John Maloney

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, transparency in appointments is always a very good thing. I cannot really respond to that because the new government has been very derelict in making its appointments. There are many vacancies on many commissions, judicial vacancies as well, and it is difficult to comment because the government has to move very quickly to fill some of these positions.

With respect to my colleague's first question, certainly the transportation of dangerous goods is a matter of real concern. In fact, I attended a training exercise with volunteer firemen in my region along with the former member for Churchill who was present from his party. They were concerned as well about what was travelling through their region, especially if there was a wreck. They were concerned about how quickly they could find out what exactly was in a tanker that was leaking some kind of substance.

I think there should be a better tracking system and there should certainly be one for rail lines that go across our borders. The rail lines in my region cross a major river and if there was a derailment or the possibility of an explosion, it would create a tremendous problem not only from an environmental perspective such as water pollution, but a main arterial route leading to the United States would be affected.

I would encourage and support more stringent requirements to deal with goods which are potentially explosive, noxious, et cetera. I welcome the member's comments. I feel the same way.

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, certainly, prior to this act there was no resolution of noise complaints. No one really had the authority to deal with it. This is a good first step. Whether this will work or not, we will soon see.

My concern is whether there is going to be sufficient manpower in these five members to deal with all the solutions or all the problems that come from across the country. We have heard even in this debate today that community after community have this problem and residents are subjected to these loud noises at all times of the day or night. There may be a plethora of complaints to the commission or to the agency and whether it will be able to deal with it in a timely fashion again remains to be seen, but as I said, it is a good first step that we did not have before.

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, I am pleased to speak today to Bill C-11.

Transportation has been integral to our nation's growth and development. Using transportation as a building block to overcome major challenges, Canada has built a mature and robust transportation system that has enabled our nation to compete with the best in the world.

As our transportation system continues to grow and mature, we must adopt innovative policy approaches to successfully meet new and emerging challenges in this sector. A statutory review of the Canada Transportation Act was completed in 2001 and Bill C-11 is the third attempt to legislate amendments arising from this review. Its two predecessors, Bill C-26 and Bill C-44, both died on the order paper with the dissolution of Parliament followed by general elections.

Successive governments have appreciated that new policy approaches are required to meet the emerging challenges in the transportation sector and keep them competitive and stable.

Bill C-11, as my hon. colleague from Ottawa South has pointed out, takes most of the good ideas from the previous Liberal bill, Bill C-44 and starts to adjust the framework found in the Canada Transportation Act. This bill would allow Canada to position its transportation system to respond to the needs and expectations of Canadians and address domestic and international pressures to remain competitive.

The bill includes many of the good provisions found in the previous bills that would make rail and air sectors more efficient, enhance competition and environmental protection, and create stable conditions for investment.

I would like to concentrate my remarks on the rail industry, the industry that helped build this country and still links us from sea to sea to sea.

Although railways make a tremendous contribution to Canada's economy, the growth of the industry has also contributed to a significant increase in concerns expressed by those who live or work near railway property.

At present, Transport Canada is responsible for regulating the safety of rail operations, including the transportation of dangerous goods, under the Railway Safety Act and the Transportation of Dangerous Goods Act. However, it is not currently involved in matters involving noise or fumes from railway operations, except train whistling.

The Liberal government recognized the complexity of addressing these kinds of issues and obviously wants the communities and the railway companies to seek solutions through collaborative approaches or mediation.

On December 7, 2000, the Federal Court of Appeal ruled that the Canadian Transportation Agency had no jurisdiction to address complaints related to noise, vibration or fumes generated by the operations of railway companies regulated under section 95 of the Canada Transportation Act. Consequently, there are no specific provisions in the act or in any other federal legislation setting out how the agency or any other body can regulate issues concerning railway operations that are not related to railway service or safety.

In this context, in May 2003 the Federation of Canadian Municipalities and the Railway Association of Canada signed a memorandum of understanding in order to build common approaches pertaining to the prevention and resolution of issues that arise when people live and work in close proximity to rail operations. After May 2003, the Canadian Transportation Agency implemented an improved mediation initiative but it was not enough.

The Liberal government recognized that circumstances exist whereby mutually agreeable salutations may not always be possible. While there have been successful collaborative and mediated solutions to railways' nuisance issues in the past, these solutions are not always sufficient and may not be sufficient in the future given the important role that rail transport may continue to play in Canada's economic future. This being the case, action was required on both the legislative and collaborative fronts.

Following extensive public consultation, an act to amend the Canada Transportation Act was first introduced in Parliament in February 2003 that included several provisions related to railway noise and gave jurisdiction to the Canadian Transportation Agency to address noise related complaints. Bill C-26 made it to the transport committee but died when the House prorogued in November 2003, as I previously indicated. In the next session of Parliament, the Liberal government entertained additional representations from the public, members of Parliament and other stakeholders on the proposed legislative amendment. The result was Bill C-44 tabled in March 2005 and now Bill C-11.

The proposed changes to the act authorized the Canadian Transportation Agency to review noise complaints and, if required, order rail companies to make changes to reduce unreasonable noise when constructing or operating a railway or rail yard. The agency must be satisfied that the parties were unable to reach a voluntary settlement of this dispute on their own.

Residents and municipal leaders in the city of Thorold in my riding of Welland have been very supportive of the changes to these sections to all incarnations of this bill. Excessive noise and emissions emanating from a rail yard in Thorold have significantly concerned citizens residing in the close proximity for many years. While prolonged noise like this could be irritating enough during the day, it is far worse to have it going throughout the night and into the early morning hours.

I personally visited adjacent homes and heard and saw how serious the problem is. All night idling and shunting of rail cars force some residents to go to sleep using ear plugs. The vibrations are so severe at times that household furniture shakes. Some have complained of air emissions with a soot like material landing on their cars and residences. We all can appreciate that such fine particles will move inside by numerous ways thereby constituting even more significant health concerns. Outdoor pollutants become indoor pollutants. Such particulate matter can adversely affect human health. The very young, the genetically predisposed, the elderly and those with pre-existing heart or lung disease are more susceptible to the adverse effects of this particulate matter.

It is well-documented that long term effects of noise exposure can cause a myriad of health problems. According to the World Health Organization, people may feel a variety of negative emotions when exposed to community noise and may report anger, disappointment, dissatisfaction, withdrawal, helplessness, depression, anxiety, distraction, agitation or exhaustion.

Noise can produce a number of social and behavioural effects in residents, besides annoyance, that include changes in overt everyday behaviour patterns. Residents close windows, do not use balconies or decks, turn TV and radio volume up louder or write letters to elected officials. It can also change their social behaviour for the worse. People affected by noise may experience aggression, unfriendliness, disengagement and non-participation. There can be adverse changes in social indicators such as residential mobility, hospital admissions, drug consumption and accident rates. Finally, their mood or mental health can be affected. They may be less happy and more depressed.

The research of the World Health Organization also states that stronger adverse reactions have been observed when noise is accompanied by vibrations. It is no wonder that these residents want to see a better way of dealing with this noise problem.

This community wants to deal with those noise complaints through the Canadian Transportation Agency. They believe in mediated solutions that are reached through fair and non-confrontational ways. As has been mentioned, this approach is less litigious, quicker, cheaper and a more friendly resolution but they can only stand the aggravation for so long.

We tried working with the rail company to come to some kind of solution, such as allowing the trains to idle in a more rural area. We inquired about technologies so that the diesel engines could be shut off rather than idling for hours on end. However, we met with no willingness to compromise and the rail company hid behind the position that a caveat about the noise had been written into the municipal subdivision agreement that is registered on the titles of the affected homes. Admittedly, a caveat on the titles of their property should constitute notice of many of the concerns expressed. However, the reality is that few are made aware of such notices and no one appreciates their full implications. It also is cold comfort to the residents who have invested their life savings in properties that they cannot enjoy to their full benefit. Caveats on titles to properties must not mitigate or be an unequivocal response to noise pollution or air pollution.

In the rail company's defence one must concede that the changes required may affect their operating efficiencies and most certainly the cost of relocation to a more appropriate location. However, in such situations one must consider the greater good. My support is for the constituents in my riding and in communities in ridings throughout country.

The Thorold community knew the benefits of Bill C-44 and was disappointed when it died on the order paper and can now be hopeful that it is included in Bill C-11.

Another area I would like to address very briefly is the abolition of the Air Travel Complaints Commission. It does concern me. This commission was there to assist consumers with complaints on air travel. The government takes the position now that competition is an informal way of utilizing a complaints process. One can choose another airline. This might be fine for the frequent flyer travelling between major cities who can choose another airline but in many rural areas there is not the luxury of service by more than one airline. Retention of the Air Travel Complaints Commission is most important to service these communities and these flyers.

In addition, clarity in air fare advertising is a very positive initiative. The Canadian Transportation Agency would have the authority to make and enforce regulations to require that the advertising price includes all costs to the airline for providing the air service.

Advertisements would also indicate fees, charges and taxes collected by the airline on behalf of a government body or airport authority. In addition to the prices of airline tickets for both domestic and international travel, the travelling public is often literally shocked when actual ticket costs are far in excess of the advertised costs of the flights.

I am also concerned about the reduction in the membership of the Canadian Transportation Agency from seven part time to five full time centred in Ottawa. With all their increased responsibilities I am sincerely concerned that they will have insufficient manpower to undertake their current responsibilities and the new responsibilities that the act would give them. That would be a travesty if they certainly do not have the tools to deal with the situation presented to them.

In conclusion, I look forward to a full review of Bill C-11 at committee and listening to the comments and concerns of the transportation industry and the public.

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, the hon. member went on at great length about the concerns of noise pollution and air pollution. It seems to be a common theme across the country. It is a concern in many provinces and communities.

With the reduction in membership of the Canada Transportation Agency from seven part time to five full time, centred in Ottawa, does the member feel there will be sufficient human resources to adjudicate and mediate what I say will be a tremendous amount of complaints that will come forward now that we have an agency that can actually deal with disputes and concerns? Do you feel that there will be sufficient manpower to do this now that we have the tools, although do we really have the tools?

[Electoral Boundaries Readjustment Act, June 16th, 2006]

moved for leave to introduce Bill C-324, An Act to change the name of the electoral district of Welland.

Mr. Speaker, I move for leave to introduce this private member's bill that would change the name of my electoral district from Welland to Niagara South Centre. The name of Welland is a little confusing because the city of Welland is just one of five municipalities within the riding. I believe it is inequitable to name a riding after one community.

I am going back to a generic name similar to the name of the riding prior to redistribution. I submit that the name Niagara South Centre is a good compromise. At the same time, it does not infringe upon any current provincial riding names in the area.

(Motions deemed adopted, bill read the first time and printed)

[Petitions, June 15th, 2006]

Mr. Speaker, pursuant to Standing Order 36 I have two petitions to present.

The petitioners acknowledge that 84% of parents with children are both in the workforce, that today 70% of women with children under the age of six are employed and that child care as a consequence is an everyday necessity.

The petitioners call upon the Prime Minister and the government to honour and acknowledge the early learning and child care agreements with the province of Ontario.

[Criminal Code, June 2nd, 2006]

Mr. Speaker, it was in 1995 when the former Liberal government brought in conditional sentencing. The general consensus at that time was that it was an appropriate measure in measured circumstances.

When we are talking about violent offences, we are not at the trial of the accused. We are not listening to the arguments of the prosecution or the defence counsel or the reasons for the decision of the judicial advocate at the time. Media reports hype up a lot these situations. On the face of a bold headline, it may seem horrendous to all of us but when we get right down to the nitty-gritty, perhaps it was an appropriate disposition in the circumstances. Each case has to be looked at on its facts. Each case is different and separate. We cannot just look at the headlines of a case.

[Criminal Code, June 2nd, 2006]

Mr. Speaker, I just want to continue with the balance of my address on Bill C-9.

The previous Liberal government introduced Bill C-70, which was an act to amend the Criminal Code with respect to conditional sentences, to further clarify appropriate limits on the use of conditional sentences because we take the safety and security of Canadian communities seriously.

Those reforms would have created a presumption preventing courts from using conditional sentences in cases of serious personal injury offences as defined in the Criminal Code, such as all forms of sexual assault, terrorist activities, organized crime related offences and any other offence where the individual case is so serious that the need to condemn the act and not use a conditional sentence takes precedence over any other sentencing objective.

By comparison, the Conservative bill, Bill C-9, which is currently being debated, simply restricts the use of conditional sentencing at any time someone is convicted of an offence prosecuted by indictment that carries a maximum prison sentence of 10 years or more. As a result, the Conservative bill affects a number of Criminal Code offences that our bill would not have impacted.

The implications of the bill are numerous. Since the Conservatives have chosen to set the bar at 10 years and only when prosecuted by indictment, there remains a possibility that crown prosecutors will simply use summary convictions in place of an indictment in an attempt to continue the use of conditional sentences.

There is also a concern that the bill could result in an uneven application of justice across Canada. Aboriginal communities would be notably affected by the bill. There is also a difference in prosecution in each of the provinces. For example, in certain provinces charges are laid by arresting officers, whereas in other jurisdictions crown prosecutors decide on which charges are to be laid. These are unintended consequences that must be addressed at the justice committee during consideration of the legislation.

We look forward to the legislation going to committee where it can be objectively analyzed in conjunction with expert opinions on its merits or negatives and, where necessary, appropriate amendments being made. The legislation, with a little more reflection, has the potential to help contribute to safer streets and communities. This is a worthy objective of all members of this House.

[Criminal Code, May 31st, 2006]

Maybe we could have unanimous consent for me to continue, Mr. Speaker.

[Criminal Code, May 31st, 2006]

Mr. Speaker, I am pleased to speak to Bill C-9 this evening.

Conditional sentencing allows for sentences of imprisonment to be served in the community, rather than in a correctional facility. It falls at a point between imprisonment and sanctions such as probation or fines. The conditional sentence was not introduced in isolation, but as part of a review of the sentencing provisions in the Criminal Code.

These provisions included the fundamental purpose and the principles of sentencing, namely, that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The principles apply to conditional sentences as well.

The primary goal of conditional sentencing is to reduce the reliance upon incarceration by providing an alternative sentencing mechanism to the courts. In addition, the conditional sentence provides an opportunity to further incorporate restorative justice concepts into the sentencing process by encouraging those who have caused harm to acknowledge this fact and to make reparation. Achieving these objectives is beneficial to society.

At the time of their introduction, conditional sentences were generally seen as an appropriate mechanism to divert minor offences and offenders away from the prison system. Overuse of incarceration was recognized by many as problematic while restorative justice concepts were seen as beneficial. In practice, however, conditional sentences are sometimes viewed in a negative light when they are used in cases of very serious crimes.

Concern has been raised that some offenders are receiving conditional sentences of imprisonment for crimes of serious violence, sexual assault and related offences, driving offences involving death or serious bodily harm, and theft committed in the context of a breach of trust.

While most people would agree that allowing persons not dangerous to the community, who would otherwise be incarcerated and who have not committed a serious or violent crime, to serve their sentence in the community is beneficial, some consider that in certain cases the very nature of the offence and the offender require actual incarceration.

The fear is that to refuse to incarcerate an offender can bring the entire conditional sentence regime and hence the criminal justice system into disrepute. In other words, it is not the existence of conditional sentences that is problematic, but rather their use in cases that seem clearly to call for incarceration.

Often it is an inciting headline and media reports that raise calls of outrage. However, had one sat through the criminal trial, heard submissions on sentence and the reasons for judgment, it is not unusual that a reasonable individual would support the decision.

The provisions of governing conditional sentences are set out in sections 742 to 742.7 of the Criminal Code. They set out four criteria that must be met before a conditional sentence can be considered by the sentencing judge. First, the offence for which the person has been convicted must not be punishable by a minimum term of imprisonment. Second, the sentencing judge must have determined that the offence should be subject to a term of imprisonment of less than two years. Third, the sentencing judge must be satisfied that serving the sentence in the community would not endanger the safety of the community. Fourth, the sentencing judge must be satisfied that the conditional sentence would be consistent with the fundamental purpose and principles of sentencing as set out in section 718 of the Criminal Code.

Insofar as the fourth criterion is concerned, among the objectives of sentencing are the denunciation of unlawful conduct, the deterrence of the offender and others from committing offences, the separation of the offender from the community when necessary, the rehabilitation of the offender, the provision of reparation to victims or the community, and the promotion of a sense of responsibility in the offender.

The foregoing criteria were designed to ensure that the most severe cases would not be dealt with by a conditional sentence. In addition to meeting the criteria set out, conditional sentences involve a number of compulsory conditions as set out in section 742 of the Criminal Code.

These conditions compel the offender to keep the peace and be of good behaviour, appear before the court when required to do so, report to a supervisor when required, remain within the jurisdiction of the court unless written permission to go outside the jurisdiction is obtained from the court, and notifying the court and a supervisor in advance of any change of name or address and promptly notify the court or the supervisor of any change in employment or occupation.

Optional conditions are designed to respond to the circumstances of the individual offender. Such conditions may include an order that the offender abstain from the consumption of alcohol or drugs, abstain from owning, possessing or carrying a weapon, perform up to 240 hours of community service, or any other reasonable condition that the court considers desirable for securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of another offence.

As an alternative to the possibility of imposing a conditional sentence, a court may suspend sentence and impose a probation order. Section 731 of the Criminal Code indicates that, where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence, and the circumstances surrounding its commission, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order.

This possibility is open to the court only if no minimum punishment is prescribed by law. In many cases, conditional sentences are preferential alternatives to a suspended sentence or probation order, as I have just elaborated.

In a Queen's University study that concentrated upon the victims of crime and their attitudes toward conditional sentencing, the following benefits of conditional sentencing were cited and I find these most interesting: most rehabilitation programs can be more effectively implemented when the offender is in the community rather than in custody; prison is no more effective a deterrent than more severe intermediate punishments, such as enhanced probation or home confinement; keeping offenders in custody is significantly more expensive than supervising them in the community; the public has become more supportive of community-based sentencing, except for serious crimes of violence; widespread interest in restorative justice has sparked interest in community-based sanctions. Restorative justice initiatives seek to promote the interests of the victim at all stages of the criminal justice process, but particularly at the sentencing stage; and the virtues of community-based sanctions include the saving of valuable correctional resources and the ability of the offender to continue or seek employment and maintain ties with his or her family.

The most important case to consider conditional sentencing is the decision of the Supreme Court in Regina v. Proulx. Here, the Supreme Court examined the issue of conditional sentences in a case that concerned a charge of dangerous driving causing death and bodily harm. Prior to this decision, judges had little guidance on when it was appropriate to impose a conditional sentence, outside of the criteria set out in the Criminal Code. The Supreme Court made it clear that a number of changes needed to be made to the way in which the sanction was used. But the judgment also consists of a strong endorsement of conditional sentencing.

The key result of the Proulx decision was that there is no presumption against the use of a conditional sentence if the crime does not have a mandatory period of incarceration.

Objections have been raised to the use of conditional sentences for certain crimes. One example is that of impaired driving. The organization Mothers Against Drunk Driving, MADD, Canada has circulated a petition asking Parliament to eliminate the availability of conditional sentences for those convicted of impaired driving causing death or impaired driving causing bodily harm.

MADD believes that for violent crimes in which persons have been killed and/or injured, a conditional sentence does not adequately address the severity of the crime. There is a perception that the justice system is tilted towards concern for the offender and not enough is said about the value of the human life that has been taken away. These are positions that must be considered as well.

The previous Liberal government introduced Bill C-70, an act to amend the Criminal Code with respect to conditional sentences, to further clarify the appropriate limit to the use of conditional sentences. We took the safety and security of Canadian communities very seriously.

Mr. Speaker, you are indicating to me that my time is over, and I--