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Crucial Fact

  • His favourite word was manitoba.

Last in Parliament March 2011, as NDP MP for Elmwood—Transcona (Manitoba)

Lost his last election, in 2011, with 46% of the vote.

Statements in the House

Airline Industry April 30th, 2010

Mr. Speaker, in the last six months, the Obama administration has leaped ahead of Canada in the area of air passenger rights.

Last November, the U.S. imposed the first tarmac delay penalties in North America. That means that after a three-hour tarmac delay, the airline has to pay $27,500 per passenger in fines. Just three days ago, the U.S. fined Southwest Airlines $200,000 for overbooking passengers.

When will the government catch up with Europe and the United States and start protecting air passengers' rights?

CONSTITUTION ACT, 2010 (SENATE TERM LIMITS) April 30th, 2010

Mr. Speaker, I agree with my good friend on a lot of political points but there are some on which I do not agree. I think the public is eager and hungry for change here and this could be a very popular move. I do not think that even the members of the Bloc would object to senators being elected by the people. I think their objection would be that this may run up against the Constitution. They may be right but I do not think so.

The minister pointed out that in the past 143 years there has only been one change to the Senate and that was in 1965 when the age of retirement was limited to 75 years where it had previously been unlimited. It is clear that the House can make certain decisions and the government obviously contends that this is one of them. I tend to agree with it. This should be one of the changes that the government should be allowed to make.

Where we get into the constitutional question is when there is more fundamental change to the structure. On that basis, I think the Bloc member may be right. If the government were making more fundamental changes, perhaps there would be room for a court challenge, but this is not, to my mind, a huge change that would require a challenge to the courts. The members say that may happen, and it may at the end of the day, but it also may not.

Yesterday the Liberals mentioned that they think there could be a court challenge here. On the other hand, they are saying that they might be able to go along with this bill if we were to limit it to 15-year terms. I think the Liberals are holding their cards open here and in that way they can win either way. Their argument is that if it is going to go through, they want to have a 15-year term. They are thinking that if they get it thrown over to the courts it will be another 10 or 15 year delay. However, when they lose their majority in the Senate, watch them change their view on that. Then they will be complaining that the Conservatives are dominating the Senate, ramming legislation through and being unfair to them. I think the Liberals, in particular, are in a very difficult, dicey situation here because no matter which way they turn they have a problem.

CONSTITUTION ACT, 2010 (SENATE TERM LIMITS) April 30th, 2010

Mr. Speaker, I will ignore the member's first criticism.

The member is part of the government that chooses the pieces of legislation that it sees fit to put before the House. We are the opposition and we will decide whether we like legislation or whether we will amend it.

Our critic and I have said that we are willing to support the legislation and get it to committee. I am not certain whether there will be amendments at that point but, on the surface, I do not have a problem with the bill. As a long-term abolitionist of the Senate, I still hold that view but I am prepared to see incrementalism take its course here and see what comes out of this particular bill.

It is just a fact of life that in 2006 the Manitoba government moved ahead in anticipation of this and set up an all party committee, which has worked well on a number of issues. It has passed its set of rules, which first past the post will be the way it will do it. It will have three seats in Manitoba, two in southern Manitoba and one up north.

The Government of Saskatchewan, which I understand is doing roughly the same thing, may have a different take on it. It will elect its senators in the way it wishes to do it. As the member knows, Alberta was the first province to do this.

I was not criticizing the triple-E Senate people. I was just saying that up until they came around, abolition was the only option. When they came around, a number of people said that since we cannot get rid of the Senate that maybe the triple-E is a good idea. They then found out after a certain period of time that that idea would not fly because they ran up against the Constitution.

I am not precluding anything here to the minister. I am just happy he is here asking questions. All I can say is just bring on the bills and if we can support them we will and if we cannot we will tell the government why.

CONSTITUTION ACT, 2010 (SENATE TERM LIMITS) April 30th, 2010

Mr. Speaker, I am very pleased to rise today to speak to Bill C-10.

The first part of the debate started yesterday. We have had a very interesting debate. The minister was here and participated in the debate yesterday. We welcome that. It is the second time this week that we have had ministers from the government in attendance, and I think that is a very positive sign.

This is actually the fourth time that the government has tried to bring in this type of a bill to limit Senate terms, and I think this time could be the lucky time. I must tell the President of the Treasury Board that it all depends on several things, such as whether the government tries to engineer another election or whether it prorogues Parliament. That is why the bill did not make as far as it could have the last two times. Perhaps the first time around there were some other forces that scuttled his bill, but certainly the last two times it was self-inflicted.

As our critic, the member for Hamilton Centre, pointed out yesterday, we have no problem with this bill and with this concept. For many years now our party has been solidly on the record as being in favour of the abolition of the Senate. At this point in our history, I think many of us believe that incrementalism may in fact be the answer here. If we can chisel away at this structure a little bit at the time, we might get it into a better form than it is. For that reason, we think this is a positive step.

Eight years seems like a fairly long time for Senators to serve. Under an ideal structure, if we were to be electing Senators, we would more than likely want to be electing them on a five year cycle, like the members of the House, and maybe in alternate years so we did not have a total and complete transfer of political power in the country in one election cycle. We could build it like it is done in the United States over a two year cycle.

That is not what we are dealing with here because we have the constitutional requirements of the country. The government has nibbled around the problem sufficiently to be able to confidently propose this particular bill with the knowledge that this will in fact be constitutional, regardless of what the Liberals keep referring to, that they want to send it off to the Supreme Court. That would buy them another 10 or 20 years.

The fact is the government is on pretty solid grounds to make this particular incremental change to the Senate. What is exciting about the whole process at the end of the day is that some of the provinces are electing their own Senators. I believe Alberta has been electing their own Senators, but Saskatchewan and now Manitoba are planning to follow suit.

I do have the November 2009 report from the Manitoba all-party special committee on Senate reform. The President of the Treasury Board understands how Manitoba has worked in a minority government. He was there for that period. He knows that under the former Filman government and under the Doer government for the last 10 years, Manitoba's solution to many very controversial problems has been to resolve it through an all-party process.

We did that with the smoking in public places issue, which I believe was actually an issue introduced by one of the Conservative backbenchers at the time in opposition. We dealt with this issue very effectively during Meech Lake as well.

I once again encourage the government to look at a model that has worked in the past in other provinces.

What the legislative committee came up with was fairly interesting because it consulted broadly in the process. The mandate of the committee referred to the fact that the federal government would be moving forward with Senate reform and in response Manitoba would establish an all-party committee to ask Manitobans how senators should be elected.

The federal government asked the provinces to consult and asked for input on Senate selection. The all-party process on consultations reflected Manitoba legislation passed in 2006 and I will get to that fairly soon.

It is timely to move forward because the legislation to create an eight year term limit for senators was introduced recently in Parliament.

For the public who are watching, the fact that we are simply limiting Senate terms is not being done entirely in isolation. There are other things being done across the country.

The act to establish the committee was also set out in that particular mandate. The committee considered matters relating to the election of senators from Manitoba, the manner in which an election of senators should be conducted, including whether senators should be elected using proportional representation or any other type of voting. Therefore, we did not prejudge the situation and limit it to one option. We left it wide open and ensured that the election of senators would result in better representation for all the regions of Manitoba.

Once again, it was chosen by a fairly large all-party committee. There was a seven person subcommittee that was set up as well. It had public meetings all over Manitoba, in Brandon, Carman, Dauphin, Flin Flon, Norway House, Russell, St. Laurent, Steinbach and Winnipeg. It advertised these meetings on websites rather broadly actually. At the end of the day there were 51 presentations at the public hearings. There were 31 written submissions sent.

As I indicated before, on June 13, 2006, Bill 22, the election reform act was approved by all parties in the Manitoba Legislative Assembly. The act stated that if it was not to be abolished, the Senate should consist of democratically elected members rather than members appointed by a process involving patronage appointments.

The Manitoba Senate was abolished in 1875 and a single legislative assembly has served the province well since then. I have never heard anyone in Manitoba ever asking me to bring back the Senate. As a matter of fact, I have never heard of anyone in my constituency, over 23 years as a provincial MLA, even knowing there was a Senate in Manitoba. It disappeared in 1875. It has been long forgotten and no one is concerned about it. So we would not want to be entertaining ideas of reconstituting a Senate in Manitoba. We have to deal with the one we have right now. That is the problem.

There was a clear consensus that evolved out of this particular process. The recommendations were that if the federal government moved forward on its commitments, elections would be held in the province of Manitoba to elect nominees to the Senate and forwarded to Ottawa. Elections would be administered through Elections Canada with the cost being the responsibility of the federal government. The method of voting would be first past the post.

That is controversial even in my own caucus. There are a number of people who are very strong supporters of proportional representation and there are some valid arguments for that proposal as well, but the Manitoba all-party committee, after hearing presentations, after discussing the whole issue of PR and other methods, decided that it would prefer the first past the post.

There should be a regional representation among Manitoba's allotment of six Senate seats. The committee took the six Senate seats for Manitoba and applied three to Winnipeg, which has actually more than 50% of the population, two in southern Manitoba, and one in the north.

Elections would be held in each of the regions. The persons with the most votes in each region would be placed on the list of nominees that would be submitted to the prime minister. Once again, the current proposal of an eight year term limit by the federal government is in keeping with what was heard from the presenters.

Regardless of my views on whether eight years is enough or not enough, the committee in Manitoba certainly was endorsing the eight year option. I understand that the Liberals are looking at a 12 year or 15 year option and it seems to me that they are probably just grasping at straws in this case. I actually feel the Liberals will maybe for the wrong reasons change their minds on this bill and support it as well because they are losing influence in the Senate.

The Conservatives are now, I believe, in a majority situation, not by much, but fairly close. Even when Liberals, on their good days, look at the Senate situation, they too will recognize there are some serious problems in appointing people on a lifetime basis.

Our critic, the member for Hamilton Centre, dealt with this issue brilliantly yesterday and for those who were here to hear his speech, it was certainly one for the ages. It was an excellent speech. He had the House rocking. He looked at the preamble of the bill and read it:

WHEREAS Parliament wishes to maintain the essential characteristics of the Senate within Canada’s parliamentary democracy as a chamber of independent, sober second thought.

He went on to detail the history of the Senate and how it is such a joke, that people would view this body as a chamber of independence. He pointed out that the government has a leader in the Senate. There are caucus meetings in the Senate. The senators participate and agree on strategies in the Senate. Even so, the Senate is loaded with political operatives. It is blatantly obvious that senators do not even try to hide the fact.

When John Turner was running against Brian Mulroney, Brian Mulroney was able to change the debate and flow of the election by attacking him for going along with the final Trudeau Senate appointments, which were just blatantly patronage appointments. I do not have the list of the recent Conservative appointments, but they are not any different than the Liberal appointments. We have a senator from Manitoba who was the national president or national director of the PC Party and guess what, he is one of the appointments to the Senate.

As was pointed out by one of the speakers yesterday, basically the entire Conservative national campaign team, including fundraisers and the whole gang, have been appointed to the Senate. The only difference from Liberal days is that they are there for eight years as opposed to, as the Minister of State for Democratic Reform pointed out, a maximum of 45 years, up until age 75. So there are eight year appointments in place.

In the Senate, as we speak, there could be a campaign committee strategy session of the Conservative Party of Canada over there because the players have all moved from the party over to the Senate. So the senators are travelling around the country, totally unaccountable, as the member for Hamilton Centre pointed out yesterday. They do not have public meetings.

I remember appearing before a Senate committee a number of years ago in Manitoba. So I know the Senate is active and that it does have hearings on issues. It has bills, like we do, and it deals with the process. However, from a public point of view, rarely do we see senators in the media dealing with issues. We do not see them having public meetings on issues or leading any sort of political discourse in this country. The result is that the public becomes very cynical.

If we were to ask people in Manitoba to name their senators, I do not think they could, other than Senator Carstairs who they know because she was the Liberal leader who took the party from obscurity to prominence in 1988 for a two-year period and then took it back to non-prominence. However, she is in the Senate and she might register on a poll asking people who their Manitoba senators are. However, I guarantee members that without mentioning the names of the senators, literally nobody will know who their senators are. Clearly, that is not even healthy for the senators. I can imagine how desolate it must be for them to be appointed to a body for 20 or 30 years and find out that nobody knows who they are and nobody cares and they do not really do anything. I have not talked to any senators about it but they must have some questions about this role themselves.

I know there have been initiatives in the Senate in the past to make themselves more relevant in the process but I do not think the public will ever agree that the Senate is in a position to reform itself. As dedicated as some of the senators might be to cause reforms to occur to their own structure, there is a believability gap there. The public will not believe that the Senate, at the end of the day, will make any fundamental break with the past. That is what the hunger is for out there in the population.

I draw members attention back to what some members of the Conservative backbench members might refer to as the “good old days” when Preston Manning was leading the charge about 20 years ago. I refer members to the triple-E Senate where the Reform Party wanted an elected Senate, an equal Senate and an effective Senate. It did make a lot of waves and had a lot of support right across the country, but particularly in western Canada where the concept started, for the idea.

I think it was during that period of time when people started to think that the idea of abolition was not the only answer. Up until that period, I think it was either a choice of living with what was there or, if we did not like it, to simply change the party in power so it would appoint a new brand of senator. However, they were either red ones or they were blue ones. Abolition was the only option at that time for people who wanted to do something with the Senate.

It was only when the triple-E people came in with their idea that a number of people who were only interested in opposition at that point started to change their attention to the triple-E idea as a different option. However, then they found that would not fly either because of the constitutional implications in the concept.

That is where we sit with this. I recognize that the government is moving ahead in a tentative fashion because it cannot push those constitutional bounds. It is also trying to do this because it has been frustrated for four years. It has not been able to get its legislative agenda through the Senate and this is one way for the government to try to clear the roadblock and enable it to function. The problem is that if the government does not get these reforms now it may get comfortable with the system the way it is and then change will stop.

Committees of the House April 29th, 2010

Mr. Speaker, I am very pleased to speak today to the bill.

At the outset, the member for Eglinton—Lawrence made a spectacular speech on the subject. It was 100% accurate all around. However, I have to observe that there appears to be two Conservative parties in the House, particularly on this issue. We have the member of the Bloc writing the script for the Conservatives in the committee.

I am quite surprised, for a Conservative government that normally wants to follow the United States. The United States has rocketed ahead of Canada just since January in the following areas. For example, in terms of tarmac delays, Mr. Ray LaHood, the secretary of transportation, is now penalizing the airlines $17,500 per passenger for tarmac delays longer than three hours. If that does not smarten the airlines up, I do not know what will. I spoke to him on February 20 when I was in Washington. I tried to get an explanation as to why it would be such a huge amount.

The members of the government are complaining about the figure that we had in the bill, which was $500 and we were prepared to take it down to $100. In fact, we were even prepared to amend the bill, as the member for Eglinton—Lawrence said, to make it a requirement that the penalty would not exceed the price of the ticket.

Just two days ago, and members are probably not aware of this yet, a new ruling came out on overbookings in the United States. On Tuesday of this week, Southwest Airlines was fined $200,000 for overbooking passengers. This has all come about in the United States, while we have been sleeping for the last year.

The rules in the United States and the aggressiveness of the authorities is right up there with the EU.

Let us deal with the EU for a moment. The European Union has been mentioned a few times. Its legislation started originally in 1991. It was expanded to include charters five years ago.

We are dealing with a number of countries. We are dealing with England, Germany, France and Portugal. They have tremendous experience and we have simply taken their model. In fact, if we read their legislation and we read our legislation, it is word for word in many areas. Therefore, there is experience with this.

Therefore, why do we have these apologists for Air Transat's operating in the legislative environment. I do not understand this, how lobbyists can get to elected politicians so easily and some how convince them that black is white and white is black.

We even went back to our legal team to get an opinion on the issue brought forward by the Bloc that this was not enforceable. We presented the legal argument from the lawyer saying that this was totally constitutional. These bills are drafted by lawyers. They will not waste their time drafting bills that are not constitutional. We have an opinion from the lawyer, which says that there is nothing wrong with this wording.

I specifically sent it to the lawyer on the basis that I wanted his opinion on the Cubana Flight 170, 172, about which the member is concerned. For those who do not know, that was the flight of March 12 when several hundred people were held captive for 12 hours on a plane in Ottawa with no food, no water, overflowing toilets. They were saved by somebody after 12 hours, realizing that they should phone the RCMP. That is how they got off the plane. Otherwise they might still be there.

It was on that basis that we sent this to the lawyer. We told him the Bloc's objections and asked how Bill C-310 would help the Cubana passengers. The lawyer came back and said that was exactly what the bill would do. It would have helped those passengers because the airline would compensate the passengers, as they do in Europe, and then the airline would have every right of subrogation against who it saw would be the guilty party.

When Air Canada was dealing with snowstorms in Vancouver two years ago, and it did not take care of its passengers then either, it sure moved against the airport quickly. It had lawyers chasing the airport for wages that it paid because of the storms and because the airport ploughed the wrong runway. That is always there.

In insurance principles, if a car hits our fence, we get our cheque from Wawanesa Insurance, but then Wawanesa turns around and goes after the automobile insurance company. That is its business. We are the passengers and we want to be dealt with by the airline. If the airline can recover from CATSA or from an airport for shared responsibility, then that is its business.

The member for Eglinton—Lawrence pointed out that we had an extraordinary circumstances exclusion in the bill, which hard-core consumers would say is way too broad. It would allow those airlines in Europe to use extraordinary circumstances, and some of the airlines are totally irresponsible and use it for everything. To them, everything is extraordinary circumstances. It is up to the passenger to go to small claims court. In Europe a company called EUclaim, based out of Holland, has been very successful in getting claims settled for people. However, it is no picnic in Europe. The airlines are fighting this tooth and nail.

Air Transat has been paying compensation. Do not let Air Transat lie to us. It has been paying compensation. We asked Air Canada several times now how much it had paid in the last five years in compensation to its flights in Europe. It has not stopped flying to Europe. It is flying as many flights as it was five years ago. Air Canada will not tell us that. Nor will Air Transat. They are prepared to ill treat their customers in Canada but treat them a lot better in Europe.

The member for the Bloc says that he does not know what is going on with the ash situation over in Europe. He thinks maybe Air Transat and Air Canada are treating the passengers the way they are supposed, paying for the hotels and the meals. That is what they are supposed to do, under the EU regulations. He is wrong.

I get complaints constantly. I can tell members that it did not take very long to hear from a passenger who was flying on Air Transact, although we had complaints emanating out of Air Canada, as well. Jason Keats, who was from Toronto, contacted my office on April 20, not long ago. He told us about how he had bought tickets for him, his wife and children to London, England. He was going to fly to Paris in two weeks and then was going to fly home from Paris.

Guess what the responsible airline did in the crisis? Not only did it not pay for any hotels, it did not pay for any meals and it stiffed the guy for his return tickets from Paris. The airline would not give him his money back.

He had to buy regular priced tickets back from London for he and his kids when the ash cleared. Meanwhile, he missed his Paris flight because he could not get there. Air Transat would not give him his money back. The two seats were vacant all the way home and people were stranded in Paris, looking for seats. It did not even sell the seats to somebody else, which a responsible carrier should do.

Do not tell me that somehow these airlines are responsible. They are not responsible at all. They may smile at us when they are lobbying. However, when they get out there in the market, they only pay what they have to under the rules. The sooner we recognize that, the better.

This is not the only example. There was the swine flu incident in Mexico last year and the airlines would not give people back their money.

Constitution Act, 2010 (Senate Term Limits) April 29th, 2010

Mr. Speaker, I realize how difficult it must be for the member to defend the 143 years, mainly Liberal years of government and having done absolutely nothing to make changes that we are talking about right now.

The Minister of State for Democratic Reform pointed out that in 143 years, there was a change limiting the retirement age of senators to 75 years back in 1965.

The fact of the matter is the NDP have been in favour of abolition of the Senate for many years. However, I think we have to recognize that incrementalism in this case is perhaps something we have to deal with. We are not looking at abolition so we may have to take this one piece at a time.

The Conservative minister who is proposing the bill is actually coming out of a process where the previous party wanted many more changes. It wanted elected senators and many more changes but it was unable to get them because of the constitutional aspects.

We have to give the minister credit for at least making a little bit of a step. This is not a big step. I do not see why the Liberals should have a big problem with this and would want to delay it another 10 years by sending it to the Supreme Court.

Balanced Refugee Reform Act April 29th, 2010

Madam Speaker, I want to talk further about this whole issue of immigration consultants. I have not heard much about the government plans to do about them.

I think there is a registration system in place in Manitoba for immigration consultants. In some cases, we have people who are operating out of travel agencies. They make money on the airfare and then they charge a person $5,000 to fill out paperwork. The minister has heard stories like this. It is paperwork that could be filled out by anybody for free and, in fact, should be.

One of the ideas mentioned by our critic was that immigration consultants should perhaps be banned from the Immigration and Refugee Board's hearing room. That is one example of something that could be done. I am curious as to what the government's plan is to deal with this whole area.

Balanced Refugee Reform Act April 29th, 2010

Madam Speaker, Bill C-11 would do very little to deal with the problem of unscrupulous immigration consultants. In fact, former Immigration and Refugee Board chair, Peter Showler, believes the expedited timelines could actually drive more refugees to consultants, so that defeats the purpose. If we are trying to put some rules and regulations on these immigration consultants, this bill may assist them in gaining more business.

Does the member have any ideas on how we could improve the rules on immigration consultants?

Balanced Refugee Reform Act April 29th, 2010

Madam Speaker, the member knows that the NDP position on this issue is to assess each case on individual merit and invest in high quality initial decisions to get it right the first time, keep it non-political, have an independent body make all the decisions, keep things simple, avoid unnecessary rules and put the necessary resources in place to avoid backlogs.

One of the issues we are certainly concerned about is unscrupulous immigration consultants. We have seen this problem for many years. Even the minister agrees. We also agree that the appointments to the board should be independent appointments.

Would the member like to comment on that whole concept of some of the concerns that we have with the bill?

Balanced Refugee Reform Act April 29th, 2010

Madam Speaker, I agree with the member's speech entirely.

We are optimistic that the minister actually has the political smarts to make this bill a success, just from the attitude he has expressed, unlike some of the other ministers in this House.

Fundamentally, though, we do have a serious problem with this safe countries list. The problem is that Bill C-11 creates a refugee claims process that is fast but not necessarily fair. The introduction of the safe countries of origin means the minister has the power to create two classes of refugees, those with the right of appeal and those without the right of appeal.

The other day the minister offered to let us see the regulations before the bill passes. I think it is a positive sign. However, we could see those regulations but a future minister could then change those regulations and we could be back to where we started.

Does the member think that the minister's offer of showing the committee the regulations before the bill is passed is actually an open and progressive way of dealing with this particular issue?