Madam Speaker, I was not present during last week's debate on Bill C-61. It is my friend and colleague, the member for the riding of Lotbinière next to mine, who participated in the debate in this House on the official opposition's amendments to Bill C-61.
As you know full well, I had to work hard in my riding of Frontenac to campaign against my colleague who sits on the opposition benches in the National Assembly in order to obtain a yes majority in that riding. I take this opportunity to thank my constituents for supporting the option of sovereignty with partnership.
I, however, read these proceedings carefully and I must say I am surprised by the government members' frivolous comments on our amendments. Nevertheless, the Bloc Quebecois feels that Bill C-61 will allow the Department of Agriculture and Agri-Food to meet several of its objectives, in particular relieving pressure on the courts and the resulting savings for taxpayers. In this regard, the
Bloc Quebecois agrees with the principle of administrative monetary penalties.
We, however, cannot support the bill as tabled by the government for a very simple reason, namely that the federal Department of Transport implemented a system of monetary penalties without allowing offenders to negotiate these penalties with the department. We in the official opposition see this opportunity to negotiate penalties as the Achilles heel of the bill. Yet, the federal department of agriculture did not consider the amendments put forward by the Bloc Quebecois and continues to support the principle of penalty negotiation.
That is why the Bloc Quebecois thinks that this bill could have a major impact on the way justice is served.
The judicial power differs from the legislative one. Here, in the House of Commons, we can discuss, improve, analyze and review bills, but when it comes to implementing them, the judicial system takes over. In a self-respecting society, the judicial system must never have a close and direct link with the legislative power. Otherwise, what kind of society would we be living in? Does the government seek to have a totalitarian society in which our fellow citizens would be accountable to their elected representatives, and in which the judicial system would lose its authority? I certainly hope that we will not live in a totalitarian regime.
Consequently, it is very unfortunate that the federal government flatly rejected the amendments proposed by the Bloc Quebecois. These amendments sought to eliminate the risk of arbitrary decisions in the administration of penalties.
The Minister of Agriculture should recognize that the compliance agreements and negotiations which he will allow to reduce the penalty imposed to an offender are not indispensable to reach his objective, which is to reduce the workload of the courts.
As his colleague, the Minister of Transport, knows from experience, it is much more beneficial for an offender to immediately pay a fine than to go to the courts, particularly if he knows that his is a lost cause. The monetary penalty system is, in itself, a good enough incentive to encourage the offender to settle the issue outside the courts. Any compliance agreement to reduce the penalty does not do anything more, except create a major risk of unfairness in the administration of penalties.
The amendments tabled by the Bloc Quebecois, through the hon. member for Lotbinière, sought to abolish any form of compliance agreement or negotiation between the department and the offender. The Minister of Agriculture has not convinced us, far from it, that there is no risk of arbitrary decision in this monetary penalty system. We still feel that the negotiation process allowing a departmental officer to reduce the penalty of an offender is unfair and, more importantly, dangerous for a democracy.
The member for Brandon-Souris justified the quick rejection of the amendments proposed by the Bloc Quebecois by saying, and I quote: "The important thing in these matters is that compliance is achieved. Whether or not there is a reduced or an increased penalty is secondary in most cases to bringing about the change by the perpetrator of the infraction".
The Minister of Agriculture and Agri-Food fully agreed with that earlier when he said that compliance is more important than enforcement.
I was talking with the chief of police of a small community in my riding who had to go to Sherbrooke to testify. To show how ridiculous the fines and penalties have become, he told me that people indicted on seven or eight charges for offences at their summer cottages passed him on his way back to his community, such was the speed with which they had been able to settle the fines. Despite the jail sentences provided for in the case of such offences, they were dealt with so fast that they passed the chief of police at high speed, and made gestures I would not dare make in the House.
Our police forces are so dispirited that often they wonder whether they should do their job or close their eyes and pretend not to see, because our justice system is going downhill and bankrupt.
In other words, the hon. member for Brandon-Souris feels what matters is compliance, not whether the law is enforced fairly or not. He cannot answer that question. I am sorry, but in Quebec we do not buy that kind of justice.
Make no mistake, the amendments put forward by the Bloc Quebecois were not to abolish the monetary penalty system. As I said earlier, the Bloc Quebecois agrees with this principle which will help to reduce the caseload of the courts.
However, this is a new and intelligent approach, especially in times of financial crisis. Having said that, the caseload of the courts should not be reduced and a parallel justice system should not be created if it means the implementation of an arbitrary justice system. The possibility of negotiating the penalty with civil servants introduces an unacceptable bias in the penalty process.
More specifically, after noticing an offence, officials of the Production and Inspection Branch will recommend to their director the appropriate penalty to impose. We therefore have a centralized decision process and the department maintains that the regulations eliminate the risk of arbitrary decisions. But that is not true. It is not true and indeed the government has not even seen fit to introduce the regulations, even though they are very important in
this case, to assess the relevancy of a negotiation system to reduce the penalties.
A departmental official is authorized to reach an agreement with the offender to reduce the penalty by $1 for every $2 the company will invest to improve its procedures, buy new equipment or train its employees. We are against such a principle. In our justice system, penalties are not negotiable. I repeat: in our justice system, penalties are not negotiable.
I look at my colleague, the hon. member for Brome-Missisquoi, who once was the president of the bar in his district. He knows full well that someone who has been found guilty of an offence does not have the opportunity to negotiate his or her penalty or sentence, far from it.
Imagine, Madam Speaker, that you are on highway 401 going to Montreal and that an OPP officer stops you for speeding, for example. You start to negotiate with him. You are guilty, you were doing 140 kilometres an hour and you negotiate with the OPP officer: "Look, I was doing 140, I was going down a hill, the car started to go faster, so be indulgent with me. I am the Deputy Speaker of the House of Commons. Write down on the ticket that I was doing 121 kilometres or just let me go."
Would that kind of double-standard justice be acceptable? No. I do not think, Madam Speaker, that Quebecers would accept that you negotiate your speeding ticket with an OPP officer, let alone with an officer of the Sûreté du Québec, because it would not be appropriate for a member of Parliament, especially for the Deputy Speaker of the House of Commons, to do so. And it is possible with this legislation that agricultural producers and people in related industries could negotiate, by mutual agreement, an unprecedented reduction of their penalty.
This could have an adverse effect on the viability and also on the reliability of our agricultural products here, in Canada. I heard that it was possible to negotiate a speeding ticket, but you certainly understand as well as I do that it is not an ideal situation. In this case, an offender who is better off financially and who would be in a position to invest in order to correct a particular situation would be rewarded for that through a reduction of his or her penalty. For each $2 invested, the penalty would be reduced by $1. This way, the person who has enough money could have the penalty reduced to zero, whereas the person who does not have that much money could not settle the matter in the same way. Therefore, this proposal would put some inequity in our justice system.
People or businesses would not be treated equally; they would be treated according to their spending power. Moreover, who would assess the cost of the efforts made by a person or a business to correct a particular situation? For instance, training may cost more in a particular region, and the same applies to equipment, which means some individuals and companies will be penalized.
Will they be informed of all the approaches available to them to correct the situation? What happens in the case of padded invoices involving collusion by suppliers? If we are looking for incentives to step up training and investment in a company, we should improve on methods that already exist, such as fiscal or other incentives, but these should not be used to negotiate a penalty.
The bill also calls for a 50 per cent reduction in the penalty if the person who commits the violation pays the fine without challenging the decision or requesting a review by a tribunal. I repeat, we are opposed to this concept. Under our legal system, the presumption of innocence is a fundamental right. Madam Speaker, I would like to go back to the example I mentioned earlier. You are clocked at 140 kilometres per hour, and your fine is $225. You get your ticket, you pay on the spot or within seven to ten days, but under this particular system, if you pay without challenging your ticket, the fine is halved.
So $225 divided by two is $112.50. To avoid clogging the courts, the fine will be reduced by 50 per cent. This is ridiculous. Unless of course the government has a brilliant idea and decides to double the fines while at the same time introducing incentives. In that case, it is misrepresenting the enforcement of this legislation.
Under our legal system, the presumption of innocence is a fundamental right. For instance, in a situation that could go either way, the company or individual is given to understand that they are better off paying the fine without further ado.
The individual is entitled to a review but is told: "Listen, you have a gun at your head". He will be told he has already been found guilty and that if he wants to reduce his penalty, the best thing is to pay up without a fuss. And what about the right to representation?
The Bloc Quebecois proposed amendments to ensure that the president and members of the tribunal who are responsible for reviewing decisions made by departmental officials are able to do so. The person who committed a violation could, if he so desires, have a hearing before the tribunal in order to request a review of his penalty. However, the tribunal-listen to this, Madam Speaker, this is very important-is appointed by the minister and the mandate of its members is renewable. Members are to assess decisions made by departmental employees who obviously are answerable to the minister. Is there not a conflict of interest here?
People sitting on this tribunal who would like to see their mandate renewed for a second term would be more inclined to do the department's bidding, while someone who refuses to do so would not see his mandate renewed.
In any case, I was looking at the procedure used to appoint the president of the UI Board of Referees in Thetford, in my riding. The person appointed to chair this board and rule on UI disputes was probably a good choice politically speaking, because she is connected with the Quebec Liberal Party and the Liberal Party of Canada, but she has never seen a worker or an unemployed worker up close. Why not take someone who knows about unemployment insurance, other than in books, someone who has had experience with it? This is patronage. In any case, it would appear to be a recommendation from the Frontenac riding Liberal association, which was accepted.
I hope that we are not going to go the same route here in appointing people, that the appointees will already have had a close look at the system they are being asked to work on-in short, competent individuals. Maybe competence will mean having campaigned in the Liberal Party at both levels, in Quebec City and in Ottawa-this is what make competent people.
To ensure greater transparency in the appointment of the chairperson and the members of the tribunal, we in the Bloc Quebecois have suggested that they be appointed by the minister with the approval of the Standing Committee on Agriculture and Agri-food. However, the members of this government represent the majority on the agriculture and agri-food committee, as elsewhere; they control it and always get their way.
We in the opposition, with our colleagues from the third party, simply ask questions. We propose resolutions, obviously, motions that are usually relegated to the shelves, because the government party makes use of its majority. They could have circulated their list of chairperson and tribunal members, and have the committee validate it at least. They refused. And they say their party is democratic.
You all know that the world of agriculture is a very small one. However, once again, our amendments have been quickly dismissed with a wave of the hand. The government also showed it paid little attention to the proposals put forward by the official opposition. As the Bloc Quebecois agriculture critic in this House, I note that the government has never taken amendments proposed by the Bloc Quebecois into account in this area. Although we support the basic principle of a system of administrative monetary penalties, we are well aware that there was no need for the government to add a penalty bargaining system.
In fact, this is what officials from the department confirmed during their appearance before the Standing Committee on Agriculture and Agri-food. On its own, the monetary penalty system is enough of an incentive to freeing the courts.
The Bloc Quebecois therefore vigorously opposes Bill C-61, because it establishes a system for penalty bargaining between officials and those who have committed violations. This new form of justice is not currently practiced in Quebec. It seems to me to be contrary to Quebec traditions and to our system of justice. I suspect that this sort of consideration was not taken into account when the bill was drafted. I would be curious to see whether the Minister of Agriculture and Agri-food would be prepared to revise this legislation if, on implementation, it proves to be in conflict with the traditions and values of Quebec society.
In short, this bill on monetary penalties has an interesting purpose: to relieve pressure on the courts.
What we in the opposition disagree with is the opportunity to negotiate penalties. This will, I am sure, lead to abuse, to negotiations under the table, to questionable negotiations.