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CANADA House of Commons Debates VOLUME 142 Ï NUMBER 035 Ï 2nd SESSION Ï 39th PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, December 11, 2007 (Part A) Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1981 HOUSE OF COMMONS Tuesday, December 11, 2007 The House met at 10 a.m. He said: Mr. Speaker, I am pleased to table, seconded by the member for Vancouver East, a private member's bill entitled “An Act to eliminate racial and religious profiling”. Prayers The bill seeks to ban racial and religious profiling by federal law enforcement agencies and officials. I and my NDP colleagues have been very moved and often angered by the experiences of racial and religious profiling shared with us by constituents and other ROUTINE PROCEEDINGS Canadians. Ï (1005) The impact of this practice has been serious and costly to those [English] who have been its victims, and to our society. Such actions by law enforcement officers and agencies are based solely on false COMMISSION OF INQUIRY INTO THE INVESTIGATION stereotypes. It is not good public policy nor is it good law OF THE BOMBING OF AIR INDIA FLIGHT 182 enforcement practice, plain and simple. Hon. Stockwell Day (Minister of Public Safety, CPC): Mr. This is an updated version of a bill introduced by the member for Speaker, pursuant to Standing Order 32(2), I am pleased to table, in Vancouver East in the last Parliament. It defines racial and religious both official languages, the first report of the Commission of Inquiry profiling as an action undertaken for reasons of safety, security or into the Investigation of the Bombing of Air India Flight 182. It is public protection that relies on stereotypes about race, colour, entitled “The Families Remember”. ethnicity, ancestry, religion or place of origin, rather than on The stories here speak for themselves. They are a compelling reasonable suspicion to single out an individual for greater scrutiny testimony to the profound sense of loss and grief that families did or different treatment. experience, and continue to experience. The bombing of Air India The bill would require the RCMP, customs, immigration, airport flight 182 was a terrible tragedy, the worst act of terror in Canadian screening officers, and CSIS agents to eliminate racial and religious history, and a reminder that we are not immune from terrorism. profiling. Those agencies would report to Parliament on their The Government of Canada launched the inquiry in order to progress. They would also required to have a working analysis of provide answers to still unresolved questions that remain. We hope how racism functions in their law enforcement context. Victims of there will be a measure of closure for those who continue to grieve racial or religious profiling would have access to the Federal Court to for the loss of their loved ones on that awful day in June of 1985. seek relief or remedy. (Motions deemed adopted, bill read the first time and printed) *** *** CANADIAN NUCLEAR SAFETY COMMISSION Hon. Loyola Hearn (Minister of Fisheries and Oceans, CPC): CRIMINAL CODE Mr. Speaker, pursuant to subsection 19(3) of the Nuclear Safety and Mr. Bill Siksay (Burnaby—Douglas, NDP) moved for leave to Control Act, I have the honour to table, in both official languages, a introduce Bill C-494, An Act to amend the Criminal Code (gender copy of the directives to the Canadian Nuclear Safety Commission identity and gender expression). regarding the health of Canadians. He said: Mr. Speaker, I am pleased to table, also seconded by the *** member for Vancouver East, a private member's bill entitled “An Act ELIMINATION OF RACIAL AND RELIGIOUS PROFILING to amend the Criminal Code (gender identity and gender expres- ACT sion)”. Mr. Bill Siksay (Burnaby—Douglas, NDP) moved for leave to The bill would add gender identity and gender expression as introduce Bill C-493, An Act to eliminate racial and religious distinguishing characteristics protected under hate propaganda profiling. section 318 of the Criminal Code. 1982 COMMONS DEBATES December 11, 2007 Routine Proceedings The bill would also add gender identity and expression as Given a number of factors that have arisen over the last couple of aggravating factors to be considered at the time of sentencing of an months, it is timely that we are talking about post-secondary offender under section 718.2 of the Criminal Code. education once again in the House. We have had a number of opportunities to do so over the last several months. Transgender and transsexual people are regularly victims of abuse and harassment, and physical violence. The bill would ensure that The reason it is so important right now is because the House transphobic violence against transgender and transsexual people is prorogued, and subsequently we had the throne speech and the clearly identified as a hate crime by addressing the lack of explicit economic statement. Certainly, some of the recommendations that protection for transsexual and transgender people under the current were in the report were not addressed in either the throne speech or hate provisions of the Criminal Code. the economic statement. It would seem important that we are once It would also allow judges to take into account whether crimes again talking about post-secondary education. committed were motivated by hatred of transgender or transsexual people when they are determining the sentence of an offender. I want to touch on a couple of the recommendations that were in the report. I will not go over every recommendation, but one of them Including gender identity and expression in the hate provisions dealt with student funding. It said that the committee recommends and the sentencing provisions in the Criminal Code would send a that the 2% annual cap on spending increases for the department for strong signal that violence targeting people for their gender identity post-secondary education be eliminated immediately. or expression will not be tolerated in Canada. (Motions deemed adopted, bill read the first time and printed) Of course, the 2% cap was imposed under the Liberal watch and has stayed in place every since. Over 10 years, the 2% has been in *** place. Certainly, from the reports of the Auditor General and others, [Translation] it has become apparent that the population growth of first nations, Métis and Inuit people far exceeds the 2% cap that is in place. INGRID BETANCOURT Ms. Caroline St-Hilaire (Longueuil—Pierre-Boucher, BQ): The government's response, although lengthy, really did not have Mr. Speaker, I seek the unanimous consent of this House to adopt the a lot of substance. Part of that response was that the government also following motion: believes that the responsibility for financing post-secondary educa- That the House of Commons call on Manuel Marulanda, Leader of the tion should be shared by learners and their families according to their Revolutionary Armed Forces of Columbia, to show compassion and immediately financial circumstances. release Ingrid Betancourt in light of her critical state of health and the extreme despair in which she finds herself; and that the House declare its solidarity with all of the hostages detained in Columbia and its support for a humanitarian solution that The important part in that line is “according to their financial will allow them to be released as soon as possible. circumstances”, and certainly on reserve, many first nations face The Speaker: Does the hon. member for Longueuil—Pierre- pretty desperate circumstances in their lives in terms of their income. Boucher have the unanimous consent of the House to move this motion? On a recent campaign 2000 report, it once against emphasized that first nations in this country are the poorest of the poor. That would be Some hon. members: Agreed. first nations, Métis and Inuit. The numbers say that one in four first The Speaker: The House has heard the motion. Is it the pleasure nations children grows up in poverty and as I said before in the of the House to adopt the motion? House, we do not have poor children unless we have poor families. Some hon. members: Agreed. Further on in the report under committee proposals, the committee (Motion agreed to) made a number of proposals for the government. One of them was to ensure outstanding funding and accreditation issues affecting *** aboriginal controlled institutions would be raised in any intergovern- [English] mental meetings on aboriginal post-secondary education, or on post- secondary education more generally, and urged provincial and COMMITTEES OF THE HOUSE territorial governments to address them. ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT In the response to that recommendation, it says: Ms. Jean Crowder (Nanaimo—Cowichan, NDP): Mr. Speaker, I move that the first report of the Standing Committee on Aboriginal The primary responsibility for most aspects of the issue, however, resides clearly Affairs and Northern Development presented on Monday, December with the provinces. To the extent there is a federal concern in a particular area, it 3, 2007, be concurred in. needs to be addressed by federal and provincial governments working together. I am pleased to stand in the House to speak to the motion for We certainly would agree that much of post-secondary accredita- concurrence on the report of the Standing Committee on Aboriginal tion does fall under provincial jurisdiction, but it is incumbent upon Affairs and Northern Development entitled “No Higher Priority: the federal government to take full responsibility for first nations, Aboriginal Post-Secondary Education in Canada”. This report was Inuit and Métis across this country in terms of their access to post- originally developed in February 2007 and the government secondary education, so one would look for leadership from the subsequently responded on June 12, 2007.