Raymond Chan

[Oceans Act, September 29th, 1995]

Mr. Speaker, I thank the hon. member for his question. I will respond to his concern that I was pointing to the alliance between the separatists and the Reform Party. When the separatists propose to separate the country, the onus is on the separatists to demonstrate why they want to separate. What we have to offer is Canada which has been regarded by the UN as the number one country to live in and so on.

During debate today a Bloc member tried to praise the Reform Party because of its tactics and so on, and there was applause from the member's benches. That is what triggered my comment. I hope I have answered that part of the question.

On the decentralization process, during the process of refining government actions the government has been negotiating with provincial governments on all sectors, trying to reduce redundancies and trying to make things more efficient.

The same is true with the oceans act. We are proposing a partnership to bring people together, the provincial side, the private sector and the federal government, to find ways to simplify and to promote harmony in our policies.

I would be glad to support the bill and I hope we will get the support of the Reform Party too.

[Oceans Act, September 29th, 1995]

You were not here to hear the praise that was offered by that party.

As an immigrant I came to this country at the age of 17. My family went to Hong Kong and I came from Hong Kong to Canada. I came to Canada as it is. To hear the separatists day in and day out in the House trying to destroy the country that I came for is very sad.

There is also another point. The hon. member from the Bloc was talking about the provincial rights the bill infringed upon. This is not true. There is no change with respect to provincial rights. Where a province has rights today it will continue to have rights after the bill is law.

What all provinces and territories along our coast will gain is the federal government's commitment to work together with them to ensure an integrated approach to providing greater protection of our marine environment, improve the management of our ocean resources, and ultimately better economic opportunities for our coastal communities. The Bloc's accusations are not true.

I am pleased to join my colleagues and members of the House in the second reading of the oceans act. I rise today in support of this legislation, which will establish major new rights over the oceans that surround our country. Canadians pushed hard in the councils of the world for the opportunity to establish these rights. The new zones grant Canada powers that go well beyond the powers our country asserted in the past.

As the Minister of Fisheries and Oceans said, Canadians are not naive. We know that the oceans act will not forever end maritime disagreement with other countries. There are undoubtedly bound to be some problems in the future with our circumpolar and Pacific and Atlantic friends and neighbours.

What the act will do is put in place a clear definition of jurisdiction that is fully supported by global agreement. The world recognizes Canada's jurisdiction over Canadian waters and now we must continue to work hard. With ownership comes both opportunity and responsibility. With jurisdiction comes stewardship. With respect for the efforts of the past comes respect for the needs of the future.

For all of the excellent co-operation that went into establishing oceans jurisdiction, the truth is that Canada's policies for actual management of oceans were fragmented. The same spirit of partnership, co-ordination, co-operation, and innovation that enabled Canada to gain authority over ocean resources must now be used to manage those resources.

We have before us the task of making sure that the pieces all fit together: conservation and commercialization, deep ocean research and cold ocean rescues, emergency responses and sustainability, navigational safety and national security, national goals and re-

gional initiatives, resource restoration and job creation, inspection and protection.

There are pieces of the puzzle that seem to grow larger and larger in size and importance: climate change, ecotourism, aquaculture, Arctic pollution, interrelationship of species, expanding human population, new technologies.

The oceans themselves are constantly fluctuating. They are independent, living ecosystems. Yet they are interconnected and linked with one another and with the entire global environment. Just as in the tropical rain forests, there are yet unknown medicines to be found in the oceans and yet unknown dangers to be faced.

The oceans act defines a new vision for Canada's oceans. It allows for the development of a new management regime to protect its oceans. This is a regime based on co-operation, collaboration, and partnership. It allows the Minister of Fisheries and Oceans to enter into collaborative agreements and partnerships with all stakeholders to implement this ocean management regime.

The oceans act does not attempt to create a fully developed ocean management strategy. It recognizes that we must work collectively. The bill before members of the House of Commons creates the jurisdictional foundation and some of the policy framework so that all Canadians can build the strategy together.

We must have a better understanding and knowledge of the oceans. Science must be multi-disciplinary. Partnership across organizations and disciplines and sectors of society is essential. Precisely because our ocean jurisdiction is so huge, our ocean sciences must be on the leading edge. Better information is essential for better decision making. Better science is essential for economic viability and ecological sustainability. Canada's credibility in future ocean negotiations and future ocean trade will depend on the quality of our science.

The oceans act is tailored to increase, co-ordinate, and disperse scientific, environmental, and management information relating to our oceans and their resources. Marine resource management will be an important policy element in the building of a successful oceans strategy. Traditionally governments have carried out their responsibilities in consultation with stakeholders but not in partnership with them. The distinction is critical.

The old way must change and it is changing. The Atlantic Fisheries Resource Conservation Council now brings together industry, academia, and government to make recommendations on fishery conservation and the federal government now follows through on those recommendations. The time has come to expand such partnerships beyond fishery conservation, and the oceans act makes it possible to expand partnerships even further to encompass marine plants, underwater exploration and seabed mining, and a vast range of development activities that could impact in a marine environment.

A key element of an effective oceans strategy must be the consideration of environmental consequences in management decisions. It will take time, effort, and compromise to accomplish this, but Canada needs a functional ecosystems approach to oceans policy. Such an approach must converge across lines of jurisdiction and economic sectors. The issues of environmental concern must be addressed through a range of tools, including coastal zone management, pollution prevention, and marine environmental quality indicators and guidelines.

Another key element of a successful oceans strategy is the facilitation of marine trade commerce and development. It goes without saying that icebreaking, fish inspection, marine navigation services and ocean mapping have priorities in ocean trade and commerce. So do new ocean laboratory partnerships, technology development, regulatory harmonization, and resource assessment. This synergy of collective interests and integrated capabilities is recognized in the act and is exemplified in the new Department of Fisheries and Oceans.

The increase in Canada's oceans jurisdiction marries well with the merger of the Canadian Coast Guard and the Department of Fisheries and Oceans. The new organization will comprise the principal civilian marine operational component of the Government of Canada. We will be able to realize efficiencies, streamline operations, integrate the operation of the coast guard and fisheries fleets, and promote multi-tasking. All of this will help us to work more effectively to provide high national standards and effective services.

For years we have supported commercial enterprises in the Arctic. We have ensured and will continue to ensure the safe movement of millions of dollars of cargo through ice filled waters and have provided sophisticated analysis in the operation of the St. Lawrence.

Commercial enterprises must have easy access to government data and we have to ensure that new ideas and technologies are transferred form government researchers to the private sector.

The expertise that Canadians have developed in forging oceans policy can be and should be the backbone of extraordinary new global market opportunities. That leads directly to a key element of an oceans management strategy, international relations. From the days when others denied John Cabots's discovery of the new world to the days when others denied Canada's right to protect the turbot, international relations have been centre stage in Canada's maritime saga. Canadians have shown that fisheries conservation will never be sacrificed on the altar of economic trade or political relations. We have shown that conservation is not a bargaining chip in a larger game. Our responsibility now is to make this legislation the turning point in our approach to all international ocean issues.

Canadians need to establish a strong and credible international strategy to carry our messages on marine pollution from ships, on the control of ocean dumping and coast zone management with our neighbours. Circumpolar oceans management, spill response assistance, international shipping, offshore energy, precise territorial boundary delineation, and emerging high seas issues will all require thoughtful leadership by Canadians globally and thoughtful examples by Canadians domestically.

Support from all Canadians for Canada's international actions is of enormous importance. I look forward to the active involvement of Canadians in forging Canada's position on emerging global ocean issues.

As the minister stated on Tuesday, the oceans act signals renewed federal leadership for oceans management. It signals the federal government's commitment to a comprehensive and co-operative approach to oceans policy. It signals that shared information, shared planning, and shared oceans stewardship are the wave of the future. It signals that Canada and Canadians are prepared to act in making the most of our ocean assets, opportunities, and obligations.

[Oceans Act, September 29th, 1995]

Mr. Speaker, I have been sitting here listening to the complaints of the hon. member of the Bloc, the official opposition.

There are two points I should like to clear up before I deliver my speech. It is sad for me to see in the House that both the Bloc and the third party are seeking an alliance and to see the Reform Party trying to ask for friendship from the separatists. I could not take that.

[Corrections And Conditional Release Act, September 28th, 1995]

Mr. Speaker, it is not true the government has not done anything for victims. Legislation is in place or in process dealing with restitution for victims of crime and helping them in different areas. It is incorrect for him to make that kind of statement. Treatment is so important in the prevention of crime. Sex offenders vary in the degree of their sickness and they need different types of treatment. A blanket coverage of just putting them all in jail forever or not give them conditional release, so they could be treated before they are released into the public is pure irresponsibility.

[Corrections And Conditional Release Act, September 28th, 1995]

Mr. Speaker, I rise to address the House about a critically important public safety issue and to outline some of the measures the Government of Canada has initiated in response to our commitment in the red book to ensure safe homes and safe streets.

All of us are painfully aware that the issues related to the management and treatment of sex offenders in federal correctional institutions are very much of public concern. Media attention and public outrage over violent crimes committed by sex offenders on conditional release have heightened fears about public safety.

During the summer I had extensive consultations with my constituents in Richmond. I went to the bus stops and the shopping malls to speak with my constituents. Sure enough, the number one concern of my constituents was with crime issues. Last year I did the same thing, I reached out to the constituencies, and their concern was with the debt and deficit. I suppose this year, because of the works of our government, the debt and deficit are under control. Now their concentration is on crime issues.

It is imperative that the Government of Canada take action to restore the public's confidence concerning the management and treatment of this group of offenders. I am confident the provisions contained in Bill C-45 as well as a number of criminal justice rights initiatives taken by the government would go a long way to restoring the public's confidence in Canada's criminal justice and correctional system.

The issue of high risk sex offenders is a complex problem, which has many facets. It would be unrealistic to expect a simple solution. The problem requires a comprehensive approach involving all jurisdictions and agencies, both governmental and non-governmental, in criminal justice and corrections. The Canadian government recognizes this and has taken leadership to gain the support of all parties concerned toward achieving a mutual solution.

At the federal and provincial levels there has been much discussion about this issue among ministers responsible for justice and corrections and a number of actions have already been announced. Among these was the announcement by the solicitor general last March of the establishment of a national flagging system using the Canadian Police Information Centre to help crown attorneys better identify high risk violent offenders at the time of prosecution. This system, along with the project now under way called the crown file research project, will assist prosecutors with decisions regarding prosecutions and charging strategies, including whether to bring a dangerous offender application against an individual. If a person is ruled by the courts to be a dangerous offender, an indefinite sentence of incarceration can be imposed.

Both these actions were recommended by the federal, provincial and territorial task force on high risk violent offenders which released its report earlier this year. The government is also addressing other important recommendations outlined in the report. For example, legislative changes are being examined which would make it easier for crown attorneys to make use of the existing dangerous offender provisions in the Criminal Code.

The provisions would be strengthened by making an indefinite sentence of incarceration the only sentencing option for those found by the court to be dangerous offenders, providing for new expanded presentence risk assessments in place of the current requirement for the evidence of two psychiatrists and the creation of a new category of long term offender, which would give the courts a new sentencing option for this group. This would require the long term supervision of the offender for up to 10 years following the end of the penitentiary term.

In addition to the work of the task force, the amendments to the Corrections and Conditional Release Act contained in Bill C-45 include other important changes which would tighten the legislation to ensure greater public protection. Principal among these are changes to detention provisions as they relate to sex offenders who victimize children. The amendments will eliminate the current serious harm criterion for this group of offenders.

Research has shown that the harm caused to children by sex offenders may not manifest itself until later in life. Therefore, because it is so difficult to draw a direct relationship between the offence and the consequent harm done, sex offenders often fall through the cracks when it comes to deciding whether they should be detained until the expiry of their sentence. The changes in Bill C-45 will close that gap by removing the requirement to determine whether serious harm occurred in sex offences involving children.

In the area of federal corrections much has been done to make the system more responsive to the demands for increased attention to public safety. Correctional Service Canada has experienced rapid and unprecedented growth in the number of sex offenders in its custody. The rate has been quite disproportionate compared to the overall increase in the federal inmate population.

In the past 10 years the number of sex offenders in federal penitentiaries has grown at a faster rate than any other group. From December 1990 to December 1994 the number of sex offenders under the jurisdiction of Correctional Service Canada increased by almost 50 per cent, while the total population increased by 10 per cent. In 1984 they represented little more than 7 per cent of the total federal inmate population. Today, however, nearly one-quarter of the incarcerated population and 17 per cent of the supervised

population are sex offenders. As of January 1995 there were an estimated 4,900 with sexual related offences in their sentences.

This increase is the net result of a number of factors. Ten years ago about 14,000 reports on sex offences came to the attention of police each year. Today police receive more than 30,000 such reports annually. The police have become better trained in investigative procedures determining the profiles of sex offenders and in their sensitivity to victims.

As well, attitudes have changed. Victims are much more willing to come forward. We have seen cases being prosecuted that occurred almost 30 years ago. There have been legislative changes resulting in new offences that were not investigated or prosecuted 10, 20 or 30 years ago.

Our society has seen decreased tolerance. The length of sentences being imposed by the courts has also increased. In 1991 the average length of sentence for sex offenders was 4.2 years. Today it is well over five years on average.

The trend therefore is that more sex offenders are entering the federal correctional system. They are staying longer and many are quite likely to be detained until the expiry of their sentence.

Of the 555 offenders detained today, 60 per cent are sex offenders. Correctional Service Canada, therefore, has had to respond to this dramatic increase by quickly expanding its treatment capacity from less than 100 offenders 10 years ago to more than 1,800 today.

This year it will increase to over 2,200. The correctional service has also increased the amount of money devoted to this area of treatment during the past five years. Expenditures in the coming years will increase by another $1.3 million in addition to last year's estimated $11 million.

Recognizing that treatment does not stop at the front gate of a prison, the correctional service has also expanded its capacity for follow-up treatment and relaxed prevention in the community for offenders under conditional release.

Seven hundred of the eighteen hundred treatment placements currently available are being provided in the community. To its credit the correctional service with the help of many experts has developed and implemented among the best programs and risk assessment tools of any other correctional jurisdiction in the world.

In late March the correctional service sponsored a national conference on sex offender treatment in Toronto. More than 400 experts and practitioners from across Canada, as well as the United States, Belgium, New Zealand and Norway, met to share knowledge and expertise in this important area.

To ensure that the service maintains its high standard of performance, a national strategy on sex offenders has been developed which is being shared with provincial mental health and correctional agencies to achieve a national consensus on standards for the assessment and treatment of sex offenders.

It must be said, however, that experts and practitioners the world over do not claim there is a cure for sex offenders. There is no single cause for this form of deviant behaviour and there is no single approach to treatment.

Instead there is a need for a continuum of treatment from intensive to intermediate to low intensity and a strong emphasis on managing risk through relaxed prevention. The latter involves teaching these inmates to recognize the factors that led to the commission of their crimes as well as avoidance and coping techniques for dealing with high risk situations. Even though the treatment programs and assessment tools are acknowledged to be among the best in the world, the state of knowledge unfortunately is not 100 per cent perfect, and it is unlikely it will ever be.

Sex offenders are not a homogeneous group. The nature of their offences vary. Their treatment needs vary. Their security levels vary. Not all sex offenders pose the same risk to the community when they are released. The majority of them will be released eventually whether under some form of conditional release or on expiration of their sentences.

The correctional service has conducted a number of follow-up research studies to acquire a better understanding of the rates of reoffending for treated and untreated sex offenders. It is too early to draw any firm conclusions, but by and large sex offenders who have participated in treatment programs have a greater probability of success than those who are untreated.

A three-year follow-up of nearly 1,200 sex offenders released from prison between 1985 and 1987 revealed that 6 per cent were readmitted for another sex offence. Almost 14 per cent were returned to prison for a variety of non-sexual offences and 11 per cent were readmitted for some form of technical violation of release conditions.

We know full well that statistics are of little comfort to the families of victims of these offenders in the aftermath of a tragedy. However I assure members of the House, indeed all Canadians, that tragic incidents also have a profound impact on correctional staff. It strengthens its resolve to improve the assessment procedures and the quality of treatment programs.

Real progress is being made to ensure greater protection for Canadians, especially from violent sex offenders who pose a high risk to women and children. The government has taken a very balanced approach and will continue to launch new initiatives in coming months to demonstrate its commitment to doing everything it can to make our homes and our communities safer.

[Criminal Code, June 14th, 1995]

moved:

Motion No. 24

That Bill C-41 be amended by adding immediately after line 28, on page 63, the following:

"25.1 For greater certainty, conduct that constituted an offence under the Criminal Code before the date on which this section comes into force constitutes the same offence after that date."

[Criminal Code, June 14th, 1995]

moved:

Motion No. 19

That Bill C-41, in Clause 6, be amended a ) by striking out line 4, on page 26, and substituting the following:

"prison calculated in accordance with regulations made under subsection (7), and"; b ) by adding, immediately after line 21, on page 26, the following:

"(7) The Lieutenant Governor in Council of a province may make regulations respecting the calculation of the costs and charges referred to in Clause (5)( a )(i)(B) and in paragraph 734.8(1)( b ).''; and c ) by striking out line 5 on page 30 and substituting the following:

"conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7)."

[Criminal Code, June 14th, 1995]

Mr. Speaker, Bill C-41 covers a wide range of sentencing initiatives, including provisions aimed at assisting victims of crime, improving the administration of justice in Canada and

tougher sentences for those offenders who abuse a position of trust or authority. The bill also includes harsher sentences for crimes based on hate for a particular race, nationality, colour, religion, gender, age or sexual orientation.

In discussions with constituents, by correspondence and through the electronic media I have heard from many opponents of Bill C-41. Most of the opposition regards the inclusion of the term sexual orientation in the bill. Opposition to the bill seems to be based upon fundamental misunderstandings about the intent and also the consequences of passing Bill C-41 into federal law.

Bill C-41 asks the court to take into consideration not only that a crime was committed, but that the offender was motivated by hatred against the victim based on the listed grounds which, as I have stated, include race, nationality, religion, age, gender or sexual orientation.

I have emphasized to concerned Canadians this provision of the bill comes into effect only once a crime has been committed. Bill C-41 does not create any new crimes. It does not make moral opposition to homosexuality a crime and it does not affect freedom of expression.

I have worked hard to correct the spread of misinformation by explaining to religious communities Bill C-41 will not prevent churches and religious instructors from talking about their beliefs regarding the morality of homosexuality. The bill is not creating any new hate crimes or expanding hate provisions in law.

The other major concern with Bill C-41 is that by including the term sexual orientation in federal legislation we are setting a major legal precedent. As the Minister of Justice has told the House, sexual orientation is not a new term and has been in use in Canadian legislation since 1977. It appears in provincial human rights legislation in eight jurisdictions within Canada.

Another misconception I have encountered is that by not defining the term sexual orientation, Bill C-41 will open legal loopholes that will legitimize the actions of paedophiles. Once again, the Minister of Justice has listened to this concern and has assured Canadians the term sexual orientation is included in provincial human rights legislation and that Canadian courts and tribunals have never had trouble understanding or interpreting the term which is unambiguous and does not include acts set out in the Criminal Code.

The bill makes an important statement that society will not tolerate crimes committed against individuals simply because of their race, religion, colour, gender, age or sexual orientation. Bill C-41 protects all Canadians. All Canadians have a nationality, a race, a gender, an age, a religion and a sexual orientation. Bill C-41 is an important part of the government's efforts to improve public safety, enhance the rights of victims and protect the rights of all Canadians to participate fully in the social and economic life of their country.

[Canada-United States Tax Convention Act, 1984, June 14th, 1995]

moved that Bill S-9, an act to amend the Canada-United States Tax Convention Act, 1984, be read the first time.

(Motion agreed to and bill read the first time.)

[Human Rights, June 6th, 1995]

Madam Speaker, six years ago the world watched in horror as the tragic events of Tiananmen square unfolded. For many Canadians these events changed our lives forever. They propelled us into action. We rallied, we spoke out and we made the difference.

To commemorate those who lost their lives in Tiananmen square, on May 28 I participated in a democracy walk at the University of British Columbia. I paid tribute again on June 4 at Forest Lawn cemetery in Burnaby, British Columbia. At both locations there is a statue of democracy erected by Canadians to remind us about the tragedy.

My decision to run for political office was in large part due to the events of June 1989, for as I watched Chinese men and women risk their lives for something we all too often take for granted here in Canada, I realized that I needed to give back something to the country that welcomed me with such open arms in 1969.

I am proud to say I am still fighting for human rights improvements, both in China and around the world. Unfortunately the human rights situation with regard to human rights advocates in China has not improved significantly since 1989. The recent arrest of several Chinese dissidents in the run up to the sixth anniversary of the Tiananmen square crackdown and the strict surveillance imposed on others once again demonstrates that China continues to violate international standards of human rights.

One of the most enduring values uniting Canadians is our common commitment to freedom, democracy and human rights. Respect for human rights is a key to international peace and prosperity and it contributes to a global environment within which we Canadians can best pursue our interests.

As I have long believed, the issue is how to promote most efficiently good governance and the rule of law in China.

There are a number of ways to help influence and encourage China to better respect human rights. Multilaterally we take steps in organizations such as the United Nations to make our point. Bilaterally we discuss human rights issues with our Chinese counterparts. Development assistance lets us work with China to strengthen areas vital to human rights development. Trade is also a powerful tool. It encourages co-operation, and co-operation leads to understanding and appreciation, with which we can better manage concerns such as human rights development.

Furthermore, initiatives undertaken by people like ourselves continue to emphasize to all concerned that Canadians care about human rights. Rest assured that I will continue to work for the improvement of respect for human rights and democracy in China.

As I tell both my cabinet colleagues and my Chinese counterparts, I am a friend of China. I will continue to speak out against human rights violations in China, but at the same time I will continue to work within my means as a federal minister to help China develop in a meaningful way.

Pointing out violations of human rights is essential. So too is dialogue between Canada and China. Dialogue lets China and Canada share concerns and provides the foundation to address

important issues such as human rights proactively. This is the effective way to promote change in China and this is the cause my government and I will continue to follow.