House of Commons photo

Crucial Fact

  • His favourite word was hamilton.

Last in Parliament October 2015, as NDP MP for Hamilton East—Stoney Creek (Ontario)

Lost his last election, in 2015, with 33% of the vote.

Statements in the House

Citizen's Arrest and Self-defence Act May 1st, 2012

Madam Speaker, I appreciate that. I tend to tell stories and get away from my prepared text.

There is self-defence relative to a situation called battered spouse syndrome. Our proposed amendments on that did not succeed. Those were to introduce a subjective element. Subjective circumstances are related to the person's preservation of the right to protect oneself in a reasonable manner.

That element means it is possible that a person, based on a history of domestic violence, can reasonably perceive a greater threat of violence because it has been repeated by the same perpetrator. We thought it was important to add that historical context to this bill. Unfortunately, it was not successful at committee because the government did not see our view.

Citizen's Arrest and Self-defence Act May 1st, 2012

Mr. Speaker, I appreciate the opportunity to rise today to speak to Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).

As I prepared for this a moment ago, I was thinking in terms of the election just a year ago and the impact that our late leader, Jack Layton, had in that particular election. This bill was something that he believed in very much, in a previous incarnation, so it brought that back to mind.

One of the things I pride myself in is that in the Hamilton area I attend the local Tim Hortons and the local food courts and I talk directly to the citizens I represent. One of the things that they believe, and I hear it said quite often, is that common sense is not as common as it once was. I think we have in Bill C-26 a fair effort on the part of the government to bring some common sense into this particular issue.

Bill C-26 would amend the section 494(2) of the Criminal Code dealing with citizen's arrest to provide greater flexibility. A little later in my remarks, I will refer to a speech by the member for Trinity—Spadina who actually introduced a bill in this place in the previous session but which died because of the election.

The crux of the problem is the timing of when people are able to complete a citizen's arrest. The law of the day says that people need to act on that citizen's arrest during the actual crime but, of course, sometimes that is just not the case. It also includes changes related to self-defence and the defence of property, which are currently in sections 35 and 42. These changes would bring much needed reforms to simplify, and this is where the common sense comes into the equation, the complex Criminal Code provisions on self-defence and the defence of property, something that has been requested by the courts over the years, not just our good citizens.

At this point, I will refer to the speech that I talked about a few moments ago.

The member for Trinity—Spadina had an event occur within her riding at a convenience store called the Lucky Moose. Mr. David Chen, the owner had been robbed numerous times in fact. It seemed that it was a very popular place to shop but it was also a very popular place to shoplift . Mr. Chen was extremely frustrated. A security camera showed an individual, who he had seen robbing his store and had left the premises earlier, coming back for some more. The individual was 37 years old and had a criminal record that stretched back to 1976.

Mr. Chen decided, along with a couple of people he worked with, to detain the individual until the police could arrive. My understanding of the situation is that he bound the person and put him into a van to contain him. It is indicated here in this speech that the police arrived within about four minutes. When the police arrived, apparently bruises could be seen on Mr. Chen's body where this individual had assaulted him but instead, Mr. Chen was charged with assault, kidnapping, forceable confinement and possession of a concealed weapon.

We need to ask ourselves where those charges came from. The concealed weapon was a box cutter. If anybody has been around a grocery store, box cutters are used all the time. It is not something that people working there would hide from everybody and conceal as a weapon. Beyond that, as far as the forceable confinement, the owner detained somebody while waiting for the police to come, somebody who had a record going back to 1976 and who just may want to try to get away.

The problem for Mr. Chen was that when the four charges were laid against him, we need to stop and think about what he was facing. The crown prosecutor offered to drop the kidnapping and assault charges if Mr. Chen would plead guilty to the remaining charges and, if he did, he would have faced 18 months in prison and a criminal record.

I am pleased to say that Mr. Chen chose not to plead guilty.

We have to wonder, from a common-sense perspective, whether our system has been stilted to the point that police officers actually put in more charges than necessary in “shooting for the moon and hoping for halfway”, an old expression used in labour negotiations. In other words, if they put into place a trading arrangement in advance: the charges are laid, the Crown makes an offer and the person pleads guilty to save himself or herself the costs of court. However, had the individual put forward a proper defence, he or she might well have gotten off. Therefore, it really makes one wonder about the situation.

Members will recall there was a bill put forth by the NDP member for Trinity—Spadina, in the last parliament. It died due to the election. On February 17, the government promised to reintroduce the bill, and I am thankful that it has done so. However, when this bill was at committee just before returning to the House, the NDP critic offered nine amendments. We felt the bill was flawed in a number of areas. Of the nine amendments we proposed, only two passed, which is unfortunate. Although we are concerned about the fact that the other seven did not pass, there is enough content in the bill to satisfy us to the point of supporting it.

After carefully reviewing the bill and hearing from witnesses, our concerns were reinforced. When we reviewed the legislation, our priority was to ensure that it did not encourage vigilante justice or encourage people to put their personal safety at risk. A horrific tragedy took place in Montreal a couple of days ago. A dispute escalated between a cab driver and a number of his patrons who had probably just come from a bar. The young men jumped on his car and hit the taxi driver. He tried to get out of there and tragically ran over one of the individuals. That is an over-the-top, blatant case situation. However, it shows us how quickly a situation can get out of hand when an individual or a group of people try to impose their physical will on someone else.

Let us look at what happens to people in a confrontation. I think I made reference to this not long ago. In Hamilton where I worked at Bell Canada, one of our technicians tried to intercede when a man was beating his wife in public. People think that they have to do something. He grabbed the man to prevent him from striking his wife, pushed him and held him against the wall. The man's wife came over, took off her shoe and struck the Bell Canada worker in the back of the head. That is an example of a situation where the individual was trying to do the right thing to protect the woman first and foremost from physical injury. His intent was to hold her husband until the police came because there were other people in the area. He did not realize that because of the strong relationship between the husband and wife, she felt she should defend her husband in the manner that she did.

There are concerns around the situations that people can put themselves in when it comes to a citizen's arrest. Unfortunately, the amendments that we tried to put through to deal with that were not addressed properly.

The NDP will be supporting this bill. We think it brings some common sense to the justice system. We are satisfied that a reasonable effort was made on the part of the government. On that point, I will conclude my remarks.

Protecting Canada's Seniors Act April 27th, 2012

Madam Speaker, a number of speakers to the bill have pointed out the fact that the title is almost as long as the provisions of the bill. When we look at the total lifestyle and environment around seniors, from their source of income to whatever support services they receive, or how they are treated within their own family and the areas where the breakdowns occur, there are so many areas that the government could have addressed along with the punitive measures that are put into law.

We have to look at the situation that our seniors find themselves in today from a holistic point of how to address in the community a greater respect for seniors from those who do not have it. People who are vulnerable in our society, either because of drug abuse, substance abuse, or whatever reason, turn to crime and often their victims are elderly.

There are a variety of places that need addressing, those areas which cause the problems for people who ultimately take it out on the seniors. There are direct measures for seniors that need to be put in place around their prescription drugs, support services, palliative care, the stresses in which the families live. There is a whole place that we could have gone with this.

To some extent, how we treat our seniors is representative of our entire view of how we treat our community. By fixing areas of the community, we will fix some of the circumstances for seniors, even if it is not as direct.

This bill, in its very narrow focus, fails the elderly.

Protecting Canada's Seniors Act April 27th, 2012

Madam Speaker, I agree with many of the aspects that the member said, but in point of fact elder abuse has been something that we have been silent on as a society.

One of the points the member mentioned was that of seniors feeling safe in the community when they are out and about. I mentioned how when they become fragile, seniors are more concerned about the things that could happen to them.

We have a government that has come in with mandatory minimums and a variety of provisions to change the laws of our country to protect seniors or to put people away for a variety of crimes. On the other hand, in the prisons we are taking away those services that are provided to prisoners to help them modify and change their lives and points of view so when they come back out of that facility, they have the ability to correct their behaviours.

We have to put moneys into those areas in advance where there is a better understanding of the needs of our communities so people are less inclined to go ahead with the kinds of abuses that we see.

Protecting Canada's Seniors Act April 27th, 2012

Madam Speaker, I know the riding the member represents, not to the degree he would, but it is in the national capital region. A lot of the folks in the national capital region have been here for a number of years and have had families. Their spouses or they have worked in the public sector and have had the benefit of good public service pensions to help them.

I would suggest that it has some of the problems that are in other ridings, but I think it is to a lesser degree. I will use my community of Hamilton as an example where we have a more than 20% poverty rate, and much of that is seniors.

I commend the minister if he pressured his government friends on the increase to the GIS. I just wish it had been a little more effective and been more. Again, it is a matter of choices. When the government brought in the budget that gave a $50 a month increase, it had a choice. Corporate tax rates were being changed at the time, to the tune of billions of dollars.

The government made the choice to proceed with those tax breaks that went to corporations that were profitable. It was not even helping the corporations in trouble. Our estimates of the cost to give $200 a month to those 300,000 people was approximately $700 million. Axe a corporate break at that time and it could have been done.

I am not using this as a measurement of someone's commitment to his community or to the elders in his community. I am pleased the minister is paying attention to it. However, those choices have to be made in a different fashion.

Protecting Canada's Seniors Act April 27th, 2012

Madam Speaker, after the last comment, I cannot help but interject at this point. Yes, the Liberals did bring in OAS, but OAS was proposed by J.S. Woodsworth in 1926. Yes, they did bring in the Canada pension plan but that was suggested by Stanley Knowles in this place. That is just an example of how we have worked together over the years on these files. However, for the Liberals to take exclusive credit for it, I find that quite interesting.

The NDP supports the bill but with reservations. There are changes that will do some things to protect seniors but there is so much more. How do we define supporting and protecting seniors? There is a lot more to it than laying charges.

We made proposals during the 2000 election campaign in reference to seniors, and further on in my remarks I will speak to that a little more.

My generation looked for the good in people, and in those days we found it. However, to some extent I think the same people of that generation are now failing seniors, their parents. Oftentimes we find that because of the aging process, the number of illnesses seniors have and, in some cases, even the outcome of medications, these have caused them to slow down in their thinking process and, to some degree, even act a little like children. Members may recall, with their parents, as with mine, and others as we were growing up in the 1950s and 1960s, that our parents were very patient with us. They listened to us, helped us to develop and they protected us. Now it is our turn because some of our parents are very much like the children we once were and we owe them that return of patience that is lacking in this fast paced society.

The government can legislate some things and put in punitive laws that will punish people for the mistakes they make but as a society we need to look into this matter even further.

In my role as a parliamentarian, I often try to bring to this place some of the life experiences I have or family members or friends have because we need to bring the discussion down to the place where it is actually happening. We have a forum here where we discuss things and oftentimes the rhetoric or debate gets heated and there are a variety of things that impede us from telling the true stories of Canadians. In this case, I will tell a bit of the story of my own mother.

My mother, through a series of illnesses and needing prescriptions with fairly strong chemicals in them, as she aged we could see her mental capacity start to diminish. For a variety of reasons, I had not seen her in a number of years. She was on the east coast. In fact, I had been estranged from her from the age of 12 to the age of about 40. Just prior to my reconnecting with her, she had been in a nursing home in New Brunswick, which we found out had her sleeping in the laundry room in the basement and there was some evidence that perhaps she had been chained to a laundry tub. Fortunately, I had cousins back east who discovered this and moved her to a much finer place in Saint John, New Brunswick. I commend the New Brunswick government of the day because at that time there were processes in place that when she got into the newer facility its prices were fairly high and she did not have the resources to cover it all and that government provided assistance. Therefore, the remaining about 10 years of her life were lived out in relative comfort and in the hands of provincial workers in that registered nursing home who gave her the kind of support and care that we should be giving to all parents.

When I go from consideration of what happened to my own mother in this instance, I start looking at what happens to other seniors. Elder abuse takes lots of forms.

I was just recently assigned a new critic area but I previously was the critic for pensions and seniors and I held 47 meetings on pensions in my community over a three year period. My travel has taken me to a variety of places. I was in Elliot Lake where I spoke with a 75-year-old woman who was trying to get by in her own apartment on her own means. She was making $1,160 a month if I remember correctly. She took me aside because she did not want her neighbours and friends to know that she was worried about how the HST in Ontario would affect her. She had a hydro bill of approximately $2,000 a year and was looking at paying roughly $150 more a year. While that appears to be a small number to most of us, it was a huge amount for her. How can we not call that elder abuse?

Three hundred thousand seniors across this country live below the poverty line of $22,000 a year. I have heard the figure $25,000 a year but most seniors are making in the area of just over $15,000 a year. If people are making $1,100 a month, they need to pause in terms of where they are living, how they are living and what choices they are making.

The New Democratic Party repeatedly questions the government about the choices it makes. We as parliamentarians need to back up and really give serious consideration to the choices that our seniors have to make when they are living in poverty.

I was standing in line at a pharmacy waiting for a prescription a while back and there was a young man ahead of me. The young man was living in poverty and he had to make a choice. He had serious back pain and needed a muscle relaxant and something to address the pain itself but he could not afford both prescriptions. He had to make a choice. Seniors are like that except that their choices are far more fundamental. They must choose between eating or buying a prescription. A lot of things in the province of Ontario happen to be covered but not every senior in every place in this country has that kind of protection. Some seniors have to make choices as to how to dress.

Over the years I have gone into the homes of family and friends whose elderly parents have passed away and they are starting to distribute their parents goods, perhaps to some poorer people in the community. However, when they open the closets they find one or two dresses or a coat not fitting for Canada's weather. They wonder how they missed that? How as a society did we miss that?

We need to back up and look at choices. The government has made a necessary choice with this legislation and part of that necessary choice is to ensure that there is acknowledgement of and punishment for people who abuse. However, we need to stop and think about this for a moment. We need to think about seniors who are dependent on a child or a friend to take care of them. My wife goes regularly to London from Hamilton to take an aunt to a grocery store or to medical appointments. However, we need to think about those seniors who are dependent on someone who abuses them. They have another choice to make. What do they do or say if they lose the only support they have in the community?

In the last election campaign, the NDP members talked about things that we could do within our communities to help seniors stay in their homes, such as pharmacare, and to ensure they are protected. We talked about things that would make the choices for seniors somewhat easier. We talked about a $700 million boost to the guaranteed income supplement, which would have equated to about $200 a month for people in the worst case situation, 75% of whom were women who stayed at home to raise their families and never managed to get into the Canada pension plan. All they had was OAS-GIS of roughly $1,100 a month.

When we said that the GIS should be increased by $200, the response from the government was an increase of the $50 that I referred to before. Yes, it was something. We hear the litany of things that have been done. I mentioned earlier that some of the things that have happened here seem to address the so-called needs of more well-to-do seniors. However, we need to bring the focus back to where it belongs. We need to take care of our most vulnerable first. However, in Canada today, sadly, our seniors are among the most vulnerable.

During the election campaign, the New Democrats made a number of proposals. We talked about an elder abuse hotline. Can seniors talk about the abuse that is happening to them without naming names? Is there some way of getting mitigation between the fact that if they report that family member or that friend specifically, that family member or friend could face some kind of charge and, thus, they would be very reluctant to do it? Or, is there some way to manage this thing or to help them through a hotline that they could call? We also talked about an elder abuse consultant. The Government of Manitoba has worked with this type of initiative and I understand it has been very successful.

However, we also, like the government, and it is not often I compare us with the government, talked about changes to the Criminal Code of Canada to ensure there were appropriate sentences for the perpetrators of this elder abuse. Contrary to the thinking of the government, the NDP does agree that we need to put consequences into place for seniors' abusers, which is why we are supporting this legislation from the government.

I would like to reference a report from the ad hoc parliamentary committee on palliative and compassionate care. It indicates that between 4% and 10% of seniors experience some kind of elder abuse in their lifetime.

We often talk, and rightly so, about battered women and how one in four is battered. We have statistics here that are very close to that. This is almost like a silent situation that has been there for years. I guess most of us do not want to believe that somebody could actually strike a senior. However, beyond the physical, there is the mental abuse. I guess I would have to commend the government. I do not like the expense it has incurred for the TV ads that show elder abuse because I think the money could have been more appropriately used. However, we do see in those ads the mental anguish caused by the browbeating of a senior just by the use of words.

When I was a younger person, before I grew up in many ways, I used to actually shout people down. I did not realize I was doing it. I never thought about the damage I was doing. When I reached about 18 years of age, I kind of grew out of that and went on. However, I look back at my own personal shortcomings from to time to remind myself that seniors can sometimes try our patience because they cannot communicate their feelings well or they get frustrated because they do not understand things, which takes me to another place just for a moment or two.

I have referred to the times I have travelled across the country to hold 47 town hall meetings on old age security. Can members imagine what the last seven were like that took place after the OAS announcement? There was about a two and a half week period where nobody knew what the government was going to do. Day in and day out, members of the NDP would ask the government whether it was going to increase the age. Our former interim leader would ask repeatedly whether it was a yes or a no, but there was no response. There was just evasiveness.

Seniors were saying that they heard their Prime Minister give a speech in Davos, Switzerland. In fairness to the Prime Minister, he did not say in that speech that he would change OAS eligibility. However, the PMO's speaking notes to reporters did, which caused consternation.

In the House we would ask about it, and there would be no response. At my meetings, people would come up and ask me what was going to happen. I would reference the fact that in 2009 we had looked at OAS and at CPP, that we had Don Drummond from TD Bank at the time, Mike McCracken and other people like that who all said that CPP was funded for 75 years and that OAS looked perfectly sustainable.

My response to them was that we did not know what the government had in mind at this point in time, but we realized there would be an interim period. It would not affect people today and we agreed with the government on that. However, a lot of the people still did not quite comprehend. They were fearful. They were frightened by the mismanagement and ineptitude of how this was handled. It took two full weeks before there was a fairly definite statement by the finance minister in a scrum. He said that the government may change it in 2020 or maybe 2025. The shift that occurred in the meetings was that people aged 45 to 55 said okay, but the ones within the window wondered if it would affect them.

A great concern, though, going back to seniors, is why the government allowed for that two-week window of fear for seniors, which was totally unnecessary. If it had a plan, I thought we would have heard about it in the election, but we did not. If the Prime Minister had a plan in Davos, he should have said so and he should have been definite. Then seniors would have known and we would not have had that problem.

When I held the seven meetings, the first words out of my mouth to seniors were that they did not have to worry about OAS, that they were safe. Sixty to seventy per cent of the people in the room were seniors already on pension, and that gave them a sense of relief, but it took too long to do that.

The report I referenced before the Parliamentary Committee on Palliative and Compassionate Care had a number of other recommendations or highlights in its report. It said that any senior could become a victim of elder abuse regardless of gender, race, income or education. We have learned that about abuse over time, whether it is child abuse or spousal abuse. Oftentimes, it has to do with the status of people's income or sense of well-being because there might be a risk of the so-called breadwinner being laid off. There is a variety of things.

My generation was called the sandwich generation. My kids are in their 40s. Sometimes kids leave home and come back. Parents are pleased to help them, but on the side they have their mother or father or the spouse's mother or father and they are squeezed. That kind of pressure is added to any family, whether it is budgetary or just plain emotional. People are dealing with a level of fear.

Seniors have issues of their own. They are fearful of life out in the community because, as they age and become more fragile, fear develops. There are the young people who have to move back home because of economic circumstances. Then people have their own lives with which they are trying to deal. When we put all that together, sadly, in some instances, there is a response that leads to elder abuse.

Seniors, as I have come to learn over the years, are a very proud group of people. They have worked very hard for their country, they have done anything right and they have come to this place in their lives. If somebody abuses them, they feel shame. Victims often do. That is why victims oftentimes will not report it. They feel shame that perhaps their sons or daughters have done something to them that no son or daughter should ever even consider doing. That stops the victims from responding. I referenced earlier the suggestion from the NDP of having a hotline to deal with such things.

There is another word that does not get used too often, which is the love of the abusers--their children, or someone close them. I also referenced earlier the kinds of impairments some seniors have that interfere.

The other area we need to look at, which I referenced with the situation with my mother, is how the so-called caregivers deal with the various cutbacks in services--mainly at the provincial level, to be fair to the government. A senior perhaps living alone used to have many hours of care available. I know one senior in the Hamilton area, a friend of mine, had one bath a week by a caregiver. I think the maximum was two. Those caregivers are dashing from home to home. It is not like they do one job and then relax. They are stressed and, sadly, their response to that stress is negative to elderly persons.

Protecting Canada's Seniors Act April 27th, 2012

Madam Speaker, I have worked with the member on issues relating to seniors and pensions over the last number of years. She knows the file fairly well.

One of the things that occurs in this place quite regularly is members on the government side talk about all the things they have done for seniors. They list a number of things they have done, but most of those things seem to apply to the more affluent seniors, the seniors who already have full pensions or some resources saved over the years.

It seems to me the Conservatives have missed the mark, that they are not taking care of the lower income seniors to any degree at all. I would like to hear the member's comments on that.

Protecting Canada's Seniors Act April 27th, 2012

Mr. Speaker, when the government gave its reasons for the changes to OAS, $36 billion a year is what it cost, escalating to $109 billion, there is no argument there. We agree with the government on that, but the assumptions the Conservatives are using do not take into account an average of 2% growth in the GDP, as projected by their own Minister of Finance over the next number of years. That would pay for it.

Protecting Canada's Seniors Act April 27th, 2012

Mr. Speaker, I am very proud that we voted against those measures. The Conservatives did not get the job done for Canadian seniors.

If we pause and think about it for a moment, over the last five to six years there have been repeated conversations in the House about 300,000 seniors living in poverty. Most of those who collected GIS were women. They were getting approximately $15,000 a year when the poverty line was $22,000 a year. Instead of giving them a $200 a month increase that would have helped alleviate that, as was suggested in the last election by the NDP and in the House repeatedly, the government gave them $50. The HST increase in Ontario alone ate up most of that $50.

Therefore, the government should not try to tell members on this side how much it has done for seniors. It has taken $6,000 out of their lifetime income for each of those two years that it has moved forward on changing the age of eligibility from 65 to 67. It is really frustrating on this side of the House because we hear these claims of what it is doing, but it is not getting done.

Workplace Safety April 26th, 2012

Mr. Speaker, if people were to travel to our community of Hamilton, Ontario and go to the corner of Main and Bay Streets, they would see a very stark monument.

It was made from a sheet of steel and has on it a visibly injured worker clinging by his fingers. This is a monument to workers injured or killed on the job or those suffering from occupational disease. It was erected on April 28, 1990.

The purpose of the monument's casting was not only to commemorate the loss of workers' lives but to remind us all of the risks taken by workers each and every day when they go to work.

Every day workers go to work expecting to return home to their families, but all too often they do not. In this modern age rush for productivity, mistakes are made, and workers trying to meet the new realities of the modern workplace often pay the ultimate price.

April 28 is not just a day for workers to stop and remember those who are dead, but also for all of us to recommit to fight for safer workplaces for all Canadians.