François Choquette

[Petitions, October 29th, 2012]

Mr. Speaker, I have two petitions to present today. The first one is from my constituents of Drummond, who are asking the Conservative government to protect old age security. They are completely against the two-year increase in the age of eligibility for old age security. They feel that it is a shameful attack on the neediest members of our society.

[Strengthening Military Justice in the Defence of Canada Act, October 23rd, 2012]

Mr. Speaker, I thank my hon. colleague for her question. Indeed, summary trials are problematic. I hope that everyone in the House recognizes how important it is that our troops be able to have another life after serving in the military. We need to help them transition to civilian life. Serving Canadians and protecting their rights and freedoms is not an easy job. Military personnel have to make major sacrifices and submit to a very strict discipline. Therefore, it is only natural for us to make their lives easier, as a way to thank them for their services. A person should not have a criminal record because of something that is not a crime. That is why Bill C-15 is inadequate and needs improvement, as I pointed out during my speech.

[Strengthening Military Justice in the Defence of Canada Act, October 23rd, 2012]

Mr. Speaker, I thank the honourable member for the question. If he is willing to propose amendments, then I encourage him to do so. We are still debating Bill C-15 because it remains flawed, as I have pointed out in my speech. I spoke of the flaws relating to summary trials, but there are several more. I do not believe the Conservatives fixed all those flaws. In fact, here is what Colonel Michel W. Drapeau said about summary trials:

I strongly believe that the summary trial issue must be addressed by this committee. There is currently nothing more important for Parliament to focus on than fixing a system that affects the legal rights of a significant number of Canadian citizens every year.

If my honourable friend says he has resolved the issue, good, but Bill C-15 remains flawed. That is why it is important to discuss it today.

[Strengthening Military Justice in the Defence of Canada Act, October 23rd, 2012]

Mr. Speaker, today I will be speaking about Bill C-15. I will begin with a brief history of this bill.

In 2003, the right hon. Antonio Lamer, former chief justice of the Supreme Court of Canada, tabled his report on the independent review of the National Defence Act.

The Lamer report contained 88 recommendations concerning military justice, the Military Police Complaints Commission, the grievance process and the Canadian Forces provost marshal. Bill C-15 is the legislative response to these recommendations.

We must mention, however, that only 28 of the 88 recommendations have been included in this legislation. Thus, the response is incomplete. Bill C-15 is not a full response to the Lamer report.

Bill C-15 has appeared in a number of previous forms. First there was Bill C-7, which died on the order paper when Parliament was prorogued in 2007—an act that, by the way, was undemocratic—and then Bill C-45, which met the same fate when the 2008 election was called.

In July 2008, Bill C-60 came along, simplifying the court martial structure and establishing a system for choosing the court martial format that would harmonize best with civilian justice.

In 2009, the Standing Senate Committee on Legal and Constitutional Affairs examined Bill C-60 and made nine recommendations for amendments to the National Defence Act.

In 2010, Bill C-41 was introduced as a response to the 2003 Lamer report and the 2009 report from the Standing Senate Committee on Legal and Constitutional Affairs.

It included provisions related to military justice, such as reforms to sentencing, military judges and committees, summary trials, the court martial panel and the Canadian Forces provost marshal, as well as provisions pertaining to the Military Police Complaints Commission.

Essentially, Bill C-15 is similar to the version of Bill C-41 tabled by the Senate committee in the last Parliament. The accepted amendments included the composition of the court martial panel and the appointment of military judges during good behaviour until their retirement.

Some important amendments were adopted at the committee stage, at the end of the last parliamentary session. Unfortunately, they were not included in Bill C-15. It is really strange, because many of these amendments were suggested and supported by the NDP and by others. For example, one amendment dealt with the authority of the Chief of the Defence Staff relative to the grievance process. That was a direct response to a recommendation in the Lamer report, and it is missing. There was also an amendment regarding changes in the composition of the grievance board, so that 60% of its members would be civilians. Once again, it is not in this bill. Finally, there was a provision to ensure that a person found guilty of an offence at a summary trial would not be unjustly burdened with a criminal record. That, too, is missing.

What the NDP wants are simple and important things that affect military justice and show respect for the people who serve the country by defending our rights and freedoms.

This bill does propose a number of important reforms. The NDP has long been in favour of the necessary updating of the military justice system. Members of the Canadian Forces are subject to very severe discipline and, thus, deserve a judicial system that is governed by rules comparable to those in the civilian system.

This bill has many shortcomings that we hope will be discussed in committee if the bill is passed at second reading.

The first thing that must be reviewed is the reform of the summary trial system. It is a serious problem. The amendments in Bill C-15 do not deal adequately with the injustice of summary trials. There is a true injustice in these trials. At present, a guilty verdict from a summary trial in the Canadian Forces results in a criminal record. Summary trials can cover many things, some of them insignificant.

They may apply not only to such serious charges as insubordination, but also to less serious offences such as drunkenness or the like, which have nothing to do with the criminal offences that would be found on a criminal record. This is a serious problem that must be reformed, and it must be done immediately.

For example, summary trials are held without the accused being able to consult counsel. There is no recourse and no transcript. We can imagine how a trial is conducted when there is no transcript of what was said. The name says it all: “summary trial”. It is summary, with no real justice and no recourse to a real, fair justice system. Summary trials are held for minor and major reasons, and there is no logic to them.

Moreover, the accused person’s commanding officer acts as the judge. That is much too harsh for some members of the Canadian Forces who are convicted of minor infractions. The fact that the commanding officer is also the judge raises questions about the impartiality of the process. Therefore, changes are needed.

These minor offences include insubordination, as I said, but also quarrels. “Quarrel” is a pretty big word to describe someone raising their voice to someone else. We have to look at the definition of “quarrel”. We are not talking about striking and injuring someone here. Accordingly, we do not see why this should result in a criminal record. Misconduct, again, is very broad. As I said, it is the commanding officer who decides all of this.

Absence without leave, drunkenness and disobeying a command are all undoubtedly very important for military discipline, I agree, but they do not deserve a criminal record, particularly since these soldiers have lives after their military service. Someone who quarrelled with one of his colleagues and who returns to civilian life could find himself with a criminal record because of this.

It then becomes difficult to find a job, to travel outside Canada and to find housing. This creates a whole host of problems for people who, let us not forget, serve the Canadian public and defend our rights and freedoms. Because of some of these measures, their own rights and freedoms are being trampled on somewhat by this military justice system. This process needs to be revised.

I could touch on many other aspects that need to be revised, but I will not have time. A lot of competent people have looked into this. Bill C-15 does not properly reform the military justice system.

To conclude, we in the NDP believe the Canadian Forces already have to meet extremely high standards when it comes to discipline. We know the strict discipline this job calls for. Members of the military are entitled, in return, to a judicial system that is required to meet comparable standards. A criminal record can make life after the military very difficult. Criminal records complicate the process of finding a job, renting an apartment or travelling.

Accordingly, the NDP will fight to make the Canadian military justice system fairer for the men and women in uniform who have risked their lives in the service of Canada. For that reason, it is very important that this act be revised, to respect and honour our soldiers.

[Business of Supply, October 18th, 2012]

Mr. Speaker, I would like to thank my distinguished colleague for his excellent speech.

What we are doing here today is quite rare: we are asking a minister to step down. We do not do this every day, and we are only doing so because this is a very serious matter. Indeed, the Conservatives have slashed some $56 million from the Canadian Food Inspection Agency, or CFIA, which ensures food safety. What did they think would happen? They are endangering the health of Canadians. The Minister of Agriculture and Agri-Food acted poorly and failed to show leadership or take responsibility. Even now, he is still refusing to take any responsibility for this crisis.

Does my distinguished colleague believe that the minister should step down for failing to fulfill his duty?

[Business of Supply, October 18th, 2012]

Mr. Speaker, I would like to thank the hon. member for Compton—Stanstead for his excellent speech. He clearly showed why the Minister of Agriculture must resign. It is rare that we call for the resignation of a minister, but in this case, we see that the minister did not fulfill his responsibilities and that he was negligent in managing this file. Fifteen people became ill and he still did not take the situation seriously.

Does the hon. member believe that the government's decision to make budget cuts to such an important and strategic area as food safety is in the best interest of Canadians?

[Petitions, October 16th, 2012]

Mr. Speaker, my second petition is on hydraulic fracturing, subsoil fracturing.

The petitioners are calling for a moratorium on hydraulic fracturing until studies are conducted and their findings are published. The petition is from the Council of Canadians.

[Petitions, October 16th, 2012]

Mr. Speaker, I have two petitions to present today.

The first concerns the Experimental Lakes research lab. The petitioners want the government to preserve the Experimental Lakes Area and to reverse its decision to cut it. According to a recent poll, water is the most important natural resource to all Canadians. We must protect this resource, and that is what this research lab does. It makes water its top priority so that we can have good-quality water. That is why I am presenting this petition.

[Canada Elections Act, October 3rd, 2012]

Mr. Speaker, some of the things I heard from the hon. member who just spoke are truly unbelievable. It is rather impressive.

I rise today to support second reading of Bill C-424, An Act to amend the Canada Elections Act, from the Liberal member for Beauséjour. This bill reflects many values that are dear to the NDP and also to Canadians, such as democracy, integrity and ethics. Furthermore, it reinforces our commitment to a transparent and ethical democracy and electoral process.

More specifically, Bill C-424 would increase the financial penalties for certain offences under the Elections Act. In addition, the Chief Electoral Officer would have greater latitude.

I will summarize the bill. Bill C-424 amends the Canada Elections Act to significantly increase—tenfold—the fines for certain offences under the act. The fines will go from $2,000 to $20,000 in the case of a summary conviction—a criminal offence that is less serious than an indictable offence—and from $5,000 to $50,000 in the case of a conviction on indictment.

The offences targeted by paragraphs 500(5)(a) and 500(5)(b) include delaying or obstructing the electoral process; offering or accepting bribes; compelling a voter to vote or refrain from voting for a particular candidate—for example, the whole scandal involving fraudulent calls or robocalls, in which people were asked not to vote, would fit into that category—acting as an election officer without being one; wilfully making a false statement; exceeding or circumventing advertising expenses limits; disclosing for whom the elector voted; intentionally counting the advance poll ballots prematurely; wilfully failing to declare a candidate elected; and knowingly conducting election advertising using a government means of transmission.

These offences apply to individuals, voters, election officers—including returning officers—polling firms, candidates, registered associations, party leaders and political parties in general.

The offences targeted by stiffer penalties relate to inappropriate behaviour that could seriously weaken the legitimacy of Canada's democratic process.

We are really concerned about this bill, because these are all actions that prevent people from recognizing the ethical side of the political profession. It is important that Canadians regain confidence in politics, because right now the public is really discouraged. In Drummond and in Drummondville people often tell me that politicians are all the same and that they are all corrupt at some point. We are trying to improve politicians' image. In order to do so, we need legislation with teeth. Increasing the fines is a good first step to improve the reputation of politicians and politics and to help people regain confidence in politics, so that they will get involved and have confidence in us as politicians.

We are all here because we want to serve our constituents and because we want what is good for our country. That is what the public should see in us, instead of perceiving us as people who abuse the system. That is why it is important to restore ethics. This bill is a good first step in promoting ethics in the context of the Canada Elections Act.

Regarding the monetary penalties for certain violations of the Canada Elections Act, the Chief Electoral Officer himself has questioned some of the disproportionately small penalties. We saw this earlier with fines of $2,000 and $5,000, which is ridiculous. This is not enough to deter malicious people from breaking the law. Much harsher penalties are needed, and multiplying them by 10 is a good start and a good idea. We must support this.

For instance, falsely representing Elections Canada using mechanisms like the infamous robocalls, or fraudulent phone calls, is punishable by a fine of only between $2,000 and $5,000. That is ridiculous. This problem has not yet been resolved in the House of Commons. We must find the guilty parties and ensure that this does not happen again in future elections. Results in some ridings were probably affected by this illegal practice.

The existing fines are not enough to discourage malicious people from doing this terrible deed—preventing people from voting by sending them to the wrong polling station. The Chief Electoral Officer shares our opinion and asked the government to do something. That is what my colleague from Beauséjour has done.

In a scientific article, a law graduate from the Université de Montréal reiterated the remarks of the Chief Electoral Officer:

The current penalties are not tailored to the offences. For example, certain aspects of the law may result in criminal prosecution when administrative penalties would be more effective and more quickly implemented.

She continues by saying that “the amount of the current administrative penalties should be reviewed.” She then again quotes the Chief Electoral Officer and says, “...serious offences carry disproportionately light penalties, including maximum fines that are very low—usually $2,000 or $5,000.”

It is appalling that people are committing such serious acts. Unfortunately, we still have not gotten to the bottom of this. We are having difficulty getting the Conservatives' support, which would allow us to get answers about Mr. Poutine and the absolutely ridiculous story of the fraudulent calls. We are not finished with this yet. Unfortunately, the Conservatives are not co-operating enough to resolve this problem, restore politicians' credibility and ensure that all members of the House, who serve the people in their ridings, act in an ethical manner.

Canadians want more transparency and they want to be able to once again have confidence in our democratic institutions. All elected members of the House of Commons must listen to Canadians. We must do everything we can to restore their confidence in our democratic institutions. That is why this act must be reviewed as quickly as possible.

In order to be thorough, Bill C-424, which was introduced by the hon. member for Beauséjour, deserves to be examined in more detail in committee. The bill is a good starting point, but we must continue to improve it. That is why it is absolutely necessary that it be examined in committee. The NDP supports sending this bill to committee. I hope that the Conservatives will also support it but, unfortunately, I doubt they will.

We look forward to the committee's findings so that we can analyze the direction that my Liberal colleague's bill will take. The Chief Electoral Officer must continue to play an important role in preserving the integrity of the electoral process. It is a matter of public interest. The many alleged offences during the last election clearly show that this is having a negative impact on Canada's democracy. That is why we must immediately take steps to improve the Canada Elections Act. This bill is a good start.

[Léo Descheneaux, October 2nd, 2012]

Mr. Speaker, I am very proud to rise today in the House to highlight the incredible contribution to our society by one of my constituents.

Brother Léo Descheneaux was recently awarded the Governor General's Caring Canadian Award at a ceremony held at the Citadelle, in Quebec City. This remarkable distinction clearly reflects the commitment of Mr. Descheneaux to his community. His record speaks for itself: he was named the Drummondville sports celebrity in 1991, inducted into the Quebec soccer hall of fame in 1999, and named the person of the year in 2009 by the Drummond chamber of commerce and industry.

Mr. Descheneaux has devoted his life and career to the development of sport at Collège Saint-Bernard and various sports organizations in Drummondville. He has always worked to help young people develop a healthy lifestyle.

I would like to take this opportunity to pay tribute to this exceptional man who is an inspiration to us all.