Crucial Fact

  • His favourite word was mmt.

Last in Parliament November 2005, as Conservative MP for New Westminster—Coquitlam (B.C.)

Lost his last election, in 2011, with 36% of the vote.

Statements in the House

Criminal Code June 14th, 1995

Mr. Speaker, it is a privilege to be addressing Parliament today on Bill C-41. To say the least, the legislation has caused quite a stir.

The government has introduced close to 100 bills since the election but next to Bill C-68, the gun bill, no other bill has raised the kind of attention this one has.

Although the bill is extensive the focus has been on just one small section. However the implications of this one section are great and could create a social shift in the Criminal Code. The general intent of the bill is reasonable. The Criminal Code needs to be overhauled in terms of its sentencing guidelines. The code is rather weak and soft as I know all Canadians will attest. Canadians want a code that will protect them and keep our streets safer.

On the first day the bill was brought before the Standing Committee on Justice and Legal Affairs, November 17, 1994, the minister was present as a witness. I was at that hearing and listened closely to what the minister had to say. In particular I listened to his reasoning behind section 718.2, the clause that would increase penalties for those who commit crimes while at the same time they might have thought about someone's sexual orientation or religion or whatever.

With regard to section 718.2 the minister stated:

It's there, provided that a court that imposes a sentence shall take into account both aggravating and mitigating circumstances. In connection with aggravating circumstances, the court must consider evidence that the offence was motivated with bias, prejudice or hate based on race, nationality, colour, religion, sex, age, mental or physical disability or the sexual orientation of the victim.

As a court officer for over 20 years I have sat through enough court cases to know that judges already take into account all these factors in sentencing. I ask the justice minister, if something is already being done in the courts on a regular basis with innovation and flexibility, why it is necessary or appropriate to write them into the code and thereby stultify what is presently working. Where are the events in the community of such a pervasive nature that begs this kind of legislative response?

I refer to another piece of testimony given by the minister on that day. The minister stated:

I'm asked why not define the term "sexual orientation"-there's no need to add a definition. It's perfectly clear what the intention of the legislation is.

The minister in that committee finally stated what he thought was a definition of the term sexual orientation. He said:

That interpretation of that provision has been that sexual orientation encompasses homosexuality, heterosexuality and bisexuality.

Fine, I can understand that definition. Why is it then that when an amendment is proposed at the clause by clause stage to add such a definition to the term sexual orientation-and I may say the identical definition the minister stated at the committee-every Liberal member except three voted against it?

Witnesses had come before the justice committee and stated that sexual orientation could mean anything, including transsexuality and even pedophilia. Canadians need to know the direction the government is taking. I think they are observing that it is downhill. This type of leadership is unacceptable and must be highlighted so that the public can see. Then it can infer what kind of government we have.

I quote from the minutes of the Standing Committee on Justice and Legal Affairs a question I asked of John Conroy from the Canadian Bar Association on the definition of sexual orientation. I said to him:

-to my mind, the term "sexual orientation" is pretty broad. It could involve all kinds of repugnant possibilities, even those that are illegal. So could you address your mind to the definition of the term "sexual orientation" and support what you are saying when you say that it is carefully and narrowly drafted? I ask this because my assertion is that the term "sexual orientation" is not defined and is too broad.

Here is the response that was given to my question:

I would take the definition that you raised a minute ago. That has certainly been the definition I've always understood: homosexual, heterosexual, or some other sexual orientation. It could be any kind of sexual orientation, and it could be something that, as you say, is illegal.

The definition could be any kind of sexual orientation. One would assume from this that someone who practises bestiality, pedophilia or transsexuality would be considered under this section. The minister says no, but he is unwilling to define the term sexual orientation. His social agenda is clear and it has little to do with getting tough on crime.

The proposed sentencing guidelines are redundant and ill considered, injecting politics and social fashion into the administration of criminal law. Judges already have wide discretion in sentencing within limits provided by the courts of appeal. They often use this discretion to hand out particularly harsh sentences for crimes they consider harmful to society.

As far as I can determine, the government has presented no evidence that judges are being unduly lenient with criminals motivated by hate as compared to the leniency for other offences. Why pass a law that in effect asks judges to conform in accordance with a fashionable list?

The Criminal Code is not a toy or a political manifesto. Nor should it be a showcase for the government's style. It is the law of the land, the moral border of tolerance where the state will intervene. Before the government makes any changes to the Criminal Code it should show first that there is a problem and, further, a problem that can be effectively addressed by the criminal law. Demonstrate, then legislate.

The problem contemplated by section 718.2 of Bill C-41 relates to an important principle. I said from the very beginning, and I will continue to say it, that the legislation ignores the fundamental principle that everyone is equal before the law. It suggests that violence against one person is less or more significant than against others, and that it provides special recognitions and advantages to select groups of people. I do not believe it is a wise course for the administration of justice.

Several years ago a boy was murdered in Calgary by a young offender. His reasoning: the victim was overweight, shy and too brainy for his liking so he stabbed him to death. Not one of these characteristics is in the listed schedule in Bill C-41. Clearly the young boy was victimized based on discrimination of aforethought. Where does the list of discriminating characteristics end? The list is indefinite and that is why the Reform Party wants clause 718.2 of the bill removed to keep all persons equal before the law.

The courts already take into account the surrounding circumstances of the offence at the time of sentencing. If someone commits assault causing bodily harm that person is liable to imprisonment for a term not exceeding 10 years. The judge makes the decision concerning the length of the sentence not exceeding 10 years.

As it currently stands, if the judge feels that a person was assaulted because of religion, the accused could be given a term of up to 10 years in prison. What many do not understand is that even if the amendments to Bill C-41 come into force, the maximum penalty the judge can give in such a case is still 10 years. The legislation will not strengthen the limits of the Criminal Code.

It is evident that section 718.2 is not presented for any criminal justice purpose but rather to mollify some loud political voices. This section of the Criminal Code is for a social fashion purpose, what is currently politically and socially correct as defined by the Liberals.

By slipping section 718.2 into Bill C-41 the government manoeuvres one step closer to its overall agenda to include homosexuals in the Canadian Human Rights Act, which would then enable gay couples to claim spousal benefits and perhaps overturn by legal challenge any pro-traditional family social policy of the federal government. All in all section 718.2 should be deleted from Bill C-41. Deleting it would make it a better piece of legislation and more in line with the true will of the Canadian people.

I want to address another amendment that we as a party have proposed. It is simply to delete anything to do with section 745 of the Criminal Code. The clause has no right to be part of the code at all. Bill C-41 should not be referring to it. I know the member for Notre-Dame-de-Grâce feels differently as this had become his legacy when he was the solicitor general. Liberals see section 745 as the glimmer of hope. Reformers see a life sentence as just that, a life sentence. Life should mean life.

Today a court in Ontario is in the midst of the very disturbing trial of Paul Bernardo. He is charged with the murders of two young girls. If convicted he could receive a life sentence, but because of section 745 he could be walking our streets in 15 years. I cannot even bear to think of the possibility of this occurring. Yet the bleeding hearts condemn Reformers for even thinking of repealing this offensive section.

The member for York South-Weston has a private member's bill at committee stage that would get rid of section 745. If clear heads prevail, the bill will pass through the committee stage. The bill passed second reading and I believe that 74 members of the Liberal caucus supported it. We have hope then that our amendment will have similar results when it comes to a vote. When 74 Liberal members vote differently than the justice minister and the Prime Minister, one can only come to the

conclusion that these members are simply doing what is right for the justice system in our society.

Repeal of section 745 represents what the majority of Canadians want. It is a bellwether issue to measure the appropriateness of the social philosophy of the section 745 defenders. Who could ever even vote for and support in Parliament any MP who has the kind of mind that would continue to defend section 745? Canadians want it repealed. I hope the government is listening.

In conclusion I am saying that the underlying social philosophy of Bill C-41 is a measure of the basic value structure of the Prime Minister. He alone is ultimately responsible and accountable for the devalued tone of the bill's inherent message. Everything in the bill has his stamp of approval.

The Prime Minister sometimes appears as a likeable guy. However his legislation and values represented in the bill are not very likeable. The bill does not represent mainstream Canadian values. Consequently it is revealed that neither does the Prime Minister. Improvement will only come with a new government.

Environment June 2nd, 1995

Mr. Speaker, it is a privilege to reply to the environment minister's policy statement on toxic substances management.

I listened very closely to the minister's speech and for the most part I agree that toxic substances in air, water, soil and sediment will jeopardize the existence of all living things. I agree that if toxic substances are not brought under control Canada's environment will suffer. Action should be taken immediately rather than later.

However, I do not agree with the halting path the minister has chosen. The minister's policy applies only to areas under federal control. While the federal problem is a serious concern, another problem does exist, those industries in the private sector, those currently under provincial jurisdiction.

This is the continuing problem with this minister and her department. She introduces policy after policy which might be described as nothing but fluff. In other words, they sound great but the implementation is later evaluated as disappointing.

She never seems to get to the core of the problem of some of our biggest polluters. Perhaps there is a reason. Perhaps it is more political than sensible.

In late April of this year Environment Canada released a national pollutant release inventory, an extensive list of Canada's worst polluters of toxic chemicals. Among the list were some very large companies, primarily from the hub of Ontario as well as Montreal.

The country's biggest polluter was Kronos Canada in Montreal, which dumped 66,000 tonnes of sulphuric acid into the water. Another large pollutant was benzine. A total of 3,000 tonnes of benzine was released countrywide by steel and chemical manufacturers. Interestingly enough, Dofasco and Stelco Steel in Hamilton combined 882 tonnes, 29.4 per cent of the total amount of benzine released in 1993; two large companies right smack in the middle of the minister's riding. Any political handler would say to the minister stay away from that issue. Where is the integrity? Where is the will? One of the country's worst polluters of a toxic chemical is in the environment minister's backyard and the minister does not want to touch it with a ten-foot pole.

How can she claim to be environmentally friendly? If the minister were a true friend of the environment she would put politics aside and take action in cleaning up the plants that grace her riding. What this country does not need are politicians who think first about how things appear for the political image and second about real benefits to Canadians. We just need to get on with it.

This polluters list tells us where the polluters are. Well that is fine. Canadians know where they are. What they want to know is how they are going to be dealt with. Canadians want actions, not just another data base.

I will read an interesting quote from the minister regarding this data base: "It is intended to encourage industries to voluntarily reduce their releases and develop pollution prevention plans". This is coming from a minister who is supporting Bill S-7, which will legislate government departments into increasing the number of automobiles using alternative fuels, even though the Treasury Board already has guidelines for them to do so.

The minister is not promising miracles with this policy today. One does not have to be a genius to figure that out. The clean up of federal contaminated sites will be no small task. In the last auditor general's report it was estimated that there are 2,000 to 3,000 potentially contaminated federal sites, of which 500 to 1,000 would require immediate remediation. The projected cost was a minimum of about a billion dollars. The auditor general's report also mentioned that a high priority should be to clean up all federal PCB sites, at a cost of perhaps $2 billion.

This policy paper does not clearly outline how it will clean up these sites. It does not determine where the money will come from, and it does not state a deadline when all federal sites should be toxic free. I think the minister clearly has some questions to answer.

Further, with this policy we find out that the one who is going to be overseeing the policy will be the commissioner of the environment and sustainable development, the office of the auditor general. The federal government does not seem to listen to what the auditor general says now, so what will change with the commissioner, who will only report to the auditor general?

The minister says that Canada is sending a message to the world that we will do our part to deal with toxic substances. How can a strong message be sent when we are only dealing with half the problem?

Whenever the government initiates something new, it never changes the whole picture substantively. It never wants to get serious with the issues that mainstream Canadians want. Take the federal budget, for example. Canadians wanted a zero deficit plan and the government gave us a fraction of a dent to the deficit and no long term hope.

Another example is the Young Offenders Act. Canadians wanted a tougher, more accountable law. Yet the justice minister gave Canadians a watered down bill. Now we have this policy paper, which the environment minister thinks represents a solid foundation for dealing with toxic substances.

The Canadian Environmental Protection Act sounds good, but in practice has not been sufficiently delivered. The Standing Committee on the Environment and Sustainable Development will soon be tabling its recommendations to improve CEPA. I hope the minister will take heed.

We have a fisheries minister who advertises his defence of Atlantic fish. Who in the government is defending the Fraser River basin and the salmon of the Pacific coast?

The Reform Party is not against control of toxic substances. Quite the contrary. What we are saying is if there is a problem, and in this case the minister has admitted there is, deal with the problem comprehensively and not just a fraction of it.

I do not have some great scheme of how we could get industries like Dofasco and Stelco to reduce or eliminate their benzene dumping tomorrow. Then again I do not have thousands of employees at Environment Canada to work for me on this one either.

Cleaning up Canada's environment is a priority of the Reform Party and it is a priority of the minister. However, do not do it with a policy statement that federal departments can continue to ignore. Do it with legislation that is binding and that has some real bite.

Gasoline Additives May 19th, 1995

Mr. Speaker, my supplemental question is for the same minister.

By banning MMT her government is supporting the claims and data brought forward by only the MVMA. This must mean that the contrary scientific data from Ethyl Corporation is false and incorrect.

What conclusive information does the minister have that discredits the data provided by Ethyl Corporation that would cause the government to side with the MVMA and thereby perhaps place the environment at greater risk?

Gasoline Additives May 19th, 1995

Mr. Speaker, my question is for the Minister of the Environment.

The government has legislation ready to be tabled in this House that would ban the importation of MMT, a gasoline enhancer. The ban is based solely on evidence provided by only one of the two vested groups, namely the Motor Vehicles Manufacturers' Association.

The minister stated in the House on May 5 that "any cabinet decision to move on MMT is supported by all ministers of the government".

By making this ban, is the minister setting a precedent of bias for the process of decision making for all the industries within the purview of government, including natural resources?

Hyack Festival May 19th, 1995

Mr. Speaker, every May New Westminster, British Columbia holds its annual Hyack festival, a Chinook Indian word meaning "hurry up". The May day celebration dates back to 1870.

This year marks 125 years of these May day festivities. The celebration is an important part of Canada's heritage and continues to be the longest running celebration of its kind in the British Commonwealth. Children dancing with ribbons around the maypole, parades, music and fun fill the week.

Dignitaries from many countries including Queen Elizabeth II have joined the festival in past years which includes marching bands from across Canada and the United States, as well as traditional cannon shots in memory of Queen Victoria, done with two anvils and gun powder between.

The royal city is proud to present the Hyack festival, a symbol of west coast spirit within the Canadian family of communities.

Petitions May 15th, 1995

Mr. Speaker, I have a second petition today signed and started by a constituent of mine, Shelly Siwack of New Westminster.

Fifty-seven petitioners signed the petition in order to voice their opposition to Bill C-41 and urge members of the House of Commons to not give passage to the bill.

The petitioners pray that Parliament not amend the Canadian Human Rights Act or the charter of rights and freedoms in any way that would tend to indicate societal approval of same sex relationships or homosexuality, including amending the human rights act to include in the prohibited grounds of discrimination, the undefined phrase sexual orientation.

Petitions May 15th, 1995

Mr. Speaker, pursuant to Standing Order 36, I am pleased to present a petition today from 385 British Columbian constituents many of whom are from my riding of New Westminster-Burnaby.

The petitioners make it known in their petition that they are overburdened with taxation due to high government spending. Therefore they pray and request that Parliament reduce government spending instead of increasing taxes and implement a taxpayer protection act to limit federal spending.

By presenting this petition, these petitioners have displayed their responsibility to help Canada get out of this fiscal crisis. I wish to concur with this petition.

National Police Week May 15th, 1995

Mr. Speaker, this week being National Police Week, I acknowledge the RCMP detachment in Burnaby, British Columbia, Canada's second largest municipal contract detachment, with approximately 240 officers. In every aspect, this detachment exemplifies what is meant by serving the community.

On January 15 the local RCMP began a community policing pilot project, forging a new relationship with citizens. By dividing the city into four districts, the force will eliminate a central command, making officers more accessible to citizens, essentially assigning each officer to his or her own turf. By providing a greater presence in the local neighbourhoods, through full service community stations, storefront contact offices and a restructuring of the organization, this five-year strategic plan is sure to make a difference.

There is much concern for safety on our streets and in our homes. I congratulate the Burnaby force for its innovation and diligence, and making my part of British Columbia a safer place to live.

Mmt May 5th, 1995

Mr. Speaker, the Reform Party supports curtailing toxic substances but only on the basis of reliable evidence. We do not choose sides in this matter. We just want some proof. The minister appears to be deciding for political reasons rather than science.

How can the minister support an arbitrary ban of MMT without impartial evidence and especially without the support of the Minister of Natural Resources?

Mmt May 5th, 1995

Mr. Speaker, the Minister of the Environment is moving ahead with her plans to ban MMT, a gasoline additive.

The minister will not use federal environmental laws to ban the substance because she cannot. There is no independent evidence to prove MMT harms Canadians, the environment or cars in Canada. If the minister bans MMT without environmental laws she will likely find herself defending the ban under the laws governing free trade.

Considering the legal difficulties of an arbitrary ban of MMT, why is the minister still moving ahead with the ban?