CONTENTS
Friday, December 6, 1996
Bill C-62. Consideration resumed of motion forsecond reading 7175
Mr. Martin (LaSalle-Émard) 7186
Mrs. Dalphond-Guiral 7186
Mrs. Dalphond-Guiral 7186
Mr. Martin (LaSalle-Émard) 7187
Mr. Martin (LaSalle-Émard) 7187
Mr. Martin (LaSalle-Émard) 7187
Mr. Martin (LaSalle-Émard) 7188
Mr. Martin (LaSalle-Émard) 7189
Mr. Martin (LaSalle-Émard) 7192
Mr. Martin (LaSalle-Émard) 7192
Bill C-62. Consideration resumed of second reading 7195
Bill C-266. Consideration resumed of motion forsecond reading 7206
(Motion agreed to, bill read the second time andreferred to a committee.) 7207
7175
HOUSE OF COMMONS
Friday, December 6, 1996
The House met at 10 a.m.
_______________
Prayers
_______________
[
English]
Mr. Paul Zed (Parliamentary Secretary to Leader of the
Government in the House of Commons, Lib.): Mr. Speaker, I
move:
That, immediately after the conclusion of Private Members' Business on Tuesday,
December 10, 1996, the House shall consider a motion ``That this House take note of
the fiftieth anniversary of the adoption of the United Nations Universal Declaration
of Human Rights in 1998 and the importance of this declaration in the promotion of
human rights both domestically and throughout the world,'' and that during the
consideration of this motion no quorum calls or dilatory motions shall be received
and that, at the end of the three hours of consideration or when no Member rises to
speak, whichever is earlier, the House shall adjourn to the next sitting day.
(Motion agreed to.)
_____________________________________________
GOVERNMENT ORDERS
[
Translation]
The House resumed from November 27, 1996, consideration of
the motion that Bill C-62, an act concerning fisheries, be read the
second time and referred to a committee; and of the amendment
and the amendment to the amendment.
Mr. Yvan Bernier (Gaspé, BQ): Mr. Speaker, before I start my
speech, I think it should be pointed out that there were five minutes
left for questions and comments, following the Reform member's
speech. I believe the hon. member concerned is not here this
morning. Therefore, I will get on with my speech.
I am pleased to address the amendment and the amendment to
the amendment proposed by the Reform Party, asking that the bill
be not now read a second time but that it be referred to the Standing
Committee on Fisheries and Oceans, so as to allow the government
and members of this House to review the basis of this legislation.
In our humble opinion, we in the official opposition agree with
Reformers that, in its current wording, the bill does not make sense.
Therefore, we will support the amendment proposed by the Reform
Party.
I should remind the House of the Bloc's position. During the
debate on the main motion, I mentioned three major irritants. The
amendment and the amendment to the amendment proposed by the
Reform party provide us with another opportunity to stress the
three major irritants in this legislation.
Let me say from the outset that those main irritants relate to the
management agreements referred to in clause 17. These
agreements allow the minister to invite, at his discretion, classes of
fishers or persons of his choice to enter into management
agreements, and therefore share the wealth among themselves.
However, all this is discretionary. Fishers involved will not know
the rules of the game, because the bill is silent on this issue.
The second major irritant relates to the delegation of powers.
While our views may sometimes differ from those of Reformers,
we should discuss them again in committee and then come back
here with a proper solution.
(1010)
According to the Bloc Quebecois, the delegation of authority
proposed in the bill is inadequate and, more to the point,
contradictory. I will explain why in a bit more detail later on.
The third irritant in the bill is the creation of fisheries tribunals,
to be found in part III, I believe. In my view, these tribunals are just
an excuse so the minister can set up a quasi-judicial system of
administrative awards.
They say that future members of the tribunals will be appointed
for three years only. At the present time, decisions are made by the
regional directors of Fisheries and Oceans. What is the difference
between a decision made by a regional director and an official
appointed for three years by the minister? Three years is not very
long to learn how to exercise one's responsibilities with diligence
and transparency, and in a non-political manner.
There are other irritants, particularly concerning the
environment. My colleague, the member for Laurentides, will have
an opportunity to speak to this today. I must point out right off the
bat
7176
that the Bloc Quebecois sees serious problems with the provinces.
The way the bill is worded, the government is giving itself new
powers, or increasing those it already has. If the federal
government does not like the way the provinces are managing their
environment, it will be able, with this new bill, to claim that its
authority takes precedence. We object to that.
I will now be more specific. I spoke about the main irritant of the
management orders. I think the government is up to no good. I see
that the secretary of state for agriculture, and fisheries and oceans
is listening to us very attentively this morning. I will therefore take
this opportunity to try to instruct government members.
An hon. member: It will not be easy.
Mr. Bernier: No, it will not be easy, but I will try to be as clear
as possible.
I will start by giving an example, and perhaps the secretary of
state will understand. Last spring, the fishery helped develop an
agreement in principle for the management of certain stocks.
I would remind the secretary of state that crabbers from zone 12,
whom he must have heard of, participated in good faith in last
spring's exercise. What happened? At the request of the former
Minister of Fisheries and Oceans, officials of that department
worked in good faith with fishers to establish a framework
agreement. It will be recalled that officials duly authorized by the
former minister ratified the agreement with the crabbers in
question.
When the new minister took up his duties in February 1996, he
repudiated their signatures, signing the death warrant for this
agreement in principle.
The secretary of state will have a chance to speak shortly.
(1015)
The main thrust of this is that, when one wants to establish a
partnership, first of all, if one wishes to respect the spirit of
partnership-I see that the hon. member from Newfoundland
understands, and is listening to me; I hope he will be speaking
shortly-one must establish an atmosphere of trust. That
relationship of trust has been broken. Without going into further
detail, I know there is a case currently before a judge, in Moncton I
believe, in which crab fishers are seeking a decision on whether the
minister was justified in dumping this agreement in principle, as
well as on who will have to pay the costs the industry incurred to
establish this agreement.
It is immediately evident that the government took a position
right from the start, by wishing to implement these partnership
agreements.
An additional remark can be made here concerning the fisheries
management orders. I have already referred to the discretionary
powers of the minister. I have met with several fishers'
associations and they are anxious to find out who can be a party to
these agreements, how one becomes party to one, and what the
mechanisms will be.
There is nothing in this bill to indicate how it will be done.
Nothing. This is even more dangerous. Without prejudging who is
entitled and who is not, let me give an example of what happens
when nothing is clearly established: the social chaos this fall in
Chaleur Bay. I am not challenging the right of aboriginal people to
fish, but they are nonetheless a new group, a new player in the
game. This is an example of what happens when no provision has
been made for how a new player can be brought into the game.
Those who were already involved in this fishery were surprised.
Now, what is going to happen? How will a place be made for them?
And who is to say that there will not be other groups tomorrow?
Because the act speaks of classes of permit holders, and it is
therefore understood that this refers to people already active in the
commercial fishery, and reference is made to any group of
individuals, but it is all at the minister's discretion. Some of the
government literature refers to partnership agreements. I repeat,
when partnerships are involved, there must be an atmosphere of
trust. But such trust is not there at the present time.
The minister could have a second chance, if we assume that this
was an oversight, that he forgot to include the mechanisms. If we
could at least have some specifics on the mechanism that will be
used, once the cod fishery is resumed, to decide who will work in
the fisheries, since we do not expect the cod fishery to be resumed
at the same pace at which it was abandoned?
When I look at what the government is doing now, I see no
indication of how this long awaited rationalization will be
implemented. I saw no indication of how the core groups involved
in the fisheries will be defined. I even raised this question with an
official at the department where I was told: ``We will let the
industry take care of that''. As far as the Atlantic fisheries strategy
is concerned, $1.9 billion was wasted. These people were given
financial support, but we thought that the government, to make the
most of its $1.9 billion investment, would require an accounting of
the money spent, and that there would be a deadline and a schedule.
Representatives for the department told us right off the bat: ``No,
we left it up to the industry''. So there is no obligation on fishers to
define their core activity as such before a given date and to
rationalize their activities accordingly. It used to be management
for the short and medium term.
(1020)
There is no indication of a mechanism the minister could have
started using on a trial basis and then included in his legislation,
7177
with the comment: ``I tested this on a group of fishers''. Nothing
was done. This shows there is much that will have to go back to the
drawing board.
The official opposition is prepared to go along with this exercise
of informing the government. It is willing to meet the industry with
members of other parties and then ensure the government listens to
the industry. That is the tenor of the amendment proposed by the
Reform Party. However, I wonder what members opposite who rise
in the House today will have to say about this.
The clock seems to be moving very quickly this morning, and I
want be sure I do not run out of time, but before discussing the
other main irritant, the delegation of authority, again in the
management agreements the department wants to arrange, there are
other points we should not overlook. The management agreements,
according to paragraph 17(d), I believe, provide that fishers who
are parties to the said agreement-and this is probably what the
government will want to do on a large scale-will pay their share
of management fees.
As a member of the opposition, it seems to me that the sole
purpose of this bill is to help the government deal with a financial
problem and that the government certainly has no intention of
dealing with the fundamentals of managing the industry, because it
is still discretionary, but what is not discretionary is the fact that
fishers will have to pay management fees.
We must not forget that the father of this bill, Brian Tobin, left a
little present for the fishers before going: he increased licence fees.
So in two years, we will have had two proposals affecting a group
that pays taxes like anybody else. This means double taxation. That
is what we said when licence fees were proposed, but I find it very
sad that fishing communities are more likely to have problems with
unemployment insurance.
I realize the government is taking money out of the pockets of
people who may have a little more money than others if they have
their own fishing vessels, but does the government realize that
when it takes this money, it is taking wealth out of the community
and sending it back to Ottawa? These are people who already have
a high rate of unemployment in their community, and the
government goes and makes money even scarcer. I find that
appalling.
At the time, I proposed to Mr. Tobin, if this measure had to be
introduced, and the Bloc Quebecois also advocated rationalizing
the deficit like any good parent or farmer, that we have part go
directly to Ottawa. If the fisher could prove he invested in his
community, in order to distribute the wealth and create jobs, he
would not have to remit the entire amount to Ottawa. The
government did nothing. Not only did it not act, but we were told
immediately that new administration fees will be charged.
There is another small point. Since we are discussing the
government's invoice, there was another case pending which, I
think, has been settled. There was a decision by the court and, if I
am not mistaken, the federal government either tried to pass other
legislation or signed contracts with fishers, but there is still no
mention in the present bill of landing fees.
The federal government has already had its knuckles rapped
once. I think it was in 1992. In 1994, the system was changed. They
have already had their knuckles rapped for failing to provide a legal
mechanism for the payment of these things. And yet, there is still
no provision in this bill. It is easy to see the number of problems
that have yet to be resolved.
(1025)
Time is passing quickly this morning, Mr. Speaker. Perhaps with
the unanimous consent of the House, I could have the five minutes
for questions and comments the Reform Party did not use, since I
was the first to speak this morning.
In any case, delegation of powers to the provinces is both
inadequate and contradictory. There is not enough, and I hope my
colleagues will discuss it some more this morning. One need only
read the proposal the Government of Quebec made in Victoria in
November 1994 for it to become clear. British Columbia too is
asking to have its powers over fisheries management returned.
They are currently negotiating. I think the negotiations are to
conclude at the end of February.
Why is the federal government in such a hurry to introduce a bill
like this one, given that negotiations are currently going on with
British Columbia? The initial protocol provides that the agreement
is not to be tabled before February.
I believe the government does not listen to itself. As evidence of
the fact that this is inadequate, just look at the powers sought by the
provinces and you will see how far off the mark it is.
There is also a contradiction here. In light of what I said about
management agreements, if the federal government negotiates
directly with fishers, or groups of fishers, regarding issues such as
the number of fishing licences and traps, or who will share the
wealth, what is there left to delegate to the provinces, since clause
17 takes precedence over clause 9? There will hardly be anything
left to delegate. It will be a virtual delegation of powers.
I said the fisheries tribunal was a front. When people are
appointed for three years only, how can they be non-partisan or not
think about being re-elected or re-appointed? These people will be
appointed for a period of three years, with specific directions from
the minister. If they do not follow these directions, their mandate
will definitely not be renewed.
7178
Fishers are entitled to a system that is fair, a system with no
strings attached. If we get such a structure, we will support the
legislation.
The Deputy Speaker: Is the hon. member asking for unanimous
consent of the House to complete his remarks, or did I
misunderstand his point?
Mr. Bernier (Gaspé): Mr. Speaker, I asked to have a little more
time because I know there was time left over from the Reform. I
still have lots of things to teach government members. If they want
to listen to me-
The Deputy Speaker: I will ask the question. Is there
unanimous consent of the House for the hon. member to finish his
speech?
Some hon. members: Agreed.
Some hon. members: No.
The Deputy Speaker: Since I heard some people say no, I
cannot grant more time to the hon. member. Questions and
comments.
Mr. Paul Crête (Kamouraska-Rivière-du-Loup, BQ): Mr.
Speaker, I listened with great interest to the speech of my hon.
colleague from Gaspé. Being myself a former employee of the
marine fisheries branch in Gaspé, I know that the Quebec fishing
industry is operating under dynamics very different from those in
the west, for example, or even in the Atlantic provinces.
Fisheries are very important in concerned areas like the Gaspé
peninsula, the North Shore, Magdalen Islands, all that area. They
are also a small part of Quebec economy. Therefore special
management is called for.
Looking at the bill, I am a little surprised because, from 1922
until 1984, there was a delegation agreement. Under that
agreement, the federal government had delegated fisheries
management to Quebec. In 1984, the minister of the day, Pierre De
Bané, who now sits in the other place, decided-in a fit of anger, I
believe-to withdraw that delegation. That shows the strength
these administrative delegations have.
I would like to ask the hon. member for Gaspé whether it does
not seem to him that the delegation of powers found in the bill has a
needlessly complicated air about it. They want to give the
provinces the power to issue permits and licences, but then, if I
understand correctly, it will be the federal government that will
enter into the resource management and protection agreements
directly with the industry. The impression I get from this is that we
will end up with the same squabbles as before, which may have
been behind the withdrawal of the delegation set out in the 1922
agreement.
(1030)
I would like to ask a question of my colleague from Gaspé: Does
he not think that this piece of legislation will be a source of new
conflict and will only feed the bureaucrats implementing it without
meeting the needs of fishers, especially those in Quebec who are a
little lost in the great Canadian whole as for the choices that are
made?
Mr. Bernier (Gaspé): Mr. Speaker, my colleague for
Kamouraska-Rivière-du-Loup understands quite well where the
government is headed concerning this issue. What fishers in the
province and the province itself want is complete jurisdiction over
fisheries. If we are to manage this, let us manage it entirely.
As things stand now, when cod are alive, they are under federal
jurisdiction. As soon as they are taken out of the water, they are
under provincial jurisdiction, because fish plants and fish plant
standards are a provincial matter.
Several provinces guarantee fishing boat loans themselves.
When cod die, there is a change in jurisdiction, but that does not
solve any of the problems of fishers or the industry.
The Quebec government demands the devolution of all those
powers if it is to manage something. It has to be in charge of
licence delivery, administration and fish stock preservation.
Provincial demands about this make a lot of sense. We all know
that the cod resource migrates. The province of Quebec alone
cannot be expected to manage biological research or the
assessment of the cod biomass, because cod migrate.
We demanded first the right to manage the delivery of licences.
How would the remaining responsibilities be shared? If the federal
government does not know how to do it, it just needs to do proceed
the same way NAFO does.
NAFO, or Northwest Atlantic Fisheries Organization includes a
number of countries, and each one of them contributes to the
assessment of stocks with the co-operation of biologists and
commercial fishers. This information is then compiled by a
secretariat. The UN Convention on the Law of the Sea even
stipulates that border countries have primary responsibility for
preparing and providing these assessments. If border countries do
not comply, any other member state of the convention can step in.
The hon. member from Newfoundland could confirm that, in
many cases, Russia has provided the biological data on the halibut
stock off the Grand Banks of Newfoundland. So, as you can see,
shared management systems do exist.
Have you ever heard of Canada having problems with Russia in
terms of fish management? No. We have had problems with Spain,
yes, because that country did not want to comply with what was
behind our management philosophy.
What we have to do is apply whatever models we have. What
would be the impact of managing our fish stock using an approach
7179
similar to NAFO's model? Quebec's quota would be already set.
Let us not kid ourselves, around 85 per cent of all the fish caught in
the Gulf come under individual quotas. That does not leave much
room for negotiation.
What else would happen? We could have a system where
everything from beginning to end, from the harvesting to the dinner
plate, from the fishers to the consumers, would come under one
jurisdiction. The government could ensure resource allocation,
namely defining fishing areas and classifying fish boats.
What people have to understand is that different types of fishing
boats would be needed. Because of fish migration, I could not tell
you what fishing boats would have to be used.
(1035)
Everyone knows full well that when the fish comes in, trawlers
cannot catch it off the coast of Gaspé, so trawl lines or gill nets
have to be used. And then the fish heads back for the banks, at
which time trawlers can get to work, but when they catch too much
fish, there is less left for those who use trawl lines or gill nets. So, if
we have a given amount of fish to catch in a given time in order for
the fish plants to run a profit, then we would have to find some way
to strike a balance.
The problem is, if we find a way to manage the system from
beginning to end, once fishers land their catch, what do we do with
it? The Bloc Quebecois once suggested-and nobody was against it
but this is not possible under the current system-to provide some
sort of buffer zone between fishers and processors. Why? Because
our main problem is that our processing plants are overspecialized.
A plant that used to produce salted and dried fish had to get fish
measuring at least 20 inches, so when a fisher came in with a
16-inch fish, which is still legal, they were less interested.
They should have told him: ``Unload everything at the same
place and we will take care of market segmentation''.
What is needed is a single jurisdiction and a will to assume
responsibility instead of everybody passing the buck as is the case
now, as my colleague from Kamouraska-Rivière-du-Loup
pointed out.
The delegation of powers proposed in this bill does not seem
very promising, since the federal government can choose anytime
to opt out and say: ``Get yourself out of the mess'', as it did in
1984.
[English]
Mr. George S. Baker (Gander-Grand Falls, Lib.): Mr.
Speaker, after listening to the Bloc and the Reform Party, I feel
compelled to say at least a few words about this bill.
The Bloc does not like the bill. The Reform Party does not like
the bill. The Tories do not like the bill and the NDP does not like it.
There must be something terribly right about this bill if those
political parties are saying they do not like it.
It is not just those political parties which do not like the bill. It is
also making international news this morning in the European press.
The reason is that the European Union is claiming now that it is not
going to sign a co-operation agreement with Canada because
according to this story that is in the papers from Canadian Press:
``According to judicial services''-now that is in the European
Union-``there will be more than 14 articles with extraterritorial
effects in the fisheries bill presently before the House of
Commons''.
Let us get this straight. The Bloc, the Reform Party, the Tories
and the NDP do not like the bill. There are countries around the
world that do not like the bill. Therefore one has to ask the
question: What is in the bill that all of those people do not like? I
will tell the House what it is.
This bill before the House today is a historic piece of legislation.
It is one of the best pieces of legislation ever to be brought before
the Parliament of Canada. The first historic piece of legislation
brought before the Canadian House of Commons was in 1977 and
the fisheries minister at the time was also a Liberal, the hon.
Romeo Leblanc. A lot of people today still talk about that fisheries
minister as being such a great minister. He brought in a piece of
legislation that created an exclusive fishing zone in Canada.
(1040)
Mr. Harvard: He is our commander in chief, is he not?
Mr. Baker: That is right. He is presently the governor general.
In fact some fishermen have commented that they wish that orders
in council would actually come from the governor general because
they appreciated those orders so much when he was the fisheries
minister.
That piece of legislation unilaterally declared a 200 mile
exclusive fishing zone in Canada. That is not the same as the
exclusive economic zones, the EEZs, in other nations of the world.
This was a unilateral action by Canada to save the fishing resource.
That was in 1977.
When was the next piece of legislation that really broke new
territory on behalf of the fishery in Canada? From 1977 until 1996
we had 10 years of Tory rule and not one piece of legislation was
passed by this Chamber which we could call a historic piece of
legislation.
Then we come to the year 1996. Again under a Liberal
administration, this time under the Minister of Fisheries and
Oceans who is the member from the historic riding of
Bonavista-Trinity-Conception, legislation was brought in to do
what the other nations have done. Instead of the exclusive fishing
zone, we have declared an exclusive economic zone for Canada so
that Canada can be a
7180
part of the team of nations around the world that are trying to save
the fisheries. We would have identical legislation.
Today this bill is truly a historic piece of legislation. Why is
that? It is for the very reason that countries in Europe do not like
the legislation. It is for the very reason that some countries in
Europe, and yes the United States and quite a few other countries
are objecting to this bill. The reason is that it gives the Minister of
Fisheries and Oceans unusual powers to seize foreign fishing
vessels which are fishing illegally, according to what the Canadian
government is declaring, on the high seas adjacent to Canada's
territorial zone.
When the opposition parties complain and say that this bill gives
the Minister of Fisheries and Oceans too much power, they have to
realize that we either have to do it or we do not do it. We have to
give the Minister of Fisheries and Oceans the power to do things
which are unusual under international law in order to save the
fishery of Canada.
In Europe they are saying there are 14 articles which have
extraterritorial effects. I have looked through this bill in the last 15
minutes trying to find those articles. I found some of them. One of
the articles for example will allow the government in the future
when an offence has been committed to seize a vessel that is owned
by the same company that owned the vessel that committed the
offence.
Let us say we had a fishing nation which violated the rules on
bycatch in the NAFO zone which the hon. member was talking
about.
(1045 )
What is a bycatch? A fisherman once defined it as a catch you
accidentally catch when you're trying to catch another catch. It
means that some fishermen use the bycatch rule of 10 per cent to
catch more than 10 per cent of what they are allowed to catch.
Suppose the records of that vessel reach Canada after the fact.
The vessel is gone. The skipper probably will not be seen in
Canadian waters again and no charges under the present law can be
brought against the company that owned the vessel. Under this bill
Canada can now seize a vessel that belongs to the same company
from the same foreign nation that committed the offence to satisfy
a judgment.
An internal audit was done when the Tories were in power in
1985. It showed many cases of bribery, of money being exchanged,
money being put in people's mailboxes to try to buy influence with
the Department of Fisheries and Oceans by these foreign captains.
A fisheries officials in one case found $25,000 in a mailbox. He
immediately reported it to the Department of Fisheries and Oceans.
Fisheries and Oceans knew who did it but they could not charge
that fishing captain because he did not show up in Canadian waters
again.
Under this legislation DFO will now be able to seize another
vessel that belongs to that company from the foreign nation to
satisfy the judgment.
I do not know the entire 14 articles to which the European Union
is objecting, but one to which it is objecting is this. Under the bill
the Canadian government will be able to bring charges against a
stateless vessel on the high seas that is in a management zone of the
northwest fishing organization to which the hon. member from the
Bloc referred a few moments ago.
If a vessel from the United States of American-and we have
them-constantly violates the fishing agreements entered into with
countries that belong to the Northwest Atlantic Fisheries
Organization, charges cannot be brought against the American
vessel because the U.S. does not belong to the organization. Under
this bill we will be able to do that. There is a whole section on
stateless vessels.
These are some of the things that the Bloc and Reform Party
should be standing up and saying: ``What a marvellous piece of
legislation. Canada will be the first nation in the world to put some
real teeth into enforcement to try to save the fishery'' because the
fishery needs to be saved. I think everybody would agree with that.
In the past, prior to 1993, Tory governments gave quotas to
foreign nations. In the fall of 1979 Russia received a quota of
100,000 tonnes of capelin, the food of the cod fish. That Tory
administration gave it a 100,000 tonne quota for 1980, thereby
giving the Russians a higher quota of capelin than the entire
Canadian fleet has ever caught in its entire history and then you
wonder what happened to the fishery.
In 1985, 1986 and 1987 when fishermen were telling the
politicians that there was a problem in the fishery the
administration in power here in Ottawa continued to give out
foreign licences. The Tories turned their backs and looked the other
way when all the dragging was going on. They even encouraged it.
(1050 )
The hon. member from the Bloc represents an area of Quebec
that has the best spawning area in the world for mackerel. The Tory
administration actually gave Norway and Sweden licences for
mackerel in Canadian waters which would stop the mackerel on
their way to the spawning grounds at the end of May.
The Tory government, in the mid to latter part of the 1980s, gave
licences to Cuba, Japan, Russia, to five fleets to catch another food
of the cod, the squid, off the province of Nova Scotia. Can anyone
imagine that?
7181
For the Government of Canada to constantly say that it does not
know if it is going to harm the cod fishery if it gives licences for
fishing the food of the cod, it should know that the squid that were
once in abundance on the coast of Quebec, New Brunswick, Nova
Scotia, Prince Edward Island and Newfoundland, have
disappeared. Why did they disappear? It was not Canadians who
made them disappear. It was not Canadians who made the capelin
disappear either.
They disappeared because of the foreign nations fishing in
Canadian waters with licences given by the Tory administration in
Ottawa. The squid come up in a narrow line. They are born in
Florida, live for only one year and then go back. They know where
to go. They die in Florida at the end of the year. However, the circle
they make goes up the east coast of Canada in a thin line.
Fishermen refer to it as the trans-Canada highway of squid.
Lo and behold, the previous Tory government gave licences to
the Japanese, the Cubans and the Russians to block that passage of
squid every single year in the 1980s. That is why we had no squid
in Quebec, New Brunswick, Nova Scotia, Prince Edward Island or
Newfoundland.
As well, the Tories gave licences for all the fish we do not even
think about here like argentine. They also gave licenses for another
fish, a scrawny thing with a big swelled head, which reminds me of
some of the politicians across the way. They gave licences for
every species of fish in our waters and they gave them to
foreigners.
Today these opposition parties should be standing up and
congratulating the government by saying that this is the best news
they have heard since the depletion of the cod fishery. Perhaps it is
the single best piece of legislation that could ever be brought before
the House of Commons, to be able to arrest stateless vessels that fly
no flags and vessels on what is called the high seas outside of
Canada's zone.
We need legislation to be able to govern what happens on the
high seas, just as we need it when it comes to the attachment of
wages act. Certain people in our society are excluded from the
attachment of their wages. One of them is somebody who is on the
high seas or somebody who is a seaman and another one is
somebody in a foreign embassy. However, the government is
bringing in legislation so that child support payments and so on can
be retrieved from these people. Here is another piece of legislation
which will grant the government powers on the high seas.
To conclude, the Bloc is against it, the Reform is against it, the
NDP is against it and the Tories are against it. All of these nations
quoted by Canadian Press are against it because those nations do
not want to have their gigantic, huge draggers stopped around the
Canadian coastline from ruining our fishery.
(1055)
It is a historic day and a historic piece of legislation. Once again
it has been brought in by a Liberal administration, the third such
piece of legislation we have had in the past 20 years.
Mr. Mike Scott (Skeena, Ref.): Mr. Speaker, as always I was
very interested to hear the words of my hon. friend. I appreciate the
work he does on this issue.
However, as he was speaking he held up a copy of the Fisheries
Act amendments and it was plain to see the thickness of that
document. There is a lot in that document that goes well beyond
what the member was talking about.
We support the idea that Canada should play a much stronger
role in managing the fishery in international waters where they
affect Canadians and Canadian fishermen. I certainly agree with
many of the remarks the member made about the Tories. However,
we have all heard the expression: ``Don't throw the baby out with
the bath water''. I am suggesting that with this bill Canadian
fishermen and the Canadian people are going to be asked to drink a
lot of stinking, rotten bath water to see a baby and that is not
acceptable. There is a lot in this bill that is not acceptable and goes
well beyond what this member was talking about.
Mr. Baker: Mr. Speaker, I do not know. I did not see anything
about dish water or anything like that in the legislation. I have
sifted through it for about 15 minutes. I certainly do not see
anything there. I suppose the hon. member is talking about the
powers that are given to tribunals on each coast.
However, we have not heard the other side of that argument.
Under this legislation some decisions are put directly in the hands
of those people who are affected by the policies of the Department
of Fisheries and Oceans. I do not see anything wrong with that. The
government should have done that a long time ago.
Overriding all of that is the point that the government is being
criticized by many nations today because of this legislation, as per
the Canadian Press articles.
This is a great day for Canadian fishermen because the
government is finally putting its foot down, putting some teeth in
the legislation. The Reform Party and the Bloc should be standing
up and saying: ``This is a great day. We are going to just cut off
debate on this and put it through in one day''.
[Translation]
The Speaker: Dear colleagues, I know you want to ask
questions. Maybe we will be able to hear them after question
period.
It being 11 o'clock p.m., the House will now proceed to
statements by members.
7182
7182
STATEMENTS BY MEMBERS
[
English]
Mrs. Georgette Sheridan (Saskatoon-Humboldt, Lib.): Mr.
Speaker, I rise today to speak out against violence against women.
Less than a decade ago this act was met with snickers in this House.
It is not so today, in part because of the greater number of
women who now are represented in Parliament. But it is also
because of the many women who refuse to remain silent any
longer; groups like Saskatoon's December Memorial Committee, a
collective of concerned women and women's groups who
recognize that silence allows the violence to continue and who
organized ``Speaking Out: A Portrait Violence'', a two-week
awareness program designed to educate and increase public
awareness through community events.
I commend the committee for its ``Speaking Out'' event, a
memorial to the tragedy at École Polytechnique, but also a public
forum in a safe environment for the survivors of violence to speak
out their stories through art, music and words.
The power of their creative works and words brings our society
one step closer to zero tolerance of violence against Canada's
women and children.
* * *
[
Translation]
Mr. Maurice Godin (Châteauguay, BQ): Mr. Speaker, on this
national day of remembrance and action on violence against
women, it is with sadness that we remember the tragic event at
École Polytechnique in Montreal in which 14 young women lost
their lives.
That event has deeply marked the collective memory of
Quebecers and Canadians. It compels us to think of the actions we
must take to counter violence against women.
Too often, men use their physical strength to force women to
accept their points of view. We must act on ingrained prejudices
which perpetuate the inequality of women at home and in the
community. Mentalities are changing but not fast enough. We must
act in our families and in our communities to make sure that
women always feel safe everywhere.
We must say no, loud and clear, to violence against women.
From now on, it is zero tolerance.
[English]
Mr. Darrel Stinson (Okanagan-Shuswap, Ref.): Mr.
Speaker, today is the national day of remembrance and action on
violence against women. One of the greatest sources of violence
against women, families and society is drunk driving.
Therefore I ask all hon. members to support Motion No. 78 from
the member for Prince George-Bulkley Valley to strengthen
penalties in the Criminal Code that deal with impaired driving
offences. This would deter others and make penalties reflect the
seriousness of this crime.
Representatives of Mothers Against Drunk Driving were here in
Ottawa recently. Their executive director told my office: ``All the
polls we have done say this government has not been proactive on
the whole issue of impaired driving''.
Yearly over four times more people are killed by drunk drivers
than are murdered. Yet this government enacted compulsory gun
registration against law-abiding gun owners while it refused to pass
Bill C-201 which would have sent drunk drivers who kill to jail for
seven years. I urge this government to get its priorities straight and
stop drunk driving.
* * *
Mrs. Sue Barnes (London West, Lib.): Mr. Speaker, today in
communities across Canada, men, women and children are
gathering to remember the horrific events which occurred seven
years ago at l'École Polytechnique in Montreal. On that December
6, 14 bright young women lost their lives in a senseless act of
violence. In my community of London, Ontario there are several
events planned to mark this anniversary and to remember all
women who suffer violence.
We must help to end the violence with better understanding and
education through governmental and non-governmental assistance.
We must also do our part as legislators to pass relevant legislative
measures.
I commend those who strive every day not only to reduce
violence against women but who work with the victims of violence
including the husbands, wives, children, siblings and friends who
also become victimized, sometimes to the extent that later in life
cycles of violence are repeated.
One day a year is set aside to recognize Canada's national day of
remembrance and action on violence against women. Today the
flag on the Peace Tower is flying at half mast. I strongly urge every
Canadian-
The Speaker: The hon. member for Nepean.
7183
Mrs. Beryl Gaffney (Nepean, Lib.): Mr. Speaker, 7 years ago
14 bright, promising young women experienced hell on earth.
Their crime? They were women. Their sentence was death. As I
speak, other Canadian women are experiencing the horror of
violence and intimidation.
The only fitting tribute to the slain women of l'École
Polytechnique and to all victims of violence is to stop the violence
and to say never again. Much is being done and I applaud those
working with abused women and children. Services like those
offered by the Nepean Community Resource Centre in my Ontario
riding are providing counselling, outreach and services for children
who witness violence. Those services strive to undo the damage.
Eliminating violence requires a commitment from all
individuals. We must reject the stereotyping of women. The media
must stop its glorification of violence and legislators at every level
must enact laws to better protect our citizens. Canadians must unite
against those who wreak death and terror. We must stand up and
say never again.
* * *
Mr. John Murphy (Annapolis Valley-Hants, Lib.): Mr.
Speaker, I rise today to pay tribute to an exceptional doctor and an
outstanding Canadian, Dr. Charles Huggins.
During his career Dr. Huggins was a leader in the field of cancer
research. His accomplishments provided a stimulus for future
developments in chemotherapy. It was 30 years ago, in 1966, that
Dr. Huggins received the Nobel prize for his work in cancer
research. Dr. Huggins developed the first non-radioactive,
non-toxic chemical treatment for cancer. Prior to receiving this
award, only one other surgeon had ever received the Nobel prize.
Dr. Huggins spent most of his working life in the United States
but he is a native of Nova Scotia and a graduate of Acadia
University in my riding of Annapolis Valley-Hants. As well, he is
past chancellor of that university.
(1105)
I ask all members of the House to join me in recognizing the
efforts this exceptional Canadian.
* * *
[
Translation]
Mr. Benoît Sauvageau (Terrebonne, BQ): Mr. Speaker, on this
national day of remembrance and action on violence against
women, I would first like to address the families and loved ones of
the 14 young women killed on December 6, 1989 at the École
Polytechnique. All of Quebec and Canada continues to mourn your
loss with you.
Such a tragedy must never again be allowed to happen. So that
all women can live in safety, not only must we remember the
violence experienced by thousands of women every day, but we
must also demonstrate a genuine political will to help ensure
respect for the integrity of women.
In addition to community action and court challenges, the fight
to end violence against women must be added to the political
agenda. The safety of 50 per cent of the population concerns
everyone. It is up to us to act, and act now.
* * *
[
English]
Mr. Allan Kerpan (Moose Jaw-Lake Centre, Ref.): Mr.
Speaker, recently one of my Reform colleagues introduced a
private member's bill extending the child care tax deduction. The
key is that the deduction would be converted to a refundable tax
credit which would benefit those parents who choose to care for
their own children.
Presently a tax deduction can be received if someone else cares
for your children but not if you choose to stay home and raise them
yourself. As usual, the Liberal government refused to support the
bill.
Its solution to helping families cope with the stresses of the
nineties is to implement a national day care strategy, a new $700
million bureaucracy. I can well imagine the chaos a program like
this will create for families in rural Saskatchewan and indeed in
rural Canada.
We all know that an institution is no substitute for the family. In
fact, in a Maclean's poll last year, 70 per cent of Canadian families
said that if they had the choice they would prefer to have one parent
stay home with the children.
Our children are our future and no costly bureaucracy can serve
as a replacement for an economically stable and happy family.
* * *
[
Translation]
Mr. Benoît Serré (Timiskaming-French River, Lib.): Mr.
Speaker, today our government will sign an historic agreement
with Alberta, showing that we are keeping our promises to renew
federalism.
7184
From the date this agreement takes effect, Alberta will be
responsible for all active job measures and job training generally.
In addition, we are continuing to negotiate with the other
provinces, and are hopeful that agreements can be signed with them
in short order. Our government has set aside a budget of
approximately $2 billion to implement this new system.
In our view, what is important is that Canadian workers have
access to the best training services possible. Quebec shares this
objective with us, and we are certain that we will arrive at an
agreement in the very near future.
* * *
[English]
Mr. Stan Keyes (Hamilton West, Lib.): Mr. Speaker, in a
recent poll conducted by Angus Reid, 59 per cent of Canadians
surveyed gave the federal government positive marks for its
performance in terms of honesty and ethics. This is in sharp
contrast to the legacy left by the previous Tory administration
which, save two members now in the House, was wiped out in the
last federal election. The people cannot be fooled.
It is comforting to know that despite the meanspirited smear
campaign orchestrated by members of the Tory old guard in the
Senate, people across this great country say the federal Liberal
government is doing an honest job.
The Tories in the other place can sling all the mud they like, but
the people of Canada see clearly through their thinly veiled, nasty
political trickery.
This government has an impeccably ethical record of
accomplishment. I know it, you know it and the Canadian people
know it.
* * *
[
Translation]
Mr. Maurice Dumas (Argenteuil-Papineau, BQ): Mr.
Speaker, Parliament has designated December 6 as Canada's
national day of remembrance and action on violence against
women. All this day, from dawn to dusk, the flag on the Peace
Tower will hang at half mast. Throughout Quebec and Canada,
community organizations are involved in programs to fight
violence against women.
I would like to bring attention today to the exceptional
commitment shown by Le Carrefour des femmes de Lachute,
which has developed a number of projects. For instance, the
``Colombe noire'', the black dove, commemorates the names of
women who have lost their lives at the hands of a man.
(1110)
Their group Vision Plus bolsters women's feelings of security.
They also have a therapeutic support group, Liber-Ailes, to help
women survivors of incest or other forms of sexual assault.
I salute all of these people for the responsibilities they are
shouldering in connection with violence against women.
* * *
[
English]
Ms. Margaret Bridgman (Surrey North, Ref.): Mr. Speaker,
as today is Canada's national day of remembrance and action on
violence against women, I rise today in the House of Commons to
offer courage and support to all those who merit recognition on this
day.
Women deserve to feel that they are safe in their homes, at work,
at school, on the street and in their communities. Women want a
country where they can look to the future instead of over their
shoulders. Most important, women who are victims of violence
want their rights as law-abiding Canadian citizens to be put ahead
of those of the criminals.
I assure the House that a Reform government would provide
women with safer streets and safer homes and would enact a
victims bill of rights that would put the rights of law-abiding
women ahead of those of their offenders.
That is not only a fresh start for Canadians, that is a fresh start
for women.
* * *
Ms. Maria Minna (Beaches-Woodbine, Lib.): Mr. Speaker,
as we remember the many women who have suffered violence in
their lives we must also recognize our duty toward them.
Through my community work I have been directly involved with
victims of domestic violence. I have seen firsthand the devastation
caused by violence.
Fifty-one per cent of all Canadian women have experienced at
least one incident of physical or sexual violence since the age of 16.
The serious economic, health and social consequences of this
violence to individuals, families and society are unacceptable.
The estimated annual cost of $4.2 billion does not even begin to
measure the psychological and human costs of violence against
women.
Aggressive action is needed now. The justice system must be
strengthened and preventive measures such as raising public
awareness and funding community based projects must be imple-
7185
mented to stop the scourge of violence that is sweeping across
Canada.
* * *
Mr. Ronald J. Duhamel (St. Boniface, Lib.): Mr. Speaker,
December 6 marks the national day of remembrance and action on
violence against women.
Today we honour the memory of the 14 young women who were
slain at Montreal's École Polytechnique.
We continue to observe this day because violence against women
is still a fact of life in communities across Canada. We know that
over half the women in our country have been the object of
violence, be it physical, sexual, psychological, financial or
spiritual.
Last year there were over 85,000 admissions of abused women
and their dependant children to transition houses across the
country. Women who are subjected to and suffer long periods of
violence often end up with long term health problems. Their
physical and mental injuries affect them, their families and their
communities.
The cost of violence relating to health and well-being is over
$1.5 billion per year.
The next generation of Canadians needs us to build the
foundation for a violence free Canada. Violence is totally
unacceptable.
[Translation]
Let us all work together to eliminate violence, not only against
women, but all violence, wherever present.
* * *
[
English]
Mr. Jim Abbott (Kootenay East, Ref.): Mr. Speaker, here we
have it. The Liberal government is bringing in copyright
amendments under Bill C-32. It is going to be putting on a tape
levy so that everybody who purchases a tape will be considered
guilty before they can prove themselves innocent. Churches are
concerned about this. Authors and composers who use tapes in
their work are concerned about this.
Under neighbouring rights we are going to be seeing a levy
placed on radio stations. They will no longer be competitive with
the U.S. stations across the border. By the way, on both the tape
levy and on neighbouring rights we can guarantee that there will be
a U.S. attack.
Historians and genealogists are not having their balance
concerning being able to go after documents in libraries as
compared to the rights of authors and composers.
In addition to that, we now have rumours of committee by
exhaustion.
The heritage minister is out of control. The Bill C-32 process is
out of control. Why does the government not just take it back to the
drafting board and make things right?
* * *
(1115)
[Translation]
Mr. Robert Bertrand (Pontiac-Gatineau-Labelle, Lib.):
Mr. Speaker, every year, the memories of the death of the
Polytechnique students remind us of how blind and insidious
violence is. Every year, the memory of their deaths reminds us that
we are all both victims and accomplices to such violence.
Victims, because violence is beginning to rule our lives and
shape our behaviour. Accomplices, because of our silence, our lack
of courage to speak out against it, and our reluctance to take steps
to fight it.
More than ever before, we must join together against this
violence. On behalf of the victims and their families, I am making
an urgent appeal to Conservative and Reform members to give up
their pro-firearm lobbying and to support our gun control bill.
_____________________________________________
7185
ORAL QUESTION PERIOD
[
Translation]
Mr. Gilles Duceppe (Laurier-Sainte-Marie, BQ): Mr.
Speaker, my question is directed to the Acting Prime Minister.
It has been clearly established that women with a family income
of less than $15,000 are twice as likely to suffer physical abuse as
women in the general population. In a document establishing the
link between violence against women and poverty, the government
said that unfortunately, the circumstances of women seemed to be
getting worse. Governments are cutting budgets, reducing social
programs and eliminating a number of programs and services that
help low income women, men and children who are exposed to
violence. These changes will probably lead to more poverty and
more violence. And once again, women will be the worst off.
Will the Government of Canada admit that by slashing its social
programs to the tune of nearly $5 billion by 1998, it is going too far
and that instead of helping women, it is making matters worse?
Hon. Don Boudria (Minister for International Cooperation
and Minister responsible for Francophonie, Lib.): Mr. Speaker,
the hon. member opposite is right to be concerned about violence
against women, as we all are.
7186
However, these accusations against the government are unfair.
The hon. member must know that the new system of pensions for
the elderly provide nine persons out of ten who live alone, and
we know most of them are women, with benefits that are far more
generous than under the old system. This is one example of the
government's plans to ensure that women living below the poverty
line will be better off under the system we intend to implement.
Mr. Gilles Duceppe (Laurier-Sainte-Marie, BQ): Mr.
Speaker, I was referring to a government document and to figures
that appeared in the government's budget. These are not
accusations, these are facts.
I will continue. In the same document, the government said that
as a society, we have a responsibility to do everything we can to
help women get out of the vicious circle of poverty and violence.
This means they must be given adequate resources in terms of child
care, housing, training, social assistance benefits, and so forth.
Since the federal government recognizes the link between
women's poverty and violence against women, why it is cutting
social programs by $5 billion? Why does the government insist on
reducing its deficit at the expense of the neediest in our society, the
majority of whom are women?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, it
is exactly the other way around. For instance, and I am following
up on what my colleague said, the new old age benefit announced
in the last budget is intended to deal with the concerns raised in the
report.
Seventy-five per cent of elderly persons will benefit under the
new system. Benefits will be the same or exceed those now
received by the elderly. We announced an increase for those
receiving the annual $120 supplement, because we too are
concerned about the problem of violence against women,
especially older women.
Mr. Gilles Duceppe (Laurier-Sainte-Marie, BQ): Mr.
Speaker, we were treated to another minister, but the same answer.
I agree that the measure that was announced is a good one. We did
not say all the measures were bad. But it is rather odd we could find
only one this morning. Two ministers for the same measure. Two
ministers for the same answer.
In the press release announcing the international day of
remembrance and action on violence against women, the Secretary
of State responsible for the Status of Women said that she hoped
that Canadians would renew their commitment to prevent violence.
(1120)
Does the Secretary of State or anyone in this government realize
this statement is contradicted by the decisions the government has
been making?
Hon. Don Boudria (Minister for International Cooperation
and Minister responsible for Francophonie, Lib.): Mr. Speaker,
once again, the hon. member is making accusations. He must be
aware of all the measures initiated by our government to deal with
violence against women.
The Minister of Finance has just described a number of social
reforms that will be beneficial.
I would also like to remind the House of the amendments to Bill
C-72 concerning self-induced intoxication used as a defence in
cases of assault, especially against women. Amendments were also
made to Bill C-68 concerning firearms and to the Criminal Code
through Bill C-42. I could also mention sentencing reform and the
review of the Criminal Code.
Mrs. Madeleine Dalphond-Guiral (Laval Centre, BQ): Mr.
Speaker, my question is for the Minister of Justice.
Last December, the Supreme Court of Canada allowed persons
charged with sexual assault access to the medical and
psychological files of their victims. As the result of this decision, a
lot of women will now refuse to lodge a complaint for fear of
finding themselves in the prisoner's dock.
Given the Minister of Justice's promise to act quickly in this
matter to protect victims of sexual assault, could he explain the
delay in having legislative measures passed to ensure fair and
equitable trials?
[English]
Hon. Herb Gray (Leader of the Government in the House of
Commons and Solicitor General of Canada, Lib.): Mr. Speaker,
I want to assure my hon. friend on behalf the Minister of Justice
that this continues to be a priority which engages the minister's
attention. He is very conscious of the findings of the supreme court
on this matter. Certainly action will be forthcoming before too
long.
[Translation]
Mrs. Madeleine Dalphond-Guiral (Laval Centre, BQ): Mr.
Speaker, as the government is favourably disposed, I will test its
sincerity.
Over two years ago, the justice committee proposed that the
provisions for the Criminal Code on obscenity be amended to
prevent the exploitation and glorification of horror, cruelty and
violence in all its forms.
How does the government justify the fact that no bill has yet
been tabled to deal with this problem?
[English]
Hon. Herb Gray (Leader of the Government in the House of
Commons and Solicitor General of Canada, Lib.): Mr. Speaker,
this is something of importance to the government. I think it is
clear to people serving in this House that the Minister of Justice on
7187
behalf of this government has had a very heavy legislative program
in the area of justice reform, particularly matters of concern to
women.
Chief among them is the new Firearms Control Act. This was a
major priority. With this act being adopted, we are well on our way
to having the most effective gun control system in the world. This
is important to prevent violence against Canadians generally but
particularly against women.
I thought I heard some grumbling from members of the Reform
Party. I wish they would listen to what has been said in the House
this morning and change their narrow-minded position and give
support to this measure if they are sincere in their wish to fight
against family violence, particularly violence against women.
* * *
Mr. Dick Harris (Prince George-Bulkley Valley, Ref.): Mr.
Speaker, Statistics Canada announced today to nobody's surprise
that the unemployment rate for November was stuck at 10 per cent.
For the benefit of the Minister of Finance who seems to love
creating lists, here is a list for him created by three years of Liberal
government: 1.5 million Canadians unemployed; a youth jobless
rate of over 17 per cent; two to three million Canadians
underemployed; and 25 per cent of all Canadians worried about
losing their jobs. So much for the Liberal promise of jobs, jobs,
jobs.
Why will the finance minister not create real jobs by balancing
the budget, lowering taxes in this country and making government
smaller?
(1125 )
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
over the course of the last year, over 200,000 new jobs have been
created in the private sector. Quite clearly one should look at the
tendency over a longer period of time. There were 7,000 new jobs
created as was announced by Statistics Canada this morning.
It is the overall job creation that is by far most important. When
we look at the G-7 countries, outside of the United States, Canada
this year and last year has created more jobs than any other G-7
country. This is as a result of the economic climate created by this
government and the desire and the ambitions of Canadians for
which we should all be proud.
Mr. Dick Harris (Prince George-Bulkley Valley, Ref.): Mr.
Speaker, I am sure the Minister of Finance is aware that if we
compare Canada with what other countries are doing, perhaps we
do look good. The fact is we should be considering where Canada
could be if we had a responsible government running the country.
Let us compare it to where we could be.
The association of Certified General Accountants has said that
we could create 108,000 new jobs if the Liberal government would
lower taxes by only $4 billion. Just think of the jobs we could
create if the government took the Reform Party's lead and lowered
taxes by $15 billion. It is obvious that the Liberals' approach is not
working because jobs are scarce in this country.
I ask the minister again: Why will he not create real jobs by
balancing the budget and lowering taxes?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, it
is pretty clear that the hon. member opposite has not had the
opportunity to read the full CGA report which he has just cited.
Reform members say that they want a faster deficit reduction.
They are advocating slash and burn policies. In the CGA report the
accountants have suggested slower deficit reduction than what we
are engaging in. Furthermore, if I might quote from the CGA
report: ``To give credit where credit is due, two years ago we could
not have even considered entering into this debate on a tax
reduction''. What the CGA is saying is that it is the policies not of
the Reform Party but of the Liberal government that are giving us
the success in cleaning up the balance sheet and allowing us to have
the debate which we are now engaged in.
Mr. Dick Harris (Prince George-Bulkley Valley, Ref.): Mr.
Speaker, the Canadian people are not going to be fooled and the
Reform Party is not going to be fooled.
We know that the only reason the deficit figures are looking
good is that the Liberal government has wrenched out of the
pockets of Canadians an extra $25 billion in increased taxes which
the Liberals have raised 35 times since they have been in office. As
a matter of fact they have only lowered taxes, lowered the deficit,
lowered spending by about $3 billion. If you have an endless
money tree you can shake down any time, any deficit can look
good.
The minister can bluster all he wants about what the Liberal
government is doing but I ask the minister: Why has the Liberal
government and the minister failed to deliver on what Canadians
are asking for: lower taxes; real, long lasting, good paying jobs, not
part time jobs to replace the full time jobs that they are losing; and
a balanced budget? That is what is really needed. When is the
finance minister going to listen to Canadians and do the right
thing?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
unfortunately again the hon. member's facts are wrong. If we look
at the 200,000 jobs that have been created this year, the vast
majority are full time, permanent jobs.
Most economists, for instance Rosenberg from Nesbitt Burns has
said that as a result of the low interest rate policies of this
7188
government, over $5 billion of new purchasing power has been put
into the pockets of Canadians. If the hon. member refuses to fully
read reports of outside advisers, perhaps he might look at what his
own party has said.
(1130 )
In its 1995 taxpayers budget, the Reform Party advocated a slash
and burn course and then went on to say: ``Under the Reform's
taxpayer budget the short term employment impact of spending and
deficit reduction is negative but manageable''. What is
manageable: the loss of 30,000 jobs, the loss of 50,000 jobs, the
loss of 100,000 jobs? That is what Reform has advocated. We are
creating jobs.
* * *
[
Translation]
Mr. Osvaldo Nunez (Bourassa, B.Q.): Mr. Speaker, my
question is for the Solicitor General.
A few weeks ago, we learned about the smuggling of illegal
immigrants from Hong Kong. This morning, we learned about the
smuggling of illegal immigrants, this time from Iran through the
Netherlands. This smuggling is said to have allowed the illegal
entry into Canada of 4,000 Iranians, and to be operated by a very
well organized network with connections in Canada.
What serious and effective steps does the Solicitor General
intend to take in order to stop this smuggling of illegal immigrants
and reduce the number of people illegally entering Canada?
[English]
Hon. Herb Gray (Leader of the Government in the House of
Commons and Solicitor General of Canada, Lib.): Mr. Speaker,
the situation of immigrant smuggling is of serious concern to the
government and certainly to the RCMP. It is a worldwide
phenomenon and all countries are working to develop effective
means of dealing with this problem.
The RCMP is giving priority to dealing with the situation. More
money was appropriated in recent estimates to assist the RCMP in
working on this problem. I can assure my hon. friend that the
RCMP is working closely with other governments to deal with the
situation. Dealing with it continues to be a priority.
[Translation]
Mr. Osvaldo Nunez (Bourassa, B.Q.): Mr. Speaker, only one
RCMP officer handles this case. The Dutch authorities themselves
said they were surprised that there was only one RCMP officer
investigating such an important matter, when they themselves had
assigned more than 30 police officers to work on it.
Does the Solicitor General appreciate that by downplaying such
important matters, police authorities are in fact penalizing all legal
immigrants, who will suffer the direct and indirect repercussions of
these illegal entries?
[English]
Hon. Herb Gray (Leader of the Government in the House of
Commons and Solicitor General of Canada, Lib.): Mr. Speaker,
I want to assure my hon. friend that the RCMP is working closely
with foreign governments, including the government of Holland to
combat immigrant smuggling problems. This will continue
because we agree it is a serious problem that deserves the high
attention and priority of our police authorities. This is the case now
and it will continue to be the case.
* * *
Mr. Ken Epp (Elk Island, Ref.): Mr. Speaker, the government
is about to announce its plan to fight child poverty.
We all agree that families are suffering. Under this government
unemployment is chronically at 10 per cent, personal bankruptcies
have hit record levels, and the average family income has shrunk
by an incredible $3,000.
The finance minister says he is committed to fighting family
poverty. Why will he not adopt Reform's plan to take at least one
million of Canada's working poor completely off the tax rolls?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, it
is incumbent upon the Reform Party to put the full impact of its
program before the Canadian people and before the House.
While Reform advocates a tax cut, that tax cut will only come
well down the peace and substantially two to three years after the
Reform Party has in fact cut the Canadian health and social
transfer, cut equalization payments, after it has cut the basic social
programs upon which those very Canadians rely. It is simply not
reasonable or an accurate representation of the facts for the Reform
to stand in the House and talk about a tax cut when what they would
do would be to impose an unbearable financial burden upon low
income Canadians.
Mr. Ken Epp (Elk Island, Ref.): Mr. Speaker, we are talking
here about the difference between this government's policy of
taxing people whether they are poor or not and leaving their
earnings in their own hands.
(1135 )
Let me tell the truth about the Reform Party's plan. A single
parent on social assistance with two children will have $1,300 more
per year. A single parent earning $22,000 would get to keep an
additional $200 each month and would keep that away from the tax
man. Two parents making $35,000 would have their taxes reduced
by $2,800 per year.
7189
This country is in trouble when we have a finance minister who
cannot understand how wrong it is to tax the poor. Why is the
minister refusing to give poor parents tax relief so that they can
provide for their children with pride and independence without
having to rely on government handouts?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
that is not what the Reform Party is suggesting.
The Reform Party has said that its very first act will be to cut
$3.5 billion in welfare payments. At the same time Reform has said
that none of its positive programs will come in for years after it has
in fact devastated the social fabric. That is the basis of the Reform
program.
In last year's budget the government doubled the working
income supplement. That helps poor Canadians. In last year's
budget the Minister of Justice and myself announced a
tremendously reformed set of social programs for families with a
custodial parent who is having difficulty.
If we look at the caregivers credit and every single measure of
our budget, they were all directed to helping low income
Canadians. The only question that comes up is: Why did the
Reform Party vote against every one of them?
* * *
[
Translation]
Mr. Pierre Brien (Témiscamingue, BQ): Mr. Speaker, my
question is for the Minister of National Defence.
Yesterday, the Canadian government chose to give up its
leadership regarding a humanitarian mission to eastern Zaire. The
Minister of Foreign Affairs said that the crisis had shifted to inside
Rwanda where the problem now was the resettlement of refugees
returning home. For his part, the defence minister announced
yesterday the cancellation of the Canadian-led mission and
questioned whether last week's highly publicized plan to air drop
food would go ahead.
Are we to understand that the Canadian government has given up
on eastern Zaire where, according to the UN envoy, some 300,000
refugees are still trapped, to concentrate its efforts solely on the
resettlement of refugees who are returning to Rwanda?
Hon. Douglas Young (Minister of National Defence and
Minister of Veterans Affairs, Lib.): Mr. Speaker, the member
knows fully well that nobody said yesterday that we were going to
cancel the humanitarian mission in Zaire and Central Africa.
What we said is that military developments in that area are being
monitored by a steering group made up of representatives from
countries belonging to the coalition. General Baril is assessing and
will continue to assess the situation in the field.
There is no doubt that the situation has evolved dramatically.
Canada did not go there on a unilateral basis, and will not leave on
a unilateral basis. What is happening over there is based on
assessments made by all parties involved in the mission, and who
are party to the agreement reached a few weeks ago as a result of
the Canadian Prime Minister's initiative.
The sad thing in all this is that the hon. member does not seem to
realize that the huge success we encountered over there resulted in
the unprecedented return home of over 700,000 refugees from
Zaire to Rwanda, without any casualty or endangering troops in the
field.
Mr. Pierre Brien (Témiscamingue, BQ): Mr. Speaker, instead
of claiming, as the defence minister did yesterday and as he is
doing again today, that Canada played a major role as a catalyst in
the return of refugees and that the whole process was a phenomenal
success, will the minister admit that if he really wants to show
some leadership, he should convene an international conference to
find some permanent solutions to the conflicts in the great lakes
region?
Hon. Don Boudria (Minister for International Cooperation
and Minister responsible for Francophonie, Lib.): Mr. Speaker,
I announced yesterday, and I even personally handed over to my
colleague across the way the press release in question, that next
Friday there will be a conference in Kigali where we will offer help
to all the countries in the great lakes region.
(1140)
We will offer food aid as well as other forms of assistance like
justice reform and reconciliation measures for those people
affected by the conflicts in that region.
I am happy that the member raised the question, but this is
already being done. The conference has been convened for next
Friday in Kigali, under the chairmanship of Canada.
* * *
[
English]
Mr. Jim Hart (Okanagan-Similkameen-Merritt, Ref.):
Mr. Speaker, the Department of National Defence has apparently
lost some $200 million in equipment through the foreign military
sales program. Audits show that it has used the program as a year
end slush fund and that it cannot account for millions of dollars in
missiles and torpedoes and other mission sensitive equipment.
This incompetence has been going on for 15 years. Can the
minister explain why no action has been taken to rectify this waste
and mismanagement at the Department of National Defence?
Hon. Douglas Young (Minister of National Defence and
Minister of Veterans Affairs, Lib.): Mr. Speaker, first of all, I do
not accept the statement by the hon. member that $200 million has
7190
been wasted and that nobody knows where missiles and other types
of military matériel might be.
What I do agree with, however, in the context of the question put
by my hon. friend, is that there have been some questions raised
about the way this fund has been managed over many years because
of the requirement of the American government with respect to the
acquisition of military matériel from the United States.
An internal audit is being conducted. Unless he and the House of
Commons, to whom we are accountable, are thoroughly satisfied
with the results of that audit, we will take whatever measures are
appropriate.
Mr. Jim Hart (Okanagan-Similkameen-Merritt, Ref.):
Mr. Speaker, that is no comfort to the Canadian taxpayer. The
Department of National Defence has lost $200 million of
taxpayers' money. Nothing has been done to rectify this problem
which has been going on for 15 years.
The audit notes show that the problems have continued all the
way through 1996, including today. The department knows full
well about this mismanagement of taxpayers' money and has
refused to take any action.
Will the minister immediately request that the Auditor General
of Canada conduct a complete audit on the foreign military sales
program and report back to the House before the Minister of
Finance tables the next budget?
Hon. Douglas Young (Minister of National Defence and
Minister of Veterans Affairs, Lib.): Mr. Speaker, the hon.
member refers to documentation that he has in his possession. In
the interests of trying to do the best thing, and in the interests of the
Canadian taxpayers, I would appreciate receiving copies of that
information. I am sure the hon. member will have no difficulty in
providing us that.
With respect to the internal audit to which I referred, it is
ongoing.
In response to the final part of his question, with respect to the
Auditor General of Canada, I have already had a discussion with
the auditor general with respect to this matter.
* * *
[
Translation]
Mr. Michel Guimond (Beauport-Montmorency-Orléans,
BQ): Mr. Speaker, my question is for the Minister of Transport.
In his recent report to the House, the auditor general noted that of
the four information technology projects audited this year, with a
total budget of three billion dollars, three are experiencing major
problems while the fourth one will probably be significantly late.
In the case of the Canadian automated air traffic system or
CAATS, how can the minister explain that renegotiation of the
contract by his department resulted in a $217 million increase, and
for less service?
[English]
Hon. David Anderson (Minister of Transport, Lib.): Mr.
Speaker, the hon. member is quite correct in pointing out that in the
history of the CASS program, the computer program he is talking
about, which I might add is a very sophisticated program dealing
with aerial navigation, not only have there been changes to the
program put forward by Hughes, but also cost overruns.
This is a matter of considerable regret and concern to the
government. We have done everything that we possibly can to try
to ensure that we get best value for that contract. I must point out to
him, although the Reform Party does not appear to want to hear the
facts on this situation, that when entering a contracting situation for
the development of future technology from a corporation such as
the Hughes Aircraft, it is not possible to take the same approach as
buying a can of soup on the shelf of a store. A certain amount of
discussion must take place back and forth as the development takes
place and as the scientists and computer technicians develop the
technology that you may wish to put in place.
(1145)
[Translation]
Mr. Michel Guimond (Beauport-Montmorency-Orléans,
BQ): Mr. Speaker, there is quite a difference between what the
minister is saying today in the House and what his department told
the auditor general, as noted in the auditor general's report.
Does the minister not agree that by giving biased information to
the auditor general, maintaining that renegotiation of the contract
did not lead to any substantial increase in cost, despite a real
increase of $217 million, his department was trying to hide from
Canada and Quebec taxpayers its poor management of the project?
[English]
Hon. David Anderson (Minister of Transport, Lib.): Mr.
Speaker, the imagination of the hon. member is impressive but not
realistic. When developing new technology for highly
sophisticated navigational systems, the contract must be flexible to
some degree. In some instances you may be paying substantially
less than expected if progress is better than anticipated beforehand.
Sometimes you may find yourself having to accept less or pay
more. We were in that situation.
I assure him, as he has made reference to the auditor general, that
the auditor general received all that information. But I should point
7191
out that we simply cannot compare the purchasing of technology
which has not yet been developed, not yet in existence, with the
purchase of some other product off the shelf of a supermarket. It is
simply not possible to have the same approach.
Inevitably, situations will arise where the development takes a
lot more time or costs a lot more money than people-before they
know what they are really into in that regard-anticipate.
* * *
[
Translation]
Mr. Eugène Bellemare (Carleton-Gloucester, Lib.): Mr.
Speaker, my question is for the Minister of Labour.
[English]
The residents of Canada's national capital region and
surrounding areas will soon be suffering through a third week of a
municipal bus strike. It is snowing and it is cold out there. People
are trying to get to work. Students are trying to pursue their
educations. Seniors are imprisoned in their homes and cannot get to
medical appointments. Merchants are suffering and the
unemployed cannot get around to find jobs.
Does the Minister of Labour intend to intervene in this bus strike
in order to break the impasse between OC Transpo and the union?
Hon. Alfonso Gagliano (Minister of Labour and Deputy
Leader of the Government in the House of Commons, Lib.): Mr.
Speaker, the Canada Labour Code, which governs the talks between
the transport commission of the Ottawa-Carleton area and its union
provides for the free collective bargaining process.
Both parties asked me to appoint a mediator which I did
immediately. I urged both parties, union and management, but I
especially urged the transport commission to use the mediator's
services in order to find a settlement to this dispute. Then the
people of the region would have the transportation service they
need and want.
I hope both parties acknowledge this is the only way to solve
disputes. Go to the negotiation table and seriously negotiate. If in
the next few days that goodwill appears at the negotiation table
then I am sure there will be a settlement.
* * *
Ms. Val Meredith (Surrey-White Rock-South Langley,
Ref.): Mr. Speaker, it has been reported that in the three years the
government has been in power, 5,000 illegal immigrants have been
smuggled into Canada from the Netherlands. Dutch police have
expressed their surprise at the reluctance of the Canadian officials
to do anything about this situation.
I ask the Parliamentary Secretary to Minister of Citizenship and
Immigration, what if anything is the government planning to do to
stem the flow of illegal immigrants into Canada?
(1150 )
Ms. Maria Minna (Parliamentary Secretary to Minister of
Citizenship and Immigration Lib.): Mr. Speaker, it is very
important to mention that Canada has a longstanding commitment
to bilateral endeavours with several nations in the area of illegal
migration. Canada has been working with such officials to uncover
and investigate the smuggling ring. Our co-operation in this matter
is continuing.
Canadian interdiction activities have resulted in a 50 per cent
decrease in the number of improperly documented arrivals at
Canadian airports since 1990. There is a great deal of activity in the
department to deal with this issue and it is quite successful.
Ms. Val Meredith (Surrey-White Rock-South Langley,
Ref.): Mr. Speaker, talk is cheap. What Canadians want is action.
In April, immigration officers arrested a man for smuggling four
Chinese refugee claimants into Vancouver airport. When the case
went to court, the smuggler received a sentence of one day in jail.
One day in jail is not going to be a deterrent for anybody in the
multibillion dollar industry of trafficking of people.
I ask the parliamentary secretary if the government is prepared
to introduce tough new penalties that would deter these criminals
from trafficking in human beings?
Ms. Maria Minna (Parliamentary Secretary to Minister of
Citizenship and Immigration Lib.): Mr. Speaker, the fact that the
individual received jail it is obvious that we have very strong
legislation-
Ms. Meredith: One day in jail?
Ms. Minna: Nonetheless the individual will be deported and not
be allowed to stay in this country. Bill C-44 deals very clearly with
that issue, something which the opposition did not support.
As I said before, the RCMP have very strong relations with
police abroad. In this case, which the hon. member has cited, by
working together with the Dutch officials we have uncovered this
issue and it is being dealt with. The system is working. When
people are caught they are deported. The system we have in place is
very effective.
* * *
[
Translation]
Mr. Yvan Loubier (Saint-Hyacinthe-Bagot, BQ): Mr.
Speaker, yesterday, the finance minister said in this House, and I
quote:
7192
``When someone leaves the country, it is quite likely the tax is not
due, since the item in question was never sold; so there is no capital
gains tax''.
His motion tabled on October 2 indicated that, when assets are
transferred out of the country, there is deemed disposition. The
capital gain must be calculated and the tax is payable.
My question is quite simple, it is a Taxation 101 question. Yes or
no, does a transfer of assets out of the country cause a disposition
and thus the calculation of the capital gain on which a tax is to be
paid?
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker, a
capital gain is realized when the item in question is sold. That
having been said, since we have the right to tax residents, we want
to ensure that someone who is a resident and who becomes a
non-resident pays us the tax when it is due. The tax is determined
when the emigrant leaves the country.
If the emigrant did not sell the item, this is treated the same way
as if someone had something to sell in the country, that is, when it
is sold, the tax is payable, except that it is determined when the
emigrant leaves the country. That is where we ask for the security.
Mr. Yvan Loubier (Saint-Hyacinthe-Bagot, BQ): Mr.
Speaker, I now realize that the minister tables ways and means
motions and related documents without knowing what they
contain. It is incredible to hear such things.
Thus, according to the minister, there is no disposition when a
rich taxpayer transfers his assets out of the country. However, the
motion he tabled on October 2 said, and I quote once again: ``When
there is a transfer of trusts out of the country, we ask for a security
that is sufficient to pay for any tax due through the deemed
disposition''. This is exactly the opposite of what the minister just
said. This is incredible.
Hon. Paul Martin (Minister of Finance, Lib.): Mr. Speaker,
the hon. member has the flu, so I also understand this is sometimes
hard to follow.
The member just explained the exact situation. The tax is
determined when the emigrant leaves the country. The capital gain
taxable in Canada is the difference between the purchase price and
the value when the emigrant leaves the country. The gain is realized
when the item in question is sold, which is the same as when this
happens in the country.
* * *
(1155)
[English]
Mr. Bob Ringma (Nanaimo-Cowichan, Ref.): Mr. Speaker, a
former CRTC chairman stated that Canadians that rely on direct to
home satellite service from the United States would not be
prosecuted for violating CRTC regulations.
Recent media reports indicate that maybe officials are getting
ready to prosecute those persons whose only crime appears to be
that there is no Canadian provider of those satellite services.
Will the Minister of Industry give his assurance to the House and
the people of Canada that until companies in Canada start
providing DTH services that Canadians who receive U.S. signals
will not be charged with an offence.
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, I thank the member for his question. I think he
understands that it is very important that we distinguish between
the black market in this trade and the grey market.
It is an offence to tamper with the equipment that enables people
to acquire signals from satellites without paying for them. That is
the black market. In the cases that have been reported in the
newspapers it has been a case of the RCMP endeavouring to
enforce the law in respect of the black market.
With respect to the grey market generally speaking, consumers
will acquire a system through an intermediary that orders the direct
to home service from an address in the United States and they pay
indirectly for that service. It is not our intention to take any legal
action against those subscribers.
I would like to make sure that they understand that they do not
have the ability to ensure that the service will continue to be
delivered to them. In fact, they may be at peril of losing a fairly
substantial investment of $1,000 to $1,500 in the equipment
because there is no way to ensure that the American service
provider will continue to provide them with service.
Mr. Bob Ringma (Nanaimo-Cowichan, Ref.): Mr. Speaker,
the minister will be aware that the reason for the grey market is that
there are no Canadian providers. The reason there is no Canadian
service is because of CRTC regulations, an over abundance of
regulations and hurdles that these companies have to go through.
What will the government do to clear away the obstacles and the
red tape that prevent Canadian companies from fulfilling the
market that is there, ready and waiting?
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, the hon. member will be pleased to know that at least one
7193
Canadian provider expects to be offering a service in the very near
future.
In addition, the hon. member will know that we launched a
request for submissions to the private sector in the hope that on a
fast track we will have a proposal by December 15 to establish a
Canadian direct to home satellite service in the Canadian satellite
slot.
The hon. member will also know that if we are to have a
Canadian service we need to be able to ensure that the service is up
and running. To do that it is necessary for us to ensure that there is
respect for the law and that the licensing laws in Canada are
applied.
He will know that a Canadian service provider would not be
licensed to provide direct to home service in the United States. I am
sure for that reason he would not encourage us to permit U.S.
service providers to provide service in Canada.
* * *
Mr. Gerry Byrne (Humber-St. Barbe-Baie Verte, Lib.):
Mr. Speaker, my question is for the minister assisting the important
work of the Secretary of State for the Status of Women.
Today is the National Day of Remembrance and Action on
Violence Against Women. I would like to know how the
government has responded to the calls to end violence against
women and how the government is marking this important day.
(1200 )
Hon. Don Boudria (Minister for International Cooperation
and Minister responsible for Francophonie, Lib.): Mr. Speaker,
on behalf of the government I would like to recognize the
significance of this very important day.
The attacks of seven years ago at l'École Polytechnique shook
all Canadians.
Today the secretary of state is in Vancouver holding a round
table against commercial sexual exploitation of children, the
majority of whom, of course, are girls. It is a form of violence that
strikes the most vulnerable.
Our government has introduced gun control legislation,
legislation against criminal harassment and we have supported
women's programs and shelters. We have accomplished a great
deal.
I recognize that this is a societal problems and all men have to be
interested in this issue of violence against women, in large measure
perpetrated by men.
7193
ROUTINE PROCEEDINGS
[
Translation]
Hon. Alfonso Gagliano (Minister of Labour and Deputy
Leader of the Government in the House of Commons, Lib.): Mr.
Speaker, pursuant to Standing Order 32(2) and to section 9 of the
Employment Equity Act, 1986, I have the honour to table, in both
official languages, the Employment Equity Act annual report.
Pursuant to Standing Order 32(5), this report is deemed referred
to the Standing Committee on Human Resources Development.
* * *
[
English]
Mrs. Sue Barnes (Parliamentary Secretary to Minister of
National Revenue, Lib.): Mr. Speaker, pursuant to Standing Order
32(2), I am pleased to table, in both official languages, the report
on the security incident concerning taxpayer information found in
surplus filing cabinets.
* * *
[
Translation]
Mrs. Sue Barnes (Parliamentary Secretary to Minister of
National Revenue, Lib.): Mr. Speaker, pursuant to Standing Order
36(8), I have the honour to table, in both official languages, the
government's response to eight petitions.
* * *
[
English]
Mrs. Beryl Gaffney (Nepean, Lib.): Mr. Speaker, I have two
petitions to present. The first one has 313 signatures and the other
has 250, most from the city of Nepean.
The petitioners believe that there are profound inadequacies in
the sentencing practices concerning individuals convicted of
impaired driving charges and that Canada must embrace the
philosophy of zero tolerance toward individuals who drive while
impaired by alcohol.
The petitioners request that Parliament proceed immediately
with amendments to the Criminal Code that will ensure that the
sentence given to anyone convicted of causing death by driving
7194
while impaired carries a minimum sentence of 7 years and a
maximum of 14 years.
Mrs. Beryl Gaffney (Nepean, Lib.): Mr. Speaker, the second
petition has signatures from 25 people. These people are concerned
that there continue to exist over 30,000 nuclear weapons on the
earth and that the continuing existence of nuclear weapons poses a
threat to the health and survival of human civilization and the
global environment.
They ask that Parliament support the immediate initiation, by the
year 2000, of an international convention which will set out a
binding timetable for the abolition of all nuclear weapons.
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, I have
to petitions to present today.
The first comes from Hamilton, Ontario. The petitioners draw to
the attention of the House that our police and firefighters place
their lives at risk on a daily basis as they serve the emergency needs
of all Canadians.
They also state that in many cases the families of officers and
firefighters killed in the line of duty are often left without sufficient
financial means to meet their obligations.
The petitioners therefore pray and call on Parliament to establish
a public safety officers compensation fund to receive gifts and
bequests for the benefit of families of police officers and
firefighters who are killed in the line of duty.
(1205)
Mr. Paul Szabo (Mississauga South, Lib.): Mr. Speaker, the
second petition comes from Calgary, Alberta.
The petitioners draw to the attention of the House that managing
the family home and caring for preschool children is an honourable
profession which has not been recognized for its value to our
society.
The petitioners therefore pray and call on Parliament to pursue
initiatives to assist families that choose to provide care in the home
for preschool children, the disabled, the chronically ill or the aged.
Mr. David Chatters (Athabasca, Ref.): Mr. Speaker, I would
like to present a petition today by residents from all over Alberta.
The petitioners ask the government to remove the taxation on
reading material. The petitioners believe that the application of the
7 per cent GST to reading material is unfair and wrong. Education
and literacy are critical to the development of our country and a
regressive tax on reading material hampers that development.
Ms. Maria Minna (Beaches-Woodbine, Lib.): Mr. Speaker,
on behalf of some of my constituents in Beaches-Woodbine I
present a petition asking the federal government to honour its
commitment outlined in the red book committing itself to quality
and accessible child care.
The petitioners state this commitment to family and children can
be met by recognizing that child care is an infrastructure program
that allows parents to work toward their goals of economic
independence. As a social infrastructure program, the petitioners
would like the government to provide highways to social,
economic and developmental growth to thousands of Canadians
both young and old.
* * *
Mrs. Sue Barnes (Parliamentary Secretary to Minister of
National Revenue, Lib.): Mr. Speaker, the following question will
be answered today: Question No. 93.
[Text]
Question No. 93-Mr. Cummins:
What dams or other obstructions has BC Hydro erected on rivers in British
Columbia and what has been the effect of each obstruction on the life-cycle of the
various species of salmon?
Mr. Ted McWhinney (Parliamentary Secretary to Minister
of Fisheries and Oceans, Lib.): According to the Department of
Fisheries and Oceans DFO, records, there are at present 33 existing
dams and diversions built and operated by B.C. Hydro in the
province. These are as follows. In the Columbia Region: Mica
Project, Revelstoke Project, Keenleyside Project, Seven Mile
Project, Walter Hardman Project, Whatshan Project, Spillimacheen
Project, Aberfeldie Project, Elko Project, Duncan Project,
Kootenay Canal Project.
Northern B.C.: WAC Bennett Dam and GM Shrum Generating
Stations, Peace Canyon Project, Falls River Project, Clayton Falls
Project.
Fraser River and Lower Mainland: Shuswap Falls Project,
LaJoie Project, Bridge River Project, Seton Project, Wahleach
Project, Stave Falls Project, Ruskin Project, Coquitlam Project,
Buntzen Project, Alouette Project, Cheakamus Project, Clowhom
Project.
Vancouver Island: Strathcona Project, Ladore Project, John Hart
Project, Puntledge Project, Ash River Project, Jordan River
Project.
The potential effects of flow control on fish and fish habitat
include effects on productivity and water quality in reservoirs and
effects on habitat quantity and quality, benthic productivity, water
quality and fish behaviour downstream of release facilities. A list
of the potential impacts of hydro dams and diversions on salmon is
given below.
7195
Physical Change
Upstream
Drawdown -reduced littoral productivity
-reduced littoral spawning success
-reduced tributary access
-reduced water quality
Impoundment -reduced dissolved oxygen
-settling of suspended sediment
Downstream
Reduced flow -reduced habitat quantity
-altered water temperature
Inadequate flushing flow -accumulation of fine sediments in
gravel substrate
-changes in stream morphology
Increased flows -scouring of substrates
-physical displacement of fish
-destabilization of stream banks
Rapid flow fluctuation -displacement and stranding of fish
and exposure of eggs
Flow diversion -disruption of fish homing to natal
streams
Altered temperature -altered habitat quality
regime -altered benthic productivity
Altered water quality -altered benthic productivity
Elevated total gas -injury or death of fish due to gaspressure bubble disease
The majority of B.C. Hydro projects were undertaken many
years ago. At that time, potential impacts of facility operations on
fish and fish habitat at a specific site were often not fully known
owing to limited knowledge of the fisheries resources at risk at that
site. Furthermore, in today's context, fish and fish habitat are often
impacted by B.C. Hydro's management of its day to day
operations. For example, flow constraints imposed at one plant for
fisheries protection may have a system-wide effect, for example,
block loading at one plant may increase load fluctuations at another
plant, or result in even greater impacts at another facility. This is
why it is important for DFO to work with B.C. Hydro to attempt to
maximize benefits to fisheries from hydro operations.
In June 1993, the B.C. government directed B.C. Hydro to
undertake a review to determine the feasibility of altering its
electric generation system, operations to increase net social and
environmental benefits to the province. The provincial government
liaison committee, responsible for implementing the
recommendations stemming from this review, established a fish
power issue management committee on which DFO has
representation. This committee in turn has established a technical
working group which is reviewing B.C. Hydro water licences for
facilities located on 10 priority watersheds in coastal and southern
interior B.C., all of which support salmon. All 88 B.C. Hydro water
licences will be reviewed within the next 3 years.
Through its participation on these committees and working
groups, DFO is working to have fisheries protection measures
incorporated into B.C. Hydro water licences. An example of recent
fisheries/hydro interactions was the resolution of the low flow
issue on Alouette River. Stakeholder negotiations involving federal
and provincial agencies, First Nations, B.C. Hydro and public
advisory groups resulted in a flow agreement based on
scientifically defensible information and a socioeconomic model.
Despite such co-operative work, fish-power conflicts continue to
arise in B.C. DFO will continue to work with B.C. Hydro to
minimize these events but will nevertheless take action where
appropriate, as is evident with the current Fisheries Act
prosecutions for events occurring on the Bridge River in 1992 and
1993.
[English]
Mrs. Barnes: I ask, Mr. Speaker, that the remaining questions be
allowed to stand.
The Deputy Speaker: Is that agreed?
Some hon. members: Agreed.
_____________________________________________
7195
GOVERNMENT ORDERS
[
Translation]
The House resumed consideration of the motion that Bill C-62,
an act respecting fisheries, be read the second time and referred to a
committee, and of the amendment and amendment to the
amendment.
The Deputy Speaker: Five minutes were promised to hon.
member for Gaspé for questions and comments, but this seems to
be impossible as the hon. member for Gander-Grand Falls is not
in the House.
Mr. Yvan Bernier (Gaspé, BQ): Mr. Speaker, I would still like
to make a comment.
The Deputy Speaker: Agreed.
Mr. Bernier (Gaspé): Mr. Speaker, I am sure that the hon.
member for Gander-Grand Falls will be very interested in the
comment I have to make following his speech.
There are two points in my comment. The hon. member for
Gander-Grand Falls argued that the Bloc and the Reform Party
were against such a nice bill which, according to him, is protecting
us against the bad countries which come to fish our straddling
stocks. The hon. member said that we, in the Bloc, are against that,
which is not true.
I hope he will respond to this because the Bloc Quebecois
immediately offered its support when Brian Tobin, who was then
7196
fisheries minister, wanted to introduce a bill protecting these
straddling stocks and allowing us to use force if necessary. The
Bloc Quebecois agreed; it was a historic moment. The secretary of
state for agriculture and fisheries was present at the time. The Bloc
Quebecois agreed to go through the three stages of that bill in one
day. Is the use of such common sense not a sign of co-operation?
Is there any common sense in this bill? That is the question. We
proved to you that we are willing to support any sensible initiative,
but this is not the case.
I have a second comment. The hon. member for Gander-Grand
Falls has been sitting in this House for 20 or 25 years maybe and
has seen a lot of governments-both Conservative and
Liberal-come and go. There were changes in government in his
own province, with the Tories and the Grits taking turns, but
despite all his whining a moment ago, he never once said to us that
somewhere in this bill, the federal government is protecting his
own province.
(1210)
Where in the bill does it say that the Newfoundland fisheries
minister will have a say in ensuring that Canada and the fisheries
minister protect the stocks adequately? Nowhere. Nowhere is it
mentioned in the bill.
How often did Clyde Wells, the Liberal Premier of
Newfoundland, come to Ottawa to say to then fisheries minister
Crosbie, a Conservative, that foreign overfishing had to be
stopped? There was no official link, the federal Minister of
Fisheries had no obligation whatsoever to listen to his provincial
counterpart.
What happened? Things dragged out. What did it take for the
government to finally introduce legislation against overfishing?
Maybe a combination of circumstances. There was Mr. Tobin, a
Liberal minister from Newfoundland, and there was also a
provincial Liberal government, under the leadership of Clyde
Wells. As a member of the Bloc, I myself said that this bill made
perfect sense and that we would vote for it.
Where does it say the Government of Newfoundland will have a
say? Things will not always be as they are today. Imagine that the
Conservatives are back in office or that we have a Reform
government. Who knows what can happen? Do you think that the
Newfoundland fisheries minister would see eye to eye with a
Reform Prime Minister? We in the Bloc do not wish to form the
government. The rest of Canada will be on its own.
Think about a way of allowing the provinces to be heard.
Newfoundland is surrounded by sea. Newfoundland must have a
say; the central government must not be the only one to decide.
As a responsible parliamentarian, the hon. member for
Gander-Grand Falls must ensure that, next time, this government
will introduce measures protecting his province.
The Deputy Speaker: Because the member for Gaspé was
promised a few more minutes by the Chair, he was allowed to speak
for five more minutes.
As every member knows, the member who made the comments
that triggered this reply was not in the House. Usually, one cannot
speak if the member who made the comments is not in his or her
seat.
Mr. Bob Ringma (Nanaimo-Cowichan, Ref.): Mr. Speaker,
first of all, I would like to tell my colleague, the hon. member for
Gaspé, that I agree with many of the things he said about our
colleague, the hon. member for Gander-Grand Falls-
[English]
-who is taking great advantage of blaming everything that is
happening on the Conservatives while he is reluctant for the
Liberals to take any blame for what has happened in the fisheries.
The government has put before the House Bill C-62, the fisheries
act. This legislation will radically change the management of the
fishery as we have known it for over 150 years. If passed, Bill C-62
would give the Minister of Fisheries and Oceans unlimited
discretion to carve up the public fishery into private and exclusive
fisheries. That is bad news.
The bill contains no requirement for any publication of private or
exclusive fisheries agreements. There would be no guidelines on
who might be the recipient of these agreements. The private fishing
agreements can override any regulation governing the public
fishery made by the governor in council, that is, the cabinet.
These fishing agreements would be similar to the aboriginal
fishing agreements that the government currently enters into with
native bands under its aboriginal fishery strategy. We heard nothing
about that from the member for Gander-Grand Falls.
(1215)
Under this bill the minister would be given unlimited discretion
to make his own regulations and to organize the fishery by
ministerial decrees or orders. These ministerial orders could
override a condition of a licence. The bill would give the minister
the power to take away the historic common law public right to fish
in exchange for a privilege dependent on the whim of the minister.
The government would be able to transfer its constitutional
responsibilities for fisheries management, enforcement, and
habitat protection to the provinces without coming back to seek the
consent of this Parliament.
The government views this new legislation as a political
necessity following three decisions of the supreme court last
August. The court held that British Columbia natives do not have a
constitutional right to a separate commercial salmon fishery. The
7197
decisions exposed the native only commercial fishery
arrangements undertaken by the government as a fraud.
In the past the public was assured that the government had been
required to establish the separate fishery by the courts. There is
now greater awareness that the present Fisheries Act does not give
the government authority to establish a native only commercial
fishery. The government has been operating outside the law.
Without the new powers in the bill, the Department of Fisheries
and Oceans would probably be unable to operate a separate native
commercial fishery. The government would also have to admit that
the criticism levelled by fishermen against this separate native only
commercial fishery was correct.
The bill would give unlimited discretionary power to the
minister to regulate the fishery, to enter into private fishing
agreements, to transfer control to the provinces but without any
accountability, without yardsticks with which to evaluate what the
government is doing.
A new fisheries act ought to deal with the real problems in the
fishery, not simply make life easier for the government. It ought to
solve problems, not create new ones. It ought to respect the law, not
try to get around the law.
Let me remind the government of some issues that Bill C-62
ought to have addressed. John Fraser, a respected former Speaker,
in his study of the mismanagement of the salmon fishery on the
Fraser River in 1994 identified problems with fisheries and oceans.
Then the government in the spring of 1995 undertook to implement
all 35 recommendations from Mr. Fraser.
A study undertaken in the spring of this year by DFO evaluated
the department's success in implementing Fraser's
recommendations. Let me read directly from the study. DFO's own
study speaks eloquently of the department's failure. One of
Fraser's recommendations was:
That DFO retain and exercise its constitutional responsibilities and not in any way
abrogate its stewardship of resources under federal jurisdiction. Conservation must
be the primary objective of both fisheries managers and all others participating in the
fishery. That conservation must prevail throughout and be adhered to by all.
The evaluation study instead found that ``stock-specific
conservation of the Fraser River sockeye is threatened. DFO cannot
hope to succeed without a clear vision of what it is trying to
achieve''. It stated: ``The first requirement therefore is an explicit
definition of conservation''. It also stated: ``There can be no
conservation of Fraser sockeye salmon in the long run without
equivalent care and protection for habitat on which fish stocks
rely''.
Bill C-62 does not contain any definition of conservation and
Bill C-62 weakens habit protection. Bill C-62 would allow the
government to transfer to the provinces responsibilities for habitat
protection, the very opposite of what Fraser recommended.
(1220)
Let me go on with Mr. Fraser's recommendations: ``That DFO
and the Pacific Salmon Commission''-of which we heard nothing
from the member from Gander-``adopt a risk aversion
management strategy because of the great uncertainty on stock
estimates, in season catch estimates and environmental problems''.
The evaluation study undertaken this year by DFO under contract
found: ``A risk averse strategy has not yet been developed. We
found that DFO's actions were not the result of an explicit, well
defined averse management strategy but rather were a response to
the unprecedented events of the 1995 fishery''.
Therefore we can conclude that Bill C-62 does not contain any
requirement for risk averse management of the fishery or even a
definition, totally contrary to what was recommended in the Fraser
report. Let us take another recommendation of Mr. Fraser's:
DFO develop better co-ordinated inter-party communications among its staff and
between staff and the Pacific Salmon Commission, First Nations, commercial and
recreational fishing groups, with a greater degree of co-operation aimed at enhanced
in season management and post season evaluation, and at fostering working
arrangements among all parties-
So much for the recommendation by Mr. Fraser. The evaluation
study found: ``Tensions between DFO and the Pacific Salmon
Commission persist particularly with respect to the free flow of
data. This is true of integration with both ocean fisheries and in
river aboriginal fisheries''.
We conclude that Bill C-62 does not contain any requirement
that there be a free flow of scientific data between DFO and the
salmon commission. In fact Bill C-62 would continue to leave the
openings for aboriginal fisheries outside the commission. There is
only one set of fish and there cannot be two competing
organizations managing it in isolation from one another.
Bill C-62 would give the minister unlimited authority to sign
such agreements but without any recognition of Fraser's
recommendation. Let me cite another recommendation from Mr.
Fraser:
That the Canadian section of the Fraser River Panel be vested with responsibility
for in season management for Fraser River sockeye and pink salmon fisheries in
Canadian waters beyond the current Pacific Salmon Commission convention area.
Further, to facilitate communications and understanding between DFO and PSC of
the in season run and stock size estimates, a member of the DFO stock assessment
division be assigned to work closely with PSC during planning, estimation and
evaluation of run estimating procedures.
Instead, after that recommendation the evaluation study found
that there are still problems in the integration of DFO and Pacific
Salmon Commission activities particularly with respect to the
transfer of information. The evaluation study found that based on
numerous interviews with DFO staff and industry reps, it is clear
7198
that certain difficulties still face the integration of panel fisheries
and non-panel fisheries.
The evaluation study found instead: ``We understand from both
parties, DFO and PSC, that relations between the two organizations
have been somewhat strained in recent years-effective
communication and co-operation between the two are essential to
conservation and good management of Fraser sockeye'', that is
Fraser River sockeye. ``Whether the problems arise from politics or
personalities, immediate action is required to ensure effective
communications and co-ordination between DFO and PSC''.
(1225 )
Bill C-62 ignores this problem. Because it is a structural problem
involving two separate organizations each operating under its own
statutes, specific recognition of this problem in the bill would have
gone a long way to solving it. Ignoring this longstanding west coast
problem will not make it go away. Unfortunately it guarantees that
it will be with us indefinitely.
Let us look at another Fraser report recommendation:
That an independent Pacific fisheries conservation council be established to act as
a public watchdog for the fishery, to report to ministers and the public annually and
from time to time as is appropriate.
What did the evaluation study find with regard to that
recommendation? It found to date that DFO has not developed an
annual review process as recommended in the Fraser report. It
found that the consolidated annual review process such as was
called for has not yet been implemented.
The Fraser commission made a whole series of
recommendations. Fraser is a well-respected man. The evaluation
study, which went hard on its heels, has virtually ignored many or
most of the recommendations.
Bill C-62 as a bill is good news, but only for the minister of
fisheries. To the fish, fishers and people of Canada it is bad news.
The Reform Party cannot in any way support Bill C-62.
The Deputy Speaker: I thank the hon. member for
Nanaimo-Cowichan for bearing witness to the fact that the
speeches are now 10 minutes and there are no further questions or
comments.
[Translation]
Mr. Michel Bellehumeur (Berthier-Montcalm, BQ): Mr.
Speaker, I am very happy to speak to Bill C-62, on fisheries, which
the minister repeatedly called the bill of the century. For his part,
the critic for the Bloc said that the bill of the century was rather a
botched job.
Why do we, from the Bloc, say that this bill is a botched job?
Simply because it is not what the industry requires. It will allow all
kind of activities and will leave the door wide open to patronage. I
think that instead of helping the individuals and companies the
minister said he intended to help, the bill will greatly complicate
matters for them.
The Bloc thinks that there are three major flaws in Bill C-62. The
first one concerns the provisions which allow the minister to
choose the fisheries management agreements partners. It is obvious
that the minister is giving himself all the leeway he needs to decide
whom he will be dealing with, who will be making the decisions.
It is clear that the industry itself never wanted the minister or his
top civil servants to make the decisions; lately, it has been seen that
ministers are not very knowledgeable about their own departments.
We have seen that, at present, top public servants, and even junior
public servants, are calling the shots. At least that is the impression
left by the answers given in this Chamber. So, those public servants
will make the decisions instead of the people from the industry who
would have liked to be heard and play a leading role in shaping the
important decisions that are badly needed to improve the fisheries.
I repeat that we are not against legislation that would modernize
and improve the situation of the fishers. In fact, that is what we are
waiting for. But the minister's approach is wrong.
Therefore, the first major flaw of the bill is the discretionary
power the minister wants, to choose the partners with whom he will
make the important decisions for the future of fisheries.
(1230)
The other major flaw is the devolution, which is certainly
inadequate and inconsistent. The federal Minister of Fisheries and
Oceans wants to transfer powers to the provinces, but he still
controls the levers.
There is a major inconsistency since, on the one hand, the
minister transfers to the provinces the authority to issue licences
while, on the other hand, he wants to negotiate agreements on the
management and protection of resources directly with industry
stakeholders without the provinces being involved in the
discussions.
That must be it, when we hear in every throne speech, year after
year, that the federal government is a flexible government. Yes, the
federal government is flexible as long as the other parties
co-operate. That is the kind of flexibility it means.
This bill is quite simple, generally speaking. The federal
government could prove its flexibility by giving the provinces
more jurisdiction and authority, but this bill shows that the right
hand of the government does not know what the left hand is doing.
My third point-and it is an important one-concerns the
establishment of fisheries tribunals. This is only a front for the
minister, and I would even dare say a real haven of patronage. Now,
why should I focus on this? As you know, I am justice critic, and it
is from this angle that I have looked at clause 65 and the clauses
7199
that follow dealing with the establishment per se of the fisheries
tribunals.
We understand that this was a response to certain difficulties
being experienced by the department. However, there are two
major problems with establishing these tribunals, and a look at Bill
C-62 will show us what they are.
If we look at clause 65 in part III, administrative sanctions, the
immediate conclusion is that these tribunals will be administrative
in nature. If we are talking about administrative tribunals, the
conclusion is that there will be decisions made that include
administrative sanctions, with fines that can be very heavy. The
Atlantic Fisheries Tribunal and the Pacific Fisheries Tribunal do
have an area of jurisdiction.
Clause 69 sets out members' terms of office:
(1) The members of a Tribunal shall be appointed to hold office during good
behaviour for a term not exceeding three years, but may be removed by the
Governor in Council at any time for cause.
(2) A member may be re-appointed to a Tribunal.
A three year term is not that long, especially when we know that
the minister will be laying down the ground rules. He will proceed
the way he wants, often without Parliament's knowledge. He will
establish regulations, and the people in the fisheries tribunals will
enforce them. Three years is not a long term of office. The bill may
well say that it cannot be exceeded, but if these people want their
career to go on a little longer than three years, they are much better
advised to dance to the minister's tune.
Everyone understands that, and I think that, on this three year
criterion alone, it is contrary to paragraph 11(d) of the Canadian
Charter of Rights and Freedoms. I also wonder about the
appointment of these tribunal members. Who will decide on
appointments?
An hon. member: Friends of the party.
Mr. Bellehumeur: The members across the way have the nerve
to tell me that it will be friends of the party. Yes, that is who it will
be. I am glad to hear it from the benches across the aisle. Yes, the
minister will appoint friends of the party. It is true, that is Liberal
party patronage for you.
In addition, the friends of the party who will be appointed to this
administrative tribunal will not even need to have legal
background.
(1235)
The only requirement is some ability in the areas of fish stocks
or administration. In areas of such importance, legal training
should have been a minimum requirement. I think this is extremely
important given the administrative sanction that will be applied to
people in the fishing industry.
This indicates the government's approach with the bill. They
start off with fine principles, as we have often seen. They shake a
lot of things up, they create great smoke screens and, in the end,
little changes. Unfortunately, this government has a false front.
We have seen it on a number of occasions involving lobby
groups and justice matters. I am the justice critic. The government
makes grand speeches, great discourse on violence, against
dangerous criminals, against this and against that. Why? For the
voters. It sells well.
Things are not any different with the fisheries bill. I hear a
Liberal member saying they never do that. He admits they do petty
politicking in such a case. It is unacceptable, particularly on the
part of the secretary in this matter.
We could have reached a consensus with the community,
because it wanted changes. But no. The Liberal government, the
minister, the minister's secretary were up to petty politics, as
always, for their personal gain and their own political ambitions
and not for the industry. This is why we will vote against the bill.
[English]
Mr. Mike Scott (Skeena, Ref.): Mr. Speaker, in my remarks I
want to respond to some of the comments which the hon. member
for Gander-Grand Falls made this morning in debate.
The member is, of course, quite right when he talks about the
foreign overfishing that has taken place in Canadian waters and just
outside Canadian waters which affects Canadian fish stocks.
He is quite right when he notes that it was the Conservative
government between 1984 and 1992 which dramatically increased,
by agreement, the amount of foreign fishing in Canadian waters.
I do not refer to these amendments as being amendments to the
Fisheries Act. I know that is how the government treats them.
However, if we look at the bill, it will create a new act. It replaces
the old act almost entirely.
There are, indeed, some aspects of the bill which are good. The
problem, and it is the same problem we have with many pieces of
government legislation, is that buried in among the parts of the
legislation which we can support are many aspects of the
legislation that we find totally reprehensible. Therefore we have to
decline our support for the entire piece of legislation.
I hope that members who feel strongly about foreign fishing in
Canadian waters and outside Canadian territorial waters, which
affects Canada's fish stocks, will understand that what we are
7200
saying is that the entire bill is so comprehensive and so far reaching
in its impacts that we cannot support it. I am going to go through
the main reasons, in the limited time I have, to discuss why we
cannot support the bill.
There are problems in almost every fishery in Canada today.
There are some fisheries that, thankfully, do not experience very
many problems or any serious problems at the present time.
However, they are the exception and not the rule.
(1240)
Whether Pacific salmon, Atlantic groundfish or lobster, most of
the fisheries in Canada are having problems of one sort of another
and some are very serious problems.
In 1992-93 the government had to declare a moratorium on
groundfish and cod in Atlantic Canada. We heard scientists talking
about environmental conditions, seal populations and so on, but the
raw fact is those stocks were overfished and overfished habitually
and regularly for many years.
Why were they overfished? In essence the decision making with
respect to catch limits, who could actually have a licence and how
the resource was going to be managed was basically driven by
politics, not by science and not by sound business principles. It was
driven by politics and of course the results are obvious.
I remember clearly watching the former minister of fisheries and
oceans under the Conservative government, Mr. Crosbie, in a press
conference in Newfoundland. He was sitting surrounded by DFO
officials and he said: ``We are hearing some scientific evidence that
is suggesting that we should reduce our quotas and reduce the
harvest rates on cod. But we are not prepared to make those kinds
of decisions because there are too many people who are depending
on this fishery for their jobs and their livelihood. We think the
scientific evidence is not strong enough and therefore we are just
going to allow the current catch rates to continue''. And they did.
They fished it right into the ground.
Yes, there may have been some environmental conditions which
added to the problem. Yes, there may have been some problems
with respect to seals which added to the problem but the seals were
not the main problem and the environment was not the main
problem. Those stocks were fished into oblivion. There remains the
question today of whether those stocks are going to rejuvenate over
time.
There is some indication and a ray of hope that some of these
stocks are starting to rebound as we speak and have been for the
last couple of years since the moratorium was imposed. That is
some stocks, but not all of them. Even the ones that have improved
have improved only marginally. There are not massive increases in
recruitment, massive increases in stock levels. There has been
some minor improvement and in some cases an improvement that
is encouraging for all who depend on the fishery.
The main problem is that politics has driven the decision making
process. It has been the same whether it has been a Tory
government or a Liberal government; it has been political decision
making.
For example, we have the FRCC now saying that there is a minor
improvement in stock levels. There is some hope that these stocks
are going to come back. We have a discussion taking place this fall
as to whether the cod fishery in Newfoundland, the upper St.
Lawrence River and Bay of Fundy is going to be reopened next
year for a limited commercial harvest.
Frankly, while I can understand that the FRCC would like to
have more and better information with respect to stocks, and that is
part of the reason it is recommending a very limited opening, in my
view it is a major mistake for the government to look at any kind of
a commercial harvest under the present circumstances. I am very
concerned that we are going to have a decision from the minister
very soon suggesting that is exactly what we are going to see next
year.
(1245 )
We have to get away from politics driving the decision making
process. This bill does not address any of the problems that I talked
about. It is going to give the minister much more power than he has
at the present time. The underlying reason for that is that the
minister wants to make more political decisions and not less.
The minister wants to be able to enter into agreements with
individual groups and organizations for access to fish stocks on an
exclusionary basis. That is something we have never seen in
Canada before. We know that the underlying reason for it is that the
government is trying to justify the aboriginal fishing strategy in
British Columbia. We know there is no constitutional or legal
support for the pilot sales aspect of the aboriginal fishing strategy,
which is what the government is trying to protect.
With the recent court decisions that were made this year, the
government has absolutely no foundation whatsoever to maintain
an aboriginal fishing strategy and the pilot sales aspect of it in
British Columbia. However, it appears intent on doing that and it is
looking to this legislation to lend support to that decision.
I see that my time is up. We will be dealing with this matter
further in debate.
[Translation]
Mr. Claude Bachand (Saint-Jean, BQ): Mr. Speaker, I want to
congratulate the other Speaker.
[English]
I would like to congratulate the new Speaker of the House for his
temporary promotion.
7201
[Translation]
Of course, like my colleagues, I will be speaking against Bill
C-62. It is rather strange that we are discussing a fisheries
management bill at this moment, when it should have been done a
long time ago. The existing act dates back to 1867, and the Bloc
Quebecois is certainly not against the idea of modernizing it. What
we are against is the way it is being done, particularly the excessive
centralization that is evident in this bill.
I will start by saying a few words about the environmental aspect
of this legislation because I have to admit that, before entering the
political scene, I was a unionist and I had the opportunity to work
with several environmental and social groups. It is sad to see that
100 or maybe 150 years after the adoption of the first act, we are
facing a situation where our fish stocks are in a deplorable state. I
think the ocean, particularly on the east coast, has been emptied.
Even with the various attempts made to modernize the act, we are
realizing that it is now the ocean on the west coast that is being
emptied.
Therefore, it is important to have massive consultations with as
many stakeholders as possible-and the provinces play a crucial
role in this debate-if we are to rectify the situation and to ensure
the recovery of our fish stocks, which we think are in the process of
being completely destroyed.
Why are we saying there is excessive centralization? The heart
of the problem can be found in clause 17.
It says that Her Majesty, in right of Canada, represented by the
minister, may enter into a fisheries management agreement with
any organization that, in the opinion of the minister-and the
problem lies in these words: ``in the opinion of the Minister''-is
representative of a class of persons or holders.
Therefore the minister, surrounded by an array of officials, is the
one who will decide, in the east as well as in the west, wherever
there is jurisdiction. Some jurisdictions have been delegated to
provinces, namely freshwater fisheries. The minister could at any
time decide to withdraw this delegation. This, as we know, could
create problems, but the minister holds all the cards. I believe that
the way the bill is drafted, it sidelines provinces and some
extremely important groups.
As honourable members know, I am the Indian affairs critic for
my party. I believe there is a major problem with native fisheries
and this bill does nothing to solve it.
(1250)
We have just received the report of a royal commission of
inquiry which lasted five years. Last week, this commission,
created by the Conservatives, presented a 4,000 page plus report
and 400 recommendations. Some of those recommendations deal
with native fisheries. Nowhere in the bill does it say that the
minister must consult natives. He will, only if, ``in his opinion'' it
is justified.
The danger lies not only in the centralization but in the
possibility that the minister could play political games with his
decisions. Several people have already mentioned this. The
minister could play political games. I will speak about Restigouche
later, as an example.
First of all, I want to explain how natives negotiate. Negotiations
are very important to them. In fact, when Europeans got here,
natives already had their own governments, their own political
system, their own justice system. Most decisions were reached by
consensus.
Of course, that required much longer discussions. With a
majority, you tend to say: Look here, we can cut the debate short,
since the majority will win out in any case. I must say that the
government realized it could do so a long time ago. We were
gagged several times. Of course, it is hard to reach a consensus in
this House. However, the government regularly brings forward
some motions to gag the opposition. We are far from having
lengthy discussions to try to improve bills, explain our positions
and reach some kind of compromise. Unfortunately, the
government gags the opposition a bit too often. That is not the
natives' approach. They were always striving for a consensus.
We see that, under this bill, not only can provinces be excluded,
but natives are excluded as well. The minister can set out classes of
licence holders or fishers on his own initiative. One day, he could
say that it does not include natives, and the next day, for political
reasons, he could say that he is including natives and will ensure
that their rights are upheld, as was done in Restigouche.
Unfortunately, this bill does not provide for a negotiation
process. Once again, a minister, using his authority with his
officials, may impose a procedure, a way of setting limits and
issuing permits. The minister is allowed to do anything he wants
without consulting the provinces and groups concerned.
As you can understand, as the opposition critic on Indian affairs,
after such a meaty report as the one tabled last week, I think the
minister falls far short of the goal of seeking a consensus, of
holding extensive discussions, of ensuring the effective
preservation of our fish stocks. When several parties agree on
something, it is a lot easier to implement the decision than if the
minister decided to impose his own vision despite the opposition of
Quebec or another province or of native people.
That is what happened in Restigouche. Everything was
improvised. The Micmac and other native people in Restigouche
made a decision to resume subsistence fishing. As you know, the
Supreme Court of Canada makes a distinction between subsistence
fishing for aboriginal people and commercial fishing. The issue of
subsistence fishing is quite clear and precise, and there are specific
rules
7202
on that. When preservation is not in jeopardy, there is no problem
with giving priority to subsistence fishing by aboriginal people.
The problem in Restigouche is precisely that stocks are at risk,
and there has been a lot of improvising on the part of the
department. It is trying to impose its way of doing things, probably
for political reasons. There are disagreements over this. Aboriginal
people maintain they have the right to fish for subsistence; those
who already have licences say that stocks are endangered and that
more fishing licences should not be issued because stocks will be
depleted.
Finally, we realize that the minister missed an opportunity to
include a mechanism for negotiating. It would have been easy to
say it must not just be ``in his opinion'', but, rather, that he must
automatically and officially consult the provinces, interested
parties-such as the native peoples-and licence holders. It would
be a way of requiring basic agreement with a majority involved in
order to have a chance of success.
(1255)
Unfortunately this is not the case with the bill before us. The
minister simply wants to impose his authority on everyone else,
and this bill allows him to do so.
I would therefore like to make a suggestion. Obviously, we
cannot vote in favour of the bill at second reading. Obviously this
bill will be sent to a committee. I think the Minister of Fisheries
and Oceans should consult his colleague the minister of Indian
affairs to see if matters can be arranged.
I hope our representatives and colleagues on the Standing
Committee on Fisheries and Oceans will make this a concern. The
provinces consider it vital the government provide for consultation
in its bill. Consultation with the provinces should be almost
mandatory.
When interest groups, including the provinces, are involved, I
think we might succeed. I hope fish stocks will be restored to the
level they were 100 years ago.
[English]
Mr. Darrel Stinson (Okanagan-Shuswap, Ref.): Mr.
Speaker, I stand to speak on Bill C-62, the new fisheries act.
A strange thing is happening in this bill. It contains provisions in
clauses 17 to 22 designed to abrogate the public right of access to
the fishery. This seems strange. This right for the public has been
around since the Magna Carta in 1215. The bill will empower the
minister, the crown, without notice to the public, to grant the
private right to fish for commercial or sport purposes to any group
currently in political favour.
This is something that cannot be done legally under the present
Fisheries Act. The present act is based on the premise that the
fishery is a public resource to which all Canadians, not just a select
few Canadians, are entitled to equal access.
I have to wonder if the minister and the members opposite
understand what equal access means. I look at many decisions the
government has brought down in the last little while. The
government claims they are for the benefit of all citizens. As we go
through these decisions, we see it is very select group who benefits.
Bill C-62 is one example.
Let us take British Columbia as an example. I know firsthand
what the government decided for the fishing industry there. I know
the Liberals like to say that they do all this fancy consulting. I
sometimes wonder if they are talking to their fathers and
grandparents in order to get an okay on some of these things that
are passed in the House. Let us take a look at what is happening on
the Adams River which happens to be in my constituency. It is well
known around the world for the spawning runs that used to happen
in the Adams River.
The government in its ultimate wisdom-I would say in its
ultimate stupidity I guess-decided that the best thing it could do
for the people in B.C. and in the constituency of
Okanagan-Shuswap was to shut down the fish hatchery. The
government has proceeded to shut down most of the inland
hatcheries on the west coast after consultation. I would like to
know who was consulted. The government never talked with any of
the mayors or any of the people in my constituency, not one. It just
decided to shut them down.
(1300)
The reason? It said that it was not making enough profit there.
This hatchery has not been open long enough. Anybody with a little
knowledge of hatcheries knows that it takes approximately nine
years to see a decent stock return. The government decided that
four and a half or five years was good enough for the hatcheries on
the west coast.
It makes many people wonder how the Liberals can shut down
what was a basic part of the food chain. Millions had already been
spent putting the hatcheries in place. I asked the minister that if the
department was having trouble with salmon, we could certainly
turn it into a trout hatchery. Believe it or not, the minister's
argument was that it might interfere with the wild stock. Does this
make any sense to anybody?
We could tag these fish, send them on their way and then put a
moratorium for a certain period of time on catching the wild stock
until they are brought back up to a healthy number for fishing. But
this seemed to have been lost to the minister. He could not fathom
this idea. He seemed to be bent-as he still is-on seeing the west
coast go the same way Newfoundland has gone.
Do members in the House understand what has happened in
Newfoundland through the inaction, the absolute non-action, and
the silly decisions that have been made by governments? Do they
7203
realize that now the people are suffering through silly things like
this?
The only thing fishy in Newfoundland is the red book. There is
absolutely no doubt about it. It reminds me of out west where we
have a saying that government is a group called politickitis. A tick
is a little bug that gets on human beings and sucks their blood. It is
far worse than a mosquito. It can create a great disease.
Politickitis is a two-legged bug that sits in government. Nine
times out of ten it sits on the front benches. It then latches on to the
taxpayers and sucks the lifeblood right out of them. Unfortunately
we only have one cure for this disease so far: the ballot. But we are
only allowed to use that remedy once every four or five years at the
whim of the insect that is causing the problem. It seems kind of
strange but that is what we have to put up with here when we get
bills like this coming before the House.
These bills come from a government that has thrown more
people out of work in this country than any other government in the
history of Canada. Government members stand here every day and
basically misrepresent everything they can in regard to all
opposition parties. They are masters of deceit.
If we look at what has happened we will find that we have largest
bankruptcy rate that has ever happened. They like to talk about the
G-7 countries. They like to say how well we are doing compared to
the other G-7 countries. That is the most fishy thing about it all.
(1305)
The Liberals have brought this awful piece of garbage before the
House. They have told us how well they are doing. We have the
highest bankruptcy rate of the G-7 countries. We have more
unemployed and under-employed. We have the best dictatorship
there is in the free world as we know it today.
Clauses 17 through 22 of the bill demonstrate this. They will
empower a minister of the crown, without public notice, to grant
private rights to fish. It is totally unacceptable.
[Translation]
Mr. Réal Ménard (Hochelaga-Maisonneuve, B.Q.): Mr.
Speaker, it is a great pleasure for me, as an MP from Montreal, to
speak to this bill, the fisheries bill, which is very important for the
economy.
I have always made a point of examining any issue that might
affect the interests of Quebec. Before getting into the substance of
this bill, I do not want to miss this opportunity to pay a heartfelt
tribute to the member for Gaspé. I believe both the government
side and the Reform Party will agree with me on this.
On this issue, it could be said that he was in his own element, as,
from week to week, his expertise guided the caucus. One must
admit that the member for Gaspé's approach is more adversarial
than confrontational.
The member for Gaspé did the right thing by warning us against
what amounts to a subterfuge on the part of the federal government.
He demonstrated very eloquently that this act had to be updated.
This act dating back to 1868 has barely been reviewed since its
enactment. The question of quotas was reviewed, somewhat
indirectly. In essence, we have before us a totally new bill, if I
correctly understood the wise explanations of my colleague from
Gaspé.
Despite the fact that such a detailed review was done, the
government has found a way to disappoint the main partners. That
is the conclusion that must be drawn. Since you are allowing me to
address this issue, I would say there is an analogy to be made
between the fishing industry and the Canadian Confederation.
What I mean is that any attempt to modernize does not necessarily
lead to success.
In both cases, the member-and his gracious assistant who has
played a very supportive role at his side-reminds us that, in the
end, Quebec should have been handed back full jurisdiction over
fishing matters.
That being said, we will not avoid the basic issues. Having
carefully studied these issues in the last few days, I remind the
House that we have three objections, which I will reiterate.
There are irritants. As members may have noticed, I happen to
like this word and I will use it in this case. We have three major
objections to Bill C-62, which the member for Gaspé will allow me
to reiterate. My colleague, the hon. member for Gaspé, made an
in-depth review of the bill. Come now, let us have some order in
this Parliament. I believe the member for Verchères ought to leave
if I am to have any hope of delivering my speech. I want the House
to know that I am serious now, I have been all long really.
(1310)
We oppose the bill because we fear that the minister's approach
regarding management agreements will preclude any real
partnership.
Also, we have concerns regarding the delegation of powers to the
provinces, which we find totally and utterly inadequate. If I
understand the bill correctly, I believe the main concern-as is the
case with other issues I am involved with-is that the newly
created fisheries tribunal might become, if I may say so, a
patronage haven.
I would like to get back to this clause. We are bringing the labour
code up to date. A case in point is what the minister is going to do
with what his colleague, the labour minister, is proposing. We are
in the process of reviewing the labour code, which had not been
brought up to date for the past 30 years. Yours truly has been an
active contributor to this process.
Some hon. members: Hear, hear.
7204
Mr. Ménard: I appreciate the enthusiastic show of support from
the House, where quorum is obviously not an issue.
Let me tell you, we certainly contributed to the updating of the
labour code when we asked the government to use the lists
submitted by the parties when appointing the members of the
Canada Labour Relations Board, which is an arbitration forum for
employers and employees-I see you are in agreement, Mr.
Speaker, and that is very reassuring.
When these tribunals are created, should we not make sure
beforehand that the members appointed will be people who know
the fishing industry, a very complex industry after all. That
industry is at the very basis of the food chain. I believe we should
never forget that. Our concern is that the creation of those
tribunals-
Mr. Bernier (Gaspé): And they should have some managerial
skills.
Mr. Ménard: Yes. You will understand the passionate outcry of
the member for Gaspé, who has reminded us that it is important
that those people have some administrative skills and know the
fishing industry.
Mr. Bernier (Gaspé): They should at least know the fishing
industry.
Mr. Ménard: Mr. Speaker, it was not always the case. I could
easily give you some examples of appointments which did not
serve fisheries well, and I will do so later on.
This industry is much too important. It is growing and methods
are constantly changing, so the people involved must have a solid
knowledge, they must know the environment, be able to recognize
an offence when they see one and be able to make judgments on
stock replacement and all the other characteristics of the fishery.
Mr. Bernier (Gaspé): We need real judges, not some pale
imitation.
Mr. Ménard: I am getting there. There is a specificity that the
hon. member for Gaspé has been underlining on several occasions.
Once again, I do not know if I said this before, but I think the
House would agree that, if there is in this House someone who
spoke with a forceful voice, with good judgment and who has a
good knowledge of the fishing industry, it is the hon. member for
Gaspé. I am sure my colleagues will want to share my enthusiasm
by giving him a resounding hand of applause. He is a real fisher.
Some hon. members: Hear, hear.
Mr. Ménard: I come from the city, but since I used to eat fish
every Friday throughout my childhood, I fully appreciate the
importance of the fishing industry.
What we are asking the government, and we feel this is a
legitimate request, is that this tribunal be made up of real lawyers,
members of the legal profession, people who have formal training
and who know the fisheries sector.
We warn the government against any attempt to make partisan
appointments that would hurt that sector. We would be very
disappointed if this were the case.
I am a bit sad to see that my time is running out, because I could
have talked about this issue for 20 minutes.
(1315)
I will conclude by reminding you that Quebec-and I think all of
us here know that Quebec is a nation-made claims at the
conference held in Victoria.
Let me stress what may be Quebec's primary claim regarding
fisheries. Quebec wants the federal government to transfer to it all
the powers relating to stocks fished by its residents, the assessment
of stocks, the establishment of conservation and management
policies, the issuing of licences, the allocation of resources to its
residents, and the control and monitoring of its fisheries.
This is a major issue that each of us, members of the Bloc
Quebecois, will emphasize. I will be very pleased to answer any
questions.
[English]
Mr. John Duncan (North Island-Powell River, Ref.): Mr.
Speaker, this is the second time that I have spoken on Bill C-62.
An hon. member: That is not allowed.
Mr. Duncan: But this is an amendment so it is quite in order.
I would like to reiterate that this bill is still dressed up as
modernization. This bill gives the minister and thus the senior
bureaucracy all the power they could ever possibly want to reward
their friends and consolidate their strength and powers. This is
known on the west coast for certain and in other jurisdictions as the
most top heavy and arrogant bureaucracy in the federal
government. It is amazing to me to see how the consolidation of
powers in this bill can be characterized as modernization.
There is a major collision of events happening right now on the
west coast. There is a federal-provincial set of negotiations going
on in an attempt to translate some of the current jurisdictions of the
Department of Fisheries and Oceans into a provincial mandate. We
have a federal-provincial fisheries impact review board that is
probably reporting today as we speak. We have the results from a
very precedent setting federal court case in Vancouver that is very
interesting. I would like to speak a little about that in a few
minutes.
7205
The halibut advisory committee process that dealt with halibut
licensing on the B.C. coast several years ago was under scrutiny.
Department of Fisheries and Oceans personnel came out looking
very bad indeed. They confirmed what many in the industry, many
people familiar with the actions of the senior bureaucracy have
believed for some time and now we have it in black and white.
At a time when all these events are happening we have the
implementation of what is known as the Mifflin plan on the west
coast. This has been a major disaster for outlying communities in
British Columbia in the way it was implemented and the buy back
scheme that was put in place. There is a growing perception that we
have an out of control, uncaring bureaucracy and department really
doing a disservice to the west coast.
We already know what management has led to on the east coast.
With that example as a precedent, the people in British Columbia
want to avoid that at all costs. It is a very important industry,
recreational, commercial and sport fishing.
I would like to state very clearly for the record that there is
nothing in this new fisheries act that the minister and the
department cannot do under the existing act except extinguish the
public right to fish. The central and deplorable change with respect
to fisheries management is that the minister gains new unfettered
powers to do what currently requires the specific authorization of
Parliament or cabinet. For a minister and department that have
singlehandedly mismanaged this resource so completely to be
handed even more absolute power would be a derogation of the
trust placed in us as Parliamentarians.
(1320)
It is further testimony to the government's inability to manage
and allocate a resource and to honour its historic common law
regarding the public right to fish.
It replaces the public right to fish with private fishing
agreements or what the bill calls partnership agreements. These
fishing agreements would be similar to the aboriginal fishing
agreements the government currently enters into with native bands.
The native only commercial fishery was recently undermined by
the supreme court's decision on Van der Peet in 1996, NTC
Smokehouse in 1996 and the Gladstone decision in 1996.
The court ruled specifically against an aboriginal commercial
right to fish, saying they had no right to an exclusive fishery: ``B.C.
natives do not have a constitutional right to catch and sell fish
commercially''. Here we go again, more appealed decisions
leading to supreme court rulings in order to bring the bureaucrats
and their captive minister to their senses.
Bill C-62 does not address the real problems in the fishery, for
example declining stocks, problems with Alaskan interceptions and
the need for strict enforcement for conservation measures.
There is a growing awareness in the public that the present
fisheries act does not give the minister the authority to enter into
exclusive fishing arrangements. There are some simple solutions to
the problem. Clear criteria ought to be established for the transfer
of fisheries management to the provinces should the provinces
want that authority. Fish do tend not to notice political boundaries.
I would like to mention some specifics about a very important
case that really has not received much attention. On November 14
in Vancouver Judge Campbell finally came down with a decision.
The plaintiffs in this case were halibut fishermen who felt they had
been aggrieved by the process and that the minister had exceeded
his authority in respect to the way in which halibut licences were
reallocated from what is called a shotgun fishery, where all licence
holders know the season and everyone goes out to catch what they
can in the allotted time. It was changed from a shotgun fishery to an
individual transferable quota. In the process of consultation leading
up to the issuance of these individual transferable quotas there were
a lot of things which came to light in the court case.
The plaintiffs are really saying that this was a rigged exercise,
that the department had a predetermined agenda and that there were
going to be winners and losers and that the personnel in DFO in
charge of this exercise were totally uncaring as to who were the
winners and who were the losers. It actually utilized this process to
predetermine to some degree who the losers would be, but it would
all be done under the guise of consultation and it would all be
orchestrated in such a way that this initiative would look like it
came from the halibut fishermen when in actual fact it was an
initiative of personnel in the senior bureaucracy. This is a very
interesting document. It is only about 50 pages long.
(1325)
Some of the things that are in it are indeed things of which I do
not think any federal department could possibly be proud. It is my
estimate that the taxpayers of Canada will be responsible for, if not
hundreds of thousands, millions of dollars in damages to these
aggrieved licence holders that were shut out.
I will quote a few things from page 37 of the document. For
example, the judge finds that the implementation of this process
was an authorized decision of the administration of the Department
of Fisheries and Oceans. Then on page 39 the same judge
determines that he will consider the decision to be that of the
minister. Then on page 43 he concludes that the plaintiffs were
entitled to procedural fairness and on the following page
determines-
7206
The Deputy Speaker: Unfortunately, the hon. member's time
has expired.
[Translation]
Mr. Antoine Dubé (Lévis, BQ): Mr. Speaker, the hon. member
for Hochelaga-Maisonneuve felt he had to justify himself because
he was born and raised in the city. I could say the same thing since I
am from Lévis, but in Lévis, there are also eels. But this is not what
I want to talk about.
For four years, between 1980 and 1984, I was political assistant
to the best minister of Fisheries that Quebec ever had and I
remember very well how hard we had to fight to have our
autonomy respected.
An hon. member: Do not name him.
Mr. Dubé: I will not. The hon. member asked me not to give his
name, but everybody knows who I am talking about. He is a man
with an imposing presence to whom everybody pays attention
when he enters a room-
Mr. Ménard: And also because he needs two seats when he sits
down.
Mr. Dubé: Mr. Speaker, on a more serious note, I want to say
we, in the official opposition, are against Bill C-62 which is being
debated on second reading. With unanimous consent, I could
perhaps be granted a brief extension of my time. I would like a few
minutes more, because I see my time is almost up. But I will ask for
the unanimous consent when my time is over.
This bill is ill-conceived and full of holes. We cannot imagine
how this bill could have be so poorly put together. The hon.
member for Gaspé, who did some splendid work, said and I agree:
``There is something fishy here''. We must scrutinize this
thoroughly.
As for the tribunals, they open up a terrible possibility. We are
going to let a select club establish the fishing rules in consultation
with the minister in Ottawa. The minister wants to decide with his
officials what will happen in this sector. This always surprised me.
They want to decide from Ottawa while the fish is in the ocean. It is
very difficult to bring an official from Ottawa to the fisheries.
The way these bureaucrats see things, they would like the fish to
come to Ottawa so they can examine them. We are not fish. We will
not let them act like this. We will not let the government do this
without us saying a word. With its majority it will probably end up
passing this bill, but we are against it.
The role of the provinces in the fisheries is not recognized
enough. Also, there is not enough consideration given to those who
make a living from this resource. They are not given the authority
to develop rules and better ways of controlling the resource. The
people, fishers are not being consulted enough.
I would have a thousand other things to say but I will leave it at
that. I wanted to add my voice today to those of the hon. members
for Gaspé and Hochelaga-Maisonneuve.
They may not have fish in Montreal, but they do eat fish. These
consumers are important. Because of that, someone such as the
hon. member for Hochelaga-Maisonneuve has a right to speak up,
and he did so very well. I hope others will not follow the example
of members opposite who remain silent.
They are invisible. We cannot mention their absence in this
House, but we can talk about their invisibility. I just wanted to
point it out.
The Deputy Speaker: It being 1.30 p.m., the House will now
proceed to the consideration of Private Members' Business as
listed on today's Order Paper.
_____________________________________________
7206
PRIVATE MEMBERS' BUSINESS
[
English]
The House resumed from October 22 consideration of the
motion that Bill C-266, an act to amend the Competition Act
(protection of whistle blowers), be read the second time and
referred to a committee.
Ms. Margaret Bridgman (Surrey North, Ref.): Mr. Speaker, I
have the pleasure to speak to Bill C-266. There are four points on
which I wish to expand. To get a bit of meat on those bones, once I
am finished, I would suggest that people read the previous debate
of October 22 when the hon. member for Nickel Belt outlined very
substantially the objectives of this bill.
The bill is designed to enhance the provisions of the Competition
Act. It will do so by allowing an employee to make an anonymous
report of an employer's offence under the Competition Act to the
Restrictive Trade Practices Commission without threat of
dismissal, suspension, demotion, discipline, the loss of benefits or
privileges of employment, termination, harassment, coercion or
any other action which would otherwise disadvantage the
employee.
A second part would protect the employee from retaliatory
action by the employer if the employee refuses to take action for an
employer that constitutes an offence under the Competition Act.
I would suggest that the act has directed its focus on the
protection of the employee and the employee's job.
The hon. member for Longueuil said on October 22 that there
will be or could be situations in which a person may want to
maliciously damage the reputation of the employer. That has to be
addressed a little more closely in this bill. I understand the
7207
reasoning for the protection of the employee. I also would like to
see a little more focus on the employer's position as well.
One of the main reasons that makes me think along this line is
that in the justice system we have all witnessed situations in which
a person or a company has been wrongly accused. By the time they
go through the process of establishing their innocence, their
reputation is damaged. We are talking about business here and it
could have an effect on that.
(1335)
Another provision is that the employer be liable for a fine of up
to $100,000 or two years imprisonment if found guilty of
retaliating action against an employee under the aforementioned
circumstances.
I would suggest two things, one of which is the concept that a
fine or prison internment be also applied to the other side of the
equation: if an employee maliciously and knowingly attempts to
harm the employer through this process.
I would also like to refer to a comment made by the member for
Fraser Valley West in the October 22 debate. He felt that in his
wisdom and with his resources the $100,000 fine and the two years
imprisonment was a little steep. In a comparative analysis, the first
thing that would come to my mind would be the punishment for
drunk driving which is meted out in certain cases where it would be
less than two years for someone who drives drunk and kills
somebody and less than $100,000 in fines. That should be looked
at.
My fourth point concerns the confidentiality of the employee,
except in cases where upon inquiry the commission finds that the
employee knowingly accused the employer falsely. I have already
made reference to that. It is a good thing because if somebody is
going to falsely accuse someone, then it should be brought to
everyone's attention that they did try to do something maliciously.
I would also like some thought to be given to the employer's
position on confidentiality. I would think it would be prudent to put
the employer in the position of confidentiality until there is some
substantiation that there is a valid charge.
Some other observations of this bill are on a more positive line.
Unlike previous bills which have sought measures that would
prevent the unfair gasoline pricing at the pumps, which is what this
bill is targeting as the example, this bill works within the
Competition Act. It is not going to overtly increase the cost of the
bureaucracy. Also, it does not appear to be imposing unnecessary
regulations upon the marketplace. Those are two promising aspects
of it.
It will also enhance the commission's ability to conduct
investigations by allowing the commission to act upon confidential
information. Currently, six sponsors of a complaint are needed
before the commission can pick it up. This will allow people to
feed that information into the commission. We could probably
expand on this by saying that this may be a situation where a stitch
in time will save nine by getting on top of the situation earlier.
The Reform Party sees a lot of positive aspects to this but we
also see some negative aspects which I have mentioned. It is
positive in the promotion of competition and competitive pricing.
It also strengthens and vigorously reinforces the competition and
anti-combines legislation. It does indeed provide penalties for
collusion of price fixing.
As I said, we are quite positive on this but we do have some
reservations from the employer's position in relation to
confidentiality until it is substantiated and to the amounts of the
fines and charges. I would suggest that penalties be applied to the
employee if they falsify their statement to the commission.
I will conclude because otherwise I would be reiterating an
excellent debate that occurred on October 22.
(Motion agreed to, bill read the second time and referred to a
committee.)
The Deputy Speaker: It being approximately 1.40 p.m., the
House stands adjourned until Monday at 11 a.m.
(The House adjourned at 1.40 p.m.)