Yasmin Ratansi

[Tackling Violent Crime Act, November 26th, 2007]

Mr. Speaker, as I was mentioning, as parliamentarians we have to be cognizant and not pass bad legislation. We have to ensure that we do not interfere in the justice process as well.

These bills were thoroughly debated when they came before committee. Bills have to be handled properly if they are to get through Parliament. If they are to be handled properly, they have to be prioritized. It appears the Conservatives have no priorities. They only want to create a hodgepodge of stuff.

On October 26, 2006, the Liberals offered to fast track a package of justice bills through the House. These included Bill C-9, as it had been amended, Bill C-18, the DNA identification legislation, Bill C-19, the street racing legislation, Bill C-22, the age of consent legislation, Bill C-23, the animal cruelty legislation and Bill C-26, respecting payday loans. This offer effectively guaranteed that the Conservatives would have a majority to pass the legislation.

On March 14, the Leader of the Opposition added Bill C-35, the bail reform legislation, to the list of bills the Liberal caucus would fast track. Despite this offer, it took the Conservatives until May 30 to get the bill through committee. If the Conservatives were so keen on being hard on crime, as they have claimed, they should have taken this offer.

According to a report entitled “Unlocking America: Why and How to Reduce America’s Prison Population”, produced by the JFA Institute, the tough measures, which the government claims it is bringing through its omnibus bills, are costly and pointless. The report says that due largely to tough on crime policies, there are now eight times as many people in U.S. prisons and jails as there were in 1970, yet the crime rate today in the U.S. is about the same as it was in 1973. There is little evidence that the imprisonment binge has had much impact on crime.

As legislators, we are supposed to be here to pass good legislation, not bad legislation. We are here to debate and to amend. Amendments were proposed to the bills and the members of the Conservative Party on the committee did not want to pass them.

It is important that we reflect on what these bills talked about.

Bill C-10 talked about minimum penalties. It proposed five years for a first offence and seven years on a second or subsequent offence for eight specific offences involving the actual use of firearms, attempted murder, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, extortion and when the offence was gang related or if a restricted or prohibited firearm such as a handgun was used.

The bill was brought to committee and the committee made the necessary amendments. The committee still has very grave concerns that the bill needs to be properly documented and it has to be properly put in place so legislators know the intent of the legislation.

There is the creation of two new offences, an indictable offence of breaking and entering to steal a firearm and an indictable offence of robbery to steal a firearm. There is no difference with the version of Bill C-10, which passed through the House, and the language used in Bill C-2.

The question to be asked is why then group this in an omnibus bill? No one on the government side seems to give us an answer. All the members do is repeat their mantra that they are hard on crime. However, as I pointed out, the U.S. crime policy, which they so desperately want to follow, fails the system. It does nothing right.

Bill C-22, which was the age of protection bill, proposed to raise the age at which youth could consent to non-exploitative sexual activity. The age would be raised from 14 to 16 years of age and the age of protection of 18 years would be maintained for exploitative sexual activities.

Through amendments, the committee brought about a five year close in age. This was not there when it was proposed by the government. Therefore, another question arises. What happened to the good amendments in the mandatory minimum penalties in the age of protection?

What about Bill C-23, which was criminal procedure? According to the Official Languages Act, the committee ensured that there were changes to the bill. We said that a person who was a French-speaking person, if he or she were in court, should get a French counsel. It is important to protect language rights. In a country that has two official languages we have to protect minority rights as well. Why is this bill not mentioned at all?

Bill C-27 deals with dangerous offenders. It would provide that an offender who was serving a long term supervision order in the community and who was violating the conditions of the order would be guilty of an offence and the crown could choose to hold a dangerous offender hearing following convictions.

That was originally proposed by the Liberal justice critic. The bill would expand the possible sentence available to a judge following a finding that an individual would be a dangerous offender. The judge could now impose a long term supervision order or simply impose the sentence for the offence for which the offender had been convicted in addition to the previous option of detention in prison for an indeterminate period, which was previous available.

The Conservatives love to introduce bills. They want to take credit for a lot of things and make it on the six o'clock news. If something does not make the six o'clock news, like Bill C-23 because it was protecting minority language rights, they do not bother.

The last bill I will speak about is Bill C-32, the drug recognition experts to conduct roadside sobriety tests. It is good to promise all sorts of things, but there is no funding. When we do not have funding, how will we get these experts? For example, in Seacow Pond where would we get a person who is an expert?

It is very important that when we prepare bills and we make promises, those promises have to be kept. We have to provide the legislators with enough resources.

[Tackling Violent Crime Act, November 26th, 2007]

Mr. Speaker, I am pleased to rise to speak to Bill C-2. The bill, which is an omnibus bill, combines five previously introduced Conservative justice bills into one, Bill C-10, Bill C-22, Bill C-27, Bill C-32 and Bill C-35.

Canadians need to know what exactly this omnibus bill is really about. It is an omnibus bill that tries to combine five pieces of legislation together. Why is it necessary to combine all these bills and how will it affect legislators?

What is the intent of the Conservatives in getting all these bills together when they were fast-tracked previously? They were debated in committee thoroughly, amendments were made, and these amendments strengthened the bill and the legislation.

We, as parliamentarians, have a responsibility, and the responsibility is to be cognizant--

[Canadian Executive Service Organization, November 23rd, 2007]

Mr. Speaker, I rise today to recognize the volunteer efforts of a constituent of Don Valley East, Mr. Jaan Arro, who served with the Canadian Executive Service Organization in Belgrade, Serbia.

During his assignment, Mr. Arro used his experience as a human resource professional to assist the development of a local company that is emerging in a struggling economy.

This year Canadian Executive Service Organization is celebrating its 40th anniversary. Since 1967, highly skilled Canadian volunteers have been using their professional expertise and experience to help others achieve their goals.

Volunteers like Jaan place Canada highly on the international stage. Mr. Arro and his fellow volunteers have truly earned Canada a reputation as a caring and compassionate country.

[Immigration and Refugee Protection Act, November 20th, 2007]

Mr. Speaker, I am aware of the special advocate's resigning. That is why I insisted that we send the bill to committee. It is important that the committee review the role of the special advocate, and whether enough money and resources are being given to the special advocate.

Other areas in the bill provide that a person detained under the security certificate must have his or her detention reviewed by a judge of the Federal Court within 48 hours. The bill permits a challenge to the Federal Court of the reasonableness of a security certificate.

Yes, the bill is flawed, but it is important to get the bill to committee so that the committee members can do due diligence and review it thoroughly.

[Immigration and Refugee Protection Act, November 20th, 2007]

Mr. Speaker, I thank the hon. member for her concerns.

The current bill that is being proposed needs to go before committee. It has the role of a special advocate. The special advocate's job is to ensure that he or she is present and that the person who is accused of terrorism or crimes against the country is not left in the dark, that there is a special advocate available to listen and to ensure that that protection takes place.

That is why we are insisting that this bill go to committee. The committee has do its due diligence in ensuring that the recommendations of the Supreme Court are met. The committee must do a thorough analysis.

[Immigration and Refugee Protection Act, November 20th, 2007]

Mr. Speaker, I am pleased to speak to Bill C-3, An Act to amend the Immigration and Refugee Protection Act, a bill, which, as my esteemed colleague has said, deals with issues around the security certificate.

As has been mentioned, security certificates do pose a challenge in terms of human rights. The Supreme Court of Canada ruled unanimously on February 23, 2007, that the process of determining the reasonableness of security certificates violated section 7 of the Charter of Rights and Freedoms.

The Supreme Court was very clear. The government does require a mechanism to remove individuals from Canada who pose a threat to national security. However, the system must be reformed and the court had particular concerns with respect to the secrecy of the judicial review system, which prevents individuals from knowing the case against them and, hence, impairs their ability to effectively challenge the government's case.

The Supreme Court agreed that the protection of Canada's national security and related intelligence sources does constitute a pressing and substantial objective, but it is also found that the non-disclosure of evidence at certificate hearings is a significant infringement on the rights of the accused.

In other words, the government must choose a less intrusive alternative, notably the use of special counsel to act on behalf of the named persons, while protecting Canada's national security. The Supreme Court gave Parliament one year to allow Parliament the opportunity to design a legislative remedy that protects Canadians and respects basic charter rights.

Bill C-3 would amend the Immigration and Refugee Protection Act to create a special role, the role of a special advocate. The purpose of the special advocate is to protect a person's interest in proceeding where evidence is heard in absence of the public and of the person or their counsel. This should provide better representation to the person who is detained.

We would like to see the bill be sent to committee as we want to ensure that the role of the special advocate has powers, that it is not just a puppet. Hence, the bill, with its various changes, needs to be sent through for a thorough review.

The bill proposes some changes that are positive. For example, when people are detained under a security certificate, the bill proposes that the people detained must have their detention reviewed by a judge of the Federal Court within 48 hours of the detention beginning. Any person still detained six months after the conclusion of the first review may apply for another review of the reasons for his or her continued detention.

Currently, we have five Muslim men who are subjected to security certificates in Canada. Only one man, Hassan Almrei, , remains at the Kingston Immigration Holding Centre, which has been nicknamed by critics as Guantanamo north.

Mohamed Harkat, Mohammad Mahjoub, and Mahmoud Jaballah have all been released from prison but are under strict house arrest provision, as is Adil Charkaoui who successfully challenged the previous laws as unconstitutional.

The immigration security certificate procedure still allows suspected terrorists, as well as refugees and landed immigrants accused of human rights violation or serious criminality, to be detained and deported from Canada. However, many deportations have been delayed over claims that their lives will be endangered should they return to their country of origin.

Critics of the security certificate process have slammed the current bill saying that it changes little and will likely be back before the Supreme Court before long. Matthew Behrens, the coordinator of the campaign to stop secret trials in Canada, says that the legislation would continue to leave the accused in the dark. He said that it would also allow evidence to be heard that would be considered inadmissible in a court case against a Canadian citizen.

The bill has also faced criticism from the Canadian Council for Refugees, the International Civil Liberties Monitoring Group and the Canadian Arab Federation.

The bill which is before us is similar to current laws in Britain where special advocates attend closed door hearings. The British system has drawn complaints for the special advocates' lack of necessary cooperation and information from intelligence agencies to be effective.

These are some of the concerns and therefore, it is important that the bill be sent to committee for further review before we make any decisions.

The Supreme Court laid out several options it would consider appropriate. Both the House committee and the Senate committee, in reviewing the previous anti-terrorism act, spent considerable time on this very issue and provided very clear recommendations on how to address the void left by the court's decision.

We welcome the decision of the Supreme Court on security certificates and praise the wisdom of the court in providing Parliament with a year to address the issue. We need to ensure that this bill, when it is presented before Parliament, has the right tools, meets the Supreme Court challenges, and the committee will do its due diligence in ensuring that the security certificates do not violate the human rights of Canadian citizens and are mindful of issues.

We live in a world where global terrorism can come to our doors in no time. It is important to protect the security of Canadians; however, we need to ensure that we are in line with the Geneva convention on human rights.

[Airbus, November 16th, 2007]

Mr. Speaker, the minister is just grasping at straws. Words in the House of Commons do not change the legal mandate.

Canadians want to know what the Prime Minister knew about the allegations against his political idol and chief Quebec adviser. Dr. Johnston's written marching orders handcuff him from looking at what steps the government took over 22 months to shield Mr. Mulroney.

Will the government make it clear, in writing, that the government itself is included in Dr. Johnston's review?

[Airbus, November 16th, 2007]

Mr. Speaker, legal experts agree with the official opposition that Dr. Johnston's mandate is constrained because it is limited to a review of Mr. Schreiber's allegations about his financial dealings with Brian Mulroney.

In other words, it does not include any examination of how this deeply conflicted government has managed this whole mess, nor will it answer the key question about what the government knew and exactly when it knew it. Why is it so?

[Poverty, November 16th, 2007]

Mr. Speaker, thanks to the former Liberal government, Canada now enjoys federal surpluses and the freedom to plan a better future not only for ourselves but for future generations.

Unfortunately, the Conservatives are squandering this precious opportunity on poorly planned cuts to the GST, boutique tax gimmicks, with absolutely nothing to alleviate child poverty in this country. Even the Canadian Taxpayers Federation, a group once headed by the current Prime Minister, has condemned the Conservatives' tax announcements.

Last week the leader of the Liberal Party put forth a solid action plan to cut child poverty in half within five years. This plan would also reduce the number of Canadians living below the poverty line, especially seniors, and would deliver necessary tax relief to low income Canadians.

[Canada Elections Act, November 15th, 2007]

Mr. Speaker, the Liberal Party is the party of the Charter of Rights and Freedoms. The Liberal Party believes in the Charter of Rights and Freedoms and it will uphold the Charter of Rights and Freedoms whether one is a veiled woman or not a veiled woman or whether one is white, purple, pink or black, because that is what the charter states. We do not distinguish. We do not discriminate against gays or sexual orientation, et cetera.

Therefore, by singling out veiled women, the government has seized an opportunity to look at visible signs of differences, so next it will go after beards, turbans or whatever. That is what it will do. The rights of every citizen have to be protected. As Canadian citizens in this pluralistic society, a society where immigrants are one in five, we need to behave like Canadians, but we do not have to be a monolith.

In light of this and in the absence of any security concerns, I do not know why this is such a prejudicial bill.