Kirsty Duncan

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, child safety has to be paramount. Children cannot buy their own products, so we have to provide safe consumer products for them. As an example, Canada was the first country to remove BPA.

Recently we had problems with 1,600 products from China. Child safety was certainly a key point of discussion in committee. There was strong support from children's safety organizations. It is important we continue to push to do better. Chemicals need to be banned from children's products.

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, it is very encouraging that we have an advisory panel for the bill. We recently passed Bill C-11, which is around biosafety and biosecurity. At that time, we also called for a scientific advisory group, experts in the field who would have the best judgment to suggest which viruses and bacteria belonged in what schedules. Having the advisory panel go forward on this bill will allow the experts to continue this good work.

On her second point, yes, Canadians are very interested in labelling. Recent studies suggested 90% to 95% would like to see labelling and right to know.

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, I believe the hon. member brought up two issues. One was labelling and the other was enforcement.

Labelling was a key discussion throughout the committee hearings. We have to decide which chemicals are important. There was tremendous discussion around carcinogens, neurotoxins and other chemicals. What lists would we use? Would we use IARC? There was difficulty coming to agreement on this. What is important is we have started those conversations and I think those conversations will continue.

On the hon. member's second point, enforcement is key in any bill. Part of this enforcement is requiring that business self-identify. The government has increased the penalties to up to $5 million.

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, I absolutely agree that the precautionary principle has to be front and centre in the legislation, and it does occur in the preamble.

The example I used was that there were 7,000 articles on tobacco by 1964. Some people did show precaution and they stopped smoking. Therefore, the precautionary principle does have to be front and centre.

Regarding the banning of chemicals, it was something at which the committee looked very carefully. There were a lot of questions regarding carcinogens, neurotoxins and hormone interruption. I come back to what I talked about in my speech, that we were the first country to ban BPA.

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, I would like to thank my hon. colleague and friend who has worked very hard in committee, asking very probing questions.

Inspection is very important. It is a tremendous part of enforcement. Part of what the bill would do is ask that industry self-identify so if there were a problem, industry would come forward. That will be part of the enforcement.

[Canada Consumer Product Safety Act, June 10th, 2009]

Mr. Speaker, today I rise in the House to support Bill C-6, An Act respecting the safety of consumer products, on which our committee worked collegially for extended hours, having heard testimony from consumer products organizations, to environmental defence organizations, to toy manufacturers and struggled through challenging issues for both consumer health and well-being and for industry.

Reducing risk to human health has been a preoccupation of people, physicians and politicians for the last 5,000 years. Virtually every major advance in public health has involved the reduction or the elimination of risk, with the result being that the world is a safer place today. It is safer from accidents and deadly or incurable diseases and safer from hazardous consumer goods.

Therefore, it is the government's duty to do all it reasonably can to accurately assess and reduce risks, such as making sure that food, medicines and other products are safe. Although government can rarely hope to reduce risks to zero, it can aim to lower them to a more acceptable level and should openly and transparently communicate risk and risk-reduction strategies to the public.

The Canadian government introduced Bill C-6 in January 2009 to ensure through regulation that risk is reduced and that Canadians have access to safer consumer products. It is important for members to understand that natural health products will not be regulated under Bill C-6, but rather, under their own regulatory framework, the natural health products regulations under the Food and Drugs Act.

Bill C-6 focuses on three key areas: working to address problems before they happen, through building and improving safety throughout the supply chain; targeting the highest risks through conducting tests upon a minister's orders; and rapid response to protect the public when a problem occurs. The bill is needed as the laws overseeing consumer safety have not been thoroughly reviewed in over 40 years, and chemicals, technology and trade have all changed significantly.

For example, we live in an increasingly chemical society. Toxic chemicals are found in everyday consumer products, including art supplies, kitchenware, personal products, pet food, toys, water bottles and many products intended for babies. It is important for members to understand that over 100,000 chemicals were on the market before the 1980s and an additional 3,000 have been developed since that time. While some hazardous chemicals such as DDT and PCBs are banned, others are still widely used despite the fact that they cause cancer, mutation, or interfere with the body's reproductive function, take a long time to break down, accumulate in the body and are toxic, and have serious and irreversible effects on humans and the environment.

When researchers test the air in our homes, the average reading for volatile organic compounds increases in areas where cleaners are stored. CBC's Marketplace showed Pledge registered over 270 parts per billion; and Clorox wipes, over 1,000 parts per billion. Anything over 500 could be a problem for people with sensitivities. Lysol disinfectant spray, however, recorded 1,200 parts per million, a thousand times higher than Clorox.

Bill C-6 is important because it would fill many regulatory gaps and give government the power to issue recalls and raise fines. Companies and their directors, officers and employees may be held criminally liable for contravention and penalized up to $5 million. Specifically the bill would prohibit the manufacture, importation, advertising and sale of a consumer product that is a danger to human health or safety, is the subject of a recall, or does not meet the regulatory requirements that apply to the product.

The bill would require that all persons who manufacture, import or sell a consumer product for commercial purposes maintain documents identifying from whom they obtained the product and to whom they sold it and provide regulators with all related information once becoming aware of an incident. These mechanisms will help ensure that products can easily be removed from store shelves when a recall is made.

Bill C-6 would also give regulators the power to order manufacturers and importers to conduct tests on a product, provide documents related to those studies, and compile any information required to confirm compliance. The bill would also give inspectors new wide-ranging powers, including the power to order a recall if they believe, on reasonable grounds, that a consumer product is a danger to human health or safety. These powers may be invoked even when there is a lack of full scientific certainty.

This is a real strength of the bill, as scientific standards for demonstrating cause and effect are extremely rigorous and often time-consuming and substantial damage to humans may result during long testing. For example, many experts strongly suspected that smoking caused lung cancer long before overwhelming proof became available. Unfortunately, hundreds of thousands of smokers died waiting for a definitive answer. Thousands of others, however, quit smoking because they suspected, as there were 7,000 articles by 1964, that tobacco probably caused lung cancer.

When a product raises threats of harm to human health, precautionary measures should be taken, even if some cause-and-effect relationships are not fully established scientifically.

The committee struggled through key questions such as should the bill phase out or ban known carcinogens and other toxic chemicals in consumer products? Science is continually evolving and experts might not always know how dangerous chemicals really are, particularly for children, who are not little adults.

In fact, children have special vulnerabilities to the toxic effects of chemicals, because they are constantly growing. They breathe more air, consume more food, and drink more water than adults in proportion to their weight. They virtually live on the floor. Everything goes into their mouths, and their basic body systems are still developing. Exposure to chemicals at critical stages in their physical and cognitive development may have severe long-term consequences for health.

Priority concerns for children include exposure to air pollutants, arsenic, lead, mercury, pesticides and persistent organic pollutants. Dr. Gideon Koren, a pediatrician at the Hospital for Sick Children, asks:

How can we, as one of the most advanced countries in the world, allow these to enter our household for small children, without the appropriate testing to see that it's safe?

In October 2008, Canada became the first country in the world to ban the import and sale of polycarbonate baby bottles containing bisphenol A, or BPA, a chemical used in the lining of canned beverages and food. The chemical mimics estrogen in the body, and researchers have found links between BPA and numerous health problems, including cancer, diabetes, heart disease and metabolic disorders. A recent study by the Centers for Disease Control and Prevention found BPA in the urine of over 90% of Americans tested.

Committee members also explored whether the bill should include a mandatory testing and labelling scheme, whether the government will dedicate the necessary resources to enforce the bill, and whether the bill goes far enough to protect the health of Canadians from toxic imports.

The United Steelworkers remind us that recalls and fines happen after the fact. Canada needs a strategy that repairs trade deals that have led to toxic imports crossing our border in the first place, such as in 2007, when millions of Chinese-made toys were recalled by both the EU and the U.S. The European Commission subsequently identified over 1,600 products that were considered risky.

Other important questions addressed by the committee included what is a safe chemical and a safe threshold, and can cumulative and synergistic effects of exposure be addressed?

A May 2009 study suggests that chemicals, including BPA, pesticides and phthalates, found in many cleaning, cosmetic and food products pose a real and cumulative threat to male fertility, namely feminization of boys in the womb. Prior to this study, demasculinization effects due to chemical pollutants in the environment were reported in many species of wildlife.

While exposure to a single chemical may cause no harm, the cumulative effect could be at least partly to blame for sperm counts falling, by blocking the action of testosterone in the womb.

Richard Sharpe, the researcher, reported:

Because it is the summation of effect of hormone-disrupting chemicals that is critical, and the number of such chemicals that humans are exposed to is considerable, this provides the strongest possible incentive to minimise human exposure to all relevant hormone disruptors, especially women planning pregnancy, as it is obvious that the higher the exposure the greater the risk.

The committee also considered the possibility of a phase-out schedule, what chemicals should be considered, how might a carcinogen be identified, and according to what lists of hazardous chemicals. Will the Globally Harmonized System of the Classification and Labelling of Chemicals, or GHS, be available in the future? Would a labelling system make sense, and if so, what products should be labelled and how should they be labelled?

The discussions were fulsome and wide-ranging. Other important questions were, what guidance, if any, does the California Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, provide? This law requires companies to warn the public of potentially dangerous toxins in food. California has filed lawsuits seeking a range of warnings, including the mercury content of canned tuna and the presence of lead in Mexican candy.

A particular concern to industry is acrylamide, a chemical linked to cancer that forms in starchy foods cooked at high temperatures, such as french fries and potato chips.

The committee also explored what other approaches have been taken to eliminate toxic chemicals in the production process and whether substitution of safer alternatives is required. What do other jurisdictions, such as the European Union, Massachusetts, and now Ontario, have to offer?

A key commitment under the Ontario Toxics Reduction Act is to reduce Ontarians' exposures to toxic substances by requiring businesses that employ 10 or more people and involve 10,000 kilograms or more of specific substances to report and track harmful chemicals and develop pollution prevention plans. The implementation of these plans, like a successful law in Massachusetts, is voluntary.

Bill C-6 is an important step to protecting Canadians and was largely and widely supported by witnesses.

I would, however, like to stress that we cannot continue to repeat the key mistake of the past, namely responding late to early warnings as we did with benzene and PCBs.

Ever since anemia was diagnosed among young women engaged in the manufacture of bicycle tires in the 19th century, benzene was known to be a powerful bone marrow poison. Recommendations made in the U.K. and the U.S. in the 1920s for substitution of benzene with less toxic solvents went unheeded. Benzene-related diseases of the bone marrow continued to increase dramatically through the first half of the 20th century. Benzene was not withdrawn from consumer products in the U.S. until 1978, and this was done by manufacturers on a voluntary basis.

A chief medical inspector of factories wrote in 1934, “Looking back in the light of present knowledge, it is impossible not to feel that opportunities for discovery and prevention of disease were badly missed.”

Bill C-6 would significantly improve the product safety regime in Canada, which would translate into improved health and safety for Canadians. Product safety is in everyone's best interest and everyone has a role to play, Canadians, government and industry.

A relevant lesson from history is that animal slaughterhouse wastes were recycled into animal feed since the beginning of the 20th century. In the mid-1970s the U.S. department of agriculture decided that carcasses of sheep afflicted with the disease scrapie should not be used in animal or human foods. Tragically, the U.K. government decided that its industry should be left to decide how its equipment should be operated. It was not until 1996 that processing standards were introduced.

In the United States government oversight and relatively inexpensive restrictions may have prevented the mad cow epidemic. In the United Kingdom industry self-policing provided ideal conditions for the development of the progressive fatal disease that affects the brain.

How many chemicals are therefore currently on the Canadian Environmental Protection Act's environmental registry? How many of these have been comprehensively tested for any risks to ecosystems and people? What is the projected timeline for testing untested chemicals?

Members should think about what chemicals they are exposed to each and every day, from washing their hands to brushing their teeth to shampooing their hair to eating their breakfast cereal. What timeline for testing for toxicity, longevity in the environment and bio-accumulation in our bodies is acceptable?

Going forward, the question that begs to be asked is this. What world do we want 25 years from now, in 2034? It is my fervent hope that Bill C-6 is the beginning of a dialogue with Canadians with regard to what chemicals we are exposed.

[Truth in Sentencing Act, June 8th, 2009]

Mr. Speaker, early childhood education is very important. For every dollar invested, there is a three dollar to four dollar return, particularly in vulnerable areas. When it comes to crime, the return on investment can be eight times the dollar invested, an eight dollar return for every dollar invested.

[Truth in Sentencing Act, June 8th, 2009]

Mr. Speaker, the hon. member is right to point out that punishment is one part of the piece. We need a broad array of programs that will target crime. It is important to point out that some proponents hope that the enactment of Bill C-25 will unclog the courts as lawyers will be less likely to deliberately delay proceedings so their clients can be given two for one credit and think there may be shorter terms of imprisonment automatically.

Again, I would like to talk about the prevention side. This means keeping our youth and children in schools and making sure they are able to get jobs afterward.

[Truth in Sentencing Act, June 8th, 2009]

Mr. Speaker, violence is of tremendous concern in my riding. Almost 21% of constituents in my riding are single moms and 75% called somewhere else home five years ago. Many of these constituents are working two and three jobs just to put food on the table for their families. This community needs real investment and investment has not been there for decades. In many ways this is a forgotten community.

Principal Mike Rossetti has a field of dreams project, a $4 million facility that would include a track. There are students who are winning track award after track award. Unfortunately, they did not have shoes. They had been running in slippers, but people have now donated shoes. These kids deserve a chance.

An application for funding has been made under the RInC program and we are very hopeful the funding will be provided. The land has been donated by the school board and the construction is being donated. Now we need federal and provincial funding.

[Truth in Sentencing Act, June 8th, 2009]

Mr. Speaker, today I rise to speak about an issue that is of tremendous concern to my Etobicoke North riding, namely crime and reducing crime.

My riding is next door to Pearson International Airport and it is where many newcomers come to settle and work long hours for minimum wage, even if they were physicians or professionals back home. It is also home to a high number of single mothers, many holding down multiple jobs just to put food on the table for their children.

Consequently, over 19% of households in Etobicoke North's ward 1 and 16% in ward 2 have income under $20,000. Sadly, Etobicoke North has one of the highest crime rates in the greater Toronto area, including attempted murders, homicide, sexual assaults and other assaults. Our community also has neighbourhoods under siege, where gangs and guns are a cold hard fact of life. It has therefore been identified as 1 of 13 at-risk neighbourhoods by the city of Toronto and United Way.

In 2006 Pastor Andrew King of the Seventh-day Adventists Church described a funeral service of yet another shooting victim this way:

I'm looking at young people mourning the tragic death of this young man, surrounding a casket. And then, amidst the outpouring of tears and sorrow, the unthinkable happened. I hear pop-pop-pop. And it was outside the building. Someone then came in and said, someone's been shot.

More recently in 2008, shots tore through the window of a Rexdale coffee shop, sending four men to hospital.

My constituents, like those of other communities want the violence to stop. Therefore, I will be supporting Bill C-25, better known as the truth in sentencing act.

A judge may allow credit for time spent in pre-sentencing custody in order to reduce the later sentence, largely because holding centres are overcrowded and prisoners wait too long for trials.

Clayton Ruby, one of Canada's leading defence lawyers, described detention centres as a humiliation and explained that credit was developed by courts to ease the hardship of those awaiting trial.

Canadians largely support the credit system. A national justice survey in 2007 showed that more than 75% of respondents thought that credit should be allowed in cases of non-violent offences; however, almost 60% believed that credit should not be allowed for persons convicted of serious violent offences.

Currently, for every one day served in pre-sentencing custody, a two day credit is generally given toward regular detention. Some argue that the two to one day ratio is too generous because, instinctively, it does not make common sense when convicted criminals walk out of court largely free on the day of their sentencing or have their lengthy sentences significantly reduced. For example, kidnappers recently had their sentences reduced by six years due to a two for one credit. And the formula may be applied without verifying that conditions are really harsher in pre-sentencing custody than in regular detention.

Bill C-25 would amend the Criminal Code to limit credit for time served. Under the new legislation, a judge may allow a maximum credit of one day for each day spent in pre-sentencing custody; however, if the circumstances justify it, a judge may extend the credit to 1.5 days.

The bill is the result of an agreement reached at the federal-provincial-territorial meetings of ministers of justice held in 2006 and 2007 at which the ministers decided to limit the credit for pre-sentencing custody and had proposed rules similar to the ones set out in the bill. There is strong support for this bill.

For example, Chris Bentley, the Attorney General of Ontario, welcomes the move to end the practice of giving convicted criminals double time credit, and said that it would speed up the criminal justice system. The Canadian Association of Chiefs of Police, which has been urging the government to eliminate the two for one pretrial credit since 2000 and to bring greater accountability and consistency to the sentencing process, also welcomes the introduction of the legislation and urges all parliamentarians to pass the bill quickly.

Despite the positive feedback, the Criminal Lawyers Association calls the proposal “a step backward” that would “promote harsher sentences, produce fewer guilty pleas and give Parliament's approval to inhumane detention facilities”.

Our American neighbours have undertaken a 25 year experiment with mandatory minimum sentences for the so-called war on drugs. We need to carefully look at the evidence of what has and has not worked in the United States as well as other jurisdictions. We must ask ourselves whether we want to turn Canadian correctional institutions and penitentiaries into U.S.-style inmate warehouses.

We all know there are no quick simple fixes to reducing crime, nor are there one-size-fits-all solutions. What other solutions must we employ?

We need a comprehensive plan to attack all forms of public violence with both short-term and long-term initiatives that address immediate concerns, such as the recent increase in gun violence.

We must build on the strengths in our neighbourhoods. We must engage agencies, parents and youth in determining the future of their communities.

A visionary principal, Michael Rossetti, from Father Henry Carr Catholic Secondary School, wants to build a field of dreams for Etobicoke North, a first-class track and field centre and basketball courts for the school as well as for the whole community. Etobicoke North needs that investment as there is no athletic centre in the district.

Investment in Etobicoke North would mean more students would stay in school, less youth would be looking for belonging in gangs, and more young men and women would be eager to improve their lives, if only they were given a chance.

The field of dreams project is receiving strong support from Pat Flatley, a former alumnus of the school and New York Islander captain, who has already met with Toronto's mayor, as well as Michael "Pinball" Clemons. The principal also received letters of support from Bill Blair, chief of the Toronto Police Service, and Ron Taverner of 23 Division.

We are very fortunate in Etobicoke North to have Superintendent Ron Taverner, who believes in community development and policing. He regularly holds community handshakes, faith-based walks, and supports Breaking the Cycle, an organization aimed at getting youth out of gangs.

We must also significantly increase economic opportunities for young people. At a recent public meeting in Toronto, a youth was quoted as saying that it is easier to get a gun than a job.

We must ensure humane pretrial custody. Defence lawyer Heather Pringle described a potential situation as being locked down for 18 hours at a time, no access to rehabilitative programs coupled with nights spent sharing a cramped cell with two other guys, a shared toilet and some vermin.

We must ensure timely trials. To do this we need more courts, more facilities, and more judges.

Finally, Bill C-25 targets punishment. When might we see legislation targeted at prevention?