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Crucial Fact

  • Her favourite word was justice.

Last in Parliament May 2004, as Bloc MP for Saint-Bruno—Saint-Hubert (Québec)

Won her last election, in 2000, with 44% of the vote.

Statements in the House

Criminal Code June 13th, 1995

Mr. Speaker, Motion No. 4 is on the French language. You may think that this is a little different, but I did not think either that I would one day make a speech on the French language in this House. However, that was my only reason for putting forward this motion, as you will see.

The motion deals with the French version of Section 717.2(1), which, in my opinion, is not drafted in everyday, understandable French. Understandable it may be, but certainly not for the average person.

Since it is a very short paragraph, I will read it for you:

717.2(1) Le dossier relatif à une infraction imputée à une personne et comportant, notamment, l'original ou une reproduction des empreintes digitales ou de toute photographie de la personne peut être tenu par le corps de police qui a mené l'enquête à ce sujet ou qui a participé à cette enquête.

The French "qui a tenu" is obviously a literal translation of "hold". In French, "obtenu une photographie" means holding it in one's hands, although in this context it means keeping or holding it. That is why I moved my amendment aimed at substituting the word "conservé" for the word "tenu". A photograph or document may be kept but, as I understand it, it is held in one's hands. It is in that sense that, as I said, I was very surprised to realize that I now had to put forward a motion on the French language.

I should tell you that a number of my other motions are also related to the French language, as you will see a little later. I will not list them all at this time, but the French used here is often peculiar, as the Bar Association noted. In several appearances before the justice committee, the Barreau du Québec observed that the French used in the Criminal Code did not match reality.

I will now quote an excerpt from the Barreau's brief on another bill, but it could also apply to this one. The Barreau du Québec says that no one is deemed ignorant of the law. That, as we know, is true. They go on to say, "The law must, however, be intelligible. The genius of the language, although it has its own rules, does not rule out the Cartesian, concise approach that is essential to the proper understanding of statutory law".

As for Michel Sparer and Wallace Schwab, they recognize the fact that the implementation of these principles requires strong intellectual skills, for the writer must be able to move away from specifics and sometimes partisan views to take a broader, more global approach while at the same time being extremely succinct.

They add that the simpler subject-verb-complement structure which is preferred in French shows that this language emphasizes what English usually relegates to a position of secondary importance, hence the need to be careful not to translate literally and to rearrange in a logical sequence, as required, sentences that sound English.

Understandably, in view of how complex regulatory activity is, legal instruments cannot always be drafted in accordance with these guidelines nowadays. According to the Barreau du Québec, clarity must nevertheless remain one of the primary goals of the legislator, hence the value of drafting the French and English texts separately, a rule that the Barreau suspects was broken in this case.

That is a common complaint from the association. That is why I moved several amendments to Bill C-41 designed to make the French version truly consistent with what we call the genius of the French language. I hope that our linguists are listening in this evening, so that someday we can have French instruments that are understandable and intelligible.

Criminal Code June 13th, 1995

moved

Motion No. 4

That Bill C-41, in Clause 6, be amended in the French version, by replacing line 42, on page 5, with the following:

"de la personne peut être conservé par le corps de".

Firearms Act June 13th, 1995

Mr. Speaker, I will be very brief. The member wonders what difference there is between a car and a firearm. It is very simple: A car is used for transportation purposes, while a firearm is used to kill.

Firearms Act June 13th, 1995

Mr. Speaker, I would like to give an answer to the member who asked why firearms should be registered, since it will not serve any purpose, etc. We heard his speech. I want to tell him that the purpose of registration is, first and foremost, to make people realize that a firearm is something designed to kill. It is not a toy.

Some may claim that westerners are born with a gun in each hand, the fact remains that these guns were made to kill. This is the message being sent to the public right now. People must be aware that a firearm is dangerous. Once they realize that, they will give more thought to registering their guns, since the registration process requires that some steps be taken, through the mail or otherwise. People will ask themselves: Should I keep that firearm in the house? Is it necessary? Do I really need it, or am I just keeping it in some corner without taking real care of it, without being concerned about it and about the fact that anybody could use it to commit an offence?

So, people will ask themselves if they need a firearm. I personally have firearms in my house. I am a hunter, but I have not gone hunting since 1992. As you know, the hunting season is in the fall. In 1992, we had the referendum on the Charlottetown Accord. In 1993, the federal election took place. In 1994, a provincial election was held in Quebec. And in 1995, we will have a referendum in our province. I had to give up hunting over the past few years, and I now wonder if I should keep my guns.

I discussed the issue with my spouse and he agreed that, indeed, if we do not go hunting any more, then we should consider getting rid of these guns. I should add that, this year, my name was randomly selected to go goose hunting in Cap-Tourmente. This is an exceptional opportunity but, of course, I will not be able to make it because something more important will take place in Quebec, that is the referendum, and I will have to be there of course.

So, we have to consider whether we want to keep our firearms at home, since we no longer use them. Do we really want to keep hunting? Can we still go hunting? Do we still have time for that activity? The fact that we need a license to own a gun, and that we have to register guns, makes us think about the whole issue and, as far I am concerned, promoting this kind of awareness is the purpose of that legislation. The other goal is of course to make our society safer, but the primary purpose is to make people aware of the fact that a gun is something that kills.

Firearms Act June 13th, 1995

Mr. Speaker, everyone has an opinion on Bill C-68. From Lutselk'e in the Northwest Territories to Blanc-Sablon, the bill has been discussed in our homes, in our communities and especially in this House. The debate continues down into the last stretch. Yesterday again we talked about it for hours in this House.

The main source of controversy in Bill C-68 is undoubtedly the proposal for a national registration system.

This universal registration system will consist of a computerized registry listing the names and addresses of firearms owners and a description of the firearms in their possession. The system will be operated by the RCMP.

Firearm owners have to apply for the new ownership licence starting in January 1996 and will have until 2001 to register. Firearms will have to be registered starting in January 1998, and owners will have until 2003 to do so.

Reform Party members, the pro-gun lobby and several Liberal colleagues of the Minister of Justice are pleased about the fact that the minimum sentence for using a firearm in the commission of an offence has been increased and that existing owners of

firearms have a grace period of nearly eight years to comply with the national registration system proposed by the minister in Bill C-68.

I am convinced that registration of firearms plus ownership licences will have a positive impact on homicide and suicide rates and on controlling the number of firearms in circulation.

We cannot ignore the statistics on deaths caused by the use of firearms. Guns are used in more than one third of homicides in Canada. In the past ten years, the majority of homicides were committed using shotguns or hunting rifles.

In their presentation to the Standing Committee on Justice and Legal Affairs, the Conférence des régies régionales de la santé et des services sociaux du Québec gave a telling summary of the situation in Quebec, and I quote: "In Quebec, firearms claim at least one victim per day or 420 deaths annually, of which 7 out of 10 are suicides. During the same twelve-month period, 400 people in Quebec died of AIDS, 400 died due to accidental falls, 900 in car accidents, 100 by drowning and 80 of accidental poisoning. The number of deaths caused by firearms is comparable to many other health problems that have raised the concerns of the public, the media and government. The annual economic cost of the wrongful use of firearms has been estimated, in 1993 Canadian dollars, at $6.595 billion in Canada and $1.659 billion in Quebec alone. The vast majority of deaths caused by gunshots occur in the home, with legally acquired rifles".

These are the depressing facts, and we cannot ignore them. Gun control is necessary in a society that wants to curb violence and enhance public safety.

The Bloc Quebecois is in favour of gun control that does not however, discriminate against those who use guns responsibly. The Bloc Quebecois and 90 per cent of the people of Quebec support firearms registration. That is the kind of society we want.

The bill is well received by Quebecers who are looking for ways to keep our society peaceful and secure and to combat smuggling more effectively. Like women across the country, women in Quebec support stricter gun controls. This is not surprising since they also have the highest rate of deaths due to gunshot wounds.

In all opinion polls, women and the more highly educated were 88 per cent in favour of a registration system for all firearms. On the other hand, men in general were only 78 per cent in favour of gun registration.

I have upset some people by saying that gender had a lot to do with this debate on the future of our society. The statistics show I was right, for the following reasons: The first is obvious; the statistics speak for themselves as regards women's support for gun registration. The second is that men are generally the aggressors, while women are more often than not at the other end of the barrel.

Even the Minister of Justice agreed with me, when he cited disturbing statistics. On the average, a woman dies through the discharge of a firearm every six days in Canada. Three times out of four, the murdered wife was shot with a rifle or a shotgun. Firearms control, whether we want to admit it or not, is a matter of gender: that of the victims and that of the women who support Bill C-68 by an overwhelming majority.

For reasons I set out earlier, I believe the establishment of a national registration system is a positive step. I must repeat, however, my considerable regret that the Minister of Justice yielded to the gun lobby.

By spreading the registration of owners and their weapons over eight years, the minister is making it clear that he does not want the system implemented while he is around. He should have shortened the registration period for firearms by two years. The system would have been in place next year.

There is no justification, either logistic or political, for firearms registration not to begin at the same time as licensing for ownership. Registration could have begun on January 1 next year and ended December 31, 2000.

We must remember that firearms are registered only once in the owner's lifetime. The certificate need not be renewed. The operation is a very simple one, requiring little of owners.

Lives could be saved if all firearms were registered quickly. What are we waiting for? I have chosen to live in a responsible society, and I hope my colleagues will make the same choice.

Allow my to express my delight at the end of fruitless debates and of the ineptitudes of the Reform Party. Bill C-68 will soon become a law that all Quebecers and Canadians will have to observe.

The Minister of Justice received a passing grade, barely, in this examination. His marketing operation proved a complete failure.

I have been interested in the matter of firearms since 1989 and I have never looked back. From the first, I fought for tightened gun control. As early as 1989, I asked that firearms sold in Canada be equipped with a safety locking device. I participated in the debate on Bill C-17 until it was passed in 1991.

Thank God, Reform members did not take part, and the pro-gun lobby had to find other allies in this House.

I am happy that the firearms bill will be adopted today. Although flawed, it represents a kind of social reform toward the safe and peaceful society I want.

Whatever Reform members may say, legislation on gun registration is not limited to New Zealand and Australia. If the Reform Party likes to use these examples, it is because the experience was a difficult one for these two countries. New Zealand had an obsolete, manual system that had been introduced after the first world war.

Like Canada, Australia is a federal state, but gun regulations come under the jurisdiction of the states and territories. It seems difficult to standardize a national registration system, when it comes under the jurisdiction of states with different sets of laws.

In any event, for the information of my Reform colleagues, I would like to talk briefly about other countries in the world that have introduced gun control measures. I welcome the idea that we will soon be part of this responsible community.

In China, a non-professional hunter can obtain a licence allowing him to own a weapon, but he cannot own more than two.

In the Czech Republic, an applicant must specify the reasons why he wants a licence and attach recommendation letters as well as a medical certificate vouching for his physical and mental health. The licence is valid for a three month period only. After obtaining his licence, the potential gun buyer must receive authorization from the district police. He must then, in the following days, take the gun he bought to the district police for registration.

In France, the registration data includes the buyer's name, place of residence and birthplace. Firearms must be registered with the gendarmerie. In France also, certain individuals are not allowed to purchase firearms, for instance those convicted of a crime or sentenced to prison for more than three months; those who are mentally disabled; those on probation; and finally, violent alcoholics.

In Germany, manufacturers and gunsmiths are required by law to apply various procedures, such as record keeping, labelling and notifying. These procedures are designed to help the authorities keep accurate records on firearms and ammunition belonging to private or business interests.

In Great Britain, anyone who has a firearm, whether they own it or not, must register it and get a licence.

In Greece, to be eligible to hold a licence, applicants must be 21 years of age and substantiate their need to have a firearm for personal safety, guarding a public building or target shooting. Firearms registration is mandatory and the licence to possess firearms must be renewed every three months.

These are a few countries around the world where firearms control was a societal choice. India, Israel, Sweden, South Africa, Poland, the Netherlands, Mexico, Malaysia, Japan and others also have similar legislation.

As you can see, contrary to what the third party would have us believe, responsible governments are not only found in Western Canada.

In addition, Bill C-68 as amended by the Standing Committee on Justice recognizes, in clause 7, long gun safety courses approved by the provinces. In Quebec, safety courses were approved by the Minister of Public Security in 1969 and have been offered ever since.

Quebecers who have undergone training in firearms handling in recent years should not have to take the course again to comply with the new legislation. Therefore, the Bloc Quebecois supports clause 7, as poorly worded as it is, since people who have already taken the safety course will not be compelled to take it again.

In closing, I would like to thank the Standing Committee on Justice and the 70 organizations and individuals who have travelled to Ottawa to express their views on Bill C-68 at the committee hearings.

Let us bear in mind that every major social project has raised controversy. Bill C-68 is one of those. Our efforts will not have been in vain.

Firearms Act June 13th, 1995

Mr. Speaker, I would like to ask the hon. member for Ottawa West why her party decided to change the status quo, stipulating that, in the future, the restricted firearms safety courses mentioned in subclause 7(2) of the bill on firearms will have to be approved

by the federal minister? The way things are now, the attorney general of each province approves the courses. That is how things currently work in Quebec, for example, and I suppose that that is the way things must be working in other provinces. Since latitude was given to one province, it must have also been given to the others.

What I would like to point out to you is that, in Quebec, these courses are very well structured. Of course, I am still talking about restricted firearms safety courses. Our courses in this area are extremely focused. Some are specifically for target shooters. Others are specifically for security guards. The first course is 3.5 hours long; the second, 6 hours. They are really quite specific and have been very successful, up to now.

Therefore, we wonder why the government would not accept the amendment we proposed to have the attorney general of each province continue to approve these courses on the handling of restricted firearms.

Firearms Act June 12th, 1995

moved:

Motion No. 84

That Bill C-68 be amended by adding immediately after line 34 on page 29 the following the new article:

"51.1 (1) A person shall not import or export a firearm that has not been rendered inoperative by a secure locking device.

(2) For the purposes of this section, "secure locking device" means a device that a ) cannot be opened or unlocked except with an electronic, magnetic or mechanical key or an alphanumeric combination lock; and b ) once installed on an unrestricted firearm or a restricted firearm, prevents it from shooting.

(3) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

(4) A person who has been convicted of an offence under subsection (1) is deemed not to have been convicted of a criminal offence.

(5) An offence referred to in subsection (1) does not constitute an offence for the purposes of the Criminal Records Act.

(6) For greater certainty, notwithstanding sub section (4), the provisions of the Criminal Code relating to summary conviction offences apply to an offence referred to in subsection (1).

(7) For greater certainty, nothing in this section prevents the punishment to which a person might otherwise be lawfully sentenced on a conviction for an offence referred to in sub- section (1).

Motion No. 135

That Bill C-68 be amended by adding after line 24, on page 51, the following new Clause:

"103.1 (1) A person shall not complete the assembly or manufacture of a firearm without equipping the firearm with a secure locking device.

(2) For the purposes of this section, "secure locking device" means a device that a ) cannot be opened or unlocked except with an electronic, magnetic or mechanical key or an alphanumeric combination lock; and b ) once installed on an unrestricted firearm or a restricted firearm, prevents it from shooting.

(3) Every person who commits an offence under sub section (1) is guilty of an offence punishable on summary conviction.

(4) A person who has been convicted of an offence under subsection (1) is deemed not to have been convicted of a criminal offence.

(5) An offence referred to in subsection (1) does not constitute an offence for the purposes of the Criminal Records Act.

(6) For greater certainty, notwithstanding sub section (4), the provisions of the Criminal Code relating to summary conviction offences apply to an offence referred to in subsection (1).

(7) For greater certainty, nothing in this section prevents the punishment to which a person might otherwise be lawfully sentenced on a conviction for an offence referred to in subsection (1).

Firearms Act June 12th, 1995

moved:

Motion No. 16

That Bill C-68, in Clause 7, be amended by replacing lines 22 to 34, on page 7, with the following:

"restricted firearms only if the individual successfully completes a restricted firearms safety course that is approved by the attorney general of the province in which the course is given."

Firearms Act June 12th, 1995

Madam Speaker, I would like to speak to the motions before us in group No. 4, if I am not mistaken. I would like to point out that the Criminal Code currently provides a number of mandatory minimum punishments. The one of interest to us today is set out in section 85 of the Code. It reads as follows: "Everyone who uses a

firearm while committing [-]an indictable offence [-]is guilty of an indictable offence and liable to imprisonment, in the case of a first offence, [-]for not more than fourteen years and not less than one year, and, in the case of a second or subsequent offence, [-]for not more than fourteen years and not less than three years".

As we can see, the Criminal Code already provides a mandatory minimum sentence of one year for the use of a firearm with criminal intent. It also provides a minimum sentence of three years for all subsequent offences. These sentences are served consecutively to any other sentence. That means that an individual found guilty of robbery, for example, would be sentenced for the principal offence-the robbery itself-and would then have this sentence extended by one or three years, as the case may be.

The proposal by the Minister of Justice to increase the minimum sentence to four years would not improve the situation in any way. At best, individuals would be given only the minimum sentence of four years. At worst, the Supreme Court would consider the provisions setting the mandatory minimum punishment at four years unconstitutional, because it would consider such punishment cruel and unusual under section 12 of the Canadian Charter of Rights and Freedoms.

At the moment, an individual found guilty of one of the offences set forth in the new section 85 could very easily be sentenced to a term longer than that contemplated by the Minister of Justice. In fact, the combination of a consecutive mandatory sentence and sentencing for the principal offence could easily exceed four years.

Section 85 of the Criminal Code is therefore amended in Bill C-68 with the addition of a list of ten violent offences to which the provision will apply. We have wondered about the seriousness of the minister in establishing this list. It includes manslaughter, a crime without criminal intent, but it does not include armed assault. Is punishment to be the same, regardless of whether the victim survives his or her wounds?

Forcible confinement is not on the list either, although kidnapping and hostage-taking are. I must say I have serious doubts about the deterrent effect of an increase in the minimum sentence provided in section 85 and related sections.

I would like to point out that the working document prepared by the Department of Justice on the present section 85, in particular, and on the imposition of minimum sentence in general, concludes that the public as a whole is not aware which offences carry mandatory minimum sentence. It is hard to see how such a measure would deter potential delinquents, since they generally do not know what the minimum sentence is.

In addition, the same document that the Minister of Justice should have examined more closely concludes that mandatory minimum sentences probably have very little effect as deterrents and on the rate of the commission of serious crimes. Robbery is a prime example. And what is worse, apparently juries are less inclined to find someone guilty if they know that the crime the defendant is accused of committing carries a mandatory sentence.

If judges choose not to allow sentences for multiple offences to be served concurrently, the result would be a substantial growth in the prison population. In fact, the minimum sentence of four years would be the starting point to which any additional period of detention necessary would be added, depending on the circumstances surrounding the offence.

Obviously, an individual accused of several offences could serve sentences consecutively. The Minister of Justice seems to believe naïvely that detention centres will be able to hold more inmates. He argues, in fact, that his bill will be a deterrent and will decrease the number of crimes perpetrated with a weapon.

He has no way of knowing what impact his bill will have on the number of convictions made under his reformed system in the future. Let us not forget that a chain is only as strong as the weakest of its links.

If we increase the minimum sentence provided for in section 85 of the Criminal Code, we must expect the prison population to swell although we do not have the facilities needed to accommodate the new inmates.

The warning issued by Université de Montréal Professor Pierre Landreville is worthy of consideration. In an article published in the December 23, 1994 edition of Le Devoir , Mr. Landreville outlines the danger of such legislation, and I quote: ``[-] every year in Quebec, some 1,500 individuals are convicted and could eventually be sentenced to a minimum of four years in prison, in addition to the sentence given for the main offence. Quebec's prison population, which is now around 4,000, would almost double in the first four years following the implementation of this measure''.

The increase in the prison population would lead to an increase in related costs. Did anyone bother to find out how much Bill C-68 would cost, when we know that, in 1992-93, the annual cost of keeping a single inmate averaged $56,000 in maximum security and $36,000 in medium security?

The mandatory minimum sentence is the minimum number of years to be served. In a so-called clarification effort, minimum punishment was included in the wording of the offence itself. That is why we find the phrase "to a minimum punishment of imprisonment for a term of four years" in 10 different clauses

listing possible sentences for the offences in question. I am talking about clauses 135 through 144 of Bill C-68.

The amendments put forward by the Bloc Quebecois in Motions No. 182 and following are all aimed at eliminating the mandatory minimum sentence by revoking these clauses. Significantly increasing mandatory minimum sentences is an ill-advised public relations exercise. There is no better way to score points.

The Minister of Justice wanted to ease the fears of a generally misinformed public and to make the pro-gun lobby swallow the pill by claiming that Bill C-68 does not deal with the registration of long guns. He failed miserably in both cases.

Increasing mandatory minimum sentences involves far too many uncertainties, considering eventual tangible benefits. Bill C-68 is a bill on public safety and not a marketing operation. The Minister of Justice would have been better off explaining his bill and answering gun owners' legitimate questions. Had he done so, he would not have provoked such a general outcry.

I therefore urge the House to support the Bloc motions, which reflect the kind of society we all want to live in.

Firearms Act June 12th, 1995

moved:

Motion No. 254

That Bill C-68 be amended by deleting Clause 144.