House of Commons Hansard #82 of the 39th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was person.

Topics

Criminal CodeGovernment Business

12:35 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am very pleased to have the opportunity to speak to Bill S-3 again, because I have spoken previously on it.

I would like to spend a few minutes retracing where this bill came from. I was a member of Parliament when this bill came forward in its first incarnation. It was Bill C-36, the anti-terrorism legislation. It came forward after the attack on the World Trade Center towers on September 11, 2001. It went through the House very quickly.

I remember at that time getting up to speak to the legislation. In fact, the NDP caucus opposed the legislation. We believed that the path being taken by the then Liberal government in this massive new venture of anti-terrorism legislation was not warranted.

We had grave concerns at that time about the impact it would have on life and civil liberties, particularly on Canadians who were originally from the Middle East, who were part of the Canadian Arab or Muslim communities, because after September 11, there was a shift in what was taking place in our society. Many things changed, one of which was the legislation that came forward.

The debate was not that long. In fact, one of the concerns the NDP had back in 2001 was how quickly the legislation was being pushed through Parliament. This was very serious legislation that made very significant departures from the process of law that we understand in this country. We said that the two clauses we are dealing with today, seven years later, were particularly offensive.

Because there was so much debate about those two clauses, which happened to deal with investigative hearings and preventive detention, it was agreed by the government, finally, that those clauses could be sunsetted. They would come under a review so that Parliament would have to examine the legislation and those specific clauses again.

The Anti-terrorism Act passed very quickly. The Bloc at that time may have opposed it as well, I am not sure, but it was basically the NDP and maybe the Bloc who voted against it. The Conservatives and the Liberals voted for it. We knew it would come back for debate and of course that happened. We had that debate a short while ago, because we knew those two clauses would become null and void unless they were somehow continued or reintroduced by March 1, 2007.

On February 27, 2007 there was a vote on those two clauses and, interestingly, they were defeated. It was a very important moment in the House of Commons to see that after a full debate in the House by all political parties, the NDP, the Bloc and some members of the Liberal Party defeated those amendments.

The government has reintroduced, with virtually no changes or very small changes, the same two amendments dealing with investigative hearings and preventive detention. The NDP is standing for the third time to speak out against this legislation.

These clauses have actually never been used. They are an affront to a democratic society. They create a path and a process that we do not want in this country.

Whenever I have spoken at community meetings or public hearings about security issues, more often than not, people voice their very significant concerns about the kind of legislative initiatives that are being undertaken as a result of September 11, and about how much has changed in our society in terms of security. Many people have been targeted, particularly visible minorities.

I want to pay tribute and respect to the organizations that have never given up in speaking against this kind of legislation, and this legislation in particular, whether it is at parliamentary hearings or at hearings that have been organized in the community. There are people in this country who have remained vigilant even in the face of sometimes a public appetite to have greater security measures. There have always been organizations like the B.C. Civil Liberties Association, the Canadian Bar Association, the Canadian Arab Federation, the Muslim Association of Canada and many others who have always come forward to warn and alert parliamentarians about the dangers of this legislation.

It is very important that we remember that. Sometimes in the furor and frenzy of when things happen, people feel threatened and insecure, and it is very easy for governments to play a very opportunistic role, to play on those fears and to bring in the kind of draconian legislation that we have seen with the Anti-terrorism Act.

We have come to see over the passage of a number of years now that that legislation was not needed. Therefore, it is somewhat concerning and surprising that yet again we are debating this bill, that we are debating these two particular clauses. The Conservative government, with the support of the Liberals, is prepared to re-enact these amendments that have already been voted down by the Canadian Parliament.

When I speak to my constituents, they are very concerned about what is taking place in this country. For example, this weekend is the fourth annual summit of the security and prosperity partnership. It is taking place in New Orleans. Our trade critic, the member for Burnaby—New Westminster, is one of the members who will be participating in a very broad people's summit, as opposed to the leaders' summit in New Orleans that is going to be discussing what is called the SPP.

The Council of Canadians, the Communications, Energy and Paperworkers Union of Canada, CEP, the United Steelworkers, and many other organizations will be heading to New Orleans, probably today, to participate in the SPP people's summit. Just as we saw at Montebello at the leaders' summit, where the Prime Minister of Canada, the President of the U.S. and the President of Mexico met behind closed doors to discuss security and trade issues, that will take place in New Orleans.

I am very glad that those members of civil society, and there are 30 organizations that are hosting the people's summit in New Orleans, will be there to push for and demand accountability from these leaders, who are trying to further this incredible agenda, the economic, political, cultural and security agenda between our three countries, and the integration of Canadian society politically, economically and culturally into the United States.

Many people are hugely concerned about this. I wanted to raise this today as we are debating this bill because I think that they are very much related. We have seen so many different processes that we are not even barely aware of. Sometimes we get leaked information. Sometimes we find out about what is going on, but all of these processes are taking place behind closed doors.

There are some people who have access. Business elites have access to this process. In fact they have their own forum for raising these issues and bringing them to government. In terms of the Canadian Parliament, people generally, or organizations or the labour movements, civil society, have no access to this process. A lot of this process, in terms of the security and prosperity partnership has to do with security measures in developing a common front of security measures, a merging of the American system with the Canadian system.

We know that anytime we cross the border. There are many of my constituents who, for no apparent reason, have experienced terrible interrogation and investigation at the border, and sometimes have been refused, all under the guise of security.

It really comes back to the broadness of the bill and what it represents. Although the bill has very specific measures in it, to me, former Bill C-36 and Bill S-3, the one we are debating today, exemplify this environment of heightened security, of control by the state, of the clampdown on civil society, the clampdown on individual rights and liberties. This is something that we should really stand up against.

I am very proud that in the NDP we have done that historically. Whether it is the War Measures Act in Quebec, whether it is the internment of Japanese Canadians during the second world war, there are these moments in our community's history where we have to make a decision as to whether or not what is being laid down has a basis and merit, or whether it is actually, in the long run, undermining the fundamental principles of a democratic society. We in the NDP believe that the anti-terrorism legislation did just that. It fundamentally changed Canadian society.

There was a feeling at the time that this really would not affect many people. It was somehow those people; it created an environment of them and us. It is a very dangerous situation when we identify a group of people as being a threat. That is precisely what this legislation does. We have to take the attitude that when civil liberties of any minority, whether it be religious, ethnic, sexual orientation, gender or whatever it might be, any discrimination, any singling out is not only a threat to that group, but it is a threat to all people.

Even if we do not feel immediately threatened or if we do not feel that we are the ones who are being targeted, we have a responsibility to speak out in defence of civil rights and civil liberties for all people. In my community there are people who feel very strongly about that. They are very concerned about the direction that we have taken in the last seven years.

It was actually because of the anti-terrorism legislation that a few years ago I introduced a bill to eliminate racial profiling in Canada. It was a very interesting experience to introduce that bill. When I introduced it, I held a number of hearings across the country, and I was quite taken aback by the response I got in different cities from people who came forward with personal experiences about having been targeted. It has always taken place.

Racial minorities in this country have always been targeted, but it escalated and went off the charts after September 11. I heard from people that it was both random and systemic. The chances of being held up at the border, particularly at airports but also at ground crossings, greatly increased if one looked like a member of a certain community, if one was Muslim, or wore the hijab, or was a member of a minority from the Middle East. That became very clear in talking with people and hearing about people's experiences.

The bill that we introduced to eliminate racial profiling is very important. I am very pleased that the bill has been reintroduced by my colleague from Burnaby—Douglas and it is now Bill C-493. We hope it will come forward for debate in the House one day because I think there is very strong support for that bill.

We also know the experience of Maher Arar and the horrendous situation that that one individual faced in terms of a complete denial of his basic human rights. He was sent to the U.S. with Canadian complicity and then to Syria, where he remained in jail for so long. He was tortured. It was only because of the work of his wife, Monia Mazigh, his family, his community and broader civil society that the issue finally came forward and there was a public hearing.

It is again one of those moments in Canadian history where people feel that a grave injustice was done, although it is good to know that because of the public pressure, there was a public hearing and finally an apology made.

However, what that family went through is something that probably none of us will understand or be able to relate to because it was so deep, so grievous and so harmful. We must learn from that experience.

In light of all of those things that have happened, here we are in 2008 debating whether or not two clauses in the bill should continue. We have already voted once that they should be defeated, that they should be left null and void as a result of the date the sunset clauses came into effect.

I would hope that we in the House could abide by that. We have had a vote. It was taken in February 2007. The clauses were defeated by 159 to 124 members. I am hoping that might happen again this time. The Conservative government has reintroduced these clauses and is hoping they will go through.

I am hoping very much that there is enough expression, will and solidarity in the House from the NDP, the Bloc and maybe some members of the official opposition that we can again defeat these amendments as unnecessary.

We look at our global community and Canada's part in that, and read about what is taking place in the world today. People do not want to see this kind of legislation. This legislation will not do anything to stop food riots, to improve food security, whether in Canada or around the globe. It will not do anything to improve the health of developing nations, eliminate starvation or help the millions of children and families who are suffering needlessly because of the incredible inequities in resource development and wealth distribution on our planet.

This legislation does not address those issues at all. In fact, it exacerbates a global system that is based on U.S. domination in terms of foreign policy and the war in Iraq, and certainly Canada's involvement in the war in Afghanistan. All of these things are connected.

Yet, if we talk to people and ask them what they are worried about and what they want to see us, as parliamentarians, focus on, people will tell us that they want to look at legislation, programs and policies that actually improve equality and social justice in our world. They want to see us focus on those priorities and to deal with those terrible inequities that exist.

I am coming to the conclusion of my comments today and I am glad that I was able to speak to the bill, as I have before. I will speak whenever it is necessary, as will my colleagues in the NDP, because we believe that we play a very important role in the House of standing up.

We take our role very seriously. We come here to vote. We do not sit on our hands. We challenge the government's agenda and we speak for a majority of Canadians who, if they had a direct vote in this, would not be supporting this legislation, Bill S-3, today.

I hope that when we get to the vote, there will be enough members of the House to defeat this, as we did before, and to recognize that these amendments are not necessary. They have not been used. They are not needed. We should focus our attention and our priorities on the issues Canadians really want us to in terms of building healthy, safe communities, respecting our environment, and promoting social justice in our world.

Criminal CodeGovernment Business

12:55 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I listened intently to most of the hon. member's comments with regard to the proposed legislation. I do not have time to hit on every point she raised, but there is one thing I would like to mention, and it has to do with our responsibility in the House and the issue of human rights.

People have a right to go to bed at night knowing there are laws in place to protect them from people who would come into our country, or are already in the country, and who want to do them harm through terrorist acts.

One of the reasons the legislation has been brought before the House is because there were concerns with regard to human rights. We went to the one body in the country, other than the House, that deals with these issues day in and day out, and that was the Supreme Court. The Supreme Court has addressed these issues and the legislation conforms to the court's concerns.

We have talked about people being inconvenienced, while travelling, by some of the heightened regard we have for terrorism. We do not mind having the odd bottle of hairspray thrown in the garbage at the airport because we know it is being done to protect us. An organized terror group in another part of the world planned on blowing up aircraft by concealing these types of things. That is why we are being inconvenienced. The vast majority of us do not necessarily like it, but we understand why it is necessary.

That is why we do not necessarily like this type of law, but we know it is necessary to protect us so we can continue to be a country that is respected around the world for our human rights and how we take care of our citizens.

The hon. member mentioned Maher Arar. That incident happened under the previous Liberal regime. We are making all the changes that Justice O'Connor recommended. We did that almost immediately upon receipt of those recommendations, and that has been the hallmark of this government.

We will continue to defend Canadians against people who would do them harm, and the legislation does absolutely that.

Criminal CodeGovernment Business

1 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member and I have different perspectives on the legislation.

This bill is overkill. No one here is disputing the fact that Canadians want to experience safety, that they want to go to bed at night and not worry about a number of things. There is no evidence that anything in the bill would make us safer. On the contrary. We could make some strong arguments that the purview of the bill and what it represents would create a global community so focused on incredible security measures that it fosters greater destabilization.

What is security? Security is being safe. Security is about having enough food to eat every day. Security is having a roof over one's head. These are also basic forms of security.

Where I depart from the member is the Conservative government has an obsession with legislation that is focused on a law and order approach, that everything will be solved by some new little boutique bill or a big bill such as Bill C-26 on mandatory minimum sentences for drug crimes and that this somehow will answer all the problems in our society.

There is a fundamental difference in what I am speaking about and what the member is speaking about, but I certainly respect his opinion.

With respect to Maher Arar, I do not care whether it was the previous government or the Conservative government, but it happened in our country and we all bear responsibility for what happened to him. I am glad there finally was an apology. However, if we do not understand what happened and if we are unable to link it back to this bill and how we have dismissed the liberties of people and have taken away the due process of law, then what have we learned? That is the question I put forward.

This is why NDP members cannot support the legislation.

Criminal CodeGovernment Business

1 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I congratulate my colleague from across the way on her speech. She defends her arguments and her party's position passionately and with conviction. Further, she knows very well that the Bloc Québécois and the NDP will vote against Bill S-3

This makes me think about how each time I see a woman rise in this House, I am reminded of how few of us there are. I would like to take this opportunity to urge the parties to recruit more women so they can speak out in this House. Perhaps then the debates would be more informed and they would be different. I think members know what I mean. We would like more women in this House, and I urge the parties to recruit more for the next election, so we can have equal representation by men and women.

That said, I would like to ask my colleague what bothers her the most about this bill. What bothers her and affects her the most? What does she think is hiding behind this bill? I would like to know.

Criminal CodeGovernment Business

1 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I think that is just about the best question and comment I have heard all day. I would concur with the hon. member.

I think if we had a majority of progressive women in this House, and I am sure she would agree with that qualification, it would be a very different place. Think of the things that would be different. We would have child care at the top of the agenda, housing, food security and the environment. We would not be going to war. I very much appreciate the comments of the member from the Bloc. I am very happy that the Bloc will not be supporting this bill. I think we certainly stand together on that question.

The hon. member asked a very good question. What is behind this bill? What is behind this bill is a political climate of fear that is created for ideological reasons. We have seen it in the United States, whether it is on drugs or security, and we are seeing it now in our own country. It began with the former government and it is now being continued at a very rapid rate by the Conservative government.

It is all the more important then that we stand up as a voice of reason and in effect blow the whistle on this kind of legislation, and point out that it is not necessary. It is overkill. Most importantly, we respect our democratic society, respect people's human rights, and respect the due process of law. I am glad that we will be voting against this legislation along with the Bloc.

Criminal CodeGovernment Business

1:05 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, it is amusing to see the NDP and the Bloc pat each other on the back for not protecting Canadians. I am actually appalled. I listened very carefully to the speech from the member for Vancouver East. I know she said that the way to address terrorism is by having a roof over one's head and having food on the table.

Quite frankly, if she looks at the Air India disaster, the people who were accused and convicted in the tragedy, having a roof over their heads and having food in their belly was not an issue. It was a matter of religious and political extremism.

I want to ask her, in light of the Air India disaster and the inquiry that followed, how can she still justify not supporting some reasonable anti-terrorism measures that our Supreme Court of Canada has already provided us guidelines for and we are complying with those guidelines?

Criminal CodeGovernment Business

1:05 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am not suggesting at all that where there are acts of terrorism that we should not act in a very forthright and strong way as a state. Certainly, we have seen those instances. When the member uses the Air India bombing as the example, I think it begs the question.

Clearly, legislation is already in place to deal with that. It comes back to the question: Why are we debating this legislation. Why is it necessary? It is overkill. It is not needed. There are more than adequate provisions within our existing laws and Criminal Code to deal with acts of terrorism.

Criminal CodeGovernment Business

1:05 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I am pleased to speak to this debate on Bill S-3. I will start by saying that the Bloc Québécois is opposed in principle to Bill S-3.

The Bloc Québécois has a responsible approach to analyzing such bills, because we believe that any anti-terrorism legislation must strike a balance between maintaining safety, which is very important, and respecting the other fundamental rights.

With this in mind, the Bloc Québécois became very involved in the review process of the Anti-terrorism Act and its application, a review which is provided for in the act itself. From December 2004 to March 2007, the Bloc Québécois listened to witnesses, read submissions and interviewed specialists, members of civil society and law enforcement officials. As usual, the Bloc Québécois was passionate, professional and thorough in its work.

During the specific review of the two provisions in Bill S-3 by the Subcommittee on the Review of the Anti-terrorism Act, the Bloc Québécois clearly stated its position on the investigative hearings and on recognizance with conditions. The Bloc Québécois thought better guidelines for the investigative process were needed.

It is clear to us that this exceptional measure should be used only in specific cases in which it is necessary to prohibit activities where there is imminent peril of serious damage, and not in the case of misdeeds already committed.

The Bloc Québécois also firmly opposed section 83.3 dealing with preventive arrest and recognizance with conditions. Not only does this mechanism appear to us to be of little, if any, use in the fight against terrorism, but also, we believe that there is a very real danger of this provision being used against honest citizens.

The Bloc Québécois believes that terrorist activity deemed dangerous can be disrupted just as effectively, and in fact more effectively, by the regular application of the Criminal Code, and without the potentially harmful consequences of preventive arrest.

As a result, we recommended the abolition of this mechanism and we won on February 27, 2007. Today, as always, the Bloc is consistent, and our position on the issue has not changed.

I would add that the investigation process should not be reinstated unless major changes are made to it, which Bill S-3 does not do. Moreover, preventive arrests have no place in Canada's justice system because of the potential consequences and the fact that other, equally effective, provisions are already in place.

As we all know, Bill S-3, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), was read for the first time in the Senate on October 23, 2007. The purpose of the bill is to reinstate two provisions of the Anti-terrorism Act that were abolished when the sunset clause was allowed to expire. The vote on the sunset clause was held on February 27, and parliamentarians did not extend the provisions. That was the will of the House as voted.

I am surprised that the government is bringing back in this bill two clauses that have already been debated and defeated in a vote right here in the House of Commons.

Perhaps we could look at what section 83.28 of the Criminal Code, on investigative hearings, was all about. Under this provision, a peace officer could, with the prior consent of the Attorney General, apply to a provincial court or superior court judge for an order for the gathering of information. The order, if made, required the named person to appear before a judge for examination and to bring any thing in his or her possession.

The person named in the order had the right to counsel and was required to answer questions, but could refuse to do so in order to avoid disclosing information protected by any law relating to privilege or disclosure. The presiding judge was to rule on any refusal. The person was not excused from answering a question or producing a thing on the ground that that could incriminate him or her. In fact, the person simply lost the right to remain silent. However, no information or testimony obtained during an investigative hearing could subsequently be used directly or indirectly in other proceedings, other than a prosecution for perjury or contradictory evidence.

In our opinion, investigative hearings were not useful. Moreover, they were never used. In the normal course of an investigation, the police can already question witnesses and conduct searches to obtain documents. This is possible under the current law, which means that, in a way, Bill S-3 is seeking to reintroduce almost exactly the same provisions we refused to extend.

If we look more carefully at recognizances, arrests and preventive detentions, section 83.3 of the Criminal Code dealt with recognizance with conditions. A peace officer who believed that a terrorist activity was going to be carried out and who suspected that the imposition of a recognizance with conditions or the arrest of a person was necessary to prevent the terrorist activity could, with the prior consent of the Attorney General, lay an information before a provincial court judge. That judge could order that the person appear before him or her. A peace officer could arrest the person named in the information without a warrant if the arrest was necessary in order to prevent a terrorist activity from being committed.

The person detained in custody had to be taken before a provincial court judge within 24 hours or as soon as feasible. A hearing known as a show-cause hearing was then to be held to determine whether the person should be released or held longer. This hearing could not be adjourned for more than 48 hours.

If the judge determined that there was no need for the person to enter into a recognizance, the person had to be released. If the judge determined that the person should enter into a recognizance, the person was bound to keep the peace and respect other conditions for up to 12 months. If the person refused to enter into such a recognizance, the judge could order that person to be imprisoned for up to 12 months.

I will repeat, this provision had never been invoked before it was abolished. That is not surprising because police officers could, and still do, use the other provisions of the Criminal Code to arrest someone about to commit an offence.

Section 495 of the Criminal Code states:

(1) A peace officer may arrest without warrant

( a) a person ... who, on reasonable grounds, he believes ... is about to commit an indictable offence;

The person arrested must then be brought before a judge who can impose the same conditions as those in the Anti-terrorism Act. The judge can even refuse bail if he believes that the person's release would endanger public safety.

If the police believe that an individual is about to commit a terrorist act, it is because they are aware of a plot. They probably know, based on wiretap or other surveillance information, that a criminal act is about to be committed. Therefore, they have proof of a plot or attempt, and need only lay a charge in order to arrest the person in question.

They will eventually go to trial, at which time that person will have the opportunity to present a full answer and defence. The person will be acquitted if the suspicions are not justified or if there is insufficient proof to support a conviction.

It seems obvious to us that the apprehended terrorist activity would have been disrupted just as easily as if section 83.3 had been used. However, it is this provision that is most likely to give rise to abuse and this concerns the Bloc Québécois greatly.

It may be used to brand someone a terrorist on grounds of proof that are not sufficient to actually accuse him but against which he will never be able to fully defend himself. This will prevent him from travelling by plane, crossing the border into the United States and probably entering many other countries. It is very likely that he will lose his job and be unable to find another. These are serious consequences for the person affected by this provision.

One could compare this situation to that of Maher Arar upon his return from Syria, before he was exonerated by Justice O'Connor. If this new, temporary provision of the Criminal Code had been used, a judicial decision could have imposed conditions because of apprehended terrorist activity. The general public would see that person as almost certainly, if not definitely, a terrorist.

Terrorist movements often spring from and are nourished by profound feelings of injustice. A parallel fight against these injustices is often conducted by those who want to correct them through democratic means. Such people have made a positive contribution to the transformation of the societies in which we live today. They have often been the source of many of the rights that we enjoy.

It is inevitable that political activity will bring terrorists and non terrorists together. Very often, the latter will not even be aware that the former are involved in terrorism. The planning of terrorist activity is by its nature secret, of course. In order to determine whether a person is part of a terrorist network, as we saw in the Arar case, security organizations will monitor a person's contacts. For a judge to be able to order incarceration and, subsequently, the imposition of bail conditions, it is sufficient that the judge be convinced, and I quote, “that the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer's grounds and the gravity of any terrorist activity that may be carried out”.

In other words, the apprehension of serious terrorist activity and grounds that appear founded will suffice.

It should also be noted that the person arrested need not be the one that is thought likely to commit a terrorist act, but only and simply a person whose arrest “is necessary to prevent the carrying out of the terrorist activity”.

There is an important nuance there that is both astonishing and disturbing. It can include innocent people who are unaware of the reasons for which terrorists are soliciting their aid in a planned activity while concealing the real reasons they are asking for aid.

Some see in the reference to section 810 of the Criminal Code an indication that our criminal law already uses a procedure similar to that set out in section 83.3. While there is a similarity in the procedure followed in these two sections, there is a very big difference in the consequences of applying these two sections.

Section 810 states that a person can be summoned, not arrested, before a judge, who can order that person to be of good behaviour.

After listening to all the parties and being satisfied by the evidence adduced that there are reasonable grounds for the fears, the judge cannot commit that person to a prison term unless the person refuses to sign the recognizance.

If the person signs the recognizance and respects the conditions, he or she remains at liberty, will not be sentenced and will thus have no criminal record.

This provision and section 83.3 that we rejected are very different in nature and have radically different consequences. There is also no comparison between the impact that the use of section 83.3 and section 810 would have on someone's reputation.

When the decision is made to depart from the fundamental principles underlying our system of criminal law, there is always a risk that these measures will later be applied in a manner totally different from those foreseen. That was the case with the imposition of the War Measures Act in 1970, which saw the incarceration, among others, of a great poet, a pop singer, numerous relatives of people charged with terrorist activities and almost all the candidates of a municipal political party.

In light of this analysis, we decided not to support the extension of this measure. For one thing, it is of little, if any, use in the fight against terrorism, and second, there is a very real danger of its being used against honest citizens. In addition, a terrorist activity deemed dangerous can be disrupted just as effectively, and in fact more effectively, by the regular application of the Criminal Code.

As we mentioned on several occasions, Bill S-3 is virtually identical to the two measures that were abolished, namely the investigative hearing, under sections 83.28 and 83.29 of the Criminal Code, and the recognizance with conditions, under section 83.3 of the Criminal Code. Except for a number of technical amendments, such as the rewriting of some parts to make minor clarifications, there are only three substantive changes.

Let us take the change made to the investigative procedure. As regards the standardization of that procedure, the “old” investigative process made a distinction based on whether the terrorism offence had already been committed, or was going to be committed.

In a case where the terrorism offence had not yet been committed, the judge had to be convinced—in addition to meeting other criteria—that “reasonable attempts have been made to obtain the information”—

Criminal CodeGovernment Business

1:25 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

It is with regret that I must interrupt the hon. member for Beauharnois—Salaberry.

The hon. member for Vancouver East is rising on a point of order.

Business of the HouseGovernment Business

1:25 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am sorry to interrupt the member in the last moment of her speech but keeping my eye on the clock, I believe you would find unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practice of the House, between noon and 2 p.m. on Monday, April 28, the Chair shall not receive any quorum calls, dilatory motions or requests for unanimous consent.

Business of the HouseGovernment Business

1:25 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

Does the hon. member have the unanimous consent of the House to move the motion?

Business of the HouseGovernment Business

1:25 p.m.

Some hon. members

Agreed.

Business of the HouseGovernment Business

1:25 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

Business of the HouseGovernment Business

1:25 p.m.

Some hon. members

Agreed.

Business of the HouseGovernment Business

1:25 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

(Motion agreed to)

The House resumed consideration of the motion that Bill S-3, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), be read the second time and referred to a committee.

Criminal CodeGovernment Business

1:30 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

When we return to the study of Bill S-3, the hon. member for Beauharnois—Salaberry will have 10 minutes left for questions and comments.

Employment Insurance Surplus Transfer ActPrivate Members' Business

1:30 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

The hon. member for Abitibi—Témiscamingue is not present to move the order as announced in today's notice paper. Accordingly, the bill will be dropped to the bottom of the order of precedence on the order paper.

It being 1:30 p.m., the House stands adjourned until Monday, April 28 at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 1:30 p.m.)