Bill C-3 (Historical)

An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act

This enactment amends the Immigration and Refugee Protection Act to add provisions relating to a special advocate to Division 9 of Part 1 of that Act. The special advocate’s role is to protect a person’s interests in certain proceedings when evidence is heard in the absence of the public and of the person and their counsel. The special advocate may challenge the claim made by the Minister of Public Safety and Emergency Preparedness to the confidentiality of evidence as well as the relevance, reliability, sufficiency and weight of the evidence and may make submissions, cross-examine witnesses and, with the judge’s authorization, exercise any other powers necessary to protect the person’s interests.
The enactment eliminates the suspension of consideration of the reasonableness of a security certificate that occurs when the person named in it makes an application for protection.
The enactment also provides that, when a person is detained under the security certificate regime, a judge of the Federal Court must commence a review of the detention within 48 hours after the detention begins and then, until it is determined whether a certificate is reasonable, at least once in the six-month period following the conclusion of each preceding review. A person who continues to be detained after a certificate is determined to be reasonable and a person who is released under conditions may apply to the Court for a review of the reasons for their continued detention or for continuing the conditions if a period of six months has expired since the conclusion of the preceding review.
The enactment permits the appeal of a determination whether a security certificate is reasonable and of a decision resulting from a review of a person’s detention or release under conditions to the Federal Court of Appeal if the judge certifies that a serious question of general importance is involved.
It also permits a peace officer to arrest and detain a person who is subject to a security certificate if the officer has reasonable grounds to believe that the person has contravened or is about to contravene their conditions of release.
The enactment enables the Minister to apply for the non-disclosure of confidential information during a judicial review of a decision made under the Act and gives the judge discretion to appoint a special advocate to protect the interests of the person concerned.
It also contains transitional provisions and makes a consequential amendment to the Canada Evidence Act.

Immigration and Refugee Protection Act

[Penny Priddy, NDP, Surrey North, BC]

Mr. Speaker, I am not sure I understand the first question on why it is considered unconstitutional. I talked about why it is considered unconstitutional.

Let us be clear. The Supreme Court did strike it down. The Supreme Court said that it had to be changed to better reflect and meet the civil and justice rights of individuals. It did not send it back and said that if it were polished up a bit, it would be okay. The court said that it did not work for the people who were being detained.

The fact that the member is getting many letters asking questions about why more people are not appearing before the committee says Canadians are following this. People want to know where the evidence and information has come from, on which the committee has based its decision.

Yes, two people, who have been detained under Bill C-3 certificates and are on bail, came before committee. I did not suggest for a minute that there had not been an opportunity for those two people to be there. I found their presentations helpful, as I found the presentations of many people who came. I do not think anybody suggested that those people were unable to make presentations. It would seem to me reasonable that they were able to do so. If it is extraordinary that it has happened in Canada, then so be it and good for Canada.

The fact they appeared is fine. They have the right. We were talking about the impact on their lives and the lives of their families. I more than acknowledge that those people had the right to appear. Those are still the same people who do not have the right to know the information that is being used against them. I say it is unconstitutional because the Supreme Court did.

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Mr. Speaker, the member for Leeds—Grenville stood in this chamber, and he is not the first member of the Conservative Party to do so, and said that the security certificates were not judged unconstitutional. They were judged unconstitutional by the Supreme Court. What the Supreme Court said was the government had a year to fix it. If it did not fix it within the year, it would be struck down.

I find it incredible that members of the Conservative Party would say things that fly in the face of the truth, in the face of the Supreme Court. If they want to see how unconstitutional it is, do not pass the bill for another couple of weeks and then see it get struck down.

The member did misunderstand what he said. The member said that it was not unconstitutional and the Supreme Court might have said that it was unconstitutional. Could the member comment on that because the court definitely said that?

[Penny Priddy, NDP, Surrey North, BC]

Mr. Speaker, I always appreciate the opportunity to rise and speak again to something about which I care. I am not necessarily able to follow that question any more than I did the others, but the member is correct.

The Supreme Court said that if we did not fix this, it would be struck down. Legislation that is constitutional will not be struck down. The court has said that it is not in accordance with the Constitution of Canada. It has said that if we do not fix it within a year, it will be struck down.

If the Conservative members are saying that security certificates are constitutional and this is just suggestion by the Supreme Court to kind of make it better, then that is somewhat flawed, given the fact that they have said if we do not fix it in three weeks, the legislation will no longer exist. I do not think they would say that about legislation they consider to be constitutional.

[Dave MacKenzie, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, the hon. member for Surrey North is a member of the committee. She joined the committee later this session after we had a number of presentations to the committee. I know she is an active participant and I understand her opposition to the bill.

Does the member understand that the security certificate is the ultimate end of the deportation process? For those people who are deemed not eligible to live in this country there is a removal process. They have gone through the court system. It is not just at the end of the security certificate that there is a court process. There are processes all along.

What would her solution be for those people who are deemed to be a danger or a threat to Canada's safety and security? How would she deal with them? Where would she put them? Would she allow them to stay in this country? Would she put them in prison for a long time or would she find some other home for them? I wonder what her solution would be if we did not have security certificates.

[Penny Priddy, NDP, Surrey North, BC]

Mr. Speaker, I thank the member for his always very helpful participation and interventions in the committee.

Other models have been suggested other than this. I would go back to using the SIRC model, which was recommended by a number of people who are very concerned about the security certificate model but who would support the SIRC model being used.

What would we do with those people? If those people are truly guilty of having committed terrorist activities, I would far rather have them in jail here for a long period of time where I know they will not be engaging in those activities, than simply sending them back to their country of origin where they will continue to either work by themselves, which is unlikely, or work with a broader group of terrorists, organized crime or engage in espionage.

I do not see anything wrong with them being in prison for long lengths of time if the evidence supports that. What I cannot deal with is keeping someone in jail for seven years without that person having the ability to know his or her crime, what the charge is and what evidence is being used. That is a fundamental abridgment of a person's human rights.

Let us be clear, terrorism is frightening and we should do everything we can to ensure Canadians know that every member in this House takes this incredibly seriously. However, I do not think security certificates are the only model for that. There could be the SIRC model and there could be prison terms.

[The Acting Speaker, Royal Galipeau]

The hon. member for West Vancouver—Sunshine Coast—Sea to Sky Country has the floor for a short question.

[Blair Wilson, Independent, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, it is an honour to join in the debate on this important legislation, Bill C-3, An Act to amend the Immigration and Refugee Protection Act.

While this specific bill would not be my first choice when it comes to drafting legislation to better deal with the process surrounding security certificates that the Supreme Court of Canada has declared unconstitutional, it is, nonetheless, the bill we have before the House today.

However, I take great comfort in the fact that the Liberal Party and my colleagues on the committee have passed a number of critical amendments to significantly improve this bill, amendments that, first, will remove any and all evidence that was obtained as a result of torture; second, the retention of the solicitor-client privilege between the special advocate and the accused; and third, the inclusion of the provision that allows the accused to choose his or her special advocate.

While this bill is not perfect, it does include those three important Liberal amendments which I feel would significantly improve the bill.

Does my colleague across the way not think that these important Liberal amendments will go a long way in improving the bill and will help to safeguard both national security for Canadians and, at the same time, respect our Charter of Rights and Freedoms?

[The Acting Speaker, Royal Galipeau]

The hon. member for Surrey North will forgive my smile because I had warned the hon. member that it was for a short question. She will understand, a short response.

[Penny Priddy, NDP, Surrey North, BC]

Mr. Speaker, do you want me to give a short answer?

[The Acting Speaker, Royal Galipeau]

Yes.

[Penny Priddy, NDP, Surrey North, BC]

Mr. Speaker, I can see the headline now, “NDP agrees that Liberals have assisted to make this a much better bill”.

[Gord Brown, Conservative, Leeds—Grenville, ON]

She has the news release there.

[Penny Priddy, NDP, Surrey North, BC]

Is it already out?

If someone believes in a security certificate process, absolutely, but, fundamentally, we do not believe in that process.

Have those three amendments around torture and so on made that bill better? If that is the system the member believes in, then it probably has. However, we fundamentally oppose the security certificate process. This is not about whether somebody made it better. It is about the fact that we believe there needs to be a different system.

[Ken Epp, Conservative, Edmonton—Sherwood Park, AB]

Mr. Speaker, I am delighted to speak to this particular bill.

I want to say at the outset, and actually will be almost the brevity of my speech, that I support the bill wholeheartedly. It is a pragmatic necessity in the world in which we live. I think our duty as parliamentarians and as the House of Commons is to give speedy passage to the bill so we can continue, under the provisions of Bill C-3, to provide security and safety to Canadian citizens. That is a paramount duty and responsibility of government.

Therefore, I would urge all members of Parliament to give speedy passage to the bill so it can go through the process and become law prior to the deadline of February 23 so we can achieve what needs to be done.

In an attempt to help move the agenda forward and to get the bill passed, I move:

That this question be now put.

[The Acting Speaker, Royal Galipeau]

The motion is in order.