Don Davies

[Technical Tax Amendments Act, 2012, May 28th, 2013]

Mr. Speaker, people on different sides of the House can have philosophical differences on what the best policies are to stimulate the economy, but I want to look at some numbers.

The Conservatives' philosophy starting in 2006 was to cut taxes, particularly on corporations. Their theory was that these tax cuts would stimulate growth, but in those six years under the Conservative watch, the debt of Canada has gone from $480 billion to $605 billion. That is $125 billion of additional debt added to Canada, a 25% increase in debt.

In terms of corporate taxes, the idea was that if they cut taxes to corporations, it would leave more money in the hands of corporations and the corporations would then invest it. The outgoing Bank of Canada governor, Mark Carney, has recently stated that there is $500 billion of dead corporate money sitting on the sidelines that has not been invested in Canada because those tax cuts were broad-based and they were not tied to creating jobs in this country.

Finally, I want to talk about unemployment, which is higher today. If we talk to people in communities across this country, they will tell us that there are more temporary jobs and more part-time jobs, but there are not the kinds of good-quality career jobs that used to typify jobs created in the 1970s, 1980s or 1990s.

Based on the numbers for the debt and the deficit, which is the highest deficit in Canadian history and is run by the current government, does my hon. friend consider those to be signs of the economic success of the Conservatives' philosophy?

[Technical Tax Amendments Act, 2012, May 28th, 2013]

Mr. Speaker, I want to inject some numbers into this debate.

The hon. member said that reducing debt keeps interest rates low, yet when the Conservative government took office, the debt was $480 billion and it is now $605 billion. The Conservatives have added $125 billion of debt to Canada.

He said that reducing corporate tax rates is important so that there is money to invest in the corporate sector, yet Mark Carney, the outgoing Bank of Canada governor, said it has $500 billion sitting on the sidelines. Unemployment is higher today than when the Conservatives took office.

The hon. member said the number one focus is on economic growth. I wonder if he can tell us what Canada's economic growth has been over the last six years, in percentage terms. That is what I really wanted to know. Does the member know the answer to that question?

[Not Criminally Responsible Reform Act, May 27th, 2013]

Mr. Speaker, not only has the Conservative government failed to add resources to make a meaningful improvement to treating mental health in our prisons, it has cut resources.

We had the prison farm system at a number of institutions in this country that was a resounding success, where we had mentally ill offenders working with animals. Prison psychologists and psychiatrists pointed out that it made a profound difference in the abilities of these people. Many of them had difficulty relating well to other human beings, but through the use of animal husbandry and other responsibilities, they learned the value of work and learned how to relate to other living beings.

The government cut the CORCAN program, a program where prisoners learned skills and trades and would build furniture that would then be sold to the federal government at reduced rates and give them a reason to work and adequate skills. There are closed CORCAN industrial arts places across this country in prisons.

Finally, there is not one stand-alone psychiatric facility for women in this country. The only one in Saskatchewan is in a male institution. There was a little part carved off for women in the middle of a male institution. Most of those women have been sexually abused or suffered from traumatic abuse and they are in the middle of a male institution. In our report we recommended that there be a stand-alone women's psychiatric facility. The government would not even do that.

Not only did it not put the resources in, it has cut the very resources in our system that would actually make our communities safer.

[Not Criminally Responsible Reform Act, May 27th, 2013]

Mr. Speaker, that is an excellent question and one that the committee looked at extensively in 2010, because there is a problem attracting and retaining health care professionals into the prison system. We looked into that very issue. In fact, recommendation 16 of our report says that Correctional Service Canada should develop an attraction and retention program for psychologists, nurses, psychiatric nurses, occupational therapists, social workers and other necessary professionals including paying market salaries, that Correctional Service Canada provide for dedicated budgets for the ongoing training of health professionals in order to make the environment more attractive to them.

These were two very tangible recommendations already made to the government three years ago. A further suggestion that was made as well was to locate prisons near hospitals, as is happening in Saskatchewan, where there can be a synergy between the psychology and psychiatric divisions of hospitals and universities working with the prison.

These are the kinds of innovative measures that have been taken in other countries and this is why the countries are having greater success at lowering recidivism rates than Canada is. But how much money have the Conservatives put in the Correctional Service system in terms of adding to the salaries to attract these professionals to the prison system? They have not done the job. They did not get the job done and that is why there is a paucity of those professionals in our system.

[Not Criminally Responsible Reform Act, May 27th, 2013]

Mr. Speaker, I am pleased to rise to speak to this profoundly important bill before the House. Bill C-54 is one that calls for all parliamentarians to reach deeply into their experience and their commitment to making good sound public policy in the country and it calls upon us to balance some of the most important values that we have, not only as parliamentarians but as Canadians.

The proposed legislation will amend the Criminal Code to create a process for the designation of “not criminally responsible” accused persons as high risk where the accused person has been found not criminally responsible of a serious personal injury offence and there is a substantial likelihood for further violence that would endanger the public or, alternately, in cases in which the acts were of such a brutal nature as to indicate a risk of grave harm to the public.Those designated as “high-risk” accused persons will not be granted a conditional or absolute discharge and the designation can only be revoked by the court, following a recommendation of the review board. It is important that this designation will apply only to those found not criminally responsible and not to persons found unfit to stand trial.

The proposed legislation outlines that a high-risk accused person would not be allowed to go into the community unescorted and escorted passes would only be allowed in narrow circumstances and subject to sufficient conditions to protect public safety. Also, the review board may decide to extend the review period for up to three years for those designated high risk, instead of annually. The high-risk NCR designation would not affect access to treatment by the accused.

This bill would also speak to the very important role of victims in this important matter. These changes would ensure that victims were notified upon request when an accused who had been found guilty and received a not criminally responsible designation was discharged. It would allow non-communication orders to be issued between the accused and the victim. Finally, it would ensure that the safety of victims be considered when decisions were being made about an accused person.

Provisions in the proposed legislation would also help ensure consistent interpretation and application of the law across the country. These proposed reforms would not change the existing Criminal Code eligibility for the exemption from criminal responsibility on account of mental disorders.

This is a very difficult issue for victims, families and communities and for all of those involved in the criminal justice system, from the police to the prosecutors to the defence bar to the judiciary. Public safety must come first when complying with the rule of law and the Canadian Charter of Rights and Freedoms, but it calls on very important balancing to be done. A number of recent cases that received significant media attention in Canada raised questions about the appropriateness and effectiveness of the current approach. In particular, we want to know how we can help victims better in the process and deal sensitively, fairly and effectively with not criminally responsible offenders.

In the coming weeks, we New Democrats want to talk with mental health experts, victims and members of the bar in provinces to find out what they believe is the best approach. It is important to note that we New Democrats do not want to play political games with this file. We must focus on the policies, merits and serious issues that are involved in this matter.

I want to talk about some things that jump out as inherently positive from the bill. First, Public safety as a paramount consideration is important to note. Second, increasing the involvement of victims in the process is something that will find favour on all sides of this House. Third, the ability of victims to be notified, to have non-communication orders issued and to have their own safety be considered in all matters respecting a not criminally responsible offender are all laudable goals.

It is positive to have review boards have the option and not the obligation to extend the time for review and it is something that will expand the efficiency of our system. However, it is important to note that there are important causes for concern and pause here.

This bill proposes that there be a limit to the number of community visits for high-risk accused persons. That introduces the concept of having mandatory minimum approaches to this area of the law that I think is so typical and characteristic of the Conservative approach to crime, which study, statistics and experience of jurisdictions around the world have shown to be such an utter failure. There is also a legitimate concern about charter compliance and, very importantly, unjustifiable stigmatization of those with mental illness.

I want to address something that I think the Minister of Natural Resources mentioned a couple of hours ago, and that is the fact that a very sizable proportion of offenders who get NCR designations had some experience with the law prior. In fact, a very sizable percentage of those people had been incarcerated before. It is very important for us to note what kind of assistance is available to people with mental health issues in the current federal justice and penal systems and what the Conservatives' record is on dealing with the people who have experience with our criminal system before they get NCR designations.

There was a committee prepared in December 2010 entitled, “Mental Health and Drug and Alcohol Addiction in the Federal Correctional System”. In that report, after exhaustive study across this country, visiting some 20 federal institutions and hearing from all kinds of witnesses, there were 71 recommendations made to the government to deal with mental health in our prison system. Those recommendations were for the very people whose mental health issues first emanate in our system and end up getting NCR designations in many cases. These were some of the things recommended.

Recommendation 1 stated:

That the federal government, in cooperation with the provinces and territories, make a commitment to and a serious investment in the mental health system, in order to ease the identification of and access to treatment for people suffering from mental health and addictions before they end up in the correctional system.

Recommendation 3 stated:

That the federal government work with provinces and territories in order to ensure that police officers, Crown prosecutors and other key players in the criminal justice system be trained to recognize the symptoms of mental health problems, mental illness and drug and alcohol abuse so that they can direct offenders to the appropriate treatment services.

Recommendation 4 stated:

That the federal government work with the provinces and territories on early identification of mental health and addiction issues affecting offenders in remand, and secure access to treatment services for them in order to address conditions that are so often precursors to escalating crime and incarceration.

Recommendation 5 stated:

That the federal government support the creation and funding of more drug treatment courts to divert offenders with addictions to treatment centres and mental health courts to divert those with mental health needs to appropriate services.

Recommendation 17 stated:

That Correctional Service Canada work towards a psychologist/patient ratio of no more than 1:35 at all federal institutions.

That was evidence received from the Canadian Psychological Association.

Recommendation 19 stated:

That Correctional Service Canada add psychiatric nurses and nurses at every federal institution.

Recommendation 21 stated:

That Correctional Service Canada place a renewed focus on individualized treatment for all offenders with diagnosed mental health conditions, including addiction issues.

Recommendation 28 stated:

That Correctional Service Canada cover the cost of all medication prescribed to treat mental illness of offenders on conditional release in the community through warrant expiry.

Those are just a handful of the 71 recommendations made three years ago to the government. Do members know how many recommendations the Conservatives have put into practice? Not one, not one of 71 recommendations. Yet the Conservatives stand in the House when there is a serious media story of someone who finally commits a serious act, someone who has been involved with the correctional system, and want to pass a law that deals with the aftermath.

Here is the difference between the New Democrats and the Conservatives. New Democrats want to work to prevent crime from happening in the first place. New Democrats care more about victims than the Conservatives do because we want to make sure that there are no victims in the first place. Instead of trying to deal with the aftermath, the shattered lives of victims after crimes have been committed, New Democrats will actually put money and resources into the system, unlike the Conservatives. Instead of chasing cheap headlines and cheap answers that do not work, we will put the resources in so that people suffering from mental health in this country get the treatment they deserve that will keep them out of the penal system, out of the courts and, most importantly, keep our communities safe. That is the sensible approach to mental health in this country. That is a sensible approach to deal with people in the criminal justice system. It is the only way we are going to make the public safe in this country. That is the New Democrat way.

[Not Criminally Responsible Reform Act, May 27th, 2013]

Mr. Speaker, I congratulate my colleague for a very thoughtful speech on a very difficult subject.

When we are dealing with issues of justice in this country, dealing with crimes that involve some of the most serious emotions and serious impacts on people that we can imagine, it behooves us as parliamentarians to move very prudently and cautiously, because what we need is an incredible balance. We need a sensitive balance that recognizes the unbelievable pain victims experience when they suffer from a crime committed against them or their loved ones. We must also balance and temper that with a sense of justice for the person who has committed that crime, because the point of our criminal justice system is, at the very end, to do justice.

I ask my hon. colleague if there are any facts or statistics that were used by the government in crafting this law, or does she feel that, like so many other Conservative laws before it, this is a law that is more about politics and wedging than it is about coming to thoughtful, effective criminal law?

[Vietnamese Canadian Community, April 24th, 2013]

Mr. Speaker, it gives me great pleasure to bring to Parliament's attention three occasions of great importance to the Vietnamese Canadian community.

The ancestor ceremonies are held by Vietnamese the world over. This is a moving custom in which families honour and respect their departed ancestors. It reflects the faith of the Vietnamese people in the eternal soul and memories of loved ones who endure in their hearts.

April 30 marks the day that South Vietnam fell to the Communists. It is a time to remember the courage and heroism of those who fought for democracy, human rights, and freedom, and to dedicate ourselves to restoring those values to Vietnam.

May 12 will be a day of celebration. In Vancouver Kingsway, we will inaugurate the creation of Little Saigon. This is a wonderful initiative that honours the social, economic, and cultural contributions of the Vietnamese community to Vancouver and Canada. By creating Little Saigon, the people of the Vietnamese community will show Canada and the world that their dedication to their country, their principles, and their heritage is strong and unwavering.

[International Trade, April 23rd, 2013]

Mr. Speaker, the NDP is opposed to incompetence. Only the Liberal Party is buying the Conservatives' explanation here.

Maybe the government is delaying because the FIPA allows Chinese companies to sue Canada in unaccountable tribunals, holding hearings in secret; or because it allows state-owned enterprises to undermine Canadian ownership of natural resources; or maybe because it does nothing to remove existing barriers keeping Canadian investors out of China.

When will Conservatives stand up for Canada and admit it was a mistake to sign the Canada-China FIPA?

[International Trade, April 23rd, 2013]

Mr. Speaker, the Canada-China FIPA ties the hands of Canadian governments, exposes taxpayers to huge liabilities, and fails to effectively help Canadian investors break into China's market. Now, by delaying approval without any explanation, Conservatives are creating confusion and hurting our economy.

Conservatives claim to be proud of this agreement, yet will not move to implement it. Why is that? If there are no problems with this FIPA, why is it still sitting on the Prime Minister's desk six months after it was eligible to be ratified?

[Business of Supply, April 18th, 2013]

Mr. Speaker, the hon. member claims that the current Conservative government has made trade a key component of its economic policy. If that is the case, it is a miserable failure.

When the Conservatives took power in 2006, the current account situation was that it inherited a surplus of $17 billion. Under their watch, they have now run us into the ground with a $67 billion deficit. We have a record $100 billion deficit in merchandise items.

If my hon. colleague thinks trade is so important, can she explain to Canadians why the policies of her government are running our Canadian exporters into the ground and creating the highest record current account deficits in Canadian history?