Crucial Fact

  • His favourite word was community.

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

Fresh Water February 8th, 1995

Mr. Speaker, on December 14, 1994, I questioned the Minister of Justice on four orders in council concerning prohibited weapons. January 1, 1995 was the infamous date that those orders were to become effective, much to the dismay of many honest gun owners in Canada.

It is common knowledge that many Canadians are upset with the minister's gun control package. The minister is feeling the heat from his own colleagues in the Liberal caucus who are against the intrusive gun control that he promised in his announcement.

In my question I referred to two court decisions, Repa and the Queen, 1982, and Theodore Pierce Simmermon and the Queen, 1993. In both cases the presiding judge made a ruling that the weapons order was invalid because it was not subjected to parliamentary scrutiny in accordance with section 116(2) of the Criminal Code:

The Minister of Justice shall lay or cause to be laid before each House of Parliament, at least thirty sitting days before its effective date, every regulation that is proposed to be made under subsection (1); and every appropriate committee as determined by the rules of each House of Parliament may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to the appropriate House.

Recently a third case has been heard in the courts, this time in British Columbia, Regina v. Martinoff. Vancouver provincial court judge H.J. McGivern followed the decision of the Alberta case.

In December I clearly asked the minister to explain to this House why he had not complied with this section of the code. Instead of answering my question, the minister went on to tell me that the orders in council were made under section 84 of the Criminal Code which does not require the sort of procedure outlined in section 116(2).

I understand the Criminal Code very well and I know that under section 84 the minister can initiate orders in council without the inclusion of a reference to Parliament as is set out in section 116(2).

However, I do not understand how the minister can cast a blind eye to three court cases in Canada that have overruled orders in council under section 84. What is the minister scared of by bringing such orders before the House and before an appropriate committee?

The minister stated in his response to me with respect to the case in Alberta that judgment was wrong in that respect and that he will succeed in the appeal. Clearly the minister should not be making a public evaluation on a specific case if the case is in the appellate division of the court. Rather, it should be the duty of the minister to look at the various courts and make decisions and comments based on the momentum of rulings.

The Liberal government prides itself on consultation processes and discussion papers. It has produced so many of them it is running out of colours to name these papers.

The Reform Party has always promoted consultation but only if there is a conclusion to the discussion. Why is it that a government supposed to be keen on openness did not discuss the topic of prohibited weapons?

Before the parliamentary secretary scribbles down an answer to tell me that there was an emergency for the overall safety of Canada, I want to fill him in on a few of the statistics taken from a survey of causes of death in Canada.

Statistics Canada in 1992, and it is about the same now, said that 155,746 people died of diseases, 90 per cent of all deaths in Canada. For example 3,437 died in car accidents, 2 per cent of all deaths. Thirteen hundred and fifty-eight died of AIDS, .7 per cent of all deaths. Two hundred and forty-seven died of homicides caused by firearms, that is, .14 per cent of all deaths. Sixty-three died of gun accidents, .03 of all deaths.

In addition, let me point out that based on these statistics it is 336 per cent more likely that a male will die as result of a gun than will a female.

The minister needs to put his priorities in the right place. He needs to let Parliament and therefore the people who elected us as members of Parliament to evaluate if certain firearms should be banned or prohibited.

I do not have a great amount of time but I want to ask the minister several specific questions and would greatly appreciate clear and precise answers. With three court cases before him, will the minister acknowledge that these are not isolated cases but rather cases of significance and bearing and that his decision to proceed with orders under section 84 was wrong and ill fated?

When a clear procedure is outlined, why would the minister make every effort to avoid it, thus causing further complications in the courts? Why would he not even live up to the spirit and the intent of Parliament? Given that in the end broad public support and co-operation is required for gun regulations to work, why would the minister risk his whole package in the public spirit of co-operation just to prove an obscure procedural point?

Will the minister call back the orders in council and resubmit them under section 116(2) enabling wider consultation and an honest democratic process?

Questions On The Order Paper February 6th, 1995

How much money was spent in 1992-93 for ad hoc private lawyers to do local federal prosecutions in place of local provincial crown counsel?

Gun Control December 14th, 1994

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

On November 29 he produced four orders in council concerning prohibited weapons. Two court decisions should require the minister to lay these orders before the House at least 30 sitting days before their effective date. His date of January 1 would not even be close.

Will the minister explain to the House why he has not complied with the law, section 116 of the Criminal Code?

Criminal Law Amendment Act, 1994 December 13th, 1994

Mr. Speaker, the change for theft under or over also is a significant change to the available consequences. On the principle of stare decisis the justice minister knows that there is a going tariff for theft under. This is certainly going to change. For the public to get hold of the idea that the common tariff or consequence for theft under is now going to include property up to $5,000 is quite a considerable shock. When I mentioned this recently to some policemen on the street as I was riding with them on their shift they could not believe what Parliament was doing.

I ask the minister to perhaps consult further with the people at the line level and delay the proclamation of this amount.

Criminal Law Amendment Act, 1994 December 13th, 1994

Mr. Speaker, it is a privilege to speak again on Bill C-42, although I did not expect to be doing so when I last spoke on this legislation on October 4. At that time the Reform Party agreed with the majority of the bill the way it stood and therefore proceeded to committee of the whole and quick passage through the House of Commons. We had one clear objection at that time but it now appears the House of sober second thought has had some other ideas about the bill.

The amendments deal with the French version of the text and are apparently only housekeeping items that I am sure better clarify the meaning of the text. The amendments of concern are those to clauses 61 and 62. Clippings of newspapers were filled with editorials and columns urging the Senate to reject these two clauses of the bill. Apparently the Senate listened well and proceeded to send the bill back to the House with those two deletions. Here we see the power of the media at work.

I am not going to criticize the Senate for sending the bill back with amendments. That is what it is supposed to do. However, I am sure the Senate could have made other more important amendments that would have strengthened the legislation.

Clause 28(3) of the bill states: "Everyone who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars". The bill would replace the word "one" with the word "five". Why did the Senate not bring forward an amendment to this part of the bill? The reason is clear. The bleeding hearts think this would be too cruel, too onerous. They did not think twice on this one.

In 1954 the dollar indicator for theft over, theft under was $50. The next time this clause was changed was in 1975 when it became $200. The law as we know it today was amended in 1985 to $1,000. The punishment for theft over is an indictable offence and liable for imprisonment up to 10 years. For anything under $1,000 the punishment is usually a summary conviction with minor consequences available.

The government must realize that when it brings forth amendments it will set a precedent on amendments in the future. This government does not think logically. Neither does it consider the past nor the future.

Property crimes in Canada historically account for approximately two-thirds of all Criminal Code offences. In fact in 1990 thefts over and under $1,000 comprised over two-thirds of all property crimes reported to police.

The area of concern is theft over. From 1986, one year following the dollar cut off being raised to $1,000 until 1992, theft over had increased by 9 per cent. I am sure the government at the time felt that raising the rate from $200 to $1,000 would help curb the property crime rates.

Now today with Bill C-42 the government hopes that by raising the limit from $1,000 to $5,000 this increase will help curb property crime rates in 1995 and beyond. The government should take a careful look back at history and see how things failed before charging ahead with an idea that it only hopes will work for the best. In my opinion the government should keep the dollar amount at $1,000. Getting softer with criminals is not going to reduce the crime rate. It will perhaps only increase it.

Bill C-42 was first read on June 15, 1994. The member for London West spoke on October 4, with a speech that perhaps could have been prepared by one of the minister's staff. In that speech she said: "It is important that the rights of accused persons to a fair trial before an impartial jury not be compromised by premature publicity of information which may or may not be relevant in admissible evidence".

The hon. member went on to say: "The rights of witnesses and victims also require protection from the needless public disclosure of personal information. A prohibition would be created to ensure that sensitive material disclosed to the accused for the purposes of making a full answer in defence is not made public for that purpose. This will serve to maintain the balance of interests between the right of the accused to a full answer in a

defence and the confidence the public needs to encourage co-operation in criminal investigations and prosecutions".

The member in her speech stressed that this provision would protect the rights of the witnesses and the victims from needless public disclosure of personal information.

If the member for London West agrees with the justice minister that these two amendments are necessary, that would mean she believes that without this provision in Bill C-42 the rights of witnesses and victims will not be protected because this is exactly what she implied in her speech. Will she come forward and back up the words she spoke in this House on October 4? Not in a million years.

The minister clearly liked the bill or he would not have endorsed it. Now he is endorsing a major change to the bill. Was he influenced by the Supreme Court, his colleagues in the Senate, or was it the backbenchers of the Liberal caucus? Will these groups be factors in other bills, say perhaps in Bill C-41 which is also raising its fair share of controversy?

We are in support of the amendments that have come back from the Senate. However, we are simply frustrated that there were not more changes to other important parts of the bill, namely the theft over clause. Reformers want a more open system of the courts and of government. Do the Liberals?

The public and the media have been screaming to open the courts for all to see and know. Perhaps it is for inquiring minds and perhaps it is for future safety. Reformers look at it for safety and the principle of general deterrence. That is why we recommended for the disclosure of names of young offenders, simply for the good of public safety.

Canadians apparently have been calling for a lift on publication bans and the Liberals listened for now. Good for them for listening. Canadians have definitely called in a louder voice for the names of young offenders to be released, but the Liberals' ears all of a sudden go deaf. Something is definitely wrong.

The minister can stand before this House today and say he is in support of the amendments which come from the Senate but look for future alterations to this same section of the Criminal Code. The minister has said he will try again with these limits. The Liberal member for London West clearly spelled it out in her speech: "Historically this bill and ones like it were introduced on a regular basis. However the last such bill was introduced in 1985. The Minister of Justice intends to return to the previous pattern. He anticipates bringing forward a second bill of this nature once Parliament has dealt with this one". Need I say more?

The chamber of sober second thought did not have enough second thought about what the public wants in view of the demarcation of theft over and theft under. Alternately, deleting clauses 61 and 62 leans toward more openness and disclosure in the courtroom. The top court of the land has said that freedom of the press and the public's right to know what goes on in court should be accorded equal weight with the constitutional right to a fair trial. The public must be vigilant for systems and bureaucracies have a tendency over time to become insular and self-serving, thereby more closed to its operations to not submit to public scrutiny.

We have heard from the other place. They apparently are awake over there. If however the system or this government has failed in respect to the measure of theft over and theft under in the definition, then I call on the government not to proclaim this specific section until broader public support can be demonstrated for it. It is my reading of the public mood that the theft over line is going in the wrong direction.

We are in support of the amendments that are before this House today dealing with Bill C-42. I think I have clearly gone on record to state the dissatisfaction we have with the performance of the Senate and the lack of amendments it produced.

Bill C-42 is a housekeeping bill. The minister is accepting a change from the other place. May he also heed what I am saying today for the Canadian public is also listening.

Violence Against Women December 6th, 1994

Mr. Speaker, the member gets a little emotional when he hears the truth.

Throughout the day certain statements were made and it is appropriate to provide a balancing alternate view without taking any of my words and twisting them to somehow diminish or demean the conflict and the social trouble we have out there and the level of violence which is unacceptable in our society.

Violence Against Women December 6th, 1994

Mr. Speaker, here is another fine example of what I talked about, why we are so adversarial in this House, where someone's words are willingly twisted.

If it is an issue of personal credibility, I spent my career of 22 years in the criminal justice system dealing with those people most in need and in time of crisis when in conflict with one another, be it an offender or an offended.

I spent all Saturday night riding with the local police in my riding, looking at the difficulty of conflict resolution and the kinds of things they have to deal with.

If we in this House are going to deal properly with the issues of the day, the various studies that are bantered around by members of this House and as was mentioned today by so many speakers, the StatsCanada study, then we must look carefully and make sure we read and draw the appropriate conclusions from those studies.

Violence Against Women December 6th, 1994

Mr. Speaker, I believe we are in a violent society. We must do everything we can within our own purview, within our own families, to make sure we do not act in a violent way. It begins in a small manner with even the frustration of being at a stoplight and thinking about the car next to you or the one that has cut you off.

I was trying to emphasize today that when we see statistics, let us make sure we have an accurate analysis of them so we can move forward resolutely with appropriate social policy.

Violence Against Women December 6th, 1994

Mr. Speaker, today I rise to commemorate the infamous day of December 6, 1989. The national horror is incomprehensible, for there are no simple answers, no easy inferences to be drawn. We have an atmosphere of our times which seems to reflect a violent society. It is seen that our crime rates reflect a national psychol-

ogy. At times listening to what is put forward as fact in the House reflects a mood that could kill the soul, for we are so adversarial both in the House and in the community.

As a former worker in the criminal justice system, I dealt too frequently with both the offender and the offended. Violence lessens us all in society. We as a society are all responsible for the permissiveness in general and our lack of courage as a community to denounce perpetrators.

I concur with what has been said in the House today but, with due respect for this day, we must also recognize community trends. In the past crime was far from being an equal opportunity employer between the sexes, but the gap appears to be closing. Although five men were charged with criminal offences last year for every woman charged, a decade ago the proportion was seven to one. A similar trend is apparent in the United States where statistics show that the male:female arrest ratio in 1992 had declined to just over four to one.

Nowhere is the change more pronounced than in violent crime. In 1981 the ratio of men to women charged with crimes in this category which runs the gamut from threatening violence to cold blooded murder was almost nine to one.

People who specialize in the study of crime say that statistics may also reflect a democratizing trend in the application of criminal justice. Maybe it is the end of chivalry. Studies have found differences in the way the criminal justice system historically has treated men and women. For instance, in the U.S. the death penalty has been much less likely to be imposed on a woman.

Another possible explanation is that women are more likely to be charged today because society's growing intolerance of violence means that more people in general are being charged with low level violent crimes such as threatening.

To the extent that women commit less serious violent crimes, there would be a bigger percentage increase. Statistics indicate that 62 per cent of women charged with violent offences involve assaults at the lowest level compared with 55 per cent of men charged.

The fascinating question then is whether women are in fact becoming more criminally active. It is possible the trend is now surfacing in the newer data since there have been indications that the gender gap in crime is closing faster for young women.

A definitive answer would require following the police around and seeing under what circumstances they lay charges. There has been an enormous amount of discretion in the criminal justice system that has tended to screen out charges against women at the street level.

We really do not know what it means until we start looking at specific categories of crime. Does this reflect a real increase in violence or in property crime, or does it reflect a difference in the way in which our legal system processes crime? It is probably a mix of the two: some real change in behaviour and some change about how we count the numbers.

It is important to look at the numbers because our beliefs and then perhaps our legislative responses are affected by what we think is true. The veracity of statistics is fundamental to our beliefs which then brings action.

On November 19 of last year the news media across Canada led with the shocking results of a major Statistics Canada survey. "Fifty per cent of women report assaults", read the headline. "Ground breaking StatsCan survey finds violence pervasive". The findings on wife assault were horrifying: 29 per cent of women who had ever been married reported being assaulted by a current or previous husband. That would mean a staggering 2.6 million Canadian women have been the victims of wife assault.

Other news sources reported the story in much the same way. Maclean's magazine quoted a woman who ``used to wake up with a knife at my throat. Maybe now people will believe it''.

Women's groups expressed outrage. Social services groups said the survey proved how endemic violence is in our society. A federal cabinet minister pledged to meet with women's groups to launch a national campaign to combat violence against women. Commentators, male and female, cited examples of the dangers that women routinely face in daily life. We have heard many of those sentiments today in the House, but I must give at least a murmur of dissent and provide balance so we may move forward more resolutely.

The national survey was delivered with all the credibility of StatsCan behind it. Officials billed it as the most comprehensive of its kind ever conducted in Canada. It cost $1.9 million. It included 12,300 women and, the clincher, its finding included only physical or sexual acts that could result in criminal charges.

No one in the mainstream media did a critical analysis of the StatsCan's findings or compared them with the most authoritative work on the subject undertaken in the United States.

Let us start with the Criminal Code. A StatsCan survey says:

Violence in this survey is defined as experiences of physical and sexual assault that are consistent with legal definitions of these offences and could be acted upon by a police officer.

This turns out to cast a very wide net indeed. It includes offences known in police jargon as level one. Examples could be a neighbour who yells a threat across the back fence or a stranger who makes a belligerent remark on the street. Any remark or

gesture perceived by the person on the receiving end as a threat can qualify as a level one offence.

The most common form of violence, the survey says, is wife assault. In calculating the rate of wife assault it classifies many domestic encounters as violent that most people would not. These include behaviours that do not involve physical contact such as threats and throwing things. Then comes minor contact: pushing, grabbing and shoving. The survey summary, which is as far as most reporters read, lumps all these things together with actions that anyone would agree are clearly violent: beating, hitting with an object, choking, sexual assault or using a knife or a gun to threaten or injure. Throwing a plate has the same weight as a knife attack.

How many women who are or have been married reported incidents that are clearly violent? The answers: 11 per cent say that they have been kicked or hit with a fist; 9 per cent say they have been beaten up; 7 per cent choked; 6 per cent hit with something; and 5 per cent threatened or attacked with a knife or a gun. Because multiple responses are allowed there is a heavy overlap among those answers. They also refer overwhelmingly to former, not current spouses.

StatsCan borrowed its questions on wife assault from extensive U.S. surveys conducted by Richard Gelles and Murray Straus for the National Institute of Mental Health. This work is regarded as a benchmark. Unlike the StatsCan survey, it breaks out the results in a way that distinguishes between minor violence, no injuries or little intimidation, and severe violence, kicking, hitting and worse.

Messrs. Gelles and Straus found that domestic violence, mostly grabbing, shoving and hitting, occurs 16 per cent in U.S. families and that between 3 and 4 per cent of women have suffered at least one act of severe violence by their partners.

Wife assault is a national problem and a deep social evil in Canada. We should do everything to stop it, but this does not afflict nearly one-third of Canadian wives as some news reports said, 29 per cent as StatsCan said, or 2.6 million women.

No one, neither the surveyors nor the media, that reported their conclusions had any intention of misleading the public. They were conscientiously doing their job of spotting and documenting social change. However, if they had drawn a more reasonable conclusion from the violence data-rates of spouse abuse probably have not changed much in the past 30 years and most wives with abusive husbands get a divorce-there would be no real headlines and not much justification for their existence.

Instead the sensational findings dug yet another deep trench between the sexes with their inescapable implication that not just tens of thousands but millions of Canadian men are domestic thugs. Do members of the House really believe this? I do not. Most men were socialized from childhood to defer to girls in play and boys hitting little girls is more severely denounced. That was the character of our social history.

Finally, if we do not have an accurate view of the problem, how can we hope to arrive at the best policies to address it? Surely we do not need to exaggerate the numbers in order to make the case that family violence and violence against anyone is a corrosive social ill?

Surely we do not need to induce national moral panic in order to get attention and action, but many women believe that we do and so they may be upset. Many women believe that the StatsCan survey captures some larger psychological truth about the myriad subtle ways in which women continue to be devalued in the world. The trouble is that there are many important things StatsCan just cannot measure, and it should not try.

We know that more women than men are responsible for child abuse. In domestic conflict more women than men are likely to resort to using a weapon against a spouse. The conclusion about what men or women are doing is not the point. The point is that there is just too much violence. We must all collectively share responsibility for the violence on TV, movies and magazines. The media reflects ratings of what sells. The media are not totally to blame, for they reflect the worst aspects of our society.

The Montreal tragedy, remembered today, will not be forgotten. We can find a vision of a new Canada where a rejection of violence both overt and implied is how we will live.

We must denounce violence and the excuses for it such as intoxication defences or freedom of expression in the performing arts and the mass media. We especially remember today the loved ones of the victims of violence. We must all commit to live to a higher standard where conflict resolution and frustrations are kept under self-control. We each must resolve to live a kinder and gentler life that makes pandering to violence uneconomic for its sellers.

We affirm the positive and resolve to pass on to our children a clear sense of values that preclude thoughts of violence. I have a vision of Canada that we can build, where we can live in peace, restore broken relationships, yet strongly defend our ideals.

Petitions November 28th, 1994

Mr. Speaker, in the second petition petitioners from B.C.'s lower mainland pray that Parliament ensure that the present provisions of the Criminal Code of Canada prohibiting assisted suicide be enforced vigorously and that Parliament make no changes in the law which would sanction or allow the aiding or abetting of suicide or active or passive euthanasia.