Sarmite Bulte

[Criminal Code, May 3rd, 2004]

Mr. Speaker, it is my pleasure today to speak in support of Bill C-29 and to encourage all members of the House to support these reforms following the proposed review by the appropriate parliamentary committee. The need for these reforms are known to the hon. members who have participated in the review by the Standing Committee on Justice and Human Rights on the mental disorder provisions of the Criminal Code.

The criminal law governing persons found not criminally responsible on account of mental disorder and those found unfit to stand trial is not well known and in fact, is often misunderstood. Some may think that a person who commits an offence and is found not criminally responsible gets away with the crime. Some may think that there are in fact no consequences. However the law governing persons found unfit and not criminally responsible on account of mental disorder does provide for consequences. Usually those include treatment and also supervision.

The Criminal Code contains a whole section, part XX.1, dedicated to mental disorder. This part includes the law and procedure governing persons found not criminally responsible on account of mental disorder and now are found unfit for trial. Part XX.1 is complex and in parts is very technical. However this part of the Criminal Code provides a regime that fairly and effectively provides for the supervision and treatment of a mentally disordered accused and for the protection of public safety.

For victims of crime, the criminal law and the criminal justice system is confusing, complex and often quite unwelcoming. Where the accused is found unfit to stand trial or not criminally responsible on account of mental disorder, victims of crime face additional impediments to achieving a resolution of the offence. Victims of crime desire and deserve information about the justice system and about the case in which they are personally involved.

Law reforms coupled with changes in policies and expansion of services have given victims a greater role in criminal proceedings. For example, amendments to the Criminal Code back in 1988 introduced the notion of a victim impact statement as a mechanism for victims of crime to describe the harm and loss suffered because of the crime. Publication bans to protect the identity of sexual assault victims were also enacted in 1988. Subsequent amendments to the Criminal Code over the last 15 years have enhanced the role of victims of crime while respecting the rights of accused persons.

In response to the 1998 report of the Standing Committee on Justice and Human Rights, “Victims' Rights--A Voice, Not a Veto”, the government enacted a package of reforms to the Criminal Code in 1999 to, among other things, ensure that victims were made aware of the opportunity to submit a victim impact statement; ensure that the safety of the victim was considered in judicial interim release decisions; fix the amount and clarify the automatic imposition of a victim surcharge; and allow judges a discretion to order a publication ban on the identity of any victim or witness where necessary for the proper administration of justice.

The 1999 amendments also provided for a victim impact statement to be prepared and submitted to the court or review board at a disposition hearing for an accused found not criminally responsible on account of mental disorder. The court or review board is required to consider the statement in determining the appropriate disposition or conditions of a disposition “to the extent the statement is relevant to its consideration as a criteria set out in section 672.54”.

The victim impact statement is provided for in subsection 672.5(14) which states:

A victim of the offence may prepare and file with the court or review board a written statement describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.

When an accused person is found not criminally responsible on account of mental disorder, the review board will decide how the accused is to be supervised. Victims of crime have been overlooked in many cases and receive little information about what will happen next, or whether they will have any role or access to any information.

The amendments included in Bill C-29 will enhance the role of victims of crime where the accused has been found not criminally responsible, but the new provisions for victims fully respect the differences between the laws that govern persons who are criminally responsible and convicted and those who are not criminally responsible.

The accused found not criminally responsible on account of mental disorder is not held accountable for his or her conduct. The appropriate disposition must take into account several factors, including the need to protect the public, the mental condition of the accused, and the reintegration of the accused into society.

The impact of the crime on the victim may be relevant to only some of the criteria. Where the court or review board is considering a conditional discharge, the victim's statement may be relevant to the crafting of particular conditions: for example, that the accused not contact the victim or that the accused not go certain places.

It should be noted again that the administration of justice is a matter of provincial responsibility. The provision of victims services as part of the administration of justice is also a matter of provincial responsibility. The provision of victim impact statement forms, assistance in preparing the statements, and the collection and submission of the statements to the Crown or the court are generally handled by the provinces' victims services programs, whether police based, court based or community based.

The standing committee recommended that courts or review boards conducting a review notify the victim where the victim has indicated interest in receiving such notification. It should be noted that after the initial disposition a review hearing would be held at least every 12 months. Review board administration varies from jurisdiction to jurisdiction and the capacity to advise victims as to the dates of review board hearings, locations, adjournments and outcomes will necessarily vary.

While similar provisions have been crafted to require a court conducting a disposition hearing pursuant to section 672.45, or a review board conducting a disposition hearing pursuant to section 672.47, to inquire of the Crown or the victim whether the victim has been advised of the opportunity to prepare a statement, other non-legislative initiatives are required to inform victims of crime about the provisions of the code which apply to them and about the relevant dates of proceedings, the terms of a disposition and other essential information.

In order to enhance the role of victims of crime, Bill C-29 includes the following provisions.

First, victims will be permitted to orally present their victim impact statement at the review board hearing. The statement would be prepared in advance and the victim could read it aloud or, in some cases, present it in another manner.

Second, following delivery of the verdict of not criminally responsible on account of mental disorder, the court or the review board chairperson must inquire whether the victim has been made aware that he or she indeed can submit a victim impact statement.

Third, the initial disposition hearing can be adjourned to permit the victim to prepare a victim impact statement if he or she so desires.

Finally, review boards will have new powers to impose a publication ban on the identity of victims and witnesses where such production is necessary for the proper administration of justice.

To the greatest extent possible, Bill C-29 includes provisions for victims which parallel Criminal Code provisions that apply where the accused is convicted and sentenced. The government places a high priority on addressing the concerns of victims of crime. The Bill C-29 amendments are a contribution of the evolution in our justice system that recognizes the role of the victims of crime.

I would also highlight the exceptional efforts of victims services agencies and both police based and court based services that are primarily provincial responsibilities. The Criminal Code cannot legislate all that is needed by victims. Provincial legislation governs services, and provinces are responsible for the administration of justice.

The standing committee, in its consideration of the mental disorder law, highlighted that victims of crime should receive notice of hearing dates, notices of disposition and information about the terms and conditions. There is no doubt that victims need all this information and even more.

Bill C-29 is a positive step for victims and that, I hope, will encourage our provincial counterparts to complement this legislation to address these information requirements.

In conclusion, I would encourage all hon. members to support Bill C-29. These amendments in fact provide greater protection for mentally disordered accused persons and, most important, a greater role for victims of crime in our society.

[National Poetry Month, April 29th, 2004]

Mr. Speaker, April is National Poetry Month. Established in 1999, the month is an opportunity for poets, publishers, educators and the general public to promote poetry in Canada, and Canadian poetry beyond our borders.

This April the League of Canadian Poets will celebrate its first ever baker's dozen, a list of 13 must-read Canadian poetry books made available to booksellers across the country as a guide to readers exploring Canadian poetry. The baker's dozen is meant as a starting place from which we promote Canadian poets and their poetry. It is important to the League of Canadian Poets to communicate the richness and depth of poetic talent in this country.

The League of Canadian Poets has also created youngpoets.ca, a website designed for young people and educators to help introduce poetry to Canadian youth in and out of the classroom.

Poets across the country will celebrate National Poetry Month's 2004 theme “Poets in our Communities” by reading in some unusual, community-inspired venues.

[Polish Community, April 28th, 2004]

Mr. Speaker, I rise today to commemorate a tragic episode during World War II that is very much alive in the memories of my constituents of Polish origin and the Polish communities throughout Canada: the murder of some 4,000 Polish officers, prisoners of war, in the former Soviet Gulag camps in the Katyn Forest.

Initially, during the Nuremberg trials, the Soviet government blamed the massacre on the Nazis. It took almost 50 years for the Soviets, under Gorbachev, to admit in 1989 that it was the work of the Stalin regime, allied with the Nazis.

With the help of the Canadian government, in 1980 a memorial to the massacred prisoners of war was erected in the heart of my riding. The annual commemoration gathers numerous veterans of Polish origin whose relatives and friends perished in Soviet camps.

The memories of the Katyn massacre serves as a living reminder of the importance of defending human rights wherever they are being violated. For the same reason, memories of Katyn strengthen our resolve to make human rights the cornerstone of our Canadian democracy.

[Immigration and Refugee Protection Act, April 27th, 2004]

Madam Speaker, it is a pleasure to rise today to speak to Bill C-436 which has been put forward by the member for Vancouver East.

The House should know that the member for Vancouver East has become quite a celebrity in my riding these days because she has been using her franking stamp to promote her leader throughout my riding. So it is wonderful now to not support this bill.

I am here, not as a current member of the Standing Committee on Citizenship and Immigration, but I did serve as a member on that committee last session.

I am pleased to talk about some of the ways the government is making it easier for Canadians to sponsor their loved ones from overseas. It is important that we set the record straight and not be misled, as I feel we have been by the previous speaker.

All of us understand the importance of strengthening families and the family reunification provisions that are found in the current Immigration and Refugee Protection Act. Families have been a cornerstone of Canadian immigration for many years and the government is committed to ensuring they represent a growing and vibrant component of our immigration program for the decades ahead.

I too am a first generation Canadian, as my parents immigrated to this country. Today, Canadian citizens and permanent residents living in Canada, who are 18 years of age or older, can sponsor close relatives or family members who want to become permanent residents. The list of those who can be sponsored from abroad is quite extensive. It was this government that increased the list of members. It includes: opposite or same sex partners; parents; grandparents; dependent children, including those who are adopted; as well as brothers; sisters; nephews; nieces; or grandchildren who are orphaned.

Canada's immigration and refugee protection regulations also allow Canadians and permanent residents to sponsor foreign nationals who are not members of the family class provided they have no family residing in Canada or who could otherwise be sponsored from abroad. The act also has a way for individuals to apply to sponsor a non-family class relative on humanitarian or compassionate grounds.

There are several avenues of sponsorship available to cover different individual circumstances or family arrangements. Many were introduced after extensive consultations with stakeholders across Canada as well as Canadians from every walk of life. All upheld the principles of fairness, integrity and balance.

Canadians have told us what they want. They want an immigration program that strikes an appropriate balance between economic and non-economic immigrants. They want a program that will help to spread the benefits of immigration across Canada. Most of all, they want a program that ensures that immigration will benefit the community where newcomers choose to settle as well as the immigrants themselves. This private member's bill under debate today deviates from all of these objectives, and therefore is not supportable.

The government is aiming to achieve its long term goal of reaching immigration levels equal to 1% of Canada's population. In order to do this we must have a balanced, sustainable and well managed plan. As immigration levels increase, so too will family class levels.

However, we have a duty and a responsibility to ensure this is done in a responsible manner after consulting with stakeholders, Canadians and local leaders. The vast majority of newcomers to Canada settle in cities. We, therefore, need to hear from them.

Bill C-436 runs counter to any consultative process by arbitrarily raising family class levels to indeterminable limits. It also runs counter to any principles of balance by leaving the term “relative” undefined. Under the provisions of this ill-conceived bill, the door would be wide open for nearly anyone to sponsor anyone else, regardless of their relationship to each other or whether they had even met.

Since the newly landed relatives could themselves sponsor any relative as soon as they qualified, the family class could potentially overwhelm the immigration program. This is clearly not in the best interests of all Canadians.

I think we can all appreciate the desire for some individuals to sponsor relatives from overseas who are not members of the family class. The current regulations make provision for this under certain circumstances.

All of us also support strong families and strong family class provisions in the Immigration and Refugee Protection Act and regulations. The government's track record is impressive in this regard and will continue to be so in the future.

As I have said time and again, we also have a responsibility to ensure the integrity and stability of the immigration program for future generations. The provision in this private member's bill under debate would violate this trust.

I, therefore, strongly support the government's overall direction and I am completely opposed to Bill C-436 or any special provision that would leave us open to such chaos and to such abuse.

[Copernicus Lodge, April 27th, 2004]

Mr. Speaker, on April 18, I participated in the opening ceremony of phase III of the long term care project at Copernicus Lodge.

Copernicus Lodge is recognized as a leading facility of senior citizens care in Ontario. Not only does it provide high standard health care but also it is an exemplary case of integrating senior citizens in the heart of a vibrant community.

This phase adds 228 new beds providing full nursing care for the senior citizens in my riding and throughout the Polish community in Toronto.

On that occasion I took the opportunity to congratulate the board of directors, the staff and the numerous volunteers whose continued support and involvement made this project happen. His Excellency, Cardinal Ambrozic, gave his blessings and announced that the Copernicus Lodge will be renamed the Pope John Paul II Care Centre of Copernicus Lodge.

We were glad to play a small part in supporting this project through CMHC.

[First Nations Fiscal and Statistical Management Act, April 26th, 2004]

Mr. Speaker, I rise to address the House at the report stage of Bill C-23, the first nations fiscal and statistical management act.

It is well known that many first nations support this bill, while there are indeed others who oppose it. While previously passing many resolutions in support for development of the institutions, the Assembly of First Nations voted last fall to withdraw its support. More recently, however, National Chief Phil Fontaine expressed a preference that the bill be optional so that legislation does not prevent other first nations from pursuing alternative approaches to economic development, sole source revenue and resource revenue sharing.

This government remains respectful of the democratic process within the AFN. We value the still considerable support for the bill among a large number of first nations and we remain steadfast in our belief that Bill C-23 is a valuable financial tool for those first nations who choose to benefit from its opportunities. We continue to support Bill C-23 on behalf of those many first nations who have worked long and hard toward its development.

Bill C-23 was led by first nations for interested first nations. Furthermore, Bill C-23, like all federal legislation, is developed in the context of the Constitution. Section 35 of the Constitution Act, 1982, provides substantial protection for aboriginal and treaty rights. Legislation, including Bill C-23, cannot lessen that protection.

We equally support the optional nature of the bill on behalf of those first nations who oppose it. Indeed, even in its opposition to the bill, the Assembly of First Nations does not deny the options under the bill that are open to those first nations that wish to exercise them.

First nations both for and against the bill continue to look toward the negotiation of claims and self-government agreements with Canada and, from these, new fiscal relationships. We must continue to work on those broader issues.

Bill C-23 flows from many years of work that began with Bill C-115, the 1988 amendment to the Indian Act. A first nation led amendment, Bill C-115, set out first nations authority to collect real property taxes on first nation lands. In fact, it corrected a situation whereby property tax revenues were flowing to neighbouring communities and no services were flowing back. Development funds were being lost.

Over the past 15 years, 98 first nations have exercised their property tax powers and more are developing laws to do so. More than $43 million is now generated annually, which is being used to deliver quality local services, support economic growth and improve the quality of life in first nation communities.

Since its creation in 1989, the Indian tax advisory board, a first nations board, has looked toward securing a legislative base by which to better advance first nation interests. Bill C-23 would do exactly that.

It would also address many of the issues first nations have faced in building their property tax systems and in working effectively with taxpayers, potential business partners and also investors.

Bill C-23 would also realize a dream of the First Nations Finance Authority Incorporated, known as FNFA Inc., which was incorporated in 1995. Its all first nation board has led the work to see first nations gain access for the first time to the bond market in order to secure affordable capital through Bill C-23.

Today first nations pay 30% to 50% more to finance capital works because they lack the legal and institutional framework by which to issue securities on the bond markets. The extraordinary transaction costs and time, and the crippling interest rates they must pay, are major barriers to economic, social and cultural development.

To remove these barriers, FNFA Inc. has lobbied the Government of Canada for many years for a legislated basis. Bill C-23 would allow first nations to issue investment grade securities. There is much interest in these securities on the part of the investment community, including the ethical funds.

The bill would provide first nations with modern tools of government already enjoyed by other governments in Canada. While the proposed financing authority would be fully independent from the Government of Canada, the other institutions, the proposed tax commission, financial management board and statistical institute would operate at arm's length.

This structure recognizes the continuing relationship between first nations and the Government of Canada and the need to work cooperatively on complex questions such as building a new fiscal relationship. The institutions would help interested first nations develop a more effective voice in these long term development issues.

The Prime Minister hosted an aboriginal round table on April 19 of this year, looking to speak to aboriginal leaders and discuss their concerns and formulate solutions. Assembly of First Nations National Chief Phil Fontaine, spoke to the press after this round table and laid out the critical elements of successful nation building and economic development, as cited in a study from Harvard University, including:

Capable governing institutions that exercise power effectively, responsibly, and reliably;

and Cultural Match, which means creating institutions that reflect First Nations values.

Leadership and strategic direction underlie all these principles...This means we must work out arrangements for resource-sharing and power-sharing.

Bill C-23 meets these guidelines and in fact epitomizes them.

Over the course of the bill's legislative history, we have heard first nations people speak both for and against the proposed first nations fiscal and statistical management act.

Many of those speaking against the bill also acknowledge that first nations are diverse in nature and do not seek to deny access to those first nations who see opportunity in Bill C-23. Some even have noted that their community might have an interest in Bill C-23 at some time in the future, particularly if their economic situation were to change through future negotiations or developmental activity.

First nations do indeed have diverse views. Bill C-23 would honour this diversity. Bill C-23 would allow each first nation to decide if and when it would make a law in order to exercise a power pursuant to the bill or would request a service from an institution. It would give first nations the choice to access a valuable tool, and the choice to realize their unique visions for developing their communities on a level playing field.

I support Bill C-23 and I hope to see my fellow members do the same thing.

[Women Entrepreneurs, April 26th, 2004]

Mr. Speaker, the government recognizes how vital women-owned businesses are to the Canadian economy. The fact is there are 821,000 women-owned businesses in Canada which contribute in excess of $18 billion every year to our economy, quite a significant sector of our economy.

The government has a proven track record in supporting the growth of small businesses. Our five year tax plan helps them retain more of their earnings and enhances opportunities and incentives for investors.

The report of the 2003 Liberal task force on women entrepreneurs contained recommendations that were in fact included in budget 2004: accelerated initiatives to provide more quality child care; working to update labour market programming to better reflect the realities of work in the 21st century; and announcing venture capital investment programs through the Business Development Bank of Canada and Farm Credit Canada, totalling $270 million.

The government is proud to help women business owners across Canada scale new heights.

[Music Industry, April 21st, 2004]

Mr. Speaker, I have been advised by members of Canada's music industry that the funding for FACTOR, the Foundation to Assist Canadian Talent on Records, will expire on March 31.

The expiration of this fund will affect every facet of Canada's music industry, but individual Canadian artists will be affected the most.

What will the government do to provide sustainable funding to FACTOR to ensure there remains a launch pad for tomorrow's Canadian recording stars?

[Badminton, April 21st, 2004]

Mr. Speaker, on Monday, April 12, 2004, I had the privilege of participating in the opening ceremonies of the 2004 Junior National Badminton Championships hosted by the Boulevard Club in my riding.

Keith Arthur, head coach at the club, and Stan Viezner, the tournament chair, hosted perhaps the most successful junior badminton tournament to date.

The theme for this year's tournament was “Playin' Proud” which reflects the individual efforts that all participants have made in dedication, commitment, discipline and fitness in order to compete at this level.

The week long event featured 217 of the best Canadian badminton players in the under 14 and under 16 age categories, representing eight different provinces.

There were 10 main events, with singles, doubles and mixed categories in each group. Ontario managed the top spot with six gold medals.

I wish to congratulate all those who participated in the under 14 and under 16 Junior National Badminton Championships.

[Arts and Culture, March 31st, 2004]

Mr. Speaker, I am pleased to inform the House that the Minister of Canadian Heritage has confirmed that the Government of Canada will continue to pursue its efforts in building the capacity of Canadian arts organizations through the renewal of the government's investment in arts and culture, known as “Tomorrow Starts Today”, in the new fiscal year. After just three years, we are seeing extremely positive results of this initiative.

Through this program, the government is awarding an amount exceeding $9 million this year to qualified arts organizations across the country, matching every dollar raised from the private sector and deposited into an endowment fund. In three years Canada will have invested more than $20 million for that purpose, which leveraged $26 million from the private sector.

Together we can ensure that the organizations that contribute so much to the cultural life of our communities have the means to continue to do so.