Allan Rock

[Criminal Code, March 9th, 1994]

Mr. Speaker, in the period during which I will consider the question I want to examine first of all whether there have been investigations and prosecutions under the present section for the kind of misconduct referred to.

I want to consider whether it is worth the expense and time of the House to pass yet another section of the code when we already have sections in the code that prohibit the misconduct.

I want to consider whether we have laws on the books already which, if properly enforced, will achieve the objective the hon. member refers to without adding laws to the code that may not be necessary.

[Criminal Code, March 9th, 1994]

Mr. Speaker, I recall neither having been embarrassed nor flustered at the question yesterday. I felt I answered it in a direct and straightforward way.

What I emphasized in the response yesterday and what I wish to make clear today is that it is the advice of my own department and it is my own view that the present provisions of the Criminal Code are quite sufficient to render criminal any assault which involves the mutilation of female genitals.

I made it clear yesterday that there is no cultural pretence which can excuse that misconduct in this country. I also made it clear yesterday that we will not tolerate it and that we wish to make clear to anyone who comes to this country that it will not be tolerated.

In order to demonstrate my open mind on the question and in deference to the questioner of yesterday, what I said was that I am prepared to consider whether an additional and specific provision should be added to the code by amendment to identify this specific form of assault and to outlaw it.

I gave the hon. member my assurance that I would spend a month considering the question and would be happy to let her know at the end of that period.

[Status Of Women, March 8th, 1994]

Madam Speaker, I do not think the answer lies in attaching specific numerical or mathematical quotas in terms of the appointment of judges and I do not propose to approach it from that perspective.

I give the House my assurance that gender equality and representativeness are important considerations that will be brought to bear every time we make recommendations to cabinet. May I invite the hon. member's attention to the appointments made by the government to date. May I ask her to observe that fully half of those appointed since we took office are women.

[Status Of Women, March 8th, 1994]

Madam Speaker, the question that has been raised is important.

We are not going to preserve and maintain the confidence of the public in the system of justice and the judiciary unless we have a bench that is representative of Canada not only with respect to gender but also with respect to the diversity of Canada's society.

As the minister in this government responsible primarily for bringing forward recommendations to cabinet for judicial appointment, I shall make it my business to ensure that we bear in mind the need for gender balance as well as the reflection of diversity on the bench in Canada.

It is true to say that there are not enough women judges in the federal courts today and that perhaps reflects the appointment practices in the past. So far as this government is concerned we are going to bear in mind the need for gender equality as well as representativeness generally in appointing judges to the federal bench.

[Divorce Act, March 8th, 1994]

Madam Speaker, I will be happy to add that to the matters under consideration. Again I will let the hon. member know what it is we discuss with our colleagues at the provincial level.

[Divorce Act, March 8th, 1994]

Madam Speaker, let me first express my gratitude to the hon. member for Mission-Coquitlam for her consideration in furnishing advance notice of the question.

I acknowledge the importance of the subject matter. Sadly, given the incidence of dysfunctional families in this country today it is often the grandparents who are the principal source of stable and continuous guidance and care for children. That must be recognized.

Last year the Department of Justice initiated a broad process of consultation concerning the custody and access provisions in the Divorce Act. That process ended on December 31 by which time we had received hundreds of submissions. Among them were submissions that went directly to the point raised by the hon. member. We are now in the process of examining those submissions.

There will be a federal-provincial-territorial meeting with attorneys general and ministers of justice from the provinces toward the end of March. This subject is on the agenda. We will give it consideration. I am certainly open to the suggestion. I will keep the hon. member abreast of the developments in respect of the issues she has raised.

[Status Of Women, March 8th, 1994]

Madam Speaker, it is the advice of the Department of Justice and indeed my own initial view that the present sections of the code are sufficient to prohibit the conduct described and to render it criminal activity.

I agree with the hon. Secretary of State for Multiculturalism and the Status of Women that our focus should perhaps be on education and proactive steps to alert health care professionals and others who see evidence of this conduct so that it is brought to light, investigated, punished and thereby prevented.

May I say that in view of the statistics presented by the council in its report released today and in view of the case that it makes for a specific prohibition in the code, I am happy to take a fresh look at the question. England has a specific prohibition against such practices. I shall look at it afresh with the Department of Justice.

I will be happy to let the hon. member know within the month what position we take concerning the suggestion she has made.

[Justice, February 24th, 1994]

Again, Mr. Speaker, without referring to the Martensville case itself, would you permit me to express to the hon. member the confidence that I have in the effectiveness and the responsiveness of the criminal justice system to deal with these hateful crimes of child sexual abuse.

The fact is they do present extraordinary challenges in terms of the police investigations, the prosecutions, and for the judges and juries who must decide them.

There have been changes in the criminal law in recent years, including bills that have made it easier for victims of alleged crimes to testify, to have attendance with parents or friends in the courtroom, and to use screens so they need not confront the alleged attacker. May I remind the hon. member as well of the steps we outlined in our platform document that we intend to take to deal with this issue, including the creation of a national register of child abusers.

I am confident in the present system. This government has plans to improve it further so that we can deal with this very difficult and hateful crime in an effective way.

[Justice, February 24th, 1994]

Mr. Speaker, I should first thank the hon. member for his consideration in giving me advance notice of the question.

At least part of that case is still before the courts. Anything I say ought not to be taken as a comment on the case but I am happy to speak to the subject generally.

As the hon. member implicitly recognized in his question, the issue whether there ought to be an inquiry is a provincial matter. I have no doubt about commitment of Attorney General Robert Mitchell of Saskatchewan to the integrity of the administration of justice in his province.

I have every confidence that he will confront the decision whether to order an inquiry in accordance with appropriate factors but it really is a matter for the attorney general of that province to deal with.

[Income Tax Act, February 23rd, 1994]

moved for leave to introduce Bill C-15, an act to revise certain income tax law amendments in terms of the revised Income Tax Act and Income Tax Application Rules.

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