Bill C-36 (Historical)

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

Public Safety Act, 2002

[Svend Robinson, NDP, Burnaby—Douglas, BC]

Mr. Speaker, it is a real privilege for me to talk about this very important and truly antidemocratic bill. I share the views expressed by my colleague from the Bloc Quebecois on the matter. I would like to say clearly, as my colleague from Churchill, the NDP's transportation critic has said already, that the members of the New Democratic Party will vote against this bill. We will do all in our power to try to stop it and to ensure that it is never adopted in Canada.

In the days since September 11 we have witnessed a number of very serious assaults on the most fundamental civil liberties and human rights of Canadians. All of us of course support a fight against terrorism which is targeted and respectful of basic human rights. Indeed, there are some elements in this legislation, as my colleague from Churchill pointed out, that we support.

For example, we support the provisions with respect to money laundering, the new criminal offences for bomb threats, the implementation of international conventions to fight the proliferation of biological weapons, explosives and people smuggling by organized crime.

We do not oppose those. What we had hoped is that the government would have listened to Canadians from coast to coast to coast who voiced their outrage and anger about the provisions of Bill C-42. Instead what we see is legislation now tabled, Bill C-55, which while it purports to improve some elements of Bill C-42, is some very draconian and dangerous provisions that were not encompassed in the previous legislation on Bill C-42.

We have seen too often in Canada and in other countries the fight against terrorism being used as an excuse to suppress fundamental human rights.

We have seen this already in the case of Bill C-36, the anti-terrorism bill. Only one political party voted against this bill at the second reading stage, the New Democratic Party. I was really disappointed to see that my colleagues from the Bloc Quebecois had not heard the strong voices of all Quebecers who exposed the possible abuse Bill C-36 could lead to. They even supported this bill at the second reading stage. This was far from acceptable.

As a number of international human rights organizations have pointed out, it is precisely at times such as this that civil liberties and human rights are most vulnerable. As the UN high commissioner for human rights, Mary Robinson, stated:

Excessive measures have been taken in several parts of the world that suppress or restrict individual rights including privacy, freedom of thought, presumption of innocence, fair trail, the right to seek asylum, political participation, freedom of expression and peaceful assembly.

My colleagues already have pointed out some of the concerns about this legislation, such as the sweeping and unaccountable discretion that is given to cabinet ministers, who only have to report back to parliament after a number of days, and the fact that there is no guarantee whatsoever that there will be any accountability to parliament. All they have to do is table their reports.

We know as well that the concerns with respect to the so-called controlled access military zones are very serious concerns. Canadians spoke out against this in the context of Bill C-42. While there have been some modifications, overall there is still a very grave potential for abuse in this area as well.

In the context of Kananaskis, my colleague from the Bloc Quebecois has pointed out that these provisions could indeed be used there, despite the denials of the minister. Many of us are very concerned about the growing atmosphere of intimidation of those who would peacefully and non-violently dissent at the upcoming G-8 summit in Kananaskis.

In fact just last week a senior brigadier general from the Canadian military threatened to use lethal force, lethal weapons at Kananaskis. This is shameful. He said “We are very serious...we have lethal weapons and we will use force if we think there is a serious threat”. He warned protesters and others that they would be risking their lives by protesting at the G-8 summit.

We do not want to give these kinds of sweeping and unaccountable powers to the government such as those proposed in Bill C-55.

One of the most dangerous provisions of this legislation is a new section that was not included in Bill C-42 at all. That is the possibility of sweeping access by the RCMP and CSIS to passenger lists for airlines. We have to ask ourselves why this is needed. Is it strictly needed to target potential terrorists? In fact that is not the case. The legislation includes some 150 offences under the criminal code for which this dramatic expansion of privacy invasive police powers is possible.

I want to pay tribute to the privacy commissioner of Canada, George Radwanski, who has sounded the alarm bell in the strongest and most eloquent terms against these abusive and dangerous provisions of Bill C-55. He said in a direct warning to parliament that:

It appears to be, quite simply, a power grab by the police. More precisely, since the police in a free and democratic country like Canada cannot seize power for themselves, a provision like this could only go forward into law as an award of unnecessary and unjustified new powers to the police by naive or indifferent political authorities.

What has been the response by some Liberal members of parliament to this cry of anger and concern by the privacy commissioner who has the mandate to protect the privacy of Canadians? Has it been to have another look at the legislation, to go back and say that maybe he has raised some serious concerns here before parliament? No, shamefully it has been to attack the privacy commissioner, in some cases in very personal terms.

We have heard for example the Liberal MP from Aldershot who said that he was condemning parliament and that he had gone way too far. George Radwanski, the privacy commissioner, is not condemning parliament. He is condemning a Liberal government that is prepared to abuse its powers to trample on the most basic privacy rights of Canadians. In fact, far from condemning parliament, he is sounding an alarm to parliament, one which it appears that Liberal members of parliament are quite prepared to ignore.

Business of the House

[John O'Reilly, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I welcome the opportunity to speak to Bill C-55. I had been prepared to speak to Bill C-42 at one time. I am pleased the bill has been withdrawn, changed and critiqued.

I will take this opportunity to go over what the Minister of National Defence stated today and what we believe to be significant improvements in the bill. Recent events continue to show that the security environment in Canada has changed significantly. The measures contained in Bill C-55 would improve the ability of the Canadian forces to protect Canadians and respond to the new threats.

It is clear that the government has listened to Canadians in terms of what they wanted changed. The government has also listened carefully not only to its own caucus and backbench but to the opposition. The new public safety act, 2002 has taken into account the concerns expressed about the previous Bill C-42. When opposition members study the new bill they will realize it is an improvement and that it tries to address the problems.

I will deal specifically with the amendments to the National Defence Act. They are a logical continuation of the amendments contained in the Anti-terrorism Act which received royal assent in December 2001. Sober second thought has prevailed and we now have time to look at the terrorist threat and highlight some of the changes.

One of the amendments deals with controlled military access zones. It is the amendment everyone is trying to read something into whether it is there or not. It would replace military security zones with controlled access military zones. The new zones would be limited to the protection of Canadian forces and visiting forces personnel or property. Contrary to what other members have said, the zones would be strictly for the protection of our military and the military of our allies. They are not intended and would not be used for other purposes, plain and simple. They would be temporary. Any extension of a designated zone for more than a year would require the approval of governor in council.

After the USS Cole was attacked by terrorists in a harbour in Yemen I came to the conclusion that there was no control. I could also point to a recent visit to Halifax harbour by an American aircraft carrier which was so big it had to stay in the outer harbour. Let us imagine that. The boat was 28 storeys high. Its landing surface was four and a half acres. It was a huge piece of military equipment creating a tourist attraction in itself.

If we allow huge military craft and vast numbers of personnel into our harbours, whether on the west coast or the east coast, they must be protected. We must allow the designation of zones to protect them. It is only prudent. We do not have that now. We have it in civil law but not military law. That is important.

Bill C-55 also contains amendments for notification and publication of the designation of zones. This would make Canada a more reliable international partner and at the same time address concerns about the extent to which the zones could be used for non-military purposes. Obviously we are talking about military purposes and terrorist activity. The zones would protect visiting aircraft whether at an air show in Trenton, a harbour in Halifax or Cold Lake, Alberta. When people visiting from other countries want to be assured they have protection we must be able to offer it whether it is in military or civilian areas.

The second part of the bill relating to the military would improve on the amendments in Bill C-42 regarding the ability of Canadian forces to protect their computer systems and networks and the data they contain. The proposed amendments are now consistent with the amendments contained in Bill C-36 for other government agencies. We should keep in mind that the Department of National Defence operates 24 hours a day, seven days a week in many countries of the world and therefore it must be protected during that time.

Certainly that means there are limits. The Department of National Defence would only interpret communications that would prevent harmful, unauthorized use or interference with DND and CF computer systems and networks and the data they contain. It is vital we protect it.

A key role of these systems and the networks is the daily operation of the Canadian forces anywhere in the world in conjunction with our allies. Because of the fact that these systems and networks are targeted by our enemies and hackers, they require the Canadian forces to have the ability to protect these systems 24 hours a day, seven days a week anywhere in the world. The amendment would allow that. It is a fairly simple amendment.

The third part is the reserve military judges panel. The amendment contained in Bill C-55, modified from Bill C-42, would establish a reserve military judges panel. This panel would provide the chief military judge with access to appropriately qualified reserve force officers who have previously performed military judicial duties. It would also provide the military judiciary with the necessary flexibility to meet any increased demands placed on the military justice system. They can be quite relevant.

It is important that Bill C-55 adds the word voluntary in relation to a panel member ceasing to be an officer of the reserves. This change would enhance institutional independence by ensuring that a panel member who involuntarily ceases to be an officer of the reserves would only have his or her name removed from the panel after a recommendation has been made by an inquiry committee.

The government has made a clear and concise commitment to fight terrorism and protect the safety and security of Canadians. The areas I touched on further enhance the ability of the Government of Canada, the Department of National Defence and the Canadian forces to protect Canadians from terrorism while ensuring the rights and privacy of individuals.

I encourage all members to support the bill, to get it into committee and ask questions. That is where committee work will come into play, when expert witnesses are called and people are allowed to ask questions.

Members previously touched on compensation. I know the right to sue would be withheld, but anyone suffering loss or damage as a result of a controlled access military zone would be compensated from the consolidated revenue fund.

I believe the enforcement of controlled military zones would involve a range of items such as erecting fences or barriers and the removal of unauthorized persons from controlled access military zones. Any person who is removed from a controlled zone would be turned over to the appropriate civil authorities, be tried in a civilian court, and if charges were laid be entitled to all due process under civilian law. Section 288 of part eight within Bill C-55 offers trial by civil courts.

Most of the concerns of the members have been summed up. I am anxious to see the bill discussed in committee, for all members to have input into it, to bring expert witnesses forward to explain every portion of it and to make sure that it is examined with a fine toothed comb to ensure everything that is of concern to members will be looked after.

[Michel Bellehumeur, Bloc, Berthier—Montcalm, QC]

Mr. Speaker, it is an honour for me to speak to this bill, since it is such an important one. I understand that all the bills in this House of Commons have a certain importance, but this one is extremely specific in character, and extremely important. It must be considered very wisely.

We need to look at Bill C-55, the purpose of which is to fight terrorism, keeping in mind that this important legislature must meet the expectations of the voters of Canada, and those of Quebec as well. Examination of this bill requires us to bear in mind all the other pieces of legislation in place in Canada, but in particular, the charter of rights and freedoms, which is in place and must be respected as well. We must meet the public's expectations, respect existing legislation as well as the charter, and strike a balance between individual and collective rights and national security.

The government has failed in its duty on at least two occasions, by attempting to get Bill C-42 through, which was divided up and enacted in part, and then by going back to the drawing board and tabling Bill C-55.

Upon examining this new legislation, one cannot help but notice that the government has not listened and is not responding to the expectations of constituents across Canada and Quebec. This is so evident, that at first reading of this bill, the person responsible for monitoring and protecting the privacy of individuals has said that this is legislation that could be found in totalitarian countries. Naturally, I am referring to the privacy commissioner.

I do not agree with the member for Ancaster--Dundas--Flamborough--Aldershot who said that the privacy commissioner should not be commenting. This is not the first time that the privacy commissioner has commented to the media about a bill, saying that it makes sense or does not.

I remember Bill C-36, to fight organized crime, because it is an issue that I was concerned about. This very same privacy commissioner supported it. The member opposite did not rise then to say “He should not comment on it”. No, then it was fine, because the privacy commissioner was supporting the government.

That is not how it works. He did not have to rise when the commissioner commented on Bill C-36, just like he did not have to rise and get offended by the fact that the privacy commissioner made his view on Bill C-55 clear. He described it as unacceptable. He said that it was legislation that could exist, but in totalitarian countries, not a country like Canada, where individual and collective rights are recognized. The privacy commissioner probably came to the same conclusions that the members of the Bloc Quebecois did, when we examined the bill.

Mr. Speaker, I know that I only have ten minutes. I cannot go into detail on each of the points, but you must understand that the whole issue of controlled access military zones worries us.

Incidentally, the words may have changed, but the nuts and bolts of Bill C-55 have not necessarily been changed, because it bears a curious resemblance to Bill C-42, which was plagued with problems. The military security zone is now called a controlled access military zone. This is the biggest change to this section. The whole issue of controlled access military zones is worrisome.

The interim orders that are included in a whole series of acts are also a major source of concern. When we look at the list, we may be surprised, because interim orders may be made under the Department of Health Act, the Explosives Act, the Export and Import Permits Act, the Food and Drugs Act, The Hazardous Products Act, The Marine Transportation Security Act, the Pest Control Products Act, and so on.

What is particular about these interim orders is that each of the ministers responsible for an act will have the authority to make such orders. If we look at these changes, we see that they are exempted from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

A layperson who reads this without really knowing about it, or without the schedule to these acts, may not understand. I wonder if the Minister of National Defence himself understands these provisions, considering the replies that he gave us today.

If we look at the Statutory Instruments Act, we see that sections 3, 5 and 11 are those that are used to determine whether or not an act complies with the Canadian Charter of Rights and Freedoms.

I understand why Quebec did not sign the Constitution. Members opposite boast about this and they celebrate the 20th anniversary of the constitution. Incidentally, they are celebrating a little too soon, because it has not been 20 years, but they are celebrating the 20th anniversary simply to show that they are a little mixed up. This year is the 20th anniversary of the patriation of the Constitution. But the 20th anniversary of the coming into effect of the Canadian Charter of Rights and Freedoms will come later. They will eventually learn that in the history books, when they read them.

These sections will not be applied to the acts that I listed. In other words, the government will not check to see if these measures respect the Canadian Charter of Rights and Freedoms. This is serious business. Yet, the government seems to be merrily going forward, oblivious of the fact that trouble may lie ahead because of these sections. But, as far as the government is concerned, there is no problem.

The very important part 2 of the bill, which deals with the National Defence Act, gives exceptional powers to the Minister of National Defence regarding the creation of the controlled access military zones to which I referred earlier.

My third concern has to do with the whole issue of damages. It will not be possible to sue the government in cases of abuse.

The amendments to the National Defence Act give excessive powers to the Minister of National Defence. One of these powers has to do with the dimensions of zones. He is the one who, at some point, is going to decide exactly what size of controlled access military zone is needed.

Right off the bat, we think that there should be very specific criteria in the bill so that the minister, whoever he is, cannot get carried away. A properly advised, open-minded legislator acting in good faith includes such criteria in a bill. The criteria in subsection 260.1 (4) are as follows:

The dimensions of a controlled access military zone may not be greater than is reasonably necessary to ensure the safety or security of any person, thing or property for which the zone is designated.

These are the criteria which the Minister of National Defence will use. This is the same Minister of National Defence who showed a lack of judgment in the Afghan prisoner affair.

Let us remember that Canadian troops captured prisoners. The minister knew this. He was told that they had during a briefing. But he did not feel the need to inform the Prime Minister, cabinet, or anyone else, while everyone in Canada was anxiously waiting to hear what would happen if prisoners were taken. He even told the House that none had been, when it fact some had, and so on. This is a flagrant lack of judgment, and this is the same minister who is going to implement this legislation.

It is ridiculous. I could give other examples, such as subsection (14) of this same section, which prevents taxpayers from taking the government to court.

I am being signalled that my time is up. I would have liked to speak at greater length about this bill, because it is extremely important. We in the Bloc Quebecois are naturally against it, because we defend ordinary citizens. That is why we were elected.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, the public safety act, 2002, or Bill C-55, contains some important legal prongs or features in the juridical war on terrorists whose purposive basis is the promotion and protection of human security, including the most fundamental rights, the rights to life, liberty and security of the person.

These legal prongs include the following: amendments to the Aeronautics Act to maximize the effectiveness of Canada's aviation system and thereby enhance the ability of the Government of Canada to provide a safe and secure environment for air travel; amendments to the criminal code to deter terrorist hoaxes that endanger the public or heighten public anxiety; amendments to the Explosives Act to establish tighter controls over illicit trafficking in explosives, including the acquisition, exportation, manufacture, storage or transportation of explosives; and amendments to the Export and Import Permits Act establishing controls over the export and electronic transfer of military and strategically sensitive technology.

Perhaps most important, the proposed legislation also would enact the biological and toxin weapons convention implementation act to prevent the development, production, stockpiling, acquisition, transfer or use of biological weapons by states, individuals or other entities. It will thereby reinforce Canada's existing legislation to prevent the development of, and deter the proliferation of, biological weapons. This is a particularly important legal prong in the domestication of international anti-terrorist treaty law in the anti-terrorism juridical effort.

However, the bill also contains some disconcerting features which, however well intentioned, include some errors and omissions that may result in the legislation falling victim to what might be called the “law of unintended consequences”.

The concerns are as follows.

First, while the bill seeks to circumscribe the power initially conferred upon the Minister of National Defence in the predecessor Bill C-42 to designate any part of Canada a military security zone, the scope of both the exercise and application of this power remain problematic. Admittedly, the bill improves upon its predecessor Bill C-42 in that the application of the power is limited to the protection of Canadian and allied military equipment and persons, and the exercise of power is limited to that which is reasonably necessary for this purpose, rather than, as in Bill C-42, what the minister “in his opinion” believed necessary for reasons of international relations, national defence or security.

However, the definition of a “controlled access military zone” has a certain indeterminate feature to it, which could, however inadvertently, be stretched to result in the very thing that this revised version was designed to prevent, for example, the application of this power to something like the G-8 meeting in Kananaskis, simply because the presence of Canadian military equipment or personnel or foreign diplomatic personnel with their related equipment may result in a military zone being nonetheless designated.

As well, it should be appreciated that, under present law, a military base or any property belonging to the Department of National Defence is already a military zone under its control. Clearly, then, we are speaking about the designation of a controlled access military zone that is outside our “defence establishment” on civilian territory. This power needs further delineation and clarification so that it can be clearly limited to the purposes for which it is intended.

Second, and more important, even if the scope of this exercise of ministerial power is appropriately delineated and clarified, the absence of any cabinet or parliamentary accountability is disturbing. In effect, there is no requirement for cabinet authorization of this ministerial decree. There is no requirement that it even be tabled, let alone debated by parliament. There is no express reference to the power of judicial review, though the right of judicial review would still be available even in unexpressed form. In a word, this is government by ministerial decree without the appropriate checks and balances constitutive of a parliamentary democracy.

I am not saying that a carefully circumscribed ministerial power is in no case warranted; I am only saying that the scope of its exercise still has an indeterminate character about it and that it is lacking in the appropriate checks and balances.

Third, as a response to the critique of its predecessor Bill C-42, Bill C-55 further defines and circumscribes the power of other ministers to issue interim orders if “immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment”.

Admittedly, the government has refined the scope of these powers by reducing the period within which the minister would be required to obtain cabinet approval from 90 to 45 days after the interim order is made. An additional requirement has been added that now requires that a copy of the interim order be tabled in each house of parliament within 15 sitting days from the time it is issued, thereby instituting a measure of parliamentary oversight. Also, the interim order is expressly subject to judicial review.

However, some disturbing questions remain. Why should there be a waiting period of 45 days to submit these emergency orders for cabinet approval? Why not reduce the period to 72 hours, or a week, as the Canadian Bar Association recommends? These orders are of an emergency character; they can last up to a year. The interim is a long time. The timeframe for cabinet approval needs to be much more expeditious.

Fourth, why should the interim orders have to be tabled in parliament only after 15 sitting days? If parliament were not sitting, there would be no requirement for it to do so. Also, why should parliamentary oversight be limited to the tabling of the interim order and not also the debating of a prospective amendment or an appeal of the interim order, as is consistent with the principle of parliamentary oversight? Again, the principle of parliamentary oversight and accountability needs to be enhanced.

Fifth, both the power of the Minister of National Defence regarding designated controlled access military zones and the power of ministers to issue interim emergency orders are exempt from the application of the Statutory Instruments Act. That means, in brief, that they are exempt from the examination of proposed regulations as required by the Statutory Instruments Act to ensure that these regulations are authorized by the statute pursuant to which they are made; that they do not constitute an unusual or unexpected use of the authority pursuant to which they are made; that they do not trespass unduly on existing rights and freedoms; and that they do not in any case breach the Canadian Charter of Rights and Freedom.

This does not mean that such decrees or regulations are not subject to the charter but it does mean that the “scrutiny and screen filter”, the filtering out of objectionable features before the regulations are enacted, is absent. Regrettably, a judicial corrective may be necessary when a pre-emptive screening corrective could be utilized first.

Sixth, while Bill C-55, for the most part, strikes a reasonable balance between security and privacy rights, the new provisions giving RCMP and CSIS unrestricted access to the personal information of all Canadian air travellers, both on flights within Canada as well as on international routes, are also disconcerting. For example, if the RCMP can obtain and scan airline manifests in search of anyone subject to an outstanding warrant for any offence punishable by five years or more, or for an offence under the Immigration Act, this would appear to be an undue expansion of police power at the expense of privacy rights, without clear justification.

In other words, if, as the privacy commissioner has put it, proposed section 4.82 were limited to providing the RCMP and CSIS with access to airline passenger information for the sole purpose of checking against databases of known or suspected terrorists, with the proviso that all such information would be destroyed except where a match with the database was found, this could be regarded as a legitimate exercise of police power for security purposes.

Seventh, an appreciation of these three distinct exercises of executive power, the power of the Minister of National Defence to designate a controlled access military zone, the ministerial powers to issue interim urgent orders, and the power of police and security services to access aviation manifests, invite us to ask whether they comport with the proportionality principle, that is, that the remedies sought are rationally connected to the objectives sought to be secured, that they comport with the minimal impairment principle, that is, that they intrude on civil liberties as minimally as possible, and that the value of enacting these powers outweighs their cost.

Eighth, we must ask whether these authorized powers, taken as a whole, maintain the equilibrium between the related needs of security and rights protection.

Ninth, we must ask whether the legislation, taken as a whole, maintains the equilibrium among different branches of government, executive, legislative and judicial, or is there an undue allocation of power to ministers with a corresponding diminution of cabinet responsibility, parliamentary accountability and capacity for judicial review? In particular, the parliamentary role in this legislation appears to be diminished.

Finally, as a matter of parliamentary process, I would recommend that the legislation be referred to the Standing Committee on Justice and Human Rights, for the following reasons.

First, this is the second part of the government's anti-terrorism package, the first part of which, Bill C-36, was considered and debated before the justice and human rights committee. As a result, that committee acquired a certain repository of experience, if not expertise, in dealing with anti-terrorism law and policy and related issues.

Second, the bill raises fundamental questions, both about the equilibrium between security and rights protection and the equilibrium among the various branches of government that underpin a constitutional democracy, both of which are foundational legal concerns that are the natural subject matter for such a committee.

Third, the exercise of the authorities of the police and security, both under the criminal code and in surveillance matters, again is the natural stuff for a justice and human rights committee.

In conclusion, the public safety act, 2002, has important features, some of which I have described today, that are germane to an anti-terrorism law and policy and to the protection of public safety and human security. However, there are also disconcerting features, as I have also described, that taint the bill and which need to be addressed and redressed so we can promote human security without unnecessarily intruding on civil liberties.

Public Safety Act, 2002

[Bill Blaikie, NDP, Winnipeg—Transcona, MB]

Madam Speaker, if I recall my own speech correctly, it seems to me I did raise this very matter that there may be loopholes in what we now have in Bill C-55 and that through the location or insertion of a particular piece of military equipment into a particular zone in proximity to an international gathering or whatever this could then be used. As the minister says, of course it could be challenged in the courts after the event.

I am glad to have the hon. member and his party on board in opposing Bill C-42 and to these measures. I remember when Bill C-36 came before the House the NDP was alone in expressing concerns about these security measures. I welcome the new found concern of the Canadian Alliance about the welfare of people who are protesting against globalization and various other things because it seems to me that a year ago, when we were expressing similar concerns about what had happened to protesters in Quebec City, we were scorned by people in the party of the hon. member. They have come a long way, and it just goes to show that some people are in fact teachable.

[Bill Blaikie, NDP, Winnipeg—Transcona, MB]

Well the government is doing it awful slowly if it is doing it. I guess it is trying to do it in a way that nobody notices.

We know the problems the military is having with recruitment and with infrastructure. Some of our armories are the only places where we can walk in and feel like we are having a time travel experience. Our armories do not look any different than they did in 1965 when I first started going as a cadet. If I ever want to revisit my past I just have to go there and I will see that absolutely nothing has changed except that the rifle ranges are closed down because proper equipment has not been provided and a whole bunch of other things that used to be there are not there. However I did not get up to make a speech about the reserves. I am here to talk about Bill C-55.

With respect to Bill C-55, we in the NDP were opposed to Bill C-42 and we are opposed to Bill C-55 in spite of some of the changes that have been made. The minister pointed out changes that have been made with respect to controlled access military zones. The change between Bill C-42 and Bill C-55 is a change for the better in the sense that it does limit in a way what the previous bill did not, and that is the application of this particular power of the minister of defence.

I understand the difference between being able to designate areas around equipment, personnel and entire areas that contain that which the forces have been assigned to protect. That is fair enough. However what the minister has not answered is whether or not the insertion of equipment or personnel into the area that is to be protected or in close proximity to those which are to be protected could then become a rationale for doing in effect what was possible in Bill C-42.

In the final analysis this comes down to trust. Do we trust the government not to have a hidden agenda or not to abuse the language that we see in Bill C-55? It is a hard thing to get a hold on. It is a bit like what we talked about when we were debating Bill C-36. If we had been debating Bill C-36 not in a context where protesters had been pepper sprayed at APEC, rubber bulleted at Quebec City, et cetera, maybe we would have had a more trusting feeling about the government when it came to Bill C-36. We still have not been able to build up that appropriate sense of trust so that we can take at face value what the minister says about these new controlled military access zones not being available for purposes like Kananaskis, although the minister has been very clear that it is not intended and cannot be used for Kananaskis. We will know soon whether the minister was telling the House something that is not true.

With respect to the difference between Bill C-42 and Bill C-55, it seems to me that we have a bit of sleight of hand here in the sense that there is the illusion of more parliamentary involvement than there was in Bill C-42. There was no illusion of parliamentary involvement in Bill C-42. We cannot accuse Bill C-42 of being involved in any sort of sleight of hand. However in Bill C-55 interim orders would have to be tabled in the House of Commons within 15 sittings days and therefore we would have the opportunity theoretically of these interim orders being the object of debate in the House of Commons. I grant that, except that we all know that simply to be tabled in parliament does not mean that it will be debated in parliament or voted on in parliament because the government controls parliament. Except in the situation of minority parliaments or in the situation where we had a much freer political culture than we do now in the House, the government controls parliament. In fact when the Minister of Transport was being interviewed on this he said “It will be tabled in parliament and you know, an opposition MP might be able to move a motion to have it debated and the government might even support it”. The word is “might”.

What we are saying is that if we really wanted parliamentary oversight and wanted an opportunity for parliament to debate this we would not leave this to the whim of a government that might be sensitive about what it had just done 15 sitting days ago. We might want to mandate that parliament would have to debate it within a certain timeframe, perhaps not 15 days, but perhaps within a certain timeframe after it has been tabled, whatever, but we would not leave it subject to the parliamentary dictatorial powers of a majority government as to whether or not that ever actually came up for debate.

That is certainly one of the concerns that we have. The fact is that the interim orders themselves, as has been argued by other members in the House, are inferior substitutes for the kind of powers that the government now has under the Emergencies Act, except that the Emergencies Act of course would have to involve parliament in a much more meaningful way than these interim orders potentially involve parliament.

Quite the contrary to what the government is saying, it may not be that now it has listened to Canadians and now it is trying to involve parliament. It may be that we just have a more sophisticated run around parliament in Bill C-55 than we had in Bill C-42 which was a rather blunt instrument and more transparently contemptuous of parliament than Bill C-55. Of course, if the government wants to claim otherwise, then we look forward to rather extensive study of this in committee, which brings me to my second point.

There was an emergency, so the government said. Clearly there was an emergency after 9/11. However whatever emergency Bill C-42 was intended to address, certainly could not have been much of an emergency, if the bill could sit on the order paper for months.

Now the Liberals have been listening to Canadians. I do not remember hearings on Bill C-42 because we never even had the first round of debate in this House about it. It never even got to the NDP and the Tories when it came to the debate on second reading, but the Liberals have been listening. If one were to listen to the rhetoric of the Minister of National Defence, the Minister of Transport and the Prime Minister, one would think we had a thorough debate about this. Now we have to get this through by the end of June.

Four months of idleness on the part of the government with respect to Bill C-42 and now it is a big emergency. We will not be able to have extensive committee hearings. It is the same old show. It is the same as with Bill C-36. Anything that is important, we have to get it through in a hurry. The legislation can sit on the order paper for four or five months with no problem, but now we have to get this thing into committee, have hearings and it has to be all over and done with by the end of June.

The government really has its nerve when it comes to Bill C-55. It is a parliamentary outrage that it would expect us to say that there is an emergency, as if it has been acting as if there were an emergency when in fact it has not.

I put the government on notice to the extent that the NDP is able to influence matters here. I get a similar feeling from other opposition parties that we do not see any grounds now for some kind of unholy rush, particularly when Bill C-55 is not a reduced, or ameliorated or amended version of Bill C-42. What we have are entirely new measures inserted into Bill C-55. I am thinking in particular of the measures to do with the revelation of lists of passenger on planes.

When the government was listening to Canadians, whenever that process took place, that invisible process that happened between when it first introduced Bill C-42 and when it withdrew it, I guess I missed it. I missed all those public meetings where Canadians were saying that they wanted the RCMP and CSIS to know every time they got on a plane and that they wanted to have that information in some big computer somewhere. I do not remember anyone asking for that. Maybe the RCMP and CSIS asked for it. However let us not kid ourselves. It was not something for which that Canadians were calling. The privacy commissioner has expressed very real concerns and objections to this.

There is a whole new dimension to this bill. We are supposed to pass it because now the government is in a rush. When it came to this, the government was in a coma for four months but now there has been a boom, it has woken up, little lights have gone on and now the rest of us have to just shove it on through. I do not think the opposition will go for that, particularly with respect to this new demand for information.

A Liberal member of the justice committee was quoted in the paper as saying there was no reason this provision could not be expanded. I am talking now about giving information with respect to lists of passengers on trains, buses and people who rent cars. Why do we not just find out the names of everyone who goes into Wal-Mart. Where does this end?

I thought this was to fight terrorism. There are ways to fight terrorism, including on planes, that we support. However we do not support using 9/11 to create everyone's nightmare of a big brother, where everyone knows what everyone else is doing. Not everyone knows; big brother knows the travelling habits of people. The credit card companies probably know already, but that is beside the point. Why does the government not just go there. That is certainly one thing about which we are concerned.

We think we are being offered a bit of a sleight of hand here as to what a great improvement Bill C-55 is over Bill C-42. We want to see a thorough process when it comes to this bill. For the government to expect that somehow now we will just let this thing go is a very serious mistake on its part.

[Art Eggleton, Liberal, Minister of National Defence]

Mr. Speaker, last fall the government promised that it would listen to the concerns of members of parliament and Canadians with regard to Bill C-42 and it has. Bill C-55 improves on Bill C-42.

This bill will improve the safety of Canadians, while protecting their rights and their privacy.

I would like to briefly outline for the House how the proposals contained in Bill C-55 would affect the defence portfolio and the National Defence Act. I will begin with controlled access military zones.

One of the most substantial changes in the new bill is the replacement of the military security zones as defined in Bill C-42 with the new controlled access military zones. These zones would be temporary areas designated to protect defence establishments as well as Canadian forces and visiting forces' personnel and property, both on and off defence establishments. This would include, for instance, a Canadian, American, Italian or French ship that might be anchored in one of our harbours, or perhaps a Royal Air Force aircraft or two that would be temporarily staying at a civilian airport.

The new controlled access military zones are more limited than originally envisioned and have more restrictions on their use and purpose. For example, these zones would only be designated where they are considered reasonably necessary to ensure the safety and security of Canadian forces or allied personnel or equipment.

In other words, there would be no sweeping designations for international conferences, such as the one at Kananaskis. There would be no sweeping designations, as some people suggested, to cover an entire province or city. That was never the intent, but certainly people expressed fear about it.

In addition, the authority given by the minister of defence cannot exceed one year. Only the governor in council, the cabinet, could approve a renewal and only if it is deemed reasonably necessary, a fact that could always be tested in the courts, that the designation be in place for a period longer than one year.

These zones would help us better protect our military personnel, equipment and establishments from the possibility of terrorist attacks. They would make us a more responsible ally when it comes to protecting visiting forces.

Following our consultations, we introduced a second series of amendments concerning the protection of defence systems and networks.

Provision in Bill C-55 would give the Department of National Defence and the Canadian forces the authority to protect their information technology without compromising the privacy of individuals. Defence systems and networks play a critical role in the daily operations of the Canadian forces both at home and in the field. As such they are high value targets for attack and for manipulation.

Under the new legislation the Minister of National Defence would have the authority to permit the department and the Canadian forces to intercept communications into, from, or through defence computer systems. This is very similar to a provision in Bill C-36 that involved the civilian oriented Communications Security Establishment in the defence of government departments and their systems. This would be done only in order to identify, isolate or prevent the harmful, and I emphasize the word harmful, unauthorized use, interference or damage to the information systems.

These authorities would be strictly for the protection of our systems. They would have nothing to do with listening to private conversations or eavesdropping, nor would they apply to actions that would more appropriately be covered under the government's acceptable use policy or the criminal code. They are however, essential to protect our information technology systems here at home and abroad. In the case of controlled access military zones, they would make Canada a more reliable international partner. Our IT systems are often closely integrated with those of our allies and we cannot afford to be the weak link in that chain.

The privacy of Canadians would remain paramount when it comes to applying these new authorities. A number of safeguards regarding the use and retention of intercepted communications have been incorporated into this provision. For example, the commissioner of the Communications Security Establishment will be responsible for reviewing activities carried out under this authorization.

Nothing in this part of the bill will in any way affect the powers or the role of the privacy commissioner who has previously looked at these kinds of systems in connection with CSE and has found them to be quite satisfactory.

Let me turn to the establishment of the reserve military judges panel. There are six provisions in the bill that apply to defence. This is another one. The amendment is designed to provide the chief military judge with a mechanism to access qualified reserve officers with prior experience as judges in the military justice system.

The establishment of this panel would ensure that our military judiciary has the same flexibility as currently exists in the civilian court system. It would provide an effective and efficient mechanism to respond to short term increases in demand for judicial services. At the same time it would prove beneficial when competing demands or conflicts limit the availability of the permanent cadre of military judges. The amendment is about efficiency and due process, which I believe Canadians would support.

Another element in the legislation is job protection for members of the reserves. Our ability to generate forces in the event of an emergency can in part depend on the compulsory call out of reservists. Should this situation arise, we have a responsibility to ensure that these members do not lose their civilian employment. The bill would ensure that they are reinstated with their civilian employers in equivalent work upon their return from the call out. The proposed amendment would mean that reservists would not have to choose between possibly losing their livelihoods and breaking the law that requires them to serve on call.

This is a pragmatic and a moral concern.

We will not be able to recruit new members if they risk losing their jobs when called out compulsorily. At the same time we cannot oblige our people to serve and not protect their employment. These measures will ensure that the dedicated men and women of the reserves are treated fairly when they make the sacrifice to serve their country.

I might add, if they are volunteering for a service such as they have in some of our past natural disasters, such as the ice storm, or the floods in the Saguenay or the floods in the Red River, that would continue to be on a voluntary basis as it has been in the past. In this post-September 11 world with the possibility of a terrorist attack and if an emergency arises in which there has to be a compulsory call out, it is only in that context we would use the job protection provisions. It is only in the context of an emergency compulsory call out.

Dealing with the word emergency brings me to the next component of the amendment and that is the definition of emergency. The proposed amendment simply modernizes the definition of emergency found in the National Defence Act by making clear reference to circumstances of armed conflict that fall short of formally declared war. It will now be defined as “insurrection, riot, invasion, armed conflict or war, whether real or apprehended”.

The difference from the previous longstanding legislation are the words “armed conflict” and the word “whether”. The word “whether” is put in the English text to make it balance with the French text. Insurrection, riot, invasion or war have always been there.

Not too many wars are actually declared these days even though there is armed conflict. There has not been a war declared by this country since the second world war even though there are a number of conflicts that have been called war in the colloquial sense. In the popular jargon when we refer to such things as Korea or gulf or Afghanistan, the word war is frequently used but they are not involving Canada or our allies in an actual declared war. The words “armed conflict” help to bring things up to date in that respect.

I stress that this would in no way lower the threshold for declaring an emergency. Rather it aligns the definition with the new security environment in which wars are seldom declared, as I have said, and threats are often posed by groups other than states.

The amendment is important because a number of important powers under the National Defence Act, such as the authority to retain Canadian forces members on service beyond the date on which they are entitled to be released, are tied to the existence of an emergency as defined in the act.

The sixth and final provision that involves defence in Bill C-55 amends the clause regarding aid to the civil power. This is really the same as it was in Bill C-42. Most of the provisions are the same as they were in Bill C-42 except for the controlled access military zones.

The provisions of the bill would allow the Minister of National Defence to provide appropriate direction to the chief of the defence staff to ensure the Government of Canada has the ability to manage simultaneous or multiple requests for assistance during an emergency.

Requests for aid to the civilian authorities will continue to be made directly to the chief of defence staff.

In conclusion, we have listened to the concerns of Canadians and have presented a bill that responds to the security threats that face Canada, that protects individual rights and protects privacy. It makes us a strong partner in the international fight against terrorism. It further improves the ability of the Department of National Defence and the Canadian forces to protect Canadians from terrorism and its effects. I strongly recommend that the bill be supported.

[Sarmite Bulte, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, I too am pleased to speak to Bill C-55, the public safety act. The public safety act 2002 is part of the Government of Canada's anti-terrorism plan which actually began with the anti-terrorism act, Bill C-36, and which was bolstered by a $7.7 billion investment in budget 2001.

Where the anti-terrorism act focused mainly on the criminal law aspects of combating terrorism, this bill addresses gaps in the federal legislative framework for public safety and protection. It is also very important to remind everyone that Bill C-55 is an improved package of public safety initiatives in support of the government's anti-terrorism plan.

While Bill C-55 retains key elements of Bill C-42, which was withdrawn on April 24, it also incorporates a number of very important improvements. It is very important to remember that the new revised bill is responding and has responded to concerns that were expressed about Bill C-42.

It is important also to remind members and Canadians of what the Minister of Transport said when he tabled the legislation in the House. He stated:

We have taken the input of parliamentarians, provinces and territories and others, and used it to significantly improve this legislation. It responds to the need for enhanced security while respecting the rights of Canadians.

It is very important that we look at that sentence. We are talking about finding a balance.

The hon. member who just spoke said that we have not taken into account the RCMP's concerns and that we have not taken into account financial institutions. We have consulted with Canadians. We have looked at the importance of being Canadian and what our values and rights are. That is what the government tries to achieve, a balance, the right balance to protect those things that are important to Canadians and to protect our charter of rights and freedoms.

The bill seeks to amend 20 acts and enacts a new one. People should know what those acts are. Included in the amendments are the Aeronautics Act, the Canadian Air Transport Security Authority Act and the Marine Transportation Security Act. There are also amendments to the criminal code but this is with respect to hoax offences. The bill also amends the Export and Import Permits Act, known as the EIPA, and the National Defence Act.

The act to be enacted is the biological and toxin weapons conventions implementation act. Before I speak about two very specific acts, it is important to talk about what the new act will do because we are actually ratifying a convention.

The new act will prohibit biological weapons and agents that do not have a peaceful purpose and will provide a more complete legal basis to regulate dual use biological agents in Canada. The new act will help to prevent the development, production, stockpiling, acquisition, transfer or use of biological weapons by states, individuals or other entities. It will supplement and reinforce Canada's existing legislation to prevent the development or transfer of biological weapons. In addition, the new amendments will set the terms and conditions of inspectors' activities in Canada, particularly in relation to their search and seizure activities.

It will be seen that Bill C-55 encompasses many things, but we must remember that it is part of our government's anti-terrorism plan. The word plan means more than one piece of legislation. It does not mean things in isolation or in silence. It is part of a comprehensive way that we are dealing with combating terrorism while at the same time protecting the rights and privacy of Canadians.

I would like to talk about two specific acts which fall within the responsibility of the Minister of Natural Resources, the National Energy Board Act and the Explosives Act. Earlier this morning I heard our colleagues in the Alliance Party commend the government for its amendments to the Explosives Act.

It might be trite to remind people that the terrorist attacks of September 11 not only changed the world but placed public security at the top of Canada's priority list. Since then the government has acted quickly and effectively on many fronts to address the serious threats resulting from these horrible events. It is also important to remember that we have acted cautiously. The Prime Minister is to be commended for how he dealt with the situation immediately after September 11.

Natural Resources Canada responded by working immediately with the Canadian energy industry to implement very appropriate security measures. Regulatory agencies, including the National Energy Board and the department's explosives administration, worked immediately to safeguard Canadian interests and ensure the security of Canada's energy systems and infrastructure.

With the proposed changes outlined in Bill C-55, Natural Resources Canada is taking further measures to enhance the safety and security of Canadians. Just as an aside, what motivates the government to pass this legislation and to have an anti-terrorism plan is to enhance the safety and security of Canadians, our citizens, whom we as parliamentarians have a duty to protect.

Natural Resources Canada administers the federal Explosives Act and the regulations. The act regulates the importation, manufacture, storage and sale of commercial explosives along with aspects of their transportation. The department's primary mandate is to ensure the health and safety of workers in the industry and of the Canadian public first and foremost.

As I mentioned earlier, in the December 2001 budget the government made a substantive investment of $7.7 billion to ensure the safety and security of Canadians. This budget funding will underwrite the legislative amendments that are proposed in Bill C-55.

The proposed amendments to the Explosives Act are contained in part 6 of Bill C-55. They will enable us to enhance the security of our domestic explosives industry and, I cannot say this often enough, ensure the safety of Canadians. They will strengthen the federal government's role in regulating the acquisition, possession and exportation of explosives. As well they will implement tougher security measures related to the manufacture, storage and transportation of explosives. For example, in transit and export controls combined with the import controls that currently exist under the Explosives Act will greatly improve the security of explosives shipments during transport.

The amendments will also help to bring Canada in line with the Organization of American States Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials which we signed in 1997. The act will now define what illicit trafficking is so that it captures the type of activity that can lead to the acquisition of explosives by criminals or terrorists.

New sections will address security measures, record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture or the illicit trafficking of explosives. What we have to remember is that we are targeting illicit activities, we are targeting terrorist activities. We are not targeting honest, hardworking, everyday Canadians.

Enhanced controls over the acquisition and possession of explosives and their precursors would deter terrorists from using Canada as a place to prepare and launch terrorist attacks. The new possession controls would identify and deter individuals who posed a risk from having access to explosives.

A further deterrent to unlawful explosive activities would be the bill's changes to the penalty structure to bring penalties into line with those already in force under Canadian law for other serious crimes. The important thing is that explosive precursors such as ammonium nitrate would need tighter controls. As members will recall, ammonium nitrate was a key ingredient in the tragic Oklahoma City bombing. Bill C-55 would regulate such chemicals under the Explosives Act. The bill's intent is to prevent acquisition for unlawful purposes while ensuring ready access for legitimate agricultural use. It is about balance.

The proposed amendments to the Explosives Act would put Canada on the leading edge of explosives control. We would be seen around the world as taking a leadership role in protecting and securing our explosives supply. Moreover, Canada would be well placed to actively participate and lead in discussions about potential international control measures.

The proposed legislative changes illustrate the government's commitment to public security and the fight against terrorism. They illustrate its commitment to be a leader on the international scene in the fight against terrorism.

I will turn my attention to part 12 of Bill C-55 which proposes amendments to the National Energy Board Act. Currently the National Energy Board has a mandate to regulate the safety of interprovincial and international pipelines and international power lines. In working with industry the National Energy Board has institutionalized rigorous standards in maintenance practices to ensure the integrity and safety of the national pipeline system.

The proposed amendments to the National Energy Board Act would provide the board with clear statutory authority with respect to the security of installations. First, the board would be given the authority to order a pipeline company or certificate holder for an international power line to take measures for the security of the pipeline or power line. Second, it could make regulations respecting security measures. Third, it could keep security information confidential both in board hearings and in orders. Fourth, it would advise the Minister of Natural Resources on issues related to the security of pipelines and international power lines. Fifth, it could waive the publication requirements for applications to export electricity or construct international power lines if there was a critical shortage of electricity caused by a terrorist activity.

The board's inspectors would be given additional authority to make orders with respect to security matters. The ability of the National Energy Board to keep sensitive industry security information confidential is essential to the exercise of regulatory responsibilities for security. The amendments therefore contain a provision enabling the National Energy Board to take measures to protect information in its proceedings or in any order.

There are two tests for exercising this authority. First, the board must be satisfied there is a real and substantial risk that disclosure of information would impair the security of pipelines or international power lines or the methods used to protect them. Second, the board must be satisfied that the need to protect the information outweighs the public interest of having it disclosed. Again we are talking about balance.

The regulated companies have been co-operative in ensuring strengthened security arrangements are in place. They continue to operate at a heightened level of awareness to potential threats. The National Energy Board will continue to work co-operatively with industry in ensuring appropriate levels of security are maintained into the future. The amendments to the National Energy Board Act would provide the board a clear statutory basis for regulating the security of energy infrastructure under its jurisdiction.

Bill C-55 would amend 20 acts. I have been able to touch on at least two of them that the opposition and Canadians in general will have a hard time arguing with. The changes would be for the security and safety of Canadians. They would strike a balance. Bill C-55's amendments to the National Energy Board Act and the Explosives Act would contribute to the safety and well-being of Canadians. They would provide us with better tools to address and protect ourselves from terrorism.

Last year at this time terrorism was something we watched on television and in the movies. After September 11 the world changed. Canadians must respond to the changed world. We as parliamentarians must do everything we can to protect Canadians while ensuring the values which are so important and dear to us remain.

[Peter MacKay, Progressive Conservative, Pictou—Antigonish—Guysborough, NS]

Madam Speaker, it is always a pleasure to see you in the Chair.

I am pleased to have an opportunity to complete my remarks on Bill C-55. I am also glad to know that the amendment has been accepted. It is very much the thrust of the last number of speakers who feel it is entirely inappropriate that the bill be considered by the transport committee.

The number of provisions found within this cumbersome and convoluted omnibus bill predominantly deal with security issues. They touch upon matters which would best be considered by the justice and human rights committee of which you were once a member, Madam Speaker.

That would lead to at least a greater level of scrutiny which would allow members of that committee and the public generally, through that committee, to see what a sham it is for the government to be presenting this bill at this time knowing that the measures currently found in the Emergencies Act lead to a greater level of scrutiny by the House of Commons and a more expeditious enactment of emergency measures should the government choose to go that route.

The Emergencies Act is more timely and more open to judicial consideration. It allows cabinet to be more in the loop whereas under Bill C-55 one could have ministers of the crown, specifically the minister of defence, acting in a unilateral and unchecked arbitrary way.

Yesterday I compared the Emergencies Act and Bill C-55. Clearly there is greater safeguard and an ability for the public to have checks and balances in place that threaten civil liberties. Yet this demonstrates time and again that the government would like to do away with the hassles of coming to parliament and being accountable. It wants to do away with the scrutiny that would take place at a committee level. That is the ruse and the constant effort by the government to bypass or sidestep any kind of accountability. Bill C-55 is perhaps the most blatant example that we have seen in years.

Bill C-36, the earlier terrorism bill, at the very least went through a rigorous and onerous examination in the chamber and the justice committee. I suspect that may be the motivation behind floating this one by members of parliament and referring it to the transport committee where it would not receive the same level of scrutiny.

Headlines in editorials spoke volumes yesterday as to how the journalistic community viewed the bill: “New public safety act threatens civil rights”; “Anti-terror: take two”; and “Freedom will keep us safe: The revised public securities act is still too undemocratic”.

These are damning condemnations. They talk about the reluctance of the government to use the Emergencies Act because it would require all party scrutiny. Scrutiny is extremely important, I am quick to add, to ensure that civil liberties are not infringed upon, that property rights are respected and upheld, and that the private information of Canadians is not infringed upon.

The privacy commissioner, as is often his wont, has made a great deal of noise about problems that he has with the new bill. Yet I suspect that in a few days or weeks when amendments come in he will climb down off the curtains just as some of the other individuals such as the farcical ethics councillor. The supposed watchdogs are really anemic, toothless chihuahuas when we get right down to brass tacks and look at what they do in the wake of very dangerous and very intrusive legislation such as Bill C-55.

I can best describe the bill as one of confusion, an overlapping, cumbersome conglomeration of a power grab by the government. The public safety act, in and of itself, would not allow the government to act in a more timely fashion, nor would it allow it to act in a more safe and responsible way in response to an emergency.

It would allow the government with little consultation or consideration to empower a minister to make strong arbitrary decisions as they relate to a person's privacy and sovereignty over his or her property.

The idea that a military person could drive a tank or an army jeep onto someone's back lawn and declare it a military zone is the absolute ludicrous upshot of what the bill would empower the government to do.

A lot of time and effort went into drafting legislation that would confuse and distract members of parliament from the task at hand. We have before us a bill that touches on dozens of different areas of legislation, nine different pieces in particular. It talks about environmental protection, health, food and drugs, hazardous products, navigable waters protection, pest control, quarantine, and radiation. Where is the transport element in all of this? It should be before the justice and human rights committee. We support the amendment.

[Peter MacKay, Progressive Conservative, Pictou—Antigonish—Guysborough, NS]

Madam Speaker, I am very pleased to take part in this important debate. I want to pay tribute to all of my colleagues who have spoken previously. They have brought a great deal of sensibility and reasonableness to the debate. They have raised issues of great importance that have been left unanswered essentially by the bill itself and which were left unanswered by the minister when he spoke.

The Minister of Transport stood in the House at the beginning of the debate and said that the bill is the essence of parliamentary democracy. That is how he described it. I would qualify the statement by saying that the bill is the essence of Liberal parliamentary democracy because it completely bypasses parliament.

Perhaps it is an attempt to further concentrate some of the arbitrary power in the hands of government and more specifically the minister but it is certainly the opposite of parliamentary democracy. It was referred to at one point as drive-by democracy or perhaps fast food democracy. That might be a more appropriate way of characterizing what we have before us in Bill C-55.

I would not go so far as to say what the federal privacy commissioner has said in terms of describing it. He used the term totalitarian in discussing aspects of the legislation.

Certainly there are troubling elements. There are elements that seem consistent with the Prime Minister's continual contempt for parliament and attempts to bypass any sort of process of review or any check or balance on his powers. It is consistent with his style of executive decree and making decisions unilaterally and simply not being able to justify them.

The bill is one which in time will get the scrutiny it deserves. It is fair to say that Canadians are intelligent enough and able enough to decide for themselves whether these steps are necessary, whether the bill will in fact violate their fundamental rights.

A huge unanswered and unaddressed issue keeps coming back time and again from the time we saw the first incarnation of this bill as Bill C-42. That is the fundamental question of is it necessary, do we need it right now? I would say there are parts of the bill that arguably we do need. However when we saw the first incarnation, Bill C-42, we knew it was coming in the wake of a very tragic event that invoked strong emotions and a strong sense of instability among countries, including our own.

An hon. member from British Columbia, the transport critic for the Alliance Party, talked about the fact that Bill C-36, the criminal code amendments, another omnibus bill, brought together certain excessive responses given the circumstances. It received a lot of scrutiny in the House and a lot of concern even from members of the government.

However it was not until a full two months later that we saw Bill C-42. Then the government skated. The government delayed. It went to great lengths to not bring the bill forward. It was debated for a very short time in the House and then it was sloughed off and put on the back burner until after Christmas. As people started to look at it more closely in the light of day in a more rational time, it became apparent that the bill was fatally flawed.

We have gone through the examination. The critic for the Alliance took us through a detailed analysis of why the government carved out a certain aspect of it to meet with American legislation and regulations that we had almost overlooked. We almost missed the time line because of the sloppiness and the convoluted, cumbersome method in which that legislation was drafted. The government took to its scrapers and had to rush to pull an element out and draft a new bill which was passed through the House very quickly.

It is indicative again of the lack of consultation not only with the stakeholders which is important but with other parliamentarians as well. They should be given the respect they deserve by consulting with them to see if there are ways in which legislation could be passed in a more effective non-partisan way.

Let us be very clear that the bill is another seriously flawed piece of Liberal legislation. It is a slap in the face to those who value their privacy, their rights of protection of property rights and many other fundamental democratic rights.

In the wake of September 11 it was understandable that the legislation that was brought forward and which was on the drawing board might go to extreme measures. In the shadow of such a threat, reflecting on the legislation is extremely important. That is part of what we do. It is part of what we should be expected to conduct.

The arbitrariness of the decision making found in the legislation and the decision making process itself is palpable. It will permeate and permit further war measures like activities within the country. That word should not be thrown around lightly. We should not get into the habit of hyperbole when we talk about the War Measures Act.

I would like to briefly give a comparison between the Emergency Measures Act and Bill C-55, just so we have it in context. Bill C-55 has no other objective than to give ministers arbitrary power that would come in the face of a real threat, an issue that was going to no doubt disrupt and perhaps put Canadian lives in peril. However we already have legislation on the books today, the Emergency Measures Act, that allows for a very swift and decisive response.

The Emergency Measures Act is a declaration of emergency. It becomes effective immediately upon proclamation, immediately upon the government declaring that such a state exists. It also goes to parliament within seven, not 45, but seven sitting days. If parliament is not sitting, parliament shall be recalled. That is reasonable.

Parliament debates the declaration of emergency immediately and can vote it down if it decides to do so. Every order or regulation that would come out of the Emergency Measures Act must go to parliament within two sitting days. There is an exception for exempt or classified orders. That is reasonable in the circumstances if the military so determines, but they are sent directly to an all party parliamentary review committee which would be sworn to secrecy. Parliament can revoke or amend any order or regulation.

That is the state of the current legislation. That is a summary of what is currently available and in the hands of government in the wake of an emergency.

By comparison what Bill C-55 will do also comes into effect immediately but no declaration of emergency is required to be proclaimed by parliament beforehand. Parliament is out of the loop. Parliament has no vote on the existence or the determination of the emergency, nor are interim orders to be tabled in the House until the first 15 days on which the House is sitting after the interim order is made. There is no debate in parliament. Parliament cannot revoke or amend any interim order.

Under the Emergency Measures Act parliament is the place where the orders are debated, amended, defeated, approved and reviewed. The government would be accountable to parliament. Under Bill C-55 parliament is the place where orders are simply published. We become a clearing house, a publishing place for the government's decisions. The government is not accountable under Bill C-55.

Putting this much power in the hands of a minister does nothing to benefit Canadians. On the other hand it does a great deal to give more arbitrary power. It also cloaks the government in greater secrecy as to what it is doing. It also bypasses the scrutiny that would be expected in most circumstances.

The interim orders that are made by the minister and the minister alone without parliamentary approval can remain in place for 23 days in secret. No one would know that they had been invoked. They can be in effect for 45 days without any cabinet approval. Forty-five days; it is ridiculous to think that the cabinet would not convene within 45 days if a national emergency took place.

The orders can be invoked by a person unnamed, unknown, but designated by the minister. Unless specified in the order, the order can be in effect for a year and if the minister so chooses, it can be renewed for at least another year. Where is the balance? Where is the scrutiny? Why is the Prime Minister and the minister so intent on avoiding parliamentary scrutiny? Why are they displaying this continued contempt for the House?

We know what happens when things go awry and there is a report to be prepared or a committee to look at things. It is simply thrown on a shelf. That is what happens.

Or if there is an investigation like we saw at the APEC inquiry, a public inquiry, the Prime Minister simply can choose not to go, or the minister himself might just say that he does not think he will go there to account for what he has done.

The changes from Bill C-42 that we see now before us in Bill C-55 are what I would deem a slight improvement, but once again parliament and the public are relegated to the back seat. It seems that parliament increasingly is becoming an afterthought and an irritation to the government.

Changes to the National Defence Act are a perfect example. Here we have a minister who in the past has demonstrated that he has been less than forthright to parliament, his party, his caucus and even the Prime Minister, although I think in fairness we may have found that it was probably fair to say the Prime Minister was briefed and chose to let the defence minister twist in the breeze. This minister hardly inspires confidence that this minister or a person he deems suitable should be making those decisions. It is that decision making power that I think Canadians and parliamentarians here on the opposition side certainly question.

In that instance we had a circumstance in which Canadian soldiers should have been given accolades. Yet what we saw was this public debate and debacle over questions. Did we take hostages or did we not? Were the hostages handed over or were they not? Was the Prime Minister told or was he not? That should have been a moment of pride, yet it was stolen by some of the stumbling and bumbling of the minister. It took three briefings to get up to speed before something clicked and yet the Prime Minister wants him to have the ability to declare unchecked, uncontrolled access to declaring a military zone somewhere in the country.

The Liberals say that they would consent to a short term extension if we wanted to finish this debate today, so I wonder if I might ask the Chair if we would be prepared to do that.

Make no mistake about this. This legislation and the government can drive a tank onto a street corner or a field anywhere in the country and then at the discretion of the minister deem it to be a military zone.

Under paragraph 260.1(1)(b), “Controlled Access Military Zones”, there has to be some question as to what the government means by property. Is this real property? Is this real estate? Or is it property in terms of equipment such as a main battle tank or a military vehicle or perhaps even one of our embattled Sea Kings which the Prime Minister of course is refusing to replace because of his hardheadedness and his previous decision to cancel them? I would suggest the answer to this question about the definition of a military zone is found in proposed subsection 260.1(3), where the designation of the nature of the zone is stated:

A controlled access military zone may consist of an area of land or water, a portion of airspace, or a structure or part of one, surrounding a thing referred to in subsection (1) or including it, whether the zone designated is fixed or moves with that thing. The zone automatically includes all corresponding airspace above, and water and land below, the earth's surface.

That is a pretty broad definition. Pretty much any place would fit that bill. Key in that definition is the phrase “or moves with that thing”. This is the nature of the legislation. Were it to create such zones or around areas which permit permanent structures not designated as military bases, there would be no need for a clarification or classification of this type. This gives the government, or rather one minister in this instance, the ability to designate a controlled military access zone around any piece of military property if he feels it necessary to do so. As the equipment moves through the area, so goes the zone. For Canadians working long, hard hours for everything they own, a stroke of the pen would negate the expectation that a person's castle is their home.

It is totally unacceptable. We need to know that protections for private property and public property exist. There have to be greater checks and balances. The Liberals might suggest that the checks and balances are contained in proposed subsection 260.1(6) where the maximum time limit of one year is put on the zone. However, clearly we know that with more jiggery and pokery and legal wrangling, the average Canadian's--

[James Moore, Canadian Alliance, Port Moody—Coquitlam—Port Coquitlam, BC]

Mr. Speaker, I congratulate the transport minister on at least waking up the justice minister to his wonderful display of arm waving which was good.

First, I want to comment on his final comments with regard to airport traffic. I will move specifically to Bill C-55 in a moment. The minister said that airport traffic is back after September 11 and somehow that is a great feat by the government.

First, airport traffic is back because people already bought their tickets prior to April 1, so they did not have to pay the $24 tax. Second, people are booking their flights today for the summer to avoid paying the $24 tax and it is the travel season. Third, the vast majority of air carriers are having broad seat sales right now because they are scared of going under because the government is taxing them into the ground.

I rise on Bill C-55 which is an act to amend certain acts of Canada and to enact measures for implementing the biological and toxin weapons convention to enhance public safety. It is also known as the public security act.

Bill C-55 gives cabinet members acting alone outrageous and broad new powers with limited checks and balances. If these powers were exercised to their fullest possible extent, they could represent a grave threat to the notion of parliamentary democracy that Canadians hold so dearly.

We were glad that the Liberals withdrew their Bill C-42, but they seem to have missed the entire reason why so many members of the House and so many members of the public were exercised with concern about the problems of Bill C-42.

Specifically, the concerns that Canadians had with Bill C-42, which are still present in Bill C-55, are the capacity of cabinet ministers to invoke a number of interim order measures and the capacity for the minister of defence acting alone to create military security zones. Both of those aspects of Bill C-42 are alive and well in Bill C-55. It is because of those aspects that a number of Canadians will continue to have concerns about the bill and that the official opposition will oppose the bill and encourage all others to do so as well.

As I said, the government can still create a military security zone to protect, as the bill says, “property that is provided for the armed forces for the department and is situated outside a defence establishment”.

In the old bill the government could have declared an area like Kananaskis where the G-8 summit will be a military security zone. It still can in Bill C-55. All it has to do is put some military equipment like a jeep or a helicopter in the zone and they can therefore declare it a security zone under section 260.1(3) which reads:

A controlled access military zone may consist of an area of land or water, a portion of airspace, or a structure or part of one, surrounding a thing referred to in subsection (1) [basically equipment and personnel]...The zone automatically includes all corresponding airspace above, and water and land below, the earth's surface.

This power should not be in the sole, arbitrary hands of the minister of defence.

A recent poll has shown that 69% of Canadians see our federal political system as being corrupt. Canadians are unlikely to be thrilled by this legislation such as this, where the government grabs more unchecked power for ministers. At present the public's faith in democracy is tainted more than ever by the Liberal government's track record on things such as imposing a $24 air tax, despite the fact that air security at most airports has not been improved as the minister says and that the transport committee recommended against such an extreme airline killing measure.

Also, the government invoked closure to impose the legislation, Bill C-49, and which imposed the tax. These things do not build confidence with Canadians. The government also has a lack of respect for free votes in this place and the treatment of private members' bill. It has a lack of commitment to a democratically elected Senate. It has muzzled politically free speech for their own backbenchers. It has a lack of free votes allowed by Liberals in this place. There are also countless other examples and they do not build the confidence of Canadians.

The government should be building the confidence of Canadians in democracy and governance. Bill C-55 will only work to continue the downward spiral of public faith in the institution of governance.

Bill C-55 is a vast and comprehensive bill affecting some nine federal departments. It amends 20 federal statutes and implements in domestic law an international convention that Canada ratified back on March 26, 1975. That treaty is the biological and toxin weapons convention and it shows a stunning lack of vision that it has taken us a quarter of a century to finally make it part of our laws.

In times of trial lucky nations remember great leaders. The British remember Winston Churchill. His unbroken spirit strengthened British resolve during the darkest days of the second world war. Americans remember Franklin Delano Roosevelt as the president who led their nation to great victories across two different oceans at a time when freedom itself was at stake.

All those who are alive today know that President Bush, former New York mayor Rudy Giuliani and Prime Minister Blair will fare similarly well with historians. As we struggle to deal with the aftermath of September 11, now roughly eight months ago, these three leaders have set the standard by which the world will judge political courage in a time of crisis in the years to come.

Those standards are tough. They mandate a committed ongoing and continuous fight against terrorism and the defence of our way of life, the rule of law, pluralism and democracy. Tougher still, they will require respect for diversity and understanding through dialogue so that in our zeal to protect the democratic Liberal values, which the western world so shares, we do not inadvertently diminish or deny that which we are striving to protect.

Finally and perhaps most important, those standards require firm, principled leadership. That leadership requires two very simple things: a clearly identified goal and a precise way of reaching it.

In the immediate aftermath of September 11 President Bush led. He set a goal of making America safe against further terrorist attacks and of restoring the confidence of Americans. He launched six different initiatives.

The first was the office of homeland security to deal with threats against American territory and appointed Vietnam veteran, former army ranger and former Pennsylvania governor, Tom Ridge as its director.

Second, he created a military campaign to fight terrorism abroad and involve America's allies in that campaign.

Third, he launched an aggressive worldwide campaign to identify and prosecute those who were responsible for the September 11 attacks.

Fourth, blocking of terrorist financing was a priority and access to international banking networks was fought.

Fifth, he launched a concerted diplomatic effort with America's allies to secure the co-operation of the United Nations Security Council, NATO and the Organization of American States in collectively fighting terrorism.

Sixth, he established a fund to help Afghan children, recognizing that they too were victims of the events of September 11.

Each of President Bush's initiatives were and are distinct and well designed, rather like the blades of a Swiss army knife. Each has a specific purpose but the six together are a powerful and comprehensive combination. Quite simply, they have been designed like a Swiss army knife, to work well together so as to be greater than the sum of their parts and like a Swiss army knife they are designed to get the job done.

If we think of President Bush's initiatives as a Swiss army knife, this government's attempts to deal with the aftermath of September 11 are rather like the tools we might find at the bottom of a box at a rummage sale. Some are good, some are missing pieces, some are quite beyond redemption and even the ones that work are not necessarily designed to work together.

Of all the governments on this continent, the Canadian federal government has by far the most legislative and administrative power. An arrogant Prime Minister can appoint his cabinet ministers and he can make them do his bidding or face political exile in the obscurity of the government backbenches. His decisions are supported by 170 plus Liberal voting machines. Their unquestioning support of every piece of government legislation gives the Prime Minister a degree of concentration of power unseen in other liberal democracies.

Given the vast powers of the Canadian Prime Minister, virtually any bold incisive solution was possible in response to September 11. Whatever measure, whichever regulation desired would have easily become a legal reality. Given such latitude, it is sad, perhaps even a bit frightening, that with respect to the public safety act this is the third time in three attempts that the Liberal government has dropped the ball.

When after September 11 Canadians clamored for a collective sense of security, the government increased taxes on air travellers. Today in reaction to polls showing that Canadians do not trust government, the federal Liberals offer up not accountability but a power grab for the cabinet.

Bill C-55 is another omnibus bill that the government has tabled since September 11 and the tragedy therein. The first was Bill C-36 which the government introduced on October 15, over a month after the tragedy and which amended over a dozen statutes and added a new one.

Bill C-55, the public safety act, is just as cumbersome and every bit as complex as Bill C-36. Indeed this bill's complexity and the ham-fisted way incompatible themes have been duct taped together into one bill is obviously a sign of a government unable to and arguably incapable of leading in a time of crisis.

On November 20, 2001 at about 5.25 in the evening the government House leader sought unanimous consent to suspend the standing orders and introduce a government bill at 2 p.m. the next afternoon. The bill, “An Act to amend certain Acts of Canada and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety”, would be complex and a briefing to staff would be offered. After two months of hibernation on aviation security legislation, there was now a flicker of hope that our government would finally react.

At 2 p.m. on November 21, 2001 the promised bill was nowhere in sight. Last minute problems delayed its introduction. Bill C-42 was introduced the following day on November 22 and contained some 19 parts dealing with everything from money laundering to the implementation of a 1977 treaty on biotoxins. A miniature section on aviation security was thrown in for measured optics.

With the same deft touch that marked the bill's introduction on Wednesday, November 28, within a week of its first reading in the House, the government House leader was again on his feet to state that unanimous consent had been required and obtained to delete clause 5 which dealt with section 4.83 of the Aeronautics Act regarding the provision of information. The clause was to be reintroduced in Bill C-44, an act to amend the Aeronautics Act, which was ordered for consideration at second reading a mere two sitting days later.

Examination showed that the clause which was deleted had been written to comply with section 115 of the U.S. aviation and transportation security act which had been signed by President Bush days prior. In short, airlines would not be able to fly into the United States after January 18 unless they provided certain information to the U.S. customs service.

There was one problem. The clause allowing Canadian airlines to comply with the U.S. legislation was buried deep in a massive omnibus bill and there was no hope of getting the omnibus bill passed before January 18, 2002. The government took the only possible option. It took the useful clause out of Bill C-42 and introduced it as Bill C-44, a one clause bill which was passed in the House on December 6 and received royal assent on December 18.

The Liberals' stunning mishandling of the public safety act is underlined by the fact that more than five months after Bill C-42 was introduced we are discussing and debating a virtually identical bill with most of the same problems. The government seems to have learned nothing.

Bill C-55 addresses a number of totally unrelated ideas. It should be broken up. Just as it made sense last November to put clauses of Bill C-42 into a separate bill, Bill C-44, it now makes sense to break Bill C-55 into separate bills so they might in turn get the committee's scrutiny. This is what our system of government was designed for. It is what Canadians expect. It would allow the various committees of the House to study the relevant parts of the bill instead of sending the entire bill to a single committee, in this case the Standing Committee on Transport and Government Operations.

Bill C-55 deals with money laundering and the implementation of a 1977 treaty on biotoxins, topics which would hardly be considered the domain and responsibility of a transport committee. Having said that, I will deal in specific terms with the sections of the bill that deal truly with transport. It is our intention to give each of our party's critics the opportunity to speak to the parts of Bill C-55 that would affect the departments they monitor. It is also our intention to allow our justice critic the hon. member for Provencher to address the parts of the bill that would give ministers the power to make interim orders with respect to unforeseen threats in their departments.

I will address the key areas with respect to transport. The first is the apportionment of security costs. As members opposite may notice, this is not dealt with in Bill C-55. That is part of the problem. Bill C-42 which Bill C-55 replaces was also called the public safety act. It contained a clause which would have introduced a new subsection to the Aeronautics Act. Proposed subsection 4.75(1) read:

The Minister may apportion the costs of any security measure between the persons to whom it is directed, or by whom it is carried out, and any person or persons who, in the opinion of the Minister, would reasonably be expected to benefit from the security measure.

In the context of passenger screening this might have apportioned costs among the flying public to whom it was directed, the airlines and airport authorities who carried it out, and any person who could have reasonably benefited from it. Given that the September 11 victims were mostly in office towers and on the ground, this might well have been the general taxpayer.

These sentiments were expressed in recommendation 14 of the report of the Standing Committee on Transport and Government Operations, “Building a Transportation Security Culture: Aviation as the Starting Point”, which was released on Friday, December 7. I am glad the Parliamentary Secretary to the Minister of Transport is here because the report which tabled 15 recommendations on airport and airline security was supported unanimously at committee.

The Parliamentary Secretary to the Minister of Transport, the hon. member of parliament from Chicoutimi, said the government should not impose a $24 tax and put it all on the shoulders of passengers. He said we should spread out the costs. The view was supported unanimously but the government rejected it. It rejected its own parliamentary secretary and the hard work of the committee.

The recommendation I am referring to reads:

All stakeholders--including airports, air carriers, airline passengers and/or residents of Canada--contribute to the cost of improved aviation security. In particular, the amounts currently spent by airports and air carriers should be continued--

They are not now continued by law. The recommendation goes on:

--with appropriate adjustments for inflation. A ticket surtax could also be implemented, and any funding shortfalls could be financed out of the Consolidated Revenue Fund.

The initial apportionment of security costs was a good idea. It was in the spirit of what the transport committee had recommended. I was surprised the clause was not included in the new public safety act Bill C-55. After all, we read constantly in the press that the Liberals want to listen to Canadians and their concerns.

When I heard WestJet was cutting 13 weekly flights between Edmonton and Calgary and dropping its Victoria-Kelowna service as a result of the oppressive impact of the Liberal government's air tax on short haul carriers, I hoped the Liberals were listening. I thought maybe they were having a change of heart. Then I noticed the apportionment of costs clause was gone from Bill C-55. If Bill C-42 had not been withdrawn and had been reintroduced in virtually its original form with only a number change, the apportionment of security costs would have ended up being debated and scrutinized by the transport committee which had recommended an apportionment of security costs model in the first place.

Given that the model was rejected by the finance committee after the Liberals who supported it were removed and by the Liberal voting machine which heeded the Prime Minister's orders on Bill C-49, the government did not want the apportionment of security costs clause going back before the committee. Since it was the only way to avoid having such a clause debated by committee the government pulled the bill, deleted the clause, renumbered the bill and reintroduced it as a brand new piece of legislation in Bill C-55. After all this government members wonder why 69% of Canadians think federal politics is corrupt.

The second transport related clause of Bill C-55 that I will address is the new anti-air rage provision. Clause 17 of Bill C-55 would introduce a new section to the Aeronautics Act, section 7.41. In many ways the section would build on concepts contained in the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft which Canada ratified on November 7, 1969, and the 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation which Canada ratified on June 19, 1972.

Essentially these treaties make interference with cockpit crew an international offence. Clause 17 of Bill C-55 would make it an offence punishable by a $100,000 fine and/or up to five years in jail to interfere with any crew member in the performance of his or her duties or anyone who is following the instruction of a crew member. We in our party fully support clause 17 of Bill C-55 and applaud its introduction by the government.

Clause 5 of Bill C-55 deals with the type of information an airline or other transport authority may provide to authorities. It would modify sections 4.7 and 4.8 of the Aeronautics Act. Under clause 5 of Bill C-55 the new subsection 4.82(4) of the Aeronautics Act would read:

The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security or the identification of persons for whom a warrant has been issued, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule

(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or

(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.

The modified subsection 4.82(5) of the Aeronautics Act would enable the RCMP to share this information with CSIS. These powers, correctly used and perhaps modified by committee, might give Canadian intelligence authorities access to the same type of information the Americans have in their Computer-Assisted Passenger Prescreening System or CAPPS. It is imperative that this be the case.

For years Canadians have bragged about having the world's longest undefended border. We have had access to America like no other nation. Those days are over because of the government's mismanagement since September 11. Armed national guardsmen now protect the previously undefended border. That single fact, breaking with years of tradition, is a damning indictment of the government's post-September 11 record. By guarding the border the Americans are sending Canada a simple, four word message: “We don't trust you”.

Sunday's 60 Minutes report may help convince some of the voting machines opposite of the urgent need to act. We face a choice as a nation. With regard to the new fortress America we can either be inside looking out or outside looking in. We are on probation. It matters greatly what we do in the coming months.

It is critical that we build computer system like the one America has, the Computer-Assisted Passenger Prescreening System or CAPPS. This would show we were serious about protecting our border from terrorism and those who would use our tremendous support of legitimate refugees as a cover for criminal acts. A cornerstone of CAPPS is getting information from airlines. Bill C-55's modifications to subsections 4.82(4) and 4.82(5) of the Aeronautics Act are a step in the right direction.

It may come as a surprise to members of the House that airlines maintain two types of files on their passengers. First, they maintain a passenger name record or PNR. This is the file airlines create when they reserve a seat for a passenger. It contains information such as the passenger's name, address, phone number and form of payment. It also contains reservation information such as boarding city, destination, connections, flight numbers, dates, stops and seat assignment. Based on this information the manifest is prepared for each flight showing who is sitting where. Routinely at present this is the information handed over to authorities when there is an airline accident.

Second, airlines maintain the APIS or advanced passenger information system data. It includes five fields: passenger name; date of birth; citizenship, nationality and document issuing country; gender; and passport or document number. Other than the passenger's name this information is not normally collected by the airlines. Unless passports are machine readable much of the information must be entered manually. For this reason airlines only collect it when they must provide it to immigration authorities.

The U.S. currently requires this type of information for U.S. bound Asian passengers transiting through Vancouver under the Canada-U.S. memorandum of understanding which allows such passengers to go through U.S. customs without first passing through Canadian customs. It is not immediately clear whether the modified subsections 4.82(4) and 4.82(5) of the Aeronautics Act would apply only to PNR information which airlines normally have in their reservations systems or also to APIS information which may be collected as passengers board flights overseas destined for Canada.

In the U.S. the new aviation and transportation security act mandates that the administrator of the Federal Aviation Administration require air carriers to expand the application of the Computer-Assisted Passenger Prescreening System or CAPPS to all passengers regardless of baggage. In addition, passengers selected under the system are subject to additional security measures before boarding including checks of carry on baggage and of their person. Both the PNR and APIS information is sent electronically to the U.S. customs supercomputer in Newington, Virginia where the CAPPS system enables the passenger profiling that keeps America's skies safe.

The U.S. is actively fighting a war on terrorism. It is walking the walk, unlike the Liberal government. Given that page 95 of the budget allocates $76 million to improving co-ordination and information sharing among government agencies, I call on the government to follow America's lead and send both PNR and APIS information to a single agency so Canada can create its own CAPPS system to enhance intelligence gathering on would-be terrorists. This would keep Canadians safe in the air and on the ground. More importantly, it would help restore America's trust in Canada's commitment to fighting terrorism as opposed to merely talking about fighting terrorism which is all we have seen from the government. It would be nice if the government would make the real legislative and budgetary commitments to send that signal. With a view to enabling this type of information gathering the Canadian Alliance will be tabling amendments at committee.

I conclude by calling on the government to divide Bill C-55 so the appropriate standing committees may give the bill proper examination. I move:

That the motion be amended by deleting all the words after “that” and substituting the following:

“this House declines to give second reading to Bill C-55, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety, since the Bill reflects several principles unrelated to transport and government operations rendering it impractical for the Standing Committee on Transport and Government Operations to properly consider it”.

Terrorism

[Svend Robinson, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I too rise to support the decision of the government to ratify the International Convention for the Suppression of Terrorist Bombings. This brings to 12 the number of conventions we have ratified.

In this war against terrorism, as mentioned by my colleague from Mercier, we must also ratify the other international instruments dealing with human rights.

All states should be encouraged to ratify international human rights conventions at the earliest possible time, particularly the six core treaties. As well, ratification of the Rome Statute of the International Criminal Court should be promoted along with a strengthening of the mandate of the court to enable it to deal with terrorism which may not constitute a crime against humanity. In the struggle against terrorism the importance of respecting fundamental human rights and freedoms must be underscored. As Bacre Ndiaye of the United Nations High Commissioner for Human Rights pointed out:

There is evidence that some Governments are now introducing measures that may erode core human rights safeguards.

In some countries, non-violent activities have been considered as terrorism, and excessive measures have been taken to suppress or restrict individual rights--

Here at home the so-called anti-terrorism legislation Bill C-36 and the legislation just tabled, Bill C-55, raise serious human rights concerns as well.

In the fight against terrorism we must do far more to tackle the conditions which give rise to desperation and hopelessness and can ultimately be exploited by terrorists. These include poverty, the injustices that continue in the Middle East with respect to the illegal occupation by Israel of the occupied Palestinian territories, the inhumane sanctions on Iraq, and the continued denial of the rights of the Kurdish people.

We in our party welcome the decision of the government to ratify the treaty. However much more work must be done if we are to effectively counter terrorism around the globe.

Privilege

[John Reynolds, Canadian Alliance, West Vancouver—Sunshine Coast, BC]

Mr. Speaker, I guess the Liberals get so many fairy tales at caucus it is a little tough to listen to them here.

As I was saying, the fire consumed 50 of the backbenchers and sent the rest scurrying back into the castle. When King Jean was told of the terrible tragedy he resolved to investigate it himself. To help he took along two of his most trusted knights: Lady Marlene, the keeper of the royal whip; and Lord Goodriavere who had just risen to high rank through faithful service to King Jean.

As they surveyed the scene of the tragedy and saw 50 fried backbenchers they observed three things. First, they said it was too bad. Second, they saw the dragon lying dead from overexertion. Third, they noticed the dragon's fire had ignited a seam of coal in the cave from which smoke continued to billow.

Lady Marlene who is a straightforward woman said the obvious: “The dragon is dead. This is good news. Let us go and tell it to the backbenchers”. However Lord Goodriavere said not so fast. Turning to King Jean he said “I see an opportunity here to maintain and increase our control over the peasants. Let us imply, indirectly of course, that the fiery dragon still lives. We can point to the smoke belching from the cave as evidence of this. Let us tell the backbenchers that henceforth they can only go out of the castle with royal permission and under the supervision of myself and Lady Marlene, for the safety and protection of themselves and the castle of course”.

King Jean thought this was a splendid idea. Thus the myth of the fiery dragon was established to coerce and control the backbenchers of the kingdom.

Like the dragon in the story, it is a myth that a government must resign if a government bill or motion is defeated or if an opposition motion or amendment is passed. The myth is used to coerce government members, especially backbenchers, to vote for government bills and motions with which they and their constituents disagree and vote against opposition motions and amendments with which they substantially agree.

We saw this when Liberal members were forced to vote down compensation for hepatitis C victims. We saw it when they were forced to vote down their own policy to scrap the GST. We saw it when they appointed an ethics counsellor who reports directly to parliament. We saw it last Wednesday when the Liberals forced the withdrawal of a private member's bill instead of giving the House an opportunity to vote on it.

In determining the guilt of the hon. member for Esquimalt--Juan de Fuca it is important to compare his actions to other inappropriate acts. In other words, does his behaviour live up to the standards we have established and does he deserve the punishment mentioned in the government's motion?

Let us look back at the election that first brought the government to power. No motion was tabled criticizing the members who told the public they would scrap the GST and then decided to keep it. No one on that side of the House tabled a motion to admonish the Prime Minister for flip-flopping on free trade. Nothing was done about the broken promise to restore faith in good government.

That is why today in the papers we see a poll that says 71% of Canadians think government is corrupt. Ministers caught in a jam about the truth refused to resign and were never pressured by the Prime Minister to do so. How about ministers or so-called leadership candidates accepting payments from undisclosed interests to finance their undeclared leadership races? How about my favourite issue: closure and time allocation? It has been implemented 75 times. That is a higher number than under any other government in the history of this great nation. It leads to frustration.

Mr. Speaker, you had strong words to describe the abuse of time allocation and closure when you were in opposition. On February 19, 1993 you said:

What we have here is an absolute scandal in terms of the government's unwillingness to listen to the representatives of the people in the House. Never before have we had a government so reluctant to engage in public discussion on the bills brought before this House...I suggest that the government's approach to legislating is frankly a disgrace. It cuts back the time the House is available to sit and then it applies closure to cut off the debate.

If I did not know it I would have thought the Chair was talking about the present government. He would have to work a lot harder because the list of the present government is long compared to the Tory government of the past.

Mr. Speaker, I have one more quote from you. It is a good example of how closure frustrated even a patient man such as yourself. On April 23, 1993 you said of the use of closure:

I suggest this is not the way to run Parliament. This is an abuse of the process of the House.

Mr. Speaker, I agree with you. When a government abuses the process as it did with the private member's bill for the hon. member for Esquimalt--Juan de Fuca it results in frustration. It is no way to run a parliament.

I will go over a couple more examples. As hon. members will recall, there was to be an independent judicial inquiry into the Somalia affair. The minister of defence shut it down. Then the Prime Minister decided it would be best if he did not testify before the APEC inquiry. There was also a certain phone call to the president of the Business Development Bank of Canada. I am sure the Chair would agree these actions are better suited for a motion of contempt than the actions of the hon. member for Esquimalt--Juan de Fuca.

My party has raised many questions of privilege of the House on important matters that attacked the authority and dignity of the House but no action was taken. Not one Liberal stood to support this institution. I will cite a few examples.

Do hon. members remember when the Minister for International Trade sent out a press release on March 30, 1998 entitled “Marchi Meets with Chinese Leaders in Beijing and Announces Canada-China Interparliamentary Group?” At the time there was no Canada-China interparliamentary group. The minister gave the impression the association existed when parliament had not approved it. That is a fine example of the respect the Liberal government gives to parliament.

Let us not forget the naming of the head of the Canada Millennium Scholarship Foundation by the government before there was legislation to set up the foundation. Did the government think this dismissive view of the legislative process was an affront to parliament? No, it defended its actions.

I could supply the House with many more examples. However I will now turn to cases that involved the conduct of hon. members and cases found to be prima facie. In this parliament alone we have had three questions of privilege involving ministers. The Chair found all three to be prima facie. As a result they were referred to the Standing Committee on Procedure and House Affairs.

Let us examine the three cases. First, the present Minister of Health when she was minister of justice leaked the contents of Bill C-15 to the media before it was tabled in the House. She was found to be in contempt by the Standing Committee on Procedure and House Affairs but the committee declined to recommend a punishment. It instead gave her a warning. The committee suggested if it ever happened again it would not be so generous. Let us compare this to the current case. They are both affronts to parliament but the Liberal minister received no punishment. She was told not to do it again. She received a mere slap on the wrist.

Second, the same minister was up on the same charge for leaking the contents of Bill C-36. The committee concluded she could not be responsible because it could not find the guilty party who leaked the bill. That is so much for ministerial responsibility. The minister got away twice without punishment.

Third, the minister of defence made misleading statements in the House. This is normally considered a grave matter. What was the outcome of the question of privilege? The Standing Committee on Procedure and House Affairs essentially whitewashed the whole affair. The minister got off without having to receive any punishment whatsoever.

Let us go back to the 35th parliament. We had a case where a Bloc member, Mr. Jacob, wrote a letter to Quebecers in the military suggesting they defect and join a separate Quebec army in the event the referendum result turned out to be a yes. Do hon. members remember that? A Reform member, Mr. Hart, rose in the House and charged Mr. Jacob with sedition. The Standing Committee on Procedure and House Affairs considered the matter. The Liberal majority, afraid to upset anyone in a post-referendum atmosphere, concluded that contempt had not occurred and no punishment was deserved.

Let us imagine that. In the U.S. the member would have been sent to prison and put on death row. In Canada we get more upset over someone grabbing the Mace. At least the hon. member for Esquimalt--Juan de Fuca has apologized. Mr. Jacob never apologized to the House for his conduct.

Let us look an identical case which occurred in the 34th parliament. In a similar moment of frustration Ian Waddell grabbed the Mace as the Sergeant-at-Arms was carrying it out of the House. The next day the government House leader moved a motion requiring Mr. Waddell to appear before the bar of the House to be admonished by the Chair. If that was the punishment for touching the Mace in the 34th parliament why is the government House leader in this parliament recommending a more severe punishment?

[Carol Skelton, Canadian Alliance, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, I rise on a question of privilege with regard to a notice sent out yesterday by the Standing Committee on Health. The notice misrepresented the role of the House in a way that seriously maligns parliament.

The notice sent out by the health committee indicated that its business for the day was Bill C-53. Bill C-53 was up for debate yesterday and had not yet passed second reading when the notice was sent. The committee chairman had presupposed that the House would pass Bill C-53. While that ended up being the outcome, the committee notice to study Bill C-53 should not have been sent out until the House had made the decision to refer the bill to committee.

I refer the House to a ruling from October 10, 1989. Mr. Speaker Fraser ruled on a similar matter regarding an advertisement put out by parliament before parliament approved it. The Speaker quoted the then member for Windsor West, the recent Deputy Prime Minister, as saying:

--when this advertisement...says in effect there will be a new tax on January 1...the advertisement is intended to convey the idea that Parliament has acted on it because that is, I am sure, the ordinary understanding of Canadians about how a tax like this is finally adopted and comes into effect. That being the case, it is clearly contempt of Parliament because it amounts to a misrepresentation of the role of this House--.

The Speaker's comment in 1989 ruled that the effect of presupposing a decision of the House may tend to diminish the authority of the House in the eyes of the public.

We can draw a parallel between the 1989 case and the recent notice sent out by the health committee. If the committee gives the impression that Bill C-53 received second reading before the vote took place at second reading then its notice conveys the idea, as the former member for Windsor West argued, that the House adopted Bill C-53 at second reading since that would be Canadians' normal understanding of the process. The former Deputy Prime Minister argued that this sort of mockery of the parliamentary system amounts to contempt of parliament.

While the Speaker in 1989 did not rule a prima facie question of privilege he did say:

--I want the House to understand very clearly that if your Speaker ever has to consider a situation like this again, the Chair will not be as generous.

Mr. Speaker Fraser was in a quandary. He was not sure on which side he should rule so he gave a warning. He warned that next time he would rule on the side of granting a prima facie question of privilege.

This sort of thing has happened many times since those words were spoken. In the last two parliaments the Speaker had a tendency to look the other way. He did so when the Minister for International Trade sent out a press release announcing the establishment of a Canada-China interparliamentary group when no such group existed. He did so when the government announced the appointment of the head of the Canada Millennium Scholarship Foundation before there was legislation to set up the foundation.

A matter was raised by hon. member for Prince George--Peace River regarding the Canadian Wheat Board on February 3, 1998. Another matter was raised on October 28, 1997 regarding the Department of Finance. These complaints headed other warnings.

On November 6, 1997 the Speaker said:

--the Chair acknowledges that this is a matter of potential importance since it touches the role of members as legislators, a role which should not be trivialized. It is from this perspective that the actions of the Department...are of some concern...This dismissive view of the legislative process, repeated often enough, makes a mockery of our parliamentary conventions and practices...I trust that today's decision at this early stage of the 36th Parliament will not be forgotten by the minister and his officials and that the departments and agencies will be guided by it.

These are strong words but such words cannot always be effective in defending the authority of this House. The fact that this behaviour continues undeterred demonstrates that the House must get serious.

Thankfully in this parliament the Speaker has taken these matters seriously. I will comment on two of those cases because they help to establish a pattern involving a particular minister.

Bill C-53 is sponsored by the same minister who was charged with contempt for leaking the contents of Bill C-15 before it was tabled in the House. When the Minister of Health was minister of justice, she was at it again with Bill C-36. Bill C-53 represents the minister's third offence, the latest tragedy to be preformed from her trilogy of contempt.

If the House is to function with authority and dignity then it must be respected, especially by its own members.

Mr. Speaker, I ask that you rule this matter to be a prima facie question of privilege at which time I will be prepared to move the appropriate motion.

Terrorism

[Martin Cauchon, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, the hon. member knows very well that I cannot comment on any operations of the RCMP. We are not commenting on any specific group but, generally speaking, we know that within Canada there are people involved in terrorism just as there are anywhere else in the world. It is a global problem within a global context.

However we have to bear in mind that over the past two years the government has provided the RCMP with an additional $2 billion to fulfill its requirements. It has also been provided with additional tools such as Bill C-36 and is doing everything in its power to bring those people to justice.