Bill S-11 – This Magazine https://this.org Progressive politics, ideas & culture Wed, 30 Mar 2011 14:10:19 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.4 https://this.org/wp-content/uploads/2017/09/cropped-Screen-Shot-2017-08-31-at-12.28.11-PM-32x32.png Bill S-11 – This Magazine https://this.org 32 32 Here's what will happen to 5 bills that died when the election was called https://this.org/2011/03/30/killed-bills/ Wed, 30 Mar 2011 14:10:19 +0000 http://this.org/?p=6034 We profile five legislative initiatives that died on the docket—and find out which of them will be re-attempted after the election

Killed bills

Compiled by Dylan C. Robertson & Victoria Salvas

This election means death. Not only have Ottawa scrums, filibusters, and drawn-out committees been killed, pieces of legislation making their way through parliament have all met a harsh end as politicians take to the campaign trail.

Before a bill becomes law, it is introduced in either the House of Commons or the Senate. Subsequently the bill goes through readings where it is introduced, given a number code and debated. It can be read again, amended then passed, from the House to the Senate but only becomes law if it is given Royal Assent by the Governor General.

But bills are stopped in their tracks when an election is called. We tracked down the people who pioneered five of the most important bills that died on the order paper when the writ dropped. We asked what they thought of the abrupt death of their projects and if they’ll attempt rebooting them.

While government bills (titled C- with a number under 201) can be reintroduced at an advanced phase with the consent of the House, private members’s bills and motions are entered in a lottery to determine their Order of Precedence, meaning the order in which they can be re-introduced. Only 30 members per session have their motions considered, although the list is replenished if all motions are dealt with.

Here’s a look at the five bills that may or may not rise again:

1. Cheaper HIV Drugs:

Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes), was introduced by then NDP MP Judy Wasylycia-Leis in May 2009. After she left to run for mayor of Winnipeg, the bill was adopted by another NDP MP, Paul Dewar.

The bill, which came to be known as “the AIDS drug bill” would’ve allowed generic drug makers to supply their products to developing countries, so they could fight diseases like tuberculosis and malaria, and help the world’s 15 million AIDS victims. Apotex Inc. had promised to make much-needed antiretrovirals for children, should the legislaiton pass. The bill, which was passed earlier this month by the House of Commons, was sabotaged by its review committee and then by the Conservatives’s attempt to effectively whip the senate, feeling it would hinder Big Pharma.

“It’s pretty outrageous,” said Richard Elliott, executive director of the Canadian HIV/AIDS Legal Network. “This bill had a lot of potential, and we pushed really hard to get it to pass. We had a lot of support from MPs in all parties.”

Dewar said he plans to reintroduce the bill. “We have to abolish the senate though, first,” he laughed. “That’s my plan. Well I’m just joking… but not really.” Dewar noted the bill was lucky to be successfully transferred after Wasylycia-Leis’s leave, as it is not an automatic process. “It was revived when actual co-operation broke out in the House of Commons,” he said. “Through unanimous consent, I was able to pick the bill up. “I’m ready, able, and willing to carry it forward after the election,” said Dewar, who hopes it ranks high in the order or precedence. “There’s so much public support for it. I don’t think they could get away with this again.”

2. Civilizing parliament:

Private Member’s Motion M-517 proposed a reform of Question Period. Conservative MP Michael Chong’s pet project aimed to civilize parliament’s most savage — and ironically unproductive — 45 minutes each sitting day.

The motion sought to strengthen how much discipline a speaker can give, lengthen the alloted time for each question and answer, and aimed at “examining the convention that the minister questioned need not respond.”

“Parliament needs to be reformed and I think the reform of parliament should begin with the reform of Question Period,” said Chong. If passed, the motion would have also stipulated who should be asked questions, most notably dedicating Wednesday exclusively for questions to the Prime Minister, and requiring ministers be present for two of the other four days. Chong noted that he was listed in the Order of Precedence for the first time in six years, and said he would re-table his motion in the rare chance he was listed for the next session. “I’m disappointed that the committee didn’t have a chance to deal with it before the election.”

Chong explained that while many members add motions and bills to the order paper solely to generate publicity for an issue, he fully intends to enact this reform. “I’ll continue to work on this issue through whatever mechanisms are available to me after the election,” said Chong. “Because this problem isn’t going away and I think Canadians want it to be addressed.”

3. Protecting trans rights:

Bill C-389, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), was a private member’s bill sponsored by NDP MP Bill Siksay. Introduced in early 2009, the legislation would have make it illegal to discriminate based on gender identity, and aimed to protect transgender individuals by amending the Human Rights Act.

These amendments would have also been made to the Criminal Code, rendering these acts of discrimination hate crimes. The House passed the bill in February, against Stephen Harper’s wishes. However, the fact that it received “unanimous support from the Bloc, several Conservatives, and the Liberals bodes well for the next parliament” says Siksay. The MP is confident in the future of the bill; passing it again will demonstrate the governments’ “commitment to human rights.”

4. Improving First Nations’ water:

Bill S-11 Safe Drinking Water for First Nations Act, was introduced in May 2010 and would have developed federal regulations for governing water provision, disposal and quality standards in First Nations communities.

An issue that has received much attention recently is the issue of providing First Nations reserves with safe drinking water. An assessment from 2001-2001 found that three quarters of the drinking water systems in First Nations communities were at risk.

Despite the dire situation on many reserves, many First Nations leaders criticized the bill, feeling they were left out of the creating of the legislation and not offered funding to get it off the ground. The Assembly of First Nations felt that the bill presented lofty goals but sparse plans for financial investment and support, which in the long run, could leave reserves in worse condition.

5. Copyright reform:

Bill C-32, An Act to amend the Copyright Act, was the third attempt at copyright reform killed by an election call, dragging on a 14-year effort.

The bill sparked controversy for attempting to criminalize the use and promotion of software that circumvents digital locks, generating high-profile criticism, a minister’s comment that critics were “radical extremists,” and an indutry-led astroturfing campaign. But the bill also aimed at tackling online piracy, and making it legal to transfer music from CDs to iPods.

MP Tony Clement, who introduced the bill as Minister of Industry, told us he plans to reintroduce the bill if re-elected. “It’s just another example of important legislation that has now been discontinued because of the opposition parties passing a motion of non-confidence,” said Clement. “This is a very necessary piece of legislation to help regularize certain habits of consumers and also protect artists from wealth-destroying pirates. “I’m hoping that if we get a majority government, we can actually concentrate on the issues like C-32 and privacy protection and other aspects of the digital economy.”

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Canadian Water Summit 2010: On Canadian reserves, don't drink the water https://this.org/2010/06/16/water-summit-first-nations/ Wed, 16 Jun 2010 12:26:00 +0000 http://this.org/?p=4798 [Editor’s note: Alixandra Gould is attending the 2010 Canadian Water Summit on Thursday, June 17. In advance of that, she interviewed a few of the experts who will be speaking at the event about some of the key issues in current Canadian water policy. Today we bring you her report on the sorry state of water infrastructure in First Nations communities; check back tomorrow for her Q&A with Tony Maas, national advisor on freshwater policy and planning with WWF-Canada. UPDATED: Q&A with Tony Maas is now online.]

Creative Commons photo by Sergio Tudela.On May 26, the Conservative government announced the tabling of the Safe Drinking Water for First Nations Act. Brought to the Senate by Indian Affairs Minister Chuck Strahl, the Bill would place the same federal standards for drinking and wastewater on First Nations reserves that are already applied to the rest of the country. As it stands right now, provincial and territorial water regulations don’t extend to reserves, and federal regulators have not stepped in.

The announcement has shone light on a generally ignored issue—water standards on reserves in Canada are far too low.

According to 2008 reports, approximately 2,145 of 89,897 homes on reserves have no water service and 4,668 have no sewage service. Health Canada reported that as of May 31, 2010, 118 reserves lived under boil-water alerts.

Dr. Cynthia Wesley-Esquimaux

Dr. Cynthia Wesley-Esquimaux

“Northern communities are suffering the most when it comes to access to potable water,” said Dr. Cynthia Wesley-Esquimaux, assistant professor of Aboriginal Studies at the University of Toronto and a speaker at the Canadian Water Summit to be held on June 17. “When you force people into housing, because they can no longer access the land because of mining interests and everything else, then that means you have to be able to create a provision for them to access water, but the government hasn’t done that.”

Like so many of the issues surrounding First Nations in Canada, access to safe water can be boiled down to territorial rights. The treaties that were negotiated between First Nations and the Government of Canada in the late 19th and early 20th centuries gave First Nations jurisdiction over their reserves. However, several contemporary land claims have alleged that corporations and townships are infringing upon those treaties, and are polluting water supplies in the process. For example, the Tsuu T’ina Nation and Samson Cree Nation launched a claim regarding Alberta’s Water Management Plan for the South Saskatchewan River Basin, as they felt the Alberta government did not adequately consult with or accommodate them when they began to make development plans. On April 28, that claim was dismissed by the Alberta Court of Appeal.

In addition to lacking proper regulations and infrastructure, Dr. Wesley-Esquimaux explains that the people responsible for operating these water systems often don’t have proper training, causing the water systems to go down with some frequency. The government then has to fly thousands of gallons of water into these remote communities, leading to huge costs. According to 2008 reports, 62 percent of First Nations water operators were not certified.

Dr. Wesley-Esquimaux is wary of getting too excited about Bill S-11. “The biggest barrier has always been the battle between the federal and provincial governments and payment. So we will see what happens. It is a very good start to an age-old problem, and maybe this time it will work. It will definitely need to be watchdogged, though.”

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