Jean-Claude D'Amours

[Judges Act, April 14th, 2008]

I can hear the Conservative members acting up. That is what we call lack of respect. Once they have listened to the interpretation, they will understand what I just told them. The truth is that there has to be respect not only in the House, but in everything.

Let us look at the situation. With regard to Bill C-31, it is clear that if the government had met its obligations over the past two and a half years and had filled positions equitably as it went along, we would not need to discuss certain things today.

Today, we are talking about a bill that aims to increase the number of judges, because it is important that Canadians be treated equitably. It is also important that the government have a legal system in place so that people who have needs and want to defend their rights can do so, and not just when it suits the government.

Unfortunately, the Conservatives sometimes tell people that they can go to court whenever they want to, even if they have no money, because that is not a problem. In the end, if people do not have any money, they will not be treated equitably in this country. We do not understand that in the same way. We want to make sure Canadians have the services they need so that when they want to defend their rights, the tools are in place in the government or the legal system. In this way, Canadians will be able to defend their rights, which is crucial.

The comments my colleague opposite made before he posed his question are deplorable. The fact is that the Conservatives are not equipped or capable to debate a bill like Bill C-31. They are forced to make personal attacks on individual members. This is unfortunate, but in recent months, the Conservatives have been embroiled in one scandal after another.

We can talk about Bill C-31 if the members want to, but the members opposite are going to have to be much more serious when making their comments. One thing is clear: either they have not listened to anything that has been said or they have not understood anything that has been said. Perhaps it is a bit of both or something else.

The fact is that there are concerns about Bill C-31, and they are justified. Access to justice must be provided equitably. Decisions about judicial appointments must be made equitably and not in a partisan way, as the Conservatives have been doing for the past two and a half years.

[Judges Act, April 14th, 2008]

The Conservative government and all of the members opposite were sure that there would be an election within six months. They did not do anything; they just waited. All of a sudden, nine months later, they said that they would wait another three months, and then there would be an election. But no election was triggered. Their only goal was to do things for the short term.

The truth is that we are here to run a country. We are not here to run it for the short term until the next election. We, the Liberals, are looking to the future. Just as we have always done in the past, we are looking to the future.

[Judges Act, April 14th, 2008]

Yes? My colleagues want me to go on.

Mr. Speaker, I just want to point out one thing: I have provided enough examples for them to understand that they have been caught up in the system for the past few weeks and months. We have no idea where the scandals involving the Conservative Party will end.

Let us take a look at what has happened over a little more than the past two years. For 26 or 27 months now, we have been governed by the Conservative government. We are now heading into our third year, which is too long. The truth is that during that time, the Conservative government has been asleep at the switch. I will explain why.

[Judges Act, April 14th, 2008]

Mr. Speaker, it is ironic to hear my colleague ask questions and wonder whether I talked about the bill at all.

My colleague opposite started giving examples of some situations that happened in the past. I will be reasonable and remind him of certain questionable facts involving his party that surfaced in the past weeks and months. But I will stop there. The truth is that I talked about Bill C-31 because I truly believe that we have to take a very close look at it.

Perhaps these words will ring a bell for the member: the Cadman affair, NAFTAgate, the Elections Canada in and out scheme, the Mulroney-Schreiber affair. Does the member want me to go on?

[Judges Act, April 14th, 2008]

It certainly is. It is exactly what they are doing.

Back to the appointment of judges. The Conservative Party regularly says that it is pro-bilingualism. To be pro-bilingualism, the government needs to do more than simply say so. It needs to take concrete action so that Canadians will trust politicians. Then Canadians will find that these are good laws and that our parliamentarians are being fair so that each and every Canadian can benefit.

As for bilingualism, it is a matter of access to justice. Access to justice is a concept that is very easy to explain and understand. It means that each citizen can be served in the language of their choice and be treated fairly. That is access to justice. But when it comes to bilingualism, access to justice is another worry that Canadians have about the Conservatives.

It is crucial that francophones outside Quebec and anglophones in Quebec have access to justice. The government cannot just say it is going to appoint judges and allow them to sit and do their work, regardless of their ability to express themselves in one of the official languages. People who need a service and who defend their rights in the language of their choice may not receive the same service. It is scary to see what the Conservatives are doing. Yet they tell us, through the media, that they are in favour of bilingualism and want to give francophone minorities outside Quebec every possible opportunity.

I live in New Brunswick, a province that is in this situation. Where I live, francophones are in the minority. That is the reality. We need services in our language. But when we look at realities such as the abolition of the court challenges program, it is too bad, but it is a prime example of what I am talking about. The government cuts a program that costs peanuts and helps people defend their rights in court and gain access to services.

In my books, the government is not sincere when it says one thing and then turns around and cuts a program like that. When we say something, we have to be able to walk the talk. Our actions have to be consistent with what we say. At present, the Conservatives are saying one thing, but they are doing another by eliminating access to services for francophones outside Quebec and anglophones in Quebec. They are doing this to all minorities.

The court challenges program was not just in place to defend language rights. Everyone knows that it also helped people with special needs, persons with disabilities and women. It is slightly illogical to consider women a minority since they account for a large proportion of Canada's population, but this reflects a reality we can see.

When it comes to access to justice, it is very hard to really have confidence in the government. The Conservatives have said they want to have additional positions. The government and the Conservative members should stand up and walk the talk.

First, we, the members in this House, would be in a position to trust the Conservatives a little more, because, after all, we must not exaggerate. Thus, we could trust the Conservatives a little more and Canadians could also trust them a little more, because at this time, they do not trust them, specifically because any time the members of the Conservative government speak in this House or speak to the media, they say the exact opposite of what they actually do.

However, if, as parliamentarians, we can prove to Canadians that members of this House are doing the job for which they are paid, defending the interests of their constituents, only then will citizens no longer feel like they come last and will they be inclined to show greater support for their politicians and representatives in the polls. In addition, our actions will be fair and consistent with our words when it is time to set policy and make decisions. The Conservatives, however, do just the opposite.

I spoke earlier about bilingualism and the court challenges program. Consider for example the New Brunswick woman who could not be served in French by the RCMP and who was able to defend her rights thanks to a court decision and the court challenges program. Let us imagine this woman's situation if, in addition to not being able to access services in her language in New Brunswick, she also had to deal with a judicial system that did not allow her access to justice in her language. That would be ridiculous. That really is the direction being taken by the Conservatives and this is reflected in their actions. Canadian are afraid of their actions. This is one reason why Canadians have many fears about the Conservatives.

Let us now imagine if this woman, in addition to not being served in her language—and the court ruled that she should have been served in her language—did not even have access to judicial services in her language.

It really would be incredible. It would make no sense. I am convinced that my colleagues on this side of the House agree with me. It would also be interesting if the Conservative government were to acknowledge this. Citizens would have a little more trust in the government. At the very least, one thing is certain. We, the Liberals, rise to keep the Conservatives in check because Canadians have faith in the Liberals. We have established many programs over the years and over the decades. We established the criteria and the rules to ensure that Canadians are treated fairly.

I will go back to the example given a little earlier: the court challenges program. The results of this program speak for themselves. There was the case of Montfort Hospital in the national capital region. This program also made it possible for French-language schools to be opened in some provinces where there are few francophones. And there are other examples.

As I was saying earlier, what they say and do are two different things. As we know, the court challenges program was eliminated twice. By what kind of government? Not by the Liberals, but by the Conservatives. For this reason, Canadians trust the Liberals. That is also why Canadians want change. The Conservatives say one thing to the people, the media and the House of Commons and then do another.

At some point, we will take over from the Conservatives. I can guarantee you that the time will come for the Conservatives to face the music. Then the Liberals will ensure that Canadians are treated equitably and that they have equal access to justice. Canadians will not fear their government as is the case today.

Bill C-31 is necessary for increasing the number of judges in the country. However, as one can guess by all the examples I have given, there are many things that can make us fear the worst, that can change the entire face of the judiciary and, in fact, the entire face of the country within a few yeas. The Conservatives do not want to go in a direction of greater fairness. They do not want to ensure that the machinery of government or the judicial system is fairer. They are trying to stack the deck to gain control, to allow their Conservative ideology to prevail instead of allowing fairness and equity to prevail. We talk about equity on many levels: pay equity, equity among peoples. These are magic words all hon. members should keep in mind. When we are fair, everyone wins.

They want to favour certain people. As I was saying earlier, who does the Conservative government just happen to be favouring? As luck would have it, they are favouring senior Conservative Party members within the different provinces. That is quite the coincidence.

Sometimes a person is appointed. One might think that person is possibly the best candidate to be appointed, with the best skills and qualifications. At the second appointment, there begin to be some serious doubts. We start to wonder whether the Conservative way of doing things is just to ensure that the Conservative ideology is spread far and wide. At the third appointment, we have more than just doubts. We wonder what is happening and whether they are in the process of so completely changing the face of Canada that Canadians will no longer recognize themselves.

Bill C-31 is certainly important for increasing the number of judges. Nonetheless, access to justice must prevail above all.

[Judges Act, April 14th, 2008]

Mr. Speaker, I am very pleased this afternoon to speak to Bill C-31. As I already mentioned earlier, this bill is extremely important if we look at the needs of our judicial system across the country. It is also very important because of the current vacancies within the judiciary. The government has come up with Bill C-31 to appoint 20 extra judges.

The government certainly has its share of the responsibility for the current situation with respect to judicial appointments. When we look at the situation, the Conservatives are certainly the only ones to blame. They cannot blame anyone else but themselves in this case.

As far as the appointment of 20 extra judges is concerned, as I have said, we must make sure that Canadians receive the services to which they are entitled. This is not just a matter of people appearing in court or before a judge because they have done something wrong. Canadians also appear before a judge or judges because they want to fight for their rights.

We have a rather concrete example, which I just gave, of a woman, who, thanks to the court challenges program, was able to fight for her right to be served in French by the RCMP. The court ruled that the woman's complaint was well-founded. As the House can see, Canadians do not just appear before a judge when they have done something wrong, but also when they want to stand up for their rights, the fundamental rights of this country that cannot be denied any Canadian citizen. One of the great things about our country is also the fact that we are free to speak up for ourselves, which is possible because of the judicial system.

We need extra judges, but we also have to wonder about Bill C-31. Since January 2006, since the Conservatives have been in power in Ottawa, we have had to wonder quite a bit. What we hear and what the Conservatives say are rarely the same thing. That is why I wonder about certain aspects of the bill.

One of the aspects is ensuring the independence of the judiciary. That is what the government tries to say, but the opposite happens when it comes time to make a decision. A number of examples show that we should still be worried. Sometimes, when the government introduces a bill, we wonder if they are acting with utmost sincerity or if they have a hidden agenda. I will not go on and on. I know that some members of the government will say that I am off topic, but let us look at the example of Bill C-10 and the question of censorship. That is flagrant proof that the government is trying to introduce bills containing elements that make us believe they are sincere, while in reality they are hiding elements from us.

I spoke earlier about the importance of the independence of the judiciary. I have serious issues with certain elements—I am thinking about the members of the provincial advisory councils. The Conservatives decided to appoint people in order to obtain power. In northern New Brunswick, they appear to have stacked the deck in an attempt to control the judicial system. The Conservative government is wrong to do that. The other element in terms of Canadian judicial system appointments has to do with the appointment of people who are influential within the Conservative Party.

The Conservatives say that it is important that the best people be appointed.

Yes, it is important to appoint the most qualified people, and that should guide all of the government's decisions every day. However, a closer look at the situation suggests that it might be more than coincidence.

The Conservatives have just said that the best, most qualified people should be appointed, but we have to wonder. As it happens, the Prime Minister's former campaign director for New Brunswick, the former president of the Conservative Party in Quebec, and the former chief Conservative Party fundraiser for Alberta were all awarded judgeships.

As it also happens, the Conservative government said that there must be transparency—especially on the part of the government—that the best people must be appointed and that the most qualified people must get the job. This is about fairness and about giving people a reason to have faith in the system.

However, it just so happens that high-ranking Conservative Party members got lucky. It is quite the coincidence that these people were appointed and the others were rejected.

We might think that from time to time, party supporters might get lucky and be appointed, but that is because they are the best candidates with the best qualifications, people who can demonstrate that they have the best skills for the job.

We should take a look at the situation in the provinces. I gave just a few examples earlier of very high-ranking Conservative Party members who were appointed to the Canadian judicial system.

I find these elements very troubling. The Canadian people also have concerns about this party, which is easy to understand when things like this come up. The government is trying to make itself look as though it is transparent, as though it is the political party, the government, that wants to do things with as much clarity and transparency as possible. The sad truth is that it is filling up the room and filling up the committees via the back door. What does the Conservative government want the appointees to abide by? By Conservative ideology, of course.

Canadians have every reason to fear the Conservatives. In fact, Canadians have every reason to fear the Conservative ideology, because the future of the country in many respects is certainly not currently in the right hands. People in my riding say so all the time. There are things going on, and people are afraid of the Conservatives.

When we say, myself included, that Conservatives are not transparent, that they try to slip things in through the back door, that they add things to bills to bring them in line with the Conservative ideology, we need to be prepared to back this up. Moreover, we must be able to provide even more proof to Canadians that the Conservative government is making decisions not for the well-being of the Canadian people or of minorities, but solely for the well-being of the political party currently in power.

[Judges Act, April 14th, 2008]

I thank my colleague for his eloquence in addressing Bill C-31.

In examining this bill more closely, we must also ensure certain elements are present. We know that, throughout the country, we are in great need of judges and we owe no thanks to the Conservative government as we attempt to resolve the situation.

In light of Bill C-31 and the 20 additional judges, it is clear that, in terms of judicial appointments, we must ensure that certain elements are present and that there is respect, in order for the judiciary to be highly regarded by Canadians. One of the elements when making judicial appointments is balance because Canadians, in turn, expect balance when decisions are made.

I would like to ask my colleague a question. Does the Conservative government's approach to making appointments, whether for various committees or other bodies, result in balance? Or is the Conservative government trying rather to imbue the judiciary with its ideology? Will this lead to certain problems in future?

[Judges Act, April 14th, 2008]

Mr. Speaker, my colleague from Hull—Aylmer mentioned something important, which is access to justice. Access to justice is something very important for the constituents in our various ridings. Access to justice is certainly related to bilingualism. We ensure that the judges appointed will be able to provide services for Canadians in the language spoken by those Canadians.

The government constantly talks about bilingualism and regularly throws around related words, as though it were the defender and saviour of bilingualism, but that is absolutely not the case. The Conservatives' actions clearly show official language minority communities that the government thinks nothing of those who need services in the language of their choice.

Could my colleague tell us whether this attitude from the Conservative government undermines what we refer to as access to justice? Does being unable to appear before the court in the language of their choice undermine access to justice for official language minority communities, the francophones outside of Quebec, or the anglophones in Quebec?

[Court Challenges Program, April 14th, 2008]

Mr. Speaker, now more than ever, it is clear that the court challenges program is vital to this country's minorities.

Marie-Claire Paulin, who just won a long and important battle against the RCMP to uphold linguistic minority rights, said that without this program, she never could have defended her rights all the way to the Supreme Court.

Why is this government refusing so stubbornly to reinstate the court challenges program? This is a simple question. Why go against the will of the linguistic minorities?

[Dave Ryan, April 8th, 2008]

Mr. Speaker, it is an honour for me to acknowledge in this House today Dave Ryan and his family, originally from Edmunston, in my riding of Madawaska—Restigouche.

Mr. Ryan, who is 80 years old, served Canada in the Korean War in 1950. His seven brothers served in World War II, a few years earlier.

The Ryan family set what is believed to be a national record in terms of the services of one family in the Canadian armed forces in the second world war and the Korean war.

While words can never adequately express our nation's gratitude, we remember the dedicated service the Ryan family has given to Canada.

Therefore, I would like to take this opportunity to acknowledge this family that served in wartime. We wish to recognize Dave Ryan and his family as well as the family members of his brothers Percy, Thomas, Arthur, Earl, Don, Leo and Joseph. We thank them from the bottom of our hearts.