Yasmin Ratansi

[Protecting Children from Sexual Predators Act, December 6th, 2010]

Mr. Speaker, the government has not been very strong on its sex tourism legislation. People probably say they are going on a holiday and if they are found guilty in another country then the extradition should take place.

We need a global approach to legislation that would allow all police forces to enforce the law. There is a gentleman in Canada who looks at what is happening in the Philippines and he makes a point of going there himself to educate the girls and he tells them that they can do better, that they do not have to fall prey to those tourists who come and offer them goodies.

Legislation has to be there. Enforcement has to be there. A global cohesion has to be there if we really want to protect our children and the future of our country.

[Protecting Children from Sexual Predators Act, December 6th, 2010]

Mr. Speaker, the hon. member's question is disingenuous. Every time the government introduces legislation and opposition parties agree to go along with it, the government prorogues. I think out of 16 pieces of legislation, 10 were passed. Take Bill C-22, for example, which would protect children. It took the government 90 days after the resumption of Parliament to even introduce it.

The Liberals are smart on crime. The Conservatives are called stupid on crime for the basic reason that they cannot keep on introducing the same legislation over and over again, 16 times, without really being committed. The Conservatives are not committed. They keep on introducing the same legislation. I wonder if there is going to be another prorogation.

[Protecting Children from Sexual Predators Act, December 6th, 2010]

Mr. Speaker, the purpose of Bill C-54, An Act to amend the Criminal Code (sexual offences against children), is to increase the mandatory minimum penalties for certain sexual offences with respect to children.

I will digress a little and explain what a child is. A child is any person from the age of 0 to 16 years. It was the Liberal opposition that pushed this age of consent and finally drove the government to pass this legislation.

Bill C-54 was introduced on November 4 by the Minister of Justice. It would increase or impose mandatory minimum penalties for certain sexual offences with respect to children.

When one looks at the various changes to the subsections of the Criminal Code and one looks at the minimum penalties for different offences, it is important that the bill, which we support, goes to committee. A lot of issues need to be addressed and a lot of witnesses need to be called. It is important that everybody speaks from the same page because children are a very important asset. We have heard about heinous things being done to children. Not a day goes by without hearing a report on sexual activities against children. It is important that the bill is sent quickly to committee so we are able to really put into effect protection for children.

The bill would impose mandatory minimum penalties for certain sexual offences with respect to children. It would also prohibit anyone from providing sexually explicit material to a child for the purpose of facilitating the commission of a sexual offence against that child.

With the proliferation of things going back and forth on the Internet at such high speeds, it is very important that we look at this issue very critically. With the providing of sexually explicit materials to a child for the purpose of facilitating the commission of a sexual offence against the child, one needs to figure out how that child would be implicated, how the adult was involved and one needs to figure out through what means this was done.

The bill would also prohibit anyone from using any means of telecommunication, including a computer system, to agree or make arrangements with another person for the purpose of committing a sexual offence against a child. Too often we have seen the ramifications of child pornography where children are used as sexual toys for the pleasure of adults who have absolutely dehumanized them.

This is an important aspect of the bill because we need to understand how we would catch the perpetrators, how we would ensure that children are protected and how we would ensure that a child understands because children aged 0 to 16 are naive and vulnerable. They are our asset that needs to be protected. They believe in people.

I attended a memorial service for the victims of the December 6 massacre. I listened to Stevie Cameron talk about girls, about the fact that children are taught that they can do anything possible, that they are the masters of their destiny, and about how we protect these children and then suddenly somebody takes their life away.

With this bill, I am hoping we are able to not only ensure that the laws are in place but that we have a mechanism in place that will enforce the protection of our children, not only in Canada but worldwide because if we look at what is happening in today's age, we see child trafficking across the globe.

If we look at the sex trade or visitors who go to places like Thailand to have sex with little children, it is pornography that gives them that problem. It is the access to pornographic sites on the Internet that dehumanizes the poor child. Therefore, it is important that when we are looking at all of these aspects we are consistent in our enforcement, in what we do.

The third thing that the bill will do is ensure consistency among those two new offences and the existing offence of luring a child. Here I would like to bring to bear what happened to Leslie Mahaffy and Kristen French. They were unsuspecting kids who were lured by a pedophile, and we reflect upon how this bill may have protected them or given a harsher sentence to Karla Homolka.

The fourth thing that the bill would do is expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibition concerning contact with a person under the age of 16 and the use of the Internet or other digital networks, and expand the list of enumerated offences that may give rise to such orders and prohibitions.

That brings me to what has been happening currently. Our kids go onto computers and they are more computer savvy than their parents. They access Internet sites and the parents are probably not aware of it. These may be latchkey kids or they may be kids whose parents are at home, but when they are locked in their rooms and they are on Facebook, they have no idea who they are communicating with. It is important that we have checks and balances in place that go after the providers of Internet services to ensure the protection of these kids, to ensure the traceability of the information.

The protection of children is a priority for the Liberal Party. As a party, we have stood firmly against the proliferation of online child pornography for over a decade. In 2002, the former Liberal government made it illegal to deliberately access a website containing child pornography, rather than just having possession of such materials, and it was the Liberal government that put into place Cybertip.ca, an online reporting tool for child pornography. Cybertip is an important tool because, as I mentioned, with the Internet and its proliferation, it is important that we know how to trace the source, to ensure that our children are safe, to ensure that we find the children who have been abducted for the purpose of the sex trade, and to find the perpetrators.

Making laws without having the tools or the means to enforce them does not make for good law, so I hope that when this legislation goes before committee, it will be calling on numerous witnesses so that they can have a wholesome discussion and a wholesome production. I am pleased to see that Bill C-54 introduces a series of new minimum penalties for crimes against children, but as I mentioned, the bill has so many other permutations and combinations that it is important that it be looked at properly at committee. The Liberals will be supporting this legislation to go before committee, in order to hear from a variety of witnesses, and we will assess at that time whether the Conservatives have introduced sufficient penalties or whether additional amendments are required.

As I mentioned earlier, what comes to mind here is the Paul Bernardo case. When he and his wife abducted two kids, Leslie Mahaffy and Kristen French, it horrified Canadians. It horrified the whole country to know that such heinous crimes could be committed, that we had such disturbed individuals in our midst.

My question would be does the bill do enough to ensure that what happened with Karla Homolka, who was able to reduce her sentence through plea bargaining, cannot happen again? We all want safe communities. We all know that there are sick minds that access the Internet and pornographic sites that dehumanize children and women. This dehumanizing makes victims be treated as objects of pleasure.

If one looks at the five things that the bill has introduced, I would love to see a very strong enforcement tool that would allow police officers, or people who are given the duty to ensure enforcement, to be able to access the material, to be able to trace the source, be able to ensure that protection takes place, be able to facilitate that information whether it be across Canada or with Interpol or other agencies, because this type of crime, as I mentioned earlier, is not only done in Canada but is worldwide.

Children being abducted for the purpose of sex slavery is a horrendous crime and it is a crime against all children. In countries in the developing world where they do not have the same protection we need to ensure that when we enforce legislation we have a global approach to it because the globe is where we need to look at. A troubled mind will do anything.

We need to also invest in areas like mental health and education. The Liberals unconditionally supported Bill C-22, which would make the reporting of Internet child pornography mandatory for Internet service providers and other persons providing Internet services. In fact, we believe that the government took too long to bring this to bear and we need to ensure that if we are serious about crimes against children, if we are serious about protecting them, if we are serious about ensuring that children have safe lives, that we live in safe communities, that we are not always looking over our shoulder, or over the Internet to ensure the safety of our children, then we need to see that Bill C-54 be sent quickly to committee and be looked after.

Today, December 6, is a day of remembering the 14 women who were gunned down by a crazy person. These were students at university. Violence against women is not just violence against women themselves, but it is violence against children as well. When a woman is abused it affects the child and the psychology of that child. It affects the whole family. It makes the family dysfunctional. Violence against women that results in death at the hands of a spouse, or common-law partner, or a deranged person still makes society unsafe.

It is important that the government not speak from both sides of its mouth. If we want smart solutions for violent crimes then we need to ensure that our gun laws are strict, that registration is there, that women and children are protected.

I would urge the government not to just see things in silos but to take a holistic approach to this bill. I would ask the government to ensure that we have a wholesome discussion on the bill and that we find a solution relevant to the whole community.

[Petitions, November 25th, 2010]

Mr. Speaker, I have petitions from the citizens of my riding of Don Valley East who are concerned about the seed regulation and regulations of novel foods and plants with novel traits.

The petitioners believe that these regulations do not include an assessment or consideration of the potential economic harm to farmers of the new GE crop releases. Therefore, they call upon Parliament to enshrine in legislation Bill C-474, An Act respecting the Seeds Regulations (analysis of potential harm), to amend the seeds regulations to require that an analysis of the potential harm to export markets be conducted before the sale of any new genetically engineered seed is permitted.

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Mr. Speaker, I thank the hon. member for his interest in this subject because he has been very effective in delivering his message.

Two hundred billion is a big number. The world population is six billion. If we look at the amount of the traffic that takes place, and 60% to 70% of it is nuisance traffic, it costs Canadian businesses and world businesses a lot of money. One hundred and thirty billion dollars is not small change.

Therefore, we need to have effective legislation with sanctions, with teeth, with international agreements. Otherwise we will all be drawn into this problem. We rank fifth in terms of spamming and out of the top 200 organizations, we have a large amount of traffic going through. Therefore, Canadian businesses need to be made aware of this legislation, with its teeth.

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Madam Speaker, I am pleased to speak to Bill C-28, the electronic commerce protection bill.

As has been discussed here, the purpose of the bill is to deal with the issue of spam. The bill would prohibit the sending of commercial electronic messages, or spam, without the prior consent of the recipients.

Spam represents about 60% to 80% of Internet traffic worldwide, and it is a serious problem for Canadian individuals and Canadian businesses. In recognition of the seriousness of the issue, the Liberal government in 2004-05 established an anti-spam task force that came up with recommendations.

The recommendations called for the government to introduce legislation that would: first, prohibit the sending of spam without the prior consent of the recipient; second, prohibit the use of false or misleading statements that disguise the origin or the true intent of the email; third, prohibit the installation of unauthorized programs; and, fourth, prohibit the unauthorized collection of personal information or email address.

I am pleased to see that the Conservative government, through Bill C-28, is enacting all of these recommendations. However, we need the legislation immediately as Canadians are suffering because of the lack of legislation.

Twenty years ago, a computer was not essential in carrying out our daily lives. However, now it is important to small businesses, corporations, non-profit organizations, hospitals, students, seniors and even our parents and grandparents use one. It is a mode of operation. It is a way of life. It facilitates, hopefully, the ease of transactions. People like to do their banking, pay their bills, et cetera on the computer.

With the ease of using computers and sharing information, however, a problem is created. It is the unwarranted advertising or misinformation and potential threats. We all know too well the consequences of spam. It brings with it viruses and worms.

In 2003, Canadian consumers and businesses spent approximately $27 billion to develop a phishing program. Members should reflect on the amount of money Canadian businesses had to spend. It probably constitutes the budget of three developing countries. A critical issue is the amount of money that was spent and yet the problem has grown worse.

Why is spam a critical issue? First, it is unwanted; second, it makes the utilization of our computer or our technology inefficient; and, third, it is costly. Computer technology was supposed to make our lives easy, efficient and effective. It was supposed to do things on an economical basis and it was supposed to be paperless.

In my previous occupation as a management consultant, I used to talk about the 3E's of business: economy, efficiency and effectiveness. I used to tell users that by using technology they would make life easier for themselves, things would be simplified and everything would go well.

As we reflect on spam, let us look at the economic aspect of it. Has it become economical to use the computer? I think a lot of us would say that is debatable. As I mentioned, Canadian businesses have collectively spent $27 billion on a phishing program. Imagine what could have been done with $27 billion. Imagine the amount of investment that could have been made and the jobs that could have been created. From an economic perspective, there does not seem to be any economic benefits or the economic benefits have been diluted because of spam. Therefore, the Liberals made recommendations to alleviate the economic pitfalls.

Let us look at this from an efficiency standpoint. Sixty to seventy per cent of Internet traffic is spam. A small or medium sized enterprise can ill-afford this type of ineffective utilization of its computers. Employees or business owners have to waste time looking at that spam mail and figuring out what to do with it. Instead of being effective or productive, they have to start clearing out the spam. In terms of efficiency, spam is a thorn in the side of efficiency, be it for businesses or individuals.

How many times have we ourselves been overloaded with spam? I am sure all of us have had first-hand experience with spam where we get false and misleading information from institutions purporting to be banks and false or misleading information from organizations. In fact, sometimes it could be a personal spam that is sent to us, and I can attest to that. As I was looking through my own email, I noticed an SOS from a constituent and I wondered what was wrong. As I looked at that email, I realized that the constituent's email had been compromised, especially because I knew the constituent and I knew that she would never ask for money. It claimed that she was stuck in some foreign land.

People who do not understand or do not know the person who is sending an SOS notice try to be good Samaritans and they might just be misled into giving money and being defrauded.

Spam, and subsequently the possibility of fraud, is a huge problem for all of us. It is important that we, as a collective, address the issues.

Sometimes we think we have secure accounts. Our BlackBerrys are secure accounts but how many of us receive junk on our BlackBerrys? How many of us think that this is such a secure account, how did somebody access it?

If we look at what is going on in this day and age where technology is easy, where people can hack through anything, we need to be careful that we have legislation in place to protect Canadians from misleading or fraudulent activities.

We know what to do with junk mail. We park the junk mail. However, some people who do not know what to do with it and sometimes respond. Sometimes we get emails stating that our computers are at risk. This is a classic example where people download a program that will protect them from viruses or worms and then the computer freezes. Many constituents have complained that this has happened to them and they want to know if there is any protection for them. We have now downloaded a virus and the person who has sent us the virus is looking for us to buy his or her own anti-virus or firewall. This is trying to cheat Canadians and cheat people who are unsuspecting of what is going on. By sometimes naively downloading files or pictures, et cetera, worms and viruses have entered the system and it has been problematic for Canadian businesses.

We have heard of receiving emails that appear to come from our financial institutions. If we are naive enough and do not verify with the banks whether they have sent us this email, we can compromise our bank accounts. This has happened to many seniors. They have been defrauded of their life savings by unscrupulous people.

Therefore, to address this very important issue, the Liberals released a report in 2005 entitled, “Stopping Spam: Creating a Stronger, Safer Internet”. As we mentioned earlier, the task force made many recommendations. Among those were the prohibition of sending unsolicited email or the use of misleading statements, funny titles, products, et cetera.

These are important changes and I do not think anyone in the House would object to what Bill C-28 proposes. However, we may object to the fact that it is a little too late, that we have not got on with the program and that we have not moved with the world.

I am sure many members of the House have received complaints from constituents because the issue is compounded when things are deregulated or contracted out. For example, when the telephone service is contracted out or the banking service is done in India, China or Brazil, there is a problem because the government's ability to control or combat spam is not just about introducing legislation, but it is also about working with world governments and organizations to develop an international strategy for reducing this ongoing burden of spam.

Internet policing is difficult as the traffic is humongous. I mentioned that 60% to 80% of the Internet traffic is spam. The sheer volume of messages challenges the capacity of the ISP, the Internet service provider, or legitimate businesses to do business. They have to put all sorts of firewalls up to help prevent their businesses from being hacked.

It was only a matter of time before spammers began to take advantage of our country. Canada ranks fifth worldwide as a source of web-based email spam, trailing Iran, Nigeria, Kenya and Israel. The recent Facebook case that has been referred to has placed the spotlight on Canada's ongoing failure to address its spam problem by introducing long overdue anti-spam legislation. The case is only the latest to illustrate that the government's inaction has had an impact. The fact that organizations are forced to use U.S. courts and laws to deal with Canadian spammers points to an inconvenient truth; that Canadian anti-spam laws are woefully inadequate and we are rapidly emerging as a haven for spammers eager to exploit our weak legal framework.

One of my colleagues talked about the information-sharing agreements, that we sign tax treaties and that we have trade treaties. We have a relationship with so many countries. It is absolutely unconscionable that Bill C-28 does not somehow link these relationships that we already have. Why are we not linking our anti-spam legislation so we can be assisted internationally?

We have these information-sharing agreements with regards to matters before us. Spam costs worldwide $130 billion in terms of costs and damages. Canada is ranked fifth in terms of web-based spam.

We need to ensure that the government does not drag its feet on this very important issue. It has been five years since the bill first came to us. It has already been disclosed that we have not gone as far as the other G8 countries. We are the only G8 country and one of four OECD countries that does not even have legislation. A member of the committee just said that we would be playing catch-up because we did not go far enough.

Michael Geist, who is an expert in Internet and e-commerce law at the University of Ottawa, said that there were several Canadian companies among the roughly 200 top spamming organizations in the world. They account for about 80% of the spam generated. He pointed out that junk mail could go beyond nuisance and result in hacking and fraud. That is a big problem for a lot of businesses and individuals.

As I mentioned, many people have been defrauded of their savings. Many computers have been compromised. Therefore, it is important that Bill C-28 be passed quickly so at least there is a first step in getting anti-spam legislation.

In particular, a new section needs to be added to define false or misleading representation by electronic message as an offence. This offence extends not only to the content of the message, but also to its sender and subject matter information, as well as its locator. It is not necessary to prove that someone was mislead or deceived by the message or even that the person was the intended recipient. It is sufficient to prove that the message was misleading or deceptive.

The penalties for this new offence are a prison term of up to 14 years or a fine at the discretion of the court for an indictment of both or a prison term of up to one year or a fine up to $200,000 for a summary conviction, or both, which is clause 76.

At this junction, I would like to draw attention to government members. It could be troublesome for members of the government as they continue to send messages touting the dubious benefits of many pieces of its fiscal legislation. I look forward to the finance minister's tweets on the budget becoming one of the first enforcement actions emanating from the passage of this law. I wonder if emailing some of the debates in the House might also cause someone to be charged under this act.

In all seriousness, we must be mindful that the intent of this act is not to limit freedom of speech, but to stop some of the more egregious examples of spamming and fraud that is prevalent and obvious to anyone who has an email account.

It is important, as we move forward, that we know that Internet policing may be difficult. Internet trafficking is creating a lot of problems, but with problems there are solutions. In finding solutions, we need to know what we are dealing with. If the government is serious about introducing legislation, it is important that we move quickly to enforce the legislation.

Industry Canada cannot do its own work without the necessary resources. I would like to know the resources the government will commit to Industry Canada to ensure effective corrective solutions. It is extremely important for people everywhere in Canada to have confidence that the legislation provided by the government will be effective and that there are appropriate sanctions. I believe any legislation brought forward must ensure that we have proper resources and effective coordination.

A rapid response to correct this problem would ensure that those who see Canada as a target would find another place. However, we do not want them to find another place because that other place is where we also do our business in the financial and banking sectors.

I hope we will work with the international community to ensure we have a reduction in spam. I hope all members will support the bill so it will provide fast relief to Canadians.

[Small Business, November 23rd, 2010]

Mr. Speaker, small- and medium-size business owners in Vaughan are having a hard time accessing credit. The CFIB states that SMEs employ 53% of all working individuals. Mr. Ken Singh, a small manufacturer in Vaughan, wants to hire six new people. He wants to know why the Prime Minister is borrowing money to give unaffordable corporate tax cuts to large corporations, but is doing nothing for SMEs that are the actual engines of growth.

[Pensions, November 23rd, 2010]

Mr. Speaker, seniors are facing a tough choice between putting food on the table and paying their bills. Gina and her husband are one of those couples. They live in Vaughan. They have worked hard to put a roof over their heads, but they fear they will lose their home as their Canada pension plan benefits are not sufficient to make ends meet.

How can the Prime Minister waste $1.2 billion of taxpayer money on fake lakes and unneeded advertising, yet he cannot find the money to reform the CPP?

[Tax Conventions Implementation Act, 2010, November 22nd, 2010]

Mr. Speaker, Canadians need their government to be fiscally prudent and so far Canadians are worried. They have not seen anything from the government that would give them comfort. When they look at the choices the government has made, they see that, instead of investing in them, their families and their future, the government has done just the opposite.

For example, Canadians are worried about the serious challenge in their future of an aging population. Why is the government not taking the Liberal lead and investing in senior care and in home care so that seniors can live in dignity and provide relief for families as well?

Canadians also want to know what strategy the government has to get out of the deficit. They do not want to go down the slippery slope of the past Conservative governments where the balance of trade was to the disadvantage of Canada, where investment was unattainable due to the huge deficit and where the IMF called Canada the basket case of the G8.

Canada was not the place to invest. Canada was not the place where anybody wanted to do anything. Therefore, Canadians want to know what the plan is. Where is the economic plan? Does the finance minister really have a plan?

Canadians are not very comfortable. History shows to the contrary. The same finance minister is the one who created huge deficits in Ontario and who left Ontario in such bad shape. He shut down hospitals, put 16,000 nurses out of work and left a mess.

Canadians want to know where the jobs are. The Conservatives keep repeating over and over again In the House that jobs are being created but Canadians want to know where those jobs are because they do not have them. They also want to know where they can get the jobs, as the government seems to spout so many numbers.

In fact, Canadians with education and experience cannot find jobs. Canadians want the government to tell them the truth about how, within the changing global environment, the Canadian economy will be competitive. How will Canadians remain competitive? How will their businesses remain competitive when the government does just the opposite? The government does not believe in science and has cut funding to research and development.

Canadians also want to know why the government is not giving the small and medium sized enterprises incentives. They are the ones that create jobs. They are the engines of jobs. Corporations already have the lowest tax rate. Twenty-five per cent is the current corporate tax rate, which is better than any of the G8 countries, thanks to the previous Liberal government's fiscal management. Canadians want to know why the government wants to increase their taxes but give tax breaks to large corporations that do not create jobs and do not need the tax breaks.

Canadians want to work and want a fair system of taxation. They understand the balance between fiscal prudence and social justice, a balance that Liberal governments of the past have been able to provide them. Canadians are fair-minded people. They want fairness across the board. Tax fairness across borders is a laudable goal. Tax fairness here in Canada is something the government does not have a single clue about.

I support this bill on tax treaties because I understand how important tax treaties are. I also understand how it will bring fairness but it is important that the record show that I disagree with so much more of what the government is doing to the Canadian people and to this great country.

[North York General Hospital, November 22nd, 2010]

Mr. Speaker, I rise today to recognize amazing philanthropists, Mr. and Mrs. Nanji. The Nanji family came as refugees from Uganda and are grateful to the late Prime Minister Pierre Elliott Trudeau. Through his foresight and vision many families like theirs escaped destruction and began anew in Canada.

They continue to contribute generously to the North York General Hospital in my riding of Don Valley East by building the Orthopaedic and Plastics Centre and now by donating a huge sum to create the Gulshan and Pyarali G. Nanji ultrasound, CT and radiography centre. The Nanjis are among the most generous donors in the history of the hospital.

On behalf of the hospital, patients and families, I would like to sincerely thank Gulshan and Pyarali Nanji and their family for their generosity.

This is an exceptional legacy for which we are all grateful. They represent the best of the Canadian spirit and I thank them.