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 was last introduced in 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 the Library of Parliament. You can also read the full text of the bill.

Anti-Terrorism LegislationOral Question Period

October 31st, 2001 / 2:45 p.m.
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Progressive Conservative

Peter MacKay Progressive Conservative Pictou—Antigonish—Guysborough, NS

Mr. Speaker, recent public comments from certain cabinet ministers showed a real concern for possible civil liberty infringements found in Bill C-36. There is reason to fear that excessive party discipline may stifle contrary opinions from within the Liberal ranks.

In these uncertain and challenging times, Liberal members of parliament should be free to speak up without reprisals from the Prime Minister.

Will the Prime Minister commit today to allowing for free votes both in the House and in committee on this extremely important legislation?

SupplyGovernment Orders

October 29th, 2001 / 4:15 p.m.
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Bloc

Robert Lanctôt Bloc Châteauguay, QC

Mr. Speaker, that fits in with what I said when I spoke on Bill C-36, the anti-terrorism act.

I said then that the money the government was promising today goes only for military sanctions. No money is provided to fight destitution and poverty, the root causes of this war. As long as there is destitution and poverty, the freedom that we are advocating will never be, and the war which is raging now will never cease.

SupplyGovernment Orders

October 29th, 2001 / 4 p.m.
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Bloc

Robert Lanctôt Bloc Châteauguay, QC

Mr. Speaker, it is good to hear such comments but, as I said earlier, we need more than words on the part of the government, we need action.

Allow me to read the text of the motion once again so members can understand that humanitarian aid is not frivolous but is necessary and vital:

That this House calls upon the Parliament to review its international aid policy with a view to substantially increasing the funds available to Canadian humanitarian aid, particularly in the context of the military interventions in Afghanistan, and to increasing the level of its aid for development to 0.7 % of GDP, as recommenced by the United Nations.

I also wish to quote paragraph 1 of the Vienna declaration and program of action on the occasion of the World Conference on Human Rights of 1993:

Human rights and fundamental freedoms are the birthright of all human beings; their promotion and protection are the first responsibility of Governments.

It has been several years since the protection and promotion of fundamental needs of human beings were reaffirmed as the responsibility of governments but unfortunately the government has done very little in this regard. This is unacceptable.

The idea of allocating 0.7% of GDP to international aid was first raised in 1969. However, this principle was adopted by the General Assembly of the United Nations only in 1990. At that time, Canada voted in favour of this principle. Since then, our country's contribution, far from reaching this objective, has been reduced, from 0.48% in 1990 to 0.25% today. This is totally unacceptable. It is therefore easy to conclude that there is a wide gap between the government's intentions and its actions.

This is all the more shocking when we remember that the Prime Minister himself said in this House, on April 30, 2001, that our aid to developing countries would continue to rise. What actually did happen? The opposite, as we have just seen.

The Prime Minister also said that Canada as a country is among the best positioned to make rich countries aware of the needs of poorer countries. When will Canada itself become more aware?

There is a real concern in the country about the situation of refugees. The situation of the Afghan refugees is really tragic and something has to be done immediately. Military support is not enough in the current context. We have to ensure that innocent people are not paying for what their government has been doing, particularly because of the events that unite us in this fight against terrorism. This is in essence what Kofi Annan said in his September 27 press conference at the UN headquarters.

The United Nations takes the issue very seriously and we should do the same. We have a responsibility to help the UN, as we promised to do more than 10 years ago. We have to keep our engagement to offer humanitarian aid of 0.7% of GDP. What more evidence do we need?

The United Nations should lead the diplomatic, political and, above all, humanitarian actions since it is in a better position to evaluate the consequences of this crisis and not only the military actions.

And what is this crisis all about? There is a continuous influx of Afghan refugees in the neighbouring countries, in the wake of the military strikes. Over 2,000 Afghan refugees gathered at the Iranian border in the last couple of days, for a total of 4,000 refugees in this camp alone. The United Nations high commission for refugees is concerned for their security.

The high commission also fears that the Taliban will recruit within refugee camps. There are also grounds to believe that over 300,000 refugees are massing at the Pakistan border to escape the bombings, adding to the numbers already there.

It is worthy of note that, even before the military strikes, the Afghans were the largest refugee group in the world, surpassing by far those from Iraq, Burundi or Sierra Leone. The Afghan people are therefore in urgent need of our assistance, because the situation is only getting worse.

What are we to do? This is what the Bloc Quebecois is proposing. In the absence of any clear federal policy on bilateral development assistance provided directly to foreign governments, it would be appropriate to put in place a specific plan aimed at attaining the objective of 0.7% of GDP, the target set by the UN.

Second, such a bilateral policy would ensure that funds are not misappropriated by regimes in which corruption is systematic.

Third, in the short term, we propose the injection of an additional $3 billion into international humanitarian aid.

Fourth, it is urgent to provide a positive response to the request for monetary aid from United Nations secretary general Kofi Annan, for $US 585 million to deal with the Afghan crisis. It is unacceptable that Canada has so far contributed only $16 million for all humanitarian organizations. Let us keep in mind that this is the $16 million that had already been announced, not an additional $16 million. It is still the same amount. This is totally unacceptable.

Fifth, in the long term, the Bloc Quebecois believes that the root causes of the scourge of terrorism must be eliminated: poverty, despair and war. These are the real issues behind any conflict that leaves countless innocent victims in its wake.

Sixth, we must review our military objectives because destroying the organization of Osama bin Laden will merely eliminate the threat it represents. It will not eliminate terrorism, which will exist for as long as abject poverty continues to exist.

Seventh, the Bloc Quebecois is of the opinion that the federal government must review its foreign policy, which emphasizes the commercial aspect of international relations. One must realize that human rights also need to be taken into consideration.

The Bloc Quebecois demands that the federal government attain the 0.7% of GDP objective, as recommended by the Association québécoise des organismes de coopération internationale, the Canadian Council for International Cooperation and the North-South Institute. These are all organizations which can see the results of this crisis and bear witness to it.

As I mentioned at the beginning of my speech, governments are mainly responsible for protecting the rights and freedoms of any human being. Canada, which boasts about being a rich and privileged country always willing to help poorer countries, has a duty and an obligation to take concrete financial measures in this regard.

The Bloc Quebecois proposes concrete and feasible solutions. Now it is up to the federal government to take action to honour the commitment it made 10 years ago to Quebecers, to Canadians and above all to Afghan refugees.

Not long ago, during the debate on Bill C-36, I said that I hoped the funds allocated for the fight against terrorism would not be used only for sanctions but also to fight poverty, which would help solve the terrorism problem.

Today we have an opportunity to pursue this discussion and to see to it that our words are supported by concrete actions. Bombs are not enough to curb terrorism. We also need to provide support to the innocent population and to take concrete steps within the country.

The Bloc Quebecois proposes short and long term solutions. Let us not kid ourselves, terrorism will continue to have a hold on disadvantaged nations as long as the root causes of this scourge exist and these nations remain without a voice to express their feeling of helplessness.

It is incumbent upon us to give them the tools they need to advance toward democracy, and that is what the Bloc Quebecois is proposing.

PrivilegeOral Question Period

October 29th, 2001 / 3 p.m.
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Canadian Alliance

John Reynolds Canadian Alliance West Vancouver—Sunshine Coast, BC

Mr. Speaker, I rise on a question of privilege to charge the Minister of Transport with contempt. The minister has brought the authority and dignity of the House into question and has breached the new procedure that was established by the adoption of the first report of the modernization committee.

On Thursday, October 25, while the House was in session, the minister held a press conference to announce a $75 million bailout for Canada 3000. While this brand of disrespect is not uncommon for the Liberal government, I believe that this is the first time that such an act has occurred since the adoption of the first report of the modernization committee. At page 4 of that report the committee states:

Concerns have been expressed that government announcements, regarding legislation or policies, are increasingly made outside the House of Commons. While this is by no means a recent phenomenon, it continues to be a source of concern. The Committee is recommending two initiatives to address it.

First, it is important that more ministerial statements and announcements be made in the House of Commons. In particular, topical developments, or foreseeable policy decisions, should be made first—or, at least, concurrently—in the chamber. Ministers, and their departments, need to be encouraged to make use of the forum provided by the House of Commons. Not only will this enhance the pre-eminence of Parliament, but it will also reiterate the legislative underpinning for governmental decisions.

The committee recommended that the government make greater use of ministerial statements in the Chamber and that the House leaders be advised in advance of these statements.

I was not advised of this announcement. When I stood in the House on Thursday and asked the Thursday question, the government House leader had the opportunity right there and then, but failed to do so.

There was no reason why the Minister of Transport could not have advised the opposition and there were no procedural difficulties preventing the Minister of Transport from making his announcement in the House. I am certain that all parties would have extended every courtesy to the minister if he had chosen to respect the House and make his announcement here.

It is important to know that the House adjourned early on that day for lack of business. It adjourned early last Monday and Friday and it adjourned early on Friday, October 19, and on Monday, October 22, so wherein lies the problem with debating these issues on the floor of the House? A $75 million bailout is no small change. Where does the minister think the authority to spend the $75 million comes from?

The government and its departments are continuously making a habit of mocking the parliamentary system in this manner. We have had the deliberate leaking to the media of contents of Bill C-15 and, more recently, of the anti-terrorism bill, Bill C-36.

One of the reasons the modernization committee felt it necessary to address the issue was that in the last two parliaments the government got away with mocking the legislative process at every turn, belittling the role of members of parliament. I will cite a few of the more serious examples.

On Thursday, October 23, 1997, the government announced that provincial and federal governments had constituted a nominating committee to nominate candidates for the new Canada pension plan investment board. The nominating committee was provided for under subclause 10(2) of Bill C-2. The House had not yet adopted Bill C-2.

On January 21, 1998, the minister responsible for the wheat board met in Regina to discuss the rules for the election of directors to the Canadian Wheat Board's board of directors, as proposed in Bill C-4, an act to amend the Canadian Wheat Board Act. Substantial amendments to Bill C-4 tabled at report stage by opposition members were scheduled for debate in the House. While the House debated how many directors should be farmer elected versus being government appointees, the minister was holding meetings as though the bill was already law.

When the Canadian millennium scholarship fund was being established, a published article in the Toronto Star announced that Yves Landry had been named as the head of the Canada Millennium Scholarship Foundation. Mr. Landry was quoted as saying “I am only one member of the board and my job is to be a facilitator”. There was no legislation before the House setting up the foundation, nor had the budget announcement allocating $2.5 billion in revenue to the foundation been adopted.

The Minister for International Trade announced on March 30, 1998, the establishment of a Canada-China interparliamentary group. At that time, the House had not set up a Canada-China interparliamentary group.

Finally, the date of the last budget that was delivered in the House, so long ago we have probably forgotten, was announced by the Prime Minister outside the House.

Each disrespectful act we allow to stand unchallenged becomes a precedent that serves afterwards to justify more acts of disrespect. The modernization committee recognized this and felt it necessary to make a statement.

The adoption of this report outlined what standard the House expected from ministers in this regard.

On page 119 of Erskine May there is a reference regarding a select committee that was appointed to inquire into the conduct and activities of members and to consider whether any such conduct or activities amounted to a contempt of the House and whether any such activities were:

--conduct...inconsistent with the standards the House was entitled to expect from its Members.

The minister cannot claim ignorance because the House pronounced itself on this issue through the adoption of the modernization committee report. When the Minister of Transport made his announcement outside the House on Thursday, October 25 while there was still an opportunity to make it inside, his conduct was clearly inconsistent with the standards the House was entitled to expect from him. As a consequence the minister is in contempt of the House.

The other related parliamentary tradition that the government likes to forget about is the issue of and respect for the doctrine of ministerial responsibility.

The Minister of Transport and the rest of his colleagues, and particularly the Minister of Justice, should review the definition of ministerial responsibility from page 63 of the 22nd edition of Erskine May. It states:

—ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments...it is of paramount importance that ministers give accurate and truthful information to Parliament—

Where can we find the truthful and accurate information regarding the decision to hand out $75 million to Canada 3000? Not in Hansard of Thursday, October 25. Where it was found was in the Globe and Mail of October 26.

I am beginning to think that being held in contempt in the House is of little concern to the government. Let us look at the example of the Minister of Justice who was held in contempt for leaking to the media the contents of Bill C-15.

When I appeared before the Standing Committee on Procedure and House Affairs to review another charge of contempt involving the minister, I pointed out that we no longer respect, to the same degree as in the past, the principle that ministers have a duty to parliament to account and to be held to account for the policies, decisions and actions of their departments.

I cited the example from 1976 involving the Hon. André Ouellet, the then minister of consumer and corporate affairs. Mr. Ouellet made a comment on the acquittal by Mr. Justice Mackay of the sugar companies accused of forming cartels and combines. As a result, Mr. Justice Mackay cited him for contempt of court. He was found guilty of the charge and resigned his cabinet post over the incident.

A charge of contempt by the House should be considered just as serious, if not more serious, as a contempt charge in a court. Unfortunately the Minister of Justice chose not to take responsibility in the time honoured tradition of ministerial accountability, as did Mr. Ouellet.

Getting back to this case, I will conclude my remarks by saying that had I had an opportunity to respond to this announcement by the Minister of Transport I might have asked the minister why he can justify giving Canada 3000 $75 million but cannot spend one dime on the softwood lumber industry that lost millions of dollars over a trade dispute with the United States. Thousands of people are out of work as a result and thousands more are expected to lose their jobs.

Also, what about the farmers who suffered through this summer's drought?

These are some of the questions we might have asked if the minister had given us an opportunity, but we did not. The minister might want to talk about timing, about how the House was not sitting. It was not sitting because the government chose not to have it sitting. It adjourned early. We have adjourned early too many days over the last little while.

Certainly I saw the minister on television that night at 7 p.m. The House adjourned early,and I cannot remember if it was 3 p.m. or 4 p.m., but surely he must have made the decision earlier in the day. He could have spoken to the government House leader and made sure it was put on the agenda so that we could have done it in the House and it could have been done properly.

Mr. Speaker, if you find that we have a case of privilege, I am prepared to move the proper motion.

Anti-terrorism LegislationOral Question Period

October 29th, 2001 / 2:55 p.m.
See context

Canadian Alliance

Reed Elley Canadian Alliance Nanaimo—Cowichan, BC

Mr. Speaker, in light of the concerns of some Canadians about civil liberties, some groups have called for exemptions from Bill C-36.

Could either the minister of Indian affairs or the justice minister tell us whether native people across Canada will be exempted from the provisions of Bill C-36 as some of their leaders are calling for? A simple yes or no would suffice.

Anti-terrorism LegislationOral Question Period

October 29th, 2001 / 2:50 p.m.
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Edmonton West Alberta

Liberal

Anne McLellan LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, we do not believe that the definition as found in Bill C-36 provides any unnecessary or unreasonable impediments to prosecutors. We see those qualifiers as an important part of the definition to ensure we are not sweeping up organizations, groups and individuals who should not be included.

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.