moved that Bill S-215, An Act to amend the Criminal Code (suicide bombings), be read the second time and referred to a committee.
Mr. Speaker, I am indeed pleased to rise and express the government's support for Bill S-215, An Act to amend the Criminal Code. This bill is identical to Bill S-205 which was passed by the other place on June 10, 2009 and debated at second reading in the House of Commons last November. Bill S-205 was then referred to the Standing Committee on Justice and Human Rights in November 2009, but died on the order paper in December.
Please allow me to provide an explanation of the contents of this bill for the benefit of all hon. members.
The bill seeks to explicitly include the act of suicide bombing within the context of the Criminal Code definition of “terrorist activity”.
Suicide bombing is a monstrous way to wreak havoc because it shows the utmost contempt for human life. Suicide attacks are committed with the intention to kill and maim innocent people and inflict extensive property damage with the attackers prepared to die in the process. The damage from a suicide attack can be devastating, as demonstrated by the September 11 attacks on the World Trade Centre in New York City, killing nearly 3,000 people.
It is also clear that suicide attacks are becoming an all too common terrorist tactic. The July 7, 2005 London bombings, the 2008 attacks in Mumbai, India, and the most recent bombings in Moscow, Dagestan and Afghanistan are part of a world trend of terrorizing ordinary people.
The definition of terrorist activity is currently defined in paragraph 83.01(1)(a) and (b) of the Criminal Code. Bill S-215 seeks to amend section 83.01 of the Code by adding the following after subsection (1.1):
(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.
To begin with, the first part of the definition of terrorist activity incorporates, in part, criminal conduct as envisaged by the International Convention for the Suppression of Terrorist Bombings; one of the United Nation's counter-terrorism conventions.
Further, the general definition of terrorist activity found in the second part of the definition includes terrorist activity which intentionally causes death or serious bodily harm or endangers a person's life. Thus, it could be argued that a suicide bombing committed for a terrorist purpose already falls within the definition.
While a general definition of terrorist activity, which encompasses suicide bombing, would be sufficient for the purposes of prosecution, distinguished Canadian criminal lawyers told the Senate Committee on Legal and Constitutional Affairs that explicitly covering suicide bombing in the Criminal Code can help prosecute and punish the organizers, teachers and sponsors of suicide bombing.
Explicitly including “suicide bombing” in the definition would also serve to denounce this horrendous practice and to educate the public that such suicide bombing is repugnant to Canadian values.
In addition, by passing this bill, Canada would show international leadership by likely being the first nation in the world to adopt this reference in its legislative definition of terrorist activity.
For these reasons, I agree that there are benefits in making an exclusive reference to suicide bombing in the definition of “terrorist activity”. However, it is also important in doing so not to adversely affect the current definition of terrorist activity. Fortunately, this bill has been drafted with precision in order to address this concern.
As mentioned earlier, the proposed amendment involves a “for greater certainty” clause that when added to 83.01 would state:
(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.
The bill expressly states that it is only seeking to include within the definition a suicide bombing in circumstances that satisfy the criteria for terrorist activity as stated in the definition of a terrorist activity. In this way the wording of this provision ensures that any other type of suicide bombing with no connection to terrorist activity is not included in the definition.
To be clear, the proposed amendment is a definitional clause intended to make clear that suicide bombing is included in the definition of terrorist activity only when committed in the context of a terrorist act.
The amendment is designed to provide for maximum precision to make certain that suicide bombings unrelated to terrorist activity are not caught by the definition, by ensuring that it is not overly broad or vague but still fulfills its intended purpose.
The changes brought by this bill to the definition of terrorist activity would continue to give Canada the necessary tools to prosecute persons for terrorist suicide bombings, the suicide bomber himself or herself where there has been an unsuccessful suicide bombing, as well as persons involved in the preparation or counselling of the terrorism offence.
The bill also provides that it would come into force on a day to be fixed by order of the Governor in Council. This provision would allow for maximum flexibility and would provide the government with an opportunity to notify the provinces before the bill comes into force.
In my view, this bill merits support. It is pursuing a worthy aim. It is seeking to denounce an abhorrent practice, one that is becoming a scourge throughout the world.
This bill is precise and circumscribed in its application. Making the legislative amendment would show that Canada is taking a strong stand in denouncing suicide bombing in the context of terrorism.
This bill has a lengthy history. It was originally introduced as Bill S-43 on September 28, 2005; reintroduced as Bill S-206 on April 5, 2006; reintroduced yet again as Bill S-210 on October 17, 2007; and reintroduced a fourth time as Bill S-205 on November 20, 2008.
Previous versions of the bill all died on the order paper. The present version was introduced on March 24, 2010. It was reviewed by the Standing Senate Committee on Legal and Constitutional Affairs, reported without amendment, and passed without amendment.
The Toronto-based group called Canadians Against Suicide Bombing supported previous versions of this bill and created an online petition in favour of them.
Prominent Canadians who have supported previous versions of Bill S-215 include former Prime Ministers Kim Campbell, Jean Chrétien, and Joe Clark, as well as former NDP leader Ed Broadbent, former Chief Justice and Attorney General of Ontario Roy McMurtry, and Major General Lewis MacKenzie.
No other country is known to include suicide bombing specifically in its definition of terrorist activity. So Canada would be the first to signal to the rest of the world our abhorrence of these heinous and cowardly acts by adopting this bill.
The House of Commons has an incredible opportunity to be an example to the world. Bill S-215 promotes a worthy aim and I urge all members of the House to support it. By supporting and passing this bill we can ensure that anyone who organizes, teaches, or sponsors suicide bombing is criminally liable in Canada. The time has now come for the House to take action in support of this bill.
