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CANADA House of Commons Debates VOLUME 138 Ï NUMBER 090 Ï 2nd SESSION Ï 37th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, April 28, 2003 Part A Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 5419 HOUSE OF COMMONS Monday, April 28, 2003 The House met at 11 a.m. did not bet past second reading, which took place on February 4 this year. My motion, M-392, today is in the same vein. It reads: Prayers That, in the opinion of this House, the government should add “social condition” to the prohibited grounds of discrimination in the Canadian Human Rights Act. PRIVATE MEMBERS' BUSINESS Canada has always been a world leader in the promotion and protection of human rights. A Canadian was one of the architects of Ï (1105) the Universal Declaration of Human Rights, often called the “Magna [Translation] Carta of the World”. SOCIAL CONDITION This declaration includes the right to social security and to Mr. Serge Cardin (Sherbrooke, BQ) moved: realization of the economic, social and cultural rights indispensable for an individual's dignity and the free development of the That, in the opinion of this House, the government should add “social condition” individual's personality. to the prohibited grounds of discrimination in the Canadian Human Rights Act. He said: Mr. Speaker, allow me first to thank the House for this Also in 1976, Canada ratified the International Covenant on opportunity to introduce this motion. I will again be expressing my International and Civil Rights, the most comprehensive international thanks when it is passed, I promise. document on social and economic rights. By way of introduction, I would point out that the 1997 Canadian But Canada is not respecting its international obligations and has Human Rights Commission report stressed the lack of protection for failed to fully implement its international commitments to promote the poor provided by the federal law. It makes no mention and protect social and economic rights. whatsoever of poverty, and social situation is not among the prohibited grounds of discrimination. More and more Canadians and Quebeckers live in poverty. The A number of bills have been introduced in order to get social Quebec Charter of Rights and Freedoms prohibits discrimination situation included in the prohibited grounds for discrimination. On based on “social condition”. Interestingly enough, Quebec recently December 10, 1997, Senator Cohen introduced Bill S-11, an act to passed legislation to fight poverty and social exclusion. In amend the Canadian Human Rights Act, in order to add “social December 2002, the National Assembly passed Bill 112. condition” as a prohibited ground of discrimination. The bill was intended to amend sections 2 and 3(1) of the act, adding “social Article 2 of Bill 112 defines poverty as follows: condition” but not defining the expression. —the condition of a human being who is deprived of the resources, means, choices and power necessaryto acquire and maintain economic self-sufficiency or On April 13, 1999, my Bloc Quebecois colleague, the hon. to facilitate integrationand participation in society. member for Hochelaga—Maisonneuve, introduced Bill C-491, the anti-poverty bill, which proposed to add social condition as a Women, especially single parents, but also young families, prohibited ground of discrimination under the Canadian Human children, seniors living in isolation, visible minorities and first Rights Act; to prohibit financial institutions from refusing to provide nations are particularly affected by such poverty. There are financial services on the basis of inadequate income; and to ask the considerable immediate and long-term costs associated with this Canadian Human Rights Commission to prepare a report annually on poverty for Quebec society as a whole. poverty in Canada. This bill died on the Order Paper in September 1999. On October 17, 2000, during the World March of Women to combat poverty and violence against women, the Quebec Commis- In March 2001, the member for Hochelaga—Maisonneuve was sion des droits de la personne et des droits de la jeunesse noted that, back again with Bill C-326, which was identical to the former C-491. despite difficulties or variations in measuring poverty, it has Recently my colleague introduced Bill C-228 on the same subject, remained an important phenomenon that affects a large number of the battle against poverty and social exclusion. Not being votable, it individuals and households in Quebec. 5420 COMMONS DEBATES April 28, 2003 Private Members' Business Ï (1110) In order to avoid having the telephone cut off, people will accept heavy repayment schedules over just a few months, to comply with The National Council of Welfare, in a document published in July Bell's very strict requirements, but this leads to other problems. For 2002, entitled Poverty Profile 1999, indicated that even though example, they will delay paying their rent or other monthly bills, Canada's gross domestic product increased by almost 5% in fiscal such as electricity, to try to make ends meet. During this time, their 1998-99, income disparity between Canadians increased or stayed credit rating takes a beating and they never get out of the vicious the same as in the 1990s. Even though poverty rates dipped slightly circle. Today, the telephone is an essential service. between 1997 and 1999, they remained higher than rates prior to the 1991 and 1992 recession. When it comes to families on social assistance, the situation is But let us return to banking. For a number of years, the financial even worse. In its Welfare Incomes 2002 report, published April 10, institutions have been denounced by consumers associations in 2003, the council noted that there was a considerable gap between Quebec. It seems that the banks and caisses populaires are choosing the poverty line and welfare income, which remained practically their clients or members more and more selectively. Even though unchanged in 2002. they have agreed to change some of their practices, it appears that they still refuse access to basic services to a large number of According to the document, people on social assistance receive as consumers. little as one fifth of the amount that is equal to the poverty line. What is worse is that because social assistance income is not indexed to inflation, recipients have become poorer than ever before. Ï (1115) Despite a steady increase in poverty in Canada and Quebec, the courts are hesitant when it comes to recognizing social and economic For more than 10 years, Quebec consumer associations have been rights under the Canadian Charter of Rights and Freedoms. speaking out against the financial institutions, which have been Recognizing social and economic rights would mean that banks trying to get rid of what they consider to be a non-profitable client could no longer refuse to open a bank account because of a poor segment by increasing the obstacles to opening a bank account or credit record, for example. cashing a cheque, using as their pretext bad credit, the need of an In 1998, the National Council of Welfare prepared a comprehen- appointment, which is never immediate, freezing deposits for 10 sive report on banking services and poor people. The report states days and so on. that Canadian banks and financial institutions do not adequately meet the needs of low income people. The council recommended that one of the first issues that banks and other financial institutions People without bank accounts cannot cash pay cheques or deal with is that of identification required by poor people to open a government cheques, nor make use of direct deposit. They cannot bank account or cash a cheque. make rent or other payments by cheque or automatic withdrawal, nor can they use a debit card. As a result, these people who have no The fact that many banks today continue to close branch offices accounts are condemned by the banks to a still more marginal for the sake of efficiency, especially in low income communities, is existence. A bank account is a right. definitive proof that they care little about providing services to the poor. The amazing number of fringe banks popping up in disadvantaged neighbourhoods is more proof. These companies provide a variety of financial services including loans, cheque In September 1998, the Task Force on the Future of the Canadian cashing and money orders, with high fees for low income people or Financial Services Sector tabled, in the House of Commons' people in precarious situations who do not have access to a bank in Standing Committee on Finance, what was to become known as their neighbourhood or who have little experience with banks. the fabled MacKay report, which addressed in large part the excessive requirement for ID It also addressed the matter of putting In addition, bank service charges may create considerable personal holds on government cheques and basic service packages. indebtedness and cause social and psychological stress in the lives of the poor. Poor people, it seems, face similar problems in the area of communications. At the time, the Standing Committee on Finance agreed with these recommendations and recommended that the government immedi- Before I continue speaking about the banking issues that most of ately implement the MacKay report, namely recommendations 88 to the complaints refer to, I would like to make a small digression and 92, all of which addressed the difficulty in accessing financial give examples of telecommunications problems. services and aimed to ensure that such services were provided at Some people have had trouble with Bell Canada. For seniors reasonable rates and under reasonable conditions.

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