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Crucial Fact

  • His favourite word was respect.

Last in Parliament June 2013, as Liberal MP for Toronto Centre (Ontario)

Won his last election, in 2011, with 41% of the vote.

Statements in the House

Business of Supply December 9th, 2010

Madam Speaker, I appreciate the opportunity to participate in the debate for many reasons, but for one reason in particular. The last time I participated in a debate in the House on the subject of the charter was at the time of its adoption. I think I am right in saying I am the only member currently in the House who had an opportunity to not only participate in that debate, which I did on the question of the resolutions and motions before the House at that time. I also had an opportunity to see the charter adopted as part of our Constitution in 1982. Therefore, it is an interesting time for me to be able to respond to some of the comments made by my colleagues.

Some statements have been made over the last while about the charter and the importance of it and about the important opportunity for us, as Canadians, to reflect on our constitution, on our basic values, on our rights, on our freedoms and on our responsibilities as well. We would not be having this debate if it were not the case that both the Prime Minister and the newly elected member for Vaughan and others have made comments that attempt to cast a shadow on the charter, that challenge the validity of the charter, that put our laws and our understanding of our rights and freedoms into some kind of a political quagmire where they do not belong.

I particularly enjoyed listening to my colleague from Windsor—Tecumseh. He is sitting in the same seat from which I delivered my speech in 1981, if that gives him any comfort. I appreciated his comments today and the very balanced way in which he made a presentation. The only disagreement I have with him is on the question of whether we need this debate. I think Canada does need this debate and this discussion because there has been far too much talk with far too little response about the charter from the members of the Conservative Party. Over the last 15 to 20 years, they have launched a very significant broadside against the charter and against the interpretations of the charter that have gone forward.

Some will say that they are not actually challenging the charter, that they are only challenging the courts. However, for the government of the day to start attacking the courts on a systematic basis is almost as unhealthy as saying that it will not attack the courts, but rather it will simply attack the constitution. It is important for us to understand what this new ideology taking shape and form on the opposite side means and the threat it poses to our sense of balance and to our sense of the importance of the entrenchment of rights and freedoms.

The debate that took place in the late 1970s and early 1980s was not something which happened out of the blue. There was a very long discussion in the country, not only about the patriation of the Constitution, about which we can continue to discuss, but also about the question of whether we in fact needed a charter, why we needed one and what the Canadian experience was that lead us to think we needed a stronger entrenchment.

Many of those arguments have been set out by my colleague from Windsor—Tecumseh, and I do not feel a compelling need to repeat them, except to make two points.

First, the Charter of Rights and Freedoms was not imposed on the House by the prime minister of the day. It was adopted by the House. It was adopted by members of many different parties. It was debated, discussed, reviewed and analysed by every conceivable legal group in the country that looked at what the document meant.

Second, it was not simply an imposition of a set of rights that had never existed before. Rather it was a codification of those rights. It took rights which already existed which, in many cases, had already been applied by the courts. We then said that those rights were so fundamental that they should be entrenched and should have priority over all other legislation.

We all know what happened with the notwithstanding clause and the compromise that was eventually reached, but I want to note that it is of great interest to me, apart from the Province of Quebec, which has its own political issues with respect to the charter, the extent to which other provinces and provincial governments and the federal government have not in fact invoked the notwithstanding clause because of the value that we see in the charter.

So what did the Charter of Rights and Freedoms do? It did not just come out of nowhere. It was the product of the Canadian experience of situations in the past in which we, as a country, did not always recognize the importance of fundamental rights. The House recognizes that there are some very sad examples of people being jailed because of their country of origin and their culture.

My colleague from Peterborough is well aware of what happened to Italians interned in prison camps when war broke out in 1939-40. He knows that the decision violated the fundamental principles of our Constitution. We now know it too.

We all know what happened to the Japanese. Madam Speaker, consider your riding in British Columbia. We all know what happened to the Japanese who were interned in prison camps over there for years for no reason. Their property was seized by the Canadian government and they were denied recognition of what happened. Eventually, Parliament itself was compelled to respond and, after decades of experiences, recognize that injustice.

We have other examples. We have the notorious Alberta press case of the 1930s where the Supreme Court of Canada said that actually a province cannot require newspapers to print stories that are simply favourable to the government in response to criticisms that may have been in a newspaper. The government of the day, which was a Social Credit government in Alberta, tried to impose rules and regulations on the newspapers of Alberta with respect to what they could do. Our Supreme Court said “No, you cannot do that”.

Our Supreme Court over the years in the 1940s and the 1950s began making decisions that said very clearly there are rights and freedoms, there are due processes, there are things that have to be observed. However, we came to the conclusion that it was not strong enough.

That is why we passed the charter, which gave protection to basic freedoms, gave protection to due process, rights of search and seizure as referred to by my colleague, the member for Vancouver Kingsway when he did his recitation and his question to the member for Windsor—Tecumseh. We saw the examples. We cannot simply go into somebody's house. We cannot simply knock on the door and pick someone up without having any cause. There are things that have to be done.

However, these are not invented by the courts, nor in fact were they invented by the charter. There is a problem I have with the comments made by the elected member for Vaughan, who is not yet the member for Vaughan, Julian Fantino, and I know Mr. Fantino very well. I have known him for over 25 years. When he says, for example, “Who has reaped the greatest benefits from the Charter of Rights and Freedoms? I would argue that if it isn't common criminals, then it must be the Hells Angels”. He made those comments in his book, Duty: The Life of a Cop.

I would say to Mr. Fantino, what exactly is it in the charter that he objects to? Is it that there has to be due process? Is it that there have to be rights, that the police have to follow processes in order to carry on their work? Is it the application of law, the due process of law, to what it is that has to be done? What exactly is it in the charter that people object to? What is it in the wording of the charter that people say, this is wrong? The police should not have to follow the law. The police should not have to do this or that. I find that hard to understand. That is why this question now becomes so important.

If we take our rights seriously we entrench them in the Constitution, which is what we did. We then say that once a right is entrenched the only body in our system that can actually interpret that are the courts. We have given this job to the courts. We have said it is part and parcel of the courts' responsibility to deal with this.

Therefore, the suggestion that somehow the courts are acting inappropriately or that the courts are doing something that Parliament did not ask them to do is nonsensical.

We are not alone in this regard. Most other countries are moving to an entrenched bill of rights, to an entrenched charter, a charter that looks at basic freedoms, due process, equality rights, the rights of minorities and multicultural groups, and in the Canadian context aboriginal rights. I want to touch briefly on each of these in my comments.

With respect to equality rights, the courts have done a remarkable job of pointing out that majorities are not always as sensitive to minorities as they should be. Minorities want sincerity, clarity and equality from their fellow citizens. Unfortunately, they have sometimes had to go to court to assert their right to equality. As Canadians, we have to recognize that our majorities have not always responded appropriately. Equality rights are still important to us.

Even today when we come to equality rights, I think of the enormous progress we have made as a country as a result of this dialogue and as a result of the fact that we now have the courts playing a more active role.

I look at the legislation that has just been brought to this House by the Conservative Party, Bill C-49, in which the law states, boldly and bluntly, that there are two kinds of refugees. There is no longer one class of refugees. There are now two classes of refugees. The second class consists of those people who come over somehow in a boat or come over in a group. They are now to be rounded up and thrown into a detention centre for as long as a year, without much of a heretofore, without a review, without anything at all. They are to be abandoned without rights, without recourse, and to be treated completely differently from a separate class of refugees, whom the government has now designated in a different way.

We do not think that it is only up to the courts to deal with the Charter of Rights and Freedoms. We think it is up to Parliament to deal with it, and that is why I am very proud that our party has said that we will not support Bill C-49, because we believe that it is fundamentally wrong in the way in which it treats people, and in particular because it does not pass any test with regard to this question of rights and freedoms as set out in the charter.

I would also say that were it not for the charter, were it not for the interpretation of that charter by the courts, the first nations people, the aboriginal people, the Inuit and Métis people of the country, would be far worse off than they are today. We tried, in Charlottetown, to move the political understanding forward that would allow us to recognize rights that had not previously been sufficiently recognized, but I have to say that that political effort was not successful.

What we also know is that the courts have in fact played the role that we would want them to play in any society, in saying to the majority, actually, you have to pay some attention to the treaties that you have signed. You have to recognize that once you say in your charter and your Constitution that you are going to recognize treaty rights and that you are going to recognize existing rights, then the courts have a responsibility to determine what those existing rights are. They have taken that responsibility and taken that role, and they have taken it seriously and well.

I am very happy to express my support for this important motion from the member for Moncton—Riverview—Dieppe. Canadians believe it is important to strengthen one of the basic tenets of our political life. We have a Constitution and a Canadian Charter of Rights and Freedoms. I do not think that this should be a partisan issue. Unfortunately, some people still say they do not accept the entire Constitution, the notion of a Charter of Rights and Freedoms or the courts' responsibility to protect citizens' rights. Protecting citizens' rights also means that the courts must sometimes make difficult decisions, but at the same time, that is one of the reasons we need these protections.

Of course, there are going to be difficult cases. Of course, there are going to be requirements sometimes whereby our institutions of justice and, indeed, even our institutions of law enforcement, have to conduct themselves in a certain way in order to get to a certain result, but these are the protections that we require.

These are not protections for any one group of people. These are protections for all Canadian citizens and they are necessary and fundamental to our sense of what the phrase “the rule of law” means. The rule of law means respect for the law as that law is interpreted by Parliament, the courts and the legislatures, and that is the debate and discussion that we need to have.

What we do not need is the continued fraying of the overall commitment to the importance of rights and freedoms. That is something that strikes at the heart of our national life and the very heart of our situation.

For example, when I hear the Prime Minister say he agrees that there are serious flaws in the Charter of Rights and Freedoms and that there is no review or accountability mechanisms for Supreme Court justices, what exactly is he saying? It is a fundamental principle of our democracy that the courts are independent. There is no review or accountability of the courts because that is what takes place in a dictatorship.

Political review or political accountability of the courts is something that happens in countries that have no respect for the rule of law. The independence of the judiciary is a foundation of the British Constitution. It is a foundation of the common law Constitution. It is a foundation of what we need to believe in and return to our belief in as a country.

Therefore, when people in the position of prime minister say there are serious flaws in the charter, what are they? They should tell us what they are. Is it due process the Prime Minister does not like? Is it the freedom of the press he does not like? Is it the freedom of speech he does not like? Is it recognizing the treaty rights of aboriginals? What is it?

When he talks about a review or accountability mechanism for the courts, what exactly is he talking about? Is he talking about judges who have to kowtow to the wishes of the government because he is not happy with what they do or say? This is what strikes at the heart of our Constitution. This is what strikes at the heart of our freedoms. It is time for this kind of loose rhetoric and talk to come to an end and it is time for all of us to recommit ourselves to the Canadian Constitution, to the Canadian Charter of Rights and Freedoms and to what that means for all of us.

Air India December 3rd, 2010

Mr. Speaker, I have a question for the Minister of Justice.

Judge Major, in his report on the Air India bombing, found two things: first of all, that there was substantial negligence on the part of several government agencies with respect to the investigation; and second of all, that the families signed waivers with respect to that without the government disclosing to them the full extent of the government's own negligence.

I wonder if the minister can give us an assurance, a real assurance that in fact the government, in reaching a settlement with the families with respect to the compensation issue, will take those two points, which are really quite critical, fully into account?

Forest Fire in Northern Israel December 3rd, 2010

Mr. Speaker, the forest fire in northern Israel has cost dozens of lives and come close to the city of Haifa and many of its people and institutions, including Haifa university which has just been evacuated. Canada and Canadians will respond to this tragedy. Israel's request for assistance in fighting this fire needs a speedy and firm “yes” from federal and provincial governments, including sending fire retardant agents and water bombers.

Our own country knows only too well the devastating impact such fires can have. We can all imagine the impact on a much smaller country and its people. This transcends politics and parties. It is about people helping people and doing so as quickly and effectively as we can.

Afghanistan November 30th, 2010

Mr. Speaker, it is almost an example of here we go again. It has taken us three days for the minister to tell us how many visits have been made to the prisons with respect to inspections. He has told us now that there in fact are juveniles who are in custody in Afghanistan and he has those two numbers. All we are asking and have been asking all day long, and we still want an answer, is, how many of those visits concern children? Give us that straightforward answer. Why can he not do it?

Afghanistan November 30th, 2010

Mr. Speaker, the minister just said that Canadian officials responsible for monitoring detainees made 280 visits.

How many of these 280 visits concerned children in the hands of Afghan security forces?

Afghanistan November 29th, 2010

Mr. Speaker, to try to be fair to the minister's answer, he seems to have responded to my first question with, yes, children were transferred. He even referred to them as juveniles. He said there was a special facility for juveniles. He said they were transferred.

I am giving the minister a chance to answer a question very directly. Canadians want to know. Precisely what are the special measures put in place with respect to the protection of children?

Afghanistan November 29th, 2010

Mr. Speaker, I have a couple of direct questions for the Minister of Foreign Affairs. He has not answered them yet in the House today. I would like to give him another opportunity to do so.

First, were children transferred to the NDS secretariat in Afghanistan?

Second, if they were transferred, why were no specific special measures put in place with respect to the protection of children?

Business of Supply November 25th, 2010

Mr. Speaker, I do not think the argument about aid and diplomacy is over yet. I think there is a lot of room for persuasion in this Parliament. There is a lot of room for discussing with the government what else needs to be done and why it needs to be done.

The member asks if the glass half full or half empty or how terrible is the glass. I take the position that I do not have a theological or political objection to having soldiers doing training and education in Afghanistan, and I have never had an objection to it. It is part of our ongoing work. I do not think we should draw the line and say that the Afghans can have a nurse, or a doctor, or a policeman or a retired RCMP officer, but they cannot have one single soldier doing human rights work in the training of the Afghan army. That is a ridiculous proposition.

An equally ridiculous proposition is the one that all kinds of civilian work can be going on in Afghanistan without having the necessary security being provided to people. That is equal nonsense. It is a position that I cannot sustain or support.

Am I happy with the amount of the aid package? No. Am I happy with all the efforts that are being done on peace and diplomacy? No. However, that does not take away from the fact that I think it is important for us to have the flexibility to respond to the needs of Afghanistan and, yes, to the needs of our partners in NATO and in the United Nations.

Business of Supply November 25th, 2010

Mr. Speaker, I am sure that there are many who would like to be the sons of Lester Pearson, and I think that I can claim to be at least as much Mr. Pearson’s grandson as any other in this House.

We will not speak of his legacy, but I will say two things. First, I never thought that there could be an exclusively military, or even predominantly military, solution in Afghanistan. And I am certain that this is still not the case.

By the same token, there is violence and there are terrorists. This is a fact. I know no other words to describe the Taliban who would attack both civilian and military forces alike. The ability to respond to violence with some degree of force must be an option. I could quote the words of Lester Pearson in this regard, for that was also his point of view. Was there a military solution in Korea? No, there was not. Who was the Minister of External Affairs throughout the entire duration of the Korean War? It was Lester Pearson. Who was the architect of the UN's position that aggression must be resisted, and who thought that the attack against South Korea was a show of aggression and that the UN had an obligation to respond to ensure our collective security? Again, it was Lester Pearson.

There are many things that I could say about Mr. Pearson. He was one of the great minds behind the notion of collective security and the creation of the UN's ability to respond to genuine aggression by other nations.

The September 11 attacks were a watershed moment. The member understands that, I know. It was no one's conspiracy. It was an attack led by al-Qaeda. Al-Qaeda has never denied responsibility for that terrible event. It is difficult to conceive of a response to an act of such violence that does not take into account the fact that the government—a Taliban-led government—gave safe haven and even support to al-Qaeda. That government could not be allowed to continue to govern. The meaning of the UN resolution was clear and—

Business of Supply November 25th, 2010

Mr. Speaker, I must confess that is the first time a member of the government has ever asked me that question. I am somewhat taken aback but I will try to answer.

The first thing I would do in terms of the machinery of government at home is that I would not have three or four different task forces on Afghanistan and Pakistan. I would have one. I would insist that CIDA, the Department of National Defence, DFAIT and PCO all work together, that they bring their work together into one major task force.

I would have that task force headed up by a senior ambassador. I would make that ambassador responsible for the task force. I would make that ambassador responsible for coordinating our work in Afghanistan and in Pakistan.

Although I know that there may be some noses out of joint as a result of that, I think it is important that it be done.

We have to have a maximum political, aid and military presence, frankly, that matches that same work that is being done by our NATO allies. We cannot lose ground because we have stopped doing combat. We have to make sure our presence is still assured there.

I am sure the minister will share my perspective. I think the key political problem is that we are not going to find a solution in Afghanistan until we do far more to reconcile issues between Pakistan and Afghanistan.

I have not had a single meeting in Afghanistan or Pakistan where the other party was not essentially held responsible for much of the underlying difficulties in the conflict. I think we have to come to terms with that far more than we have.

I think we have to be very careful that in changing the presence in Kandahar the way we are, which I think is right in terms of where we need to focus our attention anew, we do not lose the continuity of our aid commitment.

I think there are a lot of aid projects that we have started, and we have to make sure we complete what we set out to do. We have to make sure we have sufficient funds to do something that continues to be significant in Afghanistan and that the funds do not simply get dribbled away in a lot of projects that do not end up adding up to a very substantial presence.

I certainly hope that the House committee, although we have had our differences, will be able to get back and look at this question. I think it is very important for members to continue to have access to Afghanistan and visit the country. We have had great difficulty doing that. I think the more often we are able to do that, the more effective our advice will be to the government as we go forward.