Ted Hsu

[Economic Action Plan 2013 Act No. 2, October 28th, 2013]

Mr. Speaker, I preface my question by saying that I do not expect the member to be able to answer this particular fine point, although perhaps he could get advice from the members around him.

My question is about the National Research Council. The bill would reduce the size of the council from 18 to 10. Given the large geographic diversity in this country and the large diversity of research in the natural sciences, engineering, health sciences, and social sciences, should we not have a larger council advising the president at this time of very ambitious, large-scale change at the NRC?

[Indian Act Amendment and Replacement Act, October 25th, 2013]

Mr. Speaker, as the member for Kingston and the Islands, I am the successor to former Speaker Milliken. It is an interesting coincidence, and perhaps not a coincidence, that he remains so present. I saw him in my riding yesterday. I saw him in the lobby for lunch, and I had just heard about a precedent from one of his rulings. I thought I would take advantage at this point to remind the House of the service Speaker Milliken rendered to this body.

It is a pleasure to rise to speak to Bill C-428. I would like to begin by saying that I believe that the decision of the member for Desnethé—Missinippi—Churchill River to bring forward this private member's bill was rooted in good intentions.

There is no question that the Indian Act is the embodiment of failed colonial and paternalistic policies, which have denied first nations their rights and their fair share of resources.

It has fostered mistrust and has created systemic barriers to the self-determination and success of first nations. However, the elimination of these barriers requires the Government of Canada to engage directly with first nations, on a nation-to-nation basis, and to establish a formal process to replace the Indian Act with new agreements.

This private member's bill, no matter how well-intentioned, is not the way forward. This is what witness after witness made crystal clear during the committee hearings. Ms. Jody Wilson-Raybould, representing the Assembly of First Nations at the aboriginal affairs committee, stated:

...I commend MP Clarke's leadership in bringing forward this bill to further stimulate the conversation about what actually needs to be done to move forward. Unfortunately, Bill C-428 is not the solution. We need strong and appropriate governance, not tinkering with the Indian Act, creating perhaps the illusion of progress.

Michèle Audette, President of the Native Women's Association of Canada, stated at committee:

Yes, we need to get rid of the Indian Act, but not this way, not the way it's proposed.

She went on to say:

I urge you, members of Parliament, to withdraw or to abandon this legislation and to please make sure that we will be part of such changes, as community members, as mothers, and for the rest of women across Canada.

During the Crown-First Nations Gathering, the Prime Minister said that his government would not repeal or unilaterally rewrite the Indian Act. However, in effect, that is exactly what this private member's bill, with the wholehearted support of the government, purports to do.

The member for Desnethé—Missinippi—Churchill River is proposing to amend numerous sections of the Indian Act without consulting in any meaningful way with first nations across Canada about the possible impacts of those changes or whether these changes reflect the priorities of first nations.

The member for Desnethé—Missinippi—Churchill River himself, when speaking to the committee, conceded that he, as an individual member of Parliament, has neither the financial nor human capacity to do a proper consultation. He said:

...a private member's bill in the House of Commons does not have the financial or human resources for me to conduct a full-scale consultation....

He went on later to say:

Currently, the federal government has the mandate to do a formal consultation. They have the capacity. They have the budgets. They have the individuals and human resources to do the formal consultation.

Those are the words of the member for Desnethé—Missinippi—Churchill River.

As was made clear by the Federation of Saskatchewan Indian Nations, FSIN, the member for Desnethé—Missinippi—Churchill River even failed to consult substantively with first nations in his own province before he tabled his bill.

In a public statement last fall, the then FSIN Interim Chief, Bobby Cameron, commented on this legislation saying:

There are too many unanswered questions. The FSIN demands meaningful consultation and accommodation before anything is changed or replaced in the Indian Act.

He went on to state:

The private member's bill is a red herring used to distract from the real issues the Conservative government is not addressing, such as comparable education funding, housing, economic development and health care. Appealing and amending the Indian Act will not address these outstanding Treaty issues.

The result of this complete lack of prior consultation was a profoundly flawed piece of legislation riddled with unintended consequences. Even though the government members enthusiastically supported the bill at second reading, they conceded at committee that it required major work.

For instance, a significant portion of the bill was directed at amending portions of the Indian Act that deal with wills and estates. After extensive expert testimony at committee, it became clear that there were numerous unintended consequences, regarding everything from Indian customary adoptions to how a common-law spouse would be treated. With the agreement of the Conservative majority on the committee, the entire portion of the bill dealing with wills and estates was voted down.

There were also serious problems with the repeal of section 85.1 of the Indian Act, which would have created complications for first nations that wish to maintain bylaws prohibiting or regulating intoxicants. This clause also had to be amended to prevent the potentially devastating impact of restricting first nations communities' ability to declare reserves “dry”.

There were many other amendments made at committee to try to limit the potential unintended negative impacts of the original bill, but questions still remain about what still-unknown impacts this tinkering would have. For instance, when the government members and the member for Desnethé—Missinippi—Churchill River tried to fix some of the unintended consequences of the legislation during clause-by-clause at committee, they unintentionally created further problems.

The bill, as presented now, would make various sections of the Indian Act applicable to designated lands in a way that the member for Desnethé—Missinippi—Churchill River never intended. I understand this error is the subject of report stage amendments, but this is simply further evidence that trying to tinker in this way with such a profoundly complicated and important piece of legislation as the Indian Act is reckless and sets a very dangerous precedent.

I urge members to heed the warnings of first nations leaders that, regardless of any positive intentions behind this private member's bill, this is not the way to move beyond the outdated and colonial Indian Act.

[Kingston Penitentiary, October 25th, 2013]

Mr. Speaker, Kingston Penitentiary opened 32 years before Confederation in 1835. After 178 years of continuous operation, the Pen, or “KP”, as this national historic site is locally known, officially closed on September 30.

I want to recognize the generations of Kingstonians who have worked at KP. They held the often stressful jobs of running the prison or serving as guards, doctors, nurses, teachers, counsellors or chaplains. May their work be remembered and their legacy be preserved.

I also want to honour all of the staff and leadership of the Correctional Service Canada Ontario Region, including the members of the Union of Solicitor General Employees, and the Union of Canadian Correctional Officers who, under difficult circumstances, executed and continued to manage the regional effects of this closure.

Finally, let us remember those offenders at KP who did turn their lives around; there is no achievement more worthy of our joy.

[Science and Technology, October 22nd, 2013]

Mr. Speaker, middle-class Canadians expect the government to ensure safe and healthy communities in which to raise their children. However, in a report released yesterday, half of federal scientists report being aware of actual cases in which the health and safety of Canadians has been compromised because of political interference with their scientific work in which their department or agency suppressed information.

How could we possibly entrust the health and safety of our kids to the Conservative government?

[Election of Committee Chairs, October 21st, 2013]

Mr. Speaker, as we start the second session of Canada's 41st Parliament, I would like to thank my family, especially my spouse Tara and our daughters Ella and Vera-Claire, who sacrificed to support me so I could serve the people of Kingston and the Islands as a member of Parliament.

Today I am pleased to speak to Motion No. 431, moved by my hon. colleague from Saskatoon—Humboldt, which is intended to “consider the election of committee chairs by means of a preferential ballot system by all the Members of the House of Commons” similar to that recently implemented at Westminster, and to allow for proposals to adopt similar changes in this House.

I would like to begin by saying that I feel a bit uneasy when I am introduced at riding events as the Liberal member of Parliament for Kingston and the Islands. I have chosen the Liberal Party, because I believe that a Liberal government is what is best for the country. However, my duty is to represent my constituents in Kingston and the Islands here in the House as well as to say and do what is best for the country. I am their member of Parliament. I am not simply the Liberal Party's presence in Kingston and the Islands.

I tell people that we in the House, from all parties, are here to keep tabs on the government of the day. Every well-functioning democracy has a division of powers and checks on the power of any one person or branch. As a legislature, we are supposed to check the power of the executive branch, even as ministers of the Crown are drawn from our ranks. Committees of the House of Commons are critical tools of this legislature. If we presume to hold the executive to account, we must have a functioning independent committee system that merits the public's trust and confidence.

The Standing Orders tell us that committee chairs are elected by secret ballot from among the members of the committee, but the Standing Orders do not fully reveal reality. The current reality is that committee activities are often directed by the executive branch of government, and a parliamentary secretary for a minister of the Crown often sits on the committee and guides its work. That work includes going to great lengths to protect the government of the day when, for example, committee meetings are taken in camera to protect the government from embarrassment. This is over a decade after the member for Calgary Southwest said, ”Standing committees of the House should not simply be extensions of the Prime Minister's Office”.

Committees are not as independent as they could be, but then, committee membership and committee chairs are determined by the executive branch or by the leadership of opposition parties, who, to be fair, may be thought of as executive branches in waiting. Much of what happens in the House is determined by the leadership of political parties. They may have what they believe to be the best interests of the country at heart, but we have been elected not only to say and do what is best for the country, and that is why we support our political parties and work as a team here in Ottawa, but to represent our constituents. Therefore, Parliament and its committees must be more than fields of battle between political parties.

Fortunately, there are those who see that the balance of power has moved too much in favour of the party leadership for the good of Canadian democracy. I believe that the member for Saskatoon—Humboldt is one. I am one. Another one is the leader of the Liberal Party, the member for Papineau, who has talked about loosening the grip of the Prime Minister's Office on Parliament. He said “...we will...strengthen the committee system,...we will strengthen the role of committee chairs and create a more robust system of oversight and review for members from all parties...”.

The election of committee chairs by a preferential ballot, by a ballot that would be a secret ballot, according to the statements by the member for Saskatoon—Humboldt, would have the potential to make the chairs and their committees more independent of the government of the day and more effective.

I acknowledge the caveats that have been raised by colleagues speaking to this motion in the last session of Parliament and today, and that is the requirement that certain chairs be filled by members of the official opposition, the need for the preferential ballots to be secret, the risk of gender and regional imbalances and the need for the study by the committee to address these concerns.

I do not claim to know the full implications of the idea that we are talking about today nor to what extent it would nudge the balance of power in the House back toward elected members of Parliament, but it is a good step to consider.

I do not claim to know the best manner by which a modification of the Standing Orders could implement this idea, but I trust hon. members who serve on the Standing Committee on Procedure and House Affairs will make their best efforts to find it. That is and should be how our committees support our work in the House.

I therefore support Motion No. 431 and thank my hon. colleague from Saskatoon—Humboldt for his initiative. I hope it will lead to a continual effort to improve how Parliament works to serve Canada.

[Election of Committee Chairs, October 21st, 2013]

Mr. Speaker, I would like to ask for unanimous consent for the following motion: that at the conclusion of today's debate on private member's business Motion No. 431, this motion be deemed adopted.

[Canadian Economy, October 17th, 2013]

Mr. Speaker, my hon. colleague spoke about the youth employment strategy in his speech. I am glad that he spoke about this program, which was introduced under a Liberal government. As I said earlier, since the spring of 2006 the number of youth who have been helped by this program has decreased by 48%, so that is not consistent with the claims that my hon. colleague has made. I am wondering if he could comment on that.

[Petitions, June 18th, 2013]

Mr. Speaker, the last petition I have is from my constituents from Kingston and the Islands regarding corrections.

They are calling on the federal government to adopt rational best practices, including the avoidance of double-bunking in order to reduce recidivism, to improve the rehabilitation of offenders, to improve public safety and to avoid wasting money.

[Petitions, June 18th, 2013]

Mr. Speaker, there are two petitions from my constituents of Kingston and the Islands concerning genetically modified alfalfa. The petitioners are concerned that the introduction of commercial genetically modified alfalfa will affect non-GM farmers, organic farmers and may affect international trade.

They are calling on the government to have a moratorium on genetically modified alfalfa until its study on farmers can be properly done.

[Petitions, June 18th, 2013]

Mr. Speaker, the second petition from my constituents of Kingston and the Islands concerns climate change. The House might know that climate change is partially responsible for the low water levels in the upper Great Lakes and that Canada has shown a lack of international leadership.

The petitioners are calling on the Government of Canada to show international leadership in reaching agreements to keep the rise in average global temperatures to under two degrees, to take action domestically, to do its fair share and to measure progress through an independent validator.