Michael John Savage

[Criminal Code, October 24th, 2005]

Mr. Speaker, while I appreciate the conviction of my colleague across the way, I should remind him that this is a government bill inspired by Mr. Cadman's bill. It is a government bill where the government is taking action to prevent crime, as we are also doing on street racing.

It is our goal as a government to ensure that we take the appropriate precautions to protect Canadians, but there are not many Canadians who would want their government to bring forward a bill that did not respect the Charter of Rights and Freedoms.

[Criminal Code, October 24th, 2005]

Mr. Speaker, I thank my hon. colleague for his honesty about past misdeeds. I must admit I was not quite as shocked as some might be, having gotten to know him in the past year.

I do think that it speaks to the issue of proportionality when he talks about joyriding versus the issue of organized criminals being involved in tampering, obliterating and violating vehicle identification numbers.

I mentioned my own case of being at home on a January night after my wife and I had just brought our child back from the hospital. He had sustained a small injury. We had parked the car in the garage. Then we woke up at 1:30 a.m. to the sound of the police knocking on our door to tell us that our vehicle had been found some distance away. Our personal experience is all that we could think about at that point in time and about the criminal justice system.

There have been a lot of improvements and the crime rate has in general gone down, as my hon. colleague mentioned. However, it does not in any way reduce the burden of ensuring that we continue to do everything we can. In a small way my family and I suffered a minor inconvenience. In a larger way there are people such as Jason MacCullough of my community who was murdered in 1999 and for whom the community had a walk against violence in his memory last week. Anyone who is a victim of crime is one too many.

We have made some progress in this country, but we are also sensitive to the fact that we must do more to protect Canadians. At the end of the day it is one of the things that they most solemnly look to their government to do on their behalf and we are doing it.

[Criminal Code, October 24th, 2005]

Mr. Speaker, there has been some sincere discussion on this bill. I think everybody in the House in general supports this bill in the spirit of our late colleague whom my colleague opposite knew very well.

I am not a lawyer, although dabbling in politics every now and then it has been a frequent accusation that has been levelled my way. I cannot speak to those specifics. I do think the essence of the difference between Mr. Cadman's bill and this bill is the onus of proof in this case is on the prosecution. That is really the basis of our criminal justice system, that the prosecution has to prove guilt.

This question has been asked a number of times and there has been a lot of discussion about it and I am sure we will hear more about it. I am certainly open to different points of view. This bill addresses what I believe to be the original intent of Mr. Cadman's bill, but it charter-proofs it. It also indicates that the onus of proof needs to be on the prosecution and not on the accused.

[Criminal Code, October 24th, 2005]

Mr. Speaker, I am pleased to express my support today for this important government bill, Bill C-64, aimed at combating the involvement of organized crime in the theft of motor vehicles by making it an offence to tamper with a VIN.

The bill was inspired by a private member's bill brought forward to Parliament by our late colleague, Chuck Cadman, namely Bill C-287. In summary, Bill C-64 would make it an offence without lawful excuse to alter, obliterate or remove a vehicle identification number on a motor vehicle under circumstances that give rise to a reasonable inference that it was done to conceal the identity of the motor vehicle.

It is proposed that anybody who commits this offence would be liable, if proceeded with by indictment, to imprisonment for a term not exceeding five years or would be liable to a summary conviction. By virtue of section 787 of the Criminal Code, those people convicted of a summary conviction offence where no specific penalty is provided face up to a maximum term of imprisonment of six months and/or a $2,000 fine.

As previously indicated, Bill C-64 was inspired by private member's Bill C-287. Bill C-287 would have made it an offence for anybody without lawful excuse, the proof of which lies on the person, to alter, deface or remove a vehicle identification number on a motor vehicle. Bill C-287 provided that if proceeded with by an indictment, an offender would face up to five years imprisonment. Furthermore, if proceeded with by summary conviction, the offender would face up to six months imprisonment and/or a $2,000 fine.

There are clearly similarities and differences between the current government bill and Bill C-287. Many members have indicated concern with the notable difference between the two bills. It has been significantly contentious in debate. I have listened with great interest to both points of view and would like to present my thoughts on the matter now.

First and foremost, Bill C-287 placed what is known as a persuasive burden on the accused to prove the existence of a lawful excuse for tampering with a VIN. Therefore the bill required the accused to prove on the balance of probabilities that he or she had a lawful excuse.

A foundational element of our criminal justice system is that an accused person will not be convicted of a criminal offence if he or she raise a reasonable doubt. Under Bill C-287, people accused of VIN tampering would face the prospect of a conviction even though they may have raised a considerable doubt as to their guilt. Therefore Bill C-287 and this reverse onus raises significant charter considerations.

Instead, Bill C-64 would require an accused to raise the defence of lawful excuse based on the usual tests in criminal law for raising a defence, namely the test of raising sufficient evidence on each element of the defence for it to be considered by the judge or the jury.

By adopting an offence, which would not on its face attract charter litigation, we are contributing to the utility of this offence as a prosecutorial tool as there is more likelihood that prosecutors will proceed on this VIN tampering charge to trial. In other words, it not only can be proclaimed but it can be applied as well.

I think all hon. members would agree that we want to ensure that the laws we pass in this place can and will be used for years to come.

In addition, Bill C-64 would require that the alteration, obliteration or removal of the vehicle identification number be done under circumstances that give rise to a reasonable inference that it was done to conceal the identity of the vehicle. This element was not included in Bill C-287.

The purpose of this element of Bill C-64 is to distance the offence from these people, such as legitimate auto wreckers or mechanics who may in the course of their work alter, remove or obliterate a vehicle identification number. This consideration was made as it would be bad policy indeed to craft an offence under which a large group of legitimate workers might be caught under its scope.

I think all members would agree that the manner in which the government bill addresses this issue is sound.

Various key justice system stakeholders have called on the Government of Canada to enact an offence for VIN tampering.

First, the National Committee to Reduce Auto Theft, a multi-stakeholder group established in May 2000 representing stakeholders from mainly the police community and the insurance industry, released a subcommittee report in March 2003 entitled “Organized Vehicle Theft Rings”. This report, among other proposals, recommended the creation of a distinct VIN tampering offence in the Criminal Code.

In addition, in August 2003 the Canadian Association of Chiefs of Police passed a resolution calling on the Government of Canada to create a Criminal Code offence specifically prohibiting the alteration, obliteration or removal of a vehicle identification number.

As well, in 2000 the Canadian Association of Police Boards passed a resolution calling on the federal government to enact legislation to combat theft in their communities which would include the creation of a Criminal Code offence for removing or obliterating a VIN number.

I am pleased to say that we have answered these calls with Bill C-64.

In 2004, there were nearly 170,000 motor vehicle thefts in Canada. This translates to a rate of roughly 530 vehicle thefts per rate of 100,000 people. My family and I are among that number, having had our vehicle stolen from our home last January. I share with many Canadians the feeling of violation and concern that comes with having a vehicle stolen from one's property.

I am pleased to note a slight decline in thefts since 2003 which in that year was 550 vehicle thefts per 100,000 people.

In order to compare certain provincial rates with the national rate, in 2004 the rate of motor vehicle thefts in B.C. was 889 per 100,000 and in Manitoba, it was 1,364 per 100,000. On the other end of the spectrum, Prince Edward Island had a rate of 187 per 100,000 and Ontario had 337 per 100,000.

Despite these variations in the rate of theft from province to province, this crime is still far too frequent in Canada. That is why, in addition to the current bill before the House, the Government of Canada is also committed to examining the issue of motor vehicle thefts more generally with our provincial and territorial partners.

In this regard, on January 25, at the federal-provincial-territorial ministers of justice meeting, as brought forward by my home province of Nova Scotia, all ministers agreed to send the matter of Criminal Code amendments affecting the categorization of motor vehicle thefts and increased penalties for those who steal vehicles and drive recklessly to their senior officials for study and report. Therefore, FPT officials are now working collaboratively on assessing whether a separate indictable offence is needed under the Criminal Code for auto theft and whether the current penalties are suitable for the crime.

In assessing whether Bill C-64 would truly add an additional useful tool for law enforcement, I would outline the existing ways that motor vehicle theft and related offences are dealt with under the code.

The Criminal Code addresses the crime of motor vehicle theft predominately through its theft provisions. If an offender is convicted of theft over $5,000, he or she would be subject to a maximum of 10 years imprisonment on indictment.

In addition, those who engage in motor vehicle theft and related crimes are often charged with the offence of fraud. This offence carries a maximum of 14 years on indictment.

The offence of taking a motor vehicle without consent, such as joyriding, is a straight summary conviction offence and therefore an offender faces a maximum six month term of imprisonment or a $2,000 fine or both when convicted.

As other speakers have noted before, the offence of possession of property obtained by crime is particularly relevant to those who engage in VIN tampering. Since there currently is no specific Criminal Code prohibition against VIN tampering, those who engage in this activity are often charged with the possession of property obtained by crime offence. The punishment for this offence, if the property is over $5,000, is 10 years imprisonment on indictment.

All too often those who commit motor vehicle theft flee from a lawful pursuit by a law enforcement personnel. In doing so, these offenders endanger the lives of not only themselves but innocent third parties, law enforcement and others. If no one is injured as a result of this flight, then the offender would face up to five years imprisonment. Although, in the event that bodily harm results from this activity, the offender faces up to 14 years imprisonment. Finally, if death results the offender faces a maximum term of life.

I think all hon. members would agree that these existing offences provide a wide range of tools and sanctions that would be complemented by the addition of a VIN tampering offence.

I am encouraged also by the recent changes brought forward by my colleague the Minister of Transport. These regulations regarding the mandatory installation of vehicle immobilization devices have been noted as leading to the significant reduction of motor vehicle theft, especially in the cases involving youth. I look forward to a time when all vehicles manufactured in Canada have these important anti-theft devices installed.

I suspect all hon. members can agree that the creation of a Criminal Code offence for the intentional alteration, obliteration or removal of a vehicle identification number serves many purposes. Obviously it fills an existing gap in the Criminal Code in a meaningful way. It also provides a useful new tool for police and crown prosecutors in the investigation and prosecution of organized vehicle thefts.

Finally, it responds to the calls of key justice system stakeholders to enact such an offence. At the same time it honours the commitment of our colleague, the late Chuck Cadman, to these and other justice system issues by bringing forward a legislative reform that was advanced by that honourable and distinguished member of the House.

Therefore, I join other members of the House in supporting this bill. I urge all members to do the same.

[Health, October 20th, 2005]

Mr. Speaker, reports about avian flu findings in Asia and Europe have prompted concern in my constituency and across Canada. Our country's level of preparation for a possible pandemic was discussed earlier in this House. We heard the Minister of Health say that Canada will host an international conference next week on this issue.

Could the minister inform the House about the government's expectations for this conference on this critical issue for Canadians?

[National Defence, October 18th, 2005]

Mr. Speaker, recently a Conservative member of the House made a ridiculous allegation when she suggested that the DART is a waste of time and money. Could the minister remind the hon. member for Simcoe—Grey and other members opposite about how the DART is an important and valued component of our relief efforts?

[Walk against Violence, October 18th, 2005]

Mr. Speaker, on August 28, 1999 Jason MacCullough, a 19-year-old student from Dartmouth, was murdered. Jason was a well liked young man and was very active in the community.

The events of that evening are deeply troubling. For no apparent reason, Jason was senselessly murdered. It was a random act of violence, an act of violence that resulted in the loss of a life that was just beginning and was full of potential.

Violence affects us all. When it happens to young people, the effect is even more profound.

Some six years later, the community of Dartmouth continues to honour Jason's memory. Tomorrow, Wednesday, October 19, the Dartmouth Boys and Girls Club in conjunction with the Foresters Branch 1250 will be holding the sixth annual Walk Against Violence in support of victims of crime and to raise awareness of issues related to crime in our community.

We hope some day this murder will be resolved and justice will come to those individuals who committed this act. Jason MacCullough will continue to be an inspiration to his family, his friends and his community.

[Sidney Crosby, October 6th, 2005]

Mr. Speaker, last night Sidney Crosby of Cole Harbour, Nova Scotia, played in his first NHL game and recorded his first point. Not since Wayne Gretzky has hockey witnessed such a young player entering the professional ranks under so much spotlight and with so much promise.

As remarkable as Sidney's performance is on the ice, his grace and composure in dealing with the enormous pressure that has fallen upon him since a young child is so impressive and a testament to his character. His parents can be rightly proud of this exceptional young man as he continues to meet enhanced expectations. It takes a person of rare quality to captivate a nation, to single-handedly revive a hockey franchise, and continually reach new heights in his chosen field.

Sidney Crosby would be a great success in life even if he never scored a single goal in the NHL, but he will do so much more than that in the years to come. He will continue to achieve and make all Canadians proud, none more so than the residents of Cole Harbour, Nova Scotia.

Way to go Sidney.

[Bank Act, October 6th, 2005]

Mr. Speaker, some people have referred to this bill as housekeeping, but I can see some members actually get choked up about it. I think that demonstrates the importance of what we are doing here.

I do not know if I have specific recommendations about how to deal with the regions. What I do have are concerns.

I must say that I feel well served as a citizen of Canada by our banking institutions and I feel very well served, individually, by the relationship that I have with my own banker, Dave MacIntosh, and the Scotiabank in Dartmouth and by the banking institutions in Nova Scotia.

However, I do believe that the centralization, particularly of decision making, of the banks has taken away the traditional banker and small businessperson relationship, where the small businessperson could come in, the banker would know that person, would know what he or she did in the community, would know his or her reputation, and would understand his or her involvement in important community activities. The banker would know the business, and know the ups and downs and the cycles of the business.

I believe we have lost that to some extent with the centralization of decision making. The loan limits that bank managers are allowed to approve at the local level has changed dramatically and I think that is a concern.

Now, fortunately, under the wisdom of the government and agencies such as the Atlantic Canada Opportunities Agency, we have been able to support small and medium sized enterprises and build the economy of Atlantic Canada and, in some cases, have gone where the banks have not gone. As well, we have had the credit unions, which are strong across the country but not quite as mature in Nova Scotia as in some of the western provinces, step in and do a very good job as well.

My recommendation to the banks would simply be to not forget that the regions of Canada provide an awful lot of support, a lot of those 600,000 employees that the hon. member mentioned before. I would also say that, for example, Scotiabank, in whatever changes it has made in Nova Scotia, has never laid off or told a person that he or she no longer had a job. So I think there is a corporate responsibility there as well.

My concern is with the centralization of decision making which should reside in the regions where people know the businesses and the individuals involved.

[Bank Act, October 6th, 2005]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-57 which introduces a new governance framework for the financial services sector. Other colleagues have spoken quite eloquently about how important this bill is to bring governance standards for the financial institutions up to date. This proposed legislation would give financial institutions and their stakeholders the governance tools that they need to allow them to continue to play a key and leading role in Canada's economy. It addresses concerns that many Canadians have about corporate governance.

The financial services sector not only plays a vital role in the economy but also in the financial lives of Canadians, whether it is banking, insurance, financing, investing or financial planning. Every day across the country consumers, businesses and governments depend on the products and services provided by financial institutions. Community groups, arts and culture groups, amateur sports groups across the country also depend on these institutions. We need look no further than the CIBC run for the cure this past weekend to see how important our financial institutions are. In my own province of Nova Scotia we are proud to be the home of Scotiabank which is a leader in corporate responsibility.

I would like to focus my remarks today on the federal legislation and the initiatives the government has introduced that are designed to make the financial services sector more competitive and to enhance consumer protection. The process of implementing the new policy framework began in 1996 with the establishment of the MacKay task force on the future of the Canadian financial services sector. In September 1998 the task force presented the government with its report which was then reviewed by two parliamentary committees.

The committees in turn conducted extensive public consultations and presented the government with their recommendations. This consultation process eventually led to Bill C-8, which in 2001 introduced legislation to reform the policy framework for Canada's financial services sector. That contained a number of measures that focused on four main areas, one of which was to empower and to protect consumers.

Perhaps the most important initiative for consumers that sprung from this legislation was the establishment of the Financial Consumer Agency of Canada in 2001. This agency was established to consolidate and strengthen oversight of consumer protection measures in the federally regulated financial sector as well as to educate consumers. While some consumer protection activities existed before that, they were dispersed among a large number of federal entities making the complaint process more arduous and less responsive to the needs of Canadians. The FCAC consolidated those services.

Hon. members may also be aware of the ombudsman for banking services and investments, OBSI, which was established in 2002. The OBSI is an independent organization that investigates consumer complaints against financial service providers including banks and other deposit taking organizations, investment dealers, mutual fund dealers, and mutual fund companies. It provides prompt and impartial resolution of complaints that customers have been unable to resolve satisfactorily with their own financial services provider. For the first time in Canada customers of banking and investment services now access comprehensive and effective complaint resolution through a single ombudsman.

The OBSI is independent of the financial services industry. To ensure its independence, the ombudsman reports to a board of directors of which a majority of the directors are independent of the financial services industry. The bottom line is that consumers have benefited from the changes in the financial services sector. With new competitors in the marketplace, increased competition among existing institutions and more innovative products and services, consumers now have more choices in deciding who fulfills their financial needs.

Small and medium sized businesses too in some cases have benefited from increased choice among financial service providers. To ensure that there is better information on the financing needs of small and medium sized enterprises and the availability of financing to meet those needs, the government undertook a comprehensive program.

That program was to assist in the development of effective public policy; to promote greater awareness among small businesses of the sources and types of financing available; and to foster a more complete understanding among financing providers of the financing needs of small and medium sized businesses.

I would not suggest that I am entirely delighted with the way that all financial service institutions have responded. I think, particularly in regions of Canada like Atlantic Canada, that we could do a lot better in terms of decision making as well as presence in those regions, but we have come a long way in a lot of areas.

Although the government has introduced consumer safeguards, we have also been mindful not to place too high a regulatory burden on financial institutions. The government is equally committed to providing a policy environment that is fair and balanced.

It is important to mention that the framework for the Canadian financial services sector enacted by the government is not a static process. Rather, it is dynamic, reacting quickly in this world with the rapid pace of globalization and technological innovation that has become a daily reality for businesses in Canada.

Indeed, the policy framework for the financial services sector should be dynamic, flexible and fair. The framework provides that flexibility in three ways. It maintains, first, the long standing practice of ensuring regular updating of the regulatory framework by including an automatic five year review in the legislation, one being scheduled in 2006. This is a practice that sets Canada apart from virtually every other country in the world.

Second, as has been frequently done in the past, the government is prepared to revisit this legislation prior to the five year review if it proves necessary in order to ensure that the framework keeps pace with the rapidly changing marketplace. Finally, the legislation allows for matters of implementation to be dealt with through regulation.

What we have is a balanced framework, a regulatory approach that is well thought out and efficient, with important consumer protection measures. Both aspects are conducive to the growth and success of Canada's financial institution.

One would ask, how does Bill C-57 fit into the big picture? I believe that government policies will continue to evolve over time, so that we can keep pace with the new economy, new innovations and new technology. Bill C-57 is part of that evolution.

The proposals contained in the bill will update and modernize the framework for the financial services sector. It has broad support among stakeholder groups in the country and I believe among Canadians. I urge and expect all members will support Bill C-57.