House of Commons photo

Crucial Fact

  • His favourite word was quebec.

Last in Parliament May 2004, as Bloc MP for Trois-Rivières (Québec)

Won his last election, in 2000, with 47% of the vote.

Statements in the House

Personal Information Protection And Electronic Documents Act March 30th, 2000

I am a Quebecer, let there be no confusion about that. I am here by accident.

If I were a Canadian, I would be a federalist and a centralist. My federalism would be a Pierre Elliott Trudeau-style federalism, in order to have a strong central government, one capable of making decisions to enhance Canada's competitive position in the world. That is logical.

This is a virtual necessity for the other provinces, but this is what is so traumatic for Quebec and the Quebec people, to be caught up in the infernal workings of a system in which, minority that we are in terms of representation, we can never gain the upper hand and escape being crushed.

If we do not take control, then we must call a spade a spade: Quebec will become another Louisiana. That situation did not come out of the blue, nor did this one.

There is a process going on, one that those in power do not want to talk about, and I am thinking of the Minister for International Trade. There is a process going on here in Ottawa, that has been entered into in order to centralize powers, to make Canada a unitary state, not at the expense of Alberta, Ontario or Nova Scotia, but at the expense of Quebec. Quebec is not a province, but a people, and this is the whole issue.

Personal Information Protection And Electronic Documents Act March 30th, 2000

Mr. Speaker, I thank my dear colleague from Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques for his question.

I think my colleague raises a very important problem, which should be at the heart of some later debate on the future of Quebec as a sovereign country in the context of the Canadian federation, because clearly—and I tried to get this across earlier in my remarks—the federal government is not quite so determinedly setting course for centralization, excessive and almost unconstitutional intervention.

We know that the Constitution is clear and that section 92.13 says so, the Conseil du patronat talks of it, the Quebec bar refers to it and the major stakeholders concerned with this sort of question criticize it. The government refuses not only to withdraw its bill, but also to make an exception at least for Quebec.

It might perhaps be time to speak of distinct society. Why does it not? That is what all Quebecers wonder. I notice the Minister for International Trade—a good Quebecer—who should be distressed by the attitudes of his government, which denies Quebec's distinct character, despite the motion on the distinct society.

This motion is a hollow shell, because if the federal government were consistent in its action, it would waste no time in the matters of personal information, young offenders, the health research institutes, the transients and so on, as is its practice, in finding out whether the concept of distinct society it proposed applies.

If it does not, this means that it does not believe in it. If it does not believe in it, that means it believes in centralization as the way of the future. If I were a Canadian, I would be a centralist.

Personal Information Protection And Electronic Documents Act March 30th, 2000

Mr. Speaker, as I was saying, before Oral Question Period, there is a fairly significant leap in Bill C-3 from Bill C-54. Bill C-54 dealt only with the basic nature of the right to privacy be recognized.

With Bill C-6, we are making a leap to the recognition of the need of organizations to gather information and to use or communicate personal information for purposes that a reasonable person would consider acceptable under the circumstances. It is a good idea to repeat this because it transfers fairly significantly concern about and responsibility for what was in the past a matter of privacy and becomes a matter of information that may be useful to business.

This ties in with the fact that societies, and the individuals who are part of them, are increasingly losing power and respect in our life as a society.

The Quebec government and the Quebec society reject this bill. In that area as in many others, a consensus was achieved whereby the federal measure is being condemned by everyone, by all those who take an interest in that issue, in Quebec.

When I say everyone, I do not mean just anybody. Here is a partial list of the stakeholders. There is the Barreau du Québec, which is not close, except in certain circumstances, to the Quebec government. The Chambre des notaires vigorously opposed this bill, and so did the Action Réseau Consommateur, the Quebec Interprofessional Council and the Commission d'accès à l'information. The Quebec government itself formally opposed this legislation, through two of its ministers.

One thing that particularly struck me in this coalition—we might call it the labour management coalition—was to see the Conseil du patronat which, except under particular circumstances, is not close to the Quebec government, and the Confédération des syndicats nationaux, the CSN, which tends to be close to government, get together to denounce this bill. That in itself is enough to make one wonder, provided one is acting in good faith.

This is perhaps what we should question about the federal government in this matter as in others: its good faith. In light of the very reasonable criticisms made, and given that Quebec's legislation in that area has been in existence since 1994, has proven its usefulness over the past six years and is well known all over the world, Quebec's legislation should have served as a basis for the federal act, but it did not.

One wonders why the federal government turns a deaf ear in such a context. It may have reasons to do so. I am sure that many in Quebec share that view. If we make the intellectual effort, we can only wonder where we are headed. Why does the federal government insist on introducing such a bill?

It is part of an operation, a vision, a new way of doing things in this new Canada now taking shape, this underhanded Canadian nation building we are now seeing here. This came up one or two years ago.

By signing the social union agreement, the Canadian provinces gave the federal government permission to interfere in areas that, according to the Constitution, come under provincial jurisdiction. The only open opposition to the plan came from Quebec, through its premier, Mr. Bouchard. But the federal government forges ahead.

It worries us. There are signs that this is all part of implementing the social union.

As proof, I wish to cite the comments made by a representative of the British Columbia Civil Liberties Association before the Senate:

In Ontario and in other provinces, legislation is now being drafted which would make it possible to obtain health information from all existing sources and create a medical e-file on every Canadian.

The federal government, together with the provinces, plans to create a national health information system in which these medical e-files would be available, along with other information, under the watchful eye of whomever is chosen to run it.

It is because Bill C-6 threatens to thwart this plan that stakeholders from the health sector have brought such strong pressure to bear on the Senate and the other place—

i.e. the House of Commons.

When someone who undoubtedly has privileged information uses an expression like “national health information system”, it is based on something. And while we are on the topic of vocabulary, the bill states that, if a province wants to pass privacy legislation, it will have to be legislation, and I quote, “essentially similar to the federal legislation”. The federal government is taking on a role for which it has no mandate and which is not supported by the Constitution.

It must be kept in mind that, under section 92.13, this is a clearly recognized provincial jurisdiction. The anglophone provinces allow the federal level to act freely in an area that belongs to them, and the federal government tells them they must enact legislation that is essentially similar to its own.

So here we are setting up a pattern to have everything in this country done, increasingly, slowly but surely, the way the federal government wants it. In 5, 10 or 20 years from now, decisions are going to be made here in Ottawa and no longer in the provincial capitals. The provinces will all be considered on an equal footing, Quebec included, and will become, slowly but surely, nothing more than great big regional county municipalities.

The choice that is clearly going to be offered to Quebecers will be to become either an authentic sovereign country, master of its own destiny and its own future, or a simple province like the others, one in which the Quebec people will have no recognition.

This leads us to the conclusion that this is a cleverly and insidiously worded bill, clandestine, non-transparent, which the leaders of the present federal government do not have the courage to defend publicly. We have seen the initiatives it takes, for instance, in the area of young offender legislation, where Quebec has an exemplary law of its own, which will be trampled under foot by Ottawa's initiatives and Ottawa's dogged insistence on interfering in the area of health research with its Health Research Institutes. The Bloc Quebecois has put the government's will to the test.

While it can be agreed that the federal level does have some legitimate involvement in research, it constantly stresses matters pertaining to health instead. It insists on using the expression matters pertaining to health instead of limiting its intervention to health research, as the Bloc Quebecois would have preferred.

This is highly significant, and we clearly feel, despite the weakness or the underhandedness of the federal leaders, that they are increasingly getting involved, in an underhanded way, in nation building.

We see it with the millennium scholarships in education, which is well managed in Quebec with a system of loans and grants that is unique in Canada. The federal government, trampling on Quebec's rights once again, treating it with contempt and passing over the Quebec model and structure, has taken upon itself to intervene in a field of jurisdiction that is not its own.

We can see this with assistance to transients, which goes directly to the public. We see it in assistance for home care, which goes directly to the public, even though home care is a provincial prerogative. These sectors are sacred in Quebec and, furthermore, they are well managed by Quebecers. The federal government is using its spending power to intrude.

This, therefore, is an insidious instance of nation building, something that is very current in the problem raised by Bill C-20, for example. In order to better crush Quebec, the federal government passes legislation, but when it comes to recognizing distinct society, nothing happens, because never was there mention of a distinct society.

Not with the transients, not with the millennium scholarships, not with young offenders, not with the institutes did they say “Quebec has special status; it is a distinct society”, a distinct society that is the subject not of a bill, but of a motion. To crush Quebec, they passed Bill C-20.

The distinct society exists on condition that it be nothing more than a hollow shell, because English Canada would not agree to a distinct society such as the Prime Minister liked to talk about following his commitments at Verdun, where he dropped Quebec like a hot potato, just like his predecessor Mr. Trudeau, at the time. We must remember that. We must have some sense of history, because the stakes are too high.

We cannot take a piecemeal approach to these issues. We must know where the Privy Council is headed, and talk about the Privy Council. We must talk about what is Canada's motivation right now, what is responsible for this contempt toward the Constitution of Canada. The government despises the existence of the people of Quebec, it does not recognize it. This bill on personal information is yet another illustration of that contempt.

I hope Quebecers will take note of this type of behaviour, which may appear insignificant but is actually very meaningful.

Division No. 1258 March 30th, 2000

Mr. Speaker, it is a pleasure and an honour for me to have the opportunity to speak on behalf of the Bloc Quebecois on Bill C-6, formerly known as Bill C-54.

Bill C-6 is an act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act.

Today we are addressing a fundamental question in a society claiming to be as civilized, as ours does. At the same time, we are addressing something that is in a way the price of modernity, the price of progress. The most sophisticated of technologies now enable us to access what are considered the private affairs of individuals, and we can do so in a very subtle, very insidious and, let us face it, a very dangerous way.

Addressing this type of issue requires a fairly lofty debate. We need to realize that we are drawing here on the Declaration of Human Rights, passed 50 years ago now by the United Nations and subscribed to by Canada, which says that everyone has the right to life, liberty and security of person and which states the following:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.

We are drawing at the same time on the Quebec charter of rights and freedoms, which provides that “Every person has a right to respect for his private life”.

To give an idea of the scope of the question and the extremely important issues here, I would like to quote a very important passage from a statement by the executive director of the Commission de la protection de la vie privée du Québec, Julien Delisle, of Quebec, summarizing the issues facing us today. These remarks were made in 1996 and are still current. He said:

Privacy protection is nothing less than the idea that we cannot live in a democracy in a free society without protecting our intimacy.

Ten years ago, it was easy to live incognito. At that time private enterprise and the government sector had access to a lot of personal information but in unrelated bits.

Telecommunications and the growing amount of information have totally upset this delicate balance by eliminating two natural mechanisms protecting privacy: the volume of paper and the impossibility of cross checking information from various files or agencies.

We have here before us a very important law, which has been debated in this House and which has been referred, as procedure would have it, to the other House, commonly known as the Senate. The other House also addressed the issue with witnesses, as did the Standing Committee on Industry. The result, the other House having shifted the debate to health and thus muddied the waters even further in the view of a very great many people, is greater confusion than ever.

Numerous experts were heard, including lawyers who waded into the issue. Their views were so divided and conflicting—with all due respect for lawyers, of which there are many, maybe too many, within the ranks of the Bloc Quebecois—that the debate was more confused than ever, and opinions often ranged widely, when they did not contradict one another outright.

Having gone through all that, we are back at square one. What this means to us is that there is a major flaw in the federal government's approach, in its shameless attempt to once again trample the Constitution of Canada, which is supposed to govern the actions of this government and of the provincial governments.

This does not come from us. It comes from no less than the Conseil du patronat, one of the many bodies I will list later that supported the Government of Quebec. The Conseil du patronat does not have very much in common with the present Government of Quebec, as we know, but it supported it and Quebec received incidental, intelligent and qualified support.

Having given the matter some thought, the Conseil du patronat made the following statement when it appeared before the Standing Committee on Industry:

In so far as there is no challenge to the constitutional jurisdiction conferred on the provinces with respect to the protection of personal information and privacy under section 80.13 of the British North America Act, and in so far as Quebec's lawmakers have already passed their legislation in this regard, it is to be expected that numerous disputes over jurisdiction will ensue.

So said the Conseil du patronat, and there is every reason to think its prediction will come true.

Another a very competent person, Jacques Frémont, a well-known constitutional expert from the Université de Montréal, appeared before the Standing Committee on Industry and said:

In my opinion, Bill C-54, now Bill C-6, violates the spirit and the letter of the division of powers as it should be understood in this country. It proposes an arrogant and intrusive approach to provincial jurisdictions. Privacy protection is essentially under provincial jurisdiction. In Quebec, for example, it is property and civil rights. It is the Civil Code. It is Quebec law that applies in addition to the Canadian and Quebec charters.

This allows us to say that on the very face of it there is a technical flaw in this bill which, to some extent, could be viewed as unconstitutional since it respects neither the letter nor the spirit of the constitution, more specifically section 92.13.

Moreover, the bill takes a giant leap that is a very serious infringement on what has so far been done by the provinces in this area, as provided for under the constitution. That leap is found in clause 3 of the bill, which reads as follows:

The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations—

And here is what is new:

—to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.

The important thing in this clause is that far from recognizing the fundamental nature of the right to privacy, it now tries to balance this right with the right of companies to do business. That leap is a very serious infringement, almost a business-like move, which fits very well into the current neo-liberalism where citizens no longer count, where they are only of interest to the economic system as consumers, and where—

Petitions March 30th, 2000

Mr. Speaker, I wish to present a petition signed by approximately 50 persons in the ridings of Champlain and of Saint-Maurice, the riding of the Prime Minister. This is another in the series of petitions already presented relating to genetically modified organisms.

These citizens are calling upon parliament to promptly pass legislation making it mandatory to label all foods that are wholly or partially genetically modified.

Shipbuilding Act, 1999 March 28th, 2000

Mr. Speaker, in spite of the limited time at our disposal, only four minutes, I want to take a moment to congratulate the hon. member for Lévis-et-Chutes-de-la-Chaudière for his extraordinary work in the past two years to set up a coalition of employers and workers all across Canada.

During that period, our colleague managed to visit every shipyard in Canada, as well as some in Asia, including in Taiwan, and in the United States. He made numerous representations to the Minister of Industry and to the Prime Minister. He also had his bill signed by 100 members of the opposition, which allowed him to introduce it. Our colleague did an extraordinary job and the community in Quebec and Canada can never be too grateful to him.

It is to be hoped that, in spite of the comments made earlier by the Liberal member, the government will wake up and stop ignoring the perfectly legitimate demands of managers and unions on this issue.

Shipbuilding has traditionally been a key sector, and for good reason, since Canada is bordered by three oceans and we have the St. Lawrence River and the largest seaway in the world. It is only normal and legitimate for Canada to have had, and this should continue to be the case, such an important naval shipyard industry.

The hon. member for Lévis-et-Chutes-de-la-Chaudière has had to face incredible apathy from the members opposite. We just had evidence of that earlier, once more. In spite of all his representations, our colleague's efforts have so far been in vain, unless some Liberal members, in private and behind the scenes—the Liberal excel at that—have shown some form of openmindedness in the recent past.

It is most surprising and even vexing to hear such things as we just have, because in recent history the Liberals made commitments in the red book, as they had on the GST and NAFTA, saying that they would look after the shipyards. I can read a resolution passed in a recent Liberal convention, one filled with whereases, which states as follows:

Be it resolved that the Liberal Party of Canada strongly urge the Canadian government to immediately develop a national shipbuilding policy in order to provide assistance to that industry and thus to maintain and reinforce the level of excellence of the technologies that have earned us a high reputation we are now in danger of losing.

These are the words of the Liberal Party and yet the Liberal government will absolutely not budge on this matter. There is nothing but total lethargy; it refuses to do anything. To give an example, not only is it doing nothing, but as far as the measures are concerned which the hon. member for Lévis—Chutes-de-la-Chaudière is suggesting and which tax legislation can improve, loan guarantees and tax credits, the Government of Quebec has already established tax credits for Quebec shipbuilders.

What has the Liberal government done since then, despite its commitments in the red book, despite the proposals made at the Liberal Party's convention? They are taxing the tax advantages Quebec shipyards have received because of the Quebec government's tax credits. That is what collaboration and openmindedness means to this government, which is as lethargic in this matter as in others, a government the people are going to get rid of within a few months, perhaps.

There are thousands and thousands of jobs at stake. A few years ago, Canada's shipyards provided 12,000 jobs and now the figure is less than 3,000. What is at issue here is international competition, with Asia for example, where there is a 30% subsidy, with Europe and its 9% subsidy, and the United States with its protectionist measures with which everyone is familiar. The Canadian government must bring itself up to speed.

An Act To Give Effect To The Requirement For Clarity As Set Out In The Opinion Of The Supreme Court Of Canada In The Quebec Secession Reference March 13th, 2000

moved:

Motion No. 384

That Bill C-20 be amended by adding after line 28 on page 5 the following new clause:

“4. This Act shall come into force on July 1, 2010.”

Motion No. 385

That Bill C-20 be amended by adding after line 28 on page 5 the following new clause:

“4. This Act shall come into force on May 1, 2011.”

An Act To Give Effect To The Requirement For Clarity As Set Out In The Opinion Of The Supreme Court Of Canada In The Quebec Secession Reference March 13th, 2000

moved:

Motion No. 348

That Bill C-20 be amended by adding after line 28 on page 5 the following new clause:

“4. This Act shall come into force on October 1, 2007.”

An Act To Give Effect To The Requirement For Clarity As Set Out In The Opinion Of The Supreme Court Of Canada In The Quebec Secession Reference March 13th, 2000

moved:

Motion No. 273

That Bill C-20 be amended by adding after line 28 on page 5 the following new clause:

“4. Five years after the coming into force of this Act, the committee of the House of Commons that normally considers matters relating to intergovernmental affairs shall undertake a comprehensive review of the provisions and operation of this Act, and shall within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.”

An Act To Give Effect To The Requirement For Clarity As Set Out In The Opinion Of The Supreme Court Of Canada In The Quebec Secession Reference March 13th, 2000

moved:

Motion No. 220

That Bill C-20 be amended by adding after line 28 on page 5 the following new clause:

“4. Section 2 shall come into force on the day that is ten years after the day on which this Act is assented to, and sections 1 and 3 shall come into force on the day that is four years after the day on which this Act is assented to.”