Marjolaine Boutin-Sweet

[Public Services and Procurement, December 12th, 2017]

Mr. Speaker, Ms. Boisvert retired from the CRA in April 2016. On June 15 of that year, she got a paycheque by mistake, and now she is being told to pay back the gross amount even though deductions were taken. She has taken steps to resolve the matter, but the full gross amount is being withheld from her severance pay. My office has been trying to reach someone since February to clean up this Phoenix mess, which comes on top of so many others, but nobody even acknowledges our communications.

When will the minister help Ms. Boisvert and admit that her pay system is broken beyond repair?

[Criminal Code, December 8th, 2017]

Mr. Speaker, thank you for giving me the opportunity today to speak to Bill C-375 sponsored by my colleague from Richmond Hill to amend the Criminal Code.

This bill has just one clause, and its objective is to provide more information on the profile of the accused in the pre-sentencing report used by the judge when determining the most appropriate sentence under the circumstances, or whether the accused should be absolved from serving a sentence.

At first reading, when the member for Richmond Hill introduced his bill, he stated the following:

The bill would mandate that, unless otherwise specified, when a pre-sentencing report is required by a court, in addition to such information as age, maturity, character, behaviour, attitude, and willingness to make amends, information outlining any mental health disorders as well as any mental health care programs available for the accused be provided as part of their pre-sentencing report. Such information is vital for the courts to have in order to ensure that those Canadians with histories of mental illness are afforded care and compassion, and that they will receive appropriate treatment throughout the process of their rehabilitation.

Bill C-375 states:

Subsection 721(3) of the Criminal Code is amended by adding the following after paragraph (a): (a.1) any mental disorder from which the offender suffers as well as any mental health care programs available to them;

Pre-sentence reports are given to members with a vested interest in the case: the presiding judge, both counsel for the defence and prosecution, the parole officer, the individual and in some cases the institution where the sentence will be served.

This report serves to help the judge determine the most appropriate sentence for the accused and to inform them of the available services that might be necessary in their rehabilitation.

The NDP is committed to building a criminal justice system that works. We want to ensure that compassion and rehabilitation are at the heart of our policies. Providing information about an individual’s mental health in a pre-sentencing report allows the judge to make a more informed and appropriate sentencing decision and falls directly in line with a justice system based on rehabilitation, as does including information about available mental health programs and services.

To be clear, the objective of this measure is not to disclose the mental health condition of the individual or to perpetuate the stigma or false perception that people with mental health disorders are dangerous.

The objective of the bill is to add information to pre-sentence reports with a view to helping individuals receive appropriate sentences and, with the proposed changes, receive the services they need.

People with mental illnesses are overrepresented in Canada's criminal justice system. Documenting the number of people with mental illnesses who are convicted of certain crimes will help us make the case for alternative programs and solutions. This information can also be used to develop resources and initiatives that prevent people with mental illness from entering the criminal justice system in the first place.

Although provisions providing for pre-sentence reports are set out in the Criminal Code, which is a federal legislation, the administration of the courts and law enforcement are the jurisdiction of the provinces and territories.

At present, the provinces and territories include different information in their pre-sentence reports.

Some provinces, like Nova Scotia, already advise that mental health considerations be disclosed, but this is not the case for all jurisdictions. This bill would create a national standard for all jurisdictions to consider mental health during sentencing.

Bill C-375 would also require the report to include information about any mental health care programs that might help with the individual's rehabilitation.

The following is an excerpt from a 2015 John Howard Society of Ontario report:

Since the closure of institutions serving individuals with mental illness and developmental disabilities, the criminal justice system has become a repository for individuals who lack adequate resources to cope with living in the community.

The correctional investigator's 2012 annual report found that 36% of federal offenders were identified at admission as requiring psychiatric or psychological follow-up.

What is more, 45% of male inmates and 69% of female inmates were treated for mental health issues while in prison.

Young adults aged 18 to 34 are overrepresented in correctional facilities since, according to Statistics Canada data from 2015-16, they represent only 28% of the Canadian adult population.

An Ontario study also showed that 80% of young inmates had a mental health issue.

In 2015-16, indigenous adults were also overrepresented in provincial and territorial corrections facilities since they accounted for 26% of admissions but represent only 3% of the Canadian adult population.

The overrepresentation of indigenous adults was more pronounced for women than men. Indigenous women represented 38% of women serving a sentence in a provincial or territorial institution, whereas for indigenous men, that figure was 26%.

In the federal correctional system, indigenous women accounted for 31% of women serving prison sentences, whereas for indigenous men, that figure was 23%.

The fact that people with mental health problems are being sent to prison and not being given the appropriate care is a real problem. Last April, the Toronto Star published the following quote from Justice David Paciocco of the Ontario Court of Appeal. He said:

From arrest to prosecution, conviction, sentencing, use of segregation, all stages of our criminal justice system are now consistently overrepresented by people who are suffering from psychosis, mania, mood disorders, depression, alcoholism and addiction, anxiety disorders, and personality disorders.

The judge continued:

Those suffering from mental health issues who are swallowed up by the criminal justice system do not fare well. The use of segregation or other standard isolation practices are the clearest examples of a system whose practices rooted in punishment and control can exacerbate the challenges facing people with mental health issues. Individuals leaving the system leave with unmanaged or worsened mental health issues, which can contribute to recidivism.

That is exactly what we want to avoid.

The New Democrat Party is committed to working with community workers, mental health professionals, front-line workers like the RCMP, and the provincial and territorial justice systems to demand better support services for people with mental illness. We also want to make sure communities have the resources and services they need to help people with mental illness before and during incarceration.

We need to continue focusing on compassionate care to help people with mental illness rejoin society after incarceration and avoid over-criminalization wherever possible.

If we can improve our ability to assess the needs of those being sentenced, our justice system will be able to direct them to the appropriate rehabilitation resources and so reduce the risk of recidivism—even eliminate recidivism entirely, in an ideal world. That is one of the reasons the New Democrat Party is calling for more detailed pre-sentence reports and will be supporting this bill.

Mental illness can have a tremendous impact on a person's life. Disclosure of mental illness definitely needs to factor into the determination of an appropriate sentence and rehabilitation plan.

Instead of spouting tough-on-crime rhetoric, the New Democratic Party has long been looking for ways to make our justice system work. Our goal is to help people convicted of crimes who have mental health problems get the resources and support they need to be rehabilitated and become fully functioning members of society.

We believe it is important to provide more support services and resources to people with mental illness who are involved in the criminal justice system.

[Expungement of Historically Unjust Convictions Act, December 8th, 2017]

Mr. Speaker, I completely agree with my colleague. The apology and Bill C-66 are a step in the right direction. I also agree with her that there is still lot of work to be done.

At the end of her speech, she made some suggestions to help the government ensure that the rights of LGBTQ2 people are not violated in the future. I would like to know whether she has any ideas about what the government could do to move in that direction.

[Federal-Provincial Relations, December 8th, 2017]

Mr. Speaker, yesterday we learned that after the Liberals forced their visions for housing and health care on the provinces, they are now planning to change the equalization calculations, without even consulting the provinces. Is that what they call a partnership?

The finance ministers are meeting this weekend.

Will the government finally start to treat the provinces and municipalities as partners instead of subordinates?

[Public Safety, December 8th, 2017]

Mr. Speaker, the Liberals promised to fix the problems in the Conservatives' anti-terrorism bill, which was an unprecedented attack on Canadians' civil rights.

The Privacy Commissioner sounded the alarm on the Liberals' Bill C-59 yesterday in committee. The thresholds for sharing information about Canadians among departments are still too low and must be more limited.

Will the government finally agree to amend its bill to protect Canadians' civil rights?

[United Nations Declaration on the Rights of Indigenous Peoples Act, December 5th, 2017]

Mr. Speaker, I am very honoured to rise today to support Bill C-262, which was introduced by my colleague and friend from Abitibi—Baie-James—Nunavik—Eeyou.

The purpose of this bill is to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

As we celebrate the 150th anniversary of the place we now call Canada, we must take this opportunity to pursue genuine reconciliation with indigenous peoples. A good look at the living conditions of many of Canada's first nations might dampen our celebratory mood.

This year also marks the 10th anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. Drafted over a period of more than 20 years in collaboration with indigenous nations around the world, this living human rights instrument seeks to enhance harmonious relations between states and indigenous peoples.

Unfortunately, Canadian governments of the past 150 years have opposed the adoption of this declaration and its fundamental principles or have failed to take the necessary measures to implement it, a pattern that continues today.

I was very pleased to learn recently that there is some openness among certain members of this government, and I hope that we have enough support to finally implement this important declaration within our own legislative framework.

It is unacceptable and particularly shameful that a disconnect still persists between the official recognition of the rights of indigenous peoples and the implementation of policies that allow those rights to be fully implemented on the ground. It is high time that we did something, that we stopped talking and started acting, so that the first peoples of this country do not have to wait another second for their fundamental rights to be protected, respected, and recognized.

I sincerely thank my colleague and dear friend from Abitibi—Baie-James—Nunavik—Eeyou for playing such an important role in actively contributing to the drafting of this declaration. Above all, I congratulate him on having the courage and daring to introduce Bill C-262, giving us this historic opportunity to debate the fundamental rights of indigenous people here in the House of Commons.

The fight for indigenous rights is very near and dear to me. However, it is very frustrating that so much work remains to be done to ensure the survival, dignity, and well-being of indigenous peoples in Canada.

In 2012, as the official opposition housing critic, I went on an extensive Canada-wide tour to determine the extent of the housing crisis in our country. As long as I live, I will never forget the time I spent in the ridings of my colleagues from Abitibi—Baie-James—Nunavik—Eeyou and Desnethé—Missinippi—Churchill River.

Thanks to them, I had the opportunity to meet with northern Inuit and Cree communities from Nunavik and members of the first nations of northern Saskatchewan. That is when theory became reality, and I grasped the scope of the indigenous housing problem in Canada.

I have a hard time understanding how the government can remain so idle on this file when we know that it is not uncommon, in indigenous communities, to see 15 family members living under one roof, with walls covered in mould, often with no access to potable water. They are living in conditions that we would never accept if those conditions were as widespread in the non-indigenous population.

What is more, the housing units they live in are not adapted to their traditional way of life or to the climate. This painful reality affects them deeply, but no targeted strategy was included in the national housing strategy that was announced less than two weeks ago.

Housing is not the only area in which they experience discrimination. As we speak, indigenous men, women and children are still subject to archaic, colonial, racist, discriminatory, and sexist laws. Indigenous peoples continue to be excluded and marginalized and to suffer serious violations of their fundamental rights.

Intergenerational trauma, the wave of suicides, and the deterioration of mental and physical health should receive the attention they deserve. I could go on and on, as there are many problems.

What is certain is that past and current colonialist measures and policies of governments and churches have resulted in the dispossession of their lands and resources, the shameful residential school system, and the cultural genocide brought on by the denial and destruction of indigenous languages and cultures.

It is now 2017, and our country claims to be in an era of reconciliation. If the time for reconciliation has truly arrived, if we are truly sincere, these actions must stop immediately.

It is imperative that we stop talking and start acting, because the fundamental rights of indigenous peoples are no longer negotiable. They are universal and should be treated accordingly.

Members will surely recall that last year, in call to action no. 43, the Truth and Reconciliation Commission of Canada called on the federal government “to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.”

In call to action no. 44, the commission called on the government to “develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples.”

Today, Bill C-262 gives us an opportunity to reject our colonial past and to reverse the historical patterns and decisions that were imposed and that threatened the survival of many indigenous peoples. It gives us the opportunity to adopt a new approach based on justice, equality, respect for human rights, and good faith, an approach that should have been taken and recognized a long time ago.

The United Nations Declaration on the Rights of Indigenous Peoples sets out a series of human rights and fundamental freedoms that indigenous peoples have the right to enjoy. Article 9 of the declaration specifically states that:

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

The days of forced assimilation and cultural genocide are over. Whether we are talking about education, health, or environmental protection, preserving their identity and their customs and traditions has to be the top priority.

The declaration also allows for the right to self-determination, the right to maintain and develop their own political, religious, cultural, and educational institutions, and the protection of their cultural and intellectual property.

Article 33 of the declaration states that:

Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

[They also] have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

Another key aspect of the declaration is control over their own lands, territories, and natural resources. The history of the indigenous peoples teaches us that they have lived on these lands since time immemorial.

Despite treaties and commitments to live in harmony on this land, the settlers did not keep their promises. There needs to be a return of lands, territory, and resources, as well as fair and equitable compensation.

On that note, article 19 of the declaration states, and I quote:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

This article of the declaration would allow us to change the way we do things and our historically colonialist attitude and implement a process for true nation-to-nation negotiation, on equal terms.

The declaration also provides for fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and states, including procedures such as negotiations, mediation, arbitration, the creation of national and international courts, and regional mechanisms for denouncing and examining human rights violations.

The United Nations Declaration on the Rights of Indigenous Peoples is the culmination of more than 25 years of collaboration, and the bill from the member for Abitibi—Baie-James—Nunavik—Eeyou will enable this country to build a truly meaningful nation-to-nation relationship at last.

This legislative framework will allow us to leave a lasting legacy by gradually correcting the mistakes of the past, serving as a catalyst that will ultimately lead to the repeal of the shameful Indian Act, and effectively banning the discriminatory doctrines of discovery and terra nullius.

Lastly, this legislative framework will affirm the significant value of the national reconciliation process. Without justice, there can be no reconciliation in Canada.

It is high time we adopted and implemented the United Nations Declaration on the Rights of Indigenous Peoples, so that the fundamental rights of first nations, Métis, and Inuit peoples can finally be restored and recognized.

In closing, I would like to note that we are on unceded Anishinabe territory.

[Access to Information Act, December 5th, 2017]

Madam Speaker, there have been discussions among the parties and I believe you would find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House, at the conclusion of today's debate on the motion for third reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, every question necessary to dispose of the said motion shall be deemed put, and a recorded division deemed requested and deferred until the expiry of the time provided for Oral Questions on Wednesday, December 6, 2017.

[Questions Passed as Orders for Returns, December 1st, 2017]

With regard to social infrastructure funding and other investments to address housing and homelessness: (a) how much has been allocated per fiscal year from 2011-12 to 2027-28, overall and broken down by province or territory for (i) the Investment in Affordable Housing initiative, (ii) the doubling of the Investment in Affordable Housing initiative, (iii) affordable housing for seniors, (iv) shelters for victims of family violence, (v) renovations and retrofits of social housing, (vi) rental subsidies for housing administered by Canada Mortgage and Housing Corporation (CMHC), (vii) northern and Inuit housing in Yukon, the Northwest Territories and Nunavut, (viii) Inuit housing in Nunavik, Inuvialuit and Nunatsiavut, (ix) housing in First Nations communities, (x) on-reserve shelters for victims of family violence, (xi) the Affordable Rental Housing Innovation Fund, (xii) affordable rental housing funding, (xiii) assistance for homeowners affected by pyrrhotite, (xiv) the Homelessness Partnering Strategy, (xv) the renewed Federal-Provincial-Territorial Partnership in Housing, (xvi) the new National Housing Fund, (xvii) targeted support for Northern housing, (xviii) targeted housing support for Indigenous Peoples not living on-reserve, (xix) making more federal lands available for affordable housing, (xx) strengthening housing research and establishing a housing statistics framework; (b) to date, what amounts have actually been spent or are the subject of a funding agreement for each fiscal year from 2011-12 to 2027-28, overall and broken down by province or territory for (i) the Investment in Affordable Housing initiative, (ii) the doubling of the Investment in Affordable Housing initiative, (iii) affordable housing for seniors, (iv) shelters for victims of family violence, (v) renovations and retrofits of social housing, (vi) rental subsidies for CMHC-administered housing, (vii) northern and Inuit housing in Yukon, the Northwest Territories and Nunavut, (viii) Inuit housing in Nunavik, Inuvialuit and Nunatsiavut, (ix) housing in First Nations communities, (x) on-reserve shelters for victims of family violence, (xi) the Affordable Rental Housing Innovation Fund, (xii) affordable rental housing funding, (xiii) assistance for homeowners affected by pyrrhotite, (xiv) the Homelessness Partnering Strategy, (xv) the renewed Federal-Provincial-Territorial Partnership in Housing, (xvi) the new National Housing Fund, (xvii) targeted support for Northern housing, (xviii) targeted housing support for Indigenous Peoples not living on-reserve, (xix) making more federal lands available for affordable housing, (xx) strengthening housing research and establishing a housing statistics framework; (c) on what dates does funding come into effect and terminate, broken down by province or territory, for (i) the Investment in Affordable Housing initiative, (ii) the doubling of the Investment in Affordable Housing initiative, (iii) affordable housing for seniors, (iv) shelters for victims of family violence, (v) renovations and retrofits of social housing, (vi) rental subsidies for CMHC-administered housing, (vii) northern and Inuit housing in Yukon, the Northwest Territories and Nunavut, (viii) Inuit housing in Nunavik, Inuvialuit and Nunatsiavut, (ix) housing in First Nations communities, (x) on-reserve shelters for victims of family violence, (xi) the Affordable Rental Housing Innovation Fund, (xii) affordable rental housing funding, (xiii) assistance for homeowners affected by pyrrhotite, (xiv) the Homelessness Partnering Strategy, (xv) the renewed Federal-Provincial-Territorial Partnership in Housing, (xvi) the new National Housing Fund, (xvii) targeted support for Northern housing, (xviii) targeted housing support for Indigenous Peoples not living on-reserve, (xix) making more federal lands available for affordable housing, (xx) strengthening housing research and establishing a housing statistics framework; (d) what is the funding mechanism for (i) the Investment in Affordable Housing initiative, (ii) the doubling of the Investment in Affordable Housing initiative, (iii) affordable housing for seniors, (iv) shelters for victims of family violence, (v) renovations and retrofits of social housing, (vi) rental subsidies for CMHC-administered housing, (vii) northern and Inuit housing in Yukon, the Northwest Territories and Nunavut, (viii) Inuit housing in Nunavik, Inuvialuit and Nunatsiavut, (ix) housing in First Nations communities, (x) on-reserve shelters for victims of family violence, (xi) the Affordable Rental Housing Innovation Fund, (xii) affordable rental housing funding, (xiii) assistance for homeowners affected by pyrrhotite, (xiv) the Homelessness Partnering Strategy, (xv) the renewed Federal-Provincial-Territorial Partnership in Housing, (xvi) the new National Housing Fund, (xvii) targeted support for Northern housing, (xviii) targeted housing support for Indigenous Peoples not living on-reserve, (xix) making more federal lands available for affordable housing, (xx) strengthening housing research and establishing a housing statistics framework; (e) how much funding has been invested in or allocated to existing social housing under long-term arrangements, per fiscal year from 2011-12 to 2029-30 (i) in Canada, (ii) by province, (iii) by social housing project; (f) since 1995, what amount of funding has expired following the expiry of long-term arrangements (i) by year, (ii) by province or territory; (g) how many long-term arrangements are scheduled to expire by 2030 (i) by year, (ii) by province or territory and what is the expired amount; and (h) by 2030, what amount of funding will expire following the expiry of long-term arrangements (i) by year, (ii) by province or territory?

[Indigenous Affairs, November 30th, 2017]

Mr. Speaker, the government has prepared a budget that is spread over 11 years, but there are immediate needs, especially for indigenous communities.

In 11 years, it will be 2028, almost when the department forecasts that 115,000 units will be needed, just on reserves alone. Furthermore, 81,000 units are needed right now for indigenous people to enjoy the same housing conditions as the general population, in terms of the number of occupants.

Money allocated to housing is more than just an expense; it is an investment. For this investment to be worthwhile, the government needs to immediately allocate the resources needed to renovate the housing units that are in need. The longer it waits, the more this will cost. The government needs to have a plan, a strategy, and it needs to take bold action now.

If this issue is such a priority for this government, when will it finally introduce a targeted strategy to address the housing needs of indigenous peoples?

[Indigenous Affairs, November 30th, 2017]

Mr. Speaker, according to the 2016 census, released a few weeks ago, Canada's indigenous population has grown 42.5% since 2006, or four times faster than the non-indigenous population, making it the fastest growing population in Canada.

We already knew that there was an immense need for housing among indigenous peoples, but the 2016 census confirms that the housing conditions for these populations are still unacceptable.

One in five indigenous persons, or nearly 325,000 people, lived in a housing unit in need of major repair in 2016. By way of comparison, that number is roughly four times greater than that for the non-indigenous population. Despite a very slight decline in the need for repairs, it is clear that a lot of work remains to be done.

In Inuit Nunangat, the traditional territory where 73% of Canada's Inuit live, one in three people live in a housing unit in need of major repair. The situation is especially unacceptable because the climate the Inuit live in requires special housing conditions.

With regard to first nations, 44% of existing housing units on reserve require major repairs, which is more than in 2011. For first nations members living off reserve, 14% live in housing that requires major repairs, compared to only 6% for the non-indigenous population. That is more than double.

Things are not much better when it comes to overcrowding. The 2016 census showed that over 18% of indigenous people live in homes that are too small for the size of their household according to the national occupancy standard established by CMHC.

By way of comparison, 8% of the non-indigenous population lived in similar conditions. Nearly one-quarter of first nations members and two out of five Inuit live in overcrowded housing conditions.

We need look no further to see that the government, which is responsible for indigenous housing, needs to do a lot more to ensure that first nations, Inuit, and Métis people are no longer second-class citizens. The figures speak for themselves.

However, it is not like I learned anything new from the minister today. Indigenous and Northern Affairs Canada knew all about this reality by early 2016—although I should point out that being aware of a reality is one thing, and doing something about it is another.

In early 2016, in response to a question on the Order Paper from my colleague from Timmins—James Bay, the department acknowledged that, and I quote:

...the housing shortage on reserve is expected to rise to approximately 115,000 units by 2031.

That was before we got the real figures on the increase in the indigenous population. On the issue of overcrowded housing, the department acknowledged that, and again I quote:

...20,000 units need to be built on reserve in order to reduce the average number of persons by household to four people per home...and 81,000 houses are needed to reduce it to the 2.5 Canadian average.

In answer to a question I asked on October 30, the Minister of Indigenous Services had this to say:

I am pleased to report to the House that today 8,800 units have already been either built or are in the process of being built and renovated.

Really? In other words, the department knows just how many houses need to be built or renovated, but it tells me it is only working on 8,800 new or existing housing units. That is not what I would call very ambitious, and it clearly shows that the government has no plan.

The NDP has been calling for a targeted strategy to be put in place in partnership with indigenous peoples to address urgent housing needs.

However, the national housing strategy announced last week did nothing to address the specific problems that indigenous persons face. Why?