Roseanne Skoke

[Petitions, March 13th, 1995]

Mr. Speaker, I have 20 petitions containing the same subject matter. They contain 3,300 signatures from my riding of Central Nova.

The petitioners support the ownership and responsible use of firearms. They believe that there are already adequate existing laws governing the ownership, sale, use, transportation and storage of firearms. They oppose any new firearm registry or registration fees, new costs, or any further restrictions on firearms.

They ask Parliament not to enact any new firearm registration fees, costs or any further restrictions on the ownership, sale, use, transportation or storage of firearms.

I have already placed the concerns of my constituents on record today at second reading debate.

[Firearms Act, March 13th, 1995]

Madam Speaker, I rise today to debate at second reading Bill C-68, an act respecting firearms and other weapons. Bill C-68 is 124 pages long and contains 186 legislative provisions which include amendments to the Criminal Code of Canada and creates a new separate statute, the firearms act.

Moreover this bill would completely reorganize the gun control system putting provisions of a regulatory type in the proposed new firearms act while leaving the Criminal Code penalties in part III of the Criminal Code. It would also reorganize the classification of firearms and other weapons and the means by which controls are imposed on their acquisition, possession, use and transportation.

The three pillars of the existing system, controls on access, controls on particular kinds of firearms, and criminal penalties, would continue to exist but their forms would change. In particular much of the balance of the system would shift to controls focusing directly on persons rather than on kinds of firearms.

The Minister of Justice in opening the debate at second reading stage urged this hon. House to adopt the legislation in principle before sending it to the Standing Committee on Justice and Legal Affairs for detailed consideration clause by clause. The justice minister outlined three principles that motivated this government to introduce Bill C-68.

The first principle is that Canadians do not want to live in a country wherein the people feel they want or need to possess a firearm for protection.

The second principle is that if we are to retain our safe and peaceful character as a country, those who use a firearm in the commission of a crime will be severely punished. For example, those who smuggle illegal firearms, those who traffic in illegal firearms and those who profit by putting guns into the hands of criminals must know that penalties for such conduct must be certain and significant.

The third principle is that as a government we must acknowledge and respect the legitimate use of firearms by law-abiding Canadian citizens.

It would include but would not be limited to the respect for our Canadian heritage and culture regarding the traditions of hunting not only as a favourite pastime but as a very important economic activity contributing directly to the prosperity of many regions in Canada, and those whose livelihoods are solely

dependent upon firearms. Government must acknowledge and respect the use of firearms for farming, ranching and hunting. We must not interfere with this. Also to be acknowledged are those who collect firearms and those who enjoy shooting sports and so on.

The third principle in summary recognizes and respects the rights and interests of law-abiding Canadian citizens. However while these legitimate interests are acknowledged and respected, Bill C-68 requires that they be carried on in a context that is consistent with public safety.

The three principles as outlined by the justice minister are fundamentally sound. They are consistent with the objectives of good government, a peaceful and safe society and an effective response to the criminal misuse of firearms and enhanced public safety.

It must be understood that the universal registration of firearms is a fundamental strategy, a fundamental support system that the government intends to use to achieve the principles and objectives previously outlined. It is at this point that controversy and a divergence of opinion ensue in debate.

There is popular public opinion calling for more stringent gun control measures principally in reaction to recent violent crimes. On the other hand, there is also public opinion that certain restrictive gun control measures are inappropriate and will not adequately solve the problems of violent crimes.

Specifically my constituents of Central Nova have expressed to me concerns and interests regarding the effect and impact Bill C-68 and universal registration will have upon them as law-abiding gun owners. By letters, by petitions and by 800 constituents attending two separate public forums they expressed their concerns, fears and apprehensions regarding the federal government's firearms control program which was announced on November 30, 1994.

Constituents of Central Nova raised issues regarding the fundamental strategy of the universal firearms registration. The concerns raised were: first, that registration would potentially lead to confiscation of their guns; second, that registration would interfere with the property rights and charter of rights, specifically to the right to security of person and property; third, that the ownership of a gun is a right and not a privilege; fourth, they failed to see the positive effects of gun registration in deterring and reducing crime in Canada.

I trust that to satisfy my constituents' concerns the constitutional validity of universal firearms registration and prohibition will be examined and considered in the Standing Committee on Justice and Legal Affairs.

Some Central Nova constituents also raised a concern regarding the cost of registration both to taxpayers and gun owners. There appears to be much public misinformation in this regard. The Minister of Justice was quite clear on debate that the cost to gun owners in the first year of the five-year implementation period is expected to be zero. If for some reason it is not zero, it will be a nominal amount in the range of $10. The estimated cost of implementing the universal registration system over the next five years will be $85 million. This estimated cost will be reviewed in detail by the standing committee.

Potential non-compliance with Bill C-68 has been raised as an issue and how such non-compliance will be enforced. In my riding in discussing the issue of future non-compliance reference was made to past non-compliance. Reference was specifically made to the failure of police and crown prosecutors to enforce existing provisions of the Criminal Code of Canada regarding the usage of a weapon in the commission of an offence. Concern was expressed that crown prosecutors were irresponsible and failed to uphold public trust by plea bargaining and failing to enforce the existing provisions.

It should be noted that this concern is addressed by Bill C-68. Bill C-68 will toughen the penalties of the criminal misuse of firearms. With the restructuring of the Criminal Code there will no longer be plea bargaining of charges relating to the use of firearms because the penalties will be woven directly into the sections which provide for the offences themselves.

The firearms owners of Central Nova raised the concern that they were offended by having to consult the Criminal Code to determine the manner in which their private ownership of firearms was to be regulated. This concern has been addressed by Bill C-68 by the government changing the Criminal Code to toughen sanctions and by contemplating a separate statute, the firearms act, to deal with the regulatory aspects in relation to firearms acquisition, use and ownership.

Further concerns were raised in my constituency from the gun clubs and target shooters. These are highly skilled people, very law abiding and conscientious in their sport. These Canadians want to continue in those sports.

The justice minister has assured this honourable House that when Bill C-68 goes to the justice committee following second reading debate he will ask the committee to look at specific changes in the law. This is unprecedented and should be commended for being open to change and scrutiny of a government bill. The Minister of Justice stated in Hansard :

First of all, to ensure that we are accommodating all of those sporting competitions with handguns, we have already made it clear that the .22-.32 calibre Walther used by Linda Thom at the 1984 Olympics will not be covered by the ban.

We want the committee to take the advice of the International Shooting Union to determine whether there are other handguns that should be exempted so that legitimate sporting activities will not be threatened.

Second, I will ask the committee to examine the question of whether there are black powder shooting events that might be affected by this legislation. It is not our intention in any way to limit historical re-enactments with the use of reproductions. We do not believe we have done that but we will ask the committee to look specifically at that question and to let us know whether additional technical amendments are required to make the meaning clear.

Third, we will ask the committee to look at the question of relics and heirlooms, recognizing that there are families and individuals who want to pass on to the next generation firearms that they have acquired and that have a specific sentimental or historical value to the family. That should be respected. We will ask the committee to fashion a way to allow it to happen consistently with the imperatives of public safety.

These three items were of concern to my constituents of Central Nova. I am satisfied that the justice minister will see that they are properly addressed.

The Minister of Justice stressed that Canadians will have the opportunity to make their views known when the legislation is reviewed by the House of Commons Standing Committee on Justice and Legal Affairs. I trust that the concerns of my constituents will be addressed. I urge all my constituents to partake in the legislative process by making their views known to the House of Commons committee.

[Petitions, February 28th, 1995]

Mr. Speaker, the third petition contains 107 signatures. Twenty-five signatures are from Edmonton, Alberta and 82 signatures are from Nova Scotia, including Digby county.

The petitioners pray and request that Parliament not amend the human rights code, the Canadian Human Rights Act or the charter of rights and freedoms in any way that would tend to indicate societal approval of same sex relationships or of homosexuality, including amending the human rights code to include in the prohibited grounds of discrimination the undefined phrase of sexual orientation.

I concur with this petition.

[Petitions, February 28th, 1995]

Mr. Speaker, the second petition is presented on behalf of 26 constituents of Digby county, Nova Scotia.

The petitioners pray that Parliament ensure that the present provisions of the Criminal Code of Canada prohibiting assisted suicide be enforced vigorously and that Parliament make no changes in the law that would sanction or allow the aiding or abetting of suicide or any activity designed to terminate human life.

I concur with this petition.

[Petitions, February 28th, 1995]

Mr. Speaker, I have three petitions pursuant to Standing Order 36. On behalf of 72 constituents in Nova Scotia and New Brunswick, I wish to table a petition with respect to the subject matter of GST and income tax.

[Pictou Landing Indian Band Agreement Act, February 16th, 1995]

Madam Speaker, I rise to address the House on third and final reading of Bill C-60, the Pictou Landing Indian Band Agreement Act.

As the member of Parliament for Central Nova, on behalf of the Pictou Landing Micmac First Nations people in my riding, I thank hon. members for their support of this bill at second reading and in committee. I am certain that the more than 400 Pictou Landing Micmacs appreciate your support in helping to bring much awaited certainty to their lives.

This may appear to be a minor piece of legislation but it is very important to the First Nation concerned. Therefore it deserves quick passage through Parliament.

Bill C-60 is important for three reasons. First, the bill will ensure that claims by members of the First Nations related to the effluent treatment system at Boat Harbour are to be directed to a fund established for that purpose under the agreement. As a result it will protect both the Government of Canada and the Pictou Landing Micmac from further claims.

Second, Bill C-60 will ensure that the Pictou Landing Micmac are responsible for managing the settlement money that has been and will be paid out by the federal government.

Third, Bill C-60 will confirm that the Government of Canada intends to live up to its commitment to aboriginal people, including commitments made by previous governments.

Hon. members from all sides should recognize that the settlement agreement with the Pictou Landing Micmac is already well on its way to full and complete implementation. We are not being asked today to approve new arrangements, to make new commitments, or to break new ground. We are being asked to live up to outstanding commitments that have been made by the Government of Canada to the Pictou Landing Micmac of Nova Scotia. Living up to that commitment is very important, so important is it that this government put it in writing in an agreement.

In our red book we mapped out our intention to build new partnerships with aboriginal people. Today we are being asked to live up to that pledge, not just for the Pictou Landing Micmac but for all aboriginal people. Specifically, this bill asks us to take appropriate action to protect both the Government of Canada and the First Nation from further claims related to the Boat Harbour effluent treatment system.

Madam Speaker, let me tell you a little more about Boat Harbour back when. Imagine a picture with rolling hills dipping to the ocean, sandy beaches, boats drifting by with multitudes of fish in the ocean and majestic black cormorants nesting in

Pictou Harbour. I hope this image will bring you and my hon. colleagues closer to Pictou Landing and closer to the understanding of the importance of this bill, because in spite of this picture just painted this is not the Boat Harbour that exists today.

For more than two decades treated effluent from Scott Pulp and Paper Mill at Abercrombie Point has been released into Boat Harbour, less than half a kilometre from the Pictou Landing Micmac community. This has had a serious and negative impact on the environment and on the quality of life on the reserve and in the surrounding communities in Pictou County.

Now Boat Harbour is an industrial effluent treatment facility operated by the province of Nova Scotia. It serves the nearby Scott Maritimes Limited kraft paper mill. Boat Harbour is adjacent to Pictou Harbour, about 150 kilometres northeast of Halifax.

The Boat Harbour holding pond was created by blocking the entrance of a former tidal estuary to the Northumberland Strait. Boat Harbour is currently surrounded by provincial crown land and the reserve lands of the Pictou Landing Micmac.

It bears repeating the First Nation was not happy about this effluent treatment system when first approached in 1966. It agreed only after intense lobbying by Nova Scotia.

The damming of Boat Harbour permanently raised the level of the harbour and flooded approximately 12 hectares of reserve land. The harbour became devoid of oxygen almost immediately after the treatment facility commenced operation.

Over the ensuing 12 years the First Nation made a number of representations to the Government of Nova Scotia seeking compensation for damage to its land and for the flooding.

Although the province made improvements to the treatment facility, it ended negotiations with the First Nation in 1982 by refusing to recognize its claim. The Pictou Landing Micmac then entered the federal government's specific claims process. In 1986 the First Nation filed suit against the federal government alleging breach of fiduciary duty.

Boat Harbour has been lost as a source of food for the Micmac. For the past 25 years this First Nation has also had to forego hunting, wildlife harvesting and other benefits on some 12 hectares of flooded reserve land.

As a result of the federal government's fiduciary responsibility to the First Nation people the government reached an out of court settlement with the First Nation that has avoided a potentially lengthy and costly legal battle. Now it rests with this hon. House to bring this chapter in the government's relations with the Pictou Landing Micmac to a close. There should be no hesitation to do so by the hon. House.

As my hon. colleague the Parliamentary Secretary to the Minister of Indian Affairs and Northern Development pointed out at second reading, Bill C-60 is very straightforward.

The settlement agreement ratified by community members in a 141 to 25 vote in the summer of 1993 is a $35 million settlement which includes a $20 million compensation package; $8 million was earmarked to be distributed among the members of the First Nation for individual compensation. Much of this money has already been paid out; $9.725 million was placed in a continuing compensation fund to address special claims by members of the First Nation related to the Boat Harbour environmental problem; $2.275 million was allocated to support projects that would benefit the First Nation, including the building of a multi-purpose recreational centre and the establishment of a Pictou Landing economic development promotional package. This money is intended to compensate the members of the First Nation for general impact associated with the Boat Harbour facility.

The remaining $15 million in the settlement has been directed into a community development trust fund that will enable members of the First Nation to relocate if necessary. This fund is being administered by the First Nation and will ensure that the First Nation and its members will be able to protect themselves from any future health effects from Boat Harbour.

This bill accomplishes two basic objectives, both of which are in the interests of the First Nation, the federal government and the Canadian taxpayer. The first objective is to ensure that the $35 million settlement fund that has been agreed upon will be the full amount for which the Government of Canada will be liable related to the Boat Harbour effluent treatment system.

As the House has been previously informed, about 80 per cent of the settlement funds have already been transferred to the First Nation. In turn, the First Nation has paid out most of the $8 million earmarked for individual compensation to eligible members.

Any claims over and above this amount will be addressed through the $9.725 million continuing compensation fund. The Pictou Landing Micmac have also been using the $2.75 million allocated to the band compensation and development account to support projects that will benefit the entire community such as the building of a multi-purpose centre and the establishment of a Pictou Landing economic development promotional package.

These two initiatives and others pursued by the Pictou Landing Micmac will be of great benefit not only to the First Nation but to other residents of Pictou County.

Bill C-60 provides that any claims by the members of the First Nation that are not already settled by acceptance of the payments to individuals be directed to the continuing compensation fund. It will ensure that both the Government of Canada and the First Nation are protected from any such claims.

The second objective to be achieved by Bill C-60 is to stipulate that the moneys paid to the Pictou Landing Micmac under the final agreement will not be considered Indian moneys as defined by the Indian Act.

This benefits the federal government because it releases the Department of Indian Affairs and Northern Development from any responsibility for managing these moneys. In these times of fiscal restraint the department should avoid taking on administrative functions that can and should be performed by First Nations.

This provision of Bill C-60 benefits the First Nation because it will ensure that the Pictou Landing Micmac have complete control over their compensation dollars. This would not be possible if the moneys were considered Indian moneys as defined pursuant to the Indian Act.

This is one of the most important provisions of this bill. I have said this government is committed to fulfilling its obligations to aboriginal people. Beyond just fulfilling commitments, we want to build a new partnership, a partnership based on trust, mutual respect and participation in the decision making process.

This provision of Bill C-60 is a step toward making this goal a reality. Management of their own funds affords First Nations opportunities to chart their own course for economic development.

I am confident that my constituents, the Pictou Landing Micmac, like many First Nations across the country will prosper. The government recognizes that the untapped potential of aboriginal people is untapped for Canada. In a small way the development opportunities afforded by the provision of Bill C-60 open the door to potential.

The projects already borne from this settlement like the Pictou Landing economic development promotional package are just the beginning, a beginning not only for the First Nation but for other communities in Pictou County and in Nova Scotia as a whole.

Implementation of the Boat Harbour agreement has been proceeding well with no significant problems encountered by either party to the agreement. Nevertheless, the settlement agreement does require Canada to explore ways that might yield a solution to the environmental problem that now exists at Boat Harbour.

Toward this end several federal departments are facilitating and working with the Pictou Landing Micmac and other concerned parties to achieve the rehabilitation of Boat Harbour.

I want to advise hon. members in this House that the federal government is committed to ensuring that the clean-up of Boat Harbour meets Canada's high environmental standards. This proposed legislation will have no impact on this process.

As a party to the final agreement, the Pictou Landing Micmac have clearly indicated that they want and expect this legislation to be enacted.

To ensure that Bill C-60 meets with this understanding in the settlement agreement the First Nation was consulted during the drafting of the legislation. Members of the First Nation are now awaiting Parliament's decision. In making that decision I would ask my hon. colleagues to keep the crown's honour in mind.

I would ask them to remember that this legislation is the product of a clear and genuine commitment which was made at the request of the Pictou Landing Micmac more than a year ago. I would remind them that the government's word was accepted by the First Nation in good faith despite the problems it has endured over the past 25 years.

It is time to put the unfinished business behind us so that the First Nations and the federal government's energy can be devoted to building for the future rather than rectifying past mistakes. We can and must do so by giving our unanimous support to Bill C-60.

Therefore, as the member of Parliament for Central Nova I ask on behalf of my constituents, the Micmac First Nations people, for unanimous support from this honourable House for Bill C-60.

[Petitions, February 15th, 1995]

Madam Speaker, in the second petition the petitioners pray and request that Parliament not amend the human rights code, the Canadian Human Rights Act or the Charter of Rights and Freedoms in any way that would tend to indicate societal approval of same sex relationships or of homosexuality, including amending the human rights code to include in the prohibited grounds of discrimination the undefined phrase, sexual orientation.

I concur with this petition.

[Petitions, February 15th, 1995]

Madam Speaker, I have two petitions to table.

The first states that Canada's mining industry is a mainstay of employment in over 150 communities across Canada, an important contributor to Canada's gross domestic product in total exports and a cornerstone of our economic future.

Therefore, the petitioners call on Parliament to take action that will increase employment in this sector, promote exploration and rebuild Canada's mineral reserves, sustain mining communities and keep mining in Canada.

I concur with this petition.

[Petitions, December 8th, 1994]

Mr. Speaker, pursuant to Standing Order 36 I present a petition containing 100 signatures from residents of Nova Scotia petitioning this honourable House to keep mining in Canada.

Canada's mining industry is the mainstay of employment in over 150 communities across Canada, an important contributor to Canada's gross domestic product and total exports and a cornerstone of our economic future.

Therefore the petitioners call on Parliament to take action that will grow employment in this sector, promote exploration, rebuild Canada's mineral reserves, sustain mining communities and keep mining in Canada.

I concur with this petition.

[Petitions, October 26th, 1994]

The third petition, Mr. Speaker, prays that Parliament ensure that the present provisions of the Criminal Code of Canada prohibiting assisted suicide be enforced vigorously and that Parliament make no changes in the law which would sanction or allow the aiding or abetting of suicide or active or passive euthanasia. I concur with this as well.