Hansard
Consult the user guide
For assistance, please contact us
Consult the user guide
For assistance, please contact us
Add search criteria
Results: 61 - 75 of 128
View Joël Lightbound Profile
Lib. (QC)
View Joël Lightbound Profile
2021-04-23 10:06 [p.6078]
Thank you, Madam Speaker.
I will not talk about this in my speech, but I want to comment briefly on what the Conservative Party member just said. One of the important things we are doing with Bill C-21 is increasing maximum penalties for certain offences, such as trafficking and smuggling. We should all keep that in mind as we study the bill.
That said, I appreciate this opportunity to add my voice to the debate on Bill C-21 at second reading. I believe this is one of the strongest legislative packages ever introduced in this country to combat gun violence. It proposes a wide range of measures to help keep people safe and deliver on the firearm policy commitments we made to Canadians during the last campaign.
These measures are urgently needed, because gun violence remains a tragic reality that too often affects our cities and regions. We only have to look at the Polytechnique tragedy, or what happened four years ago at the Quebec City mosque, in my riding, when a killer entered the mosque and murdered six people, leaving many kids fatherless, and injured several others. We must also remember the massacre that happened more recently in Nova Scotia.
No one should have their life cut short so tragically and senselessly in our country. No one should have to live with the pain of losing a loved one to gun violence. That is why our government made it a top priority to protect Canadians from gun violence, including by regulating their use and strengthening Canada's gun laws.
Last May, we took a significant step forward in protecting Canadians by prohibiting more than 1,500 models of assault-style firearms and their variants, which have too often been used in tragic incidents here in Canada and in the rest of North America. The vast majority of firearm owners are responsible and law-abiding citizens, but these powerful and dangerous firearms that we banned on May 1, 2020, were not designed for legitimate activities such as hunting or sport shooting. Rather, they were designed for use on the battlefield and have no place in our cities, on our streets or in our lives.
Bill C-21 goes even further in protecting Canadians. To finish what we started last May when we banned more than 1,500 models of assault-style firearms and their variants, Bill C-21 proposes to amend the Firearms Act to provide a non-permissive storage option to the owners of firearms prohibited on May 1, 2020. That means an owner could choose to keep their firearms but would not be permitted to use them, sell them, give them to someone else or bequeath them. That is far more restrictive than the grandfathering rules that accompanied previous firearm prohibitions in Canada.
According to these rules, grandfathered owners can buy from and sell to other owners who hold the same grandfathering privileges. Some grandfathered firearms may also be authorized for use at a shooting range. None of that would be allowed with respect to the assault-style firearms prohibited last May. They would have to be stored away safely and kept there under lock and key.
This approach would essentially freeze the market for these firearms, while treating existing owners fairly. Over time, the number of prohibited firearms in Canada would decrease substantially, and they would eventually be eliminated. To accelerate that process, and unlike what was done with past prohibitions, the government also intends to introduce a buyback program as soon as possible. Owners who wish to surrender their firearms for compensation as part of that forthcoming program could certainly do so.
It is impossible to know how many people would take the government up on that offer, but it is highly likely that many owners would take compensation in exchange for their firearms. Those who want to retain their firearms as part of a collection or for sentimental value can do so, but as I was saying, they would not be permitted to bequeath them, transfer them or use them.
Failure to comply with those regulations would also result in criminal prosecution. Any prohibited firearm remaining in someone’s possession would, and this is very important, also need to be registered, including those that were previously classified as non-restricted. Regulators and law enforcement would know exactly who the owners are, and where their assault-style firearms are located.
Moreover, owners who choose to retain possession of these firearms would be required to comply with additional requirements. That includes successfully completing the Canadian restricted firearms safety course and upgrading to a restricted possession and acquisition licence, with all the associated fees that would entail.
The requirements I just mentioned, and the permanent inability to lawfully use or transfer these firearms, for any reason, would essentially make those firearms useless. Logically speaking, all of those things would be major incentives to participate in an eventual buyback program.
Removing these powerful prohibited firearms from society is one of the many goals of this legislation. However, it is also important to immediately remove any firearms from potentially dangerous situations, including situations involving domestic and intimate partner violence, an issue that has been compounded by the pandemic. Sadly, there have been too many such incidents in Quebec over the past year. Beyond domestic violence, there are also other situations where a person may be suicidal or has openly advocated hatred or violence against someone.
To respond to these situations, Bill C-21 proposes the creation of red-flag and yellow-flag provisions. These provisions would make it easier for anyone who feels threatened by the presence of a firearm in their home or by an individual who owns a firearm to take action to protect themselves and others.
More specifically, the red-flag regime would allow anyone, not just police, to apply to the courts for an immediate removal of an individual's firearm if they pose a danger.
Similarly, the yellow-flag regime would allow anyone to ask a chief firearms officer to suspend and examine an individual's licence if there are reasonable suspicions that the person is no longer eligible to hold a licence.
I will remind members that these measures build on the amendments made to the Firearms Act in 2019, which establish that a firearms licence applicant's lifetime history of intimate partner violence and online threats are mandatory grounds for consideration in the determination of licence eligibility.
Gun violence continues to be a major problem in our communities. It is important to remember that all firearm tragedies, from the public ones we commemorate to the private ones that occur in the home, create untold sadness and are often preventable. All Canadians deserve to live in a place where they can be safe and secure, and that is the objective of Bill C-21.
As the Prime Minister said, “we need more than thoughts and prayers. We need concrete action.” That is exactly what Bill C-21 proposes: concrete action to stem the tide of gun violence in Canada.
I am very proud to support this bill at second reading, and I hope that my colleagues will do the same so that it can be sent to committee and we can hear what various groups have to say about Bill C-21. For decades now, various civil society groups have been calling for a ban on military-style assault weapons like the one we implemented on May 1, 2020, which will be strengthened by Bill C-21. These weapons were designed for the military and are not appropriate for civilian use. We have seen them used in too many incidents, too many tragedies and too many killings. They were designed for military use and manufactured to be efficient killing machines. They are not used for hunting or sport shooting and have no place in our society because they are too dangerous.
I am proud to be part of a government that, after decades of dithering, finally decided to move forward with prohibiting 1,500 different models of firearms, including the AR-15 and Vz58. This ban essentially froze the market completely as of May 1, 2020, by prohibiting the import, export, use and sale of such weapons.
I would remind the House that the young man who burst into the Quebec City mosque was armed with a Vz58. Thank goodness his gun jammed, but he never should have been in possession of such a weapon in the first place. This is why a ban like the one we proposed on May 1, which is strengthened in Bill C-21, is so important, as are the increased maximum penalties for many trafficking and smuggling offences, and the red-flag and yellow-flag provisions.
I am getting a bit off topic from Bill C-21, but I would also point out the investments we have made to expand our border capacity and dedicate more resources to the community-based organizations working to prevent violence upstream. This is in addition to the resources that have been invested in the RCMP and our law enforcement agencies across the country with programs such as Ontario's guns, gangs and violence reduction strategy.
View Pam Damoff Profile
Lib. (ON)
Madam Speaker, I am pleased to join in this important debate, and I am proud to be part of a government that takes action on gun control to keep Canadians safe. In the last Parliament I was able to work on Bill C-71. I am proud of that work, and I am proud to continue that work with Bill C-21.
This legislation would introduce some of the strongest gun control measures ever seen in Canada. It would complete the prohibition of assault-style firearms, it would lay the foundation for a buyback program, and it would take needed action in a number of areas critical to improving public safety, including limiting or prohibiting access to firearms for those who pose a risk to themselves or others, fighting gun smuggling and trafficking by strengthening measures at the border, increasing maximum penalties for certain firearms offences under the Criminal Code, combatting the unlawful use of firearms in diversion to the illicit market, and strengthening the rules for those firearms that are indistinguishable from legitimate ones.
Bill C-21 is good news for the public safety of our communities, our institutions and our most vulnerable citizens. It would also add new tools that could be used toward reducing needless deaths from family violence and suicide. I would like to recognize the work of those who have repeatedly stressed that the focus of action on firearms needs to be on those who die by suicide and are victims of femicide and domestic violence. The Canadian Women's Foundation notes that the presence of firearms in Canadian households is the single greatest risk factor for the lethality of intimate partner violence. In conversation with the Lethbridge YWCA, the group told me every single woman who came to their shelter had been threatened by a partner with a firearm. Over the past five years, nearly 2,500 women had been victimized by partners with a firearm.
My work with local organizations in my riding and across the country has helped to shine a light on the dangers of gun violence. Many women are afraid to report the threats of gun violence they face, or the illegal guns their partners own, and while shelters such as Halton Women's Place provide supports for women while they are at the shelter, women are at their most vulnerable for gun violence once they leave.
Bill C-21 would be the first step in removing guns from the hands of abusive partners, but we must remain committed to engaging and encouraging women to report illegal guns and abusive partners and ensuring they have the support needed. Too often, survivors are without support in the justice system, and this must change.
Our government proposes to invest $85 million to help ensure access to free legal advice and legal representation for survivors of sexual assault and intimate partner violence, no matter where they live. This investment is good news, but we must also continue to work with women's organizations that help survivors of domestic abuse and gun violence find safety from abusive partners. Intimate partner violence accounts for 28% of all police-reported violent crime in Canada, and that number has risen during the pandemic.
Of 945 intimate-partner homicides that occurred between 2008 and 2018, eight in 10 involved female victims. One woman or girl is killed in Canada every other day on average, according the Canadian Femicide Observatory for Justice and Accountability. We have it in our power to help reduce these senseless deaths and this tragic violence. Bill C-21 is not a panacea: It is a tool that we must use, in conjunction with investments like a national gender-based violence strategy, to reduce this hateful violence.
There were 580 individuals, overwhelmingly male, overwhelmingly white and overwhelmingly rural, who died by firearm suicide. Dr. Alan Drummond and Dr. Eric Letovsky of the Canadian Association of Emergency Physicians have been vocal in saying that we must do more. Over 75% of firearm deaths are deaths by suicide. Introducing a mandatory reporting mechanism for doctors to call the police to remove guns from at-risk patients immediately is a recommendation I heard from them, and is worth exploring if it is in federal jurisdiction.
The bill contains key new measures that could limit or prohibit access to firearms for those who pose a threat to themselves or others. Bill C-71 took important steps in that direction with lifetime background checks that take into account intimate partner violence and online behaviour. These provisions must be implemented as soon as possible, but they are still insufficient methods for preventing a dangerous situation from becoming deadly. If someone suspects an individual with access to firearms might pose a danger to themselves or others, authorities only have limited power to intervene. With Bill C-21, we would introduce red- and yellow-flag laws.
A red-flag regime under the Criminal Code would empower both law enforcement and all Canadians, including those organizations that support survivors of abuse, to take action. If someone is aware of a potentially dangerous situation, they would be able to apply to a court to order an immediate temporary weapons prohibition order. There would also be judicial discretion to order the immediate seizure of firearms.
This means that any member of the public, including a family member or caregiver, could take action if there were reasonable grounds to believe that an individual should not have access to firearms. These include online behaviour. A person would also be able to apply to a court for a temporary access limitation order to prevent someone who was subject to a weapons prohibition order from accessing firearms possessed by another individual. The weapons prohibition order could require the individual to surrender to law enforcement the firearms in their possession. It could also be accompanied by a search and seizure order.
In the United States, 19 states and the District of Columbia have enacted extreme risk laws, and these have been effective. A recent study in California details 21 cases in which this law was used in efforts to prevent mass shootings.
Recently, I hosted a round table on Bill C-21 with the Minister of Public Safety and Emergency Preparedness and stakeholders in my community. We heard from representatives of Sheridan College, a local post-secondary institution, who voiced their concerns about how areas of congregate settings such as colleges are vulnerable to mass shootings and gun violence. Bill C-21 is a good step towards protecting our students on campus. Those at the round table expressed some concerns about the need to do more. They talked about the need for judicial education on domestic violence and coercive control if these red-flag laws are to be effective.
I have heard from a number of individuals and organizations that have either lost someone to gun violence or support survivors. They say that these red-flag laws need to be strengthened. I am committed to learning from them, and I am grateful for their future contribution once we start to study this proposed legislation at committee. We will invite advocates with lived experience, and they will bravely tell us about the worst day of their lives and why we need to take stronger action. It is incumbent upon everyone at that committee table to listen with an open heart and hear about what we, as parliamentarians, can do to make sure other families are not faced with the same devastating news that they have lost a loved one due to preventable firearms violence.
These red-flag provisions are one tool that aligns with Canada's strategy to prevent and address gender-based violence. It builds on current federal initiatives, coordinates existing programs and lays the foundation for greater action on this critical issue. The strategy is organized across three pillars: prevention of violence, support for survivors and their families, and promoting responsive legal and justice systems.
Gender-based violence is one of the most pervasive, deadly and deeply rooted human rights violations. The bill before us is paramount to the creation of strong and safe communities for everyone, and we have seen support for these measures.
Jan Reimer, a former Edmonton mayor and now executive director of the Alberta Council of Women's Shelters, said that the legislation proposed is:
...a step in the right direction.... We see women being threatened with a gun. It's one of the major, if not the major, causes of death for women in domestic violence relationships. Better control doesn't take anybody's rights away, but it does protect women's rights to safety.
Bill C-21 is one more tool we can use to prevent gun violence across our country. I look forward to testimony at the public safety committee from advocates who push us to create and strengthen legislation that protects our communities from gun violence. I am proud to support our efforts to keep Canadians safe.
View Jack Harris Profile
NDP (NL)
View Jack Harris Profile
2021-04-23 10:36 [p.6083]
Madam Speaker, I am pleased today to join in the debate in this virtual sitting of the House of Commons on Bill C-21, which is obscurely named an act to amend certain acts and to make certain consequential amendments on firearms.
I first want to say that what New Democrats want is for Canadians to be safer and feel safer. What we do not want is a polarization and a politicization of an issue that should be about public safety. Unfortunately, it deteriorates fairly rapidly into a debate about something else. We understand there are differences of opinion as to how best to make Canadians safer, but we do not want a clash of cultures. This is not a debate about cultures; this is a debate that ought to be focused on public safety.
I sat through two Parliaments before the previous one and heard issues debated regarding gun safety and the long-gun registry and it was not very helpful, frankly, in terms of gun safety and people's safety. We are in a situation now where the banning of assault rifles is one of the two most important measures. This is not about gun culture, hunting, law-abiding citizens or anything like that. We know there are efforts to talk about law-abiding citizens and I agree that most of us are law-abiding citizens, but the reality is that guns are a serious problem in our society. There have been mass shootings and I can go over some of them.
In December of 1989, we are all familiar with the horrendous events at École Polytechnique, where 14 were killed and 14 injured. In August of 1992, there was a massacre at Concordia University and in 1996, in Vernon, B.C. there were nine killed. In January 2017, we know about the Quebec City mosque shooting in Sainte-Foy, with six dead and five injured. Last April, there was the horrendous event in Nova Scotia, where 22 were killed and three injured. We know that these things happen and that they are likely to happen again. If something can be done to reduce the danger of this happening, then we should do it.
The two most important measures that deal with gun violence are the ban on military assault-style weapons and assault weapons with those kinds of capabilities and the empowering of municipalities to restrict or ban handguns within their boundaries. Both measures are ones that New Democrats have long supported and, in the case of the municipal handgun ban, were even the first to advocate. These measures would provide some support and defence against the possibilities that someone, in the case of assault rifles, who may have an obsession, grievance, hatred or some form of mental imbalance or anger associated with that, could cause mass deaths in a very short period of time, causing significant and horrendous death and loss of life of innocent people. As was pointed out, these guns have no use in our civil society. These are military weapons designed to be effective killers of people and New Democrats support the ban of these weapons.
We also want this legislation to receive the largest support possible in the House of Commons and largest level of acceptance by the general public. We know there is significant public support for a ban on assault rifles. A May 2020 poll said that 82% of people support a ban on the possession of assault-style weapons by civilians, 87% of women and 88% of Canadians aged 55-plus support a ban on military assault-style weapons and 87% of Canadians agree that the federal government should increase funding to suppress the smuggling of assault-style guns into Canada. Of course, this is another measure that we have been advocating for for at least a decade, that smuggling enforcement has to be improved considerably.
We heard the Parliamentary Secretary to the Minister of Public Safety say that measures have been taken, but they are very late in coming and they are not even installed properly yet. In fact, going back to 2014, over 1,000 Canada Border Service Agency agents were removed from service and have not been replaced by the government since it has been in power, since 2015. That is something that is seriously deficient in the response that has taken place.
We will have committee hearings. There are serious concerns that have been raised by groups that have been advocating for victims of mass shootings. They have come forward and said that they do not believe that the Liberals are very serious if they are not prepared to put measures in place that take the long-term effect of removing these weapons seriously.
The so-called “grandfather clause” that allows people to keep weapons for potentially 20 to 60 years, despite the fact that they are prohibited weapons, is something that causes people to be concerned about how serious the government is in actually changing things, particularly when we already have a commitment from the Conservative Party to reverse that ban and therefore the lobbyists are encouraging people not to participate in a voluntary buyback program.
The minister's parliamentary secretary and the previous speaker suggested that a study of the New Zealand situation proved that only 40% of guns were actually returned in a voluntary buyback program. I do not believe that is an effective and proper analysis of the facts. The only figure that is based on is a figure put forth, unverified, by the gun lobby suggesting that there were 170,000 assault-style rifles in place. The other evidence shows that as a result of the buyback program, there has been no change in the price on the black market for assault-style weapons and there is no indication that this has not, in fact, been effective in reducing and eliminating further actions of that nature in New Zealand.
In fact, a ban in Australia was very important in effecting change for what happened in 1996, the Port Arthur massacre, that killed 35 people and injured 23. A national firearms ban was put in place and placed tight controls around automatic and semi-automatic weapons. Since then, there has only been one mass shooting since 1996, defined as more than five killed. However, between 1978 and 1996, there were 13 mass shootings in Australia, proving that the ban would be effective.
This is another failure of the government. There are other aspects of this bill, and I think the previous speaker touched on the red flag laws. We need to hear about the effectiveness of them. It looks to me that they can be effective in improving the possibility of getting guns out of the hands of people who may be an immediate danger to themselves or others. That is a very positive thing, but we do need to hear evidence on that because there are some of contrary views as to whether they are proper and able to do an effective job in that.
We have also a need for consultation from these groups. We need to also hear from another group that has a great deal of interest in this legislation and I am speaking here of the airsoft industry. It has come forward after being effectively put out of business by this legislation without any notice, without any consultation and without any alternatives. The failure to consult with other groups in the preparation of this legislation was also evident in this area because there are possibilities of using regulation as a different method of control in the airsoft industry.
For those who do not know, it is akin to the paintball industry. It is called airsoft because it is essentially an air gun that is used in recreational activity. Many of them are replicas of other styles of guns. We have legislation and regulation within the movie industry to allow it to use replica guns in film work with licences and regulations.
There is no reason to believe that regulations could not be developed in consultation with the airsoft industry to allow that industry to continue in a regulated fashion. That is something that may or may not be able to be done with committee hearings. It may be something that ought to be put off for further consultation.
This legislation was brought in after the order in council, very quickly after the Portapique massacre in Nova Scotia last year. We do not think that sufficient consultation was made, with all of the things that are contained in this legislation. We do need to have a closer look at much of what is in this legalisation. There is a lot of detail here.
I would like to hear that the government is prepared to be serious about considering other ways of ensuring that if we are going to have a ban on assault rifles, it is going to be an effective one that would be permanent in nature. It has been suggested, for example, that instead of having a compulsory buyback, if people wish to keep these assault-style rifles because they are collectors and want to have a display and show them to their friends, etc., there are methods of rendering them inoperable. It has been suggested that might be an alternative to the grandfathering clause, which would be quite easily overturned, rendering ineffective the measures that the government has taken.
It is not something that I think ought to be left lingering. We do not control the future, obviously, but to have a measure that provides legislation that lingers for decades but is not effective for that period of time is something we need to avoid.
The bottom line here is that we have legislation that meets the need to ban assault rifles, to make it more difficult to use, to be put into place. We hear as part of the discussion, and we have already heard it here this morning, talk about law-abiding citizens. The law-abiding citizens are people who do not break the law. There are many people who are law-abiding citizens until they are not law-abiding citizens anymore.
The research on gun violence shows that, for example, in the 16 deadliest mass shootings in Europe, and this is five-year-old evidence, between 1987 and 2015, 86% of the victims were shot by a licensed shooter. In at least 29 American mass gun killings since 2007, 139 people were killed by licensed firearm owners. To look back to Canada, of the firearms seized from Canadians who were violent, had threatened violence or were subject to a prohibition order, 43% were registered to licensed gun owners. In New Zealand, another example from far away, half the perpetrators in both non-fatal firearms-related domestic disputes and in gun homicides have been licensed gun owners.
It is not a panacea to say that we are dealing with law-abiding gun owners and there is no problem, because law-abiding gun owners are being affected by this. In fact, the individual who drove from Manitoba to Rideau Hall last July with a cache of guns had these guns legally. He said he was coming to arrest the Prime Minister, in part because of the gun legislation being brought forward.
We are not talking about one category or another here. We are talking about protecting the public and making the public safer. We are talking about assault-style rifles. One of the prohibited weapons from last year's order in council was held by this individual from Manitoba.
We have to get away from this whole issue of talking about attacking one group of people versus another. The emphasis has to be on public safety. The emphasis has to be on finding a way to ensure that we have the broadest public support possible for the legislation, by focusing specifically on the assault-style rifles and trying to do something about handguns, which are predominantly a city problem, by giving the authority to the municipalities to have some control over that. It may not be perfect, but it is better than what is there now, which is nothing that is actually controlling this.
Yes, there has to be more enforcement. Yes, there has to be a crackdown by the police on activities in cities. We have already heard from some municipalities, like Vancouver and Surrey, that are interested in this. Toronto has spoken favourably about it. These are areas where handguns are a particular problem and a danger to public safety. If this will help, then we should provide the mechanism so that it can be put in place.
Having said all that, I will be interested in comments or questions from my colleagues. I think this legislation is in the right direction, but it needs to be looked at very carefully. We need to make sure that it is actually going to be effective and that it is not going to be an overreach in an area like the airsoft industry, for example, which might be able to be more properly regulated.
View Christine Normandin Profile
BQ (QC)
View Christine Normandin Profile
2021-04-23 12:26 [p.6104]
Madam Speaker, I heard my colleague talking about a red flag regime that would help get guns out of the hands of people who pose a risk.
Would it not be simpler to completely ban the possession of weapons?
In some cases, would the use of this red flag regime not simply trigger someone who is a danger to themselves or others?
View Jack Harris Profile
NDP (NL)
View Jack Harris Profile
2021-04-23 12:26 [p.6104]
Madam Speaker, I am not sure that the hon. member and I are talking about the same thing.
The proposed red-flag legislation indicates an opportunity for a court to have guns or any firearm removed from a particular individual because of the individual's circumstances, which is something the police have access to now, but it would include a friend, neighbour or associate being able to make a similar application.
View Patrick Weiler Profile
Lib. (BC)
Mr. Speaker, today's landmark decision is an important one in the fight against climate change and the most efficient tool in this effort. The Supreme Court affirmed what the Conservative leader's party rejected just this past weekend: Climate change is real and we have to act.
Can the Minister of Environment and Climate Change please update the House on today's decision and our plan to fight climate change?
View Jonathan Wilkinson Profile
Lib. (BC)
Mr. Speaker, that is an important question. Today, the Supreme Court reaffirmed what Canadians have known along: Climate change is real and putting a price on pollution is of concern to Canada as a whole. Only Conservative politicians are disputing the reality and urgency of climate change.
Today's historic decision is a win for the millions of Canadians who believe we must build a prosperous economy that fights climate change, many of whom participated in the court's hearing, such as doctors, economists, cities, labour, indigenous groups and young people. It is a win for the hard-working families who will continue to receive more money in their pockets through the climate action incentive.
View Kevin Lamoureux Profile
Lib. (MB)
View Kevin Lamoureux Profile
2021-03-11 16:32 [p.4926]
Madam Speaker, I can appreciate the gravity of the debate that has been taking place on this very important piece of legislation. It is nothing new to members, no matter what side of the aisle they are on. Those who have been around for the last four or five years have literally seen hundreds, if not thousands, of hours of debate and discussion when we factor in what has taken place in the Senate and its committees, the hours of debate in second reading and third reading, the committee hearings and the special committee hearings.
An amazing amount of consultation has taken place, in particular, with the current minister responsible for the legislation. I know the parliamentary secretary to this particular ministry has done a phenomenal job in terms of reaching out and explaining the many complicated aspects of this legislation, and comparing it with what had taken place previously.
The issue of medical assistance in dying has been on the floor of the House and in our communities for years. We are in this position now because of a specific superior court ruling from the province of Quebec. I think the deadline is now the end of the month. This is the second or third, and final, extension, as has been made very clear. I believe that we need to have legislation dealing with medical assistance in dying and that it needs to comply with our courts. I very much support the rule of law in our democratic system.
I understand there are extremes on either side of the issue. There are those who, for personal and passionate reasons, believe that we should not have the legislation and those who, for personal and passionate reasons, believe that we have to have the legislation. I have chosen the side of supporting the legislation. I made that determination for a number of reasons. I respect the debates that have taken place over the years. I have seen tears on the floor of the House of Commons as MPs plead their position on MAID, at times with a great deal of passion. It is not easy for many, if not all, members of Parliament to ultimately make that determination.
We have heard from our constituents by email, by Canada Post, by telephone and by public meeting. Many of our constituents are following this issue and want us to make a decision from their viewpoint. What I have often found when speaking to constituents is that they understand why we are in the position we are in today. Some would ultimately not want to see this legislation pass, period. They are prepared to use whatever mechanisms they can. I am referring, in particular, to members of the official opposition. They will take whatever actions they can to prevent the passage of this legislation.
When asking a question of the Minister of Justice earlier, I indicated I had listened to many hours of debate on this issue, and I had posed questions to other members.
Let it be put on the record clearly that I believe there are members within the Conservative caucus who do not want this legislation to pass, period. End of story. As a whole, the Conservative Party has taken the position that it wants to continue debate and has somehow drawn the conclusion that it is inappropriate for the government to move closure. I want to highlight two aspects of that, because I think it is very misleading for the Conservatives to try to give the impression in any way that the Government of Canada has not been listening to Canadians, or is trying to ram through legislation.
First, we are in a minority government. We could not be doing this without the support of a majority of the members sitting in the House of Commons. That means that many opposition members are supporting the need to allow this legislation to come to a vote. I suspect, when it does come to a vote, that some of the Conservatives who voted against allowing it to come to a vote will vote in favour of the legislation, so the Conservatives are using the rules to try to prevent that. It is important to recognize that it is not just the government saying the official opposition is being irresponsible with respect to this legislation.
Second, the Conservatives are saying they want more debate and that is what this is all about. They do not want the government to bring in closure. That is just not true. That is not the case. I do not believe that for a moment. Those who are following the debate need to understand and appreciate that the Conservative Party of Canada was offered not once, not twice, but on three separate occasions the opportunity to continue to debate this issue for hours on the floor of the House of Commons. The Conservatives said no to every opportunity they were provided for additional debate. That clearly demonstrates that the Conservative Party is not interested in having more debate time; rather, it wants to filibuster this legislation. In one sense, the Conservatives would be very happy if we debated this bill every day. If we accommodated their so-called desire, they would criticize us for not having more debate on other government bills.
There is a finite amount of time on the floor of the House of Commons. In my opinion, the Conservative Party continues to abuse the opportunity to allow for healthy debate. With Bill C-7, we are talking about life and death. There are examples I could give that further show what I believe has been a very destructive attitude by the Conservative Party of Canada when it comes to the proceedings in the House.
If it were not for shaming the Conservative Party of Canada, some of the legislation and other things that have taken place in the last 24 hours would not have occurred. If Canadians understood the tactics the Conservative Party is using, I believe they would be outraged.
Today is about life or death and Bill C-7. On other occasions, and I would cite Bill C-14 as an excellent example, there were hours and days of debate. I suspect there were probably more days of debate on Bill C-14 than there were on a budget bill, and more speakers than on a budget bill. Conservatives wanted to talk it out. I believe we finally got it through because they were shamed into doing so.
Bill C-7, as I indicated at the beginning, concerns a complex and deeply personal issue. It is about reducing suffering, among other things. In previous debates on this issue, I have shared with the House my own experiences of the passing of my father at Riverview and of my grandmother in palliative care at St. Boniface Hospital.
In these debates, there has been a great deal of discussion about what else we could do. For example, the importance of hospice care and the issues of long-term care, recognizing the federal government has a role to play in those areas—
View Rob Moore Profile
CPC (NB)
View Rob Moore Profile
2021-03-11 16:57 [p.4929]
Madam Speaker, I will be splitting my time with the member for South Surrey—White Rock.
Madam Speaker, it has been very interesting to hear the Liberal speakers today on this sad day when the Liberals have brought in closure on what is a very important life-or-death amendment from the Senate, and to hear the Liberals spinning their wheels and making up excuses and pretending that past studies on other bills dealing with medical assistance in dying somehow should be taken and counted in support of the huge expansion suggested by the Senate, which has only had a very few hours of consideration in the House before this closure motion today.
For those who are watching, closure by the government means that members of Parliament will not be able to further debate or further study the application of medical assistance in dying to those suffering with mental illness.
It is important to have a bit of context on this because when the Minister of Justice appeared at our justice committee when we were studying this bill, we did not hear from those in the community dealing with suicide prevention and with mental illness because that was not an aspect of the bill. The minister at the time said that there was no consensus in Canada when it comes to mental illness, and there was no consensus among physicians when it comes to mental illness; yet now, a few months later, the Liberals are ramming this through today in a very unfortunate and contemptuous way.
I expect that desperation we hear in the voices of Liberal members is because they are getting the same emails, phone calls and messages that the rest of us are getting. These messages are from those who are fighting for vulnerable people, those who are fighting for people with depression and people suffering from mental illness, saying, “Please do not pass this Senate, and now Liberal government, amendment”.
From the beginning the government has mismanaged this issue. The Liberals say that Bill C-7 was originally aimed at responding to the Quebec Superior Court decision from 2019. Conservatives, at the time, said very clearly that the government should defend its law and should have appealed this decision to the Supreme Court of Canada. Instead, the Minister of Justice, who himself voted against Bill C-14 on medical assistance in dying because it did not go far enough, saw this as an opportunity to rapidly expand the medical assistance in dying regime under the cover of responding to that Quebec court decision.
I disagree with the position of the Liberals not to appeal this to the Supreme Court. As the Conservatives said, that would have given Parliament clarity on how to legislate going forward. However, the Liberals took the highly unusual approach of not defending their own legislation. If the Liberals simply wanted to respond to the Quebec court decision, they would and could have done that. They chose not to do that. Instead, today, they are trying to ram through this bill that goes dramatically beyond that. It is very clear that the Liberal government sees the work of Parliament as a nuisance and that anything other than complete acceptance of its legislation must be opposed.
When this bill was first introduced just over a year ago, it was done one week after the government had already asked for its first extension from the Quebec court decision. Therefore, the Liberals were already failing to meet the court deadline that they said was their goal. Then, rather than introduce a bill that simply addressed the Quebec court decision, the Liberals introduced a far more expansive bill that requires a significantly greater amount of scrutiny by Parliament.
Under Bill C-14, the government's original MAID legislation, a legislative review was required five years after the bill received royal assent. That was scheduled to take place last year. This review would have looked at the impacts of Bill C-14 and would have provided insight on how to proceed forward. Let me be clear: Rather than allow Parliament to do that work first, the government decided to expand MAID legislation in Bill C-7. Again, rather than simply responding to the court decision and allowing Parliament to do the work necessary to study this issue, the Liberals overreacted and brought in expansive new legislation.
The government ended up receiving an extension from March 11 to July 11, 2020, and, with the COVID outbreak, Parliament's scrutiny was limited for a number of months. As time ticked toward July 11, it was apparent that yet again the Liberals would not be able to ram their bill through Parliament, and another extension was requested on June 11, this time for December 18, 2020. When Parliament eventually resumed in September 2020, we could have had the opportunity to debate Bill C-7, but of course we were, ironically, prevented from doing so by the Liberals who are now so keen on passing Bill C-7, because they prorogued Parliament, wiping the legislative slate clean. We all know this was done to avoid scrutiny of the WE scandal to protect the Prime Minister and other senior members of cabinet.
Based on the communications over the past couple of days, one would expect that the Liberals may have had a sense of urgency to reintroduce Bill C-7, instead they did not introduce Bill C-7 again in the first week or the second week. It took the Liberals until the third week of Parliament after they prorogued to actually reintroduce Bill C-7.
The Liberals have set themselves up time and time again to miss their own deadlines, and they have set themselves up for failure, but now there is this rapid rush. however, as has been pointed out, this is an entirely new bill that has come back from the Senate because it includes what was explicitly excluded by our House of Commons, which is made up of elected members of Parliament from all across this country. The mental illness component was specifically and deliberately excluded, and now it is being added in.
By including mental illness as a sole underlying condition to be eligible for MAID, the government wants to expand MAID even further in a way that is a complete 180° turn from Bill C-7 as it was introduced a year ago. This is a completely different bill than was originally debated in the House. As the vice-chair of the justice committee, I know we did not seek to hear from experts on this topic because the government's bill explicitly said expanding medical death to those with mental illness was not being considered. Now, at this last stage of the bill, the government is recklessly accepting a dramatic expansion of the bill, an expansion to which the Minister of Justice himself said there was no consensus.
What are people saying on this mental illness issue? It is unfortunate because Canadians are not going to be able to be engaged and participate in this conversation before we vote on the matter tonight. However, for those of us who are listening, the CEO of the Mental Health Association sounded alarm bells in an article urging all members of Parliament to please vote against the Senate amendments. Her point in the article is that MAID should not be broadened to those with mental illness until at least the health care system adequately responds to mental health needs of Canadians.
She highlights that it is not possible to determine whether any particular case of mental illness represents an advance state of decline and capabilities that cannot be reversed. She concluded her article writing, “We have to cure our ailing mental health system in Canada before we even begin to consider mental illness incurable.”
In a CBC, Dr. Mark Sinyor, a psychiatrist and associate professor of psychiatry at the University of Toronto recently wrote, “As a scientist, I have to be open to the possibility that all of the claims advanced by MAID advocates are accurate. But enacting law, one which literally governs life or death decisions, based on a possibility isn't good enough.”
He continued, “In other areas of medicine, thoughtful scientists typically devote whole careers to meticulously studying benefits and harms of treatments before rolling them out. Here, that proven approach has inexplicably been replaced with hand-waving and moralizing.”
We know that it is our job as members of Parliament to study these things and hear about them at committee from experts, those that are directly impacted, before passing new legislation. We heard this week at a press conference from Wayne Wegner. He told his story of struggling with mental illness. Wayne had a series of difficulties in life that led him to a very dark place, and he urged members of Parliament to please vote against this legislation.
In conclusion, this is not how we should be operating. We should not be dealing with closure today. We should be listening to persons with disabilities and persons suffering from mental illness issues and their advocates. We should all do our jobs as members of Parliament and listen first before we act. That is our duty.
View Monique Pauzé Profile
BQ (QC)
View Monique Pauzé Profile
2021-02-25 17:28 [p.4578]
Mr. Speaker, introducing a bill is always an important moment in the life of a legislator, and so is the time when that bill is debated.
I therefore commend the member for Lakeland, and I want to explain to her why the Bloc Québécois will not be supporting her bill. In environmental policy, there is a basic principle known as the polluter pays principle.
According to this principle, to which the Bloc Québécois subscribes, it is up to businesses to assume the costs of environmental damage related to their operations. The provisions of the member for Lakeland's Bill C-221 fail to respect that basic principle. The very principle of granting a tax credit in an attempt to force companies to assume their responsibilities would mean funding an industry that is harmful to the environment rather than funding the energy transition. We agree with the hon. member that it is not up to Alberta taxpayers to pay the full cost of shutting down orphaned wells, but nor is it up to Quebec, the provinces and territories. This is the perfect opportunity to recognize the merit of the polluter pays principle and to implement it as rigorously as possible. Until the shift to clean energy is completed so that Canada can move away from fossil fuels, which we hope happens as quickly as possible, governments will have to strengthen their environmental policies and come up with effective ways to hold resource companies accountable.
Two years ago, the Supreme Court upheld the polluter pays principle in the Redwater Energy case by overturning a ruling from Alberta's highest court holding that repaying the creditor bank of the bankrupt company should take precedence over cleaning up abandoned sites. The Supreme Court disagreed and said that the priority is the cleanup, that decontaminating the environment takes precedence over repaying creditors when an oil company goes bankrupt. It even specified that the creditors and fiduciaries claiming to have priority were in fact people who benefited from the company's economic activity and who were, as a result, bound by the same regulatory obligations as the bankrupt company.
Between 2016 and 2019, in only three years, there were 28 bankruptcies involving 10,000 sites in Alberta for a total value of $335 million. Over the same period, the Orphan Well Association's inventory grew by 300%. This NGO, also known as OWA, claims to be independent, funded primarily by the industry and under the regulatory authority of the Alberta Energy Regulator. Is that really the case? Let us continue. Its mandate is to close wells, plants and pipelines who are no longer under the responsibility of financially solvent owners in order to protect the public and the environment and to eliminate the potential threat posed by these unfunded liabilities.
If the industry properly funded the OWA to really repair the environmental damage caused by failed companies, would we still be talking about even more taxpayer dollars being funnelled to the fossil fuels industry? The federal funding that the member for Winnipeg North spoke of earlier, the $1.7 billion announced last spring to clean up and close orphaned wells, is taxpayer money. Albertans also fund, through loans, the restoration of hundreds of wells—more taxpayer dollars. What about guaranteed federal loans with public money from all across the country? Even more taxpayer dollars.
The tax credit proposed in Bill C-221 will not prevent the inevitable decline of the fossil fuel sector, especially not for the qualifying corporations the bill identifies. The explosion in the number of sites that the OWA is now responsible for clearly illustrates this reality. It is in the economic interest of the western provinces to diversify. Even the Organization of the Petroleum Exporting Countries, or OPEC, says that demand for oil will plateau and will not grow much in the next 25 years, while renewable energy is already growing and will continue to grow even faster over the same period. In this context, we must approach the problem of bankruptcies head-on and make sure that governments reform and tighten their criteria for how companies finance the end of their facilities' life.
Forcing society at large to pay for the environmental costs of an industry that not only degrades the surrounding environment, but puts communities at risk and compromises our climate future, is neither fair nor legitimate.
For public funds spent on closing wells to be considered an investment, such expenditures would need to be made in the wider context of a comprehensive energy transition plan. If such a plan were implemented, making an investment to restore the environment around the wells would be considered a measure to ensure a fair transition. It would have the dual benefit of protecting the environment and supporting energy sector workers during the necessary transition.
However, as a stand-alone bill, Bill C-221 is a tax incentive to support the development of business models and an industry that are making no attempt to mitigate the impact of the environmental degradation for which it is responsible. Any financial support provided to manage the environmental risks that continuously result from the fossil fuel industry must be attached to restrictive environmental regulations, as well as other preventive measures, in order to avoid endlessly exacerbating the situation and the problem.
There is one good program called area-based closures, where well operators work together to minimize the cost of restoring sites. It is a good program and a step in the right direction, but participation is voluntary.
We need to do more to protect the environment and our health and to address the climate emergency. One thing is for sure: Well operators must take note of the Supreme Court decision I mentioned earlier. Provincial governments, for their part, must create regulatory tools tied to taxation laws to enforce the Supreme Court decision.
In the Supreme Court Redwater case, the appellant, the Alberta Energy Regulator, estimated the province's oil and gas liability at $30 billion or more. These massive costs, which are a relatively conservative estimate, are over and above the ever-increasing costs of greenhouse gas emissions, the impact on human health and the destruction of natural environments in the province.
A multi-level governmental review of the fossil fuel regulatory environment, which would empower governments to hold those benefiting from the resource responsible, is decades overdue. The orphan well problem, which is not addressed in Bill C-221, is real, it is current, and it is definitely connected to that.
In conclusion, the Orphan Well Association, or OWA, has had expanded powers since the spring of 2020, powers that were granted in the middle of a pandemic under two amendments adopted to its enabling legislation by the Government of Alberta. According to published information, these powers affect three areas: the role that the OWA plays in promoting the closure of sites; the role it plays in ensuring that oil and gas sites are not abandoned prematurely; and increased financial control to manage sites that may eventually be abandoned, as well as those under its control.
These wells are being kept in good working order, but why? To what end? Essentially, the OWA can now buy up sites before they are abandoned, which helps the company. Then it will clean up the defective sites, which did not used to happen, meaning the industry is relieved of its responsibility yet again. That is the direction that the Alberta government would like to move in with the OWA, which now works in service of the companies.
The Bloc Québécois has already indicated that it is prepared to stand with workers and families in western Canada, but efforts need to be made to break the Canadian economy's dependence on fossil fuels. We have proposed concrete measures in favour of a recovery plan, but we are still waiting for the government's green recovery strategy.
Without a comprehensive strategy, Bill C-221 is just a glorified subsidy for the fossil fuel industry. The Bloc Québécois's position is clear: We are against any subsidy for that sector. The pandemic must not be used as an excuse to make the public pay the high price of environmental damage.
View Luc Thériault Profile
BQ (QC)
View Luc Thériault Profile
2021-02-23 11:26 [p.4422]
Madam Speaker, I do not want to keep members in suspense for too long. The Bloc Québécois will support the government's motion, and I will explain why.
I would like to tell all my colleagues that we need to work across party lines on these sensitive issues and find a way to move forward.
I remind my colleagues that Quebec's end-of-life legislation has often been cited as an example, not only because it is a good system, but also because of the way all members of the Quebec National Assembly worked together to create that system. Quebec's act came into force in 2015. The Select Committee on Dying with Dignity was created in 2009. The legislation was passed in 2014 and assented to in June 2014. This means that there was a process that ultimately involved debate. The Quebec National Assembly was able to consider all the differences and find common ground, which served as the foundation for the act. At the end of the process there were very few people against the act. There was broad consensus on this piece of legislation, both in the National Assembly and among Quebeckers.
In Ottawa, members have always taken action in response to court rulings. The amendments that need to be made to the Criminal Code in order to incorporate all of these sensitive issues are related to a court ruling. In this case, the legislators finally need to take action because the law has been deemed unconstitutional and found to violate fundamental rights.
According to Baudouin and Carter, Bill C-14 deprives people of the right to life. For example, it was depriving Ms. Carter, Ms. Gladu, Mr. Truchon and Ms. Taylor of their right to life because they were being forced to shorten their lives. That is not a trivial matter. It is serious.
My Conservative colleagues are saying that we need to protect human dignity and life. I completely agree, but it is important that we not create the opposite effect of what we claim to defend through government paternalism. Vulnerable people are capable of defending and exercising their rights.
However, it is rather appalling to see that, since Bill C-14 was introduced and since a decision was rendered in Carter, we have placed on the shoulders of vulnerable people, people with irreversible diseases, people who are enduring unbearable suffering, the burden of defending their case before the court in order to get access to medical assistance in dying.
Why are we agreeing to vote in favour of the motion? We are doing so because we need to make progress in a debate like this.
I have said this before and I will come back to it again later. Even though we said that we agree with the underlying principles of Bill C-7, we would have liked for the bill to go a little further. However, we still need to recognize that Bill C-7 responds to situations like those of Ms. Gladu, Mr. Truchon and Ms. Parker.
Bill C-7 also makes it possible for people in the terminal phase of life—I am not talking about the terminal stage of an illness when death is not foreseeable—to avoid waiting the mandatory 10 days with two witnesses before finally proceeding. Many people with cancer go through a long process. Even in the most aggressive cases, it takes a few months. People wait until the last minute to proceed because nobody wants to die. Everyone wants to wait until the last minute and push the limits of what they can tolerate. Once they reach that limit, these people want help.
Once in the terminal phase of life, a person who had been receiving palliative care at home may be taken to the hospital urgently, where health workers will note their rapidly deteriorating condition. Consider a person who, for the past two years, six months or three months, has always told their therapists that they want medical assistance in dying because they do not want to suffer. This person has been receiving palliative care and medication at home, but their condition is deteriorating. Why should they have to wait 10 days for access to medical assistance in dying in the terminal phase of life when the process of dying has begun and is irreversible? Bill C-7 covers this situation and offers this option. That is a step in the right direction.
There are of course other sensitive issues to be addressed, such as mental illness as the sole underlying medical condition. In my remarks last December, I had the opportunity to say that, as a parliamentarian and legislator, I did not have the expertise to reach a decision on that point. I think it is wise that the motion implies two things and that an independent panel of experts is being set up. The panel will have to look at the recommended protocols, guidelines and safeguards for MAID requests from patients with mental illness as their only condition.
Earlier, my Conservative colleague was talking about the requirement to have safeguards that protect the individual and help prevent abuse. Our Conservative colleagues would have us believe that we are in some sort of house of horrors, as though the health care system itself were inherently evil, and we need to protect persons with disabilities because our prejudices about these individuals might cause health care professionals to give up, as though people are going to be coerced and euthanized without their consent. I find it very difficult to understand that kind of rhetoric.
A similar independent panel of experts was set up in Quebec and a report was prepared. I think we should carry on with this work to get a clearer picture. Not only will the panel of experts deal with this issue, but there will also be something else we have been asking for for a long time and that is the creation of a review committee for the entire body of work. Bill C-7 could have included amendments to C-14, An Act to amend the Criminal Code, which could have led to a new review of the legislation in two, three or four years. In just 30 days a special joint committee will study the issues of mature minors, advance requests, mental illness, palliative care in Canada and the protection of Canadians with disabilities.
Whether or not an election is triggered and there ends up being a change in government this committee is enshrined in law and will begin sitting in 30 days. It will work for a year before tabling its recommendations. We may reach a consensus or hold discussions for at least 12 months, which the court-imposed deadlines did not allow Parliament to do in relation to Bill C-7 and its previous version, Bill C-14. I think it is necessary.
To come back to the social acceptance of Bill C-7, I would point out to my Conservative colleagues that an average of 80% of people across the country approve it, from 88% in Quebec to 77% in Alberta. I think moving forward is a reasonable compromise. If in 24 months MAID is made available to people with mental illness, this deadline will help determine the necessary safeguards to make practitioners comfortable with this as well. In fact, we need to hear their point of view on this.
On the issue of advance requests for medical assistance in dying, I find it timely that the committee will start sitting in 30 days and that its members will work hard across party lines for the benefit of people who are suffering, like Sarah Demontigny. We will not forget these people, and we will establish a process to ensure that the advance requests they are drafting today will apply once our work is done. That is my hope.
Without making assumptions about the results of our efforts, I think we can come up with something better than the amendment proposed by the Senate if we have meaningful discussions and hear from witnesses. This would make it possible for Quebec, which is responsible for implementing this practice of advance requests, to properly regulate it. We could identify how to best amend the Criminal Code to allow for this.
I spoke about the legal aspect, but I will now come back to the fundamental principles. We are in the process of reaching a compromise because reason dictates that we must move forward. Bill C-7 represented a step in the right direction with the official commitment of an expert panel on mental health. I think it would be a good idea that the special committee I mentioned be a joint committee. This would ensure that everyone is doing the same work and hearing the same witnesses at the same time to eventually arrive at a conclusion, rather than having a game of ping pong between the two chambers—one of which is outdated, in our opinion. Let us rally together.
We are doing this for those who are suffering, who have waited too long and who, today, have hope that we will finally complete this work. I believe that the government's motion represents the light at the end of the tunnel for these people, because there is a deadline and we will get there if we all act in good faith and without partisanship.
Bill C-7 already contains fundamental principles, which I will repeat. First, death—my death, just like my life—belongs to me. Why did I say that and why did I say earlier that the Conservatives are practising government paternalism?
I said those things because my own death is a very personal thing, and the state must not tell me what to do or make decisions for me. The state should be creating a framework to protect my decisions. I do not think people should be pressured or forced to go into palliative care until their last breath or to request medical assistance in dying.
During any clinical study, the patient is the standard. When someone who is ill has determined their own limit of what is tolerable, we need to listen to what they are telling us and what comes out of their suffering. This allows us to provide support.
I find it very disturbing that in the debate on medical assistance in dying, MAID and palliative care are always pitted against each other, but in reality, it is a continuum and they complement each other. Later in my speech I will define the notion of human dignity.
Who would not want to receive palliative care before dying from a serious degenerative disease that causes intolerable suffering? We all want relief; no one wants to suffer.
When it comes to end-of-life care, the least you can give someone is palliative care. Unfortunately, for the past 50 years, palliative care has not been the only answer for everyone, unless one is ideologically committed and determined to prove it. At that point, someone comes to the patient's bedside and imposes some religious or other ideology. No, that is not it.
We are in a process where it is imperative that we consider that palliative care can be successful even when a patient's request for MAID emerges. Why? Because the patient is at peace and ready to let go. In fact, I hope all my colleagues are at peace and able to let go when the time comes. This could also be an example of very good palliative care. Palliative care is about support when someone is dying, the easing of suffering and psychological support. It is possible that some will die after suffering until the end, but it is also possible that some are ready to let go. That is when they can be supported.
It is not up to the family or the state to make decisions on behalf of the dying patient or the person suffering from a serious and irreversible condition causing intolerable suffering. The underlying principle of Bill C-7 puts into perspective what is enshrined in law for every human being, namely self-determination.
The law guarantees everyone the right to self-determination. Why take this right away from me at the most intimate moment of my life, meaning my death? Why should the state be allowed to take away my right to self-determination in my decision to suffer until I die in palliative care or to seek MAID? It would be utterly absurd for the state to assume that power.
The state must provide us a framework to be able to do this. I often hear members talk about human dignity. Human dignity implies that we must absolutely—
View Jamie Schmale Profile
CPC (ON)
Mr. Speaker, I rise today to speak to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. This is a bill that has had seven iterations since 2008. Right from the beginning, Conservatives have seen the value in UNDRIP as an aspirational document that provides guiding principles toward reconciliation. We also recognize that many of the articles of UNDRIP are supportable. However, the impact of free, prior and informed consent and its impact on the cultural, social and economic development of indigenous peoples remains unclear. This is not coming as a surprise to the government. Conservatives have been clear from day one that this needed clarification. The fact that the government in its legislation has failed to clarify free, prior and informed consent yet again indicates it simply does not care about the implications that this bill would have for indigenous and non-indigenous communities.
Let me be clear. Conservatives support indigenous communities and their rights. We support the process of reconciliation with Canada's indigenous people, including the importance of education, economic development, and employment and training opportunities. We supported the Indigenous Languages Act and legislation relating to indigenous child welfare. We support many of UNDRIP's articles, but what we oppose is the government's lack of due diligence in putting forward legislation without reaching a common understanding of how free, prior and informed consent will be interpreted. We also do not think that enough consultation has been done with indigenous communities. This is something that has been echoed across the country, in fact. This will lead to uncertainty and could potentially undermine trust if expectations are not met, which could in turn set back reconciliation.
The government will say not to worry, and that this will be sorted out later. We have heard this many times. In fact, this is exactly what the justice minister told the Assembly of First Nations recently, but when it comes to taking action that will impact the lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have consistently failed to keep their promises. The Liberal government has a track record of saying it will sort it out later and then never delivering, so how can we trust them this time to do anything differently? That is why we have to worry with the Liberal government. We have to worry that the undefined statement of free, prior and informed consent could be interpreted as a de facto veto right, and thus have profound detrimental effects not only for a variety of industries across Canada, but for indigenous communities as well. National Chief Perry Bellegarde stated on May 12, 2016, that free, prior and informed consent “very simply is the right to say yes, and the right to say no”.
What if two or more indigenous communities want different things? The exact impacts on workers across regions and industries are unknown. The impacts on indigenous entrepreneurs are unknown. However, with the uncertainty created by the Liberals around the interpretation of free, prior and informed consent, the cost to communities, labour unions, indigenous businesses, and provincial and territorial governments could be astronomical. If existing laws and regulations could be superseded by implementing UNDRIP, the regulatory burden on industries could increase and deter business in Canada. This uncertainty hurts both prospective development and indigenous communities. There is a lack of clarity regarding how UNDRIP will work with Canadian jurisprudence and within each level of government. Everyone has a different interpretation. The only people who stand to benefit from a lack of clarity or a lack of definition are lawyers.
During a December 3, 2020, briefing for parliamentarians, representatives from the Department of Justice stated that Bill C-15 respects Canadian jurisprudence, while officials from Natural Resources Canada stated that the bill does not create requirements for industry, but for government. Which representatives were correct? We know from the Wet'suwet'en dispute that many indigenous Canadians believe the government and all industries operating in British Columbia, where a bill similar to Bill C-15 was passed, are bound by UNDRIP. In this case, hereditary chiefs maintained that they had not given their free, prior and informed consent for the pipeline. This was despite the proponent entering into agreements with all elected chiefs and councils along the approved route.
What if two or more indigenous communities want different things? Even within the same community, what if there is conflict between what the elected band council and hereditary chiefs want? Whose free, prior and informed consent trumps whose? Government officials appear to believe that the Indian Act and therefore elected chiefs would take precedence, but then why did the Minister of Crown-Indigenous Relations enter into an agreement with hereditary chiefs and ignore the elected chiefs of the Wet'suwet'en? There is not enough clarity.
There are many more examples.
Article 3 states:
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
How does that work, regarding Supreme Court decisions such as Marshall I and Marshall II, which state there are limitations on economic rights subject to definition by the responsible minister and the Badger test?
Article 19 states:
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
How does that work with the October 11, 2018, Supreme Court decision, which clearly states that the duty to consult does not extend to the legislative drafting phase?
Further, article 28.1 states:
Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
What does that mean for the City of Ottawa, for example?
Furthermore, it should be noted that the Supreme Court established in 1901 that it does not need to be bound by previous decisions, meaning it could subsequently choose to revise certain decisions once UNDRIP is affirmed as a tool for interpreting Canadian laws, including the Canadian Constitution.
Another important question is that of how land claims and modern treaties will be affected by UNDRIP. Currently, for example, article 4 of the Nunavut Land Claims Agreement lays out a division of powers within the territory. It includes a political accord granting powers, such as in other provinces and territories, to a public government and creating space and decisions that would affect the socio-cultural development of Inuit for input from the beneficiary organization. However, the lack of a clear definition of free, prior and informed consent may lead to the reopening of that land claim, as is already happening in Nunavut.
ITK president Natan Obed stated on December 3, 2020, in an interview with a news agency that “There are many things that the land claims are silent on.” Since devolution has not occurred, these discussions can still happen between Canada and Nunavut Inuit.
Is it possible that modern treaties and established land claims across the country may move to reopen negotiations to reclaim rights groups feel they may have given up in exchange for self-government?
In its December 2008 resolution, the AFN specifically states that the relationship between first nations and the Crown has been, and must continue to be, governed by international law. It added that treaties concluded with European powers are international treaties created for the purpose of co-existence rather than submission to the overall jurisdiction of colonial governments, and that the Canadian government has at no point been able to provide proof that first nations have expressly and of their own free will renounced their sovereign attributes. This statement clearly suggests an unwillingness to accept Canadian jurisprudence as the ultimate authority, calling into question how discrepancies between Supreme Court rulings and UNDRIP articles would be resolved. That is of critical importance.
Clause 5 of the bill states:
The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.
Not some laws, but the laws of Canada: not just federal, but provincial and municipal as well. Has the government consulted with the provinces and municipalities?
On November 27, six provincial ministers of indigenous affairs sent a joint letter to the government to share their concerns with this legislation. That included Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and Quebec. They were concerned that they were only given six weeks to review the legislation and about the impact it will have on the laws and regulations in their provinces. The letter states:
...delay is necessary both to allow for appropriate engagement with provinces, territories, and Indigenous partners on the draft of the bill, and to allow time for Canada to fully and meaningfully consider and address the legitimate...concerns that we have already raised about the draft bill in its current form.
The letter goes on to say:
A hasty adoption of ambiguous legislation that could fundamentally change Confederation without the benefit of the widespread and necessary national and provincial consultation and consensus not only risks undermining reconciliation, but will create uncertainty and litigation and risk promoting deeper and broader divisions within our country.
The list goes on.
The lack of clarity in this bill could have sweeping implications. The purpose of legislation is to make the law clear. As I said earlier, this bill fails to do that. The Liberal government has failed to do the real work necessary to make good on its promise to implement UNDRIP. Instead, it has presented a bill that is woefully incomplete because all it wants to do is check a box, but this bill is nowhere near a promise kept. It is yet another in a long line of the Liberal government's broken promises to indigenous communities.
On December 17, the National Coalition of Chiefs wrote to the Prime Minister, expressing its concern:
While the affirmation of Indigenous rights is always welcome, there are implications to this legislation, as currently drafted, that is likely to have negative impacts on the many Indigenous communities that rely on resource development as a source of jobs, business contracts and own source revenues. I do not want to see symbolic gestures of reconciliation come at the expense of food on the table for Indigenous peoples.
That is worth repeating: The legislation “is likely to have negative impacts on many Indigenous communities". How is that keeping with reconciliation?
Industry stakeholders are generally supportive. Like Conservatives, they share an understanding of the aspirational spirit of UNDRIP and the need for renewed nation-to-nation discussions on the path to reconciliation. However, they also share concerns, similar to those of Conservatives and many indigenous communities, that before Bill C-15 is passed, the government must clarify free, prior and informed consent. They are seeking clarity and want to ensure they understand the rules, but most concerning is the lack of consultation on Bill C-15 with indigenous communities.
The National Coalition of Chiefs expressed concern, stating:
...the lack of consultation is a flag for Indigenous leaders and communities across Canada. While the NCC was able to meet once with the Minister of Justice, there was an understanding that we would meet further to discuss our issues and concerns. The current comment period is far too short for us to consult with our representatives of Parliament.
Legislation of this magnitude only warranted one meeting.
On February 3, the elders of Saddle Lake Cree Nation wrote to the Prime Minister. They expressed deep concerns and indicated that they fully disapprove of Bill C-15 and the process that has been followed to date by the Government of Canada. This is because the government had not made any attempts to meet with them, or to provide adequate time and opportunity to consult.
The Liberal government has repeatedly demonstrated its inability, or perhaps just its unwillingness, to properly consult, let alone come to any agreements on the definition of “indigenous rights”. It is this uncertainty in the ability and willingness of the government to really deliver on Bill C-15 that has so many worried. Leaving interpretation to the courts over the ensuing years will lead to uncertainties that will have enormous implications for Canada.
While the Conservative Party supports the goals and aspirations of UNDRIP, we are concerned the government is going ahead with legislation, enshrining it into Canadian law, before we have developed a common understanding of what concepts such as free, prior and informed consent actually mean. There is currently a lack of consensus in the legal community. Without a common understanding, we risk creating uncertainty and misunderstanding in the future. That would mean letting indigenous Canadians and their communities down yet again.
Conservatives believe that the path to reconciliation lies in taking meaningful action to improve the lives of indigenous peoples and ensuring that they are able to fully participate in Canada's economy. We are concerned that a lack of clarity and common understanding about key concepts in the bill could have unpredictable and far-reaching effects that could undermine reconciliation in the long term.
Without a clear definition of free, prior and informed consent, there are several outstanding and troubling questions left unanswered. Whose consent must be sought when it is clear that consent has to be given? Could an unelected individual or group undermine the will of elected indigenous representatives or invalidate the decision of an indigenous-led process, an institution, or a public government?
I appreciate that the government feels that free, prior and informed consent does not mean a veto. The National Post reported the justice minister saying, “The word veto does not exist in the document”. In that same article, David Chartrand, the national spokesperson for the Métis National Council said, “We made it very clear, this is not a veto, we’re not out to kill industry”.
Why not then include a definition of free, prior and informed consent in this document? Why not spell it out for all Canadians that it does not mean a veto? If this process is about providing clarity for indigenous communities, non-indigenous communities and industry, let us start with some clarity around Bill C-15.
When it comes to taking practical actions that will impact the daily lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have, unfortunately, failed to keep their promises. I feel that Bill C-15 may be just another failed promise.
View Charlie Angus Profile
NDP (ON)
View Charlie Angus Profile
2021-01-26 14:46 [p.3545]
Mr. Speaker, this is the fifth anniversary of the historic Human Rights Tribunal ruling that ordered the Liberal government to end its systemic discrimination against first nations children, yet the Prime Minister's obstruction has resulted in eight non-compliance orders and over $8 million in legal fees. The cost has been paid in children's lives, children such as Chantel Fox, Jolynn Winter and Jenna Roundskye.
When will the Prime Minister just call off his lawyers, do the right thing for first nations children and end his systemic discrimination against their rights?
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, while today is the fifth anniversary of the CHRT order on the inequalities and overrepresentation of indigenous children in care that spanned decades, we have been clear that our goal is a comprehensive, fair and equitable compensation for those impacted by the historic inequities in first nations child welfare.
Let me be equally clear in saying that currently Canada is facing three competing lawsuits that purport largely to represent the same group of plaintiffs, and we welcome the appointment of a mediator to navigate this process. I would also take the a moment to highlight the termination this week of birth alerts in Saskatchewan.
View Rachel Blaney Profile
NDP (BC)
Mr. Speaker, the Minister of Indigenous Services recently stated that his government does not recognize the jurisdiction of the Canadian Human Rights Tribunal on expanding Jordan's principle. He wants consultation instead. Is the minister for real? We are talking about children who have no access to health care supports for the basic and urgent care they need. This is about care for children.
I am asking the minister to not take first nations children to court again. I am asking for reconciliation and action, not words. I ask the minister to please drop the legal action now.
Results: 61 - 75 of 128 | Page: 5 of 9

|<
<
1
2
3
4
5
6
7
8
9
>
>|
Export As: XML CSV RSS

For more data options, please see Open Data