Mike Wallace

[DNA Identification Act, September 26th, 2006]

Mr. Speaker, there are nearly 100,000 missing persons in Canada every year. Over 6,000 missing person cases are currently unresolved with an addition of over 450 coming online annually.

There are currently 15,000 samples of unidentified DNA recovered from crime scenes across the country currently stored in the RCMP's national DNA databank in Ottawa. As well, there are hundreds and hundreds of unidentified Jane and John Does in morgues all across the country.

Restrictions to the current DNA Identification Act make it impossible to match DNA to those thousands of missing persons in the country. Given the need for an MPI, or missing persons index, a DNA databank, and the widespread support from Canadians, law enforcement professionals, the provinces and territorial governments, DNA indices for missing persons should be created as soon as possible.

Bill C-279 amends the DNA Identification Act to provide for the establishment of a number of indices to help law enforcement agencies search for and identify persons reported missing. We must help families bring closure to the disappearance of their loved ones.

I would like to explain how Bill C-279 would work. Coroners and police use a variety of methods to identify human remains. These include: dental records, fingerprints and hair samples. In some cases DNA technology is used on a local basis and often on a case-by-case basis. This is not systematic by any stretch of the imagination and it does not use a comprehensive database. Jurisdictions cannot easily work together on human remains cases.

Currently, there are about 500 sets of unidentified human remains in Canada. Approximately 100,000 missing person reports are made to the police each year. Most cases are resolved quickly. About 6,000 are ongoing cases of missing persons and that continues to grow annually and it grows exponentially.

The federal government has jurisdiction over the Criminal Code. In cooperation with the provinces and territories, it has established the national DNA databank that is used for criminal investigations as we just heard. I want to use the same type of technology to help families finally find their missing loved ones.

A national DNA MPI, or missing persons index, would reassure families of missing persons that current and future unidentified found remains can be checked on a voluntary basis across the country.

Many stakeholders also believe that an MPI might also be of assistance in certain ongoing criminal investigations while still being consistent with the humanitarian principle of an MPI.

I would like to highlight some of the key elements of Bill C-279. A number of new DNA indices would be created to help find missing persons. The provinces and the territories have been working over the summer to help develop a new MPI regime.

The bill provides for a full cross-checking between all profiles held in the MPI and those held in existing crime scene indices and a new human remains index. Bill C-279 proposes to incorporate an MPI into the current provisions of the current DNA Identification Act.

I will be frank. Some amendments are needed and I am willing to work with the committee of the House of Commons to make that happen. For instance, I have had feedback that we need to better identify the definition of what a missing person is and I am more than willing to work on that.

The use of a police report that actually starts the process is not identified in the act and needs to be there. Finally, another piece is the role of the RCMP Commissioner which is defined in the act but needs further clarification, and at committee I am more than willing to work on this issue.

All amendments through the committee will bring clarity to the issue of federal-provincial jurisdiction.

At present, the national DNA bank enables electronic matching between and within two indices: the convicted offenders index, which is basically DNA of those who have been found guilty and convicted of designated offences; and the crime scene index, which is really important to my MPI as it contains the DNA profiles found at crime scenes. They are kept at the data bank and are there for use for my MPI cross-checking.

The national DNA data bank has been a major success in improving public safety. Close to 6,000 matches have been made that have either solved or assisted police in investigations of serious offences. There are about 130,000 profiles in the national DNA data bank at present.

In late 2003, federal, provincial and territorial justice ministers mandated a working group to explore and recommend options for a national MPI. A core principle was to do no harm to the existing criminal law DNA regime. All agreed that an MPI would require provincial and territorial support and participation to be effective.

The federal, provincial and territorial working group significantly advanced this work through public consultations and focused on legal and privacy issues, definitions, and costs. Specialized consultations were held with the Office of the Privacy Commissioner, the National DNA Data Bank Advisory Committee, the ministries of justice and public safety, and other key stakeholders.

In recent months, the working group has formulated its discussions around my bill, Bill C-279. It is preparing a report to the federal, provincial and territorial ministers of justice at their meeting to be held in Newfoundland early in October. Bill C-279 will be an important part of the agenda at that meeting.

Here are what my expectations are.

I envision a national system operated by the RCMP, established by the federal government with the support of the provinces and the territories. Their participation would likely be on a voluntary basis.

Missing persons would be broadly defined in the legislation. Working with our provincial and territorial partners, we would use regulations and guidelines that would allow for local flexibility and best practices in all areas of this country.

MPIs, missing person indices, containing DNA profiles would also be created. These indices would include those of human remains and personal effects from missing persons. If someone's son or daughter went missing and there were hair samples in combs or brushes, those types of things could be used in an index. In addition, we could use family DNA, so if it is a brother, sister, daughter or son, DNA could be provided that is close enough for matching purposes.

These indices would allow for selective and strategic cross-matching among all the indices, all the MPIs, and the other DNA indices that already exist.

I would like to acknowledge the hard work of the Minister of Natural Resources, the member for Saanich—Gulf Islands, on this file. He started this process in 2003 and has been a great leader for me in terms of helping me understand the process and the issues and bring this bill to the House today. I appreciate all the efforts he and his staff have made on my behalf. He has affectionately named this bill Lindsey's law, after Ms. Peterson's daughter, Lindsey. Ms. Peterson is from British Columbia, his home riding.

Lindsey was a 14 year old when she disappeared while walking home down a rural road near Courtenay on Vancouver Island. She had planned to meet her friends, and like many other teenagers who live in rural communities with limited bus service, she decided to hitchhike. What should have been a 10 minute ride has turned into a 13 year nightmare because the blond-haired, green-eyed teenager never made it to where she was going.

Since that day, Lindsey's mother, Judy Peterson, has struggled with the questions that surrounded her daughter's disappearance. Ms. Peterson hoped answers about Lindsey's fate could be found through DNA matching, but her hopes have been put on hold until Canada's DNA legislation catches up with technology.

The importance of DNA identification has gained widespread media attention. Ms. Peterson has personally worked very hard to lobby government for changes to the DNA legislation.

I also have a Lindsey. Unfortunately for us, one time she went missing. It was the worst few hours of my life when my young daughter was missing. The reason I took up this bill was to make sure that it did not happen to me again, or to any other family in this country. I cannot imagine the grief of someone who is missing a family member year after year after year.

We have the technology. We have the ability to make it happen. We are sent here to make a difference for Canadians. This is the type of bill that would make a difference to everybody's life across this country.

In closing, the amendments for the use of the proposed indices can be easily put in place. Canada is a DNA leader and it is time to put our technology to use. Lindsey's law is the next logical step. It is time.

Given the need for a DNA data bank and the widespread support from Canadians, law enforcement professionals, provincial governments, territorial governments, a DNA data bank for missing persons should be created as soon as possible. It would bring closure to families of missing persons. It would help law enforcement professionals do a better job. It would reflect Parliament's commitment to families who have been missing loved ones for far too long.

I ask for everyone's support on my private member's bill. I am willing to work very hard at committee to make the changes that are necessary to put this into place.

[DNA Identification Act, September 26th, 2006]

moved that Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes), be read the second time and referred to a committee.

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, let me focus on the fact that the transit pass has been a great asset to my community. I have had numerous calls from people thanking us for that opportunity.

The reason that GO Train is adding a line to the west side is because the volume is there and it is increasing. Any additions to make it a more efficient and effective system, including the bill, will make mass transit a more appealing piece for the country.

[Canada Transportation Act, September 19th, 2006]

Mr. Speaker, I would like to speak today on the important changes to the Canada Transportation Act in Bill C-11, changes that will help improve the environment for passenger rail services, preserve valuable rail infrastructure in urban areas, and make communities served by railways more livable.

I would like to begin by speaking briefly on the history of CN Rail and the important role it has played in the lives of Canadians for nearly a century. The Canadian National Railway has mirrored the history of Canada for more than eight decades. The company's roots lie in the turmoil and disillusionment that accompanied World War I. In the 1920s and 1930s, CN's fortunes reflected the peaks and valleys of the Canadian economy. During World War II, CN, like Canadians themselves, met challenges that could not have been predicted even a few years earlier.

In the decades after the war, Canada became a supplier of resources to the world, resources such as lumber, which we dealt with earlier today, grain, sulphur, potash and petroleum products, and CN carried them. In the 1990s, when the North American economy became more integrated, CN followed suit as it expanded its U.S. presence and took a north-south orientation.

Because CN was for more than 70 years a government owned railroad, it had a social role in the life of the country as well as an economic one. This role is exemplified by narrow gauge freight and passenger services across Newfoundland, by mixed trains on low density branch lines, and by passenger cars used for schooling and medical services in remote parts of Ontario and Quebec.

There is no doubt that CN and the railways of Canada represent an integral and important part of our history as Canadians. Bill C-11 recognizes the great importance of our railways and focuses on achieving a balance between the modern interests of communities, consumers, commuters and urban transit authorities with those of today's railway carriers.

I would like to highlight the bill's proposed changes in the railway aspects of the bill. The proposed changes to the Canada Transportation Act will help ensure that our railways remain innovative, strong and healthy in the 21st century.

The bill looks at existing policy and regulations from an urban quality of life perspective to see if we can make them work better on behalf of our cities and our communities. At a time when Canadians are increasingly concerned about rising energy prices, particularly prices paid at the gasoline pumps, I am very pleased to be able to say that the proposed amendments will contribute to the well-being of urban transit services as well as intercity passenger rail services like GO Transit and VIA Rail.

Through a number of amendments to the CTA, the government is introducing several measures that will benefit the passenger rail services that are critical for the movement of the growing number of commuters in my community and throughout the GTA with and between our largest urban centres. For example, on the average workday in Burlington alone, between 70 and 80 passenger trains pass through Burlington's three GO stations and one CN station. Nearly 90% of all trains that pass through Burlington carry passengers.

The government recognizes the benefits of providing publicly funded passenger rail services such as those operated by VIA Rail across Canada, the Metro in Montreal, the O-Train here in Ottawa and the GO Train in Burlington through to Toronto and the east side of Toronto.

The government also recognizes that because these services are essentially government mandated, the operating entities may encounter difficulties in negotiating on even terms with the host railways over those infrastructures they operate. To this end, the amendments to the CTA will include new dispute resolution provisions clearly aimed at public passenger services.

Currently, the only recourse available to the CTA for public passenger providers for resolving rate and service disputes with the railways is final offer arbitration. The new provision would replace the existing final offer arbitration provision that became available to commuter and other publicly funded passenger rail operators in 1996. However, passenger rail that is not publicly funded would continue to have no recourse in the final offer arbitration system.

The new recourse will improve access to rail infrastructure for public passenger services, under commercially reasonable terms. The government strongly encourages VIA Rail and commuter rail authorities to conclude commercial agreements with infrastructure owners. However, when commercial negotiations are unsuccessful, which does happen on occasion, these public passenger service providers will be able to seek adjudication from the Canadian Transportation Agency on terms and conditions of operation on federal rail lines, including fees and services charged by that host railway.

Further, since the contracts are entered into by public bodies, in the interest of greater transparency, the amendments of the CTA will require that such agreements are made public for the first time. As such, any future contracts between public passenger service providers and federally regulated railways will be made public. Existing amendments will also be made public unless one of the parties can demonstrate, to the satisfaction of the agency, that the contract contains commercially sensitive information and that it would be harmed by its release.

The government also recognizes that preserving surplus rail corridors for subsequent use by urban transit is of growing interest in large urban centres, including my own centre of Burlington. Often these corridors represent the only land available for transportation uses.

Presently a railway can discontinue operations on a surplus rail line only after it has followed the notification and advertisement steps prescribed in the CTA. The objective of these provisions is to promote the takeover of lines of new owners or operators in place of service abandonment.

When a railway is no longer required for freight service, it must first be offered for continued railway operations, then must be offered to federal, provincial and municipal governments for a price that is no greater than the net salvage value. This approach to corridor evaluation will be retained.

However, under the current transfer and discontinuance provisions of the CTA, urban transit authorities, which in some urban areas serve several municipalities, including mine, have no right to receive such offers from railways. In the interest of protecting valuable corridors that may be required for urban transit, the CTA will be amended to require an offer of sale to urban transit authorities before municipal governments.

Also, the current provisions do not apply to railway spurs and sidings, some of which could sufficiently serve the needs of commuter rail services. Nor do the present provisions apply to passenger railway stations. The amendments would require the railways to offer these segments in urban areas and passenger railway stations to governments and urban transit authorities, not for more than the net salvage value, before removing them from service.

As I noted earlier, the CTA currently requires that no interest has been expressed in the purchase of a line for continued rail operation. A railway company must offer to transfer the line to governments for not more than its salvage value. A government interested in purchasing the line must advise the railway company in writing that it accepts the offer. If the government and the railway company cannot agree on the net salvage value of the line, either party can apply to the agency for a determination of such value. In other words, the government is required to accept and bind itself to the purchase offer without knowing the purchase price.

The proposed amendments to these provisions in the bill will improve the notification processes to governments, urban transit authorities and agencies at certain stages of transfer and discontinuance of the process. As well, the amendments will allow a government of an urban transit authority to seek a determination of the net salvage value from an agency when it receives an offer from a railway and before it binds itself to an offer of purchase. Again, this is transparency. This will provide a government and an urban transit authority the necessary information to decide whether it is the right business decision, whether they want to purchase the line or not.

This is one area that is important to me in this bill and important to my area of Burlington and Halton and of the urban transit issues that we face every day.

Another area in the bill that is very important to me, and I have been dealing with on an ongoing basis, particularly this summer, is noise, and noise is addressed for the very first time in the act.

At the outset, I noted these amendments would introduce measures that would make communities such as mine served by railways more livable.

Over the past several years, some members of the House have heard community concerns, and I have heard that from a number of speeches here today, about railway noise and the Federal Court of Appeal decision of December 2000, which ruled that the agency had no jurisdiction to entertain complaints relating to noise from the operating of federally regulated railways, and that is about to change in the act.

A large number of Canadian communities are home to railway operations and disputes can arise from railway noise between residents and communities and railway companies. While citizens adversely affected by noise from railway operations can make a formal complaint to the company through a 1-800 number, which I have received and passed out many times, or seek civil action through the courts, no federal body is mandated to regulate railway noise.

Proposed changes to the bill authorize the Canadian Transportation Agency to review noise complaints for the very first time and, if required, order railway companies to make changes to reduce reasonable noise when constructing or operating railway and railway yards. The agency must be satisfied that the parties were unable to reach a settlement voluntarily of the dispute on their own, which of course is the preference of everyone.

The Railway Association and the CPR have established voluntary mechanisms with the Federation of Canadian Municipalities to address noise and other complaints stemming from the proximity to railway operations.

The government applauds and encourages this voluntary approach for resolving these often contentious matters, which I have had this summer in my riding.

However, the government also wants to ensure the agency, and I support this, has the authority to resolve noise complaints if a voluntary settlement is not achievable. The agency is well-positioned to strike a balance between operational needs of the railway, with which I think we all agree, and the expectation of communities and those who live beside the railways not to be subjected to unnecessary and unavoidable inconvenience.

The amendments would require railways not to cause unreasonable noise when constructing and operating a railway, taking into consideration the requirements of operation, services and interests of affected communities.

I want to pause for a moment and talk about a specific example in my riding. GO Transit is adding a whole new line, a new track through my riding of Burlington to Toronto, to provide us with ongoing, everyday, all-day GO Train service. As a GO Train user this summer and over a number of years my wife has used GO Train to Toronto on a daily basis when she works in downtown Toronto, it is a very important thing. The people who live in Burlington understand the need for an expanded GO Train service to Burlington, but do they need to have the railway constructed in the middle of the night with no notice? That is what has happened over the summer.

This past week I had the fortunate opportunity to meet with railway officials, their communications people, their construction people. They freely admit that there are no rules and regulations, that they are basically able to do whatever they want, whenever they want, and that is the way the law is.

The new changes that we are proposing in this bill do make changes on the noise side to give us some authority to ensure that, at the bare minimum, the people who are affected on a daily basis due to the changes, the growth in railway, get an opportunity to comment on it. Whether they get to stop it is a different story, but at least they have the knowledge, they have the right to know what is happening in their backyard. I am looking forward to seeing the bill pass so we can start working on those issues.

The agency has been given the statutory power to provide guidelines for what it will consider in deciding on noise complaints, elaborate measures on the noise resolution and require complaints to demonstrate that all voluntary measures are exhausted.

We first want to ensure that the citizens and the railway contact and communicate with each other to ensure they cannot find a solution on their own. They will investigate noise complaints and order railways to take appropriate action to prevent unreasonable noise, taking into consideration the requirements of railway operation and the interests of affected communities.

The amendments I have outlined today go a long way in improving passenger rail service across the country, preserving valuable railway infrastructure in urban areas such as mine and reducing railway noise and complaints in ridings such as Burlington.

Ultimately these measures will reduce congestion in our urban areas and make our transportation system more environmentally sustainable. Not only are we adding railway lines in our area, but the tax incentive for people to get out of their cars, to use GO Transit and to take the mass transit system to Toronto has been a tremendous support to Burlington and to the people of my riding.

We want to improve the quality of life of those who have to live beside the railway lines. They understand that they are there for a reason, that they do have a good public role. However, they also need to be dealt with respectfully and in a reasonable manner. The changes to the CTA will make that happen.

I have been listening very actively today. All parties seem to indicate that they are willing to send this to committee, which is what I would like to see done, where it will be reviewed and some changes may or may not be made. It has had significant consultation. Our friends from the official opposition have said a number of times today that the bill has come to us a couple of times in different formats.

Let us get on with it. Let us get it passed. Let us get it to the transportation committee. If there are any amendments, let us hear them and deal with them appropriately. Let us start helping those people in the urban areas who are affected by transit needs on an everyday basis.

[Budget Implementation Act, 2006, June 6th, 2006]

Mr. Speaker, I appreciated the speech by the member for St. Catharines. He talked about income taxes, but he also talked about the reduction in the GST. I know that the area of St. Catharines is a growing community with people moving there and lots of development happening.

I was wondering what his view and the view of his residents is on the reduction of the GST when it comes to making major purchases such as homes and cars which I know are important industries in St. Catharines.

[Public Safety, June 5th, 2006]

Mr. Speaker, after the arrest of suspected terrorists over the weekend, a mosque in Toronto was attacked. Windows were smashed, causing an estimated $15,000 in damage. This act of violence goes against the values for which Canada stands.

Will the Minister of Public Safety tell us the government's position on the attack on the Muslim mosque in Toronto?

[Business of Supply, May 30th, 2006]

Mr. Speaker, I am an avid supporter of the arts in my own community. I am on the board of directors of the Sound of Music Festival, which is the largest outdoor music festival in Ontario. I have been working for a number of years to bring a performing arts centre to the city of Burlington and I have also been on the board of directors of the Burlington Art Centre.

Does the hon. member not agree that the motion before us today is really just the status quo? There is no chance for growth and no chance for enhancement. It is really just restating a position we are already at and does not move the arts and cultural agenda forward.

[Criminal Code, May 29th, 2006]

Mr. Speaker, I listened carefully to the member's dissertation on the bill. I was encouraged by her comments in getting it to committee and looking at amendments that may possibly be made to it. However, I would like some clarification, if possible.

Will the member opposite vote for the bill in its present state and get it to committee? I do not understand whether the Liberals are supporting getting it to the next level. I would appreciate some clarification on that.

[Families, May 15th, 2006]

Mr. Speaker, today is the United Nations International Day of Families. The theme for this year is “Changing Families: Challenges and Opportunities”.

Today many Canadian families open their hearts to adopt a child. Some adopt children from overseas. Last Friday the Prime Minister told Canadians the compelling story of one of my constituents, Dr. Agnes Lee. Six years ago, Dr. Lee and her husband adopted Katie from China. They opened up their hearts and their home to their new addition, and to their family.

Canada, however, was not as open, at least not in terms of getting Katie her citizenship. It took 14 long months for Katie to become a Canadian citizen. This is simply not acceptable. Foreign adopted children should not have to wait so long to become Canadian citizens. Our Conservative government has committed to making the citizenship process easier for children adopted abroad by Canadians.

Today, on International Day of Families, the government is standing up for one of our most precious resources, Canadian families.

[DNA Identification Act, May 12th, 2006]

moved for leave to introduce Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes).

Mr. Speaker, it is my pleasure to introduce a bill today that would amend the DNA Identification Act to provide for the establishment of a human remains index and a missing persons index to help law enforcement agencies search for and identify persons who are reported missing.

This is a very important service to the families of those people who are missing from Burlington and from across the country.

(Motions deemed adopted, bill read the first time and printed)