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Crucial Fact

  • His favourite word was cities.

Last in Parliament October 2015, as NDP MP for Beaches—East York (Ontario)

Lost his last election, in 2015, with 31% of the vote.

Statements in the House

Nuclear Terrorism Act November 5th, 2012

Mr. Speaker, I am happy to stand in support of the bill and to start today's discussion of Bill S-9.

I will be splitting my time with the fantastic member of Parliament from Nanaimo—Cowichan. Notwithstanding the fact that I was instructed to use those precise terms, I happily stand by them.

We are back to amending the Criminal Code but this time for a good cause. Bill S-9, the nuclear terrorism act, would amend the Criminal Code in order to implement the criminal law requirements of two international counterterrorism treaties, the Convention on the Physical Protection of Nuclear Material, as amended in 2005, and the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism.

The nuclear terrorism act introduces four new indictable offences into part 2 of the Criminal Code, making it illegal to possess, use or dispose of nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operations, with the intent to cause death, serious bodily harm or substantial damage to property or the environment; to use or alter nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operation, with the intent to compel a person, government or international organization to do or refrain from doing anything; to commit an indictable offence under federal law for the purpose of obtaining nuclear or radioactive material, a nuclear or radioactive device, or access or control of a nuclear facility; and to threaten or commit to do any of the above.

In addition, the bill introduces into the code other amendments that are incidental to these four offences but are nonetheless important. It introduces a new section into the code to ensure individuals who, when outside of Canada, commit or attempt to commit these offences may be prosecuted in Canada. It amends the wiretap provisions found in the code to ensure that they apply to the new offences. It also amends the code to make four new offences primary designated offences for the purposes of DNA warrants and collection orders.

Finally, it amends the double jeopardy rule in Canada such that, notwithstanding the fact that a person may have been previously tried and convicted for these new offences outside Canada, the rule against double jeopardy would not apply when the foreign trial did not meet certain basic Canadian legal standards. In that case, a Canadian court may try the person again for the same offence of which he or she was convicted by a foreign court.

For a long time now, but particularly in the post-cold war era, it has been well understood that with the proliferation of nuclear weaponry and nuclear power generation around the world, a new and heightened regime of nuclear safety and security must be developed. A scenario in which nuclear weapons or materials fall into the hands of terrorists has prompted many to focus on the development of such a regime or framework. It is clearly understood that such a regime must be international in scope and must be grounded in the deep and good faith co-operation of states around the world. That regime needs to be put in place with considerable urgency.

This understanding forms the basis of the two aforementioned conventions that await Canada's ratification. The first of these, the Convention on the Physical Protection of Nuclear Material, dates back to 1980. Its importance is signified by the fact that it stands, still, as the only internationally legally binding undertaking in the protection of nuclear material.

In July of 2005, a diplomatic conference was convened to strengthen the provisions of the convention by doing a number of things, including expanding international co-operation between and among states with respect to rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences, such as sabotage, and prevent and combat related offences.

With respect to the other convention, in 1996 an ad hoc committee of the General Assembly of the United Nations was mandated by the General Assembly to develop an international convention for the suppression of terrorist bombings, and subsequent to that, the International Convention for the Suppression of Acts of Nuclear Terrorism. This later convention was adopted by the General Assembly in April 2005. This convention on nuclear terrorism imposes an obligation on state parties to render the offences set out in the convention as criminal offences under national laws and to establish jurisdiction, both territorial and extraterritorial, over the offences set out in the convention.

Both of these conventions await ratification by Canada, which is first dependent on the codification of the offence provisions of these conventions into Canadian criminal law.

We on this side of the House recognize the need and urgency to put in place a regime to counter nuclear terrorism. Moreover, New Democrats are committed to multilateral diplomacy and international co-operation, especially in areas of great common concern such as nuclear terrorism. Thus, we need to work with other leading countries that are moving forward toward ratifying these conventions.

We also believe that since Canada has agreed to be legally bound by these conventions, it is important to fulfill our international obligations. For these reasons we will vote in favour of the bill at second reading in order to further study it at committee. However, a few concerns need to be set out first.

The first has to do with the origin of the bill. I would urge those who embrace the anachronistic and undemocratic institution of the Senate on the grounds of tradition to employ the Senate in the traditional way, that being as the chamber of sober second thought and not as the place of origin of legislation. It is for those of us in the chamber who, for better or worse, were sent here by Canadians to do that work.

Second, as with so much legislation that the government puts forward through whichever chamber, we must be careful that we do not overreach in the name of anti-terrorism. On this point, our experiences with the Liberals' Anti-terrorism Act and the government's recent Bill S-7 are instructive. The provisions of that act and that bill run contrary to the fundamental principles, rights and liberties enshrined in Canadian law.

Moreover, perhaps more importantly, we have found that without such extreme provisions, without changing the legal landscape of Canada, without breaching the rights and civil liberties of Canadian citizens, we have successfully protected the safety and security of Canada and Canadians from terrorist attack and that the offending provisions have proven over the course of time to constitute an unnecessary, ineffective infringement.

I would note that this issue arose in the course of the bill's study in the Senate. No doubt the intention of the drafters at the Department of Justice was to adhere as closely as possible to the terms of the convention. However, it has been suggested that some of the new Criminal Code offences are broader in scope than the offences found in the individual international agreements. We must be sure that the overreach of these new sections will not result in undue criminalization or go against the Canadian Charter of Rights.

I anticipate that the justice committee will play a very valuable role in ensuring that the lessons of previous anti-terrorism legislation are applied to Bill S-9.

Last, I come to what I believe is a very important point in this discussion, that being the matter of delay. The implementation of the bill or some amended version thereof is a prerequisite for the ratification of both international conventions. Both of these conventions set out in their respective preambles the urgency with which the international community must act to implement a regime to control nuclear weapons and materials and to ensure they are not accessible for terrorist purposes.

For example, the preamble to the convention on nuclear terrorism talks about the deep concern of the parties to this convention of the worldwide escalation of acts of terrorism in all its forms and manifestations, and that acts of nuclear terrorism may result in the gravest consequences and may pose a threat to international peace and security. It also notes that existing multilateral legal provisions do not adequately address those attacks and that the “urgent need to enhance international cooperation between States” for these purposes needs to be moved forward.

Therefore, the question sitting out there is this. Why has it taken the legislation so long to get to the House for debate when both conventions have been open for ratification since 2005?

While there are other laggards in the international community, it is our expectation that Canada show leadership on issues such as these.

Questions Passed as Orders for Returns October 31st, 2012

With regard to the Action Plan for the National Fighter Procurement Secretariat: (a) where will the Treasury Board obtain the data regarding the F-35 costs that it intends to use in its review, as per the sixth point of the plan; (b) will there be an independent review of the data sources used in the review; and (c) will the criteria, process and results of the review be made public (i) if yes, when, (ii) if no, why not?

National Defence October 30th, 2012

Mr. Speaker, one would not know it from that answer, but my colleague's question was actually quite simple: Name some planes other than the F-35.

We have heard about the seven-point plan that became a six-point plan. We know about the $1 million that the government is spending to find someone to contradict the AG.

Here is another simple question: Has the Minister of National Defence amended the statement of requirements so that it is not wired for the F-35?

National Defence October 29th, 2012

Mr. Speaker, no one on the Ferris wheel of ministers and backbenchers on this file seems to get it. The Minister of National Defence has to get the basics right first and that begins with a statement of requirements. We know that they were wired for the F-35. The AG told us so and the Prime Minister agreed.

Has the Minister of National Defence accepted responsibility and amended the statement of requirements and if not, again, why waste the taxpayers' money on another review until they get at least that right?

National Defence October 29th, 2012

Mr. Speaker, here is another case of Conservative mismanagement. Once again, the Conservatives are saying one thing and doing the other. They claim to accept the Auditor General's findings on the F-35 and yet they are hiring an outside firm to come to the same inescapable conclusions that the AG already did, that they are bad public administrators who misled Canadians to the tune of billions of dollars.

Why waste the taxpayers' money on another review? Are they hoping to buy a different outcome this time?

Questions Passed as Orders for Returns October 26th, 2012

With regard to the National Shipbuilding Procurement Strategy (NSPS): (a) has a statement of operational requirements been established, (i) if yes, when was this done and what are the criteria that will be used to determine what ships will be built, (ii) if no, when will it be done, (iii) if it will not be done, what criteria will be used to determine what ships will be built; (b) will there be an open competition for contracts associated with the strategy; (c) what is a current breakdown of the $35 billion contract value that was assessed, specifically, what is the value of each individual component included in this assessed value; (d) where will the technology being used to build the ships come from; (e) what components will be included in each ship (i.e., hull, weapons systems, propulsion, etc.); (f) will the ships have all components necessary for deployment, (i) if not, why not and which components will need to be procured at a future date, (ii) if yes, what contracts have been signed that to account for this answer; (g) how will the contracts be awarded, specifying (i) how many ships will be built, (ii) which shipyards will be used for construction, (iii) what will be the dollar value of contracts awarded to each of the shipyards; (h) what are the details of any changes the government has made to the strategy and associated contracts as a result of delays in delivery (for example, in the case of the Arctic/Offshore Patrol Ships (AOPS)) and what are the impacts of the delays in delivery on the overall cost of the project, identifying in particular whether and how delays have impacted the estimated $3.1 billion cost of the AOPS; (i) has there been an evaluation of how many jobs will be created by this strategy, if yes, (i) how many jobs are expected to be created and for what duration, (ii) who conducted this evaluation, (iii) have the job creation projections been independently verified, and, if yes, by whom; (j) for what reasons has the NSPS been in the “definition” phase for over a year; (k) when does the government expect the NSPS will move to the effective project approval and implementation phase; (l) what are the steps of the procurement process that is being used to coordinate the NSPS, including (i) the dates of each step or phase, (ii) for each step or phase where there has been a delay, what are the reasons for the delay and what steps were taken to address the delay, (iii) what delays are expected to occur in future steps or phases of the process?

National Defence October 25th, 2012

Mr. Speaker, the Minister of National Defence is clearly reluctant to get on his feet about the F-35s, and I get that. He is embarrassed after his big announcement that the Conservatives are buying 65 F-35s and for calling us unpatriotic for questioning the F-35s. Now it is back to his department to look for alternatives to the F-35s.

I have a question for him. We all know the statement of requirements was wired in favour of the F-35. The AG said so; the PM agreed. So is his department revising the requirements, and if not, who is?

Questions Passed as Orders for Returns October 25th, 2012

With regard to the Action Plan for the National Fighter Procurement Secretariat: (a) will the Department of National Defence’s evaluation of options related to the Canadian Forces’ fighter capability, as per point four of the plan, include looking at aircraft other than the F-35 as a potential replacement for the CF-18; (b) if the answer to (a) is yes, what criteria will be used to determine whether other aircraft are suitable; (c) will the criteria in (b) be made public, (i) if yes, when, (ii) if no, why not; (d) will the results of the evaluation in (a) be made public, (i) if yes, when, (ii) if no, why not; (e) will the results of the evaluation in (a) be shared with parliament, (i) if yes, when, (ii) if no, why not; and (f) if other aircraft are considered as part of the evaluation, will the Secretariat make public what other aircraft are looked at, and (i) if another aircraft is selected, will it make public why, (ii) if another aircraft is not selected, will it make public the reasons why not?

National Defence October 24th, 2012

Mr. Speaker, yesterday, the minister called for patience, but allow me to provide the diagnosis.

The Conservatives turned the purchase of a plane into a crusade. They misled Canadians to the tune of billions of dollars, just before an election, and they got knocked down by the Auditor General. Therefore, no patience, just a casualty: the confidence of Canadians that Conservatives will do the right thing.

Here are some questions that need answers stat. Who is on the committee? When will the committee report? Again, which other fighter jobs will it be studying?

National Defence October 23rd, 2012

Mr. Speaker, moments ago one of the ministers covering the procurement file finally confirmed that they are looking into a plan B for replacing the CF-18. It was a start, but can we get a little more clarity, please? Can the minister tell us: when was the committee established, what are its terms and when can we expect it to report to the House?