Guy Caron

[Strengthening Military Justice in the Defence of Canada Act, December 6th, 2012]

Mr. Speaker, clearly, we are eventually going to vote at second reading. The bill is very important to the members of the official opposition, the NDP, here in the House. Many of them have expressed their desire to talk about their disappointment with regard to the fact that the amendments adopted by the committee were not included in the bill. That is why we will oppose the bill when we vote on it at second reading.

I would like to point out that, if this bill were important to the government, then it would have been discussed in the House a long time ago. I would like to remind hon. members that right now we are talking about Bill C-15, and we just voted on Bill C-45. It therefore seems that certain issues are more important to the government than others. Unfortunately, this bill does not seem to be one of the government's priorities, since the government waited so long to bring it forward for us to discuss.

Eventually, we will vote on this bill, but I would not want to see the official opposition deprived of their opportunity to speak about it at second reading, because that is their right.

[Strengthening Military Justice in the Defence of Canada Act, December 6th, 2012]

Mr. Speaker, I would appreciate it if you could let me know when I have one minute left.

I am pleased to rise in this House to speak to Bill C-15. We have to make sure, first and foremost, that the men and women who work to defend us are able to represent us in the armed forces and have the tools to avoid putting their lives at risk unnecessarily. We also have a responsibility to provide them with an operational framework that is appropriate and fair.

And that is what Bill C-15 on the military justice system, which is now before us, claims to do. This bill originates in the responsibility of the Minister of National Defence to arrange for an independent review of the amendments to the National Defence Act every five years. That requirement is set out in clause 96 of Bill C-25 which was assented to in 1998.

In 2003, Justice Antonio Lamer was instructed to examine the provisions and application of Bill C-25. He concluded that “Canada's military justice system generally works very well, subject to a few changes”. Justice Lamer proposed those few changes in the form of 88 recommendations, some of which were addressed in Bill C-7, which became Bill C-45, and then C-60.

After Bill C-60 was passed and assented to, it too was the subject of a review, this time by the Standing Senate Committee on Legal and Constitutional Affairs of the House of Commons. That report was released in 2009 and is entitled “Equal Justice: Reforming Canada’s System of Courts Martial”. Bill C-41, which is now Bill C-15, was to act upon the nine recommendations in that report, which addressed both the Lamer report and Bill C-60.

The justification for having a separate justice system for the armed forces has been repeatedly demonstrated, and in 1992 the Supreme Court of Canada did so very eloquently in R. v. Généreux. One piece of tangible evidence of the importance of having a system that is specific to the military, as Justice Lamer himself admitted, is the fact that certain offences in the Code of Service Discipline do not have the same importance in the civilian justice system, and sometimes there is no equivalent for those offences: for example, disobeying an order of a superior officer.

The Minister of National Defence referred in committee to the old adage that our justice system is a living tree, meaning that the military justice system has to evolve. The Senate committee summarized that very well when it said that “the military, as an organization, benefits when the rules that govern it largely reflect those that apply to Canadian society in general”.

However, we must be careful not to fall into the other extreme, and make sure that, notwithstanding this overriding disciplinary aspect, people who work in the armed forces do not lose their rights that are guaranteed by the Canadian Charter of Rights and Freedoms.

The Senate committee also stated that “with the exception of section 11(f) of the Charter, the rights enumerated in the Charter do not distinguish between proceedings under the military and civilian justice systems”.

As well, the Supreme Court of Canada has held that this separate justice system does not violate the individual’s rights since it is still able to guarantee the individual “the right to equality before the law and to be tried by an independent and impartial tribunal”. It is therefore essential to ensure that the actors in the military system are effective, independent and impartial.

Let us now come back to the crux of this bill, which, I must say, has become weaker with every version. Although, according to a Supreme Court justice, Bill C-45 did not resolve the problem it was created to address, Bill C-15, which we are currently discussing, does not take into account all the work done in committee during the examination of the previous version of the bill, Bill C-41.

In fact, some amendments that were adopted in the past were not included in this new version of the bill. Yet, these amendments changed practices that did not fit with the desired evolution of the military justice framework.

I hope I have enough time left to talk about the three main amendments proposed by the NDP, which were adopted in the past but excluded from Bill C-15.

The first is the reform of the summary trial system, so that a conviction at a summary trial in the Canadian Forces no longer automatically results in a criminal record. During hearings before the Senate committee, many witnesses expressed their disagreement with this practice. There is even more cause for concern given that most offences are dealt with in this manner.

Michel Drapeau, one of the witnesses, said:

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....

From where I stand, I find it very odd that those who put their lives at risk to protect the rights of Canadians are themselves deprived of some of those charter rights when facing a summary trial.

At committee in March of the previous year, the amendments to Bill C-41 proposed by the NDP called for the list of offences that could be considered to be minor, and not merit a criminal record if a minor sentence were imposed for the offence in question, to be increased from five to 27. The amendment also adds to the list of penalties a tribunal may impose without them being entered on the record, for example, a severe reprimand, a reprimand, a fine equal to one month's salary and other minor sentences. That was significant progress in terms of summary trials, but since that amendment was not included in Bill C-15, we want it to be included now.

The second amendment concerns the military grievances external review committee. Currently, the grievance board does not allow reviews by people outside of the military system. It is made up of retired members of the Canadian Forces. We would like the committee to be perceived as an independent, external civilian body. There is a problem with the makeup of the committee and the appointment process if the armed forces want to maintain that reputation. Committee membership should therefore include individuals from civilian society.

The NDP's amendment suggested that at least 60% of the members of the grievance committee should never have been a Canadian Forces member or officer. This amendment was agreed to in March 2011 for Bill C-41, but it was not included in Bill C-15. It must be put back in the bill.

One major flaw in the current military grievance system is the fact that the Chief of Defence Staff can resolve certain financial matters arising from grievances. That goes against a recommendation in the Lamer report. Despite the fact that the Minister of National Defence supported the recommendation, the government has failed to act on it for the past eight years. The NDP proposed an amendment to do with this at committee stage of Bill C-41. Even though it was agreed to in March 2011, it was not included in Bill C-15, and the NDP will fight to put it back in the bill.

The third amendment that I would like to talk about would strengthen the Military Police Complaints Commission. Bill C-15 amends the National Defence Act to establish the time required for the Canadian Forces Provost Marshal to resolve complaints and protect complainants from being penalized for having filed a complaint in good faith.

Giving the Military Police Complaints Commission more power, effectively turning it into a watchdog, was virtually ignored. There should be a legislative provision to give the commission more power so that it can be authorized to investigate and report to Parliament.

In conclusion, the fact that the Conservatives deliberately botched the bill and removed some of the key elements that resulted from the hard work done by the members of the House of Commons committee and all parliamentarians in this House is further proof of this government's lack of respect and consideration for the parliamentary process.

Why did the Conservatives not keep the amendments proposed by the NDP and adopted at committee stage last spring, when Bill C-41 was studied, after long hours of debate that seemed to have moved the bill in the right direction?

By not including these amendments in Bill C-15, the Conservatives are undermining the important work done by all members of the Standing Committee on National Defence and also the recommendations made by Canadian Forces representatives during the last session of Parliament. The Parliamentary Secretary to the Minister of National Defence rose in the House to give the first speech at second reading. He said:

...the government, the Supreme Court of Canada and even the Constitution recognized the importance of maintaining a robust military justice system.

This government also recognizes, as did Chief Justice Lamer in his 2003 report, that there is room for improvement.

If the parliamentary secretary really meant what he said, why did he ignore all the improvements made by this Parliament in committee? Although truly unfortunate, that is the Conservative government's approach. Not only has it dropped the amendments agreed to in committee, but it has ignored a number of recommendations, picked the ones it wants and rejected the rest.

The official opposition will oppose the bill at second reading, knowing that the bill will be referred to committee. And we truly hope that the amendments agreed to when the committee studied the issue will be included in order to make this a more balanced bill.

[Jobs and Growth Act, 2012, December 4th, 2012]

Mr. Speaker, I would like to ask my government colleague a question about research and development. We know that major changes were made to tax credits for scientific research and experimental development following the Jenkins report.

There are some particularly troubling elements in Bill C-45, including the fact that the government will cut tax credits for certain industries that really need them right now by $500 million. These credits will be converted into grants. Winners and losers will be chosen by the government.

The second element we do not like is the fact that capital expenditures will no longer be eligible for tax credits. This will cause significant harm to some industries, such as those in the manufacturing and natural resource sectors, because they need to set up pilot projects.

I would like to know whether the member is comfortable with the fact that the government is planning to decide who wins grants and who loses rather than provide tax credits. Why will capital expenditures, which were not mentioned in the Jenkins report's recommendations, no longer be eligible for tax credits?

[Fisheries and Oceans, November 30th, 2012]

Mr. Speaker, the Conservatives' decision to close the Maurice Lamontagne Institute's library makes no sense.

Some 61,000 French-language scientific documents will be sent 800 km away from where they are truly needed. In addition to serving that institute, the library serves the UQAR's ocean sciences department, the Institut des sciences de la mer, the Institut maritime du Québec, the Marine Biotechnology Research Centre, the Interdisciplinary Centre for the Development of Ocean Mapping and the Technopole maritime du Québec, all located in Rimouski.

Can the minister tell us, with a straight face, how this makes any sense whatsoever?

[Fisheries and Oceans, November 29th, 2012]

Mr. Speaker, for many years my region has been working extremely hard to become the hub of the marine industry, and these efforts are paying off.

The expertise and quality of work in the Lower St. Lawrence are recognized around the world, but the Conservatives have decided to put obstacles in the way. After ignoring the need for a breakwater at the Rimouski port, after the unacceptable firing of many experienced scientists and after closing the Maurice Lamontagne Institute's department of ecotoxicology, they are now closing the Institute's library. They are not modernizing it, they are closing it.

Will the minister listen to the pleas of the research centres' archivists and businesses in my region to keep this priceless jewel open?

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, first of all I would like to correct what my friend just said, which is that it is an unprecedented measure. The precedent was Bill C-38 which also established a multitude of statutes. There were amendments to more than 70 pieces of legislation. Bill C-45 is the second bill of this kind. There was therefore a precedent.

In response to my colleague's question, we discussed various things in subcommittee. Amendments to the dates were proposed and there was a vote on referring various parts of the bill to different committees. This was all done in good faith and we could all see that the government was not being responsible and not acting in good faith when it proposed that committees should study the relevant items. For example, the Standing Committee on the Environment did not adequately study the Navigable Waters Protection Act. That is why the bill or parts thereof were referred to the committees. That is what we voted on.

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, we are in favour of reducing taxes for small and medium-sized businesses. In fact, our program suggested a tax cut of up to 9%. The government decided on 11%. We therefore certainly do not need any lectures on this matter from the Conservative government.

Perhaps the Conservative government needs some lessons. There are three ways to combat climate change. A carbon tax like the one proposed by the Liberal Party could be introduced. An emissions or carbon exchange system like the one proposed by the NDP and the Conservatives in 2008 could be established. The third option is sectoral regulation as currently practised by the Conservatives.

Combatting climate change will cost money. The Conservatives are now spending money with their sectoral regulation system. According to a number of economists, this will cost a total of $52 billion for carbon and vehicle emissions alone.

The government should be more careful when it presents figures on combatting climate change. It is in fact generally recognized that the NDP carbon exchange approach is far superior to the Conservatives' approach thus far.

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, I would like to say that I am pleased to rise in this House, but of course, like for many of my colleagues on this side of the House, it is not altogether a pleasure to do so. What detracts from it is the fact that we feel that Bill C-45, the second budget implementation bill, is headed in the wrong direction.

The government's approach and that of the official opposition, the NDP, are undeniably completely different. The main difference is that the approach taken by the Conservatives ensures that Canada's economy will not achieve its potential and that economic uncertainty will continue, whereas our approach would maximize and optimize our current resources.

Let us look at what the government has done since coming to power. One of its first decisions was to take two percentage points off the GST. A one-point decrease means $5 billion less in government coffers. It then continued to cut the corporate tax rate. Indeed, the government lowered it from 19% in 2009 to 15%, where it stands at the moment. Every percentage point costs the Canadian treasury about $2 billion. The two measures combined represent an average of $7 billion in foregone revenue per year.

We must remember that when the Conservative government came to power in 2006, it inherited a budget surplus. Even before the recession, that surplus had been wiped out and, of course, things got worse with the measures in the economic action plan, an economic stimulus plan. From a $13 billion surplus, we immediately plunged into a deficit. And we are still there. We must remember that despite the Conservatives' reputation for being good managers of public affairs—a reputation I have never understood—if we disregard the year and a half after they came to power, when they rapidly made the surplus disappear, the last balanced budget under a Conservative government in Canada occurred back in 1912, under Robert Borden.

Bill C-45 truly reflects the Conservative ideology at its worst. The Conservative ideology denies that the federal government can play a constructive role in the development of our society. The Conservative government will not hesitate to say no to a federal investment of one dollar, even if that federal investment could result in economic growth equivalent to $10 where it is invested. Similarly, this government will not hesitate to make an economic cut of one dollar, even though it may cause $10 in losses.

I know this. I see it in my riding. I see it in my region, where the government has imposed huge cuts on institutions like the Maurice Lamontagne Institute and on investments through Canada Economic Development. This has major repercussions. Rimouski is Quebec's centre of marine technology. It has taken 30 years of hard work to find this region a specific niche. Rimouski is one of the three leading centres of ocean science, along with Halifax and Vancouver. This government is making it hard for the region with these cuts, which not only make no sense scientifically, but will weaken the region's economic potential.

This government rejects the very concept of one day attaining a balanced budget. I base that on a statement made by the Minister of State for Small Business and Tourism on May 2, in reply to a question from one of his Conservative colleagues. He said that the government was going to continue cutting taxes after it has balanced the budget.

The government's objective is not good governance, public governance, or managing public funds for the common good; its ideological position is to diminish the size of the state—the government—and diminish the good the government can do for the general public.

The government's economic policies are also haphazard. It is putting all its eggs in one basket: natural resources. Does anyone know where the government wants to take Canada, economically, in 15, 20 or 25 years? What are the niches in which Canada can excel? We have no idea. At present, the government is relying solely on the free market, which prevents forecasting or envisioning the long-term economy.

Here is one example: we are now in the 21st century and we are operating with 20th century infrastructure. The Conservative government has not taken any steps to endow Canada with proper 21st century infrastructure.

Emerging nations are doing it. Canada is just standing by and waiting until it is no longer competitive on the world market. Bill C-45 and the 2012 budget are indicative of this lack of vision.

Other people will speak sooner or later during the report stage about some of Bill C-45's major problems, particularly the best-known one, the repeal of the Navigable Waters Protection Act.

I would like to point out two elements that clearly demonstrate this lack of vision. The government is very fond of appearances, but in the end, it will not produce results. These two examples concern scientific research and experimental development, and also the hiring tax credit for small business, which the hon. member mentioned earlier.

The NDP is in favour of this tax credit. It was in our election platform in 2011, but the government will not mention that. We even proposed a small business hiring tax credit of $4,200, which is more than the Conservative one, and an additional $1,000 if the employee was still there after a year.

At the moment, the government is proposing a $1,000 tax credit, for which 536,000 businesses are eligible. That is what we heard in the Standing Committee on Finance. But let us look at the absurdity of this situation. Last year, that tax credit already existed. Some 530,000 businesses took advantage of it. That suggests that 530,000 new workers were hired last year, but that is not the case.

In committee, witnesses were repeatedly asked whether a business could hire an employee for a few months and claim the tax credit. They said that it was possible.

Although the tax credit is a good idea based on a positive principle, and we support the principle without supporting the way it is applied, this clearly shows that this measure is not encouraging the creation of permanent jobs. The NDP's proposal, on the other hand, which would add a credit for retention after a year, would encourage the creation and retention of the jobs created by the government.

Then there is scientific research and experimental development. The government plans to reduce credits to large companies from 20% to 15%, which amounts to a 25% decrease. This proposal has been decried by the business community, particularly the Canadian Manufacturers & Exporters. The government argues that the overall decrease in incentives for R&D would be $500 million, but the CME argues that the losses could be $633 million.

In addition, some argue that capital expenditures should be removed from calculations for tax credit purposes. The first suggestion was in the Jenkins report, but the second was not. The government made this up; it is not based on a recommendation from the report. We heard a very persuasive argument in the committee about how some industries in the natural resources sector and in manufacturing need to be able to include capital expenses in R&D tax credit calculations. Such industries often need to establish pilot projects—model factories, in effect—to implement the research they have already done. By eliminating that option, this measure puts some industries that really need it at a disadvantage.

Many witnesses were also worried about the government's new ability to choose winners, which would make it possible for the government to choose successful grant applicants.

Claims to the effect that Canada outperformed all the other countries are truly exaggerated. Canada did better in some ways. However, I do not believe that the Conservative government can take credit for that. Canada has survived the recession so well mainly because of the monetary policies of the Governor of the Bank of Canada, and in particular his determination to immediately lower the interest rate at the first signs of the recession, when the government was still denying that there was a problem on the horizon.

To conclude, in 2015, Canadians and Quebeckers will be able to look back on the tenor of the debates in the House and have their say about whether circumstances are better than they were before the start of the Conservative government reign. The answer will be no.

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, my question will be relatively short, and it concerns the speech made by the member for Etobicoke-Centre. I suggest that he start making corrections to the talking points that he uses for his speeches.

For example, he spoke about the fact that the International Monetary Fund and the OECD have acknowledged the government's sound performance. I would like to know whether he has read the recent IMF report that ranked Canada 12th among the 30 OECD countries in 2012-2013 in terms of economic growth, and that instead of improving, Canada's position will be deteriorating by 2016-2017. In fact, because of the measures taken by the Conservative government, and in particular the austerity measures implemented at a time of economic uncertainty, Canada is expected to drop to 17th place among the 30 OECD countries by 2016.

Having compared these figures to those mentioned in the talking points presented this afternoon, I would like to know what the member for Etobicoke-Centre thinks about the IMF report, which would appear to contradict what he said earlier in his speech.

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, I would first like to offer my condolences to my colleague, the parliamentary secretary, for her loss.

The Standing Committee on Finance met for many hours to discuss Bill C-45. On most of what we discussed, including the amendments, we were in strong disagreement with the government.

Our view is that the government is headed in the wrong direction. The government is missing out on obvious opportunities to play a positive role in Canada's economy. I do not have a lot of time to ask a question, so I would like to focus on one specific aspect on which we were in disagreement. That was the issue of scientific research and experimental development.

In committee, we heard several witnesses, particularly from the world of business, including the Canadian Manufacturers and Exporters association, which described its concerns about how changes were being made. The government is claiming that investment in private sector research and development has dropped by $500 million, whereas according to Canadian Manufacturers and Exporters, the figure is closer to $633 million. According to the association, this will lead to 18% to 20% less private sector research and development.

Another significant component is the elimination of capital expenditure eligibility for the research and development tax credit. The NDP has accordingly suggested postponing the changes for five years so that the implications could be studied more carefully.

I would like to know why the government is refusing a measure like this one, which would make it possible to study the changes proposed by the government in greater detail.