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Crucial Fact

  • His favourite word was forces.

Last in Parliament October 2015, as Conservative MP for Central Nova (Nova Scotia)

Won his last election, in 2011, with 57% of the vote.

Statements in the House

Judges Act June 11th, 1998

Mr. Speaker, I am pleased to rise in the House and speak today on this bill as well. It is always an honour to follow the hon. member for Sydney—Victoria who pointed out that he and I did partake in a protest of sorts in Nova Scotia some time ago. Although I am not prepared to proclaim complete solidarity with the hon. member on political grounds, I guess it is not only politics but professions and personal contacts that sometimes make strange bedfellows as well.

Turning my attention now to the legislation before the House, it is a piece of legislation that we have seen has invoked a great deal of passion and a great deal of provocative commentary within the House of Commons and to some extent a great deal of righteous indignation on the part of some. Much of that I think arises from the issue of the salary increase itself and the fact that judges, as a result of this legislation, will be receiving a significant increase in remuneration.

I think it is important as well to focus on the role of judges and the important task they are charged to perform. Although Bill C-37 does address a lot of other issues such as the commission of salaries and benefits and unified family courts, I think we have to put the salary question in perspective.

We have had an opportunity throughout today's debate and earlier to talk about the important question of the separation of powers in our society. I indicated in earlier remarks and reiterate that judicial independence is definitely the cornerstone of our democracy. There is no question that we in parliament may not always agree with what the courts decide, and there are numerous examples I can think of. The most recent perhaps is the Feeney decision. Parliament has since come to grips with that issue. The broader issue is that there is another body out there, a check on what takes place in parliament.

This body is armed with the charter. The charter has been the subject of much debate in recent years. Parliament once elected, and the important difference being the election of the members of parliament as opposed to the appointment of judges, can at times be heavy handed. Majority governments in particular have a tendency after several years in power or successive mandates to perhaps embark on heavy handed measures which the judiciary may be called on to check. I think that is a very important balance that has to be struck. It cannot be stated often enough or with enough vehemence the importance of having our judiciary independent of the elected body.

On September 18, 1997 the Supreme Court of Canada released a key decision that related to the constitutional requirements of financial security of judges. That decision reinforced the principle of judicial independence and it outlined broad constitutional requirements for the determination of judicial compensation.

The creation of an independent, objective and effective commission is what makes recommendations on aspects of judicial compensation, salaries and benefits possible. This arm's length body, independent of the judiciary, independent of parliament, I think is an important step that this piece of legislation does bring about.

To be independent, commission members must be appointed for a fixed term and the judiciary must nominate one of the members, and to be objective the commission must also use objective criteria to come to its decisions. To be effective, the government must deal with the recommendations of the commission with due diligence and reasonable dispatch.

Bill C-37 creates a body that will in effect set up a commission for any future changes with respect to remuneration. I will be the first to admit that timing in life seems to be everything and the timing of this bill is something that does lead to questions from the opposition, questions from the governing side as well, as to why this piece of legislation is coming through when it is coming through.

The perception out there among the Canadian population may be is this a priority, is this something that should be happening now. Without casting aspersion on the bill, I do cast aspersion on the decision making and the priority setting of this government in the timing of this piece of legislation.

The proposed amendments brought about by Bill C-37 that will, following the supreme court decision, improve the independence and objectivity and effectiveness of salary and benefit remuneration process must be viewed in a positive light. Bill C-37 will also implement the Scott commission's recommendations. The Scott commission recommended that judges' salaries be gradually increased from 8.3% from the date which the salary freeze was lifted, April 1, 1997, and bring about a gradual process rather than a lump sum process.

In the supreme court decision in Beauregard: “Canadian judges are Canadian citizens and must bear their fair share of financial burden of administering the country”. Although judges' salaries will be increased as a result of this piece of legislation, they will obviously be in a tax bracket which will see a significant portion of that salary returned to government, as all Canadians in their various tax brackets.

I certainly share the view echoed in the recent supreme court decision that judicial compensation is a necessary thing when it comes to placing the importance and the significance of the role judges play. I quote from that decision again: “Nothing could be more damaging for the reputation of the judiciary and the administration of justice than a perception that judges are not shouldering their share of the burden in difficult economic times”.

The timing is always questionable. That is perhaps what has led to some of the animosity about when this salary increase is going to be effective. We cannot blind ourselves to the fact that the important role of judges leads to the necessity for making this an attractive job financially.

It has been discussed at the justice committee and it has been raised here in debate that if we are to have individuals willing to give up the practice of law and become appointed and take on that task, there has to be compensation that is at least attractive enough to, in some cases I suggest, result in a pay cut.

I know that what we are talking about here is a salary in excess of $100,000, which is certainly a great deal of money when one considers the average salary of Canadians.

In to Toronto as opposed to New Glasgow, Nova Scotia there is a difference in the salary range. But the suggestion is if we are to have the best and the brightest leave the practice of law and take on the role of a judge, we have to be able to compensate them in a fair way that is at least going to be on par or perhaps in the ballpark of what they were making in private practice.

In deciding what was reasonable, the Scott commission recognized that a complex range of factors had to be considered in establishing an appropriate level of remuneration and that included the need to ensure that levels of compensation did attract the most qualified candidates.

During the hearings in the standing committee I asked on numerous occasions of different witnesses appearing on this issue if salary was an important factor for lawyers in the decision to accept or refuse a judicial appointment. Each and every time, sometimes reluctantly, the answer was yes. It was an important decision.

We can no longer let qualified and excellent private practitioners refuse judicial appointments due to salary alone. If we need to improve the quality of our tribunals and judicial appointments, and certainly this is something we want and strive to do, I believe we cannot simply ignore that salary and compensation is an important factor.

Salaries may very well be one factor but certainly the quality and the process in making those selections is equally important. Although it is somewhat off the topic of this bill, certainly what we want to do is ensure that we do have a process in place that enables input from the various levels of society that are going to be most affected by judicial appointments.

I keep in mind some of the comments made by previous speakers about judges. I am troubled with the perception the Reform Party would leave with the Canadian public on the issue. I am not here to say that all judges are infallible and that decisions are not sometimes bizarre and difficult to understand and stretch the bounds of comprehension. That is one of the human qualities every judge has. We in this House have bad days too. It happens on occasion that a judge makes a terrible decision and that the following day with some circumspect and perhaps a different outlook he or she may have made a completely different decision.

There is no need to engage in what I saw taking place during the debate on this topic that judges themselves are being personally attacked, much in the same way that we see senators personally attacked. It would seem that judges, when they do not religiously follow the Reform Party line, can be denounced as elites. They are denounced as undemocratic and they are described, quoting the words of the hon. member from Wild Rose on March 30, 1998, as greedy little parasitic fraternities that exist across the land.

In my opinion that goes a long way to further undermine public confidence in the judiciary. It does not add anything to the debate.

A basic respect has to exist and this type of personal scathing attack should not occur here or anywhere for that matter. It happens far too often. I think it bears repeating that this is not going to further this debate in any way. There are always those in every profession of whom we will be less than proud but judges, like all professions, are for the majority a number of hardworking professional and committed people who are in the pursuit of justice. That is what is important. They do a very necessary job and at times a very stressful and morally taxing job. We have to try to avoid that type of talk when we can.

There are a number of provincial governments across Canada that have already reacted to the supreme court's decision of increasing judges' salaries. In most cases retroactive adjustments would also have to be made to remedy previous salary cuts and freezes. For the reasons I have outlined, the Conservative Party does not oppose these amendments to the Judges Act to increase the salaries by 4.1% for two years, effective April 1. It is proportionate and we believe it is not a bad thing.

The old expression that you get what you pay for does apply in this instance. The bill also provides for new rules in establishing an independent commission for the responsibility of reviewing salaries and benefits every four years for judges. These rules do not ensure in any certain way that the system will be perfect. However I suggest it goes in the right direction in ensuring that it will be equitable and reflect reality in Canadian society. A four year review seems like a reasonable period of time. The Conservative Party of Canada has concerns that we must always emphasize there will be changes. New proposals may arise. New circumstances may come to light. A four year review process is a necessary step.

As parliamentarians we must also ensure that the commission will be held accountable to parliament and that the process is as transparent as possible. While three members on the commission is a good idea, there will be an appointment by the Minister of Justice, another from the judiciary and the third one by the first two appointees.

One suggestion would be that perhaps the third person should be selected from the bar society. I believe it was the hon. member for Sydney—Victoria that made the suggestion. It is a good suggestion and one that we would support. It would approve accountability and transparency. Another suggestion might be that the Standing Committee on Justice and Human Rights have a hand in making that appointment.

The bill provides for a commission that would report every four years. The report would be presented by the Minister of Justice who in return would bring it to the House and table it here. This improves accountability. It improves input and the process itself is elevated as a result. It is certainly a way of doing what the government often talks about and that is having more transparency. I question whether that is happening to the extent that it could.

Another suggestion would be that the commission could be held accountable directly to parliament. Like the human rights commission which reports directly to the House of Commons and not through the minister, this commission could report directly to the House and therefore be held more accountable. It would also allow the Standing Committee on Justice and Human Rights to review the report in a more significant way.

In summary, with respect to this element of the bill and these amendments pertaining to salary, we see them as positive improvements that perhaps could have been brought about in a different way. The timing could have been different, but I believe it is the beginning of a recognition that in the justice system there is a need for more resources.

I do not disagree with the suggestion about other segments of the justice system like legal aid and crown prosecutors who are presently toiling in Nova Scotia under less than ideal conditions. There is a need to improve the situation of frontline police officers. There is a need to have more children's aid societies and more programs aimed at preventing crime. However I believe this is a start. Perhaps it is the top end when it comes to judges but it is a start.

There is also a very important segment of Bill C-37 which deals with the unified family court. Bill C-37 supports the creation and expansion of the unified family court across the country. The Conservative Party supports the model of a unified family court in part because it allows one judge to resolve all family court issues: issues relating to separation, divorce and custody access. This reduces complexity and delay when its comes to the court. This is a problem that many encounter in the court system today.

It would create a system which would ensure that matters are presided over by experts in the area, judges who have an expertise particularly in the area of family matters which can become very complex and emotionally driven. I see it as a positive step.

Unified family court offers services which include information on family law, educational programs on the effects of separation on children, home studies, referrals to counselling and other community services, information on alternatives to litigation, and access to services that include mediation and supervised visits to homes.

These are areas that we should be focusing on. The bill is a step toward improving our system in family courts. Because these services would be available under one roof, public access would be improved as a result.

From the perspective of the children involved, better long term plans can be expected from these changes; lower levels of conflict; quicker resolutions; greater focus on the impact on children; and increased durability of outcomes with emphasis on integrated services, an intense approach to child protection, child support, custody and access. All these things are viewed positively by the Conservative Party.

Bill C-37 will also appoint 27 new federal judges for the unified family court in four provinces, eight in the province of Nova Scotia. We welcome these additions. These amendments will permit the governments and the provinces to improve legal services available to families.

Regarding the pension itself, Bill C-37 provides for changes to the criteria of the supreme court that allow retirement with a full pension. Judges will now have to be 65 or older and have to accomplish at least 10 years of service on the bench prior to their retirement. The Conservative Party does not have difficulty with that change.

In conclusion, we are encouraged generally that these amendments have been brought about in good faith although we question the timing. We believe there could be other improvements as they pertain to the accountability and transparency of the salary and benefits commission. As a whole we support the bill. We are ready to support it because we believe it is a good thing. The bill will bring about some of the changes that we have had the opportunity to discuss. We are thankful for the opportunity to do so.

Information Commissioner June 10th, 1998

Mr. Speaker, I thank my colleague, the NDP member from the province of Nova Scotia. I congratulate him on the work that he has done prior to his arrival in parliament. I know that he is going to continue to do good work on behalf of his constituents.

With respect to the information commissioner, he has a depth of knowledge that may be of benefit to Mr. Reid at some point. I am sure that if he does not know Mr. Reid, in very short order he will become acquainted with him.

Again I think that the non-partisan commentary that has taken place in the last moments of debate here and throughout the process of selection of Mr. Reid is a very good and a very refreshing start. It is something that we can learn from, to rise above the partisan nature when it comes to these types of appointments.

I am sure the hon. member would agree that we are very hopeful and encouraged that the information commissioner role filled by Mr. Reid will continue in that same vein. Although he once wore the same red uniform of the government, I do not suspect that this is going to factor into his decision making. He has proven himself to be a man of great integrity and a man who realizes the importance of arm's length from government when it comes to the dissemination of information.

Information Commissioner June 10th, 1998

Mr. Speaker, I acknowledge the eloquent remarks that seem to be a common theme with respect to this subject. I think they reflect the non-partisan nature which this process has unfolded.

Certainly Mr. Reid has a lot of the qualities that I think all of us are looking for when it comes to filling this important post.

The question itself is as to the support of the Progressive Conservative Party for individual private members' bills and legislation that is currently before the House. Without knowing the specifics of that particular type of legislation, I am certainly not in a position to wholeheartedly embrace any legislation without having first had the benefit of reading it. Depending on each particular bill, we would have a critic portfolio that would be assigned to look at that bill.

Any legislation tied to the Office of the Information Commissioner in the furtherance of openness and disclosure and transparency that is going to lead to greater confidence in government and greater confidence perhaps in the bureaucracy that surrounds us in this place would certainly be encouraged and supported by members of the Conservative Party.

In light of the debate in the last few days, we have seen that there needs to be a little bit of introspection as to the role not only of government but of backbenchers and opposition and the way in which we interact in this place. The information commissioner may very well be called upon in very short order to be an integral part of that process, when it comes to the interaction and the exchange of information that takes place between all members and other branches of the particular parliamentary precinct that we work.

I thank the hon. member for his comments. I thank the Chair for its indulgence.

Information Commissioner June 10th, 1998

Mr. Speaker, I am very pleased to participate in the debate. I am pleased as well to follow the hon. member for Winnipeg—Transcona as I often find myself in debate speaking on the heels of his remarks.

He has quite fairly and accurately set out or chronicled the events that led to the appointment we have before the House today. I do not intend to delve into any great detail other than to add that I think his chronology is quite accurate. I want the record to show that the Progressive Conservative Party put forward the name of Mr. Reid but in a very informal way.

It is important to note this was not a set in stone process. Suffice it to say the name was very well received and received in a very timely way by the government. As the hon. member mentioned, the timing of his appearance before the committee leads one to believe or at least be somewhat suspect that it was not a new name or the suggestion was not the pivotal factor in the government's decision to bring forward his name.

Be that as it may, we have before us an individual who is obviously very qualified, an individual who will fulfil the very important role of information commissioner. The information commissioner would be an officer of parliament and not of the government. That is a key point. The commissioner will be our commissioner, the commissioner of the Canadian people, the commissioner of this place, this House, not the government's commissioner. In light of that, I was pleased that I was a part of the consultation and part of a process that resulted in this nomination being before the House today.

Earlier speakers have touched upon the fact that we have seen an improvement in the process of the selection of the information commissioner. Although it is not perfect and some flaws still exist, it is an improvement. The hon. member used the expression of baby steps. It is perhaps a little more than that. At least now we have a transparent process that allows members of a committee to directly question the nominated candidate. I refer to him as a nominated candidate but it was really not that formal.

This name came forward as the result of a conversation between myself and the government House leader. I presume a similar conversation took place between the hon. member for Winnipeg—Transcona and the government House leader. The process moved along somewhat differently than it had in the past where the Prime Minister, on the initiative of a party suggestion I would assume, appointed the commissioner.

I do not intend to go through the entire chronology of what happened but there is a necessity in this debate to have a little review of the history of the information act itself. It is a proud history with respect to the involvement of the Progressive Conservative Party.

The Access to Information Act is generally acknowledged as having been sired by the late Ged Baldwin who sat as a Progressive Conservative caucus member from the district of Peace River. Mr. Speaker, you may remember the late Ged Baldwin. Mr. Baldwin began his campaign for the freedom of information legislation in 1969.

The Progressive Conservative government of the Right Hon. Joe Clark introduced the first government sponsored bill for access to information in 1979. Mr. Speaker, you would certainly recall that, being the student of parliament I know you are. The bill, which did not satisfy all of Mr. Baldwin's wishes, did go a long way to setting up what we now have before the House in the form of an information commissioner. Despite the casualty, the unfortunate fall of Mr. Clark's government, this initiative was continued by subsequent governments. The present statute was sponsored and passed by the Hon. Francis Fox in 1982 and was proclaimed into law in 1983.

A fourteen year struggle preceded the point we are at today. It was a struggle to forge what Mr. Baldwin called an unholy alliance of parliament and press and the public versus the bureaucracy. Mr. Baldwin saw the existing statute as a beginning. He placed great faith in the commissioner of parliament to improve the existing law.

After 15 years of experience with the 1983 law, it is generally recognized that the law needs review and improvement. The act was drafted before the explosion of computers, including the appearance of computers even here in the Chamber, and electronic mail which is routinely in use in parliament, and the universal use of the delete button that accompanies every computer. There are certainly new conditions, new physical parameters, electronic and technological advances that perhaps even Mr. Baldwin with his great foresight and knowledge of the use of information could not have foreseen in those bygone years.

These are important issues for us in parliament to address today. I acknowledge in the name of Mr. Reid which is before the House today, that who is better to advance this cause than a former parliamentarian? Who better to understand the needs of parliament itself than an individual who has been elected, a person who understands the system and how parliament works with the expectations and the pressures that come to bear?

I am pleased and state uncategorically that we in the Conservative Party support the nomination and the affirmation of Mr. Reid to this position. The Hon. John Reid has demonstrated an ability to achieve results within parliament. This will be very important in his new role as commissioner and certainly very important in the task he will take on to bring parliament into the 21st century.

He has a record of integrity and independence, a person who has shown he is not afraid to stand up for what he believes in when called upon to do so. He has told prime ministers and party leaders that they were wrong on occasion, perhaps at a cost to his own political career. He does bring a spirit of commitment to access to information, as well as a distinguished history of parliamentary service. I think this will serve parliament well.

Equally important, Mr. Reid is prepared to address the culture of secrecy that sometimes surrounds this place and is ever present in our public service. This challenge is formidable in the sense that we know a great deal of bureaucracy exists. There are times when the information is so extensive and massive it seems it is almost impossible to sort through the volume of information.

As the reports of the previous commissioner have pointed out, it is going to be a very challenging task that awaits Mr. Reid.

In closing, I acknowledge the diligent work of the retired commissioner John Grace. Mr. Grace served the Canadian people well, served the post to which he was appointed very well, and we are grateful to him. We in the Progressive Conservative Party and all Canadians are grateful to the yeoman service he did as the information commissioner. We are content that his vigorous efforts will be continued and strengthened by the appointment of Mr. Reid.

To put some finality on my remarks, I add the names of the caucus of the Progressive Conservative Party of Canada to the list of previous speakers wishing Mr. Reid Godspeed and congratulations for his well-deserved appointment. We hope that he will bring great honour and integrity to his new post.

Supply June 9th, 1998

Mr. Speaker, I rise on a point of order. I believe you will find unanimous consent to deem the question to have been put, a division requested and an order deferred until 10.00 p.m so that we might spend more time debating the next item on the Order Paper. I believe there is unanimous consent, if the Speaker would request it.

Supply June 9th, 1998

Mr. Speaker, I have been listening very intently to the hon. member for Kitchener—Waterloo and I have a great deal of respect for the work that he did within the justice system prior to becoming a member of the House. He has displayed at the justice committee a great depth of knowledge in the area of victims' rights. I know he has made a personal commitment and has been a part of various systems within his riding. He encourages restorative justice. He has spoken very eloquently with respect to victims.

On balance, given a choice of priorities, would the hon. member prefer to see astronomical and staggering amounts of money set aside by his government to further this ill-conceived gun registry? We are talking money in excess of $133 million thus far and the amount is still accumulating as we speak. It will go up to the half a billion dollar mark before this is up and running.

It is not going to impact in any significant way on violent crime. It has been stated time and time again and I think the hon. member will also agree that for crimes committed in fits of passion it will not matter whether a serial number is stamped on the butt of a rifle. Violent criminals are going to be loath to register their guns.

I ask the hon. member this question in a very non-partisan way and on an intellectual level. Would he not prefer to see his government's commitment to justice result in moneys spent in the area of furthering the cause of victims or furthering the cause of front line police officers, to beef up our justice system in that regard? Would he not prefer putting the money into some of the more innovative approaches to justice that he speaks of, some of the preventative programs he has initiated in his own constituency? Would this not further the cause of justice as opposed to this priority decision that has been made on this ill-fated ill-conceived gun registry?

Supply June 9th, 1998

Madam Speaker, I thank my friend for that question. When it comes to impaired judgment, his government has certainly led the way.

With respect to the specifics of his question, the blood alcohol level has been lowered to point zero in a number of countries in Europe. I believe Australia has gone to a zero tolerance with respect to alcohol consumption. The Conservative Party is not suggesting that, although it is certainly something that would deserve a great deal of debate. We are suggesting and I have put the initiative forward that we should consider lowering it to .05. I know that Conservative governments in Manitoba and Ontario are also considering making this change to their provincial legislation.

It is something that is currently before the justice committee. We will be getting into the area of impaired driving in the fall. I hope it will be on the legislative agenda sometime shortly after we get it at committee. I look forward to the hon. member's participation in the debate.

Supply June 9th, 1998

I do not mean to sound alarmist but this is the scope of this legislation. And the interim leader of the Conservative Party is the honorary chair of the rifle association. I know her personally to be a very straight shooter.

I appreciate the question and I look forward to further debate on this issue.

Supply June 9th, 1998

Madam Speaker, I do appreciate the question and the opportunity to answer it.

I know the hon. member himself a former police officer has been very involved in the law enforcement community. I suspect he would be very reticent to suggest that anyone in this House is against gun control or the safe use of firearms.

Bill C-17 as I said in my remarks is the most substantive piece of legislation aimed at the safe handling of firearms and the safe storage of firearms. That is completely different, completely outside the parameters of what Bill C-68 does.

I do want to correct an inaccuracy. The Conservative senators did work in a very substantive way to see that Bill C-68 was not passed. It has never been a derivation from our platform that we did not feel that the registry of long guns was a complete waste of money and it was something that was not necessary. In terms of priorities in the area of justice, it certainly should not be a high priority and it certainly should not be a legislative initiative that is going to cost hundreds of millions of dollars which is what is coming to light. Perhaps it could be a billion dollars before this is over.

Supply June 9th, 1998

Madam Speaker, I want to respond first by thanking my colleague from Chicoutimi for his very kind remarks. I take it as very high praise coming from a parliamentarian such as himself who has continually distinguished himself in this House, regionally and nationally. My father had the honour of serving with him. I take it as a great honour that the member would make those remarks in this place.

To answer his question, if an answer is possible, I suppose it is a question that many in the opposition ask when we see the performance of this government on certain issues. The member has referred to historical decisions that they have made. One might call them hysterical if they were not so far reaching. One might call them hypocritical if one examined the record as to what was said previous to this government taking office. It does lead one to question as to why we have the electoral response that we have and the regional breakdown that exists within this House.

We know there was a great deal of dissatisfaction expressed against the Progressive Conservative Party in 1993. There was a huge price paid for the necessary and brave initiatives that we paid a price for and now this government rushes to take the credit. That is something history will sort out. I suspect that history will be very kind to the Conservative Party. We are hoping that in the very near future the Conservative Party will be restored to government and that is certainly the aim of our party.

We continue to make positive suggestions and positive constructive criticisms of this government in the hope that the environment is going to improve for all Canadians. That ultimately has to be the purpose of an opposition that wants to be credible and wants to one day form a government which we in the Progressive Conservative Party certainly do.