Bill C-42 (Historical)

Antarctic Environmental Protection Act

An Act respecting the protection of the Antarctic Environment

Antarctic Environmental Protection Act

[Joe Comartin, NDP, Windsor—St. Clair, ON]

Mr. Speaker, I also appreciate the opportunity to speak to Bill C-42. It is one of those times that we stand up in the House and say that it is about time.

The Madrid protocol, which Canada agreed to in 1991, is basically the reason this bill is before the House. However, as in so many other cases, it has taken us a full decade to bring forward supporting legislation for commitments that we made at the international level. It is all too typical of the government in the way it has avoided its responsibility to the various countries on this planet in terms of meeting our responsibilities. Again I repeat, it is about time.

Having said that, I want to address a couple of points with regard to the Madrid protocol and this legislation. I would indicate that the NDP is prepared in principle to support the bill. It is one that in its overall context and direction we do support.

The bill has encompassed to some degree the protocol but I do have some reservations and I want to mention those. It does address the protocol in the sense that the protocol had various principles that underpinned that agreement at the international level. It was making sure that the Antarctic would never be militarized and that neither nuclear weapons nor reactors would ever be placed there. It has a number of provisions in it which encourage further scientific research in the area to identify the ecosystem in many respects and hopefully ways of being able to identify needs that we and the rest of the planet may be able to maintain.

It was interesting to listen to the Alliance's attack on the government with regard to how Kyoto will be a disaster, according to them. The Antarctic, as is our Arctic, is the first victim of the global warming that we are seeing. I remember about a year ago there was a huge chunk that separated off the ice patch there that was larger than Newfoundland. It has completely broken up and is no longer part of that continent. Therefore, we badly need Kyoto in place as quickly as possible to forestall further damage like that to the Antarctic.

Going back to this bill specifically, the final point I would mention in terms of one of the underlying principles of the Madrid protocol is that all countries that signed on to the protocol would, in effect, abandon sovereignty claims. Not all countries have and so there is still an issue in that regard, but it certainly behooves Canada to take part in this.

Once the bill goes to committee we will have a greater opportunity to explore this but I do want to raise a couple of cautions. There are concerns about whether the bill goes far enough to implement the Madrid protocol and protect the Antarctic. I just want to mention a couple of sections. One is clause 5.

I am not sure how one would ultimately interpret this, but clause 5 of the bill as printed and presented to the House leaves open the possibility of the military having access to the sites. In fact, it specifically says that the bill would not apply to the Canadian military. I do not understand that and we will have to explore that.

The other one is that the prohibition in clause 7 prevents a number of activities but specifically allows commercial fishing. That is a great concern to us in Canada given the devastation that we have seen to some of our fishing stock when it is uncontrolled, as it would be in the sense that there are no controls in this legislation in that regard.

[Bernard Bigras, Bloc, Rosemont—Petite-Patrie, QC]

Mr. Speaker, I am pleased to speak today on Bill C-42, a bill to ratify the Protocol on EnvironmentalProtection to the Antarctic Treaty.

This protocol was signed by Canada in 1991 and one of its purposes was to protect the ecosystems in an extremely fragile area.

Knowing the current state of Antarctica in particular, we know that it is fundamental that there be critical parameters for all activities that might take place in this very fragile area.

This protocol reinforces what the Treaty on Antarctica established in 1961. This protocol also makes it possible to endorse and implement the principles established in 1961, after the signing of the Treaty of Antarctica. These principles include making Antarctica a nature preserve to be protected. A further intent was to make Antarctica an area where no military activities could be carried out.

This is important. Given what we have all experienced in the past few months, it is important to reaffirm, in legislation, Canada's will to make the Antarctic a demilitarized zone.

The third important principle in the Antarctic Treaty of 1961 was to ensure greater cooperation with regard to research, particularly scientific research. The goal was to ensure the uniformity of exchanges and partnerships.

Furthermore, another aspect concerns the suspension of sovereignty and claims to territorial sovereignty in this area of the Antarctic; this applies to a number of territories in the Antarctic. Issues relating to sovereignty and claims to territorial sovereignty are currently on the table, but the 1961 treaty suspends such claims.

One final aspect prohibits nuclear explosions or the disposal of radioactive waste material; Bill C-42 contains provisions on this.

What, then, is the aim of this bill? It seeks to provide a solution to what the member states had agreed to in the Antarctic Treaty of 1961. Canada reiterated its commitment in 1991, by signing the Madrid protocol. We are proud to say today that this protocol has been ratified.

There are provisions in this legislation. What is their purpose? To protect ecosystems in this fragile zone and make it a demilitarized zone, if possible. This would ensure that this zone does not become a disposal site for radioactive and nuclear waste; and would also suspend claims to territorial sovereignty. All this, to ensure that this zone, which is unique in the world, will receive sufficient protection.

In closing, I want to add that my party is very pleased to support Bill C-42, which will provide a sustainable solution for a fragile zone that must be protected as a natural heritage site.

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

Mr. Speaker, as the former environment minister in the beautiful and bountiful British Columbia, I have long had a deep and abiding concern about the need to protect the pristine and unexploited regions on the planet.

I am here at the request of my hon. colleague, the member for Red Deer, to speak to Bill C-42, an act respecting the protection of the Antarctic environment. This legislation may actually be worthwhile in that it is legislation that may actually do what it says it will do. That is rare: good legislation coming from a Liberal government. I wonder if this was one of the last items on the previous government's agenda.

One would think that by now the Liberals would have passed all the legislation left over from the Mulroney regime and would have come up with some of their own. I know that with their leadership woes going back to 1990 and that leadership race that never stopped running, they have been preoccupied, but surely they could have found time in the last 10 years to come up with something original. If this is it, we should offer them mild congratulations.

Other environmental legislation they have introduced will do nothing but harm. This bill appears to be fairly benign, unlike the species at risk legislation and the Kyoto legislation that will one day prove ruinous to Canada. Having said that and to repeat my earlier statement, we in the Canadian Alliance share the goal of this legislation and wholeheartedly support its premise.

The act would allow Canada to formally ratify the so-called Madrid protocol to make sure the international community uses the Antarctic for peaceful and scientific purposes only. The Antarctic Treaty of 1961 prohibits military activity. It guarantees freedom for and cooperation in scientific research. It agrees to the exchange of information, suspends all territorial claims and prohibits nuclear activities and disposal of radioactive waste.

The act would become part of the Antarctic Treaty system and that is something the Canadian Alliance endorses and supports wholeheartedly. We in the Alliance recognize the importance of an ethical dimension in our foreign policy and will do what is necessary to achieve that after the next election.

I should pause here for the benefit of Liberals to define the word ethical. It means morally correct and honourable. If the Liberals want me to define morally correct and honourable, well I could go on and on but I do not want to get off the topic.

The Canadian Alliance believes that responsible exploration, development, conservation and renewal of our environment is critically important. The act would stop exploitation and ruination of a unique environment before it begins and that is worth supporting.

We have something in common with the bottom of the world sitting where we do at the top of the world. Outside of northern Canada and the Arctic, the Antarctic is one of the few frontiers left on the planet. Our northern lands, starkly beautiful, have been scarred by the carelessness of the Liberals over the years. We do not want the world to do to the Antarctic what the Liberals have allowed to be done to our Arctic.

On behalf of the hon. member for Red Deer and all Canadian Alliance colleagues, I declare our party's support for this legislation that protects the environment. It is unfortunate the Liberals have dragged their feet for so long that it is only now we come to vote on this very important bill.

[Alan Tonks, Liberal, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-42.

Bill C-42 is enabling legislation that will allow Canada to ratify the Protocol on Environmental Protection to the Antarctic Treaty, commonly known as the Madrid protocol.

Since signing the protocol in 1991, Canada has been committed to its ratification. By doing so, Canada will be joining the other 29 nations that have ratified the protocol. It will commit the country to the protection of this unique ecosystem, from which we can learn a great deal about the world's environment.

As a nation active in Antarctica, we must provide clarity on Canada's role in the region to Canadians present there and to the global community. We must establish mechanisms that will prevent or mitigate potential negative environmental impacts of human activity.

The Antarctic was once available to only the most adventurous of explorers and is now visited regularly by tourists and scientists, including Canadians. With continued scientific research, commercial fishing and increased tourism, we must be cognizant of the cumulative impacts of human action.

The challenge that nations operating in the Antarctic face is to manage activities in a way that balances the benefits of access with the need for environmental protection. The Madrid protocol, which came into force in 1998, achieves that balance through three key obligations.

First, it commits parties to the comprehensive protection of the Antarctic environment and designates Antarctica as a natural reserve devoted to peace and science.

Second, it sets out the principles for environmental protection, requiring an environmental impact assessment of all activities before they are allowed to proceed.

Third, the Madrid protocol bans activities harmful to the Antarctic environment, such as commercial mineral resource activity, damage to historic Antarctic sites and the harmful disturbance of wildlife.

The protocol's approach to environmental protection and conservation is similar to the approach taken by Canada in the areas of environmental assessments, marine pollution countermeasures, as well as our general approach toward national parks and species at risk.

What Bill C-42 does is it provides the legislative basis needed to implement the requirements of the Madrid protocol in Canada. Canadian tour companies and scientists are already voluntarily complying with the protocol using the approval mechanisms established by other nations. Those individuals and groups have consistently called upon Canada to ratify the protocol.

It is time for Canada to take responsibility for the activities of its nationals in the Antarctic.

Bill C-42 is consistent with established Canadian legal policy and practice and is in accordance with international law. It is consistent with the approach taken by other countries that have ratified the protocol.

The history of Antarctica is one of inspiration. It inspired people like Scott, Amundsen, Shackleton and the men that joined them, including other Canadians. It inspired ground breaking scientific research. Perhaps most important, it inspired the nations of the world to come together in a spirit of cooperation and multilateralism to declare that there would be a place on earth dedicated to peace and science.

It is now time for Canada to complete the process that began a decade ago and join the world in preserving and protecting the environment that has inspired so many in the past so that it will continue to inspire many more in the future.

We have seen only too well what damage can be caused to fragile frozen tundra if rules and procedures are not put in place and a common understanding is not established.

Antarctica is the last great wilderness on earth. It is not the territory of one nation, but the responsibility of all people in the world.

Canada has a well deserved reputation as a responsible polar nation that protects its environmental heritage. That reputation must be extended to Antarctica as well.

My hope is that passage of the bill through the House will enable Canada to do its fair share to protect this last common wilderness as a legacy for people in the future.

[Don Boudria, Liberal, for the Minister of the Environment]

moved that Bill C-42, an act respecting the protection of the Antarctic Environment, be read the second time and referred to a committee.

Business of the House

[Don Boudria, Liberal, Minister of State and Leader of the Government in the House of Commons]

Mr. Speaker, there have been consultations among all parties in the House and I believe you would find unanimous consent for the following motion. I move:

That, immediately after government orders are called on Friday, June 13, the House shall proceed to consider second reading of Bill C-42 and, after no more than one representative of each party has spoken for no more than five minutes each, the bill shall be deemed to have been read a second time, referred to a committee of the whole and reported without amendment, concurred in at report stage and read a third time and passed, and the House shall then proceed to consider and dispose of Bill C-44 in the same manner as provided for in this order for Bill C-42.

[Don Boudria, Liberal, Minister of State and Leader of the Government in the House of Commons]

Mr. Speaker, I usually answer about the legislative program in the House and that is what I will do now.

This afternoon we will continue with the business of supply, with votes scheduled for 8 p.m., pursuant to the arrangement made earlier.

The business that the government will put forward before the House tomorrow, pursuant to another agreement which I will be submitting to the House a little later this afternoon, will be Bill C-42, the Antarctic agreement, Bill C-44, respecting compensation for certain military personnel, and then Bill C-35, the military judges bill. If there is any time left, we will then consider Bill C-34.

The program for next week would be Bill C-7, first nations governance, Bill C-17, public safety, and Bill C-13 respecting reproductive technologies, as well as other legislation which has returned from committee, for instance, legislation such as the sex offender registry and bills like that.

Agriculture

[David Collenette, Liberal, Minister of Transport]

Mr. Speaker, perhaps the hon. member has been so far back behind the curtains over there that he has not seen what this government has done in the last six months, with an outstanding budget and an active legislative agenda, led by the Prime Minister and culminating in the passage of Bill C-42. We are 100% behind the Prime Minister and the legislative program of this party and this government.

The Environment

[David Anderson, Liberal, Minister of the Environment]

Mr. Speaker, last Friday we introduced Bill C-42 which would allow Canada to ratify the Madrid protocol and join our global partners in protecting this area. I am proud to add that since signing the protocol in 1991, Canada has been meeting and exceeding the obligations under the protocol.

With the cooperation of parties on all sides of the House, it would be very easy for the bill to be passed this week.

Antarctic Environmental Protection Act

[David Anderson, Liberal, Minister of the Environment]

moved for leave to introduce Bill C-42, an act respecting the protection of the Antarctic environment.

(Motions deemed adopted, bill read the first time and printed)

Public Safety Act, 2002

[Lynne Yelich, Canadian Alliance, Blackstrap, SK]

Mr. Speaker, I rise today to participate in the third reading debate of Bill C-17, 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, otherwise known as the public safety act.

Our party will be reluctantly supporting Bill C-17 for two reasons. First, the events of September 11, 2001, have made legislation like Bill C-17 necessary. The United States, western Europe and most, if not all, of our major allies have adopted similar legislation as modern democracies attempt to deal with the terrorist threat from faceless cowards. To the extent that this type of legislation is necessary, I will support it.

Second, even as I support it, I must call on the government to adopt a higher standard both in the quality of legislation that it puts forward and in its willingness to be accountable to Parliament. In fact, it could be said that Bill C-17 and its predecessors are symptoms of what is wrong with the way Liberals govern our country.

If the true measure of a man is what he does rather than what he says, then the measure of a country must be in part its reaction to times of trial and stress. In the United States, 10 days after the September 11 attack, Senator Fritz Hollings was on his feet to introduce America's response, S.1447, a bill to improve aviation security, and for other purposes. With lightning speed, and despite an anthrax scare on Capitol Hill, both the house of congress and the senate quickly passed the legislation and President Bush signed it on November 19, 2001.

Members should think about this. Capitol Hill was under fire from all sides, yet dialogue happened. Politicians of different parties built a consensus on how a superpower would respond to a terrorist threat on its own soil and make its citizens feel safe.

In 1968, in his book Toward a Psychology of Being , Abraham Maslow identified his famous hierarchy of needs: physiological, safety, love, esteem and self actualization. The second of these is safety, otherwise known as security needs, and it is one of the few that the state can provide in a concrete way. United States governments of all political stripes have long understood that their first duty is to protect the safety security of their citizens and so when September 11 happened, Capitol Hill acted with a speed that was nearly dizzying.

A bill was proposed and amended. The house of representatives and the senate concurred and the President signed his approval. The whole process lasted a mere 10 weeks. During that same 10 weeks the Liberal government slept. In fact, it was a full three days after President Bush signed the U.S. law that the Liberal government tabled the first version of the public safety act, then called Bill C-42, on November 22.

Bill C-42 immediately drew fire from all sides. However, rather than seeking to build the kind of consensus that would allow a nation to respond quickly to a new threat, the government hid. The bill never went to any committee and was withdrawn April 24, 2002. Then, five days later, the Liberal government introduced Bill C-42's replacement, Bill C-55.

I have long believed that people in government should learn from their mistakes. One of Bill C-42's problems had been its complexity. It would have amended or introduced legislation affecting 10 federal departments. It was so complex that the portion giving airlines the legal authority to share reservations information with foreign governments had to be hived off into another bill, Bill C-44, so that some of the more useful clauses could get quick passage.

Bill C-55 showed that the Liberal government had learned little. It would have amended or introduced 19 federal statutes affecting some nine federal departments. In fact, Bill C-55 was so complex that a special committee was struck on May 9, 2002, solely for the purpose of studying it. That committee never met. Bill C-55 died on the Order Paper on September 16, 2002, when Parliament prorogued.

Given the speed with which the U.S. passed its legislation and given that most, if not all, of our major allies had similar legislation, one would think that passing Bill C-55 would have been a priority.

Certainly if we listen to the Minister of Transport he will tell us that Bill C-26, the transportation amendment act, is high priority. In fact, it is so high priority that he does not want the transport committee to travel when it studies that bill. The transportation amendment act is high priority, but on September 16, 2002 when Parliament prorogued, the public safety act was not.

Let me refer back to Maslow's hierarchy of needs. Safety is number two. Transport is not on the list, but transport rather than safety is a higher priority for the government.

The fact that Bill C-55 died on the Order Paper on September 16, 2002, almost a year to the day of the crises that spawned its creation, one gets a clear sense that while America was implementing tough new legislation to make its skies safer, Canada's Liberal government not only did not know what it was doing, but it had no idea of where to start.

In fact, the current legislation, Bill C-17, was not tabled in the House until some six weeks later, on October 31, 2002, fully 13 months after the September 11 attacks, and nearly 11 months after President Bush signed America's aviation and transportation security act into legislation as public law 107-71.

It is now May 27, 2003 and this bill is at third reading. Two things become evident very quickly. The first is that the government is under increasing pressure to be seen to be doing something, or in some case to be acting. The other is that it is terrified of real consultation and only accepts amendments when it has no other choice.

We see an example of the pressure that the government faced in the way it handled the sharing of airline passenger reservations systems information with various government agencies.

We are aware that part 1 of Bill C-17 introduces new clauses into the Aeronautics Act allowing the commissioner of the Royal Canadian Mounted Police, the director of the Canadian Security Intelligence Service and the persons they designate, to require certain passenger information from air carriers and operators of aviation reservation systems, to be used and disclosed for transportation security purposes; national security investigations relating to terrorism; situations of immediate threat to the life or safety of a person; the enforcement of arrest warrants for offences punishable by five years or more of imprisonment and that are specified in the regulations; and arrest warrants under the Immigration and Refugee Protection Act and the Extradition Act.

The government has argued forcefully for these powers, yet it has dragged its feet in passing Bill C-17. In fact, the government has delayed for so long in passing the bill that some of the information-sharing clauses are now essentially moot.

Those clauses that would allow Canadian carriers to share information with foreign governments were contained in Bill C-44 which was introduced on November 28, 2001 and received royal assent three weeks later on December 18, 2001.

This timing was fortunate because one of the clauses of the U.S. law which was so quickly passed by both houses of the U.S. Congress in the aftermath of September 11 said that airlines would not be able to fly into the United States after January 18 unless they provided passenger reservations information to the U.S. customs service.

In Canada on October 7, 2002 the Canada Customs and Revenue Agency implemented its advance passenger information/passenger name record program that authorized airlines and passenger reservation systems to share information with various government agencies.

In the U.S. the government set an arbitrary deadline that this Liberal government had to scramble to meet. At the same time in Canada, a government department, the Canada Customs and Revenue Agency, essentially gave up on waiting for the government to act and used its existing and residual powers to implement its advance passenger information/passenger name record program three weeks before the government reintroduced Bill C-42 for the second time as Bill C-17.

If the passenger information issue shows the need for the government to act, the inexplosive ammunition component issue shows the need for the government to listen. The words “inexplosive ammunition component” first appeared in part 5 of Bill C-42, the first predecessor of Bill C-17, on November 22, 2001.

Within two months the Library of Parliament prepared a research paper pointing out the potential problems of regulating inexplosive ammunition components. Essentially as witnesses ultimately told the legislative committee on Bill C-17, regulating inexplosive ammunition components was tantamount to criminalizing brass and lead, or regulating little bits of margarine containers, little bits of cotton fabric and fishing sinkers.

Naturally our party hoped when the Liberals brought back Bill C-42 as Bill C-55 on April 29, 2002, that they had read the Library of Parliament report. They had not. On May 9, 2002, roughly a year ago today, the member for Yorkton--Melville told the House that the definition would potentially criminalize tens of thousands of law-abiding citizens who load their own ammunition for their legal pastime sports.

When Bill C-55 died on the Order Paper and was revived in slightly modified form as Bill C-17 on October 31, there were some who hoped that the Liberals had listened. They had not. On Monday, November 18, 2002 the member for Yorkton--Melville spoke to Bill C-17 at second reading and essentially repeated verbatim his May 9, 2002 comments on inexplosive ammunition components.

It might make it easier on the translators or perhaps those who maintain the Hansard if a member repeats a speech, but for me it is a way of underlining the complete lack of attention on the other side of the House to the opposition members and indeed the concerns that average everyday Canadians face from time to time. Even after having given the same speech twice, there was some doubt as to whether the Liberals had received the message about inexplosive ammunition components. The only thing I can confirm is that the term was deleted from Bill C-17 by the legislative committee studying the bill.

To the extent that the term “inexplosive ammunition component” was of considerable concern to many Canadians, the fact that the legislative committee deleted it makes Bill C-17 much more palatable to Canadians. However the fact that such a controversial and frankly unnecessary clause could have been in Bill C-17 and its predecessors from November 22, 2001 until May 7, 2003 shows Canadians a government whose ears and eyes are welded shut.

Another area where the government has shown no willingness to listen or to be accountable is interim orders. A very significant portion of Bill C-17 deals with interim orders. Ten parts of the bill amend various statutes to provide a new or expanded power permitting the responsible minister to make interim orders in situations where immediate action is required. Essentially the thinking behind interim orders is “trust me”, in other words “give me various undefined powers and when there is an emergency trust me to do the right thing”.

First, we cannot forget that the very same government that has taken more than 19 months to react to September 11 is the one now saying “trust me”. Second, we should not overlook the fact that if the government really knew what it was doing, it would define both its responsibilities and its powers in very clear language.

In the United States the U.S. aviation and transportation security act was drafted just in 10 days after September 11. Even then, while a shocked America pondered the unthinkable crisis that had just happened, American legislators knew that “trust me” was not going to cut it with the American public.

The U.S. aviation and transportation security act is specific. It delegates powers but it also assigns responsibilities. It contains deadlines. It specifies the amount of money that may be spent on particular initiatives. It sets management objectives and requires regular evaluations as well as audits. There is a clear understanding of who does what, why, when and with what authority. Checks and balances are present.

The U.S.aviation and transportation security act is a planned strategic response by a superpower to a defined threat. Canada in Bill C-17 uses interim orders while the U.S. uses specifics. The interim orders all follow a similar pattern. They allow a minister under certain circumstances to make an order that would normally have to be made by the governor in council. Thus, when the chips are down and cabinet cannot meet, an interim order lets a cabinet minister take actions that would normally need cabinet approval.

In most cases, in Bill C-17 the interim order has to be published in the Canada Gazette within 23 days, has to be approved by cabinet within 14 days, and expires at the end of the year. Similarly an interim order must be tabled in Parliament within 15 sitting days after it has been made.

Before the special legislative committee on Bill C-17, members from the Canadian Alliance, the Bloc Québécois and the NDP all tried to propose constructive amendments to the clauses of Bill C-17 dealing with interim orders. In the case of the 14 Canadian Alliance amendments, each was motivated by the spirit of the Emergencies Act. Its preamble reads in part:

Whereas the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;

And whereas the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times--

We therefore thought the standard of parliamentary scrutiny laid down in the Emergencies Act might be applicable to the type of situations in which interim orders might be made under Bill C-17.

Section 61 of the Emergencies Act reads:

(1) Subject to subsection (2), every order or regulation made by the Governor in Council pursuant to this Act shall be laid before each House of Parliament within two sitting days after it is made.

(2) Where an order or regulation made pursuant to this Act is exempted from publication in the Canada Gazette by regulations made under the Statutory Instruments Act, the order or regulation, in lieu of being laid before each House of Parliament as required by subsection (1), shall be referred to the Parliamentary Review Committee within two days after it is made or, if the Committee is not then designated or established, within the first two days after it is designated or established.

Each of our 14 amendments was motivated by the same philosophy. If during an emergency the government can subject orders and regulations to parliamentary scrutiny within two sitting days after they are made, there is no reason that a lower standard should apply to Bill C-17.

The Canadian Alliance was not alone in this thinking. Both the NDP and the Bloc Québécois advanced a similar philosophy. It is my hope that the three parties might be able to agree on a common approach so that the higher level of parliamentary scrutiny may be offered to interim orders made by a government that wants us to trust it 18 months after September 11.

However, the Liberal desire to escape parliamentary scrutiny appears intractable. Rather than agree to any new restrictions on interim orders, the only interim orders amendment that the Liberal members proposed at committee was one adding new clause 111.1 to Bill C-17 so that interim orders would be included in the Pest Control Products Act in the event that the act would receive royal assent before Bill C-17.

Other countries use clear language to define its government's responsibilities and its powers. The Liberal government uses interim orders. Previous governments believed that the standards of the Emergencies Act applied when Canada was threatened by a national emergency. The Liberal government believes in a dramatically lower standard of parliamentary accountability.

I conclude that the government's continued use of interim orders instead of defining its roles and responsibilities in a very clear language shows its unwillingness to either propose better legislation or to be more accountable to Parliament. Even if Bill C-17 passes third reading, it is possible that it will not receive royal assent before October. Members should think about this carefully.

September 11 happened and the U.S. had a law signed by the president and in place on November 18, roughly two months later. Canada will not have its law in place until nearly two years have passed, which is simply unacceptable. If it takes a Liberal-dominated Parliament two years to react to a major crisis, that is a very strong argument for a change of government.

It is quite clear that the committee state version of Bill C-17 is a definite improvement over Bill C-42 as first presented 17 months ago. It is also clear that Bill C-17 type legislation is necessary today. We will therefore be supporting the bill while calling upon the government to hold itself to a higher standard, particularly when asked to show leadership in times of crisis.

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

Madam Speaker, I rise to participate in the debate on Bill C-17, recognizing, as my colleague from Winnipeg North Centre pointed out, that this is the government's third attempt to push legislation through the House that would pose a profound threat to some of the most basic civil liberties and the privacy of Canadians.

We know that the previous legislation introduced in November 2001 was Bill C-42. That bill was met with a huge amount of opposition, including from New Democrats. The government tried again in the spring of 2002 with Bill C-55.

Each time the government has introduced and reintroduced the legislation, it has taken a little off the edges perhaps, reduced the scope of the legislation and changed the time limit a bit, but it has not recognized the concerns of Canadians that the bill is an assault on some of the most basic and fundamental rights and freedoms and that privacy rights are at the heart of that concern.

I want to pay tribute to my colleague from Churchill, the federal New Democrat transport critic, who has done such an effective job, both in the committee and across the country, in helping to make Canadians more aware of what the dangers are of this bill.

It is not just this legislation. I think we have to look at this legislation in the context of a broader package of bills that the government has brought forward in the aftermath of September 11. Prime among those bills was Bill C-36, the so-called anti-terrorism legislation, which was far in excess of what was needed to respond to the genuine concerns in terms of fighting against terrorism.

Clearly that was a profoundly and fundamentally flawed bill that introduced unprecedented new powers. This bill, Bill C-17, is in much the same light.

The committee that studied Bill C-17 heard extensive evidence from a range of witnesses from across Canada. My colleagues who spoke earlier in the debate highlighted some of the points that were made. I would note for example the very compelling and eloquent evidence of the representatives of the Coalition of Muslim Organizations of Canada who pointed out that they were already concerned that members of their community were being targeted by law enforcement officers and others, and by border control officers both in Canada and in the United States, in the aftermath of September 11.

Certainly I, as a member of Parliament for Burnaby—Douglas, have heard from a number of constituents who were born in the Middle East, perhaps in Syria, in Iraq, in Iran or in other countries, who travelled to Canada, perhaps in some cases as young people, as children, and yet who have been treated in the most degrading and humiliating manner, being subjected to fingerprinting, photographing, treated basically as criminals. These people's only offence was that they happened to have been born in one of those countries.

That kind of racial profiling is totally unacceptable and yet Bill C-17 would open up the possibility for that to be expanded on a wide scale. That has been pointed out, as I said, by the Coalition of Muslim Organizations, both in its evidence to the committee and in the brief it submitted to the committee. Its brief particularly noted that the act would give sweeping discretion and authority to the Minister of Transport and to the heads of CSIS and the RCMP for significant abuses of power.

One of the greatest dangers of the bill is that there is a total lack of any effective parliamentary oversight. If we as parliamentarians were to vote for the legislation, we would be giving carte blanche to the Minister of Transport and to the heads of CSIS and the RCMP to exercise these very sweeping new powers.

The people from the Arab Canadian community, the Muslim community in particular who already have been targeted post-September 11, have rightly raised grave concerns about the impact this sweeping discretion in the bill would have. It would allow law enforcement agencies to basically go on fishing expeditions and violate the privacy of Canadians.

Parliament has agreed to the appointment of a privacy commissioner whose responsibility will be to report back to Parliament when there are attacks on the privacy rights of Canadians.

Privacy Commissioner George Radwanski appeared before the Standing Committee on Transport just a couple of months ago and said that the bill was a very dangerous piece of legislation. He put it in the context of other legislation and other powers that had already been passed. He noted for example the database of Canada Customs and Revenue Agency, what he called its big brother passenger database.

George Radwanski talked about the bill now before the House. He said:

Bill C-17, the Public Safety Act, will introduce a requirement that we, in effect, identify ourselves to the police when we travel. What I'm referring to here is the fact that when you board a flight these days, even a domestic flight, you have to show photo ID to the airline to confirm your identity.

The bill would make all passenger information available to CSIS and the RCMP, and it is not just about fighting terrorism. The legislation explicitly makes it clear that it goes far beyond that. It permits the RCMP to basically scan passenger information to seek a whole range of information that has nothing whatsoever to do with terrorism.

What this amounts to in effect, as Radwanski points out, is self-identification to the police by law-abiding Canadian citizens. As he asked, why not when we took train, a bus, rent a car or checked into a hotel? Once this dangerous principle is accepted, the police in effect are being given powers that I believe are both unconstitutional and violate squarely the provisions of the Charter of Rights.

One of the most respected constitutional lawyers in Canada, Clayton Ruby, appeared before the committee studying Bill C-17 and made that very point. He made the point that the bill was totally lacking in any meaningful safeguards. He said:

So you've taken a narrow kernel of constitutionality...and it may or may not be wise...Wisdom is not my concern here, but constitutionality is. The idea that you can take that information and pass it on, without time limits, without restraints, for general law enforcement purposes...

That is not terrorism but general law enforcement purposes. He went on to say:

--is simply unheard of in this country. We have never done it. Perhaps more importantly, free countries just generally do not do it. Democracies generally do not do this.

Yet, the Liberal government, first in Bill C-42, then in Bill C-55 and now in Bill C-17 is insisting that it take on those sweeping and dangerous new powers.

My colleague for Winnipeg North Centre made reference to Ken Rubin and his evidence before the committee. Certainly Ken Rubin is one of the most knowledgeable when it comes to issues of protection of privacy and respect for the fundamental human rights and civil liberties of Canadians.

Another group that has been outspoken and has taken a leadership role on the issue is a group from my own province, the province of British Columbia, the British Columbia Civil Liberties Association, one of the most active civil liberties groups in Canada.

The B.C. Civil Liberties Association as well appeared before the standing committee on Bill C-17. The association said that it was a draconian bill which was an attack on a free and democratic society. It pointed out that the bill went far beyond what was actually required to deal with the actual threat of terrorism. It said that much of what needed to be done did not need new legislation at all. In fact under the existing Emergencies Act, there are ample powers to respond to the kinds of concerns that have been raised.

There is always this tension between, on the one hand, the fundamental rights of Canadians as set out in the Charter of Rights and in a body of law and, on the other hand, this desire in the name of fighting terrorism to give sweeping new powers to the police. We as New Democrats argue that the government has failed terribly to achieve the correct balance.

I also want to note another provision of Bill C-17 and that is with respect to exclusion zones. There would be an order in council that would apply to an unknown area. We do not know exactly what that area would be, around Halifax, Esquimalt and Nanoose Bay. It could be used in other parts of the country as well, and we still do not know exactly what powers will be given with respect to these controlled access military zones of Bill C-55.

When it comes to Nanoose Bay, a growing number of British Columbians are saying that they do not want American nuclear powered submarines or American submarines that possibly carry nuclear weapons, in their waters. Yet the bill gives new powers to the government to provide for exclusion zones in these areas as well.

This legislation, Bill C-17, should be scrapped. The government should go back to the drawing board and recognize that we protect and value civil liberties in this country. We do not attack civil liberties and privacy as Bill C-17 does.

[Claude Bachand, Bloc, Saint-Jean, QC]

Mr. Speaker, this is not the first time that I have spoken on this bill. Nor is this the first time that the Bloc Quebecois has spoken on this bill.

We have been quite good sports about this bill. We followed it at each stage. We spoke at second reading, we also participated in the special legislative committee that you presided over. Today, it is a pleasure to express our opinion again, because we think that we have much to contribute to this debate.

This bill is the result of other bills. There were several substantial amendments. Initially, it was called Bill C-55. Then it became Bill C-42, and it is now Bill C-17. So, this bill has evolved.

It is clear that the attempts, in the form of Bills C-55, C-42 and now C-17, resulted from the terrorist attacks on the twin towers in New York. Canada said that it would increase security to a certain extent. Provisions were put forward in the bill and were debated by the various parties in the House, and particularly in committee.

There is one other thing we have often heard in this House, which is that we must not interfere with the liberties of Canadians and Quebeckers so much that the people will say that the terrorists had won. We have agreed to slightly increased security, but we have not agreed to let the RCMP or CSIS intrude on the privacy of ordinary citizens. That is why we have been closely involved in this debate.

There were three main subjects of special concern to us in the bill. There was, for one, the military zones. I remember when the bill was first made public, the Bloc Quebecois strongly opposed the creation of controlled access military zones.

At the time, there was a question of having a controlled access military zone wherever there was some military infrastructure. The example of Quebec City was often used. There are military installations in the Port of Quebec and we did not think there were limits. The military zone could be extended to the entire lower town and Quebec,s parliamentary precinct. Thus, there were major problems.

On this, the Bloc can claim a victory, because we were the first to object to the military zones. In Bill C-17, the entire issue of military zones has been dropped. For us, that is definitely a victory.

Still, that does not mean we are now in favour of Bill C-17. There are other aspects of this bill on which we have expressed our disagreement and on which we have tried to present amendments to the legislative committee which you chaired. Unfortunately, our amendments to the bill were defeated.

There is one point we are particularly interested in, and that is interim orders. An interim order means that any minister of the crown can decide on an action to be taken without informing Parliament. What we are also looking at is the evolution of these interim orders, because they were already mentioned in Bills C-42 and C-55.

We are especially opposed because these orders are not subject to a charter test beforehand. For us, this is very serious. A cabinet minister can issue an interim order and does not have to check whether or not it passes the test of the Charter of Rights and Freedoms. For us, that is a major problem. We see that the government has tried to make changes in this case, particularly on the duration of the order in council. In Bill C-42, the order ceased to be in effect after 90 days. In Bill C-55, it was down to 45 days. In the version of Bill C-17 now before us, we are at 14 days.

In addition, there is a requirement to table the interim order in Parliament. In Bill C-42, this was not mentioned. In the next two versions of the bill, there is a 15-day deadline. We see there has been some evolution.

The major problem, however, is still compliance with the Canadian Charter of Rights and Freedoms. Normally, when someone turns up with an interim order, Privy Council can say “We will have a look at the interim order and decide whether it passes the charter test”.

The fact that this is not made part of the procedure is a real problem. Any minister of the Crown can announce, tomorrow, next week, once the act is in force, “I am issuing an interim order because I deem the situation to be urgent. As for the Canadian Charter of Rights and Freedoms, that is not a problem, because I do not have to comply with it”.

The minister in question cannot be accused of acting in bad faith. This may be a concern for him, but he is not obliged to comply with Privy Council, and this poses a serious problem for us.

The third aspect that has been problematical for us from the start relates to the whole business of exchanging information on air travellers. We know that even the Privacy Commissioner has had a number of negative comments to make on this aspect of the bill. Once again, in committee we tried to modify the provisions of the bill that we are looking at today, in order to ensure some degree of privacy for Canadians.

I was not particularly satisfied with the responses we got from the RCMP and CSIS on their ability to gather information on me when I was flying and then pass it around as they pleased. There were two things that particularly bothered us. The RCMP could use personal information on all air passengers for the purpose of seeking out individuals who are subject to a warrant for any offence punishable by imprisonment for five years or more.

The government was somewhat sensitive to our position on this. It made one step toward improvement, but to our minds did not go far enough. It wanted to have this information passed on to a law enforcement officer, but this was still a problem for us because it was up to the RCMP to determine whether or not to refer. It is one and the same thing whether the RCMP or a law enforcement officer makes the arrest based on information provided by the RCMP. In our opinion, it comes down to the same thing. As a result, the privacy of airline passengers is being violated, and this is of major concern to us.

As for information sharing, the other aspect that concerned us was the fact that this information was being retained. We were not reassured with respect to the relevance of retaining this information for the length of time laid out in the bill. We tried to speed up the process, to have this information destroyed sooner. Unfortunately, every motion that we moved to do so was defeated in committee.

I would like to quote from parts of the press release issued by the privacy commissioner, Mr. Radwanski. He is very concerned. Not much has changed since his press release. Since I have two minutes left, I will quote him. He believes there is:

—only minimal and unsatisfactory change, in the replacement legislation, Bill C-17.

The commissioner also said that:

The provision in question, section 4.82 of both bills, would give the RCMP and CSIS unrestricted access to the personal information held by airlines about all Canadian air travellers on domestic as well as international flights.

That is what I explained earlier. We agree with the position of the privacy commissioner. He is worried, and I quote him:

that the RCMP would also be expressly empowered to use this information to seek out persons wanted on warrants for Criminal Code offences that have nothing to do with terrorism, transportation security or national security.

Finally, he says that the changes proposed are an insult to the intelligence of Canadians.

The changes that have been made in this provision in the new bill do nothing to address the fundamental issues of principle that are at stake.

In conclusion, we are nevertheless proud to have won on the whole issue of military zones, which are almost completely erased from the new bill. Unfortunately, we believe that the government has not done enough on the issue of interim orders issued by ministers and protecting the privacy of all travellers. In fact, changes were made that do not go nearly far enough to protect the privacy of travellers.

[Gurmant Grewal, Canadian Alliance, Surrey Central, BC]

Mr. Speaker, I rise on behalf of the constituents of Surrey Central to address Motion No. 6 at report stage consideration of Bill C-17, 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, otherwise also known as the public safety act.

Like its predecessors, Bills C-42 and C-55 of the last session, Bill C-17 is an omnibus bill that amends or introduces nearly two dozen acts within the jurisdiction of nearly a dozen federal departments or agencies.

Motion No. 6 is very interesting. It takes the interim orders philosophy in Bill C-17 and ensures that will be included in the Pest Control Products Act in the event of that act getting royal assent before Bill C-17 does. Let us think about this. The Pest Control Products Act was written without interim orders and now the government is so concerned that it has modified Bill C-17 to apply to a bill to be passed in the future. It is fascinating.

In many cases, in the place of specific provisions designed to reassure the travelling public and the public in general, the bill gives four ministers the authority to issue interim orders. A very significant portion of Bill C-17 deals with interim orders. Ten parts of the bill amend various statutes to provide a new or expanded power permitting the responsible minister to make interim orders in situations where immediate action is required. Essentially, the thinking from the government behind interim orders is “trust me”. In other words, it is saying, “Give me various undefined powers and when there's an emergency, trust me to do the right thing”. That is what the minister will say.

First, we cannot forget that the very same government that has taken over 19 months to react to September 11 is the one now saying “trust me”. Second, we should not overlook the fact that if the government really knew what it was doing, it would have clearly defined both its responsibilities and its powers. In the United States, the U.S. aviation and transportation security act was drafted just 10 days after September 11. However, even then, while a shocked America pondered the unthinkable crisis that had just happened, American legislators knew that “trust me” was not going to cut it with the American public.

The U.S. aviation and transportation security act is specific. It delegates powers but it also assigns responsibilities. It contains deadlines. It specifies the amount of money that may be spent on particular initiatives. It sets management objectives and requires regular evaluations as well as audits. It is very specific, not vague like the legislation that we are debating.

There is a clear understanding of who does what why, when, and with what authority. Checks and balances are present. The U.S. aviation and transportation security act is a planned, strategic response by a superpower to a defined threat.

In Canada Bill C-17 uses interim orders while the U.S. uses specifics. The interim orders all follow a similar pattern. They allow a minister, under certain circumstances, to make an order that would normally have to be made by the governor in council. Thus, when the chips are down and cabinet cannot meet, an interim order lets a cabinet minister take actions that would normally need cabinet approval.

In most cases in Bill C-17 the interim order must be published in the Canada Gazette within 23 days, must be approved by cabinet within 14 days, and expire at the end of the year. Similarly, an interim order must be tabled in Parliament within 15 days after it has been made.

Members from the Canadian Alliance, the Bloc, and the NDP tried to propose constructive amendments to Bill C-17 regarding interim orders when it was referred to the special legislative committee. In the case of 14 Canadian Alliance amendments put forward by our transportation critic, who has done a very good job, each was motivated by the spirit of the Emergencies Act. Its preamble reads, in part:

WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;

AND WHEREAS the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;

We therefore thought the standard of parliamentary scrutiny, laid down in the Emergencies Act, might be applicable to the type of situations in which interim orders might be made under Bill C-17. Subsection 61(1) of the Emergencies Act reads:

Subject to subsection (2), every order or regulation made by the Governor in Council pursuant to this Act shall be laid before each House of Parliament within two sitting days after it is made.

Subsection 61(2) reads:

Where an order or regulation made pursuant to this Act is exempted from publication in the Canada Gazette by regulations made under the Statutory Instruments Act, the order or regulation, in lieu of being laid before each House of Parliament as required by subsection (1), shall be referred to the Parliamentary Review Committee within two days after it is made or, if the Committee is not then designated or established, within the first two days after it is designated or established.

Each of the 14 amendments was motivated by the same philosophy: if during an emergency, the government can subject orders and regulations to parliamentary scrutiny within two sitting days after they are made, there is no reason why a lower standard should apply to Bill C-17. The Canadian Alliance was not alone in this thinking. A similar philosophy was advanced by the NDP and the Bloc.

It is my hope that the three parties might be able to agree on a common approach so that a higher level of parliamentary scrutiny may be offered to interim orders made by a government that wants us to trust it 20 months after September 11. However, the Liberal desire to escape parliamentary scrutiny appears intractable. Rather than agree to any new restrictions on interim orders, the only interim orders amendment that the Liberal members proposed in committee was the addition of clause 111.1 so that the interim orders would be included in the Pest Control Products Act.

In conclusion, the widespread use of interim orders is troubling. The government's reliance on interim orders shows that even 20 months after September 11 the Liberals are still unable to provide Canadians with the legislation to combat terrorism at home and abroad. Delegating broad powers into the hands of single ministers is a dangerous trend. The committee stage version of Bill C-17 is an improvement over Bill C-42 as first presented 17 months ago, but more changes, particularly in the area of increased parliamentary scrutiny, are required.

Canadians were prepared to sacrifice their liberties for the promise of increased scrutiny and security in the aftermath of September 11. That feeling has faded in the intervening year and a half. For this reason, the government would be wise to carefully consider increased parliamentary scrutiny on the same level as the Emergencies Act if it wants opposition parties to support Bill C-17.

[Dick Proctor, NDP, Palliser, SK]

Madam Speaker, I too am pleased to rise in the House and also share with my colleague from the Bloc, who just took her place, the concern and the fear we have with Bill C-17.

We know Bill C-17 is the son and daughter of Bill C-42 and Bill C-55 respectively. It is a public safety act. Some people would claim it to be a public relations act. We are concerned because the sweeping powers that were in the earlier bill are in this reincarnation, a sense that government, officials and authority can do whatever they want, whenever they choose. The privacy commissioner says that the police have all the powers they require now to arrest and detain people whom they suspect, and therefore this is not necessary.

Some of us lived through the War Measures Act. Some of us were at the Quebec summit in Quebec City in 2001. To me, people who are proposing this bill seem to be saying that security trumps privacy, and we have some grave concerns about that.

The member for Notre-Dame-de-Grâce—Lachine commented on public opinion polls which said that Canadians in the aftermath of September 11 were prepared to forsake some of their privacy for additional security. I would say respectfully back to her that for a lot of hard-working Canadians that may in fact be a reality. However it is even more incumbent on those who Canadians elect to places and chambers, like the House of Commons, the legislators and parliamentarians, to ensure that our safety and security laws are there, but that they are there in balance to ensure guaranteed privacy when and where Canadians need it.

On the bill itself, because there are a number of different acts that roll into this legislation, the transport minister's regulations concerning the Aeronautics Act, making powers concerning aviation safety, I concede are better defined than they were in Bill C-42. The lack of specifics in this area was one of the concerns we had about the original bill, specifically our transport critic, the member for Churchill. Therefore we regard this as a mild improvement.

As well, in a feeble attempt to address the concerns of the privacy commissioner, the clause allowing RCMP designated officers to access passenger information to identify those individuals with outstanding arrest warrants has been removed and the bill would now only allow RCMP and CSIS officials to access passenger information for national or transportation security purposes. This too is an improvement. However they may still use this information to pursue individuals with outstanding arrest warrants if the crimes they are wanted for carry a potential sentence of five years or greater.

The privacy commissioner has stated publicly that this change is insufficient to protect the right of Canadians to privacy. In our opinion there are still insufficient safeguards in this current legislation to prevent intrusion, particularly since this information can be shared with American customs officials who currently have a racial profiling policy.

Let me just stop there and, as an aside, tell the House that I recently travelled in company with the secretary treasurer of the Canadian Labour Congress, who is of Arab descent and who travels quite extensively in his job. According to Hassan Yussuff, when he travels through the United States and looks at the people who are pulled aside at the airports for particular and thorough security checks, it is always people of Muslim and Arab descent.

The House heard from my colleague earlier today, the member for Vancouver East. She outlined the concern expressed by the Muslim organization, COMO, with regard to this.

We not only want to protect and ensure that citizens in Canada and people who are travelling here are protected, we also want to ensure they are not singled out, which seems to be the case in some other countries.

One of our major points of opposition to the bill was the clause concerning the military security zones, and it has been repealed. I congratulate the government. In its place the government will use existing legislation to establish controlled access zones to protect naval vessels at three ports: Halifax on the east coast, and Esquimalt and Nanoose Bay on the west coast. These three locations already have military facilities.

On the interim order powers, it now requires an order to be approved by the governor in council within 14 days, not 90 days. It must also be tabled in Parliament within 15 days regardless of whether Parliament is in session. We do not oppose these changes but they are rather insignificant and, in our opinion, do not address sufficiently the concerns we have about potential abuse in this area.

With regard to the Canadian Air Transport Security Authority Act, this act received royal assent after Bill C-42 was tabled. This is updated to reflect that the act was passed. If the government had its act together this section would have appeared in Bill C-42 as a conditional amendment. The fact that it did not, further underlines how the government seems to have been making up its security policy on the fly for many months now.

The Marine Transportation Security Act is another area that was not contained in Bill C-42. It would have empowered the government to contribute funds to port authorities to help pay for new security measures, something that our caucus supports.

The Criminal Code broadens the scope and we will continue to support that clause of the bill. We can also give our support to a couple of other minor clauses.

I would like to go back and conclude with the points that were made by the member for Notre-Dame-de-Grâce—Lachine about the fact that with the changes the privacy commissioner can now support what is before us. I am troubled that the bill, which would enact measures for implementing the biological and toxin weapons convention, that there were amendments put forward by my colleague, the member for Churchill, that specifically impacted on the privacy commissioner and which were defeated at committee. Because they were defeated at committee they were not allowed to be debated here in the House.

I just want to pick out one of them. Motion No. 1 stated:

The Privacy Commissioner may review all material received in respect of the transactions described in subsection (1) to ensure that section 4.81 has been complied with.

To follow up on the argument that was advanced by the member for Notre-Dame-de-Grâce—Lachine, it would seem to me that if the committee has looked at this and the privacy commissioner has been satisfied, then I fail to understand why a reasonable amendment, such as the one that I have just read into the record that was advanced by the member for Churchill, would have been defeated by the Liberal majority on the committee.

Although there are some improvements in Bill C-17 over its earlier incarnations, this caucus, along with others on the opposition side, cannot support Bill C-17 and we will be voting against it.