David McGuinty

[Arab Heritage Month Act, March 3rd, 2022]

moved that Bill C-232, an act respecting Arab heritage month, be read a second time and referred to a committee.

Madam Speaker, it is an honour and a privilege to rise in the House this evening to begin the debate on my private member's bill, which would establish the month of April in Canada as Arab heritage month.

The first immigrants of Arab origin arrived in Canada in 1882, in the early years after Confederation, some 140 years ago. The population of Arab Canadians has since grown to over one million and continues to flourish.

The first Arab immigrant who arrived in Canada 140 years ago was Ibrahim Abu Nadir and he settled in Montreal. Since then, we have seen the Arab community grow and prosper in different parts of the country and truly help build the social fabric of Canadian society. The Arab population in Canada has increased by approximately 34% since 2011 and by about 75% since 2006.

Through its youth, our Arab Canadians’ futures are very bright. About 42% of the Arab population in Canada is under the age of 24. By comparison, the total Canadian population who is 24 years old and under was 29%. In addition, the Arab population in Canada has a lower proportion of people aged 65 and older, about 5%, than in the Canadian population as a whole, which is about 16%.

In my riding of Ottawa South, we have the second-largest Arabic-speaking population of the 338 electoral districts in Canada. I have many friends in the national capital regional Arab community and beyond. I am proud of their outstanding achievements, and it is a privilege to be their representative in the House.

Arab Canadians are proud of their racial and cultural roots and they are proud to be Canadian, which is why Arab heritage month is so important. It will provide the opportunity and space for Arab Canadians to showcase their culture, their talents and why they are proud to be both Arab and Canadian. This is important as there are sometimes misconceptions and misinformation about who Arabs are, what community members are like and their history in Canada.

Arab culture includes many different facets from food to music and from art to literature, all of which have a positive impact on Canadian society. From buying a shawarma wrap at one's favourite Lebanese restaurant here in Ottawa, to going with one's friends to le Petit Maghreb in Montreal to enjoy some mint tea and sweets from a Moroccan vendor, to buying embroidered silk and satin caftans from a Palestinian small business in Mississauga, and to hanging out in Arab cafés and lounges in Edmonton, these are just some of the many ways that Arabs share their culture with the broader Canadian community. We thank them for that.

Arab heritage month in Canada will be a terrific opportunity for Arab Canadians to be recognized for their contributions to this amazing country. It will give us the opportunity to recognize and pay tribute to the countless Arab entrepreneurs and small business owners right across Canada who do so much to support their communities.

Many stakeholders are supportive of this bill, including the Canadian Arab Institute. Jad El Tal, the director of research and policy for the Canadian Arab Institute, said to me last week that it is time for Arab heritage month to be proclaimed in this country so that Arabs can feel like they can celebrate both their Canadian identity and their Arab roots, which are not mutually exclusive. He said that an important part of being Canadian is celebrating how diverse we are as a nation, and that Canada can no longer paint a picture of the country without including Arab Canadians in the frame.

I agree with him completely. I share the sentiment and I support the statement. I have always believed that Canada's diversity is its single greatest source of strength. It is a conclusion I have arrived at having had the privilege of living on four continents, and working and travelling in over 80 countries. That belief that Canada's diversity is its single greatest source of strength informs this bill.

While Arabs come from different countries of origin and different religious backgrounds, they have more in common, such as leadership, entrepreneurial spirit and a strong work ethic, than they do differences. Of the people living in Canada and born in an Arab country, more than half have been admitted into Canada as economic immigrants, and almost 25% have been admitted into Canada as refugees.

In the most Arab-populated areas in Canada, the vast majority of Arabs are of Moroccan, Lebanese, Algerian and Egyptian origin. More than 90% of the Arab population in Canada resides in Ontario, Quebec and Alberta, with Montreal, Toronto and Ottawa-Gatineau having the highest concentrations.

Arab Canadians from all walks of life make important contributions to social, economic and political life in Canada, as well as to Canada's cultural fabric, including through literature, music, food and fashion.

This bill would recognize and celebrate the historic mark that Arab Canadians have made and continue to make in building our great Canadian society.

Heritage months are important to celebrate, to teach and to learn about each other and about other cultures. In Canada, we currently already celebrate the following such months: Tamil, Irish, Asian, Caribbean, Italian, Portuguese, Islamic, Black, Sikh, Jewish, indigenous, Filipino, German, Hispanic or Latin American and Women's History Month. Arab heritage month in Canada is long overdue, and I am hopeful that my colleagues will support my bill so that Arab heritage month can join the list.

In the United States, Arab America and the Arab America Foundation launched, in 2017, the first edition of National Arab American Heritage Month. Four years later, President Biden, through the U.S. state department, officially recognized April as National Arab American Heritage Month. Arab heritage month in Canada would provide us an opportunity to show our appreciation for the invaluable contributions made by Arab Canadians to build a stronger and more inclusive Canada.

It will be a time to recognize and celebrate the contributions of Arab Canadians, individuals such as, in business, Noubar Afeyan, the co-founder of Moderna; Ablan Leon who founded Leon's in 1909; Aldo Bensadoun, the founder of Canadian retailer Aldo; and Mohamad Fakih, CEO and founder of Paramount Fine Foods. In the media, there are individuals such as Mohamed Fahmy, an award-winning journalist, war correspondent and author, and Nahlah Ayed, an award-winning correspondent with CBC.

In arts and culture, there are René Angélil, husband of Céline Dion, a producer, talent manager and singer; K'naan, a poet, rapper, singer, songwriter and instrumentalist; and Mena Massoud, an actor who is best known for his role as Aladdin in 2019. Right here in the House of Commons, we have the Minister of Transport, the Minister of Housing and Diversity and Inclusion, the member for Edmonton Manning and the member for Laval—Les Îles.

On a more personal note, in my own family, I will begin with my Syrian Canadian godfather, who was a man of great intelligence, kindness and integrity. His origins were humble, in fact they were poverty, and his values instilled in me a deep appreciation for hard work, giving back and public service. More recently, many of my nieces and nephews have married Lebanese spouses. We have welcomed them with open arms into our large family and they have welcomed us into theirs.

The enactment of Arab heritage month in Canada would ensure that the contributions of Arab Canadians are recognized, shared and finally celebrated across this great country, not just every April but every day. I am asking my hon. colleagues in the House to support this bill. I hope, through my remarks, to have made support of this bill a self-evident truth. We are always stronger when we stick together.

I will close with the words of wisdom imparted to me by my late departed mother, who used to say to her 10 children at the dinner table, “Understand, children, if you pull apart, you will feel like five, but if you pull together, you will feel like 20.”

[Business of Supply, March 3rd, 2022]

Madam Speaker, in 2014, I had the distinct privilege of conducting a pre-election assessment for the entire country of Ukraine for the National Democratic Institute in Washington, D.C. I was part of a delegation of five or six members. At that time, it was clear to us that Ukraine was struggling to become the modern democracy that it has since become.

Unfortunately, I think a choice was made by the official opposition to conflate and to confound two extremely important subjects. One is the state of play in Ukraine and the other is the legitimate question about exports of fossil fuels to that region. That has divided this House in a very unfortunate way.

Could the member maybe address why it is so important for us to keep the tone of this debate, to keep these subjects separate and apart, as important as each of them is, given the tragedy that is unfolding today in Ukraine?

[Small Business, February 28th, 2022]

Mr. Speaker, my question is for the Minister responsible for the Federal Economic Development Agency for Southern Ontario.

Many business owners from my riding of Ottawa South had to close their downtown establishments in the face of the illegal blockades. The occupation carried on for more than 20 days, and the cost to local businesses was simply staggering.

Could the minister please update the House on what measures the government is taking to help these very hard-hit small businesses?

[Arab Heritage Month Act, February 7th, 2022]

moved for leave to introduce Bill C-232, An Act respecting Arab Heritage Month.

Mr. Speaker, it is indeed an honour and a privilege to rise in the House of Commons to introduce my private member's bill, which would establish the month of April in Canada as Arab heritage month.

The first persons of Arab origin arrived in Canada in 1882 in the early years after Confederation some 140 years ago. Since then, the population of Arab Canadians has grown to well over one million and continues to flourish.

Arab Canadians from all walks of life have made important contributions to Canada's social, economic and political life and to the cultural fabric of Canada, including through literature, music, food and fashion.

This bill would recognize and celebrate the historic mark Arab Canadians have made and continue to make in building our wonderful Canadian society.

(Motions deemed adopted, bill read the first time and printed)

[Criminal Code, December 14th, 2021]

Madam Speaker, the answer is yes, we are treating this as a health issue. Yes, this government remains open to the concept of decriminalization based on evidence and comparative experience, and I would encourage the member to bring that evidence forward to committee when this bill is being studied.

[Criminal Code, December 14th, 2021]

Madam Speaker, I want to pick up, if I could, where I left off, and that is the role and purpose of judges and the difficult role they fulfill when they sit as triers of fact.

I remember when I began my career as a young articling student with a criminal law firm, and I was struck by the difficulty judges face when these cases are presented to them. I was also struck by the connection between criminal activity and mental health and addiction. We know this to be true. We have seen the kinds of complexity which is put before courts and calls for the kind of judicial freedom to be able to assess meaningfully and find other opportunities to deal with a serious situation.

This bill would not do away with all mandatory minimum sentences. I said that in my remarks. There are occasions when that is the case, but we need to make sure that judges maintain that flexibility.

[Criminal Code, December 14th, 2021]

Madam Speaker, although I am desirous of seeing the kind of consistency the member alludes to, one size does not fit all. When there is a crime being adjudicated in a court, judges have a specific responsibility to adduce and hear all of the evidence; to consider it; and to take into consideration background, mental health and addiction. We have heard repeatedly on the floor of the House that this question of addiction is, on some sides of the House, considered to be a weakness, perhaps even a choice. Addiction is the antithesis of being free. When one is addicted, one is not free to make rational choices.

The answer to the question the member poses is that one size does not fit all. We now see that trying to force fit every case into a box, as the previous government did, has led to evidence of what we know to be the case, which is a small percentage of a population, for example, indigenous Canadians, being widely overrepresented in the prison system.

[Criminal Code, December 14th, 2021]

Madam Speaker, I want to begin by thanking the voters of Ottawa South. This is my seventh consecutive election. I am honoured and privileged to represent such a magnificent riding, a very diverse riding, with over 82 languages spoken and over 160 countries of origin. I like to describe my riding as “the United Nations of Ottawa South”.

A great deal of time has already been spent describing the objectives of Bill C-5, its proposed reforms and expected impacts. I support these changes, and I believe they will make a significant positive contribution to our criminal justice system. They will also contribute to efforts to address the undeniable and disproportionate impacts existing criminal laws have on certain communities in Canada.

We know that certain communities in Canada and other countries are involved in the criminal justice system at higher rates than other people. In Canada, the over-incarceration of indigenous persons and Black Canadians is well documented. The reasons for this are systemic, and they include our laws on sentencing. It is clear to me that the issue of over-incarceration must be addressed by revisiting our existing sentencing laws. That is exactly what Bill C-5 proposes to do.

Canada is not alone in recognizing that the increased and indiscriminate use of mandatory minimum penalties, or MMPs, has proven to be a costly and ineffective approach to reducing crime. Indeed, many jurisdictions comparatively around the world are moving away from this approach to criminal justice. While MMPs can be a forceful expression of government policy in the area of criminal law, we know that MMPs do not deter crime and can result in unjust and inequitable outcomes. The Supreme Court of Canada has been very clear about these issues.

Criminal justice policy is not developed in a vacuum. Evidence-based policy is informed by relevant research, including comparative studies from other countries. By examining a particular policy's successes and failures, we can develop reforms that build on what we know works and address what we know does not work.

For instance, while the United States, both at the federal and state levels, has historically made great use of MMPs, in the last decade many states have moved toward reducing or outright eliminating mandatory sentences, with a particular focus on those for non-violent and drug-related charges. These trends reveal a shift motivated by, among other things, a need to address high levels of incarceration and the corresponding social and fiscal costs. One could speak to a California legislator about how expensive it has been for the state of California over the last several decades.

This is being done by governments of all political stripes in the United States, and I encourage all parties in this House to recognize the true impacts of MMPs and work to improve our criminal justice system. Some in the United States have termed this the “smart on crime” movement. It is an approach that recognizes the need to address high levels of incarceration of young Black and Hispanic Americans, who face disproportionate negative impacts because of the use of mandatory minimum sentencing laws in the United States, particularly, as I have already noted, for non-violent, drug-related offences.

Some have also pointed out that mandatory minimum sentencing actually encourages cycles of crime and violence by subjecting non-violent offenders, who could otherwise be productive members of society, to the revolving door of the prison system.

Recently, the President of the United States indicated his intention to repeal MMPs at the federal level, where he has jurisdiction, and provide states with incentives to repeal their own mandatory minimums as well. Other countries have made similar changes. For example, in 2014, France repealed certain MMPs, predominately citing evidence that the reconviction rate had more than doubled between 2001 and 2011, increasing from 4.9% to 12.1%.

When examining trends in like-minded countries, we can see a clear policy shift toward limiting the use of mandatory minimum penalties to the most serious of cases and restoring judicial discretion at sentencing. While international comparisons cannot be the only lens through which we develop sentencing policy in Canada, particularly given our unique cultural traditions and diversity, such comparisons provide a useful backdrop against which to assess the adequacy of our own sentencing laws.

Currently, the Criminal Code and the Controlled Drugs and Substances Act provide MMPs for 73 offences, including for firearms offences; sexual offences; impaired driving; kidnapping; human trafficking; sex trade offences; murder; high treason; and drug-related offences, such as trafficking, importing and exporting, and the production of certain drugs like cocaine and heroin.

In the last 15 years, 30 offences have been amended, almost entirely by the previous Harper government, to increase existing MMPs or to impose new ones.

I was in this House when those amendments were made by the previous government, and when they were introduced, and I had an opportunity to debate them at the time. I was opposed to them then, and I am opposed to them now. I was particularly struck at the time by evidence that was presented to the House, produced by the criminal law policy division in the Department of Justice, where the director happened to be a former Progressive Conservative member of Parliament. The evidence adduced and presented by the Department of Justice indicated that the amendments the government of the day was pursuing would not achieve the outcomes it desired. It had been warned and forewarned, not only by opposition members at the time, but also by the think tank insider at the Department of Justice.

Bill C-5 would reverse that trend, and in so doing, it seeks to make the criminal justice system fairer and more equitable for all. It would repeal MMPs for 20 offences, including MMPs for all drug-related offences, as well as some for firearm-related offences. This is not a signal from Parliament that drug and firearms offences are not serious and not worthy of important denunciatory sentences in appropriate cases.

Firearms and drug offences can be very serious, and I have full confidence in our courts to impose appropriate penalties. Bill C-5, as I said, would not repeal all MMPs in the Criminal Code. This bill does not propose changes to the penalties for child sexual offences and other sexual crimes, nor would the mandatory penalty of life imprisonment for murder be changed.

Some will argue the government should have done away with all mandatory minimum penalties. Others will be critical of the government's decisions to reform the MMPs that are included in this bill. This bill is an important and balanced step forward, and I know our justice minister is always open to considering further changes in the future.

Despite there being differences of opinion as to the role of MMPs in our sentencing laws, I would not want these views to distract us from our job, which is to examine the important changes in Bill C-5. We have a good bill before us that has been welcomed by a broad range of stakeholders. It would make critically important changes, not just in the area of MMPs, but also with respect to conditional sentencing and the way the criminal justice system addresses simple drug possession.

I will be voting in favour of these changes because I am convinced they will make our justice system fairer and better. I urge all members on all sides of this House to support the swift passage of Bill C-5.

[Privilege, June 16th, 2021]

Madam Speaker, I will wrap up my presence this evening in the House, which was for sharing the work of NSICOP: the membership, the act, the powers it possesses, the restrictions, its role and its mandate.

I really want to thank all of the members who have served on the committee since the committee was created three and a half years ago. I really want to welcome the new members from the Bloc Québécois, the Conservative Party and the Liberal Party, who are joining other members, including a member from the NDP, and three senators. I am anxious for us to come together to continue to serve the Canadian people by taking on this enormous responsibility and sharing our findings with parliamentarians from all sides of the House.

We think we have an important role to play, and we believe we are acquitting ourselves reasonably well. However, we are always open to suggestions for improvement. I would ask the House to consider that there is a mandatory five-year review of the legislation that created NSICOP. It will be up for review in 2022, and I know all members of the committee would very much appreciate good guidance and recommendations for improvement in the way we operate.

[Privilege, June 16th, 2021]

Madam Speaker, the member's question gives me an opportunity to come back to an important theme that runs through the debate going on right now, which NSICOP members have been scrupulously careful not to directly participate in because of our special responsibilities. I mentioned the significant constraints that we all carry with respect to sharing information and the fact that our parliamentary privilege is waived in the context of the work we undertake. I know the member understands that and respects it.

I want to add to comments I made earlier, for his benefit and for the House's benefit, on government direction to the committee, a theme that has been raised in different places. The government has never pressured the committee to select or avoid a topic for review. It has never pressured the committee to change a finding or a recommendation. I think all members of our NSICOP committee would agree that we jealously guard the integrity and independence of the committee because we are seized with such profoundly important responsibilities in the area of national security and intelligence.