Lost her last election, in 2006, with 39% of the vote.
Organized Crime May 10th, 2001
Mr. Speaker, we have adopted the approach that we have to ensure that the judiciary is not involved in an inappropriate way in the investigative stage of crime, thereby ensuring that they continue to play their role as the ultimate protectors of Canadians' rights and freedoms.
Organized Crime May 10th, 2001
Mr. Speaker, I agree with everything my colleague, the solicitor general, has said. I emphatically disagree with the leader of the Bloc that this is an appropriate role for the judiciary. What he fails to understand is that to involve the judiciary in this kind of role would lead to their involvement in the investigative stage of crime in a way that violates the traditions of our democracy.
Criminal Code May 9th, 2001
Mr. Speaker, the hon. member raises a very serious and important question on this, the very sad and tragic anniversary of the Westray mine disaster.
As I indicated before in the House, the justice committee issued a report in relation to possible changes around corporate criminal liability. Unfortunately the justice committee did not hear witnesses from the corporate community or from labour, as was pointed out to me by the hon. leader of the New Democrats last week.
In discussions with my colleague, the Minister of Industry and the chair of the industry committee, we would like to move forward on this important matter and hold hearings that would ensure the interests of the corporate community, labour and others—
Federal Law—Civil Law Harmonization Act, No. 1 May 7th, 2001
moved that the bill be read the third time and passed.
Mr. Speaker, I take this opportunity to recognize the tremendous co-operation we have had from all parties in the House this morning with respect to the bill.
I recognize and I appreciate the support of all members for this bill.
The harmonization project itself has been well supported by all stakeholders in and outside of Quebec and I appreciate the level of support Bill S-4 has received here this afternoon.
Federal Law—Civil Law Harmonization Act, No. 1 May 7th, 2001
Mr. Speaker, I am pleased to speak to Bill S-4, the federal law—civil law harmonization act, No. 1. I will start by providing some of the historical and legal context of bijuralism in Canada, which is at the heart of the bill.
Canada is a bilingual and bijural country. Common law and civil law traditions have been co-existing since 1774. In practice, in the area of private law, the civil law is used in the province of Quebec and the common law, in the other provinces and territories.
The Constitutional Act of 1867, which divided legislative powers between parliament and provincial legislatures, did not change the situation.
By giving the provinces jurisdiction over property and civil rights the Constitution Act enabled provinces to pass legislation in key areas governing legal relationships between individuals. Some examples include the rules governing family, estates, property, contracts, liability and prescriptions.
When federal legislation uses or refers to principles and concepts found in provincial or territorial private law, it interacts with the two legal traditions that co-exist in the country. This interaction occurs in both the English and French versions of federal legislation. However in many cases over the years federal legislation has not succeeded in giving civil law the same resonance as common law.
The new Quebec civil code came into force in 1994. This code deeply changed the civil law of Quebec. In the fall of 1997, at the symposium on harmonization of federal legislation with the civil law of Quebec and Canadian bijuralism, in Montreal, I officially launched a lengthy process that led to Bill S-4.
Bill S-4 is the first in a series of bills intended to harmonize all federal legislation with the civil law of the province of Quebec. This is an enormous task and one that will have significant practical implications for lawyers and notaries that practise law in Quebec. It has received widespread support from all stakeholders.
The objectives of harmonization of federal legislation with the civil law of Quebec are to ensure that federal legislation is fully consistent with the new civil law concepts and institutions, that federal legislation employs correct and precise terminology, and that amendments to federal legislation take into account French common law terminology.
Let me be clear that Bill S-4 does not create substantive rights or enshrine any new individual or collective rights.
Bill S-4 is aimed at ensuring that all Canadians have access to federal laws that respect the legal tradition of the province or territory where they live: the civil law in Quebec and the common law in the rest of the country.
Thus, while federal law may apply a single principle nationally, for example, the liability of the crown in tort, it will do so in a manner respectful of the common law and civil law traditions in each province or territory. There is therefore co-existence between uniformization and harmonization of federal statutes.
Federal laws are uniform in the sense that they apply a single rule throughout Canada. They are also harmonized in that federal statutes, in relation to matters of property and civil rights, respect the particularities of the civil law or common law as it applies in a given jurisdiction.
Bill S-4 reflects the principles and concepts of both our great legal traditions. In some small way I hope we are providing further roots for the civil law system in our country, acknowledging that it stands on an equal footing with the common law system in federal legislation.
Given the innovative character of the harmonization program, the preamble puts the bill into context and explains the importance of the initiative. The preamble recognizes the bijural character of Canada in two ways. First, it recognizes that Quebec is the only province in Canada that has a civil law system and that the bill represents a concrete effort to reflect civil law principles and concepts in federal legislation where it is relevant to do so.
Second, the preamble fully acknowledges the common law as the other half of Canadian bijuralism.
Our bijural tradition gives Canada an advantage internationally. It enables us to better understand the legal systems of countries with a common law or civil law tradition, and it facilitates communication with them.
In the age of globalization of trade, our harmonization program is timely. This provides Canada with an enormous advantage in terms of what we bring to the table, of crossing the lines and bringing people together to not only work in French and English but to have a degree of confidence and assurance with both common law and civil law principles.
We are fortunate, as a country, that two of the great legal systems in the world are represented here and that more and more people can easily work or give advice in one system or the other. This is true not only here, but also in our work at the international level.
The harmonization program is a totally unique and innovative initiative that does not exist in any of the countries that share a dual legal tradition with Canada. It is tangible evidence of the government's commitment to our two great legal traditions and to achieving full equality between them.
Bill S-4 will concretely acknowledge the existence of the two great legal systems of our nation in a manner not done before in Canada or anywhere in the world. The bill will ensure that federal statutes equally take into account, in both official languages, each of the traditions that make up the legal fabric of our nation. It will also allow Canada to play a leading role in an increasingly globalized world.
I thank all who have contributed to and supported this immensely challenging project.
In conclusion, I thank my hon. colleagues for their support for this groundbreaking legislation.
Federal Law—Civil Law Harmonization Act, No. 1 May 7th, 2001
moved that Bill S-4, a first act to harmonize federal law with the civil law of the province of Quebec and to amend certain acts in order to ensure that each language version takes into account the common law and the civil law, be read the second time and referred to a committee.
Blue Water Bridge Authority Act May 4th, 2001
moved that Bill S-5, an act to amend the Blue Water Bridge Authority Act, be read the second time and, by unanimous consent, referred to a committee of the whole.
Criminal Law Amendment Act, 2001 May 3rd, 2001
Mr. Speaker, I understand that the government House leader has consulted with the House leaders of other parties. I would move, with consent:
That the debate be now adjourned.
Criminal Law Amendment Act, 2001 May 3rd, 2001
moved that Bill C-15, an act to amend the Criminal Code and to amend other acts, be read the second time and referred to a committee.
Mr. Speaker, I am pleased to begin second reading debate on Bill C-15, an act to amend the Criminal Code and to amend other acts.
As omnibus bills before it, Bill C-15 has a number of diverse elements. Most recently we have seen examples of omnibus bills: Bill C-51 in 1999, Bill C-17 in 1996 and Bill C-42 in 1994. These examples demonstrate that the practice of introducing criminal amendments through an omnibus bill is a longstanding practice and one that has served the criminal justice system well.
The amendments proposed in the criminal law amendment act, 2001 respond to serious crimes against children and other vulnerable members of society, provide additional safeguards for the law enforcement community, strengthen our laws concerning cruelty to animals, make administrative and procedural improvements to the justice system, and make administrative amendments to the Firearms Act.
First I will deal with the proposed amendments to better protect our children. The provisions that deal with protecting children respond to the government's commitment in the Speech from the Throne to safeguard children from criminals on the Internet and to ensure that children are protected from those who would prey upon their vulnerability. They also respond to a consensus of ministers responsible for justice at the last FPT meeting to create an offence of Internet luring.
The Internet is a new technology that can be used to stimulate the communication of ideas and facilitate research, but, as with any instrument, when placed in the wrong hands it can be used for ill and to cause harm. Canadians will not tolerate a situation where individuals, from the safety and secrecy of their house, use the anonymity of the Internet to lure children into situations where they can be exploited sexually.
The new offence seeks to address what has been reported as a growing phenomenon not only in our country but globally. It criminalizes communicating through a computer system for the purpose of facilitating the commission of a sexual offence against a child or the abduction of a child.
We also want to ensure that those who view, or transmit child pornography to others, will not escape criminal liability by using new technologies.
We will extend the scope of current child pornography offences to make it clearer that actions that constitute an offence when committed with traditional means remain an offence when committed with electronic means.
Bill C-15 seeks to create four new offences: an offence of transmitting child pornography to cover one to one distribution, such as e-mail sent to one person only; an offence of making child pornography available to cover those who post child pornography on a publicly accessible website but take no other steps to distribute it; an offence of exporting child pornography to meet our international obligation; and an offence of accessing child pornography to capture those who intentionally view child pornography on the net but where the legal notion of possession may be problematic. The offence is defined to ensure that inadvertent viewing would not be caught under this offence.
I will now turn to three other proposed measures to better protect vulnerable Canadians. The first measure I wish to mention is the offence of criminal harassment, or stalking as it is sometimes referred to. This is a serious offence that can have a devastating effect upon the emotional and physical well-being of the victim.
In Bill C-15, this government is taking strong measures to ensure that the criminal justice system treats criminal harassment as the serious offence that we know it to be.
The government's response to this issue is twofold: first, to strengthen the existing legislation; and, second, to strengthen enforcement of the law through comprehensive guidelines for criminal justice personnel on criminal harassment.
Bill C-15 responds to our first commitment by proposing to increase the maximum penalty for criminal harassment when prosecuted on indictment from five to ten years. This sends a strong signal to would-be stalkers. Criminal harassment is a serious offence and its sentence would now better reflect this serious nature.
With respect to our second commitment relating to enhancing the enforcement of the criminal harassment provisions, I am pleased to note that together with our federal, provincial and territorial counterparts a handbook for police and crown prosecutors on criminal harassment was developed and released in December 1999. The handbook provides a practical set of guidelines for criminal justice personnel on all aspects of a criminal harassment case, including victim safety.
I now wish to address the difficult issue of home invasions, one that has been raised by a number of my colleagues on all sides of the House. The term home invasion is generally used to describe a robbery or break and enter of a private residence when the perpetrator forces entry while the occupants are at home, and this is key, and the perpetrator threatens to use or does use violence against the occupants.
The proposed amendment to the criminal code would indicate that where the offender's conduct was in the nature of a home invasion the court must consider this to be an aggravating factor when determining the sentence to be imposed. Such an amendment would provide clear direction to the courts and would express parliament's view that home invasion is a grave form of criminal conduct which must be dealt with appropriately during the sentencing process.
Another important measure proposed in Bill C-15 is the new offence of disarming or attempting to disarm a peace officer. This new offence would apply to anyone who tries to take away an officer's weapon when the officer is acting in the course of his or her duties. It is proposed that this new offence carry a maximum penalty of five years to reflect the seriousness of the offence and to send a clear message that taking or attempting to take a police officer's weapon would not be tolerated. The safety of police officers is a priority for the government.
The criminal law amendment act, 2001, would revive amendments introduced in the last parliament dealing with cruelty to animals. The proposed reforms have two primary objectives: to simplify and better organize the existing laws and to enhance the penalties for animal cruelty.
In particular we are increasing the penalties for animal cruelty offences with the highest penalty being five years in prison, up from the current maximum of six months. We would eliminate the current limit of two years maximum duration for an order prohibiting the offender from possessing animals and would include a new power for the court to order as part of a sentence that the offender repay to a humane society the reasonable costs associated with the care of the animal.
I would like to make clear this afternoon that these changes do not in any way negatively affect the many legitimate activities that involve animals, such as hunting, farming, or medical and scientific research. These are regulated activities subject to specific technical rules and regulations and codes of practice. The criminal law is not being used to establish or modify industry standards but rather to prohibit conduct that is grossly unacceptable. Simply put, what is lawful today in the course of legitimate activities would be lawful when the bill receives royal assent.
The law already requires that we treat animals humanely and with respect. These amendments would ensure that the law can adequately deal with those who would wilfully abuse animals. I believe that all members of the House can support this principle. There is no subject on which I receive more mail from Canadians on a weekly basis than on the question of modernizing our laws in relation to cruelty to animals.
I would like to speak now in relation to the proposed amendments concerning firearms. The Canadian firearms program is an example of the preventive approach our government takes to public safety. Moreover, the program is already achieving higher levels of public safety for all Canadians and the facts demonstrate it.
Since December 1, 1998, more than 3,000 licences have been refused or revoked by public safety authorities. The number of revocations is 26 times higher than the total of the five previous years. Overall the licensing compliance rate in Canada is now over 90%.
However, we have learned from the licensing experience. We have also listened to the concerns of gun owners and other Canadians about program efficiency and client service. We are proposing administrative changes to facilitate the registration process and to continue to ensure a high level of service to clients. These administrative changes do not affect the deadline of January 1, 2003, for registration of all firearms nor the government's commitment to public safety.
We are responding to the needs and wishes of Canadians and firearms owners by proposing changes that will make the program more user friendly, more cost efficient and client oriented. We will design a more streamlined system by simplifying the licence renewal process, by redesigning the registration process and by making better use of new and emerging Internet technology, for example, by allowing for registration of firearms online. We also intend to improve efficiency and reduce costs, for example, by staggering firearms licence renewals to avoid a surge of applications in five year cycles.
With these amendments, we will reach a balance between the interests of responsible firearms owners and our shared objective of public safety.
The efficiency of any criminal justice system depends upon its ability to protect the innocent while bringing those who are guilty of crime to justice. Despite all the precautions that our justice system takes to avoid the conviction of an innocent person, no system is infallible. Wrongful convictions can occur and regrettably have occurred in the past. The names Donald Marshall, David Milgaard and Guy Paul Morin make my point.
In such cases our entire justice system finds itself in disrepute. That is why Bill C-15 includes important improvements to section 690 of the criminal code, the conviction review process. It is a final safety net for those who are the victims of wrongful conviction.
In October 1998 we released a public consultation paper seeking submissions on how our conviction review process could be improved. The consultations informed the measures now found in Bill C-15.
The ultimate decision making authority in criminal conviction reviews will remain with the federal Minister of Justice, who is accountable to parliament and to the people of Canada. The Minister of Justice can recognize and maintain the traditional jurisdiction of the courts while providing a fair and just remedy in those exceptional cases that have somehow fallen through the cracks of the conventional justice system.
However, maintaining the status quo is not an acceptable option. Therefore the amendments to section 690 will provide investigative powers to those investigating cases on behalf of the Minister of Justice. This will allow investigators to compel witnesses to testify and documents to be produced.
In order to make the conviction review process more open and accountable, ministers of justice will now be required to provide an annual report to parliament and a website will be created to give applicants information on the process.
I believe that these amendments are the most efficient and effective way to improve the post-appellant extrajudicial conviction review process in Canada.
Let me turn briefly to the area of criminal procedure reform. The Department of Justice has been working closely with the provinces and territories on criminal procedure reform for some years. This work is now in its third phase.
The objectives of phase three are to simplify trial procedure, modernize the criminal justice system and enhance its efficiency through the increased use of technology, better protect victims and witnesses in criminal trials, and provide speedy trials in accordance with charter requirements.
We are trying to bring criminal procedure into the 21st century. This phase reflects our efforts to modernize our procedure without in any way reducing the measure of justice provided by the system.
As I said at the outset, the provinces and territories support these reforms. As they are responsible for the administration of justice, I believe that we should do our best to give them the tools they need to ensure the efficient and effective operation of the criminal justice system.
In conclusion, I am sure the standing committee will give Bill C-15 its usual thorough review and examination. I believe it contains a number of important improvements to the criminal justice system and measures that will contribute to the protection and safety of all Canadians. I call on all members of the House to support the bill.
With consent, I would move that the debate on Bill C-15 do now adjourn.
Justice May 3rd, 2001
Mr. Speaker, let me say again that we have always had as our guiding principle the best interest of children.
I have a document on custody, access and child support in Canada which I would happily table here this afternoon. This is the joint federal-provincial consultation document with which we are going out to Canadians.
I am again appalled that party which speaks the rhetoric of grassroots consultation does not want to hear from Canadians in relation to—