Martin Cauchon

[Child Pornography, October 10th, 2002]

Mr. Speaker, I have been following the Sharpe decision. We have been quite clear that we want to proceed with an extensive and thorough review of the offences that we have within the Criminal Code. Of course when we are talking about children in our society it is our top priority. We want to make sure to protect them.

We have some provisions as well. We have created under Bill C-15A, which is now legislation within the country, a brand new offence with regard to the use of the Internet. Lately, with the justice minister of Manitoba, we have launched a new site, Cybertip, which will be very useful for society. We will come forward with a brand new piece of legislation to keep protecting children within our communities.

[An act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, October 9th, 2002]

moved for leave to introduce Bill C-10, an act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act.

Mr. Speaker, this bill is in the same form as Bill C-15B from the first session of this Parliament and it is in accordance with the special order of the House of October 7, 2002. Therefore, I request that it be reinstated at the same stage that it had reached at the time of prorogation.

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

[Resumption of Debate on Address in Reply, October 3rd, 2002]

Madam Speaker, first I thank very much the members of the committee. They did fantastic work which will be very useful in order to take the necessary steps to reform, if I may use that word, the Divorce Act.

When we look at the Divorce Act we always take positions based on the best interests of children. It is key to our nation. At the same time we have been looking at custody and access. We have been talking a lot about those issues. We have heard from people across Canada. Shortly we will come forward with some amendments with regard to the Divorce Act.

At the same time we are looking at the notion of services, to get involved and help families that are facing crises. The notion of services support is as important as any reform we as the government may bring forward on the Divorce Act.

[Resumption of Debate on Address in Reply, October 3rd, 2002]

Madam Speaker, I wonder where the hon. member was when the government tabled its last budget.

There were the events of September 11. The member knows as well what major steps have been taken by the government in terms of legislation, but we have done more than that. Look at the additional funding the government has provided the RCMP. We are talking about a considerable amount of money. As well, look at the additional funding that we have provided the customs organization.

We talk about protecting our society and having the resources needed in order to achieve that goal. We have to make sure that as well as protecting our society we are able to respect the values we have developed as Canadians. We have to totally assume our mandate and protect our society. We have enough resources.

Once again I invite the hon. member to look at the last budget tabled by the government.

[Resumption of Debate on Address in Reply, October 3rd, 2002]

Madam Speaker, these are two very important issues for our government. They are also important for Canadians. These issues involve legislative as well as social considerations.

First, let us talk about the La Forest report. We received this report, which is a big document. We are currently reviewing it and, as soon as we are in a position to do so, we will provide a response, and I will explain the government's position and reaction, from both a political and legislative point of view.

The second question deals with marriage for same sex spouses, and more specifically with section 15 of the charter. The hon. member raised some important considerations. As a society, we adopted the Canadian Charter of Rights and Freedoms. Section 15, which deals with equality rights, can be interpreted in many ways. This summer, we had a ruling from Ontario to the effect that the existing definition of marriage under common law violated the principles set out in section 15.

This being said, that same ruling overturned a decision made by the same court, in 1993 or 1994 if memory serves me right, confirming the legality of the definition.

I should also point out that a totally opposite ruling was made in British Columbia. That ruling maintains the legality of the current definition.

Following these rulings, the government decided to go ahead with a consultation process that will be conducted by the appropriate and competent parliamentary committee. During the summer, I also announced, on behalf of our government, that we were preparing a discussion paper to help the committee in its work.

Eessentially, the government is saying that Parliament will assume its responsibilities. We will ask the public to participate in the committee's work, to examine possible solutions and the positions that we must take as a society.

I also said, since we were engaged in a consultation process, that I wanted to make sure that all options were kept open, which is the reason for the appeals. There are also legal considerations that come into play.

[Resumption of Debate on Address in Reply, October 3rd, 2002]

Madam Speaker, first of all, the hon. member says to the House and the Canadian population that in reading the Speech from the Throne he sees almost nothing from the justice department. I would invite him to read the Speech from the Throne again.

We talked about the protection of our children. It is a top priority for our government as well for Canadians. We will be coming forward this fall with measures to protect our children. We talked about family law in the Speech from the Throne. We have been discussing this and thanks to the work of members in the House regarding family law we want to move ahead with this.

We have been talking about legal aid. Maybe legal aid means nothing to the other side, but legal aid is key to the justice system as well as to our society.

The member talked about another question which is important as well, the question of decriminalizing marijuana. The hon. member said that I showed disrespect to a committee of the House. I guess that he would like the answer to be yes indeed, but the answer is exactly the opposite. In my main speech I said that before taking any position as a government we will wait for the report of that special committee.

I said as well that the Senate tabled a report some weeks ago with recommendations that affect the Department of Justice directly. We are looking into that report, but as I said many times before taking any official position on behalf of the government we will wait for the important work of our colleagues in the House. In light of those recommendations we will take the necessary steps.

[Resumption of Debate on Address in Reply, October 3rd, 2002]

Madam Speaker, it is an honour for me to rise today to comment on this week's Speech from the Throne.

As a Canadian, and the member for Outremont, I am proud of this government's program. Its commitment to competitive cities and healthy communities, innovation and regional development, youth and immigrants, will provide Quebeckers with the necessary tools for sustainable economic and social prosperity, as it will all Canadian provinces, territories and communities.

My role as Minister of Justice and Attorney General consists in working in conjunction with all Canadians and all members of Parliament, in collaboration with the provinces and territories, to bring Canada's justice system into the new millennium and to ensure that it meets the present and future needs of the Canadian population as a whole. Canada's justice system plays a crucial role within the society we wish to build, the society within which we wish to live.

A fair, accessible and effective justice system is an essential part of any free and democratic society. It guarantees a peaceful means of resolving differences. It allows us to protect those who are most vulnerable and is the foundation of the public's trust in its economic, social and political institutions. And, ultimately, it reflects and defends the values common to all Canadians, and makes Canada a country envied by all.

Children and the family are one of this government's main priorities. The health of a justice system—and the health of a society as well—can be measured by the way that we protect those less able to protect themselves. Children are our country's most precious resource. The hopes of our nation, its dreams for a prosperous future and a strong, sensitive, responsible and just society reside in our children.

I want to help families and these children in times of crisis. I think that we should amend the Divorce Act in order to serve the best interests of the child.

Last April, I presented a report to Parliament on the repercussions of the child support reforms implemented by this government in 1997. The news in this regard is in fact very encouraging. Research shows that a more objective calculation of child support orders reduces the tension between parents.

We must build on this success. This is why I will be introducing legislative changes to the Divorce Act and other federal family laws.

At this time I would like to thank the Special Joint Committee on Child Custody and Access. Its important work has directly led to many of the recommendations I will be taking forward.

In addition, I have heard from Canadians that services are just as or more important than legislative change and I am looking at how I can work with my provincial and territorial partners on this. One improvement could be expanding unified family courts. These courts provide a single forum for exercising comprehensive family law jurisdiction for both federal and provincial law.

The language we use in our laws and in the administration of justice sends an important signal about our values. This is why I am committed to bringing forward a proposal to reform family law legislation to eliminate the use of the terms “custody” and “access”, and to present a new approach based on parenting orders.

These changes must be accompanied by education and information about the nature of the reforms in order to promote a child-focused perspective on the part of parents, lawyers, judges, and indeed all Canadians. This is not the only area where we must act to protect children's interests. It is indeed intolerable that there are those in our society who would prey on our children. While rapid development in information and communications technology has presented great economic opportunities, it has also made it easier for some to exploit our children.

I would like to continue this progress by examining all the possibilities for amending the Criminal Code with respect to the specific issue of artistic merit as a defence in child pornography offences.

We have other specific measures in mind for protecting our children; I will mention just two. First, clarifying offences specifically involving children, such as in the area of child neglect and exploitation of children for sexual purposes. Second, making it easier for child victims to testify.

Another message that was clear in the Speech from the Throne was that the government is committed to creating an inclusive society. Justice is, and always should be, available to all, otherwise there is simply no justice.

A well-functioning legal aid system is indeed an indispensable element of providing accessible and inclusive justice. Last year and this year the Government of Canada provided an additional $20 million per year over and above our existing $82 million in contributions to the provinces and territories for criminal legal aid.

Increased funding alone is not a long-term solution to the pressures being faced by the legal aid system. Together with our provincial and territorial partners, we are nearing completion of a review of legal aid which includes a federally funded legal aid research initiative to look at unmet needs in criminal legal aid and representation in civil legal aid.

As part of this research initiative, pilot projects are being conducted to allow jurisdictions to test innovative and alternative service delivery methods. The results of both the research and pilot projects would be used by the provinces, territories and federal government as we move to jointly develop solutions to address the challenges currently facing the delivery of legal aid.

We must also guarantee that Canadians have access to the justice system in the language of their choice. This government has always advocated the enhancement and development of English and French language minorities and supports the full recognition of the use of French and English in Canadian society. And this is nowhere more important than in the justice system. This will indeed always be a priority to me.

Canada's justice system faces major challenges, when it comes to the fair treatment of natives.

In the last five years, the strategy on justice for natives has resulted in a greater optimism among first nations, the Inuit and northern communities. The strategy is aimed at implementing programs that respond well to local needs, through local traditions. Many of these programs have been very successful. They have improved access. They have reduced the recidivism rate. They have reinforced all of the communities.

The main thing is that these approaches are better tailored to the needs of natives and northern communities. I am committed to reinforcing these community approaches that focus on young people living on reserves and northern aboriginals.

I will continue to work with the provinces and territories, as well as with natives and northern communities, to take advantage of our collective successes in these important areas.

I will support the government's commitment to implement a national drug strategy to address addiction. Part of this is in rethinking our approach to dealing with the problem of drug use.

As Minister of Justice I will do my part by re-examining how the justice system treats drug cases. The Department of Justice is currently participating in two pilot drug treatment courts, one in Toronto and the other in Vancouver. This approach is based on the recognition that substance abuse is a chronic disorder that can be successfully treated.

Preliminary results are indeed very encouraging. I will therefore look to expand the use of these courts to other communities. Another area that I will be examining is that of decriminalizing cannabis possession. Currently these cases are dealt with through criminal prosecutions, the most coercive and expensive instrument we have. We need to examine whether this is the most effective means of achieving a positive result for our society.

I want to ensure that Canadians do not misunderstand me. Canada has no plans, as I said many times, to legalize marijuana use. I believe this could inflict serious harm on society and lead to bigger problems.

Any drug policy must be developed within a broad context of national policing, health and social policies, federal mandates and a collective will of the people of Canada. We must consider Canada's obligation under international convention. This is the responsible approach and it is the approach we will follow.

The special Senate committee on illegal drugs recently released its report and the special committee on the non-medical use of drugs will also be studying this question. Their reports will help inform members when debating this issue.

In addition to making Canada's communities safe and secure, we need to keep in mind that Canada is a member of the world community. As such we have a responsibility to help other nations meet their needs and aspirations. In particular, Canada has assumed a leadership role in supporting the new partnership for Africa's development. I am indeed committed to supporting the important work that Canada will be doing in this area. We will seek opportunities to lend interested African countries Canada's technical expertise and knowledge in the area of justice to help them build a justice infrastructure they need to become prosperous.

In conclusion, I am proud of the achievements of this government and I am proud of the agenda we set in the Speech from the Throne. I am convinced that these projects will improve the lives of all Canadians.

As the Minister of Justice and Attorney General of Canada, I will do everything that I can to ensure that Canada's justice system helps to build a better future for all of us.

[Regulatory Framework, October 3rd, 2002]

Mr. Speaker, it is always easy to make such insinuations when under the protection of parliamentary immunity. I also said in London—which essentially repeated in the throne speech—that, in light of what happened in the United States, we in Canada are currently engaged in reviewing the entire regulatory framework.

Naturally, this involves all of the provinces and the various bodies concerned by this regulatory framework, as well as the Canadian government. We are revisiting the Canada Business Corporations Act and also looking into whether the criminal code provides sufficient coverage for a situation of this kind.

Consultations are under way at this time. If something needs to be done, as a responsible government, we will take action.

[Government Contracts, June 19th, 2002]

Mr. Speaker, I said earlier that the Department of Justice is complying fully with the directive issued by my colleague.

When I hear the statements made regarding this issue, I think it would be difficult to go lower than this in politics.

[Government Contracts, June 19th, 2002]

It looks to me like they do not want to hear the answer.

The Department of Justice is complying with the directive issued by the minister of public works.

Second, there is no work pending with the group mentioned at the Department of Justice.