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Crucial Fact

  • Her favourite word was children.

Last in Parliament March 2014, as NDP MP for Trinity—Spadina (Ontario)

Lost her last election, in 2015, with 27% of the vote.

Statements in the House

Citizen's Arrest and Self-defence Act April 24th, 2012

Mr. Speaker, hard-working store owners trying to protect their own property should never be punished as criminals and the Criminal Code should not provide opportunities for that.

Since the David Chen Lucky Moose case, which I will go into a bit more, there was another instance in my riding. On Bloor Street, close to Euclid Avenue, there is a very nice restaurant called Maroli, which is owned by Mr. Naveen Polapady. Recently he faced multiple assault charges after confronting an apparent thief trying to steal his property.

I will not go into long detail as to what occurred during this incident, but his restaurant had been repeatedly broken into. He had called police. That did not have much impact. He felt the police had not been able to protect him. In the instance there was a struggle between he and the apparent thief and a noxious substance was thrown at the thief. It was a spice called masala. Some of my colleagues may know this noxious substance. It makes very good chicken. It is quite unbelievable that this spice could be called a noxious substance. Mr. Polapady was charged with assault.

Obviously, the law needs to be clarified and changed. Hard-working restaurant owners, such as in this case, should not be punished for trying to protect their restaurants.

The case of David Chen, owner of the Lucky Moose, occurred on May 23, 2009. He had been robbed quite a few times. The Lucky Moose is in my riding in Chinatown in downtown Toronto. His store is a very popular place where a lot of people shop.

A security camera showed that Anthony Bennett, a thief with a 32-year criminal record dating back to 1976, stole $60 worth of plants, which are called money plants, from Mr. Chen's store. Because the thief was not able to carry as many plants as he could, he came back an hour later to try to steal some more. He admitted that was what he wanted to do. Four or five were not enough. He wanted more.

Mr. Chen, after calling the police many times that past year, finally had it. He gave chase, caught the fellow and held him in a van. One could see bruises on Mr. Chen's body because Anthony Bennett had punched him. He was held and then police arrived four minutes later. Mr. Chen was charged with four charges: assault, kidnapping, forcible confinement and possession of a concealed weapon.

What was the concealed weapon? It was a box cutter, which any grocery store owner would have. They have to cut open cardboard boxes in order to get to the apples and oranges in those boxes. He carries a box cutter with him. He never used it and was not prepared to use it. He just had it because he was a grocery store owner. He was charged with possession of a concealed weapon.

As for forceable confinement, he wanted to ensure the police would come and arrest this person. Citizen's arrest is all about that. However, he was charged with kidnapping and forceable confinement.

The RCMP claimed that Robert Dziekanski had a stapler and that was an offensive weapon also. However, I digress.

Crown prosecutor, Colleen Hepburn, then offered to drop the kidnapping and assault charges if Chen pleaded guilty to forceable confinement and possession of a weapon. For this, he would receive an 18-month suspended sentence and a criminal record. Mr. Chen refused, and I am glad he did. The kidnapping and possession charges were dropped anyway. One of the reasons I suspect they were dropped was because it entitled the defendants to a jury.

By the way, Mr. Chen was not the only one charged. His cousin and his nephew, who assisted him, were also charged. It caused a tremendous amount of grief in the extended family. Mr. Chen spent a night in jail. His wife was worried sick.

The kidnapping charge was dropped. I think maybe the prosecutor was a bit worried that if there were a jury trial, Chen's peers would do the sensible thing and find everyone not guilty. Therefore, the two remaining charges were supposed to be heard in October by a judge sitting alone.

One might ask, what happened to Anthony Bennett? He received 90-days jail time, reduced to 30 days on the condition that he testify against David Chen, which he did.

What actually happened? The Criminal Code allows a citizen to arrest someone if caught committing a crime. It is a law that goes back to ancient times. Since then, surveillance cameras have been invented, so instead of a storekeeper standing guard all day, we have security cameras.

I have been in the Lucky Moose many times. Mr. Chen had installed large numbers of security cameras. Any reasonable judge would modernize the concept of citizen's arrest, including in Chen's situation, and accept camera evidence as sufficient grounds for later arrest. However, the act now states that one must arrest a person while he or she is committing a crime. If people are arrested inside the store, they have not actually committed the crime yet because they could say they were about to pay. If they do not pay at the cash register, which is right by the door, and leave the store, by that time they are outside which means the owner would have to give chase. This is what David Chen did. However, because it was after the actual crime being committed, the Criminal Code allowed police to arrest him.

The result was a lot of emotional and financial hardship. The case finally went to trial after a long time. By October 29, 2010, a year and a half later, the judge finally found David Chen, his cousin and his nephew not guilty. However, this was after a huge amount of money was spent on lawyer fees.

Given that the profit margins in these stores are extremely slim, David Chen did not ask for it, but the community came together, had fundraising banquets and drives to help him pay his lawyer fees. The community also said that the law did not protect hard-working store owners and that it must be changed. There was a petition with 10,000 signatures on it.

The Minister of Citizenship, Immigration and Multiculturalism promised some time in 2009 that the Conservative government would take action. One year later, nothing happened. I then introduced a private member's bill, which I termed as the Lucky Moose bill. Actually the moose was not that lucky on May 23, but I called it the Lucky Moose bill. The bill would allowed for a flexible interpretation that, as long as the citizens' arrests were done within a reasonable amount of time, the store owners would be entitled to make them.

Unfortunately, nothing happened in the fall of 2010. I tried to push my private member's bill forward. It was on February 17, 2011, that the Prime Minister promised to introduce a government bill.

It is unfortunate it has taken so long. The bill passed first and second reading, but died when the election was called. Therefore, I am quite happy that another version of it, Bill C-26, which is very similar to my original Lucky Moose private member's bill, is now before the House at third reading. I hope in a few days the bill will pass the House of Commons into the Senate for approval and become law. It cannot happen soon enough.

Amending the Criminal Code would only assist in a certain way. To a certain extent it would clarify the law. At the justice committee, there was a diverse group of witnesses, whether it was the Canadian Convenience Store Association, the Elizabeth Fry Society, Professional Security Agencies, Quebec Law Association, the Canadian Bar Association, the Canadian Police Association. They all agreed that this bill was good, but there were some flaws in it.

Our critic introduced nine amendments. Two of the amendments were successful and seven, unfortunately, were not. I really regret that. We did manage to get a related amendment passed, which would require a court to consider the relevant circumstances of the person, the other parties and the act. The second amendment would place a greater onus on the courts to consider the history of the relationship between individuals.

There is a great need for different sections of the Criminal Code to be updated. Even though at the end of the day seven of the amendments of the New Democrats were defeated, we still believe the bill will give an adequate update to legislation and that is why we support it.

My colleague is right in that we should also look at other issues connected to the case. We need better community-based policing. A store owner should not have to wait so long for the police to arrive. There needs to be much faster response time by police officers and they need to know their own community so they are familiar with the challenges some of the smaller store owners face. They also need to understand who are the regulars in the community who commit these crimes over and over again.

If we have community-based policing, then there would be a regular number of police who would become familiar with the neighbourhood. By and large, a lot of the people who are stealing are from the neighbourhood. The store owners who suffer from these kinds of offences and are victimized have by and large been in the community for a long time. They own small shops and cannot afford to hire private security guards, which is why they occasionally, unfortunately, resort to citizen's arrest or self-defence.

If the police had a much faster response time, then people like David Chen would not have to take the law into their own hands. When the charges were finally dropped and he was asked by the media whether he would do it again, give chase and perform a citizen's arrest, had he known what would happen, Mr. Chen said, “No, I would probably wait for the police to come”.

I think 99% of store owners would probably give that kind of response. They would rather have the police come to deal with a criminal offence. The problem is that there is not a faster police response time.

On the other side, we have a person like Bennett, who was living in the community and is not anymore. He was not able to get into treatment programs initially, maybe in the late 1970s or early 1980s when he started committing crimes because he was addicted to drugs.

I do not know whether he has any mental health issues, but I do know that a lot of these criminals who commit theft and break and enter are addicted to drugs, and others have mental health issues, and yet we have a system in Canada where we do not have sufficient mental health treatment programs, especially within the communities.

If people have access to drug treatment or mental health programs, they can get clean and are able to start again. However, once they come back to the community, because there is not a community-based program to support them where they live, some of these folks end up re-offending, end up being hooked on drugs again and end up committing petty theft, victimizing the local store owners.

That is why the NDP believes that aside from amending the Criminal Code, aside from helping hard-working store owners to protect their own property, we really need to be smart on crime. We need to find some ways to have better community-based policing. We must have community-based treatment programs, drug treatment and mental health support, because if we do not do that we will end up throwing a lot of people in jail who will come out and re-offend over and over again. People like Naveen Polapady, a restaurant owner, and David Chen, a grocery store owner, will continue to be victimized.

To conclude, I am very happy this bill is finally in front of us for third reading. I hope it will pass without any problems and that the Senate approves it so that at the end of the day David Chen and others can feel that justice is on their side, not against them.

Government Appointments April 23rd, 2012

Mr. Speaker, the Minister of Transport, Infrastructure and Communities is more interested in pork patronage than listening to Aveos workers.

The latest is the appointment of Elmer Derrick to the Prince Rupert Port Authority, or should I say pork authority. He signed a pipeline deal against the wishes of his own community. Derrick is not alone.

Tory donors, Jennifer Clarke, Pierre Rivard, Andrew Paterson, Gary Valcour, Tim O'Connor, all got plumb jobs. Is taking care of party hacks, failed candidates and bagmen the latest Conservative jobs plan?

Canada Post Corporation Act April 23rd, 2012

Mr. Speaker, having been a former board member of the Toronto Public Library, libraries are one of the most important services for many Canadians. In fact, the Toronto Public Library is the second most popular library in the world, second to Hong Kong in terms of its per capita population.

A tremendous number of people use libraries. Whether in small towns or big cities across Canada, libraries provide the kinds of services that for some are almost like a lifeline. Some Canadians do not necessarily have the space for a lot of books or have the money to them. They may not have the financial wherewithal to have ongoing subscriptions to magazines or newspapers.

My house in Toronto is about 20 steps away from the library in my neighbourhood and I have seen people line up to get into it. Some go there every morning to use the Internet to look for jobs. I have seen young and old having a grand time in the library, borrowing books, cassettes, videotapes, DVDs, just name it. It is not just a place for people to read, it is also a place to gather.

Canadians who are shut-in, or are disabled, or are from rural Canada or live far away have no access to libraries and cannot borrow books. What do they do? They probably go online. For example, another book of poetry by Margaret Atwood recently came out and I imagine Canadians will ask their local libraries to send them the book. However, if the mailing rate is too high, it can be prohibitive for some to access these tremendous collections from their libraries.

There are more seniors in our country and I imagine, especially for homebound seniors, that it is very important for them to have discounted mailing services available to them, and the bill deals with this. There are also distant learners who want to finish their degrees, or post-secondary education or high school. They too would need library books mailed to them. In addition, people who are disabled or have various challenges cannot go to libraries.

Over a million people per year use this kind of mailing service from libraries all across Canada. This bill would impact 2,000 libraries across Canada.

This is not just about the users, it is also about the collections in libraries. Some libraries focus on certain areas. I would imagine that libraries in Brandon, Manitoba would have different kinds of books than some of the collections in Toronto, for example. I know for a fact that libraries loan books to each other. It is very important for libraries to access collections from each other. This is good for the libraries and it is good Canadians.

Why is the bill important? It would provide the guarantee of a reduced postal rate for libraries and Canadian users. We want to ensure that the term “library books” used in the bill is changed to “library materials” so it will include DVDs, CDs, et cetera.

This is the third time the bill is in front of the House and I am sure the member for Brandon—Souris will ensure it passes in the Senate after the House of Commons and that it will be fast-tracked at the transport committee so it can become law and the one million users will feel confident that the reduced book rates will be made available to them.

Aviation Safety April 3rd, 2012

Mr. Speaker, the Conservatives just do not understand their reckless cuts will have real safety consequences. The Auditor General found there was no plan to meet inspection needs, no up-to-date information to assess risk, and no management oversight, no approval process. It took the minister sometimes 10 years to deal with emerging safety issues, 10 years.

Will the minister clean up his department and stop these dangerous cuts?

Aviation Safety April 3rd, 2012

Mr. Speaker, the Auditor General reported that one out of three airline safety inspections was not done. Why were they not done? There was not enough staff. Even when air traffic is increasing by 4% this year, the Conservatives are cutting $17 million from aviation safety and $60 million from Transport Canada. Inspectors will be cut. The safety of air travellers will be at risk.

How can the minister justify these dangerous cuts to inspectors who keep our planes safe?

Petitions April 2nd, 2012

Mr. Speaker, it is my honour to present petitions on behalf of some of my constituents who are tired of waiting for buses, being stuck in traffic jams and not being able to get to doctors' appointments or do groceries because there is no proper fast, reliable and affordable public transit system in Canada.

The petitioners are calling upon the Government of Canada to enact a Canadian public transit strategy that: seeks to provide a permanent investment plan to support public transit; establishes federal funding mechanisms for public transit; works together with all levels of government to provide sustainable, predictable, long-term and adequate funding; and establishes accountability measures to ensure that all governments work together to increase access to public transit.

Points of Order March 29th, 2012

Mr. Speaker, what do you plan to do with the point of order raised by the new hon. member for Toronto—Danforth?

Air Canada March 29th, 2012

Mr. Speaker, since privatizing Air Canada, the Conservatives have been in cahoots with Air Canada, allowing it to cast its workers out on the streets. The minister has betrayed those workers. He is playing political games and preventing the CEO of Aveos from being summoned to the transport committee.

We are talking about jobs and public safety. Why is the minister putting the interests of CEOs ahead of those of Canadian workers?

Air Canada March 27th, 2012

Mr. Speaker, 2,600 jobs at Aveos are being chopped in Toronto, Winnipeg and Montreal. These workers are desperate. They are here on Parliament Hill demanding help. Since 1988, Conservative minister after Conservative minister has promised to protect these workers and their jobs. Now we see that none of these promises are worth anything at all. Why will the Conservatives not stop breaking their promises and save these good jobs?

Financial System Review Act March 27th, 2012

Mr. Speaker, I notice that the Toronto Dominion Bank has just recently told seniors that their accounts are no longer free. They have to pay bank fees.

The Royal Bank started it. Now the Toronto Dominion Bank is doing the same thing, which means it has basically told seniors that it is no longer interested in giving them services. That is really unfortunate.

I wonder what my colleagues think about this, that seniors, after serving this country for all these years, are now told they have to pay extra bank fees?