House of Commons photo

Track Charlie

Your Say

Elsewhere

Crucial Fact

  • His favourite word is going.

NDP MP for Timmins—James Bay (Ontario)

Won his last election, in 2021, with 35% of the vote.

Statements in the House

Settlement of International Investment Disputes Act January 28th, 2008

Mr. Speaker, I was asking myself, given that the panel has been around for 40 years, why is there a rush now? Why are we suddenly at a great trade disadvantage.

I think the answer was actually given to us just a few minutes ago by my Conservative colleague. At the beginning of my speech I said the whole scheme is predicated on two suppositions. One is that we believe that the World Bank is somehow an arbiter of international credibility and second, that we believe that chapter 11 and all its failings somehow will be transformed into a bonus to help average Canadians.

What we have seen with the Conservative response is that those members have their knickers in a knot over comments about Paul Wolfowitz. So clearly, we are at a distinct disagreement about what the World Bank's role is and second, we are being told, in fact to our face, chapter 11 is great.

If a corporation wants to go dump toxic waste in Mexico the corporation's right should be protected. If we want to go after a country that is trying to stop toxic chemicals being sprayed on lawns, we should be protected. If we want to go after a government in Canada to stop medically harmful additives in gasoline and we are corporate investors, we should be protected.

As for the rest of folks back home, they can just sit back and lump it. That is the Conservative vision that is actually being backed by the Liberals. And our friends in the Bloc seem to be saying, as long as they can sign onto the treaty, the Parti Québécois will sign on to anything.

However, folks back home will understand that a trade deal that takes away the ability of the public to participate, that takes away legal precedent in the country to examine and cross-examine, and a trade agreement that takes away any ability for appeal is not in the interests of folks back home, average people and neither is it in the interest of our sovereignty as a nation.

Settlement of International Investment Disputes Act January 28th, 2008

Mr. Speaker, I was quite surprised. I was not sure if my smear was that Wolfowitz had been corrupt or that he had engineered an illegal war, but I know I have certainly touched a soft spot with my Conservative friend and I am not surprised he is up defending chapter 11 so blindly. That is part of the ideological problem in the House.

I spoke about the specific issues of how chapter 11 is used again and again to basically undermine laws. He talks about how it gives us rights, but we have these rights before courts with our U.S. trading partners.

This takes away our rights, so that again we can have a numbered company constituted in Ontario that can suddenly claim it is American to take that outside the courts, to take that outside of a tribunal that is open, transparent and actually allows for briefs and counterclaims to be made, and gives it to three trade negotiators whose word is final.

If the hon. member thinks that is democratic, it is probably in keeping with the direction in which the Conservative government is going. However, the New Democratic Party certainly does not think that is democratic in any way and we certainly do not think it is in the interests of the Canadian public.

Settlement of International Investment Disputes Act January 28th, 2008

No, agriculture.

Settlement of International Investment Disputes Act January 28th, 2008

Mr. Speaker, I am very pleased to speak today to this bill, the World Bank's investment tribunal, which is being brought forward to the House through the International Centre for the Settlement of Investment Disputes. It was set up in 1966. I guess it has been a bit of a late bloomer. Here we are 40 years later trying to actually give it some legitimacy.

I have listened to the debate and I find it interesting, but it is predicated on two fundamentally wrong principles.

The first is the principle that if we look at the failed processes that are in place now for trade, particularly the chapter 11 mechanisms for NAFTA, it has been proven time and time again that they allow certain corporate interests to override regional, state and national governments and the legitimate interests of governments to protect citizens in a fair manner. That has been used again and again as a blunt instrument to push a privatizing agenda against national interests. We are supposed to accept that this principle, which has failed again and again under chapter 11, will somehow be different with this tribunal, even though it is using basically all the same input mechanisms, and that things will somehow be better this time.

The second element in this discussion, which we are supposed to accept, is the tribunal, through the World Bank, is such an august body that it will have legitimacy in its own right. We are supposed to forget 40 years of the neo-liberal experience under the World Bank and the severe damage it has done in development.

Therefore, I will speak on practical issues of how trade disputes are actually dealt with in the real world so we can bring a bit of perspective to this debate.

I will begin with the World Bank's credibility. Certainly it has taken a number of hits because it was a dumping ground for Paul Wolfowitz, who is notorious now as one of the architects of the illegal war in Iraq. He was such a liability to even George W. Bush that the Americans could not figure a place to dump him to get his radioactive state out of Washington, so they sent him to the World Bank.

Under Wolfowitz's leadership, credibility of the World Bank was severely challenged. There was an element with his girlfriend and losing complete support of the directors of the World Bank around the entire world. Therefore, there was a coup to get this guy out. Here was a guy who even George W. Bush would not be seen beside representing the World Bank.

I refer members to a recent article in The Guardian that said we should end the hypocrisies on the World Bank because the fact was the World Bank's credibility was shot long before Paul Wolfowitz brought his girlfriend on the scene.

Naomi Klein has written extensively about the failings of the World Bank in terms of ensuring that when we do have trade pacts and we do have development deals, that communities and national economies are able to benefit from them. She writes:

First, let's dispense with the supposed hypocrisy problem. “Who wants to be lectured on corruption by someone telling them to ‘Do as I say, not as I do’?” asked one journalist. No one, of course. But that's a pretty good description of the game of one-way strip poker that is our global trade system, in which the United States and Europe—via the World Bank, the International Monetary Fund and the World Trade Organisation—tell the developing world: “You take down your trade barriers and we'll keep ours up”.

We can see that whether it is farm subsidies or any form of international trade. She goes on to say:

The more serious lie at the centre of the controversy is the implication that the World Bank was an institution that had impeccable ethical credentials—until, according to 42 former World Bank executives, its credibility was “fatally compromised” by Wolfowitz.

The truth is the bank's credibility was compromised long before Mr. Paul Wolfowitz. It was compromised when it forced school fees on students in Ghana in exchange for a loan, when it demanded that Tanzania privatize its water system, when it made telecom privatization a condition of aid for Hurricane Mitch relief and when it demanded labour “flexibility” in Sri Lanka in the aftermath of the Asian tsunami.

While the rest of the world was raising money in our schools, in Canada and around the world, to help the victims of the tsunami, the World Bank was putting the squeeze on Sri Lanka to break apart its national policies on protecting its own workers. The Paul Wolfowitz scandal pales in comparison to that.

On the issue of corruption and accountability, she says that the World Bank has absolutely no credibility to speak of because the World Bank was there when the Soviet Union was basically picked apart by an oligarch of mafia interests. We saw the role the World Bank played in Chile with, of course, Milton Friedman, the original doctor of shock and torture for the economy, and the incredible damage that was done to all segments of society in what was actually a very middle class country at that time until the World Bank was through with it.

The World Bank has a lot to answer for in terms of its credibility of being a fair arbiter, an honest policeman on the world stage. I think many people in developing countries have developed a very strong distaste for that. We need to have that in mind when we talk about any trade agreements that come before us in the House.

The issue of trade is paramount to us as a nation. We are a nation of traders and we want fair rules. In our farming sector we have come up against incredible odds because some of our major competitors, the EU and the U.S. , continually dump products on the international markets and continually distort the price of grains and other commodities through their subsidies. It has hurt us but it has had devastating effects in the third world where y the EU or the U.S. can dump grain, corn or any other product into the third world where farmers do not have nearly the same protections.

When we all talk about a level playing field, it seems that they are never on the level playing field. Who is on the level playing field? Well, it is the corporations and their friends, but national economies, especially in the third world, are not on any kind of level playing field.

If a trade agreement comes before this House, we need to look at it through the prism of asking whether it will be fair, just, true and open trade or whether it continues to perpetuate a very one-sided cycle. Unfortunately, I believe that this one-sided cycle will continue.

I would like to speak to a couple of examples. It was mentioned earlier in the House the example of Metalclad in Mexico where a U.S. company felt that its rights were unfairly impinged by the fact that in its desire to use a poor neighbourhood in Mexico as a toxic waste dumping ground somehow its rights were violated by the fact that the people of that region said that certain base standards needed to be set. They said that as a municipal government, a regional government and a national government they needed to protect their country from being a dumping ground for waste.

Metalclad took that through binding chapter 11 arbitration. Anybody who says that the chapter 11 arbitration process is in any way fair or open is deluding themselves. They would be smoking the kind of stuff that I know our Conservatives are certainly wanting to snuff out.

What happened in that Metalclad decision has been repeated in numerous decisions under NAFTA, chapter 11, where basic rights of a country to set certain levels of standard have been erased by a body that is unaccountable, unelected and sets its own standards, in fact it sounds very much like the Liberal dominated Senate, but it has the ability to do worse because there is no appeal mechanism under chapter 11.

We are seeing a very similar setup with this World Bank front in terms of its mechanisms. Chapter 11 does not have to release the results of its findings. It does not have to allow any third party briefs to be brought forward. The ability of a national government to protect its interests once it has gone to a chapter 11 challenge becomes very limited.

I would like to speak about my own interest in chapter 11. We have a situation right now where the taxpayers of Canada are on the hook for a potential $350 million in damages that is being heard at a secret tribunal, a chapter 11 of NAFTA. That is being brought forward by a company 1532382 Ontario Inc. This is a company that was founded in Ontario and its board of directors is listed as being in Don Mills, Ontario. The people on the board of directors are not known to the public because they get to hide behind corporate anonymity, but this numbered company is suing the Canadian public for $350 million, claiming that its international rights were violated.

I want to go through this story so people in the House and anyone watching back home will know how this kind of, as Naomi Klein said, one-way strip poker is played.

1532382 Ontario Inc. was incorporated in the province of Ontario to go after a municipal waste contract under provincial jurisdiction. That provincial waste contract was the 1995 original bid for picking up garbage for the City of Toronto. The solution being offered by 1532382 Ontario Inc. was to ship it up to northern Ontario to the riding of Timmins—James Bay, where we have these massive iron ore pits that are filling with groundwater, and dump the garbage for 20 or 30 years in the pits. The fact that 380 million litres of groundwater flows through those pits a year is not a problem for the planners of this dump because it was actually written into this scenario that they would use the groundwater to wash the garbage and they would get 20 years out of these pits. Three hundred and eighty million litres of groundwater would flow through for all of eternity as far as we know unless something dramatic changes in northern Ontario. The guarantee was that this numbered company with no name behind it would set up a commitment that for 2,000 years it would run pumps to wash the garbage, to take the groundwater and pump it back into the surrounding environment.

In fact, when the planners came before the Ontario government with this plan, they actually costed out the cost of fixing the pumps 1,500 to 1,600 years in the future. It was amazing. They figured it would cost them $25 an hour 1,600 years in the future. That is like Clovis and the Franks talking about what it would cost to run trucks on our roads back in A.D. 600. This shows how absurd this plan was.

This plan was so absurd that it would never have made it to first base until of course the Mike Harris government came in. My God, there are certain people here who were there at the time when Mike Harris stripped the environmental assessment laws. Since they knew a deal like this would never go through with scrutiny, they put it through the biggest waste management proposal in Canadian history through a scoped EA where they were able to omit all the questions about groundwater safety so that this dump could get passed. In fact, the only question that was allowed in the entire hearing was whether or not the numbers from the computer model matched. There was nothing about real time experience at these pits. These were badly fractured pits. People who lived underneath the pits can tell us about the problems with the water flowing through. The miners who worked in the pits knew the situation in the pits.

The Harris government thought this was a great deal because some of the people involved in 1532382 Ontario Inc. happened to be from the city of North Bay, which was the home base of Mike Harris. It almost came to fruition but the people of northern Ontario and the Abitibi region of Quebec came together and said that was enough. They said that they would not go through with a project that was so risky, so unproven and so potentially disastrous to the health of their region that it literally took railway and road blockades to get this government's attention that there were problems with this plant, problems that would have easily have been identified if we had a proper environmental assessment in process. The dump plant for the Adams mine fell through, which is no surprise. Sometimes really bad ideas do not fly.

The reason I mentioned that dump is because a very curious thing happened afterward. At the time, 1532382 Ontario Inc. was identified with Gordon McGuinty, a North Bay businessman. He had Notre Development. He had a number of investors and many of those investors were well known. Many of them were from various parts of Ontario. When he had a problem, after the deal fell through and waste management walked away, he was looking for partners for this dump, and this is where another number of investors came through. Some of those investors were also identified with the Conservative Party. People who identified names who were involved in this were all from Ontario.

I could name them here. I am not afraid to name them. Mr. Cortellucci was identified as someone who certainly seemed to have an interest in this mine. Of course it was all behind numbered companies, so how do we find out?

This Ontario numbered company actually donated money to the leadership bid of the present finance minister. This Ontario company gave donations to the Conservative Party. It was clearly based in Ontario and it was dealing with a municipal contract. After the Adams mine deal fell through, the company sued the present Ontario Liberal government for $300 million for the fact that it was robbed of its deal. That lawsuit went nowhere so we did not hear anything more about this numbered company until last year. It was not interested in going through the Canadian courts anymore. It was taking its case to chapter 11 of NAFTA. How is it that an Ontario company that is donating money to Ontario political officials dealing with a municipal waste contract can go to chapter 11 as an international investor?

Lo and behold, Vito Gallo, a man nobody has ever heard of, steps out of the wings and says that he is the sole owner of this mine. I asked the Toronto city councillors who were involved in the negotiations if they had ever heard of Vito Gallo. They had never heard of him. I had to tell them that he was suing the Canadian public for $350 million claiming that he owned the Adams mine and that his mine has gone up in smoke. I was involved in those negotiations with the Algonquin nation when I worked with them and we had never heard of this man. Now he has this deal and is going before chapter 11.

There will be no appeal at chapter 11. We have no right to bring forward briefs about who was involved and who the potential Canadian investors were. We do not have the ability to do that. The Canadian public is trusting three guys in Washington to dispense justice on $350 million. In any kind of fair deal, as in the case of taking this dispute to a Canadian court, there would be depositions from both sides, there would be witnesses and there would be cross examinations. We would squeeze the Charmin to see if this case had any legitimacy at all. That is what the courts are there to do.

In a large dispute where a large amount of money is involved and where a provincial or federal law is in question, that dispute must be brought forward to be tested to ensure there is full due diligence. That does not happen with chapter 11. We have seen it time and time again where even dispute resolutions do not need to be made public.

How can something be transparent and open when third party briefs are not allowed to be brought forward and there is no right to full legal representation? How can something be transparent and open when a panel of three get to decide and their word is law? There is no appeal and no challenge process. If anybody tells me that is good for the business of the nation then we are certainly not on the same political wave length. I believe that certain issues need to be brought forward before any of these kinds of decisions are allowed.

This brings me to the World Bank's investment tribunal. I think we are dealing with many of the similar concerns that we saw with NAFTA's chapter 11. We have not seen that anyone has learned anything from chapter 11 about making these deals more open and more fair. In fact, this really seems to be just another way for the government and its friends in the Liberal Party to resurrect the multilateral investment treaty. When that treaty was brought to the public's attention, Canadians said that there were issues of national sovereignty and our economy that they were not going to give away to some arbitrary, unaccountable, unelected body to make binding decisions. That simply undermines our national sovereignty. There was a national response against the multilateral investment treaty. I know that certain people from certain ideological stripes felt the pain of losing that.

Under article 52, an annulment of this decision may only be allowed if:

(a) that the Tribunal was not properly constituted;

(b) that the Tribunal has manifestly exceeded its powers;

(c) that there was corruption on the part of a member of the Tribunal;

(d) that there has been a serious departure from a fundamental rule of procedure; or

(e) that the--

Settlement of International Investment Disputes Act January 28th, 2008

Mr. Speaker, I thought my hon. colleague's speech was fascinating. It actually fits in very well with an article I was reading in the Winnipeg Free Press today. The headline is: “Grits? Conservatives? Same thing. Poll says Canadians find the two major parties interchangeable”. According to the Canadian Press Harris-Decima survey, Canadians “view the two main political competitors--the Conservatives and the Liberals--as interchangeable”.

If we want proof of that, we only have to listen to what we hear from over there. Of course it was the Liberals as the champions of free trade who told us we would have clear investment rules with NAFTA. What we ended up with were secret tribunals under chapter 11.

I will bring forward the example of Metalclad, the company that went after the Mexican government because it felt that its right to dump toxic waste in a neighbourhood in Mexico was violated. Of course the Liberal Party thought Metalclad's position certainly was violated because it was a corporate investor.

Even though a municipal government, working with the state government and the federal government to protect its citizens, came forward with legislation to stop this toxic dumping, Metalclad had the ability to go before the chapter 11 tribunal, which is similar to what is being proposed with the kangaroo court at the World Bank, where there was an unaccountable forum, where the community and the country could not even bring legal depositions before it, and where the appeals process does not exist.

I love this: at the World Bank, it is going to be secret. It does not even have to tell people when they have been stuck in the back so of course the Liberal Party loves this. This is the Liberals' idea of free trade. It fits in perfectly with the Conservatives' idea.

I have a question for the member. Why do the Liberals not just join up with the Conservatives? They certainly have the same view of the World Bank, which is already a discredited institution in terms of development. They would allow unaccountable, hidden tribunals to go forward with no right of appeal. What does that say for the people of this country?

Canada Transportation Act January 28th, 2008

Mr. Speaker, I am very pleased to rise today to speak on Bill C-8, which people will remember was previously Bill C-58 and which is an act to amend the Canada Transportation Act. We are dealing in this case specifically with railway transportation.

I have already regaled the House with the rich history of my family in that I come from a long line of railway magnates. My great-great-grandfather was John P. McNeil. The “P” did not stand for anything. It was just that every man in the village of Iona was named John so they had to distinguish him from his eight brothers whose first names were all John as well. There were John Roderick, John Francis, John Albert, John Alec and John P. They ran out of names because the Scottish only name people after dead people and there just were not that many dead people in the family.

The great John P. McNeil was a porter on the Sydney Flyer. My grandfather told me that the family did not eat at night until John P. came in. It did not matter how late. The kids would wait out in the hallway for John P. to come in. He would sit down and when he had finished eating, he would say, “McNeil has dined”. That meant the children could eat.

That is actually a tradition that goes back to the 1200s and even before that when the McNeils were on the island of Barra. It was a raiding base for the Vikings. The McNeil, who was the clan chieftain, claimed the right to eat before all the lords of the earth. That is an actual historical fact, not that any of my relatives ever lived in the castle. I think they pounded seaweed on the shore for a living and then were sort of unceremoniously removed from their land and sent to Cape Breton, where they had to find work. Some of them went to the coal mines, but John P. worked on the Sydney Flyer.

Mr. Speaker, I know you are waiting for me to get to the punchline, but I think it all adds to the story.

I do not know if John P. had many great skills, but one of his skills was that he could always tell that a bootlegger was coming into Sydney. When they were coming in on the train, he would say, “A man who has a bottle of whisky in his suitcase always puts that suitcase down with just a little more care than if it was just his long johns”.

Of course there was not enough work for all the McNeils, so they had to move to Ontario and work in the mines. The ones who did not want to work in the mines worked on the railway, the great Temiskaming and Northern Ontario Railway. Part of my long, illustrious history is that my uncles, Andy and John, were porters on the T and NO Railway.

My mother tells the story about their travel along that railway from Timmins to North Bay in the summer. They would load up on the car in Timmins with a ticket that would last them as far as Schumacher, which was about two miles down the road. They would have their sleeping bags and coats. Obviously they were going on a long trip. They were always terrified that someone was going to notice that their ticket was for only two miles, not for 250. My uncles knew everybody on the train and used to travel up and down the train line for free to go stay with the aunts.

I know, Mr. Speaker, that you are wondering what this is all leading to. It speaks to my passion and yours. I am very glad that you are in the chair because of your deep love of history and railway. I know that you will give me a little leeway to sort of draw out what exactly the point of this discourse is.

I would like to move forward now to the 1980s and my own interest in the railway. We are talking about the government and its vision for infrastructure. It is putting in all kinds of effort on the gateways and ports but if people ever travel across this country they have to understand that it is not just the gateways, the ports or the megaprojects that make infrastructure work in this country. It is actually being able to connect them to the various places that makes it work, which of course goes back to my family's history on the railway.

The railway plays an important role in connecting. We have seen over the last number of years how much of the railways have been left. In some parts of the country they are being torn up and there are other areas where we have not built the necessary infrastructure.

As I said, I would like to speak about the 1980s, when a famous Scottish band came to Canada. This is a true story, although I know it sounds like a joke. A Scottish band came to Canada. I think it was called Aztec Camera. The band members landed in Halifax at that great port and then flew to Montreal. They played in Montreal and then drove to Ottawa. They left Ottawa and drove along the great highway. When they got to Toronto they thought, “This is what we always thought North America was”. Then they were told, “Your next gig is in Winnipeg. There is the bus. Now drive to Winnipeg”.

About 16 hours up the highway on the way to Winnipeg, a highway consisting of two lanes of traffic, moose every 10 feet, trees and no lights, the road manager looked at the driver, who was Canadian, and asked him if he could not have picked the Trans-Canada Highway to travel across the country. The driver said they were on the Trans-Canada Highway.

Anyone who has driven across this country knows that long, terrible drive through northern Ontario. Northern Ontario is made up of some of the prettiest country in the world, but Highway 11, which I live on, is in a terrible state. It is the truck transportation route for this entire country. If goods have to be moved west to east, they have to be moved along that little strip of moose pasture that runs between the rocks. People in northern Ontario ask why so many trucks need to be on these two lanes of traffic when the rail line is sitting right there and half the time is empty. That is the issue in northern Ontario.

We need to connect the infrastructure of this country so we do not just have great port plans and great transportation links with our major trading partner, the United States. We need a forward looking plan to ensure that goods coming off container ships from the Far East can be transported across this country in an efficient, economical and environmentally friendly way. The train, of course, takes on an important light.

Our role in Parliament is to look at how to improve the transportation networks of this country. Bill C-8 addresses a number of concerns that have been raised by shippers dependent on railway transportation. Over the years shippers have raised many legitimate concerns about how pricing is done on railways and about access to goods.

They also have raised concerns about the duopoly that exists right now with Canadian Pacific and CN and their ability to basically call the shots for anything that is going to be shipped in certain areas of the country. This financial stranglehold has a major effect on competitiveness and trade.

Many people who ship goods, whether they are agricultural products or products being shipped out of a mine's large bulk operations, are very dependent on the prices they receive from CN or CP for the cost of bulk transportation. Under a duopolistic regime, these shippers have very few alternatives to get their products out.

We know that there are 30 federally regulated railways in Canada, but many rail shippers are still captive shippers who are still dealing with these two big players. We need to look at how we ensure fairness in a system that does not have major competition and a system where it is not practical to bring in competition on these lines.

One of the changes we are looking at is a change to ensure a little fairness in pricing and how pricing is done so shippers get a fair deal, whether they are shipping grain or copper concentrates to ports.

The amendments to the Canada Transportation Act in Bill C-8 would help address some of the shipper concerns about rail service and rates that have been raised time and time again while at the same time providing regulatory stability to the railways to encourage needed investments to keep our exporters and importers competitive in international markets. This is key. We really need to ensure that the railway system maintains a sense of strong commitment to invest.

As Canadians, of course, we want to invest in our railways because they do play such a vital role and they always have, the Brian Mulroney regime notwithstanding.

A number of the amendments brought forward in Bill C-8 were actually developed in concert with shippers who brought their concerns to Parliament.

We are looking at the regulatory impact of the bill. One amendment would remove the requirement for a shipper to prove substantial commercial harm before applying to the agency for certain competitive remedies. That is a fair amendment. It is unlikely to be abused because we are talking about long term customers of the railway.

We also need to allow shippers to jointly apply. Right now they can apply only individually for final offers of arbitration on a common matter. If there are disputes, they could be grouped together and thus would not be drawn out. A ruling could be received fairly quickly.

We need to give the agency the authority to establish charges or the associated terms and conditions that would apply to shippers for the movement of traffic or incidental services.

This also will allow for the suspension of any final offer arbitration process if both parties consent to pursue mediation.

Again, these are reasonable requests that are being brought forward to actually help address these longstanding concerns.

It would also permit the CTA upon the complaint of a shipper to investigate charges and conditions for incidental services and those related to the movement of traffic contained in a tariff that are of general application and establish new charges or terms and conditions if it finds those in the tariff to be unreasonable.

Once again, I think these are all fairly straightforward and reasonable.

This would increase the notice period for augmentation in rates for the movement of traffic from 20 to 30 days to ensure that the shippers receive adequate notice of rate increases. Once again, when we are dealing with large bulk transport we need to have some sense of security and some sense of stability in terms of pricing if we are dealing with products.

It would require the railways to publish a list of rail sidings available for the grain producer carloading and to give 60 days' notice before removing such sidings from operation. Once again, if we are going to take out some of that infrastructure that people are dependent on, we have to give the shippers some advance notice so they can begin to make other arrangements.

We also need to ensure that the abandonment and transfer provisions apply to lines that are transferred to provincial short lines and subsequently revert to a federal railway, including the obligation to honour contracts with public passenger service providers.

This is a fairly straightforward and fairly technical bill in which the government is trying to bring in these amendments. As I said, it is to give our shippers some sense of fairness in a market that does not allow very large scale competition. We all know that markets with more competition are generally ones that will favour larger investment and larger use, but certainly with railway, because of the incredible cost of infrastructure and also the history, we have the two big giants. We have always had the two big giants, augmented by many smaller lines and by provincial lines.

In my own region, the Ontario Northland is a provincial line that runs from Hearst. It used to be by rail but now it is by bus. From the Kapuskasing-Cochrane region and actually from Moose Factory the train line runs provincially down south to North Bay, and from North Bay south it becomes one of the CN lines. We are still moving provincial goods along that line. It is still a provincial railway.

It is of paramount importance in our region, because right now if we want to move out any of the goods from the mines, in particular the sulphuric acid cars that are coming out of the Horne smelter in Rouyn-Noranda and the Kidd Creek smelter in Timmins, it is superior by far to move it on the train lines.

These are massive bulk operations, so the shippers need to have some security. As well, we are moving out copper concentrates and zinc concentrates from the Horne smelter in Noranda and also from the Kidd smelter in Timmins. We need some stability in regard to knowing the pricing. As for what is being forwarded in this legislation, even though it is coming in on a provincial line, as I can see from my own region and our dependence on railway traffic, these changes are practical.

Certainly in western Canada the rail lines play an incredible role in the movement of goods and people. As we know, when we are driving across the country and we get to one of those rail sidings when the grain cars are coming along, we can pretty much read from one end of the newspaper to the other before the train has passed.

I am always thrilled to see those train cars come along. I see them coming to the port in Thunder Bay where they end the journey so the freight can then travel by boat. When we see how much can be transferred on those lines, it is truly impressive.

Certainly with the whole move we have seen to the container shipping system, which has actually revolutionized transportation and commercial dealings around the world, we in Canada need to make sure that our railways are in the game and are there with prices that shippers can actually trust so they choose the railway as opposed to simply putting their product onto our overstretched highways.

Whether it is provincial or federal, the investment in highways just has not kept up. In so much of our country, as I have said, we are dealing with two lanes of traffic, except on the busy 401 stretch. Having that massive amount of truck traffic has not been a bonus for our economy. It is costly to the taxpayer because of the impact on roads. We do have a railway system, but we need to ensure that system.

Before I close I will speak a little bit about the whole vision of a national infrastructure plan. As I said, the government is focused on the terminal ports and the gateways for trade, but in order to make trade work in this country we need a vision that says infrastructure and transportation go hand-in-hand. Whether it is the port or whether it is the highway, the two lanes of thin traffic that has to cut through the Canadian Shield carrying the goods, that has to be part of the equation as well.

Infrastructure also goes all the way down to a vision for our municipalities. They are increasingly having to carry the burden of maintaining infrastructure that used to be provincial or federal.

In my little community of Iroquois Falls over 30 kilometres of public highways has just been downloaded and called local roads. There is no base in the taxation to cover off the cost of those roads so they eventually start to deteriorate. It makes it very difficult to attract business to regions when the fundamental infrastructure, whether it is roads, bridges or sewage, begins to deteriorate because the ratepayers, average citizens, are having to pay for it on their water bill or municipal housing bill because there is no provincial or federal commitment to infrastructure.

We have to make infrastructure a priority in the House. The infrastructure deficit being felt across our municipalities right now is affecting regions of the country to maintain a competitive ability to attract business.

I had wanted to speak about infrastructure because railway is part of infrastructure and I will end on that and say that we are very interested in Bill C-8. We think it is a practical bill and the kind of bill that has been brought forward because there have been consultations with many of the shipping and trade associations, including the Canadian Wheat Board. I know that might upset some of my Conservative colleagues but the Canadian Wheat Board certainly felt that there were issues dealing with grain transportation and fairness of price.

We spoke with the Forest Products Association of Canada. We are hauling logs through northern Ontario. I know that in northern Canada rail plays a big part in hauling our wood, our finished products and our logs.

The Canadian Canola Growers Association is in support of this along with the Mining Association of Canada. If are going to do large scale mineral development in this country, at the end of the day we have to ship the products out and rail, by far, is the vehicle of choice to move concentrates or finished products out of mining operations to the ports, particularly the ports on the Pacific right now because the Chinese boom has certainly fuelled a major boom in base metals. We know that is a fact in my region of Sudbury as well as Rouyn-Noranda and Timmins. The railway plays an incredible role in the movement of base metals to serve the expansion in the Far East.

The Western Grain Elevator Association has shown its support for the bill along with Pulse Canada and the Inland Terminal Association of Canada.

At the end of the day, we are talking about some practical amendments to the Transportation Act to ensure fairness of price and that the overall dominance of the market by the two big giants does not come at the expense of the people who need to be able to ship products, who need certainty in price so that they can make long term planning decisions and investments in the economy that will help it continue to grow in the 21st century.

I look forward to seeing the hon. Speaker tonight at the Robbie Burns dinner. I know he apparently has some Scottish background. As one who also has a Scottish background, I wish him all the best, two days after Robbie Burns day.

Canada Transportation Act January 28th, 2008

Or Timmins.

Judges Act January 28th, 2008

Mr. Speaker, I was intrigued by my hon. colleague's dissertation on the pressures that we are seeing in courts all across the country. I know that many families in my riding cannot access the kind of justice they need because of the stress.

However, it becomes exacerbated if we look at the issue of isolated first nations communities. We certainly have a double standard in health, in education and definitely in justice in first nations communities.

Just recently, the Nishnawbe Aski Nation brought forward a human rights complaint over the issue of policing in isolated communities. The Nishnawbe Aski police are working under conditions that no non-native police service would ever be expected to work. Communities are not being served with proper justice at that level. When cases finally go to court, there is a lack of judges and legal representation to help people in isolated communities.

I would like to ask my hon. colleague if there is anything in the bill to address the woeful under-representation of resources for first nations law and justice in the isolated regions of the country.

Canada Elections Act December 13th, 2007

Mr. Speaker, the answer should be fairly straightforward. Number one, when we bring forward legislation and we look to new laws, we have to bring forward witnesses, listen to witnesses, question witnesses on the veracity of their viewpoints, and we have to show basic respect for the fact that these witnesses have come forward.

I would like to speak about Ms. Tina Bradford who is a labour lawyer who tried to speak to the committee and she got all of 11 sentences in her statement. She was told by the chair that the committee was running out of time and that was the end of it. This is about whether or not someone should be allowed to vote and she was cut off after 11 sentences. This was an embarrassment. It was like a kangaroo court.

I asked her in questioning because I was the only one asking questions of witnesses who had taken the time to prepare briefs and the time to study. These were people who had come from the legal profession to provide the numbskulls that were looking at this legislation with answers. I cannot say it is anything else but numbskulls. If people are not going to do their homework, if they are not going to ask questions, then how can they say that they know what they are talking about?

I asked her specifically about the issue of voter fraud and enfranchisement. I asked, “Is what we're suggesting in Bill C-18 workable?” She told me that from her experience with working on enfranchising voters, that it was a ridiculous provision. That was her word. She said, “I've only been able to use this vouching system on one occasion and it's a ridiculous provision. It provides nothing to people who vote”.

I asked her again about the issue of voter fraud from her experience as a lawyer working on the street. She said, “In all my time volunteering at polling stations I've never experienced any voter fraud. What I do experience is that people are turned away voting for the first time in their lives, people who really want to vote and they are often being turned away”. That is what she gave us as testimony.

If people disagreed with it, they should have asked her questions. They should have had it on the record. To allow her 11 sentences, as a statement, shows that we simply are failing in this role in Parliament. As I said, I think it is a very dismal trade when such events are allowed to take place.

Canada Elections Act December 13th, 2007

Mr. Speaker, my colleague, in representing an area like Cape Breton, will know the problems. I do not know where Elections Canada gets its maps from sometimes but I know that in my riding people are sent to polling stations 40 or 50 kilometres up the road. The result of that is that they simply do not vote or, if they do try to vote in their own town, they are told they cannot even though they have been in that town their whole life, and they end up not voting. That is a very serious issue.

When Bill C-31 was brought forward, our party brought forward a number of amendments to try to make the bill workable because at the end of the day, as I keep repeating, our job is to make legislation that works and that is practical.

When we found that there was not that much interest in addressing the issues we were raising, the fact that numerous people would not meet this new requirement and we needed to fix the problem, we ended up voting against that bill because we felt that it would come back to haunt us. It has already come back to haunt us twice.

The other astounding testimony that was given just the other day on Bill C-18 by Jim Quail was that this was now facing a charter challenge. It was going to court. Again, no one seemed interested in asking him any questions about the fact that we might get legislation that gets its rear-end kicked all over the courts. However, I asked him questions and there was a clear legal precedent about any interference in the right to vote.

Once again, if we are going to make laws, we need to ensure they stand up to scrutiny and the test of time. Unfortunately, Bill C-18 could have done it, and we were certainly willing to work at it, but at the end of the day I think we will be back to square one. We will still have problems with the way the vote has come down.