House of Commons photo

Crucial Fact

  • His favourite word was tax.

Last in Parliament March 2011, as Liberal MP for Mississauga South (Ontario)

Lost his last election, in 2011, with 37% of the vote.

Statements in the House

Eliminating Entitlements for Prisoners Act November 16th, 2010

Mr. Speaker, the member made a thoughtful and constructive intervention on this bill, which is going to pass.

We are always looking to learn lessons from how legislation has been crafted. Many members will not be able to fully understand the significant forces which come to play on a matter like this one, where we are trying to surgically remove something without unintended consequences. I have a feeling there probably are unintended consequences. That concerns me. It concerns me when a piece of legislation is motivated by public outrage regarding Clifford Olson as opposed to helping victims of crime.

Not having been able to participate on committee and to discuss this issue with officials or expert witnesses, I wonder if the member would care to advise the House about the charter implications of dealing with some people one way and with others another way. This may be affected by their personal wealth, their name, whatever it might be. It seems to me there may be pressure with respect to charter violations in terms of people not being equal under the law.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act November 16th, 2010

Mr. Speaker, I thank the member for his suggestion. One of the things I have learned about this place is that people think that for every complex problem there is a simple solution, and that is wrong.

Some of the things that we deal with in this place on a criminal justice basis are very similar and probably should be dealt with in an omnibus bill. A number of bills propose changes to sentencing. Rather than having a separate bill for car theft, or another one for some other issue, et cetera, an omnibus bill tends to make the place inefficient. I would agree that if the government was serious about its crime agenda it would have brought like items together. The committee work could happen at the same time and the same witnesses could appear.

The member also raised another interesting point about the government being serious about its justice agenda.

Back in 2005, Internet service providers appeared before justice committee to say that they disagreed with being obligated to report matters related to the exploitation of children on the Internet. In 2006 the Conservatives took office and today we are still debating that bill, all because they want to have a silly, pissy short title for the bill. Rather than dealing with that directly they called an election and prorogued. The bill was Bill C-58 at one time and is now Bill C-22.

This shows that even on a straightforward issue such as dealing with the sexual exploitation of children through the Internet, the government is still spinning its wheels. Since 2006 the Conservatives have been holding up this bill. They are still holding it up just because they want a short title that says they are doing the job and getting tough on crime. This is outrageous. It is irresponsible.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act November 16th, 2010

Mr. Speaker, as you well know, when debate occurs in this place and people raise issues that they believe are relevant to the debate before us, others can also comment on those points that are raised.

The point that was raised by the member for Esquimalt—Juan de Fuca was whether the issues of dealing with the sentencing and whether there was credit for time served in pre-sentencing are the only things we should be looking at in terms of this being a crime bill and the hypothesis that we should be tough on crime.

I wonder how many people have figured out whether or not the motivation of the government to put the bill forward is impacted at all by the conditions in our jails right now and who may be there. Maybe the Conservatives have not thought of who is there who should not be there. Maybe it would change the statistics about who is in our jails, and maybe it might even change our assessment about whether or not we can afford to have more people in our jails without building more jails.These are all related. The bill is very linear in terms of this aspect. The government has come to the conclusion that we need to eliminate the two for one, yet that issue is still relevant in the scheme of how do we address crime in Canada.

We have a situation where the provinces have clearly said that half the people in provincial jails should not be there at all, and the federal justice minister said on the record that half the people in there should not be there. If flowing from this piece of legislation is the consequence that we do not give that credit for time, and all of a sudden people will be spending on average longer periods of time within our penal institutions, this means that if the jails are already bursting at the seams, consequentially we have to build more prisons. At a cost of some $10 billion to deal with a growing prison population, we have to ask ourselves whether or not there is a contribution to faulty thinking by this particular bill.

I raised it, and the example of the provinces just happens to be related to the situation. I happen to know something about that. The member for Esquimalt—Juan de Fuca spent half his speech talking about it this morning, without having been interrupted. I can only assume that the House believes it was relevant then and I still think it is relevant to raise the fact that there are other things to take into account, not only when we deal with the sentencing, parole, house arrest and some of the other things we dealt with, but this is all part and parcel of the strategy of the government on how we address crime in Canada. How do we deal with those who commit serious crimes?

Yesterday the CBC did a special on a white collar criminal who defrauded about 70 clients out of about $25 million, and the Ontario Provincial Police laid charges in the case of the very last person who had been defrauded. Ultimately there was not enough court time, there were not enough resources to deal with that, and the charges were dropped.The person, who is in hiding, got away with fraud of some $25 million. The court officials described it by saying they had two choices: they could deal with someone who took money from people, or they could deal with a rapist and someone who committed serious assault and somebody who committed manslaughter. They had two choices.

When we look at that we have to ask ourselves whether or not it is important for us to deal with issues like recidivism, to deal with things like crime prevention. I have learned a lot about crime prevention from my own community. We have a wonderful crime prevention council, and Mr. Victor Oh took me under his wing and made sure that I was engaged in that kind of stuff. However, it is all related to how we address crime and criminals. It is not enough, in my view, to say we are getting tough on crime. It is not enough just to say, “if you do the crime, do the time”.

It is a slogan but it does not make a lot of sense when we are dealing with people in our jails who cannot be rehabilitated. We do not have the institutions to care for them before they commit a crime, and we certainly do not have the institutions to take care of them when they get out of those places.

I do not want to take up any more of the House's time. I know members would like to get on with dealing with the specific clauses of the bill.

I was motivated and encouraged by the member for Esquimalt—Juan de Fuca who brought to the floor the fact that when we deal with criminal justice issues we have to deal not only with punishment but we have to deal with rehabilitation, reintegration, the whole gamut. We have to make sure there are supports for people so we do not have the recidivism rates that we have had, which continue to add to the growing population in our jails.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act November 16th, 2010

Mr. Speaker, I am pleased to speak on this bill. I was here earlier when the member for Esquimalt—Juan de Fuca spoke eloquently about the need for parliamentarians to deal not only with those who commit crimes but also with those who have committed crimes without their knowledge or understanding. What he was talking about was fetal alcohol spectrum disorders.

Back in 1997, the provinces of Alberta, Saskatchewan, and Manitoba did a survey of provincial institutions and found that approximately 50% of people in provincial jails suffered from alcohol-related birth defects or other alcohol-caused mental defects. Fetal alcohol spectrum disorder, or FASD, is a spectrum of disorders. It used to be called fetal alcohol syndrome or fetal alcohol effects, which had to do with the issue of prenatal consumption of alcohol by women.

In 1997, Anne McLellan, who was minister of justice at the time, rose in her place in response to a question that I posed about people in our jails in circumstances that could not be addressed through the rehabilitation process, because they did not understand that they had a mental deficiency that did not allow them to be rehabilitated. Our justice system is based not just on punishment but also on rehabilitation and re-integration, because people eventually get out of jail.

It was interesting that the member for Esquimalt—Juan de Fuca raised the issue of FASD in the context of this bill, which deals with sentencing people to prison and how much time they should spend there. He mentioned as well that we have to deal with some complex issues, like unreported crime, which is really is mesmerizing.

The other part is that we are planning to spend $10 billion to build more jails. If we were to do the necessary analysis and consultations with our provincial counterparts, we would know that within our jails right now there are people for whom rehabilitation is not possible. Fetal alcohol syndrome is preventable but not treatable, and there is a shortage of institutions to deal with people. Many people who suffer from these alcohol-related birth defects get themselves into trouble.

As a matter of fact, I penned a monograph back in March 2000, which is titled, “Fetal Alcohol Syndrome--The Real Brain Drain”.

Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act November 16th, 2010

Madam Speaker, I want to thank the member for talking a little bit about the root causes of crime, because if the government is going to get tough on crime, it has to understand why it happens.

The member also spoke about fetal alcohol syndrome, which is now called fetal alcohol spectrum disorder because it has broadened. Back in 1997, the Provinces of Alberta, Saskatchewan and Manitoba did a study and a review of their prison systems and the inmates there. They found, startlingly, that 50% of the inmates in their prisons suffered from mental health disorders related to alcohol taken by a mother during pregnancy. That was also confirmed by Anne McLellan, our federal minister of justice at the time.

I would ask the member to elaborate just a little bit further on the need to be tough on crime, but to understand that there are crimes in which rehabilitation of the perpetrator is not possible and that our institutions are failing people who have mental health disorders.

Rehabilitation for people with mental health disorders is learning how to cope with their problem. Institutionalization and assistance, not rehabilitation in a jail, is appropriate.

Would the member agree that the argument also shows why building more jails is not actually necessary, that there is enough room in our jails for the real criminals, and that what we have to do is make sure that in our jails there are not people who should not be in those institutions?

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, the member's question speaks for itself. That is for others to judge.

However, when we have serious issues to deal with in this place, I honestly believe the government looks for ways to milk it. It does not want to pass legislation quickly but wants to drag it through, and if it means proroguing and starting bills all over again rather than reinstating them, then so be it.

This bill requires a substantial number of regulations, which means that the in-force date will not be until governor in council says it is in force. I think it is going to take a long time before the government goes through the process of drafting the regulations and promulgating them and making this bill come into force. The government should have dealt with that. This whole process should have been a lot tighter so that we would have legislation a lot more quickly.

The fact that it is probably going to be another year or so from now before we see this legislation in force shows that the government really is not committed to it. It is just using this legislation for political purposes.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, I respect the member's opinion. I have been here for 17 years and I do know good legislation when I see it.

We have to look at the evidence. We are talking about a bill to deal with the sexual exploitation of children. The member wanted to talk about something else.

In 2005, the justice committee looked at this issue. If we look at the committee transcript, we will see that some Internet service providers actually refused to provide information when they were asked. The prosecutor said they refused to provide information.

That was an identification in 2005 that there was a problem to be dealt with. The Conservatives took over in January 2006, very shortly thereafter, and here we are today still without having passed this piece of legislation that would require Internet service providers to provide information.

If the member believes the government is doing the right thing and is serious about criminal activity, this bill should have been passed a long time ago. The government gets an “F” with regard to Bill C-22.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, I am pleased to speak on the report stage motion of the bill. The subject matter of Bill C-22 was before Parliament shortly before the 2006 election when the current government took over.

It is important to note that since January 2006 when the Conservative government took over, the subject matter of the bill and the importance of a bill dealing with the sexual exploitation of children has been before Parliament, and four years later we still have not passed a bill that could have dealt with this very linear approach to a very serious problem but important enough that all the parties are supporting the substance of the bill. It speaks volumes about the commitment of the government to be honest with Canadians about what its priorities are.

I wish the media would do an analysis and look at how the various justice bills have come forward and have died due to prorogation or due to the 2008 election and what happened to them when they came back. We note first that the government has one member speak on a bill and then nobody else speaks on the government side. Government members are muzzled, handcuffed, and have no authorization to even speak in Parliament about legislation that the government has brought forward unless it is approved by the Prime Minister's office or by the Privy Council office. That is the level of participation in legislative debate that we can expect from government members. They cannot speak. They will not speak. They do not ask questions. They do not care to get involved because they cannot. They have been told not to.

We should look at the facts. For a number of bills, the Conservatives have had an election platform of getting tough on crime and they continue to repeat the theme that they are tough on crime. Then they have all these bills, instead of saying there are a number of areas they would like to deal with in terms of the Criminal Code and then put them together in an omnibus bill, which is normally the case, the four, five or six different areas in which they want to toughen up sentencing, identify new offences, or whatever. The Conservatives put them out there, they table them, but we never hear about them again. They just languish there, and then we go along on other business. What happens? As soon as there is a crisis on some other business, the Conservatives come back with crime awareness week. They get their bills back out there to see if they can distract Canadians from the problem they have somewhere else in legislation so that Canadians will say, “Yes, the government is tough on crime; we like that”. However, it never finishes.

When we had the last election and the prorogation, the options of the government were to be able to bring back a bill that would be repositioned at the stage it was left at when prorogation occurred. Did the government do that? No. As a matter of fact, the Conservatives decided the bills would all start again, or they took two or three of them and put them in one bill. That changed the mechanism with which they were working and they had to start at the beginning. Therefore, all the debate, all the work that was done, all the prep work, all the printing, and all the consultations with all the stakeholder groups was basically set aside and we started again.

Here we are, four years later. What was Bill C-58 last time is now Bill C-22, and what is hanging the bill up is the government.

I would like to read into the record what Bill C-22 would do. Every bill, on the inside cover, states in very distinct terms the purpose of the bill.

It says:

This enactment imposes reporting duties on persons who provide an Internet service to the public if they are advised of an Internet address where child pornography may be available to the public or if they have reasonable grounds to believe that their Internet service is being or has been used to commit a child pornography offence. This enactment makes it an offence to fail to comply with the reporting duties.

It is pretty straightforward. Internet service providers, whether they be individuals or businesses, must report if they become aware, and there are some penalties. For individuals, it could be up to $10,000 in penalties. For corporations, it could be $100,000.

It is not a big deal, but why we are here today and what we are debating is a report stage motion to reinstate clause 1. Clause 1 is a short title. If the media were watching, they would say, and a lot of the members have mentioned, that the short title would be used; the courts would often refer to the short title rather than the long title.

The short title that the government put in Bill C-22 is the Protecting Children from Online Sexual Exploitation Act, compared to Bill C-58, the last iteration of this bill, which stated in clause 1:

This Act may be cited as the Child Protection Act (Online Sexual Exploitation).

As a number of hon. members have said already, this bill does not do that, in terms of being the piece of legislation that is going to deal with sexual exploitation online. It is one aspect, one small aspect of activity that one would expect in a comprehensive, serious strategy to address exploitation of children.

Why would the government do that? It goes back to probably the reason underlying virtually everything the government does. It has not been governing since 2006, it has been campaigning. To the government, everything in this place is slogans: “We are getting tough on crime”; “We are going to deal with protecting children from online sexual exploitation”. But the bill does not do it, because there are other jurisdictions. If the Conservatives were serious about it, they would not trivialize it like this. They would not make us go through another debate on this bill about a clause that supports that the bill would do something that in fact it does not.

How is it that the Minister of Justice gave the opinion to cabinet that the bill is in good form? It is not. It is misleading. It is false. It is deliberately misleading. The government has deliberately misled the House, deliberately misled Canadians. The government seems to lie so naturally. It really does. It looks so very natural. It does not even flinch anymore. It is too comfortable, because it knows it can get away with it. It is time to call the government on misleading Canadians and misleading Parliament, and to take legislation seriously.

The member for Windsor—Tecumseh has given some very eloquent speeches over the years about the need to do a comprehensive review and amendment of the Criminal Code. We did not need 10 bills to adjust the sentencing provisions related to 10 different offences. We could have had one bill dealing with everything the government wanted to do on sentencing, on house arrest, on parole, on the faint hope clause, everything. If we wanted to deal with it, it could have been in one bill.

It is going to be the same committee, and in fact, by and large, the same witnesses who would come for that omnibus bill as it would be for each and every one of those individual bills. But it does not serve the political, partisan reasons that the government is here today. It is not governing, it is campaigning, and we have to call a spade a shovel. The government is campaigning. It is sloganeering. It thinks people are stupid. It thinks Canadians are stupid. Well, Canadians are not stupid. They deserve respect and we should deal with legislation in a responsible fashion.

Maybe the hon. members would like to participate in the debate and defend the change to something that is so misleading. The government members had better start doing their job, or maybe it is time to look for another job.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, the report stage motion before the House is to restore the former clause 1 of the bill that was referred to committee, which states

This Act may be cited as the Protecting Children from Online Sexual Exploitation Act.

If Canadians were advised that this is what the act actually did, they would be very disappointed to find out that this was not a comprehensive, well thought-out, effective strategy to address sexual exploitation of children. What they would find out is that it is merely, merely, an act to require Internet service providers to report it if they become aware of any misuse of the Internet.

I wonder if the member would care to comment on whether or not the government has been honest with Canadians about this legislation, whether or not the government is in fact showing contempt for Canadians by trying to perpetrate this fallacy that the bill does one thing when it does another thing, that the government is being disrespectful of Canadians and that this is actually being done simply for political and partisan reasons.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, the word I am going to remember from the member's speech is “trivialize”, because it really is reflective of how the government approaches legislation and how seriously it takes it.

I want to ask the member about the government's responsibility, and in particular the Minister of Justice, vis-à-vis ensuring that legislation that comes before this place not only is charter proof, but in fact follows all the rules of the game with regard to being legislatively correct. It would appear to me that there is a vast body of opinion in this place, other than the government members, that the claims of the short title are false and misleading.

How is it possible that the government does not take things seriously enough that even something as modest as a short title is not in proper form?