House of Commons photo

Crucial Fact

  • His favourite word was aboriginal.

Last in Parliament October 2015, as Conservative MP for Vancouver Island North (B.C.)

Lost his last election, in 2015, with 28% of the vote.

Statements in the House

Competition Act April 25th, 1997

Mr. Speaker, it was an eloquent ending to a speech by the parliamentary secretary when he talked about his departure from Parliament.

This is my first Parliament. I was rather surprised at the lack of surprise in the calling of an election when in actual fact we do not have a fixed election date. Many things have to be put in place to run the electoral process. I know I am off topic but it all points to the fact that a fixed election date is probably a pretty good idea. It works in a lot of democracies and I think it would work very well

here as well. It would certainly level the playing field in terms of all parties knowing exactly where they stand.

I am joining in the debate today on Bill C-67, an act to amend the Competition Act. From the outset I would like to say the Reform Party has no serious reservations with the bill. In fact we are pleased to see the inclusion of some of the amendments to the Competition Act. It is important that we keep the debate about competition open for discussion, what it is and how it could or should function. In this way we could continue to respond to a changing business environment and to ensure the legislation set out is both flexible enough to respond to the marketplace and efficiently administered in order to be effective.

The Reform position on competition is clear. We support vigorous measures to ensure the successful operation of the marketplace, such as promoting competition and competitive pricing and strengthening and vigorously enforcing competition and anti-combines legislation with severe penalties for collusion and price fixing. The intent of Bill C-67 supports this philosophy.

It is useful to review the Competition Act to see how it works and what it is designed to do. It is designed to promote competition and efficiency in the Canadian marketplace. It forms the legislative framework for some of the basic principles for the conduct of business in Canada, applying with few exceptions to all industries and levels of trade.

We can all agree the act is honourable. The act contains both criminal and non-criminal provisions. Criminal offences include conspiracy, bid rigging, discriminatory and predatory pricing, price maintenance, misleading advertising and deceptive marketing practices.

As we see in Bill C-67 the issue of telemarketing falls under these provisions. Other areas that fall under the act are reviewable matters including mergers, abusive dominant position, refusal to deal, consignment selling, tied selling, market restriction and pricing. This would include such areas and items as gasoline pricing.

The enforcement and administration of the Competition Act are carried out by the director of investigation and research who heads the competition bureau at Industry Canada. At present that individual is Mr. Konrad von Finckenstein. When the bureau becomes aware of a possible competition offence, the facts are examined to determine whether they raise a concern under the act. If the director believes on reasonable grounds that an offence under the act has been or is about to be committed, an inquiry is commenced.

Inquiries can also commence when the minister so directs or when six Canadians make an application for an inquiry. Recently we saw an inquiry commence on the issue of gas pricing in the Ottawa area, for example.

Although the director can use formal investigative tools to gather information, in cases where the director believes a criminal offence has occurred matters are referred to the Attorney General of Canada for prosecution before the criminal courts.

Bill C-67, which the Reform Party supports, enhances the current Competition Act. We are pleased to see the issues of misleading advertising and deceptive marketing enhanced and the issue of deceptive telemarketing addressed. The act currently addresses deceptive marketing. Bill C-67 provides for a more effective means of punishment and is an improvement.

If consumers find themselves victims of deceptive marketing, for instance false advertising, the bill sets out new provisions that will make the system more effective both in terms of administration and cost. Under the current act, when infractions are committed criminal prosecution is obligatory. The new provisions will create a dual regime of civil and criminal offences.

In the case of serious infractions involving repeat offenders or fraud, a criminal regime will be maintained. In less serious cases where an individual or corporation was unaware of the law, the amendments would allow for the infractions to be addressed through civil court by means of fines, cease and desist orders and information notices. This means that civil offences could be addressed without lengthy court delays which can only be an advantage to both the consumer and the taxpayer.

Another area which catches our attention is that of the provisions set out to address deceptive telemarketing. Telemarketing as defined by the bill is the practice of using person to person telephone communications for the purpose of promoting directly or indirectly the supply or use of a product, service or any other business interest.

We can all attest to the growth of the telemarketing industry, somewhat ruefully perhaps. I am sure we can all tell stories of being interrupted once or twice by an eager telemarketer during dinner or at some other inconvenient moment. How best to handle the interruption is a subject for discussion. In my case, I am thankful for the invention of the answering machine and private listings.

Whether we appreciate the work of telemarketers or not, there are serious issues concerning telephone marketing which should concern us all. It is safe to say for the most part that telemarketers are above board, but as with any industry, there is the possibility of deception. Many people, particularly seniors, are at the risk of being taken advantage of at the hands of unscrupulous people.

In the buying and selling of products over the phone there are rules of logic we must all follow. It is wise for instance to be suspicious of anyone who might offer money or grand prizes over the phone for a small fee. As well, many of us know it is inadvisable to give a credit card number to anyone over the phone.

As we do more and more everyday activities by phone and as progress and technology make that more and more possible, the old rules simply do not apply across the board. It is not that simple. This can leave the consumer confused: Do I or do I not provide my credit card number to this individual?

The only solution is to ensure that laws exist to address unscrupulous practices. In order for both the industry and the consumer to benefit, the consumer needs assurance that the marketplace is being monitored to assure fair and legal practices. Where telemarketing is concerned, sound competition policy not only means a confident consumer, it means an educated consumer.

By setting out what is required in order to conduct fair telemarketing practices, Canadians will know what they can demand from any financial transaction conducted over the telephone. We are satisfied that the provisions set out in Bill C-67 address these issues sufficiently.

I mentioned earlier that it is important to keep discussion on competition open in order to ensure its effectiveness and efficiency, but the issue of competition has taken on a broader context in the last few years. This is particularly the case where global competition now plays a direct role in determining the economic policies of Canada.

Competition has become the mantra of the 21st century. Governments around the globe promote its merits and its values in generating wealth and in contributing to innovation. Competition dictates policy in everything from free trade in softwood lumber to the information highway and whether we have direct to home satellites in Canada.

If we look closely, we will see that competition is the reason given by governments to explain many things, including why they must spend money on business subsidies and infrastructure programs for example. In fact it seems that the notion of competition has dominated every policy paper, federal budget, government initiative, piece of legislation, committee report, study and countless conferences we have seen since the government came to power. Sometimes it is sad to say it is nothing more than a euphemism for political patronage and/or vote buying.

For the average consumer it must be confusing. As a voter trying to understand economic policy, the emphasis on competition has left many more questions than answers. Can competition be good if the result is downsizing and the loss of jobs? Can competition be good if it means lower wages? Is competition good, we wonder, when the success of the new Wal-Mart means the closure of the local business down the street?

The average consumer should not apologize for being confused or for asking questions or for feeling some anxiety. For too long voters have been left out of the economic process. The answer that because it is good for competition hardly suffices in their attempts to understand which government policies are sound. The truth is that fair competition is a good thing as long as competition in and of itself is not what dictates good economic policy. Fair competition is integral to sound economic policy.

The Reform Party is a strong supporter of the competitive marketplace but we are very aware that competition alone is not enough to ensure the economic stability we seek. Nor will it alone create the kind of marketplace that builds strong industries and businesses and protects the consumers.

Reformers do not accept that in order to have competition it must come at the expense of the taxpayer. Reformers believe in competitive strategies that have substance. We believe there are ways in which we can increase competition by allowing the taxpayer to function freely in the marketplace without compromising the interests of the consumer or at great cost to the taxpayer. In fact, our definition of a competitive Canada would not only save the taxpayer money but would also provide economic stability.

For the sake of good and fair competition, we would take the politics out of economic decision making in Canada. We would not use competition as an excuse for the unreasonable waste of taxpayers' money spent on business subsidies. We would eliminate grants and subsidies to businesses. A business should be able to survive on its own merits. Taxpayers should not support inefficient or ineffective businesses in this manner.

For the sake of good and fair competition, we would support the removal of all measures that insulate industries, businesses, financial institutions, professions and trade unions from domestic and foreign competition. That would mean dropping Canada's internal trade barriers once and for all.

In order to realize fair and good competition, Reform would orient federal government activities toward the nurturing of physical and human infrastructure. We would give greater priority to the development of skills, particularly those that would provide future job flexibility within a co-operative training environment.

We would base physical infrastructure spending on economic criteria rather than on the basis of artificial temporary job creation. In order to realize a fair and competitive marketplace, we would invest in basic scientific research and ensure grassroots investment

in research and development in order to keep Canada on the leading edge of innovation.

If Canada is truly competitive, we will see a better country where the entrepreneur is valued and the small business person is free to grow, where our children are educated and provided with the skills they need to succeed, where families are relieved from an unfair tax burden and where Canadians are free from worrying about their futures. Instead they must be empowered to reach out and grasp every opportunity that comes their way.

Competition must mean something to the average citizen, not just to bureaucrats and policy makers. Canadians must see real evidence of competition in their everyday lives and feel the effects that a truly competitive society provides. That means direct to home satellites. That means freer internal trade. That means prudent regulation of our financial institutions. That means reasonable interest rates on our credit cards. That means fair prices at the grocery store and at the gas station. For that is a country built on sound economic and social policies where the result is fair and good competition, and that is the kind of country Canada can be.

Petitions April 25th, 1997

Mr. Speaker, the second petition is signed by 225 of my constituents and calls on Parliament to establish a DNA data bank on convicted sex offenders and murderers.

Petitions April 25th, 1997

Mr. Speaker, I have two petitions to present.

The first is signed by 100 individuals from my constituency calling on Parliament not to increase the federal excise tax on gasoline and to consider reallocating its current revenues from excise taxes to rebuilding Canada's crumbling national highways.

Lac Barrière Reserve April 24th, 1997

Mr. Speaker, in early 1996 the minister of Indian affairs appointed an interim band council at Lac Barrière reserve and appointed a mediation team led by Justice Paul who recently resigned pending an RCMP investigation.

Doing a 180-degree turnabout, the minister last week reinstated the band leadership that he rejected in 1996. Having done that, he then called Lac Barrière the most dysfunctional reserve in Canada. Meanwhile a forensic audit of Lac Barrière is still trying to account for $20 million in lost funds and there remain allegations of sexual abuse.

The minister has re-endorsed the old leadership despite the problems that developed in the community during its administration. The minister has abandoned the people in this community, which is totally disheartening for those who are trying to end the abuse, unaccountable spending and poverty at the community.

I beg the minister to do the right thing at Lac Barrière rather than what is personally convenient.

Canada Marine Act April 14th, 1997

Mr. Speaker, we have on the west coast a lot of community problems originating from the designation of ports and port facilities and we have some ongoing discussions and negotiations at the local level in terms of how they are going to manage their affairs given the devolution of the wharfs and facilities which have been known throughout the last few decades as the federal dock and so on.

We have a very specific problem on Vancouver Island with the naming or designation of ports. We have a remote designation and a local and regional designation. These have major implications to communities. When we end up with a largely bureaucratic driven decision that impacts a community thousands of miles a way we have to find a way to ensure that the information upon which the bureaucracy is making its decision is the correct information and not something that someone like I would have to ferret out after

months of amazement at how a decision could be made through something like the freedom of information.

Lo and behold, in the cases of the two communities of Zeballos and Tahsis which are adjacent communities on Vancouver Island as the crow flies but over 300 kilometres separate by road, I determined that the bureaucracy in Ottawa thought they were connected by a 10 kilometre road which affected the designation and how this enabling package and the devolution of port facilities is going to affect them in a very negative way. I am still trying to get that sorted out. I hope I will get some assistance from the respective minister.

I have some assurance that where there are port facilities that fall under small craft harbours under the Department of Transport that are adjacent and have been considered by the community to be single facility, these proposals will be looked at with a lot of flexibility by the respective ministers. In this case, the Minister of Fisheries and Oceans and the Minister of Transport both have jurisdiction. It makes common sense to include both these facilities under one domain and then to move it into a community harbour committee type of arrangement. I am looking forward to co-operation in that regard as well.

This bill has been in the hopper for quite some time. When it was sent to the Standing Committee on Transport there was an awful lot of listening that had to be done. I witnessed a number of amendments that have been made to the legislation. We know it was certainly not a complete package when it was presented and we know there has been a lot of input. We also know that the direction of some of the amendments is very good indeed.

I have a concern that not all the amendments will achieve what needs to be achieved. I think a part of that is due to partisanship and gamesmanship in this place rather than really trying to accomplish what is right. There have been filibusters at the committee stage to block amendments having to do with the St. Lawrence seaway.

Based on a Bloc filibuster the government backed down and withdrew four amendments which were designed to aid the control of the cost of shipping in the St. Lawrence. Government members of the committee rationalized this as a necessary move in order to move the bill along quickly and suggested they would be able to reintroduce them at report stage. This was months ago.

From all outside appearances once again we are in the final days of another sitting of Parliament with an agenda that should not be rushed but appears to be rushed. There were amendments involving ports policing. Ports operating under the umbrella of the Canadian Ports Authority were being policed by the Canada Ports Corporation Police. The bill would bring an end to the existence of the Canada Ports Corporation. However, with the end of the Canada Ports Corporation, also comes the end of the Canada Ports Police.

We have a circumstance where essentially the municipalities do not mind looking after the policing. However, where there are incremental costs which there will be in some cases, naturally they wanted to be compensated. We cannot have federal offloading on to municipalities. I believe there are amendments that will take care of that situation. I hope and pray those amendments will indeed pass.

The legislation also establishes many of the ports previously operating under the Harbour Commissions Act as Canadian port authorities. As such they will be required to pay full grants in lieu of taxes.

We have an amendment calling for a five-year phasing in period. Ports that are not required to pay these grants would pay no less than what they had already been paying and 80 per cent of the difference between what they had been paying in the full value grants in lieu over the next succeeding four years and the full grants in lieu by year five.

No city or municipality would have received less than it had already been getting. At the same time the phase in period would allow time for ports to prepare for the previously unbudgeted impact of these payments. This deficiency in the bill has also been overcome by an amendment that I am supporting as well. However some small ports under the legislation will be placed in financial risk. This is not a good way to start a new program.

There is some good in the bill. In fact there is quite a bit of good in it. The objective of the committee was to examine the bill and make it as good as possible. That has not been met. The issues were clear. The solutions were clear. However the government has failed not because of marine philosophy but because of political gamesmanship. The bill could have been better.

Budget Implementation Act, 1997 April 14th, 1997

It is an Indian industry that has made some very rich.

We have before us today another half step, somewhat like the initiative of Bill C-79 that allows modifications in the application of the Indian Act for certain First Nations. It is a tinkering and at this rate with 600 First Nations we may address section 87 tax exemptions by the third millennium if we are lucky.

This legislation in Bill C-93 is very much a British Columbia specific initiative. Part II of the bill before us will enable the Cowichan Indian tribes to impose a tax on sales of tobacco to Indians on reserves of the Cowichan tribes. The Cowichan tribe is essentially mandated by the legislation to collect a tax from its own membership similar to the way the province currently collects tobacco taxes off reserve. The tobacco taxation provisions for on reserve sales to Indians vary by province and are very complex in British Columbia.

In some provinces there is no on reserve provincial tobacco tax exemption at all. It is a hodge-podge, getting hodgier and podgier.

To further supplement the application of the first tax in section 2, section 3 of Bill C-93 will enable the Cowichan tribes to impose a second tax or 7 per cent value added tax on sales of tobacco on reserve. One might compare this to the GST which is exempt for tobacco sales on reserve to band members.

Part IV of Bill C-93 enables another First Nation, the West Bank First Nation, to impose a 7 per cent value added tax on all sales of tobacco products on its reserves. The West Bank band provisions do not include the provincial equivalent taxation provisions that apply on this bill to the Cowichan tribe.

I have raised the issue of native taxation many times both in and out of the House and I have received the rebuke and bluster of the minister. His approach, like his predecessors, is to maintain more or less the status quo.

The government now spends more on natives than it did three years ago. The Indian Act has not been amended, let alone repealed. Accountability for funding is no closer to acceptable procedures, and complaints from many quarters about undemocratic band elections remain unaddressed. Here we have complexities in our taxation scheme in Canada being assailed from all sides. A simplification need is apparent.

Whose agenda is fulfilled by this initiative? Legislative tinkering has become a substitute for substance and vision from this government.

Budget Implementation Act, 1997 April 14th, 1997

Mr. Speaker, I am pleased to participate in the debate on Bill C-93, an act to implement certain provisions of the budget which was tabled in February. I wish to direct my comments to those parts of Bill C-93 that allow certain Indians in British Columbia to impose an excise tax and value added tax on sales of tobacco products on reserves.

I have had the opportunity to speak to the last three budgets and each time the conclusion is inescapable. The Minister of Finance still does not have it right.

Government generated debt and the resulting tax burden is placing many Canadians in a position of financial hopelessness, unable to get ahead and forced to survive with a current personal debt load equivalent to 95 per cent of their annual personal disposable income. This has grown since 1982 from 62 per cent. This administration has picked Canadians' pockets for a further $24 billion in taxes.

Before I turn to parts II, III and IV of Bill C-93 on the tobacco taxation issue, I would like to make a few comments regarding the manner in which the Indian affairs department is run and offer a few suggestions on what the government could do to improve the legacy of poverty that grips so many members of First Nations.

In 1976-77, not so very long ago, total government departmental spending for the Department of Indian Affairs and Northern Development was $587 million. Today that number is $4.3 billion. This is an increase of 2.4 per cent over last year's budget. All of this for 573,000 status Indians registered under the Indian Act, about 2 per cent of Canada's population.

This sink hole of spending is sad because we have continued misery and a sense of hopelessness where so many of our native people live and continue to live. Despite the spending restraint placed on all other government departments, the spending of the Department of Indian Affairs and Northern Development to 1998-99 will grow an accumulative 12.7 per cent during the term of this government compared with a decline of 24.4 per cent in other departments. This is the only federal department in which spending in 1998-99 will be higher than in 1994-95. It has a history of misguided priorities where the current minister feels that maintaining this native dependency on the federal treasury will deliver these people to self-sufficiency. This is a cruel hoax.

Furthermore, the Canadian taxpayer is suffering because despite all the federal largesse and misguided paternalism, the status Indians who live on reserves do not pay income, property or sales taxes on purchases sold on or delivered to their reserves. The department is totally compromised on this taxation issue.

Section 87 of the Indian Act is surely an outdated, out of step section of the act which protects and maintains this counterproductive exemption.

Total government spending for Indians for all departments runs $7 billion. This excludes the taxation exemption or forgone revenue which results from section 87 of the Indian Act. Reform's position on section 87 is clear. We saw some signs in the Nisga'a negotiations and Sechelt negotiations in British Columbia where the federal government is not dealing straight on the taxation issue.

We have also seen how this tax exemption creates a circumstance where there is no mandate for any other federal department on reserves. For example, the Department of National Revenue has no mandate. This has entrenched a longstanding, self-serving mandate by the Department of Indian Affairs and Northern Development, which has been very counterproductive.

This artificial financial arrangement has also led to many economic dislocations. Lower wages have been justified by the government, lower welfare rates, all kinds of things have been lowered on reserves because of the absence of taxation on these kinds of schemes. In my view this is very counterproductive and in the view of many others.

In hindsight the anecdotal evidence is that native run businesses with a focus on taxation exemption have not been nearly as successful as native run businesses which have operated with the same entrepreneurial focus as off reserve businesses.

To really demonstrate that none of this shows that the taxation exemption is really working, one could ask why are 43 per cent of on reserve natives in Canada on welfare. There are certainly some people getting bloated on the morass of spending. One place is the Hull bunker for the department of Indian affairs which houses 34,000 bureaucrats. Accompanying these public servants are consultants, negotiators, lawyers and advisers, all taking a piece of the $7 billion in action and keeping the myth and their club memberships alive.

Aquaculture April 11th, 1997

Mr. Speaker, the task force on aquaculture appointed by the Prime Minister has finished its field work and submitted its report in January.

When is the report going to be made public? Why is the government sitting on it and losing valuable time?

Aquaculture April 11th, 1997

Mr. Speaker, B.C. produces 5,000 tonnes per year of oysters. This provides high paying jobs.

France imported 100 tonnes of oyster broodstock from B.C. 15 years ago and is now producing 150,000 tonnes per year or 30 times greater than the production of B.C.

The aquaculture industry continues to be bogged down by counterproductive federal rules and bureaucracy. Shellfish production needs to be moved to an advocacy ministry such as agriculture. The federal aquaculture development strategy of 1995 has never been adopted by DFO. The current attitude and practices of DFO and DOE are costing west coast jobs, jobs, jobs, big time.

This has led to calls for provincial jurisdiction. This is probably the only answer unless there is a federal attitude transplant.

I ask the respective ministers to get with the program to allow the industry to prosper.

Copyright Act March 13th, 1997

Mr. Speaker, I wish to support the amending of clause 18 of Bill C-32 by replacing lines 15 to 22 on page 37. Our replacement reads that:

The archive may make a copy of an unpublished work that was deposited in the archive before the coming into force of this section unless the author of the work advises the archive in writing that the work is not to be copied except where the archive receives written notification from the author that the author has given permission to the person for whom the copy is to be made to obtain the copy, in which case the archive may not make a copy of the work unless it receives such a notification.

Many members on this committee have toiled with improving this massive document which deals with amendments to the Copyright Act. They must all know that deficiencies and imbalances still exist within this document, not the least of which is the section dealing with archives. As it stands now the bill is unrealistic and unreflective of the input and representation to the contrary that came before the committee.

I have received numerous representations on this element of the bill. One of my constituents who is a genealogist/archivist made a written submission to the committee on this restrictive section,Ms. Judy Norberg of Campbell River, British Columbia. Her representation characterized the issues of accessibility and freedom of information in Bill C-32 as truly regressive and a definite step backward for the work of genealogists. Without the right to photocopy unpublished documents the hands of thousands of students, historians and genealogists will be effectively tied.

The amendment before us unties this restrictive section and is reflective of conscious and realistic thought on behalf of that sector of the population that requires access to unpublished information.

As it stands now, those individuals who help all Canadians to better understand their history, their origins, their background, those people chronicling our history are at a severe disadvantage if the bill sits the way it is right now.

It is not possible for everyone to take advantage, for example, of in person viewing at an archival facility. We are all at a deficient position if this amendment before us is not supported by the House.

During committee some amendments were adopted that will benefit archivists and genealogists. Archivists are now allowed to make a copy of an unpublished work for research or private study under specified conditions.

These conditions differ according to date of deposit and the date of the author's death. For example, copies would be made of archival material deposited when the bill is proclaimed in force and whose author had died over 50 years previous to proclamation date. These dates, however, are overly onerous. There are some things that could be fixed there.

Reform feels further refinement and amendment is sought by archivists and genealogists to better reflect their need for better access and authorization to use certain documents which would really be of no consequence to the rest of the world.

It is not like this would somehow infringe on other people. It is a productive, constructive arrangement. In our view, it is not an infringement of copyright for either an archivist or a person acting under the authority of an archive to make copies for research or

private study of a work that is contained in an unpublished forum. However, the bill without this amendment would prevent this.

There is currently a fair use provision for published works. Access to non-published works is essential for archivists and genealogists in their research of family historical records for example.

The bill originally created tremendous restrictions for archivists, historians and genealogists. Amendments have improved the original bill but the conditions of the current bill still leave these researchers concerned because they would not have unfettered access to archival material such as is provided in jurisdictions outside Canada.

While some of the improvements have been made to the bill, it is essential to not hamstring archivists for making a copy of an unpublished work that was deposited into the archive before the coming into force of clause 6, unless the author of the work advises the archive it is not to be copied.

The amendment we are putting forth also states where the archive receives written notification from the author that the author has given permission to the person for whom the copy is to be made to obtain the copy, in which case, the archivist may not make a copy of the work unless it receives such a notification.

Genealogists are concerned that genealogists and family history researchers have uninhibited access to study, extract and copy archival material whether published or unpublished as part of their research efforts.

They have a concern that this bill places severe limits on rights of reproduction which would have the effect of depriving major sections of the population of this country access to the information required to learn about their Canadian backgrounds and thus inhibit the chronicling of our nation's history.

I feel that this amendment ensures that archivists and genealogists are allowed to practice their profession or hobby. It is not threatening intellectual property. It also ensures that all Canadians will benefit from a better understanding of our roots, heritage and history. I would urge all my colleagues to move forthwith and support this amendment.