House of Commons photo

Crucial Fact

  • His favourite word was colleague.

Last in Parliament October 2019, as NDP MP for Sherbrooke (Québec)

Lost his last election, in 2019, with 28% of the vote.

Statements in the House

Canada–Madagascar Tax Convention Implementation Act, 2018 February 21st, 2019

Mr. Speaker, I am pleased to rise in the House to speak to Bill S-6, following two of my colleagues who have already spoken on this subject.

At first glance, this bill may seem a bit dull. I will therefore try to be as interesting as possible to ensure that Canadians tuning in know how important these issues are and that there are risks associated with establishing tax treaties with other countries. That is what is at stake here. A new tax treaty is being proposed to us. As we already have 93 of them, this would be our 94th tax treaty. That is not a small number. Consequently, we should not take this new treaty lightly, since it will be one of a series of treaties we have with many countries that have significant tax implications.

All Canadians feel concerned about tax issues because they all file a tax return each year to pay their dues and get all the credits to which they are entitled. They all know that taxation is an extremely important issue related to fairness and justice.

I have said this before, but in our country, we are fortunate to have a tax system that allows the federal, provincial and municipal governments to deliver services to the public. In some provinces, there are even school boards with a tax system. The ultimate goal of taxation is to ensure that the government can operate, but the government's primary focus is to serve the public and provide the best possible services to Canadians. They deserve value for their money, as they say in the business world.

When we buy a product or service, we want value for our money. The same goes for taxation. When we pay taxes to different levels of government, we hope to get our money's worth and get good services. The problem is that some Canadians feel like other taxpayers like them, usually the rich, are getting out of paying taxes by hiding their money either in Canada or offshore.

Some cases involve domestic tax evasion. For example, there are people who work under the table and hide their cash under a rug or in a mattress. We have all heard of that before. In other cases, people hide their money in tax havens. In both cases, the principle is the same, namely to avoid paying their fair share of taxes to the system that helps provide services to all Canadians.

As I have said in other debates on taxation, most Canadians receive more in services than they contribute in taxes. That much is clear when we add up all the services they receive. This means that we have a fair system, but it needs to be even more progressive so that the least well off can still receive the best services.

No one wants to live in a country or a society where a person's wealth determines the services they receive from the government. It is therefore important to make sure that the wealthy contribute their fair share, especially multinationals and Canadian banks, which post record earnings in the billions of dollars every year, and which make use of many tax havens. This is fundamental to preserving Canadians' trust in our tax system.

This is perhaps a brief preamble to the debate we are having on tax treaties, which avoid double taxation.

I will use an example that many Canadians will recognize. Consider a Canadian company that has a U.S. subsidiary or does business there. If that company pays taxes there, where rates are similar or even higher than ours, it will not be taxed a second time when its profits are repatriated to Canada. That is the basic premise of tax treaties, and it is a matter of fairness. If the taxpayer pays taxes in another country, that money should not be taxed a second time when it is brought home. The main purpose of a tax treaty is to avoid taxing the same income twice.

Having said that, this makes sense in the case of countries like the United States, which has tax rates that are comparable to and even higher than ours depending on the state. However, in the case of other countries with which we have tax treaties, we must ask ourselves what the real purpose of the treaty is. Take for instance Barbados, with which we have a tax treaty. Barbados is a small country. For reasons that are still unclear to me, even though I have asked many questions about it, this country ranks third, and sometimes even second, in terms of countries where Canada makes direct investments abroad. This information comes from Statistics Canada. Barbados, of all the countries in the world, ranks third in terms of Canadian investment. After the United States and the United Kingdom, Barbados often ranks third or fourth in terms of our foreign direct investments. We have to ask ourselves why.

The answer seems simple to me. We have an agreement with Barbados to prevent double taxation, and Barbados has a tax rate ranging from 0.5% to 2.5% for foreign companies. We need look no further to understand this. This is not new, but from 1982. It was one of the first international tax treaties we signed.

When we ask questions about this agreement with Barbados, we hear snippets about why, historically, we have this very close relationship with Barbados. It is hard to find it anywhere in writing, but Barbados being Canadian companies' gateway to the rest of the world actually seems to be part of Canada's tax policy. If a Canadian company wants to do business abroad, Barbados is the gateway to those countries with its low tax rates ranging from 0.5% to 2.5% for foreign corporations. A Canadian company that establishes a subsidiary in Barbados will do business with countries from around the world, and since their revenues are reported in Barbados, that is where they are taxed. Instead of being based in Canada, the company uses Barbados as the gateway to the entire world. The government will not admit it but, unofficially, during many discussions, I heard that this tax policy dates back to 1982, and that Canada adopted it because that is what every other country was doing. We are being told that we have to do this because everyone else is. If everyone is doing it, why should Canada be put at a disadvantage by not doing it? That is what we are hearing.

It is extremely important now, more than ever, to have a real discussion and to work together on tax havens, even though the current and former governments have never taken real action on this. More than ever, we need to put an end to these dishonest practices by many taxpayers, especially companies and multinationals, which use shell companies in tax havens all around the world.

Barbados is the preferred tax haven for Canadians. Other countries will have another. We need to put an end to this practice for good. All industrialized countries that are missing out on taxes and whose tax base is incorrect as a result of these practices need to get what they are entitled to. They are owed the taxes that these multinationals generate on their billions of dollars in profits every year. These billions made all over the world are hidden away in bank accounts, in tax havens, to avoid fair and equitable taxation that would be used to provide public services.

The worst is that these companies are often the first to make use of these public services. They are the first to use the infrastructure that our industrialized countries have built. Their employees are the first to use roads, public transit and public services like education and health care. It can therefore be argued that they are taking advantage of Canada. They are taking advantage of Canada's system and of its generosity, and they are then hiding their money abroad, without contributing to our system in return.

What we keep hearing from governments, especially Conservative ones, is that there is not enough money. Fortunately, not all of them are sending that message, but around the world, more and more of them are saying that the money has run out and that governments no longer have the means to provide services to Canadians. Governments are drowning in debt, they cannot balance their budgets, and they have to cut services, yet billions of dollars are being hidden abroad, where they are not contributing to society as they should. We want to see more services, better services, services that benefit everyone, including people in Canada, of course.

That is the crux of the matter. That is why it is important to consider this issue carefully. Far from being a boring bill, Bill S-6 is exciting. The tax convention with Madagascar may enable continued abuse of a convention. I am not alone in saying that tax agreements are being abused. Bill C-82 is being debated at this very moment two floors down in a committee room.

As finance departments officials themselves have admitted, taxpayers can and do abuse tax treaties. That is why Bill C-82 was tabled. It is clear, it has been said in so many words, which is fortunate. I think this was the first time I heard anyone admit it out loud. Earlier I was saying that we often hear things through the grapevine that are never said out loud into a microphone. However, it was said loud and clear that tax treaties do get abused, which is why Bill C-82 had to be tabled and now has to be passed.

My question for the parliamentary secretary, who did not seem to know the answer, was related to that. I actually know the answer to my own question. Bill S-6 follows the old tax treaty model, which, by the government's own admission, produced tax treaties that get abused.

Today we are debating a bill on a tax treaty with Madagascar. In this case, it seems all right. As I said earlier, we do not want double taxation. Madagascar has reasonable tax rates that are comparable to those in Canada. That is fine, but we do not want tax treaties to be abused.

However, Bill C-82 demonstrates that tax treaty abuse is already happening. Also, Bill S-6 seeks to adopt a treaty just like the ones that the Liberals themselves admit are open to abuse. That makes no sense.

They should have taken the time to negotiate the treaty using the new model developed by the OECD to come out with a better agreement. I am not saying it would have been perfect—and I will be saying that in committee—but at least it would have been a step in the right direction. They acknowledge that tax treaty abuse is a possibility, and they are making an effort to close these loopholes in the treaties to keep that from happening. However, by the government's own admission, taxpayers could abuse this treaty.

That is why I wanted to say in my speech today that the government has a responsibility to make a clear commitment to ensure that these conventions cannot be abused over time. As I was saying earlier, a convention with Madagascar is a good idea because its tax rate is similar to Canada's.

However, this does not meant that five years down the road, Madagascar will not become a tax haven or will not change its tax laws to lower the tax rate of foreign companies operating on its territory. We need to ensure that there is a monitoring and control mechanism. We need to monitor the 94 conventions that are in place to ensure that they do not become tax conventions that can be abused. That is extremely important. Unfortunately, the government did not commit to monitor the conventions and ensure that they do not become gateways to tax evasion and aggressive tax avoidance for Canadian companies. As everyone knows, tax evasion is reprehensible and illegal.

The government talks a lot about tax evasion and says it is doing great things to address it, but the Liberals do not have any results to show Canadians.

The Conservatives got zero results in that regard, and they had no intention of doing anything to address tax evasion. For the benefit of Conservatives who may be listening, I repeat, a former minister of national revenue even admitted that tax evasion was not a priority. I did not address that in my speech, but I did mention it in a question I asked my Conservative colleague, although that member made no reference to the issue. Jean-Pierre Blackburn admitted that tax evasion was not a priority.

This government promised to do more to combat tax evasion, but it has no results to show for it either, even though concrete results are all that matter. It is all well and good for the government to say that it is doing what is necessary, it has invested $1 billion and it hired 1,300 auditors, but if there is nothing to prove that the plan is effective, then clearly it is not working. This government does not have the motivation or any real intention of getting to the heart of the problem. The government is actually only scratching the surface.

Since the Liberals took power, there have been three tax and financial scandals: the Bahama leaks, the Paradise papers and the Panama papers. In all three cases, it was determined that many Canadians were involved in these scandals. Today, three years later, no taxpayers have been convicted of tax evasion. Worse still, no charges have been laid against even one taxpayer involved in these financial and tax scandals. This clearly shows that the system is not working and that it is flawed.

Even if they invested $1 billion and hired 1,300 auditors—as the Minister of National Revenue says every day—if the system is flawed, nothing will change. Taxpayers will still be able to shirk their responsibilities. That is the crux of the matter, but the government refuses to see it.

The tax system needs to be reformed as a whole. It is not enough to close a few loopholes here and there. The first version of the tax code was 15 pages long. Today, the code is 1,800 pages long. This is proof that the system is flawed.

Canada's chartered accountants are calling for a comprehensive reform of the tax system. That is what is at issue today, and that is what the government needs to address. Otherwise, investing $1 billion and hiring 1,300 auditors will not change anything. The government must review the Canadian tax code from top to bottom, to simplify it and ensure that everyone pays their fair share. It is often easier to comply with something simple.

I hope that the government will also study this issue. The NDP is committed to reviewing the entire tax code in order to close all loopholes and have a simple tax code.

Canadians expect to receive quality services commensurate with the money they invest in the system.

Canada–Madagascar Tax Convention Implementation Act, 2018 February 21st, 2019

Mr. Speaker, I want to thank my colleague for his contribution to the debate. We could also spend all day talking about the Conservative government's legacy. The Conservatives seem to have forgotten everything that happened before 2015. Even in his own speech, the member mentioned that the Conservatives took tax evasion seriously and devoted considerable efforts to fighting it, yet that is totally false.

If there is one government that was soft on tax evasion, it is the Conservatives. The Liberals are hard to beat on that score, but I have to say that the Conservatives outdid them. That goes without saying. As the minister often reminds us, the former revenue minister, Mr. Blackburn, said himself that tax evasion was not a priority under the Conservatives. I am certain that my colleague and other Conservatives are aware of this.

Could my colleague confirm whether the Conservatives are now making the fight against tax evasion a priority? What solutions would he propose? Apart from stating that it is a priority, the Conservatives need to come up with solutions, as the NDP is doing. How exactly would the Conservatives fight tax evasion? Do they have any solutions, like a total overhaul of the tax system?

Canada–Madagascar Tax Convention Implementation Act, 2018 February 21st, 2019

Mr. Speaker, I thank my colleague for endeavouring to give the House a straight answer. I believe that this is a fundamental issue related to today's debate.

The other question that I would like to ask is whether the government is prepared to continuously monitor tax conventions.

I will come back to the debate on Bill C-82. The one thing the government and its officials have admitted is that tax treaty abuse does occur. Bill C-82 is before us so we can renew and improve tax conventions.

The question I have for my colleague concerns the conventions in general. I would like to know if the government is engaging in any monitoring or some sort of control of conventions to ensure that, over time, countries with which Canada has double taxation conventions do not become tax havens. Naturally, we hope they are not, but we need to ensure that, over time, they do not become countries with low rates of taxation.

Is the government carefully and continually checking that those countries that Canada has agreements with do not become tax havens and that taxpayers cannot abuse these conventions?

Canada–Madagascar Tax Convention Implementation Act, 2018 February 21st, 2019

Mr. Speaker, I thank my colleague for her speech. I am always happy to debate with her.

I would like to come back to Bill S-6, which is before us today.

Bill C-82, which is currently being examined by the Standing Committee on Finance, would renew all tax conventions, if the two countries come to an agreement that, according to the government, is renewed and improved.

We have before us a new tax convention with Madagascar. I have a very specific question about this bill. I would like to know whether the convention with Madagascar uses the same renewed and improved text that is set out in Bill C-82 and whether the government is trying to incorporate it and renew it with all of the other partners with whom we have tax conventions.

Are we in the process of passing a bill that contains the old version or the new version of the conventions?

Business of Supply February 19th, 2019

Madam Speaker, I thank my colleague for his intervention and for supporting our motion calling for an independent public inquiry to get to the bottom of this scandal, which has become surprisingly complex.

I am also pleased to see the Conservatives' new passion for independent, transparent and open committees, rather than in camera meetings. Considering what I experienced between 2011 and 2015, I am surprised to see their new passion for transparent committees. We will see if that holds for the future.

That said, I would like to know whether my colleague, like most Canadians, believes the Prime Minister's version of the facts, since this is essentially about public trust in the Prime Minister and what he says.

Based on the information we have so far, and after everything that has happened over the past week and a half, is my colleague satisfied? Does he believe the Prime Minister's version of the facts, or would he say that he is not satisfied and would like to take this further?

Business of Supply February 19th, 2019

Madam Speaker, perhaps we can give the government members glasses to help them see their colleagues across the way.

The specific question I was asking had to do with Canadians' confidence in the independence of the judiciary. This scandal is clouding judicial independence, which is why we have to shed light on it.

Can my colleague comment on that?

Business of Supply February 19th, 2019

Madam Speaker, I thank my colleague for his speech.

Canadians' confidence in the independence of the judiciary is being called into question, and I have to wonder what the implications are—

Business of Supply February 19th, 2019

Madam Speaker, the short answer is that I completely agree. That is why our motion calls for waiving solicitor-client privilege. That is extremely important. A public inquiry cannot move forward with this veil of secrecy shrouding the former justice minister. Openness and transparency are needed, and that is what is behind our motion.

If the government truly has nothing to hide, as it keeps saying, then when will it lift this veil of secrecy over the former minister of justice and attorney general of Canada?

Business of Supply February 19th, 2019

Madam Speaker, I thank my colleague for that very good question.

As I said earlier, the company directors should personally be brought to justice for their wrongdoing. Unfortunately, that is not what is happening right now. They have managed to get off the hook because of the delays in the legal proceedings. Frankly, the company has to pay for its behaviour in some way.

We cannot give corporations a free pass when they conduct shady business abroad.

It is certainly important that there be consequences for the people involved. I think that in some cases, the company has to take some responsibility for the corporate culture that is at issue. It is not just the individuals who are responsible on the basis of their roles within the company. There is also a corporate culture that is sometimes to blame and that should be overhauled.

The public prosecution service must be given the latitude to determine the best course of action. There is no room for political interference by the government due to pressure from its friends.

Business of Supply February 19th, 2019

Madam Speaker, I am pleased rise after my colleague from Timmins—James Bay to speak to the important revelations that have emerged, some of which came to light last week.

We already had concerns about potential political interference by the PMO and the Prime Minister himself in the case against SNC-Lavalin when we left to go back to our ridings over a week and a half ago. This is a very important criminal case, given that the company has engaged in many rather shady dealings involving corruption in other countries. Many questions were raised at that time which have yet to be answered. No clarification has been given since the first time this allegation was raised a week and a half ago.

On the contrary, many other questions have been raised since we left the House on February 8. At that time, the veterans affairs minister was still in cabinet, but she resigned last week. What is more, the Prime Minister's principal secretary also resigned last week.

Today, the Liberals would have us believe that they have absolutely nothing to hide, that the government is being transparent and that we have to get our answers somewhere else. However, all these events happened within a week, not to mention that the Conflict of Interest and Ethics Commissioner has launched an investigation into the matter, which only happens when there are questions on the issue brought to his attention. Today, I am sure that the government will keep trying to have us believe that this is a non-issue, but that is absolutely not true.

A lot of questions need to be answered. That is why the NDP is calling for an independent public inquiry. What is more, the Liberals used their majority on the Standing Committee on Justice and Human Rights to simply refuse to shed light on whether the Prime Minister's Office interfered with the former attorney general of Canada regarding the SNC-Lavalin trial. This is a fundamental question that deserves answers. Given that the standing committee refused to look into this, we are calling for a public inquiry. Clearly, the Liberal majority has no intention of shedding light on this issue.

In reality, the Liberals are trying to distract us by calling people who are not involved in this issue to testify. They are trying to create distractions to divert our attention. They obviously have something to hide. I find it hard to believe that a minister and the Prime Minister's principal secretary would resign when a scandal broke if they had nothing to hide. That is why we need to shed light on this whole business.

We need to launch a public inquiry to clear up the issue of political interference, because our justice system is founded on the independence of the courts and the Public Prosecution Service of Canada. That independence is enshrined in law. The Attorney General cannot give these kinds of directions willy-nilly, or with a simple phone call. The Attorney General is required to follow clear procedures when giving directions to the Public Prosecution Service of Canada to influence the conduct of penal and criminal prosecutions.

These protections exist for a reason. Our laws are designed to guard against political interference in the judicial process, in order to avoid the slightest suspicion that the justice system might be politicized. That independence is the cornerstone of our system. Today, the independence of the court system is being called into question because of potential, attempted or actual political interference by the Prime Minister, his office and his principal secretary. The public inquiry will determine which one of those it was. For now, we do not know why the Prime Minister's principal secretary resigned, but I believe that launching an independent public inquiry is warranted.

The NDP also feels that we need to consider the employees of SNC-Lavalin. In the wake of this political interference scandal, they are worried about their future, and I can understand why.

That is why the focus today is not SNC-Lavalin, but the Prime Minister's government. His very office has brought the independence of our country's judiciary into question. That is the issue, not SNC-Lavalin, which is currently dealing with legal problems and irregularities with the awarding of foreign contracts. Naturally, this raises questions, but the employees work in good faith to support their families and they do their best every day.

The SNC-Lavalin executives are the real focus. That is why it is important to ensure that the most senior executives of the company, who were involved in the corruption at the time, are brought to justice. It is unfortunate that today we are seeing these executives get off scot-free, even though they have committed serious crimes, because of the administrative delays in the justice system.

I can understand that Canadians are worried about a company getting off so easily in such a terrible case of foreign government corruption. That is why we must absolutely look into this issue and into the political interference in our judicial system. It is extremely important to ensure public confidence. Canadians are increasingly under the impression that the government only looks after the interests of Canada's biggest players, the corporations and their executives. The government seems to listen to them very carefully when they want something. Whether it is SNC-Lavalin or KPMG, for example, the Liberal government seems to lend them a very receptive ear when some of their business practices are called into question.

SNC-Lavalin is a good example. KPMG is another. When push comes to shove, the Liberals always give priority to corporate interests over the interests of workers, as we saw with Sears and GM. They could care less about the workers, which is why we need to be thinking about them today. We must make sure that workers and the public interest are foremost in our discussions and in our minds, in every decision the government makes. It is quite clear that, in many areas, the government cares only about its buddies who give them hundreds of thousands of dollars. In the past, some companies that seem to have this government's ear have sometimes made illegal donations.

The other part of the problem I want to talk about is the political influence that SNC-Lavalin had in the debate on Bill C-74. I was on the Standing Committee on Finance when the bill was studied. I asked the official what motivated the idea of a deferred prosecution agreement, and she seemed to be rather alone and a little unprepared for the many questions from the opposition and the government. The member for Hull—Aylmer asked a number of questions, including some on division 20 of Bill C-74. Although I asked which cases and files could have motivated such a bill, this official was not able to provide a single specific case. She was obviously trying to evade the question, but there was clearly something fishy going on.

This part of Bill C-74 seems to have been drafted for a specific case, namely, SNC-Lavalin. This company had been asking for such a measure for many years, and it kept asking until it was successful. Once this happened, the company continued to lobby to get this bill passed and to make sure that the Attorney General would grant this deferred agreement.

This deferred agreement has not yet been granted, which may be why the former justice minister stepped down. We must adopt this motion today so that we can get to the bottom of this affair and make sure that there was no political interference and that there will not be any under the next government.

I move:

That the motion be amended by adding the following after the word “Act”:

“and to report back to the House no later than May 31, 2019,”