CONTENTS
Tuesday, June 4, 1996
Mr. Bernier (Mégantic-Compton-Stanstead) 3384
Bill C-295. Motions for introduction and first readingdeemed
adopted. 3385
Mr. Axworthy (Saskatoon-Clark's Crossing) 3385
Bill C-296. Motions for introduction and first readingdeemed
adopted. 3386
Bill C-297. Motions for introduction and first readingdeemed
adopted. 3386
Mrs. Tremblay (Rimouski-Témiscouata) 3386
Bill C-298. Motions for introduction and first readingdeemed
adopted 3386
Bill C-299. Motions for introduction and first readingdeemed
adopted 3386
Mr. Axworthy (Saskatoon-Clark's Crossing) 3387
Bill C-20. Consideration resumed of third reading 3389
Mr. Tremblay (Lac-Saint-Jean) 3389
Mr. Tremblay (Lac-Saint-Jean) 3395
Mr. Tremblay (Lac-Saint-Jean) 3398
Mr. Tremblay (Lac-Saint-Jean) 3401
Mrs. Tremblay (Rimouski-Témiscouata) 3402
Bill C-24. Motion for second reading 3414
Mr. Harper (Calgary West) 3421
Mr. Harper (Calgary West) 3421
Mr. Martin (LaSalle-Émard) 3421
Mr. Harper (Calgary West) 3421
Mr. Martin (LaSalle-Émard) 3423
Mr. Martin (LaSalle-Émard) 3423
Mr. Martin (Esquimalt-Juan de Fuca) 3427
Mr. Martin (LaSalle-Émard) 3427
Bill C-24. Consideration resumed of motion for secondreading 3428
Mr. Martin (Esquimalt-Juan de Fuca) 3433
Mr. Martin (Esquimalt-Juan de Fuca) 3434
(Motion agreed to, bill read the second time and referred to a
committee.) 3438
Bill C-32. Motion for second reading 3438
Mr. O'Brien (London-Middlesex) 3446
Bill C-20. Consideration resumed of motion for thirdreading and the
amendment 3448
Amendment negatived on division: Yeas, 49; Nays, 153 3448
Motion agreed to on division: Yeas, 157; Nays, 49 3449
Bill C-274. Motion for second reading 3450
Bill C-32. Consideration resumed of second reading 3458
Mrs. Tremblay (Rimouski-Témiscouata) 3458
Mrs. Gagnon (Québec) 3461
Division on motion deferred 3464
Bill C-6. Motion for second reading 3465
(Motion agreed to, bill read the second time and referred to a
committee.) 3478
3383
HOUSE OF COMMONS
Tuesday, June 4, 1996
The House met at 10 a.m.
_______________
Prayers
_______________
ROUTINE PROCEEDINGS
[
English]
Mr. Paul Zed (Parliamentary Secretary to Leader of the
Government in the House of Commons, Lib.): Mr. Speaker,
pursuant to Standing Order 36(8), I have the honour to table, in
both official languages, the government's response to 11 petitions.
* * *
Hon. Raymond Chan (Secretary of State (Asia-Pacific),
Lib.): Mr. Speaker, I rise today on the occasion of the seventh
anniversary of the tragic events of 1989 in Tiananmen Square to
present to the House an update of the government's continuing
efforts to engage Chinese leaders on these issues.
Our long term relations with China are based on interlocking
pillars: economic partnership, peace and security, sustainable
development, human rights, good governance and the rule of law.
With regard to economic partnership, systematic and wide ranging
contact leads to calls for greater openness and freedom. Trade
reduces isolationism. Trade also expands the scope of international
law and generates the growth required to sustain social change and
development. A society that depends little on trade and
international investment is not open to the inflow of ideas and
values.
My recent meetings with regional leaders in China reviewed a
sensitivity to the need for rule of law and a clear, fair, transparent,
legal and regulatory framework. While there was a recognition that
China had a long way to go, there was also serious intent.
Respect for human rights and the rule of law in China are
essential Canadian objectives. On the bilateral front, Canada is
developing a constructive dialogue on human rights issues.
Recently bilateral dialogue at the official level was held in Beijing
and we are assisting China in reform of its legal and judicial
structures.
Multilaterally we expressed concern about violations of human
rights and fundamental freedoms in China. Canada uses every
opportunity to discuss our concerns with the Chinese government.
Good governance and the rule of law were major themes of the
recent visit to Canada of the Chairman of the Standing Committee
of the National People's Congress, Qiao Shi. Mr. Qiao and his
delegation met many of the people embodying the rule of law in
Canada and held in depth discussions with them.
The Chinese delegation was quite interested in the workings of
Canada's Parliament and legal systems. It is our hope we can build
on this to assist China in creating an environment that is more
respectful to the rule of law.
My recent trade mission to China was also an excellent example
of our government's approach toward China. While I helped
Canadian firms meet face to face with key decision makers in
booming regional markets, I also used this trip to raise human
rights issues with Chinese officials in Beijing.
For the first time we received assurance from Chinese officials
that the 100,000 Canadians in Hong Kong can remain permanent
residents there after 1997 and continue to receive Canadian
consular protection.
I also told Chinese officials that China's plans to install a
temporary legislative counsel in Hong Kong is damaging the
competence of the Hong Kong people as well as the international
community.
In meetings with foreign affairs minister Qian Qichen, I pressed
the issue of human rights and the treatment of dissidents in China. I
also met with the sister of imprisoned dissident Wei Jing Shang to
discuss this case while she was in Canada.
As I pointed out to the Chinese authorities on my recent trip, I
agree there have been significant human rights improvements in
the everyday lives of ordinary Chinese since 1989. Individuals now
have a greater freedom of mobility within China. Food rationing
has disappeared and people can seek their own employment.
However, this does not excuse the fact that human rights leaders
and pro democracy activists continue to receive swift and harsh
punishment. Let me point out today that I disagree with those who
3384
argue democracy is not appropriate in Asia because it is alien to
Asian values such as Confucianism.
The ruling class always elaborates this in its own self-interest. It
manipulates Confucianism to support its own cause. As far as I am
concerned, democracy and freedom of thought are well entrenched
in Confucian thought.
We will continue to point out to the Chinese government through
both bilateral and multilateral channels that it still does not meet
the basic requirements necessary to protect human rights.
At the same time, we will continue assisting the Chinese in
specific areas such as trade, regional security and improved
bilateral projects to help create an environment in China that in the
end respects basic human rights.
[Translation]
Mr. Maurice Bernier (Mégantic-Compton-Stanstead,
BQ): Mr. Speaker, I am pleased to speak this morning on behalf of
the Bloc Quebecois to mark this 7th anniversary of the Tiananmen
Square massacre on June 4, 1989, when thousands of students fell
victim to the brutal repression of the Chinese regime, which
savagely put down their democratic movement.
(1010)
As I said yesterday in this House, this great democratic
movement had raised a great deal of hope, and yet today we are
compelled to note that the situation in China is far from improved.
Thousands of Chinese are still victims of repression and their rights
are constantly being trampled.
I was somewhat amazed to hear the Secretary of State for Asia
and the Pacific's review of the so-called efforts of his government
to bring the Chinese leaders to respect human rights. We need only
recall the Prime Minister of Canada's response here in this very
House on March 22, 1994, when the Leader of the Opposition, Mr.
Bouchard, asked him to act to protect human rights in China. The
Prime Minister replied: ``If I told the President of China, who
represents 1.2 billion people, that the Prime Minister of Canada
was telling him what to do, he would laugh in my face''. So much
for what the leader of the Government of Canada thinks of the
importance of human rights.
What the secretary of state has said is barely credible, and the
government's position is no more so, when it comes to the pillars
upon which Canada's long term relationship with China rests, the
fourth in particular: human rights, good governance and the rule of
law. Quite a pillar. How could such a close link be made between
good governance and the promotion of human rights? That takes
some doing.
In his statement on June 9, 1994 here in this House, the secretary
of state reserved his fourth pillar for human rights and the rule of
law. In 1996, he is adding good governance. What will be added in
1997, I wonder. Concretely, all that the secretary of state sees fit to
say is that, bilaterally, Canada is continuing a constructive dialogue
on the question of human rights, while on the multilateral level, it
is voicing its concerns. Quite an agenda, that.
Even more surprising in the statement by the secretary of state is
what he said after reporting that he raised the question of human
rights with Chinese officials. He said that Chinese officials, we are
not sure which ones exactly, apparently gave assurances for the
first time it seems that the 100,000 Canadian nationals in Hong
Kong will retain their right to permanent residence following the
hand over in 1997.
As late as yesterday, one of the Hong Kong papers mentioned a
plan for the evacuation of Canadian nationals in the event of a
crisis. It provided for their removal by air and by sea. I was also
surprised to hear the secretary of state say that human rights had
substantially, and nothing less than substantially, improved in the
daily life of the Chinese since 1989. I do not know where the
secretary of state's information comes from, but I would question
it.
Amnesty International's official reports paint a very different
picture. Perhaps the secretary of state is prepared to contest their
validity. From them we learn instead that hundreds of political
dissidents and members of certain religious and ethnic groups are
victims of arbitrary arrests and that many of them, including
prisoners of conscience, are being held without charge or sentence
or are condemned to prison terms at the end of unfair trials.
Thousands of political prisoners and prisoners of conscience
arrested a number of years ago remain incarcerated. Torture and
poor treatment of prisoners are commonplace. At least 2,496 death
sentences and 1,791 executions have been reported. This is a very
brief summary of the situation in China in 1995, according to
Amnesty International.
I will close on an equally sombre note, in my opinion. The
government's petty approach, a break with longstanding tradition,
considerably undermines Canada's credibility abroad in promoting
respect for human rights. Practically no country anymore gives any
credibility to the words of the present government on this matter.
The best example I have of this may be found in the treatment
recently given Tran Trieu Quan by the Vietnamese government. He
now has his feet chained every day from 3 p.m. until the following
morning.
(1015)
All the Canadian government could muster in this matter was a
slightly more strongly worded letter, according to a spokesperson
for foreign affairs. This is shameful. The only real human rights
spokesperson internationally is Craig Kielburger, a young man 14
3385
years of age from Toronto, who condemns the bad treatment given
a number of different groups in the world.
We therefore take this opportunity today to condemn the
Canadian government whose foreign affairs practices are dictated
by a human rights policy that is soft, insignificant and likely to
precipitate human rights violations.
[English]
Mr. Lee Morrison (Swift Current-Maple
Creek-Assiniboia, Ref.): Mr. Speaker, it is very appropriate that
we take today, the seventh anniversary of the Tiananmen massacre,
to remember those who died and to speak out in support of
democracy and human rights.
The tragedy in Beijing that day was a black mark on human
history. Peaceful protest for greater political freedom and
democracy is a right that must transcend all borders and all
cultures. That is why Canada must promote these values
throughout the world.
The kind of tragedy that occurred in Beijing unfortunately is not
isolated to China alone. Therefore, promoting democratic
principles throughout the world and reforming developing world
legal institutions should be a priority area for Canadian foreign
policy. By concentrating on these two areas we can help to increase
political freedom and reduce the level of serious human rights
abuses.
To achieve this goal we would like to see the government take a
two-pronged approach. On the one hand, Canada should support
using our aid programs to promote the strengthening of democratic
and legal institutions in the developing world. This would include
things such as monitoring elections to make sure they are free and
fair, providing legal expertise to reform the court systems and
providing training for police so that they will serve and protect
rather than intimidate and bully their populations. Of course this
may not be relevant to our relations with China, but certainly there
are countries where we could have real influence. It is our hope that
through this type of policy we can help the people in the developing
world to establish democratic and legal institutions which ordinary
people trust.
The other approach we suggest is to support international NGOs
and the private sector in developing countries to build up civil
society as a vehicle to improve human rights and democracy. As
social and business groups emerge as legitimate political forces in
developing countries, they will be able to assert themselves and
work against corruption and government abuse.
In the case of China it is vitally important that the Canadian
government take a strong and constructive stand in support of
human rights and democratic development. While we may be
unable to get dramatic changes overnight, it is essential that we
build for the future to ensure that the events of Tiananmen may
never be repeated.
I urge the government to do everything possible to contribute to
the improvement of human rights in China and in the rest of the
world, and to maintain open and frank discussions with the Chinese
authorities when abuses take place. If we can build a better, more
democratic future for China, then we will honour those who died in
Tiananmen seven years ago. That should be our goal. We must not
fail for the sake of our children.
* * *
Hon. Sheila Finestone (Mount Royal, Lib.): Mr. Speaker,
pursuant to Standing Order 34(1), I have the honour to present to
the House, in both official languages, the report of the Canadian
group of the Interparliamentary Union which represented Canada
at the 95th Interparliamentary Conference held in Istanbul, Turkey
from April 13 to 21.
(1020 )
May I commend this report to members of the House for their
information on a number of important issues being dealt with right
here in Canada. In particular are the key roles we played in setting
the directions for resolutions on the conservation of world fish
stocks, on the move to a worldwide ban on land mines, on fighting
the scourge of international terrorism and on the internal and
external rights of minorities which have been so well addressed by
all three parties this morning on the occasion of the memory of
Tiananmen Square. I encourage those who are interested to read it.
* * *
Mr. Chris Axworthy (Saskatoon-Clark's Crossing, NDP)
moved for leave to introduce Bill C-295, an act to amend the
Criminal Code (dangerous offenders).
He said: Mr. Speaker, this bill extends the category of dangerous
offenders to include child sexual offenders. Indeed it requires the
courts, rather than giving them the discretion, to find a person a
dangerous offender in the event that the offender fails to show any
ability to control his impulses and refuses to participate in
programs which might assist him and the safety of the public.
It is part of a general strategy which I think we all support to put
our children first and to deal with dangerous offenders, in
particular child sexual offenders, in a serious and committed way.
(Motions deemed adopted, bill read the first time and printed.)
3386
Mr. John Cannis (Scarborough Centre, Lib.) moved for leave
to introduce Bill C-296, an act to amend the Corrections and
Conditional Release Act (rehabilitation programs).
He said: Mr. Speaker, this private members' bill will require
federal inmates to complete programs that will assist in their
rehabilitation and make their parole request contingent upon their
successful completion of such programs.
Currently enrolment is voluntary. Inmates know that if they
enrol in specific programs they will be looked upon much more
favourably at their parole hearings.
Another problem that exists is availability of such programs.
There is no consistency in the corrections system. The program
may be available at one penitentiary but not at another.
The bill specifically seeks to make changes that would ensure
that rehabilitation programs are available where needed, that
inmates are counselled as to which programs they need most, and
most important, that their parole request is dependent upon their
successful completion of such appropriate programs.
(Motions deemed adopted, bill read the first time and printed.)
* * *
[
Translation]
Mrs. Suzanne Tremblay (Rimouski-Témiscouata, BQ)
moved for leave to introduce Bill C-297, an act to revoke the
conviction of Louis David Riel.
She said: Mr. Speaker, it has been over 110 years since Riel was
hanged following a trial tainted with irregularities. He was
sacrificed by the then Prime Minister to the powerful Ontario
lobbies. He was hanged because he was a Metis, because he was a
francophone and because he stood up for a distinct society.
This is the second time we introduce a bill to that end. It has been
introduced before by several other members of this House. Louis
Riel is one of the Fathers of Confederation. This must be
recognized officially. It is not enough to pardon him posthumously.
We must reverse the conviction against him.
(Motions deemed adopted, bill read the first time and printed.)
(1025 )
[English]
Mr. Bob Ringma (Nanaimo-Cowichan, Ref.) moved for
leave to introduce Bill C-298, an act to replace the allowance
provided by the Members of Parliament Retiring Allowances Act
with an allowance funded by members' contributions to assist their
transition back to private life.
He said: Mr. Speaker, it is my pleasure today to reintroduce this
private members' bill on members of Parliament pensions.
This bill is based on input from my constituents and represents
what the average Canadian feels an MP's pension plan should look
like. Unlike the current government bill on this issue, my bill
would do away with the cash for life plan in favour of a privately
controlled RRSP style fund with no contributions from the
taxpayer.
My bill would allow MPs to plan ahead for the future or provide
them with funds for transition back into private life. This proposal
is fair to all MPs and they will all be treated equally. There is none
of this trough regular and trough light which we hear many
constituents complain about.
(Motions deemed adopted, bill read the first time and printed.)
* * *
Mr. Peter Milliken (Kingston and the Islands, Lib.) moved
for leave to introduce Bill C-299, an act to amend the Canadian
Human Rights Act.
He said: Mr. Speaker, this bill is very similar to one I introduced
in the last Parliament. It introduces a series of amendments to the
human rights act recommended by the report of the human rights
commissioner in 1989. It has taken some time for some of these
recommendations to be acted upon. This is an attempt to speed up
the process.
In addition, in light of the most recent change to the human
rights act, this bill also amends the human rights code to provide
that in carrying out any special program, plan or arrangement
designed to prevent disadvantages that are likely to be suffered by
any group of individuals, when those disadvantages would or could
be based on or related to sexual orientation, those will also be
covered.
It is a technical amendment that follows on the other. I believe
all these amendments will commend themselves to all hon.
members.
3387
(Motions deemed adopted, bill read the first time and printed.)
* * *
Mr. Mac Harb (Ottawa Centre, Lib.): Mr. Speaker, I have six
different petitions dealing with different subject matters which I
would like to table pursuant to section 36.
Mr. Chris Axworthy (Saskatoon-Clark's Crossing, NDP):
Mr. Speaker, pursuant to Standing Order 36, I am pleased to present
some petitions totalling about 530 signatures from people across
Saskatoon. They call upon the House of Commons to do something
about rising gas prices and to ensure that consumers are not gouged
at the gas pumps.
Mr. John Williams (St. Albert, Ref.): Mr. Speaker, I have two
petitions I would like to present this morning on behalf of my
colleague, the member for Medicine Hat.
Unfortunately both petitions are a little late in the agenda of this
House. The first one requests that Parliament not amend the
Constitution as requested by the Government of Newfoundland and
allow the educational reforms to take place within the context of
the framework agreement reached in that province.
Mr. John Williams (St. Albert, Ref.): Mr. Speaker, again I am
presenting this petition on behalf of the member for Medicine Hat.
His constituents pray and request that Parliament not amend the
Canadian Human Rights Act and the charter of rights and freedoms
in any way which would tend to indicate societal approval of same
sex relationships or of homosexuality, including amending the
Canadian Human Rights Act to include in the prohibited grounds of
discrimination the undefined phrase of sexual orientation.
(1030 )
Ms. Jean Augustine (Etobicoke-Lakeshore, Lib.): Mr.
Speaker, pursuant to Standing Order 36, I have the honour to
present three petitions.
The first two petitions call on Parliament not to amend any act or
code to allow sexual orientation as prohibited grounds for
discrimination.
Ms. Jean Augustine (Etobicoke-Lakeshore, Lib.): Mr.
Speaker, the third petition is from the United Senior Citizens of
Ontario Inc.
They draw to the attention of the House and call on Parliament to
request the longstanding Canadian practice of marketing generic
drugs in a size, shape and colour which is similar to that of its brand
name equivalent. They are concerned about the safety of
consumers.
Mr. Bob Ringma (Nanaimo-Cowichan, Ref.): Mr. Speaker,
on behalf of over 2,500 citizens of Quebec, many of whom are
from Hudson, Pointe-Claire, Baie-d'Urfé and Rigaud, I am pleased
to present a petition reaffirming their right to self-determination
and requesting that Parliament take the necessary measures to
guarantee that their properties and territories will remain within
Canadian Confederation and to make Parliament's intention to do
so known to the PQ government prior to a unilateral declaration of
independence and/or the next referendum on separation.
This is but one-half of a petition with over 5,000 signatures from
the citizens of the riding of Vaudreuil.
Mr. John O'Reilly (Victoria-Haliburton, Lib.): Mr. Speaker,
pursuant to Standing Order 36, I am pleased to present a petition
from people in the beautiful part of Ontario, Coboconk, Fenelon
Falls, the Victoria-Haliburton area, calling on Parliament to enact
legislation at the earliest opportunity to provide in Canadian law
that no criminals profit from committing a crime.
Mr. Peter Milliken (Kingston and the Islands, Lib.): Mr.
Speaker, I am pleased to present two petitions to the House. The
first one has been solicited by the hon. member for
Yorkton-Melville in his effort to drum up opposition to
government Bill C-33 to amend the human rights act. It is signed
by some residents of the Kingston area who have apparently
responded to his call for opposition. I am pleased to present this
petition.
Mr. Peter Milliken (Kingston and the Islands, Lib.): Mr.
Speaker, the second petition deals with Bill C-205 introduced by
the hon. member for Scarborough West which bans criminals
profiting from their crimes. It is signed by numerous residents of
the Kingston area in support of the hon. member for Scarborough
West and his bill.
* * *
Mr. Paul Zed (Parliamentary Secretary to Leader of the
Government in the House of Commons, Lib.): Mr. Speaker, the
following questions will be answered today: Nos. 42, 45 and 46.
3388
[Text]
Question No. 42-Ms. Meredith:
What was the total cost of the Minister of Citizenship and Immigration's trip
to Hong Kong and India in April 1996 and (a) who accompanied her on this trip;
(b) if anyone from outside the Public Service of Canada did accompany her,
what are their names and who paid for their expenses and provide details of
these expenses; and (c) what was the minister's detailed itinerary during this
visit?
Hon. Lucienne Robillard (Minister of Citizenship and
Immigration and Acting Minister of Canadian Heritage, Lib.):
The total cost of the Minister of Citizenship and Immigration's trip
to Hong Kong and India in April 1996 was $16,169.29, including
the expenses of the minister's press secretary who was the only
person who accompanied the minister.
The Minister's itinerary during this visit was as follows:
Montreal to New Delhi-April 8 (Monday). Depart Montreal
(Mirabel) on British Airways Flt 94 at 21:45 hrs.
April 9 (Tuesday). Arrive London (Heathrow) at 09:05 hrs.
Flying time is 6 hours and 20 minutes. Transit time is 2 hours and
40 minutes. Depart London (Heathrow) on Air Canada Flt 896 at
11:45 hrs.
April 10 (Wednesday). Arrive New Delhi at 00:40 hrs. Flying
time is 8 hours and 25 minutes. Total travel time is 17 hours and 25
minutes.
April 10 (Wednesday) to April 13 (Saturday). In New Delhi, the
minister addressed the Indo-Canada Business Council and met with
officials of India's Ministry of Foreign Affairs. As well, the
minister personally observed for the first time our immigrant and
visitor operations abroad.
New Delhi to Hong Kong-April 13 (Saturday). Depart New
Delhi on United Airlines Flt 2 at 23:55 hrs.
April 14 (Sunday). Arrive Hong Kong at 07:50 hours. Flying
time is 5 hours and 25 minutes. Total travel time is 5 hours and 25
minutes.
April 14 (Sunday) to April 18 (Thursday). In Hong Kong, the
minister's key objective was to get a better sense of the realities
``on the ground'' before reaching crucial decisions which may
impact on the flow of immigrants and visitors from Hong Kong.
The minister met with Mr. Chris Patten, Governor of Hong Kong;
Mr. Peter Lai, Secretary for Security and other officials. As well,
the minister addressed the 7th Annual Board of Governors Dinner
organized by the Canadian Chamber of Commerce in Hong Kong.
The minister officially opened the Asia Pacific Foundation's
Canadian Educational Centre whose objective is to attract more
local sutdents to study in Canada. The minister also visited the
Canadian International School in Hong Kong.
Hong Kong to Montreal-April 18 (Thursday). Depart Hong
Kong on Canadian Airlines Flt 1088 at 13:30 hrs. Arrive Vancouver
at 09:50 hrs. Flying time is 11 hours and 20 minutes. Change of
equipment. Transit time is 2 hours and 50 minutes. Depart
Vancouver on Canadian Flt 1088 (flight continues) at 12:40 hrs.
Arrive Montreal at 20:15 hrs. Flying time is 4 hours and 35
minutes. Total travel time is 18 hours and 45 minutes.
Question No. 45-Mr. Ringma:
With respect to the provisions of the Canada-U.S.A. tax treaty, what has the
Government of Canada determined to be the total amount of money withheld by
the United States from resident Canadians receiving pensions from U.S. sources
since changes were implemented in 1995?
Mr. Barry Campbell (Parliamentary Secretary to Minister of
Finance, Lib.): As of January 1, 1996, social security benefits paid
by the United States government to residents of Canada ceased to
be taxable in Canada. Instead, the benefits are subject to tax in the
United States. This is presumably the change to which this question
refers.
The rate at which the United States taxes a particular benefit
depends on several factors. The most important of these is the
citizenship of the recipient. The U.S. taxes its citizens on their
worldwide income. If a resident of Canada is a U.S. citizen, any
U.S. social security benefits will be taxed at the same rate as they
would be taxed domestically. That rate will vary according to the
recipient's income and personal circumstances. Social security
benefits paid to non-U.S. citizens who are U.S. resident aliens
(``green card holders'') are taxed in the same manner.
A resident of Canada who is neither a U.S. citizen nor a U.S.
resident alien but who nonetheless receives U.S. social security
benefits pays the standard 30 per cent U.S. withholding tax on 85
per cent of the amount of the benefits, the equivalent of a 25.5 per
cent tax on the whole benefit (.3 x .85 = .225).
These variations among the tax rates paid by Canadians
receiving U.S. benefits make it impossible for the Government of
Canada to estimate with any accuracy the total amount of tax the
United States will collect on this income.
Question No. 46-Mr. Ringma:
With respect to the 25 per cent withholding provision contained in the
Canada-U.S.A. tax treaty on pensions paid by United States sources to
Canadians, what has the Government of Canada determined to be (a) the total
number of resident Canadians who are subject to the withholding provisions of
this treaty, (b) the total number of resident native Canadians who are subject to
the withholding provisions of this treaty, and (c) the section of the treaty which
allows for different application of its provisions to native and non-native
Canadians who are recipients of pensions from U.S. sources?
Mr. Barry Campbell (Parliamentary Secretary to Minister of
Finance, Lib.): This question is assumed to relate to the income
tax treatment of cross-border social security benefits, rather than to
the taxation of pensions generally.
Based on figures provided by the United States Government, the
total number of residents of Canada receiving U.S. social security
benefits is estimated to be about 81,000. It should be noted that this
figure may include persons temporarily in Canada and others who
would not be considered residents of Canada for income tax
purposes. It also includes recipients who are U.S. citizens, and who
are thus liable to U.S. tax on all of their income. The number of
3389
recipients is thus significantly greater than the number who are
subject to U.S. withholding tax.
No information is available as to the number of native Canadians
who receive U.S. social security benefits. The Canada-United
States Income Tax Convention does not make any special provision
for native Canadians. The convention would probably not preclude
the United States from choosing, as a matter of internal policy, to
provide more favourable treatment to native Canadians than to
other Canadians. The Government of Canada is not aware of the
United States having implemented any such policy.
[English]
Mr. Zed: Mr. Speaker, I ask that the remaining questions be
allowed to stand.
The Deputy Speaker: Is that agreed?
Some hon. members: Agreed.
_____________________________________________
3389
GOVERNMENT ORDERS
[
Translation]
The House resumed from Wednesday, May 29, consideration of
the motion that Bill C-20, an act respecting the commercialization
of civil air navigation services, be read the third time and passed,
and of the amendment.
Mr. Stéphan Tremblay (Lac-Saint-Jean, BQ): Mr. Speaker, I
will use the last five minutes allotted to me to summarize what I
said previously.
My colleague's amendment will be dealt with by other members.
As for me, I prefer to focus on Bill C-20 itself. I will address two
questions: what will happen, and what I fear from this bill.
For those who are not familiar with this bill, it concerns the
privatization of air navigation services, which will imply additional
costs. The users of air services and air navigation services will foot
the bill.
I am ready to admit that we must all tighten our belts,
considering the state of public finances. However, I fear something
that I will share with you.
The Nav Canada committee was created to set a fee schedule for
all types of carriers. What I fear is that small carriers will be
forgotten. We know perfectly well that a $1 increase in fares means
a $1 loss in sales for small carriers.
(1035)
This could have a very negative impact on the regions. I am
talking here about small carriers who employ mechanics, baggage
handlers, receptionists and pilots who play an important part in a
region's economy.
Businessmen and women often have to go to Montreal or Quebec
on business. I speak for my region of course, but it is the same in
other remote regions in the rest of Canada. If ever they impose a fee
structure that is too high for small carriers, I fear that some of them
will not survive. I can tell you they already have a hard time,
because of the small number of passengers.
I will never try hard enough to convince the government that the
Nav Canada committee must establish a good fee schedule so that
big carriers will pay just as much as small ones, if not more,
because they are probably in a better position to do so.
This sums up my concerns and I think they are justified since
there are no Quebecers on the Nav Canada committee. Time will
tell if I am right.
Mr. Maurice Dumas (Argenteuil-Papineau, BQ): Mr.
Speaker, I am pleased to rise this morning to speak to Bill C-20, an
act respecting the commercialization of civil air navigation
services, at third reading.
Since 1994, the Bloc Quebecois' position has been pretty much
the same. The principle of privatization has always been acceptable
to us, but we question how it is being applied. With the creation of
Nav Canada, a not for profit organization, profitability obviously
becomes the main concern. The objective of the Bloc Quebecois is
to put the safety of passengers, staff, air carriers and the public
ahead of any other consideration when business decisions are made
by Nav Canada.
As I mentioned in the speech I gave in this House on this bill on
May 17, this corporation bears a striking resemblance to ADM, a
corporation which is not for profit and has no capital stock. For
those who do not know it, ADM means Montreal airports, namely
Mirabel and Dorval.
On August 1, 1992, ADM signed a lease with Transport Canada
giving it the mandate to manage, run and develop Dorval and
Mirabel airports. ADM is headed by a board of seven directors
representing businesses in metropolitan Montreal-when I say
metropolitan Montreal, I should really be saying Montreal, because
there is only one director from the Lower Laurentians on the
board-and by a CEO appointed by the seven agencies making up
SOPRAM, the body responsible for promoting Montreal airports.
Mirabel airport is located in my riding, and I am very concerned
by ADM's decision to transfer flights from Mirabel to Dorval. This
3390
decision is a source of grave concern for me as we are wondering
about the safety of passengers, staff, air carriers and the public at
large. The CESAMM, a wide coalition in support of
Montreal-Mirabel airport, has voiced its opposition to ADM's
decision to transfer international flights from Mirabel to Dorval.
Even the Quebec transport minister, Jacques Brassard,
disapproves of ADM's decision. He said that the arguments
presented by ADM since it made this decision have many flaws.
(1040)
According to Mr. Brassard, the Quebec government noted ``no
environmental impact assessment for the long and medium terms,
making it impossible to judge this aspect of the issue''. Second, he
points out how uncertain the new future reserved for Mirabel is. He
says that ``a study conducted in 1994 by SNC-Lavalin for the
Quebec transport department concluded that the lack of
profitability of general freight services shows that the development
of air freight strategies cannot be based on this sector. Analysis
conducted by the MICST, the trade and industry department,
yielded no decisive results regarding the impact in Canada of the
free zone concept as suggested by ADM''.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Mr. Speaker, a point of order. I apologize for
interrupting the hon. member, but I understand that what is being
debated today is third reading of the transfer of Canada's air
navigation system to Nav Canada.
The hon. member has spent the last five minutes talking about a
whole different issue, the Aéroports de Montreal and the operations
of Mirabel and Dorval. Quite frankly it is not on topic.
[Translation]
The Deputy Speaker: My colleagues, as you know, it is always
a problem for the Speaker if someone strays a little from the
subject, but I am sure our colleague will get to the point very
rapidly.
Mr. Dumas: Mr. Speaker, I would like to point out to my
colleague that I was making a comparison. I said so earlier.
This company strangely looks like ADM and that is why, of
course, I allowed myself to talk about it here when dealing with the
problem caused by the transfer of Mirabel flights to Dorval.
The distinction between regular and charter air services is
diminishing so that a considerable reduction of charter activities at
Mirabel cannot be excluded, which could put into question the
airport's financial profitability. Several carriers that were consulted
by the Department of Transportation pointed out they expected
Mirabel to close sooner or later.
As a result of the Quebec government's position on this issue,
ADM's chief executive officer responded in an article released in
La Presse on Wednesday, May 29, and I quote: ``May I suggest to
you that public hearings on this issue are not necessary, since the
area has long been waiting for these undertakings and there is a
wide consensus on this''.
Furthermore, Jacques Auger mentioned that the nature of the
company's project was not subject to the assessment process
provided for in each of the acts. Why? Because we are not
enlarging Dorval airport, we will not increase its surface, we are
not adding new runways, nor are we extending existing ones''.
ADM's decision is a blatant lack of transparency, as would be
the case for Nav Canada, because the people involved are still
demanding public hearings. A second mistake should be avoided.
The first one was made when the land around Mirabel was
expropriated. Are we going to say once again to the people in my
riding that it was another administrative error?
Bill C-20 must not be adopted, because it does not take into
account the safety of the people concerned. A report from the
Transportation Safety Board of Canada lists the aeronautical
incidents that occurred around Mirabel and Dorval between
January 1, 1981 and May 10, 1996.
This report also deals with safety matters. It points out that,
during the same period, 89 reportable incidents occurred at Mirabel
as opposed to 284 at Dorval. It concludes by demonstrating that the
number of accidents is 13 times higher at Dorval than at Mirabel.
Even if the percentage of fatal accidents is low, with over 60
million passengers passing through Canadian airports every year,
one must not forget the impact of transferring flights to Dorval.
(1045)
A group of citizens calling themselves ``Citizens for Quality of
Life'' or CQV in French got together to oppose ADM's decision to
transfer flights from Mirabel to Dorval, because it will increase the
level of noise and pollution in neighbouring municipalities without
really generating any economic benefits. These municipalities are
Ville-Saint-Laurent, Dorval and Mount Royal.
Furthermore, this group decided to intervene through the judicial
process. It disclosed new environmental studies that raise many
questions. One of these studies was carried out by the firm of
D'Aragon, Desbiens, Halde et Associés, which maintains that the
studies on air quality published by ADM are incomplete. Two other
studies were done by Rowan, Williams, Davies & Irwin, a
Guelph-based engineering consulting firm with expertise-
3391
[English]
Mr. Keyes: Mr. Speaker, I rise on the same point of order. We
are talking about transfer of air navigation services to a not for
profit corporation called Nav Canada, not air pollution and noise
pollution studies going on at Mirabel and Dorval.
[Translation]
The Deputy Speaker: The Chair is always grateful when a
member on either side of this House stands up to point out that
another member is out of order. I am asking for the co-operation of
all hon. members, wherever they are sitting. It is the same problem
on both sides. Could the hon. member please speak to the bill?
Mr. Dumas: Mr. Speaker, I will conclude on this. We must also
ask ourselves questions about Nav Canada's goals. I would like to
reiterate my position, and that of the Bloc Quebecois, which is that
Bill C-20 should be defeated, as the sole purpose of establishing
Nav Canada is profit and not public security.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Mr. Speaker, I want to address the remarks made
by the member for Lac-Saint-Jean, who I understand is a small
aircraft pilot. He is aware of air navigation services and the level of
safety that has always been priority one for Transport Canada.
I want to address his remarks and the remarks made by the
member who followed. Frankly, the fears of the member regarding
the issue of regionality and regional representation are unfounded.
The Bloc alleges small carriers will be forgotten when Canada's
air navigation system moves to the not for profit corporation. There
are no small carrier or major carrier seats on the Nav Canada board.
There are four seats on the board that are appointed by the largest
national association of Canadian air carriers, the Air Transportation
Association of Canada, ATAC. ATAC draws its membership from
carriers of all sizes, from Air Canada to the flying club the hon.
member for Lac-Saint-Jean may represent.
It is interesting to note that among the initial four directors
appointed by the Air Transportation Association of Canada is Mr.
Iain Harris, the former president and CEO of AirBC. AirBC is not a
big carrier. It is a regional carrier.
The Deputy Speaker: If the member would resume his seat for a
moment. I think it is unfair for a member to get up on questions or
comments when we have moved on to another member. In this case
the member for Lac-Saint-Jean has no opportunity to respond.
I therefore ask the hon. member to confine his comments or
questions to the remarks given by the member who is able to
respond.
Mr. Keyes: Mr. Speaker, I only wish these Speaker's rulings
were as stiff when we first rose on the point of order. I will address
the direct concern of the hon. member who just spoke.
(1050)
Bloc members have presented this argument at every reading and
have focused their concerns on this bill in those two specific areas,
regional representation on the board of Nav Canada and aspects of
safety. Therefore my remark made to the hon. member who spoke
previously was really more of a collective remark. We will
probably get the assurance of the hon. member who will get up in a
moment that is precisely what their focus is on those specific areas.
I have already addressed the small carrier-major carrier attitude
the hon. member is putting forward vis-à-vis representation on the
board, that there is representation. The hon. member is concerned
about the small carrier and specific protection for the small carrier.
Let us take a few examples of what is in Bill C-20 to protect the
charging principles for small carriers.
Paragraph 35(1)(d) prohibits discrimination among Canadian
carriers in terms of charges. This would rule out the use of quality
discounts, for example, which would give a price break to the large
carriers.
Paragraph 35(1)(e) requires a reasonable allocation of costs and
a determination of charges for terminal and en route services. This
would avoid any unjustified loading of costs into the cost base for
terminal charges, which typically impact heavily on the smaller
carriers making frequent landings and take-offs.
The legislation in committee was addressed point by point.
Regrettably the hon. member who just spoke was not at committee.
I hope the hon. member feels reassured at this point. Given that the
bill deals with the Aeronautics Act which looks after safety in this
sector and with Nav Canada, and given the assurances of the large
and small carrier representation on the board, I hope he would have
no problem with the legislation before us today.
[Translation]
Mr. Dumas: Mr. Speaker, I would like to address representation
at this time, since my hon. colleague opposite raised the issue. We
complained earlier about the fact that there were no representatives
from Quebec on Nav Canada. I am now making the same complaint
about ADM, or Aéroports de Montréal, including Dorval and
Mirabel airports. On ADM's board, all members but one are from
the Montreal business community, the only exception being a
businessman from the Lower Laurentians region. That is why we
are afraid that, when the time will come for these individuals to
make a decision and choose one airport over another, it would only
make sense that they would not go for Mirabel, the one in the
Lower Laurentians.
3392
At the time Mirabel was built, the intent was in fact to
eventually all but close down Dorval. But then, in the 1980s, as
a result of a certain lobby gaining great influence, flights were
never transferred from Dorval to Mirabel, as originally planned,
although Mirabel had been built for that very reason, after many
West Island residents complained about the noise and pollution
created around Dorval airport.
Mr. Michel Guimond (Beauport-Montmorency-Orléans,
BQ): Mr. Speaker, I first wish to commend my colleague from
Argenteuil-Papineau for his speech, even if it was interrupted
twice by the Parliamentary Secretary to the Minister of Transport.
The hon. member for Hamilton West is a seasoned and
experienced parliamentarian, who was elected in 1988, and he
knows the procedure better than I do, because I am still a rookie. I
was elected only in 1993.
(1055)
I was very surprised to see the parliamentary secretary
disturbing my colleague repeatedly during his speech, breaking his
train of thought. I am astounded. Does this reflect the position of
the government on this bill or on other bills? Is the government
trying to deny opposition members their free and democratic right
to express themselves in the House?
I am astounded. But I am also disappointed and surprised by the
attitude of the hon. member for Hamilton West, because when I
knew him, during the two and a half years that I was a member of
the committee on transport, which he chaired, he was always
respectful of differences. I wonder if he was told to give us a hard
time.
Some hon. members: Oh, oh.
Mr. Guimond: Back home, on île d'Orléans, this is called
strong-arm tactics. Does the government want to use strong-arm
tactics against the opposition?
Today, I take part in the debate at third reading-
Mr. Keyes: Stay on topic.
Mr. Guimond: Mr. Speaker, could you please call the member
for Hamilton West to order? He felt my colleague talked a little bit
too much about the decision to close Mirabel and reroute flights to
Dorval. I will ask him real questions. I will ask him questions on
Bill C-20 and Nav Canada. I will raise specific questions and you
will see the attitude of government members. The best is yet to
come.
Mr. Keyes: Good, come on.
Mr. Guimond: So, I take part in the debate at third reading-
Mr. Discepola: Oral question period started early today.
Mr. Guimond: Mr. Speaker, could you ask the member for
Vaudreuil, the Chihuahua for Vaudreuil to go bark outside the
House? I cannot concentrate, I cannot even hear myself.
What I wanted to say-
The Deputy Speaker: Dear colleagues, I ask you to listen more
carefully to what members from both sides have to say, so that each
of you can have his or her turn. The hon. member for Vaudreuil will
have his turn presently.
In fact, the hon. member for Vaudreuil can have the floor
immediately after the member who is now talking, if he wishes so.
[English]
Mr. Guimond: Excuse me, Mr. Speaker. I think I mentioned
Hamilton East. There will probably be a member from another
party after the byelection of June 17. I apologize to my colleague,
the parliamentary secretary, whose riding is Hamilton West.
[Translation]
This legislative measure provides the legal framework to
transfer Canada's air navigation services from Transport Canada to
Nav Canada, a non profit corporation incorporated under part II of
the Canada Corporations Act.
I want to say from the outset that the official opposition is not
opposed to the sale of air navigation services to Nav Cananada, for
an amount of $1.5 billion. However, we are most concerned about
safety. Through the amendment moved by the hon. member for
Kamouraska-Rivière-du-Loup, the Bloc Quebecois wants to
ensure that the safety of passengers, airline personnel and the
public has priority over all other considerations in business
decisions made by Nav Canada.
Those interested in this privatisation of ANS will not be
surprised by the position of the Bloc today. Right from the start,
members knew where we stood. As the official opposition, we do
not have a reputation for flip-flopping like the government, which
changes its position at every whim of the electorate. The Bloc
Quebecois has always had a consistent position on this matter.
Right from the start, official opposition members have tried to
convince the government and Nav Canada that the security and the
interest of the public should come before the commercial interest
of Nav Canada. This will now be a private corporation which will
not necessarily have the public interest as its top priority. Its first
goal will be its own viability.
Unfortunately, in our capitalist system, commercial interest
sometimes takes precedence over other considerations, particularly
in air navigation security.
3393
(1100)
Amendments by the Bloc were discussed in committee and at
report stage, and we tried to have this principle recognized. But the
Liberal majority has stubbornly refused to move, and all our
amendments have been rejected. Through the parliamentary
secretary, this same Liberal majority wants to stifle our opposition
and limit our excellent speeches.
Today, we are leading a final attack against this bill to make sure
the security of passengers, of air carriers and of the general public
take precedence over any effort to better serve private interests. But
the government is turning a deaf ear.
On May 29, in the House, the Parliamentary Secretary to
Minister of Transport, the hon. member for Hamilton West, bluntly
admitted that the sale of ANS to Nav Canada would bring in an
amount of $1.5 billion to be applied to reduction of the federal
deficit. That seemed to justify the swift passage of the bill.
The Bloc does not challenge that amount, but I raise question for
your consideration, Mr. Speaker. Is the air navigation system really
worth $1.5 billion? It is part of the Canadian heritage, the heritage
of Quebec's and Canada's taxpayers. Is this a botched up sale, a
garage sale, a bankruptcy sale? To some extent, taxpayers' money
is being squandered. As far as we know, this air navigation control
system was paid for with the taxes of Quebecers and Canadians.
Quebecers pay $30 billion in taxes to Canada every year. When
the federal government invests money in our province, I hope it
does not think it is giving us a gift. When senior citizens get their
pension cheques with a maple leaf in the corner, they should not
think the federal government is giving them a gift. This is their own
money they are receiving.
The parliamentary secretary swept the safety issue under the rug
when he said: ``Safety will continue to have the highest priority for
Transport Canada'', said the parliamentary secretary and member
for Hamilton West. ``Safety regulations will be in place before
ANS is transferred. Transport Canada will monitor and enforce
compliance with these regulations as it does now in the case of
airlines''.
I continue to quote: ``The Aeronautics Act which sets out the
regulatory framework to maintain the safety and integrity of the
aviation industry will continue to prevail. I point out to Bloc
members, said the parliamentary secretary, that the Aeronautics
Act will prevail over the ANS Act.''
The parliamentary secretary answered ``by the book'', as we say
back home. He urges us not to think that our safety is at risk. In
other words, he implies that we tend to be a bit paranoid, since we
always worry about accidents. But we have good reason to worry. I
must tell the parliamentary secretary that he is known for his
arrogance and his lack of understanding.
I recall vividly the day the Coalition to save the Quebec City
bridge came here to present its brief-the parliamentary secretary
is about to rise to say that I am getting off the NavCan issue. I just
want to remind him of what he said during the debate over the
privatisation of CN Rail, when a request was made to exclude the
Quebec City bridge, which is part of world heritage. He stated that
the government was not about to start saving every small structure
at the end of a country road.
He compared the Quebec City bridge, something the residents of
the Quebec region take pride in, to a small structure at the end of a
country road. That is what the parliamentary secretary said when he
was-
[English]
Mr. Keyes: A point of order, Mr. Speaker. For the record, I said
no such thing.
The Deputy Speaker: I think that is a point of debate. The hon.
member for Beauport-Montmorency-Orléans.
[Translation]
Mr. Guimond: Mr. Speaker, we will speak of motion No. 15
amending clause 32 of the bill so that charges may be imposed to
the Department of National Defence or a user in respect of a state
aircraft of a foreign country.
(1105)
We know that small air carriers have already proposed that
charges be imposed to the National Defence. Is it normal, realistic
or even acceptable that, in 1996, National Defence has a $10.8
billion budget paid with taxpayers' money while there is no more
war threat, the cold war is over, and there is detente all over the
world? The generals, National Defence employees act like a
government inside the government. Is it normal that National
Defence does not have to pay for its aircraft? This would be a good
point to develop when the parliamentary secretary speaks a little
later. We will ask him if he finds that acceptable.
Here is the position of the Bloc Quebecois. According to the
Bloc, it is unfair that carriers pay for the services provided to
National Defence; if clause 32(2) is not amended, it will still allow
for hidden spending by National Defence. The Bloc Quebecois has
always asked for the reduction of military spending. Therefore, it is
important to know what the real cost of military spending.
Moreover, and this is the ultimate argument, private air carriers
should not have to pay for National Defence.
I could also mention another example and ask for more
information from the parliamentary secretary when he speaks on
Bill C-20. Can the government guarantee that services in French
will be
3394
maintained over the Quebec territory and the Ottawa territory,
which is officially bilingual, when this bill is implemented?
I already know what the parliamentary secretary will answer me.
Later, when he comments, maybe he will say that, pursuant to the
provisions of Bill C-20, the Official Languages Act will still be in
force. We will have to see whether the provisions of this act will
apply to Nav Canada's operations, to its corporate headquarters, its
administrative services and the regional control centres. But can
the parliamentary secretary ensure us that the Francophones in
Quebec who, in 1975-1976, won the fight of the Association des
Gens de l'Air du Québec, gained the right for a francophone pilot to
speak to a francophone air traffic controller in the language they
both choose?
What I am explaining could look like an aberration and might
seem stupid, but before the fight of these people in 1975, it was
totally and specifically forbidden for Francophones to have a
conversation in French, for instance between someone in the
cockpit and someone in the control tower or at a regional control
centre. It was an aberration.
I would like to hear more about this, because this is one of the
concerns of the Bloc Quebecois. With the cost-effectiveness
requirements, maybe nothing would prevent the closure of all
regional control centres and the transfer of their operations to a
large commercial centre, for instance in Mississauga, in Ontario,
which would control the entire air corridor in Canada. To make the
operations cost-effective, maybe services in French would be
reduced.
It may seem like an aberration that two Francophones were not
allowed to speak French in the field of aviation. But I would
remind you that pilots flying over the lower North Shore and the
Magdalen Islands, which are part of Quebec, cannot get services in
French. Why not? Because the services are offered by the Moncton
area control centre, which is officially bilingual, but cannot offer
services in French.
When an Air Alliance pilot is ready to take off at the end of the
Magdalen Islands airstrip and asks for services in French, he gets
this answer: ``Please wait, we will give you the services as soon as
possible''. In the meantime, his engines are running and fuel is
burned.
(1110)
The Air Alliance supervisor wants his pilot to think of cost
effectiveness. The pilots of Air Alliance and Inter-Canadien,
Quebec's regional carriers, as well as Air Satellite and others are
conscientious and want their company to succeed. But when they
are being asked to wait 5, 7 or 9 minutes and their engines are
running, they know they are wasting fuel and adding to costs. I
would like to know if, with this bill, we will be able to get services
in French in the whole territory of Quebec, like the government
promised.
Mr. Speaker, you are signalling me that my time has expired. I
could also have mentioned that no one will represent the
Association québécoise des transporteurs aériens on Nav Canada's
board, but some of my colleagues will do so. Our colleague, the
member for Lac-Saint-Jean, was trained as a pilot. He is not only
young, he is a pilot, so he knows what he is talking about. I could
have spoken about it, but unfortunately my time has expired.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Mr. Speaker, I begin my remarks by
congratulating the hon. member for
Beauport-Montmorency-Orléans. He has been a hard working
member of the Standing Committee on Transport which I had the
privilege to chair for the last two and half years. The member has
moved on to another area and his energy and effervescence is
certainly missed at the committee.
The hon. member addressed three points on which I would like
to touch. The first is safety. Safety has always been priority one for
Transport Canada. It must be clear to members of the Bloc that Bill
C-20 clearly establishes the supremacy of the Aeronautics Act and
sets up appropriate linkages to that act.
The Aeronautics Act, which looks after all the safety concerns of
anything in that flies in this country, has demonstrated that it has
been able to ensure the safe passage of men, women and children
on aircraft.
I do not think the hon. member can stand here and say that
Canada has a disastrous policy on aeronautics which is resulting in
crashes of aircraft. He must admit that the Aeronautics Act has
done the job well for our country and for the air carriers.
The member says that when Nav Canada takes over that
Canada's air navigation system the role the government plays will
somehow be unplugged from the process. Nothing could be farther
from the truth, particularly when it comes to the safety of the
system. The government has a number of other roles to play on an
ongoing basis.
The Minister of Transport is likely to be involved in the approval
of charges during the first two years when NavCan introduces its
full complement of user charges.
The minister has the final say when there are disagreements
among users, that is, provincial or territorial governments.
Specifically, when it comes to safety, the economy and
accountability, the government took great care to establish a
framework with Nav Canada upfront. With Bill C-20 the
contractual agreements that have been entered into with Nav
Canada are there, transparent, open to the public through its bylaws
and letters patent.
3395
(1115)
If I had a question for the hon. member opposite after that
comment it would be to ask him what specific measure would the
Bloc suggest that would, if not already incorporated in the
Aeronautics Act, be better or more clear than the Aeronautics Act
itself which protects and ensures the safe passage of men, women
and children in aircraft in this country?
[Translation]
Mr. Guimond: Mr. Speaker, I thank the former chairman of the
transport committee for his kind words. He asked what specific
measures the Bloc would like to see included in the bill to
guarantee the safety aspect. I repeat that if he reads motion number
one carefully, he will notice that its sole purpose is to mention in
the preamble that the safety of passengers, air carrier personnel and
the public has priority over all other considerations in the decisions
made by NAV CANADA.
I will simply say to the parliamentary secretary that since he
states that he and the government are devoted to safety, he should
admit it is not superfluous to have legislative clauses that give
supplementary guarantees in terms of air safety. If he considers that
that aspect is covered by the Aeronautics Act, I do not see why the
government opposes so categorically the fact that we want to
reinforce safety and introduce a statement to that effect in the
preamble of the bill. That does not represent a threat at all.
Everybody here is in favour of the safety of passengers and
personnel. Just include it in the preamble of the bill and there will
be no problem.
I wonder why the hon. members opposite are so afraid of us.
There is no threat. Our motion would only confirm the safety
considerations in the preamble of the bill.
Mr. Stéphan Tremblay (Lac-Saint-Jean): Mr. Speaker, I would
like to put a question to my colleague, the member for
Beauport-Montmorency-Orléans, regarding his very eloquent
remarks.
Furthermore, I am 100 per cent in agreement with his thoughts
on defence. Why should small carriers, who are struggling, have to
foot the bill, when the Armed Forces, with their huge budgets, their
hours of F-18 training sometimes estimated as costing $20,000 an
hour, and I am not exaggerating, would not even be asked to pay for
the air navigation services they use.
I think my colleague raised a very good point here. Before
asking my question, I would like to go back briefly over the earlier
debate regarding ATAC. Earlier, we heard that small carriers were
going to be very well represented on Nav Canada's board, because
of the fact that ATAC represented Air Canada as well as the small
carrier in my riding.
The unfortunate fact of the matter is that we know that what
drives the world nowadays is money. I would point out that ATAC,
the Air Transport Association of Canada, gets approximately 80
per cent of its funding from large carriers. So if you think that the
small carrier in my riding, when he wants to have his say, will ask
the president of ATAC if he would mind lowering user charges, or
keeping the DME or VOR service in his sector, or whatever, I am
sceptical. The president of ATAC will wonder what his contribution
to funding is. He will not say it out loud, of course, but he will think
it. There is every reason to be worried.
The other point that was also mentioned earlier was ATAC's
interest in preserving the use of French. I could tell you that when
people spoke to us about ATAC's use of French, all that was
bilingual was the letterhead. That was all. Apart from that, all its
articles of incorporation were in English.
(1120)
So I think we have good reason to have certain doubts about the
quality of French or about bilingualism in this area.
I would like to put a question to my colleague, with whom I was
discussing this issue a few moments ago, about his concerns
regarding French in aviation.
I have over 1,000 hours flown as a professional pilot. When we
talk about navigation assistance services, assistance is really the
key word. When it is nice and sunny on a Sunday afternoon, it is
not so bad because there is no problem. But when the ceiling gets
low and weather conditions become difficult, when you start to
worry and find yourself in trouble, that is when you really need
navigation assistance. I can tell you that it is serious. That is where
this issue becomes relevant. When you start to get nervous in the
cockpit and you have to speak English on top of that, it becomes
dangerous.
I would like my colleague to talk about his concerns regarding
the use of French in aviation in Quebec and in the Ottawa area.
Mr. Guimond: Mr. Speaker, before responding specifically to
the question, I would like to simply reinforce what my colleague
from Lac-Saint-Jean has said concerning National Defence.
Often, the past is an indication of what the future holds.
Reference is made to concerns about military spending. As you
know, there was publicity over the case, a month and a half or two
months ago, of an F-18 pilot based at Cold Lake using his aircraft
at the taxpayers' expense to go see his fiancee in Phoenix, Arizona.
Imagine, National Defence refuses to even pay for the air traffic
control system, yet its pilots can fly around as they please. This one
can go say hello to his fiancee at taxpayers' expense. What sheer
nonsense.
Mr. Rocheleau: She must be good looking!
Mr. Guimond: Yes she may be pretty, I have no idea.
Mrs. Debien: Love is blind.
3396
Mr. Guimond: Love is certainly blind.
Mrs. Debien: So is the government.
Mr. Guimond: Yes, so is the government, as my colleague says.
Mr. Rocheleau: Love knows no borders.
Mr. Guimond: Second, as for small carriers, I have an example
in mind. In Lac-Saint-Jean riding, there is a small but dynamic
airline called Air Alma. It has a counter at Dorval and is capable of
holding its own against any major charter carrier. And why is it
able to be competitive? Because it is a flexible operation, one
whose employees like the company, like their jobs, and are capable
of giving something back in return.
Yet, if they are deprived of revenue, it is like depriving them of
oxygen. How then can small carriers like Air Alma survive in the
marketplace?
The Deputy Speaker: I am sorry, but the hon. member's time is
up.
Is there unanimous consent to extend the hon. member's time?
[English]
Is there unanimous consent to give the member more time to
give his answer?
An hon. member: Agreed.
[Translation]
The Deputy Speaker: The hon. member has one more minute to
speak, two minutes at the most.
Mr. Guimond: Mr. Speaker, I thank the parliamentary secretary.
I might also have talked about the RAM radar tracking system.
Will it be very effective when it is given over to Nav Canada? The
RAM system was not effective, and I have an example for you.
Twice last year, they lost the government's air ambulance, which
was on a mercy flight in the North. They lost it on the radar screen.
I could also give the example of the Bernières radar system in
suburban Quebec City, which was tracking a plane. At one point,
the screen indicated that the plane had made a sharp 180 degree
turn. What happened? The RAM system had stopped following the
plane it was tracking and had picked up a flock of geese flying
10,000 feet below and in the opposite direction.
Imagine how safe it is in tracking a plane.
In closing, I have one final point to make about French in the air.
I am very concerned that, as a cost cutting measure, they will say
all pilots are bilingual and able to provide service in English, to the
detriment of French.
(1125)
Mrs. Maud Debien (Laval East, BQ): Mr. Speaker, the
question the parliamentary secretary asked my colleague for
Beauport-Montmorency-Orléans earlier could not have come at
a better time. He asked him what steps the Bloc Québécois would
suggest today for improving the Aeronautics Act in order to
improve air safety. My speech also could not come at a better time
because I am going to address air safety.
Bill C-20, which we are debating today at third reading, provides
for the creation of a business corporation called Nav Canada. This
bill deals first and foremost with the commercialization of civil air
navigation services.
In other words, the government has decided to sell to Nav
Canada the air navigation system and to entrust it with its
management. As we repeatedly pointed out during this debate, the
official opposition is not against selling the air navigation system
to Nav Canada for an estimated $1.5 billion, apparently. This
government decision, whose merits we recognize, is based on
objectives of efficiency, cost effectiveness and less costly
operations.
However, we are dismayed by the fact that none of the
amendments proposed by the opposition parties have been
retained. Worse, an important amendment regarding the Privacy
Act passed by the transport committee-where, as we know, the
Liberals have a majority-has been eliminated from Bill C-20 by
the same Liberal government. In other words, never mind the
committees.
As my colleague for Kamouraska-Rivière-du-Loup, critic for
transports, put it so well, we swung like a pendulum, from one
extreme to the other, not stopping in the middle. Yet, the
government could have struck the appropriate balance, despite
what the Parliamentary Secretary to the Minister of Transport
might think, by conducting an objective review of the proposals
and amendments presented by the members of his own party.
Citizens who are interested in the privatization of navigation
services will not be surprised to hear today the Bloc Quebecois
remind the government of a basic aspect of this bill that,
unfortunately, it neglected. Through the amendment of my
colleague for Kamouraska-Rivière-du-Loup, the Bloc Quebecois
would like the government to acknowledge the fact that security of
passengers, personnel and the general public must take precedence
at Nav Canada.
We must not forget that, at the very beginning, the official
opposition tried to have the government and Nav Canada recognize
that public safety and interest take precedence over Nav Canada's
financial interests.
Several amendments of the Bloc were debated in committee and
in this House at the report stage to have this principle recognized.
Each time, we came up against the Liberal majority.
3397
Yet, in matters of air transport, security is certainly a number one
consideration. The parliamentary secretary bluntly admitted, on
May 29, that the sale of the air navigation system would be, and I
quote, ``a $1.5 billion contribution to reducing the federal deficit''.
Would this claim be sufficient to justify speedy passage of Bill
C-20? The parliamentary secretary tried to reassure us by once
again avoiding the safety issue. ``Safety will continue to have the
highest priority for Transport Canada''. He repeated that earlier
today.
Safety regulations will be in place before ANS is transferred. Transport
Canada will monitor and enforce compliance with these regulations as it does
now in the case of airlines. The Aeronautics Act which sets out the regulatory
framework to maintain the safety and integrity of the aviation industry will
prevail. I point out to members of the Bloc that it will prevail over the ANS Act.
(1130)
I listened with great interest to these words of the parliamentary
secretary. I understand that Transport Canada established some
safety rules and standards that will apply to the new corporation
and that operations will be controlled so that these rules and
standards are properly observed. The government statements might
seem reassuring. But, in spite of the rhetoric and the good
intentions of the parliamentary secretary, as far as I know, safety
standards are not mentioned in the bill.
The Bloc Quebecois considers that, given all the commercial
decisions being made by Nav Canada, the only way to ensure safety
would be to state, in the bill, that safety will remain priority
number one. That is the principle we want to assert when we say
that the public's safety comes before a private corporation's profits.
Unfortunately, it seems the government has already decided
what priority will be given to safety in air transport. Furthermore, I
feel that it is just stone deaf to what we are saying. The only thing it
hears is the ring of the deficit cash register. All we can hope is that
it will not be awakened by some unfortunate event caused by its
lack of responsibility.
In conclusion, I would like to point out another aspect of the bill
I find unfair. As my young colleague spoke about it at some length,
I will be very brief. I believe that the new corporation, Nav Canada,
must make sure that those who are poorly or not represented on the
board, such as small carriers and the aviation sector as a whole, are
not discriminated against.
The newest children must not be put at a disadvantage.
NAVCAN did not respect the wish of small carriers, and only major
carriers have a representative on the board. For example, nobody
will represent the Association québécoise des transporteurs
aériens, as my new colleague from Lac-Saint-Jean so wisely
pointed out. This is another sad reality endorsed by a government
in a hurry to get rid of the Canadian air navigation system.
The Bloc Quebecois will not support this bill as it stands because
of its many significant flaws including-as I stressed at some
length-the one regarding safety. For these reasons, I will support
the amendment moved by my colleague from
Kamouraska-Rivière-du-Loup.
Mr. Paul Mercier (Blainville-Deux-Montagnes, BQ): Mr.
Speaker, my colleague from Laval East has emphasized, quite
rightly so, the issue of safety in air transportation. I would like to
come back to the issue that has just been dealt with two or three
times in a row relating to the preamble we would have liked to see
in the bill and which some say is unnecessary since there is the
Aeronautics Act, on the one hand, and on the other, the government
controls safety issues.
In fact, would it not have been logical to express the very spirit
of the legislation in its preamble? This is a private company that
has to provide a public service, just like ADM. I find the
explanations given by my colleague from Argenteuil-Papineau
totally justified, because of this comparison.
(1135)
It is quite justified to express right at the very start the spirit of
this legislation, the spirit in which it must be interpreted later on, in
order to stress the public service role of this private company and
the primacy of public services over mercantile interests. We do not
see why the government refused to express this very legitimate
concern in the preamble.
Mrs. Debien: Mr. Speaker, I am sorry, but I was busy giving a
document to someone. I would like to know whether my colleague
from Blainville-Deux-Montagnes asked a question or only made
a comment.
The Deputy Speaker: It is not for me to answer. If the member
for Blainville-Deux-Montagnes would like to repeat his question?
Mrs. Debien: The hon. member tells me it was a comment.
[English]
Mr. Ian McClelland (Edmonton Southwest, Ref.): Mr.
Speaker, I have been following this debate to some degree this
morning.
I am a licensed private pilot. I recall very clearly the debate that
raged around the use of French in air traffic navigation in Quebec
which took place some years ago. Looking at it from an apolitical
perspective it seemed to me it would made sense for persons in
recreational flying in some aspects to be able to use unilingual
French.
However when we talk about safety in the sky, the international
language of communication in the air is English. We should not
lose sight of the fact that in all parts of the world the international
language of communication in the air is English. While it makes
sense for persons who are unilingual French speaking, unilingual
Russian speaking or unilingual whatever language, Swahili or
Chinese, to speak in their language, the international language of
aviation for safety purposes is English. It has nothing to with
whether English is a better language or any other reason. It just got
3398
started that way. There needs to be one common language in the air
and it is English.
We have these natural tensions within our country and many
people have sympathy for the fact that people working and living in
French in Quebec who are unilingual have the right to live and
work unilingually in Quebec. However, there are some
circumstances in life which require preconditions. If one wants to
be a brain surgeon one has to understand and learn brain surgery. If
one is going to be a pilot one has to be able to operate on an
international basis in English because that is the language. It has
nothing to do with superiority or inferiority of any particular
language or group.
[Translation]
Mrs. Debien: Mr. Speaker, of course, I totally disagree with the
member of the Reform Party.
First of all, I would like to point out to him that, when passengers
fly to India, the language of the country, Hindi, is spoken on the
plane, and English is also spoken. I do not see where English has
primacy. When you go to Spain, both Spanish and English are
spoken on the plane.
Wherever you go in the world and you take a national air carrier,
it is always the national language that is used and English.
I do not see why and how English would suddenly become the
international language, when in practice, this is totally false in the
case of most major countries in the world. It should be the same
here in Canada.
(1140)
Mr. Stéphan Tremblay (Lac-Saint-Jean, BQ): Mr. Speaker, I
would point out to my Reform colleague that although we
sometimes talk about Reform measures, I have a feeling that we are
dealing with Conservative measures from 20 years ago, when we
discuss language in air navigation services. Moreover, my
colleague is a private pilot and I find it fascinating to hear him say
such things.
I think that French has been used as a language in Quebec
airspace since 1977 or 1980-I am too young to remember-and it
has been demonstrated that safety is not threatened. It was proven a
long time ago that, for example, if a pilot landing a 747 in Montreal
exchanges traffic or flight information with the air traffic controller
in Dorval or Mirabel in French, safety is not compromised. This
was the subject of a debate several years ago. Some members of
Parliament even said: ``If bilingualism ever comes into effect in
Quebec, I will no longer want to fly in that province's airspace''.
Come on. That is just another case of scaremongering. This is
incredible. All this to tell him that I am a little disappointed to see
us get into this debate, which, in fact, is beside the point.
I would like to put a question to my colleague, whose speech was
full of praise. As a pilot, I, of course, see this whole matter from a
certain angle while she, as a passenger, sees the potential
commercial effect on safety. I would like to know how, as a
passenger and user of air transportation services, my colleague
feels about this bill, which might threaten the safety of airline
passengers.
Mrs. Debien: Mr. Speaker, I would like to thank my colleague
from Lac-Saint-Jean for his question. Of course, whenever I board
a plane as a passenger-and I think the same goes for most of us-I
always feel a kind of natural fear. At least I do. I have not yet fully
overcome my fear of flying, so this is a concern.
Since the hon. member for Lac-Saint-Jean asked me personally
to answer this question, I must say that I might be even more
fearful knowing that the priority that should be given to safety is
not clearly indicated in the bill, as the Bloc Quebecois had
proposed to do by inserting a preamble. That is the answer I would
like to give my colleague.
In response to the parliamentary secretary, I think we are not
asking the impossible. We asked him to write a few lines in a
preamble showing how important it is for the government to make
people like myself-I think I am not the only one-feel safer about
the priority given to safety by a commercial company providing a
public service.
Mr. Gilles Duceppe (Laurier-Sainte-Marie, BQ): Mr.
Speaker, we are debating this bill in a somewhat special context,
spanning a number of years, because the federal government has
taken initiatives affecting the whole aviation industry. It all started
in the 1960s. I am referring for instance to the development of the
Mirabel airport, denounced from the start by local residents, who
were strongly opposed to this project. Agricultural land was taken
away from them. No compensation measures are planned either
concerning any decision ADM could make today.
This bill is being discussed in a context of deregulation, because
Canada is involved of course in the economic globalization
process. All air transportation corporations are also affected.
(1145)
But Canada's approach is more akin to the approach taken by the
United States and Japan, the only two exceptions. I will come back
to this later.
Moreover, in a context that I would describe as totally off the
cuff and very short-sighted, most countries favour having only one
3399
national carrier, while here, we now have Canadian Airlines,
through generous outlays. We are competing among ourselves,
with the result that we know: Canadian is practically owned by
American interests and, at this rate, Air Canada will not be able to
withstand Canadian's competition and will also be taken over by
American interests, leaving Canada without a national carrier.
In this whole context of deregulation and privatization, the Bloc
Quebecois has nothing against privatization, as we feel that the
state is not necessarily the best able to handle certain things, which
the private sector is much better equipped to handle. It is not the
case in every area, but in this particular area and most trade areas,
the private sector is in a better position to act than the state.
In the past, we have taken a stand in favour of privatizing Air
Canada, the same way we took a stand in favour of establishing
regional organizations to control airports. I am thinking about
ADM among other organizations, although in this particular case,
we could have a debate about the mechanisms that should be
imposed on these organizations to ensure that there is more
transparency and public debate around the decisions being made. In
a word, we have no problem with privatization.
We do not have any problems either with the regions being able
to make their own decisions and to administer their facilities in
areas like air transportation. We do not object either to the fact that
they will be non profit organizations, or that an organization could
oversee all regional interventions following certain standards. At
the beginning, it was thought that some standards applied as well to
all regional airports and major airports.
Obviously, it will not be so with this project, because the rules
are not clear, especially where safety is concerned. When this
whole deregulation phenomenon first came up, simultaneously
with Open Skies, we agreed that air transport had to be within more
people's reach and more competitive, so that customers would
eventually benefit, but not at the expense of safety. We have seen
what happened recently in the Everglades, in the United States,
where deregulation and privatization are the watchword. The
company, whose name I cannot recall, had already been the subject
of seven or eight complaints. It never acted on them, and the
tragedy happened.
Deregulation must be done in a certain way. In this case, it is
obvious to me that nothing is being done to ensure safety. We will
tackle the problem of safety by evaluating investments which could
be made in various regions, which means that the overseeing
organization will determine the investments to be avoided in a
particular region, or decide that, because of the market, the local
organization cannot afford the best equipment. But, if an
organization cannot afford the best equipment or has a difficult
financial situation, it does not mean that the life of those who
would use the equipment in regions or even in major airports is
worth less than it would be if the organization could afford such an
investment.
I was about to say that the costs are the same for everybody, but
it is far from being the case, because, where deregulation is
concerned, there are such aberrations where the only factor
considered is the number of clients. One often realizes that it is less
expensive to fly Montreal-Paris than Montreal-Chicoutimi.
This has a little impact on the economic development of these
regions. It is a complete aberration. I remember once, at the
Quebec City Airport, Air Atlantic, Air Alliance and Inter-Canadian
all had flights at the same time, but I was the only passenger
boarding the Air Alliance plane. I was given a private course on
safety measures.
(1150)
This made no sense; it was improvised. We cannot play with
people's safety. This is unacceptable. I find it hard to understand
why the government would introduce a bill that leaves aside the
issue of safety, on the ground that those in charge will make good
decisions because they are responsible people.
I am not saying those who will be appointed and who will
manage the agency will be irresponsible. I am simply saying that it
is the state's responsibility to provide safety measures, just like it
does in the case of land and marine transportation. We had a debate
on Coast Guard services. How can we not intervene in a fair and
responsible manner when air safety is concerned?
The language issue is the other reason why we oppose the bill.
Again, the bill does not provide anything to ensure the use of both
official languages. As I said earlier, this is reminiscent of a battle
dating back to the sixties, a battle that resulted in a victory, around
1976, for the Association des Gens de l'Air du Québec.
The association argued that it was no more dangerous to fly an
aircraft and to have an air traffic controller speak
French-particularly when French is the controller and the pilot's
mother tongue-than to have them communicate in English. It
seems to me that, in tense situations, one can better communicate
in his or her mother tongue than in a foreign language. Of course,
this implies that everyone can speak English, the universal
language in the aviation sector. But this should not prevent the use
of French. I suppose that in Mexico they speak Spanish, in Portugal
they speak Portuguese, and in Italy they speak Italian. Just try to
convince Italians that it is dangerous to communicate in Italian in
their country.
The battle fought in the sixties and seventies is not over, as
evidenced by the fact that the Magdalen Islands are still served by
Moncton, where communications are in English. The islands are
not served by Montreal. To this day, the situation remains
unsettled. We are told that no efforts will be made to settle it and, in
addition to this, there is no guarantee in the bill. We can only rely
on the good faith and the good will of those who will manage the
agency.
3400
We have had to rely on good faith for years and we now
question the value of this approach. We no longer believe in it.
We would rather have firm guarantees. It is clearly unacceptable
that this bill contains no provision concerning the French
language, yet the Prime Minister keeps talking about the rights
of francophones and of minorities, and often uses them like pawns
in his political games.
How can they justify reverting to the situation we had in the
past? How can they forget about that victory our air controllers won
in 1975-76, and not include in the mandate of the agency that will
control all air traffic in Canada an indication that francophones
should be able to use their language in air transportation, just like
all peoples in the world can use their own. This is a step backward.
But maybe they are suggesting that using French is not dangerous
in France, but would be in Quebec. This is the height of absurdity.
I would now like to turn to the capacity of small airports. Is there
any guarantee that, at these two levels, small airports will have
access to services in French and will also abide by the usual
security standards in order to meet the needs of the public and
avoid the disasters experienced in countries which have undergone
indiscriminate deregulation?
The fact that small air carriers did not have a say in this bill
means that de facto if not de jure the control over this agency will
be completely in the hands of those who use it, who are financially
stronger and have more influence. In other words, those in control
will be the two big companies which are now experiencing
difficulty because of deregulation, Canadian and Air Canada. We
should not forget that American Airlines is the real owner of
Canadian, and that Air Canada could very well meet with the same
fate.
(1155)
This means the whole spirit of indiscriminate deregulation we
saw in the United States might be imported here at our expense,
through an agency set up by the government, without warning,
even though we are warning the government there is danger at both
levels.
For small carriers too, regions will be in a position of
dependence. Of course, we cannot expect the same air traffic at
Chicoutimi as at Dorval, nor at Kapuskasing-if there is an airport
there, but I guess there is one-as at Pearson. There are surely
fewer scandals at Kapuskasing than at Pearson, so we will not have
to debate over three years the issue of who benefited or not from
the manoeuvring that went on about Pearson.
Leaving things to unthinking market forces is not what the spirit
of deregulation is all about. Government has to withdraw from
certain areas, we agree, but government must not disappear;
government has a regulatory role to play to see that things proceed
in a civilized way and that people's needs are taken into account.
People living in remote regions should not have to pay more to
travel than people living in large urban areas do. Some adjustments
are to be expected, but surely they should not have to pay a higher
cost to go from Montreal to Chicoutimi than to go from Montreal to
Paris. That does not make any sense.
It must be said also that the safety of passengers has as much
value in the Magdalen Islands as at Pearson, and that francophones
have as much rights as anglophones, otherwise we are only talking
nonsense. We will hear fine speeches about national unity, about
modernizing government, but the bottom line is that we will go
back to where we were when government was not sufficiently
involved. There is too much government interference now, but the
solution does not lie in having the pendulum swing from one
extreme to the other.
In this case, the pendulum just swung back to the other extreme
where we trust the market and people's good faith implicitly and
where we do not have any standards, particularly in the areas of
safety and language.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Mr. Speaker, I have two points I wish to put to
the hon. member opposite.
He says there are no protections for the French language, as
others in the Bloc have said. He ignores the fact that article 20 of
the Nav Canada bylaws requires the corporation to comply with the
Department of Transport practices and procedures with respect to
bilingualism with regard to the Canadian air navigation service in
effect as of the date of incorporation, a year ago last month, and to
comply with any provision of the Official Languages Act. There
are respect and protections for the French language in Bill C-20. I
assure the member of that.
On a more important note, again the Bloc brings into question
this issue of the Aéroport de Montréal and its role as the local
authority, charged with the responsibility of operating the airports
at Dorval and Mirabel.
It is passing strange the raison d'être of Bloc Quebecois is to
relegate to provincial authority as much control from the federal
institution on matters of social and economic policy. When the
federal authority transfers responsibility like the operation and
management of the airports to local authorities, the ADM, the Bloc
says ``no thank you, the local authority does not have the
competence to handle the issue on these two airports and the
federal government should step into this issue''.
Which way does the Bloc want it? It cannot have it both ways.
[Translation]
Mr. Duceppe: Mr. Speaker, we want something concrete,
besides the application of the Official Languages Act. In fact, we
could go on at length about the application of the Official
Languages Act. Yes, we do have an act, but do French speaking
3401
Canadians outside Quebec control their schools? Do they have
control over their schools? Do they have a budget?
Some of the prairie provinces even received money from the
federal government, pursuant to the Official Languages Act-
Some hon. members: Oh, oh.
Mr. Duceppe: The members opposite could have the courtesy to
listen to me, Mr. Speaker, since I listened to them.
(1200)
Pursuant to the Official Languages Act, the federal government
gave money to some of the prairie provinces, which used it for
other purposes. Their French speaking residents are not getting any
services. Where the Official Languages Act is concerned, if we do
not provide for any concrete measure, we will end up with a
situation like the one in Kingston, where the residents fought for
three years to get a washroom installed in a high school.
If the Official Languages Act is not respected in the education
field, can you imagine what will happen when we go up in the air.
We need more concrete measures.
Mr. Keyes: You are avoiding the ADM question.
Mr. Duceppe: Now, about ADM. We never questioned ADM's
right to make a decision. Never. That is not what we said. The
member should listen when we talk, but he never does, he is too
busy talking at the same time as we are. If he were to listen, he
would realize that the lease between ADM and the federal
government specifies the decisions that can and should be made by
organizations such as ADM, although for that to happen we need
some kind of process for the information and the analyses to be
released and a forum to discuss these issues.
As for the role of government, first, the government should
withdraw from the areas that do not concern it, but, second, it
should not drop everything and then try to hide behind market
forces. The government has to set a number of rules.
Of course, as my hon. colleague said, we are asking the federal
government to withdraw from a number of areas and we do not
deny that. In a sovereign Quebec, I, for one, would not want the
state to interfere and try to replace the private sector, but some
rules have to be set and as long as we remain part of Canada, unless
we are told that we no longer belong-in which case things could
be settled pretty fast-we think that an issue as important as air
safety, even among two sovereign countries, should be included in
agreements signed by more than one country, because, as you well
know, borders do not stop planes.
The Prime Minister of Canada was the only one who had a
problem with the high speed train. He said that the train would
have to stop at the border. I do not know if the Prime Minister has
to stop at the borders when he travels by plane, but if he does travel
a little bit, he must know that borders and customs issues are settled
either on departure or on arrival, but not in the air or in the middle
of the tracks.
[English]
Mr. John Williams (St. Albert, Ref.): Madam Speaker, I note
that the member was quite concerned about maintaining air traffic
safety in this country. I am glad to hear that because I hope we all
are.
My colleague from Edmonton Southwest meant that English is
the language of aviation for safety purposes, not that English wants
to dominate, but English was the language that was chosen. If we
are going to allow any language such as French, Spanish, Italian,
Greek, Russian, Chinese, Vietnamese, or whatever, how are we
going to be able to communicate with each other and ensure safety
which the member said he was concerned about?
Has the member thought about that, or is he just trying to
promote his line of thinking, which is that French has to be up there
with English in every situation around the world? Has he thought
about that or is he just trying to make some noise to get his point
across?
[Translation]
Mr. Duceppe: Madam Speaker, my colleague is only late by
some 30 years. We discussed it here and we passed the Official
Languages Act. I would like him to go to Italy and explain to
Italians that it is dangerous to speak Italian in Italy. Let him try that
with the Russians. You know, languages other than English are
spoken in these countries, not better nor worse, only different.
There are countries where English is not spoken and aircraft still
fly there. However, ICAO decided on a common language. When
pilots who do not speak Italian arrive in Italy, they do not get a
crash course in Italian while waiting to land. They use English as
well as the Italian controller. This is part of the operating standards.
(1205)
Of course, we agree that English may serve as the common
language in air transportation when the pilot does not speak the
language of the country. But of course, it is another when pilot and
controller both speak the same language. This is the norm in all
countries except in the land of the Reform Party.
Mr. Stéphan Tremblay (Lac-Saint-Jean): Madam Speaker, we
are hearing absolutely incredible things in the House today. We are
getting back at the linguistic debate. We wanted to talk about the
issue of security, and we have taken for granted that French had its
place in the air in Quebec, but our colleagues beside us want to
3402
debate the linguistic question again and are saying that French
should be eliminated. I will not get into that debate because it is
obsolete.
I would prefer to point out the intervention of my colleague for
Laurier-Sainte-Marie, who was quite eloquent. He said
something that I found interesting and really true. He said that, at
some point in time, he was the only passenger aboard an Air
Alliance plane, probably a DH-8 that can seat approximately 30
people. That illustrates very clearly the problems of small carriers.
You see, a big carrier servicing the Vancouver-Montréal line has no
problem because its planes are 80 per cent full most of the time.
They have big planes that cost a lot of money, but there are a lot of
passengers. So, they are profitable.
But, in regions, the reality is much different. The planes take off
even if there are only one or fifteen passengers aboard. It does not
mean that that sole passenger is not important. That passenger must
be flown to Montreal. There is an air service between Montreal
and, for example, Alma, which is also in my riding. This service is
very important and very costly, in terms of privatization, because
small carriers have very high costs even if they have only a few
passengers. That explains the price of plane tickets. And this is my
concern because small carriers are finding it hard to survive, due to
the situation mentioned by my colleague and that small carriers
experience every day. We will have to think seriously about it.
Therefore, the question I put to my colleague concerns the fact
that Nav Canada will not be accountable to the government, just
like ADM is not. A board is set up and the government says that if a
bad decision is made, it is not its problem because it was taken by
the Nav Canada board. I would like our colleague to talk a little
about the problems that that may cause, since he knows better than
me ADM's situation.
Mr. Duceppe: Madam Speaker, there are two aspects that must
be given special consideration when commercializing government
services. First, the bureaucracy that characterizes so often the
public sector must be eliminated. So, I do not think that there will
be endless consultations. To avoid that, there needs to be a series of
standards and the area, jurisdiction or issue that is transferred under
private sector control must be regulated.
There must be standards against which the decisions can be
evaluated. There must also be a complaint or consultation
mechanism to determine if those standards are adhered to. That is
what I think is missing in the bill. There are no specific standards
concerning the use of French and even less concerning air safety.
(1210)
Mrs. Suzanne Tremblay (Rimouski-Témiscouata, BQ):
Madam Speaker, I have accepted to take part in the third reading
debate of Bill C-20 because it is a bill that I am most interested in.
One of the reasons is that it creates Nav Canada, a non-profit
corporation, which will allow the government to apply $1,5 billion
to deficit reduction. It is also because the Bloc Quebecois thinks it
is a good idea to privatize air navigation and to have competent
people to provide these services.
However, we have some concerns about this bill. The most
important one, I think, is the fact that we do not see in this bill a
clear political will to give priority to passenger and crew member
safety as well as to the safe transportation of goods. In my opinion,
this is a rather important issue. Personally, even though I travel
almost every weekend from Ottawa to my riding and back in small
aircrafts, I have not yet gotten over my fear. So when I see that the
government is creating such an organization without including
explicitly in its mandate the requirement to ensure passenger
safety, there is cause for concern. One of the things we can expect
from a society is to protect the people.
The official opposition also has a problem with the appointment
of the 15 members of the board of directors. My colleague from
Lac-Saint-Jean, with his experience, has underlined in his speech
the importance of small air carriers and of the Association
québécoise des transporteurs aériens, whose interests will not
necessarily be taken into account by this board of directors.
It is hard to think that the 15 members of this board, the majority
of which will represent large carriers, will really care about small
carriers. In establishing rates, who will they be thinking about?
Normally, they will make decisions that are to their advantage and
nobody will be there to defend the interests of small carriers.
For instance, if the small carriers had been given equal footing, it
would have been possible for the Association québécoise de
transport aérien to be represented, so that the 15 people would have
included someone with the mandate to see that the French language
was well represented on the board and properly defended across
Canada.
The French language received a great deal of attention earlier.
Several of my colleagues mentioned it in their speeches, and some
of our colleagues across the way or beside us are surprised that we
are raising the issue. Of course, the bill states clearly that Nav
Canada will be subject to the Official Languages Act. But, Madam
Speaker, you yourself are in a good position to know, coming from
an officially bilingual province, that we do not always take the
trouble, on a daily basis, to defend our rights and see that they are
respected. There is a tendency, with the French language being the
minority language in every group, to forget that French even exists
and to begin speaking English and conducting all our affairs in
English.
3403
(1215)
It is not because Nav Canada releases all its proceedings, reports
and press releases in both languages that it is a truly bilingual
organization that really cares about respecting the language of the
minority. In the current context-and since the past has a tendency
to repeat itself-it seems pretty hard to believe that the French
language is very safe with Nav Canada.
Every year since that law came into effect 25 years ago, the
Commissioner of Official Languages, who is always biased in
favour of the English language, still manages to write several pages
or paragraphs of his reports on the flaws in the implementation of
that law with respect to French. He has done so every year for 25
years.
Since there is no guarantee in that regard, you can understand
why, although we in the Bloc Quebecois basically agree with the
creation of Nav Canada, we are opposed to this bill, which does not
give us all the guarantees in that regard.
We could go on discussing this problem for a very long time, but
if we listen to some of the members in this House-for example, I
read again with interest the comments made by the parliamentary
secretary-I understand that Transport Canada will remain
responsible for setting the safety regulations and standards
applying to this new corporation and for monitoring operations to
ensure compliance.
The Bloc Quebecois wanted this bill to specify that safety had
priority over all commercial decisions made by Nav Canada, but all
the amendments proposed by the Bloc were rejected. One of our
amendments had been accepted by the committee, but it
disappeared as if by magic when we got to the vote at the
committee report stage.
Speaking of committee work, one may wonder why the House
bothered to create these committees. Perhaps to give the illusion
that this is a democracy. These committees can ask people to
testify, hear witnesses and travel across the country. These
committees can travel and meet people across the country or they
can get people to testify at a hearing here in Ottawa, but when the
government makes a decision, no one can change its mind because,
with its large majority, all it has to do is vote against all the
amendments proposed by the opposition, even if many of them
were designed to improve the situation. They were not designed to
undermine the bill. On the contrary, we wanted to make sure
certain important elements would be included in the bill, but they
were not.
Once again, the government is turning a deaf ear to everything
we propose. It seems important also to look at another bad habit
this government has. It will become obvious with another bill
coming up for debate in this House, but let me just say that the
government has this funny little way, every time it brings in a bill,
of providing for exemptions in the legislation. This time, National
Defence is exempted from the charges.
(1220)
Given the number of DND aircraft that will fly in Canadian
airspace and use our airports and the air navigation services they
provide, by deciding to exempt the Department of National
Defence from the application of this bill, the government itself is
depriving Nav Canada of an important source of revenue. At the
same time, the government is asking Nav Canada, this not for profit
corporation, to balance its budget, while depriving it from the start
of an important source of revenue. I wonder why the government is
doing this.
Required to act, it does away with a function by transferring it to
a private sector corporation and tells this corporation it shall be a
not for profit corporation, which in itself is excellent. For once, the
government is not privatizing for the benefit of some friends of the
government, but rather putting local stakeholders in charge of
operating the air navigation system, which is already giving it half
a chance of succeeding.
However, the government is telling the new corporation it has to
cough up $1.5 billion to start up. While the government may offer
interesting terms and conditions, as a client, it will be exempt. The
Canadian government's reasoning is really hard to follow, because
one has to wonder how it will manage to make up for these massive
revenues it will be forfeiting.
In a different but related vein, the Bloc Quebecois suggested
many amendments to the government right from the start. We
requested changes regarding the corporation's board of directors.
We asked that efforts be made to ensure safety and security. But
each and every time, the government denied our requests. The
result is that problems will surface for small carriers in the various
regions of the country, including companies that fly tourists. These
small carriers will find themselves in difficult situations.
We seem to be the only ones interested in carrying on the debate
but, believe me, we are not trying to kill time. We know we have a
very important agenda involving other issues. However, we are
using the few minutes at our disposal to tell the public, and to
convince our fellow members, that the bill presents a danger, since
it is not specified in Nav Can's mandate-the agency that will
manage air navigation services in Canada-that the safety of
passengers, airline personnel and the public must have priority.
Be that as it may, I want to point out one aspect of the bill which
may be somewhat unfair. New companies or newcomers relying on
Nav Canada must not be adversely affected. Priority must also be
given to regional development. I am thinking of a region like mine.
3404
The airport is currently managed by the federal government, but it
will be transferred to the private sector.
(1225)
Negotiations are ongoing which should help resolve this issue in
the near future. However, since Nav Canada will be responsible for
the control tower and another private corporation will be
responsible for managing the Mont-Joli airport, if, for example, the
board of directors of that corporation decides that it needs new
equipment in the control tower to promote airport expansion and
regional development, that decision will have to be approved by
Nav Canada.
Since Nav Canada's first concern will be to balance its budget, it
is likely that both corporations will have conflicting objectives.
Therefore, Nav Canada could say, for example, that unfortunately
it cannot approve the acquisition of such equipment because the
volume is not sufficient. That would have a direct negative impact
on the development of our region.
We will find ourselves in situations like that, where it will be
difficult to make a decision because we will likely have a problem
with regard to the number of passengers.
My colleague who spoke before me mentioned that it happened
to him to be the only passenger on a plane. Unfortunately, we know
that, in the regions, Canadian carriers compete in a rather stupid
way. For example, instead of having two flights in the morning at
different times, they have two flights that leave within five minutes
of each other just to try to compete. Very often, one of these flights
leaves with very few passengers on board. I have travelled very
often between Ottawa and Rimouski on flights that were half-full
or half-empty, whichever you prefer.
When the situation gets this bad, it means that things have to
change if we want to have air transport in the regions once again.
We need it but we have lost it, mainly because of the fares we have
to pay to support trans-Atlantic flights. Studies have shown that,
unfortunately, regional fares are very high to compensate for lower
fares on trans-Atlantic flights.
It is also known that all flights departing from or arriving in
Ottawa are more expensive than others since the main purchaser of
plane tickets is the Canadian government. Even when all carriers
lower their fares, they make sure that these reductions do not apply
to flights between Ottawa and the regions so that they can make as
much money as they can.
We will find ourselves in a somewhat difficult situation in terms
of development. Unfortunately, we will have to see this new
corporation in action but, as you already know, we will not support
this bill.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Madam Speaker, I want to quickly address a
couple of concerns brought forward by the hon. member.
The Bloc worries that a facility at a smaller airport could be
closed down because it is not profitable. This concern is probably
based on a fundamental misunderstanding of the nature of Nav
Canada.
Nav Canada is a not for profit entity. Its focus will be on whether
particular services are necessary for safety and wanted by the users,
not on the profitability of such services. Financial consideration
become relevant only in so far as the needs of the users are affected
and their willingness to pay for these services.
However, if a particular service is required in the interests of
safety, and I heard the hon. member address this point too, it will be
provided. It will be required regardless of the financial
considerations.
(1230)
What about air navigation services at local airports? There are a
number of air navigation services at existing airports that are not
required under the criteria laid out by Transport Canada. It is
reasonable to assume Nav Canada would try to rationalize some of
those services, although it does not mean safety or even levels of
service will suffer.
With constantly improving technology it is possible to provide
the same or even better levels of service from centralized facilities.
In all such cases the corporation will be required to consult widely
before acting. It has to provide due notice and it has to establish
with Transport Canada regulators that the proposed change in
service does not affect safety. These are all the provisions built into
Bill C-20.
Unfortunately I did not see the hon. member at committee. I
understand we cannot attend all committees but we do have our
concerns.
Nav Canada is a not for profit corporation, not a company going
out to take over the air navigation services from the government
trying to make big money. That is not the object of Nav Canada. I
hope with these assurances the hon. member will see fit to support
the bill.
[Translation]
Mrs. Tremblay (Rimouski-Témiscouata): Mr. Speaker, I am
very pleased to hear my hon. colleague continue to repeat, since
this is not the first time that he says so in the House, that Nav
Canada will have safety as its priority. It is clear to us. We said we
approved the idea of creating a non profit agency. There was never
any doubt about that. We think it an excellent idea.
3405
When people came before the committee to explain the bill in
more detail, we asked them whether Nav Canada's mandate
provided a guarantee or a clause giving safety priority over a
balanced budget. The answer given in committee was the budget
had to be balanced.
According to the information I have obtained, Nav Canada's
mandate gives priority to passenger, personnel and cargo safety.
This fact was never mentioned in committee. If in fact it does, I
wonder where it is set out, because we did not see it in the bill, and
there was no mention in committee.
Now, with regard to our concern that Nav Canada will hinder the
development of certain regions, I have only to look at what is
happening in my own riding. Air transport has dropped, and prices
have risen. In order to spend a weekend in my riding, I have to pay
twice the cost of a trip between Montreal and Paris. There are
extras and conditions that block the development of an airport like
that of Rimouski.
On top of that there is the non profit organization that, in order to
balance its budget, may forego buying certain equipment.
Everything develops quickly. Today's high tech will perhaps give
us the means to manage our control towers much more effectively
than we do at the moment. As we know, however, the price of such
things keeps going up. So perhaps Nav Canada will hinder the
development of a region like mine-not only my region, but a lot
of similar regions-where there are low traffic airports. Nav
Canada is an operation whose prime concern may not necessarily
be safety, and this is one of our basic concerns.
(1235)
Mr. Paul Mercier (Blainville-Deux-Montagnes, BQ):
Madam Speaker, my colleague from Rimouski-Témiscouata has
rightfully pointed out the impact of language on safety. Before her,
my parliamentary leader mentioned the airspace over Magdalen
Islands, where pilots cannot receive services in French because
these islands are served by a base in Moncton.
I think my parliamentary leader does not have to go as far as the
Magdalen Islands to find a case in which the Official Languages
Act is not being complied with. All he has to do is stay here on
Parliament Hill where, a few days ago, I received from the office of
the clerk of the transport committee an eight-line text with five
errors in French.
How can we believe that French is respected in this country after
receiving such texts?
Mrs. Tremblay: Madam Speaker, there is no doubt that we may
seem a tad touchy on the linguistic issue. There is no denying it can
always be argued that there is the Official Languages Act. But as I
and many of my hon. colleagues have said, and will keep repeating
for as long as we are in this place, the French language is in peril in
Canada.
Commendable efforts are made by everyone involved in
transcribing speeches and committee proceedings, but still, all too
often and in the case of some offices more than others, clearly a
closer attention ought to be paid to language quality.
As for the use of the French language in the air transportation
industry, it can be a major problem. For instance, there are times
when on a flight from Ottawa to Toronto, not a soul on the plane
speaks French, including the captain, who may not even understand
French. An absolutely brilliant solution was found. At the touch of
a button-we can now have a perfectly bilingual person filling the
job-a pre-recorded message is played in English or, at the touch of
a button, a voice explains in good French how to fasten our seat
belts, what the safety rules are, and so on. Pre-recorded messages
are used onboard many planes now. The trouble is that, if
something unforeseen happens, we cannot just push a button and
hear: ``Take off has been aborted; we are going back to the airport.''
These explanations would then have to be given in English.
Already, we notice in the transportation industry, and at Air
Canada in particular, that since being privatized, the company has
considerably lowered its standards regarding the use of the French
language. There are now captains who speak English only. They
would be in big trouble if they were flying an international flight
and had to land in Paris for example.
Mrs. Monique Guay (Laurentides, BQ): Madam Speaker, I am
pleased to take part in the debate at third reading on Bill C-20, an
Act respecting the commercialization of civil air navigation
services.
Let me first say a word about my personnel flying experience. I
am not very brave when it comes to flying. I only do so out of
obligation, not pleasure. If, in addition to my natural fear, I feel my
personal safety is at risk when I board an aircraft, I might think
twice before flying again.
Nav Canada was just recently established. Incidentally, we have
nothing against this non-profit corporation, which will manage
services that are of public interest. It reminds me of a very similar
corporation which I will tell you about, because it concerns people
in my region.
Not too long ago, a similar non-profit corporation was
established to manage services that are of public interest. I am
referring to ADM. ADM is the corporation managing the Montreal
and Mirabel airports.
(1240)
Lately, it made a decision which, personally as member for
Laurentides, I find totally unacceptable. This corporation, which is
made up of business persons, is not accountable to the public. Its
3406
members made a decision; they decided to transfer flights to
Dorval; they decided to invest millions of dollars to develop Dorval
airport without any public consultation.
ADM's decision to transfer flights was arrived at without public
involvement. Social, economic and environmental impacts were
not explained to decision makers as a whole, other stakeholders and
people living in and around the areas concerned. This is funny,
because this government is telling us about the fine well articulated
pieces of legislation we have in this great country to ensure its
prosperity, but it does not abide by them.
Not very long ago, the environment minister tabled an
environmental bill we just could not support. We voted against it,
but it was passed anyway by the government and is now in force. It
concerns environmental assessments and overlaps our own
legislation, the BAPE. In Quebec, we already had something which
worked very well, but the federal government insisted on passing a
bill on environmental assessments. This is fine and dandy.
And now, with ADM, our hands are tied. ADM goes ahead with
its decision. We cannot demand that it shows us its assessments.
We are not asking for new ones, it tells us it has already conducted
assessments. All we want is to see the results, we want the process
to be open. Same thing with the economic impact, and the social
impact as well. What will happen in a region such as mine, the
Laurentides region, and in the regions of Argenteuil-Papineau
and Blainville-Deux-Montagnes, represented by two of my
colleagues? What kind of impact will this have not only socially,
on the community, but also on employment?
Especially when we are told that, within 15 years, operations
will have to move back to Mirabel. As far as I am concerned, this is
a decision that does not make any sense. We want facts. Prove to us
that this is indeed the right decision. Produce the documents we
have requested, put them on the table so that we can take a good
look at them, then maybe, we will be in a position to discuss. For
the time being, there is nothing definite. There is nothing on the
table and we cannot get our hands on any facts. ADM is seven
individuals who have made a certain decision.
I am not saying that a corporation like ADM or Nav Canada
cannot make decisions, but I do think that, before creating a
corporation like Nav Canada, which is already in existence, and
passing this kind of legislation, in light of what ADM had done, we
must make sure not to repeat our mistakes the second time around
with this other not-for-profit corporation.
We should take some of the mistakes made par ADM and use
them as examples to ensure that the same mistakes are not made
again with another not-for-profit corporation. In privatizing
services and transferring them to corporations along with the
decision-making authority, we always run the risk of having
decisions made behind closed doors, decisions that I personally
find undemocratic, as I said earlier.
Bill C-20 just created yet another not for profit management
corporation, which could at any time make the same kind of
decisions that ADM made, decisions that may not be desirable
because of the waves they are bound to make and the controversy
they will cause in the public. I wonder why the government is not
consulting the public before, instead of having to mend the fences
after.
Here is one of many articles I have gathered on the subject. Let
us say that, since ADM decided to sue, a flock of people have been
writing on the subject. This paper on Mirabel reads as follows:
``The future of Mirabel is closely connected to the future of the
greater Montreal area, which will not do without its international
airport''. That was written by Jean Cournoyer.
(1245)
Mirabel is not bankrupt, on the contrary. Mirabel is profitable
but remains incomplete because, while the work was under way,
the conductor did not agree with the concert master on the piece to
be played. It is still a bold enterprise which, for reasons that do not
come under its responsibility, ran out of breath before getting to the
finish line.
In 1993, ADM, having done its homework, announced that the
best solution to the problem of the two airports was to maintain the
status quo. In 1993, it was the status quo. Three years later in 1996,
ADM, after redoing its homework, announces that two airports are
an impediment to traffic growth and proposes to allow regular
international flights to land in Dorval.
As a staunch defender of freedom, I really believe that the main
concern of an airport is to meet the needs of its clients. But let us
consider the price we will have to pay to meet the needs of a
hypothetical clientele: $36.4 million to build a temporary
international jetty and renovate the international arrival lounge,
plus $185 million to build a permanent international jetty and
expand the multi-level parking garage, for a total of $221 million,
except for the cost of an underground terminal for regular trains
from Ottawa and Montreal. When I see that this money is to be
invested over a 15-year period only, I do not understand the
decision that was made. The people in my region are very
disappointed in ADM's approach.
I now get back to Nav Canada, a non-profit organization. I
sincerely believe that, in a case like this one-and, again,
non-profit organizations are an excellent thing, but we must use
both bad and good examples. Certainly, good things were achieved,
but mistakes were also made by corporations like ADM. Before
drafting a bill, we should at least ensure that public safety is
mentioned in the preamble. That is a priority. Plane crashes are
often fatal. I think the first thing we must do is to reassure the
3407
people who fly-and who pay good money to do so-that their
lives are not in danger.
Mr. Paul Mercier (Blainville-Deux-Montagnes, BQ):
Madam Speaker, I listened with interest to the comments of the
hon. member for Laurentides regarding Mirabel airport and ADM.
She was right on track, because there is an obvious similarity
between ADM and Nav Canada, as we have been pointing out since
this morning, and also in recent days. Both are private corporations
with a mandate to provide services to the public. However,
privatization has resulted in reduced services to the public. For
example, ADM is not concerned by the Access to Information Act,
while Nav Canada is not subject to the provisions of the Privacy
Act.
I want to ask the hon. member if this is how she sees things, and
if she feels ADM's decision should be postponed, considering that
it is not accountable to anyone, regardless of the statement to the
effect that ADM is free to make its own decisions and is
accountable to no one in that regard.
(1250)
So, my question is: Does the hon. member feel this measure
should be postponed? Dorval was supposed to close five years after
Mirabel opened. It did not happen because of a lack of political
courage, with the result that we now find ourselves in this
extremely complicated situation.
Does the hon. member feel, as I do, that this decision should be
postponed?
Mrs. Guay: Madam Speaker, I want to thank the hon. member
for Blainville-Deux Montagnes. It goes without saying that this
decision will have to be reviewed.
It is totally unacceptable that only seven people make decisions.
These people were probably influenced by air carriers. Air Canada
played a role. Pressures were made. Why? Because the process was
a secret one. Why do we not have the documents and why can we
not take a clear look at the situation?
Something incredible happened. We-the hon. members for
Blainville-Deux Montagnes, Argenteuil-Papineau and
myself-brought petitions signed by some 40,000 or 50,000 people
to the transport minister, who was very nice to us, only to tell us the
next day that Mirabel was being closed because of the separatists.
This is some answer. It is very logical and articulate.
It goes without saying that we must have access to all these
documents to review them and to make sure ADM did indeed make
the right decision. How did it reach its decision? We want to take a
look at the whole process. Personally, I think Mirabel is the airport
that should stay open. Sure, Mirabel is in my region, but it has all
the necessary structures to expand and meet the future needs of
Montreal and the surrounding regions. A brand new airport in full
expansion will be closed to transfer flights to Dorval.
I would really like to know how ADM came to this decision. I
would like to see all the documents and environmental studies.
Environmental groups in the Dorval region are opposed to an
increase in the number of flights to Dorval. ADM cannot even
guarantee-as its spokesperson, Mr. Auger, said in an
interview-that the number of flights to Dorval will increase.
``There are X number of flights right now; as for later, time will
tell''.
This situation is very worrisome for people living around Dorval
airport. Dorval cannot be further developed: it has reached its
maximum capacity. What will happen? We definitely have to
postpone, review, examine and analyze the decision to make sure it
is the appropriate one.
Mr. Mercier: Madam Speaker, since I have the opportunity, I
would like to take it to point out to my hon. colleague, the
parliamentary secretary, that this parallel between ADM and Nav
Canada really is part of the debate, the similarity is so striking.
The advantage we have is that, since ADM has been around for
four years, we can see in advance what will happen with Nav
Canada by looking at what is happening with ADM. What is
happening with ADM is that a decision has been taken that is not in
the public interest and we cannot even get any explanations.
Do you know what will happen with Nav Canada? A few years
down the road, you will see it take a decision dictated by financial
interests, contrary to the public interest. Nav Canada will give the
minimum notice required under law, since our amendments calling
for more specific notice were rejected, and will take its decisions,
without providing any explanations. And we will not have a leg to
stand on, and, on that note, I will take my seat.
Mrs. Guay: Madam Speaker, I would just like to conclude by
saying that the comment made by my hon. colleague's is perfectly
sound. That is what I was saying earlier: this should be used as an
example for future reference, including as regards Nav Canada. We
must therefore be able to examine what the same kind of not for
profit corporations have done right and where they have gone
wrong.
(1255)
We must also be sure that the individuals who sit on those boards
are honest. We must ensure a good representation of all
stakeholders in all regions. And when a decision is made that is
inconsistent with the public interest, we must be able to turn things
around, by reversing this decision or improving on it, something
we cannot do at present. Nothing of the sort is provided for
regarding ADM. There are obviously connections to be made
between the two.
3408
I hope that public safety will take precedence so that everyone
can take the plane safely and without fear. I often travel by plane
and I am very worried. I hope that the government will support
our amendment so that this aspect is covered.
Mr. Jean-Paul Marchand (Québec-Est, BQ): Madam Speaker,
I will go on in the same vein as my colleague from
Blainville-Deux-Montagnes. ADM's decision to transfer flights
from Mirabel to Dorval raises not only the issue of increasing
pollution and air traffic but also that of public interest. The problem
with Mirabel is that ADM decided it was worthwhile to invest
hundreds of millions of dollars in order to improve Dorval,
forgetting that Mirabel is still there, that a lot of money has been
invested in that airport.
As you know, it was the Liberal Party, under Mr. Trudeau's
leadership, that saw to it that Mirabel got built. In transferring all
flights to Dorval, ADM is forgetting that Mirabel is still a problem
as that airport should also be developed. Negotiations about
Mirabel must resume within eight to ten years. More money will
have to be invested.
The decision to transfer flights from Mirabel to Dorval is a bad
decision that does not take into account the interests of the public
and of the people of Montreal. In the very short term, it is simply a
stopgap solution. The obvious solution would be to build a
suspended high-speed train that can cover the distance between
Mirabel and Dorval in 10 minutes. The technology already exists in
Quebec, and it would be an obvious solution as it would allow us
not only to link Mirabel and Dorval-
The Acting Speaker (Mrs. Ringuette-Maltais): Order, please.
The hon. parliamentary secretary on a point of order.
[English]
Mr. Keyes: Madam Speaker, I rise on a point of order. We are
trying to debate the movement of the air navigation system in
Canada over to Nav Canada. The hon. member's question is
completely off topic and way out of line.
The Acting Speaker (Mrs. Ringuette-Maltais): That is not a
point of order. The hon. member has exactly 30 seconds left in the
time to make questions or comments and then we are resuming
debate.
[Translation]
Mr. Marchand: Madam Speaker, I would reply to the hon.
member that my comment is related to the issue under
consideration because ADM is a very good example of
mismanagement following the decision to put airport management
and control back in the hands of private enterprise. ADM has no
respect for Quebec's long term interests.
Mr. Roger Pomerleau (Anjou-Rivière-des-Prairies, BQ):
Madam Speaker, I am pleased to speak today to this bill at the third
reading stage. I have already had an opportunity to speak to it at the
report state and I must state, regretfully, that there has not been
much change in what I have to say, because most of the
amendments proposed by the Bloc have been rejected. What I have
to say has not, therefore, changed a great deal, nor has what I
already said had very much influence on the debate. When in a
minority position in a democratic system, we do what the others
tell us to do, when they feel like it, when it suits them.
(1300)
That is the democratic principle for minorities, and a minority is
what we are in this House. Now, where are we, exactly, with this
bill? I want to give a quick overview of the key points. I will start
by pointing out before I go any further that something is happening
in Canada at this time which merits our attention. Canada is selling
its ports, its airports, its bridges, its rail lines, its rail cars, its
navigation systems. A close look indicates that we are perhaps in
the process of holding a huge clearance sale.
This legislation provides the legal framework for turning
Transport Canada's navigation system over to Nav Canada, a not
for profit corporation, as it has just been described, created under
part II of the Canada Corporations Act. It is a follow up to the
December 8, 1995 agreement in principle between Transports
Canada and Nav Canada, selling the system for $1.5 billion.
The key principles of Nav Canada-four points set out in the
Act-are that it is to be operated as a legally constituted,
self-regulated entity operating on a cost-recovery basis. The air
transportation tax levied on passengers when they purchase tickets
from or to a destination in Canada will be eliminated in two years.
During that time, the federal government will make transitional
payments to Nav Canada based on anticipated ATT revenues. Nav
Canada will have a commercial mandate to run and manage its
operations according to recognized commercial practices. Nav
Canada will set the charges for its services so as to recover all its
costs from users.
My colleague from Rimouski-Témiscouata pointed out that
military flights would not have to pay these charges and that Nav
Canada would offer employees transferred from the public service
the continuation of current collective agreements and the granting
of successor rights to bargaining agents, as well as equivalent
working conditions and benefits.
The purpose of this bill is to privatize and commercialize air
services in Canada by incorporating Nav Canada. Creating this
organization is, of course, part of Transport Canada's overall
strategy to modernize transport services in this country. The federal
government tells us we must support the principles of greater
effectiveness and lower prices.
3409
But it is easy to detect the real reason why the federal
government wants to create Nav Canada. Its main concern is really
to make air services profitable at the expense of safety and
regional development. We emphasized this in our speeches
throughout consideration of this bill.
The previous Minister of Transport himself stated that the
government could no longer afford to pay for adequate air services.
We therefore wonder, because it has not been proven yet, if the new
corporation will be able to do better. For the moment, they are busy
selling off and privatizing, although they have no idea where this
will take us at the end of the day.
The government therefore must create an organization that will
have on its board of directors representatives of all major airlines in
Canada at the expense of small regional carriers, as my colleague
from Lac-Saint-Jean pointed out a while ago, when he talked about
the impact privatization will have on Air Alma, for example. We
had hoped that this negative aspect of the bill would be reviewed
and corrected along the way.
(1305)
Unfortunately, it was not, in spite of the many representations
made by small carriers. It is clear that only major carriers like
Canadian and Air Canada will have a representative with any
decision power of Nav Canada's board of directors, and this of
course because our major carriers are in the majority. As my
colleague, the hon. member for Rimouski-Témiscouata
explained, they will probably make decisions based on their own
interests and needs, at the expense of small carriers.
But, as we know, the needs of major carriers are often quite
different from those of smaller ones. For example, major carriers
would like fly over fees to be lower than landing fees, while small
carriers are calling for just the opposite. This tends to suggest that
decisions on certain matters will require debate on conflicting
interests on a board where small carriers will always be the
minority.
I am therefore concerned about the impact this will have on the
economy, tourism and regional development, since small carriers
operate mostly and for the most part at the regional level. As you
know, the regions are mainly served by small regional carriers and
the fact that these small carriers will not be represented adequately
and that their voice will not be heard when decisions are made can
only impede long term regional development.
Nav Canada will have a monopoly on air navigation services. It
will slap users with fees and have total control over the fee
structure. How can we not predict or expect the financial interests
of major carriers to take precedence over everything else in the
long run, including public interest and safety? But the need remains
to ensure that someone is still accountable for safety standards,
which must be the top priority at all times.
I cannot see how the government could oppose this motion
tabled just recently, when the sponsor of the bill himself, a
minister, stated in a speech that Transport Canada's top priority
was to maintain and, whenever possible, to improve the safety and
security of Canadians. Yet, there is not much said about safety in
this bill. I do hope government members will stand by the
statements made by one of their ministers, even though what we
saw and heard in recent weeks about this bill might lead us to think
otherwise.
It must be understood that Nav Can's board of directors will be
made up of people from the private sector. These people are, of
course, interested in having a profitable venture, in making profits.
When they sit on the board, their primary concern is the impact of
the decisions on their own companies. This is only normal.
It is obvious that this bill is primarily about financial
considerations. This is why the Bloc Quebecois withholds its
support for Bill C-20 until a reference is included about safety. This
legislation favours financial security, instead of the safety of airline
personnel, passengers and the general public.
The air navigation sector does not allow for any mistake,
because mistakes cost lives. This is an area regarding which the
federal government can never elude its responsibilities. The
government has an obligation to give priority to safety. Yet, there is
no reference in this bill to such an obligation or to any commitment
to this effect. This is why the hon. member for
Kamouraska-Rivière-du-Loup, seconded by the hon. member for
Blainville-Deux-Montagnes, proposed an amendment, which I
will read because it accurately reflects the Bloc's position: ``That
this House declines to give third reading to Bill C-20, An Act
respecting the commercialization of civil air navigation services,
because the Bill does not give the safety of passengers, airline
personnel and the public priority over all other considerations in
business decisions made by Nav Canada''. Yet, we are at third
reading stage now.
(1310)
For some months now, we have been seeing an increasing
tendency to give overriding priority to financial considerations in
all decisions, whether governmental or quasi-governmental. We
see it in discussions about human rights violations in certain
countries, when ministers and even our own Prime Minister
regularly rise in their place to say that, in the final analysis, what
matters is business law, and other interests will have to take a back
seat.
This makes us think that, in the bill before us, safety issues are of
secondary importance. That is why we have a lot of trouble
swallowing it.
I would like to mention that we are in agreement with the actual
principle of privatizing air navigation services, but that we will still
3410
vote against this bill, because it does not take into account the
safety principles that must override all else.
We proposed amendments along these lines, amendments that
we considered important and on which there was unanimous
agreement, in principle at least, but which were nonetheless
rejected. All we are asking is that these principles be clearly set out
in the bill, that they be part of the preamble, and that they serve as
guidelines for the operation of Nav Canada. Apparently we are not
going to get this, and we will be voting against the bill.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Madam Speaker, it really troubles me that for
nothing more than political partisan principles, this hon. member
would come to the conclusion that the reasons why he cannot
support the bill, and obviously the chief reason why he cannot
support this bill, is because he feels that the transfer of the air
navigation system to NavCan would be ``to the detriment of
safety,'' or ``there is not much talk of safety in this bill,'' or ``the
principles of safety have not been kept in mind''.
Remarks like that from the hon. member opposite are totally
irresponsible and bordering on fear mongering. I want to explain to
the hon. member again why safety is a priority of the government
and why safety regulations have been built into this bill to ensure
that safety is the number one priority of the government and of
NavCan, the not for profit agency that will take over air navigation
services in this country.
The supremacy of safety comes through references to the
Aeronautics Act and regulations made pursuant to that act. I am not
sure if the hon. member even knows what the Aeronautics Act is. If
he did he would understand that the supremacy of the Aeronautics
Act in this bill assures safety. Clause 5 of the bill states that
``nothing in this act affects the application of the Aeronautics Act''.
Again, it is a demonstration that safety is the number one concern
of NavCan and the government when it struck the bill.
Clause 14 states that any changes in services or facilities that
Nav Canada wants to make must be subject to the Aeronautics Act
and any regulations made under that act that relate to aviation
safety or safety of the public are again subject to the Aeronautics
Act, an act that has served this country well, an act that ensures
safety for the travelling public in this country.
Where it was determined that the Aeronautics Act could be
strengthened, Bill C-20 provides for consequential amendments to
the Aeronautics Act. Clause 101 of Bill C-20 provides for an
amendment to the Aeronautics Act to give the minister authority to
make orders directing ANS Corporation to maintain or increase the
level of civil air navigation services it provides in accordance with
such terms and conditions as may be specified in the orders. Clause
103 provides for a significant maximum daily fine for conviction
arising from a failure to implement a safety order.
(1315)
While Transport Canada was both the operator and the regulator
of the air navigation system, safety of the system was largely
governed by internal departmental standards, practices and
procedures. These internal safety procedures, policies and practices
are now being given legal effect through part eight of the Canadian
aviation regulations. These regulations will be in effect prior to the
transfer of ANS to Nav Canada.
If the member wants more, the regulations will also require Nav
Canada to establish a safety management program that provides for
an internal system of oversight to ensure the safety provision of
civil air navigation services.
On top of all these safeguards, if that was not enough for the hon.
member to stop this-I will not go on.
ANS will remain subject to independent scrutiny by the
Canadian Transportation Safety Board, the CTSB. The separation
of operational responsibility and regulatory responsibility has the
advantage of offering an arm's length relationship between the
regulator and the regulated. This arrangement has served the public
interest well in the case of the regulation of air carriers, aviation
personnel, aircraft manufacturers and other commercial aviation.
Part eight of the Canadian aviation regulations also give the
minister the right to request the provider of civil air navigation
services to conduct an aeronautical study when proposing to reduce
a service. An aeronautical study is intended to demonstrate how
aviation safety will be addressed. If the minister is not satisfied
with the results of the study, the service provider can be directed to
maintain the service.
I am not sure if the hon. member opposite was aware of all these
particulars in Bill C-20. I am sure that if he were, he would not get
up and start talking about how the bill is to the detriment of safety
or that there is not much talk of safety in the bill or that the
principles of safety have not been kept in mind. I assure the hon.
member opposite they have been.
[Translation]
Mr. Pomerleau: Madam Speaker, the comment was a very good
one. I am sure that Canada has legislation applicable to air
navigation.
What we would have liked to have seen done was for there to be
included in the preamble to the bill a condition making safety a
priority, so that Nav Canada's board of directors would never lose
sight of it. This was not done.
Earlier in the House we heard about a very specific case of what
can happen with a private corporation looking after the public
interest, the example being ADM, which is a body very similar to
the one being considered. It is a not for profit, private corporation
3411
that will, in fact, look after the public interest. We saw that ADM is
the solution to a number of problems for the government. There is
no access to information with ADM, while there would have been
with the government.
We can see, then, that the transfer to private corporations of
responsibilities that, until now, belonged to the government places
limits on a number of things. We would have liked to see the
preamble to this bill include a statement, once and for all, to the
effect that when Nav Canada's board of directors meets, priority
will be given to safety of operation.
[English]
Mr. Ian McClelland (Edmonton Southwest, Ref.): Madam
Speaker, this is more by way of an observation. If the member
wishes to comment, I would welcome it.
During his dissertation and that of most of the Bloc members
preceding him, the word privatization was used over and over
again. Also the government used the word privatization in
connection with the commercialization of air traffic control. There
is a very real difference between privatization and
commercialization.
(1320 )
This is commercialization which is putting the air navigation on
a self-sustaining, commercial basis. It is not being privatized. The
essence of privatization is the ability to fail. The air navigation
system in Canada will not be put into a position where it may fail or
go bankrupt. It will face no competition. It is being
commercialized. The net result is the cost to Canadians will not
necessarily be diminished. It will be taken off the government
books and run as a private not for profit organization.
It will not be allowed to fail. It will have the ability to raise
prices to ensure it maintains its service, just as the post office has
done.
We need to make a clear distinction over the course of the next
few years between privatization, which is devolving from the
government to a private agency which can fail, which has the
ability to fail, and commercialization, which is taking it off the
government books and making it self-sustaining.
[Translation]
Mr. Pomerleau: Madam Speaker, I would like to thank my
colleague for presenting this analysis. It seems to me that
throughout the debate we may have been over-using the term
``privatization'' and there is an essential difference between
``privatization'' and ``commercialization''. We ought to have used
``commercialization'', because that is what is involved here, and I
thank my colleague for making this clarification.
Mr. Bernard Deshaies (Abitibi, BQ): Madam Speaker, I am
pleased to speak for a second time on Bill C-20 respecting the
commercialization of civil air navigation services. First of all, a
number of Bloc Quebecois members have confirmed that the Bloc
is not opposed to the principle of creating a quasi-governmental
body to control air navigation.
We cannot, however, merely be yes men and say that yes, the
principle is a good one, we have no hesitation about it, it is a noble
principle to ensure quality air service to all Canadians. It is, in my
opinion, the role of the official opposition to ask questions. Mine
are specifically related to the needs of the regions.
One may wonder why the federal government is getting rid of its
responsibilities for air navigation. One might conclude perhaps that
the federal government is not doing a good job. I think there would
be few members across the way who would dare to say that the
federal government was not doing a good job. On the contrary, I
believe that Canada had a very good reputation in connection with
air control. There have not been large numbers of fatalities that can
be blamed on negligence.
If the government has been doing a good job, why then does it no
longer want that job? Essentially, people will admit that, for about
the last decade, the government's policy has been aimed at
sloughing off its responsibilities toward Canadians onto the users.
This is why the Bloc Quebecois has debated longer than the
government would like, it having thought the bill would be adopted
promptly. There is one simple reason for this bill, the simple desire
to transfer to a quasi-private body the responsibility for controlling
this industry and ensuring Canadian safety.
The regions are afraid of those changes. Are they afraid of
technology or of changes? The regions are not afraid to move
forward. What they are afraid of is that every time there is a
change, it results in a reduction of services for them. In Val-d'Or,
there is a regional airport with certain services, slowly we have lost
our air traffic controllers. They are no longer needed. Traffic can be
controlled from Toronto, Montreal or maybe New York or
Vancouver. It does not matter, everything is possible.
We know that technology is far more advanced now than in the
past, but human errors and instrument errors can still happen
resulting in safety being of a lesser quality in the regions than in
Toronto, Montreal, Vancouver or any major airport with services
and modern and high performance instruments, but where men and
women look after their quality .
(1325)
In the regions, we are losing out on quality. We have also lost
airport fire services. Airport firemen are supposedly not that
3412
important since municipal firemen can do the job in case of an
accident. But, as you know, in small municipalities, firemen are
not always on duty and by the time they are called, passengers
might perish in the flames. To maintain the presence of firemen at
the airport, as before, could have improved safety.
Moreover, with all the changes, the regions lost their weather
services. Technology might make it possible to call a 1-800 number
in Montreal, Quebec City, or anywhere in the world to get a local
weather report. Maybe it can be done in theory, but in practice, the
weather can change within 15, 20 or 30 minutes and such changes
can have a great impact on the security of airplane pilots and
passengers. Therefore, in the regions, changes are frightening
because they always mean reduced services.
Changes also bring an increase in costs for the regions. They say
we will have the same services, the same quality, but that is rarely
the case and furthermore, they do not say if there will be an
additional cost. For example, if pilots want a weather report, they
have to dial a 1-800 number; we should say a 1-800-$$$ number,
because it can cost from $4 to $8 to obtain information before
making a flight plan.
Is it logical to have a definition of the user pay principle?
Nobody can be against that. Those who receive the services will
have to pay. It was true also when they modified the CN services in
the regions. The CN was privatized. There were changes and
services were reduced and now some parts of it will even be closed.
So any talk about change causes fear in the regions.
The Canada Post Corporation is another example of
privatization. A general outcry slowly rose under the Tories and it
is still going on under the Liberals. They do not close local post
offices any more; they wait for the postmaster to retire and they
simply do not fill the vacancy. This is just like those green boxes
they installed, saying that they were still providing the services.
Therefore, in the regions, when they speak about change, we
always dread some reduction in services.
The federal government wants to shun its responsibilities and get
rid of air traffic control services in order not to have to pay
anymore. But will Nav Canada replace the government adequately?
We are asking ourselves some questions. That is why members of
the Bloc Quebecois are making many speeches on the subject. We
do not believe the safety of Toronto, Montreal or other major
airports will be reduced, because it is the role of Nav Canada to
ensure this safety, but we are concerned that, in the regions, for
instance, this safety may be overlooked.
It is true that, theoretically, regional airports like the one in
Val-d'Or have satellite or radar air control equipment that is as
sophisticated as those in Montreal. But, in practice, if we consider
that the services of firefighters, air control, radio and weather
systems have been reduced, thus increasing the risk of accidents, it
is likely the regions' safety will be decreased. It is mathematical.
Moreover, regions are concerned about the way the bill will be
passed on to them. Just consider what happened in the past. There
was always a bill, although not necessarily in the first or second
year. But with limited revenues in the regions, there are not many
flights. It is not like Mirabel or Dorval, where there are four, five or
eight flights a day. With these revenues, few airports will afford
new technologies and, consequently, better safety in the future.
(1330)
As I was saying, with a preamble stating that safety would have
primacy over economy, we would have had a tool forcing Nav
Canada to provide not necessarily high quality and costly tools
such as those needed by airports like Montreal and Mirabel, but
tools that are useful and necessary to ensure safety in the regions.
I think the regions are able, because of the balance created by the
fact that everyone pays taxes, to receive a fair minimum service.
This is not written in the bill. We would have been in favour of the
bill if we had been told this primacy would exist.
Nav Canada will not endanger the safety of Montreal, Toronto or
Vancouver airport. After losing the federally managed regional
services acquired over the years, we now wonder if these services
will ever come back; the chances are pretty slim.
Will we lose the minimal snow removal services? There are
many questions we could ask. Will our safety depend on the level
of revenue? If the federal government wants to transfer ownership
of airports throughout Quebec to the municipalities, will these
municipalities, because of the costs, be able to assure us that
runways will be cleared properly? Probably, but the level of service
will be a little lower than at major airports.
To the user pay policy I could oppose a true principle. If the
regions could receive part of the taxes collected on the price of
plane tickets, they could perhaps afford to pay for Nav Canada's
future services. We could then talk about the user pay principle, but
we would also collect some of the revenue. If the federal
government can collect the tax revenue, I do not see why the
regions could not collect part of it to look after their own airports.
The regions feel shunted aside by Bill C-20; they feel the
government is telling them: ``If you do not take control of your
airports, we will close them''. And it closes them in two ways. The
municipalities fear that, in the next two to three years, they will be
forced to take over the regional airports to prevent the federal
government from closing them.
3413
Should they succeed in taking them over, they will have to pay
the exorbitant maintenance bills that Nav Canada or another
government organization will present them with. This would force
them to close the airports. If, however, we specified in a preamble
to the bill that safety is paramount, we could help regional airports
to carry out safe operations. The regions-including my region
of Abitibi, the North Shore, the Gaspé region, and all the northern
regions in Ontario and Manitoba-would not have to pay higher
bills because of the costs of providing services for relatively few
people.
The government was doing a good job in the regions 10 years
ago, but things have been going downhill. There is a question mark.
Will Nav Canada take over? We have our doubts. That is why we
are asking questions and presenting arguments, and why some
members are talking about regional problems. We talked about
ADM, which is concerned not directly but indirectly, as it is true
that there are similarities between Nav Canada and ADM. I think
that some members are seizing the opportunity to address this
issue.
For the regions, the theory is there. History has a tendency to
repeat itself. If Nav Canada is not based on the premise that safety
if paramount, we feel that, sooner or later, our regions will lose
their airports.
[English]
Mr. Stan Keyes (Parliamentary Secretary to Minister of
Transport, Lib.): Madam Speaker, I want to address one more
time the issue of safety, particularly the preamble the hon. member
has been alluding to along with his colleagues in the Bloc.
I will not go through it again. I stood after the last speaker and
explained how safety is our first priority. It is in the bill. Clause 5
clearly establishes the supremacy of the Aeronautics Act. Clause
14 provides another example where it requires changes in services
to be consistent with the Aeronautics Act and regulations made
pursuant to that act.
(1335 )
Let us talk for just one moment on the preamble, like the one
proposed by the Bloc Quebecois in Motion No. 1. Let us first look
at what that preamble states: ``Whereas the safety of passengers,
personnel, air carriers and the public has priority over all other
considerations in business decisions taken by Nav Canada''. That
sounds pretty good. Why would we not have a motion like that off
the top of a bill that talks about passengers, personnel, air carriers
and the public having priority over all other considerations in
business decisions?
There is a reason and it is why the government had to vote down
Motion No. 1 put forward by the Bloc. The one proposed here is
silent. For example it does not say a word about the respect of
safety of private and recreational aviation. It does state air carriers.
By air carriers we mean Air Canada, Canadian, the big guys, but it
is silent on private and recreational aviation.
How can anyone ask the government to put in a preamble to a
bill when it is void of something as critical as private and
recreational aviation? It is covered in the bill because the
Aeronautics Act has supremacy. It is in the Aeronautics Act and
therefore it is covered.
Bill C-20 ensures that safety is our top priority. It ensures that
Nav Canada will ensure that safety is its top priority. The question
of a preamble is a good one but unfortunately this one was lacking
and had to be voted against.
[Translation]
Mr. Deshaies: I am delighted to see, Madam Speaker, that our
friend opposite recognizes the need to define security requirements
for Canadians. Perhaps the Bloc's proposed amendment is broad in
scope, but that was the intent, to ensure that this matter of
definition would be debated, since I am speaking basically on
behalf of the regions-it may be true of other objectives as
well-but as regards the price set on future security needs, the
regions will wonder who will be expected to pay for all this.
My colleague opposite suggested the airlines might be picking
up the tab. If the costs were distributed among paying users, I
would see no problem. The regions would be able to keep their
airports. But will airport owners be made to pay?
I think it is very important to discuss who will pay. I am sure that
profitable airports like Dorval, Mirabel, Toronto and Vancouver
might not have any problems adjusting to a new and safer
technology. However, it may prove to be next to impossible for
municipalities with zero money in the budget to operate the airport
to find an additional $50,000 or $100,000 every five years to cover
an occasional expense to acquire new and safer technology.
I think that the Parliamentary Secretary to the Minister of
Transport was right to point this out. Had debate been allowed on
this amendement, I think all Canadians would have benefited.
The Acting Speaker (Mrs. Ringuette-Maltais): Is the House
ready for the question?
Some hon. members: Question.
The Acting Speaker (Mrs. Ringuette-Maltais): The question
is on the amendment. Is it the pleasure of the House to adopt the
amendment?
Some hon. members: Agreed.
Some hon. members: No.
The Acting Speaker (Mrs. Ringuette-Maltais): All those in
favour will please say yea.
Some hon. members: Yea.
3414
The Acting Speaker (Mrs. Ringuette-Maltais): All those
opposed will please say nay.
Some hon. members: Nay.
The Acting Speaker (Mrs. Ringuette-Maltais): In my opinion
the nays have it.
And more than five members having risen:
The Acting Speaker (Mrs. Ringuette-Maltais): Call in the
members.
And the division bells having rung:
The Acting Speaker (Mrs. Ringuette-Maltais): The recorded
division is deferred until 5:30 p.m. today.
* * *
(1340)
[English]
Hon. Douglas Peters (for Minister of Health, Lib.) moved that
Bill C-24, an act to amend the Tobacco Products Control Act, be
read the second time and referred to a committee.
Mr. Joseph Volpe (Parliamentary Secretary to Minister of
Health, Lib.): Madam Speaker, it is my pleasure today to speak on
second reading of Bill C-24 which will amend the Tobacco
Products Control Act. Action on the proposed amendment is a key
element of our strategy for reducing the consumption of tobacco
products in Canada. Before I address the specifics of Bill C-24, I
first want to take a few moments to touch on the historical and
policy context of this legislation.
When the Tobacco Products Control Act became law in 1989 it
set a number of important public health precedents. It phased out
tobacco advertising. It restricted the promotion of tobacco
products. It required health warnings and toxic constituents
information on packages. Finally, the act required manufacturers to
report information on tobacco constituents and sales to the Minister
of Health.
In passing this legislation, Parliament acknowledged the hazards
inherent in tobacco use. It acted to protect all Canadians but
especially youth from inducements to the use of tobacco products.
To this day Canada is recognized as a world leader for the action it
took in 1989 to regulate tobacco marketing and promotion.
Since the implementation of the Tobacco Products Control Act,
Canada has been viewed as a model in terms of tobacco control
measures. Australia, New Zealand, France and Thailand are among
the countries which have used aspects of the Canadian model,
including advertising bans, prominent health messages on
packaging and increased health promotion activities. In some cases
these countries have gone further than Canada with various
components of their policies and legislation. Their non-smoking
policies are based not only on Canada's experience but also on the
recommendations of international health organizations such as the
World Health Organization.
As countries co-operate on tobacco control, these international
agencies have an increasing wealth of data and models to draw
upon. The World Health Organization for instance recently
released a report indicating that three million people a year now die
prematurely from tobacco related causes. If the current trend
continues, the body count would reach some 10 million deaths per
year within one generation.
(1345)
Last September the Supreme Court of Canada ruled Parliament
had the power to control advertising and promotion of tobacco
products under the criminal law power of the Constitution. The
court also found unanimously that the purpose of the act,
specifically to reduce tobacco consumption, was a valid and
important health objective, one sufficiently important to warrant
the limiting of the freedom of expression.
However, the court was also of the view that the government had
failed to demonstrate that some of the measures in the act, in
particular the total ban on advertising, the restrictions on
promotion and the inability to attribute health warnings to the
government, were justified under the charter. As a consequence,
the majority ruled that large portions of the act were without force
and effect, including provisions requiring health warnings and
toxic constituents information.
The government accepts the responsibility conferred on it by the
Supreme Court of Canada decision. It will not allow the
unrestrained marketing and promotion of a product that kills so
many Canadians.
Mr. McClelland: We will not hold it against you personally. I
know there are some jobs a parliamentary secretary must do,
however distasteful.
Mr. Volpe: I welcome the commentary of the hon. member
opposite. It is favourable to the introduction I am presenting.
Rarely has there been such a clear and compelling case for
government action, as the member acknowledges.
To put matters as simply as possible, smoking kills. The supreme
court recognized this fact. The warning labels are entirely accurate,
scientifically correct and vital to Canada's health strategy on
smoking. They cannot, however, tell the entire story.
Tobacco is the only consumer product that has absolutely no
known benefits, none whatsoever. When used as intended, it can
cause irreparable damage and can kill those who use it. A couple of
my colleagues opposite in the medical profession will attest to that
as well. They will also attest to the fact that research tells us a
smoker's life expectancy decreases by some seven to eight minutes
for each cigarette smoked. That is a terrible price to pay.
3415
Between one-third and one-half of Canadians who now smoke
will die prematurely as a result of tobacco use. This means that
over three million people will die an early death because of
tobacco use. When the Tobacco Products Control Act was
introduced in 1987 some 72 Canadians died each day of tobacco
related causes. Today, as we debate some minor amendments to
the act, the toll has risen appreciably. Today, tomorrow the next
day and each day in this year on average 110 Canadians will die
of tobacco related causes. Sadly, we have every reason to believe
this toll will continue to increase for some time.
Tobacco addiction does not take its toll immediately or quickly.
It often takes some 20 to 30 years for the consequences of smoking
to manifest themselves. That is why deaths attributable to smoking
continue to escalate, even though fewer people are smoking now
than 10 or 20 years ago. From 1989 to 1991 Canadian deaths
attributed to smoking increased by some 8 per cent to more than
41,400.
Even those who do not smoke can be affected. The United States
centre for disease prevention and control published some alarming
findings recently about second hand smoke in a journal of the
American Medical Association. I point to the study because the
study is noteworthy for not only its findings but for its sample size
and its methodology.
(1350)
It involved some 10,642 people over four years of age and older
randomly selected at 81 different sites in 26 separate states. It was
the first centre for disease prevention and control tobacco study to
combine blood samples, physical examinations and questionnaires.
Using the blood tests of the 10,642 people, the centres for
disease prevention and control were able to confirm almost
universal exposure to tobacco smoke even among young people
and people who never smoked and who do not work or live around
people who smoke.
Their tests showed 87.9 per cent of non-smokers in the group had
a blood chemistry that indicated exposure to cigarette smoke. Their
blood tested positive for cotinine metabolic residue from the
body's processing of inhaled nicotine. There is virtually no other
source of that chemical than inhaled tobacco smoke.
We know from other scientific studies that second hand smoke
can have 20 to 30 times the carcinogens found in smoke inhaled
directly through the filter by the smoker. This study confirms those
carcinogens find their way into the lungs and bloodstream of
almost everybody, including non-smokers.
The centres for disease prevention and control estimated that in
the United States second hand smoke caused 3,000 deaths annually
among the non-smoking public and 150,000 to 300,000 cases of
respiratory infections among children.
This is generally consistent with the data available in Canada.
Here it is estimated that about 330 people each year die from the
effects of second hand smoke. Almost half of all Canadian children
under the age 15, some 2.8 million, are exposed to second hand
smoke on a regular basis.
These data provide clear and compelling evidence that tobacco
use is not a personal choice issue, as the tobacco industry would
maintain. It is clearly and irreputably a public health issue.
The American study clearly shows no one is safe from the effects
of tobacco smoke. A smoker's decision to use tobacco products has
demonstrable and negative impacts on the health of those with
whom the smoker lives and works.
This year about 50 billion cigarettes will be smoked in Canada
with tragic consequences for public health. In addition to the
human consequences I have already noted there are hidden costs.
The health care costs of tobacco use are estimated at some $3
billion per annum. Another $8 billion is lost in absenteeism and
productivity loss. In short, the personal and public costs of this
addiction are tragic, pervasive and wholly preventable.
If this product were discovered today it would not be allowed for
use in the marketplace. The government realizes, as did the
Supreme Court of Canada, it would be impractical and unrealistic
to ban a product that is part of the daily lives of almost 7 million
Canadians.
At the same time, it would be irresponsible and callous to allow
unfettered marketing and promotion of such a lethal product. The
government has an obligation to take appropriate action. The
government is prepared to act, it is determined to act. It is
determined to take action, although the solutions to this national
public health problem are complicated and difficult.
Tobacco use is an integral part of the daily life of almost 7
million Canadians, roughly one-third of the population aged 15 and
over. Each day in films, magazines and on television tobacco
products are portrayed as normal consumer products associated
with contemporary lifestyles. This benign portrayal of tobacco
products ignores that tobacco is inherently hazardous and
addictive.
(1355)
The length of time between initial experimentation and the onset
of adverse health consequences is typically between 20 and 30
years and results in the loss of immediacy that has prompted
dramatic public reaction to other less threatening public health
issues. Its addictive qualities make it difficult to quit even when
smokers know the toll is exacting on their health. Many smokers
would like to quit but are unable to.
Government efforts to reduce tobacco use in Canada involve
powerful and competing interests in a highly complex social, legal
and economic context. The debates on the various pieces of
legislation regulating tobacco have elicited strong reaction from
such diverse interest groups as tobacco farmers, manufacturers,
retailers, printers, artists, cultural groups, health groups and
average Canadians whose health or families have been affected by
tobacco use.
3416
Because of tobacco's unique hazards, the enormous profits
generated from selling it and the many competing interests
involved, reducing tobacco consumption and its resulting adverse
health effects is a challenging task indeed. It involves shared
responsibilities among the various stakeholders and partners: the
different levels of government; employers promoting smoke free
environments among their employees; schools through the
education of their students on the hazards of tobacco use; parents
by encouraging their children not to start smoking; and of course
the smokers themselves.
The Speaker: You will have the floor right after question period.
As it is about 2 p.m., we will now proceed to Statements by
Members.
_____________________________________________
3416
STATEMENTS BY MEMBERS
[
English]
Mr. Paul DeVillers (Simcoe North, Lib.): Mr. Speaker, I take
this opportunity to pay tribute to Ludwig Strah, a resident in my
riding of Simcoe North, for his work as a volunteer with Canadian
Executive Services Organization.
CESO is a non-profit, volunteer based organization which
transfers Canadian expertise to businesses, communities and
organizations in Canada and abroad.
As a volunteer with CESO International Services, Mr. Strah has
put forth great efforts in Romania, helping a company which
manufactures water treatment equipment, and in Ghana working
with mining equipment.
Speaking on behalf of all Canadians, I commend Mr. Strah on is
selfless efforts, helping the citizens of Romania and Ghana in
rebuilding their countries.
* * *
Mr. Jack Frazer (Saanich-Gulf Islands, Ref.): Mr. Speaker,
Canadian forces have been under intense pressure of late with
problems of scandal, senior leadership, aging equipment and the
demands of frequent overseas rotations.
Despite these adversities, the individual men and women of the
Canadian forces and their units stand out amongst others. Their
performance is exemplary.
At a recent multinational military skills competition in Valika
Kladusa, Bosnia a team of about 60 Canadian soldiers in
competition with their British and Czech compatriots emerged as
overall winners.
The six event competition was intended to sharpen performance
and military skills while building team spirit and confidence. The
competition included a 18 kilometre timed march, an obstacle
course, a relay and a tug of war.
The training, commitment, team work, physical fitness and pride
of our soldiers made the difference. They deserve our recognition,
our praise and, most of all, our full support.
* * *
[
Translation]
Mr. Réal Ménard (Hochelaga-Maisonneuve, BQ): Mr.
Speaker, in Canada, two workers die every five working days. On
the occasion of Canadian Occupational Health and Safety Week,
we must reflect on the situation and try to find innovative solutions
to this important problem.
To this end, all workers have a vital role to play. It is a question
of collective and individual responsibility, where the risk of
accidents and intoxication in the workplace cannot be reduced
unless everyone becomes involved.
The federal government must look at what it has done so far and
find ways to improve existing legislation.
In 1996, our workers are entitled to working conditions
conducive to their health and their safety.
* * *
[
English]
Mr. Bill Blaikie (Winnipeg Transcona, NDP): Mr. Speaker, on
this, the seventh anniversary of the Tiananmen Square massacre,
one cannot help but marvel that the Liberals, who in opposition
professed to be outraged, now kneel alongside the multinationals in
search of lucrative contracts, kowtowing to the very men who
ordered the massacre.
The Liberals are showing the same hypocrisy on disarmament as
they are in human rights. Yesterday the Minister of Foreign Affairs
announced the opening of the Canadian Disarmament Digest web
site on the Internet. It is not surprising that this web site contains no
mention of the decision to permit the sale of CF-5 fighter jets to
Botswana, for this fact would certainly give readers of the digest a
serious case of indigestion.
With Canada alone among the G-7 nations lending financial
support to the Three Gorges dam project in China, and about to
3417
provoke a made in Canada arms race in southern Africa, Liberal
sanctimony on human rights and disarmament is becoming
exceedingly hard to stomach.
* * *
Mr. Walt Lastewka (St. Catharines, Lib.): Mr. Speaker, I rise
to congratulate the Club Roma organization, which is located in St.
Catharines, on the occasion of its 35th anniversary and the grand
opening of the organization's expanded facilities.
For the last 35 years Club Roma has worked in the community to
support families, seniors, sports and culture. They have developed
wonderful green spaces for sports events for both visitors and
residents to enjoy.
The club also supports local non-profit organizations and
promotes the rich multicultural heritage of St. Catharines in the
Niagara peninsula.
I want to extend congratulations to the Club Roma and Club
Roma president Angelo Mirabella on the 35th anniversary and
grand opening, and thank the club for its continued contribution to
the community of St. Catharines.
* * *
Mr. John Murphy (Annapolis Valley-Hants, Lib.): Mr.
Speaker, this past weekend I had the privilege of participating in
the 64th annual Apple Blossom Festival in my riding of Annapolis
Valley-Hants.
The Apple Blossom Festival is the largest family festival of its
kind in Canada. It draws people from far and near and showcases
the beauty of the Annapolis valley and the warmth of the people
who have made it their home. This year 150,000 people came to
enjoy the festivities.
Highlights of this year's events included the crowning of Chérie
Marie Riggs from Canning, Nova Scotia as Queen Annapolisa, the
annual apple blossom parade, a concert and a magnificent
fireworks display to cap of this weekend.
I wish to pass on my congratulations, sincere appreciation and
thanks to all those people who made this such a special event.
* * *
[
Translation]
Mr. Robert Bertrand (Pontiac-Gatineau-Labelle, Lib.):
Mr. Speaker, the citizens of Quebec are well aware of the
importance of transportation. Much of our history was written by
those who travelled by water, rail, road or the airways.
With one of the largest cities in Canada, we understand perfectly
the choice of this year's theme for National Transportation Week,
``The Urban Link''. Just visit Montreal, a busy shipping hub, to see
the importance of our urban centres, and how it is essential that
they be linked to the rest of the world through a reliable and
effective transportation system.
Canada's ports are vital links in the transportation chain. They
link Canada's urban economies with each other and with the rest of
the world. They are indispensable to the growth and development
of urban centres, trade and tourism.
Montreal is also served by one of the most effective public
transportation systems in Canada, the metro. On the occasion of
National Transportation Week, I ask members of this House to give
thought to the great importance of a reliable and effective urban
and interurban transportation network.
* * *
[
English]
Mr. Grant Hill (Macleod, Ref.): Mr. Speaker, today is my
opportunity to pay a public tribute to volunteers in Canada. In
particular, I focus on volunteers in the field of health.
My job as the Reform Party health critic has taken me to many
Canadians hospitals and clinics. Invariably I have been greeted by
cancer clinic volunteers returning their unselfish labour, time and
talents to our health system. Many of them are cancer survivors.
Some, sadly, have lost loved ones to this serious disease and have
been comforted by knowledgeable volunteers themselves. With
compassion and love, volunteers sit with lonely patients dying of
AIDS, supportive and caring.
(1405)
On Saturday I watched a telethon conducted by volunteers to
raise money for the children's hospital in Calgary. Millions of
dollars were raised for the research and treatment of our precious
youth.
To volunteers in Canada I simply give to you my heartfelt
thanks.
* * *
Mrs. Elsie Wayne (Saint John, PC): Mr. Speaker, this week
marks transportation week. Unfortunately there is not much to
celebrate.
Since the Liberal Party took office, Saint John has lost most of
its transportation infrastructure. When the Conservative Party was
in power, a new air traffic control tower was built. Now the
Liberals have closed it and privatized the airport.
3418
When the Conservative Party was in power, it maintained VIA
passenger rail service from Saint John to Sherbrooke and built a
new VIA terminal in Saint John. The Liberals ended VIA service
and the new terminal is now a hockey training centre.
Planes and trains. What next? I guess it is the ports, of course.
The government is privatizing ports with the idea of ending grants
in lieu of municipal taxes and terminating the ports police,
meaning more crime and less money to fight it. As well, ports must
pay for navigational aids, dredging and ice breaking. This was all
implemented before a full socioeconomic impact study was
completed.
Before the government decides to celebrate transportation week,
it should look at how it has undermined our essential transportation
services. It might realize it has nothing of which to be proud.
* * *
[
Translation]
Mrs. Anna Terrana (Vancouver East, Lib.): Mr. Speaker, June
2 was the 50th anniversary of the proclamation of the Italian
Republic. On June 2, 1946, in fact, as a result of a referendum held
throughout Italy, the monarchy was replaced by a republic.
This marked the end of a war Italy had lost and which had
destroyed one of the most magnificent countries in the world, but
also the beginning of a new area for Italy, during which, thanks to a
lot of hard work, perseverance and joie de vivre, Italians helped
rebuild their country, which has now become one of the seven
major world powers.
[English]
Italians had to struggle to get out of the depression. Many had to
leave Italy to look for a better country which could give them a new
beginning, a new life for them and for their families.
Canada was one of those countries. Italians found their promised
land here. They were well accepted and were given an opportunity
to provide for themselves and for those who depended on them.
Today I would like to pay tribute to all those Italians who dared
cross the ocean, and to Canada for giving them a new home. I am
sure that my numerous Italian Canadian colleagues sitting in the
House with me feel the same pride I feel as a Canadian with roots
in Italy. I invite all to join us to celebrate this important day.
Mrs. Brenda Chamberlain (Guelph-Wellington, Lib.): Mr.
Speaker, all Canadians should be concerned about the underground
economy. It costs us in lost tax revenues but most important it costs
us jobs.
I have worked with representatives of the building trades in
offering suggestions to the Minister of Finance to help to reduce
the negative effects of the underground economy in
Guelph-Wellington and elsewhere in Canada. During our
discussions I was told time and time again that we must all work
together.
The underground economy is more than not paying taxes. It costs
my community and every community in Canada jobs: jobs for
those who want to work, jobs that support our families. I urge the
government to continue to work with the building trades and others
in order to find solutions to this silent killer of jobs.
* * *
Mr. Jean-Paul Marchand (Québec-Est, BQ): Mr. Speaker, we
were all shocked last week by the comments made by the Minister
of Human Resources Development concerning the political options
open to those who choose to come to this country.
It seems there is a price to pay in return for Canada's hospitality.
That price is political conformity. Immigrants must espouse the
majority viewpoint. Their democratic rights, guaranteed by the
charter of rights and freedoms, do not include the right to choose a
sovereignist party.
The outrage provoked by these comments was shared by many
federalists in Quebec and I am convinced by all English Canadians
who respect fair play and democratic values. But where was the
outrage by the Liberal Party in Ottawa? The Prime Minister
endorsed the comments of his minister and the press in English
Canada was silent on the matter.
I urge all English Canadians concerned about the future of their
democracy to take this matter seriously and to call for a public
retraction and an apology by the Minister of Human Resources
Development.
* * *
(1410 )
Mr. Gurbax Singh Malhi (Bramalea-Gore-Malton, Lib.):
Mr. Speaker, today marks the 12th anniversary of the senseless and
brutal attack by the Indian army on Sikh region's holiest shrine, the
Golden Temple at Amritsar and 37 other places of worship. The
attack resulted in the deaths of many innocent worshippers.
3419
It would be timely for the new Indian government to apologize
for the massacre. More recent examples of human rights abuses
include the mysterious disappearance of prominent human rights
activists, including Mr. Jaswant Singh Khalra.
I invite colleagues to view the photo exhibition in the
Commonwealth Room from 2 p.m. to 4 p.m. organized by the
following Sikh temples: Dixie Road, Malton, Scarborough, Pape
Road, Hamilton, Oakville, Nanak Centre, Rexdale, Weston, Baba
Budaji, Guelph, Kitchener, Windsor, London, Lachine and
Montreal, Quebec, and the local Ottawa Sikh society.
* * *
Mr. Myron Thompson (Wild Rose, Ref.): Mr. Speaker, once
upon a time there was a Liberal government that broke many
promises to western grain producers.
Western grain producers remember Liberals promised a
plebiscite on the operation of the Canadian Wheat Board and
blatantly broke that promise.
Western grain producers plan, prepare and grow their product on
the assumption that they will be supported by the Canadian Wheat
Board in selling that product and now know the support is as much
of an illusion as promises by this Liberal government.
The Canadian Wheat Board states it cannot find markets when
world supplies are at an all time low, prices are at an all time high
and demand for top quality wheat and barley is climbing.
Producers want accountability and input into the wheat board,
not a continual parade of political hacks and political paybacks for
those who have no idea how grain should be sold to a wanting
market.
Western grain producers will remember this Liberal government
cannot be trusted and they will act accordingly.
* * *
[
Translation]
Mr. Osvaldo Nunez (Bourassa, BQ): Mr. Speaker, last week,
the Minister of Human Resources Development told me to look for
another country if I did not like his government's policies and if I
kept on promoting Quebec's sovereignty.
Reaction was swift. In addition to the many francophone
journalists who were incensed by the minister's remarks, and the
personal show of support I received, I also have the support of the
Parti Quebecois, the Quebec NDP, the Centre for Research-Action
on Race Relations, the Black Coalition of Quebec, the FTQ, the
CSN, B'Nai Brith Canada, the Canadian Jewish Congress, the
Spanish Canadian Congress, to name just a few.
Far from withdrawing his discriminatory comments on all new
Canadians and new Quebecers, the minister added to them.
In such a context, I see no other alternative for him but to resign.
As for me, I will keep on striving to find another country, Quebec.
* * *
Mr. Nick Discepola (Vaudreuil, Lib.): Mr. Speaker, do you
know who is the new godfather of Quebec politics? This new
francophone Michael Corleone made his first appearance in New
York City yesterday with a lot of hoopla.
Unfortunately for movie lovers, it was not for the launching of
the fourth film in the prestigious series, but for the casting of
Lucien Bouchard, the Pequist leader, in the new role he is taking
on.
Comparing himself to the main character in the ``Godfather'',
the Pequist leader tried to convince his audience that it was the
Canadian government, not he, who wanted to keep on talking about
the Constitution and Quebec sovereignty.
Lucien Bouchard probably chose the best possible character,
when he compared himself to the infamous godfather. After all, is
he not the one who thought he was making ``an offer Canada could
not refuse'', with his project of sovereignty-association?
[English]
Canadians will not be hoodwinked into accepting offers from
Don Bouchardo.
* * *
Mrs. Eleni Bakopanos (Saint-Denis, Lib.): Mr. Speaker, in a
speech yesterday to the Foreign Policy Association in New York,
the separatist premier of Quebec reiterated that his priority will be
to focus on public finances and economic development in Quebec.
We are happy to see that the pequiste leader has finally seen the
light in deciding to look at the economy rather than continuing to
waste money and energy to promote a separatist dream.
[Translation]
People in Canada and in Quebec want their governments to work
on economic recovery, job creation and putting their fiscal house in
order.
If he wants to be taken seriously by investors both on Wall Street
and in Quebec and Canada, the separatist leader must put an end to
3420
the separatist threat looming over Quebec. This is a necessary step
to economic recovery in Quebec.
_____________________________________________
3420
ORAL QUESTION PERIOD
(1415)
[Translation]
Mr. Michel Gauthier (Leader of the Opposition, BQ): Mr.
Speaker, the Varennes tokamak research project has had an
extremely positive impact to date on the Quebec economy.
Announcement that the federal funding of $7.2 million yearly
will be pulled seriously compromises the very nature of this project
and is liable to have negative consequences for Quebec, which is
already at a clear disadvantage when it comes to federal R and D
investment.
My question is for the Minister of Natural Resources. Last week,
the minister promised to look into finding alternative sources of
funding for this project within the federal administration. Can she
tell us what steps she has taken to find the 7.2 million in funding for
the Varennes project, so that its survival will not be threatened?
[English]
Hon. Anne McLellan (Minister of Natural Resources, Lib.):
Mr. Speaker, let me clarify for the hon. Leader of the Opposition
what I said last week in committee.
As the hon. leader probably knows, I indicated that the
contribution agreement under which the federal government was
funding research at Tokamak, there is the opportunity to terminate
the agreement with one year's notice. We undertook to exercise
that right. The one year's notice is in part to provide for an orderly
transition.
I indicate in response to a question from a member from the
official opposition that during that one-year period I would do
whatever I could to ensure that orderly transition took place. Make
no mistake, the transition is to ensure that the federal government
does not continue to fund the Tokamak project as it has in the past.
[Translation]
Mr. Michel Gauthier (Leader of the Opposition, BQ): Mr.
Speaker, the minister refers to a transition period, but we are very
much aware of how an announcement like this one by the minister
about the future of the project can undermine not only the
motivation of those working on the research project, but also all of
the tokamak project's longstanding relationships, particularly with
Quebec businesses.
Can the minister commit today in this House to the federal
government's not withdrawing from the tokamak project before
finding the $7.2 million required for its survival somewhere else in
the government's coffers?
[English]
Hon. Anne McLellan (Minister of Natural Resources, Lib.):
Mr. Speaker, I will not so commit myself. I have made it plain and
the position of the federal government is consistent and clear.
The government has exercised its right to terminate funding
under the contribution agreement. That federal funding will be
terminated.
I promised that I would appoint someone from my department to
work with other interested stakeholders to attempt to find
alternative funding during the year of transition. I stand by that.
[Translation]
Mr. Michel Gauthier (Leader of the Opposition, BQ): Mr.
Speaker, may I come to the assistance of the minister with a very
modest suggestion?
The former heritage minister had indicated that the flags and
kites for Heritage Day would cost $7 million. Does the Minister of
Natural Resources agree that Quebec needs federal R and D
funding to generate employment far more than it needs flags or
kites?
[English]
Hon. Anne McLellan (Minister of Natural Resources, Lib.):
Mr. Speaker, let me reconfirm and reiterate for the hon. Leader of
the Opposition that my department provides approximately 25 per
cent of its regional R and D funding to the province of Quebec. In
fact, that is marginally greater than the population of Quebec.
Across the federal government I believe that it provides
approximately 25 per cent of its R and D funding to the province of
Quebec. In fact, the federal government has nothing to apologize
for in relation to its funding of R and D in the province of Quebec.
(1420)
[Translation]
Mr. Stéphane Bergeron (Verchères, BQ): Mr. Speaker, the
minister, in endlessly repeating statistics, must remember that they
do not apply to Ottawa and that she should perhaps correct her
geography when she mentions them.
My question is for the Minister of Natural Resources. Given the
government's significant expenditures for all of its activities,
Quebecers have a hard time understanding how $7.2 million could
represent a stumbling block for the federal government, which is
thus compromising a research and development project that creates
jobs and is vital to Quebec.
3421
How does the minister explain that it was suddenly so difficult,
indeed impossible, to come up with $7 million for Quebec's
tokamak project, when her colleague, the Minister of Industry,
only a few months ago increased federal funding for the federal
TRIUMF project in British Columbia by $15 million a year?
Hon. John Manley (Minister of Industry, Minister for the
Atlantic Canada Opportunities Agency, Minister of Western
Economic Diversification and Minister responsible for the
Federal Office of Regional Development-Quebec, Lib.): Mr.
Speaker, we are always happy when members of the Bloc ask
questions on research and development. It is rare, but sometimes
they do.
On the subject of the TRIUMF project, the former science and
technology critic agreed with our decision to support TRIUMF. It is
a totally different matter in the case of tokamak. The opposition
should be asking about other aspects of science and technology
matters and about our expenditures throughout the field of research
and development. We have helped not only Quebec, but all regions
of Canada.
For example, I note we have just received a Quebec astronaut,
who was in space as a Canadian astronaut. He works at our space
agency, which is located where? In Saint-Hubert, Quebec.
Mr. Stéphane Bergeron (Verchères, BQ): Mr. Speaker, we did
indeed support the increase in funding for the TRIUMF project, but
we had no idea then that you would be cutting in Quebec to make
up for it. The president of the Canadian Association of Physicists,
Mr. Vincett, has said that the tokamak project had a very high ratio
of results to dollars invested and enjoyed an excellent reputation
internationally.
In these circumstances, how does the minister explain the
sudden difficulty in finding $7 million for the tokamak project? Is
it because it is a Quebec project?
[English]
Hon. Anne McLellan (Minister of Natural Resources, Lib.):
Mr. Speaker, as I have said on a number of occasions in the House,
government is about making choices. Because of the fiscal
situation in which we find ourselves, the choices are very tough.
They are not easy.
As I have explained before to the hon. member, we had to
determine our energy research priorities. Fusion is not one of those
priorities. One, we do not know whether it will ever be
commercially viable. Two, if it is, it is going to inure to the benefit
of Quebec Hydro, Ontario Hydro and their customers.
I would suggest to the hon. member that-
Some hon. members: Oh, oh.
Ms. McLellan: Do you want to listen?
The Speaker: I presume the minister was posing the question to
me. The answer is yes, but I will go on to hear the hon. member for
Calgary West.
* * *
Mr. Stephen Harper (Calgary West, Ref.): Mr. Speaker, my
question is for the Minister of Intergovernmental Affairs.
In grand Brian Mulroney style the federal government is
planning a first ministers conference behind closed doors with only
the federal government able to set the agenda. The premiers of
Ontario and Quebec have said they do not want constitutional
issues on the agenda and the premier of Alberta has said he will
walk out if the Constitution is reopened.
(1425 )
My question is very simple. Since there is no necessity of
discussing the Constitution, little desire to discuss it and no
possibility of agreement, will the minister simply agree that
reopening the Constitution will not be on the first ministers'
agenda?
Hon. Stéphane Dion (President of the Queen's Privy Council
for Canada and Minister of Intergovernmental Affairs, Lib.):
Mr. Speaker, the agenda is still under negotiation. We are
consulting the provinces about it. When it is known, it will be my
privilege to discuss it with the hon. member.
Mr. Stephen Harper (Calgary West, Ref.): Mr. Speaker, let me
ask about another item that may be under discussion, the GST.
Several premiers say they want to discuss the botched GST
harmonization and the special payout of a billion dollars to the
Liberal premiers in Atlantic Canada.
Will the minister agree with several of the premiers that this
should be put on the first ministers' agenda?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, at
the express request of the Minister of Finance of Alberta, the issue
of taxation will be on the agenda for the finance ministers
conference, including the issue of the GST.
We also will be discussing the entire area of adjustment policy,
the way in which the federal government must act when one region
or another of the country is going through profound structural
change. That there are differing tax levels, one region of the
country versus another, is a historic fact. It is something that we
will be examining at that meeting.
Mr. Stephen Harper (Calgary West, Ref.): Mr. Speaker, we
are aware that there is a finance ministers meeting on this. The
premiers of Ontario and Quebec and others have asked that this be
on the agenda for the first ministers meeting.
3422
There are rumours that the conference is scheduled to discuss
transfers of federal powers and realignment of authority to the
provinces. Will the federal government table its proposals in this
area in this House so Canadians can know in precise detail what
is being offered and discussed by the first ministers before any
deals are cooked?
Hon. Stéphane Dion (President of the Queen's Privy Council
for Canada and Minister of Intergovernmental Affairs, Lib.):
Mr. Speaker, the agenda has not yet been decided. We are still
consulting the provinces on it. When it is known, it will be my
pleasure to discuss it with the hon. member.
* * *
[
Translation]
Mrs. Pierrette Venne (Saint-Hubert, BQ): Mr. Speaker, my
question is for the Minister of Justice.
A few days after he assumed his duties, the Minister of Justice
met with RCMP investigators in order to provide them with
information concerning Swiss bank accounts connected to the
Conservative Party. This morning, the minister has denied being
behind the Airbus purchase investigation.
Can the minister tell us, if it was not he, who within his
department or the government is behind that investigation?
[English]
Hon. Allan Rock (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, to set the record straight, it is true
that after consulting with the solicitor general I met on his advice
with members of the RCMP in late 1993. In early 1994 the Royal
Canadian Mounted Police wrote to me saying that after having
looked at the information I had given them they had come to the
conclusion that a further investigation was not warranted and they
were not proceeding.
As to the origins of the investigation into the so-called Airbus
affair that is now ongoing, I have no idea how or why that began.
The RCMP tell us according to public statements it commenced
sometime in 1995. I can tell the hon. member that I did not initiate
it. I do not know who did initiate it. I am sure the police have their
sources and their reasons. It is up to the police to conduct police
investigations.
[Translation]
Mrs. Pierrette Venne (Saint-Hubert, BQ): Mr. Speaker, how
can the Minister of Justice explain his allowing a letter to the Swiss
authorities on the Airbus affair to go out over the signature of Ms.
Kimberly Prost, a senior official in the department for which he is
responsible, without a check of all of the pertinent information
concerning this matter?
[English]
Hon. Allan Rock (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, that matter is before the court. I do
not think the subject matter of this question is necessarily before
the court and therefore I feel at liberty to respond.
It is a very important principle in the administration of justice
that attorneys general ought not to be directly involved in police
investigations. The reason the department wisely did not consult
me and ask me to go over the letter to Switzerland or to review the
state of the investigation, to decide whether it should proceed to the
next step is that politicians and police investigations do not mix.
(1430 )
Politicians should not run police investigations. That is an
important principle of law. It is an important principle of
government. It is fundamental. If I were directing police
investigations, this House of Commons would be the first place to
call me to account.
That is the reason the Department of Justice wisely did not
involve me. In fact, in documents that were made public under
access to information late last year, it became clear from internal
memoranda that the Department of Justice officials consciously
decided not to involve me out of respect for that very important
principle.
* * *
Mr. Jim Hart (Okanagan-Similkameen-Merritt, Ref.):
Mr. Speaker, the military special investigations unit continues to
conduct covert operations, contrary to the Marin recommendations
of 1994, recommendations that the Minister of National Defence
yesterday said have been followed. However, we have proof that
the special investigations unit is still spying on Canadians.
Will the minister explain why on March 15, 1995 the judge
advocate general authorized the special investigations unit to spy
on a Canadian civilian in direct contravention of the Marin
recommendations?
Hon. David M. Collenette (Minister of National Defence and
Minister of Veterans Affairs, Lib.): Mr. Speaker, I answered the
question yesterday. Obviously the hon. member did not like the
way his colleague posed the question.
The fact is that the SIU does not initiate or take part in these
investigations, except in support of the military police. The hon.
member says he has proof, let him table the proof in the House of
Commons.
Mr. Jim Hart (Okanagan-Similkameen-Merritt, Ref.):
Mr. Speaker, I do have the proof and I will be more than happy to
table it.
3423
Yesterday and today the minister stated that he had no proof
that the SIU was still conducting covert operations on Canadian
civilians. Access to information documents prove that the
operations were ordered by the minister's own chief legal adviser,
the judge advocate general. The National Defence Act does not
allow the SIU to spy on civilians and it did.
Did the minister know that the SIU was ordered to conduct a
covert operation on a private citizen? What is he going to do about
it today?
Hon. David M. Collenette (Minister of National Defence and
Minister of Veterans Affairs, Lib.): Mr. Speaker, I answered the
substance of the hon. member's questions. Let us look at what he is
going to table in the House and see if that stands up to his
accusations.
* * *
[
Translation]
Mr. Yvan Loubier (Saint-Hyacinthe-Bagot, BQ): Mr.
Speaker, since the federal government made known its intention to
invade the securities sector, a sector under provincial jurisdiction,
the Bloc Quebecois has strongly opposed Ottawa's centralist
ambitions. This morning, the National Assembly unanimously
confirmed that it too intends to stop the federal government from
going ahead with the Canadian Securities Commission.
My question is for the Minister of Finance. Will the government
undertake immediately to respect the unanimous wish of the
National Assembly and unconditionally drop its plans for a
Canadian Securities Commission?
Hon. Paul Martin (Minister of Finance, Lib.): First of all, Mr.
Speaker, I would like to congratulate all the provinces that would
like to go ahead with standardization in this area. But, it must be
made very clear that the idea is not to have one, three or four
commissions, but that it would be much better than having ten
commissions.
This is not a federal government project. In fact, it is being done
at the request of a number of provinces. We are there to facilitate
matters, if there is anything we can do to help.
Mr. Yvan Loubier (Saint-Hyacinthe-Bagot, BQ): Mr.
Speaker, the reality is that the federal government has no business
in this sector. That is a fact.
When you have the president of the Quebec Securities
Commission, the president of the Montreal Stock Exchange,
Quebec's chambers of commerce, and now the National Assembly
all agreeing that the federal government should stay out of this
sector, it is starting to look like there are very few people in Quebec
who are in favour of the plan. When even Daniel Johnson rejects it
out of hand, there is something wrong somewhere.
So, I would like to ask the following supplementary: Does the
minister realize that the creation of a Canadian Securities
Commission, in addition to being completely ineffective and
inappropriate, because the provinces can manage on their own, is
pure interference in an exclusively provincial area of jurisdiction?
(1435)
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
there is no interference, none whatsoever. Furthermore, nothing
will be mandatory. If a province does not wish to participate, if it is
not necessary for it to participate, that province is entirely free not
to take part. That is very clear.
Second, it was the Montreal business community, those who
issue shares and belong to this group, le Canadien, who asked us to
do this.
Third, I think it would be completely ridiculous, and I am certain
it is not within the jurisdiction the member is talking about, that if a
critical mass of other provinces wish to have a national
commission, Ottawa should refuse to do what the other provinces
are asking us to do. Is that what the member is saying should
happen? That would be completely ridiculous.
* * *
[
English]
Mr. Mike Scott (Skeena, Ref.): Mr. Speaker, yesterday the
fisheries minister said it was despicable that we would ask why he
is decimating the Pacific salmon fleet and at the same time
allocating more fish to the native fishery. Clearly the minister
thought it was despicable that we could see through the smoke and
mirrors to his real agenda.
I have a very simple question for the minister: Is it true that the
size of the commercial fleet in British Columbia is being slashed
and at the very same time the size of the native fishery is being
expanded? Yes or no?
Hon. Fred Mifflin (Minister of Fisheries and Oceans, Lib.):
Mr. Speaker, as I said yesterday the priority for salmon fishing is
escapement, aboriginal requirement for food, ceremonial and
social fisheries and that is being followed. There is an aboriginal
fisheries strategy which I think is open to all concerned. There is
nothing mysterious about it and that has been followed.
I object very strongly to the suggestion of something being done
mysteriously. What is done is in accordance with the published
strategy. The government policy on this is being followed and the
hon. member knows that.
Mr. Mike Scott (Skeena, Ref.): Mr. Speaker, what is being done
is the commercial fleet is being decimated at the same time the
native fishery is being increased.
B.C. fishermen will not stand idly by and watch this government
do to their industry what successive governments have done to the
east coast. We will not stand by and watch the rape of our resource
3424
in the name of politics. We will not let this minister wash his hands
of the damage he is doing to our resource that sustains thousands of
British Columbians.
If the B.C. fish population is so threatened as to warrant the
downsizing by half of the B.C. commercial fleet, then why is he
radically increasing the size of the native fishery at the same time?
Hon. Fred Mifflin (Minister of Fisheries and Oceans, Lib.):
Mr. Speaker, there is nothing happening radically. Everything is
being done very calmly, very sensibly, very openly and not
mysteriously. Everything is being done in accordance with open
government policy, a policy that has been negotiated with all
concerned.
I have to remind the hon. member that the steps we are taking to
revitalize the commercial salmon fishery are well under way and
should be in place very soon. This will reassure the hon. member
and his caucus colleagues when they meet on the west coast in a
couple of days that everything is being done properly. They will
find it hard to criticize it when the plan works as guaranteed.
* * *
[
Translation]
Mrs. Francine Lalonde (Mercier, BQ): Mr. Speaker, my
question is for the Minister of Human Resources Development.
According to a study carried out by the Société québécoise de
développement de la main-d'oeuvre and submitted to a Quebec
parliamentary commission in early April, for the 1995-1996
financial year, Quebec received from the federal government $1.1
billion for all its training programs and labour adjustment
initiatives. However, the proposal introduced by the minister only
provides for $1.95 billion for all of the provinces.
How does the minister explain that the proposal made to the
province of Quebec involves payments way below what the federal
government invested in 1995-1996 in training and labour
adjustment programs?
Hon. Douglas Young (Minister of Human Resources
Development, Lib.): Mr. Speaker, when we address an issue as
complex as the one the hon. member just raised, we realize that
there will always be discussions about the money involved.
We can talk about the $2 billion announced when the proposal
was made to the provinces, but there is also the $500 million paid
to passive recipients of employment insurance.
(1440)
There are also the programs financed by the consolidated fund.
There is no doubt that in the weeks and months to come, if
agreements are reached with the provinces, the negotiations over
the money to be transferred will be quite tricky.
I believe that with some good will and transparency-because
we will clearly indicate the money allocated to each program-not
to mention that the provinces will insist upon it-we should be able
to reach an agreement acceptable to all concerned.
Mrs. Francine Lalonde (Mercier, BQ): Mr. Speaker, I
understand that the minister has admitted that the amount of 1.95
billion does not include, for Quebec, all the money spent last year
on training and labour adjustment. It does not include, for example,
the money coming from the consolidated fund.
I am glad to hear that because it means-and that will lead me to
the question I want to ask-that the minister must bring money into
the discussions.
Does the minister not realize that, if he does not bring money
into the discussions, he will have undertaken an unemployment
insurance reform that drastically cuts UI benefits under the pretext
of increasing employment benefits, when in fact workers would be
doubly penalized because they will have access to fewer labour
adjustment initiatives?
Hon. Douglas Young (Minister of Human Resources
Development, Lib.): Mr. Speaker, from the question put by the
hon. member, we can see how complex this whole issue is. We will
have to work together and co-operate to find ways not only to spend
the money allocated for these programs but also to determine how
we are going to go about it.
In the commitment made by the Prime Minister and the
government and the proposal made to the provinces, our goal is to
work in good faith to try and find ways to ensure that the money
spent goes to help the clients, which is after all the whole purpose
of this exercise.
* * *
[
English]
Mr. Harbance Singh Dhaliwal (Vancouver South, Lib.): Mr.
Speaker, my question is for the Minister of Justice.
Recently Vancouver proudly hosted a global conference
sponsored by the International Centre on the Prevention of Crime.
This conference gave rise to many excellent recommendations.
Considering Canadians spend $10 billion on the criminal justice
system, could the minister tell the House if he intends to pursue any
of the recommendations made at this conference?
Hon. Allan Rock (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, the government has a deep
commitment to crime prevention. We believe the way to have a
3425
strong and effective justice system is to have tough criminal laws
that are enforced carefully and to respect the importance of crime
prevention through early intervention.
Some two years ago the solicitor general and I created the
National Crime Prevention Council, which has been at work at our
request developing a national strategy for crime prevention and
preparing a catalogue of best practices in place throughout the
country to share with municipalities wishing to start crime
prevention programs.
The conference in Vancouver attracted international participants
and we learned a great deal from their experience.
Crime prevention means recognizing the connection between
social justice and criminal justice. That sometimes means spending
money and doing things to intervene to get at the causes of crime to
prevent it.
I hope the day is not far off when the government will act on the
recommendations of the Horner committee, an all-party committee
of the House, which four years ago recommended we devote 1 per
cent of our total federal budget for courts, police and corrections
for crime prevention. We are working toward that goal. I hope the
day will come in the not too distant future when we can announce
it.
Mr. Myron Thompson (Wild Rose, Ref.): Mr. Speaker, in 1984
there were 4,000 youth crimes reported in Canada. In 1994 there
were 21,000. This is a 187 per cent increase since the
implementation of the Young Offenders Act. Obviously it is not
working. Every Canadian knows it is not working. Canadians are
tired of hearing the minister is waiting for his committee.
(1445 )
How many more young criminals have to get away scot free,
how many more young people have to be terrorized before the
minister makes youth pay a price for these terrible crimes?
Hon. Allan Rock (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, I know the hon. member feels
strongly about this. I respect his concern. I also respect the work he
does in the justice committee in this connection.
In terms of the increase in the number of crimes, one should
approach those statistics with some caution. Yes, youth crime is up
and, most troubling of all, violent youth crime is up. However,
three-quarters of the so-called violent youth crime are level one
common assaults, pushing and shoving and scuffling in the
schoolyard which 15 or 20 years ago would never have come to the
attention of police. Because of the change in the system, the
reporting practices and zero tolerance they are turning up as
statistics.
There is a challenge to face. The hon. member is a hard working
and respected member of the very committee at work right now to
find ways to improve the Young Offenders Act so that we can better
deal with that challenge. I urge the hon. member to continue in that
important work so we can get on with improving the act.
Mr. Myron Thompson (Wild Rose, Ref.): Mr. Speaker, I thank
the minister for the butter up but it will not work.
For three years the minister has recognized this as being a
problem and he has done nothing. He is hiding behind the standing
committee.
On another thing he is hiding behind the standing committee. In
August of this year child killer Clifford Olson will be applying for
parole under the faint hope clause of section 745. Our last chance to
abolish this clause is June 21.
Will the minister continue to hide behind the committee or will
he eliminate this clause before Clifford Olson can apply?
Hon. Allan Rock (Minister of Justice and Attorney General
of Canada, Lib.): Mr. Speaker, as far as buttering up is concerned,
I am in trouble on both sides of the House. My colleagues thought I
went too far but I courageously stand by my words. I want the hon.
member to know that.
Section 745, as the hon. member knows, has been discussed in
the House and by the committee. We have taken note of the
discussion, we have consulted broadly and we are now preparing
proposals to bring forward to address this important question.
* * *
[
Translation]
Mr. Yvan Bernier (Gaspé, BQ): Mr. Speaker, my question is
for the Minister of Fisheries and Oceans.
Last Thursday, the minister argued in this House that registering
pleasure craft and charging fees for them would mean greater
safety in pleasure boating. The Bloc Quebecois agrees that safety
on the waterways is important, but we strongly question the real
motives of the minister.
What services will the Coast Guard offer pedal boats, rowboats
and canoes that warrant their paying a new tax of up to $35
annually?
[English]
Hon. Fred Mifflin (Minister of Fisheries and Oceans, Lib.):
Mr. Speaker, in response to the hon. member's question, which I
know was serious, I remind him and the House there are 250
recreational boating accidents that end in fatality, 50 per cent of
which occur in Ontario and Quebec.
3426
These are issues we should concern ourselves with. It is exactly
those issue that have caused the coast guard and my department
to enter into a discussion with recreational organizations to make
sure that things like life jackets and the material that smaller boats
are made of are safetied, in particular in areas where we cannot
provide the search and rescue facilities to respond to the well over
10,000 incidents we have in Canada during the year.
I understand where the hon. member is coming from but I have
to tell him it is in response to serious business and it is for the
protection of Canadians at large.
[Translation]
Mr. Yvan Bernier (Gaspé, BQ): Mr. Speaker, will the minister
not acknowledge that the objective of safety he is hiding behind is
nothing more than a pretext, because his real aim is to impose a
hidden tax on pleasure boaters in order to bring in $14 million?
(1450)
[English]
Hon. Fred Mifflin (Minister of Fisheries and Oceans, Lib.):
No, Mr. Speaker, I am not intending to bring in a disguised tax.
There will be some fees which will be negotiated with the
organizations that are calling for these increased safety standards.
The name of the game is increased safety for Canadians. If this is
the price, I think it is a good price to pay for the safety and the
possible reduction in the loss of 250 lives, one being too many.
* * *
Mr. Lee Morrison (Swift Current-Maple
Creek-Assiniboia, Ref.): Mr. Speaker, my question is for the
Minister for International Co-operation.
Of the 20 top suppliers of service contracts to CIDA in 1995, 14,
that is 70 per cent, had made donations in 1994 to the Liberal Party
compared with less than 1 per cent of Canadian companies overall.
For example, in 1994 SNC Lavalin, Tecsault Inc., Cooper's &
Lybrand and a few of their associates and subsidiaries collectively
donated $137,000. In 1995 they snagged CIDA contracts with an
aggregate value of $22.5 million. Is this a coincidence?
Hon. Pierre S. Pettigrew (Minister for International
Cooperation and Minister responsible for Francophonie, Lib.):
Mr. Speaker, we have worked very hard at CIDA in the last few
years to build a very open bidding system for all Canadian
companies.
The member can be absolutely sure the companies that get the
contracts are the companies that have really prepared the best bid
for the Canadian taxpayer and the countries that actually get them.
Yesterday I had a question about the province they come from.
They reflect exactly the number of requests and bids prepared from
that region so that both will count either from the region and the
companies.
We always have this open system which is quite transparent. I
will be devoting the end of June and the beginning of July to going
across the country to explain that system to business people in
other regions, western and eastern Canada, so they can make more
bids and get more contracts because it is very important.
Mr. Lee Morrison (Swift Current-Maple
Creek-Assiniboia, Ref.): Mr. Speaker, no company can even bid
without the minister's approval.
Fifteen of the top CIDA contractors are based in Quebec. Clark
Builders of Edmonton, with multimillion dollar contracts in
Russia, China and Japan, does not even bother to submit its name
anymore to what its president refers to as the Quebec international
development agency.
Does the minister believe that CIDA's regionally biased
contracting policy is beneficial to his quest for national unity?
Hon. Pierre S. Pettigrew (Minister for International
Cooperation and Minister responsible for Francophonie, Lib.):
Mr. Speaker, I think this is absolutely ludicrous.
If we look at the number of companies that submitted
prequalification bids last year, 245 happen to be from Quebec and
187 from Ontario. The number of contracts given to Quebec
companies reflects the number of bids they have made. If more
Quebec companies bid for contracts they end up having more.
It is the responsibility of business people from all regions to bid
for contracts. I can show the member the percentage which reflects
perfectly the number of bids we received, and we are very proud of
it.
* * *
Mrs. Jean Payne (St. John's West, Lib.): Mr. Speaker, my
question is for the Parliamentary Secretary to Minister of the
Environment.
A recent pollution probe study estimates that smog is
responsible for 380 deaths per year, 15 deaths per month, from
heart and lung disease. How is the government addressing the issue
of air pollution to ensure Canadians continue to have clean air to
breathe?
Mrs. Karen Kraft Sloan (Parliamentary Secretary to
Minister of the Environment, Lib.): Mr. Speaker, transportation
is one of the major causes of air pollution. The government has a
strong commitment to dealing with this problem. One of the ways
we have to address this problem is to reduce automobile emissions.
3427
(1455)
I am very pleased to say the Minister of the Environment is
announcing today in Toronto a new set of national standards for
automobile emissions. I am very pleased to say it is the strongest
set of standards in the world.
* * *
[
Translation]
Mr. Osvaldo Nunez (Bourassa, BQ): Mr. Speaker, my question
is for the Minister of Citizenship and Immigration.
We learned last week that the minister was getting ready to
eliminate the right to citizenship for those who are born in Canada
of parents who are not Canadian citizens themselves. Such a
measure would directly affect children of people recognized as
refugees by Canada as well as children whose parents do not have
Canadian citizenship.
Will the minister confirm this rumour that she has herself
started, to the effect that Canada intends to toughen its policy with
regard to children of refugees, among others?
Hon. Lucienne Robillard (Minister of Citizenship and
Immigration and Acting Minister of Canadian Heritage, Lib.):
Mr. Speaker, if I am not mistaken, the member for Bourassa sits on
the immigration committee which studied proposals to revise the
Citizenship Act, and one of the recommendations made by this
committee was to review the issue of citizenship for children born
in Canada. It is within that context that we are studying all aspects
of this issue.
* * *
[
English]
Mr. Keith Martin (Esquimalt-Juan de Fuca, Ref.): Mr.
Speaker, the proposed Taro dump on the Niagara escarpment is to
harbour some 11 million tonnes of hazardous waste. There are
serious health concerns regarding the dump. I would like to know if
the Minister of the Environment will do a full environmental
assessment of the proposed dump site.
Mrs. Karen Kraft Sloan (Parliamentary Secretary to
Minister of the Environment, Lib.): Mr. Speaker, I will take the
question under advisement.
* * *
Mr. Nelson Riis (Kamloops, NDP): Mr. Speaker, my question
is for the Minister of Health.
The Minister of Health announced that from June 1 he will
regulate human sperm in Canada under the Food and Drugs Act. He
is proposing that cheeses made from unpasteurized milk be also
restricted under the Food and Drugs Act.
However, cigarettes, still the major preventable cause of disease
and death, remain unregulated. When will the Minister of Health
regulate tobacco products by including them under the Food an
Drugs Act as well?
Hon. David Dingwall (Minister of Health, Lib.): Mr. Speaker,
we are all aware on this side of the House of the personal interest of
the hon. member opposite with regard to the regulations I have put
in place under the federal drug act.
With respect to the issue of tobacco, let me be clear. Tobacco is a
very serious health issue. We have a decision of the Supreme Court
of Canada with which we must contend. We are presently in the
process of completing our consultations. We hope to come back to
Parliament fairly soon with a comprehensive package which will
address many of the concerns expressed by the hon. member and by
a variety of interest groups across the country.
* * *
Mr. Alex Shepherd (Durham, Lib.): Mr. Speaker, my question
is for the Minister of Finance.
During the late 1980s small and medium size businesses
watched their credit lines being indiscriminately pulled, often
forcing businesses to close and long term employees to lose their
jobs.
How will the advent of a national banking ombudsman protect
small and medium size businesses and jobs now and in the future?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
the hon. member's question is very pertinent. It forms an important
part of the overall plan to help small and medium size business
create jobs. The industry ombudsman will serve as a final court of
appeal from individual ombudsmen appointed by individual banks.
Businesses must have recourse if they are to be treated fairly.
Small business wants impartiality, objectivity, transparency and
uniformity in the handling of its applications for credit. That is
what small business wants and that is really the system that the
overall ombudsman will ensure small business will have at its
disposal.
* * *
(1500 )
Mr. Jim Hart (Okanagan-Similkameen-Merritt, Ref.):
Mr. Speaker, a point of order. During question period the Minister
3428
of National Defence asked that I table documents regarding an
access to information that I received dated March 15, 1995
regarding the special investigations unit.
I ask for unanimous consent to table the document.
The Speaker: Is there unanimous consent to table the
document?
Some hon. members: Agreed.
_____________________________________________
3428
GOVERNMENT ORDERS
[
English]
The House resumed consideration of the motion that Bill C-24,
an act to amend the Tobacco Products Control Act, be read the
second time and referred to a committee.
The Deputy Speaker: The parliamentary secretary has 26
minutes remaining in his intervention.
Mr. Joseph Volpe (Parliamentary Secretary to Minister of
Health, Lib.): Mr. Speaker, I will try to speak over the din of the
crowd and proceed with the debate on Bill C-24.
Just before question period I was addressing the shared
responsibilities of the stakeholders and all interested parties in the
control of tobacco consumption everywhere. I indicated that some
of the areas involved different levels of government, schools,
parents and smokers. I left off by indicating that the federal
government is committed to providing leadership in this area.
Perhaps I could resume the debate on that theme.
I realize that all members' attention is riveted on the debate. The
government will continue to participate in consultations and to
collaborate with its partners in the national strategy to reduce
tobacco use, along with the provincial and territorial governments
and a wide range of health groups.
Partners in the national strategy recognize that there is no simple
or easy solution to the problem. To be effective, solutions will need
to be multifaceted and will need to be based on collaboration. The
proposed plan of action meets these criteria.
On December 11, 1995, the government tabled Bill C-117 which
was reintroduced in this session as Bill C-24. At that time we tabled
a document entitled ``Tobacco Control-A Blueprint to Protect the
Health of Canadians''. That document sets out the government's
proposed approach to tobacco control in response to the Supreme
Court decision.
The overall objective is clearly stated in the blueprint,
specifically, to reduce tobacco consumption among Canadians and
the adverse health effects that it causes. This objective is supported
by three broad legislative goals.
First, to protect the health of Canadians in light of conclusive
evidence implicating tobacco use in the incidence of numerous
debilitating and fatal diseases.
Second, to protect young people and others to the extent it is
reasonable in a free and democratic society from inducements to
use tobacco products and consequent dependence on them.
Third, to enhance public awareness of the hazards of tobacco use
by ensuring effective communication of pertinent information
about tobacco products and their use. The blueprint document
reflects the government's recognition that because millions of
Canadians are addicted to tobacco products, these products cannot
simply be made illegal and banned from the marketplace.
(1505)
The Supreme Court recognized that a prohibition on the sale or
consumption of tobacco would not be a practical, public policy
option, given the addictive nature of tobacco products. Rather, the
tobacco control measures under consideration must necessarily
focus on reducing the demand for tobacco products.
I can confirm that there is a consensus in the health community
that, given the addictive nature of nicotine, it is better to
concentrate our efforts on preventing experimentation and uptake
rather than try to overcome that addiction. Because very few people
start to smoke after their teenage years, tobacco control efforts
must focus on dissuading youth from experimenting.
The recent data that shows increases in youth smoking, as my
colleague opposite wanted to indicate earlier, in various regions of
Canada lend urgency to the development of a legislative response.
Since the advertising and promotion of tobacco products
influence not only brand choice but also the perceptions of the
products and the disposition to using the product, there is clear
need to counter the effective advertising and promotion that results
in experimentation and addiction among youth who appear to be
especially susceptible to product advertising and promotion.
Furthermore, because the demand for tobacco products is
influenced by other marketing activities like retail merchandising,
packaging, product design, these areas must also be addressed in
order to achieve the stated health goals.
The complex social, economic and health issues surrounding
tobacco use suggest the need for a comprehensive, mutually
reinforcing set of strategies. It is important to ensure that any
legislative initiative be consistent with and complementary to the
ongoing public education and awareness programs that are part of
the larger federal strategy as well as the broad policy thrusts in
other areas of federal activity.
3429
Similarly, the development and implementation of a
comprehensive strategy must be consistent with related
municipal-provincial-territorial activities and legislation. The
tobacco control blueprint outlines a comprehensive set of
measures that would establish the conditions and requirements
under which tobacco products would be manufactured, sold and
marketed in Canada.
The measures under consideration include, first, the most
comprehensive restrictions possible on advertising. The
government is committed to providing the necessary information to
support the most comprehensive prohibition on advertising
possible, always taking into account the guidance of the Supreme
Court and our concerns for protecting youth from the inducements
to smoke. Second, it would include restrictions on other
promotional activities, and third, a comprehensive set of ground
rules for sponsorship promotion. I see that my colleague from
Haldimand-Norfolk is in complete agreement.
I want to make it clear that the government is not proposing to
ban the sponsorship of cultural and support groups and
philanthropic activities by tobacco companies, quite the contrary.
Such companies can and should support cultural and sporting
events that they consider to be worthwhile. What the government
objects to is sponsorship promotion of tobacco products and their
use.
(1510 )
The measures set out in the blueprint document for sponsorship
promotion include, among others, prohibiting the use of brand
names and logos on non-tobacco items associated with an event or
activity, prohibiting the incorporation of brands names or logos
into the name of a sponsored activity or event, prohibiting
testimonials and personal endorsements, and requiring health
messages on all sponsorship advertising and signs.
The blueprint document also proposes to further reduce the
likelihood of easy access to tobacco products by minors by
eliminating self-service tobacco product displays and mail order
sales. It proposes to restrict point of sale promotional activities,
such as in-store advertising, promotion and product display. It also
proposes to require additional new packaging and labelling
requirements that would control package information and prohibit
false and misleading claims on that packaging. Finally, it proposes
to expand reporting requirements for tobacco manufacturers,
distributors and importers to regulate tobacco products, their
constituents and tobacco smoke emissions.
I might emphasize that consultation is continuing with interested
parties on the impact of the blueprint measures on the health of
Canadians and tobacco and collateral industries supported by
tobacco funding.
This legislation, together with the research and public education
components of the tobacco demand reduction strategy, will
strengthen efforts to counter the ill-effects of tobacco consumption
in Canada.
Given the unique problems associated with tobacco use, the
government is developing tobacco specific legislation which will
again make Canada a leader in the battle against the health effects
of tobacco consumption. The bill before the House today is the
government's first legislative response aimed at redressing the
legal problems identified by the Supreme Court's ruling. It is the
important first step in the overall action plan.
The amendments to the Tobacco Products Control Act in Bill
C-24 are straightforward and vital to the health goals. Through Bill
C-24 the government is reinstating the requirement to display
health messages on tobacco products and in accordance with the
direction of the Supreme Court of Canada, is giving the tobacco
companies the option of attributing health messages on tobacco
packaging to Health Canada.
We know from studies conducted by the Department of Health
that despite an awareness of the general health affects of tobacco
use, Canadians lack knowledge about the specific health
consequences of that tobacco use. Knowledge about specific health
consequences is important because it may result in a better
appreciation of the harmful affects of smoking.
I acknowledge that the Canadian Tobacco Manufacturers
Council released a voluntary packaging and advertising code in
December 1995 that continues to use health messages with an
attribution to Health Canada although in a different format than
that set out in the regulations that were made inoperative by the
decision of the Supreme Court of Canada.
Tobacco companies want to return to the format of the health
messages that were used prior to 1994 before it was improved to
make messages more visible and readable. The code requires that
health messages be on advertisements. Despite that, within days of
the release of that code, advertisements without health warnings,
whose art work and designs were obviously targeted to youth, were
placed within 200 metres of schools, violating the code. That code
is both insufficient and unenforceable. Its pre-clearance and review
processes are not subject to public scrutiny. It does not impose any
sanctions on those who fail to comply with it. It is clear that public,
transparent and forcible regulatory controls are required if we are
to meet our health goals. That is what Bill C-24 begins to put in
place.
(1515)
What Canadians need is a legislative framework that will control
the manufacture, sale and marketing of tobacco products in this
country. They need legislative measures to protect youth from
3430
inducements to using tobacco products. This government intends
to provide Canadians with that framework.
Bill C-24 is a vital first step toward a safer and healthier country
for all Canadians. I am sure all colleagues on both sides of the
House will join with me in supporting the amendments listed under
Bill C-24. I thank you for your attention and support.
The Deputy Speaker: Just a word of clarification. The Chair
does not support any speaker. The Chair supports all speakers, none
in particular.
Mr. Volpe: Mr. Speaker, knowing the rules of the House as I do,
I did not want to implicate the Speaker in any of the urgings for
support. I used the English generic ``you'' which applies to all
members in the House who have the right to vote.
Mr. Grant Hill (Macleod, Ref.): Mr. Speaker, I listened
carefully to the parliamentary secretary's comments on tobacco.
We share some opinions on this subject.
Going back to my training in medical school, the very first
patient assigned to me was a fellow in a veterans hospital. They
would not turn us loose on just anyone and I was turned loose on
this wonderful fellow who had emphysema. He and I became fairly
close. I spent lots of time with him and even went in on the
weekends to talk with him. He had been a heavy smoker and really
had that disease directly as a result of tobacco.
As we became closer and related one to the other, it was obvious
he was coming close to death. During his last few lucid moments
he said to me: ``Do not let the kids start to smoke''. I will never
forget that. It had an impact on me throughout my medical career.
I look at legislation and the efforts of the government in that
light. What will those efforts do in relation to keeping the kids from
smoking? Looking back at the record on smoking in Canada we see
it is pretty good. The prevalence of smoking has been going down
for about the past 25 years. It has been dropping at a nice steady
rate. Almost 50 per cent of Canada's population used to smoke and
it is now down to pretty close to 30 per cent.
However, that nice smooth flow downward has had a tick
upward. The tick upward can be directly related to a change in
tobacco prices in Canada. I know the price was changed to try to
cut down on smuggling. However, the price sensitivity for our
youth caused them to smoke more. In one year, we lost five years of
a drop in smoking prevalence. That is a record which I do not think
my colleague across the way should be proud of. It is one he should
hang his head on. I hope he can right that loss of five years of
prevalence drop we had in one year.
(1520 )
Bill C-24 is designed to bring back the labelling that could have
been lost with the change in the judicial action on the Tobacco
Products Control Act. This bill is a status quo bill except that the
warnings will be attributed, if the tobacco companies agree, to
Health Canada.
What about the blueprint? The blueprint was presented to the
Canadian public with a significant amount of fanfare. The previous
health minister, not so long ago in December last year held a major
press conference wherein she announced the blueprint. I remember
well she said: ``I have new information that will withstand any
court challenge, new information that will prove that advertising of
tobacco products really is bad news''.
I thought that was great. I wrote to the health minister literally
that week asking for the new data. If I remember the words that I
used, I said that I would like to become a slobbering supporter of
the blueprint. Possibly my choice of words was a little flippant but
what I wanted to say was that I would love to be an enthusiastic
supporter of the blueprint.
Nothing came. There was no reply. I could understand if the
minister had said that she did not want this information to be used
for political purposes and that she would release it at the
appropriate time. I can understand the minister saying that it was in
process, but I did not get a response.
The new minister came along. I sent the new minister my
congratulatory letter. It is polite in Parliament to write a letter to
the new minister. I said: ``Congratulations for your new
responsibilities. I hope we will have a long and productive life
together and an interesting interchange. Please could you provide
me with the new data that was suggested at the press conference,
this exciting new data that will withstand a court challenge? I want
to be an enthusiastic supporter of the blueprint''.
I did get a response, after about three months. It was not
immediate. I did not get the reaction I had hoped, but I did get a
personal response from the minister who said: ``We can meet
together possibly in late June to go over the data so that you can
understand. This is complex.'' At least there has been some
response.
I read in press reports today that there is some problem with the
blueprint while the government is finishing its homework. I am
puzzled by this. Usually when there is a major press conference,
usually when there is a big time announcement, usually they have
done their homework first. The current minister said: ``It would be
foolhardy to move forward without having done our homework.
Unfortunately it was not done when I arrived''.
I am puzzled. This is a government with massive resources, a
government with research capabilities par excellence. I have gone
into the data and cannot and have not yet found the information that
was promised to me. I have done my own research. I do not have
those huge research capabilities. I wonder, going back to that press
3431
conference, was the homework really done or was it an
announcement to make someone look better?
The parliamentary secretary has eloquently talked about the
health warnings, the addictive nature of smoking, the health
problems and that it is highly complex. I wrote these words down
as he was going through his address. There is a powerful lobby of
printers, artists, the tobacco companies and the health interests.
There are big bucks involved and lots of money involved with
taxes. Indeed it is a complex subject. Still on tobacco products in
Canada we warn of the health risks.
(1525 )
I am also puzzled because recently Bill C-222, by the member
for Mississauga South, was before the health committee. This bill
was also about health warnings, different warnings on booze, on
alcohol. I could go through the list of issues that are related to
tobacco and apply them to alcohol: addictive nature, health
problems, highly complex, powerful lobby, big bucks. I think those
things fit with the alcohol industry.
The member for Mississauga South put forth compelling
evidence that fetal alcohol syndrome where there is an innocent
bystander could well be affected by health warnings, yet the health
warnings were scrubbed on alcohol. The previous minister in this
case was strongly supportive. I do not know if the present minister
caved in to pressures outside the health interests. I can only
presume that. In the press release that came from the department
the principle of this bill was supported but the mechanism was
uncertain. It is a subtle change in wording but I am not convinced.
If labels work for smokes, labels should work for booze.
If Bill C-24 passes intellectual scrutiny as the parliamentary
secretary so eloquently stated, then Bill C-222 concerning warning
labels on alcohol in reference to fetal alcohol syndrome should
also. I ask my colleagues across the way, where is the consistency?
Hon. Hedy Fry (Secretary of State (Multiculturalism)(Status
of Women), Lib.): Mr. Speaker, it is a pleasure for me as the
member of Parliament for Vancouver Centre and as a physician to
speak in support of Bill C-24.
Members have heard the hon. parliamentary secretary speak
about the details of the bill. On the surface it might seem the bill is
just about labelling and information but it is more than that. This
bill is more than simple words on a piece of paper or on a bit of
cardboard. It is about what those words say. It is about what those
words mean and how important those words are to the user of this
product.
What those words describe is what I want to discuss during my
time in this debate. Let me start with a short list: carbon monoxide,
lead, hydrogen cyanide, benzene, arsenic. These are all deadly
components. Each one of them can kill. They are just five of the
more than 4,000 chemical compounds scientists have found in
tobacco smoke. They are just five of the compounds that contribute
to the over 40,000 deaths a year caused by tobacco use.
How do these Canadians die? They die of lung cancer, bladder
cancer, heart disease, aneurysms, pneumonia, emphysema, sudden
infant death syndrome and fire. There are over 22 diseases
associated with smoking and the effects of smoking know no age
barrier. Health Canada estimates that the dangers of low birth
weight and chronic respiratory illness show that smoking affects
the fetus in utero. About 200 infants under the age of one died in
1991 as a result of exposure to tobacco smoke, secondhand smoke.
Death from cancer is no surprise because tobacco smoke contains
more than 50 known carcinogens. Lung cancer has now overtaken
breast cancer as the number one cause of death among women.
The health impact goes further. Scientists have discovered that
other chemical compounds found in tobacco smoke actually cause
permanent changes to the genetic material of living cells and hence
to the fetus. These compounds come from a variety of sources.
About half of these compounds appear naturally in green tobacco
leaves. The other half comes from the chemical reactions that come
from combustion. Some compounds are produced as part of the
curing of tobacco.
(1530)
Smokers may not realize that when they look at the smoke
curling up from their cigarettes what they see constitutes less than
10 per cent of the output of that cigarette. What they do not see is
more frightening, the gases and even liquids produced by the
burning tobacco and the paper.
We need to tell Canadians about the impact of these toxic
compounds on their bodies. We need to tell them about the carbon
monoxide produced when tobacco burns, this colourless, odourless
gas that kills because it starves the body of oxygen.
A cigarette is an incinerator producing hundreds of chemicals,
including tar, cancer causing tar, as it should be rightly known. We
need to tell Canadians that cancer causing tar in tobacco products
contains hundreds of chemicals, some of which are actually
hazardous waste. We need to inform Canadians their bodies are not
and should not be toxic waste dumps.
The list of toxic constituents in cigarettes goes on and on. We
need to tell Canadians about ammonia. It may be great for
household training but it could increase the odds of getting viral
illness, and so it does with smokers. It can aggravate chronic
respiratory conditions in both a smoker and those around a smoker
breathing in that second hand smoke.
3432
We need to tell Canadians about hydrogen cyanide. This is
among the most toxic of the components in the witch's brew that
comes out of tobacco smoke. Short term exposure to hydrogen
cyanide can lead to headaches, dizziness, nausea and vomiting,
and yet we continue to do this in small amounts every day when
we smoke cigarettes.
We need to tell Canadians about lead. We know how much
governments have tried to cut lead emissions because of the harm
they can cause children. Lead is found in tobacco smoke to which
children are exposed. As we have made laws and regulations as
governments to get rid of lead in the environment, lesser known
sources of lead become very important. One of these sources is
cigarettes.
Not only smokers but children living with smokers have shown
to have elevated blood levels. Canadian children are being exposed
daily to a substance that has been linked to sudden infant death
syndrome, low birth weight, birth defects, allergies, learning
problems, chronic respiratory disease and adult asthma.
The information we now have on the toxic constituents of
tobacco products is the result of a generation of research. We are
learning every day more and more about the hazardous effects of
this product. Research projects funded by the tobacco demand
reduction strategy, which examined the trends over the last 25
years of the nicotine content of cigarettes and in tobacco smoke
using cigarette samples that have been collected and stored over the
past two decades, have shown us that between 1968 and 1989 the
level of nicotine in tobacco used in cigarettes has increased by 53
per cent. The average amount of tobacco used in each cigarette has
decreased by 14 per cent. The level of nicotine in tobacco smoke
fluctuated significantly at several points during the study period.
Other trends in the marketing of tobacco products have affected
the level of exposure of smokers to other toxic substances. The
cigarette filter was the first of these trends. Some of my hon.
colleagues may remember a time when most cigarettes were
unfiltered. It was hardly surprising that most people found them
harsh and hard on the throat. Filters have been introduced, some
with flavours such as menthol. However, we must not forget that
tobacco smoke is harsh. It is a chemical soup that is bad for
everyone.
Another important trend in the growth of tobacco products is the
so-called light or low yield cigarettes which reduce the amount of
smoke inhaled by smokers. On the surface this would seem to be a
terrific thing. The less smokers inhale, obviously the lower the risk.
It is not that simple. These light cigarettes may encourage people to
keep smoking and even to smoke more. They can appear to be
healthier than other tobacco products. By picking up any American
magazine we can see that light cigarettes are marketed in a manner
that creates the appearance the manufacturer is trying to address
the concerns of smokers about health issues and to reach out to
women. The recent books, articles and exposés about tobacco
marketing point this out again and again, and yet this attempt to
confuse the facts continues to this day.
The survey of smoking in Canada funded by the Health Canada
tobacco demand reduction strategy shows that smokers make
certain assumptions about a cigarette that is labelled as light. The
survey of smoking in Canada found that slightly less than 35 per
cent of Canadian smokers assumed that light means less tar. About
45 per cent believed that light means less nicotine. They may be
right in some cases but they may not be in others. If there is any
reduction it is marginal at best.
(1535)
Smoking a light or mild cigarette is like jumping off a 20 storey
building instead of a 30 storey building. The result is the same.
Light and mild are just marketing subjective terms referring to
taste and aroma and have no real meaning at all from a health
perspective.
The perception that mild cigarettes may be safer points out an
important issue in the debate. How should we regulate tobacco
products so they can say what they mean so the user is fully and
objectively informed of the product itself?
Some people have suggested we should bring in legislation that
limits tobacco to certain amounts of tar and nicotine. In effect they
want us to enforce a certain degree of lightness for all tobacco
products. Research into smoking behaviour suggests regulating the
lightness of cigarettes might have the opposite effect. It can lull
smokers into believing they can take comfort from the fact that
each cigarette would have a lower quantity of the bad stuff in it,
they can smoke more and be no worse off than they are now. Some
people might even take up smoking under the mistaken and
potentially tragic belief it was now safe to do so because the
cigarette is so light.
A variety of methods will be needed if we as a society are to
understand and address the reasons so many people smoke. We
need to appreciate that people smoke for reasons that appear to be
rooted in psychological and socio-environmental factors, as well as
the physiological addiction to nicotine.
However, product and outcome information is an important
element in helping smokers stop smoking. That is the point of Bill
C-24. Information is not always enough. It is only one part of a
comprehensive public health approach to smoking cessation. It
does and has helped many Canadians give up tobacco and deterred
young Canadians from starting to smoke. Information will continue
to help Canadians to understand the facts about tobacco disease.
Understanding what they are smoking and what they are putting
into their mouths is very important in understanding how it can
harm them.
3433
If the health warnings the bill makes possible encourage even
a few people a day to follow through and quit smoking, they are
achieving their purposes. We will do more research and gather
more evidence about the impact of tobacco smoke on the human
body. As we do this we can use the mechanisms set up in Bill
C-24 in our warnings against users to improve and increase the
kind of information on the packages. This bill is only the start.
Under the blueprint for tobacco control the government has
indicated a number of measures and approaches within a
comprehensive strategy which are worth considering. Do not
forget, looking at tobacco cessation is part of a general public
health strategy. Public health strategies deal with prevention,
education, awareness, information, treatment of disease,
rehabilitation from the disease. This is part of a major
comprehensive strategy to look at the use of tobacco. The toxic
constituents of tobacco smoke will therefore continue to be part of
that information arsenal we must employ.
I know members will say the information may seem like the
same old message. It is not. Health researchers have learned more
and more about tobacco since the first time we put messages on the
tobacco packages. We know far more about smoking and what it
does to our health. We can now confirm that smoking is bad for the
smoker but, even worse, smoking is just as bad for the non-smoker.
It is very important to note that 350 non-smoking Canadians a
year die due to diseases caused by second hand smoke. Every year
over 40,000 Canadians, over 3 million smokers in the world, die as
a result of tobacco smoking; 5,000 people a year in my province of
British Columbia alone die as a result of smoking. We see all the
morbidity and the disease which cost the health care substantial
amounts as people are smoking more and more.
(1540 )
Getting that information to the smoker and the non-smoker, the
lethal negative issues of this product, is extremely important. One
of the ways we can do it is through health warnings on cigarette
packages. This would be a step in the right direction. Placing labels
on and inserts in cigarette packages is an important public health
initiative. It is an important part of education and prevention
strategies. I urge all hon. members to support the bill and to help
prevent the most preventable cause of death and disease in the
world.
Mr. Keith Martin (Esquimalt-Juan de Fuca, Ref.): Mr.
Speaker, I compliment the hon. member for her fine speech.
Factually she is certainly correct. Being a physician, she
understands very clearly, personally and scientifically the impact
of smoking.
However, I find it absolutely absurd that the government, after
15 years of seeing a decrease in consumption in the country, has
entertained legislative proposals that have destroyed the last 15
years of our fight against smoking.
The tobacco tax rollback was the single most important negative
piece of legislation that has ever been done in the last 50 years
against the health and welfare of Canadians.
The hon. member, a physician, was there as the Parliamentary
Secretary to the Minister of Health at that time. I ask her how she
can reconcile her obvious passionate knowledge that smoking is
disastrous for people's health with the fact she supported the
tobacco tax rollback.
Ms. Fry: Mr. Speaker, I think that is an excellent question and I
thank the hon. member for asking it.
Before I came here, as a physician I was passionate about
smoking cessation and anti-smoking legislation and used every
single tool in the arsenal I could think of to stop smoking.
What is interesting is that I saw this from the perspective of a
physician. When I came to the House of Commons I realized there
are many perspectives to legislation and to things we do as a
government and as politicians. I realized what we had done by
increasing our tobacco taxes to the extent that what we now had
was a prohibition versus what was happening in the United States,
was we were having the smuggling of cigarettes and young people
were beginning to smoke not only because cigarettes were cheap
but because they were now smoking something that was exciting. It
was a smuggled product, something they should not be using. This
presented a totally different perspective and point of view to the
whole issue.
We have to try in everything we do to balance effects and
counterbalance negative effects. It is like when we push something
on one side, we give on the other side. Every action has an equal
and opposite reaction. Balancing those actions in the best interest
of the health of Canadians is what we were talking about when we
looked at bringing down the tobacco taxes.
However, something very important, which the hon. member did
not mention, is that it was the first time a country had slapped a
health tax on a manufacturer and put the money back into health.
That was one of the things I fought for as well before I came here.
Mr. Ian McClelland (Edmonton Southwest, Ref.): Mr.
Speaker, I have listened to about an hour's worth of absolute
balderdash, which is the nicest word I can use, coming from the
opposite benches defending the indefensible. It is absolutely
shameless. What can we do to shame these people? How do we go
about doing it? I think it is impossible. What could be beyond it?
After this Parliament commenced in the fall of 1993 we had,as members will recall, great lawlessness in the smuggling of
tobacco. What does the government do? Does it say ``wait a
3434
minute, you cannot be breaking the law here, folks, and you will
obey the law from coast to coast''? Because the government could
not enforce it, it gave in to it. It reduced the price 50 per cent or
more for a package of cigarettes. That broke the back of smuggling
but I will tell you what it also did. Does any member opposite have
any idea of the notion of price elasticity? The lower the price, the
higher the demand. The higher price, the lower the demand. It is a
law of marketing. It is there. It is a fact. It is irrefutable.
(1545)
What did the government opposite do? It lowered the price.
What happened? Demand went up. Then what did it do? It said on
its holiest of holy grails: ``We are going to change the packaging''.
Did that happen? No.
Then the government said it was going to gradually increase the
price over the next couple of years. Did that happen? No. Prices
stayed where they were. The federal government, through the
Supreme Court, not only has the right, it has the responsibility to
legislate advertising standards around the tobacco issue.
Do members remember when tobacco companies, through a
Supreme Court ruling, were allowed to advertise? The Supreme
Court said it was up to the federal government to write legislation
that would prevent it. It is not up to the Supreme Court to interpret
legislation in a manner that prevents it.
Where in this legislation about preventing tobacco advertising in
a manner that will affect the most vulnerable which are, of course,
children? Please show me where word one is in restricting tobacco
advertising that could be used to influence children.
I recognize that the member opposite, the Secretary of State
(Multiculturalism)(Status of Women) for Vancouver Centre,
herself a medical doctor, understands and appreciates the necessity
of reducing smoking. I am not suggesting for a moment that
members opposite do not understand or appreciate it. I am saying
that if they are going to be apologists for the tobacco industry, at
least do it honestly and say there is nothing they can do about it.
It is the hypocrisy of this that just drives me crazy. To listen to
the members opposite talking about how bad cigarette advertising
and tobacco are for the health of Canadians and do absolutely
nothing about it is just beyond the pale.
Ms. Fry: Mr. Speaker, this is an interesting statement made by
the hon. member. I do not know if he has been present for the last
two and a half years around this place or not.
If the hon. member would recall when the tax on tobacco was
lowered, not by 50 per cent I might add, some other comprehensive
things were done to mitigate that. There was a health tax. It was the
first time any country in the world put on a health tax on tobacco.
Mr. McClelland: How much are cigarettes outside of here?
Ms. Fry: Let me answer your question. If the hon. member
would allow me to answer he might learn something.
The government increased the tobacco health tax that went
straight into health funding. That has been something for which
anti-smoking advocates have asked for a long long time. We were
the first people to do it.
Legislation was also brought in that dealt with banning kiddy
packs. Other legislation in effect banned the use of tobacco in
vending machines so that tobacco was brought almost alongside
alcohol in terms of where it could be bought. It cannot be sold
anywhere unless the person is not a minor. So it would only be in
bars where you cannot go until you are over 19.
The age limit was increased for people bringing tobacco into the
country. All of that was brought in when we brought in this
legislation. It is a comprehensive set of strategies. It is interesting
that we would only talk about this issue.
Banning the advertising of cigarettes is something that Canada
took the lead in. These are things that have been questioned by the
tobacco industry. One of the things that we now know is that when
we talked about sponsorship in terms of advertising we said that
tobacco companies could not promote and sponsor tobacco because
of course of the Supreme Court rulings. They could do it only as a
corporate entity. The tobacco companies changed their corporate
logo to their tobacco logo and got around that legislation.
(1550 )
This is something that we have been moving forward on for
years as a country. Every time we move forward, something comes
up to block us in terms of legislation and the Supreme Court.
We continue to keep struggling to move forward on this issue
because of legalities. The will is there. The political will has been
shown. There are legalities that we constantly have to move
around. There is research that we are doing to help us to do this.
Mr. Keith Martin (Esquimalt-Juan de Fuca, Ref.): Mr.
Speaker, this debate would be funny if it was not so tragic. I cannot
believe the comments that have been made by members across the
way which, to my mind, are absolute, sheer hypocrisy.
They are irreconcilable. On one hand, they say that they believe
that smoking is bad for people, that it is going to kill people and
that they are committed to preventing, as the Minister of Health of
the day said, even one youth from smoking. On the other hand they
3435
bring in legislation that is the most important factor in promoting
smoking among youth. They are irreconcilable.
I understand what was going on at the time of the tobacco
rollback. I understand that smuggling was a problem, but that was
not the solution. I will get back to that later.
Reform members support Bill C-24 because it does something
toward promoting education concerning this lethal product. This is
very little compared to the larger picture. When we go to sleep
tonight, 123 people will have died in this country. Over the course
of the year, some 40,000 Canadians will die of cigarette related
illnesses. It is the single most important preventable cause of death
and illness in this country today.
The legislation put forward by the government over the last two
years has done nothing but increase that. The small measures that it
has taken really beats around the bushes, around the outside.
The profound effects that it has had have committed some
40,000 to 60,000 youth to date to smoking. Half of them will die at
least 10 to 15 years earlier than what they should have died. If there
is one shameful legacy that the government has, this has to be it. I
am embarrassed to say that I was part of the Parliament while this
took place.
We welcome again Bill C-24, particularly in view of the
overturning by the Supreme Court of the ban on tobacco
advertising, an unbelievably myopic and absurd decision by the
highest court in the country. It is unbelievable to me how justices
could consciously do that, understanding full well the impact on
the health of Canadians and as my colleague mentioned,
particularly on the health of youth.
The other action, the tobacco tax rollback I mentioned, was done
because of the smuggling that was taking place. There is no doubt
that we had to do something to address that problem.
Reform members presented to the government an alternative
solution that would not have entailed a decrease in cost. Members
know that cost is the single most important determining factor in
cigarette smoking, particularly among youth. Our proposal was to
put an export tax on cigarettes. Why do we know this works? It is
because in 1992 the Conservative government of the day had a
similar problem with smuggling and it put on an export tax of $8 a
carton.
Within six weeks, the amount of smuggling went down
dramatically, in the order of 60 per cent. What did the Conservative
government of the day do? It removed the export tax. Why did it do
that? The tobacco companies threatened to leave the country. The
tax was working but the government failed. That is why there was a
rollback in the taxes. That is why today cartons of cigarettes cost 50
per cent less than they did when we were elected two years ago. At
that time cartons of cigarettes in Ontario cost $50, today they cost
$25. What do people do? They smoke more. We do not need a
tobacco reduction strategy to tell us that. We just need to walk into
a store to see that or speak to the youth on the street.
(1555)
Our alternative was to remove the tobacco tax rollback, bring the
cost of cigarettes back to where they were, put the $8 export tax on
cartons and enforce the law. At the time the smuggling was taking
place, the police officers in the area were told to turn a blind eye.
The government did not want to confront the smugglers,
particularly because a lot of the smuggling was taking place on
aboriginal land in the Kahnawake and Kanesatake reserves. It did
not want to start up another Oka.
We have one law in this country and that law must be applied
equally to all of the people who live inside Canada. It was not done
deliberately.
The government should bring the export tax back, bring the costs
back to where they were for tobacco, and enforce the law. We
would not have a smuggling problem and the increase in
consumption that we have today. In fact we would see a decrease in
consumption.
The cost of the tobacco rollback has not been minor. The costs
will be an increase in deaths, in morbidity and a decrease in gross
domestic product, because people fall sick after smoking. These
are hidden costs that the government is not taking into
consideration and it is not informing the Canadian public.
The costs in my province of British Columbia are in the order of
hundreds of millions of dollars in losses in gross domestic product.
The cost in health care across the country is estimated to be in the
tens of billions of dollars.
That is what the government has done to save face with the
tobacco companies. That is really what all this is about. It is trying
to do something without disturbing the tobacco companies, the
purveyors of these products of death, mayhem, sadness, sickness
and untold human suffering.
I challenge the members across the way who voted for that. I
know many of them know people in their own families who have
died of smoking related illnesses. I ask them to put themselves
again in that mindset and think what would happen if their children
too were going to suffer from those same terrible diseases.
The increasing consumption, particularly among the young, has
been enormous. Just in the last couple of years it has gone from 21
per cent up to 30 per cent. It is going to continue to rise.
I put forward a private member's motion shortly after the
tobacco tax rollback took place. The motion dealt with the rollback.
Did the Standing Committee on Procedure and House Affairs make
this a votable motion? No, it did not. It did not want the
3436
overnment to be embarrassed over this issue. Sadly, my private
member's motion asking for the tobacco tax to be put back on died
on the Order Paper. I challenge the government once again to bring
back those taxes.
Second, members across the way have proudly talked about the
tobacco demand reduction strategy. What did this government do?
It cut the funding for it. I would like to know from government
members what has happened to the tobacco demand reduction
strategy.
When people are trying to educate youth about tobacco, do they
not tell them that they were going to die of lung cancer or that they
were going to suffer from emphysema or chronic constructive lung
disease? We have to argue on the basis of narcissism, believe it not,
and tell them that their breath is going to smell foul, that it is lousy
for their dating and their personal lives, that their skin is going to
become sallow and that physically they are not going to look as
good as they did before. Then we will have an effect on them. To
tell them about all the terrible diseases they will get simply will not
work because they have a sense, as we know, of immortality at that
age.
(1600)
As I mentioned, the supreme court decision shot down the ban on
advertising on tobacco. That happened eight months ago. The
government has had eight months to do something about it but has
done absolutely nothing, although it promised it would. If that is
how long it takes, the minister and the ministry of health should be
ashamed of themselves.
It is absurd when we think about what this ban means. It means
we can advertise for Rothmans, we can advertise for Craven As, we
can advertise for Camels, but we are forbidden to advertise for the
Nicoderm patches used to prevent people from smoking. That is the
absurd situation we have today.
I have some solutions. Put tobacco in the Food and Drugs Act.
This would give the government regulatory authority over tobacco.
It would enable it to put standards on product quality, composition,
packaging, sale and advertising. It would empower it to do what it
has failed to do over the last three years. It is particularly important
because a few years ago tobacco companies were found to be
spiking cigarettes with nicotine in order to increase their addictive
potential. This would prevent that in Canada. It would not require a
legislative change either.
Put back the export tax. Enforce the laws against smuggling.
Bring back the legislative ban on cigarette advertising. Increase
education for children.
We need to get back to basics. We have a health care crisis in
Canada today, the increase in consumption of cigarettes
particularly among youth. The Liberal government and the
previous Conservative government caved in to pressure from the
cigarette companies.
Solutions exist to balance out the needs of the government to
stop smuggling, which has to be done, while enabling us to
preserve the health and welfare of Canadians and prevent the
sickness, the tragedy, the mortality and the morbidity that will
affect Canadians.
I ask every member in the House who has children to look at
their children carefully when they go home tonight and ask
themselves if they want to compromise their children's lives. Do
they want to compromise their children and their friends' lives by
allowing the embarrassing situation we have today with the
tobacco tax rollback?
If the government is truly committed to preventing cigarette
consumption, the single most important thing it can do is increase
the cost of cigarettes to Canadians. By doing this it will decrease
consumption and improve the health and welfare of all Canadians.
It will be the single most important legacy for the health and
welfare of Canadians.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, the
member, the Secretary of State for Multiculturalism, the
parliamentary secretary and other speakers have clearly laid out the
public health issue related to tobacco. I do not think there is much
disagreement as to the priority and importance of dealing with it.
We also know there are some things going on among
parliamentarians and the courts, the supreme court. There have
been studies with regard to changing labelling and plain packaging,
supreme court decisions on the advertising permissibility and
actions by lobbyists. This is an area of particular interest to me as a
result of the experience I had with labelling containers of alcoholic
beverages.
(1605)
The member has raised some good points in terms of additional
strategy. However, Bill C-24 gives the distributor of the tobacco
product the option of attributing the health messages on the product
to an entity specified in the regulations, in part.
I simply ask the member, notwithstanding this in itself is not a
comprehensive strategy, whether he would agree that attributing
the health warning message on the packages of cigarettes to a body
such as Health Canada or the Parliament of Canada or the
Government of Canada would not enhance the credibility of the
message, simply by sourcing it to some reference body. That it is a
positive step, although I am sure not the conclusive solution the
member would like to see.
Would he not agree that is probably still a positive step which
should be supported?
3437
Mr. Martin (Esquimalt-de Fuca): Mr. Speaker, the question
is do we want to look good or do we want to do good?
Bill C-24 is a welcome addition. However, do we beat around the
bush on this issue or do we cut to the chase and get to what really
counts? When we are weighing legislative initiatives, there is no
proof plain packaging works. Do we deal with legislative
initiatives which will have little or no effect or should we be
dealing with something which will have a profound effect?
The number one, most important factor in tobacco consumption,
which is what we are addressing, is cost. The cost factor is most
important for youth, less important for adults, but nonetheless
important in both areas.
The elasticity of price and demand is so important that it
overshadows virtually every other initiative the government can
take.
To answer the hon. member, we certainly support Bill C-24 but
for heaven's sake, deal with the big issues. Bring back the tobacco
taxes to what they were before and raise the cost of cigarettes to
where it was two years ago and then we will truly have a profound
effect on consumption in Canada, which is what all members what
to see.
Mr. Joseph Volpe (Parliamentary Secretary to Minister of
Health, Lib.): Mr. Speaker, like others in the room, I compliment
all members who have as the base of their interventions the
altruistic and sincere desire to ensure the health of all Canadians is
safeguarded.
The member does a great discredit to the initiatives the
government has taken over the last couple of years, specifically the
question of the tobacco tax he referred to on a couple of occasions.
That was not an isolated initiative. He pointed out this is a complex
problem that requires a comprehensive approach. Much of what he
addressed is already in place and not working.
Export controls and taxes were causing problems in many places
in Canada and had to be addressed as well. He is conveniently
putting to one side the fact that other initiatives were put forward
by the government to specifically address consumption of tobacco
products by young people. It is very easy to put them to one side
and pretend they do not exist. The government initiatives are in
place and they are working.
(1610 )
Finally, it is important as well to appreciate that in the context of
some of those initiatives it was a supreme court decision that did
away with some of the initiatives which were already in place.
If the member opposite is impatient because the appropriate
legislation has yet to be presented before the House, it is only
because the government wants to make sure the legislation, when it
is presented, will withstand the challenges that will surely come
forward from interested parties.
If he is as sincere as he has demonstrated in the House, he would
encourage the Minister of Health and all his colleagues in cabinet
to ensure the safeguards are in place and that all the checks and
balances are looked at carefully so that we not repeat the scenario
which we saw in the supreme court some eight months ago.
The member is correct to bring these issues forward in the
House, but let him make an acknowledgement that Bill C-24 is a
very important and good first step. He can bring his suggestions
forward when the legislation goes to committee.
Mr. Martin (Esquimalt-Juan de Fuca): Mr. Speaker, I
brought these ideas forward two years ago.
We support Bill C-24 as a first step. However, I take issue with
the hon. member when he said the initiatives of the government
have worked.
As we have mentioned before in the House, tobacco
consumption among youth has increased dramatically since the
tobacco tax rollback. Statistics from the ministry of health showed
conclusively six months after the tobacco tax rollback that
consumption by youth was increasing alarmingly. That proves the
tobacco tax rollback has had a terrible effect on consumption by
youth.
I will acknowledge that the hon. member was correct when he
said that previous initiatives did work. In the 15 years before May
of 1994 tobacco consumption had been progressively decreasing.
However, as soon as the tobacco tax rollback took place
consumption skyrocketed. They are directly related.
While I say Bill C-24 is a welcome initiative, why is the
government pursuing little initiatives which are to have little
effect? Why does it not pursue the big issues and the big initiatives
which will have a big effect on the health of Canadians? As we
stand here and pussy foot around the issue, every single day more
youth are taking up smoking and more people are consuming of
this lethal product.
Tomorrow if the government wishes, it could bring back those
tobacco taxes. It would not find disagreement in the House. Also, it
should put tobacco in the Food and Drugs Act. Then the
government would have the legislative ability to do the things it
ought to be doing.
The Deputy Speaker: Is the House ready for the question?
Some hon. members: Question.
The Deputy Speaker: Is it the pleasure of the House to adopt the
motion?
Some hon. members: Agreed.
Some hon. members: On division.
3438
(Motion agreed to, bill read the second time and referred to a
committee.)
* * *
[
Translation]
Hon. Lucienne Robillard (Minister of Citizenship and
Immigration and Acting Minister of Canadian Heritage, Lib.)
moved that Bill C-32, an act to amend the Copyright Act be read
the second time and sent to committee.
She said: Mr. Speaker, the reform of the Copyright Act, which
has been on the agenda for more than ten years, has now become a
necessity. It is crucial that our legislation conforms to reality so
that we can prepare the way to the future.
(1615)
The amendments that the government is proposing today will put
our cultural industries on the same wavelength as the other
industrialized countries of the West and the G7 countries. They will
enable us to better meet the challenges presented by the new
distribution technologies.
These amendments are the expression of the government's
commitment to the cultural sector. We stated that we had two
objectives in promoting the cultural industries: to bolster Canadian
identity and to encourage job creation.
Let me begin by reminding you how important the cultural
sector is to the affirmation of Canadian identity. Culture is
expressed through the voices, words and gestures of talented men
and women. Their works are the manifestation of that culture. They
forge the image that a country creates of itself and offer it to the
entire world. They are at the heart of our national identity. They are
the creators who shape our world view.
Our culture is the thousand and one signs through which we see
ourselves as individuals belonging to a country. Culture is the vital
link that unites us all. Culture also provides work for 670,000
people, including creators and producers, who inject $16 billion
into our economy and attract foreign capital.
Canada's cultural sector is one of the fastest-growing segments
of our economy. Since 1981, it has grown by 32 per cent, compared
with 12 per cent for other sectors. There is no doubt that the arts
and culture sector-the ninth largest in Canada-must be
strengthened if it is to continue to contribute to economic growth
and the vitality of our cultural identity. That is precisely what we
intend to do with Bill C-32.
[English]
The Government of Canada is proud of this series of fair and
carefully developed amendments. The new act establishes a fair
balance between the rights of creators to be compensated for their
work and the need for users to have access to those works. We have
taken everybody's interests into consideration and have made sure
that everyone gets their due.
Some elements included in the bill are: the rights of performers
and producers of sound recordings; a compensation system for
private copying; limited exceptions for schools, libraries,
museums, archives and people with visual disabilities; protection
for exclusive book distributors in Canada; and measures to improve
public management and legal recourse. I will now summarize the
main features of each of these amendments.
[Translation]
First, let us look at performers' and producers' rights. At
present, you can hear singers on the radio anywhere in the country,
and they receive no compensation for their performance. As it is
currently worded, the Copyright Act entitles only authors-that is,
lyricists and composers-to payment for the public use of their
works.
From now on, performers and producers will be able to receive a
royalty from those who perform their works in public or broadcast
them. Thanks to this measure, performers, who often live in
impoverished circumstances, will, at least, be able to count on this
income. I will remind you that Canadian performers have the right
to be remunerated for their work.
(1620)
One thing is clear, however: it is not a question of correcting the
injustices done to artists and producers by penalizing those who use
their sound recordings. Of course, the broadcasting industry, which
is the primary user of sound recordings, will pay the levy. But the
industry's financial situation will be taken into account.
All radio stations will pay a fixed rate of $100 on the first $1.25
million in advertising revenues. Based on the 1994 data, 65 per
cent of private broadcasters will pay only this amount. Moreover,
as a result of generous transitional measures, the tariff on
advertising revenues over $1.25 million will be phased in over a
five-year period. The Copyright Board will set the tariff after
hearing from the various stakeholders.
Adopting this bill will allow Canada to adhere to the Rome
Convention, an international agreement already ratified by 50
countries, including France, Great Britain and Japan. The result of
this will be that Convention member states in which the sound
recordings of Canadian performers and producers are performed in
public will pay them royalties. These will be added to the royalties
they receive for the public performance of their works in this
country.
The new measures governing private copying are also intended
to give due justice to Canadian creators. We all know that
consumers make taped copies of sound recordings for their own
use. In Canada alone, according to the Report of the Task Force on
3439
the Future of the Canadian Music Industry, almost 40 million blank
tapes were used for this purpose last year.
What people seem to forget is that this deprives composers,
singers, producers and performers of the royalties to which they are
entitled. In the past thirty years, artists and the sound-recording
industry have incurred considerable losses because of private
copying.
It is impossible to control private copying and pay the rights
holders each time their works are reproduced. That is why a levy
will be charged on all blank media, such as tapes and cassettes, in
order to compensate rights holders for their losses. The Copyright
Board will establish the amount of the levy, which will be paid by
the importer or manufacturer.
It is important to point out that the government does not receive
the royalty. The Copyright Board will establish the mechanism for
dividing the royalty among composers, lyricists, performers and
producers of sound recordings, and the professional associations or
collectives will distribute it.
I want to reiterate one of the main reservations of Bill C-32. In
the wording of the proposed amendments, we were careful to
protect the interests of both creators and users. I would like to add
that we are fully aware that in the public interest, exceptions
limiting the enforcement of copyright are sometimes necessary. It
is a question, once again, of finding a balance between users' needs
and those of copyright owners.
The Act therefore provides that, in some situations, a work can
be used without authorization and without any obligation to pay a
royalty. Non-profit educational institutions, libraries, archives and
museums will benefit from this type of exception.
There are also special measures that apply to individuals with
visual disabilities. This improvement to the Copyright Act is proof
of the government's desire to make culture accessible to the
greatest possible number of people.
(1625)
It marks a significant step in the legal recognition of the needs of
people with perceptual disabilities and the need to guarantee them
access to cultural works on substitute media.
[English]
The bill focuses on other major components of the cultural
sector. Canadian publishers and book distributors spend a great
deal of money and energy negotiating with copyright holders and
original publishers for the exclusive right to sell their books in
Canada. Some institutional buyers however circumvent the
exclusive Canadian distributors by ordering directly from foreign
suppliers. It is called parallel importation.
When bookstores, wholesalers, universities and libraries order
books from distributors outside Canada and thus circumvent the
authorized Canadian distributor, new provisions of the Copyright
Act will restrict the importation of books to Canada when an
exclusive distributor, regardless of nationality, already occupies
part of the Canadian market. In return, the distributors and their
clients will negotiate tenders of performance which will be
included in the regulations.
[Translation]
The final component of the amendments is vital if we are to
modernize an act that was established in the 1920s. In order to
more effectively halt ongoing infringements of the Copyright Act,
the amendments provide civil and criminal remedies, and
modernize the wording of the Act. For example, because the extent
of infringement is difficult to prove, copyright owners are often
prevented from being fully compensated for their losses. As a
result, we are proposing a system of statutory damages that would
guarantee a minimum award once infringement is proven and serve
to deter future infringements.
There are some who will say that the current amendments do not
go far enough because they do not include copyright issues related
to the information highway and new technologies. We had several
good reasons for excluding these issues from the current phase of
copyright reform. First, there is the question of internal
administration. Our priority was to settle the unfinished business of
the previous administration. After almost ten years of neglect by
our predecessors, and at the repeated request of Canada's cultural
sector, we had to adapt the legislation to the realities of the
marketplace and the major international conventions in effect,
while responding to the most urgent concerns of the cultural sector.
Once these necessary amendments have been adopted, we will be
able to move on to the advent of the information highway and the
new distribution technologies.
As you can see, this bill is a step forward. It gives those in the
cultural sector their due. Culture is the essence of our national
identity, the expression of our pride. It allows each and every one
of us to participate in the building of our collective history. The
amendments to the Copyright Act were drafted with that in mind.
Bill C-32 will strengthen the heart and soul of the Canadian
cultural sector, as well as providing a more solid economic basis. I
urge my colleagues to support the government in this crucial
undertaking.
(1630)
Mr. Louis Plamondon (Richelieu, BQ): Mr. Speaker, I am torn
between joy and fear as regards this bill. I am pleased of course as
regards neighbouring rights, but extremely concerned about the list
of exceptions that is being added.
3440
Let me first put the issue in its proper context. The first phase
of this exercise was Bill C-60, which was passed in June 1988
and which is now followed by Bill C-32, to add or remove certain
rights to authors.
As we know, copyrights apply to any literary, dramatic, musical
or artistic work that is original. This legislation applies to a slew of
works, including books, dictionaries, maps, sculptures, paintings
and related works such as translations, summaries and adaptations.
It applies to both published and unpublished works.
The bill creates two types of rights. Moral rights recognize the
author as the owner of the work and, consequently, his or her right
to authorize its use in conditions deemed appropriate. There are
also economic rights, which can be divided into two major
categories: those dealing with reproductions and those dealing with
public performances.
As we know, copyrights usually apply for a period of 50 years
after the death of an author. The act provides for some exceptions,
the most important one being the fair use of a work for private
studies or research. I will elaborate on these exceptions later on.
Phase I of the review of the copyright legislation resulted in Bill
C-60, passed in June 1988, which extended copyrights to computer
programs, extended moral rights of creators over their works,
granted the right to exhibit visual arts, abolished compulsory
licensing-the so-called K-tel clause, which allowed the
reproduction of acoustic works for a payment of 2 cents for the
recording-replaced the Copyright Appeal Board by the Copyright
Board, and recognized collectives.
A collective is a group of copyright holders, such as SOCAN.
However, the first phase, which resulted in Bill C-60 being passed
in 1988, did not solve the issue of private copying, or home
recording, and did not include the recognition of neighbouring
rights.
As well, Bill C-60 did not recognize other creators' rights, such
as those claimed by the copyright coalition. Between 1988 and
1994, four series of amendments were made to the act, following
the commitments Canada made in the Free Trade Agreement,
NAFTA or treaties signed with the World Trade Organization.
The copyright legislation has been in force for about fifty years.
It was amended in June 1988 and now this amending legislation,
Bill C-32, has five major goals. It sets up neighbouring rights for
performers and record producers. We commend this decision. A
regime is established in relation to the private copying of sound
recordings. It provides for a levy on blank audio cassettes
manufacturers. That is also a step in the right direction.
It protects the exclusive markets of Canadian book distributors,
what we call the right of distribution. It has some weaknesses but it
is still acceptable. It increases the exceptions where no royalties or
no neighbouring rights can be claimed. We are shocked to see that
the list of exceptions has gone from one page to 12 pages. That is
unacceptable and goes against all the progress made in Canada and
all the legislation passed throughout the world.
Five, the bill amends the current legislation in order to improve
collective administration and civil remedies. In that area, it
provides for the usual process.
(1635)
First of all, I will talk about neighbouring rights. I will remind
members that these are rights given to performers and producers of
sound recordings. For example, when Renée Claude performed a
song, she did not have any rights. Now she will have what are
called neighbouring rights, and so will the recording company.
At the present time, when radio stations play the recordings of
these performers, the authors and composers receive royalty
payments, but not the performers or the producers. So it is a step in
the right direction. However, there is a problem on which I will
elaborate a little later on.
Members will recall that neighbouring rights are recognized in
50 countries. However, they are not recognized in the United
States. Therefore it was important for Canada to adhere to the
Rome Convention. It is essentially radio stations that will have to
make payments under the neighbouring rights system. However,
and this is where the problem is, there is a $1.25 million exception,
which means that if a radio station's advertising revenues are less
than $1.25 million, it will pay only $100 in royalty payments. Since
when can one take somebody else's rights and decide how much
that person will receive in compensation? Why not let the free
market play its role since we have a tribunal and people who could
established the amount that should be paid by users?
Do you use your neighbour's car without his permission and tell
him afterwards that you will give him $10? No. You negotiate
before using it. It is as simple as that. This amount of $1.25 million
seems very high, especially that this system would be in place for a
trial period of five years.
I understand that broadcasters wish to be exempted from paying
neighbouring rights. In 1993, AM stations lost $59 million, while
FM stations made profits of $20 million. They are claiming that the
introduction of a neighbouring rights system would shut down
radio stations and result in lost jobs.
Like ADISQ, the Bloc Quebecois feels that the raw material is
the talent of artists and producers, and that the use of this talent
must be recognized. The Copyright Board has the mandate of
setting the neighbouring rights tariff, taking into account users'
ability to pay. So let us let the Board do its work, instead of setting
$1.25 million in advertising revenue as the cutoff, under which
only $100 would be payable.
3441
The other major argument of broadcasters against neighbouring
rights is that the introduction of such a system would see Canada
losing money. We know that clause 15 of the bill provides that
Canada will pay neighbouring rights to Canadian holders of
neighbouring rights and to those who are signatories to the Rome
Convention. SOCAN receives payments from abroad, and it duly
makes its own payments. A balance can therefore easily be struck
between money coming into and going out of Canada.
Finally, according to the Donner report, neighbouring rights are
an important tool for the future, especially with the advent of cable
digital broadcasting, which will distribute digital quality music
without interruptions from a announcer or any advertising. This
distribution represents a source of revenue or important losses for
performing artists and producers of sound recordings if the
neighbouring rights regime is not introduced.
With respect to neighbouring rights, this is exactly the position
adopted by the Bloc Quebecois. The Bloc made a firm commitment
to support the introduction of neighbouring rights during the last
election campaign. We are therefore consistent with what we
promised during the campaign. In addition, since it was elected, the
Bloc Quebecois has, on many occasions in the House and before
the heritage committee, called for neighbouring rights legislation.
The Bloc Quebecois feels that by finally granting neighbouring
rights to our performers and producers of sound recordings, Canada
is making up for some very embarrassing lost time. It is
regrettable, however, that the government limited itself to sound
recordings and has not extended this right to audiovisual
recordings. The Bloc Quebecois feels that exempting the first one
and a quarter million in revenue from the payment of neighbouring
rights is a large concession, too large, to the radio broadcasting
industry. We will be making the necessary representations in order
to lower this unacceptable cutoff substantially.
(1640)
It is in fact the responsibility of the Copyright Board, not the
legislators, to see that fees charged are compatible with the users'
ability to pay. I must point out as well that no one wants to see any
radio stations disappear, so the Board will take the stations' ability
to pay into consideration.
Finally, the Bloc Quebecois would like to offer assurance that
the creation of a new copyright scheme will not interfere with
copyrights. To that end, section 90 ought perhaps to be
strengthened to ensure that copyrights will be protected.
Neighbouring rights are an indispensable tool for bolstering our
recording industry, whose Achilles' heel is underfunding. The
recording industry is, moreover, dominated by multinationals. In
Canada, Canadian-controlled businesses have marketed 71 per
cent of Canadian content recordings. In Quebec, independent labels
account for 31 per cent of the market, as compared to 10 per cent in
Canada.
What is more, although foreign-owned recording companies are
profitable, Canadian-owned ones are just beginning to be. As for
the smaller ones, with annual earnings of under $100,000 and
essentially Canadian-controlled, these have never been profitable,
but they do play an important role in the development of Canadian
talent, as the Donner report states on page 4. As far as neighbouring
rights are concerned, yes, although the million and a quarter figure
strikes us as completely exaggerated.
As for private copying, for which charges would be collected
from manufacturers and importers of blank audiotapes, essentially
cassette tapes, and then distributed among actors, composers,
performers and producers of sound recordings, we know that 25
countries have adopted regimes that provide for collecting charges
to compensate for incurred losses.
Last year, nearly 44 million of these blank tapes were sold. It is
estimated that 39 million of them were used by consumers to
privately copy sound recordings made by composers and artists
who must earn a living from the sale of these recordings.
The Canadian sound recording industry loses significant revenue
estimated at $324 million a year as a result of home copying. The
Bloc also has a very clear position on this issue, which we
expressed during the election campaign. We made a commitment
to support charges on private copying. We also were in favour of
collecting such charges on videotapes. We are therefore
disappointed to see that the government went only halfway.
The Bloc is also happy to see that charges will not be set by
legislators but by the Copyright Board. We would have liked the
same thing for neighbouring rights.
As for distribution rights, we know that this bill will prevent
parallel imports. The Bloc Quebecois therefore supports such a
measure because it would strengthen the Canadian publishing
industry, although it would have more of an impact in English
Canada than in Quebec.
On the exceptions, however, we totally disagree with the
government and we intend to work hard in this area when the bill is
reviewed in committee. The current Copyright Act already
provides for some exceptions. It provides for the use of works for
the purpose of research and private study without having to pay
royalties.
It provides for the use of works for the purpose of criticism,
review or news summary preparation, if the source is mentioned. It
provides for the public representation or publication of paintings
and drawings of a work. The publication of short passages from
3442
literary works in which copyright subsists in a collection, mainly
composed of non-copyright matter, intended for the use of
educational institutions is also allowed provided certain conditions
are met. The list of exceptions goes on; it is about a page long, but
these are the four main ones.
Bill C-32 considerably broadens these exceptions as they apply
to educational institutions, libraries, archives and museums. To
existing exceptions, it adds-and this is no small thing-the
permission to use and reproduce works for the purpose of giving an
assignment, test or examination; the permission to reproduce
works that are not available in a medium of suitable quality.
(1645)
The bill gives the right to perform in public and to broadcast
sound recordings and television or radio programs in educational
institutions. It also allows the reproduction of current affairs and
other programs, and broadcasting in educational institutions. It
allows libraries, museums and archives to reproduce works for
management and conservation purposes, and to make photocopies
of newspaper and magazine articles, under certain conditions, for
their clients. It also allows these institutions to do authorized work.
It exempts libraries, museums, schools and archive services
from their responsibility regarding production made by individuals
on their photocopying machines. It recognizes the ``no fault''
principle when copyrights are violated incidentally and
unintentionally. It recognizes the right to adapt works for the
visually handicapped. Finally, the bill confirms the right of
educational institutions and agricultural or industrial fairs to use
works if the event is a non profit event.
You will understand that creators, particularly in Quebec, were
stunned by the scope of the exceptions introduced as part of the
copyright review. This exercise was meant to improve things, but
the result is 12 pages of exceptions. This is unacceptable to authors
and composers. Generally speaking, creators feel these exceptions
violate the spirit of the act, which seeks to protect their rights, not
deprive owners of their due. They also feel Parliament should have
left users and collectives negotiate the use of their works, as is done
with the Quebec education department and the federal government,
and that these exceptions will create a jurisdictional nightmare.
The terms used lend themselves to such interpretation that the door
is wide open for users to refuse to pay their fees, until the courts
clarify the provisions of the bill.
We believe that the exceptions are so convoluted as to be
unmanageable, that they leave the door open to confusion, that they
legalize delinquent behaviour by large institutions, that, under the
pretext of balancing everyone's interests, they favour large
government institutions to the detriment of much less powerful
management companies.
The position of the Bloc Quebecois in this regard is also very
clear. The Bloc Quebecois strongly protests this tactic by the
government, which is taking advantage of the reopening of the
copyright legislation to increase from one to 12 the number of
pages devoted to exceptions. The Bloc Quebecois feels that these
exceptions are to the detriment of authors and sees no reason why
museums, libraries, schools and archives, which pay their
employees, their oil and their electricity bills, should cheat authors,
composers, performers and producers of their economic rights.
The Bloc Quebecois intends to show how these exceptions
invalidate agreements that already exist between these large
institutions and management companies. The Bloc also intends to
show how these exceptions, in their present form, will lead to
confusion and will pave the way for schools, museums, archives
and libraries not to pay creators their due.
I would like to give some examples of these unacceptable
exceptions. In clause 29.5 the following exception is described: it
gives educational institutions the right to perform a work live or in
public, to broadcast in public a sound recording or a performer's
performance that is embodied in a sound recording, on condition
that this is done on the premises of an educational institution, for
educational purposes and not for profit, before an audience
consisting primarily of students of the educational institution,
instructors of the institution, or any person directly responsible for
this institution. That is clause 29.5.
(1650)
Now to the questions we in the Bloc are asking and, of necessity,
they will be the questions asked by the creators as well. Why is
such an authorization being given to educational institutions? Is an
auditorium part of an educational institution's premises? That is
not determined. Who will determine whether the event was held for
educational purposes or to raise money? Who will determine
whether the entrance fees were collected to generate profit or to
meet the costs of holding the event?
Who will be stationed at the door to ensure that the audience are
indeed students and staff of the educational institution? Will their
parents be considered persons directly responsible for setting a
curriculum for the educational institution? Do you see all the
questions that just one of these exceptions prompts us to ask?
Now, for another exception in clauses 29.6 and 29.7. The
purpose of this exception is to allow educational institutions to
make a copy of a news or other radio or television program for
educational purposes, to be replayed for the students of the
institution. Copies may be retained for one year in the case of news
broadcasts, and 30 days for other recordings, without copyright, in
order to evaluate the educational suitability of such a program.
3443
Then the royalties must be paid and the program may then be
retained in keeping with the arrangements entered into with the
collective society. The educational institutions must keep a log of
their copies.
Imagine the complexity of such a disposition. It prompts us to
ask a number of questions. How will the collective societies be able
to administer this administrative muddle? Will programs such as
serials, for example, be considered by a group of teachers in an
effort to decide whether it is really a practical teaching tool? Why
did the government not let educational institutions negotiate these
points with collective societies as is done in other areas?
Let us consider clause 30, which allows the staff of libraries,
museums and archives to make copies of works for clients for
personal research purposes, on the condition that the individual
satisfies the library, museum or archive that they will be used only
for private study or research. Dream on. More questions arise about
this clause. What criteria determine for library, museum or archive
personnel that the copy requested is for personal ends? Here again,
we have a practical example of the crazy limits of the exception.
Clause 30.3 provides that libraries, museums and archives will
be cleared of responsibility for the use of their photocopiers,
through the affixing of a notice above the photocopier asking users
not to contravene the Copyright Act. What about the deals
negociated by UNEQ and CANCOPY, which grant licenses to some
education institutions in order to allow reproduction by their users
for research purposes? Does this mean that, if someone infringes
the Copyright Act by phocopying a book, for instance, the school
authorities are going to shut their eyes and will not be held
responsible?
Since when is an institution not responsible for its reproduction
equipment? Photocopiers have become like coat racks with signs
posted saying: ``We are not responsible for photocopied material''.
That is what this section is saying. Clause 30.7 also says: ``It is not
an infringement of copyright to incidentally and not deliberately''
use a work. Are there any other laws which state that a person who
does something incidentally and not deliberately is not
responsible? The guy who gets in his car after drinking and kills
someone did not do it deliberately and therefore is not responsible.
It is the same thing. That what is said here respecting copyright.
As I said earlier, the position of the Bloc is clear regarding the
exceptions: they are unacceptable and far too many. The existing
list was sufficient.
(1655)
As for civil remedies, the last point I want to address, we know
that copyright owners claim the present legislation does not protect
their works because remedies provided are inappropriate,
time-consuming and expensive. The measures proposed to rectify
those irritants are simplified legal procedures that ease the process
and lessen the potential costs of a lawsuit.
As for statutory damages, when infringement of copyright has
been proven, the claimant can choose to have the amount of
damages determined according to a schedule provided by the act.
Measures are proposed to prevent through injunctions
experienced infringers from circumventing remedies, and to
facilitate the granting of such injunctions. The Bloc essentially
agrees with the part of the bill dealing with civil remedies.
I will conclude my remarks on the bill as a whole. Part II of Bill
C-32 represents two steps forward, some sidesteps and many steps
backwards. The steps forward are the recognition of neighbouring
rights and levies on blank cassettes. The sidesteps are the
exemption granted to broadcasters on the first $1.25 million in
advertising revenue, and the steps backwards are unequivocally the
exceptions added to the list.
This uneasiness is probably caused by the fact that the legislative
aspect of copyright is the responsibility of Industry Canada not of
Heritage Canada, which would have better defended creators'
rights and would have been more impervious to the lobbying of the
broadcasting industry and government agencies.
As a result, Part II leaves a bitter sweet taste, a mixture of
emotions going from happiness, since new rights are recognized, to
disappointment, as in the same breath we can wonder to what
extent they really are recognized, and because copyright is being
limited in a very real and concrete manner, without any valid
reason.
Therefore, the Bloc Quebecois intends to work very hard on the
heritage committee to analyze this bill after second reading, to
improve, modernize and amend this bill which is an essential tool
of policies promoting the cultural development in Canada and
Quebec; this will have to be done with the greater respect for
creators who are the very basis, the raw material, of this whole
industry.
[English]
Mr. Monte Solberg (Medicine Hat, Ref.): Mr. Speaker, it is a
pleasure to speak to Bill C-32.
I must start by declaring my bias on this piece of legislation. I
am a broadcaster by trade and it is important that I say that right
away. In declaring that, perhaps I should take a couple of moments
to explain why I think it is very important from the perspective of
someone who has been in the broadcast industry that this
legislation not come into place, not necessarily because it hurts
broadcasters, although it does, but because it will hurt Canadian
culture in general. I will expand on those remarks over the course
of the next several minutes.
I should start by acknowledging the work of the hon. member for
Kootenay East who now sits on the Canadian heritage committee,
my colleague in the Reform Party, our heritage critic who has done
a lot of work on this particular issue. He has many concerns and has
provided me with some information.
3444
I certainly was aware of the issue and I think hon. members in all
parties were aware of it as well. There was a rather intense lobby
from all sides with respect to this legislation and there is a good
reason for that. The reason is this legislation will profoundly affect
the various industries it touches.
I want to talk for a moment about the broadcast industry. The
minister said a few minutes ago that the bill will strengthen
Canadian culture. I am going to challenge that assertion. It will
strengthen some aspects of Canadian culture but at the expense of
other players in Canadian culture. I speak primarily of people in the
broadcast industry.
I want to make the argument that hundreds of broadcasters in the
big and small radio stations around the country are as much a part
of Canadian culture as are the recording artists. Absolutely. I will
give my personal perspective on this.
(1700)
I ran a little radio station in Brooks, Alberta. I did that for 10
years. Prior to that I worked at radio stations throughout western
Canada, some quite small, some a little larger in medium size
markets. It is important to point out the value these little radio
stations have in their communities. They are the glue that hold
those communities together in so many ways.
The community of Brooks relied on my radio station for the
local weather report which is something we take for granted. If we
stop to think about it, it makes absolute sense that if we could not
support that radio station because of yet another imposition of
some kind of a tax, a levy or in this case, neighbouring rights which
cause the radio station to go out of business, people who relied on
the local weather report would be lost. We are talking about
farmers, ranchers and those types of people. People wait to hear
whether or not the school bus will be running because of a storm.
They simply would not have that local information.
Another example of how radio stations hold communities
together is the local news aspect. Many local communities have
weekly newspapers but they do not have daily information. That is
very important. I talked about the weather. If my memory serves
me, the number one reason people listen to the radio is to hear the
weather report. The second most important reason is local news.
People want to hear what is going on in their community on a day
to day basis. If because of government legislation some radio
stations are knocked off the map and people cannot get the local
information, the sense of community will be lost in a very real way.
I come from Brooks, Alberta which has a population of 10,000.
It is quite far from any other major centre. There are many
communities in that type of situation around the country. If those
communities lost their local radio station it would be a tremendous
loss because there would be no other radio station or TV station to
jump in to fill the gap. It would be a terrible loss.
I know many hon. members opposite feel the same way. I hope I
am not putting anyone on the spot when I read the following letter.
That is certainly not my intent. I have a letter which was signed by
the hon. member for Essex-Kent. It was sent to the former
heritage minister. The letter states: ``Neighbouring rights will add
dramatically to this local programming loss across our country.
Border communities such as Windsor and Sarnia are in a
competitive market with the U.S.A. Added cost to the Canadian
broadcasters will place them in a less competitive position. It is
truly troubling to me to pass legislation that would place the radio
broadcast industry in Canada at a disadvantage to their U.S.
counterparts''.
It is an excellent letter and the hon. member made some very
good points in it. That is one huge reason the legislation is bad.
Overall this legislation will cost Canadian broadcasters somewhere
in the range of $30 million. That comes at a time when over half of
the radio stations in the country are losing money, especially AM
radio which is under tremendous strain because of fragmentation in
the marketplace and new technologies. Suffice it to say that at the
present time there are no technologies which can replace what
radio is doing around the country.
This is an extremely important issue. Again I say to the minister
that she is proposing legislation which will strengthen one aspect of
Canadian culture, but it will greatly weaken another.
Another point is that there is really no reason to bring this
legislation forward right now. That really bothers me. I do not
understand where the minister is coming from. There is a
longstanding historical understanding between the record industry
and radio with respect to how record companies are compensated
when radio stations play their music. If someone's music is played
on the radio, obviously it will have an impact on record sales.
(1705)
The broadcasters recently had Angus Reid conduct a study. It
was discovered that about 45 per cent of music purchasers
identified radio as the most important influence in their most recent
music purchase. It outranked all other factors by a ratio of three to
one. Overall, nearly nine in ten or about 88 per cent of Canadian
music buyers rated radio to have been a somewhat to a very
influential factor in their music purchase over the last year or two.
I get the sense that the minister is setting out to kill the goose
that has laid the golden egg. The Canadian music industry and its
artists are doing extremely well around the world. Not only are they
popular in Canada but they are popular in the United States and
Europe as well. There are many obvious examples. Therefore, the
question is: If the present system is working extremely well, why
are we engaging on a new course that could potentially undermine
3445
the broadcasting industry, which is precisely the industry that has
given many of these artists their start?
Many radio stations in order to help them get their licence tell
the CRTC when they apply for their licence that they will commit
to spending a portion of their profits on promoting new artists who
do not yet have a record. They will help them record a song so that
the artists can get some air play. In many instances the group, for
example the one I belong to, CHUM Limited, a big chain across the
country, would say that they would give the new artists free
advertising of their records on their air waves.
This is seen as an important way to help fulfil the 30 per cent
Canadian content rule, by ensuring that there are lots of good
quality Canadian artists out there. A lot of time is spent coming up
with ads to promote Canadian recording artists. What we are doing
here is undermining the radio industry and therefore jeopardizing
precisely the same artists the minister is intent on promoting.
Those arguments are good enough, but there are many other
important arguments against this legislation. I want to make
another right now with help from the member for Essex-Kent and
his letter.
What we are proposing to do seems insane in many ways. We
want to set upon a course that will provide neighbouring rights
legislation which in effect will ensure that Canadian artists who
receive a lot of air play in the United States will not benefit. In fact,
they may be ultimately penalized-and I will get to that in a
moment-by virtue of the government bringing in this
neighbouring rights legislation. At the same time, we are providing
a perverse incentive for Canadian broadcasters to play more
American music. Let me explain how this works.
Neighbouring rights legislation will extend the current copyright
legislation that applies to the composers of music on to the artists
and the record producers. In other words, the producers and artists
will enjoy the protection of copyright legislation. They do not
enjoy it right now. The radio stations will pay for that. In Canada
there will be a monetary incentive to play more American music
because it is exempt from the copyright legislation. It is a crazy
incentive to put in place if someone wants to promote Canadian
music. It does not make any sense at all.
On the other hand, we are treating the Americans differently in
Canada. They will not be subject to the new copyright legislation.
We are treating American artists differently. That will make us
subject to a challenge under NAFTA or under the WTO, which
would quite possibly mean that the Americans could challenge us.
It could mean that some of our artists will be ultimately denied
from receiving air play in the United States.
(1710 )
The point with respect to this issue was extremely well made by
the hon. member for Essex-Kent. I will read from the letter he
sent to the heritage minister:
On Wednesday, November 1st, the U.S. government passed its Digital
Performance Rights Act of 1995. This U.S. legislation excludes current radio
stations, as well as future digital radio stations, from any form of neighbouring
rights royalty payments. There is grave concern in the industry that any
introduction of a neighbouring rights royalty in Canada will be detrimental to
the radio industry which is already experiencing financial difficulties. Of equal
concern is that Canada would have a different system than in the U.S.
The U.S. obviously is the big market for the majority of Canadian
artists and also is our biggest trading partner. The letter goes on to
state:
For example, if Canada were to have a neighbouring rights regime, which
includes Canadians but excludes U.S. entertainers, it would be challenged under
the WTO. The effect of a successful U.S. position is that approximately 70 per
cent of the royalties paid by Canadian radio stations would be paid to foreigners,
with no such return of revenue from the U.S. due to their exclusion. In any
event, the U.S. has indicated that it would consider this system under the
national treatment rules. This means that the U.S. will simply demand the same
treatment for U.S. performers and record companies as given to Canadian
performers and record companies.
In other words, because the Americans are excluded, we are
going to send our people down there. They will not receive any
royalties from the Americans because the Americans do not have
this legislation. Radio is exempt under U.S. copyright rules.
However, in Canada we will have the situation of a reverse
incentive to actually play more American music because
broadcasters will see a monetary benefit from it. It makes
absolutely no sense. Not only that, we will possibly be subject to a
NAFTA challenge or a WTO challenge. We have no idea of what
the consequences of that could be. Suffice it to say the country
music channel dispute shows us that the Americans are determined
to play hardball when it comes to cultural industries.
One of the other concerns I have is with respect to how certain
performers are going to benefit from this legislation while other
performers are penalized. In relative terms, neighbouring rights
legislation most benefits those Canadian artists who tend to receive
more air play in Europe where neighbouring rights apply to private
radio than in the U.S. where they do not. In practical terms this
means that certain genres of music and music recorded in certain
languages will benefit at the expense of others.
What is rather obvious, if I can state the obvious here, is that
recording artists from Quebec are going to receive far more benefit
from this than Canadian artists outside of Quebec. The reason is
that most of the people who have signed on to the Berne convention
are from Europe. Therefore, Quebec artists who sing in the French
3446
language for instance are going to be the beneficiaries of this.
However people who perform in English and have their primary
market in the United States are not going to receive the royalties
because, as I mentioned several times before, the U.S. excludes
neighbouring rights from applying to private radio.
The legislation provides a benefit to francophone artists in
particular, but also to other artists who perform in different
languages and receive a lot of air play in Europe. Meanwhile, it
does not help and most likely will hurt those Canadian artists who
perform in the United States. The real situation is that the minister
is pitting one group of artists against another. We are headed for
trouble if we do that because it is wrong.
Another point I want to make is a little more complicated.
Actually Europeans do much better with this deal than do
Canadians overall because of our broadcasting system. In Canada
literally hundreds of radio stations across the country broadcast to
30 million people. In Europe a fraction of that number of radio
stations broadcast to 300 million people.
(1715)
By virtue of how the neighbouring rights legislation is designed,
what is important is how many spins of the record occur over the
course of a year and not how many people it reaches. That is how
the legislation is designed. In relative terms we will be sending a
lot more money to Europe than Europe will be sending to Canada
for our artists because of the way the broadcast system is designed.
We have a situation where European performers will actually do
better than Canadian performers. It does not make any sense that
our government would be promoting that. To me it is ridiculous and
counterintuitive. Nonetheless that is precisely what is being
proposed.
I will not belabour this point as there are people who would like
to discuss other pieces of legislation. I sum up by saying that there
is no support for the legislation across the way, as far as I can
determine. There is certainly no support for it in my party or, I
would argue, across the country.
I would argue that Canadians are very supportive of their local
radio stations. People feel that Canadian performers are doing
extremely well today. We see them all the time: Shania Twain and
Michelle Wright. Many Quebec artists are doing extremely well
around the world. To tinker with the current system is to invite
disaster, to invite killing the goose that laid the golden egg. All this
occurs at a time when private broadcasters are facing serious
financial problems.
I cannot understand the motivation for the legislation given all
the arguments against it. I encourage hon. members across the way,
members of the Bloc Quebecois and certainly members of my own
party, to go after the legislation.
I encourage the minister to justify why she is taking this course. I
remind her that for every argument she puts forward in favour of
the legislation there are three or four against it. I encourage her to
think about that and to remember that the broadcast industry,
speaking as someone who comes from it, is a very important part of
Canadian culture. Steps should be taken not necessarily to promote
it but certainly to stop the erosion of it that the Minister of
Canadian Heritage is proposing.
[Translation]
The Deputy Speaker: It is my duty to inform the House that the
question to be raised tonight at the time of adjournment is as
follows: the hon. member for Davenport-Law of the Sea
Convention.
[English]
Mr. Pat O'Brien (London-Middlesex, Lib.): Mr. Speaker, in
his remarks just now the hon. member of the Reform Party made
repeated reference to a letter from my colleague, the hon. member
for Essex-Kent.
Bill C-32 was first introduced in the House on April 25. Before
that date absolutely no one knew what would be in the bill. The
letter to which the member opposite refers, the letter from the
member for Essex-Kent, was written well before April 25. It is
fair to say that Bill C-32 very adequately addresses and satisfies the
concerns expressed in that letter.
(1720 )
I regard it not as a duty but as a privilege and a pleasure to speak
to Bill C-32. I am genuinely pleased to have the opportunity of
saying good things about a manifestly good piece of legislation.
It is with pride that I express my support for a cause so timely
and just, so attentive to the principles of fairness and equity, so
responsive to the exigencies of our modern age and so ultimately
beneficial to Canadian culture.
I use this latter term somewhat guardedly. I am well aware of the
dangers inherent in seeming to speak too annoyingly about culture
with a capital c. Therefore, unless someone asks me to define the
concept, a task that has defeated many a scholarly mind, allow me
to resort to terms that most of us can more readily understand.
[Translation]
Here in Canada, the arts and cultural industries give work to
more than half a million persons and put $16 billion annually into
our national economy. Whatever our opinion might be on culture
3447
with a capital ``C'', it is evident that, from a purely financial point
of view, culture plays an important role in our country. Any
measure supporting the livelihood of workers and the prosperity of
their sector is ultimately supporting all of our economy and also
our identity and our sovereignty.
Bill C-32 is one such measure. In fact, it is a whole series of
measures applicable to copyright, an essential element for artistic
creators of this country. Copyright is the legal framework whereby
creators of works like movies, books, songs, information products
and computer programs, receive some financial compensation
whenever their work is used by other people.
[English]
Prominent among the bill's provisions is its so-called p and p
component, which stands for performers and producers rights.
I heard a comment earlier asking whether I was reading my
remarks. Yes, I am reading some remarks, but I can tell hon.
members of the Reform Party that I have spent considerable
months working on the issue with other members of my caucus. I
am extremely well informed on the bill. I sit on the Canadian
heritage committee as the vice-chair. I welcome the hon. member
who made the comment or any others who come before the
committee to address it. It is important legislation that we are quite
prepared to examine in detail.
These p and p provisions will in effect extend royalty payments
to producers and the performers of sound recordings. One might
well ask whether royalties do not already ensue whenever
recordings are broadcast over the air waves or performed in public.
They do indeed, but under the current rights regime royalties in
such cases go only to composers and lyricists of the songs in
question.
In other words, when a radio station uses the latest recording by
Céline Dion or Anne Murray of a song that happens to have been
written by someone else, the songwriter gets duly paid for the use
of the piece. However the company that made the recording and the
song's performer and interpreter, Céline or Anne, do not. That is
fundamentally unfair.
With this proposed legislation Canada will join the ranks of
some 50 other countries that have already accepted the principle of
performers and producers rights. Like them, we will at last
recognize in law that those whose recording artistry and expertise
bring a work into prominence are as deserving of royalties as
composers or lyricists.
Some may look at the illustrious names I have just cited and
suggest that I have not chosen the best examples to garner support
for performers and producers rights.
(1725 )
Céline Dion and Anne Murray are, after all, fabulously
successful and prosperous performers and have been so for some
time. As such it may appear that they have little need for p and p
royalties. To such a suggestion I would respond in two ways.
First, the Céline Dions and the Anne Murrays of the Canadian
music industry are the exceptions, individuals who have reached
the pinnacle of their profession. Below them, less visible but no
less remarkable, lies a far faster preponderance of Canadian
performers, musicians and recording artists, talented and dedicated
professionals all but whose acquaintance with popular success may
have proved at best fleeting, sporadic and far more modest.
[Translation]
Canadian artists are collectively among the least paid
professionals in the country. For those who work in the sound
recording industry, the prospect of sometimes getting performers
and producers rights or a small fraction of the new royalty on blank
audio cassettes could be valuable.
Second, whether rich or poor, famous or unknown, it does not
matter what kind of person receives the performers and producers
rights, because they are rights, not privileges, and these rights are
theirs. They are based on the unquestionable principle of fair
payment for work done.
If someone uses the product of my work, I am entitled to expect
and to receive a fair payment from him, no matter who I am and
what my achievements are, whether I am already rich or not,
whether I do not particularly need money at the time or need it. If
someone benefits from my works, if he exploits the product of the
work I have done, I am entitled to expect a payment.
[English]
I realize that user pay approaches are far easier to defend in the
abstract than in practice. In developing these legislative proposals
we realized full well that we had little to gain by assisting one
group and creating hardship elsewhere. That is why we were so
careful to take account of the financial situation of broadcasters in
establishing the new performers and producers regime.
Therefore members will not be surprised to learn that I am
somewhat taken aback and disappointed with the vociferous stance
against the bill being taken by certain broadcasters. They would
have us believe that Bill C-32 will mean disaster for them, that it
will push hundreds of financially beleaguered radio stations over
the brink.
How can this be? How is it possible for the broadcasting industry
to argue its interests have been irreparably damaged when we have
taken such pains to minimize any potential adverse consequences,
when they have been so careful to ensure that p and p royalty
payments will accord with the ability to pay?
3448
There are some 487 commercial radio stations in Canada. Of
these approximately 65 per cent or well over 300 will be required to
pay only a nominal flat fee of $100 per year, hardly a sum that is
likely to push any station, beleaguered or not, over any brink.
This virtual exemption will apply to smaller stations right across
Canada, those that take in annual advertising revenues of less than
$1.25 million. This seems by any account a generous limit. Some
are even saying it is too generous. It will in effect shelter $400
million, a full 55 per cent of all radio advertising revenue in the
country.
(1730 )
As for the remainder of the country's radio stations the larger
ones, the richer ones, those that take in advertising revenues in
excess of $1.25 million, they will naturally be expected to pay
more than the minimum $100 in keeping with their greater income.
Even so, the fees that are set will be phased in gradually over
five years. Moreover, these fees will apply only to that portion of
advertising revenues in excess of $1.25 million. As an additional
measure of prediction the amount of the fee will be established by
the copyright board after an open consultative process and after
hearing from interested parties on the subject.
The bill will go to the committee on Canadian heritage, of which
I am vice-chair. It is a very technical bill. We are certainly open to
hearing input from all members. We believe the bill will stand on
its merits and will bear careful scrutiny.
* * *
The House resumed consideration of the motion that Bill C-20,
an act to respecting the commercialization of civil air navigation
services, be read the third time and passed, and of the amendment.
The Deputy Speaker: We will now proceed to the taking of the
deferred recorded division on the amendment.
Call in the members.
(The House divided on the amendment, which was negatived on
the following division:)
(Division No. 98)
YEAS
Members
Asselin
Axworthy (Saskatoon-Clark's Crossing)
Bachand
Bélisle
Bellehumeur
Bergeron
Bernier (Gaspé)
Bernier (Mégantic-Compton-Stanstead)
Canuel
Chrétien (Frontenac)
Crête
Dalphond-Guiral
Daviault
Debien
Deshaies
Dubé
Duceppe
Dumas
Fillion
Gagnon (Québec)
Gauthier
Godin
Guay
Guimond
Jacob
Landry
Langlois
Laurin
Lavigne (Beauharnois-Salaberry)
Leblanc (Longueuil)
Leroux (Shefford)
Loubier
Marchand
McLaughlin
Ménard
Mercier
Nunez
Paré
Picard (Drummond)
Plamondon
Pomerleau
Rocheleau
Sauvageau
Taylor
Tremblay (Lac-Saint-Jean)
Tremblay (Rimouski-Témiscouata)
Tremblay (Rosemont)
Venne
Wayne-49
NAYS
Members
Adams
Anawak
Anderson
Arseneault
Augustine
Baker
Bakopanos
Barnes
Beaumier
Bélair
Bélanger
Benoit
Bernier (Beauce)
Bertrand
Bethel
Bevilacqua
Blondin-Andrew
Bodnar
Bonin
Boudria
Brown (Oakville-Milton)
Bryden
Byrne
Caccia
Calder
Campbell
Cannis
Catterall
Cauchon
Chamberlain
Chan
Clancy
Collenette
Collins
Comuzzi
Cowling
Crawford
Culbert
Cullen
DeVillers
Dhaliwal
Dion
Discepola
Dromisky
Duhamel
Duncan
Dupuy
Easter
Eggleton
English
Fewchuk
Finlay
Flis
Fontana
Frazer
Fry
Gaffney
Gagliano
Gagnon (Bonaventure-Îles-de-la-Madeleine)
Gerrard
Godfrey
Goodale
Grose
Guarnieri
Hanger
Harb
Harper (Calgary West/Ouest)
Harper (Churchill)
Hart
Hermanson
Hickey
Hill (Macleod)
Hopkins
Hubbard
Ianno
Jackson
Keyes
Kirkby
Knutson
Kraft Sloan
Lastewka
LeBlanc (Cape/Cap-Breton Highlands-Canso)
Lee
Lincoln
Loney
MacAulay
MacLellan (Cape/Cap-Breton-The Sydneys)
Malhi
Manley
Marleau
Massé
Mayfield
McClelland (Edmonton Southwest/Sud-Ouest)
McCormick
McGuire
McKinnon
McLellan (Edmonton Northwest/Nord-Ouest)
McTeague
McWhinney
Meredith
Mifflin
Milliken
Minna
Murphy
Murray
O'Brien (Labrador)
O'Brien (London-Middlesex)
O'Reilly
Pagtakhan
Parrish
Patry
Payne
Peric
Peters
Peterson
Pettigrew
Phinney
Pickard (Essex-Kent)
Pillitteri
Proud
Reed
Regan
Richardson
Rideout
Ringma
Ringuette-Maltais
Robichaud
Schmidt
Scott (Fredericton-York-Sunbury)
3449
Sheridan
Silye
Simmons
Solberg
Speaker
Speller
St. Denis
Stewart (Brant)
Strahl
Szabo
Telegdi
Terrana
Ur
Valeri
Vanclief
Verran
Volpe
Walker
Wells
Whelan
Williams
Young
Zed-153
PAIRED MEMBERS
Alcock
Brien
Caron
Cohen
de Savoye
Gallaway
Graham
Lefebvre
Leroux (Richmond-Wolfe)
Maloney
Rock
St-Laurent
(1755)
The Speaker: I declare the amendment defeated. The next
question is on the main motion.
Mr. Boudria: Mr. Speaker, perhaps the House would give its
unanimous consent to apply the same result in reverse to the main
motion for third reading of Bill C-20, and adding as voting yes the
hon. Minister of Health and the hon. Minister of Indian Affairs and
Northern Development.
The Speaker: I understand the member for Kenora-Rainy
River and the Minister of Finance want to be included in the vote.
Is there unanimous consent?
Some hon. members: Agreed.
[Translation]
Mrs. Dalphond-Guiral: Mr. Speaker, the members of the
official opposition will be voting against the motion.
[English]
Mr. Strahl: Mr. Speaker, the members of the Reform Party
present will be voting yes to this motion, unless instructed by their
constituents to do otherwise.
Mr. Taylor: Mr. Speaker, I thought we were agreeing to do it in
reverse. However, since we seem to be putting it on the record,
New Democrats will be opposed to this motion.
Mrs. Wayne: Mr. Speaker, I will be voting against the motion.
[Translation]
Mr. Bernier (Beauce): Mr. Speaker, I will be voting in favour of
the motion for third reading.
[English]
(The House divided on the motion, which was agreed to on the
following division:)
(Division No. 99)
YEAS
Members
Adams
Anawak
Anderson
Arseneault
Augustine
Baker
Bakopanos
Barnes
Beaumier
Bélair
Bélanger
Benoit
Bernier (Beauce)
Bertrand
Bethel
Bevilacqua
Blondin-Andrew
Bodnar
Bonin
Boudria
Brown (Oakville-Milton)
Bryden
Byrne
Caccia
Calder
Campbell
Cannis
Catterall
Cauchon
Chamberlain
Chan
Clancy
Collenette
Collins
Comuzzi
Cowling
Crawford
Culbert
Cullen
DeVillers
Dhaliwal
Dingwall
Dion
Discepola
Dromisky
Duhamel
Duncan
Dupuy
Easter
Eggleton
English
Fewchuk
Finlay
Flis
Fontana
Frazer
Fry
Gaffney
Gagliano
Gagnon (Bonaventure-Îles-de-la-Madeleine)
Gerrard
Godfrey
Goodale
Grose
Guarnieri
Hanger
Harb
Harper (Calgary West/Ouest)
Harper (Churchill)
Hart
Hermanson
Hickey
Hill (Macleod)
Hopkins
Hubbard
Ianno
Irwin
Jackson
Keyes
Kirkby
Knutson
Kraft Sloan
Lastewka
LeBlanc (Cape/Cap-Breton Highlands-Canso)
Lee
Lincoln
Loney
MacAulay
MacLellan (Cape/Cap-Breton-The Sydneys)
Malhi
Manley
Marleau
Martin (LaSalle-Émard)
Massé
Mayfield
McClelland (Edmonton Southwest/Sud-Ouest)
McCormick
McGuire
McKinnon
McLellan (Edmonton Northwest/Nord-Ouest)
McTeague
McWhinney
Meredith
Mifflin
Milliken
Minna
Murphy
Murray
Nault
O'Brien (Labrador)
O'Brien (London-Middlesex)
O'Reilly
Pagtakhan
Parrish
Patry
Payne
Peric
Peters
Peterson
Pettigrew
Phinney
Pickard (Essex-Kent)
Pillitteri
Proud
Reed
Regan
Richardson
Rideout
Ringma
Ringuette-Maltais
Robichaud
Schmidt
Scott (Fredericton-York-Sunbury)
Shepherd
Sheridan
Silye
Simmons
Solberg
Speaker
Speller
St. Denis
Stewart (Brant)
Strahl
Szabo
Telegdi
Terrana
Ur
Valeri
Vanclief
Verran
Volpe
Walker
Wells
Whelan
Williams
Young
Zed-157
NAYS
Members
Asselin
Axworthy (Saskatoon-Clark's Crossing)
Bachand
Bélisle
Bellehumeur
Bergeron
Bernier (Gaspé)
Bernier (Mégantic-Compton-Stanstead)
3450
Canuel
Chrétien (Frontenac)
Crête
Dalphond-Guiral
Daviault
Debien
Deshaies
Dubé
Duceppe
Dumas
Fillion
Gagnon (Québec)
Gauthier
Godin
Guay
Guimond
Jacob
Landry
Langlois
Laurin
Lavigne (Beauharnois-Salaberry)
Leblanc (Longueuil)
Leroux (Shefford)
Loubier
Marchand
McLaughlin
Ménard
Mercier
Nunez
Paré
Picard (Drummond)
Plamondon
Pomerleau
Rocheleau
Sauvageau
Taylor
Tremblay (Lac-Saint-Jean)
Tremblay (Rimouski-Témiscouata)
Tremblay (Rosemont)
Venne
Wayne-49
PAIRED MEMBERS
Alcock
Brien
Caron
Cohen
de Savoye
Gallaway
Graham
Lefebvre
Leroux (Richmond-Wolfe)
Maloney
Rock
St-Laurent
The Speaker: I declare the motion carried.
(Bill read the third time and passed.)
The Speaker: It being six o'clock, the House will now proceed
to the consideration of Private Members' Business, as listed on
today's Order Paper.
_____________________________________________
3450
PRIVATE MEMBERS' BUSINESS
[
English]
Ms. Albina Guarnieri (Mississauga East, Lib.) moved that
Bill C-274, an act to amend the Criminal Code and the Corrections
and Conditional Release Act (cumulative sentences), be read the
second time and referred to a committee.
She said: Mr. Speaker, volume discounts for rapists and murders
is the law in Canada today. It is called concurrent sentencing. It
means that serial predators can serve penalties for multiple crimes
at the same time and be out on the streets in only a fraction of the
total sentencing.
Concurrent sentencing cheapens life. The lives of individual
victims are erased from the sentencing equation. The suffering, the
pain and the death of the second, third or eleventh victim is of no
consequence to the courts. The minimum penalty always applies
for even the most prolific killers.
Canadians cannot forget the spectacle of Denis Lortie after he
machine gunned three people to death in Quebec City. It would
have been hard to imagine at the time that he could be back on the
street today after serving only three and a half years for each person
he killed. That is the bargain basement price of life in our courts
and parole system.
Denis Lortie is an unusual case, not because he is a multiple
murderer or because he was released after a wrist slap of a prison
term. Denis Lortie's case is unusual because the public is aware of
it.
The majority of murderers and serial sex offenders are returned
to neighbourhoods without publicity or warning. Trials and
convictions do attract publicity and attention and the public is
always lulled by the hoax of a life sentence they read in the
morning paper. But 10 years later they really hear the truth. The
parole board has short changed justice, written off the victims as
yesterday's news and freed up a bunk bed for the next killer.
But Canadians are gradually catching on to the deception of life
imprisonment. Half of all those convicted of second degree murder
and sentenced to life are released after less than 12 years. For first
degree murder the median has historically been 14 years. Life only
means life for the murder victim who is not there to protest his or
her sentence and is never eligible for parole.
The predator has also dealt a life sentence to the victim's family.
For them the comforting illusion of safety in our society has been
shattered. They have to live with the stark truth that the only law
that protects them is the law of averages, the chance that none of
the predators roaming our communities will get around to you
today.
(1805 )
Sharon Rosenfeldt had the courage to recall her personal tragedy
in support of my bill. She writes:
Concurrent sentencing is appalling. My son was one of the eleven children
murdered by serial child killer Clifford Olson. The fact that he is serving eleven
concurrent life sentences is ludicrous. As the mother of one of Olson's victims, I
have difficulty in dealing with the reality that he is serving the equivalent of one
life sentence instead of the eleven life sentences he should be serving.
Why is it justice for Clifford Olson to serve no additional penalty
for murdering 10 additional children? Why can the victim's
families not have peace of mind and never have to hear from
Clifford Olson again?
3451
My bill would have spared them the revictimization of having
even the slightest concern that Clifford Olson would be paroled
as his combined parole ineligibility would have and should have
been 275 years, not the 25-year bargain given by our current
system. How can a civilized society be so tolerant and generous
toward the savagery of a Clifford Olson and be so dismissive of
the death sentences forever served by his victims.
The justice minister not long ago observed that victims have
been the orphans of the justice system and how right he was. That is
why so many victims groups exist. Among those who support my
bill are Debbie Mahaffy's Taking Action for Victims, CAVEAT,
Victims of Violence, Citizens United for Safety and Justice, the
Canadian Resource Centre for Victims of Crime and the Canadian
Police Association.
But our institutions are mostly responsive to lawyers, lobbyists,
inmate advocates. Criminals can rely on the system that orphaned
their victims. The murder victim has no representative, no lobbyist
and no lawyer because the victim is dead. The only argument we
will hear about the victim's lost rights will come from family and
from people who recognize the injustice and obscenity of the
current system.
Let us face it, the predator protection industry is part of our
modern economy. Justice cannot compete with currency. But the
victims of Canadian justice, though unpaid, refuse to be unheard.
Priscilla de Villiers writes:
It is an absolute insult to victims of violent crime that each murder,
subsequent to the first murder of an offender is considered to be free.
Why is it that the second murder victim does not count? Very
simply, Canadian justice offers a bulk rate to murderers and rapists.
One 25 year so-called life sentence is the penalty for premeditated
murder no matter how many victims, and a mere seven years in
prison is the maximum parole ineligibility for a rapist, again no
matter how many victims.
But columnists advocating inmates' rights will argue that
nothing is served by revenge, that we should have to prove that
each predator is a continuing risk to society and not waste the lives
of reformed carnivores.
It has become groupthink these days that we should be generous
to murderers who only killed an abusive husband or smothered an
infant child in a domestic dispute. My bill is not focused on these
much pitied murderers. It deals only with multiple killers and
rapists, criminals like Clifford Olson, people who plan, stalk and
destroy young lives.
There are no mitigating circumstances for a predator. There is no
need to rehabilitate a predator. No predator is a safe addition to any
neighbourhood no matter what his therapist might say.
One of my constituents is a teacher in Brampton. One day some
years ago the rehabilitation poster boy, Joseph Fredericks, was
invited to his school, a shining example of a reformed sex offender.
This devastating product of rehabilitation went on to attack and kill
Christopher Stephenson.
By being convicted, serial predators have identified themselves
as threats to society. No term in prison, no therapy, no treatment
can make a predator an acceptable risk. Yet parole boards will
continue to gamble with the lives of children and others by letting
predators loose on the buffet of victims in Canadian communities.
(1810)
Why is it that parole boards can take such risks so liberally?
There is no risk to the parole board. For every 100 sex offenders
released, 30 women and children are victimized. That is not just a
stat. It is a guarantee. Parole does save a few dollars admittedly, but
it ruins many lives.
The Metro Toronto Zoo is currently suffering budgetary
difficulties. One might ask why it does not save money by
emptying its cages and letting its untamed animals loose on the
streets of Toronto. Why not? They are not the parole board and they
can be sued for recklessly endangering citizens.
Prisons represent less than 1 per cent of federal spending.
Protecting the public from predators would hardly bankrupt the
nation. We can afford a little more justice.
Collette writes in support my bill:
This issue is very dear to me and my family. In 1991, four members of our
family, Maurice, Susan, Islay and Janello Mandin were murdered by young
offender Gavin Mandin. He was tried in adult court, and received a sentence of
life with parole eligibility at ten years. One sentence, one parole eligibility.
Four lives erased, 10 years in prison. Oh, but wait. The murderer
can change in prison. He can become a better citizen, get an
education and even start a family through the conjugal visits of the
jailhouse Jenny program. As always, resources are showered on the
criminal, now called a client, but precious little is done to support
the victimized families.
As with all other victims, and victims groups who support my
bill, Collette Mandin-Kossowan asked to know the result of my
vote.
But Debbie Mahaffy, the mother of Leslie Mahaffy, who died at
the hands of Paul Bernardo, was more cautious, having had more
experience with how justice can be obstructed, how justice is too
rarely a votable item. She is used to the lip service, the feigned
support, the photo ops and then the secret opposition that thwarts it
all. Mrs. Mahaffy writes:
3452
I fear there will be too much opposition because consecutive sentencing is so
sensible, so no-nonsense, so uncomplicated, it may be too simple for some to
understand.
I owe the groups that have supported this bill a reason for why it
was thwarted by the subcommittee on Private Members' Business.
The committee does not give reasons. It operates in secret, each
member swearing silence except to the press when convenient. The
transcripts of my presentation to the committee should lend some
insight.
The committee offered not a single question about Bill C-274.
They rendered no opposing comments, no objections, no rationale
for the bill not being votable. At the time, I recalled the words of
the Minister of Justice who said in the House that ``too often,
through insensitivity the interests and personal stake of the victim
are overlooked''.
How each of the four members of this committee voted is not a
closely guarded secret. Only the public and the victims groups are
denied the truth. They are used to that. Victims groups once again
have reason to conclude that Parliament is not a trustworthy ally in
their pursuit of justice.
Consecutive sentencing is uncomplicated. It would restore a
degree of truth in sentencing. It recognizes that each sentence
applies to a specific crime, an individual victim, a personal horror.
It insists that the price for rape and murder must not be marked
down.
Under my bill, Denis Lortie would have had to serve 10 years for
each life he took and Debbie Mahaffy would never have to plead
with any parole board to keep Paul Bernardo in jail where he
belongs.
As life sentences are a hoax, the only meaningful part of a
sentence is the period of parole ineligibility, the period for which
the murderer is guaranteed to be behind bars, the period before the
victim's family must relive a nightmare. That is the only sentence
that is remotely real, remotely believable.
(1815)
For Paul Bernardo and Clifford Olson that is 15 years. The rest
of their sentences are just an option, an option our system allows to
revictimize the parents of the victims, potentially to force them to
join countless other victims in having to dredge up some gruesome
memories just to provide victim impact statements and petitions to
keep a cage between the predator and the prey.
However, the quality of mercy is not strained. Parliament still
has an opportunity to narrow the gap between the justice system
and justice. Does any member here stand in support of volume
discounts for serial rapists and murderers? I would like those who
think a second murder victim does not count to stand up and be
counted. I would like to restore Mrs. Mahaffy's faith in this
institution by asking for unanimous consent in the House to make
Bill C-274 a votable motion.
The Acting Speaker (Mr. Kilger): The House has heard the
terms of the motion from the hon. member for Mississauga East. Is
there unanimous consent?
Some hon. members: No.
[Translation]
Mr. François Langlois (Bellechasse, BQ): Mr. Speaker, I am
pleased to speak on Bill C-274 put forward by the hon. member for
Mississauga East.
[English]
Mr. McTeague: Mr. Speaker, I rise on a point of order. I did not
hear any objection to the unanimous consent.
The Acting Speaker (Mr. Kilger): With the greatest of respect,
I put the motion to the floor. I heard some naysayers, and so I can
resume debate, which is what I intend to do.
[Translation]
Mr. Langlois: Mr. Speaker, for the sake of consistency, I shall
take it from the top. I am pleased to speak on Bill C-274 put
forward by the hon. member for Mississauga East. If I may, I would
like to start by setting the record straight because the hon. member,
acting in all good faith I am sure, has questioned the procedure
currently used by the sub-committee on private members'
business.
Along with the hon. members for Mississauga West, Edmonton
North and Okanagan-Shuswap, I sit on this committee, which, for
obvious reasons, meets in camera to hold proceedings and only
under these circumstances. That is because the House has seen fit
for the committee responsible for looking into private members'
business to be sheltered from outside pressure. What better way to
elude pressure than to sit in camera, where we can discuss freely
and frankly, without having people watching over our shoulders as
we draw our conclusions.
Without compromising the secrecy of in camera meetings, I was
able to assure the hon. member that no vote was taken on his bill in
our committee. In fact, the sub-committee on private members'
business very seldom takes votes. We usually report to the Standing
Committee on Procedure and House Affairs after reaching a
consensus. I would say that, in 95 per cent of cases, we
unanimously agree on the bills referred to us.
That is why I was taken aback, to some extent, by the remarks
made by the hon. member for Mississauga East, as reported in the
Hill Times. This is probably due to a lack of knowledge of the
system, a system which has shown that we can have good bills and
good motions in this House, provided there is an appropriate
process and it is complied with.
This being said, even though the bill before us is not a votable
item, it raises important issues including, of course, the whole
matter of cumulative sentences. Under our system, when a judge
3453
imposes sentences for various offences, he has a duty to state
whether these sentences are cumulative or concurrent.
(1820)
According to our tradition, a judge usually imposes a sentence
for the most serious offence and includes in it the other sentences
for lesser offences. So, generally speaking, sentences are
concurrent.
The fact is that, under our criminal laws, including the Criminal
code, judges already have the power to impose consecutive
sentences when they deem appropriate to do so. It might be a good
idea, during a debate on a motion to this effect, to look at the issue
of sentencing. Do we want judges to make greater use of their
power to impose consecutive sentences? Perhaps.
Perhaps the judiciary itself could deal with the fact that, in some
cases, the imposition of consecutive sentences is justified.
However, imposing consecutive sentences does not settle all the
situations better than if it was ordered by legislation.
Inevitably, we will find ourselves in a situation where the
compulsory imposition of consecutive sentences would become
inappropriate. What can a judge do if he has no discretion? He will
have to impose sentences that will prove to be an excessive burden
for the individual who has been found guilty or has admitted his
guilt.
The hon. member for Mississauga East also mentioned some
people, notorious criminals, who were sentenced to one life
sentence only. Contrary to the U.S. system, we do not have in our
system convicted people sentenced to 200 or 300 years of
imprisonment. Generally, one life sentence is enough.
In the case in question, as in the Bernardo case, since a charge
was laid, the judge had no other choice but to pass sentence. It is up
to the crown to follow up on the other charges or to lay new charges
on additional offenses to try to get additional sentences for the
criminal. But fortunately enough, according to a tradition we have
here, in our country, an individual cannot be convicted before he or
she has been tried.
If Ontario crown attorneys think it would be appropriate to
prosecute an individual already convicted for first degree murder, it
is up to them to decide what to do. The accounts we have heard are
in fact very unsettling. That a person who has committed such
crimes as those reported in the media-and I am thinking in
particular of the Bernardo trial-can be released after serving only
15 years in prison, pursuant to section 745 of the Criminal Code, is
quite disgusting.
The same thing goes for all the cases mentioned by the hon.
member. It would be easy to jump to a general conclusion, but that
is something we should not do before carrying out a more detailed
study.
This bill also raises the issue of the victim's rights. I must say
that the hon. member did a better job of getting my attention on
that issue, because it is true that our system tends to forget about
the victims. Their voice is not heard at sentencing hearings. When
the parole board makes a decision, their statements are hardly, if at
all, taken into consideration. These people are just left out of the
process.
Attorneys are generally overburdened, and when a Crown
attorney is put in charge of a case, he must do his work as quickly
as possible, and he does not get all the resources he needs.
Obviously, it is important that justice be done, but not always
expeditiously. These are two points I wanted to deal with, the rights
of the victims, consecutive sentencing and the right of society to
protect itself.
Just because I do not approve of all the provisions in Bill C-274
does not mean I do not recognize that the society has a right to
protect itself. It is a fundamental right for Canadians to see people
who pose a threat to society forced to reflect in isolation on what
they did. If this is not enough, they will be given longer sentences
and they will not be eligible for parole.
When we heard from members of the Parole Board, I realized
that there has been a very big improvement lately in the way the
board deals with releases.
(1825)
There is still much to be done but progress was made. Obviously,
we do not now have cases as worrisome as some we had a few years
ago. The watchfulness of parliamentarians surely has something to
do with it as it is our duty to point out, on occasion, flaws in the
system.
Bill C-274, which is before us today, warrants more reflection
than a gut reaction. All the issues raised by the hon. member for
Mississauga East are emotional, and give rise to such gut reactions.
If we were to let our emotions colour our judgment, we would
always pass stricter sentences and forget about the guidelines that
insure a good administration of justice.
Since this is not a votable bill, I do not have to indicate whether I
will vote for or against it, but the issues raised by the hon. member
certainly give us food for thought.
[English]
Mr. Art Hanger (Calgary Northeast, Ref.): Mr. Speaker, I find
the bill quite unique in that it is coming from the government side.
I would like to review Bill C-274. The bill provides for the
imposition of consecutive sentences on a person who commits
sexual assault and another offence arising out of the same event or
where a person already serving another sentence commits sexual
assault.
The bill also provides that a person sentenced to life
imprisonment for first or second degree murder is not eligible for
parole until that person has served, in addition to the portion of
sentence the person must serve for murder, one third or a maximum
of seven
3454
years of any other sentence imposed in respect of an offence
arising out of the same event or that the person is already serving.
If I were to present a bill it would go a lot further than this bill
does. However, this appears to be too much for the parliamentary
secretary to the justice minister, who voted no to the motion put
forward by the member who presented the bill.
The government through cabinet and the parliamentary
secretaries refuses to deal effectively with crime. The member, a
backbencher, has experienced it firsthand with the introduction of
this bill which went through committee to have it made votable.
The member presenting the bill made comments to that effect.
I will read some of the comments by the member for
Mississauga East: ``We supposedly have open government, but we
have secret committees. I guarantee that no member of that
committee would oppose the bill openly. They were just
encouraged in secret. I am not suggesting it is a kangaroo court. It
is more like a cockroach court. You cannot see them at work, but
they run''.
The hon. member is also quoted in the Hill Times: ``If I had a bill
on lawn care, I bet I would have success in getting it through the
committee. If I had a bill that offered better treatment for criminals,
it would race through the place in a week. But if I have a bill that
wants to side with victims or correct an obscene injustice in our
justice system, you can expect resistance and many years of effort
and debate''. This member is experiencing firsthand what the
cabinet, the justice minister, the solicitor general and the
parliamentary secretaries across the way are doing in reference to
criminal justice
The member who introduced the bill wants to see consecutive
sentences. I find that totally acceptable, as do most people in the
country. They do not want to see criminals running around lose
after serving a portion of their sentence, recommitting an offence
and then serving another portion of the sentence. It goes on and on;
it is a revolving door.
(1830)
I would respectfully submit that the member has made a very
simple request to the House. Yet one member, the Parliamentary
Secretary to the Minister of Justice, voted down her motion to
make it a votable motion.
Let us look at some facts. An offender in Canada who has served
one-third or seven years, whichever is less, of his or her sentence of
incarceration for a violent or serious offence becomes eligible for
full parole. Inmates who have not been released on parole after
serving two-thirds of their sentence are released by law to serve the
final one-third of their sentence in the community. My suggestion
is that if required they should be serving 90 per cent of their
sentences, especially for violent and serious offenders.
The National Parole Board confirmed that even the most violent
and serious offenders serve on average only one-half of their prison
sentence. Attempted murderers, for example, serve an average of
48 months where the court has ordered the sentence to be 94
months. They have served only one-half of their sentence, even for
attempted murderer. In the case of manslaughter the actual time
served by an offender averaged 44 months when the original
sentence was 84 months.
The member across the way clearly understands the problem of
violent crime. The justice minister, the solicitor general and the
parliamentary secretary who voted against her motion do not. They
are not concerned about violent criminals repeating their offences.
What exactly is the economic impact of crime on our society? A
recent study by the Fraser Institute identifies some of the economic
factors of crime. It mentions victimization, policing, private
security, court and legal proceedings, corrections and shattered
lives. The price tag placed on this type of criminal activity is $37
billion and much of that cost is for repeat offenders.
I realize that the member across the way has only targeted two
particular crimes: rape or sexual assault and first and second degree
murder. The cost of shattered lives because of murder and repeat
offenders in those two violent areas is very significant and would
certainly make up a portion of this $37 billion annually.
Reform's position in its operation crime strike discussion paper
is that it would like to see truth in sentencing. That is what the
member is talking about. She wants to move toward truth in
sentencing. Truth in sentencing is clear and simple. If a rapist is
handed a sentence of 12 years then the rapist must serve 12 years. If
a murderer or attempted murderer is handed a sentence of 25 years
then he or she serves 25 years. It is a very simple concept.
The member across the way, even though she is in agreement
with parole, states that if a second violent offence is committed
then that sentence should be served consecutive to the sentence that
has already been served.
Reform would carry that one step further. Reform would say that
once persons have committed a second violent strike they are out of
the picture completely. They had their chance after the first time.
After the second time they would do life, and life would mean life.
In support of the member across the way who introduced this
private member's bill, I too submit a motion asking for unanimous
consent to make this a votable motion.
(1835)
The Acting Speaker (Mr. Kilger): The House has heard the
terms of the motion of the hon. member for Calgary Northeast. Is
there unanimous consent?
Some hon. members: Agreed.
3455
Some hon. members: No.
Mr. Dan McTeague (Ontario, Lib.): Mr. Speaker, I am pleased
the hon. member for Mississauga East had the intestinal fortitude
and courage to listen to her constituents, her heart and her mind on
a matter of fundamental importance which I believe is at the base
of what we should be doing in the House of Commons.
Previous speakers have alluded to the fact that the process by
which we determine whether an item is votable is fair. The place
where we ought to make that decision is in the House of Commons.
We should do it in an open fashion as transparency is extremely
important.
[Translation]
I am perfectly comfortable with the presentation made by the
hon. member who moved the motion and by the hon. member who
seconded it, and who is the other member for Mississauga.
[English]
It is unfortunate the Parliamentary Secretary to the Minister of
Justice would not provide concurrence to make this a votable item.
That being the case, it is important for us to understand what the
bill is about. If the bill is not allowed to proceed today, I can assure
the House that the bill and bills like it will come again before the
House of Commons and we will have a day where openness will
once again prevail.
A person who commits a crime must serve the full time. Too
much evidence in the past has supported the excuse that serial
rapists or serial murderers should only serve one sentence for all
their crimes. Justice does not fit the crime. For that reason it is
extremely imperative that we try, at the very least as an open
Parliament, to provide justice not for those who have been accused
and tried before a fair court of law but for those who are the
victims. We owe it to them. We owe it to their families. We owe it
to safe streets and safe communities, a commitment in our red book
of 1993.
That is why as a Liberal I am proud to say that the bill speaks to
the heart of the Liberal Party as I understand it and as many
Canadians understood it when they voted Liberal in the last
election.
Canada's criminal justice system has to be transformed.
Convicted multiple murderers and serial rapists must know they
will not get away from serving the full time for all their actions and
will not have their sentencing behind bars reduced by concurrent
sentencing. Concurrent sentencing for murder and sexual assault
serves no purpose but to let convicted individuals escape the full
weight of society's repulsion for their acts.
Our government is committed to safe homes and safe streets. It
is my belief and the belief of most ordinary Canadians that
consecutive sentencing falls within the commitment stated in our
red book in terms of the safety and security of all Canadians.
The hon. member alluded to the fact that the bill acknowledges
what is a debate and what is currently acceptable discourse in the
homes and among many people in the learned societies of the
country. Far from being stifled it is my view that the bill should be
allowed to see the open and fresh air of debate.
It is unfortunate that the legislation only reached second reading.
I can assure the member who had the courage of her convictions to
bring forward Bill C-274 that her words today will not be forgotten
in her constituency or in mine. As a member representing one of
the larger ridings not just in metro Toronto but in all of Canada, I
know the member has the support of thousands of Canadians for
her courage to do this in the face of adversity.
(1840)
[Translation]
It is easy for me to explain the different ideologies of the
criminal justice system, but one must understand that, in the end,
the victims must benefit from a good justice system. The forms of
justice we have today do not work. The bill is legitimized by what
people said and also by the emotions created by people like
Clifford Olson and Bernardo.
[English]
The bill is important in and of itself. It is important for the
Parliament of Canada to be able to debate a matter of substantial
importance to all Canadians. We cannot wait until another election
to hem and haw about what we will do.
While it is important to bring in all sorts of theories and
ideologies on how to get to the question of the root causes of severe
criminal behaviour, we owe an obligation to Canadians to mete out
important, significant and fundamental justice to those who
commit serious crimes against ordinary honest victims who happen
to be our constituents.
I do not believe I should shirk or cower from the notion that the
House must consider the bill in a much more serious manner. There
was an overwhelming desire to ram through Bill C-33 in record
time. It took nine days. It took us longer to join the second world
war in the fight against the Nazis than it did to get that bill through
the House of Commons. Perhaps a bit of levity today might allow
us to reconfirm the importance of the bill.
I seek unanimous consent of the House, notwithstanding the
Parliamentary Secretary to the Minister of Justice, to have it made
a votable item.
The Acting Speaker (Mr. Kilger): Is there unanimous consent
to make this item votable?
Some hon. members: Agreed.
3456
Some hon. members: No.
Ms. Val Meredith (Surrey-White Rock-South Langley,
Ref.): Mr. Speaker, I add my comments to those of the hon.
member for Mississauga East who introduced this private
member's bill dealing with consecutive sentences.
For some time now Canadians have been very concerned about
what they see as a lack of justice in Canada. They are concerned
that individuals who commit one, two or three crimes end up
getting a sentence that is compacted in a concurrent sentence rather
than getting three different sentences.
I am not saying everything is perfect south of the border but we
see sentences that are consecutive. Individuals get sentences added
to the first sentence. In Canada we see sentences packed into one
sentence so that individuals who may have committed three or four
serious sexual assaults end up getting a three or six year sentence as
opposed to a three or six year sentence for each and every victim.
Basically that says to Canadians that only the first victim has any
worth or value, that each consecutive victim has no value or worth,
and that there is not a price to pay for having been a victim. I think
Canadians have difficulty with that.
The attempt of the hon. member for Mississauga East to bring in
consecutive sentences recognizes that Canadians want to see from
their justice system that an individual who has committed a series
of crimes is penalized for committing a series of crimes and not
just for one crime.
The hon. member has good intentions. Her amendments add
sections 2.1 and 2.2 to first and second degree murder. Canadians
are concerned when they see people who have been given life
sentences for committing either first or second degree murder
ending up on parole. In some cases it is relatively early in their
sentences, be it seven years or ten years.
When an individual in the circumstance commits a crime,
whether aggravated assault or in very serious cases a second
murder, they fail to understand the way the courts calculate the
time spent before eligibility for parole. It does not seem to
recognize the seriousness of the crimes committed.
(1845 )
Canadians are asking themselves how somebody can go out and
murder an individual, get a life sentence without eligibility for
parole after 10 years or 25 years, get out on parole, go out and
murder again and not be given a life sentence that means life
without parole.
I agree with my hon. colleague from Calgary Northeast that
Canadians want certainty of sentence. They want to know
specifically what the judge is talking about. They want to know
that when somebody is given a sentence of five years they will
spend five years of incarceration.
If judges were to say to Canadians that in certainty of sentencing
they will incarcerate an individual for five years for having
committed this crime, then they will give them two or three years
of parole, and if need be in some situations they might even tack on
a period of community supervision outside of parole, people would
understand clearly what the penalty is of the crime.
However, when a judge gives a five year sentence and Canadians
see this individual wandering the streets in two years or in eighteen
months, they fail to see where justice is being served. If we are to
have confidence in, faith in and support for our justice system,
justice must be seen to be served. We do not have that today.
The hon. member for Mississauga East is trying to make some
amendments to the conditional release act that show a certainty in
sentencing, that do not leave it to some obscure calculation to
determine when a person will be eligible for parole, that when a
person is given a sentence for more than one conviction there is
more than one sentence, that sentences are consecutive, that they
are added on. The member for Mississauga East has attempted a
very honourable thing. I commend her for her attempts to amend
the conditional release act.
I ask that this private member's bill be given unanimous consent
to become a votable bill.
The Acting Speaker (Mr. Kilger): The House has heard the
request from the hon. member for Surrey-White Rock-South
Langley with regard to making this motion a votable item. Is there
unanimous consent?
Some hon. members: No.
The Acting Speaker (Mr. Kilger): There is no unanimous
consent. Resuming debate.
[Translation]
Mr. Nick Discepola (Parliamentary Secretary to Solicitor
General of Canada, Lib.): Mr. Speaker, first of all, I would like to
commend the hon. member for Mississauga East for her efforts in
tackling these criminal justice issues that are of concern to us and
indeed to all Canadians. My comments will be directed to those
provisions in this bill aimed at changing the Corrections and
Conditional Release Act.
The proposals would alter section 120 of that act, which in large
part sets out the current sentence calculation scheme. Specifically,
the proposed amendments relating to section 120 would provide
two things. First, that offenders sentenced for first or second degree
murder would serve the full parole ineligibility period on that
sentence, which is a maximum of 25 years, plus one-third or a
maximum of seven years of a sentence, whichever is less, for an
offence arising out of the same event or series of events.
3457
For an offender already serving a sentence when the sentence
for murder is imposed, he or she would serve one-third or seven
years of that sentence, again whichever is less.
[English]
The second point is that offenders would serve consecutively all
the full parole ineligibility periods for sentences for multiple first
or second degree murder convictions not arising of the same event
or series of events.
The thrust of the hon. member's proposals is to deal more
stringently with repeat offenders, especially those convicted of first
or second degree murder.
(1850 )
Who could not agree with the notion that a new sentence for first
or second degree murder and for offences arising out of the same
event or series of events committed by an offender, including an
offender who is already under sentence, should result in a clear,
meaningful consequence? The government agrees with the intent
of these proposals. That is why we have already moved to provide
an effective and balanced remedy to this problem.
Last January Bill C-45, an act to amend the Corrections and
Conditional Release Act and related statutes, came into force. The
sentence calculation reforms brought about by Bill C-45 were
devout with the intent of ensuring that offenders who get new
sentences feel the effect of those sentences.
It is important at this point to outline the main elements of the
reforms which will help restore confidence in the sentence
calculation process.
[Translation]
In the case of a consecutive sentence, the offender will have to
serve the parole ineligibility portion of the new sentence before
becoming eligible again for parole. This means a third of the new
sentence, or one-half of the sentence in cases where the court has
made an order that this would have to be served. However, except
in cases of murder, an offender's parole eligibility date cannot be
later than 15 years from the date the last sentence was imposed.
In addition, the sentence calculation reforms brought about by
Bill C-45 include the principle of adding parole ineligibility
periods, where a lifer receives an additional definite sentence.
For example, a lifer with 10 years of parole ineligibility who
receives an additional 15 year sentence will have five years of
ineligibility added on, for a total of 15 years.
As I said earlier, the exception to this 15 year rule are sentences
imposed as a result of a first or second degree murder conviction.
In such cases, the maximum parole ineligibility period is 25 years.
The sentence calculation reforms brought about by Bill C-45
were developed on the basis of extensive consultations with a broad
range of groups and individuals. The reforms in Bill C-45 were
developed after a long process of consultation and scrutiny by the
standing committee during both the last and the current
Parliaments. The standing committee heard from over 60 witnesses
representing 32 different organizations. During its clause-by-clause
review, the committee debated the sentence calculation reforms set
out in Bill C-45, and endorsed them in their entirety.
The amendments in Bill C-45 strike a fair and reasonable
balance between punishment, respect for the court-imposed
sentence, and effective rehabilitation and reintegration of
offenders.
Striking such a crucial balance is achieved through a
combination of basic automatic features, such as the automatic
return to custody of a parolee who receives a new sentence, and
discretionary measures that allow individual circumstances to be
taken into consideration so that once the punitive portion of the
sentence has been served, the offender is not kept in custody
beyond the point when he or she can be safely released under
community supervision. This is what the current sentence
calculation scheme is designed to do.
While I believe that the hon. member's proposals are
well-intentioned, I am also concerned that they fall short of the
impact intended by Bill C-45. The amendments proposed by the
hon. member would maximize punishment, and no one disagrees
with this objective. But they would also reduce the discretion of the
courts and the Parole Board and make the system more arbitrary
and no more effective in terms of public safety.
The proposals could introduce new anomalous situations that
could lead to serious Charter challenges. For example, the
proposals would have a retroactive effect on concurrent sentences
an offender is serving when convicted of murder. For all intents and
purposes, sentences that were initially concurrent would become
consecutive because the ineligibility period on each and every
sentence would be added.
(1855)
Not only would this rule undermine the role of the sentencing
court and render sentence calculation uncertain and difficult to
administer, but its impact on the amount of time to be served, and
particularly its retroactive application, would certainly give rise to
serious charter challenges.
Another difficulty posed by this bill is the rule regarding the
addition of all of the full parole ineligibility periods sentences for
additional first or second degree murder convictions not arising out
of the same event or series of events.
Not only would this further reduce the scope of the National
Parole Board's discretion, but it would also mean that offenders
who could safely be released would remain in costly custody well
beyond the point that is necessary or in society's interest, and this
at great public expense.
3458
Lengthy incarceration beyond the point that is necessary for
public safety is not the answer. We cannot afford to lose sight of the
other important objectives of the C-45 reforms, particularly with
respect to the courts' and the National Parole Board's discretion
and the offender's rehabilitation and safe reintegration into society.
This governement supports the principle that repeat criminal
behavior should be dealt with more stringently, and that is precisely
why the mandatory 25 year parole ineligibility period for
additional murder conviction is provided for in the Criminal Code.
I would also point out to the members of this House that being
eligible for parole does not mean that a lifer will automatically be
released. It is up to the National Parole Board to grant parole only
after careful consideration of all relevant information, including
the level of risk to the community.
The reforms brought about by Bill C-45, which was passed in
January of this year, provide a comprehensive response that is
proportionate to the sentence handed down by the court in any
individual case.
The government has brought in a tough, fair, and balanced
sentence calculation scheme that makes sure offenders feel the
effect of their repeat offences, respects the sentences imposed by
the courts and limits but still allows for discretionary conditional
release when safe to do so in the judgement of the National Parole
Board.
I submit that the issue raised by the hon. member is a worthy
one. The sentence calculation reforms recently introduced by the
government address this and other concerns of Canadians in the
most effective and efficient manner, particularly with respect to
public safety.
[English]
Mr. Szabo: Mr. Speaker, I rise on a point of order. Having been
the seconder of the bill I had hoped to speak. Since the hour is
almost finished I would like to make a motion to the House.
I ask the parliamentary secretaries to the attorney general and the
justice minister to confer with each other prior to making their
vote.
We have heard many motions to have this deemed votable. We
also know there is another option to keep the subject matter of Bill
C-274 alive, referring it to the Standing Committee on Justice and
Legal Affairs.
I ask for unanimous consent to refer the subject matter of Bill
C-274 to the Standing Committee on Justice and Legal Affairs on
behalf of all Canadians.
(1900 )
The Acting Speaker (Mr. Kilger): The hon. member for
Mississauga South has asked that the subject matter of Bill C-274
be referred to the Standing Committee on Justice and Legal Affairs.
This can only be done by unanimous consent. Is there unanimous
consent?
Some hon. members: No.
The Acting Speaker (Mr. Kilger): The time provided for the
consideration of Private Members' Business has now expired. The
order is dropped from the Order Paper.
_____________________________________________
3458
GOVERNMENT ORDERS
[
Translation]
The House resumed consideration of the motion that Bill C-32,
an act to amend the Copyright Act, be read the second time and
referred to a committee.
Mrs. Suzanne Tremblay (Rimouski-Témiscouata, BQ): Mr.
Speaker, in a rare exception for me in this House, I am particularly
pleased to speak to the second reading of Bill C-32, an act to amend
the Copyright Act.
I will begin with just a little comment on the cover page. This
bill was introduced by ``la ministre du Patrimoine'' and not ``le
ministre''. It was the Deputy Prime Minister who was Minister of
Heritage at that time. What is more, it was introduced here in the
House this afternoon by another woman, ``la ministre par intérim
du Patrimoine'', the acting heritage minister. Dare I hope that the
House will take note of the difference, for in French there is a
grammatical distinction made between male and female ministers.
Having said this, we and all of the artistic community have been
hopefully waiting a long time for this bill, since it was promised a
very long time ago. Since the start of this 35th Parliament, eight
questions by six different Bloc Quebecois members have been
asked between April 29, 1994 and March 28, 1996. Those eight
questions have been asked, one after the other, of the Minister of
Canadian Heritage, each time in order to attempt to discover
whether there was any chance that this bill would be introduced
soon, since it had been promised to us session after session. We had
also raised a ninth question on distribution rights.
On examining the bill as a whole, there are a number of reasons
to be pleased. Neighbouring rights have finally been recognized;
3459
there are the beginnings of a system to protect private copies and to
monitor them to some extent and to further protect our artists'
rights and, finally, distribution rights. One note of discord,
however: a highly disagreeable aspect of the bill-and I will come
back to this if I have time a little later-involving the increase in
the number of exceptions.
For the benefit of those watching, if anybody still is at this hour,
I would first like to clarify the meaning of copyright. It is a legal
framework in which the creators of literary, artistic or other works
such as films, books, sound recordings, information products or
computer programs to request compensation when use is made of
their work.
(1905)
Copyright therefore establishes the economic and moral right of
the author to control the publication of his work, to be compensated
and to protect the integrity of his artistic achievements.
Copyright is vital to creators. In 1994, $44 million was collected
in royalties by author-composers for the public performance of
their musical works. In all, the cultural world represents a $16
billion industry employing over 600,000 people. So, as we have
said for a very long time, it is no small job sector in our country.
What about neighbouring rights, what do they add?
Neighbouring rights add recognition of the work now done by
performers and producers. For example, when a song was played
on the radio, only the author and the composer were entitled to
royalties. Now, the performer and the producer will be also, thanks
to the neighbouring rights, be entitled to royalties, will be able to
be paid for their work in a way.
When all this process is over, we will be able to join the 50
countries, which are parties to the Rome Convention, 50 countries
excluding the United States. Earlier this afternoon, our colleague
for Medicine Hat, speaking for the Reform Party, seemed to me not
to really understand the advantage of the neighbouring rights for
our artists. Culture is what defines a country, what characterizes it.
It is what characterizes a people. It is what differentiates it from its
neighbour. That is one definition of culture. Maybe those are not
the exact terms, but it is the message given early this afternoon by
the Minister of Canadian Heritage in her speech. When she gave
her definition of culture, she made it clear that it was something
which identified us as Canadians.
This is why we are somewhat inclined, unfortunately, we,
sovereignists, Quebec separatists, to think that we recognize
ourselves and define ourselves better in the Quebec culture than in
the Canadian culture, because many things differentiate us from
each other. However, since the whole of Canada does not seem to
recognize this fundamental fact, we will skip that issue tonight
because it is not the object of my speech.
Nevertheless, it is not because we have now introduced
neighbouring rights that we are going to send more money to the
Americans. Not at all. If Americans are now collecting a lot of
money, if we are sending them money, we will no longer do so
under neighbouring rights, since the U.U. did not sign the Rome
Convention. Neighbouring rights cannot be exchanged between
countries which are not signatory states. Accordingly,
neighbouring rights are paid only to member countries, so this will
not add to the wealth of Americans.
However, one thing could be very important to Canadians. Up to
now, except for certain performers like Céline Dion, René Simard,
Roch Voisine and a few young ones who have succeeded in making
a career in the States, most Quebec artists worked mostly in
Quebec. A few made a name for themselves in France, Belgium
and the Francophonie, but it is very seldom that Quebec performers
achieve an international career, especially singers. In the field of
jazz or instrumental music, it is something else altogether. But
when French culture is opposed to the English one, it is harder to
reach fame.
(1910)
As for English Canada, it is an excellent opportunity and a great
challenge for our anglophone performers and artists to settle an
agreement with the Rome Convention countries. They will be faced
with an extraordinary challenge because they will have 50
countries in which to take their chance. For instance, instead of
singing in the United States where there will be no exchange of
neighbouring rights, they could go to England or other signatory
states to try to launch a career. This could be a great opportunity for
our performers to make themselves known. Introduction of
neighbouring rights in this bill must be seen as a great step forward,
a great success for the Canadian artistic community, something that
will really change their working conditions. Undoubtedly, it will
lead to a considerable increase in incomes. Studies show this is a
step forward.
It is obvious that our colleague from Medecine Hat, with whom I
have already sat on the heritage committee, does not agree, and I
have the feeling that the Reform Party and the Bloc Quebecois do
not see eye to eye when it comes to culture; we believe in a kind of
protectionism in favour of Canadian and Quebec culture in order to
prevent the American bulldozer from invading Canada and further
ploughing under our culture.
Americans do not share our conception of copyright. They
support copyright per se and we are in favour of neighbouring
rights. Our approach is much more European, more modern.
Americans want to use their money to buy rights and make more
money by treating culture the same way they do shoes. They see
culture as entertainment, not as something which defines and
characterizes us.
Obviously, if one sees culture as they do, one will think that the
government is making a mistake by recognizing neighbouring
rights. But if one finds self-respect and self-definition in culture,
then it is obvious that neighbouring rights were the way to go.
3460
In this area, there is just one small hesitation on the Bloc side;
we think the broadcasting lobby was too efficient with the industry
minister and that Heritage did not put up sufficient resistance
when they discussed the royalties that radio stations would have
to pay. They set the limit for annual advertising revenues at
$1,250,000. They said nothing about total annual revenues, but
considered only the advertising revenues. So they decided to set
the limit high enough, at $1,200,000. All those making less will
only pay $100 a year in royalties. It is clear we find that amount
too high and we would want it reduced considerably; we would
prefer a figure in the area of one million dollars instead of
$1,250,000.
Therefore, except for that reservation, the Bloc Quebecois agrees
with the neighbouring right. Now, in the area of private copies, it
was high time something was done. I am sure there is not one
Canadian or one Quebecer who has never used a blank tape to
record something. We listen to programs like La petite vie, which I
find very interesting, or to the debates of the House, and we make
private copies. Sometimes we hear something interesting on the
radio and we quickly press a button to record the wonderful music
that is playing. Meanwhile, we are not buying the original works of
our artists.
(1915)
So, it was high time that the government got involved in this area
and decided to give a royalty for private copying. We wished it had
done so also for video tapes. We know change is very difficult.
There is much resistance to change, so we hope the government
will be able in the near future to add a small amendment to this bill.
This would not cost the government much, but it would allow our
artists to make up for all the losses they may incur because of the
bad habits we have acquired.
We will work very hard in the heritage committee and within the
confines of parliamentary procedure to ensure that the government
will consider introducing now a small royalty, even though it could
take a number of years for us to get used to that kind of thing. We
should come back to these royalties on video tapes and not abandon
this sector.
As for the distribution right, we are particularly pleased in the
Bloc Quebecois that the government did not overlook it. I
remember in committee that David Peterson came to make us
aware of the urgency of this problem, which is much more acute in
English Canada than in Quebec. Once again, because of the
language barrier and the different ways in which publishing houses
operate, Quebec was much less vulnerable than English Canada to
the invasion of the mega book publishers, which, if this distribution
right had not been introduced, could easily have seriously
jeopardized English Canada's publishing sector.
The Bloc Quebecois is therefore very pleased with this measure,
which will make it possible to strengthen the Canadian book
industry, and will have an extremely interesting impact on
publishing.
This brings me to what is disastrous about the bill. We would
really have liked to see the government for once take a strongly
positive position right across the board, we would have liked to see
that, but the government would have had to refrain from adding to
the list of exceptions. There were even, in certain cases,
agreements with organizations in the university sector, for
example, that were already doing a very good job of managing the
full range of use of audiovisual documents or newspaper articles,
articles from scientific reviews or chapters of books. In any event,
agreements had been reached. Once again, I think the government
unfortunately gave in a bit too much to pressure from lobbies.
There is one curious thing, as well, and that is the liberty the
government is taking in almost all areas in exempting itself from
charges. We saw it this morning, in another bill, where the
government is allowing the Department of National Defence not to
pay user charges to the new corporation being created to manage
air navigation services, and, here again, we see an exhaustive list
taking up several pages in the bill-I believe it is 12 pages in the
bill-that is concerned strictly with exceptions to this bill.
I think that this was really going too far. It is as though everyone
wanted to see his contribution included. It is far too extensive. It is
as though the government was deciding to no longer pay the
electricity or telephone bills, as though it was exempting itself in
all categories.
Maybe it is necessary in order to reduce the size of the budget
and the deficit significantly. But they are doing it at the expense of
others, at the expense of authors, composers and artists.
Unfortunately, as we know, these people's average income is well
below the poverty level.
The committee will work very hard, first of all to get an
explanation from the government as to how all of this can be
justified, and secondly to see what could be eliminated so as to
reduce the exemptions to a minimum.
(1920)
In conclusion, this Bill takes us a few steps forward, a couple of
baby steps sideways, and then a giant step backward with all the
exceptions there are in it. We are rather uncomfortable with all this,
and it leaves a bit of a bad taste in our mouths. Personally, and this
is a great rarity for me, I would have liked to have been totally
happy with this, but I am a bit confused, torn between happiness
and sadness.
The Bloc Quebecois will be working very hard, in the House, on
the Heritage Committee, and elsewhere. We will call witnesses, we
will take as much time as required to improve this bill. We hope
3461
that a government which has worked so well to date will continue
to have an attentive ear for the minimal changes that will have to
be made if the bill is to end up being more of a forward step than it
is at present. It is perfectible, and I hope that the government will
be open to improvements.
Mrs. Christiane Gagnon (Québec, BQ): Mr. Speaker, I am
honoured today to talk specifically to this bill.
I was on the Standing Committee on Canadian Heritage for a
time and, a few years ago, I was involved in artistic creation in
Quebec as the director of a body promoting Quebec films. I thus
was made aware of the importance of the cultural industry for
society as a whole, and for Quebec society in particular. It is
therefore with great pleasure that I rise today in this debate on Bill
C-32 on copyright.
Copyright is the bread and butter, as we say, of our artists. The
diet has remained unchanged since 1924, and it is high time it was
revitalized, which is what the government is attempting to do after
long years of pussyfooting around.
I hope you will allow me to stress the importance of copyright
for artists. As we know, the artistic community does not work from
nine to five with iron clad working conditions and a pension plan to
boot. Quite the opposite is true. Artists have no job security. They
depend solely on their talent and on the prevailing economic
situation. We can easily assume that most of them often have lean
years. It is unfortunate to have to describe our artists' financial
situation in such terms.
Statistics confirm our impressions, however. According to data
from the Canadian Conference on the Arts, average incomes for
1991 were as follows: fine arts painters, $15,650; craftspeople,
$13,156; dancers, $13,757; actors, $21,800; musicians and singers,
$13,799.
No life of Riley here. It is easy to see these incomes do not
provide enough for a family to live on. We are certainly getting
close to the poverty line. In fact, artists are now the least paid
workers in Canada.
I think it is important to put these elements in context and, before
debating copyright, to reflect upon the financial situation of these
people and the importance their work has for society's
development.
Having established that artists are not in a privileged financial
situation, far from it, I would now like to turn to Bill C-32. This bill
makes major changes to the present law.
It establishes neighbouring rights for performers and producers
of records. I know that the Bloc québécois has spoken in favour of
neighbouring rights and has the firm intention of supporting them.
It establishes a remuneration regime allowing fir the copying, for
private use, of sound recordings; it establishes a protection of
exclusive markets for book distributors in Canada; it changes the
copyright and, finally, it changes the law to improve the collective
administration and civil remedies.
Much has been written about this bill, which has given rise to a
heated debate.
(1925 )
Before going into details, I would like to ask members to
remember the very concrete importance of copyright in the life of
every artist. This leads me to the loud protests of broadcasters with
respect to the new neighbouring rights.
Arguing that they help artists and producers by playing their
records on the air, broadcasters have demanded to be exempted
from paying compensation to performers and producers. Their
logic is strange. One could take it to the ridiculous extreme and say
that an artist who performs in public should not be paid since it
gives him or her the opportunity of making himself or herself
known and then of selling more records.
Broadcasters' concerns deserve to be examined, as those of any
other interested party. However, we must not forget that the first
purpose of this legislative reform is to allow artists to participate in
the economic success of their works. Moreover, future
beneficiaries of neighbouring rights, that is performers and record
producers, publicly indicated they understood the concerns of
broadcasters and were ready to show some flexibility in the
implementation of the new system. In such conditions, the goal of
the legislation can be reached quite harmoniously while our artists
will be protected.
I now wish to address another important aspect of the bill, that is
exceptions to copyrights. That is where the shoe pinches, as we say.
This aspect is generating a lot of questions and fears. Why?
Because the present Copyright Act already contains exceptions to
adapt to the needs of users. The general idea behind these
exceptions is to achieve a reasonable balance between the rights of
creators and the needs of users through exceptions made in the
public interest.
For starters, it should be pointed at that existing exceptions are
not unanimously accepted. In fact copyright comprises two kinds
of complementary rights. The first kind, namely moral rights,
recognizes that the author is the owner of the work and
consequently of the right to authorize its use under conditions set
by the author.
The second kind, economic rights, deals with the right to
monitor the economic life of a given work. An exception to
copyright is therefore tantamount to expropriation. For the good of
the community, the government may decide that, under certain
circumstances, an author will not benefit from his work.
Such expropriation is the reason why the SOCAN, the UNEQ,
the Union des écrivaines et écrivains québécois, the Canadian
Conference of the Arts, and the Coalition des créateurs et des
3462
titulaires de droits d'auteur, a Quebec group, have been asking for
the abolition of these exceptions for a long time.
Their reasoning is quite simple. I will quote UNEQ which said:
``It is always the same thing. Why should creators be the only ones
to give up their revenues?'' You must remember the numbers I gave
you a moment ago, they are not astronomical. When you live
around the poverty line, you have every right to worry about your
future.
And why should they give up their revenues on behalf of
schools, libraries, archives, without even being entitled to a
charitable donation receipt? Why not require Xerox to supply
copiers to schools free of charge and ask Petro Canada to supply
them with free heating oil? Why would creators not be entitled to
earn a living? Why? The question is very relevant, particularly if
you think about the actual income of artists.
Instead of abolishing the exceptions as requested, the
government intends to multiply them, almost ad infinitum. There
will be 15 pages of exceptions, at the expense of artists. For whose
benefit? We ask ourselves what pressures made the government
yield, what lobby intervened, because the government is now ready
to penalize the artists it claims it wants to protect.
(1930)
The Minister of Canadian Heritage said today that she wanted to
protect the livelihood of artists and to make sure they get some
compensation for their work. I do not think the new bill is in line
with that statement. There is reason to question that. The reaction
to Bill C-32 in this regard was quite strong, and appropriately so.
My colleagues and I will come back to the details of these
exceptions during subsequent debates.
For now, however, I am asking the government: What is the
reason for all those exceptions? Why is the government introducing
a bill with 15 pages of exemptions in it if, like the Canadian
Conference of the Arts has said, respect for the principle of free
negotiation inherent to copyright involves the elimination of all
exemptions in the protection of works?
I urge the government to bear in mind the arguments of the
artists, who are the main stakeholders. This bill must meet their
needs, both financial and moral. If artists do not survive, our
cultural industry will not either.
I would like to remind the House of the position of UNEQ, a
member of the Coalition of Creators and Copyright Owners. It said
it will not introduce more exemptions. This organization is asking
the government to eliminate all exemptions. It believes that having
more exemptions for educational institutions in this bill is a direct
threat to the group licenses already agreed upon by UNEQ.
I would like to give a few examples of what I have just said.
Talking about licenses, I know UNEQ has had negotiations about
photocopies made by the government. My colleague was telling us
a moment ago that it may be a way for the government to avoid
paying certain royalties to creators. The licence negotiated by the
federal government for its newspaper clipping service and copies
represents a total of $80,750 in royalties that are distributed to
journalists. The proposed bill would take away these royalties from
artists and creators. The government would no longer pay these
royalties. And that is just one example. I know several other
licences were issued and will adversely affect authors and creators.
Therefore, I ask the government to be receptive to the unanimous
point of view expressed by the Union des écrivains et des
écrivaines, UQAM, SOCAM and all the stakeholders from the
artistic community, regarding these exceptions.
Mr. Philippe Paré (Louis-Hébert, BQ): Mr. Speaker, about a
year ago, when the House had to vote on the bill to implement the
WTO agreements, we had to look, among other things, at the
federal Copyright Act. At the time, we were stunned to see how
obsolete and outdated the legislation was.
If I am not mistaken, it had been almost 50 years since the act
had been last reviewed. It is a good thing the government, through
its heritage minister, proposes to update this legislation, to provide
better protection to authors and performers, so that the artists who
make culture a central element in our country, particularly in
Quebec, can finally get a return on their work.
(1935)
We must not think that Canada is an innovator, since at least fifty
countries have already granted their creators the recognition of
these neighbouring rights. Of course-and I will have something to
say about exceptions-every time a government introduces a piece
of legislation granting rights or recognizing new rights for a class
of workers, it has to be understood that there are reactions from
people from which some privileges are removed.
I totally agree with my colleague from Québec that there should
be no exception to this rule. I think that artists, through the sacrifice
they made of the rights they should have recovered over the last
years, have already done more than their fair share for economic
development.
My colleague from Québec mentioned broadcasters,
universities, colleges, schools, municipalities, people writing to
complain that now they will have to pay. Of course they will have
to pay; they did not pay for 50 years, so it is only normal that they
pay now.
I would like to ask the hon. member the following question: Why
should the government not apply in this case the sacrosanct
principle this government has been advocating for a number of
years, the user pay principle? All of a sudden, we find that the
3463
government, which pays lip service to this fine principle, is
introducing all kinds of exceptions. Earlier today, we passed Bill
C-20 on the privatization of air navigation control services. We saw
the government go against its own user pay principle when it said
that National Defence should not pay for using these services. Now
it is coming up with a series of exceptions.
As soon as we open up exceptions, we can add indefinitely to the
list. That is why I ask: Why does the government not apply the user
pay principle in this case?
Mrs. Gagnon (Québec): Mr. Speaker, I thank my colleague for
his question. In fact, I also wonder why the government does not
follow suit and set an example. If we know the living conditions of
our artists, if we wish to recognize their efforts and their work, as
the Minister of Canadian Heritage stated so well today, why does
the government not set an example and exclude itself from these
exemptions? Considering that the federal government uses $80,000
worth of press clippings, artists and authors will thus be deprived
of the royalties which they are owed. I totally agree with my
colleague.
Women will also pay for the federal deficit, as we have learned
in the UI bill, and artists could have to pay too.
So, if the government is sincere with its bill, before passing it, it
will listent to the various stakeholders. It may listen to a special
interest group, but it could lend an ear to the main stakeholders,
such as the artists, and for once be attentive to their demands.
Given that an artist earns from $13,000 to $20,000 at most, it
cannot be said that he makes a decent living out of his work. Our
artists reflect all our society. They talk about our culture, celebrate
our culture, and give plays about our culture, so we could perhaps
encourage them by passing a good bill and prevent such expensive
exemptions. Given these 15 pages of exemptions, the bill is full of
loopholes.
Mr. Antoine Dubé (Lévis, BQ): Mr. Speaker, to the
astonishment of the whip of the Liberal Party, the Bloc members
still have some things to say about this bill, because it deals with
culture.
(1940)
As sovereignist Quebecers, we believe that culture plays an
important role in the development of Quebec society. Even if the
bill before us was introduced by the federal government, we still
find it relevant. As the hon. member for Louis-Hébert reminded us,
the time had come to follow up on the demands of the authors,
creators, performers, all those who work on the cultural scene, the
theatre people, the musicians, the writers.
It is extremely important for us, Quebecers, to have a legislation
better suited to today's situation. This is also very important to us
because our market is quite small. Quebec's territory may be large,
but it is not always densely populated. That is why performers who
become professional have the right, I think, to get the most from
their high quality work, which is why, as a member of the Bloc
Quebecois, I insisted on taking part in this debate.
I also noticed the interest shown by the hon. member for
Louis-Hébert and, before him, by the hon. member for Quebec.
They all come from the Quebec capital region, which is recognized
and renowned for its cultural talents but which often loses its artists
to other regions because of a poor standard of living or meagre
retribution. We are all proud of Céline Dion, but not all artists are
lucky enough to make a break on such a big market.
Therefore, this legislation is welcome. However, it has flaws that
were mentioned by those who spoke before me. It must be said,
however, that Bill C-32 is the second step of a review of the
Copyright Act, which is almost 50 years old and which was
amended in 1988. It had its shortcomings then and it still does.
We must remember that this bill provides a way to protect
performers' and producers' neighbouring rights. A remuneration
regime is also established in relation to the private copying of
sound recordings and charges are imposed to manufacturers of
blank cassettes. Exclusive distributors of books in Canada will be
protected. A number of exceptions are added where no royalties or
neighbouring rights can be claimed. And this is an aspect on which
we have serious doubts, not enough, however, to vote against the
bill, but enough for the Bloc Quebecois to argue in committee in
favour of several amendments. We also want to propose
amendments to existing legislation for improved collective
management and civil remedies.
Neighbouring rights are rights that are recognized for recording
artists and producers of sound recordings. Now, when radio
stations air the works of these artists, the authors and composers
receive royalties, but not the artists and producers.
In this bill, it is also provided that every radio station will benefit
from a preferential rate of $100 on the first $1,250,000 of
promotional sales. This means that, up to this amount, small radio
stations will pay only $100. We think this is not enough.
Now there is the issue of exceptions. It is true that some
community organizations made a case and that we cannot remain
insensitive to their claims.
(1945)
But as it is presently written, the bill provides for new
exceptions. It does not provides for limitations, it adds exceptions.
In this sense, it is not a step in the right direction. We will have to
make adjustments here. The Copyright Act already provides for a
few exceptions.
3464
At present, there are exceptions concerning the use of any work
for the purposes of private study or research; for the purposes of
criticism, review or newspaper summary, if the source is
mentioned; for the making or publishing of paintings and
drawings; for publication in a collection, mainly composed of
non-copyright matter, intended for use in schools, of short
passages from published literary works in which copyright
subsists. Bill C-32 adds many more exceptions for schools,
libraries, museums and archive services.
To the exceptions already in existence, the bill adds, among
others, the permission to use or make a copy of a work for the
purposes of assignments or examinations; to make a copy of a work
if its support is not of an adequate quality; to perform in public; to
transmit sound recordings, television or radio programs by
telecommunications within an educational institution; to make a
copy of news programs; to make a copy of different programs and
to retransmit them in educational institutions; the reproduction by
libraries, museums, archives of works for the purposes of
conservation; the permission for museums, archives and libraries
to photocopy newspapers and magazines under certain conditions
for their clients; the permission for museums, archives and
libraries to do the above authorized work for other institutions.
It releases libraries, museums, schools and archives from their
responsability for the reproduction of works made by individuals
with their photocopiers. This means that a small sign will be put on
photocopiers to ask people not to infringe on copyright.
It is like saying to someone in a library: ``Please do not steal that
bookM''. I saw that once in a municipal library, and I was
impressed. Well intentioned people, no doubt, had written, as a first
rule: ``Stealing is strictly forbidden''. I found that extraordinary.
This measure is similar.
We are saying to people that they can use the books and the
photocopier, but that they should not use them in any way that
would infringe upon copyright, of writers in this case. This shows
how far the law goes. It shows the intent to legislate, but it also
shows that we do not have the means to enforce the legislation.
An act can be very good, but if it is unenforceable and comes to
rely exclusively on self-discipline, what use is it? That clause
appears unbelievable to me. We should really amend it to avoid
losing credibility.
What do Quebec writers and artists say? They were very
disappointed by the exceptions provided. They say these
exceptions are contrary to the spirit of the legislation, which is to
protect copyrights and not deprive their owners of what
legitimately belongs to them. They think that the legislator should
have left users and collective societies negotiate the use of works,
as is done with the Quebec Ministry of Education and the
Government of Canada.
Since liberalization is pretty much in the air these days-no,
dear colleague, not in the partisan meaning of the word-why not
let people negotiate according to the market value principle? Those
in favour of that principle should apply it to everybody, including
artists.
I repeat, the great majority of artists do not earn millions.
Sometimes people see Céline Dion or other big international stars
and think that all artists are rich. Some have a few good years but
like in the National Hockey League, careers are short. It is the same
thing with the Liberal federal members-for example the
government whip-whose career could very well be short. But that
is another story.
(1950)
In the interest of artists in Quebec and in Canada-I am
sometimes told to stir up emotions in this House-we must
reiterate our commitment and our sense of responsibility towards
artists and writers.
Again, and I will conclude on this note, it is also important for
francophones in Ontario. When I worked in that province with the
Association canadienne-française de l'Ontario, I met excellent
artists who will be very happy with the objectives of this bill. As
for the means to achieve these objectives, this bill lacks teeth.
Before somebody breaks my neck, I will stop and make myself
available for questions.
The Acting Speaker (Mr. Kilger): Is the House ready for the
question?
Some hon. members: Question.
[English]
The Acting Speaker (Mr. Kilger): Is it the pleasure of the
House to adopt the motion?
Some hon. members: Agreed.
Some hon. members: No.
The Acting Speaker (Mr. Kilger): All those in favour of the
motion will please say yea.
Some hon. members: Yea.
The Acting Speaker (Mr. Kilger): All those opposed will
please say nay.
Some hon. members: Nay.
The Acting Speaker (Mr. Kilger): In my opinion the yeas have
it.
And more than five members having risen:
The Acting Speaker (Mr. Kilger): Call in the members.
[Translation]
And the division bells having rung:
The Acting Speaker (Mr. Kilger): The recorded division stands
deferred until 5.30 p.m. Wednesday, June 5.
3465
[English]
Mr. Boudria: Mr. Speaker, I rise on a point of order. I now wish
to seek unanimous consent to further defer the said vote until
Tuesday, June 11 at 5.30 p.m.
The Acting Speaker (Mr. Kilger): Is there agreement?
Some hon. members: Agreed.
* * *
[
Translation]
Hon. Ron Irwin (Minister of Indian Affairs and Northern
Development, Lib.) moved that Bill C-6, an Act to amend the
Yukon Quartz Mining Act and the Yukon Placer Mining Act, be
read the second time and referred to a committee.
Mr. Bernard Patry (Parliamentary Secretary to Minister of
Indian Affairs and Northern Development, Lib.): Mr. Speaker, I
rise to address the House on Bill C-6, an act to amend the Yukon
Quartz Mining Act and the Yukon Placer Mining Act.
I am extremely pleased to be introducing this legislation in the
House. Bill C-6 is a made-in-the-Yukon solution to a circumstance
that is unique to the Yukon, but that is of concern to all Canadians.
It is a model of compromise and reason, and a major step forward
in this government's efforts to foster sustainable development in
the north.
(1955)
By way of background, the Yukon Placer Mining Act and the
Yukon Quartz Mining Act were enacted in 1906 and 1924
respectively. These acts provide for the administration of crown
mineral rights and the collection of royalties in the Yukon. While
they have effectively supported mining as the Yukon's number one
industry for most of this century, the two acts contain no provisions
to protect the environment. This situation is unacceptable to this
government, to the vast majority of Yukon residents and to
Canadians in general.
The integration of economic and environmental considerations
in decision making is a guiding principle for this government. We
are committed to protecting the environment while supporting the
development of our resources in a way that will create jobs and
economic prosperity for Yukoners and all Canadians.
Bill C-6 rectifies a long recognized gap in federal legislation for
the Yukon. It authorizes the government of Canada to establish
mining land use regulations for projects in the Yukon.
[English]
This legislation must be viewed as a major accomplishment for a
number of reasons. Not the least of these is that it represents a
compromise between divergent points of view held by different
groups, views that have been reconciled to the point where we can
proceed. This compromise did not come about overnight. It is the
result of extensive consultations involving the industry, First
Nations, environmental groups, the federal and territorial
governments, and the general public.
As a result of these consultations, Bill C-6 is acknowledged by
stakeholders to be the best legislation that could be developed. The
Yukon Mining Advisory Committee, or YMAC, deserves special
mention for its central role in the process of developing this
legislation, consulting Yukoners and arriving at a consensus that
allows us to proceed at this time.
YMAC was formed in 1990 to report to the Minister of Indian
Affairs and Northern Development on how best to amend the
legislation affecting mining activities in Yukon. It is comprised of
representatives of the Klondike Placer Mining Association, the
Yukon Chamber of Mines, the Yukon Conservation Society and the
Council for Yukon First Nations, the Government of Yukon and the
Government of Canada.
The involvement of all these groups reflects the importance of
mining to the Yukon economy as well as the respect Yukoners have
for the land and the life it supports. Despite the wide range of views
brought to the table, YMAC was able to reach consensus on all but
two provisions of this lengthy and technical bill. I will have more
to say on those issues in a few minutes.
[Translation]
Bill C-6 must also be viewed as a major accomplishment
because it will reinforce the government's commitment to
sustainable development by providing for environmentally sound
mining practices. By applying land use regulations for the first
time to the early activities on mineral claims, the rules in the Yukon
will become consistent with all other jurisdictions in Canada.
Within the context of sustainable development, this legislation is
an important part of the ongoing process to create a more
conducive environment for mining and to support economic
development in the Yukon. This process complements the process
of legislative reform required for implementing land claims
settlements for Yukon First Nations.
As hon. members are aware, land claims final agreements have
been signed with four Yukon First Nations. Hon. members will
recall our consideration and passing of three bills to give effect to
these agreements. Land claim negotiations are well-advanced with
a number of others. In addition, some of these First Nations have
already signed benefits agreements with mining companies.
(2000)
Concerns that First Nations have about environmental protection
on crown lands are addressed through Bill C-6. Yukon First Nations
were involved in the work of the Yukon Mining Advisory
3466
Committee and continue to be consulted on the regulations that will
accompany this legislation.
The need to extend environmental regulations to all mining
activities in the Yukon has long been recognized. The coming into
force of the Canadian Environmental Assessment Act in 1994 has
underlined this need.
As well, on December 29, 1995, the deficiencies in the current
regime were made abundantly clear when the Federal Court of
Canada ruled that the Yukon Quartz Mining Act and the Yukon
Placer Mining Act were not subject to federal requirements for
environmental assessment.
As I stated earlier, Bill C-6 strikes the compromises that are
needed to rectify this situation and to avoid further court
challenges. In addition to ensuring protection of the environment, it
gives the industry an important measure of certainty on which to
base their decisions and seek investment dollars.
I want to assure all hon. members that this legislation does not in
any way affect the underlying rights of individuals or companies to
acquire and hold mineral rights.
In fact, the existing two mining acts remain unchanged except
for a few minor amendments related to environmental issues. Upon
proclamation of Bill C-6, the original acts will become part I of the
acts, and the environmental protection requirements we are
considering today will become part II.
[English]
Hon. members can appreciate that this is a very complex and
technical bill. I do not intend to discuss all of the provisions in
detail today. However, I would like to review the key elements of
the land use regime that will be put in place in Yukon.
Bill C-6 provides the necessary authorities for this regime,
including the authority for the governor in council to make
regulations. The details of the new regime will be contained in
these regulations which are now being developed by the
Department of Indian Affairs and Northern Development in
consultation with all affected stakeholders in Yukon. In particular,
special efforts are being made to involve Yukon First Nations in the
consultation process.
Currently two sets of regulations are being developed: one for
hard rock exploration and one for placer exploration and
production. At a later date a third set of regulations under the
Yukon Quartz Mining Act will be devised for hard rock
development, production and mine site reclamation.
In addition to establishing the authority to regulate, Bill C-6 sets
out the powers of the chief of mining land use who will be
responsible for implementing the new regime in Yukon. It provides
for the appointment of inspectors and gives them enforcement
powers. It also includes a mechanism for appealing decisions, a
process for the crown to recover any costs incurred in undertaking
remedial work, provisions for requiring security deposits and for
imposing penalties for non-compliance with the regulations.
[Translation]
One of the most important elements of this proposed legislation
is the system of approvals it will establish for various levels of
mining activities. Hardrock exploration and placer exploration and
production activities will each be divided into four classes, ranging
from those that will cause minor environmental disturbances to
those that will have significant impacts. Separate licensing
provisions are set out for producing quartz mines.
For both the Yukon Placer Mining Act and the Yukon Quartz
Mining Act, the first class of activity will be for projects that create
a minimum of environmental disturbance. An operator who
decides that his activity falls into class 1 will not require approval
before the project begins. However, the activity must conform to
operating conditions that will be set out in the appendices to the
land use regulations for both quartz and placer activities.
(2005)
Such mining projects will be regularly inspected to ensure they
fall within Class I and that they comply with the prescribed
operating conditions. An example of a Class I activity set out in the
draft regulations is the use of a mining camp by not more than five
persons at any one time of for not more than a total of 150 person
days in one year.
Class II mining projects willl involve a more intense level of
activity that may require mitigative measures that go beyond the
basic conditions set out for Class I projects. In this case, the
operator is required to notify the Chief of Mining Land Use of the
measures that will be taken to minimize any adverse environmental
impacts. In recognition of the short exploration and placer season
in Yukon, my department will have 25 days to respond to this
notification. If no response is made, the operation may proceed
without further administrative requirements.
Class III activities are those that will have significant potential
to cause environmental impacts. A complete plan of the entire
operation must be submitted to my department before work begins,
including details on how the operator intends to mitigate the
environmental impact. In this case, my department will have 25
days to respond to the applicant, but may during that time secure an
extension of no more than 42 days to conduct its assessment.
The fourth and final class of activities will require the same
approval process as Class III projects. However, public notifica-
3467
tion of the proposed activity must also be given, and public
consultation may be required. My department will have 42 days to
respond to the application, with a potential extension period of an
additional 42 days. A Class IV approval will also be needed when a
placer project requires a water licence under the Yukon Waters Act.
Projects ranked as Class II, III or IV activities will fall under the
provisions of the Canadian Environmental Assessment Act. The
processing times I have just described can be extended where
additional time is required to comply with the federal
environmental assessment legislation. This will ensure that the
impact of the mining activity on other land users will be considered
during the assessment process.
[English]
As I mentioned earlier, YMAC was unable to reach agreement
on only two issues of this bill: those dealing with penalties and
levels of security. On these two issues the government has taken a
middle of the road approach that has been endorsed by the majority
of YMAC members. The security provisions, for example, strike a
balance between the opposing views held by environmental groups,
which were seeking large security deposits, and the mining
industry, which felt that the deposits were unnecessary.
Bill C-6 gives the federal government the authority to require a
security deposit up to the estimated cost of site reclamation when
there is the potential for a significant environmental impact or
there is a risk that another operator may not comply with the
requirements of the approval. This fund will be returned to the
operator when reclamation is completed to the government's
satisfaction.
In addition, the government may require that remedial work be
done and if the security is not sufficient to cover necessary costs
the balance may be collected by civil action.
On the issues of penalties, these amendments will allow for fines
of up to $100,000 for failing to comply with the terms of a project
approval each day an infraction continues being a separate offence.
This is consistent with the fines that can be laid in relation to
similar land use activities in the north and I am convinced it will
deter non-compliance.
[Translation]
Bill C-6 also provides a time frame for bringing the new land use
regulations into effect. For quartz operations, there will be a six
month phase-in period during which operators will be able to
prepare and submit applications for their projects.
(2010)
The land use regulations under the Yukon Placer Mining Act will
come into effect after a full placer season has passed. The season is
usually seven months.
During these phase-in periods, environmental standards will
apply and inspectors will have the authority to issue orders to
correct serious environmental, health or safety problems at mining
operations. At the end of the phase-in, operators will be prohibited
from undertaking Class II, III or IV activities without approval
from the Chief of Mining Land Use.
The regulations now being developed will set out what lands will
be subject to the new regime. Although Bill C-6 allows for the
application of these amendments to all lands in Yukon, we will not
unilaterally apply the regulations to lands on which the Crown does
not own both the surface and subsurface. In other words, these
regulations will NOT apply to lands on which the Yukon Territorial
Government or First Nations administer the surface IF they have a
management regime in place which meets or exceeds the
regulations proposed under this bill. Hon. members should also be
aware that this legislation is not retroactive.
[English]
The importance of this legislation cannot be overstated from
either an environmental or an economic viewpoint. By establishing
environmental protection requirements for mining projects in
Yukon, Bill C-6 will fill the regulatory gap that does not exist in
any other jurisdiction in Canada.
The environmental requirements in this bill are not excessive
and will not impede the industry. They are generally considered to
be consistent with good mining practices by ensuring that every
planned mineral operation, except the low impact class one
activities, will be environmentally scanned before they are allowed
to commence.
From an economic perspective, Bill C-6 will help ensure the
long term viability of mining in Yukon by establishing clear rules
of operation and putting Yukon on a level playing field with other
jurisdictions in Canada.
This bill will give First Nations the assurance of environmental
protection that may encourage them to open their lands to mining
exploration and development where beneficial. This in turn will
generate revenues for First Nations as well as jobs for aboriginal
and non-aboriginal northerners alike.
Bill C-6 would also ensure that taxpayers are not burdened with
the cost of clean-ups and mine site reclamation. In future all
mining industries will be more vigilant about preventing
unnecessary damage to the environment and will be clearly
responsible for corrective measures.
3468
[Translation]
These are critical amendments that deserve the support of this
House. We must take advantage of this important window of
opportunity to establish environmental requirements for mining
projects in Yukon. With that in mind, I urge hon. members to join
me in supporting this legislation.
Mr. Claude Bachand (Saint-Jean, BQ): Mr. Speaker, it can be
seen from the number of people present that aboriginal and
northern questions are extremely exciting. I hope that our viewers
exceed the number of members in the House.
At any rate, since aboriginal issues are always characterized by
their technicalities, I think that the Bill we have before us today is
also characterized by its technicalities, the first one probably being
that one may well wonder why the parliamentary secretary to the
Minister of Indian Affairs and Northern Development and the
official opposition critic for Indian affairs are discussing a bill on
natural resources like gold and quartz in the Yukon.
The two would appear to be irreconcilable at first glance, unless
one takes a minute to think about the department name, which I
would remind you, Mr. Speaker, includes the words Northern
Development. So, automatically, everything north of the 49th
parallel falls under that department's jurisdiction. That is why
today the parliamentary secretary to the Minister of Indian Affairs
and Northern Development, and myself as critic find ourselves the
key figures in the debate.
(2015)
But the bill is also characterized by other technical details such
as the environment and natural resources. A consensus and
compromise were, moreover reached on this by my colleagues in
the Bloc Quebecois who sit on the environment and natural
resources committees. Finally, I am admitting to you that we will
support the bill, but I shall return to that in my conclusion.
I am particularly interested in what is going on in the Yukon. As
you know, there are several ways to manage a portfolio like Indian
Affairs and Northern Development. Personally, I subscribe to
hands on experience; like many others, I love to go there and share
people's experiences.
When any bill is introduced on a given part of the country, you
will have a better sense of things if you have travelled and seen the
people and the countryside. I think the bill before us imposes a few
more environmental constraints on open pit or underground
mining. I think I am in a position today to describe what I saw
there.
Since 1994, since we arrived in this House, we have passed bills
on the Yukon dealing with, among other things, government
autonomy and territorial claims. I made friends at the time and I
was pleased to see them again in the Yukon a few weeks after these
bills were passed. I must say the trip to the Yukon was absolutely
extraordinary.
An effort should be made to manage the environmental issue
there a little better. Not only are there flora and fauna I have never
seen, but nature is still wild there. I went out on the Yukon River
and caught a 20-pound salmon there. And no this is no fisherman's
tale. The native people really took me fishing. We even ate our
catch that evening. It was an absolutely sensational traditional
native meal with moose and caribou in addition to the salmon we
caught.
I have a lot of friends in the Yukon. The countryside is
astounding. You have to see the river. There is almost no pollution,
because places are so far away that there is no ever present
pollution like on the St. Lawrence, for example. The river water is
from glaciers and is both crystalline and deep green.
We must strive to protect those parts of the country that make it
rich, not only because of the landscape and the wildlife, but above
all because of the people who live there. I was pleased to meet them
and I am better able to speak about Bill C-6 and to express what I
feel because I have been there and made friends there.
I took some notes since it is always important to have reference
points. The Yukon covers an area greater than that of France. Onle
28,000 people live there, so you can imagine the open spaces. I
admire immensely the people who took part in the gold rush in the
Yukon in the Klondike days. Once, I took off from Whitehorse and
flew two hours due north. That was the Klondike, that was Dawson
City.
One must recognize the merit of people who went there in order
to become rich, to find millions of dollars in gold. It was physically
very demanding and it deserves to be recognized.
When we remember that the Yukon is as big as France, and
compare France's population to the Yukon's, we soon realize how
big it is and how few inhabitants there are per square kilometre.
In 1898, the Yukon became a separate territory. The
commissioner as well as six members of the Commission were
appointed by the government. It is only in 1908 that all these
people became elected representatives. The end of World War II
also meant the end of the gold rush. The rush to the Klondike really
happened around the turn of the century and fizzled out toward the
end of the war.
(2020)
At that time, thousands of immigrants went to the Yukon. Native
people were a majority then, but with the influx of immigrants in
the mid 1940s, at the end of the war, they became a minority.
Today, as we speak, native people account for only 23 per cent of
the population. It is still a lot. I do not want to overlook that,
especially as I noticed that native people and white people get
along well there. Mind you, on a territory that big, you do not meet
3469
your neighbour every day, and you do not step on each other's toes
every time you go out the door. On such a vast territory, chances are
the neighbour will be far away.
However, from what I saw in Whitehorse, relations between the
white people and the natives are very good; after all, there are
28,000 people in the Yukon Territory, which is not many given the
size of the area.
So there is a territorial administration. Naturally, the federal
government kept some fiduciary responsibilities toward the native
people but there is a Yukon government which manages social
services, the development of small and medium size businesses,
education, tourism and renewable resources.
The federal government is responsible for the native people
themselves and for nonrenewable resources. Therefore, mines, oil
and gas remain under federal jurisdiction. Furthermore, almost 60
per cent of the transfers and grants forming the territory's budget
come from Ottawa. Thus, the participation of Ottawa is extremely
important.
What is Bill C-6, which is before the House today, meant to do?
It seeks to amend both the Yukon Quartz Mining Act, dating from
1924 and concerning rock mining, of course, and the Yukon Placer
Mining Act, which has been in force since 1906.
When I started reading the summary of the bill, I looked for the
Translation of placer and realized that we have the same word in
French. I was very happy to add the word to my vocabulary. The
French word ``placer'' means a gold deposit. Expanding one's
vocabulary is always interesting.
One must understand that, in those days, environmental issues
came far behind economic concerns. At the time, prospecting for
gold was closer to an art than a science. People would head for the
streams with their sifter. They would keep the little gold nuggets
and throw away the rocks. The scenery is extraordinary up there.
The midnight sun is something incredible. I had never seen it. I
went to Dawson City, the Klondike town, and was taken to the
mountain called Midnight Dome. From there the midnight sun is
truly an incredible sight.
However, when you look down you also see a lunar landscape
around the Midnight Dome. It was caused by reckless
development. Piles of earth were left there and completely spoil the
scenery.
It is easy to see that, at the time, the environment was not at all a
concern, unlike today. The bill before us seeks to promote a
behaviour that is more respectful of nature than in those days. At
the time, people were just not concerned about the environment.
They were concerned about finding gold. The land was so vast and
so sparsely populated that people did not care. Today, we have to
care.
These two acts do not include environmental protection
measures. However, the requirements regarding development are
such that they are tantamount to environmental protection
measures.
One of the main features of the act is the establishment of a link
between the previous acts and the Yukon Waters Act. In the past,
several acts were implemented in an attempt to control
development in the Yukon, including the Yukon Waters Act.
(2025)
All the changes that will be introduced through Bill C-6 will now
come under the Canadian Environmental Assessment Act. Thus we
see that the intent is good on the part of the legislator. That is why
that after the consultations we had, we might receive some slight
recriminations or grievances that we will try to review with my
colleague in the standing committee. But we would certainly say
that on the whole, this piece of legislation is a worthwhile effort.
There is a system to approve various classes.
I mentioned that there was no environmental protection, but
there are indeed now various classes, and my colleague listed them
earlier, which will require some approval and which will help
discipline the operation as such for a better protection of the
environment.
Thus, class I activities require no preliminary approval but must
comply with existing regulation. So there is a first small problem.
The regulation was explained to us yesterday through a briefing
held by the Indian affairs department, and of course we did not
have time to get into it in depth today. We worked at it for part of
the day, but the regulation is rather complex and moreover
somewhat random and arbitrary. Let me explain.
Among other things, about class I activities, the bill says that a
class I program may include activities going beyond the parameters
set out above. A camp can be used throughout the calendar year,
but never by more than five people at a time, for a total of 150 days
per person. If this condition is met, no approval will have to be
requested, and the regulations will have been complied with.
But why five people? Why not six or ten? Eventually, we will
have to do our homework a little bit more seriously, and scrutinize
the regulations, because the bill before us simply says that a class I
program will have to comply with the regulation. But the
regulation has not been made yet. It is being prepared. As we could
see yesterday, 13 drafts have been prepared. We have been given
the most recent one, which was completed last week. So there is
still a bit of work to be done on the regulations, and we will
examine this further later on.
3470
I would like to give you one more example. It is about the
construction and permanent use of storage facilities for no more
than 5,000 litres of petroleum fuels. For a single container of
petroleum fuels, the volume is 2,000 litres. Here again, we have
specifications, but I would like to know why 5,000 and not 10,000
or 3,000. This seems to be rather arbitrary, and we did not have
time to look at the rationale. I think we will have time to dig a
little deeper during the coming weeks, both in committee and at
third reading.
Class I activities also include the deforestation of a strip of land
not exceeding 1.5 metres in width, the development of a corridor
not exceeding 5 metres in width, the excavation of a volume not
exceeding 400 metres per placer per year. I just wanted to give you
an idea of what is included in each category, because the principle
is the following: when you go from class I to class II, the
regulations get a little stricter. Also, class II activities require prior
notification being given to a federal authority. Class III activities
require the advance submission and approval of an operating plan.
So, as you can see, the bigger the operations are, the stricter the
regulations become.
The regulations in relation to class IV activities are certainly the
most demanding because they require the advance submission and
approval of an operating plan and also public consultation. For
those who are more interested in the economic issues than in the
environmental issues, public consultations have become a pet
peeve, because it only takes three or four people who object for the
project to be questioned. So, class IV activities certainly involve
large scale projects requiring public consultation, which means a
lot more preparation work for the people who develop the resources
to be able to provide the required information to the environmental
groups and all those who would want to take a critical look at the
class IV activities.
(2030)
The bill before us did not appear overnight like magic. In fact,
we checked and found that consultations were made. In 1990, an
advisory committee on the Yukon mining industry was created.
As you know, the issue was a concern to developers as well as to
natives and environmentalists in the Yukon. For them, the issue
was theirs. There was no way Ottawa or the Yukon government
could tell them what to do.
Since they wanted a purely Yukon solution, they gathered
together a certain number of interesting people, including the
president of the advisory committee, a businessman. The Chamber
of Mines was part of the advisory committee. There was also the
Klondike Placer Mining Operators Association, the First Nations
Council which represents, as you know, 14 communities. A nation
and a community are not the same thing, because a nation is often
composed of many communities.
This time, it was 14 communities of Yukon native peoples
represented by one tribal council, and there are 14 communities in
the Yukon. Another member of the advisory committee was the
Conserver Society. The Yukon government was there, naturally, as
well as the Department of Indian Affairs and Northern
Development.
Consultations were held. It always difficult for us to determine if
the consultations were adequate. Even with all the people I just
mentioned, were there enough consultations? Did we take all the
necessary steps to let them all have their say?
Maybe not. Indeed, representatives of the Yukon first nations
made representations and came to meet me about two weeks ago.
They told me that they had some difficulty in following the
process. They did not participate in all of the meetings, not because
they did not want to, but because, as they told me, they were not
given all the necessary support to do so. The meetings did not
always take place in the delegated chief's community. I will
enumerate the 14 Yukon nations in a few moments.
Some come from Northern Yukon, others from Southern Yukon.
When the meetings were scheduled in Whitehorse, as was often the
case because most of the people I mentioned have their
headquarters in that city, the Yukon's capital, it was not easy for
people from the North to be there. The natives told us that,
unfortunately, they received little support from the governments to
facilitate their presence in the consultative committee meetings.
We were also assured by Indian Affairs officials that the bill is
consistent with the land claims in the Yukon and with the
self-government clauses that have been signed or will be signed.
Government officials reassured us by saying that, in terms of the
environment, in terms of the categories and in terms of
development, there was no contradiction with what was given to
the Yukon First Nations as far as self-government or land claims
were concerned.
We still have some checking to do because, as my colleague
mentioned, this exercise has not been completed yet. Four native
communities in the Yukon have signed land claims and
self-government agreements.
They are the Gwitchin Vuntut, the Champagne and Aishihik, the
Nacho Nyak Dun and the Tlingits from the Teslin area, who signed
in 1994. They were all here in the gallery and I was happy to salute
them at the time. They had been negotiating for 21 years.
(2035)
They told us that their fathers and their grandfathers had started
these negotiations, and I recall that applause was prohibited in the
gallery. I think that the guards at the time were understanding and
3471
allowed these people to express their happiness at a settlement
after 21 years of negotiations.
We must now see not only whether Bill C-6 before us today is in
their interests, but also whether it will have an impact on them. And
I would also remind you that negotiations are still outstanding in
ten cases. I do not know the size or date of a final settlement for
these nations, but they are still awaiting a final settlement on their
land claims and their right to self-government.
Among others, I see that Dawson First Nation is in Dawson City,
which used to be the capital of the Klondike. I mentioned it earlier,
and I also told you about the Midnight Dome, but I could also tell
you about the casino that used to feature the Folies Bergères back
then. I do not know whether my colleague had the chance to visit,
but it is truly a glimpse into the past. The streets are unpaved and
the casino is a very popular place. The hotels are also authentic. I
myself had a drink with my native friends in the local saloon. It is
just as it was at the beginning of the century, really something.
Half of the city belongs to Heritage Canada, which is anxious to
preserve this considerable heritage. There is even a wonderful
theatre, which is rather like today's versions. There are even boxes
for those who had been more successful in their prospecting than
others and could afford to rent a box for the whole year, close to the
stage, while the poor devil who had had bad luck finding gold had
to settle for being way at the back. The same values applied in
Dawson City at the turn of the century. There was also a First
Nation there, one which would certainly have to be consulted first
of all, in order to determine the impact of Bill C-6, for it is on their
land that nature has been the most ravaged by gold and quartz
mining.
As well there were other First Nations: Kwanlin Dun and Silkirk,
Carmacks-Little Salmon, Ta'an Kwach'an, Ross River, Carcross,
White River, Liard, the Kluane Council, all of whom are on the
path to self government and are involved in as yet incompletely
settled land claims.
So, even though we are aware of the legislator's intent, which is
to put a little more discipline in place on the mining industry in
order to protect the environment, I think that the Bloc Quebecois
will make it its duty to keep a watchful eye and to check with all
those people on the true impact of Bill C-6. If necessary, we will
look at the regulations and ensure that everything is done properly.
We also have environmental concerns. We are in contact with the
Yukon Fish and Wildlife Board, which is in the Yukon and is
primarily concerned that the bill will provide for costs in the event
of bad land management. If, in category II or III, for example, a
plan was not followed and damage has been done to nature, the
people will eventually have to pay.
The bill provides that people deposit a certain sum of money in
advance, so it is available in the event of damage. In the past,
companies left the environment in a terrible state when they left.
The Yukon Fish and Wildlife Board does not think the money
operators are required to put down before they start is enough.
(2040)
The board recommends that operators in activity category (e) put
down a security deposit equal to the cost of returning the site to its
original state. This is what I wanted to say not just for category I
but for all the other categories. They are not asking for a sum
equivalent to the danger involved, but they are asking for a little
more than the bill provides, or at least a chunk of it, so that, if
disaster happens, the money provided by private enterprise, rather
than society, is used for the clean up or for the damage caused.
I am briefly summarizing the bill. We consider it a significant
improvement over existing laws, particularly as concerns
environmental regulations. I believe I dealt with it extensively.
At the time, shameful exploitation was going on. The
environment was not a concern then, it did not matter. Nowadays, it
does. The intent of the legislator is to improve the situation, we do
agree.
As I said, this bill did not come out of the blue. The result before
us today is the result of a consultation process conducted by a
committee whose membership I mentioned. Some members
complained, probably for not having being able to attend as often
as they would have liked.
However, one must admit that on the face of it, the result seems
to be the result of a compromise. I say it again, the intent of the
legislator was to have a consultation process, which can be
criticized, but for the time being we see the result as a compromise.
Environmental and native groups seem to think that we did not
consult sufficiently. This cannot be checked easily. We still have
more consultations to do. There could have been some deficiencies
regarding the consultation process, but would that justify
questioning the whole bill? Today, we answer no. We feel that, as
the intent is to protect the environment a little more, it is important
to let the bill progress.
In committee and during third reading, we could propose
amendments to satisfy all the interested parties from the Yukon.
The Standing committee must hear the representative groups to
ensure an adequate legislation. Up to now, about ten groups have
requested to appear before the committee, I think. I am not one of
those who say right away that everyone will be heard. We may have
to pay more attention to those who already have grievances. As for
placers and mining companies, we have already received letters of
3472
support saying: ``As far as we are concerned, the bill is perfectly
adequate''.
Where there are problems, we will listen to what people have to
say and, if necessary, we will make changes. This is what the
legislative process is about. This is the purpose of the three
readings. This is why standing committees review legislation. The
purpose of the process is precisely to improve the bills before us.
We have to take the time and use the resources to make these
people welcome and listen to what they have to say.
As far as consultations are concerned, if there is a need for
further consultations in committee or otherwise, the limited
financial resources of First Nations should be taken into account. It
is always a problem.
It is not easy to tell people from the Yukon: ``Come before the
Indian affairs committee in two or three weeks''. It costs money
and, usually, these expenses are not entirely paid for by the
committee. The native people have some difficulty and, after
listening to them, we realized that maybe that is what caused a
problem with consultations in the Yukon. It required so much time
and such financial resources that these people had difficulty
following the tempo of the consultation committee.
In the next stages, namely the committee and third reading
stages, we will have an opportunity to hear from them and we will
see what they have to say.
In conclusion, the Bloc Quebecois will vote in favour of Bill C-6
at second reading stage, but we still want to hear representations
from all the groups that wish to appear before the standing
committee.
I think that once we have heard these people, fulfilled our duty as
legislators, taken into account all of the representations, complaints
and recommendations and we made all appropriate efforts to
improve the bill as necessary, it must be remembered that Bill C-6
shows the government's good intentions. The Bloc Quebecois
supports Bill C-6 for now, except for the small reservations we
mentioned. At second reading stage, the Bloc Quebecois will
endorse Bill C-6.
(2045 )
[English]
Mr. Chuck Strahl (Fraser Valley East, Ref.): Mr. Speaker, I
am pleased to rise at this hour and speak to Bill C-6. I do not have
as many lively stories about dancing girls and entertainment in the
far north, but from the member's comments it sounds like a good
place to visit and I had best get there as soon as possible.
On behalf of the Reform Party, I am pleased to support second
reading and referral to committee of Bill C-6, an act to amend the
Yukon Quartz Mining Act and the Yukon Placer Mining Act which
are old acts, 1924 and 1906 respectively. We will be recommending
acceptance of the bill with no amendments.
To reiterate one problem with the bill, both our mining critic and
our aboriginal affairs critic had hoped that the bill would be
referred to the natural resources committee. The bill deals
exclusively with mining activity but I understand it is within the
prerogative of DIAND because of the location of the activity north
of 60.
The natural resources committee has dealt extensively with
mining regulations. It has just gone through a major review of
Canada's mining regulations with a report to Parliament on the
mining activity within our country. It seems a shame not to take
advantage of referring this bill to that committee since the bill is
about mining and not about aboriginal people. It seems to us that
we are not taking the best advantage of the expertise in committees.
We had hoped that since there is no other bill before the natural
resources committee it could have dealt with this one.
I realize the bill does deal solely with mining. Of course, mining
is extremely important to Yukon. About 30 per cent of the entire
economy of Yukon is mining related. By far it is the biggest
industrial activity in that territory. The importance of this bill to
that industry cannot be overstated.
A bigger part of Yukon territory's economy is the federal
government. At a time when the federal government is being forced
to cut back in all areas by billions of dollars, transfers to provinces
specifically by some $7 billion, health care, education and other
former untouchables seem to be on the chopping block, we must
ensure that we support whatever industries we have in any part of
the country.
It is important that the mining industry not be damaged by this
bill. One of our first considerations when we looked at the bill was
to see if any of the proposed changes would harm the mining
industry in Yukon and if the legislative framework was similar to
that in which the mining industry was accustomed to functioning. I
am glad to say the bill will do the job for the industry in that area.
Although the mining industry is important, the people of Yukon
and elsewhere in Canada would say that the protection of the
environment is of primary importance. The mining industry has
taken a lot of bad raps, some them deserved, for its activities in
times past, but the industry is making a very conscientious effort to
clean up its act and its mining sites.
(2050 )
In that sense it is important that the people in Yukon and in all of
Canada be reassured that this bill will not result in a lowering of
environmental standards. In this day and age it is just not going to
be accepted, nor should it be accepted, nor, to give the mining
companies credit, do they want a lowering of the environmental
standards. The environmental protection aspect of the bill is also
important.
3473
There is a misconception about what has been going on in
Yukon prior to the passing of Bill C-6. Many people wrongly
believe that few or no environmental controls are in place
regarding placer and hard rock mining in Yukon territory. That
simply is not true. This act will supplement many pieces of
existing territorial and federal legislation enforcing the
environmental concerns on Yukon miners, including the Canadian
Environmental Protection Act. Any activity that involves federal
moneys, federal land or federal permission can and does trigger
a Canadian environmental protection assessment on that activity.
Anything that happens up there already comes under that purview.
In addition to the Canadian Environmental Assessment Act,
Yukon mining is also subject to the following acts: the Fisheries
Act, with fines ranging up to $1 million; the Yukon Waters Act,
with fines of up to $100,000 if they foul up; the Arctic Waters
Pollution Prevention Act; the Territorial Lands Act; the Dangerous
Goods Transportation Act, with fines of $100,000 if they botch it;
the existing provisions of the original Yukon Quartz Mining Act
and Yukon Placer Mining Act; and several Yukon statutes,
including fire and forest prevention, gasoline handling, the Miners
Lien Act and the Occupational Health and Safety Act, and on and
on.
Yukon mining is well regulated already. We needed to modernize
it and bring it under one umbrella, under one piece of legislation.
We needed to fill the gaps and to make both the regulations and the
enforcement regime easier to understand and more consistent
throughout all of those different acts I have just referred to.
I mentioned that the mining industry across Canada is on record
through the Mining Association of Canada and certainly in my
speaking with them, as being in favour of strict environmental
controls. As long as this legislation is clear, timely and orderly and
it is based on science rather than politics, the mining association
will have no trouble with it.
One of the main things which has been a very productive part of
Bill C-6 is the way in which the bill has arrived at this stage. The
legislation was developed through five years of consultation with
all stakeholders in Yukon. All of us like to see things happen in a
hurry but in this case the go slow process was very productive.
Many pages of accompanying regulations are still to be drafted and
there are concerns that will have to be addressed as we try to
enforce this legislation.
The Department of Indian Affairs and Northern Development
has been engaged for some time in consulting with the Yukon First
Nations regarding proposed regulations. There have been quite a
number of drafts, 13 drafts as has been mentioned, just to reflect
the various viewpoints of all the groups involved to date. The facts
appear to indicate that DIAND representatives in Yukon are
making a sincere effort to ensure that once again all stakeholders
are involved in finalizing the new regulations.
The new regulations will be extensive. They are not included in
the bill itself. Except for the generic headings under which the
government will now have to make up those regulations, we are
going to have to look at the regulations separately from the bill to
make sure that they are workable and so on.
I have heard people nitpicking about certain regulations or
concerns about the bill. I am nervous that people who sit on other
House committees and have not watched this process go through
for several years are going to propose nitpicking amendments and
changes to the bill as we go through second reading.
(2055 )
We in the Reform Party are convinced that there have been
extensive consultations on this bill with all of the stakeholders,
with aboriginal people and non-aboriginal people in the area, with
the mining association, with the Yukon self-government people and
so on. They have all had input and are satisfied that Bill C-6 is as
good a piece of legislation as we can get to bring together all of the
disparate groups. All of them have been involved throughout the
five years.
We will not be proposing amendments at this stage because of
the extensive consultations. As long as the grassroots have been
consulted properly, when they come to a consensus with that many
viewpoints then we had best go along with it. We are not going to
suggest to people who have put that much time and effort into it to
get a consensus that now is the time for someone sitting in Ottawa
to pull a word out from here and there to try to improve it.
Certainly some concerns remain with both environmentalists
and some of the prospectors. There are concerns which have been
brought to our attention from some prospectors who fear that new
regulations may have a negative impact on some very small, hard
rock operations. They feel that those small operations may have to
jump through so many hoops and go through so much costly and
time consuming bureaucracy that the small operations may no
longer be viable. Again, we will be watching those regulations. We
hope there will be ways to ensure they will be able to do their work.
Although we will be supporting the bill, it is worthwhile to note
again that on the greater issue of mining regulation in Canada we
have been promised things and deadlines have come and gone.
Deadlines have been set by the Liberal government which have
come and gone on the streamlining of the regulatory process. The
industry minister promised regulatory reform by last December
and it has not happened. The natural resources minister promised
regulatory harmony between the provinces and the federal
government and that has not happened. The government must
ensure that
3474
it goes beyond the good promises and the good talk. We have to
start walking the walk.
This bill will work in Yukon, but south of 60 we need some
regulatory streamlining. It has to happen. The mining association is
no longer thanking the minister for her good comments, it is
demanding action.
In this bill a delicate balance has been struck which the
Department of Indian Affairs and Northern Development states
will not have a negative impact on mining. Mining is the most
important private sector contributor to the Yukon economy. We
want to register our strong belief that the House should act to fulfil
the local expectations of the people of Yukon who have helped to
put this together by passing this bill as soon as possible.
Hon. Audrey McLaughlin (Yukon, NDP): Mr. Speaker, I am
pleased to speak this evening on Bill C-6, which represents
amendments to the Yukon Quartz Mining Act of 1924 and the
Yukon Placer Mining Act of 1906. Both pieces of legislation have
not been substantively amended since the time of regional
enactment.
I would like to preface my remarks by saying that Yukon, which
has a geographic land mass the same size as Sweden and a
population of 32,000, is undergoing a number of processes which
have been referred to by other speakers this evening. One of them
is the land claims and self-government process approved by the
House last year. At the same time the resource activities are
undergoing a lot of scrutiny in Yukon.
I am pleased to say that in this case mining does represent a very
large proportion, about 30 per cent, of Yukon's economy. It has
been a very significant part of the economy since the days of the
gold rush and it continues to be today. In fact, mining activities in
Yukon today are on the increase.
(2100)
One of the challenges in a territory the size of Yukon, which has
in many ways the characteristics of the last frontier, is how we
preserve the environment, ensure the wilderness is preserved and
enhanced, as wilderness tourism is a large part of our economy, and
ensure mining activity can responsibly take place.
I have never believed the issue is mining versus environment. I
believe we are able to come to a conclusion, an agreement, a
balance between those two. We can have responsible mining
activity and legitimate, realistic environmental regulations that do
not undermine the industry and the environment. I think the
process that took place to come to these amendments in Bill C-6
goes some way to achieving that.
As mentioned by the previous speaker, the whole issue of
streamlining regulations in support of the mining industry is a very
complex regulatory regime in Canada. In Yukon I address
specifically a very complex regulatory machine for the mining
industry. I had hoped these amendments would help substantively
not to reduce regulation but to streamline it. This legislation does
not meet that test. It does not significantly streamline the process,
as we could do while not undermining the sector and not
undermining environmental regulation.
The bill is intended to bring in Yukon mining legislation and
particularly exploration. It is not that there is not any
environmental regulation at the moment, but particularly in the
exploration sector there has not been an environmental regime of
any strength. This bill will bring much of the environmental
regulation in conformity with other jurisdictions and federal
legislation.
As other speakers have mentioned, the amendments are the
result of a process which I would like to refer to because I think it is
very important. It began in 1990. It was a process that involved
stakeholders of the industry, the territorial government, the federal
government, the department of fisheries, the Department of Indian
and Northern Affairs, Yukon First Nations. A committee was
established with an independent chair. That was particularly
important in terms of the process because it meant that no one
stakeholder, no one government department was in control of this.
It truly was a body made up of all interested parties chaired by a
person independent of any one group. Much of the success of this
process must be given to the establishment of that form of
independence and grassroots development.
It is not a process without problems. During the time this
committee was established in 1990 the federal government
changed, the territorial government changed and there were certain
changes to federal legislation. For example, the waters act used to
be the federal inland waters act. It became the Yukon Waters Act.
All of these changes obviously brought about changes in the
working of the committee.
Unfortunately the committee did not have staff resources
dedicated specifically to that committee. There was a certain lack
of ability to follow up and implement both consultation processes
and other processes related to the technical aspects that had to be
done by the various departments and stakeholders.
In general it was a good process, one that could really be looked
at in other resource sectors. At the moment I am looking at this in
terms of the forest resource sector in Yukon because it was an
attempt to involve everyone and to come to some kind of made in
Yukon solution which would address industry, environmental and
public policy concerns in this sector.
It was also hoped that would streamline the process and it
probably has not done a lot of that, but there is some integration of
various processes, not probably going nearly as far as we should go
in this area, but there is some of that.
3475
(2105)
The challenge was to find a consensus and a balance between
industry and governmental and public views. It proved very
difficult because of the many changes taking place at the time.
There were governmental changes in jurisdiction of legislation and
the land claims and self-government processes.
There is no legislation currently that requires the mitigation of
environmental effects of mining activities on claims until the
operator has applied for a licence from the Yukon Water Board. Up
to that point there is no environmental requirement. This addresses
the exploration stage and not necessarily the development and
working stage.
At the point of applying for a licence to operate from the Yukon
Water Board, the assessment processes under the Canadian
Environmental Assessment Act take place, but it was clear
provisions needed to be instituted for exploration in order to
conform to general environmental principles.
This act attempts to address this. Mining activities are further
regulated by other federal acts such as the Fisheries Act, the Yukon
Waters Act and the Canadian Environmental Assessment Act.
Bill C-6 sets out four categories or classes as identified in the
legislation related to exploration, class one, class two, class three
and class four.
There is at the moment no legislation in place to regulate land
use activities on mining claims during exploration. Each mining
activity now, pursuant to this legislation, will come under one of
the classes.
It is proposed that there will be a six month phase-in for the
provisions on the Yukon Quartz Mining Act and a 12 month
phase-in for amendments to the Placer Mining Act. That is why it is
quite important. We have already missed this year's mining season,
which is in full swing now. It is important that we try to deal
thoughtfully but expeditiously with this legislation so that it can
begin to be put in place for the coming months and mining season.
One of the things that is extremely important about this
legislation, a very positive point, is there is provision for a two year
review after implementation of this act. This is important because
often when laws and regulations are made in Ottawa and even by
the territory in operation they may not prove to attain the objectives
intended. It is a very positive part of this act that the two year
review period is incorporated to ensure the act is meeting the
objectives for which it was intended.
In its present form Bill C-6 has the support from both the hard
rock and placer mining industry, noting that this was intended to be
a consensus. Last summer, as recently as two weeks ago and
certainly for the nine years I have been member of Parliament I
have attended many meetings. I visited many mines, both
underground and placer. There is a real anxiety in the mining
industry that regulations will become so onerous that especially the
small operators will not be able to function.
The committee was extremely sensitive to this because in Yukon
placer mining in particular is often a family run business. I often
compare it to Saskatchewan family farms because that is really
what it is like. One does have to be sensitive that in small
operations regulations can be conformed with in a way that it is
commensurate with ensuring that business can continue.
There was a lot of suspicion and concern. In the end, the
consensus making process certainly produced no winners. People
in the mining industry were not necessarily happy with some of the
provisions and, as I will mention later, other participants had some
real concerns as well.
(2110 )
Letters I have received indicate that members of the industry,
including the Yukon Chamber of Mines and the Klondike Placer
Miners Association, are totally in support of this legislation in its
present form and would like to see it passed in its present form.
Other groups have some concerns. As legislators, as federal
parliamentarians, it is important to listen to those concerns in the
committee process. The Yukon Conservation Society, which was a
member of the Yukon Mining Advisory Committee, has withdrawn
its support for this legislation.
The Council for Yukon First Nations has some concerns on
specific issues but also regarding the fact that there was some
difficulty with a lack of resources in being able to fully do a
consultation with all the 14 First Nations. In support of the
department, DIAND has made a special effort to do that
consultation with the First Nations, although there was a
representative on the Yukon Mining Advisory Committee. These
are real concerns about this process.
The Yukon Fish and Wildlife Management Board, established
under the land claims agreement, also has some reservations.
While I am generally supportive of the legislation and I would like
to see it supported by the House and go to committee I believe
those expressing these concerns have some valid points which we
must seriously consider in committee. Some of the recommended
amendments must be addressed by committee members.
I will briefly outline some of the concerns which will come
before the committee. Perhaps one of the most consistent concerns
is that related to class one activities. Class one activities do not
require notification to the public, to the government in either case
of quartz or placer mining. This is opposed to the other three
classes, which do.
3476
Mining activity can impact on sensitive wildlife habitats. I have
a case now which is interesting. In the city of Whitehorse staking
is taking place on a greenbelt which is basically a park in a
residential area. This is occurring three feet from people's
backyards.
These greenbelts were established in a densely populated area to
represent a buffer area. This is of considerable concern to
homeowners, although it is perfectly legal under these acts and that
would not necessarily be changed by Bill C-6. Members of the
House might think about how they would react if they looked out in
their backyards and someone was slashing trees and putting up
stakes for a mining claim.
This can be resolved because under the act it is possible for the
city of Whitehorse to make requests to the federal government to
withdraw these lands from staking. The city has been doing this,
and I am in support of this. It is one of those things that obviously
strikes people as the kind of challenge that occurs with regard to
mining. It is related to the second issue and concern raised by
several groups, which is in many ways the same issue, free entry.
In other words, it is quite legitimate under the law to go into any
area and stake, as in the above example. Exploration can take place
on any public land. Some groups make the point, which I think is a
serious one, that the principle of free entry is incompatible with
long term conservation of fish and wildlife habitat. If they do not
have to do any kind of study, if anyone can go without first
establishing whether it is a sensitive area, clearly there may be a
real conflict about the free entry principle.
The Canadian Parks and Wilderness Society states that by having
the free entry principle the ability of the government is limited to
place terms and conditions on mining exploration in sensitive
areas, an issue that does have to be considered by the committee. I
am sure that the Canadian Parks and Wilderness Society will want
to put its point of view before the committee.
(2115)
A third issue mentioned by several groups is the requirement for
security which must be posted by operators. Bill C-6 states that
security can be requested where the risk of significant impacts are
likely or where the operator has a poor track record. The amount of
security, according to the bill, is limited by reasonable cost to
perform the required mitigation of any damage that is caused by the
mining activity.
The concern is really rooted in the experience of the past. I agree
with my colleagues who have said that the mining industry's
reaction and the Mining Association of Canada are very strong in
their support for environmental regulation. In some ways we are
dealing with concerns about what has happened in the past,
although I have to say that in my very recent experience I have
seen situations where mining companies have left or gone bankrupt
and the taxpayer has been left with the bill for clean-up. The point
that various groups are trying to make is that this should not be the
responsibility of the taxpayer but should be the responsibility of the
industry.
An example of that right now is in an area near Carcross, Yukon
where there was a mine. It was discovered a couple of years ago
that arsenic was leaking into the water, into the land, into the
berries and into all of the flora around that area and affecting the
animals. The owners, Venus Mines, have long since disappeared. It
is estimated that the cost to the taxpayer of the clean-up will be
minimally $800,000. This is a relatively small mine site so one can
appreciate the concern that is expressed here about the discretion of
the security and whether there might not be a better requirement for
security to be placed.
Such impacts of mining should be, as the Canadian Parks and
Wilderness Society states, a cost of doing business and not an
infinite liability to the taxpayer.
Therefore, the issue of posted security must be reviewed under
Bill C-6. I agree that we do not want to make extensive
amendments to this bill. It is a result of a consensus process. At the
same time there are substantive issues that must be thoroughly
reviewed, heard and considered by the committee.
In summary, the general principles of this bill are supportable.
The process had some flaws but in general it was a positive attempt
to reach a consensus on a very contentious issue. I would say that
all participants and, in particular, the chair, must be commended for
their efforts and various governments, both the previous and the
current one, for their support of this process.
It is recognized by all participants that there were no clear
winners in this, that everyone had to give up something. I suppose
that is a model we might look at in Canada and as usual it seems to
me the Yukon is setting a good model for the rest of Canada.
I would interject in summary one cautionary note. This
legislation will only be effective if the Government of Canada is
prepared to put in place the resources to enforce the legislation. I
am very concerned that with federal cutbacks we will not have
those resources. I hope the government will make a clear
commitment that there will be sufficient resources for enforcement
of the legislation. I must say that if there are not, it will simply
increase in the public the suspicion of government making laws
which it either cannot enforce or does not intend to enforce.
On that cautionary note I would urge the government to consider
this. The House has a responsibility to carefully consider the views
of all interested parties. I urge a careful review by the committee of
3477
the points I have raised and I urge passage at second reading so we
can get to the discussion of these issues.
(2120 )
Hon. Charles Caccia (Davenport, Lib.): Mr. Speaker, I would
like to congratulate the member for Yukon for making such an
interesting presentation and for giving us a firsthand account of
mining in her riding. It comes from someone who knows of what
she speaks, whereas in my case I go into that magnificent area only
every three or four years and gather impressions without being able
to get into greater depths on some of the mining issues.
The member for Yukon indicated in her speech, if I understood
her correctly, that the bill does not streamline the regulatory regime
enough. I would be interested if she could briefly elaborate on what
kind of regulatory regime she would like to see.
I would also like to ask her what, in her view, considering all the
interested parties she described in her speech, would be a
sustainable mining policy for her region. Does she think that the
Whitehorse declaration is adequate as a document? If I remember
correctly, it was announced a couple of years ago. Is it being
implemented or has it remained a declaration on paper? Does she
see evidence that the document has become part of the mining
activities in that area?
I was glad to hear the member refer to the fact that there are
some reservations on the part of certain organizations. She referred
to the Yukon Conservation Society which apparently has
withdrawn its support.
To conclude, I recall some of the mines in northern British
Columbia on the border of Yukon where the mining tails are left in
a very undesirable condition. The landscape, the condition of the
soil and the surface are left in a degraded state. It makes one
wonder if the mining community takes no responsibility for taking
care of the surface and the water conditions after a mine closes.
I am sure the member for Yukon has experience in matters
related to mining closures. I would be very grateful if she would
give us her views on these aspects which relate to her region.
Ms. McLaughlin: Mr. Speaker, those are a number of issues but
I will try to address them all.
First is the streamlined regulatory regime. Please note that by
streamlined, I do not mean fewer regulations or undermining
environmental regulation. At one time there were approximately 10
pieces of legislation to which a small mining outfit would have to
adhere. Unless there are adequate resources from both the
Government of Yukon and the federal government to implement
this, it causes the small operator a tremendous problem. I am quite
empathetic for streamlining.
There is some streamlining in the bill. Through the Yukon waters
act there has been an attempt to ensure that when operators go
through that process, they will also be dealing with approvals in
other pieces of legislation.
I certainly am empathetic to the small mining operations when
they talk about how difficult this can be. Sometimes it is just a lack
of personnel and staff resources to deal expeditiously with a mining
outfit because they have to go into the field which is sometimes
geographically difficult to reach.
I would like to reinforce the point I made in my remarks that the
federal government must be committed to facilitate and process the
enforcement of any such amendment that is passed, such as Bill
C-6.
(2125 )
Sustainability is a huge issue. I know the member for Davenport
has a very extensive knowledge and interest in this. In the 17 years
that I have lived in the Yukon there have been constant discussions
about how to balance the resource activities and the preservation of
the wilderness.
Some people think that wilderness is just a bunch of trees sitting
around waiting for something to happen. However, others actually
believe that it has a tangible value. For example, fur trapping,
which is always a very contentious issue, is something which is
environmentally sustainable. It is one of the environmentally
sustainable, non-intrusive forms of economic development in
wilderness areas.
We need a mix and a balance. The process that took place with
the Yukon Mining Advisory Committee, because it did include
environmental groups, was an attempt at that kind of balance. It is
never easy and that is why no winners came out of this, but there
was an expression of goodwill by all of the stakeholders.
While I have mentioned some of the changes that the
environmental community, including the Yukon Conservation
Society and the Canadian Parks and Wilderness Society, would like
to see, they are definitely not saying they do not want to see mining
or improvement, they just want to see a greater degree of
improvement in this legislation.
As to the Whitehorse initiative on mining, the general view
seems to be that it is proceeding. I do not think that it has lapsed
into a complete vacuum, as sometimes happens with these things.
In general, there is support for what is happening, certainly in the
industry. Again, it is trying to come to grips with the various values
that are represented. In the Yukon it is the First Nations who have
an interest in economic development and in some cases now have
shares in mining companies and see this as part of their economic
development.
Finally, on the responsibility of mining companies in
reclamation and abandonment of sites, there have been extremely
negative examples of that, particularly in hard rock mining but also
in placer mining. As I mentioned in my remarks, the taxpayers had
to pick up the bill. These are questions that I have challenged when
I have
3478
met with the mining industry. We have to look at this as a cost of
doing business.
As the member knows, there have been changes in the legislation
that mining companies have to put up front environmental deposits
for reclamation. Here we are talking about exploration and saying
we should be doing the same thing.
The Acting Speaker (Mr. Kilger): Is the House ready for the
question?
Some hon. members: Question.
The Acting Speaker (Mr. Kilger): Is it the pleasure of the
House to adopt the motion?
Some hon. members: Agreed.
(Motion agreed to, bill read the second time and referred to a
committee.)
_____________________________________________
3478
ADJOURNMENT PROCEEDINGS
[
English]
A motion to adjourn the House under Standing Order 38 deemed
to have been moved.
Hon. Charles Caccia (Davenport, Lib.): Mr. Speaker, the
question for discussion tonight is when will Canada ratify the law
of the sea convention. The convention is designed to protect the
world's fisheries, stop the pollution of oceans and advance the idea
that ocean resources belong to humanity and all of humanity is
entitled to share in their benefit and use.
In the late seventies and early eighties, Canada was a leader in
preparing this convention and among the first to sign it. To come
into effect, the law of the sea convention needs to be signed and
ratified by 60 countries. This was accomplished on November 16,
1994. In total 92 states have ratified the convention. China has
recently stated its intention to ratify and Spain is expected to do the
same by the end of June.
(2130)
In Canada the speech from the throne restated the government's
intent to ratify the law of the sea, but this has yet to occur despite a
commitment in the red book, despite a recommendation in the 1994
report of the special joint committee of the House of Commons and
the Senate reviewing Canadian foreign policy, and despite two
commitments in the House by the former minister of foreign
affairs. Twice the former minister said ratification by Canada was
imminent.
On April 29 of this year the present minister linked the
ratification of the law of the sea convention to the importance of
ratifying another convention, the convention on straddling stocks,
which also deals with the protection of fisheries and oceans.
However, there seems to be a reluctance within government to
understand that ratifying the law of the sea is a necessary first step
in protecting Canada's fisheries and oceans. Once the law of the sea
is ratified Canada will gain the necessary credibility to help ensure
the straddling stocks convention is ratified by a sufficient number
of states so as to be brought into force.
The lack of understanding does not seem to rest with the
Department of Foreign Affairs. It seems to rest with the
Department of Fisheries and Oceans for some strange reason. In
other words, there seems to be an impasse between these two
departments which is damaging and embarrassing to Canada
abroad.
Tonight I ask the parliamentary secretary to the minister when
this impasse will be broken. Surely now that 92 nations have
ratified the law of the sea, including Australia and France, Canada
should act. Ratification is long overdue. Our absence from the
international community is damaging. A red book and a throne
speech promise has been made. What are we waiting for?
Mr. Ovid L. Jackson (Parliamentary Secretary to President
of the Treasury Board, Lib.): Mr. Speaker, it is my pleasure
tonight to respond on behalf of the Minister of Foreign Affairs to
my colleague from Davenport, a great environmentalist and a
person who is concerned by and large about the quality of life for
all human beings on the planet.
Canada was one of the most active participants in the
negotiations of the United Nations Convention on the Law of the
Sea, which it signed in 1982. Canada's participation in the
convention stemmed from its general support for the rule of law
and multilateral process and its extensive coastlines and substantial
continental shelf.
For many years Canada did not ratify the convention due to
problems with the provisions on the exploitation of the deep sea
bed. These problems were resolved by an agreement signed by
Canada on July 29, 1994.
While the convention recognizes the exclusive authority of the
coastal state to manage and conserve living resources in the
exclusive economic zone, its provisions on the conservation and
management of high seas fish stocks were vague and incomplete.
From 1993 to 1995 Canada played a key role in the development of
the UN agreement on straddling fish stocks and highly migratory
fish stocks. This agreement, signed by Canada on December 4,
1995, strengthens and supplements the high sea fisheries
provisions of the convention.
The government is committed to the ratification of the
convention, which will enable Canada to continue to defend its
interests in future developments in the law of the sea, in particular
through participation in the institutions created by the convention.
3479
It is a longstanding Canadian practice before proceeding with
ratification to first to put in place legislation needed to implement
the terms of an international agreement. This is to avoid a situation
in which Canada would be in breach of its obligations under the
agreement upon ratification.
On February 27, 1996 the government announced in the speech
from the throne that the legislation to ratify both the convention
and the agreement will be presented to Parliament.
The Department of Foreign Affairs and International Trade, in
consultation with the Department of Justice and other affected
departments, is actively engaged in the preparation of draft
legislation which will enable Canada to ratify the convention.
Officials are currently working to resolve the outstanding issues.
We anticipate the tabling of the bill to implement the convention in
the coming months.
The Acting Speaker (Mr. Kilger): The motion to adjourn the
House is now deemed to have been adopted. The House stands
adjourned until tomorrow at 2.00 p.m., pursuant to Standing Order
24.
(The House adjourned at 9.35 p.m.)