Borys Wrzesnewskyj

[Criminal Code, October 21st, 2005]

Mr. Speaker, I will not get into a game of comparing intellects. I will not take part in that sort of dialogue within this august institution. Members of the electorate can judge on their own the intellectual level of debate that takes place in this forum.

Let me refer to the example used, a conviction on speeding. In most of these cases there is very clear evidence and clear proof. There is a driver who has been stopped. The measurement is by certified radar equipment. That is why the proof in that particular set of circumstances is very clear. The balance of probabilities does not entail that sort of requirement. The balance of probabilities would allow for a case where someone sees someone zip by, says it looks like the person who lives in a house where that car is parked, and convicting on that sort of basis.

We are talking about a very serious piece of legislation. We understand that the legislation would have a very difficult time surviving a charter test. Our judiciary is built upon a tradition that calls upon the Crown to prove its case and on a presumption of innocence.

The balance of probabilities undermines those very principles, so it would not survive a charter test. If it does not survive a charter test, we have in fact defeated this whole exercise. Instead of having a bill that addresses a specific loophole that exists and being able to criminalize that particular activity, we would be passing laws that would be ineffectual and that would, in the worst case, undermine our judicial traditions.

[Criminal Code, October 21st, 2005]

Mr. Speaker, if the member opposite had listened carefully, he would have heard the example I listed during the speech, that of auto wreckers. There is great concern in those industries, because through their work they regularly obliterate VIN numbers.

What the fundamental issue is with this bill is the onus of proof and this whole concept of the probabilities: whether or not a person has to prove their innocence or whether it is up to the prosecutor, the Crown, to prove the guilt of a person. That comes back to the fundamental pillars of our judicial system and how our judicial system has been built up over decades and in fact centuries. One of those pillars is an assumption of innocence.

If we were to change this in a case of this sort and say that the balance of probabilities means that if the probabilities are 50% plus one that the person may be guilty, then in fact the person will be sentenced. Fifty per cent is almost fifty-fifty. It is a coin toss. That undermines the very fundamental basis on which our judicial system has been built.

The Crown has tremendous resources at its disposal so that it can in fact prove the guilt of someone who has been convicted. To shift that responsibility onto someone who would have to prove his or her innocence would be incredibly onerous. In fact, it comes back to some of those very democratic principles on which our society is built, which are that government apparatus, government departments and the prosecution have an obligation to prove guilt and that innocent people will not end up in prison.

Of course, as was pointed out, that is not a Conservative principle. I guess the principle of vigilantism, et cetera, is closer to the principles on the opposite side.

Let us return to this whole fundamental principle of institutions of the government and of the Crown not having the onus on them to prove guilt. Let us look at it being up to an individual citizen to have to do it. In fact, we see that in a lot of places in the world. In the former Soviet Union, that is exactly how things worked.

Even in Canada, in situations where the burden of proof lies on the Crown in very serious cases, murder cases, where beyond a shadow of a doubt we have to prove guilt, quite often with new evidence as the years go by we find that people who were convicted and have spent a great number of years behind bars were in fact innocent.

If we shifted to a coin toss, balance of probabilities, 50% plus one—and that is what we are talking about, basically fifty-fifty, a coin toss—that would be a fundamental shift, not just in how our judiciary has been built up but also in our democracy.

[Criminal Code, October 21st, 2005]

Mr. Speaker, I wish to express my support for Bill C-64, a government bill that would provide a new offence for altering, removing or obliterating a vehicle identification number on a motor vehicle. This bill is important as it addresses a gap that currently exists in the Criminal Code.

At present, there are offences in the Criminal Code that can and are being used to address the problem of automobile theft in Canada. These include, notably, the specific offences of theft and possession of stolen property. There is also the offence of taking a motor vehicle without consent, sometimes referred to as the joyriding offence. Also relevant is the offence of fleeing in a motor vehicle to evade a peace officer, an offence that is frequently engaged in by persons who have stolen cars.

However, while these offences can be and are being used, they do not fully address the activity that is proposed to be directly criminalized in Bill C-64. Currently, the activity of altering a vehicle identification number is most closely associated with the offence of possession of property obtained by crime, in section 354 of the Criminal Code.

When people are found to be in possession of stolen vehicles, it is not at all uncommon to find that those vehicles have had their vehicle identification numbers tampered with. Indeed, section 354 already includes a provision with respect to vehicle identification numbers. In particular, section 354 includes a provision stating that evidence that a person is in possession of a motor vehicle which has had its vehicle identification number wholly or partially removed or obliterated is considered to be evidence that the vehicle was obtained by an offence.

Why then is it worthwhile to also provide for the offence proposed under Bill C-64? The answer is that the proposed new offence does not address possession itself, which is already criminalized, but the actual act of tampering with the vehicle identification number.

A further understanding for the rationale underlying the proposed new offence can be found in part in the very placement of the proposed new offence in the Criminal Code. The offence would be added as new section 377.1. It would not appear adjacent to the possession offence at section 354 but rather adjacent to provisions such as the illegal damaging of documents and offences in relation to registers of information. These offences are designed to protect the integrity of certain important documents and registries of information in Canada.

The vehicle identification number system is itself an important record of information. Each vehicle is given a unique number to confirm its identity and origin. This number, properly remaining in place, plays a vital role in respect of detecting and retrieving a stolen vehicle after a theft. In addition, it can also be used to track recalls, registrations, warranty claims and insurance coverage. It has been referred to as the automotive equivalent of human DNA.

The government has a clear interest in protecting the integrity of this system. Therefore, it is proposing the offence under Bill C-64 which would address the altering, removing or obliteration of a vehicle identification number on a motor vehicle without lawful excuse and under circumstances that give rise to a reasonable inference that the person did so to conceal the identity of the motor vehicle.

This proposed new offence would clearly and directly recognize that tampering with a vehicle identification number for this purpose is wrong. The offence would recognize the act as a key and central aspect of a chain of activities involved in the theft of a motor vehicle and the reselling of vehicles or their parts, activities that are frequently engaged in by well organized crime rings.

This chain of activities, that also includes the transportation of stolen vehicles or their parts to foreign countries for resale, generates very considerable profit for organized crime in this country and abroad. It also deprives Canadians of their motor vehicles, which are, of course, extremely significant physical possessions, in monetary and practical terms, for individuals and families.

While insurance can provide compensation for this theft, the amount of theft contributes substantially to insurance costs that are a burden to society at large. The government has a clear and direct interest in addressing this chain of activities and, therefore, indirectly criminalizing one of the central acts that facilitates it.

The additional proposed offence may perhaps be seen as a subtle addition to the already existing offences in the Criminal Code, such as theft and possession of property obtained by crime, but it is an important and justified one for the reasons that I have outlined.

I observe as well that the National Committee to Reduce Auto Theft and the Canadian Association of Chiefs of Police have called upon the government to pass a distinctive offence of tampering with a vehicle identification number.

It is important to note as well that the creation of a distinct offence of this nature would more clearly help to indicate a perpetrator's potential involvement as part of an organized vehicle theft ring. In this regard, the fact of charges and prosecution under the proposed new offence would be of value to police and the Crown prosecutors in subsequent investigations and prosecutions.

It is also important to observe in this regard that the proposed new offence, with its maximum punishment of five years imprisonment, can qualify as a criminal organization offence under the Criminal Code. Where this is demonstrated, additional criminal law provisions can come into play, including the possibility of an additional conviction for one of the core criminal organization offences found in the Criminal Code, such as participation in the activities of a criminal organization, the possibility of consecutive sentencing for offences arising out of the same transaction, and a deeming of an aggravating factor on sentencing and reduced parole eligibility.

I recognize that questions have been raised as to whether appropriately severe sentences would be available for the proposed new offence where the offence has been committed in connection with organized crime. It should be underlined that this would be available by virtue of these additional criminal organization provisions of the Criminal Code that are designed for this very purpose. I would also underline that another piece of legislation currently before this House, Bill C-53, would provide for aggressive additional proceeds of crime measures in respect of criminal organization offences.

Therefore, these aggressive new proceeds of crime measures, if passed by Parliament, would also be available for the proposed new vehicle identification number tampering offence where it is demonstrated that this tampering was done for a criminal organization.

It must be recognized that not every person who alters, moves or obliterates a vehicle identification number necessarily does so in a criminal context. There may be innocent, lawful explanations for such activity. In recognition of this, the offence criminalizes the act of tampering with the vehicle identification number only where circumstances give rise to a reasonable inference that the person did so for the purpose of concealing the identity of the vehicle. Further, the provision would recognize the possibility of lawful excuse. These are appropriate safeguards in respect of the offence.

I recognize that questions have been asked as to why it was advisable to add the words “under circumstances that give rise to a reasonable inference that the person did so to conceal the identity of the motor vehicle”, if the proposed provision also makes reference to the possibility of lawful excuse. The reason is that in certain cases, like legitimate wrecking of an automobile, VINs are regularly obliterated.

In view of these regular circumstances, it is appropriate to more clearly identify a specific wrongful purpose in the definition of the offence itself. The defence of lawful excuse, as appropriate, would be left for circumstances where persons engaged in the act with the apparent wrongful purpose but nevertheless had an excuse for doing so.

It must also be acknowledged that a private member's bill, Bill C-287, introduced by the late Chuck Cadman, provided a critical part of the inspiration for the current government bill. It contains somewhat different language with respect to the lawful excuse element. In particular, Mr. Cadman's bill proposed including the words “the proof of which lies on the person” in the reference to lawful excuse. These additional words are now part of the government bill.

The inclusion of such words would put a persuasive burden on an accused to prove a defence. This is contrary to general traditions under Canadian criminal law under which the persuasive burden remains on the Crown with respect to guilt or innocence.

This is also, in particular, a concern under the Charter of Rights and Freedoms. In general, whenever an accused is required to disprove, on a balance of probabilities, any factor affecting the verdict of guilt or innocence, charter concerns can arise with respect to the presumption of innocence.

It is not the general practice under the Criminal Code for reverse burdens to be put on an accused with respect to guilt or innocence itself. Convictions are regularly obtained under existing provisions of the code with the full persuasive burden remaining on the Crown.

This is a normal part of our legal tradition in Canada. The government had no intention of leaving the proposed new measure open to a charter doubt. A reverse burden in this case was considered by the government not to serve any necessary purpose. Defence can be effective without it and so it was not included in the government bill.

This bill is an important addition to the criminal law tool kit. It will fill the gap that currently exists in the Criminal Code of Canada. It will address an activity that is part of the cycle of auto theft for profit, frequently engaged in by organized crime. It provides for an appropriate sentence of a maximum of 5 years' imprisonment for the offence itself. Further, in conjunction with existing and additional proposed measures with respect to criminal organization offences, it allows for the imposition of serious additional consequences where a link to organized crime is shown.

At the same time, the drafting of the offence provides for appropriate safeguards so as to accurately describe the criminal nature of the activity captured and so as not to impose a reverse burden on an accused with respect to guilt or innocence that could affect the charter viability of this particular offence.

The government is confident that this will be an effective and justifiable new provision of the Criminal Code. I call upon members of the House to support it.

[Criminal Code, October 17th, 2005]

Madam Speaker, I thank the member opposite for his support for Bill C-49 and his great concern for human trafficking. He also has a private member's bill, Bill C-283, which proposes bonds for people wishing to come to Canada. With his new found interest in human trafficking and support for this bill, I am curious whether he would consider withdrawing his private member's bill.

As many analysts have said when they have looked at the details of the private member's bill, in the best case scenario bonds posted for people wishing to come to Canada would limit visitors to those who are very rich or have very well off families. In the worst case scenario, there are many potential visitors from countries where, unfortunately, circumstances are such that these source countries have large numbers of people willing to take risks and perhaps to take on loans required to pay for these kinds of bonds.

The illegal trafficking in human beings and women in particular is a multi-billion dollar business, a business that can provide financing in these poor countries to people who perhaps would not otherwise have a way of coming to Canada. Analysts are saying this and logic seems to say that this kind of bill would allow and help in the trafficking of human beings, particularly women.

With his support for Bill C-49, will he be withdrawing his private member's bill?

[Petitions, October 17th, 2005]

Mr. Speaker, pursuant to Standing Order 36 I have the pleasure to present a petition signed by 30 people from my riding of Etobicoke Centre.

In recognition of the 100th anniversary of the Polish Alliance of Canada in 2007 and the contribution of Polish Canadians to the building of our great country, the petitioners pray and request that Parliament encourage Canada Post Corporation to issue a commemorative stamp on the organization's 100th anniversary in December 2007.

[Sudan, October 17th, 2005]

Mr. Speaker, I recently returned from a fact-finding mission to Sudan, including the devastated Darfur region, where millions of displaced persons live in refugee camps.

Despite warnings, I travelled to this region to see for myself the conditions in the camps to examine the response of Canada and the international community.

I am pleased to report that we should be proud of our Canadian Forces personnel. Our solders, acting as trainers with the African Union mission, are exceptionally professional while working under extremely difficult circumstances. Canada's involvement in Darfur is saving thousands of lives every month.

It was encouraging to see aid was reaching the camps where schools and hospitals were operating. While international NGOs had done a tremendous job in the camps, Darfuris still cannot return to their homes.

Days before my arrival there were a series of attacks where villages were burned to the ground by Janjaweed militia and Sudanese army forces. In the last few days, insurgents have kidnapped and killed African Union peacekeeping troops.

Canada and the international community must continue to help the refugees of Sudan and remain engaged in this country.

[Kipling Collegiate Institute, October 6th, 2005]

Mr. Speaker, a recent issue of Maclean's magazine featured 30 trailblazing schools across Canada.

Kipling Collegiate Institute, a school in my riding, was featured as one of the 10 best schools in the rising to a challenge category. Located close to Pearson International Airport, with a high concentration of recent immigrants, two-thirds of students speaking a mother tongue other than English and a rough reputation, the teachers, students and families of Kipling have turned things around.

Under the leadership of Principal Roger Dale fostering an environment of optimism and mutual respect, and his far-reaching vision of having students take ownership of their school and their futures, there are now 44% more students passing provincial exams and 40% fewer students failing courses.

This evening I will be visiting Kipling Collegiate Institute during its commencement ceremony. I join all members of the House in congratulating its enthusiastic students and dedicated teachers.

[Human Rights, October 3rd, 2005]

Mr. Speaker, Toronto defence lawyer Robert Amsterdam was recently expelled from Russia with less than 24 hours notice while working on a highly politicized case.

Agents of Putin's alma mater, the KGB or FSB, as it has been renamed under the new regime, came knocking at 1 a.m. They confiscated his passport, returning it hours later with a cancelled visa and expelled him from the country. In Vladimir Putin's Russia, the FSB is rediscovering its KGB roots.

As well, during a September 5 conference Mr. Putin bluntly told the west not to encourage democratic processes in former Soviet states as these were his turf.

A forceful message must be sent by Canada indicating its concerns about increasing violations of human rights and decreasing democratic rights that have developed under former KGB officer Putin's Russia. Perhaps we should not only reconsider Russia hosting the G-8 conference in 2006 but review the appropriateness of its membership.

[Textile and Clothing Industries, September 29th, 2005]

Mr. Speaker, I am pleased to speak on Motion No. 164, especially as it relates to the Government of Canada's work with the textile and clothing industries to help them adapt to new market forces. We are committed to the long term viability of both of these industries. Our goal is to work with them to develop effective ways to address the impacts of the reduction of tariffs and quotas in these sectors.

The Government of Canada realizes that it is the personnel of an industry that faces the brunt of these impacts. We recognize that all workers, including older workers, can and want to continue making a contribution. This is why the Government of Canada, in close collaboration with provinces and territories, has been working to test approaches to assist older workers to find and retain employment.

The Government of Canada invested $50 million in the older workers pilot projects initiative between 1999 and 2005. The initiative was extended until May of 2006 and enriched by $5 million. This will allow the Government of Canada, with provinces and territories, to continue to explore ways to assist older workers in the labour market while identifying key lessons that will inform future policy and programming for older workers.

Quebec has signed an older workers pilot project initiative agreement with the Government of Canada, under this extension, for over $3 million in federal funding to carry out projects for older workers. In addition, under this agreement the Government of Canada has committed to continue to work with the province of Quebec to identify the needs and long term solutions for older workers.

As well, many older workers are assisted through employment programs funded through the Employment Insurance Act. Across the country, 142,000 Canadians aged 45 or over were served in EI funded programs either developing new skills or receiving support through job counselling, resumé writing and job search assistance. Last year over 50,000 workers over the age of 44 in the province of Quebec were assisted.

Our approach to assisting workers means looking to the long term by helping to adapt to changing circumstances so they can continue to stay productive. That is the driving force behind the workplace skills strategy which the Government of Canada announced in the Speech from the Throne. Budget 2005 set aside $125 million over three years to help us work with the provinces, industry and unions to: first, help develop a highly skilled, adaptable and resilient workforce; second, build a more flexible and efficient labour market; and, third, make our workplaces more productive, innovative and competitive.

Sector councils have led the way in anticipating and planning workplace adjustment. Across Canada some 30 national sector councils bring business and labour together in key industries to identify and address human resources and skills issues. Both textile and apparel sectors have used sector councils to help facilitate change.

Last spring Human Resources and Skills Development provided funding of $5.9 million to the Textiles Human Resources Council to improve the skill levels of the textile industry workforce and to encourage young people to consider the textile industry as a viable career option. The Apparel Human Resources Council received more than $3 million to promote the skill level of its existing workforce and to attract and retain a new generation of skilled workers.

I hope the foregoing amplifies how the government is committed to a thriving textile and apparel industry in Canada. By working with industry and showing Canadians that we care, we are building a society of opportunity for years to come.

[Somalia, September 26th, 2005]

Mr. Speaker, the hon. Sharif Hassan Shaykh Aden, Speaker of the Transitional Federal Parliament of Somalia, is visiting with his Canadian counterparts to share with us the many challenges that his country faces.

Just recently I returned from a fact finding mission to Somalia where I saw first-hand the heart-wrenching conditions that are the result of 14 years of civil war and the anarchy of warlordism.

I also met with President Abdullahi Yusuf Ahmed, Prime Minister Ali Muhammad Ghedi, as well as many ministers and parliamentarians of the transitional federal government.

The message I heard from the Somali people was that their country had arrived at an historic opportunity and that they were awaiting their leaders to rise to the occasion, to set aside their personal interests and ambitions in order to reclaim a future for the people of Somalia and for the children of Somalia.

I welcome Speaker Aden and I hope that his visit will give impetus to Canada playing a greater role in civil society building in Somalia during this historic opportunity.

Somalia Hánolato!