Mr. Speaker, it is a pleasure to rise today to speak to this particular bill, Bill C-32. At the outset I want to say that the opposition intends to support the legislation. There might be changes suggested when the legislation goes to committee for study and we will rely upon our justice committee critics to search out weaknesses and recommend changes before final approval.
One proposal here is, I believe, an amendment to the Criminal Code for which all Canadians would approve. The proposal would make it a criminal offence to set a deadly trap that could kill or seriously injure another person such as a firefighter or law enforcement officer. This would protect first responders, as they are often called, meaning firefighters or police officers, and is a response to calls from the International Association of Fire Fighters. These brave men and women have enough on their hands when they are doing their jobs without having to worry whether some criminal has planted booby traps that might endanger their lives.
One only has to monitor the news to know that manufacturers and dealers of illegal drugs often plant traps to deter other criminals from raiding their illicit goods.
We have heard rumours in my home province of British Columbia and from bordering American states of booby traps being set along trails that lead to high mountain marijuana crops. Stories have been told of fish hooks being suspended at eye level along trails to deter raiders. Whether these stories are true or are rumours started by those who cultivate such crops as a deterrent is not certain but the fact is that we know from news reports that those who deal in these illegal cash crops will do anything to protect their profits.
The same is true where illegal chemicals are manufactured. We hear and read in the news of the enormous profits to be reaped by those who manufacture amphetamines. It would not be a stretch to presume booby traps are set in these buildings to deter raiders as well.
Our brave firefighters and police officers deserve at least the comfort of knowing that this Parliament will single out and punish those who would set such traps.
The maximum sentence, generally, has been 10 years depending upon the outcome. If injury occurs, whether it is to criminals, firefighters or police officers, the sentence can be increased to 14 years. If death occurs, the penalty maximum would be life.
I would digress slightly here and say that under the Liberal government, a life sentence does not mean very much. It certainly does not mean life. More often than not, a life sentence means living the good life in some comfy prison where all the comforts of home are available to the inmates and that includes the right to vote in general elections.
What Canadians want is for life to mean life. If a life sentence for murder is handed down, Canadians want to know that prisoner will not be out on the streets again, but that is not the Liberal way. The Liberal way is to sentence them to life and then let them out in 10 or 12 years, maybe more, maybe less.
We salute the International Association of Fire Fighters and the law enforcement people and, through this legislation, recognize the dangers they face daily. We are forever grateful to them for the jobs they do for all Canadians. We hope the legislation will serve to deter those criminals who would put the lives and safety of good people in jeopardy.
Another amendment we are considering here today will address a problem raised in R. v. Hurrell where the court found weaknesses in the warrant provisions of the Criminal Code pertaining to firearms search and seizure. The court ruled those provisions were unconstitutional because the warrant application section did not include enough protection of individual rights. The court said that it was not clear that a peace officer had to have reasonable grounds to make an application for the warrant. The court generously gave Parliament time to react and address its decision, and the legislation before us is the result.
The bill would amend the Criminal Code to require that an officer must have reasonable grounds to believe that a person is in possession of a weapon and that it is not in the interests of that person to possess that weapon. Only after the officer is convinced personally and in turn convinces the court, will a warrant be issued. This appears to be a reasonable response to the court's earlier ruling. It seems to safeguard individual rights and satisfy the constitutional concerns of the court in the R. v. Hurrell case.
The meatiest part of the legislation before us is an amendment to the Criminal Code to explicitly recognize that everyone on board any aircraft in Canadian airspace is justified in using reasonable force where he or she believes that it is necessary to prevent the commission of a crime aboard the aircraft. In essence, it allows civilian use of force to save lives. This essentially is the right of self-defence. It is what those brave souls did on September 11 when their aircraft was hijacked. They attempted to save lives by trying to overpower the hijackers. In some cases they were very successful, and all of us are grateful for the sacrifices they made.
The legislation also clarifies that this justification also applies on board any Canadian registered aircraft in flight outside Canadian airspace. That means any brave soul who attempts to thwart a hijacking or any crime aboard any Canadian airplane will have the protection of the courts no matter what the outcome.
Canadians would probably feel a lot more confident and comfortable if they knew that armed and trained air marshals were aboard select flights, but that is a debate for another day. Members should rest assured that it will come up again. At least this recognizes that innocent civilian passengers have a right to defend themselves and to use whatever force they deem necessary to do so.
The bill also contains amendments that could be very controversial due to perceived infringements on individual privacy. Amendments to the Criminal Code and the Financial Administration Act would allow both the government and the private sector to disclose the contents of private communications intercepted by intrusion detection systems in certain circumstances.
The Criminal Code amendments would allow for the disclosure of intercepted private communications if the disclosure were necessary for the protection of a computer system and if the disclosure were made appropriately. This will require further study and I trust our very knowledgeable members on the justice committee will give it the due diligence it deserves.
We know the Criminal Code already provides for several exceptions where private communications can be intercepted and disclosed. We do have to protect our computer systems because we know the economic devastation hackers, for instance, can cause. The protection of computer systems is an important objective for both government and industry, so incidental disclosure of private communications for this purpose may be tolerable. We in the opposition will rely on our members who serve on the justice committee to ponder the ramifications and to propose amendments if necessary.
The provisions of the bill relating to setting traps, use of force on an airplane and civil enforcement of restitution orders are all worthy of our support. We will accept the amendment regarding warrants for firearms searches as nothing more than a response to a court decision. That is in fact what put this in place. We believe an intended consequence of this will be to offer more protection to firearms owners from unreasonable search under this section. Perhaps when the Liberals discover that it might offer firearms owners more protection than it has in the past, they themselves will move to make an amendment. I hope that does not happen. We know how much contempt Liberals have for innocent and law-abiding firearms owners. It has been displayed over and over for years under the registry.
The safety and security of Canadians and their property is the stated objective of the Canadian Alliance criminal justice policy. The bill is largely in keeping with our philosophy. The Canadian Alliance policy number 29 states:
--We recognize the rights of victims of crime and will introduce programs of financial restitution from the offender to the victim as a component of sentencing and parole.
Therefore the Official Opposition is prepared to support the legislation knowing that it will be subject to further study and scrutiny.
In my closing remarks I would like to mention that if the House had adopted the motion that was put forward by my own colleague from Surrey a year ago, we might already have seen this put in place and we might have seen it working today. Whether or not that happened was in the hands of the House and it was voted down. We do have something in place now and we will work with it. That was a good start. We will begin again.
We have only had a brief time to look at the piece of legislation that is before us. If further study and scrutiny reveal weaknesses not evident to us now, we will return with our own amendments some time in the future. In the meantime, I am pleased to support this proposed legislation.