Mr. Speaker, I am pleased to have the opportunity to speak on this important issue, one that involves freedom of expression and dignity. It is one of our important national symbols. In other words, it is a debate over values.
The motion proposes that a legislative committee of the House be instructed to prepare and bring in a bill which would make it a criminal offence to wilfully desecrate the Canadian flag.
This issue has been addressed in this Chamber recently. As the government has previously indicated on those occasions and as my fellow parliamentarians would agree, this issue deeply touches all Canadians. Our Canadian flag symbolizes democracy, freedom, liberty and Canadian unity. The Canadian flag and all it represents must remain as it always has, the pride of all Canadians.
While debating the issue before us, it is imperative that we consider the principles that should guide the elaboration of criminal law. In policy terms we must remember that criminal law in a free and democratic society such as Canada must be reserved for wrongful acts that seriously threaten the fundamental values of our society.
Let us ask ourselves what values do we wish to protect? It is well understood that the actions that the committee would look into prohibiting would amount to the expression of a political opinion by act or gesture. As troubling as these acts may be to some and perhaps to most of us as Canadians, there are other fundamental values that need to be protected which indeed our flag also represents.
Canadians are proud to be a tolerant and civilized people. We value our diversity of culture, religion and belief. We have accordingly incorporated into our constitution the fundamental principles of this wonderful country. These are some of the values that our flag represents.
Let us recall the words spoken by the hon. Maurice Bourget, Speaker of the Senate, in February 1965 during the ceremony inaugurating the new flag, which was held on Parliament Hill before parliamentarians and thousands of Canadians.
Before the charter, before the issue of desecration of a flag was ever considered and on knowing of the issue that would one day arise before us, he rightly stated:
The flag is the symbol of the nation's unity, for it, beyond any doubt, represents all the citizens of Canada without distinction of race, language, belief or opinion.
The acts contemplated by this motion simply do not amount to actions that require a criminal sanction. We must keep in mind that expressions, judged distasteful by the majority, are not in and of themselves a basis for restricting free expression in a free and democratic society.
In short, criminalizing these acts would go against the fundamental values for which our nation flag stands. That is, representing Canadians without distinction as to belief or opinion.
I propose that what really upsets us the most is the message conveyed by that act. The reality is that the message transmitted, usually disagreement with government policy, is disturbing. We must understand that however disturbing this message may be, putting limits on the expression of political opinion is nothing to take lightly. We cannot justify criminalizing an act because we do not like the message it conveys. That is not the Canadian way.
It is noteworthy that other countries have also refrained from criminalizing the desecration of their flag, countries such as Ireland and the United Kingdom. Although the United States has attempted in the past to do so, the legislation was judged to be unconstitutional. In Canada it would be very likely that such legislation would not survive a charter challenge.
Freedom of expression is protected by section 2 of the Canadian Charter of Rights and Freedoms and flag burning is recognized as a form of political expression.
I share the views of a vast majority Canadians that desecrating our national flag is truly an offensive behaviour. Those who commit such acts do nothing to forward their cause. However, while it is objectionable behaviour, because it is a form of political expression, it is protected by the charter and cannot be criminalized.