CANADA House of Commons Debates VOLUME 140 Ï NUMBER 100 Ï 1st SESSION Ï 38th PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, May 17, 2005 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 6043 HOUSE OF COMMONS Tuesday, May 17, 2005 The House met at 10 a.m. This act proposes to create mandatory minimum sentences for carrying a concealed weapon and for manslaughter on an unarmed person inflicted with a knife that was previously concealed. Prayers The act mandates a reduction in parole eligibility for both offences and creates a second or subsequent offence for carrying a concealed weapon, as well as including carrying a concealed weapon as an ROUTINE PROCEEDINGS offence within the absolute jurisdiction of a provincial court judge. Ï (1000) The act would also provide direction to sentencing courts with [English] respect to consideration and calculation of pre-trial custody. ORDER IN COUNCIL APPOINTMENTS The act provides direction to the National Parole Board with Hon. Dominic LeBlanc (Parliamentary Secretary to the respect to supplying relevant information to crime victims, asserts Leader of the Government in the House of Commons, Lib.): the obligation of the board to not adjourn conditional release Mr. Speaker, I am pleased to table, in both official languages, a hearings without justification and creates a future conditional release number of orders in council recently made by the government. eligibility consequence for offenders that waive scheduled hearings. *** This bill is for Andy. CANADIAN HUMAN RIGHTS ACT (Motions deemed adopted, bill read the first time and printed) Mr. Bill Siksay (Burnaby—Douglas, NDP) moved for leave to introduce Bill C-392, an act to amend the Canadian Human Rights *** Act (gender identity). STATE IMMUNITY ACT He said: Mr. Speaker, I am proud to introduce this morning a private member's bill that would add protections for transsexual and (Bill C-367. On the Order: Private Members' Business:) transgendered Canadians to the Canadian Human Rights Act by Second reading and reference to the Standing Committee on Justice, Human adding “gender identity or expression” to the list of prohibited Rights, Public Safety and Emergency Preparedness of Bill C-367, an act to amend grounds of discrimination in the act. the State Immunity Act and the Criminal Code (terrorist activity)—The Member for Okanagan—Coquihalla. Members of the trans-community face significant and serious discrimination in Canadian society, notably in the workplace and in Mr. Stockwell Day (Okanagan—Coquihalla, CPC): Mr. the health care system. They suffer harassment and are all too often Speaker, I understand there is agreement among House leaders to subjected to violence and murder. This bill would ensure explicit withdraw this bill, which was initially tabled as Bill C-367, to allow protections for trans-identified Canadians in areas of federal me to introduce the improved version of that. I therefore ask for jurisdiction. unanimous consent to withdraw the bill. (Motions deemed adopted, bill read the first time and printed) The Speaker: Is that agreed? *** Some hon. members: Agreed. Ï (1005) (Order discharged and bill withdrawn) CRIMINAL CODE Mr. Gord Brown (Leeds—Grenville, CPC) moved for leave to *** introduce Bill C-393, an act to amend the Criminal Code and the Corrections and Conditional Release Act. STATE IMMUNITY ACT He said: Mr. Speaker, I present today this private member's bill for Mr. Stockwell Day (Okanagan—Coquihalla, CPC) moved for which members of my constituency and people all across Canada leave to introduce Bill C-394, an act to amend the State Immunity have been asking. Act and the Criminal Code (terrorist activity). 6044 COMMONS DEBATES May 17, 2005 Routine Proceedings He said: Mr. Speaker, I rise today to introduce a bill that is an C is the lesser of $75,000,000 and the taxable capital employed in Canada of the corporation for the taxation year. improvement upon Bill C-367, otherwise known as the victims of terror compensation bill. (3) for the purpose of subsection (2), the taxable capital employed in Canada of a corporation for a particular taxation year is Like Bill C-367, this bill would remove the immunity for states (a) if the corporation is associated with one or more corporations in the particular that have been able to hide behind that immunity, states that sponsor taxation year, the total of all amounts each of which is the taxable capital terrorism, by amending the State Immunity Act, that would allow employed in Canada (within the meaning assigned by subsections 181.2(1) or 181.3(1) or 181.4, as the case may be) of the corporation, or of such an associated victims of terrorism to civilly sue the perpetrators of terrorist acts by corporation, for its last taxation year that ended in the calendar year preceding the amending the Criminal Code. calendar year in which the particular taxation year ends; and (b) if the corporation is not associated with one or more other corporations in the The bill I am introducing today makes the following important particular taxation year, the taxable capital employed in Canada (within the additions. First, the limitation period with respect to these offences meaning assigned by subsections 181.2(1) or 181.3(1) or 181.4, as the case may would not run while a victim is incapable of commencing a be) of the corporation of the particular taxation year. proceeding due to physical, mental or psychological condition or is That Clause 10 be amended by deleting lines 9 to 36 on page 7 and lines 1 to 7 on unaware of the identity of those responsible. page 8; and Second, any court of competent jurisdiction shall give full faith Clause 11 be amended by deleting lines 8 to 29 on page 8. and credit to a judgment of any foreign court in favour of a person That Bill C-43 be reported back to the House as amended, concurred in at the who has suffered loss or damage from terrorist activity which is report stage, read a third time and passed. prohibited under the Criminal Code. The Speaker: At least the question before the House is very clear. Is there unanimous consent for the hon. member to propose this I thank all those who have contributed to this particular bill, which motion? will assist Canadians who in any way are hurt by terrorist activity. (Motions deemed adopted, bill read the first time and printed) Some hon. members: Agreed. *** Some hon. members: No. BILL C-48 *** Ms. Judy Wasylycia-Leis (Winnipeg North, NDP): Mr. Speak- er, I would seek the unanimous consent of the House to move the PETITIONS following motion: MARRIAGE That Bill C-48, an act to authorize the Minister of Finance to make certain payments, be deemed to have been read a second time, referred to committee of the Mr. Stockwell Day (Okanagan—Coquihalla, CPC): Mr. whole, reported without amendment, concurred in at report stage, read a third time Speaker, I have a number of petitions. The first is from several and passed. hundred parishioners of Our Lady of Lourdes Catholic Church in The Speaker: Does hon. member for Winnipeg North have the Westbank stating that the institution of marriage is between a man unanimous consent of the House to propose this motion? and a woman reflecting on the constitutional legal challenge and ask that it remain defined as the union of one man and one woman to the Some hon. members: Agreed. exclusion of all others. Some hon. members: No. The petitioners from Penticton and Peachland are making the *** same request. Ï (1010) I have another petition from several hundred individuals from BILL C-43 different parts of British Columbia and Alberta who are also asking Ms. Judy Wasylycia-Leis (Winnipeg North, NDP): Mr. Speak- that marriage be continued to be defined as between a man and a er, once again I ask for unanimous consent for the following motion: woman. The only difference in this petition is that they are asking that Parliament use all possible legislative and administrative That Bill C-43, an act to implement certain provisions of the budget tabled in Parliament on February 23, 2005, be deemed to have been read a second time, measures, including invoking section 33 of the charter, the referred to committee of the whole, amended at committee of the whole so that: notwithstanding clause, if necessary to preserve and protect the current definition of marriage. clause 9 be amended by replacing lines 2 to 8 on page 7 with the following: for a taxation year is (a) if the taxable capital employed in Canada of the corporation AMBASSADOR TO UNESCO for the taxation year is equal to or less than $50,000,000, that the proportion of 4% that the number of days in the taxation year that are before 2008 is of the Mr. Stockwell Day (Okanagan—Coquihalla, CPC): Mr. number of days in the taxation year; and Speaker, the final petition of several hundred people ask that the (b) if paragraph (a) does not apply, the percentage determined by the formula A + B [(C - $50,000,000)/$25,000,000] appointment of Yvon Charbonneau as Canada's Ambassador to Where UNESCO be rescinded because he has expressed, in their view, anti- A is the proportion of 4%, that the number of days in the taxation year that are Semitic, anti-Israel and anti-American views. They ask that this before 2008 is of the number of days in the taxation year; appointment be rescinded so it cannot be seen as reflecting the B is that proportion of 4% that the number of days in the taxation year that are policies of the Government of Canada in terms of being anti-Semitic, after 2007 is of the number of days in the taxation year; and anti-Israel or anti-American.