Crucial Fact

  • His favourite word was justice.

Last in Parliament October 2000, as NDP MP for Sydney—Victoria (Nova Scotia)

Lost his last election, in 2006, with 33% of the vote.

Statements in the House

Supply October 20th, 1998

Madam Speaker, I should indicate at the outset that I will be sharing my time with the hon. member for Vancouver East. I would appreciate some signal from you and I expect I will get it when my time is almost up.

I am pleased to speak on behalf of the motion that my party has introduced into the House of Commons today. It is an important motion. I think it is a simply worded motion. It is one that has no ambiguity; it is one that is clear and direct. I will read it so that those listening to this debate and reading the transcript of it later will know exactly what we are asking of the government and all members of the House of Commons today:

That this House urges the government to agree to the request of the RCMP Public Complaints Commission—

It is not our request, not the students' request, but is the request of the RCMP Public Complaints Commission.

—inquiring into incidents at the Vancouver APEC summit that the government provide separate funded legal representation for the complainants in the inquiry.

I rise to speak to the motion, having addressed this issue some time ago. As my colleagues who have spoken to this motion have noted, the day this House resumed sitting after the summer recess, my colleagues and myself at a press conference asked the government to set up a judicial inquiry to look into the role of the Prime Minister's office in the security arrangements at APEC. The Prime Minister and the solicitor general have ignored this request and they have continued to say let the public complaints commission do its work.

In the absence of a forum of a judicial inquiry, we are asking today that the public complaints commission's own request be acceded to by the government and that funding be provided for those students to at least level the playing field.

Like many of the members in this House who have spoken to this issue, I come from a legal background. I am a lawyer. I spent many years in Nova Scotia as a legal aid lawyer representing the very people, many of them students, who did not have the resources to go before public boards, public inquiries or courts without legal representation. I can unequivocally say that when one side is represented in a hearing and the other side is not, there is not a level playing field.

That is why the public complaints commission has asked for the students to have funding for legal counsel. It is not just to level the playing field, it also makes the whole process operate more smoothly. There are not questions of evidence that are not understood by one party. There can be agreements negotiated when everybody knows the rules so that the lawyers for one side and the lawyers for the other knowing the ruling can come together and simplify the process to get to the truth faster. That does not happen when there is only legal counsel for one side.

It is unfair to those people who are going before the commission unrepresented to ask them to understand all of the nuances, all of the rules that occur at a public complaints commission hearing or indeed at any other hearing.

I mentioned today in one of my questions, how many of us as members of parliament have had to help our constituents when they have had to appear before Canada pension plan disability hearings. Try to explain to a person uneducated in the law what it means to present yourself at a tribunal, what it means to understand the rules of evidence, what it means to cross-examine someone. It is unfair because they do not understand it.

Some have said that this has not happened before, that the public complaints commission has not had a history of funding counsel for those who lay a complaint. This is true. But this is an extraordinary hearing. This is not a normal everyday run of the mill complaint against the RCMP. The reason it is not has nothing to do with the students' complaints. It has to do with information that has come before the commission which has made it broaden its scope because there is evidence—and I am not making unfounded accusations, I am simply stating the facts—that leads to the very highest corridors of power in this country.

There is evidence that suggests the involvement of the Prime Minister's office and perhaps of the Prime Minister himself in the security arrangements at APEC. I am not prejudging it. I am saying that takes this inquiry out of the normal run of the mill inquiry and raises the threshold. Therefore the procedural fairness has to be beyond question if Canadians are to have any faith in the final outcome of the commission's hearing.

These are extraordinary hearings. It is not right to say we may be setting a precedent, that if we fund these students we will have to fund every other group that comes before the public complaints commission. Maybe we will, if in every single instance it indicates that the Prime Minister's office is involved. However I think we can say with some safety and some rational thought that we are now beyond the normal scope of the public complaints commission and what it usually deals with.

The pointing of fingers to the most influential people in this country has raised the threshold. Yet despite repeated requests by the commission and despite the Federal Court of Canada suggesting the students should have independent counsel, we meet with refusal after refusal after refusal by the solicitor general and his government to provide the funding that is necessary to level the playing field.

There are those who say that there are more important issues. The Prime Minister alluded to this in answering questions the week before last. They ask why the opposition is focusing on this public complaints commission. They say we should let the commission move on and do its work while we talk about something else.

There are many important issues in this country, not the least of which are economic issues. I come from an area of the country that has huge unemployment problems. However, I say on behalf of all Canadians that nothing is more precious in this country than our rights and our freedoms. When those are lost, when there is no justice, then all else crumbles. Justice is the foundation of a civil society. Without it there is anarchy.

The Prime Minister smiles, jokes and says that there are other issues. I say in reply that one may smile and smile and still be a villain. Canadians know, we in this party know and we ask this House to consider how important those civil liberties are. When they are infringed upon, the process of determining the truth is as important as what the findings themselves are.

I said in this House in my last question to the solicitor general before the House adjourned that justice must not only be done, it must be seen to be done if Canadians are to have faith that the answer is a true one. Without a level playing field, without Canadians knowing that these students have had fair representation, the same representation as the government and the RCMP, the findings of that commission will be suspect whether or not they should be.

Justice must not only be done, it must be seen to be done. The price of freedom is eternal vigilance. We in this party and those who have spoken in favour of this motion understand that we must be vigilant in guarding not only the rights of Canadians but also the process of ensuring that those rights are guarded in a fair and decent way.

I spent the morning reading some papers and about how the late Justice Dickson had the courage to interpret the charter of rights. The courage to look after our rights is something we have pride in. The students at APEC who are challenging the police have that courage.

The question on this vote will be whether the members opposite have the courage to protect the rights of Canadians in the same way the students before this inquiry have and the same way the veterans who fought for those rights have. I ask everyone who watches or listens to this program to watch the way their member of parliament votes tonight on the very important issue of Canadian civil liberties.

Supply October 20th, 1998

Madam Speaker, I have listened with some interest to the hon. member. I think the comments he makes about the police in this country are important.

I agree with him that the job of the police and the RCMP is difficult. They have to exercise great care in making difficult judgments. Clearly the RCMP are answerable to Canadians through things such as the public complaints commission. If Canadians do not have faith in the process of this commission because there is not a level playing field or even if that perception is there—and I think the evidence in this debate is that it is—even if the process exonerates the members of the RCMP, is it not then unfair to those members of the RCMP to have them come out of a public inquiry that already appears to be tainted?

Would it not go further to help the interests of those police members if the students were given independent legal counsel so that if the public complaints commission found that there was no wrongdoing, then that finding may well be beyond reproach? However, to leave it on an unlevel playing field as it currently is will surely prejudice any outcome, thereby harming the RCMP members themselves.

Supply October 20th, 1998

Mr. Speaker, I listened with great interest to the member. I have two questions which are fairly straightforward, things he ought to be able to answer.

He says he just wants to have the public complaints commission do its job. The public complaints commission has instructed its counsel to request from the solicitor general funds for legal representation for the students.

Would the member encourage the solicitor general to do that in allowing the commission to get on with its job? If his answer to that is no, he has gone on to say that this is not a judicial inquiry or a court room, they are not before a judge and they do not need lawyers. If that is the logic I ask him if he would instruct his caucus colleagues to suggest that the government withdraw its own lawyers and answer the question why they need them if the students do not.

Supply October 20th, 1998

Mr. Speaker, I rise to ask a question of the hon. member for Pictou—Antigonish—Guysborough. For the most part I concur with his comments.

Another member asked whether it was only with the presence of lawyers that we could have some kind of justice, at which point my response was to have the government pull its own lawyers from the commission. Then, with the RCMP lawyers gone as well, we would have a level playing field.

I direct a question to the hon. member for Pictou—Antigonish—Guysborough who is a lawyer, as I am, as was my hon. colleague from the Bloc Quebecois who spoke earlier. Would he agree that my experience reflects his in the courtroom, that people who are not represented, whether it is in court or before a quasi-judicial body, are often at a great disadvantage? They do not understand the rules of evidence. They do not understand the maxims that often apply to administrative tribunals.

Most members in the House have dealt with constituents who were trying to get Canada pension plan disability payments and have had to deal with social assistance boards. Would he indicate that his experience is like mine and reflects the inability of people to understand the process without legal counsel?

Apec Summit October 7th, 1998

Mr. Speaker, there is a well known maxim in the law. I know it. The Minister of Justice knows it. The solicitor general knows it. The Prime Minister knows it. Justice must not only be done; it must be seen to be done.

The public complaints commission investigating APEC is now mired in controversy as a result of the revelations and the inaction of the government on this issue. In the name of justice will the Prime Minister not now do what I asked him to do three weeks ago and set up an independent judicial inquiry to get to the bottom of this issue?

Police And Peace Officers September 28th, 1998

Mr. Speaker, I rise today on behalf of the NDP and all Canadians to enthusiastically support the creation of a national memorial day for police and peace officers to occur the last Sunday of September of each year. This has been long overdue.

This will formalize a tradition observed for over two decades. It is clear that the families and colleagues of fallen officers count on all of us to pay tribute to the memories of police officers who are no longer with us. It is a time when we all pause to reflect on the contribution that police and peace officers make to our society and to honour their sacrifice.

A formal national memorial day will serve Canadians well and remind us that our safety often comes at the great sacrifice made by our peace officers. We are all indebted to police and peace officers for their hard work and sacrifice. They have paid with their lives for their dedication to their communities. They and their families deserve our gratitude and recognition.

Sydney Tar Ponds September 24th, 1998

Mr. Speaker, it is with both anger and sadness I address this House today.

A study released in Sydney found that the cancer rates there were 16% higher than the national average and that numerous other serious diseases and health problems are alarmingly high. These results, shocking as they are, come as no surprise to the people of my community. We have lived with them for a generation.

The people of Cape Breton mined the coal and made the steel that built the railways that brought this nation together. Steel from Sydney helped Canada and our allies in the second world war and the first world war.

The people of my riding have paid a terrible price for their nation. They have sacrificed both their lives and their health.

In return we are asking that this government take real and immediate action and commit to the funding needed to clean up the Sydney tar ponds before another generation of Cape Bretoners suffers the same fate as the last. I ask this not only as a representative of my people but as a Canadian.

Apec Summit September 23rd, 1998

Mr. Speaker, yesterday and again today the Prime Minister said students with complaints against the RCMP would have an opportunity to present their views to the public complaints commission.

My question is for the solicitor general, and he should be able to answer this one. Why was funding for legal counsel to the students denied even after the federal court indicated funding would be essential to assist the students in presenting their case?

How can they tell their story, or is this something else the solicitor general just will not have?

Supply September 22nd, 1998

Mr. Speaker, there were many questions but I will answer the first question first and then in the order in which they came.

The question was, do I think the $60 million might be put to better use. I suppose it depends on one's perspective. In the last session of this House before I was a member of parliament there was a great deal of talk and discussion in Cape Breton, where we have a staggering rate of unemployment, that the gun control registration centre would be placed in my riding creating upwards of 100 jobs. That was a pretty enticing argument.

I suppose from the perspective of a member of parliament who might possibly have some of his constituents put to work in a gun registration centre in an area of high unemployment it is not too much money. On the other hand if it is going to stay here in Ottawa, maybe that changes my perspective a little bit and I do not think it is going to be located in Cape Breton.

Could the money be put to better use? There is no shortage of money in this country—

Supply September 22nd, 1998

Mr. Speaker, I thank the hon. member for his comments. They are enlightening to me as a member who has been in this House for a year.

One of the things I am going to reflect on and honestly one of the things I have learned here is that sometimes amendments are put forward in good spirit and sometimes they are put forward for purely political purposes to filibuster. I am learning that. It is one of the things that I am learning about perhaps the darker side of the rules in parliament.

When the member asks me whether that was stonewalling or whether it was a poor attempt to govern, I do not know what those amendments were in fairness. I do not know what they reflected. More than 200 certainly means that they were doing their job I suppose. They were reviewed by the justice committee. My experience on that committee to date has been that oftentimes parties seize on a particular issue and will sometimes play politics with it. Sadly, I was not here but I thank the hon. member for his history lesson. I unfortunately cannot determine whether or not those amendments were in good faith or not.

I heard the Parliamentary Secretary to the Minister of Justice speak earlier. She indicated that during that debate all kinds of amendments were accepted. I do not know how many must have been put forward to the government. Some were accepted. Obviously 200 were rejected. It does not sound to me like the best way to do business though.