Guy André

[Criminal Code, March 10th, 2008]

Mr. Speaker, I am pleased to take part in the debate today at report stage on Senate Bill C-203. This bill would amend the Criminal Code to impose harsher penalties for animal cruelty offences.

This bill is causing quite a stir among people and organizations calling for improved animal cruelty legislation. The current legislation has not been amended since 1892, 116 years ago, when animals were seen as having a utilitarian function rather than a role as companions, which many animals have taken on over time.

In addition, it so happens that Bill S-203 is being debated before Bill C-373, introduced by the member for Ajax—Pickering. Essentially, Bill C-373 is a repeat of Bill C-50, introduced by the previous government, which is more in line with the needs expressed by animal activists. Moreover, the Bloc supported Bill C-50 in principle. But we will analyze Bill C-373 later in the parliamentary process.

Bill S-203 is not perfect. The witnesses who appeared before the Standing Committee on Justice and Human Rights, which I sat on at one point last week, often mentioned the obvious flaws in this bill that we have noticed.

First, Bill S-203 does not clearly define negligence, which means that it will still be difficult to prove that someone is acting negligently towards animals. Second, Bill S-203 provides little protection for wild or stray animals. Third, it keeps the categories of animals currently protected by the 1892 legislation: cattle, dogs and birds.

Under Bill S-203, animals would remain primarily property. The bill does not even deal with individuals who train animals for fighting. Moreover, Bill S-203 contains no provisions to address violent, brutal, extreme acts against animals.

I could go on, but it is important to remember that the major flaw in this bill is its failure to define what an animal is.

By refusing to clearly define what they are, Bill S-203 leaves far too much room for interpretations that would avoid heavy penalities and does not depart from the concept that animals are property. We know that the current maximum sentences under the Criminal Code are too lenient for the seriousness of the acts committed against these living beings.

In addition to the fact that Bill S-203 does not jeopardize legitimate activities involving animal death, such as agriculture, hunting and fishing, it addresses the problem I have mentioned: it increases the maximum sentences and the fines. That is a little better than what we had before.

Judges will have a little more latitude in cases involving animal cruelty. For example, a judge could require an offender to cover the costs incurred by his barbarian actions. We have made progress in the fight against animal cruelty.

However, I think this improvement is minimal, even inadequate when we consider the overall problem. In my eyes, Bill S-203 is just a transition, a step toward something more substantial.

If there is one thing people can count on, it is that the Bloc Québécois does not settle for doing the minimum. We are progressive people with foresight and we will never hesitate to do better for those we represent or for anyone else.

When Bill S-203 was tabled in the Standing Committee on Justice, we listened with interest to the various witnesses.

That is why we are well aware of the bill's limitations. We are aware of the importance of properly protecting animals from cruelty, so we proposed a series of amendments to improve Bill S-203.

Among our proposals was the idea of introducing a clear definition of what an animal is. We also sought to protect stray as well as domestic animals. We also wanted to clarify the criterion for negligence, thereby making it easier to prove. Finally, we also proposed an amendment to formally ban training cocks to fight.

All the Bloc Québécois proposed amendments were rejected. Unfortunately, the committee agreed on Thursday, February 14, to report the bill without amendments. It seems that only the Bloc Québécois truly wants to move quickly in the fight against animal cruelty.

If the other parties had been acting in good faith, if they had put partisanship aside for a minute to make animal welfare a priority, they would have been willing to accept these highly necessary amendments that are adapted to the way things are now.

Instead, we have before us a report saying that Bill S-203 is fine as it is. Only stiffer maximum penalties can remedy the situation. Why act proactively now when Bill C-373 is scheduled to be dealt with shortly? Cruelty against animals will not subside or stop, just to make us feel better, until the study of Bill C-373 can be completed.

From a strictly historical perspective, I remind the House that Bill C-373 stems directly from six previous bills which either died on the order paper or were defeated. There was therefore no progress on the issue. As for Bill S-203, it is the third in a series of identical bills that had the same fate at a time when governments were somewhat more stable than the one we have now.

I can only sympathize with the animal rights advocates who, like us, were seeing a great opportunity to completely overhaul this old legislation. Again, the opportunity is slipping away.

Those who interfered will undoubtedly be judged by the people for this blatant lack of initiative, especially on an issue so close to the heart of the public.

I take comfort in the thought that, at least, the Bloc Québécois has done its part, working beyond mere partisanship and putting forward good ideas that would satisfy animal rights advocates. Protecting animals against certain despicable actions will always remain a concern of my party.

At any rate, we are back where we started with an unamended Bill S-203 with all its flaws. That is all that is on the table at this time. The members of the Bloc Québécois are practical people.

Nonetheless, increasing penalties sends a clear signal to criminals—their actions are reprehensible—as well as to the judges who will have to take these factors into account in making a determination.

I will conclude by saying that passing this timid bill will not in any way hinder the future consideration or passage of a more comprehensive piece of legislation like Bill C-373.

I think that the bill introduced by the Liberal member provides better guarantees than Bill S-203, as clearly pointed out by witnesses before the Standing Committee on Justice.

I hope that the House will also pass Bill C-373 when it comes before us. We believe that these two bills are a winning combination to significantly reduce cruelty to animals.

[The Budget, March 5th, 2008]

Mr. Speaker, even though 150,000 manufacturing jobs have been lost in Quebec in the past five years, most of them since the Conservatives came to power, this government's budget shows once again how oblivious the government is to the impact of the manufacturing crisis, which is devastating a number of regions of Quebec.

There is nothing in this budget to help the manufacturing industry in Quebec, including the furniture industry in Berthier—Maskinongé. However, the Conservatives are providing $250 million to help the automotive industry in Ontario. Worse still, they are maintaining the generous tax breaks for rich oil companies in the west.

What are the Conservative members from Quebec doing to help Quebec? They are doing nothing, and they are keeping quiet, which shows that they are powerless and under the thumb of their government.

Their silence proves that only the Bloc Québécois members are truly defending Quebec's interests.

[Canadian Environmental Protection Act, February 13th, 2008]

Mr. Speaker, it is my great pleasure to rise today to wrap up the debate on Bill C-469 to amend the Canadian Environmental Protection Act to prohibit the manufacturing, sale or importation of laundry and dish detergents that contain phosphates.

To close the debate, I would like to thank all members of Parliament who spoke in favour of this bill and who are particularly concerned about the environment. I listened to my Conservative colleague. I agree with some of the things he said, but not with others. If he is at all concerned about the environment, I think that the least he should do is vote for this bill so that it can be referred to the committee for further study. This bill deserves that much.

I call on all parliamentarians, including the member for Roberval—Lac-Saint-Jean. We know that Lac-Saint-Jean, for example, has been affected by the blue-green algae problem. We hope that the member will take that into account when it is time to vote, as well as the concerns of environmentalists in the Lac-Saint-Jean region, of course.

As I said when debate commenced on second reading, this bill was tabled because last summer we all saw the problem with phosphates throughout Quebec and all over Canada. We know that detergent products containing phosphates help spread cyanobacteria. We have talked about this. Everyone here in Parliament has heard about the problem with cyanobacteria.

Aside from the measures each of us must take as individuals, the federal government must also take concrete action to solve this problem, following in the steps of the Government of Quebec, which has implemented an action plan for fighting cyanobacteria. Since Ottawa is responsible for regulating imported products, we are—as is the Quebec National Assembly—calling on the federal government to take action through this bill and ban phosphates in detergents.

I have read and listened carefully to members' comments. Of course, we will look at some of the recommendations in committee. That is why it is important for this bill to be referred to committee, so it can be studied by the committee, as I already mentioned. As I was discussing with my colleague from Rosemont—La Petite-Patrie, people deserve to have their say and for this to be studied.

It is important that we take action to preserve our lakes, and that we keep our water clean. We must also work on environmental issues and on all the issues currently affecting our planet. This bill is a start. It does not completely resolve the cyanobacteria problem. That much we know. We also know that there are other problems related to cyanobacteria, but let us start by at least partially resolving it. That is important.

This is why I am asking all parliamentarians today to move forward and vote in favour of this bill, which would partially resolve the issue of blue-green algae and cyanobacteria throughout Quebec and the rest of Canada. I urge anyone who is concerned about the environment and all the issues affecting our planet's future to vote in favour of this bill.

[Petitions, February 13th, 2008]

Mr. Speaker, after tabling an initial petition of more than 1,000 signatures last October, today I am tabling in this House a new petition signed by more than 2,000 citizens from the riding of Berthier—Maskinongé.

The petitioners are asking the federal government to act quickly and eliminate dishwasher and laundry detergent containing phosphates. I invite all members of this House to do the same by supporting Bill C-469.

[Senate Appointment Consultations Act, February 12th, 2008]

Mr. Speaker, I listened to my colleague from the Conservative Party talk about the changes he would like to make to the Senate. I found it all very interesting, but I would have liked to hear him address other issues and I would like him to answer the following questions.

While he is in favour of having an elected Senate, he did not mention anything in his speech about how useful that Senate would be. How could it really assist with the work done in this place, given that the bills brought before us are referred to committee, where witnesses are heard? Bills go through a long process before they are passed. They are considered in depth by the various political parties, which each has their own vision.

Elected or not, how could the Senate really make a greater contribution to the Canadian people and the analysis of proposed legislation?

[Youth Commitment to the Environment, February 4th, 2008]

Mr. Speaker, I am very proud to tell the House about a group of grade six students who have done something extraordinary.

This group of young people from Saint-Gabriel-de-Brandon and Mandeville was given an assignment: they were to do something concrete to help someone in need. They decided that their “someone” would be Lac Maskinongé, a lake that has been affected by a blue-green algae bloom. They decided to circulate a petition in their community to support Bill C-469, to prohibit the use of phosphates in dishwasher and laundry detergents.

On behalf of my Bloc Québécois colleagues, I would like to sincerely congratulate these young people, and the person responsible for the project, Éric Turcotte, on their civic commitment to the environment.

[Youth Criminal Justice Act, February 4th, 2008]

Mr. Speaker, I thank my hon. colleague from the Liberal Party for his question, on which I will gladly comment, of course.

This government seeks to criminalize youth and throw young people in jail. We are not saying that we are opposed to that approach. It might be appropriate in the case of serious offences committed by young offenders. However, approaches more closely focused on prevention and rehabilitation are required.

In Quebec, we have developed a youth response network. We have youth homes and streetworkers available to provide support. We also have organizations involved in crime prevention.

For example, when a minor commits a first offence, alternative punishment is sought. Conciliation measures are also put forward. We have a set of tools in place: the youth protection branch, remedial teachers in schools, and anti-poverty programs.

This government, however, is not contemplating such tools. It is not inclined to implement support measures for youth from environments conducive to crime.

A comprehensive approach to youth is indeed required. This government has eyes only for the United States, which inspired it this bill among other things.

[Youth Criminal Justice Act, February 4th, 2008]

Mr. Speaker, I am worried but I am nonetheless pleased to speak today to Bill C-25, An Act to amend the Youth Criminal Justice Act.

The bill that has been introduced by the Conservative government very clearly shows the approach this government intends to take to the criminal justice system. In the bill, this government is not trying to improve outcomes for young offenders, young people who are experiencing social and emotional problems in Quebec; rather, it is trying to hinder the development of those young people.

This is not the first time I have spoken regarding a bill introduced by the Department of Justice. Those bills have all taken the same approach to the criminal justice system, an approach based on repression and detention. Bill C-25 contains two important provisions.

First, it is intended to change the youth criminal justice system by providing that sentences imposed by judges may have the objective of denouncing unlawful conduct or deterring young persons from committing offences. By adding deterrence, the federal government is now going down the road of punishment for punishment’s sake. We are forgetting about prevention, rehabilitation and social reintegration. In short, the government’s purpose in introducing this bill is to increase the severity of sentences imposed on young people.

Second, and I believe this is the most controversial aspect of the bill, it now provides that judges will be able to presume from now on that detention of a young person before trial is necessary where the young person has committed certain acts. The bill lists those acts.

What is the government trying to do in this provision? In short, it has two objectives. First, it wants to use the presumption against young persons by transferring the burden and responsibility of proof onto them, the young persons, when very often the problem is social, psychological or family-related.

Second, the Minister of Justice is proposing to detain a young person before his or her trial starts, when very often, from what we can see, the trial will end with a not guilty verdict.

When we look at this amendment we see that the government is attacking a fundamental aspect of our judicial system, the presumption of innocence. Because of the presumption of innocence that a young person must now shoulder, the young person will have to prove that he or she is not a risk even before being found guilty.

This means that young people might end up in prison when their trial has not even begun. A young person would end up in the school for criminals, that is, in prison. He or she would be incarcerated in a prison, with adults, without having committed a crime, without having been convicted. These young people will then certainly suffer from bad influences that once again will hinder their own development.

I was a social worker for many years, and I worked with youth and young offenders. I have no doubt that detention would have a very negative impact on teenagers at such an important stage of their development.

The main problem with this bill is that its vision for youth criminal justice is diametrically opposed to Quebec's vision. In Bill C-25, the federal government is presenting a model inspired by the American method, a Republican method based on repression and detention. Quebeckers have chosen a model based on rehabilitation and prevention.

Over the past 30 years, regardless of the political party in power, the Government of Quebec has always been guided by the belief that we should focus on prevention and rehabilitation.

This is not the first time the Bloc Québécois has opposed the federal government's attempt to change the youth criminal justice system. Members will recall that some time ago, the Bloc Québécois vigorously opposed the Liberal government when it proposed reforms to what was then the Young Offenders Act, now known as the Youth Criminal Justice Act.

At the time, the Government of Quebec and many other stakeholders, such as youth groups, youth shelters, street youth workers and organizations that oversaw the Young Offenders Act and that applied alternative measures for young offenders, opposed a critical element of the proposed reform, which was that young people aged 14 or 15 could be subjected to adult sentences and be tried in adult court. We opposed that measure because we believed then—as we do now—that the proposed legislation would hurt young people. We opposed it because we favoured an approach based on rehabilitation, prevention, and social reintegration through measures that met the needs of young people in the justice system.

Bill C-25 gives us another opportunity to reject this reform proposed by the Conservative government. because we still believe that the Quebec model should predominate, because it is more successful. Statistics prove that. In its model, Quebec decided to work with young people, listen to them and punish them severely if need be, of course. The Quebec model involves all the social stakeholders who work with youth. It is a comprehensive approach, to ensure that these young people have a healthy environment and can be the best they can be.

We are convinced that prevention is still the most effective approach to justice and always will be. We need to attack the causes of crime, which, as we know, are often linked to poverty or lack of parental support. Attacking the causes of delinquency and violence, rather than trying to repair the damage once it is done is the most appropriate and, above all, most profitable approach from both a social and financial point of view.

Unfortunately, the federal government is once again suggesting a model inspired by our neighbours to the south and not by Quebec, whose prevention-centred model has stood the test of time.

Is this really the right approach to reducing youth crime? No. What we are defending is a model that has proven itself, a model that has meant a crime rate three times lower than in the United States, a model that has helped Quebec reduce its youth crime rate by 4%, according to Statistics Canada, while the rate in all the Canadian provinces has gone up.

The government has to imitate the American model, which produces less conclusive results. The Quebec model based on rehabilitation and reintegration gives real results. These statistics prove it.

In closing, I invite all the members opposite to take a look at the Quebec model, rather than always looking to the Americans for inspiration. They will see that Quebec's approach is far more successful in the fight against crime. The Conservative members and ministers from Quebec are well aware—at least, I hope so—that Quebec's approach is better.

[Youth Criminal Justice Act, February 4th, 2008]

Mr. Speaker, I was listening to my colleague from the Liberal Party comment on Bill C-25. First of all, this bill seems to be modelled on American practices. It leans more toward cracking down and getting tough on youth.

In Quebec, for many years now, we have been developing an approach focused more on rehabilitating and reintegrating youth. Some people do indeed commit serious crimes and must be punished, but our approach seeks to identify what these youth need. It does not necessarily criminalize them right away or send them to detention centres, and possibly to adult detention centres, as this bill would have us do. I do not believe that is a good way to rehabilitate and reintegrate youth.

I would like the hon. member to explain why this bill seems to be modelled on the American approach, when we know that the homicide rate in the United States is three times higher than it is here in Quebec and Canada.

[Canadian Environmental Protection Act, January 28th, 2008]

Mr. Speaker, I thank my hon. colleague from the NDP for his question.

First, I should say that farming undeniably plays a major part in the blue-green algae problem. I might add, for the benefit of my colleague from the NDP, that there is actually no farming in the vicinity of several of the lakes contaminated by this algae. The problem, in fact, lies with the people, those who have been building cottages around lakes these past few years and plan to retire there. They use more water, more dishwashers and more products containing phosphorus that pollute our lakes.

I agree with the hon. member that we are not resolving the whole cyanobacteria issue, but we are dealing with a major part of the problem.