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Crucial Fact

  • His favourite word was military.

Last in Parliament January 2025, as NDP MP for Esquimalt—Saanich—Sooke (B.C.)

Won his last election, in 2021, with 43% of the vote.

Statements in the House

Northern Jobs and Growth Act March 4th, 2013

Mr. Speaker, I am very pleased to rise today to speak to Bill C-47, an act to enact the Nunavut planning and project assessment act and the Northwest Territories surface rights board act.

I am going to take a minute to take a personal detour, because someone might ask why the member for Esquimalt—Juan de Fuca is so interested in this act. The story for me begins 40 years ago. I almost hate to say that out loud. I was a young university graduate, and my first job was in Yellowknife where I had the privilege of working for the territorial government as the superintendent of treaty Indian band membership and the director of vital statistics. Suffice it to say I was way over my head for my age. I had worked in summer jobs as a health researcher and ended up in this very wonderful job in the Northwest Territories.

At that time, the Northwest Territories included Nunavut and was ruled by a commissioner appointed by the Prime Minister. It was just beginning the process of devolution and self-government. I have to say that any of us at that time would be surprised that we are still dealing with these issues 40 years later. Part of what is important about the bill is that it helps, despite its flaws, to bring us forward on those devolution questions that have certainly been dealt with the entire time of my working career.

I decided to go back to university for a graduate degree and started teaching. Then I was persuaded by a very persuasive member of Parliament to come to Ottawa for two years. I was a staff person here at the House of Commons for two years from 1981-83. I do not usually confess that. At that time it was my privilege to be attached as an NDP researcher to what was called the Indian self-government committee or the Penner committee. In that position, I was privileged to travel the entire country with the committee, listening to first nations talk about self-government and what would be needed, both in terms of laws and in terms of resources and development to achieve self-government.

Again, 30 years ago, those who participated in that commission would be very surprised that we would still be standing here talking about and dealing with the same issues, the same lack of resources and the same lack of respect for first nations self-government in this country. Yes, progress is a long road not yet finished.

After having spent two years in Ottawa, I returned to British Columbia because it is hard to keep a British Columbian in Ottawa for more than two years, and the weather outside certainly speaks to that again today. However, when I went back to British Columbia I was involved with a small non-government organization until the time I was elected to Parliament, called Pacific Peoples' Partnership. That non-government organization attempts to build relationships between indigenous people around the Pacific and first nations in Canada, because indigenous peoples all around the Pacific Rim face many of the same problems. Whether we are talking about Australia, New Zealand or Pacific islanders, many of the same problems exist in getting the outsiders, the colonists, to recognize rights and responsibilities they have to first nations.

One could say all of my life I have been involved as a supporter in these issues, not so directly as some of my colleagues here, like the member who spoke earlier, but certainly I remain very interested in these issues.

When I look at the bill, the first thing I would say is, having separated the two territories and having quite different issues, it is a surprise to find them jammed together into the same bill. That may be efficient for Conservative legislative purposes, but it is not efficient for consulting the public and for getting meaningful input from the communities and for separating out those important issues that need to be debated both here in Parliament and at the community level. We would have been far better served with two bills and with a separate consultation process at the local level for both of these bills.

I am also disappointed at the failure of the government to respond to the many amendments that were put forward. Members on the other side have referred to them as the opposition amendments. Yes, it is true we moved them in the House of Commons, but those amendments came from all across the north. They came from northern organizations, which pointed out significant flaws in this legislation, groups like the Nunavut Impact Review Board, Nunavut Tunngavik Inc., NWT Association of Communities, NWT & Nunavut Chamber of Mines and Alternatives North. That is where we got the ideas for these amendments, not things to hold up government business, not things we dreamt up by ourselves, but things that came about from listening to northerners about what needs to happen in the north.

It is hard to understand how many of these very practical solutions could be ignored or rejected by the government. There is an example in this bill of what happens when there is not adequate consultation and when opinions of northerners are not taken account. In 1994, the Yukon land claims agreement was implemented. Now we have amendments in this bill, thrown in with the other two territories, to correct the problems that have existed since 1994 in trying to bring about fulfillment of the federal government's obligations under the Yukon umbrella final agreement.

Why do we have those amendments in the bill? I would argue it is because at that time a different government, a Liberal government, also failed to listen to northerners about all the things that were necessary to implement full recognition of first nations land and treaty rights, and also the devolution of self-government into the territories.

The other reason that I remain interested in this as a member of Parliament is the fact that I have five first nations in my riding. I want to take a little detour into what is happening with land claims and with development issues for the first nations in my riding.

At the far western end of my riding is a first nation called Pacheedaht, led very ably by Chief Marvin McClurg. It is a relatively small first nation, with 259 members. They are in the process, under the B.C. Treaty Commission, of negotiating a settlement to their claims. They are at a common table with the Ditidaht First Nation with whom they share the Nuu-chah-nulth language and culture, but they are not part of the larger Nuu-chah-nulth Tribal Council.

These two small first nations, with very limited resources, are attempting to work their way through this treaty process. They are now in stage four of the six-stage process. They are at the stage of negotiating an agreement in principle. They are focusing on things like parks and protected areas, and recognition of the rights of first nations to hunt and fish in those parks and protected areas. They are also focused on wildlife, migratory birds and fish.

The Pacheedaht, in the meantime, while they are negotiating what we hope will be a final agreement, have become very involved in forestry economic development initiatives. Right now they actually run a wood lot licence, in the San Juan River area, which is very close to their reserve.

The point I am making is that it is the first nations who have created the most jobs in that part of my riding. It is the first nations initiatives in forestry that have put people to work. It is not just first nations people but everybody in that end of my riding who have benefited from the recognition of giving back the woodlot to the Pacheedaht First Nation.

In what I would call the middle of my riding, we have three first nations who are working together in an alliance called the Te'Mexw Treaty Association. These three nations were all signatories to the Douglas Treaties, but they decided there would be a benefit for their nation in negotiating a comprehensive and modern treaty that dealt not just with land issues but with governance issues as well. These are first nations with somewhat larger resources, larger memberships, but, again, they do not really belong to any tribal council. They have come together with two first nations from outside my riding, the Malahat First Nation and the Nanoose First Nation, to form the Te'Mexw Treaty Association.

The largest of these is the T'Sou-ke Nation, located near what we in English call Sooke, led by Chief Gordon Planes. Again, while trying to negotiate a settlement and implement a treaty, they have embarked on a very interesting initiative in the T'Sou-ke First Nation. They had a visioning exercise with their leaders, and their leaders said they wanted to go back to the days when they were self-sufficient, independent and able to stand on their own. They have embarked on what I think is probably the largest solar power initiative in the province of British Columbia. They have proceeded to install solar power on the reserve and will eventually, and in not very much longer, take themselves off the grid and be producing their own power.

What they did in doing that was to train first nations people as solar technicians. They are now supplying services to the surrounding community and helping other people make that transition to renewable and sustainable energy. That is another very good example of what we have to learn in this process of recognizing first nations rights to self-government, and to land and resources, and how much all of our communities could benefit from that.

The third first nation in my riding is the Scia'new First Nation, led by Russell Chipps. They are very much involved in attempting to create employment on reserve by taking advantage of the rural economy around them, where many of the non-first nation people are involved in what we might call hobby farms. They are having trouble finding ways to process the products they are raising. Therefore, there is a very good partnership developing between the Scia'new First Nation and the municipality of Metchosin in an attempt to develop agricultural processing industries that will take things being raised on the hobby farms and make jobs on the reserve for both first nation and non-first nation people.

The fourth first nation in my riding, the Songhees First Nation, is the largest and is located very much in the city. It consists of 547 band members who, unfortunately, lost their long-term and very distinguished chief just less than a year ago.

Again, I want to talk about the vision they had. While trying to get a land claim solved and trying to get the resources they need, they have embarked upon the construction of a very large wellness centre. The wellness centre is going to focus on addiction treatments, recreation and all those things to help people recover, in the first nation, both their sense of selves and their sense of culture.

However, to finish the wellness centre, to finish those jobs in the Scia'new First Nation on the reserve and to finish those initiatives that the T'Sou-Ke has taken, they need to get a comprehensive treaty settlement underway.

We were very happy to see, last week, the announcement of an incremental or an interim treaty agreement that has transferred some land in the interim and some resources in the interim. Again, they are at stage four of the six-stage treaty process, but we have those interim transfers of land and resources.

One of the concerns in my riding has been about a very prominent site in the municipality of Esquimalt, a very prominent corner, where that land has now been transferred to the Songhees First Nation under the interim agreement.

I think it is important for people to realize that in the interim the resources that were transferred have been transferred in fee simple, and so the development that is bound to take place on that corner would be under the same zoning laws, the same regulations and, as any other landowner, they will pay municipal taxes and will receive municipal services.

However, once again it is an important spur to redevelopment of downtown Esquimalt, or the Esquimalt village as it is known, and this is being pursued by first nations under the interim agreement.

The last first nation in my riding is called Esquimalt First Nation, led by a chief I very much respect, Chief Andy Thomas. Esquimalt First Nation has decided not to be part of the treaty commission process. Instead, it has pointed to the Douglas Treaty, saying, “We already have a treaty and that treaty has been ignored”. There has been a failure. There was a failure, at the time, by the colonial government to survey the lands promised, to set aside those lands and to protect those treaty lands. Then, as time went on, those lands were alienated to third parties.

There was a second failure under the Douglas Treaty for the Esquimalt Nation, and that was a failure to pay any compensation when those lands were transferred to third parties.

Therefore, for Chief Thomas, the treaty process is not a new process but very much a question of unfinished business.

That brings me back to the bill we have in front of us today. What it is really dealing with is unfinished business, whether it is the Yukon land claims for which the final settlement needs some amendments, whether it is the Nunavut planning and project assessment act or the Northwest Territories surface rights board act.

Despite our concerns about the failures of the Conservatives to recognize the necessity for amendments to the bill, we will be supporting the bill, as we know that would mean a similar bill will eventually come back to the House of Commons and those 50 amendments will eventually be dealt with in this place. They are necessary to implement the treaty agreements; they are necessary to get on with the business of creating jobs and development for everyone in the north, not just first nations but all residents of the north. We know that when the north prospers, the rest of Canada will also prosper.

I am sad to say I look forward to the day when there is a different government that will bring in the bill and bring back the amendments, which will be a chance to listen to the voices of northerners and first nations people and actually accomplish their goals in the House of Commons.

Public Safety February 28th, 2013

Mr. Speaker, his colleagues seem to have trouble counting and the Minister of Public Safety seems to have trouble listening. The tripartite agreements for 18 first nation police services will expire on March 31, but he has refused to respond to their concerns, except today in committee. In what looked like an accidental moment of honesty, the minister said he thought the funding would continue, but then he retracted and said it was up to the Prime Minister.

Will the minister or maybe the Prime Minister tell these first nation communities today that they will still have police at the end of March?

Canadian Human Rights Act February 27th, 2013

moved:

Motion No. 1

That Bill C-279 be amended by replacing the long title on page 1 with the following:

“An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity)”

Motion No. 2

That Bill C-279, in Clause 1, be amended by replacing line 19 on page 1 with the following:

“identity, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

Motion No. 3

That Bill C-279, in Clause 1, be amended by adding after line 21 on page 1 the following:

“(2) In this section, “gender identity” means, in respect of an individual, the individual’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the individual was assigned at birth.”

Motion No. 4

That Bill C-279, in Clause 2, be amended by replacing line 27 on page 1 to line 3 on page 2 with the following:

“sex, sexual orientation, gender identity, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”

Motion No. 5

That Bill C-279, in Clause 2, be amended by adding after line 3 on page 2 the following:

“(2) Section 3 of the Act is amended by adding the following after subsection (2):

(3) In this section, “gender identity” has the same meaning as in subsection 2(2).”

Motion No. 6

That Bill C-279, in Clause 3, be amended by replacing line 6 on page 2 with the following:

“(4) The following definitions apply in this section.

“gender identity” means, in respect of a person, the person's deeply felt internal and individual experience of gender, which may or may not correspond with the sex that the person was assigned at birth.

“identifiable group””

Motion No. 7

That Bill C-279, in Clause 3, be amended by replacing line 9 on page 2 with the following:

“identity or sexual orienta-”

Motion No. 8

That Bill C-279, in Clause 4, be amended by replacing lines 17 and 18 on page 2 with the following:

“physical disability, gender identity, sexual orientation, or any other”

Motion No. 9

That Bill C-279, in Clause 4, be amended by adding after line 19 on page 2 the following:

“(2) Section 718.2 of the Act is renumbered as subsection 718.2(1) and is amended by adding the following:

(2) In this section, “gender identity” has the same meaning as in subsection 318(4).”

Mr. Speaker, I am very pleased with the ruling that we just heard that allows these amendments to be considered by the full House.

There was a minority in the committee, some of whom we will hear from later on in this debate, who chose to try to shut down the full consideration of the compromise that was reached through intensive discussion among members of all parties in this House.

When this bill was approved at second reading, it was done so with the support of members from all parties, but some had concerns about the bill. Therefore, the promise that I made at second reading was to have talks in good faith among all parties to try to find a bill that could achieve the support of this full House. If these amendments are approved, I believe we will now have that bill in front of us.

As we have just heard, the package of amendments is quite complex, but it really only does two things. Nine amendments are required because of the complexity of legal drafting, but again, only two things are happening here.

The first is that the bill adds the definition of “gender identity”, which we just heard the Speaker read out in the House. The second is that the term “gender expression” is removed from the bill.

I hope this reassures those members who wanted a somewhat narrower bill, a bill that was somewhat easier to explain in public, and a bill that might rule out some of the more extreme concerns or fears that some people had. I believe that if we approve these amendments, we will have that bill in front of us.

There were some concerns about “gender expression” being less well defined in law and that this would somehow open the gates to abusive practices on the basis of the gender identity bill. I will be very frank and talk about the main one of those, which was the concern that somehow people could use this bill to gain illegitimate access to public bathrooms and change rooms in order to commit what would always be criminal acts of assault.

I contacted the jurisdictions in the United States that have had these provisions in place for a very long time. Four of those did reply, those being California, Iowa, Colorado and the state of Washington. All of them reported the same thing: there have been no instances in any of those states of attempts to use the protections for transgendered people for illegal or illegitimate purposes—no incidents, zero, none.

There have been concerns on the other side from members of the transgendered community or those who have gender variant expressions that they wish to carry out. To them I would say that this is a somewhat narrower bill, but we believe that it preserves the essence of the protections we are seeking here, which is that transgendered and gender variant persons should have the same rights as all other Canadians.

If these amendments are adopted, it would be a somewhat narrower bill than that passed by the previous Parliament.

I have to take a moment to pay tribute to former MP Bill Siksay, who brought that bill forward through the minority Parliament. However, the bill died on the order paper of the Senate as a result of an election call.

If we approve these amendments and we go on to adopt this bill, what is it that we would actually be doing here? I am arguing that we are simply completing the Canadian human rights agenda. This bill would create no special rights, no additional rights and no unusual rights, but would simply provide the same rights, no more and no less, to transgendered and gender variant Canadians.

Another argument against the bill has been that it is not necessary to have it, that somehow people are already protected in Canada. I have a legal answer to that, and then I have a practical answer to it.

The legal answer is that we heard from the Canadian Human Rights Commission in committee that it would be very useful to clarify the law by having this explicit mention of transgendered rights in the Canadian Human Rights Act and in the hate crime section of the Criminal Code. It is true that in the past the Human Rights Commission and the tribunal have decided cases involving transgendered Canadians on the basis of sex discrimination; however, as they have pointed out, that is no guarantee that all future cases would meet the test of sex discrimination. Therefore, in order to make sure that all the possible issues that might arise are covered, it would be better to have an explicit statement in both the Canadian Human Rights Act and in the hate crime section of the Criminal Code.

On a practical basis, I find it hard to question the necessity of this bill. Transgendered Canadians are the most discriminated against. There was a study in Ontario which found discrimination in employment to be a severe problem and the rate of unemployment for transgendered Ontarians was 2.5 times higher the rate for all other Ontarians. As well, transgendered Ontarians found themselves concentrated in the very lowest paying jobs, with over 70% of them earning less than $30,000 a year.

In Canada the rate of hate crimes against transgendered Canadians is very high, but even more shocking is the fact that transgendered Canadians are the group most likely to suffer hate crimes involving violence. Therefore, if I am asked on a practical basis if the bill is necessary, I believe it is necessary to end this discrimination and to ensure that transgendered Canadians enjoy the same protections that the rest of us expect in Canada.

If we adopt the amendments and pass the bill, it will make a statement about Canadian values. We all like to believe we are a country where everyone is equal, treated fairly and where no one is left behind. However, we clearly have a case with transgendered and gender varied Canadians for whom that is not true. A public declaration by the House and eventually, I hope, by the Senate, will be a very strong statement to all of Canadian society that this kind of discrimination has to end and that transgendered Canadians have to take their place in Canadian society on the same basis as all other Canadians.

It would mean we could draw on the talents of all of our citizens. We cannot do that when people are economically disadvantaged. We cannot do that when they are afraid to appear in public because of discrimination or violence. We cannot draw on all the many talents they have. Certainly, we would be a stronger, more vibrant nation when we draw on the talents, imagination and abilities of all of our citizens without discrimination against any group.

We know that legislation alone will not be a panacea. We know much work will have to be done if this legislation is approved. However, we have seen the provinces of Ontario and Manitoba adopt similar legislation. It has been in place in the Northwest Territories for a very long time. It is under active consideration now in the province of Nova Scotia and I know that there are talks going on in other provinces about introducing the same kind of legislation into provincial human rights codes.

By approving these amendments and this bill at the national level, we will place ourselves in the wave of change that is sweeping across the country to eliminate one of the last vestiges of legal discrimination and violence against members in our community. I look forward to a Canada where all can participate fully in public life, a Canada where we draw on the best of all of our citizens.

I hope this compromise we reach through negotiation will stand through this debate and hold when we come to vote and that we can join hands with some from the other side and with the Liberals, Greens, the Bloc and those who supported second reading and send this bill to the Senate.

I am hopeful, with some discussions I have had with senators, that it will receive fair consideration there because this will be the second time this kind of bill has passed through the House of Commons. That is a very strong statement. I remain very optimistic that we can demonstrate we can reach across the aisle, work together, reach a compromise and do something for the good of all of Canada.

I know many members of the transgendered community, some who are present here this evening and some who are listening to this debate as it takes place in the House. I am very proud of the work they have done to help move the bill forward.

It is not just from those of us who have the privilege of standing in Parliament, but there has been a lobbying effort across the country. Many transgendered Canadians, many for the first time, contacted their MPs, sat down with them and said that they were part of the community they represented. They asked their MPs to support them when the bill came forward in the House of Commons. I salute the many transgendered Canadians, both individuals and organizations, who participated in the lobbying efforts to get the bill through the House of Commons.

I want to reiterate what a pleasure it has been working with members in all parties to try to come to an agreement which will help advance the human rights agenda in our country to help ensure that transgendered and gender varied Canadians enjoy the same rights that the rest of us do in Canada.

Business of Supply February 26th, 2013

Mr. Speaker, it sounds like there is the same situation in many parts of Canada as we have in my riding, where we have extreme traffic congestion.

Over the last 15 years, as a community association president and as a city councillor, we have worked on two alternative projects: the E and N Rail Trail, and commuter rail on the E and N corridor. In each of those cases, the municipalities have had to spend a lot of time applying for funds, again and again. Under the Liberals, we got nothing. Finally, under the Conservatives there was some funding for these projects, but it was broken into various parts. They have to keep redoing the project and redoing the application. It has been a real burden on local municipalities that have had some very good ideas on how to address the infrastructure deficit.

Public Safety February 26th, 2013

Mr. Speaker, yesterday, when I asked the Minister of Public Safety if he would meet with chiefs on the issue of first nations police funding, he told the House that he had already been doing so. Today, chiefs from Quebec and Labrador have confirmed that he has not met with a single one of these chiefs whose tripartite funding agreements expire March 31.

Therefore, let us try again with the minister. Will he meet with these chiefs who are here today, seeking assurance that their police services can continue to operate after March 31, and will he agree to negotiate new arrangements for stable, long-term funding for first nations policing, yes or no?

Public Safety February 25th, 2013

Mr. Speaker, Conservatives are clearly not listening when it comes to first nation public safety. They refuse to commit to maintaining the funding for 18 first nation police services serving more than 40 communities. This funding runs out in March, but the government has yet to respond to a three-year-old request from the chiefs just for a meeting.

Will the Minister of Public Safety finally commit to this meeting, and will he agree to negotiate a new agreement to provide stable, long-term funding to help keep these first nation communities safe?

Petitions February 15th, 2013

Mr. Speaker, I rise today to table five petitions in support of the passage by the House of Bill C-279, the gender identity bill. These petitions contain over 600 signatures primarily from the provinces of British Columbia and Quebec, which urge the House to complete the human rights agenda and fill this gap in our human rights legislation.

Correctional Service Canada February 15th, 2013

Mr. Speaker, this week, at the ongoing inquest into the tragic death of Ashley Smith, correctional officers testified they were given orders from upper management not to intervene in Ashley's self-harm incidents because “there were too many use of force reports being filed”.

Since Corrections Canada ordered a policy change in July 2001, what has the Minister of Public Safety done to make sure necessary changes have been implemented so incidents like the death of Ashley Smith will never happen again?

Technical Tax Amendments Act, 2012 February 15th, 2013

Mr. Speaker, New Democrats are certainly interested in closing tax loopholes. I was very interested in the parliamentary secretary's comments on amendments introduced by the Liberals that might prevent us from closing tax loopholes.

The hon. member talks about this being 11 years late. However, during the first five and a half years of that 11 years, his party was in government, and I believe that he was a minister. If he believes that these should be introduced every year, what happened during those five years when the Liberals were in government?

It is important that we update our tax code and that businesses have a clear idea of what is expected.

Canada Border Services Agency February 14th, 2013

Mr. Speaker, why are the Conservatives still being so careless with Canada's international reputation?

There are important reasons why Canadian law requires due process for extradition, not the least of which is the rule of law. The Chinese government's legal system, on the other hand, has been criticized for allowing things like coerced confessions and closed trials.

Canadian officials must respect Canadian laws and not serve at the beck and call of the Chinese regime. When will the minister act to put an end to these special order deportations? When will he ensure the rule of law in Canada?