House of Commons photo

Crucial Fact

  • His favourite word was problem.

Last in Parliament October 2015, as NDP MP for Marc-Aurèle-Fortin (Québec)

Lost his last election, in 2015, with 25% of the vote.

Statements in the House

Response to the Supreme Court of Canada Decision in R. v. Tse Act February 25th, 2013

Mr. Speaker, I would like to thank my colleague. She came to the same conclusion as I did on this legislation.

It is important to give our public safety forces the resources they need to protect us. In this case, there are things that open the door for so much abuse that it is unacceptable. The expression “other technical means” is too broad. It may simply mean breaking into someone’s safe, ransacking his office or stealing documents. It is overly broad.

The definition of “other person” is also problematic. I fully agree that police forces should have this power. However, the expression “other person” is much too broad. We used to talk about an “officer of the peace”. At least it was limited. Another person could be anyone. That is one problem we should be addressing.

To whom are they accountable? That is the problem. Can we trust the organizations that supervise and oversee public safety? Unfortunately, this is not the case at the moment.

Response to the Supreme Court of Canada Decision in R. v. Tse Act February 25th, 2013

Mr. Speaker, I will be sharing my time with the hon. member for Laurier—Sainte-Marie.

The NDP will vote in favour of Bill C-55 at second reading so that it can be examined in committee and so that its weaknesses can be remedied, since therein lies the problem.

This is a good bill, particularly in comparison to its predecessor, Bill C-30, which fortunately was withdrawn. I do not think that the government really had any choice.

We, in the NDP, think that it is reasonable for Canada to have the means to protect its laws, its people and their property. We agree that emergency situations may require the intelligent use of a police force to combat crime.

However, unfortunately, the devil is in the details and they are many. We must clarify them and provide solutions. The NDP will do so in committee.

The bill has many weaknesses. One of our concerns is that the government has a serious problem with the application of the Canadian Charter of Rights and Freedoms. The number of bills that this government is introducing that the Supreme Court considers to be ultra vires is becoming indecent.

Someday, this government is going to have to understand that the provisions of the Canadian Charter of Rights and Freedoms are not going to be struck down just to please it; the Supreme Court is not going to take pity on it and is not going to say someday that it accepts the charter being violated, to please a government that plainly does not understand it. That is not how it works.

As Albert Einstein said, “Insanity is doing the same thing over and over again and expecting different results.” This government is plainly afflicted by that syndrome. It systematically makes the same mistake all over again by violating the Canadian Charter of Rights and Freedoms, and it hopes that someday those violations will be accepted by the Supreme Court. That is not how it works.

In this case, we have to pass this bill urgently. We will have a short time to examine it, essentially because of a judgment given nearly a year ago by the Supreme Court of Canada in R. v. Tse, declaring section 184.4 of the Criminal Code to be invalid. I would note that that section authorizes peace officers to intercept private conversations without seeking a warrant from the court.

The Supreme Court said at the outset that in exceptional urgent cases, where people and property are in immediate danger, it is to be expected that a democratic society will take measures to defend itself. However, it also said that this reasonable violation of the Canadian Charter of Rights and Freedoms must not open the door to any form of repression. That is the point at which it says that under section 184.4, the government is going too far.

Personally, I say that this must be limited. We must limit rights by stating clearly that the situation is exceptional. We must remedy the situation by informing the person who has been the subject of an unauthorized wiretap and have the continuation of the wiretap approved by a judicial authority.

In fact, section 183 of the Criminal Code provides a list of the events that will open the door to the use of section 184.4. That is a good thing. The application of that section must be guided by section 183.

A police force must not be allowed to go on a fishing expedition—to give itself the right to wiretap because it thinks that maybe someday something is going to happen. That is not authorized by the Supreme Court.

Collecting Canadians’ confidential information is no small matter. What is troubling is that this same government has a well-known tendency to lose confidential information about Canadians.

It accidentally forgot 500,000 files of students who received loans and bursaries. It lost information about aboriginal communities. It has lost a lot of information. It would be nice if this government took things a little more seriously.

We will be uncompromising when it comes to restricting rights. We will never allow democracy to be killed for the purpose of preserving democracy. That is the issue here. Under the rule of law in a democracy, people are accountable to justice and the law. We are debating this bill because section 183.4 does not meet the Supreme Court's criteria. It does not meet the criteria of the Charter of Rights and Freedoms. Bill C-30 definitely did not.

The close connection between Bill C-30 and Bill C-55 is regrettable. It is precisely this relationship that NDP members are going to keep a close watch on in committee. The question that then arises is whether we must sacrifice democracy in order to save it. The NDP's answer is very clear and intelligent: no.

The Supreme Court opened a door. It said that it wanted us to review section 184.4 and directed us to ensure that rights and freedoms were respected. There are some potential problems, such as replacing peace officers with police officers—which is fine—and other persons. However, “other persons” can mean anyone. At least this was limited to peace officers before. Now “other persons” can mean people who are not even peace officers. That is a problem and it is unacceptable.

Canadian Security Intelligence Service—CSIS—agents are not police officers within the meaning of the act. Members of the Canadian armed forces who work at the Communications Security Establishment Canada—CSEC— are not peace officers within the meaning of the act. Moreover, those who work for Echelon have the same problem. All exchanges with Interpol are therefore problematic.

It is therefore important to revise section 184. However, it requires proper oversight by police watchdogs. But then there is the problem of the scandal involving Dr. Porter. He was appointed to the highest level of our country's security institutions despite being wanted for fraud and corruption. The only qualification he had for work in intelligence and security was being a friend of the Conservative Party. I believe that friendship with members of the Conservative Party is a flawed criterion.

It is therefore important to make sure that the RCMP, CSIS and CSEC are properly monitored by oversight organizations that will tell their members, “Here is the act; you are required to follow the guidelines set out in this act.” We mentioned the problem of “other persons”, how oversight of them is important, and that this oversight should be performed by serious entities staffed by qualified people, not by Conservative Party campaign fundraising friends. There is also the problem of “other means”, which is very vague. Wiretapping is mentioned, but there is also the interception of private communications. Are the notes we write to prepare a speech or a sermon a problem?

In conclusion, I want to say that in democratic countries—and in London specifically—the phone hacking scandal in which journalists listened to conversations was a problem. In France, President Sarkozy used security services to get rid of some opponents. In the United States, intelligence services were misused to solve the problem. That is the problem with Bill C-55. That is what the NDP wants to do to protect Canadians.

Response to the Supreme Court of Canada Decision in R. v. Tse Act February 25th, 2013

Mr. Speaker, the hon. member could perhaps speak about one of the weaknesses of this legislation.

A private conversation can be intercepted only in emergency situations. Yet, according to the law, this state of emergency can last for a period of three years, which seems to me like an extremely long time to respond to an emergency. In theory, we would hope that, in the weeks following the interception of these communications, the police would ask a judge to make that interception legal.

Why can this operation continue for three years?

Response to the Supreme Court of Canada Decision in R. v. Tse Act February 25th, 2013

Mr. Speaker, in contrast with Bill C-30, this bill clearly took out the term “peace officer” and replaced it with “police officer” and “other person”.

However, it is not clear who the “other person” is that has the right to use wiretaps. Is it military, immigration, customs or Coast Guard personnel? “Other person” is not defined.

Does my colleague feel it would be appropriate for a parliamentary committee to clearly define who the “other person” is that has the right to use wiretaps under the law?

Ethics February 15th, 2013

Mr. Speaker, the Conservatives are trying to downplay the Senate expenses scandal, but Senator Wallin's $350,000 in travel expenses would be enough to pay old age security for some 50 Canadians.

Of the entire group of unelected and illegitimate senators, she is the one who wastes the most money on travel “other” than between her pseudo-residence and Ottawa.

Will the Conservatives continue to defend the $25,000 she took from taxpayers to campaign in 2011?

Do they know what they are? They are just a bunch of Liberals.

Business of Supply February 14th, 2013

Mr. Speaker, a government's first duty is to defend its citizens.

For 30 years now, nothing has been done. These women's murderers have not been brought to justice. That is a major problem.

It is all well and good for the government to say that it is going to restructure or give new names to old structures under Bill C-42, but that does not bring these murderers to justice.

When will this government finally recognize that there are 800 unsolved cases out there? When will it order police forces to conduct serious investigations to find those who are guilty of crimes against these people?

Enhancing Royal Canadian Mounted Police Accountability Act February 12th, 2013

Mr. Speaker, I thank my colleague from Honoré-Mercier, in eastern Montreal, for her speech.

Her speech raised an important point. The parliamentary committee heard from witnesses from all walks of life: expert witnesses, former RCMP officers, former RCMP complaints auditors, judges, lawyers and harassment experts. These people have all kinds of different backgrounds. They are not opposed to having a modern police force. On the contrary, these people want Canada's police force to be one of the best in the world. Why is it that all of these witnesses were heard, but they were all ignored? They were not respected. Their suggestions were not taken into consideration.

Could my distinguished colleague explain why?

Enhancing Royal Canadian Mounted Police Accountability Act February 12th, 2013

Mr. Speaker, the NDP did not come up with all the amendments that it brought forward. We listened to the most compelling witnesses, such as former senior RCMP officers, criminologists with a spotless past and generally people with a great deal of knowledge in the area. We got them together. We listened to them and brought forward amendments reflecting their suggestions on ways to improve our police force and restore its credibility. The NDP was able to bring forward amendments because it listened to the witnesses.

We listened to them; they had many things to say. Not all of them criticized the RCMP. Many witnesses appeared. For the most part, they were supportive of the RCMP. They were former officers, former members, former victims, people who have seen crime evolve. Those are the people we listened to and respected. They had our full attention. That is why we are very proud of our amendments.

Enhancing Royal Canadian Mounted Police Accountability Act February 12th, 2013

Mr. Speaker, I thank my colleague for his question.

Yes, credibility is at stake. When someone acts as judge and jury in a case where his own brother is the accused, one may wonder whether justice can be served. There needs to be an authority that is totally independent of the offender. The current legislation does not provide for such a change. Everything happens in a vacuum. This is the darker side of esprit de corps. That is why other countries mandate independent organizations to handle these investigations. In France, the work is done by an agency tasked with doing general service inspections. In England, they use the Special Branch. There are major differences. In Canada, it was decided that only the police commissioner would have the authority to impose sanctions. Sadly, in the past, sanctions imposed for serious misconduct have not reflected the seriousness of the crimes.

Enhancing Royal Canadian Mounted Police Accountability Act February 12th, 2013

Mr. Speaker, I will be sharing my speaking time with the member for Scarborough Southwest.

Historically, the tradition was that the Mounties always get their man. Is that still true? We might wonder about that. We in the NDP want a police force that is the best in the world. We want its reputation for excellence to be restored.

As New Democrats, we want a modern state protected by a modern police force. We therefore do not want to diminish the effectiveness of our police; on the contrary, we want to enhance it. That calls for some serious thought at present. On the question of harassment, we are told we are making too specific a point of it, as compared to other kinds of police misconduct. Allow me to quote Justice Bertha Wilson of the Supreme Court of Canada, who stated in a self-defence case that a man will never find himself in the situation of a battered woman.

That is a fact. A man will never go through the sexual harassment experienced by a woman. That is very important. It is why we are making a specific point of it. That does not mean we are denying there are other problem; we are not, but that is one that stands out. We cannot solve that problem the same way as all the others.

At the outset, the NDP wanted to tackle the problem of the RCMP and various dysfunctions. We supported Bill C-42 at second reading. We said it was important to take remedial action so that our police force would be more effective, and we voted for the bill, which was in fact sent to committee.

Unfortunately, during consideration of Bill C-42, the representatives made it plain that they were going to shuffle the cards and change people's titles, but fundamentally, the corporate culture that had led to major errors would not be rectified. That is problematic.

In this regard, when we look at the past, we learn that other societies have had the same problems. In France in the early 1900s, the French police were facing organized crime and anarchist movements like the Bonnot gang. The then minister of the interior, Georges Clemenceau, said that a modern police force called for modern solutions. He created flying squads, nicknamed the “Tiger Brigades”. That was an effective response to a modern problem.

Later, France had to think about who was going to investigate its police. To police the police, it created the IGS, the Inspection générale des services, which is not accountable to a police chain of command that it is investigating. It is a totally independent police force that investigates certain kinds of wrongdoing by police and recommends remedial action and sometimes, when it is necessary, punishment.

We hoped that our amendments would be taken seriously in committee and would be discussed and accepted.

Requiring members of the RCMP to take harassment training under the Royal Canadian Mounted Police Act is not a luxury, it is a necessity. I do not understand why the Conservative caucus, so many of whom have been members of the police, would not consider the wisdom of this motion in amendment. It was necessary and they did not do it.

It is sad to say, but the Conservatives claim to have all the answers, like Louis XIV, who said, “l'État, c'est moi”. He was never wrong.

In short, there is nothing more to be said. We even wonder whether there might not have been some further evolution. Now, the Conservative government is God. God is always right. We should simply shut up. But I will not. There is a major problem here.

The police hierarchy has been given the power once again to fire members for a variety of administrative, non-disciplinary reasons. Examples include illness, too much parental leave or post-traumatic shock, which is not taken seriously. There is even talk of punishing investigators who conduct investigations that displease the political masters.

It amounts to quasi-discretionary power over which we would not have any authority. And God knows that this police force needs help and that we are prepared to give it. That is why the establishment of a completely independent investigative body was requested. By giving a commissioner the ultimate power to decide on what disciplinary action to take, Bill C-42 would give him the power to establish a single comprehensive framework for investigating and dealing with harassment problems.

This was precisely what we did not want. Worse still, it creates the same problems that arose in the case of an individual involved in an investigation into terrorism that directly affected national security. They fingered a completely innocent person. They deported him to Syria and he was tortured. But the problem does not end with the Arar case. Not only was a special commission of inquiry required to determine what had happened, but it took a parliamentary committee to eventually discover the truth. The truth was very simple: elements within the RCMP fabricated a terrorist threat simply to impress a foreign police force. It was unacceptable. These are the kinds of blunders that must not be repeated in the future.

There is also the risk that if the problem is not solved and there is no internal framework to deal with issues of this kind, people are going to find other ways of dealing with them and there are going to be leaks to the press. Rather than going through the usual chain of command, people will leak information to journalists. The best example of this was "Deep Throat", who was a senior FBI officer in the 1970s. When, during the Watergate scandal, he realized that presidential power was so influential that no investigation would be possible, he decided on his own, for the protection of the United States of America and in the interests of justice, to leak the relevant information to the Washington Post. Is this what is going to happen in the RCMP in the future? Will people be forced to leak information to the media?

The broad range of groups and experts who appeared and reported on the extent of the problems faced by the RCMP shows that serious action is required. It would seem impossible to refuse to listen to these many groups, with all their expertise, from so many different backgrounds. Unfortunately, however, the government is still not listening.

Some serious soul-searching is required to determine whether we really want an effective police force in a democratic state. The Minister of Public Safety said that Canadians' trust in the RCMP had been shaken. How could this bill possibly restore this trust? Clearly, it cannot. Perhaps the comments of the Minister of Justice could best be described by Madame de Pompadour’s most famous words: "Après moi le déluge". In whatever he does, provided that he pleases his Prime Minister, nothing else is of any importance with respect to future consequences.