February 12, 2009

LIB

Peter Milliken

Liberal

The Speaker

I have the honour to table the report of the Auditor General of Canada to the House of Commons, entitled “Managing Identity Information”.

Pursuant to Standing Order 108(3)(g), this document is deemed to have been permanently referred to the Standing Committee on Public Accounts.


Subtopic:   Auditor General of Canada
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LIB

Peter Milliken

Liberal

The Speaker

I also have the honour to lay upon the table the special report of the Privacy Commissioner concerning the examination of the privacy management frameworks of selected federal institutions.

Pursuant to Standing Order 108(3)(h), this report is deemed permanently referred to the Standing Committee on Access to Information, Privacy and Ethics.


Subtopic:   Privacy Commissioner
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A message from Her Excellency the Governor General transmitting supplementary estimates (C) for the financial year ending March 31, 2009, was presented by the President of the Treasury Board and read by the Speaker to the House.


LIB

Paul Szabo

Liberal

Mr. Paul Szabo (Mississauga South, Lib.)

Mr. Speaker, I have two reports this morning.

I have the honour to present, in both official languages, the first report of the Standing Committee on Access to Information, Privacy and Ethics in relation to Access to Information Act reform.

The committee has recommended to the government that a bill to update the Access the Information Act be presented to Parliament by May 31.

I also have the honour to present, in both official languages, the second report of the Standing Committee on Access to Information, Privacy and Ethics, in relation to supplementary estimates (B), 2008-09, which we report without amendment.

Topic:   Routine Proceedings
Subtopic:   Committees of the House
Sub-subtopic:   Access to Information, Privacy and Ethics
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NDP

Dawn Black

New Democratic Party

Ms. Dawn Black (New Westminster—Coquitlam, NDP)

moved for leave to introduce Bill C-315, An Act to amend the Criminal Code (leaving province to avoid warrant of arrest or committal).

Mr. Speaker, I am pleased to reintroduce this bill that addresses a glaring loophole in our criminal justice system. There is a serious problem in Canada with regional arrest warrants that are issued across the country but are not executed because of the cost of returning the accused to the area of the alleged crime.

This is of particular concern in British Columbia. A 2005 study by the Vancouver Police Department found that over a three month period, it came into contact with 726 people, subject to 1,582 of these kinds of warrants. Eighty-four per cent of these people had four or more criminal convictions, including sexual assault and other serious crimes. This has seriously eroded public confidence in the criminal justice system in the lower mainland of Vancouver.

My bill would make it an indictable offence for a person to leave the province of jurisdiction where he or she knows or has reason to believe that a warrant for his or her arrest has been or will be issued.

The Canadian Association of Chiefs of Police has called for this kind of action, a call that has been supported by provincial justice ministers right across Canada. The chiefs of police in my community of New Westminster and of Port Moody support it but so far it has been totally ignored by the federal government.

I urge the government and my colleagues in this House to help me get this important legislation through the House of Commons and right what is a very serious wrong.

(Motions deemed adopted, bill read the first time and printed)

Topic:   Routine Proceedings
Subtopic:   Criminal Code
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NDP

Dawn Black

New Democratic Party

Ms. Dawn Black (New Westminster—Coquitlam, NDP)

moved for leave to introduce Bill C-316, An Act to amend the Employment Insurance Act (special benefits).

Mr. Speaker, I originally introduced this bill in the previous Parliament when the issue of sickness benefits on the employment insurance benefit program was brought to my attention by a constituent whose name is Natalie Thomas.

Natalie was recovering from breast cancer surgery and was forced to return to work before she had fully recovered because her EI sickness benefits ran out. People who have suffered a serious illness should not be forced to go back to work too early. They should be able to focus on getting well and not have their health compromised by worries over their financial situation.

That is why I am pleased to reintroduce the bill to extend sickness benefits under EI from 15 weeks to 30 weeks.

Natalie Thomas is the kind of woman who all Canadians can respect. Since she had her diagnosis, she has participated in fundraising activities for breast cancer research for support for other people going through cancer. She is a role model for all Canadians.

As my colleagues in the NDP have raised repeatedly, there are many problems with the current EI system but I seek the support of all members of the House for this bill, which would resolve one of them.

(Motions deemed adopted, bill read the first time and printed)

Topic:   Routine Proceedings
Subtopic:   Employment Insurance Act
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NDP

Tony Martin

New Democratic Party

Mr. Tony Martin (Sault Ste. Marie, NDP)

moved for leave to introduce Bill C-317, An Act to amend the Electoral Boundaries Readjustment Act (Northern Ontario).

Mr. Speaker, I am proud to introduce this bill which was previously introduced by the former member for Algoma—Manitoulin—Kapuskasing. I am confident that it has the support of both the Liberals and the New Democrats. All we need is the support of the government party to make this happen.

The government has moved forward to increase the number of seats in Ontario, as it has committed and promised to do. I think I speak on behalf of all of the members from northern Ontario, many of them here this morning, such as the member for Thunder Bay—Superior North, who seconded the bill, as well as the members for Thunder Bay—Atikokan, Sudbury andNickel Belt. This is a very important piece of work and an important message to be sent to the commission that will look at how these new ridings will be developed.

We need to ensure that northern Ontario loses no further its voice in this place. It is really important, given the large geography of northern Ontario and the large population there, made up of many aboriginal communities, that we not lose our voice in this place.

Over the last 10 years we have gone from having 15 seats in the House of Commons to having 9, which is a shame. It really reduces our ability to have an effect in this place and to get the kinds of things we need from government to protect that really important segment of the economy that has served this country so well.

It is my pleasure and privilege this morning to introduce the bill and to ask the members of the House of Commons to move expeditiously to support it and ensure it becomes the order of the day.

(Motions deemed adopted, bill read the first time and printed)

Topic:   Routine Proceedings
Subtopic:   Electoral Boundaries Readjustment Act
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NDP

Tony Martin

New Democratic Party

Mr. Tony Martin (Sault Ste. Marie, NDP)

moved for leave to introduce Bill C-318, An Act to amend the Employment Insurance Act (self-employed artists and authors).

Mr. Speaker, this is another bill whose time has passed and should be in place.

The purpose of the enactment would be to allow self-employed artists and authors to participate in the employment insurance scheme and obtain such advantages as maternity, parental and sickness benefits and access to publicly funded training programs.

This is a group of people who typically earn very little wages and are unemployed, not just periodically, but often in any given year and when they are not employed they need access to training, re-training and upgrading. They also need to look after themselves and their families when they get sick.

Without the artists and authors, how would we capture the story that is Canada, those wonderful pictures, both in books and on canvas that these people put before us that we come to appreciate and which serve us so well.

I think it is time that we as a government moved to protect the well-being, the income and the families of these very important professionals in every one of our communities.

(Motions deemed adopted, bill read the first time and printed)

Topic:   Routine Proceedings
Subtopic:   Employment Insurance Act
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LIB

Jim Karygiannis

Liberal

Hon. Jim Karygiannis (Scarborough—Agincourt, Lib.)

moved for leave to introduce Bill C-319, An Act to amend the Motor Vehicle Safety Act (speed limiters).

Mr. Speaker, I am pleased to re-introduce this legislation and I thank my colleague for Pickering—Scarborough East for seconding the bill.

Each summer we witness carnage on our highways caused by excessive speed. Since first introducing this legislation in the previous Parliament, I have received support from municipalities and police forces from across the country.

This legislation would help save lives by requiring all vehicles manufactured after January 1, 2010, to be equipped with speed limiters so that vehicles cannot travel at more than 150 kilometres per hour.

(Motions deemed adopted, bill read the first time and printed)

Topic:   Routine Proceedings
Subtopic:   Motor Vehicle Safety Act
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LIB

Mauril Bélanger

Liberal

Hon. Mauril Bélanger (Ottawa—Vanier, Lib.)

Mr. Speaker, I once again have the privilege of presenting a petition signed by many citizens from the National Capital Region concerning heavy-truck traffic in the downtown core of the nation's capital. These petitioners are worried that building another bridge would not actually resolve the issue.

The petitioners are calling on the Government of Canada to force the National Capital Commission to conduct an in-depth study regarding a possible bridge linking the Canotek industrial park and the Gatineau Airport, namely, a variation on option number 7 of the first phase of the environmental assessment of the interprovincial crossings. Both the Ontario and Quebec governments support this idea.

Topic:   Routine Proceedings
Subtopic:   Petitions
Sub-subtopic:   Interprovincial Bridge
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LIB

Paul Szabo

Liberal

Mr. Paul Szabo (Mississauga South, Lib.)

Mr. Speaker, pursuant to Standing Order 36 and as certified by the clerk of petitions, I have two petitions to table. The first petition concerns the dangers associated with the misuse of alcohol.

The petitioners from my riding of Mississauga South would like to bring to the attention of the House that the Food and Drugs Act is designed to protect Canadians from potentially harmful effects related to food and drug consumption and that the consumption of alcoholic beverages may cause health problems. Further, that fetal alcohol syndrome and other alcohol-related birth defects are preventable by avoiding the consumption of alcohol during pregnancy and that the consumption of alcoholic beverages may also impair one's ability to operate machinery and automobiles travelling maybe as much as 150 kilometres an hour.

Therefore, the petitioners call upon Parliament to require the labelling of alcoholic beverages to caution expectant mothers and others of the risks associated with alcohol consumption.

Topic:   Routine Proceedings
Subtopic:   Petitions
Sub-subtopic:   Labelling of Alcoholic Beverages
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LIB

Paul Szabo

Liberal

Mr. Paul Szabo (Mississauga South, Lib.)

Mr. Speaker, the second petition has to do with legislation that I have raised in this place on a number of occasions concerning public safety officers, particularly police officers and firefighters.

This petition draws to the attention of the House that police officers and firefighters are required to place their lives at risk in the execution of their duties on a daily basis. It also states that the employment benefits of these public safety officers often provide insufficient compensation to the families of those who are killed while on duty and further, that the public mourns the loss of police officers, firefighters and other public safety officers who lose their lives in the line of duty, and that they wish to support, in a tangible way, the surviving families in their time of need.

Therefore, the petitioners call upon Parliament to establish a fund known as the public safety officers compensation fund for the benefit of families of public safety officers who are killed in the line of duty.

Topic:   Routine Proceedings
Subtopic:   Petitions
Sub-subtopic:   Public Safety Officers
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CPC

Tom Lukiwski

Conservative

Mr. Tom Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons, CPC)

Mr. Speaker, I ask that all questions be allowed to stand.

Topic:   Routine Proceedings
Subtopic:   Questions on the Order Paper
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LIB
?

Some hon. members

Agreed.

Topic:   Routine Proceedings
Subtopic:   Questions on the Order Paper
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LIB

Peter Milliken

Liberal

The Speaker

I am now prepared to rule on the question of privilege raised by the hon. member for Notre-Dame-de-Grâce—Lachine on Wednesday, February 4, concerning the alleged misuse of parliamentary equipment and services by the hon. member for Ahuntsic.

I would like to thank the hon. member for Notre-Dame-De-Grâce—Lachine for raising this important matter, the hon. member for Montmorency—Charlevoix—Haute-Côte-Nord and the hon. Parliamentary Secretary to the Minister of Justice for their contributions and the hon. member for Ahuntsic for her statement.

In raising this question of privilege, the hon. member for Notre-Dame-de-Grâce—Lachine explained that on Monday, February 1, she had received on her House of Commons BlackBerry an email from the member for Ahuntsic, which appeared to have been sent to all members of the House.

According to the hon. member, the email “contained text and images supporting and glorifying three organizations that the federal government has deemed to be terrorist organizations”. In fact, she characterized some of these as constituting anti-Semitic propaganda.

The member argued that the dissemination of this email was a clear misuse of parliamentary equipment and services. Noting that the hon. member for Ahuntsic had indicated that she had not viewed all the images, the hon. member for Notre-Dame-de-Grâce—Lachine argued that it is the duty of every member to ensure that they do not intentionally or unintentionally expose members of the House to this kind of material.

The hon. member for Notre-Dame-De-Grâce—Lachine went on to say that the misuse of parliamentary services in this manner constituted a violation of her privileges as a member of Parliament. In making her arguments, she drew to the Chair’s attention a ruling given on what she believed was a related question of privilege raised by the former member for Saskatoon—Humboldt, Mr. Pankiw, on February 12, 2003 in the House of Commons Debates, pages 3470 and 3471.

For the information of the House, I should say that that ruling concerned a mass email survey originating in the member’s office that had been blocked by various government departments because it disrupted their systems.

I have carefully reviewed the interventions made by all hon. members in this case and it seems to me that the crux of the issue here is whether the actions of the hon. member for Ahuntsic in any way impeded the hon. member for Notre-Dame-De-Grâce—Lachine in the fulfillment of her duties as a member of this House.

House of Commons Procedure and Practice, at page 52, reminds us that “individual Members cannot claim privilege or immunity on matters that are unrelated to their functions in the House.” Thus, unless it can be demonstrated that the actions complained of were closely linked to a parliamentary proceeding, the Chair cannot intervene.

Having reviewed the ruling invoked by the hon. member for Notre-Dame-de-Grâce—Lachine in support of her argument, I have concluded that the ruling focused on the right of the member to seek information in the context of parliamentary proceedings, but I have not found in it the procedural grounds for a finding of prima facie privilege in the case now before us. I did, however, find that at that time I had enjoined all members to heed the guidelines regulating the use of their email accounts.

These guidelines, which I have again consulted, state categorically that members “are responsible for the content of any electronic messages sent using their account”, and that account holders “will not use their network accounts for accessing data or participating in activities which could be classified as obscene, harassing, racist, malicious, fraudulent or libellous”.

As I noted in a ruling involving the Internet given on June 8, 2005, at page 6828 of the Debates, the use of new communication technologies has ramifications that affect members in the performance of their duties. One important consideration members must take into account is that communications via the Internet and email may not be protected by privilege and may expose members to the possibility of legal action for material they disseminate.

It is not, however, the role of the Chair to monitor the contents of emails and other electronic communications that members send and receive, nor is it possible or desirable to do so. That responsibility falls to members themselves.

In rising to address the House on February 5, 2009, the hon. member for Ahuntsic acknowledged that she should have viewed all of the material in the links included in her email before sending it. Having now done so, she admitted that she found the material to be hateful propaganda and condemned it, and she apologized to the House and to all members for having sent the email in the first place. The hon. member for Ahuntsic then stated that she would be more vigilant in future and assured the House that such a lapse on her part would not happen again.

Having reviewed the facts of this case, the Chair cannot find that the privileges of the hon. member for Notre-Dame-de-Grâce—Lachine have in any way been violated by this unfortunate incident, although there is no doubt that she and other members were offended by the material they received.

In addition, by the admission of the hon. member for Ahuntsic, the House of Commons guidelines on the appropriate use of email were not respected in this case. However, in view of the unequivocal apology by the hon. member for Ahuntsic, the Chair believes the matter is now resolved and will consider the matter closed.

I thank the House for its attention to this matter.

Topic:   Routine Proceedings
Subtopic:   Privilege
Sub-subtopic:   Alleged Misuse of Intraparliamentary Internet--Speaker's Ruling
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LIB

Peter Milliken

Liberal

The Speaker

Pursuant to order made on Wednesday, February 11, 2009, the House will, later today, proceed to study and adopt the motion regarding the Supplementary Estimates (B) and pass the supply bill through all stages.

In view of recent practices, do the hon. members agree that the bill be distributed now?

Topic:   Routine Proceedings
Subtopic:   Supplementary Estimates (B), 2008-09
Permalink
?

Some hon. members

Agreed.

Topic:   Routine Proceedings
Subtopic:   Supplementary Estimates (B), 2008-09
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LIB

Peter Milliken

Liberal

The Speaker

The bill is now available for all hon. members.

Topic:   Routine Proceedings
Subtopic:   Supplementary Estimates (B), 2008-09
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The House resumed from February 11 consideration of the motion that Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, be read the second time and referred to a committee, and of the motion that this question be now put.


February 12, 2009