Fin Donnelly

[Ban on Shark Fin Importation Act, December 8th, 2011]

moved for leave to introduce Bill C-380, An Act to amend the Fish Inspection Act and the Fisheries Act (importation of shark fins).

Mr. Speaker, I rise today to introduce the bill, an act to amend the Fish Inspection Act and the Fisheries Act (importation of shark fins). I would like to thank the member for Vancouver East for seconding the bill.

The bill would amend the Fish Inspection Act to prohibit the importation of shark fins into Canada, and would make into law a prohibition on shark finning in Canadian waters.

Sharks are top predators and play a key role in maintaining ocean health. Their populations are plummeting around the world. Scientists report that up to 73 million sharks are killed annually for their fins, often by finning, a horrific practice in which the fins are severed from the shark and the shark's body is discarded at sea.

In 2009, the International Union for Conservation of Nature reported that over one-third of all shark species are threatened with extinction as a result of shark finning.

The best way to curb illegal finning is to stop the international trade in shark fins. Canada can become a world leader in shark conservation and ocean stewardship by adopting legislation to protect sharks.

I hope all members of the House will support this legislation.

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

[Violence Against Women, December 7th, 2011]

Mr. Speaker, today I wear a purple ribbon to remember and honour women and children who have lost their lives at the hands of a person they once loved and trusted. The second annual Purple Ribbon Campaign, organized by Tri-City Transitions, is part of the international campaign 16 Days of Activism Against Gender Violence. Its theme this year is “Peace Begins at Home”.

I congratulate Tri-City Transitions, which provides vital support to those affected by violence and abuse. It operates a women's resource centre, a transition house with an emergency shelter and provides counselling and victim assistance programs.

Today I introduced a motion calling on the government to take five specific actions to help end gender violence, including raising awareness of the issue and its root causes, as well as increasing gender equality.

I encourage all members of the House to take action and help break the cycle of abuse.

[Marketing Freedom for Grain Farmers Act, November 28th, 2011]

Mr. Speaker, the parliamentary secretary expressed a lot of passion for his points and the material he presented. Of course, there is a lot of passion on this side of the House as well. There seems to be a lot that members want to say on this issue.

Why is it that the government has forced closure? Why is it that we cannot have a good healthy debate, a good exchange of ideas and information in the House when we are dealing with such an important matter? It is an issue that the member has called historic and an issue that we on this side of the House feel extremely passionate about. Allowing a good healthy exchange and debate would be in the best interest of the Canadian Wheat Board. Why is it that the government is forcing closure on this? Could the hon. member comment on that?

[Copyright Modernization Act, November 24th, 2011]

Madam Speaker, in fact, that is the case. As elected officials, we are deliberating over a piece of legislation that will be in effect for a long time and will have application potentially for at least a generation or longer. It is incumbent upon us in the House to do a wide range of consultation, to consult far and wide, and listen to as much input as we can. That is one of the shortcomings of the government here in terms of ignoring expert opinions, many of which were raised at committee, and even by the findings in its own copyright consultation in 2009.

I would like to quote one individual. Michael Geist is a renowned technology commentator and he puts it succinctly when he says:

The foundational principle of the new bill remains that anytime a digital lock is used -- whether on books, movies, music, or electronic devices -- the lock trumps virtually all other rights.

This means that both the existing fair dealing rights and Bill C-11’s new rights all cease to function effectively so long as the rights holders place a digital lock on their content or device. The importance of consultation is needed and then once we get that consultation, we need to listen to that advice.

[Copyright Modernization Act, November 24th, 2011]

Madam Speaker, that is at the heart of the bill. It has not been thought through enough to realize there are some serious flaws in its practical application. The practical application of how this is to work has not been thought through.

As he quite rightly pointed out, the intent of the industry would be to have the artists or the creators re-initiate or somehow reapply in a very brief time. That is impractical. This will not encourage the use of art and music and the written form in a way that is practical in distributing to our community and supporting the needs of what we would call fair, balanced, creative creation and access to consumers in a fair and reasonable manner.

[Copyright Modernization Act, November 24th, 2011]

Madam Speaker, I rise today to speak in opposition to Bill C-11, Copyright Modernization Act. The legislation seeks to bring long overdue changes that would bring Canada in line with advances in technology and current international standards.

We know copyright is a highly complex issue that features competing demands from stakeholders in the artistic, academic, business, technology and consumer rights communities. However, I would argue that the bill does not do a good job of properly balancing these competing demands.

Before delving into some of the reasons why I oppose Bill C-11, I would first like to briefly review some of the main points that the bill seeks to accomplish.

Bill C-11 would create powerful new anti-circumvention rights for content owners through the use of digital locks. The punishment for circumventing digital locks would include fines of up to $1 million and five years in jail. This is concerning as it could mean that consumers are prohibited from using content for which they already paid. It would also have implications for those enrolled in long distance education courses.

While the bill would create limited exceptions to the fair dealing provision of the copyright modernization act for people such as educators, I believe these exceptions do not adequately recognize creators' rights and in fact create new ways for consumers to circumvent compensating creators for the use of their work. What the bill would not do would be to deal with the issue of extending a private copying levy, as has been the case in the past for cassettes, DVDs and CDs.

Why do New Democrats oppose the bill? Put simply, New Democrats believe Canadian copyright laws can and should strike a proper balance between the right of creators to receive fair compensation for their work and the right of consumers to have reasonable access to content.

As it stands, Bill C-11 means millions of dollars in lost revenues for artists. New Democrats will consider all possible amendments to the bill that would create a more fair royalty system for creators.

We propose removing sections of the copyright modernization act that make criminals out of everyday Canadians who break digital locks for personal, non-commercial use. We want to avoid the same kind of excessive lawsuits against ordinary citizens that we have heard so much about in the United States.

I have been amazed by the number of Canadians who are engaged on the issue of copyright reform. Thousands upon thousands of Canadians have written letters and emails about the copyright modernization act, and this is a wonderful thing. My office has received hundreds of letters and emails from constituents on Bill C-11. The vast majority have serious reservations about the bill, calling it flawed to the core.

I would like to take a few moments to quote directly from some of the emails that I have received, which many members in the House have also received. One email states:

As a Canadian, I am both concerned and disheartened by how easily my rights are trumped by the overriding and all encompassing protection for digital locks contained in this legislation.

The anti-circumvention provisions included in Bill C-11, unduly equip corporate copyright owners and distributors in the music, movie and video game industries with a powerful set of tools that can be utilized to exercise absolute control over Canadians' interaction with media and technology and may even undermine Canadians' constitutional rights.

I would also like to quote from an email I received from an author living in my riding in New Westminster--Coquitlam--Port Moody. Annabel writes:

I support modernizing the Copyright Act, but Bill C-11, an Act to amend the Copyright Act, proposes to cut back on rights that are the underpinning of writers' survival. There are more than 30 new exceptions affecting rightsholders. Many of these new exceptions take away or reduce the ability I currently have to control my work and to be compensated for it.

Among the most troubling of these exceptions is the extension of “fair dealing”, (which means uncompensated use) to “education”. If much more of the work of creators can be used for free and educational settings, the educational market is at risk of being legislated away. For Canadian writers and publishers, this will be devastating. At a time when the government has declared the goal of having more Canadian history taught in our classrooms, it is surely counterproductive to harm the market for the creators and publishers of that history.

I am not asking for anything new or anything more. I am asking that my longstanding property rights not be severely limited in C-11, so that I can continue to make my cultural and economic contributions.

The majority of emails I received were copied to the offices of the Prime Minister, the Minister of Industry and the Minister of Canadian Heritage.

Based on the number of emails that my office has received from people who are opposed to Bill C-11, I would estimate that the offices of the Prime Minister, the Minister of Industry and the Minister of Canadian Heritage have each received upward of 100,000 emails from Canadians who have serious concerns about the implications of the copyright modernization act.

However, it is not just Canadians that the Conservatives are ignoring on this issue. They are also ignoring expert opinions raised in committee and the findings of their own copyright consultations in 2009. As a result, we have before us today flawed legislation that will end up doing more harm than good.

I would like to ask the government to seriously consider amendments to its copyright modernization act that would create a more fair balance between the right of creators to be fairly compensated for their work and the right of consumers to have reasonable access to copyrighted content. Amendments should also be considered that would create a more fair royalty system for creators.

Finally, I would like to thank the hundreds of constituents who have written to me about this issue, and I encourage them and all Canadians to stay engaged on this important issue.

[Canada Water Preservation Act, November 23rd, 2011]

Mr. Speaker, I rise today to speak to Bill C-267, the Canada water preservation act.

This private member's bill seeks to foster the sustainable use of Canada's fresh water, and in particular, to prevent the removal of bulk water from major river basins in Canada.

Canada's New Democrats have long called for a ban on bulk water exports, which we see as a key component of a national water policy that would establish clean drinking water standards and strong environmental protection for Canada's freshwater systems.

While there are parts of the bill which I believe should be addressed and possibly amended at committee stage, I support the bill passing second reading. I encourage my colleagues on both sides of the House to do the same.

It is time for Canada to adopt a ban on bulk water exports. Water is a precious, renewable resource, but this resource has its limits.

While many Canadians may believe that Canada has an overabundance of water, this is a common misconception. If one actually looked at Canada's renewable water supply, one would see that Canada holds 6.5% of the world's renewable fresh water, not the 20% figure that is often touted. Furthermore, Canada ranks well below Brazil and Russia and has approximately the same amount of supply as Indonesia, United States and China.

Over one-quarter of Canadian municipalities have faced water shortages in recent years. While 72% of our country's population is concentrated within 150 kilometres of the United States border, most of our major river systems flow northward, creating a further disparity between supply and demand.

Furthermore, we know that the very real threats posed by climate change will only compound the challenges of managing Canada's renewable fresh water.

Indeed, the time is now for Canada to formally ban bulk water exports and to firmly oppose the notion that water in its natural state is a tradeable commodity.

For too long our federal government has left the door open to bulk water exports.

Looking back, 1993 was a significant year in the debate over water management. The North American Free Trade Agreement, NAFTA, fundamentally changed Canada's ability to control domestic water policy. For example, under chapter 11, foreign businesses have the ability to sue for damages when they believe they have been harmed by local rules. This is exactly what happened in British Columbia after the provincial government, a New Democrat government, I might add, implemented legislation in 1995 prohibiting the bulk export of water. As a result, under chapter 11, a California-based company filed a claim for $10.5 billion in damages.

This case highlights the threats posed to Canadian communities, and even democracy, when Canadian water is regarded as a tradeable commodity.

Water has often been up for negotiation under the security and prosperity partnership. There is a strong push toward North American energy integration, which includes water.

In 2007, Canadians were infuriated to learn their government was planning to undertake secret negotiations with the United States on the issue of bulk water exports. Because of the public outcry the government backed down on the negotiations, and the then minister of the environment, the hon. member for Ottawa West—Nepean, stated:

The Government of Canada has no intention of entering into negotiations, behind closed doors or otherwise, regarding the issue of bulk water exports.

I hope this remains the case today, because Canadians are still overwhelmingly opposed to Canada allowing bulk water exports. In fact, 66% of Canadians expressed support for a ban on bulk water exports. This is why in 1999 the House of Commons adopted a New Democrat motion to place an immediate moratorium on bulk water exports and to introduce legislation to formalize a ban.

In 2007 the House adopted an NDP motion calling on the federal government to initiate talks with its American and Mexican counterparts to exclude water from the scope of NAFTA.

In 2010 members of the House will recall that the government introduced its own legislation to ban bulk water exports under Bill C-26. While the bill was inadequate for a number of reasons, it did not progress beyond first reading.

Again, Parliament has an opportunity to formally adopt a ban on bulk water exports. As I have already stated, the time is now. By continuing to leave the door open, we leave our environment, our economy, and most important, our people vulnerable to unnecessary risk.

As Andrew Nikiforuk stated in a 2007 publication, “Exporting water simply means less water at home to create jobs and less water to sustain ecological services provided by rivers and lakes necessary for life”. He talks about the concept of virtual water, which is the water used to support the export of other Canadian products, such as cattle, grain, automobiles, electricity, wood, and of course, oil.

In addition to industrial uses of water, Canadians' personal use must also be taken into account. Unfortunately, Canadians rank as one of the highest per capita users of water in the world. While Canadians have an individual responsibility to limit wasteful consumption of water, this alone is not enough.

As I previously mentioned, over one-quarter of Canadian municipalities have faced water shortages in recent years. Many aboriginal communities in particular have faced immense challenges in securing stable, sufficient access to safe drinking water.

This week the member for Timmins—James Bay drew national attention to the state of emergency declared three weeks ago by the Attawapiskat First Nation. Access to clean drinking water is one of the many grave issues this community faces.

Canada cannot afford to be negotiating the export of our water. It is time to start taking care of Canadians first. This means adopting a national water policy that protects our water from bulk export, that sets clean drinking water standards, and that establishes strong environmental protection of Canada's fresh water.

I call on the government to respect the will of Parliament as expressed in 1999 and 2007, and to respect the opinion of the majority of Canadians by lending its support to the legislation banning the bulk export of water.

Canadians recognize the value of fresh water and are not prepared to allow water to be traded away, as we do with other resources.

I will be voting in support of Bill C-267. I urge all members of the House to do the same, so that it can be given a thorough examination by the Standing Committee on Environment and Sustainable Development.

[Fisheries and Oceans, November 22nd, 2011]

Mr. Speaker, the fisheries and oceans minister admits Canada's fishery is broken. He blames the mess on so-called red tape and inefficiency. His answer is to slash the department's budget, fire the scientists we need to help fish stocks recover, and eliminate regulation. It is like burning down one's house because the paint is peeling.

Instead of making the situation worse, when will the minister wake up and fix these problems?

[Senate Reform Act, November 22nd, 2011]

Mr. Speaker, not only after that, they would get a pension. This is the kind of thing that turns the Canadian electorate off. Canadians want accountability. They have been demanding accountability. In fact, they want more representation in how elected officials are chosen, or selected or elected. They do not want to simply see appointments made where there is no accountability.

There is no way to be accountable to those who elect one into office. It is simply a matter of appointment. There is no way of letting that elected official know whether he or she is on track doing a good job or not. It is a term and he or she will serve it out regardless, and at a huge expense to the Canadian taxpayer.

[Senate Reform Act, November 22nd, 2011]

Mr. Speaker, with Bill C-311, the climate change accountability act, what outraged so many Canadians was how it duly moved through the House, a momentous occasion when it finally passed at all stages. It then went to the upper house, where it should have received sober second thought. There could have been witnesses called. My understanding is no witnesses were called, not a single person was heard. In fact, there was a snap vote. It was done in a way that it was defeated in no time at all. Unfortunately, after all that work, such good legislation, which would have been amazing for the country, was gone with the snap of fingers.