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Crucial Fact

  • His favourite word was police.

Last in Parliament March 2011, as Bloc MP for Marc-Aurèle-Fortin (Québec)

Won his last election, in 2008, with 46% of the vote.

Statements in the House

Immigration and Refugee Protection Act November 19th, 2007

Mr. Speaker, I have noticed in discussions about security certificates that we unfortunately use a misnomer. The majority of individuals who discuss this matter, which is very complex and is covered by various texts that are very poorly written, quickly initiate debates that do not reflect the true nature of a security certificate.

I have to admit that I have not found a better term for them; however, we should understand that security certificates are part of a process whereby two ministers, who deem that a foreign national—but never a Canadian citizen—represents a danger to Canada, ask the Federal Court to issue a removal order. The objective of the process initiated by what are known as security certificates is to obtain a quasi-judicial court authorization to have the individual deported. We must remember that this is a deportation procedure and not a trial.

Canadians' right to live in and to return to Canada is entrenched in the Charter and applies to all Canadian citizens. This process applies only to foreign nationals. Every nation recognizes that it is the right of sovereign countries to admit into their country, at its discretion, the individuals they want and to extradite those they do not want for whatever reason. In general, particularly in a country such as ours that was and continues to be built on immigration, those who are considered dangerous are extradited.

This information is generally obtained from security services that, we must be clear about this, are not police forces. The purpose of security services is to assess threats and to inform the government of these threats so that it may take action. By their very nature, security services begin with suspicions, hypotheses and investigations. They then elaborate scenarios of the most dangerous situations to advise the government of the decisions to be taken. They are not police officers.

When the police investigate a crime, they likely begin with hypotheses and lists of suspects. Sometimes the investigation reveals that some of the suspects did not commit the crime being investigated. Throughout the investigation, they carefully seek new evidence, collect and preserve that evidence, and proceed only once they are sure that the evidence will prove beyond a shadow of a doubt that the person believed to be guilty of a crime, is.

What people have to understand is that in this case, we are not talking about a trial. It is important to note that, as is the case in many countries that are not at all like us, authorities can decide not to ask a judge to review a decision concerning a person deemed dangerous on the basis of information provided to the Minister of Public Safety by security agencies.

In countries that are more like us, including the Commonwealth and western European countries in general, these cases go before a judge. Given that the goal is not to punish but to deport the accused, the burden of proof is not the same.

Many people have suggested that if there is proof that these people are dangerous, they should be convicted.

In some cases, if there is evidence that these people are dangerous and that they have committed a crime, the best solution is to accuse them of those crimes and try them in court. However, we are talking about individuals the government wants to deport, not punish.

The government frequently defends its position by saying that people who are incarcerated here are in a three-walled prison. However, for some people, the fourth wall of their prison is actually a cliff. If removed from that three-walled prison, they may be killed or deported to a country where they will be tortured. That applies to those who have been incarcerated here under security certificates. The others are deported.

There was a case this summer. The Parliamentary Secretary to the Minister of Public Safety mentioned it in his speech. People might remember it. The individual involved had a lot of currency from various countries in his pockets. The security agencies, the ministers and the courts determined that he was dangerous, so he was deported. Those who are kept here are the ones who could be killed or subjected to cruel treatment if sent to another country, so we cannot send them anywhere.

Under these exceptional circumstances—and they remain exceptional—how long will an incarceration last? The government did not want to answer this question. The response given by the court indicated that, under the law, the incarceration or its grounds should be reviewed at least every six months.

Security certificates have rarely been used. However, since 9/11, that fear has emerged among security services. They concluded that some of these people had been sent to the United States and were leading a perfectly normal life, without having to maintain any contact with security organizations and that, one day, they were called and asked to participate in an operation. They were even convinced that many of those who had participated in that operation did not know exactly what they were going to do, but were willing to participate in an illegal or terrorist operation. This is what is known as a sleeper cell. And this fear of sleeper cells means that there is now a greater tendency to use security certificates than in the past.

Thus we are more aware of the limits of the current procedure and the underlying reasons. I must say that, personally, having read the reasons given by the judges, I am convinced that security certificates remain necessary for completely exceptional cases. However, our procedure must be consistent with our principles of law.

Of course, judges had to rule on this on their own. They themselves expressed some concerns regarding the procedure in place, in the absence of advocates. This concern was best expressed by Justice Hugessen. Here is what he had to say, in a speech that has been cited extensively in the case law:

I can tell you because we [the judges of the Federal Court] talked about it, we hate it. We do not like this process of having to sit alone hearing only one party and looking at the materials produced by only one party and having to try to figure out for ourselves what is wrong with the case that is being presented before us and having to try for ourselves to see how the witnesses that appear before us ought to be cross-examined. If there is one thing that I learned in my practice at the Bar... it is that good cross-examination requires really careful preparation and a good knowledge of your case. And by definition judges do not have that... We do not have any knowledge except what is given to us and when it is given to us by only one party we are not well-suited to test the materials that are put before us.

Judges did not like having to make such a decision on their own.

In my opinion, the bill tabled by the government does much to remove the unease of judges, but does not pay the same attention to the pursuit of fairness in this process as did the judges.

For example, there are only a bare minimum of guidelines for the creation of the new position of special advocate and also with regard to the issue of appeals. An appeal will only be allowed if the judge, having heard the government's and the special advocate's representations, upholds the order for removal or incarceration. If the individual cannot be deported, there can only be an appeal on a question of law or general interest raised by the judge.

It is definitely not very reassuring for the person involved to know that the individual who confirms his deportation is also the one who prepares the notice of appeal. I do not understand why the government went so far. A similar burden does not exist anywhere else in our laws. Even when the Crown can appeal only on a question of law, it is still the crown attorneys who prepare the notice of appeal.

In my opinion, the government should have taken the opportunity to carry out an in-depth review of the security certificate process. It should also have taken into account the experiences of special advocates in other countries such as Australia, New Zealand and England. It should also have considered our own experience with special advocates, those who represent certain individuals who file complaints against the activities of our Canadian security services.

The member who spoke before me rightly pointed out that these advocates can remain in contact with the individual who files a complaint, who complains about the security services. They are given secret information and there has never been a complaint that these advocates have communicated these secrets to the plaintiff.

In the French text of the bill, “special advocate” has been translated as “défenseur” or defender. That is an absolutely inappropriate title. The special advocate is not a defender. It is also important to realize that he is not required to maintain the solicitor-client privilege. I do not understand why that is not the case. That means that the individual involved may wonder whether admissions he makes to the advocate, who meets with him to explain his case, may be used against him.

I see no point in eliminating the requirement that the special advocate must keep secret any information shared in confidence by the individual in question. It is difficult to say what the defence will be, because he is not there to defend. He is there to give another point of view.

I also think we should have answered the question left hanging by the court: how long will we hold these people without any proof that they committed a crime? There is no evidence that they conspired to commit a crime. In fact, if they had conspired to commit a crime, the solution would be to charge them and bring them before the courts. All we have are reasons to believe they were here to commit a terrorist act at some point.

For how long? The six months will become another six months, and another. Are we looking at 10 years, 20 years? Some individuals have already been held as long as eight years.

I have a feeling that with the bill before us, the government is looking to do the minimum of what the court is asking. In so doing, it has taken a huge risk. I am absolutely sure that sooner or later the issue will once again end up before the Supreme Court. Furthermore, the Supreme Court may well feel that the measures taken are insufficient and that some aspects are still unconstitutional. Even if that is not the case, we should remember that the Charter of Rights and Freedoms is a charter of fundamental rights. In a country like ours, we surely want our citizens to have more than fundamental rights. For example, with respect to procedural fairness, in a hearing with the potential for incarceration, indefinite incarceration is one of the worst sentences. Even worse is the sentence for murder.

So, we could make a series of amendments without the risk of revealing any secrets of security agencies that should not be revealed. As well, the law does not achieve its goal of deporting from Canada foreign nationals who truly are security risks.

We therefore intend to support the bill in principle.

The government is right when it says that we have to respond to the Charkaoui case. We must respond to the Supreme Court order to improve the process, but we should take the opportunity to make sure this bill does not need to be amended in four or five years. The government should be humble enough to recognize that its proposal is not perfect and that, in a democracy, parliamentary debate is essential to achieve a balance. What we are looking for is a balance between the need for security and respect for the values of procedural fairness.

We are therefore going to propose several amendments. The speaker who preceded me represents a party that used to be in power and used these security certificates. This member suggested several amendments. The fact that this party used these certificates in the past shows that these improvements do not pose a threat to security.

All evidence obtained through torture should clearly be eliminated, and the bill should stipulate that a special advocate's relationship with the person is protected by solicitor-client privilege. The person should be able to choose an advocate with a security status from the Department of Justice list.

The French term “défenseur” should be corrected, because it is not only inappropriate, but misleading. As well, the decision is so important—individuals who cannot be deported to a country where they do not risk the death penalty or torture will be incarcerated indefinitely—that the burden of proof must also be important. The judge must be convinced beyond a reasonable doubt. Special advocates should have the necessary resources to carry out their duties. As well, they should be entitled to all the information concerning the individual, not just some of the information.

The right of appeal should also be extended.

We could improve this bill and pass it quickly, which is what the government wants.

Immigration and Refugee Protection Act November 19th, 2007

Mr. Speaker, I have a question for the member who just shared his opinion with us. I noticed he made many of the same recommendations that we too intended to make. This is not surprising, either, since these are the same recommendations that have been made by many experts in the field.

I understand, however, that one of the government's concerns is the timeframe within which it must have this bill passed before it lapses. I would like to ask the member who just spoke if he really believes that, although the legislation is not perfect—it would be quite a surprise if it were—there is nevertheless a way, with the cooperation of opposition members, to present much fairer amended legislation within the timeframe required by the Supreme Court?

Immigration and Refugee Protection Act November 19th, 2007

Mr. Speaker, I would like to know—as would you too probably—what support the government has in mind for those special advocates. There is nothing in this bill concerning the secretarial or other support services that they may need if they are to examine the reports, which are voluminous, as you know, and can, in some cases, run to a thousand pages.

How is it that the government's bill contains nothing regarding the support that should be provided to these advocates, if the measure comes into effect?

Immigration and Refugee Protection Act November 19th, 2007

Mr. Speaker, in the Charkaoui case, the Supreme Court suggested a number of amendments to the procedure for issuing the deportation order made necessary by security certificates. This becomes a committal order when the person cannot be deported to another country. This is currently the case with those who have been imprisoned for a long time under security certificates in Canada.

The Supreme Court wanted to leave something up to the legislators, to discourage them from always turning to the Supreme Court for a ruling on whether or not laws are constitutional. On a number of occasions in recent years, the court made it clear that it was a little tired of Parliament never taking responsibility and leaving the difficult decisions up to the court. This time it has left us with a difficult decision. And it said that we were required to review this decision every six months.

How long will we review these decisions, in the event that we cannot deport an individual to another country without endangering his life or likely subjecting him to torture? Why have we not answered the question put to us by the court?

Public Safety November 14th, 2007

Mr. Speaker, although police and customs officers are key in the fight against illegal cigarette sales, action from several other departments is required to wage an effective campaign.

These actions must be coordinated by a ministerial committee, which requires strong leadership in order to consolidate and continue the fight against tobacco addiction and against organized crime, which benefits from this illegal trade.

In the name of justice for honest merchants, is the Minister of Public Safety prepared to chair such a committee and to ensure that all necessary measures are taken?

Public Safety November 14th, 2007

Mr. Speaker, the sale of contraband cigarettes has taken off again. According to several studies, contraband is now ranked second in sales in Quebec and Ontario. The federal and provincial governments lose $1.6 billion in tax revenues annually. Physicians for a Smoke-Free Canada has determined that the lower cost of illegal cigarettes threatens progress in the fight against tobacco addiction, particularly among young people.

Is the Minister of Public Safety prepared to ask the RCMP to take vigorous action and put an end to cigarette smuggling?

Criminal Code November 13th, 2007

Mr. Speaker, indeed I believe that it can be extremely frustrating for a backbencher, in an assembly such as ours, to think about a serious issue and to want to bring a solution to it and help settle it. This is surely how the member for Kelowna—Lake Country feels while presenting this bill. I know that he has studied the issue extensively before proposing this legislation. I also think that he has a sincere desire to correct a serious issue that needs to be corrected. However, I submit, with all due respect, that he has chosen the wrong means. This is one of the frustrations that we must live with within a federation, all the more so considering that a majority of our fellow citizens, who elected us here, are very often hardly aware of the problems created by the sharing of powers, or sovereignty, between the various levels of government.

I also want to explain to my colleague what we should do if we want to do what most of the countries he mentioned do. They punish impaired driving and driving with a blood alcohol content over 0.05%. I would suggest that the best solution would be to do as they have done. They consider it an administrative offence, which enables them to impose an immediate punishment that corresponds to the offence and yields the same results he is proposing in his bill. There is, however, one difference, and it is an important one. Because this is the federal Parliament, not a provincial legislature, he cannot legislate for traffic violations, which fall under provincial jurisdiction. Despite the precautions included in his bill, he can do nothing more than use the Criminal Code to add such offences to the criminal records of those convicted. In contrast, in almost every one of the 77 countries he mentioned that punish such actions, this is an administrative offence.

It is also important to point out that all of the provinces have taken action in this regard. Only one had not taken action until recently, but this weekend, Quebec's Minister of Transportation announced that she would be asking Quebec's National Assembly to make it an offence to drive with a blood alcohol content exceeding 0.05%. That means that everywhere in Canada, in all provinces, on all roads, driving with a blood alcohol content over 0.05% will be considered an offence.

Nevertheless, I cannot ignore the statistics quoted by the member for Etobicoke North the first time he discussed this issue. According to those statistics, only 3% of those injured in accidents had a blood alcohol content over 0.05%. In contrast, 67% had no alcohol in their blood at all. I think that the proportion of those injured who had a much higher blood alcohol content was somewhere between 3% and 67%.

In my opinion, prevention and rehabilitation measures are much more effective than deterrence through scare tactics. Deterrence is necessary, but it is much less effective. In Quebec, we have significantly reduced recidivism rates. If a licence is suspended, it is extremely difficult to get it back. To get it back, the offender must take a course on the dangers of drinking and driving, taught through appropriate films, information on alcohol rates, the number of victims, and so on.

Furthermore, offenders must re-take the driving exam to obtain their licence and must pay for all the courses they have to attend. In the end, it is almost like brainwashing. On the other hand, the intention is certainly good: to convince people who have committed this offence and who have been punished not to get their licence back until they have taken these steps.

Aware of the fact that he was using the Criminal Code, the hon. member for Kelowna—Lake Country wanted to reduce the consequences of the use of the Criminal Code for the offender. I appreciate his efforts, but I am not sure he was successful. Nowhere do we see a definition for “criminal record”. The question asked is “Have you ever been charged with or convicted of a criminal offence in Canada?” How is a person with such a conviction supposed to respond? I think that person must answer that they have been convicted of a criminal offence in Canada, even if they have received a pardon.

Furthermore, in this age of computers, how can a record be destroyed? Someone could easily destroy it in Canada and assume that no electronic copies had been made. I have the impression that our neighbours to the south, who collect data on convictions in Canada, would not destroy them. Therefore, it could be harmful. A person convicted of an offence listed in the highway safety codes in various provinces does not have to answer that they have been convicted of a criminal offence. His or her record is not included in the records of criminal convictions.

We share the hon. member's concerns but, the ideal solution, in my opinion, is an administrative one. I also believe that such a solution has the advantage of imposing a penalty in a measured but immediate fashion to the offender. This could mean that he is deprived of his car for a day. I am prepared to recognize that it could be for more than a day. In fact, at one time, in Quebec, we proposed a penalty of up to a month of immediate suspension. This can be done in the case of offences of an administrative nature, but that is not what is provided in the legislation, as it is currently worded.

I understand the limits. It is not because I am a sovereignist in Quebec that I am condemning federalism. Federalism may be very appropriate. In any case, I do believe in a true confederation. This is one of the problems that we have here. We come here, we want to change things, we identify a program, but we do not have the means to do it. The means to achieve these laudable objectives, and particularly to truly implement the measures that the hon. member for Kelowna—Lake Country wants to implement, is a provincial act. It is with this in mind that the way we are going to vote should be interpreted.

The hon. member felt that I asked him a good question, but I am not sure of the meaning of his reply. I understood that the study to which he referred is a theoretical study. In other words, experts have evaluated that, with a blood alcohol level between 0.03 and 0.08, the attention level of a person is seven times lower, or something to that effect. However, I would be curious to know whether there is a study which shows that, in Canada, people who drive their car and who have a blood alcohol level of 0.04 or 0.05 actually pose a problem.

I would like to make one last comment. I will always remember the title of a book. Lise Payette, who, at one time, was a television star in Quebec, and who went on to become the minister who had the National Assembly pass the automobile insurance act, also wrote a book with this very significant title: Le pouvoir? Connais pas!

She too found it very frustrating to be part of a governing body. It must be even more frustrating to be a member of Parliament with a good idea, but not be in the appropriate assembly to propose it.

Criminal Code November 13th, 2007

Mr. Speaker, I would like to ask the hon. member for Kelowna—Lake Country whether he has statistics on the number of people who are believed to have caused accidents while they had a blood alcohol level of less than 0.08%, but more than 0.03%.

Canada Evidence Act October 26th, 2007

Mr. Speaker, I addressed that in subclause 5.

Let us put ourselves in the position of the judge applying the criteria I am suggesting. First of all, what is required? It depends on the circumstances. It could be the outcome of the litigation or it could be a libel suit against a third party.

I do not think that some who commits libel or tries to manipulate the media deserves protection. In examining the criteria set out in subclause 5, we can see that the judge would conclude that he must order that the source be disclosed. However, if we are not sure, we could always make amendments in committee to be certain.

Canada Evidence Act October 26th, 2007

Mr. Speaker, that is a very good question. I had also spoken about bloggers. Even though I use computers, I am not a computer geek.

That depends. I established a fairly broad definition that can be adapted to new technologies. That is why we do not refer to the type of media but rather to the activity of a journalist. In this regard, my colleagues will certainly agree with me that this definition fully covers the journalistic activity and that the journalist is the individual who carries out this activity. A journalist is a person who contributes regularly and directly to the gathering, writing, production or dissemination of information for the public through any media.

I could have easily answered that we are not talking about the occasional blogger. However, out of respect for the member and the question he posed, it could cover the evolution of journalism towards electronic newspapers. In my opinion, that is important.

I would also have expected my colleague to have asked a question regarding “anyone who assists such a person”. This part—“anyone who assists such a person”—concerns the application of this section. You must realize that it is the source we wish to protect and not the journalist.

In other countries where the law has granted this protection to the source, police officers have questioned housekeepers, printers and other persons. That is why it was necessary to insert “anyone who assists such a person” in the legislation. It goes without saying that it is in the context of the preceding definition.

I would like to add something else before answering another question: it must be understood that it is difficult to craft a perfect law from the outset. During the session, the government showed us how difficult that can be. There is every advantage to having a committee examine this matter and make the necessary amendments.