- Member of Parliament
- Member of Parliament
- Conservative
- Simcoe North
- Ontario
- Voting Attendance: 68%
- Expenses Last Quarter: $121,028.17
- Government Page
Madam Speaker, it is a pleasure to be here again with you today to talk about a very important issue.
I want to thank all members who participated in this debate, whether they agree with this piece of legislation or not, but in particular my friends from the Bloc, who spoke in favour of this piece of legislation, which I think is very important.
I would like to touch on a few things for members to reflect on.
The NDP position is that the bill is somehow not worthy of being supported because it was not a specific recommendation of the Cullen commission. The Cullen commission went to great lengths to make sure everybody knew that it did not have the resources or the ability to make recommendations with respect to federal jurisdiction.
I did my homework. I spoke to members of the Cullen commission and asked them if a bill like this would make it easier for law enforcement. The answer was yes. Therefore, I would ask the members of the NDP not to take my word for it, but to spend next week, especially those from British Columbia, asking NDP MLAs in British Columbia if they support this piece of legislation. All I ask for is a fair hearing on that point, because the Premier of British Columbia said that it is a “shocking” example of the shortfalls of federal financial crime law that money launderers cannot be prosecuted and convicted in British Columbia. That is the issue.
These cases are incredibly complex. In the United States, people are convicted for lying to the authorities or committing perjury more often than they are for the actual offence for which they are being investigated.
With respect to the position of the government, and I understand the government should meet any changes to the Criminal Code with high scrutiny, it refers to the offences of uttering and fraud, which do not carry a very significant penalty. The provision I am putting forward is one with up to 10 years in prison and up to a million dollars in fines. It is a hybrid offence. Members do not need to worry because there are no mandatory minimums in this Criminal Code provision.
The government also mentioned the laundering of proceeds of crime. I would say this. The example we just had in B.C. is the reason why we need simpler Criminal Code provisions to catch, prosecute and convict money launderers. These cases take multiple years and often yield absolutely no results.
I would like to quote Kevin Comeau of the C.D. Howe Institute, who stated:
That lack of legal accountability in our anti-money-laundering system weakens the quality of information received from clients, places our financial, commercial, and real estate markets at greater risk of money laundering, and undermines the ability of law enforcement agencies to investigate money laundering and terrorist financing.
The federal government can reduce these risks by enacting legislation attaching sanctions to false reports of beneficial ownership made to persons who are legally required to collect that information.
The government is going to release beneficial ownership legislation, and this is what is going to be in it: There is going to be an administrative penalty that money launderers will view as the cost of doing business and a tax. It will not be a serious penalty, and money launderers are going to continue to view Canada as a safe haven to do their dirty business.
Therefore, I would ask and implore all members in this House to reflect on some of these comments, and I would ask NDP members in particular to go to British Columbia and ask their provincial counterparts if they support this legislation.
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Madam Speaker, yes, that is most certainly the case. This bill would not do that, but it is something we must work on together, and it is a simple rule that we could implement. I look forward to working with all members of the House on simple measures like that.
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Madam Speaker, if I had the benefit of being in government and significant legislative resources to bring forward additional measures, I most certainly would have done so, but the truth is there actually is not an administrative penalty for it right now. The beneficial ownership registry does not exist today, so this is a criminal penalty for those who lie about their identity or the corporate ownership structure of the name under which they are opening an account.
We need a serious penalty for a serious crime, and it needs to be criminal and not administrative. That is what we will see in the beneficial ownership registry. We need a criminal penalty for this, and we must take a step to say no to global criminals.
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Madam Speaker, the hon. member is right. On many things we may disagree, but on this one we agree. It is important that the global community work together to combat money laundering. Unfortunately, in the last number of years, Canada has not kept up pace with other jurisdictions that have enacted more serious penalties and crimes and other regimes. I referenced the U.K. in my speech about unexplained wealth orders. There are a number of steps we could take. This is but one small step, and many other countries have done much more.
I am hoping this is a positive first step that will support the government's objectives, including the beneficial ownership, which many other countries already have and Canada still does not have. Yes, we need to coordinate globally, but this is a small step forward that I believe gets us to a better place.
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moved that Bill C-289, An Act to amend the Criminal Code (identity verification), be read the second time and referred to a committee.
He said: Madam Speaker, it is a pleasure to stand here this evening with my fellow colleagues to talk about a very important issue, which is money laundering, and to discuss a simple private member's bill to amend the Criminal Code to make it easier for authorities to prosecute and convict money launderers.
This bill is a simple addition, an amendment to the Criminal Code, to make it a criminal offence to provide false or misleading statements to a reporting entity about the identity of the account holder or the corporate structure and beneficial ownership of the ultimate account holder. Money launderers often lie about their identity or the ownership structure of the account holder. It is a simple lie that has significant impacts on Canada. This is because money laundering can impact every community across Canada.
The bill comes with penalties of up to 10 years in jail, a $1-million fine or both. It should no longer be free to wash money in Canada. These crimes, these simple lies, deserve significant consequences. The secret is that Canada has a far lower rate of prosecution and conviction for white collar and financial crimes when compared to other like countries across the world.
The Cullen commission, which was a British Columbia inquiry into money laundering, recently released its report in May of this year. It details significant concerns with and gaps in money laundering laws and has exposed the significant challenges Canadian authorities, our police and prosecutors, have in convicting money launderers. The commission heard stories of people going into casinos with hockey bags full of $20 bills as dirty money, and that money coming out washed and clean. This must stop.
These are the proceeds of crime in our communities. These are the proceeds of drug trafficking for substances such as fentanyl. They are the proceeds of human trafficking and of political corruption. When we look at what is happening across the globe from a geopolitical perspective, Russia's illegal war and invasion of Ukraine, and the political corruption and kleptocracy that goes on in some regimes, we know some of that money ends up here in Canada.
What we want to do, and what this bill proposes, is to make it easier for authorities to convict money launderers of this crime. We care about money laundering, of course, because it enables crime. We also care about it because it is expected that about $100 billion every year ends up being laundered in Canada, and much of it ends up in our real estate all across the country, which increases the demand for housing. When we increase the demand for something, we also increase the price.
Of course, the significant rise in housing prices is not related solely to money laundering. That is not what I am claiming here tonight, but it certainly does not help the situation. This increased real estate activity and demand for real estate in our major urban centres spills over into some smaller communities. As people are pushed out of major urban cores, they end up in beautiful rural parts of this country, just like Simcoe North.
In fact, the Bank of Montreal earlier this year singled out Orillia, which is in Simcoe North, as having a 300% increase in real estate prices for the average home over six years. That is a very difficult price increase to manage for local residents. It has been a challenge for renters and those trying to find housing in cities such as Orillia all across this country.
Our country has become a playground for global criminals to wash their dirty cash. Canada is even being promoted by criminals around the world as a safe haven for the proceeds of crime. That puts Canada on the map for all of the wrong reasons. The rest of the world has introduced some more stringent and stricter laws than Canada when it comes to money laundering, and that is why criminals are finding their way to Canada.
As the holes in the dike get plugged across the rest of the world, criminals will move their money to the jurisdictions with the weaker laws. Unfortunately, right now that happens to be Canada. At one point, we actually did lead the world with some laws pertaining to financial crimes, but we have unfortunately fallen behind, which means it puts us on the map for these criminals as a safe place to come and wash their money.
What can we do? These are complex, transnational organizations with links to organized crimes and corrupt political regimes. How do we make sure that they cannot use our lax systems to launder their money?
In a recent C.D. Howe intelligence memo, expert Kevin Comeau acknowledged the challenge with Canada's current laws. He wrote, “Under our present anti-money-laundering rules, financial institutions and designated non-financial businesses...are legally required to collect and verify the identity information of their clients.” Clients who provide false beneficial ownership information are often not caught when they lie about these representations. He also says, “The federal government can reduce these risks by enacting legislation attaching sanctions to false reports of beneficial ownership”. We need to give authorities the tools to make it easier to catch these criminals.
As a rookie MP, I wanted to bring forward an idea that I thought might have cross-partisan support. Money laundering, I am sure, will not have many people stand up in this House and advocate that we need to keep our laws weak. Money laundering affects us all. It is not a partisan issue, but it is one that we can all work together on.
The government, to its credit, has signalled progress on money laundering. It has actually moved up its commitment to introduce a beneficial ownership registry. That is very important. The original date was 2025. It moved that up and it is supposed to be enacted by the end of this year.
I must say that this beneficial ownership legislation is very important, but I am underlining that the beneficial ownership registry must be publicly available and it must be free of charge. It does not appear that this will initially be the case, but I hope that the government can keep this commitment. As many people in the House know and say, sunlight is, in fact, the best disinfectant.
This private member's bill, Bill C-289, is proposed to be complementary to beneficial ownership legislation, but it also stands alone. If, for some reason, the beneficial ownership legislation is delayed, or, for whatever reason, it is not brought forward and enacted this year, this private member's bill will be another tool for authorities to use to combat money laundering activity.
Additionally, penalties for lying about beneficial ownership or identity and money laundering activity should be met with criminal and not administrative penalties. We need criminal penalties for people who lie about the ownership structures of their accounts because of the harm that it does to society. These penalties must have teeth. Weak punishments will only be seen as a cost of doing business. That is how these money launderers, these sophisticated criminals, view weak punishments.
Do not take my work for it. Here are some thoughts of well-known stakeholders. Christian Leuprecht of the Macdonald Laurier Institute, a senior fellow, says, “After decades of turning a blind-eye, the proposed amendment to the Criminal Code is one of many steps Canada needs to show that it is actually serious about containing global financial crime.” James Cohen at Transparency International Canada says, “We are pleased to see the proposal of this bill that fits in with increasing attention and efforts in Canada to fight money laundering...a crucial tool in closing one of the many gaps that have been exploited by kleptocrats, tax cheats and their enablers.” Other supporters of this bill who have come forward include Publish What You Pay and Canadians for Tax Fairness.
I commit to working with members of all parties in the House on this bill. I am hoping to hear their constructive feedback. I do not quite care who gets the credit if we make significant progress affecting money launderers. I want to work with members of the House and the Senate to close other loopholes that money launderers rely on.
Some of the ideas that I plan to advance in the House also include a national commission on money laundering. I think it is important to follow the B.C. commission and bring forward a time-limited study with some concrete measures that the government can enact quickly in order to combat money laundering. There was enough evidence presented in the Cullen commission in B.C. that should give all of our legislators here in the House some cause for concern, and we must turn our mind to that on the national stage.
Additionally, the U.K. has brought in something called unexplained wealth orders, which I believe we should be considering here in the House. It would allow authorities to recover the proceeds of crime and identify assets that are purchased by criminals.
As well, there is a very simple change we could make to the Privacy Act where financial institutions could share information between themselves and the RCMP so that individuals who are identified as laundering large sums of cash cannot just walk across the street to another financial institution and continue their activity. These institutions often have significant data and intelligence on individuals or organizations who launder money. We need to make it easier for the institutions to speak to each other so that these criminals have a harder time getting access to financial products and accounts that allow them to launder their money.
In the few minutes left, I would like to thank some people.
I thank the parliamentary drafters. I think I scared them initially with some of my ideas, but we narrowed it very well. Ms. Lemaire did a fantastic job working with me and had a lot of patience with me as a rookie MP about the ideas, and I believe we landed at a great spot, an elegant spot.
I thank James Cohen from Transparency International Canada and Sasha Caldera from Publish What You Pay Canada. These individuals were with me at the very beginning talking about some ideas that we could bring forward to close money-laundering loopholes.
I thank Troy Cochrane from Canadians For Tax Fairness. Sam Cooper has been a relentless advocate on the money-laundering file for years. He was talking and writing about money laundering and uncovering financial crime. He is still doing that. He has written a book called Wilful Blindness, which I think all members of the House should consult. It gives us a small lens into a very dark world of money laundering.
I thank the Macdonald–Laurier Institute, which I mentioned earlier, as well as Kevin Comeau and others at the C.D. Howe Institute, Christian Leuprecht, whom I mentioned, Garry Clement, Jason Wadden, Tim Hyde, senators from all parties, frankly, and finally, my former director of parliamentary affairs, Ryan Ouderkirk, who is no longer in my office but left to pursue a legal education at my alma mater, Western University. He will make a fantastic lawyer. His help was instrumental in getting us to this place today. I want to thank him very much.
I thank the hon. member for Abbotsford for seconding this bill and speaking with me at length about it. I very much appreciate the veteran parliamentarian for imparting some wisdom to a rookie, and not just for his help on this bill but in general. I have been very lucky to have him as a mentor.
I will close by saying that I look forward to constructive feedback on this bill and a commitment from all members in the House to take a simple yet necessary step to close a loophole to combat money laundering. Today is the day when we can say no to global criminals who see Canada as a safe haven to launder their dirty cash.
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moved for leave to introduce Bill C-289, An Act to amend the Criminal Code (identity verification).
He said: Madam Speaker, Canada has a money-laundering problem. Experts say it is a $100-billion-a-year industry. This money is fuelling crime across this country and contributing to the increasing cost of real estate by increasing the demand for houses across Canada. International criminals have flocked to Canada because of our weak laws. The Cullen commission report, released just yesterday, is an indictment of Canada’s anti-money laundering regime.
This bill proposes to amend the Criminal Code to give authorities more tools to catch and convict criminals and deter money-laundering activity. This legislation has support from third parties, including Transparency International Canada, Publish What You Pay and the Macdonald-Laurier Institute, and it also addresses a problem identified by the C.D. Howe Institute in a recent memo.
We need to make life more difficult for money launderers and change Canada’s reputation. I am open to amendments and look forward to working with members of all parties and the Senate to pass this bill and other legislation to fight money laundering.
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