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Crucial Fact

  • His favourite word was military.

Last in Parliament September 2021, as NDP MP for St. John's East (Newfoundland & Labrador)

Won his last election, in 2019, with 47% of the vote.

Statements in the House

Committees of the House December 6th, 2012

moved:

That the seventh report of the Standing Committee on Justice and Human Rights presented on Wednesday, March 28, 2012, be concurred in.

Mr. Speaker, I am pleased to rise to present the motion that the report be concurred in. Organized crime in Canada is something that has been studied for a number of years by the justice committee. I was not involved at the commencement of it, but I was there in the session last spring for the preparation of the report and the hearing of the final number of witnesses.

My predecessor as justice critic, the hon. member for Windsor—Tecumseh, now the The Deputy Speaker of the House, was very much involved in the organized crime study. We took great interest in trying to find mechanisms that were going to work to take on organized crime and fix some of the issues within the justice system that made it ineffective and difficult to prosecute.

In fact, we had witnesses before the committee who talked about the issues and the difficulties. A prosecutor from Quebec talked about the difficulties with the prosecution of the Hell's Angels in Quebec and the breakup of the Banditos biker gang. They had to take very significant extraordinary measures in order to be able to carry out the prosecution of this very difficult element of organized crime in the province of Quebec.

It included the creation of specialized police task forces and the participation of a variety of different police agencies working together; lengthy police investigations, which targeted the whole criminal organization at all levels; the use of civil infiltration agents, which can be controversial but nevertheless were necessary; the creation of specialized teams of prosecutors such as the proceeds of crime bureau in 1996 and the organized crime bureau in 2000; and the construction of a particular courthouse, a special judicial services centre, in order to be able to have the kind of security that was needed to carry out these special prosecutions. As well, the renovation of several courtrooms around Quebec allowed for the holding of several megatrials in different places at the same time.

On the issue of megatrials, it is important to know that these create enormous difficulties for the judicial system. We have a system that assumes one is innocent until proven guilty and has myriad provisions for the protection of people who are accused of crime because of the consequences of the loss of liberty. These are important safeguards in our criminal justice system. We have our Charter of Rights and a system of justice that depends on the rule of law and not on the fact that someone decides that someone else is a criminal, so we have to prove these things.

In a significant trial such as the biker gang trials, for want of a better name, we have a large number of defendants, complicated procedures, multiple defence counsels acting at the same time, complicated provisions and the difficulty of the judge handling the case having to manage all of that.

As a result, our party co-operated with your suggestion, Mr. Speaker, that there be special legislation brought forward to deal with megatrials during the course of this study so that, at least, changes would be put in place to allow for a more proper and reasonable way to deal with them that would allow the administration of these trials to take place without compromising the rule of law, the presumption of innocence or the other protections that all citizens are entitled to.

We just cannot jump to conclusions in criminal matters, even if we are prosecuting someone we believe, and have evidence to support that belief, is engaged in a criminal activity or a criminal organization. We still have to provide that proof according to law at a fair trial. The shorthand in criminal law is that we have to have proof beyond a reasonable doubt in a trial that takes place in accordance with law.

Before I get too much into the report, I want to say that we need to have some special rules to deal with criminal organizations in Canada, but we have to be careful about what we are doing here. We must make sure that we are not using the notion of the existence of criminal gangs to frighten Canadians into believing that crime is everywhere and that we require extraordinary measures that ignore the rule of law and basic fundamental rights in our society, which could affect everybody. We have to ensure that all citizens have the right to fair treatment by our legal and judicial systems.

It is important to note that Canadians do feel safe. In 2009, a study done under the Statistics Canada rubric determined that 93% of Canadians felt either very satisfied or somewhat satisfied with their personal safety. It indicated they felt as safe as they had when the 2004 study was undertaken five years previously. Of the respondents, 90% said they felt safe when walking alone in their neighbourhood at night. When asked about the perception of crime in their communities, 62% of respondents said they believed the crime rate in their community had not changed over the past five years. There is a general feeling of community safety across the country. There is no fear in the land.

In some respects it is ironic that when we look at the news on the television, particularly local television, a great deal of time is taken up with the reporting of court cases and what happens in the courts. Those types of stories always make the headlines in the local newspapers and television shows. They are easy to report and there are visuals of people being brought before the courts. Also, we have the overlay of American television with its extremely high crime rates and large numbers of homicides. Canadians seem to be able to filter through that and understand the difference between what is on TV and what their reality actually is.

I say that because it does belie the mantra we hear from the government on an ongoing basis, day after day, week after week, about how all these crimes are being committed and we need to take extraordinary measures and go into a whole series of extraordinary sentencing provisions, mandatory minimums, that fill up prisons. While the government does not like evidence-based decision making and seems to base most of its decisions on ideological approaches, the evidence is that these approaches will not work in terms of prevention.

On the other hand, with so many people in prison, we are now at the point where double-bunking is becoming the norm and will be, according to certain information recently released or leaked. Taking the general disapproval of double-bunking out of Correctional Services Canada's mandate and manual is an indication that the government considers double-bunking in prisons as something that is standard, natural and to be expected.

There have been a number of articles written on the results of that, and one recently, decrying that the provision is not only expensive but it would increase bad behaviour, illnesses and the brutalization of one inmate to another. As a result of overcrowding, it would cause an increase in crime and costs, a lack of rehabilitation programs, an increase in recidivism, et cetera. Those are some of the negatives of that.

It is worthwhile saying that, on the whole, Canadians are not buying the notion that we have a major crime wave happening and that we need to be protected by extraordinary provisions and by being tough on criminals, while not necessarily doing what needs to be done to actually prevent the crime.

According to the Criminal Intelligence Service of Canada, we have approximately between 700 and 900 criminal organizations in Canada. We have to be careful when we say that, because a criminal organization is not the same as a gang. It does not have to be a major organization. For the purpose of the law, any three people who work together with the purpose of committing ongoing criminal activity can be considered a criminal organization.

There was a concern among defence counsel over the years about calling three people who committed a crime together a criminal organization was an extraordinary measure, but that concern has been looked after.

In 2002 the number of people required to constitute a criminal organization was reduced from five down to three. The requirement that at least one of the members be involved in committing crimes for the organization within the past five years was also removed. There was also a broadening of the scope of offences that defined a criminal organization, which was previously limited to indictable offences punishable by five years. The term criminal organization does not mean a group of people who form randomly for the immediate commission of a single offence. Again, that is still on the edge of what ordinary people would consider a criminal organization.

There are three specific offences in relation to criminal organizations. The first has to do with the participation in the activities of a criminal organization, which is punishable by a term of imprisonment not exceeding five years. The second one is the commission of an offence for a criminal organization. The third is instructing the commission of an offence for the criminal organization. These offences are aimed at people working together in a criminal organization. Participating in that organization is deemed to be a crime, and it would have to be shown that the organization is engaged in committing crime. These are the basics of having a criminal organization, and the activities and offences that are designed to cut down on the number of criminal offences.

In Canada in terms of the criminal market that takes place with groups, the Criminal Intelligence Service of Canada in 2001 reported that financial crime accounted for approximately 11% of that activity. We are talking about things such as payment card fraud, which is the largest part of that market and continues to expand, card thefts, fraudulent card applications, fake deposits and so on. Securities and mortgage fraud is another area of the financial crime market in which organized crime has an interest.

Thirty-two per cent of criminal market activity is taken up with other illicit goods and services including theft, contraband such as alcohol and tobacco, the sex trade and human trafficking. Legislation often mentions foreigners engaged in human trafficking or bringing people into the country. The committee was told that by far the largest amount of human trafficking that takes place in Canada is actually domestic, that is Canadian girls being trafficked within Canada, and it is done through organized crime networks. Street gangs facilitate the recruitment, control, movement and exploitation of Canadian-born females in the domestic sex trade primarily in strip bars in several cities across the country.

We do have an important and crucial role to play in trying to prevent the exploitation and trafficking of young women in particular through criminal activity. We need to take special measures to ensure that the people engaged in that criminal activity can be prosecuted and punished and deterred.

The official opposition provided a supplementary report to the report tabled on March 12 in which we indicated that, while we supported the majority of the recommendations in the report and worked collaboratively with the other parties on the Standing Committee on Justice and Human Rights with the objective of recommending new strategies for the government in the fight against criminal activity and criminal organizations, we promoted an effective and balanced approach to combatting organized crime. Some of the measures that are in the report we do not support.

Our approach has involved the emphasis on three pillars: prevention, policing and prosecution. It is founded on the conviction that the fight against organized crime must be taken to its root in the recruitment of youth into street gangs and into this kind of criminal activity.

Obviously, there is a need for some of the measures that have been implemented here. In terms of prosecution and having a proper foundation for megatrials, we worked with the government to pass Bill C-2 in June 2011 in order to do that. We wanted to ensure that the judiciary had the necessary tools to make an effective prosecution when dealing with megatrials. Through this balanced and effective approach, we supported the majority of the recommendations.

Unfortunately, the government fell back to its knee-jerk reaction, to the things that it wants, to paint in one corner, by using mandatory minimum sentences. We have opposed that consistently.

We also found objectionable the first recommendation following paragraph 100 recommending the amendment of the Criminal Code to impose mandatory minimum sentences for criminal organization offences. We do not believe that is necessary. Judges across the land share the concern that all of us have, which is that organized criminal activity is a scourge on communities and that significant sentences are being imposed and will continue to be imposed to provide the kind of deterrence that is necessary to help persuade and ensure that we do not have large numbers of people engaged in criminal activity. In fact, some of the offences, for example, members of criminal organizations who instruct individuals to commit an offence, in other words, carrying out in an organized way and actually telling people to do criminal acts, they are already liable to life imprisonment under section 467.13 of the Criminal Code of Canada. They are already taken extremely seriously by the law and by the judges.

We are concerned about the proposed disclosure model, which could potentially require defence counsel to disclose its plan of defence to the crown. It is not adequate to avoid that. We are concerned about the change recommended here that would allow electronic eavesdropping without proper judicial oversight and the need for warrants in all cases. It is an unnecessary expansion of powers. We have fought against this and will continue to fight against it.

One of the serious problems is that not enough attention is being paid to legal aid, so we end up having people defending themselves, which slows down prosecutions and makes it more difficult to do so.

Search and Rescue December 5th, 2012

Mr. Speaker, the email trail about contracting out of marine medical emergency calls shows clear evidence of Conservative incompetence. The process is badly mismanaged. One military official said, “As we have seen in other high profile search and rescue issues, rational thinking does not apply”.

Is the Minister of National Defence now willing to admit his Italian experiment was reckless, or will he at least have the decency to stand and explain why his department pushed this irrational move to have medical emergency calls answered in Rome?

Search and Rescue December 4th, 2012

Mr. Speaker, I guess the Minister of National Defence is not taking responsibility.

The Conservative government, however, has raised misleading Canadians to an art form. The Prime Minister told the House last spring that the Italian service was a backup but the new trail of emails contradicts this story. The defence department was actually pushing for the plan to move medical emergency calls to Rome when Halifax said it would not take marine emergency calls.

Will the Minister of National Defence now explain these contradictions and come clean on his role and his department's reckless decision?

Search and Rescue December 4th, 2012

Mr. Speaker, contrary to previous Conservative answers, it was actually the Department of National Defence that opposed keeping marine medical emergency calls being handled within Canada. Even after they were warned about potential problems for search and rescue operations off Newfoundland and Labrador, they still pushed for an Italian organization that would do it for free.

Will the minister now stand up and take responsibility and come clean with Canadians about his dangerous search and rescue experiment?

Conservative Party of Canada December 4th, 2012

Mr. Speaker, we are near the end of the latest budget implementation bill, with the Conservatives putting into place hundreds of measures from a budget they said was necessary to maintain our fiscal standing. With $5.2 billion in spending cuts, reduced services to Canadians, and the killing of 19,000 public sector jobs that provide those services, it is the most austerity since the Liberals slashed budgets and services in the mid-1990s. The Conservatives are also seriously undermining environmental protection and are attacking pensions and necessary support for unemployed Canadians.

Were these cuts necessary? Not according to the Parliamentary Budget Officer, who said that the Minister of Finance is lowballing revenues by $4.7 billion a year and that we will be in surplus a year ahead of schedule.

Why are the Conservatives doing this when we have nearly 7.5% unemployment? It is 12% in my own province of Newfoundland and Labrador? They are doing it because they want to make government smaller, regardless of the cost and consequences to Canadians.

Jobs and Growth Act, 2012 December 3rd, 2012

Mr. Speaker, would the member like to comment on the recent statement of the Parliamentary Budget Officer that the government's projection of revenues is in fact $4.7 billion lower than his projection, that the budget will be balanced by 2014-15 and that the $5.2 billion cutbacks in services and employment, with 19,000 employees, built into the budget are not necessary at all?

Jobs and Growth Act, 2012 December 3rd, 2012

Mr. Speaker, on a point of order, I move: That, notwithstanding any Standing Order or usual practice of the House, Bill C-45, in clause 321, be amended by adding after line 13 on page 291 the following: (2.1) The addition of the navigable waters listed below is deemed to be in the public interest and the Governor-in-Council shall, by regulation, as soon as is reasonably practicable after the day on which this act receives royal assent, add those navigable waters to the schedule, including, with respect to lakes, their approximate location in latitude and longitude and, with respect to rivers and riverines, the approximate downstream and upstream points, as well as a description of each of those lakes, rivers and riverines, and where more than one lake, river or riverine exists with the same name indicated in the list below, the Governor-in-Council shall select one to be added, namely: Natla Lake, Chartrand Lake, McDonald Lake, Hottah Lake, Moraine Lake, West Hans Lake, Bunting Lake, Grodsky Lake, Lake Bovie, Jennejohn Lake, Germaine Lake, Seven Islands Lake, Fallaize Lake, Fishing Bear Lake, Willowlake River.

November 30th, 2012

We do not want it.

November 30th, 2012

Mr. Speaker, I have two points. The member pointed out that in its deliberations the Senate discovered a flaw in the bill at committee stage, that it did not proscribe the making of radioactive materials. That gives reason as to why it ought to receive significant scrutiny. Other potential errors have been pointed out, as well, for further study, so that we get it right.

Would the member comment on the fact that instead of the bill being introduced by the government in the House of Commons that it introduced it in the Senate? Is that the start of something, or is that a trend we might see more of? Is the government trying to legitimize the Senate in a way that it has not done before, and is that something that we ought to worry about?

Petitions November 30th, 2012

Mr. Speaker, I have the honour to present two separate petitions from residents of St. John's East and other parts of Newfoundland and Labrador.

The petitioners are among the extremely large number of people who are calling upon the government to reverse its decision to close the Coast Guard marine rescue sub-centre in St. John's. They point out that the base was responsible for 900,000 square kilometres of ocean and an astounding 28,956 kilometres of coastline.

The petitioners believe it is irresponsible to close down this base because of the work that it does in preserving the lives of many people who live and work at sea.