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Don Davies

Member of Parliament
Member of the National Security and Intelligence Committee of Parliamentarians
NDP

Vancouver Kingsway
British Columbia
Voting Attendance: 59%
Expenses Last Quarter: $153,893.57

Government Page

Jun/9/22 4:58:35 p.m.
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Re: Bill C-5

Madam Speaker, I would answer that by approaching the latter part first. I had both the privilege and the trauma of suffering through the Harper government the whole time. I have been in this House for 14 years, and it was a major political issue the entire time of the Harper Conservatives to adopt this tough-on-crime approach, where they did bring in mandatory minimums. In fact, those are the mandatory minimums that are being struck down by the courts as being unconstitutional, because the Conservatives did not care about the law and they did not care about the Constitution; they cared about trying to look like they were tough on crime to the public. By the way, if those methods worked and were effective, I might support them, but they do not.

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Context: House Hansard - 47 - Mar/28/22

Mr. Don Davies (Vancouver Kingsway, NDP)

Mar/28/22 12:20:54 p.m.
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Re: Bill C-8

Madam Speaker, my colleague spoke a lot about jurisdiction. I wonder if he is aware that the Supreme Court of Canada has declared that health care is shared jurisdiction in this country. I wonder if he is aware that the words “health care” do not appear in the Constitution at all. I wonder if he is aware that the only power given to the provinces in our Constitution is the establishment and maintenance of hospitals. Finally, I wonder if he is aware that the Canadian health care system, which Quebeckers and all Canadians treasure so much, would not exist without federal legislation that established five conditions for the transfers of funds. This is the system that he and the Bloc Québécois want more money for from the federal government. Is he aware that this system is dependent on federal jurisdiction, which ties the money to conditions?

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Context: House Hansard - 31 - Feb/15/22

Mr. Don Davies (Vancouver Kingsway, NDP)

Feb/15/22 4:30:42 p.m.
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Madam Speaker, I agree very much with my hon. colleague about the importance of the Canada Health Act and federal spending. I also worked for a union for 16 years, so I appreciate her contributions to working people. However, I must take issue with the member's inaccurate statement that health care is provincial. I am going to read from the Library of Parliament paper on the jurisdiction. It states that “...the Constitution Act, 1867 does not expressly include “health” as a legislative power assigned either to Parliament...or to the provincial legislatures....” The Supreme Court of Canada has not interpreted section 92 as giving provincial legislatures exclusive jurisdiction over health care. The Supreme Court of Canada, in Schneider v. The Queen, stated: ...“health” is not a matter which is subject to specific constitutional assignment but instead is an amorphous topic which can be addressed by valid federal or provincial legislation, depending in the circumstances of each case on the nature or scope of the health problem in question. The Schneider decision also says that the national concern doctrine is a basis for a federal health jurisdiction, saying: ...federal legislation in relation to "health" can be supported where the dimension of the problem is national rather than local in nature.... Therefore, when my hon. colleague says that it is not the federal government's business to be in health care, she is constitutionally wrong. Is the member aware that the phrase “health care” does not occur in the Constitution and that the Supreme Court of Canada has said that health care is federal—

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Context: House Hansard - 30 - Feb/14/22

Mr. Don Davies

Feb/14/22 10:48:32 p.m.
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Re: Bill C-10

Mr. Speaker, the major difference, with great respect, is that the people in the Bloc Québécois continually misconstrue the Constitution. They think health care is exclusively a provincial jurisdiction, but it is not. It is a shared jurisdiction. The Supreme Court of Canada said the federal government has the spending power, the criminal law power and other powers to enter into this area. We will not find the words “health care” in the Constitution. All that is in it is the establishment and maintenance of hospitals. That is what the provinces have. It does not say anything about dental care. We need all levels of government working together to build the kind of health care system we need in this country. I believe the federal government should be a partner with the provinces. It is not just an issue for the provinces alone.

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Member of the National Security and Intelligence Committee of Parliamentarians

Don Davies