Rodger Cuzner

[Youth Criminal Justice Act, November 26th, 2007]

Mr. Speaker, it is a pleasure to rise today and take part in this debate on Bill C-25. Some excellent points have been brought up through the course of this debate. I hope to add to them.

I bring to the debate 25 years of experience in coaching and working with young people through recreational activities as a former recreation professional. I am comfortable in speaking to the fact that the vast majority of the young people I had an opportunity to work with were very good young individuals. They were fairly focused. They understood the difference between right and wrong. For the most part, they just wanted to make their way in this world and find their own place and in some way try to contribute to whatever they were involved in at the time.

Unfortunately, a lot of these average young Canadians might make a bad decision on occasion. They could be with the wrong group on a particular night or in the wrong place at the wrong time, or whatever the circumstances might be, and sometimes the results are not great. However, I have known a number who have benefited from the current approach to dealing with youth crime.

The Young Offenders Act was improved upon by the legislation brought forward through the Youth Criminal Justice Act, but again we stand here tonight to try to improve it. I am comfortable in saying that the Youth Criminal Justice Act was an improvement over the Young Offenders Act, but there are gaps. There are aspects that certainly deserve to be looked at again and improved upon so we can better deal with these particular issues.

I think crime changes from community to community. Some of my colleagues from urban areas have spoken about their experiences. There is not as much gang related crime in rural areas, not that this is a youth crime, but we do see our share.

We have been very active in my own community in Cape Breton--Canso. The Cape Breton Regional Municipality and the police services board, under the direction of Dave Wilson and Myles Burke, have done an excellent job.

The past chief, Edgar MacLeod, just recently stepped down. He was a leading advocate in this country for community based policing. He did a tremendous amount of work in community based policing and had a very solid line in with the youth of our community. I know that went a long way toward finding out the needs, the wants and the concerns of the youth in our community. I think that is at least the beginning of communication with young people at risk. It is a positive step.

These individuals are to be commended for their efforts.

Our justice critic, the member for Notre-Dame-de-Grâce—Lachine, joined us in Cape Breton, where we sat down with a number of different stakeholders to talk about some of the issues around youth criminal justice and other justice activities. What we heard from most of the stakeholders is that when we are talking about youth, the Nunn report, which has been referred to during the course of the debate, has very significant measures that can go a long way toward ratifying some of the gaps in the Youth Criminal Justice Act.

All of us here in the House know of the terrible tragedy of Theresa McEvoy, a 52 year old mother who lost her life when a 16 year old offender drove his car into hers. It was a terrible tragedy and it was significant because just two days before it happened he had been released from custody.

The young offender had 36 charges against him at the time, but the courts could not hold him. There was miscommunication on the part of those doing the administering, but nonetheless, the officials did not believe they had the power to keep this young person incarcerated, so he was on the streets and that terrible tragedy occurred.

In June 2005 the Nunn commission was struck. Eighteen months later, it delivered its report. I want to read from the report for members. As I have said, the Youth Criminal Justice Act does serve the vast majority of young people in this country very well. Those young people who come in contact with our legal system are very well served by the act. Mr. Justice Nunn said in the report that the act:

--has been highly successful in the manner in which the vast majority of youth is handled....

The challenge is whether the [Youth Criminal Justice Act] in its present form is adequate to deal with that smaller number of repeat offenders that the justice system is concerned with on a regular basis.

Much credence was given to this report. It was an excellent report as it was tabled, but also, there was input from those who deal with those issues on a day to day basis. I want to put this on the record as well. This is a comment from Mr. Justice Nunn's report:

--I must make it absolutely clear and not open to question that all the witnesses I heard--police, prosecutors, defence counsel, and experts--agree with and support the aims and the intent of the act. They accept it as a vast improvement over the previous legislation. All are convinced it is working well for the vast majority of young offenders, though it needs to be fine-tuned to provide effective means to handle the smaller, but regular number of repeat young offenders.

The two issues that are identified more specifically and which we hear about the majority of time when we speak with stakeholders are violent offences and of course repeat offences.

With regard to the violent offences, Justice Nunn boiled it down. His concern was pretrial detention. His concern was that the Youth Criminal Justice Act went too far in restricting any pretrial detention. In order to strike a balance between the rights of young offenders and public safety, he recommended that the definition of “violent offence” be changed to include “endangerment to the public”. That is significant. I am sure that we on this side can support that. His recommendation was the change in that context.

The other issue was repeat offenders. I want to talk about repeat offenders because again we go back to the classic adage that a few apples spoil the whole bunch. I do not think that is uncommon, but the recommendation that came from Justice Nunn, and I know that we on this side can support it, is:

--that the federal government should amend the Youth Criminal Justice Act so that the requirement for a demonstrated “pattern of findings of guilt” is changed to “a pattern of offences”....

In this case, I believe the young man who was involved in the McEvoy tragedy probably would not have been out had that change already been made to the legislation. I hope we will see that as this goes forward.

I believe this legislation as put forward today should go to the justice committee. We should hear expert witness testimony and then it should be brought to the House for a vote. We certainly support the movement of the legislation to committee.

[Atlantic Accord, November 22nd, 2007]

Mr. Speaker, I am sure Nova Scotians will understand if I do not run to the bank with the minister's word.

The officials say that the October 10 arrangements are conditional, that Nova Scotians are held permanently into the new equalization formula.

Today, in the Halifax Herald, the minister himself says that the Atlantic accord has flexibility and that Nova Scotia can opt in or opt out, whatever it wants to do.

We want the Atlantic accord reinstated for the benefit of Nova Scotians.

[Atlantic Accord, November 22nd, 2007]

Mr. Speaker, the tabling of legislation yesterday affirmed what Nova Scotians knew eight months ago, that the government gutted the Atlantic accord. No matter how much the government denied it, it gutted the accords.

This new political salvation scheme it is on now is, at best, marginally better but it does not deliver what it promises.

Will the minister scrap the side deal and reinstate the accord?

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, since coming to the House seven years ago, many moments stand out in my mind. One of the toughest moments was when I and my colleagues, the former minister for ACOA, the member Sydney—Victoria and the natural resources minister, the member for Wascana, boarded the plane and we went to Cape Breton, to my home town. We made the announcement that the federal government was finished in the coal mining business in Cape Breton. It was a tough day. Many of friends were involved in that industry. The impact that had on the community was significant.

However, our community is resilient. We are a tough group. We have moved on from there. As the member has mentioned, we have diversified as a community. I think quite a bit of that was because of a fund and moneys that were invested through his early stewardship through the ACOA portfolio. Therefore, Cape Breton Island has a much more diversified now.

This will be great legislation. Any legislation has to protect the interest of the greater public good. It is important that the legislation does not handcuff industry in moving ahead with these types of opportunities. Also what is important is we protect the health an safety of the workforce.

Does the member believe the legislation does those types of things: protect the public good, unleash the corporate sector, in this case Xstrata, to do what it has to do to develop the project, but still not compromise the health and safety of the men and women who will work on this project?

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, as parliamentarians we are all very much more aware of trying to reduce our carbon footprint. We want to be assured, though, as we go forward that the demand for energy is not going to subside any time soon and that the demand is going to remain high. It is imperative that clean coal technologies be embraced and developed. Canada has an opportunity to be a leader in that field.

Having had the opportunity to go out to the CANMET plant in Bells Corners and seeing some of the things that have been taking place at the NRCan research project, it has been very reassuring and encouraging with CO₂ capturing and sequestration.

My colleague is from Saskatchewan. SaskPower is very much at the fore of a number of different initiatives. I have received a number of emails from people who are concerned about the further use of coal and fossil fuels. I want to reassure people that there are steps being taken and positive things being undertaken. I know the member's province is at the forefront with SaskPower, so he may want to elaborate on some of the great victories it has had in recent years.

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, I am very pleased with the tone of the debate here today and the fact that we have support in principle from all parties. I would like to see Bill C-15 fast-tracked and ushered on through.

I know that my colleague with his legal background is very aware of the history of coal mining in Nova Scotia and Cape Breton. However, the Province of Nova Scotia would be taking on full responsibility for all matters around labour relations and occupational health and safety. We are very much aware of the Westray tragedy. It was an incredible tragedy for the people of Nova Scotia and the entire coal mining community. I had hoped that we had learned from that experience.

Is the member confident that with the regulations there, that the federal government will be able to keep the Province of Nova Scotia's feet to the fire and ensure that matters of labour relations and occupational health and safety are carried out? Is there enough clout on the part of the federal government to ensure that this operation is played out in a safe and practical manner and that looks after the best interests of those who are working with this operation? Does the member believe those safeguards are within this legislation?

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, I thank my colleague from South Shore—St. Margaret's for his comments on this important topic today.

I missed the first couple of minutes of his intervention, but I believe he did speak somewhat about land based coal deposits in Nova Scotia. Being a member from Nova Scotia, I know he is very much aware of the sensitivity around the land based coal deposits. In fact, there is opposition to any type of surface mining, strip mining operation, in the Cape Breton area particularly, Point Aconi, Boularderie and the Port Morien area.

If the hon. member had identified this early in his presentation and if he could clarify with the people who are paying attention to the legislation, that this legislation in no way impacts on land based deposits. It is specifically for those resources under the ocean, from the high water mark out, and that it will in no way encourage strip mining.

The federal jurisdiction does not even apply to the land based deposits. I would like him to comment that in no way would the legislation have any impact on those land based deposits.

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, I agree that having the provincial and the federal governments come together for some kind of an agreement is somewhat monumental. In the period of time that it has taken we have to exhibit patience. I wish the Bloc all the best in seeing this through to fruition.

What I have commented on today is the fact that our opposition party will support the government on this legislation. We are very pleased that the federal government has worked with the province of Nova Scotia to see this through. We think it will provide a great opportunity for the people of our area. We think it will provide a safe and productive workplace for at least 250 people from my community. On this one, it is an example that there are those opportunities where the federal and provincial governments can work together.

In this case, we will support the government, and we applaud it.

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, I know Xstrata has been patient as have the people who have worked on this file. It is always a concern. It was brought up that the project may fall apart if this were not in place. They are saying now that we should get this done and off the table so we know with what we are dealing. They say that the parameters should be set so as we go into this everybody will be on the same page.

The province of Nova Scotia is in the process of putting forward its legislation. It may be done on a parallel track.

I will do everything on this side of the House. I will work with my colleagues and hopefully we can fast track this. If so, everybody wins.

[Donkin Coal Block Development Opportunity Act, November 20th, 2007]

Mr. Speaker, I would like to thank my colleagues across the way from Cypress Hills--Grasslands and Wellington--Halton Hills for their comments on this legislation.

It is good to see this legislation finally come forward. Negotiations between the province and the federal government have been ongoing for a number of years. I think back to the last election and my Conservative opponent at the time said that the foot dragging on the part of the then Liberal government was going to negate a great opportunity to develop the Donkin mine site. He also said that when his party was elected as government, this issue would immediately come forward. Two years later, it is finally coming forward.

It is necessary that this take place. It is certainly what we were working toward back then. There were long, arduous and protracted negotiations between the two levels of government, but the legislation is here today, and it is a positive thing for the people of Cape Breton, for the people of Nova Scotia, and for the people of Canada as a whole.

As my colleagues have indicated through their comments, the history of coal mining in Cape Breton dates back over 300 years. Coal was discovered in Cow Bay, which is now Port Morien. That coal was shipped to Louisbourg and provided heat for the Fortress of Louisbourg during the years of development.

Coal has been mined in Cape Breton for numerous years. It fired up the engines of our navy's boats in both world wars. It has contributed to industry in central and western Canada. Cape Breton coal has powered much of what Canada is as a country. We have a proud and rich tradition of coal mining in Cape Breton.

What we support in Cape Breton is submarine mining and underground mining. There is a great deal of opposition and concern around surface mining. We cannot confuse the two. We want to make that clear. The legislation before us today is about underground mining.

Work started on the Donkin project back in 1970. I will share quickly a story with my colleagues across the way. As a young university student during a summer in the late 1970s, I and three friends took up a contract to help clear the land on the Donkin site. We were paid a certain amount for every acre that we cleared and the pulp that we felled and the brush that we burned. It was during that summer that I realized I was not going to make my living as a woodsman in the woods of Cape Breton. However, it was a great opportunity.

Shortly thereafter, because of the situation with OPEC, Devco pursued the Donkin opportunity. It drilled two tunnels three and a half miles out in the ocean and about 200 metres down. Things changed and the price of coal altered quite a bit on the world market, and the project was shelved and the mines were flooded. Currently, the world price for coal is at an all-time high. It is now about $95 a tonne.

We on this side of the House are very committed to long term, sustainable energy opportunities. Cape Breton is seeing an increase in sustainable energy initiatives, such as Cape Breton Power's incorporating windmills in many places where coal mines used to exist. They are making a contribution to the overall energy package for the people of Nova Scotia, but there still remains a high demand for energy. As has been indicated, 40% of the world's energy still comes from fossil fuels. We cannot be intimidated by that and dismiss coal as a source of energy.

In some of the investments that have been made, it is important that we as the nation of Canada get out in front on some of this clean coal technology. We have certainly done that to date and continue to do it. I had the great opportunity to see the NRCan facility in Bells Corners and some of the work it has undertaken with clean coal technology. It is truly impressive.

We have seen the demand outside our borders, such as in China, and that is only going to increase.

It should be Canadian technology that leads the way in solving the CO₂ problems. We have seen the investment that has been made at the CANMET site in CO₂ sequestration by capturing and sequestering the CO₂ in the ground. The technology has come so far so fast. As a nation we have to continue to invest in that type of technology so that we can continue to decrease our carbon footprint.

In essence, the province of Nova Scotia through this legislation will be the regulator. There will be federal regulations for the site, but they will be applied by the province of Nova Scotia. That will look at resource development, labour standards, occupational health and labour issues. All of those things will be administered by the province of Nova Scotia under this legislation.

As had been mentioned by the previous speaker, Xstrata is currently developing the Donkin site. Xstrata is an international player in the minerals exploitation community. It has the fiscal and technical capabilities of taking on a project of this size. It is a very large, complex mining project under sea considering the dangers of undersea mining. It is the world's largest producer and exporter of thermal coal. It is one of the top five producers of coking and metallurgical coal.

Xstrata has 43,000 employees worldwide. It has operations in Australia, Germany, Norway and South Africa. It is a tremendous player in the coal market. It has an excellent record on health and safety and environmental issues. It is very excited about this Donkin project.

I had the opportunity to speak with Darren Nicholls, the project manager. He shared with me the fact that he could not see this project going any better. The company is very pleased with the way it has gone to date. The company is very supportive of this piece of legislation. It may want to tweak things a bit, which can be done within the regulations, but the company is supportive of this legislation.

It has done a good job since it has come to Cape Breton in getting involved in the community. I was very impressed with that. This past year I had the opportunity to go to Donkin. The Donkin development association just finished a project. It opened a passive park area adjacent to a school, Veterans Memorial Park. Xstrata played a fairly significant role. It worked with the councillor, Kevin Saccary, and a community group of volunteers and developed a park, very much supported by the community. Xstrata stood shoulder to shoulder with community members and helped deliver on this. That is an indication the company cares about the community and is willing to invest in it.

As I had said, the federal position was that federal laws were applicable in this situation and there was an obligation to enforce them. However, it is very pleased that the province of Nova Scotia, wanting to exploit this resource, is entering into a agreement that would address labour relations, labour standards and occupational health concerns.

As well, it has been indicated before that pieces of infrastructure are there now. Rail spurs are there now as well as a deepwater port. However, that comes to another part of what will be necessary with the opening of Donkin mine.

We have a very active port in Sydney, with a coal mixing area. Provincial Energy currently mixes coal at the Sydney harbour site. However, there is a dredging problem. We hope the government will see the merit and the importance, through the Atlantic gateway initiative it is putting forward, of dredging the Sydney harbour.

Currently there is about 45 feet of clearance. Right now it is shipping partial loads with some of its coal transfer. In order to take full boats, we hope the government will be able to invest in Sydney harbour, look at the dredging project put forward by the community and the harbour authority and assist with that. It is more of a bump in the midst of Sydney harbour, but it would go a great way in unlocking the full potential of that harbour.

This initiative would have tremendous benefits for the people of Cape Breton, in Glace Bay and broader areas. We have a rich coal mining tradition. A good friend of mine, Billy Delaney, said that Glace Bay was a child of industry and without it we would be an orphan.

We have come a long way, too. In the late 1990s our unemployment rate was on either side of 25%. Now we are currently down around 12% or 13%. There is still a fair amount of seasonal employment. A lot of guys working out west who are coming home and the money is coming back home. That is not the ideal situation. We still need that anchor industry. Our community understands fully that this is a tremendous opportunity, and we look forward to it. There will be 275 jobs. We know that jobs within the mining sector usually pay 3:1 or 4:1 in other job developments. Therefore, we think that will be a shot in the arm.

I know that some of those guys who are working out west now are looking forward to coming back and resuming mining careers. We have young people who are very interested in getting started in the mining industry. I know the industry will get 275 guys who will make that mine hum and it will be nothing but successful.

We anticipate in the order of $300 million in startup costs for an initiative of this size. As well, the coal royalties will be paid to the federal government and then they will be fully remitted back to the province. We anticipate approximately $5 million annually in coal royalties that will stem from the Donkin project.

Darren Nicholls and the Xstrata people are extremely excited about the legislation coming forward and this opportunity.

I had the opportunity to speak with District 26 United Mine Workers president, Bobby Burchell, just recently. The union is pleased with this as well. It was consulted earlier on this project, back in April and May. No major concerns have been expressed, but the union believes it can address whatever the concerns might be, through the regulations.

Again, it is an important day for the people of Cape Breton—Canso. It is an important day for this broader community. We have been through a lot as a community. We are seeing our economy transition. Things are okay.

During the briefing, the comment was made that it would bring much needed jobs to an economically depressed area of the country, which was kind of interesting. We are past that now. I think the members of the House, who have been to Cape Breton, can see that. I have a colleague from Nova Scotia who can see that. We are not Mississauga or Kelowna yet, but things are going okay. However, this will be a tremendous shot in the arm as we continue. While this is a retooling of the economy, it is the old game coming back that will make a contribution.

Some of the estimates put forward today in the speeches have probably been somewhat conservative, that the mine might operate for 10 years. There is probably potential for even greater operation past 10 years, and some of them have been up to 25 years. They may be ambitious, but nonetheless, with the legislation there is very little we can find that would prove to be any problem whatsoever.

My colleague was asked a question about the Westray incident. I believe the province of Nova Scotia has learned a great deal through the Westray experience. Through consultations, the federal government has clearly outlined its expectations. The province of Nova Scotia will be required to and will administer those regulations to the best of its ability.

It is without reservation that I will work with my party to support the legislation to ensure it goes forward. We hope it will provide a tremendous opportunity for the people of Cape Breton.