Crucial Fact

  • His favourite word was quebec.

Last in Parliament October 2000, as Bloc MP for Beauharnois—Salaberry (Québec)

Lost his last election, in 2000, with 42% of the vote.

Statements in the House

Extradition Act November 30th, 1998

Mr. Speaker, I too wish to urge the voters in my riding of Beauharnois—Salaberry, which encompasses the two Quebec electoral districts of Beauharnois—Huntingdon and Salaberry—Soulanges, to exercise their right to vote. This is a great day for democracy in Quebec. It will no doubt be a great day for us. It is important that everyone exercise this right, as it is recognized as one of the most fundamental rights under our charters and major international conventions.

I therefore hope the Quebec premier's wish for record participation in this public consultation, which will decide what comes next in the history of Quebec and Canada, will come true. Like my colleague from Hochelaga—Maisonneuve and my other colleagues in this place, I am confident.

I would also like to thank the hon. member for Hochelaga—Maisonneuve for getting me involved in the work of the justice and human rights committee and allowing me to participate in committee proceedings on Bill C-40 I am profoundly interested in. The bill concerns extradition, extradition treaties entered into by Canada and multilateral conventions allowing criminals to be extradited for the purpose of administering both national and international criminal law.

This has been a calm debate. Parliamentarians from other parties, as well as the Parliamentary Secretary to the Minister of Justice and legal experts of some repute from the Department of Justice and the Department of Foreign Affairs, who were on occasion able to provide the members with some appropriate information.

I would like to express my respect and admiration for Yvan Roy, a senior counsel at Justice, whose most worthwhile commentaries provided us with answers to many of our questions.

Sometimes, however, no answers were forthcoming or there was no follow-up on our proposals, even when we felt they would improve the bill and ensure that it could not be amended subsequently as the result of legal challenges or an event such as the passing of a treaty of Rome creating an international criminal court, which should have moved the committee members to give preference, as my colleague from Hochelaga—Maisonneuve has suggested, to having two distinct approaches to extradition. That is my first comment on Bill C-40.

In our opinion, it would have been preferable to make the extradition system in keeping with multilateral or bilateral extradition treaties, to create a system specific to this area, and to differentiate it from cases not involving extradition per se, but rather the handing over of persons accused of international crimes to ad hoc tribunals such as the international criminal tribunals for the former Yugoslavia or for Rwanda.

Soon, I hope, after 60 states have ratified the treaty of Rome instituting an international criminal tribunal, that tribunal will have to be added to the list of tribunals to which individuals can be handed over when there is a desire to bring them to trial for international crimes.

It would have been desirable in my opinion, as it was in the opinion of a number of the lawyers and criminal lawyers who appeared before the committee, to establish a separate scheme. Despite the amendments sought by the Reformers, the government wanted to continue to permit ministerial discretion in this matter. Ministerial discretion should have been limited in the case of international criminal tribunals. Under the bill as it stands, the minister retains the same discretion as in the case of a foreign country requesting extradition.

In our opinion, the bill would have been improved had the government agreed to create two separate schemes. What concerns us is that, in the future, the government may have to return to parliament in order to set up a separate scheme, something that might have been prevented had the bill been amended as the Bloc Quebecois wished.

The second point I wish to raise regarding the bill concerns the treaties, their publication and their tabling. During the deliberations of the standing committee, we argued vigorously in favour of having extradition treaties—bilateral or multilateral—not only published, as the bill provides, but tabled in parliament.

This is all the more appropriate, in our opinion, because the bill that C-40 is intended to replace provided for the tabling of extradition treaties before both Houses of Parliament. This obligation is eliminated by C-40, thereby reducing the minimal transparency of the government in the area of international treaties.

Since the beginning of this parliament, every time they were given the opportunity, the members of the Bloc Quebecois—at least those who sit on the Standing Committee on Foreign Affairs and International Trade—have asked the government to be more transparent on this issue, by agreeing to table before parliament not only treaties like the ones dealing with extradition and social security, but all treaties.

The government remains reluctant to adopt an approach which, as it happens, is the one used today by the parliaments of other Commonwealth countries, such as Australia and New Zealand, and even the British parliament, all of which have agreed over the past few years to become more transparent by systematically tabling treaties before parliament.

The Bloc Quebecois is calling for this practice of tabling treaties before parliament to be reviewed and extended to all treaties. We would also like parliament to be involved in the conclusion of treaties and to approve such treaties before they are signed, so that the elected representatives of the people can have a say on the contents of treaties negotiated by the executive branch.

The reticence of the government and its Minister of Foreign Affairs in this matter is obvious; in debates on the implementation of international conventions like the convention on the elimination of antipersonnel mines or the comprehensive nuclear test ban treaty, they refused to promise that parliament would be consulted so it could approve such treaties before they are signed or ratified.

The Bloc Quebecois brought this issue up again and got some small consolation when the committee chair agreed to write to the chair of the standing committee on foreign affairs and to the minister, to ask that a debate take place on this issue. That sort of opened the door, albeit too narrowly, since it is an issue that deserves a comprehensive review, to make Canada's foreign policy more democratic, as the government pledged to do, and to involve parliament in the signing of treaties, which increasingly affect the daily lives of the citizens.

My third point regarding this bill has to do with the death penalty, since the bill includes a provision, namely clause 44(2), which provides that the minister may refuse to make a surrender order if the person is punishable by death in the other country. This should have been compulsory, since one should be consistent with one's convictions.

If Canada does not believe in the death penalty and feels it is a practice equivalent to torture or to cruel, inhuman and degrading treatment, it should make it compulsory for the minister not to extradite an individual if that person may be punishable by death in the country requesting his or her extradition.

Discretion is granted to the minister in clause 44(2), but we would have liked to add, in clause 40(3), another reference to the death penalty, since this is a clause dealing with the minister's power to seek assurances from the state requesting the extradition of a person. Surprisingly, the committee and its members, with the exception of one government member, supported us and agreed that reference be made to capital punishment in clause 40.

Even though this amendment is not included, it must be noted that, in certain extradition treaties, including the one between Canada and the United States, the minister is required to seek such assurances. This treaty, which is something of a model extradition treaty for Canada, should have been fully reflected in paragraph 3 of clause 40.

The member for Hochelaga—Maisonneuve and myself cannot hide our disappointment that members voted against such an amendment, particularly as the Department of Justice officials and the parliamentary secretary seemed to have no objection to including such a reference to capital punishment in clause 40.

Fourth, I would point out, as did my colleague, the member for Hochelaga—Maisonneuve, that we were glad to have taken the initiative in extending the application of paragraph 44.(1)( b ) of Bill C-40, which sets out the reasons for which the Minister of Justice may refuse to make a surrender order. The original such list in Bill C-40 was based on the list in the UN's model treaty, which states are urged to examine when drawing up their own extradition treaties.

The list in this model treaty that was originally included in the bill was very incomplete, in our view. We tried to incorporate the grounds found in both the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, as well as the even more complete list of grounds in section 10 of Quebec's charter of rights and freedoms.

As a result of our initiative, the list was expanded to include language, colour and sexual orientation, with the government adding mental disability. The provision as it now stands is definitely more consistent with Canada's international obligations, and we are pleased that certain grounds have been added and that Quebec's charter served as an inspiration to federal law makers, which includes us until there is evidence to the contrary, in improving this clause.

These are constructive amendments brought forward by the Bloc Quebecois to a bill that has the advantage of modernizing two long forgotten extradition laws, Canada having neglected to modernize its extradition legislation until now.

This bill would probably please a former supreme court justice, who recently retired, Mr. Justice La Forest, who wrote some great books on extradition law, which he wanted to make clearer and more simple. His wishes have been fulfilled to a certain extent in Bill C-40.

I will conclude by reminding members that Canada could use this bill, as well as the existing legislation, to request the extradition of a dictator who is now in the hands of the British justice system. As members know, I am referring to Augusto Pinochet, the former general, now a senator, a person who is still considered a dictator by many people, a person who is allegedly responsible for over 4,000 deaths and an even greater number of disappearances in Chile.

This bill, as well as the existing legislation, authorizes Canada to request the extradition of Mr. Pinochet to Canada, as was done recently by Spain, France, Switzerland and Belgium.

Like my colleagues—and I think they support me in this initiative—I believe we must insist even more strongly that the Minister of Justice follow the lead of her counterparts from European countries and request the extradition of General Pinochet from Great Britain. We must continue to put pressure on that country's government so that Mr. Pinochet cannot escape justice and can be brought before a national tribunal, whether it be in Spain, Belgium, France, Switzerland or even Canada, to answer for the crimes against humanity of which so many Chileans accuse him. Canada is in a position to do so.

I have already asked three questions in the House on this issue. I have yet to get an answer either from the Minister of Justice or from the Minister of Foreign Affairs. An answer would be nice and before the British Minister of the Interior makes his decision, it would be useful if the Government of Canada, through the minister, were to follow up on a request made by a Canadian woman from Montreal, who was tortured, in 1973, as many others were, and suffered physical injuries that she has described in an affidavit that proves the extent of the crimes that were committed and that cannot go unpunished.

We should see that the system meets its goal, which is to ensure that no crime, whether at the international or at the national level, go unpunished.

Augusto Pinochet November 25th, 1998

Mr. Speaker, today the House of Lords decided that General Pinochet could be prosecuted for crimes against humanity and extradited to a third country.

Last week, the Minister of Justice indicated that she was initiating consultations on the matter.

Can the minister tell us today whether her decision has been reached and whether she intends to demand extradition of the dictator Pinochet to Canada, following the example of Spain, France, Switzerland and Belgium?

Un High Commissioner For Human Rights November 25th, 1998

Mr. Speaker, I would like to join with my colleagues in noting the visit of the UN High Commissioner for Human Rights, Mary Robinson.

The presence of the former President of Ireland is an honour to this parliament and it is important to recognize the true devotion of a woman who, having used her talents to serve her own country, is now using them to benefit the world at large.

The Bloc Quebecois notes the importance of the responsibility Mrs. Robinson has been given and assures her of its full backing. She can rely on the support of the Bloc Quebecois, which has never hesitated to denounce systematic and flagrant violations of human rights, wherever in the world they have been committed.

With the 50th anniversary of the Universal Declaration of Human Rights just days away, the Bloc Quebecois reiterates its support for the United Nations and for the High Commissioner for Human Rights in their fight, which is also our fight, for the freedom and dignity of the children, women and men of our planet.

Augusto Pinochet November 19th, 1998

Mr. Speaker, yesterday, the Minister of Foreign Affairs was obviously not aware of the request filed by a torture victim of the Pinochet government in 1973.

My question is for the Minister of Justice. Will the minister proceed with the request of this person, and will the government have the courage, like other governments, to bring charges against General Pinochet for crimes against humanity and to ask for his extradition?

Privilege November 19th, 1998

Madam Speaker, concerning this issue, the Bloc Quebecois also deplores the leak we were made aware this morning. Some people think this is a way of intimidating the foreign affairs committee so that it will refrain from making recommendations to bring about a foreign policy more attuned to our times.

This morning, we determined that we should support the chair of our committee, and all opposition party members felt it was necessary to make a statement in the House to insist on the independence of the foreign affairs committee and its members, and on the independence of parliament in this matter.

We think that this statement will clarify the situation, and help prevent further intrusion in a process that has been confidential up to now and should have remained so. If there was a breach, it would appear that some people want to use the process to—

Augusto Pinochet November 18th, 1998

Mr. Speaker, Augusto Pinochet, the former Chilean dictator, has been accused of crimes against humanity by Spanish courts and is today being held in a London hospital awaiting a verdict on his release or extradition.

My question is for the Minister of Foreign Affairs. If the government considers that human rights are more than just rhetoric, and given the request by a Canadian torture victim, is the government prepared to support the request to charge General Pinochet with crimes against humanity and seek his extradition to Canada?

Tobacco Act November 16th, 1998

Mr. Speaker, I am pleased to speak this afternoon on behalf of the Bloc Quebecois in the debate made necessary by the amendment introduced by our colleague from the New Democratic Party, the hon. member for Winnipeg North Centre.

I am even more pleased because my riding—the people of which I take this opportunity to greet—is the home not only of well organized anti-tobacco groups raising awareness in the schools about the dangers of smoking, but also of the organizers of major sporting events, like the Valleyfield Regatta, which the Bloc Quebecois has always wanted to see protected to some extent, at least for a transition period to be included in any anti-tobacco legislation.

The amendment proposed by the New Democratic Party reads as follows:

That Bill C-42, in Clause 2, be amended by replacing lines 27 and 28 on page 1 with the following:

“peared on the facility on June 3, 1998”.

The purpose of this amendment is to reduce the grace period during which permanent facilities already using a name referring to a tobacco company may retain it until the total ban scheduled for the year 2003.

It will be recalled, moreover, that the current Tobacco Act allows a tobacco product-related brand element or the name of a manufacturer to be used on such facilities.

Bill C-42 goes much further than the present legislation in a number of aspects. For example, clause 2 prohibits the use of a tobacco product-related brand element or the name of a tobacco manufacturer on promotional material, whether the promotion is of an individual, an entity, an event, an activity or a permanent facility.

This clause will take full effect, under the current bill, in October 2003. In the meantime, Bill C-42 provides that permanent facilities already using a name containing a reference to tobacco companies can keep it, on condition that the name be in use when Bill C-42 is passed. This is where the amendment under consideration comes in.

In order to benefit from the grace period, permanent facilities should already be using the reference to tobacco companies, not when Bill C-42 takes effect, as provided, but in fact when it was tabled for first reading—on June 3.

The amendment would therefore reduce the grandfathering period for permanent facilities by a little less than six months.

Overall, Bill C-42 delays the implementation of certain sections of the Tobacco Act, Bill C-71, concerning tobacco sponsorships. So the amendments introduce a two-year moratorium on the restrictions governing sponsorships by tobacco companies until October 2000.

From the third to the fifth year, the restrictions will apply as initially provided in Bill C-71, that is to say, the name of the company may appear on only 10% or less of the advertising poster. A total sponsorship ban will come into effect on October 1, 2003.

This initiative was in response to a request from the Bloc Quebecois and promoters of sports and cultural events, asking that these organizers be given some time to find new sources of financing.

The measures affecting sponsorship were going to have very serious consequences on sports and cultural events. This is why the Bloc Quebecois called on the Minister of Health and the Minister of Canadian Heritage to provide for financial compensation and to act like politicians responsible for their actions.

However, the minister at the time, David Dingwall, failed to assume his responsibilities and refused categorically to follow up on all such requests from the Bloc and from witnesses.

Bill C-42 is thus a little more realistic—as was strongly suggested—in its approach to sponsorships, while being significantly more rigid on other issues, including the use of a manufacturer's name on permanent facilities.

However, the fight against smoking is a long term battle and the Quebec government—as the Reform Party member pointed out—also got involved by adopting legislation that is among the most progressive in the world.

One wonders whether the amendment before us, which shortens the timeframe by a few months, can make a difference. The Bloc Quebecois doubts it will. Bill C-42 must be taken as a whole. The fight against smoking is one that must be waged by all of society. A habit that has been around for many generations will not be easily changed.

However, thanks to Bill C-42 and to the Quebec legislation on tobacco, authorities will now have better weapons against the serious public health problem that smoking represents.

Canadian Passport November 6th, 1998

Mr. Speaker, yesterday, the Minister of Foreign Affairs did not really answer my question about the supply of security paper for Canadian passports. I would appreciate a clearer response today.

Why is the Department of Foreign Affairs passport office preventing the Spexel company of Beauharnois from bidding on the contract for this paper and why does it prefer to seek out French or British companies to supply this security paper?

Canadian Passport November 5th, 1998

Mr. Speaker, the new incident involving passports shows there is a problem controlling the circulation of Canadian passports, but not necessarily a problem of passport security per se. The minister says this is the most secure passport in the world.

If the passport is so safe, why is the Minister of Foreign Affairs preparing to take away the contract of the Spexel company in Beauharnois to supply security paper in favour of foreign countries?

Personal Information And Electronic Documents Act November 2nd, 1998

Mr. Speaker, I am pleased to again intervene on behalf of the Bloc Quebecois on Bill C-54, the Personal Information and Electronic Documents Act.

Right at the start, the Bloc Quebecois had to remind this House that, when it comes to protecting personal information, Quebec's law has for some time been unique in North America.

Quebec had a law protecting privacy in the public sector as far back as 1982. The federal government and the provinces later enacted similar legislation. In 1994, long before the federal government had envisaged doing so, the Quebec law extended the protection of personal information to the private sector. Once again, Quebec was the first jurisdiction in North America to do so.

Quebec's privacy laws were adopted to ensure respect for major fundamental rights provided in international instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which guarantee the right to privacy.

These international instruments were reflected in the Quebec Charter of Human Rights and Freedoms, which was enacted in 1975, and which was in fact the first law dealing with the right to privacy.

I remind this House that section 5 of the Quebec charter, enacted in 1975, provides that “Every person has a right to respect for his private life”. This implies of course that governments must pass laws to protect this right, including against any misuse of personal information.

The Quebec act respecting the protection of personal information in the private sector is rather similar to the directive from the European Union on this issue, which is also a leading-edge document. This means that Quebec and the European Union are the jurisdictions that are most respectful of the right to privacy when it comes to the protection of personal information.

As for Bill C-54, which is now before us, it is in response to numerous commitments made by the government to enact a federal law to protect personal information in the private sector, which comes under federal jurisdiction.

However, the title itself shows a will to reduce the level of protection that the legislation should provide, since it reads an act “to support and promote electronic commerce”. This means it is first and foremost an act to promote electronic commerce. Then comes “by protecting personal information that is collected, used or disclosed in certain circumstances” only “by providing for the use of electronic means to communicate or record information or transactions”.

Indeed, the title already tells us about the limits which the government wants to impose on the protection of personal information that may be used or collected by the private sector.

So, this bill is not an act to protect personal information but rather an act to manage the use of personal information in the sole area of commercial activities. Unfortunately, Bill C-54 is another bill whose core is to be found in a schedule and one that restates guidelines originally developed at the OECD and embraced by standards organizations in Canada. This is a bill whose schedule, which is its heart, its core, is written in the conditional.

One has to take a close look at this bill and its schedule to notice that the so-called requirements are in fact written in the conditional, which means that for all intents and purposes theses requirements are really only suggestions or recommendations being made to those who hold personal information and should ensure its best use.

In fact, in considering the bill, under paragraph 5(2), every government institution is required to specify the identified purposes to the individual from whom personal information is collected, but subparagraph 4.2.3 of the schedule states, and I draw members' attention to the use of the conditional here, that the identified purpose should be specified at or before the time of collection to the individual from whom the personal information is collected.

Two subparagraphs further, subparagraph 4.2.5 of the schedule states—and again I draw members' attention to the use of the conditional—that persons collecting personal information should be able to explain to individuals the purposes for which the information is being collected.

So, it would seem that the purpose of Bill-54 is, through watered down obligations written in the conditional, to promote electronic commerce by making the right to privacy in the private sector a secondary consideration. Worse yet, the Bloc Quebecois believes that, in some instances, this bill will restrict the rights Quebeckers currently have under legislation passed by the Quebec national assembly.

Under section 17 of Quebec's protection of personal information legislation, an Eaton employee in Montreal is entitled to see his personal file, even if it is kept in Toronto. However, with Bill C-54, he would not necessarily be able to view his file, because his request would be subject to legislation that ignores the right to privacy when the access to information request is made under labour relations provisions and is not of a commercial nature.

One of the weaknesses of this bill, and we have pointed this out in the last few days, is that clause 27(2)(b) gives the Governor in Council excessive powers that should never be given to a government and that should be spelled out in the bill if there is really to be any respect for the fundamental right to privacy.

The bill relies on the voluntary CSA code. This code is mentioned in the preamble to the schedule. But those with primary responsibility for protection of personal information were not impressed.

We gave an example that is worth repeating today. The access to information commissioners for Quebec and for British Columbia were quite critical of this code and argued that it did not go far enough and did not provide optimal protection.

In his 1997-98 annual report, the Quebec access to information commissioner said that going along with this proposal, the CSA standard, would be a step backward from the current situation in Quebec as far as protection of personal information is concerned. The British Columbia commissioner made similar comments.

In conclusion, the Bloc Quebecois feels that Bill C-54 makes this a long and complex procedure that will do nothing to protect the legislation—