Anti-terrorism Act

An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism

This bill is from the 37th Parliament, 1st session, which ended in September 2002.

Sponsor

Anne McLellan  Liberal

Status

This bill has received Royal Assent and is now law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-36s:

C-36 (2022) Law Appropriation Act No. 4, 2022-23
C-36 (2021) An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech)
C-36 (2016) Law An Act to amend the Statistics Act
C-36 (2014) Law Protection of Communities and Exploited Persons Act

Access to InformationOral Question Period

October 29th, 2001 / 2:40 p.m.


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Progressive Conservative

Peter MacKay Progressive Conservative Pictou—Antigonish—Guysborough, NS

Mr. Speaker, it certainly is not a private lawsuit. The taxpayers are footing the bill.

Time and time again the government has turned its back on concepts of openness and accountability. In Bill C-36 the justice minister's sweeping new powers will indefinitely, if not permanently, hide information from Canadians while sidestepping government watchdogs. Powers of arrest and intercept are expanded, rights are suspended and safeguards against excessive use are minimal.

Given the sense of alarm, will the minister accept sunset clause amendments for intrusive sections of the bill to protect Canadian rights from a cabinet information clampdown?

Anti-terrorism LegislationOral Question Period

October 26th, 2001 / 11:55 a.m.


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Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

Mr. Speaker, the United Kingdom and the United States, the two key players in the war on terrorism, understand that enhanced police powers must be coupled with stronger checks and balances. Both countries have passed provisions for compensation of people whose property or whose person is arrested wrongfully through new anti-terrorism laws.

If the government will not allow for a sunset clause as a way to protect Canadian civil liberties, will it amend Bill C-36 to guarantee full financial compensation for any Canadian who may be wrongfully detained in the new anti-terrorism dragnet?

Anti-Terrorism LegislationOral Question Period

October 26th, 2001 / 11:30 a.m.


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Vancouver Quadra B.C.

Liberal

Stephen Owen LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, the hon. member brings up a good point and that is the advice coming from the Senate and the House committees looking into Bill C-36. The Prime Minister and the Minister of Justice have said in the House repeatedly that the government, while it has put forward preferred options, is willing to consider all reasonable advice coming from those committees.

Anti-Terrorism LegislationOral Question Period

October 26th, 2001 / 11:30 a.m.


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Bloc

Pierre Brien Bloc Témiscamingue, QC

Mr. Speaker, the government and the Minister of Health are bungling when faced with a potential emergency, and their actions show that they feel they can break the law.

At the same time, parliament is working on anti-terrorism legislation, Bill C-36, and a number of voices are condemning the abuse that could result from this legislation.

Since the government is clearly showing that it overreacts in a crisis, is the Deputy Prime Minister prepared to make major amendments to Bill C-36 and include, among other provisions, sunset clauses?

Customs ActGovernment Orders

October 24th, 2001 / 4:35 p.m.


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Progressive Conservative

Bill Casey Progressive Conservative Cumberland—Colchester, NS

Madam Speaker, that is an excellent question.

We cannot separate trade from security in our relationship with the United States. Eighty-four per cent of our trade is with the United States. Every truck, every shipment, everything that goes across the border involves security. Many aspects of Bill S-23 deal with allowing trucks to flow freely back and forth without inspection at the border by arranging for prior inspections. This is absolutely contrary to the atmosphere now in the United States and in Canada. We are not talking about expediting transportation now. We are talking about increased security. That is just the opposite.

Many aspects of Bill S-23 were to allow for electronically transmitted information and pre-clearance based on profiling and audits on previous business and things like that. We have to come to an understanding with the United States on whether or not it is going to accept that philosophy prior to passing any bill, either Bill S-23 or the proposed omnibus bill that we hear hints of from the government, which will deal with transportation issues. It is supposed to be the second bill after the terrorism bill, Bill C-36. We understand it is coming, that it is being drafted now. We have not seen it yet, but many aspects of it will impact on Bill S-23.

Anti-terrorism LegislationOral Question Period

October 23rd, 2001 / 2:55 p.m.


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Progressive Conservative

Peter MacKay Progressive Conservative Pictou—Antigonish—Guysborough, NS

Mr. Speaker, Canada's watchdogs have clearly indicated that the new anti-terrorism bill goes too far in denying disclosure of information to Canadians and that it is open to abuse. Both the privacy and information commissioners were clear and forceful in condemning the attempts at secrecy by the government.

Proposed amendments to Bill C-36, to the Privacy Act and the Access to Information Act give the government overreaching powers to, without explanation or oversight, refuse to disclose. Without sunsetting, this bank of information will be permanently lost.

Why is the government now using the security threat to try to justify a clampdown on the free flow of information?

Anti-terrorism LegislationOral Question Period

October 23rd, 2001 / 2:25 p.m.


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York Centre Ontario

Liberal

Art Eggleton LiberalMinister of National Defence

Mr. Speaker, Mr. Bisson's comments were directed specifically at that portion of the bill that relates to the communications security establishment. He quite clearly indicated that his use of the word exorbitant was in the sense of being out of the ordinary and not excessive. In fact, I have a written letter from Mr. Bisson who supports the amendment in Bill C-36 for the communications security establishment.

SupplyGovernment Orders

October 23rd, 2001 / 10:30 a.m.


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Waterloo—Wellington Ontario

Liberal

Lynn Myers LiberalParliamentary Secretary to the Solicitor General of Canada

Mr. Speaker, I want to say I agree with the Leader of the Opposition insofar as I do believe that we on this side of the House do look at people in general as being good people.

However we are not naive and we have put in place these kinds of measures with respect to security in Canada, not only with customs and immigration but also with respect to CSIS and the RCMP.

For example, I just came from the justice committee of which I am a member. We listened to Commissioner Zaccardelli and Mr. Elcock talk about the kinds of measures being taken in this all important area. It is now a different world as a result of what took place on September 11. As a result we need to take extraordinary measures. That is exactly part of what Bill C-36 says.

It is important that we as a government, in a balanced and fair approach, with a measured response and with the kinds of responses necessary in keeping with the charter of rights and freedoms, maintain the kind of system that has, I believe, Canadian values at the core.

What I want to ask the Leader of the Opposition, however, is this: Does he think there is anything to be gained by fearmongering as he and his party are doing? Does he think there is anything to be gained by pitting people against people, group against group, province against province, as he often does? I would be interested in hearing his response, because what he always does, it seems to me, is try to stir up fear when really what we should be doing is taking a calming approach and making sure that we approach this problem with dignity and with the kind of steady response that I believe the government has given. I would be interested in his response.

SupplyGovernment Orders

October 23rd, 2001 / 10:05 a.m.


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Okanagan—Coquihalla B.C.

Canadian Alliance

Stockwell Day Canadian AllianceLeader of the Opposition

moved:

That, as part of a continental perimeter initiative to secure Canada's borders and protect the security of Canadians and our neighbours, and to protect our trading relationships, this House calls on the government to:

(a) provide both Immigration officers and Customs officers enhanced training and full peace officer status to allow them to detain and arrest suspected criminals or terrorists at the border;

(b) move Customs border officers out of the tax collection agency and into a law enforcement agency;

(c) detain all spontaneous refugee claimants appearing without proper documentation until their identities are confirmed and they have cleared proper health and security checks; and

(d) create a list of safe third countries, including the United States and member states of the European Union, from which Canada will no longer accept refugee claimants.

Mr. Speaker, I rise today to present the official opposition's motion on some of the steps necessary to create a continental security perimeter.

The Canadian Alliance supports the concept of a security perimeter. We have talked about it at length. It has also been proposed by others and by the U.S. ambassador to Canada, Mr. Paul Cellucci. Those of us who have proposed this have done so for several reasons.

First and foremost, we believe the perimeter concept is the best way to ensure the safety and security of Canadians.

Second, it would help ensure the safety and security of our friends and neighbours in the United States.

Third, it would help ensure that the vital flow of trade between Canada and the United States, which is some $1.3 billion per day every day of the year, continues.

Fourth, by enhancing our ability to protect ourselves and our economic arrangements we enhance our own sovereignty. We become less subject to those who would abuse our openness and generosity and we increasingly become masters of our own destiny, truly maîtres chez nous.

In recent weeks we have proposed that a federal-provincial summit be held to study the feasibility of this security perimeter. The Liberal government in its arrogance has, of course, reminded us that in its vision of Canada, which is out of touch with reality, the provinces have no place in decision making on this.

Yet, as far as public safety and security are concerned, Quebec and Ontario have their own police services. As far as immigration is concerned, Quebec and Alberta have a say. Rather than always perceiving provincial involvement as a threat, the Liberal government would be better off seeing it for what it is: an essential input from which everyone stands to benefit.

A North American security perimeter would mean harmonizing our borders and immigration policies with our neighbours, sharing common standards.

The perimeter involves harmonizing customs and immigration policies among Canada, the United States and perhaps Mexico to ensure that there are common and regular standards on our external frontier so that we do not have to slow down internal trade and we do not have to excessively infringe upon the rights of our own citizens domestically. Harmonizing does not mean giving up our controls. As a matter of fact, it would mean increasing control of our own territory and entering into an arrangement where we would be certain that our neighbours at the same time would be monitoring their borders with proper controls also.

This may involve certain things, for example, creating a common list of countries that we regard as safe countries. I will talk further about that in a moment. It may involve joint customs inspections at airports, both in North America and abroad. It may involve border stations where the United States and Canadian agents work more closely together. At a very minimum, any effective security perimeter will have to involve measures like the ones we propose in our motion.

Canada customs officers and immigration officers will have to be designated as full peace officers with the power to detain and arrest suspected criminals and terrorists. This will require that they have enhanced training and enhanced equipment.

Second, customs officers in particular have requested that they be removed from the Canada Customs and Revenue Agency. That agency is at root a tax collection agency. These customs officers should be placed in a designated law enforcement agency, perhaps an enhanced border control, that would fall under a law enforcement oriented department, such as the solicitor general.

Next we will need to have a firmer policy at the border so that surprise arrivals, who spontaneously claim refugee status at airports or at border crossings without proper documents such as passports or identity cards, should be detained, and not as the minister says “for a while” or “while certain checks are done” but until their identity is established and it can be determined that they do not present a health or security risk to Canadians.

Finally, there are a number of countries, including the United States and the member countries of the European Union, which are in compliance with article 33 of the Geneva convention on refugees. That means that these countries, like Canada, which are free and democratic and which are civilized and have an established history of protecting the human rights and interests of all people in their countries, are called safe countries according to that Geneva convention because they do not persecute, threaten or torture people for religious, political or other reasons. No persons in these countries deemed safe, such as Canada, could legitimately claim that they would be tortured or persecuted because of religious, political or other reasons.

People arriving from countries deemed as safe should not be accepted as refugee claimants. Persons arriving from these countries, countries like Canada, Sweden and Holland, who try to claim refugee status saying that they would be tortured back in the country from which they came should be put on the next plane or bus and sent back to the safe country from which they came.

In short, the motion presented by the Canadian Alliance today particularly addresses providing our customs officers with enhanced training, ensuring that those who turn up at our airports without identity papers are detained until they are identified and we are sure that they do not represent a threat to our security, no longer accepting refugees from the United States or member states of the European Union, and if such people turn up at our borders claiming refugee status, deporting them immediately.

To most members of the general public, these would sound like basic and common sense proposals.

Our customs and immigration officers should have the tools and training they need to do their job. Canada should not accept refugees from first world safe nations or those who are trying to identify themselves as such.

I am sure in the debate today we will hear members of the government claim that these are radical policies, Draconian or un-Canadian. This is the inevitable Liberal reaction to any ideas which originate from the Canadian Alliance.

It was the German philosopher, Arthur Schopenhauer, who once said that all truth goes through three stages: first, it is ridiculed; then it is violently opposed; and then if it is truth, it is accepted as self-evident.

That has been the pattern of so many of the policies presented by Canadian Alliance members and members before us on this side over the years. When we talked about reducing and getting rid of deficit and debt, we were called extreme; it was violently opposed; and then it was accepted by the Liberals. So many of our policies followed this pattern.

I have no doubt that some speakers on the government side today will express a mixture of ridicule and violent opposition to our proposals. However, I have no doubt that in a few months, the Prime Minister will agree to a very similar list of the proposals that we are presenting today. He will do that in a press conference, probably with President Bush, likely claiming that these were obvious ideas which he had supported all along. Watch for that to happen. This has been the pattern of the federal Liberal government since the beginning of the response to the terrorist attacks of September 11.

As early as September 15, I and others spoke to the House about two great imperatives in the response to these terrorist attacks. I said that Canada would need, as our British and American allies already had, comprehensive anti-terrorism legislation. I said that Canada should not hesitate to fulfill our obligation under article 5 of the NATO treaty to provide military assistance to our friend and ally, the United States.

At first, the government response was that these steps were an unnecessary overreaction and that there was no need to adopt such extreme measures. However, barely five weeks later, the government has now tabled anti-terrorism legislation that has many of the very suggestions of the Canadian Alliance in a motion that the Canadian Alliance tabled and the government voted against on September 18. Thankfully, the government has finally committed to military support in the U.S. military intervention in Afghanistan; it was deemed not to be an overreaction.

I have no doubt that whatever the government talking points tell members to say today, and however the whip tells Liberal MPs to vote this evening, in a short period of time, in either the second round of anti-terrorism legislation or at a Canada-U.S. or Canada-U.S.-Mexico summit, we will see the government proudly introducing measures along the lines we are suggesting today.

I would ask the government members who will reply to the opposition supply day motion today to be very careful in what they say about our proposals and to remember the words that Prime Minister Trudeau wrote on his question period briefing book: “May my words today be soft and tender for I may have to eat them tomorrow.”

The focus of the motion is on providing a safe and secure border for Canada.

The government has gone to extreme and far reaching attempts in proposing to reach into the lives of Canadians with criminal justice legislation. Bill C-36 will provide for new and unprecedented powers, like the right to make preventive arrests, the ability to shut down websites for content that it may deem to be hateful and the ability to permanently lock access to information on national security or diplomatic grounds without even offering the possibility of review to the information commissioner.

Some of these new powers may well be necessary, and the government will argue for that. We will listen, we will take part and we will support where we feel that is necessary. Some may, indeed, be overdue additions to the new law enforcement arsenal that is required. However, there are some matters in Bill C-36 which will raise valid concerns about civil liberties.

The one question that keeps coming back to my mind is: Why has the government been so hasty to introduce legislation which will infringe, perhaps justifiably, on the rights of Canadian citizens domestically, but it has done almost nothing to prevent the arrival of potential terrorists here from abroad? I do not understand this contradiction.

If Canada presented a solid frontier at the border and terrorists and criminals knew they had little chance of making it in, then there would be no need for some of the powers the government is bringing in under Bill C-36. We need wiretap powers because over 50 international terrorist groups are known to operate in Canada. With very few exceptions, almost every one of the suspected terrorists originated from another country. If these groups had been prevented from establishing themselves here in the first place, we would have no need to provide new sweeping wiretap powers.

Sergeant Philippe Lapierre of the RCMP's national security and intelligence section, the counterterrorism unit, spoke at the international conference on money laundering in Montreal last week. He pointed out that terrorist groups operating in Canada follow a common modus operandi. I am being careful to say that he was talking about terrorist groups and potential terrorists. That is who we are talking about, not all refugee claimants. We will be very upset if we get accused of that again today. We are talking about suspected terrorists.

This is what the distinguished member of the RCMP said:

Some people are sent here with a mission and some people come here on their own and are recruited. But once here, they all have the same MO (modus operandi).

He said that first they would claim refugee status, allowing the claimant to remain in Canada while their case worked its way through the system, which as we all know can take years. Then they would apply for benefits in Canada, welfare and health cards that provided an income stream while they got established. Next they would link with other criminals and terrorists to commit petty theft, economic fraud and other supposedly invisible crime. Then they would launder the money through legitimate businesses which then could be used to finance terrorist operations in Canada or abroad.

The pattern is common and the RCMP have seen it at work in different cities with different terrorist groups across Canada. Again I repeat it is not all refugee claimants. It is different terrorist groups across Canada. If we can break the cycle, we can do much to break the influence of terrorist groups in Canada. That is why I believe we can win this war if we fight it properly. The place we have to start is with tougher enforcement at the Canadian border.

In reference to Bill C-36, the Minister of Justice has said that its sweeping powers are necessary because we have to stop terrorists before they get on planes in Canada. She went on to say that when they got on planes intending to commit hijackings and killings, it was too late. We agree with that. The best way to ensure that terrorists do not get on our planes on our soil is not to allow them off the planes arriving in Canada in the first place.

Let me focus on one area of this debate which I believe will prove to be contentious. I have said in the House on several occasions that I believe people who arrive in Canada and spontaneously claim refugee status without proper identification or under suspicious circumstances, and I am not talking about all refugees, should be detained until their identities can be confirmed and until they have passed security clearance to ensure that they do not pose a danger to Canadians.

The minister of immigration, who is not known for using words which are soft and tender, said that this proposal of ours, which most Canadians would call common sense, was in fact “one of the dark moments in Canadian history”. She also said that it was nothing less than a proposal for penal colonies in Canada. We have never suggested such a thing and that is a departure from rational debate for her to even suggest that. Unfortunately, this reaction is only too typical of this minister who resorts to fearmongering and name calling in too many situations only to hide the weakness of her own logic and inaction.

When children are in schoolyards and their schoolmates call them names, they react with the chant: “Sticks and stones may break my bones, but names will never hurt me”. Unfortunately, in politics name calling can hurt. The Canadian Alliance knows only too well that a common and underhanded strategy of the government is to name call when it is losing the debate or when its reason is lacking. We also know that name calling can hurt because unfortunately it is easier to report than the substantive argument that triggered the irrational insult.

Even though we know that names can hurt us, we also know that the sticks and stones of an exploding building or a falling skyscraper can do more than break bones. It can cause death and destruction. We will run the risk of being politically hurt, through this reported but irrational name calling, and press on to propose the things that we know will make our nation a stronger and more peaceful land than it is already today.

The minister assures us that Canada can and does detain any people that immigration officers deem to be a security risk. Therefore, there is no need to detain the thousands per year who show up here without proper documentation. In saying this she contradicts her own department's admonitions about the very limited conditions under which they can resort to detention.

The government's detention policies state clearly that detention is considered only as a last resort and that even people with criminal records are not necessarily to be detained unless there is substantial reason to believe that they will reoffend while in Canada. I am sorry but when it comes to predicting criminal behaviour or who might reoffend the government has a hopeless record. It needs to have laws which detain those who might be a menace to our security.

Imagine a 25 year old man arriving in Canada from a country in the Middle East or North Africa where there are active terrorist groups, which have been named by CSIS, the United States and British governments and which are not declared to be safe under article 33 of the Geneva convention. The person says he wants to claim refugee status, that he does not have a passport because he used false documents to get to Canada and that he destroyed the documents on the plane. If there is no evidence to tie such a person to specific criminal activities, it would be hard under the current refugee detention guidelines for this person to be detained. It is unacceptable. We must have the power in place to detain such individuals.

Between now and the time in which legislation will finally come in, how many people with terrorist or criminal intent will walk away from our border points when they could have and should have been detained?

I respect the Liberal MPs who in 1998 recommended in a committee the very same things we talked about today. I ask them to consider the integrity of their loyalties. I understand the politics of following what a cabinet minister wants, but this is about more than the aspirations of a future cabinet minister or the fear of the whip. It is about doing the right thing. It is about something that could be a matter of life and death. It is about the only too real possibilities of what shameless and evil terrorists might do.

In 1998, when Liberals recommended the very things that we are asking for today, there was not much North American evidence of just how evil terrorists could be. Today, in a devastated crater in New York City, there are at least 6,000 reasons to motivate us all. I encourage all MPs to vote tonight on the side of what is right and just; on the side of peace, protection and freedom.

Foreign Missions and International Organizations ActGovernment Orders

October 22nd, 2001 / 4:05 p.m.


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Progressive Conservative

Peter MacKay Progressive Conservative Pictou—Antigonish—Guysborough, NS

Mr. Speaker, I listened with great interest to the comments of my valued friend and colleague. I will refrain from making any reference to this mantra of free speech or any reference at all to the ability to speak our minds because I think my friend, more than anyone in the House perhaps, has come to appreciate this a great deal.

He spoke about the possible interference within government agencies, particularly the RCMP. We see that time and time again, even on a bill as important as the new anti-terrorism bill, Bill C-36, where at the outset of the bill going to committee, both here in the House and in that other place, the Prime Minister made comments from outside the country as to the outcome of the deliberations with respect in this instance to the sunset clause.

My friend also alluded to government becoming too large and interfering,particularly in property rights. I am reminded of an expression I heard that any government that is large enough to give us everything we want is certainly large enough to take everything we have. I think that expression ran through his speech as well.

Would the member expand further on this concept of parliamentary ability to do its work? The government and the Prime Minister, in particular, through his office and through his reach, which we have seen at APEC where Jean Carle was doing his bidding and through the Shawinigan affair where the BDC was called upon to make certain interventions, all of that is very indicative of a government that does not respect parliamentary democracy. I would encourage my friend to comment further.

Foreign Missions and International Organizations ActGovernment Orders

October 22nd, 2001 / 3:40 p.m.


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Canadian Alliance

Monte Solberg Canadian Alliance Medicine Hat, AB

Mr. Speaker, I also want to congratulate my friend, the member for Cumberland--Colchester, on his efforts in bringing together the Israelis and the Palestinians. As he probably knows, he has taken on a Herculean task. Nevertheless, every effort helps and at some point will be able to break the camel's back or one more straw will destroy the enmity between the Israelis and the Palestinians.

It is my pleasure to speak to Bill C-35. I want to continue down the same path that my friend from Crowfoot started down. Not long ago he gave an excellent speech in this place about some of the concerns that we have about the separation between the people who enforce the law, the RCMP, and the government.

When there is a real embarrassment facing the government, if it had the opportunity, the temptation would be to use the RCMP or any police force to try and cover up that embarrassment. I will not suggest that this government is prepared to do that, but there have been concerns in the past and we all know that. I am speaking of the APEC affair or the airbus affair of which my friend spoke. There was enough evidence in the APEC affair to warrant our concern about that possibility. In the airbus affair, we saw evidence that the government did what it could to pursue a former prime minister to the point where it cost Canadian taxpayers $3.4 million.

In Canada we have taken our freedoms for granted. For a long time we have lived in relative peace. We have never really been in a situation, not since Confederation, where our personal liberties have been seriously threatened. There have been times when there have been bumps along the road and at various points Canada has entered into great conflicts. Canadians have always valued their freedom, but unless they are threatened, after a period of time people tend to take their freedom for granted.

One of the greatest innovations of modern times is the idea of limited government. It is important to remember that for a long time in history the normal course of events was for the monarchy, or the government or the church to have all the power while individuals had none. Over the last 800 or 900 years we have seen that change. We have seen more and more rights accumulate to individuals. We should value those rights.

As somebody once said that government is not reasoned. It is not eloquence. It is force. Like fire, it is a dangerous servant and a fearsome master. I believe that is right. That is founded on what we know from history. Governments at various times have intervened in the ability of individuals to pursue their lives as they wished.

Any time a piece of legislation comes along that suggests that more power should accumulate to the government, in this case via the RCMP, we should be concerned. We should watch and make sure that we are not giving away freedoms frivolously or without going trough them to ensure that there is not some other way that we can deal with this. I submit that there is a different way that we can deal with this.

One of the things that legislators in general would be happy to see would be a government that recognized there was concern about its connection to the RCMP and security forces and that it would take some steps to ensure that there was, on the one hand, oversight, but on the other hand, eliminate some of the possible ways that, in this case, the Prime Minister's Office could interfere via security forces to try to cover up some kind of an embarrassment. There are ways to do that.

One way would be to involve this place, through our committees, to ensure that there would be some kind of an oversight capacity. Some people have suggested that we could set up our own committee to specifically deal with those types of things.

Perhaps it would be a subcommittee of the justice committee. It is a good idea to have some committee empowered to ensure that our security forces are not politically interfered with in some way. That is a critical point because at this point we almost leave it solely to the discretion of the ministers in charge as to whether or not they can get involved in some way. We really count on their good will.

I am not suggesting that every day it be challenged in some way, but there are times when governments could be tempted to intervene and in so doing start to limit the freedoms of individuals. At a time of crisis we need to be aware particularly of that possibility.

One possible option would be to set up a subcommittee or committee to have oversight to ensure that if some of these issues arise we have a way to look at them and deal with them.

I heard it said in this place by the justice minister today that there were concerns at this time about whether or not the government would interfere in the rights of individuals, or something like that. There have been many times when the government has interfered with the rights of individuals in Canada. I could point to Bill C-68 and suggest that the government absolutely and completely interfered with the rights of individuals when it brought in that legislation. It completely interferes with our right to private property.

Preceding Bill C-68, and I believe as a part of it, the government through order in council confiscated people's legally obtained firearms without compensation. That is completely contrary to the idea of property rights and the basic freedoms we have established over a long period of time.

Many people believe our basic freedoms were only defined in 1981 with the charter of rights. That is completely wrong. We had hundreds of years of common law tradition before then which really laid down the ground rules for our basic freedoms. Mr. Diefenbaker brought in a bill of rights which put those rights down on paper. I argue that the government violated those rights when it brought in Bill C-68 and started to confiscate firearms.

I argue that when it comes to endangered species legislation the government is on the cusp of interfering with our most basic property rights, again because it is not prepared to offer full compensation for land that is taken out of production in the hope it can somehow protect an endangered species. We have no problem with endangered species legislation, but we believe the government should ensure that the basic rights of people are protected.

There is no more fundamental right than property rights. Some people may question that, but I argue that every right is a property right. My friend from Hamilton nods his head, but every right is a property right. In fact there is only one right and it is the property right: the right to the security of ourselves, the right to control our actions, the right to acquire things. There is but one right and that is a property right in oneself.

When abolitionists were trying to get rid of slavery they used to call it man stealing because people were stealing someone else's person. I argue there is but one right and every other right flows from it: the right to property. The first right we have is the security of our own person. The right to freedom of speech flows from that. The right to freedom of association and the right to keep what we have produced with our hands and our minds all flow from the same source: the right to private property in ourselves.

When we set down laws at a time when we are concerned about having security of our person breached by forces outside our borders, we have to be careful that we do not at the same time breach them by empowering our government to do too much. That is my primary concern with Bill C-35 and actually with Bill C-36 as well, while we are talking about bills presently before the government.

There are other examples of how government has breached our rights even since I have been a member of parliament.

One thing that was most frustrating to me as an MP, as someone who comes from the west, was when the government lost a court case over the Canadian Wheat Board and moved very quickly to plug a loophole through order in council which effectively ensured that the government could stop farmers from the great crime of selling the wheat they had produced on their own land, selling it in that case to someone in the United States.

Even in Canada farmers are not allowed to sell their own wheat. It all has to pass through the Canadian Wheat Board, which is completely contrary to the--

Foreign Missions and International Organizations ActGovernment Orders

October 22nd, 2001 / 3:25 p.m.


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Progressive Conservative

Bill Casey Progressive Conservative Cumberland—Colchester, NS

Mr. Speaker, I am pleased to rise to talk to Bill C-35, an act to amend the Foreign Missions and International Organizations Act. My distinguished colleague, the hon. member for Pictou--Antigonish--Guysborough, has covered much of the law enforcement aspects of the bill and the member for Saanich--Gulf Islands has addressed the international trade issues on behalf of the opposition coalition. I will, relatively briefly, bring up a few issues that are of concern to me.

First, some people refer to this as a housekeeping bill. I have a hard time accepting it as a housekeeping bill. This would affect a lot of different aspects of the way we do things, who does what, who is allowed to do what, the actions of the RCMP and so on. Although it would really correct or update our domestic laws to meet our international commitments, it does define a new or a more explicit role for the RCMP and in that way I find that it is a little more than just housekeeping.

Although I understand the philosophy and the purpose of the bill, I think it would create a double standard. It is a slippery slope that the government is getting on, it seems to me, where it would be establishing two sets of rules. It is saying that Canadians would be subject to the law of the land but foreigners often would not. It would expand that level of immunity and quite dramatically extend who would qualify for the immunity.

Under the bill, new organizations and new groups that are not clearly defined would qualify for immunity from certain aspects of our laws. In the other bill we have before us, the terrorism bill, Bill C-36, I notice a line which states that foreigners might not necessarily have to follow the rules of the firearms control act. I find this a little strange because Canadians obviously have to abide by these laws. It seems like the government is going from one bill to another and establishing a dangerous precedent, so we would have one set of rules for Canadians and another set for many foreigners. This would go far beyond what we have done before in allowing different groups and organizations to be recognized for these benefits.

Another concern is that the government had an opportunity here to address the issue of foreign diplomats who commit crimes or offences while under the influence. We are all very much aware of the awful tragedy that happened in Ottawa when a Russian diplomat ran over two pedestrians, killing one and severely injuring the other. Nothing has happened about that. There has been no accountability. This person had a long record of alcohol offences. Nothing was done to prevent the accident and nothing has been done to hold this person accountable. He was whisked away to Russia very quickly. When our government demanded an investigation and accountability, the Russians said if we wanted that we would have to pay them to send their investigators from Russia to Canada to investigate it. I did not see a lot of commitment on behalf of that foreign government to address this concern that outraged many Canadians.

It will be a long time before we have another opportunity to address these issues. The bill could have done that but it definitely does not. It does not address any of those issues that raised a lot of concerns. It just seems so unfair. People were outraged about the accident. Again, the bill, which reorganizes the Foreign Missions and International Organizations Act, could have dealt with that but did not.

Certainly Canada has to encourage organizations to come to Canada to have their meetings, like the G-8, APEC and so on, and perhaps some of the immunity aspects have to be extended to them. Previously these immunities have been extended only to organizations and nations with which we have treaties, not just organizations that are non-structured or mobile and move around. This makes me wonder what other organizations would qualify for this immunity from taxes and our laws and who could actually commit crimes and not be held accountable. It is just a little scary.

I agree that we have to be in a position to attract these organizations. We are a well respected country and an appealing country for these types of meetings, being relatively safe and secure. We have to be able to provide the amenities and competitive immunities.

However, it seems to me that the bill goes a little too far and is not defined enough on who could qualify for these issues. For instance, it is not clear about interparliamentary meetings and things like that. Under the bill would all these members be immune from criminal prosecution or taxation et cetera?

Another aspect of the bill would change the process for allowing someone with a criminal record to come to Canada. Currently the minister has to provide a minister's permit to allow a person who has a criminal record to come to Canada. The outstanding example of this is Nelson Mandela. Not one of us in the House, I think, would ever question Nelson Mandela's right and privilege to come to Canada, speak with us and meet with us in parliament, but he has a criminal record and he required a minister's permit to allow him to come here. That would no longer be necessary because the permit would be issued under the Foreign Missions and International Organizations Act and would no longer require the minister's permit.

Another part of the bill that was dealt with by the hon. member for Pictou--Antigonish--Guysborough was the RCMP aspect. It is a very important aspect because it very clearly defines who would be responsible when international guests are here. Many people in Canada were outraged about the violence and protests during recent meetings in Vancouver and Quebec. There always was confusion about the chain of command, about who ordered the police to do what and when, whether it was political, RCMP, local or provincial police or what. The bill would correct that.

It would remove that question and would allow a lot of us to have a little more peace of mind when we are inviting meetings to Canada. I hope it would help us and help them if there would be just one police department involved with the protests. We hope they would better understand the rights of protestors to protest and demonstrate. They do have a right to protest and demonstrate, but with the confusion over who was in control of the meetings and who was responsible for policing and law enforcement, I think things happened at the meetings that should never have happened. I believe having one group in charge would be a positive move. The huge report on APEC pointed out the need for clear parameters in order for the RCMP to be able to police these meetings without having to answer to political bosses, provincial police forces and so on.

It would be a very positive step and I hope the RCMP will take advantage of the opportunity to better understand how people can be allowed to protest and demonstrate legitimately without encouraging violence or demonstrations that turn into anything other than demonstrations.

The legislation appears to cover three general types of international organizations. There are international organizations originating by treaty, for instance, NATO and the International Civil Aviation Organization in Montreal. They are currently covered under the immunity, which would be extended to a second category, the new international organizations with headquarters in Canada, like the IOC, the environmental secretariat and different NAFTA bodies, which are growing steadily.

The third one is stand alone organizations that move from country to country, like APEC and the G-8. I am not satisfied nor am I comfortable with how that is defined and what groups could be included. Could groups involved with the chambers of commerce and things like that come under that umbrella of immunity? We are anxious to get the bill to committee to analyze it and see if there are extended immunity rights that were never meant to be part of the bill.

There is no question that our country should be in a position to play host to these organizations. I think Canada is an attractive destination for them. Recently we moved the meeting of finance ministers to Canada because it could not be held in India. That is just an indication of what we have to offer.

To wind up, I am concerned about the double standards between Canadians and non-Canadians. The bill would extend immunity and taxation exemptions to a number of groups. It seems to ring a bell to me with extending the immunity or exemption from the firearms control act to non-Canadians whereas Canadians have to follow those rules. We need more clarification.

On the upside, the bill ensures that Canadian diplomats receive the same privileges and immunities that their representatives in Canada receive when our diplomats are in foreign countries. It has an enforcement clause and that is a good aspect in it.

We support both the purpose and philosophy but we hope there will be amendments that deal with some of the concerns which I and my colleagues have raised throughout this debate.

Anti-terrorism LegislationOral Question Period

October 22nd, 2001 / 2:50 p.m.


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Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

Mr. Speaker, the Prime Minister says that we should trust him to conduct a legislative review of Bill C-36 in three years.

I wonder if we could just examine the record on this. Criminal code amendments regarding mental disorders should have been reviewed five years ago by the government. They have not been. Criminal code amendments pertaining to sexual offence proceedings are overdue by a year. Employment Equity Act amendments should have been reviewed by a similar committee. They are also overdue by one year. The Referendum Act should have been reviewed six years ago and the government has still not reviewed it.

Given that the government continues to honour these things only in the breach, why should we trust it now?

Bill C-36Oral Question Period

October 22nd, 2001 / 2:40 p.m.


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NDP

Bill Blaikie NDP Winnipeg—Transcona, MB

Mr. Speaker, my question is for the Minister of Justice who has said repeatedly that she wants to listen to the advice and recommendations of the committee but she knows that the committee will not be giving advice or making recommendations. The committee will either be amending the legislation, Bill C-36, or not.

Is the minister prepared to say in the House that she will accept amendments coming from the committee that have to do with sunsetting certain controversial clauses of the bill? That is what the House and the committee needs to know.

PrivilegeOral Question Period

October 19th, 2001 / 12:10 p.m.


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Bloc

Michel Guimond Bloc Beauport—Montmorency—Côte-De- Beaupré—Île-D'Orléans, QC

Mr. Speaker, I do not understand why the government House leader does not want us to raise our point. Is he hiding something? Does this bother him?

In short, the Minister of Justice and officials from her department did it again in a meeting this morning. Notwithstanding the complexity and the importance of this bill, it is, at the very least, peculiar that nobody at the Department of Justice requested simultaneous interpretation for their briefing session on Bill C-36 this morning. For more than one hour at the beginning of this briefing, the minister's officials provided information solely in English.

Assistants of members of the Bloc Quebecois were present at that meeting and were unable to obtain the information in their native language, despite the complexity of the bill.

The right to service in the language of one's choice is guaranteed under section 133 of Canada's constitution as well as under the Official Languages Act.

In view of the complexity of this bill and taking into account the language barrier, it becomes very difficult for parliamentary assistants and for the members themselves to form an informed opinion about such a bill.

The reference book entitled House of Commons Procedure and Practice says on pages 66 and 67, and I quote:

Any disregard of or attack on the rights, powers and immunities of the House and its Members, either by an outside person or body, or by a Member of the House, is referred to as a “breach of privilege”--

I could also refer to Erskine May, who said the following, and I quote:

The privileges of Parliament are absolutely necessary for the due execution of its powers. They are enjoyed by individual Members, because the House cannot perform its functions without unimpeded use of the services of its Members; and by each House for the protection of its members and the vindication of its own authority and dignity.

Let me now quote from Joseph Maingot's Parliamentary Privilege in Canada , second edition, chapter 2, page 13:

If someone improperly interferes with the parliamentary work of a member of parliament--i.e. any of the member's activities that have a connection with a proceeding in parliament--in such a case that is a matter involving parliamentary privilege.

In conclusion, my right to receive information in my native language, through my assistants, was violated this morning by the Minister of Justice.

Considering these facts, I submit that my privileges as a parliamentarian were also violated.

Should you rule that there is a prima facie case of privilege, I would be prepared to move the appropriate motion.