- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Rivière-du-Nord
- Quebec
- Voting Attendance: 68%
- Expenses Last Quarter: $105,330.31
- Government Page
Madam Speaker, Bill C‑291 is a bill that could, in other circumstances, be described as practically useless. It only changes some words. Changing the title of a bill and the name of a crime in the Criminal Code may seem rather inconsequential.
In this case, there is absolutely nothing inconsequential about it. In this case, we are talking about holding criminals responsible for their actions.
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Madam Speaker, I am pleased to rise this evening to speak to Bill C‑289, which was introduced by the Conservative member for Simcoe North.
I will start by saying that the Bloc Québécois is in favour of Bill C‑289, which will amend the Criminal Code to make it an offence to give false or misleading information to a financial institution requesting that information in accordance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Right now, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act asks financial institutions to verify their clients' true identity and the source of funds under certain circumstances. Financial institutions must also report transactions they deem suspicious to the government, so the Financial Transactions and Reports Analysis Centre of Canada, or FINTRAC, can carry out the necessary verifications, prevent laundering of the proceeds of illegal activities and prevent such funds from being used to finance illegal activities, such as terrorism.
The problem is that we know from experience that there is a serious lack of rigour and very little vigilance, at all levels, in the tracking of dirty money. If a bank's client makes a false statement, it is very likely that they will get away with it. There is minimal verification. Since the act of intentionally making a false or incomplete statement is not criminally sanctioned at present, this client has every chance of falling through the cracks. This leaves FINTRAC with incomplete information, and its work becomes less effective. This is how the chain of negligence results in dirty money being laundered in the real economy.
This is a flaw that Bill C-289 will correct. It will not fix everything, of course, but it is another step in the right direction to better uncover money laundering activities.
In May 2022, the Consulate General of Italy in Montreal organized an event to mark the 30th anniversary of “operation clean hands”, a vast anti-mafia and anti-money laundering operation during which, let us not forget, two judges were murdered. Retired Italian judge Roberto Scarpinato came to Montreal to give us a warning. He told us that Canada had become a paradise for the mafia and money laundering and that we as a society had to do something. He encouraged us to develop what he called “antibodies”, to stop being naive, to be more vigilant and not be afraid to enforce our laws to the fullest extent, because money laundering is a scourge in Canada and in Quebec.
According to Transparency International, the amount of money laundered annually in Canada could be between $43 billion and $113 billion. This means that up to $113 billion a year in proceeds of crime, from both here and abroad, is being reintroduced into our economy, allowing criminals to reap the benefits of their crime with impunity and causing economic distortions, such as skyrocketing real estate prices.
British Columbia launched a commission of inquiry into money laundering, the Cullen commission. The Cullen commission may be the most comprehensive effort ever made to understand the phenomenon of money laundering in Canada, its effects, its causes and the best ways to prevent it in future. It submitted its report in June after more than two years of work and hundreds of witness testimonies. The report points the finger at the RCMP and FINTRAC for not taking money laundering seriously enough. It excoriates the banks for looking the other way. In fact, it accuses pretty much everyone of negligence. It also provides examples of what money laundering looks like.
Take the case of Runkai Chen, a Chinese immigrant who arrived in Vancouver in 2006. While reporting an income of about $40,000 a year, he built a real estate empire worth tens of millions of dollars. Mr. Chen was a front man tasked with laundering in Canada the proceeds of corruption in China. He regularly received large transfers from foreign numbered bank accounts and reinvested the money in Canadian real estate.
He made false statements to financial institutions here that, unfortunately, were no longer asking the questions they were supposed to ask. Not one major Canadian bank raised a red flag, not RBC, not CIBC, not the Bank of Montreal. In the end, it was a foreign financial institution that alerted FINTRAC and led to his downfall. That is the type of across-the-board negligence that Judge Scarpinato was referring to when he spoke about the need to develop “antibodies”.
We actually already have a lot of the legal arsenal needed to deal with this problem. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is a powerful tool. Banks are required to verify the identity of their clients and where the money is coming from. They have the power to freeze funds they deem to be suspicious. They are required to report suspicious transactions, large cash deposits, and international transfers if they have difficulty determining where the money actually came from. All of these requirements exist, but unfortunately, most of them rely heavily on the client acting in good faith and the financial institution being vigilance.
When the government decided to invoke the Emergencies Act in what we believe, need I repeat, was an unjust manner, the Standing Committee on Finance held hearings on the financial aspect of the orders that were made following the emergency proclamation. At these hearings, representatives of the Department of Finance could not say whether the funds frozen by the financial institution had been frozen under the Emergencies Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the law that we are discussing today and that Bill C-289 seeks to strengthen.
From the moment the occupation of downtown Ottawa was declared illegal, the financial transfers used to fund it fell within the scope of these laws. All that was required was vigilance. There was no need to invoke the Emergencies Act. It would have been sufficient to enforce the existing laws, namely the Criminal Code and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
By forcing clients to make true and complete statements to the banks or face criminal penalties, Bill C‑289 addresses the first step, which is to verify the identity of the client and the source of the funds. This could start off a virtuous cycle rather than a vicious one, as the financial institutions themselves would be more diligent about checking. Government organizations would be better informed and more likely to co‑operate with their counterparts abroad. In short, it would help us begin to develop the antibodies needed to seriously address the scourge of money laundering.
That is why I am pleased to reiterate that we will support Bill C‑289.
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Madam Speaker, that is another excellent question from an excellent colleague. I thank him for it.
The bill that I introduced, Bill C‑279, says that we need to do something not only about guns but also about those who use them. It seeks to create a registry of criminal organizations, like the one we have for terrorist entities, in order to crack down on organized crime and eliminate it altogether.
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- Jun/14/22 11:38:14 a.m.
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- Re: Bill C-5
Madam Speaker, that is a whole other question.
I voted against it because it had nothing to do with Bill C-5. I do think the issue of criminal records should be discussed. It is very interesting and important.
However, to circle back to the amendments to Bill C‑5, members will know that we proposed maintaining minimum sentences for these crimes, but adding a new provision to allow the courts to override them in exceptional circumstances. That recommendation came from an expert witness. It was discussed and, although I would not go so far as to say that everyone agreed, it was welcomed by government officials.
Unfortunately, when we brought these amendments forward, the government members on the committee voted them down, which was very disappointing. My NDP colleague also voted against them. Again, I think the issue here is not criminal records, but shootings.
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- Jun/14/22 11:35:01 a.m.
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- Re: Bill C-5
Madam Speaker, if the topic were not so serious, this kind of argument would make me smirk.
For weeks, or even months, the Minister of Justice has been trying to convince us that minimum sentences have no effect on the criminals who commit these offences.
Now they want to convince us that increasing the maximum sentences will impress them. I do not think so.
I think that what offenders do not want is to get caught. They do not want to go to prison, period. If a minimum sentence for the crime they are committing does not make them think twice, I do not think that a maximum sentence of 12, 14 or 20 years is going to change anything.
That said, Bill C-21 primarily addresses the issue of legal guns by restricting certain provisions, but it does not in any way address illegal arms trafficking, which the government is being asked to contain.
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- Jun/7/22 2:44:20 p.m.
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Mr. Speaker, we need to give the police more resources so that they can take action. One of those resources is a list of criminal organizations, like the Bloc Québécois suggested. That would greatly ease the burden of proof when the police want to lay charges against members of criminal groups. Given that 2021 was the most violent year of the past decade in Montreal, the minister simply cannot afford to deprive the police of such a tool any longer.
Does the minister realize that this sad statistic obligates him to consider our proposal and create an organized crime registry?
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- Jun/1/22 6:02:57 p.m.
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- Re: Bill C-5
Mr. Speaker, I completely agree with my colleague.
We did not hear a single person or witness in committee say that they wanted to be allowed to commit criminal acts. No one said that. These people are saying they have a problem, they need help, and we need to help them. It is our job as members of Parliament to help them.
Once again, it makes no sense to say that we are going to reduce sentences for crimes that are committed. It is unjustifiable, and it is insulting to these people.
It is true that they need help for all kinds of historical reasons. They have not been treated fairly in the past. This needs to be addressed, and we need to offer support and assistance to these communities. However, allowing them to commit crimes with a lesser penalty is not going to help them. That will not help anyone, on the contrary.
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Mr. Speaker, I rise to speak to Bill C-5. I find this bill important but disheartening at the same time. The way in which the bill was presented is deplorable, and that is very sad. Bill C‑5 is really two bills in one. The first decriminalizes certain offences, and the second establishes diversion measures while also abolishing minimum sentences. These are two very different issues.
We are comfortable with the elimination of certain minimum sentences. Generally speaking, the Bloc Québécois believes that minimum sentences are not a cure-all. We think that they can actually be harmful in many cases and that we should trust the judges overseeing criminal trials. However, we believe that minimum sentences can be useful in some circumstances.
It would be especially unfortunate to eliminate them at the wrong time. Right now, gun violence is on the rise in Montreal and many other Canadian cities, and people want the government to do something. The government proposed Bill C-21 in an effort to control the circulation of legal weapons. However, the bill does nothing about the illegal weapons being used by street gangs to commit crimes and shoot people in the streets.
The Bloc says that this problem needs to be addressed, and we have some suggestions. For months now, we have been standing up in the House and talking about the need to identify organized criminal gangs and include targeted measures against members of criminal gangs in the Criminal Code. We have proposed a joint task force to stem the trafficking of illegal guns through indigenous reserves. People on the reserves have agreed to work with us on this plan. We have proposed more funding for border controls, to no avail. All of these measures would help curtail shootings, but the government has done nothing in this respect.
Now we have Bill C-5, which not only does nothing to fight gun violence committed with illegal weapons, but which also eliminates mandatory minimum sentences for crimes that I believe are pretty serious. I hardly consider armed robbery to be a trivial matter. Armed extortion is not a trivial matter either, nor is discharging a firearm with intent to wound, maim or disfigure. The government wants to eliminate the minimum sentences for these crimes just as the public is expressing concern. People want the government to do something to reassure them. Not only is the government responding by doing nothing, but it is eliminating the minimum sentences for these crimes. I am appalled.
At the same time, the government is establishing diversion measures for certain offences involving illicit substances. It is offering diversion for possession of substances for personal use. Rather than sending a person with drug addiction to prison, we will provide treatment. We will help the person regain control of their life and become a useful member of society again. That is a good thing.
However, these are two completely different subjects. The government is taking Parliament hostage by saying this is a package deal. Members are being forced to decide whether they are totally for it or totally against it. I find that appalling. In my opinion, that is a way of muzzling democracy.
I would have liked to hear my colleague from the governing party speak to this aspect of the issue. Why did his party refuse to split the bill from the beginning, as we requested? That would have made it a lot easier to work on. In any case, we have to live with it now. It is what it is.
Getting back to what I was saying about minimum sentences, there is a major problem with some of the offences. We tried to find solutions. The Bloc Québécois is against many things, but we are also in favour of certain things. Above all, we try to improve the bills that come through the House. Whenever we can make them acceptable and make sure they reflect the values and interests of the people we represent, we are happy to do so.
In this spirit, we made a suggestion. Now is not the time to abolish minimum sentences, because this would send the wrong message. Not only would it not reassure the public, but it would worry them even more. We therefore suggested maintaining the minimum sentences and adding clauses stating that the court could override them under exceptional circumstances.
That is the system used in other jurisdictions, and it works, as an expert told the Standing Committee on Justice and Human Rights. We proposed adding a clause requiring judges to state, if applicable, that the case they are trying is an exceptional case and that, under the circumstances, they will override the mandatory minimum sentence for such and such a reason. The clause would provide guidelines and ensure that justice is taken seriously.
Our proposal was so good that the Liberals changed two or three words and proposed it themselves. I was very happy about that, since I feel no need to take credit for the amendments to Bill C-5. However, when the time came to put the Liberals' amendment to a vote, none of them rose to present it, so I did it for them. I am dismayed by these sorts of games, because I think they are anti-democratic. They do not serve the interest of voters, either in Quebec or elsewhere in Canada. I am appalled by these tactics, and I would like to hear what my colleague across the aisle has to say about this.
That being said, there is also the whole diversion component, which is important to us, as I mentioned earlier. That is why I feel torn today. I do not know what to do. We will have to live with our decision, and it feels a bit like choosing between the plague and cholera. Whichever way we vote, we will be partly disappointed and partly happy.
However, we could have been completely happy if everyone here could have come to an agreement, because we basically want the same thing. I do not think that the members across the aisle, or my Conservative and NDP colleagues, are acting in bad faith. I simply think that we have different ways of looking at things and that, if we work together, we can find solutions that will satisfy our interests, our prerogatives and our respective voters. Unfortunately, we were unable to find common ground.
The opioid crisis is affecting Rivière‑du‑Nord, and it is a major problem. We have a great many other problems that we would like to solve using rehabilitation.
The Quebec government has already adopted diversion measures for criminal offences. It tries to rehabilitate people rather than make them stand trial and send them to prison. We try to help them reintegrate into society and become active contributors again, as most of them used to be. For whatever reason, these people had experiences that set them on a path they would not otherwise have chosen, any more than we would have. In Quebec, we believe that we can help them and rehabilitate them.
I applaud diversion efforts, and so does the Bloc. I think that it is the right solution, for the same reason that we previously voted in favour of the NDP's Bill C-216 along the same lines. We need to work with these people and help them. They do not need jail time, they need help. Drug addiction is a health issue, not a criminal justice issue. We therefore applaud this measure.
However, we are torn over the idea of abolishing minimum sentences. This would send a message that I dare not describe in the House. I will say just that it is completely out of touch with reality because, day after day, people are shooting up day cares and apartment buildings. Just this morning, I read in the news that a stray bullet found its way into a senior's apartment. Fortunately, she was not hit.
Members will recall that someone shot up a day care last week. That is not even organized crime. It is just delinquency. I am not a criminologist, and I cannot say any more on this subject, but we need to address this problem. Gun control falls under the federal Criminal Code, but the federal government is not doing anything. On top of that inaction, it wants to abolish the minimum sentences for these offences. I think that is just terrible.
We will see how we vote on the bill, but I will admit that we are torn. This is not a good day for democracy.
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- May/18/22 3:00:36 p.m.
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Mr. Speaker, we need an organized crime registry to combat the gang wars in the greater Montreal area. This registry would make it easier for police officers to do their job because simply belonging to a criminal gang would become an offence.
The day before yesterday, the Minister of Public Safety agreed with the idea. Yesterday, he slammed the door on it. Today, what does the Prime Minister have to say about it? While the federal government dithers, Montreal's shootings are beginning to resemble those of the biker wars in the 1990s. Today, we want a clear response. We are fed up.
Will the Prime Minister create the organized crime registry? Yes or no?
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- May/9/22 2:57:03 p.m.
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Mr. Speaker, that money is being spent on ways to do nothing or to justify doing nothing.
Quite simply, what we need is a registry of criminal organizations. If it can be proven that someone belongs to an organization that is on the registry, then it would be an offence. Gone would be the 400-person Hells Angels parties, the intimidation and the shows of force. If someone boasts about belonging to a criminal organization, they will end up in the back of a police car. It is as simple as that.
Montreal is flooded with illegal guns that are creating victims week after week. Are government members not sick of watching criminals having parties on TV?
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- May/9/22 2:55:44 p.m.
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Mr. Speaker, the epidemic of gun violence continued Saturday night. Two shootings left one man dead and five injured in Laval and Montreal. In the meantime, in Montérégie, the biker gangs were having a grand old time. Four hundred Hells Angels were partying and laughing about the federal government's failure to deal with arms trafficking and to take action against criminal groups.
People are fed up. Is it not time to create a registry of criminal organizations and to crack down on them?
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