John Rafferty

[Response to the Supreme Court of Canada decison in R. V. Tse Act, March 19th, 2013]

Mr. Speaker, we are certainly pleased that the government members listened to Canadians and the concerns they had about Bill C-30. I do wonder, however, why the government dug in its heels for so long before admitting that it was wrong and working with the opposition to make it right. However, it has happened, and we are certainly pleased that it has.

To go on a bit further, I will add a couple of extra points concerning how this bill would work and why it is important that these changes have been made.

I talked about the added safeguards that constitute notification and reporting and I talked about the legislation ensuring that there would be 90 days' notice given after a person's private communication has been intercepted in situations of “imminent harm”, which are two important words.

There is also an annual reporting section in this bill, which is important. These amendments would limit the authority of the police to use certain provisions and would restrict their use to offences under section 183. The amendments would narrow the scope of the bill, which I also think is a good thing.

[Response to the Supreme Court of Canada decison in R. V. Tse Act, March 19th, 2013]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-55 today. I am thankful to my friend, the very hard-working member for Beauharnois—Salaberry, for her kind attention to it also.

The bill is really about striking a balance between personal freedom and public safety that was not achieved with the previous bill, Bill C-30. In the five years or so that I have been here, I cannot recall a topic or bill that has caused so much reaction from constituents. There may be one or two other bills that the constituents in my riding have been very concerned about, but reaction to this one in particular was certainly inflamed by the comments made by the Minister of Public Safety when Bill C-30 was introduced. I am pleased that something is now being done.

I am not sure whether the government is doing this now for political reasons or because the Supreme Court has said that it has until next month to have these amendments ready. In any case, Bill C-55 is certainly a welcome change and welcome difference from the previous bill, Bill C-30.

For those folks who might be watching at home, I want to talk about the bill for a second and give a bit of background.

This enactment amends the Criminal Code in response to the Supreme Court's decision in R. v. Tse in order to provide safeguards relating to authorization to intercept private communications without prior judicial authorization under section 184.4. Notably, the enactment requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under that section. It also provides that a person who has been the subject of such interception must be notified of the interception within a specified period. As well, it narrows the class of individuals who can make such an interception and limits those interceptions to offences listed in section 183 of the Criminal Code. On one hand it has been narrowed, but it is also now putting in the safeguards that Bill C-30 did not have to ensure that the personal freedom of Canadians is not infringed upon unduly while public safety is served.

This does strike a nice balance. That is why the NDP and I will certainly be supporting the bill at third reading.

In its simplest terms, this new legislation is simply an updated version of the wiretapping provisions that the Supreme Court has ruled to be unconstitutional. The court has established new parameters for the protection of privacy. We in the NDP believe that this legislation complies with those standards.

Canadians have good reason to be concerned about Conservatives' privacy legislation. It seems to not be front and centre or at least top of mind when legislation is put together, so the ruling of the Supreme Court was certainly welcome, and Bill C-55, which is a result of that ruling, is also certainly welcome.

The proposed amendments appear in direct response to the Supreme Court decision. They add safeguards that constitute notification and reporting under section 184.4 of the Criminal Code. Specifically, the legislation would require giving a person 90 days' notice—although there could be an extension made by a judge—after his or her private communications have been intercepted in situations of “imminent harm”, which are two very important words.

The bill also requires the preparation of annual reports on the use of wiretaps. These amendments appear to be in direct response to the court's instruction in this matter.

As a result, we support the bill. It is essential that such investigative measures include oversight and accountability.

We have certainly heard, and my constituents have heard, over and over again from this government those terms “oversight”, “accountability” and “transparency”. Certainly Bill C-30, the original incarnation of this bill, did not include any of those things. This new bill, Bill C-55, does, and as I said before, it is welcome.

When New Democrats look at the bill, we look at the public interest of the bill and respect for the rule of law. That is why Bill C-30 was a bill that we simply could not support: it failed on both of those counts. Bill C-55, after we have studied it, certainly would appear to do that, and we will be supporting it at third reading. Most importantly, it would meet the rule of law, the Constitution and the Canadian Charter of Rights and Freedoms. We do not expect that there would be a further Supreme Court case on Bill C-55.

I will talk about section 184.4 of the Criminal Code. The Supreme Court decision stated:

Section 184.4 recognizes that on occasion the privacy interests of some may have to yield temporarily for the greater good of society — here, the protection of lives and property from harm that is both serious and imminent.

With regard to Bill C-30, the court also stated:

In its present form however, s. 184.4 contains no accountability measures to permit oversight of the police use of the power.

I quote that because that is essentially what Bill C-55 would do. It would ensure that there would be safeguards for the public good, while at the same time protecting public safety.

A number of experts have indicated that they are pleased with Bill C-55 and the changes that have been made, and it comes just under the wire of when the Supreme Court said the changes needed to be made. I take it on faith that the government is presenting Bill C-55 in good faith, that it is not for political reasons, that it has listened to the Supreme Court decision and has made the changes accordingly. I do not yet know how the Liberals feel about this particular bill and I certainly look forward to hearing what they have to say on it.

I look forward to any questions members may have for me.

[Northern Jobs and Growth Act, March 4th, 2013]

Mr. Speaker, I would like to ask just a quick question because I know this is the third question and we probably do not have much time.

The Dehcho and Akaitcho peoples in the Northwest Territories have not completed their land negotiations with the Northwest Territories at this time. This legislation imposes a surface rights regime on them. Is the member concerned that this could affect the pace of land claims negotiations in the Northwest Territories?

[Northern Jobs and Growth Act, March 4th, 2013]

In any committee.

[Northern Jobs and Growth Act, March 4th, 2013]

Mr. Speaker, I appreciate the member's comments. She is absolutely right. That is the feeling that we in the opposition get in committee. We know that these are worthwhile amendments and we wonder why the Conservatives consider that it would be some sort of defeat if they were to accept any of them. Perhaps the Ottawa bubble syndrome causes them to think that for some reason they would lose votes.

I do not know what they are thinking, but the thinking should be that we go through all of the controls to make sure that we come forward with the best legislation possible.

[Northern Jobs and Growth Act, March 4th, 2013]

Mr. Speaker, as everyone knows in this place, and certainly in northern Ontario, the government has put the member for Parry Sound—Muskoka forward to try to move the Ring of Fire along. He will know, as will people in northern Ontario, that perhaps the main reason it is not moving along is there has not been the consultation that first nations people expect and deserve, and I know that the member for Parry Sound—Muskoka will do his best to ensure that happens.

In reference to this bill, it has been in the works for 15 years, approaching a couple of decades. This refers to the first part of the comment from the member for Skeena—Bulkley Valley. There really is an opportunity to put forward perfect or near-perfect legislation. After that period, one would think that the Conservatives would be interested in what the witnesses have to say when they go to committee. One would think that they would take everything that they have to say under proper advisement to ensure that they put forward the absolute best bill that they possibly can.

It is almost as if they go for 15 years, building up and building up, and then in the final hour they just say, “Oh well, let's go with what we got”, instead of going that extra little mile and saying, “Maybe there are some good amendments here; maybe we should look at these; maybe we can make this a better bill”.

Quite frankly, that is what Canadians expect from us.

[Northern Jobs and Growth Act, March 4th, 2013]

Mr. Speaker, I thank you for the opportunity to continue my comments in this debate. Just before question period, in the first part of my discussion, I was talking about one part of the bill that actually works quite well and would certainly be particularly good for Nunavut. However, let me take a few moments to speak about the Northwest Territories surface rights board act. There are some difficulties there.

I would like to reiterate that Canadians expect us to work together in this place. When amendments come forward, Canadians expect them all to be considered, regardless of where they come from, whether from the government or the opposition. Unfortunately, right across all the Conservative-dominated committees, without exception, they have all been rejected outright. That is sad for democracy, because here we have a bill that has been 15 years in the making and we have a real opportunity to make it not just a good bill but a perfect bill.

One of the big concerns I have is with the preamble, which says the Inuvialuit final agreement provides for a surface rights board, but it is not clear anywhere in the bill where that actually exists. It says it in the preamble, but not in the bill. That could be problematic going forward.

Additionally, there is no provision for a surface rights board in the Salt River First Nation treaty settlement agreement. Further complicating the issue is the unsettled land claims of the Dehcho and Akaitcho First Nations. What will happen is that all the lawyers will be in court some time soon after the act is implemented because there will be some confusion.

It is most unfortunate that we could have a perfect bill if the government had considered even some of our amendments. However, it would not do it. It would make mining more responsible in northern Ontario if some of our amendments had been accepted.

The other part of the bill that has me concerned is the whole concept of sustainable training. Education and skills development are critical in all of these large projects. I refer to northern Ontario and some of the issues that we have had in the Ring of Fire and some of the other mining developments that are struggling to go forward. Chiefs have been very clear to me that they do not want one-year or year-and-a-half construction jobs for people from their first nations, and then nothing and they are out in the cold. What they want is real training with real, long-term sustainable results for their people. That means things like people being trained as tradesmen and journeymen electricians, carpenters and plumbers.

They are concerned about what happens when the projects end, and almost all of these mining projects do end, whether in five years, 10 years or 20 years. They want to ensure that the people in their communities have the ability to be mobile, that they have skills they can use any place across Canada and can still, in essence, support their communities and come back and visit and perhaps live there full time some day.

As we heard in question period, we are talking about $8 billion of potential investment and some 4,500 new jobs. It is important that there be something in the bill concerning sustainable skills and skills development that really spells out what the responsibilities are.

The member for Western Arctic, in his comments, was very concerned that the NWT surface rights board act may have been rushed and that perhaps not enough time was taken to talk about it.

We put forward the amendments from witnesses to try to clear this whole thing up, and none of them were accepted, so while this bill would be a step forward, it could have been better. I keep on mentioning that because I would like to see us moving forward in the next couple of years, particularly when government bills come forward, to have the opportunity to bring forward amendments and have them considered in the light in which they are brought forward.

[Employment Insurance, March 4th, 2013]

Mr. Speaker, let us be fair. I am sure the Conservatives would send inspectors to the doorsteps of senators, if they could find out where they live.

Under the Conservative watch, we have seen 27,000 jobs lost in Ontario's forestry sector, mill after mill shut down in northern Ontario, but instead of asking how can we help, Conservatives send out Service Canada employees with a clipboard and a quota.

It's a very simple question. Why have Conservatives abandoned our industries, abandoned our workers and abandoned our region?

[Pensions, March 4th, 2013]

Mr. Speaker, the adoption of the United Nations resolution dealing with elder abuse was meant to push the government to stop violence against seniors and the theft of seniors' finances.

The Seniors Retirees Against Pension and Elder Abuse, a grassroots organization in Fort Frances, is concerned that the government, through its inaction, condones the theft of seniors' hard-earned pensions, a form of elder abuse. According to its chairman, Allan T. Bedard, Canada has not addressed the elder abuse that is created as a result of the Companies’ Creditors Arrangement Act. Pension money belongs to all those senior retirees who worked hard all their lives, ensuring their hard-earned pensions were there to help them through their retirement years. Pensions are earned and are clearly deferred wages

Mr. Bedard and hundreds of thousands of other seniors across Canada have earned their pensions. I agree with them.

I ask my colleagues to work together to bring forward legislation now that will correct this abuse against our seniors. Together, let us make the necessary changes to the Companies’ Creditors Arrangement Act and other relevant legislation to correct this severe injustice.

[Northern Jobs and Growth Act, March 4th, 2013]

Mr. Speaker, I am pleased to speak now and I look forward to continuing the remainder of my part of the debate on Bill C-47 after question period.

Bill C-47 was about 15 years in the making. That does not necessarily mean those 15 years made it a perfect bill, and it is not a perfect bill.

On the other hand, Canadians expect us to put forward the absolute best legislation that we can. I like to think that we try to do that in the House. As I will speak to in a few moments, unfortunately what has transpired with respect to the progress of this bill through committee is a little disappointing.

I would first say that we put forth 50 amendments to the bill. By and large, almost all of those amendments were based on witnesses' testimony; in other words, witnesses came forward during committee stage to say what they would like to see in the bill. Unfortunately, all of the amendments were turned down by the majority government people on the committee.

They try to leave the impression that they consulted widely on this bill and on all bills. However, if we look at the record, we see that not just in this committee but in all committees they must surely be under instructions to not accept any amendments from either the Liberals or the NDP, because they simply do not get looked at in the proper light.

I think that is what has happened with this bill. While the bill does have some attributes that I will talk about in a moment, I believe it could have been made better by accepting our 50 amendments and the three amendments the Liberals put forward. That would have made the bill much better.

Amendments are always put forward in good faith. Unfortunately, in this case it was not helpful. The government turned down each and every one of them.

One of the amendments was to separate the bills. However, they have both been bundled together. One is a good-looking bill, which I will talk about in a moment; the other has some flaws that could have been fixed.

The NDP believes in consultation. We believe in building consensus in decision-making. I lived and worked in the Northwest Territories for five years in the 1980s. When I moved to the Northwest Territories to work in the field of education, one of the first realizations I came to was that the Government of the Northwest Territories worked on consensus. There were no overt political parties, and people worked together, building a consensus. I would like to think that we do that in this place as much as we can.

Mr. Speaker, I neglected to mention that I will be sharing my time with the member for Montcalm.

Even though the government says that it consulted widely and continuously on the bill, I still believe that more consultation would have been useful.

We in the NDP stand up for the rights of northerners and all Canadians, and we continue to do that. I wish the government would join us in looking at Canada the way we do.

I will talk about the first part of the bill, which deals with the Nunavut planning and project assessment act. It is fairly straightforward.

I have a couple of good things to say about that part of the bill. There are a couple of very important measures in there that are certainly worth mentioning. One is that the roles, powers, functions and authorities of all the parties, including how their members are appointed, are very clearly defined.

The proposed process for impact assessment is streamlined and efficient, and hopefully this will make investments in Nunavut more attractive and profitable for people wishing to do business in Nunavut.

The act would establish timelines for various decision-making points. That is exactly the way it should be. Consultation with joint panels is also the way it should be.

The enforcement provisions in the act would establish new and more effective tools for ensuring that developers follow the terms and conditions, and there are specific monitoring plans that go along with that. These regulatory improvements are important steps in that part of the act.

After question period, Mr. Speaker, with your permission I will continue my part of the debate.