House of Commons photo

Crucial Fact

  • His favourite word was quebec.

Last in Parliament October 2000, as Bloc MP for Portneuf (Québec)

Won his last election, in 1997, with 43% of the vote.

Statements in the House

Canadian Human Rights Act May 30th, 1995

moved that Bill C-248, an act to amend the Canadian Human Rights Act, the Canada Labour Code and the Public Service Employment Act (whistleblowing), be now read the second time and referred to a legislative committee.

Mr. Speaker, the purpose of Bill C-248 is to protect against retaliation employees acting in good faith and in the public interest who report reprehensible practices by their employers, particularly when public health and safety are at issue.

This bill applies solely to public sector employees under federal jurisdiction. It is based on two fundamental principles.

The first principle is to encourage federal public servants to report institutional or individual actions or practices that would cause a specific and substantial danger or prejudice to public health, safety or welfare, or entail considerable or unjustified public spending.

The second principle without which the first one cannot be serviced is the protection of employees against employers' reprisal measures in retaliation for disclosures done in accordance with the bill's provisions.

Implementing the two principles underlying this bill requires a dual mechanism. The legislation must provide, first, for the filing of complaints and then, of course, for the protection of employees. To that end, Bill C-248 proposes an amendment to the Canadian Human Rights Act that would give the commission responsible for enforcing this act the power to receive and examine complaints of illicit practices and to rule on their admissibility.

In addition, Bill C-248 would empower the commission to cancel any retaliatory action by an employer against a whistleblower acting in good faith.

Bill C-248 answers the expectations of Canadian citizens and of many Canadian organizations.

The people want the federal government to reduce waste and end all illicit practices. To them, it is a matter of government openness and federal institutional ethics.

Allow me to quote from the 1995 auditor general's report: "Canadians are concerned about integrity in government and they have the right to expect the highest ethical standards in their governments. Leadership by members of Parliament, ministers, and deputy ministers is critical to maintaining ethical standards and performance in government".

And the auditor general adds, and I quote: "If Canadians do not trust their governments to act ethically, governments will find that their actions have less and less legitimacy and effectiveness. Thus, we believe that it is important to discuss the ethics in government and to take action to maintain and promote ethics in government".

You can see why Bill C-248 now before us is a good bill for the government, for its employees and particularly for the public. I would like to comment briefly on the various clauses of the bill.

Let us first consider the first six clauses of the bill. The purpose of these provisions is to amend the Canadian Human Rights Act. Clause 1 would add a new provision to the Canadian Human Rights Act, by which it would become a discriminatory practice to discharge, suspend or impose a financial penalty on an employee, or to directly or indirectly differentiate adversely

in relation to an employee in retaliation for a disclosure in connection with a complaint made in good faith by the employee pursuant to the provisions of our bill.

The same clause also suggests that an employee shall be presumed not to act in good faith where, in making a disclosure, the employee violates any act of Parliament or rule of law protecting privileged communications, unless the employee can prove on a balance of probabilities that the violation was prompted by reasonable concerns for the public health or safety.

In clause 2, we propose that section 40 of the Canadian Human Rights Act be amended to encourage employees who have reasonable grounds to do so to bring their concerns regarding employer misconduct to the Canadian Human Rights Commission. The commission would be required to maintain a confidential registry of all complaints.

Clause 3 proposes to amend section 53(2) of the Canadian Human Rights Act in order to empower the Commission to roll back retaliatory measures by an employer against a whistleblower when the human rights tribunal deems it appropriate.

Clause 4 proposes to add to the Act a new section stating that no person shall discharge, suspend or impose a financial penalty on any employee in retaliation for a complaint or for a disclosure.

Clause 5 proposes to amend section 60(1) of the Act to include a reference to the new section 59.1 so that a person who contravenes this new section would be guilty of an offence for which he would be liable on summary conviction to the punishment set out in the Act.

Clause 6 proposes to replace paragraph (3) of section 61 of the Act by new paragraphs (3) to (7). Where a tribunal established by the Commission finds that a complaint is substantiated or that there are reasonable grounds to believe it true, these paragraphs would compel the Commission to report the finding to the Speaker of the House so that he may refer it to the appropriate committee.

Clause 7 proposes an amendment to the Canada Labour Code. This clause would amend the Canada Labour Code by adding two paragraphs after subsection (1) of section 240. These two paragraphs stipulate that retaliatory discharges for bona fide whistleblowing shall be considered unjust dismissals for the purposes of that Act.

Finally, clause 8 proposes an amendment to the Public Service Employment Act. Under this clause, the oath or solemn affirmation taken by a public servant in respect of his employer would be qualified as follows: it shall not be deemed to be a breach of the oath or solemn affirmation for an employee to make a disclosure in good faith regarding the employer's misconduct.

Since the first reading of the bill in May 1994, which was a year ago, several organizations representing some 200,000 federal civil servants have contacted my office to offer support as well as valuable comments.

Various organizations have commented that the bill should contain stronger measures. One of the areas they singled out was complaint registration. I will elaborate on these improvements later.

In its recent publication, Breaking the Silence , the Professional Institute of the Public Service of Canada stressed the urgency of bringing in an initiative like Bill C-248.

In its report called "In the Public's Interest", which was a summary of what its membership said at its hearings, the Public Service Alliance of Canada, which alone represents over 150,000 public servants, also recommended implementing a measure like the one contained in this bill.

It is also worth noting that parliamentarians and political parties have also spoken in favour of legislation in the area mentioned above. For example, during the 34th Parliament, a New Democrat member introduced a bill, which made it to second reading, which was for all intents and purposes equivalent to Bill C-248. At that time, two Liberal members, one of them the ethics critic, the other, human rights critic, enthusiastically supported the principles in the bill. The bill was debated in February 1992.

Might I add that in 1991, the official opposition's critic for government administration declared that it was imperative to implement a policy to adequately protect public servants who bring wastage to the light of day. In the past, hon. members like the former Liberal who is now a senator, Jean-Robert Gauthier, the former New Democrat member for Skeena, Jim Fulton, and the former Conservative minister, Alan Redway, all proposed, in one form or another, legislative measures along the lines of Bill C-248.

For its part, the Reform Party has always insisted on transparency in the federal government and the elimination of waste of public funds. In this regard, the Reform member for St. Albert said the following on May 11 in the House in a question to the President of Treasury Board:

Given the fact that a notable proportion of public servants would not report such unethical behaviour, will the government introduce legislation to protect whistleblowers?

My colleague from the Reform Party was referring to chapter 1 of the latest auditor general's report which indicates that public servants are somewhat fearful about reporting practices that contravene the government's ethics guidelines.

The members of our political party, the Bloc Quebecois, at its first general council on June 18, 19 and 20, 1993, recommended to the parliamentary wing that it ensure legislation providing for protection of public servants who blow the whistle be tabled in the House as soon as possible.

It therefore appears that all parties in the House have in recent years or weeks given their support to a measure like the one proposed by Bill C-248. Hence there is ample reason for the House to consider Bill C-248 as votable.

However, to make the bill votable requires unanimous consent of the House. Without unanimous consent the bill, which is really expected by the Canadian public, will not go any further.

This means, therefore, that, without the unanimous consent of this House, unions, management, organizations, groups, in fact everyone will be prevented from expressing their opinions on the measures proposed in Bill C-248.

Acknowledging the unanimous support of all parties for a number of years relative to the necessity of the whistleblowing legislation, acknowledging also the obvious necessity of legal protection for good faith whistleblowers, and acknowledging the inescapable necessity for the bill to be votable if it is to be discussed in committee before coming back at third reading, I will ask members of the House to unanimously accept the bill as votable. I will make the request prior to the end of this period.

Supply May 18th, 1995

Madam Speaker, I took the liberty of jotting down a few points while the minister was speaking. I must say he has given us an extraordinary lesson on aboriginal culture, and so we have not really completely wasted our time, since, let there be no doubt, we have a lot to learn from this culture.

You see, our purpose today was not to talk about aboriginal culture, which has its merits, but to talk about the money the federal government owes the Government of Quebec. It is just money, nothing important. It is just money after all. It does create a few minor problems, however. It is easy enough to say: there was a crisis at Oka, which is in Quebec, so it is not a big deal; Quebec can pay the costs or take the matter to court. Whose responsibility was it to deal with the native people? The federal government's. Now if I have properly understood the minister, given that the native culture has so many fine qualities, if the native people got angry at some point, it was because the federal government had not done its job. If it did not do its job, it has to assume the consequences.

So you see the matter is a simple one. The minister says that federal money would be used to reimburse the Government of Quebec for what it paid out. Yes, but, there is a problem here. There is a fundamental error in logic. It is not federal money, it is taxpayers' money. While the Liberal government may have red on its banner, it is not wearing a Santa Claus suit. It does not print money. It gets its money out of the taxpayers' pockets. Try asking the Minister of Revenue to wait two or three or four years for his tax money, try saying to him: "We will go to court, and it will get settled that way". It could create a few problems for any taxpayer foolish enough to try.

No, it is not federal government money, it is taxpayers' money. The shoe starts to pinch when Quebec taxpayers have to pay twice-once when they pay their federal share and once when they pay the provincial government. Who is supposed to pay the costs the federal government is responsible for? Good heavens, the logic is simple. It is the logic of integrity. It is the logic of honesty. It is the logic of "I paid out money for you under an agreement, I sent you the bill for it, you agreed to pay it-well, pay it then". What was the answer to this? It was: "See you in court. We want all the details on these invoices". Well, good heavens-I certainly could not talk about good faith here.

I would be tempted to suggest to the Quebec Minister of Revenue that he set aside from the GST money he collects an amount equal to what the federal government is refusing to pay, in the form of a guarantee. Once the federal government pays its bill, the Minister of Revenue will release the money. If this is the sort of language we have to use, then this is the way we will have to put it: $300 million out of $400 million.

The minister says: "Mr. Cliche, in Quebec, has offered aboriginals $400 million". He forgot to say that $300 million came from the federal government, in fact not from the federal government but rather from the taxpayers. If the federal government is so broke that it has to squeeze tax dollars out of taxpayers and cannot afford to hand over that money to Quebec, then it should separate from Quebec. Quebec then would be able to pay $300 million out of those $400 million since it would save a tidy sum of $30 billion.

The minister was very nice in his speech, very kind. Unfortunately, he did not address the motion before the House. To conclude, I have this question for the minister. In his speech, the minister said right from the start that they were going to vote against the Bloc's motion. Could he tell us therefore what we are doing in this place all day long? Is it an exercise in futility? Those people say from the outset that they are not going to listen, that they are going to vote against the motion. Are we wasting our time? No, we are not wasting our time because those who are watching us on television will know the truth and have a very good reason to resolve the issue this fall by voting in favour of Quebec's sovereignty and making Quebec a winner.

Telecommunications May 15th, 1995

Mr. Speaker, that is a very interesting explanation, but let us look at the facts. And, given the appearances, the minister should find this case indecent.

Does he not find it indecent that Power DirecTV, a company owned by the Prime Minister's son-in-law, not only tried to instruct the government on how to settle an issue to its satisfaction, but that worse yet, the government, we have every indication to believe, scrupulously followed its orders and issued a decision tailored to the requests of the company?

Mr. Speaker, my question is for the Prime Minister.

Telecommunications May 15th, 1995

Mr. Speaker, my question is for the Minister of Industry.

Another item to add to the Power DirecTv file is the submission this company made to the government dictating the steps to be taken to reverse the CRTC's decision allowing Expressvu to begin broadcasting as early as next September but not Power DirecTv.

Will the Minister of Industry admit that he received Power DirecTv's submission and that he dutifully followed all of the instructions contained in the document, which demanded that

the order be tabled in the House before April 24 to prevent Power DirecTv from being put at a disadvantage?

Working Language In The Public Service May 8th, 1995

Mr. Speaker, I appreciate the good will demonstrated by the President of the Treasury Board but there are other problems. I will point out to him that the Commissioner of Official Languages also confirmed that French was hardly ever used in written communications between public service employees in the national capital region.

How can the President of the Treasury Board tolerate that, in the federal capital, only one out of ten French speaking employees can use French in written communications?

Working Language In The Public Service May 8th, 1995

Mr. Speaker, my question is for the President of the Treasury Board.

Last Friday, in response to a question we had put to him, the Secretary of State for Parliamentary Affairs said that, upon returning to the House, the President of the Treasury Board would be able to provide us with an answer regarding the damning statistics on the working language of public service employees in the national capital region. Indeed, the latest report released by the Commissioner of Official Languages shows that only 44 per cent of francophone federal employees in the Ottawa-Hull area are able to work in French when not dealing with public inquiries.

How can the President of the Treasury Board not see in the fact that only 44 per cent of francophone federal employees in the national capital region are able to work in French an utter failure of institutional bilingualism?

Commissioner Of Official Languages May 3rd, 1995

Mr. Speaker, the Commissioner of Official Languages made a surprising statement last week when he maintained that Quebec violated the Official Languages Act by failing to offer courses in English to immigrants through its Centres d'orientation et de formation des immigrants.

Yesterday, when he appeared before the joint committee on official languages, the commissioner admitted his mistake. He had no jurisdiction in this case and agreed that Quebec's immigration policies did not in any way violate the Official Languages Act.

The commissioner should concentrate on telling federally regulated corporations to get their act together, including regional carriers affiliated with Air Canada and the Canada Post Corporation.

The commissioner should also put more pressure on provincial governments that continue to deprive their francophone residents of the educational facilities to which they are entitled.

Lobbyists Registration Act May 1st, 1995

Mr. Speaker, I listened to my colleague's opinion on lobbying and I realize that lobbying is a legitimate activity. Parties with interests at stake have the right to heighten the awareness of others to them. What is not right is carrying on these representations secretly, furtively, which can in no way serve the public interest.

My colleague mentioned in his speech that the legislative branch, the House of Commons, has a role to play. And I, as an MP-this needs to be said-often get the feeling that outside influences, especially from high finance, force a decision to go a certain way, and they leave no trace leading to the truth or even to information which would shed some light on what is being hidden behind the masks and the empty gestures.

For two weeks, several questions have been asked in this House regarding who is responsible for the satellite broadcasting issue, and, overall, the issue is extremely clouded.

Therefore, we do not want to prohibit lobbying but to make it transparent so that the House can really protect the public's interests.

I would like my honourable colleague to respond to the comments I have just made.

Telecommunications May 1st, 1995

Mr. Speaker, in view of the direct involvement of the Prime Minister's son-in-law, in view of the millions of dollars at stake and in view of the serious allegations as to the role of the Prime Minister's office in the Power DirecTv matter, will the Prime Minister agree to table in this House the memorandum in which he insisted he not be involved in this matter in order to avoid any conflict of interest given his son-in-law's interests in Power DirecTv?

Telecommunications May 1st, 1995

Mr. Speaker, on Friday, the Minister of Industry acknowledged that Eddie Goldenberg, the Prime Minister's senior adviser, had communicated two things to him, and I quote: "-that the Prime Minister did not want to be involved in any way in the matter, and neither did he". Not long before, however, the Minister of Industry had said he had kept Mr. Goldenberg informed of all developments concerning Power DirecTv.

How does the Prime Minister explain the Minister of Industry's regularly informing his senior adviser, Eddie Goldenberg, of decisions concerning Power DirecTv, after Mr. Goldenberg had said he did not want to be involved in the matter in any way?