House of Commons photo

Crucial Fact

  • His favourite word was asbestos.

Last in Parliament October 2015, as NDP MP for Winnipeg Centre (Manitoba)

Lost his last election, in 2015, with 28% of the vote.

Statements in the House

Bankruptcy Legislation June 5th, 2003

Mr. Speaker, I am glad that time allowed me to take part in this debate. I am very grateful to my hon. colleague from Churchill for bringing this issue to the House of Commons for us to revisit.

We have had this debate once before. In fact, I introduced a private member's bill along these lines about a year and a half ago and we had some interesting debate associated with that too. I for one learned a great deal during the process of developing my private member's bill and I have learned even more during this debate about the imbalance that exists, the basic issue of fairness that is lacking in the current Bankruptcy and Insolvency Act in this country.

I should start by pointing out our gratitude to the member for South Shore for his enlightening comments and history lesson as it pertains to bankruptcy. People would be interested to know that there are over 10,000 bankruptcies a year in Canada. I do not have the exact dollar figure with me at this moment, although I do have it somewhere in my office. I believe it is $1.8 billion in lost wages that are left on the table due to those 10,000 bankruptcies per year. I believe that is the figure. I could be wrong, give or take a little. It is a huge issue and it affects a great number of workers, so we are not dealing with an abstract esoteric issue here.

Most Canadians would be shocked to learn that back wages, pension contributions, holiday pay and other forms of compensation, such as a salesman's commissions, are often not recovered by the employees in the event of their employer going bankrupt. The reason this is so fundamentally wrong, and offends me and others, is that there is a trust relationship that is developed between an employer and an employee. Whether it is in a written contract or collective agreement or even if pen to paper never happens at all, that relationship and obligation exists.

The deal is that the employee performs a service for someone and that person pays the employee for that service, but all the power still resides with the employer. It is an imbalance in that trust relationship, which is all the more reason why, in the event of the employer finding itself in an insolvent position, that employer has an obligation in that trust relationship to live up to the contract, either written or implied.

The argument has been made that banks and other investors should have the status that they enjoy currently of being preferred creditors. I argue that the banks and other investors know full well the risk of investing in a company and they factor in that risk by charging interest. In fact, the banks and other investors are being paid for that risk throughout the life of the company and have been paid back at least in part for some of the money loaned. Often what remains is the interest on the loan, so whoever the financial backers of the bankrupt or insolvent company are have already recouped some of their investment. They knew full well the risk going in and may have enjoyed dividends throughout the life of that company prior to its going bankrupt.

It is a much different situation for the employee who, my hon. colleague from Churchill pointed out, is often living in a much more hand to mouth marginal existence. Two weeks of lost wages can make a significant difference in the life of a low income worker. The risk is quite different and the relationship is quite different. The relationship between the employer and the employee is unique in all the relationships being contemplated in bankruptcy. Certainly we argue it is the employee who should have first dibs on whatever assets remain.

The employer often does not care, frankly. In fact, if one were to ask most owners of bankrupt companies, they would rather that whatever assets they may have left after the bankruptcy went to their employees, I would like to believe that anyway, because they have already walked away from the company. They are not their assets that are being distributed any more. They are the remaining flotsam and jetsam left over after the employer, the owner, has walked away from the bankrupt and insolvent company.

Another point I would like to make is on the amount. In the current legislation the amount of $2,000 is the maximum amount that an employee can recoup, if there is anything left after all the other creditors have had their go at whatever assets are left of the company.

That $2,000 maximum is totally out of touch with the reality of today's wages and the possible amounts owing to employees. It was in 1992 that the figure was quadrupled from $500 to $2,000. It is now a decade later. Surely that figure should be revisited and I would argue increased dramatically.

In the case of compensation of commissions owing to a salesperson for instance, these are only sometimes paid out. It is unfair that employees should rank so low in the pecking order of who gets paid from the assets remaining in a bankrupt company. The maximum in the current legislation is completely unfair and should be increased in a very dramatic way.

The member for South Shore referred to a moral obligation to repay debt. I think he is mixed up. Even in the Bible there is no reference to the duty to pay back money. The only reference in the Bible is it is immoral to charge interest on a loan.

I would say the moral obligation is not an issue in this sense. The debt owed to investors is already dealt with in part by the interest and by the profits enjoyed.

Lobbyists Registration Act June 5th, 2003

Mr. Speaker, I will simply close by saying that Bill C-15, an act to amend the Lobbyists Registration Act, is full of half measures that show us and the general public that the Liberal government sees nothing wrong with the federal government being driven behind closed doors by wealthy corporations to carry on the practice of lobbying, as it has since time immemorial in this place. We are not satisfied that Bill C-15 will clean up lobbying on Parliament Hill.

Lobbyists Registration Act June 5th, 2003

Mr. Speaker, my thanks to my friend from Edmonton for the question. It is the well stated position of the NDP that we believe the ethics commissioner should be an independent ethics commissioner appointed by agreement in Parliament, not appointed by the prime minister. We have stated that over and over again. I think certainly all the opposition parties are in firm agreement that it is the only way the ethics commissioner will be of any use to Parliament. We have seen the experience before with the appointed watchdogs for ethics, et cetera, and we do not believe that is of any value whatsoever.

I appreciate the input and the remarks from the member from Edmonton. We are on the same wavelength on the ethics commissioner. He did not share with us if he believes the enforcement of the lobbyists code of conduct should be a role for the ethics commissioner. Even though it is not my role to ask questions of him, I would be interested to know if the Canadian Alliance would agree that we should be putting more distance between the lobbyists code of conduct and the registrar of lobbyists in terms of the enforcement. It would be an appropriate role for the ethics commissioner.

I would also be interested to know if the hon. member or other hon. members in various parties agree that one of the most advantageous things about having a revamped Lobbyists Registration Act will be the benefit from the elections finances act and the direct correlation. We have good reason to believe that much of the conversation that takes place when a lobbyist is doing his or her job with a senior bureaucrat or a minister, if the lobbyist can get the bureaucrat or minister to Hy's long enough, has to do with the promise of campaign contributions. We certainly have reason to believe there is a direct correlation.

We have seen the experience of business development loans or technology partnership loans. Those businesses that receive what we call corporate welfare are often the same companies that are the most generous to the ruling party, and that is not just exclusive to this current government. Ottawa has operated for many years.

I believe quite strongly that within a very short period of time Canada will be a better place by virtue of the elections finances act and a much more rigid and more tightly regulated lobbyists regime.

Lobbyists Registration Act June 5th, 2003

Mr. Speaker, I am pleased to have the opportunity to join in the debate on Bill C-15. I want to thank other members for their contributions to the debate today. I found them helpful and I learned a great deal.

I want to thank my colleague from Churchill for her energetic and enthusiastic intervention. She touched on a great number of concerns that ordinary Canadians have about lobbyists particularly about having undue influence in our Canadian political system. That is the way I could summarize the apprehensions many Canadians feel.

Canadians feel that there could be a trend and a tendency for lobbyists to have such influence in our Canadian political structure so as to undermine democracy. Many people look at the United States in a critical light and recognize that lobbyists play an incredibly important role on Capital Hill. Most Canadians do not have an appetite to see us going in that direction.

In the American political structure with more independent free votes, more effort is made to ensure that congressmen and senators vote in a certain way because they more or less have to earn the votes one by one instead of along party lines. Many people believe Washington is driven by lobbyists and feel they play an incredibly influential role in how it operates. In that country, a lobbyist is the highest on the pecking order in the sphere of political strength. Canadians do not want to see us going down that road, and that is why they welcome a firm and clear regulatory regime within which lobbyists may operate.

We all recognize the fact that lobbyists play a legitimate role in bringing specific issues to the attention of members of Parliament. The only lobbyists I welcome into my office as a rule are those from the non-profit sector. However, lobbyists do come to Parliament Hill with the legitimate purpose of trying to make members of Parliament more aware of issues of their concern. I think of the effective and legitimate annual lobby of firefighters. There is no self-interest involved in that lobby. It is a matter of health and safety issues et cetera. Many non-profit organizations do knock on our doors on a regular basis.

The lobbyists we need to regulate are those representing personal gain, self-interest, profit et cetera. We do not want our decision-makers influenced in an undue way by the overwhelming influence of these people.

I would like to quote from Democracy Watch, an organization that has been very diligent in following these matters. The coordinator of Democracy Watch, Duff Conacher, commented on the recent Senate committee on rules and procedures as it dealt with the Lobbyists Registration Act. He said:

The federal Liberals proposed lobbying law changes are not enough to end secret lobbying or unethical ties between lobbyists and politicians.

Mr. Conacher was speaking for many Canadians when he said that they do not see enough in Bill C-15 to satisfy them that the regulations are tight enough to put an end to the secret lobbying that we know takes place. We are not being inflammatory or saying anything outlandish when we say that we have reason to believe that secret lobbying takes place without being fully reported. We have reason to believe that there has been and may still be unethical ties between lobbyists and politicians, or as was pointed out by the member for Churchill, even more commonality between lobbyists and senior bureaucrats. It is not necessary that they reach the actual cabinet minister.

It is probably very rare that lobbyists gets through all the various shielding that goes on around cabinet ministers and get to the individual cabinet minister, but certainly they get to visit and see senior bureaucrats with no record and no obligation to make public or to make known those meetings that may take place.

We are not satisfied with the current amendments to the Lobbyists Registration Act. Speaking on behalf of many Canadians, the amendments are not rigid or stringent enough to safely say that we can put an end to secret lobbying or unethical ties.

Some of the key loopholes in Bill C-15 that still need to be closed and that still exist are loopholes that some commentators have said are big enough to drive a truck through in terms of the opportunities that are there for abuse and misuse. I will not go into specific industries, but people have mentioned some industries that concentrate a great deal on lobbying on the Hill such as the drug industry, the oil industry, et cetera. We believe that there is not full transparency in the activities of the paid lobbyists on behalf of some of those key industries.

A key loophole that still remains in Bill C-15, even after the Senate committee has had a go at it, is the fact that ministers and other senior public officials should be required to disclose, on a searchable Internet site, who is lobbying them and ensure that all lobbying is exposed. That is not automatically available. We should know who is trying to influence what minister or what senior bureaucrat at any given time.

Those of us who have the research capabilities could dig back. After a piece of legislation has been introduced some of us who may be curious to know just what motivated the government to introduce that legislation may do some research, track backwards and find which lobbyists have been aggressively pushing for this, but it is not easy and it is not readily available. It certainly is not readily available on any Internet site, as is being proposed by Democracy Watch, so that ordinary Canadians, anybody who could operate an Internet site better than I, would be able to find out who is lobbying who at any given time.

I think it would be very revealing, looking at major capital expenditures such as military investments, specifically the helicopter deal, to see how much lobbying is going on by the various helicopter manufacturers that are trying to sell products to the Canadian government. It is not readily available and it would be very interesting to most Canadians.

We also believe that Bill C-15 leaves loopholes in that hired lobbyists should also be required to disclose past offices that they may have held, if they were a public servant or a politician at one time, or held any other public office. Corporate and organization lobbyists would be required to do so, but we believe that all other individual lobbyists should be required to disclose fully their past c.v. and their track record. Some are obvious. We have paid lobbyists in Ottawa, on the Hill, who are former members of Parliament. I suppose that is a matter of public record. It is fairly self-evident to anybody who follows these things, but we should know if they were at any time senior public servants who may have had dealings with that industry in their capacity representing the federal government.

If those same individuals are now registered lobbyists, we should know because it is too close a connection, it is too tight, and they may be using privileged information or information that they gleaned while they were in the employ and the trust of the federal government. That information could be advantageous to them in their new capacity as lobbyists. Again, we have the right to know that.

We are also concerned about a very specific point. The exemption of section 3(2) in Bill C-15, which amends section 4(2)(c) of the Lobbyists Registration Act, should be removed from the bill because it would allow lobbyists who are only requesting information to avoid registration.

That surely opens the door for abuse. Some lobbyists will be excluded from the obligation to be registered if they say that they are only lobbying for the purpose of getting information from the government. It is a rare thing that an organization or a private interest would hire someone to go to the government just to obtain information. If a person stated that was the purpose for lobbying on the Hill, that person would go under the radar. No one would have to register at all. Who knows what lobbying really goes on once the door is closed and once there is access to the people involved. We believe that specific point should be addressed.

I know it is the purpose of this debate tonight to deal with the specifics of Bill C-15. Therefore the exemption in subclause 3(2) of Bill C-15, which amends subsection 4(2)(c) of the Lobbyists Registration Act, should be removed from the bill. That is the strong view of the NDP caucus.

Also lobbyists should be required by law to disclose how much they spend on a lobbying campaign. That information again is not readily available. If that information were readily available, I think journalists or any interested party, including ordinary Canadians, may be interested to know. Certainly a red flag should go up if there is a huge amount of money being dedicated to a specific campaign, and that is cause for concern. We should be aware that this private interest is so motivated that it feels compelled to spend $.5 million or $1 million on a lobbying effort. The country should know that.

We would want to question the people who have a serious interest in this issue and ask what the motivation is and the opportunity for gain. Perhaps it warrants more scrutiny by parliamentarians and by the general public. I am surprised that is not law already. I learned a great deal just by reviewing the details surrounding the Lobbyists Registration Act, and I think a lot of Canadians believe this is already the case. In fact I think they would be disappointed to learn that we do not already have these safeguards and measures in place to plug any opportunity where there is room for abuse.

Lobbyists as well should be prohibited by law from working in senior campaign positions for any politician or candidate for public office. That raises an interesting point. What about Earnscliffe? Did Earnscliffe not play an active role just recently in a fairly high profile leadership campaign race? Does it not have paid lobbyists? Is that not what it does on Parliament Hill? That is a graphic illustration of an example that we would want to see disclosed. We are aware of that now anyway, so I suppose that particular example does not pose any problem. However in other examples it is not self-evident, with a less high profile situation perhaps.

We believe lobbyists should be prohibited by law from working in senior campaign positions for any politician or candidate for public office. I think one precludes the other. They cannot have it both ways, I do not believe. We are trying to avoid this kind of incestuous relationship.

Also, lobbyists should be prohibited from working for the government or having business ties to anyone who works for the government, such as if a lobbyist's spouse is working for the government. We know there are examples of that as well. The connection is just simply too close. We would speak strongly for making that change to ensure that lobbyists are prohibited by law from working in senior campaign positions or from working for the government or having business ties to anyone who works for the government, business ties or personal ties I would add.

The prohibition on lobbying the government for ex-ministers and ex-senior public officials should be increased to five years, not the current situation. It is too brief. We believe five years would be long enough to span one term of office, one session of Parliament, possibly even one government. The government may change within a five year period. It is too fresh to simply leave such a senior position, like an ex-minister, an ex-senior public official or a deputy minister, for instance, and then 12 months and one day later become a lobbyist.

This is what we found with Chuck Guité, the deputy minister in the Groupaction scandal. He left his job, a senior position, with all the scandals associated with Groupaction. One year and one day later he was registered as a lobbyist for the public relations firm's associations. I do not have the names. He was working on the Hill 366 days after leaving that senior position in public works where he was the one who awarded those very contracts to those very people he now represents. That is too close. There is too much opportunity and room for abuse. That is a good example of a name that should certainly raise the alarm with anyone.

Another point raised by Mr. Conacher with Democracy Watch, and I would argue on behalf of ordinary Canadians, is that he believes the proposed new ethics commissioner to be created under Bill C-34 should also enforce the lobbyists code of conduct rather than the registrar of lobbyists as proposed in Bill C-34. We believe that would prevent any conflict in ruling. That could be a role. If we had an independent ethics commissioner, or even the ethics commissioner to be created under Bill C-34, that person should enforce the lobbyist code of conduct, instead of the registrar of lobbyists, to put more distance and have more objectivity.

I am pleased that a number of presenters raised this connection. I suppose it is not a coincidence that we are dealing with Bill C-15 and Bill C-34 simultaneously in the same week in the House of Commons. I believe there is a direct connection between the campaign finance bill, the elections financing act, and the Registration of Lobbyists Act. Surely people can see that we want to take big money out of politics.

We do not believe anybody should be able to buy an election in this country. We have seen what happens in the United States where big money, soft money and all the terms they use down there has far too much influence, undermines and even bastardizes democracy in that sense. These two are inexorably linked, because one of the biggest promises a lobbyist can bring to a government to buy influence is the opportunity to make campaign contributions.

I see an opportunity in both of these bills to make Canada more democratic, but I also see shortcomings. Bill C-24 does not go far enough and it still allows far too much business contributions. It strips away trade union contributions but still allows individual franchises of the same company to donate $1,000 each, whereas a national union with 100 locals can only donate $1,000. That is my criticism of Bill C-24.

Just to wrap it up then, I believe there is a direct correlation. Bill C-15 does not go far enough in the ways that I have outlined, the seven different points that I have raised. Bill C-24 does not go far enough in that it treats trade union contributions more strictly than it does business campaign contributions. The connection is lobbyists will no longer be able to say that if one favours their client, their client will likely make a large campaign contribution to one's political party. That is a legitimately a good thing. We believe that only a registered voter should be able to make a political campaign contribution. That is what we have done in the province of Manitoba. There is not even any provincial government money to offset the lack of union and business donations. The rule is clean, pure and simple that only a registered voter can make a political campaign contribution, and that is the way it should be.

Committees of the House June 5th, 2003

Mr. Speaker, I thank the member for Regina—Qu'Appelle for the work he has done on this issue since 1998. I note that he was the only member of Parliament who launched a national campaign to alert Canadians to the fact that the banks were planning national, large scale mergers of the few charter banks, and to make them aware and seek input from them as to how they felt about it and if they actually wanted the mergers to take place.

Would the member share with me the view that it is a contradiction for the banks to say that they will be able to provide better service and access to Canadians with fewer outlets in the communities? Does he not see that as an inherent contradiction, that by having fewer outlets they will provide better access? I note that a great deal of the report of the finance committee was about access. Could he comment on that?

First Nations Governance Act June 5th, 2003

Mr. Speaker, that gives me some comfort but it does not change the original point that the right hon. member for Calgary Centre raised.

There was an arbitrary fashion with which amendments put at the report stage were dealt with. The frustration we had as members of the standing committee was because the decorum of the committee descended in such a way that even vulgar language was used at that committee which was offensive to some of us. I know the member for Saint-Hyacinthe—Bagot is particularly aggrieved in this fashion that his mother was insulted. He found it offensive that--

First Nations Governance Act June 5th, 2003

Mr. Speaker, I too am a permanent member of the standing committee. Very briefly I want to share with you how frustrating I find it now. If I understood you correctly, Mr. Speaker, you have more or less said that we now need to go back to the standing committee if we are going to challenge the rules by which amendments can be put, and to make those changes a recommendation should come from the standing committee.

The very point the right hon. member for Calgary Centre was making is that we have now heard four opposition members from four different parties say that the process at that standing committee is not satisfactory and it is not possible for us to achieve satisfaction, Nor is it possible for us to come together as a committee with even enough consensus to come forward to the House with--

First Nations Governance Act June 3rd, 2003

Madam Speaker, I would like to begin by objecting in the strongest possible terms to the process with which we are dealing with this bill, up to and including today. I have 10 minutes to address over 12 amendments that have been grouped together. Many of those amendments I have only seen for the first time short hours ago.

For the record, this entire process of dealing with Bill C-7 has been a sham from the beginning, from the consultation process to the government ramming the bill through the committee stage. Now we find ourselves at the report stage in the House of Commons without adequate time to either prepare or consult with first nations or do justice to the many serious issues that the bill faces, as it pertains to the lives of first nations and the way they conduct their affairs in their communities. It is completely inadequate.

However I am not going to waste what few moments I am allocated on that any longer. Suffice it say, and by way of introduction, Canada's treatment of first nations is this country's greatest failure and surely this country's greatest shame. I believe firmly in my heart that the emancipation of aboriginal people is the great civil rights challenge of our time, and the House of Commons should be giving it the attention that it deserves. It is only once in a generation that a government seems to find the political will to address the terrible shortcomings in the relationship between the federal government and first nations.

Imagine the optimism on the part of first nations when it was suggested that the Indian Act would be abolished and then the profound disappointment when the contents of the bill became known. Profound disappointment was on the faces of the many first nations witnesses who came before the standing committee. They implored the government to listen and to pay attention to their issues and to implement the recommendations they were bringing forward instead of tinkering with the Indian Act, an outdated colonial instrument of oppression, which is what the Indian Act is. It is an instrument of oppression that has been responsible for 130 years of social tragedy. We finally had an opportunity to deal with that bill.

Rather than deal with the Indian Act, do away with it and recognize and acknowledge the inherent right to self-government of aboriginal people, the minister has brought forward measures which tinker with the administrative details of micromanaging in an even more paternalistic way, the most minute details of how first nations govern themselves.

We have to start by addressing some of the misinformation surrounding this. First is the name. It is called the first nations governance act. It is the most incredible misnomer that I have encountered since I have been in Ottawa. We moved an amendment in fact at committee to rename it the “first nations micromanagement act” because that is what it seeks to do. Rather than diminish or reduce the discretionary authority of the minister, it expands the authority of the minister to interfere with the lives of first nations. It has nothing to do with self-governance because it contradicts the very idea of self-governance to impose codes of government on people who have made it abundantly clear that they will not accept them. That is colonialism and nothing else.

The only thing that we need to know in this chamber is that first nations from coast to coast are overwhelmingly opposed to the bill. It would be the height of colonial arrogance for a bunch of white men in suits, with my apologies to the white women in suits who are also here, a bunch of non-aboriginal people to put in place the very rules by which first nations shall be mandated to govern themselves. It is so fundamentally wrong that I ask everyone here to reflect for a moment on what is so tragically wrong with this picture.

I was very pleased to hear the intervention by the right hon. member for Calgary Centre. He hearkened back to a time when there was a more sincere approach taken toward addressing the terrible shortcomings in our relationship with first nations, and that was most recently in and around the time of the Charlottetown accord.

I was honoured to take part in those five ordinary Canadian sessions they had. I also was invited to attend the aboriginal round of the Charlottetown accord. At that time, I saw the former prime minister, the current right hon. member for Calgary Centre, have almost daily meetings with the National Chief of the Assembly of First Nations, Ovide Mercredi. I recently thought what an incredible contrast this was, where the current Minister of Indian Affairs and Northern Development refused to talk to the legitimately elected leadership of first nations in the country.

In fact when the legitimately elected leadership of the first nations opposed Bill C-7, or did not jump onboard the bandwagon, he deliberately circumvented them, bypassed them and refused to deal with them. He claimed he would talk directly to the grassroots. He also claimed there was overwhelming desire to implement the administrative tinkering details; that is the first nations governance act.

It is absolutely fundamentally false that there is support for this bill. In fact the government itself could not find anybody who supported this bill unless it bought and paid for them. In other words, it created brand new aboriginal associations and organizations and co-opted them into it because the legitimate and long-established aboriginal organizations did not want anything to do with it. That is how cynical this whole process has become.

I will not get a chance to address this group of amendments, even though many of them were put forward by the NDP which sincerely wanted to address them. However within 10 minutes I cannot even introduce the subject with which we are dealing. I cannot even give it a proper preface, never mind truly consult with first nations to see if they are in support of these amendments and then bring their opinions and views back to the House of Commons. It is impossible and the government knows it is impossible. It is impossible by design because it is the way the government wanted it.

Members can sense the frustration I feel. I have been trying to faithfully represent some of the input which we have had from first nations people all through this process. Let me quote one of the presenters. I should point out there were 191 presenters opposed and 10 presenters who spoke in a qualified way in support. Those were the numbers of witnesses we heard at the committee.

One of those witnesses from the Keeseekoowenin Ojibway First Nation, Treaty No. 2 of the Riding Mountain Band, stated:

It is simultaneously obscene, ridiculous, and totally unacceptable that at the dawn of the 21st century we would have to be here as supplicants, defending ourselves from colonialism. It is obscene that our children would have to witness us having to protect ourselves in this way, that they will have to live their lives as we have, knowing that they must constantly have to be on the defensive, alert for impositions, and that our elders would be subject to this indignity.

That is one of the profound comments we heard from first nations across the country, and the government is turning a deaf ear to these very real and honest concerns.

It is a missed opportunity of the most tragic epic proportions because we have it in our opportunity to do something about Canada's greatest chain. Instead, we are forfeiting it in favour of more administrative tinkering and more interference in the lives of first nations who have an inherent right to self-determination. It is a travesty.

First Nations Governance Act June 3rd, 2003

And one of them was the minister.

First Nations Governance Act June 3rd, 2003

Madam Speaker, I rise on a point of order. I would like to ask if there is unanimous consent to allow the right hon. member for Calgary Centre to carry on with his speech and go beyond the 10 minute rule for speeches at third reading.