Alan Tonks

[Fairness for the Self-Employed Act, November 5th, 2009]

Madam Speaker, I think that all members in the House would agree that providing EI benefits to those who are self-employed is a very worthy, admirable objective that should have been faced up to many years ago. While the legislation is welcome, it has struck me that, as the member has pointed out, the special benefit that actually accrues as a result of the formula that is being applied will be one-quarter less than that for those where there is an employer and an employee contribution. Compounding that, our colleague has also pointed out that the employment insurance fund actuarially will be in deficit in 2010.

I am impressed with the manner in which the Quebec fund is administered, as the member has pointed out, but from a Quebec perspective, what approach will have to be taken with respect to that deficit where an actuarial charge now is going to be on top of that which will exist without having self-employed workers receiving benefits?

[Electronic Commerce Protection Act, November 2nd, 2009]

Mr. Speaker, there are those with legal experience who could probably give a better answer to that.

When I review the bill and look at fines of a maximum of $1 million for individuals and $10 million for businesses, it would seem that is a pretty serious step toward the objective the member has which I inferred from his question. In that there is not a regime that is that serious now, this would be a fairly substantive deterrent. These are very serious charges and very serious fines.

The whole process through the bill establishes a framework for investigation. The notion that there are rules to be established with respect to warrants, for information during an investigation and so on, certainly provides a framework which will make the bill a much greater deterrent, if it is fully understood, than exists at this time.

[Electronic Commerce Protection Act, November 2nd, 2009]

Mr. Speaker, I know that the hon. member is a lawyer, and I very much respect his knowledge of not only this kind of legislation, but the recourse that innocents would have with respect to the law.

The bill leans toward the concept of victims' rights. If victims' rights can be characterized through class action, and in other aspects of law, both civil and criminal, then that can happen. This is embarking on new ground. There will be many who will be viewing the intent of the bill and the legislation. It may be contested through the courts, but certainly the provisions with respect to victims would leave the door open, I would say from a lay person's perspective, to class actions. That would mitigate the cost associated with an action. Also, with the kind of publicity that is entrenched in that approach it would do what the bill, in terms of its intent is trying to do. It would put those who would use spam for defrauding and other criminal purposes on notice that more than individual court proceedings could occur. Class actions are very costly. The repercussions could be serious and would act as a deterrent, I would think. However, I am sure that the member would have better suggestions than I would from a legal perspective.

[Electronic Commerce Protection Act, November 2nd, 2009]

Mr. Speaker, I will be splitting my time with the member for Yukon.

I am pleased to speak to Bill C-27, the electronic commerce protection act.

I think that the last interchange is an indication that the legislation before us may have its shortcomings but the urgency with respect to bringing the legislation forward is undeniable. It is undeniable because of the invasiveness of spam and that people's lives can be turned absolutely upside down by those who use spam with the intent to defraud and to use information that is available through access to information. It has been pointed out that no technological firewall or router can act as a barrier and people are absolutely susceptible to those who have spent a huge amount of time thinking of how they can, through an email invasion, access information that will be used fraudulently.

This is not an issue over which the government or any particular party has proprietary rights. In this House we all share the responsibility to have in place a legislative regime that anticipates the nature of this invasion through electronic commerce with the intent to defraud or to put forward false information.

We all share the desire to develop the tools. This will not be the end. The committee has made amendments to original legislation that was put forward through a committee or a task force process. This bill will go through the Senate process. I would assure members of the House, and I refer in particular to the interchange that just took place, there will be other mechanisms undoubtedly, other tools that will be developed through the continuing process of developing the legislation.

I am sure there are people who are watching who only see bits and pieces of the debate. People do not always see the total context within which the debate on legislation is taking place. I would like to provide a chronology to put things in context.

Spam is a serious concern for individual Canadians and businesses. Back in 2004-05, the then Liberal government established a task force to look at anti-spam legislation. That task force brought forward recommendations which generally paralleled the bill before us. Those recommendations were aimed at prohibiting the sending of spam without prior consent as a first principle. The second principle was that it would be an offence to use false or misleading statements to disguise the origins or true intent of an email.

The task force led to a number of key recommendations. I think there were 22 recommendations in all. The government of the day established a series of round tables to seek input from the business community and the community in general.

At that time, the specific recommendations were to prohibit the sending of spam without prior consent as the first principle, to prohibit the use of false or misleading statements disguising the origins or intent of an email, and to prohibit the installation of unauthorized programs. Spam artists are so cunning that if a person does give clearance to a misleading and disguised email, information with respect to even the person's passwords can be made available, which gives access to the person's email content, websites, et cetera. The final principle that was established through that task force was to prohibit the unauthorized collection of personal information or email addresses.

This bill has all of the elements of those task force recommendations and looks to implement the recommendations of that task force. As I have said, this is not a Liberal approach or a Conservative approach; in fact, it appears that the bill has the support of all parties in the House.

There is one aspect of the bill that is different from the regime that was put forward back in 2004-05 under those recommendations, and that is with respect to fines and the implications with respect to what may happen if one is found guilty of violating the intent of the legislation. The fines for these violations can go up to a maximum of $1 million for individuals and $10 million for businesses. It establishes rules for warrants, for information, as was discussed by the last speaker and in questions, and in particular, that information being available through warrants during investigations and injunctions that can be sought on spam activity while under investigation.

The bill also establishes the private right of action, allowing individuals and businesses the ability to seek damages from the perpetrators of spam. That is a particularly important principle. We have talked about victims and victims' statements during criminal proceedings and recently with the bill that firms up the interventions with respect to parole and the ongoing communication with those who have been victimized with respect to how the provisions of parole are carried out.

This bill also attempts to err on the side of victims. It gives them the ability to seek damages from the perpetrators of spam, depending upon the nature of invasion of privacy and the activity that took place.

It was pointed out that the committee had some problems with flaws in this bill. Clause 6 seemed to be a little too broadly written and, as has been pointed out by other speakers, could suppress a very legitimate part of our application of technology and the whole sector. It could impose an adverse position with respect to those who are creative within the technology, the rules of the technology and so on. It was pointed out that the committee was not satisfied to that extent. However, amendments were made to the bill.

The bill also maintains a very strong and some have said heavy-handed position, but given the nature of the illegal activity going on, I think that all of the House would concur with the committee's intent to make those who are guilty suffer.

Generally speaking, those in the stakeholder groups were not satisfied with the original task force recommendations, and there may be some who are still not satisfied with the bill. However, as I have indicated, it has gone through the committee stage, amendments have been made and at this point I think we have to err on the side of those who use their email and other technology for positive and high value-added activity and go after those who would victimize those who are using the technology.

[St. Fidelis Golden Age Club, October 29th, 2009]

Mr. Speaker, I rise today to extend congratulations to the St. Fidelis Golden Age Club, which celebrated its 25th anniversary on October 18, 2009.

As part of the celebrations, a standard reflecting the principles of the club was designed and prepared. The standard was blessed at St. Fidelis Church at a mass on October 18 and on that day all the original members of the club who are still active were presented with their 25-year pin.

In 1984 the St. Fidelis Golden Age Club began with the help of a new horizons grant. This program for seniors provides funding to non-profit and other organizations and helps to ensure that seniors can benefit from and contribute to the quality of life in their communities through active living and participation in social activities.

As members can see, a grant distributed 25 years ago is still bearing fruit. From humble beginnings, it now boasts over 270 members. I invite the House to join me in congratulating the St. Fidelis Golden Age Club for 25 wonderful years.

[Strengthening Canada's Corrections System Act, October 29th, 2009]

Mr. Speaker, the bill is entitled the Strengthening Canada's Corrections System Act. In his comments, the minister has addressed the necessity and requirement for rehabilitation within the prison system.

He has also spoken with respect to the rights of victims on parole and with respect to treatment that is designed under specific, almost contractual circumstances. The bill presupposes that the resources are going to be available in the community to make that person less vulnerable to addiction and make them more likely to become successful citizens in a very important and civil way.

The member has spoken with respect to the shortcomings of the criminal justice system. However, on the evidence of what occurred with respect to deinstitutionalization, is he satisfied that the government has put the resources back into the community to deal with the kind of recidivism that he has spoken about at great length? I think that is what everybody wants to hear. Will what the government is suggesting work? If it will not, what do we need to do?

[Strengthening Canada's Corrections System Act, October 29th, 2009]

Mr. Speaker, my mind goes back to the 1990s when, under the guise of budget cuts and so on, a program of de-institutionalization took place where community based organizations, in fact institutes that had long service records with respect to working with those who were involved with the criminal justice and had mental issues, were put out on the street. The kind of community support that was needed was not there.

I think the House would probably agree that we are taking the right steps to ensure that backup is there for inmates inside institutions and for parolees who are part of the community.

I am particularly interested in the statement made by the minister with respect to offenders who do not follow the rules and the whole question of accountability with respect to the actions that are taken to rehabilitate. It is good that victims would be kept abreast of how the person is being rehabilitated, but how can the accountability loop be closed such that society can be sure that the rehabilitation is real and will result in that person becoming a productive member of society?

[Criminal Code, October 20th, 2009]

Madam Speaker, the member has dealt extremely well with the issues.

As he indicated, theft would come out of mail boxes. These would be specific crimes. Organized crime and smaller criminal elements are intrusive and invasive in the manner by which they defraud individuals.

The House is concerned about the elderly. As immediate kin provide less support to elderly people, they become more dependent on institutions through estate probate, through guardianship and so on.

My colleague has indicated which officers of the Crown and the province would have access to information in a probate situation. Are there mechanisms that would protect those who are virtually wards of the court? I am speaking in particular about the elderly with no kin and who are totally under the protection of government institutions through estate law, through trusteeship and guardianship. Would the same degree of checks and balances protect them in a situation like that?

The member talked about the law society and the real estate sector, but I am speaking more in terms of the invisible accountability that exists to protect seniors through probate, through the courts, and through a series of checks and balances to ensure fraud would not occur and that they would not be taken further advantage of.

[Canada Grain Act, October 8th, 2009]

Mr. Speaker, it has been suggested that urban Canada is not as interested perhaps in the regulatory framework which in fact protects the quality of food that we eat. I would suggest, after recent episodes with disease that has resulted from bad food and in fact a collapse of the regulatory framework, that urban Canada is even more interested in the regulatory implications.

I wonder if the member could just outline the inward inspections. Could he explain how that capacity to be able to carry on those inspections, which the bill tampers with, affects the quality of food, and how that would allay fears that urban Canada might have that the quality of food we are getting from our producers is not up to what they expect?

[First Nations Cadet Program, October 6th, 2009]

Mr. Speaker, on behalf of all members of the House, I thank the member for bringing this private member's bill forward. I had the privilege, along with some of my colleagues, to see that program a few nights ago.

I shared that with my wife, who is from Spanish Town. Having taught in Spanish Town and the area myself many years ago, I was taken by the spirituality that was part of that visit from the Hobbema cadet group down to Jamaica and then when they came back to Alberta. It was a moving commentary on the capacity that exists within those young people, both from Jamaica and from Hobbema. It offers hope to all of us that those young people will make a difference.

The member has talked about a monitoring plan. Would it not be more important that resources be provided? Could he outline the kind of resources that we as a federal government, acting in concert with the community, could provide that will continue to make that real difference in those communities?