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Crucial Fact

  • His favourite word was fact.

Last in Parliament September 2021, as Liberal MP for Halifax West (Nova Scotia)

Won his last election, in 2019, with 50% of the vote.

Statements in the House

Special Joint Committee on Kyoto November 8th, 2002

Mr. Speaker, I am very pleased to take part in this debate on Motion M-82, proposed by the right hon. member for Calgary Centre.

This motion, should it be adopted, would express the opinion of the House on the creation of a special joint committee to examine the impacts of the Kyoto protocol. One of the problems with this motion is that the Senate would have to approve the creation of such committee. The House alone cannot strike a special joint committee.

The right hon. member for Calgary Centre has certainly heard about the ideas expressed recently by members of the Senate concerning the creation of joint committees and the problems that it causes for both Houses.

That being said, he worked diligently on his motion to create a special joint committee that would have the mandate to examine and analyze the regional, sectoral, consumer, environmental and provincial impacts of meeting Kyoto targets; to encourage the provinces and territories to provide their opinions as to the effects of ratification; to consider the effect on Canada of the ratification or non-ratification of the protocol by the United States; to determine if specific adjustment programs would be required; to obtain a comprehensive legal opinion on the constitutionality of ratifying the Kyoto Protocol without provincial agreement; and to provide recommendations as to whether Canada should ratify the protocol.

The government has stated its support for the ratification of the Kyoto protocol on climate change, but the position of the right hon. member is less clear.

For the government's part, we have been consulting extensively with the provinces, industry and the Canadian public on the Kyoto protocol.

A chronology of activities may help members of the House. Activities on climate change date back at least 10 years when Canada agreed to the United Nations' framework convention on climate change in 1992, at which time, I would note, the right hon. member was seated on a different side of the House. I would note that at that time he and his party did not advocate the establishment of a joint committee to study that matter.

After the conclusion of international negotiations on the Kyoto protocol in 1997, Canada's first ministers agreed to begin examining ways of meeting our climate change commitments and tasked their energy and environment ministers to design Canada's national implementation strategy for the Kyoto protocol.

Ongoing discussions with the provinces, territories and other stakeholders have thus been underway for many years. In June 2001, at the G-8 summit in Italy, the Prime Minister indicated that a decision with respect to the ratification of Kyoto would be taken by the end of 2002. The government has taken significant efforts toward this goal in 2002.

In May of this year the government released a discussion paper on Canada's contribution to addressing climate change, presenting options to meet our commitments. The discussion paper was considered by federal and provincial energy and environment ministers at their meeting on May 21, 2002. There were consultations with approximately 900 stakeholders in June.

More recently, the government tabled in the House a draft plan on October 24 which outlined how Canada would meet its Kyoto commitments. The Minister of the Environment stated in the House:

What we have put forward is an approach built on the best ideas to come out of the five years of constructive consultations with the provinces and territories, with private industry, with environmental groups and with the Canadian public.

This approach is based on principles on which I believe we can all agree, including: made in Canada within an international framework; collaboration and partnership; fairness; sharing, and no unreasonable burden; and transparency.

The Minister of the Environment noted that the government had tabled in the House its draft plan to engage in further substantive discussions with the provinces and territories. It should therefore be obvious that the government would have supported the October 24 opposition day motion that before the Kyoto protocol is ratified there should be a plan that Canadians understand, with costs, benefits and targets.

I understand that environment and energy ministers are scheduled to meet again on November 21 to further shape this plan. This will be their fourth meeting in 2002.

As the Speech from the Throne stated, the government will bring a resolution later this fall to Parliament on the issue of ratifying the Kyoto protocol.

In his address in reply to the throne speech the Prime Minister stated:

We have no choice but to act. It is our moral responsibility and it is in our enduring interest.

We are working hard with Canadian provinces and industries to develop an approach that will work for everyone. We will call for a fair contribution from every sector of society. We will have to reward innovators. Invest in new technologies. Be more efficient and productive. We can reduce the costs and maximize the opportunities. Citizens and consumers are ready to adjust their behaviour. Obviously, it will not be easy. We are grappling with very difficult issues. But I have no doubt that, working together, we will do it. We will have a strategy in place that allows us to meet our obligations by 2012.

The right hon. member for Calgary Centre wants to divert attention from the issues of the Kyoto protocol by the notion of a joint committee process. This is certainly not the case for all opposition members. For example, our colleagues in the Bloc and the NDP have been urging the government to ratify the protocol.

My question is this: Does the right hon. member have a position on the Kyoto protocol? If so, let him state it clearly and not hide behind the diversion that he has put before the House today.

Questions on the Order Paper November 8th, 2002

Mr. Speaker, I would ask that all questions be allowed to stand.

Government Response to Petitions November 8th, 2002

Mr. Speaker, pursuant to Standing Order 36(8), I have the honour to table in both official languages the government's responses to 10 petitions.

Technology Partnerships Canada November 8th, 2002

Mr. Speaker, in accordance with Standing Order 32, I have the honour to table in both official languages, on behalf of the Minister of Industry, the annual report of Technology Partnerships Canada for 2001-02.

Question No. 9 November 7th, 2002

Mr. Speaker, I ask that the remaining questions be allowed to stand.

Questions on the Order Paper November 7th, 2002

Mr. Speaker, the following questions will be answered today: Nos. 2 and 9.

Committees of the House November 7th, 2002

Mr. Speaker, I have the honour to present the eighth report of the Standing Committee on Procedure and House Affairs regarding the associate membership of some committees of the House, and I should like to move concurrence at this time.

(Motion agreed to)

Government Response to Petitions November 7th, 2002

Mr. Speaker, pursuant to Standing Order 36(8) I have the honour to table, in both official languages, the government's response to three petitions.

Supreme Court of Canada Appointees November 6th, 2002

Mr. Speaker, I am pleased to rise today to speak to Motion No. M-79 introduced by my hon. colleague, the member for St. Albert. It proposes that appointees and potential appointees to the Supreme Court of Canada should receive parliamentary scrutiny.

I take exception to the suggestion from the hon. member that if members on this side do not agree with him, we are therefore succumbing to the influence of the Prime Minister or that we are not acting independently or whatever. I wonder if it occurs to him that that kind of suggestion is itself undemocratic. Suggesting that we must agree with him or else we are making decisions for the wrong reason is entirely undemocratic. It is a remarkable comment coming from someone who puts himself forward as someone who believes strongly in democracy. It is not very democratic in itself.

The motion further proposes that Standing Orders 110 and 111 of the House of Commons should be amended to include such appointees and potential appointees.

I would like to start with a quote from the Prime Minister:

The Supreme Court of Canada plays a fundamental role in our democratic society, in particular as the ultimate guardian of the values entrenched in the Canadian Charter of Rights and Freedoms—

It is therefore essential for its members to be selected from among the most distinguished and most competent of jurists.

The current appointment process for Supreme Court judges, including that of the chief justice, is based on over 130 years of tradition and precedence and has been successful in achieving those very results that I spoke of a moment ago, and reiterated by the Prime Minister. It is true that the executive has discretion in the selection and appointment of Supreme Court justices.

Supreme Court appointments are made after extensive consultations between the Minister of Justice and senior judges, solicitors general, representatives and senior members of bar associations, provincial governments and other well informed individuals in the region where the candidate selection must take place.

Merit is the sole element taken into consideration when a Supreme Court justice is selected. Again in the words of the Prime Minister:

The proposed candidate must be held in the highest esteem by the legal community.

In making appointment decisions, qualities such as outstanding intellectual capacity, superior ability in judgment writing, the capacity for innovative thinking on emerging legal issues, and a demonstrated sensitivity to the diverse values contained in the charter are sought. These criteria, coupled with the traditional consultation process with respect to appointments to the Supreme Court of Canada, have proved highly successful in producing judges of the greatest distinction and ability for the court.

The quality of appointments to this court over the past three decades has received almost universal praise. From what I have seen of the U.S. experience it would seem to indicate that confirmation hearings achieve little in improving the quality of appointments to that nation's supreme court.

If we adopt an approval process that is similar to that of the Americans, we risk politicizing the appointment of judges, and this would not be in Canadians' best interest. We must approach these proposals with caution, therefore.

Providing for parliamentary scrutiny of appointments to the Supreme Court could deter some excellent candidates because of the ordeal of public and potentially partisan hearings. This for me is a serious and sincere concern. As the learned scholar Ed Ratushny observed:

...a prominent feature of many U.S. confirmation hearings has been personal attacks on nominees without respect for their dignity as human beings, let alone as Supreme Court judges.

Clarence Thomas said after his confirmation hearing:

If someone wanted to block me because they don't like the composition of the Court, that's fine. But to destroy me--I would have preferred an assassin's bullet to this kind of living hell that they have put me and my family through.

Scrutiny of these appointments would also impose constraints upon a government seeking to appoint a Supreme Court judge whose excellence as a jurist and as a person is universally acclaimed.

As well, care should be taken to ensure that any proposal for parliamentary scrutiny of court appointments does not undermine the independence of the judiciary.

Our judicial appointments system ensures the independence of the judiciary. Judges hold office doing good behaviour; judges enjoy certain legal immunities for anything they say or do in court; and only in rare cases would an inquiry be launched that would lead to the removal of a judge.

We must therefore, for all these reasons, be cautious when considering any changes to the appointment of judges.

Motions for Papers November 6th, 2002

Madam Speaker, I ask that all Notices of Motions for the Production of Papers be allowed to stand.