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One of the trends I have observed with a number of bills and
private members bills in Ottawa is that many propose to limit, penalize or otherwise restrict, actions which occur in our day to day to lives. Very few bills enhance the rights of citizens however, on March 11th, Bill C-26 came into force that does expand and better clarify the ability to make a citizen’s arrest. As many of you may be aware, under the previous laws governing a citizen’s arrest it was far more likely that the law abiding citizen who was attempting to make the arrest would be in trouble, than the person doing the crime. Many may recall a real-life situation when a small grocery store owner in Toronto who had been victimized repeatedly by shoplifters made a citizen’s arrest and successfully caught a shoplifter only to be subsequently charged with a number of criminal offences including forcible confinement. Although the shop owner was eventually acquitted the lengthy and extremely costly legal battle was not unlike being victimized a second time and all for attempting to protect his family livelihood from a criminal. Bill C-26 The Citizen’s Arrest and Self Defence Act, was introduced by our Government in November of 2011 and implemented several important changes that now underpin new rights for all citizens. The most significant change in the new citizens arrest law is that a citizen’s arrest can be made within a reasonable period of time after he or she finds someone committing a criminal offence occurring on or in relation to property.This power of arrest would only be authorized when there are reasonable grounds to believe that it is not feasible in the circumstances for the arrest to be made by a police officer.The new citizens arrest laws also allows for a reasonable use of force, taking into account all the circumstances of the particular case. To be clear, the intent of this weeks report is NOT to advocate for vigilantism nor to suggest citizens take the law into their own hands but rather to provide information so all citizens can be aware of these changes and hopefully avoid misuse and misunderstanding. A citizen’s arrest should never be viewed lightly as it is a serious and potentially dangerous undertaking. Law enforcement officers are highly trained professionals and generally, reporting criminal actions to the police is the best course of action.The main intent of the new citizens arrest law is to provide more legal guidance and clarity in those situations when crime occurs where there are reasonable grounds to believe that it is not feasible in the circumstances for the arrest to be made by a police officer. If you have further comments or concerns on Bill C-26 that has now come into force do not hesitate to contact me at your convenience. This week the House of Commons will again be in session with continued debate on a number of Bills that I have referenced in previous reports. Government Bill C-55 “Response to the Supreme Court of Canada decision in R. vs Tse Act, Senate Bills S-9 “Nuclear Terrorism Act” and S-12 “Incorporation by Reference in Regulation” will be on the floor of the House of Commons early in the week. If you would like more information about any of these pieces of legislation, please contact me at dan.albas@parl.gc.ca or by phone at 1 (800) 665-8711. On Thursday, March 21, our Government's Economic Action Plan budget for 2013 will be introduced by the Honorable Finance Minister Jim Flaherty. In next week’s report I will provide further information on some of the measures within the 2013 Economic Action Plan. Dan Albas is the Member of Parliament for Okanagan-Coquihalla. His blog is DaninOttawa.com and previous MP reports are on line at http://www.danalbas.com/
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Recently it was widely reported in the media that Canadians
currently face some of the highest wireless cellular rates in the world. Wireless communications is increasingly becoming part of our daily lives– it is how so families keep in contact and also how many in the small business community communicate with customers. In summary, wireless communication are important to Canadians and it is unacceptable that as consumers our rates are considerably higher than in other countries. When looking at this industry in greater detail it is also clear that overall it is dominated by a few major players and competition is relatively scarce, and even more so in smaller and rural markets. It also should not be forgotten that there are still populated areas of Canada that have no service whatsoever. Clearly when it comes to wireless services in Canada more action needs to be taken on behalf of Canadian consumers. In 2008 our Government made a point of setting aside wireless spectrum for new companies to utilize– in turn some new companies responded and in certain markets in Canada prices have dropped by roughly 10%. As a result of this success our Government is looking to offer more wireless spectrum with the next auction occurring in November of this year. Over the next few months our Government will also review existing policies with the objective of increasing competition in the wireless sector. Ultimately the goal will be to ensure that there are at a minimum four competitive wireless companies in each Canadian market. Increased competition in the wireless sector in other countries has shown that improved technology is offered sooner and at lower prices. In addition our Government has also announced other changes to the wireless sector that include new regulations to increase cell tower sharing to help reduce the need for more cell phone tower construction. Regulations have also been introduced to both expand and extend that requirement of wireless companies to provide roaming access to competitors. Other regulatory changes have also been introduced as I referenced in my March report from last year that will allow existing wireless companies with less than 10% market share to be eligible for investment from other countries who typically have more competitive wireless markets. These changes will clearly take time to fully implement however it is in my view important that Government take action to protect Canadian consumers. Much as a local citizens recently raised an issue with me on a problem with pre-paid credit cards that we are also taking action on, the importance of communication, technology and affordability are concerns that we all share. As the House of Commons is not sitting this week, I am in the riding concentrating on constituency work and getting feedback on our work in Ottawa. I will be back in Okanagan-Coquihalla and welcome the opportunity to meet with citizens and to hear your concerns. I can be reached at dan.albas@parl.gc.ca or by phone at 250-770-4480 or toll free at 1-800-665-8711. Dan Albas is the Member of Parliament for Okanagan-Coquihalla. His blog is DaninOttawa.com and previous MP reports are on line at www.danalbas.com Last fall I had an opportunity to tour one of the South
Okanagan’s largest private sector specialty manufacturing plants. In summary, I was extremely impressed not just at the size and scope of the operation and the many important well paying jobs that it provides, but also by the many international projects that it is currently involved with worldwide. I later the had opportunity to confirm in a meeting with a local economic development officer, who shares the goal of ensuring building employment and investment, that this particular company is indeed the largest employer in the area. To think that this internationally respected manufacturer can design, engineer, and build components for important projects around the globe all from a small rural British Columbia community is a remarkable example of Canadian ingenuity and capability. This local operation also serves as a reminder of the importance of infrastructure investments along with global free trade agreements with other countries and important interprovincial agreements such as TILMA to ensure that our local industry can compete and grow. While at this manufacturing plant I was also shown a component that looked very much like the one’s produced within the operation. Unlike the same part manufactured in house, with a maple leaf, identifying both the company and the country where it is made, this particular component was actually in fact a counterfeit copy with no identifiable manufacturer. Although it is often said that imitation is the sincerest form of flattery, in this case it is a very serious concern. This particular component requires engineers to design, a foundry and machine shop to build, sales staff to sell and more plant staff to ship. In short there are many well paying local jobs that are created in getting this component to the market. These are important jobs that support families who in turn support our local economies and as such these counterfeit goods should not be treated lightly. Last Friday in the House of Commons our Government introduced Bill C-56 “Combating Counterfeit Products Act”. This act proposes to create a number of new enforcement tools to better protect Canadian manufacturers from the threat of illegally manufactured counterfeit goods entering into, being sold or otherwise distributed within Canada. Under the Act, border officials would have new abilities to detain shipments until rights holders can be contacted. In addition, Canadian businesses will also be able to request assistance with the Canadian Border Services Agency (CBSA) to share rights information on suspected shipments. New criminal offences can also apply to those individuals who are in the commercial possession, manufacture or trafficking of trademark counterfeit goods. New civil legal options will also be made available to legitimate rights holders to pursue legal action against those who profit from counterfeiting practices. Aside from the potential damage I observed from counterfeiting practices firsthand, the value of counterfeit goods seized in Canada has increased from $7.6 million in 2005 to almost $ 40 million last year. More important is the potential loss of Canadian jobs and what that would mean for small rural communities where other much needed well paying employment can be hard to find. Bills like C-56 may not generate much attention however the importance to take action against counterfeit goods is yet another way that our Government is ensuring that we protect jobs and support our important manufacturing sector. Also occurring this week in Ottawa is continued debate on Government Bills C-47 “Northern Jobs and Growth Act” and C-48“Technical Tax Amendments Act” while Senate Bill S-9 “Nuclear Terrorism Act”will also reach report stage debate. Some of the Private Members Bills up for debate this week include C-457 “An to Repeal the Clarity Act” C-452 “An Act to Amend the Criminal Code (exploitation and trafficking in persons) along with Motions M-382 “Religious Freedom” and M-412 “Hydroelectric Project”. If you have comments, questions or concerns on these or any Bills before the House of Commons please do not hesitate to contact me by phone 1(800) 665-8711 or email dan.albas@parl.gc.ca at your convenience. Dan Albas is the Member of Parliament for Okanagan-Coquihalla. His blog is DaninOttawa.com and previous MP reports are on line at www.danalbas.com |
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March 2023
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