Bill C-35 (Historical)

Justice for Victims of Terrorism Act

An Act to deter terrorism, and to amend the State Immunity Act

This enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. The enactment also amends the State Immunity Act to prevent a foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.

Justice for Victims of Terrorism Act

[Peter Kent, Conservative, Thornhill, ON]

moved that Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act, be read a second time and referred to a committee.

Mr. Speaker, it is a pleasure to have this opportunity at second reading to speak about how this government is delivering on its commitment to protect from terrorist activities the safety and security of Canadians, both at home and abroad, while giving those who do fall victim to heinous acts of terrorism an ability to fight back.

Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act, is a result of victims' initiatives championed by an organization called the Canadian Coalition Against Terror, know by its acronym C-CAT, which represents Canadian terror victims. C-CAT has played a critical role in driving this bill forward.

I would like to personally credit Danny Eisen and Sheryl Saperia, two young Canadians who put heart and soul into C-CAT. Credit is due as well to many supporters across Canada who have contributed time and effort to this important initiative. However, the driving force has been Maureen Basnicki, who lost her husband Ken in the 9/11 destruction of the twin towers in New York City. Maureen has been joined in the C-CAT cause over the years by Canadians of all communities who have also had their lives and the lives of loved ones touched by terror.

The legislation before us today would provide the Government of Canada with another important tool to protect Canadians from acts of terrorism while ensuring that victims of these heinous acts have the chance to seek justice. Over the last few years, all of us have been witness to the horrible carnage that terrorism can and does leave in its wake.

Canadians including constituents from my riding of Thornhill have been personally affected by terrorism. We have witnessed the broken lives, the broken communities and the constant state of fear and panic that innocent bystanders as well as victims and their families are forced to endure.

Most recently, we heard of a string of terrorist attacks in Pakistan, where innocent civilians were indiscriminately massacred. The bombings in Mumbai, the attacks on Sri Lanka's national cricket team and the recent arrest of seven people on suspicion of planning a terrorist attack in Amsterdam are all chilling reminders of the continuing threat of terrorism.

Canada is not immune to this threat. Hundreds of Canadians were killed in the bombing of Air India flight 182, the worst act of terrorism in Canadian history, and the biggest in North America before the September 11 tragedy.

Canada has been designated as a potential target for terrorist attacks by organizations like al-Qaeda. We have also seen the successful action taken against terrorists born or recruited in our country before they could execute their plans. We must not stick our heads in the sand and pretend that this country has no interest in participating in the worldwide fight on terrorism. We must continue to take concrete and decisive action. That is the reason for Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act.

We need to take steps to prevent these acts from occurring in the first place, and when they do occur we need to ensure that victims' voices are heard. That is what Bill C-35 is all about.

Bill C-35 demonstrates this government's commitment to deterring terrorism and to giving victims the possibility to seek redress.

Specifically, it would create a course of action to allow victims of terrorism to sue perpetrators and supporters of terrorism. It would modify the State Immunity Act to allow the Government of Canada to lift the immunity of states that are deemed to support terrorism. The bill demonstrates Canada's leadership in combatting terrorism and terrorist supporters.

Providing victims with an opportunity to seek justice for violent acts committed against them is a fundamental tenet of our legal system and a cornerstone of Canadian society. Criminals, including terrorists, need to be held to account. They need to know there are consequences to their actions. Victims too need to know that their interests are paramount and that they can move on with their lives to every extent possible.

Canada applies these principles domestically. The bill before us today would further extend them to some of the most callous acts of violence imaginable, regardless of whether they are committed here in Canada or overseas.

Bill C-35 would allow victims to use courts to seek redress provided they can show a real and substantial connection between their action and Canada. The burden of proof is smaller in civil cases.

Civil suits would deter future acts of violence by bankrupting or financially impairing the terrorist infrastructure through successful judgments and/or by causing terrorist sponsors to refrain from future sponsorship out of fear of the publicity and exposure that would result from a civil suit.

Bill C-35 proposes to allow victims to seek redress not just from the perpetrators of terrorist acts but also from their supporters.

Today we know that terrorist groups seldom act alone. The scale and sophistication of terrorist operations in recent years have often required vast amounts of financial and organizational support. That support can come from other entities and even from other states. Many observers have often described the relationship between terrorist groups and certain governments as one of a state operating within a state.

The present reality is that money is the lifeblood of terrorism. One of the most effective ways to deter terrorism and to put terrorists out of business is therefore to hit them where it can hurt the most, in the pocketbook.

The bill before us today, Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act, would do just that by allowing victims of terrorism to sue perpetrators and supporters of terrorism, including those states that support terrorism, while respecting the important international relations that we have.

For example, Bill C-35 will allow victims of terrorist attacks to seek redress for losses or damages resulting from a terrorist act committed anywhere in the world on, or after, January 1, 1985, if they can demonstrate a real and substantial connection between their cause of action and Canada. Victims will be able to sue the perpetrators as well as supporters of terrorism, including some states that are known supporters.

Bill C-35 would lift the immunity of those states, under certain conditions, so that governments that support terrorism can no longer hide behind the international rules and agreements between so-called civilized, law-abiding countries.

As Victor Comras, one of the five international monitors appointed to oversee the implementation of security council measures against terrorism and terrorist financing, once noted:

...major terrorism’s financial abettors and supporters...have successfully avoided criminal prosecution. (...) [C]ivil liability cases... associated with terrorism may [therefore] constitute the best constraints we have against their activities and our best chances to hold them accountable.

Bill C-35 proposes to do exactly this by lifting state immunity for states known to support terrorism. The decision to list such countries will be made by the Minister of Foreign Affairs in consultation with the Minister of Public Safety and will be subject to review every two years. Listed countries will also be able to make a written application for delisting, which again will be reviewed by the Minister of Foreign Affairs in consultation with the Minister of Public Safety.

There are, therefore, safeguards and review mechanisms built into this provision, striking the appropriate balance between accountability, justice and fairness.

The bill before us today is also reasonable. It proposes to give the Minister of Foreign Affairs and the Minister of Finance the discretion to help victims identify and locate the property of a foreign state against which a judgment has been rendered, provided such assistance falls within the minister's mandate and it is in Canada's best interests to do so.

The provisions of Bill C-35 respond to the needs of victims. They respond to the needs of Canadians who want us to work together to put an end to terrorist acts and to ensure that we protect their safety and their security at home as well as abroad.

Several years have now passed since that terrible day in 2001 when Canadians and people from around the world became aware of just how much they were at risk and how committed terrorists are to causing untold and indiscriminate damage.

Since then, Canada and its allies have taken a stand to say that we are not afraid, that we will not bow down to the terrorists, and that we will not give in to terror.

We are not going to back down from terrorists or give in to fear. We are going to meet the threats they pose head-on and take the necessary steps to protect this country, protect our fellow citizens and help ensure that terrorists do not succeed in raining havoc among our friends, our neighbours and our allies overseas.

That is the commitment all of us as Canadians made in 2001. It is the commitment that all of us today as Canadians still believe in. The bill presently before us gives this country another important tool in our efforts to both deter terrorism and help ensure that victims get the justice they so rightly deserve.

That is what our government has committed to doing and what the legislation before us today is all about. I therefore urge hon. members to give speedy passage to the bill we are debating today and send one loud and very clear message to all those who would threaten our safety and security: Canada is prepared to do anything and everything we can to defeat terrorism.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Mr. Speaker, our government has brought in a number of pieces of legislation that attempt to address the issue of victims of crime, including the repeal of the faint hope clause, the serious fraud sentencing provisions and the limitations on conditional sentences for serious crimes. In fact we often hear victims of crime saying that they are both appalled and frustrated at some of the changes that have been made to our justice system by the former Liberal government.

Therefore I would like to ask Mr. Kent this. Is this bill just another example of our government acting strongly on behalf of victims, and is it not about time that victims' voices were given greater weight in our justice system?

[The Deputy Speaker, Conservative, Andrew Scheer]

I believe the hon. member for Kitchener Centre may have used a proper name. I would just remind him that we use titles or ridings in this place.

The hon. minister of state.

[Peter Kent, Conservative, Thornhill, ON]

Mr. Speaker, unfortunately, in Canada today, there are too many whose lives, as I have said, have been touched by acts of terrorism in recent years and who continue, in some cases, to live under further acts of terrorism.

The bill would allow any victim of terrorism, past that effective date mentioned in my speech, to file an action in Canada to seek redress for loss and damages resulting from such a terrorist act committed by a terrorist entity listed under the Criminal Code. It would also, as I said, allow redress against other persons or organizations who supported, financially or in other ways, the terrorist and the terrorist action. The court would determine whether and how to hear the case by determining whether there is a real and substantial connection between the action and Canada.

In considering the bill, we need to consider the words delivered in a speech yesterday by the new head of CSIS who said that too many in our community, in our country, in our society and in the media seem to think that terrorism is an issue that exists beyond our borders, that in fact it is unrealistic and unreasonable to pursue the sorts of changes and improvements to our criminal justice system, as mentioned by the hon. member, or in fact the sorts of measures that are provided for in Bill C-35.

The new head of CSIS made it very clear that t there is a real threat and that it is around us every day for those who would open their eyes. Again, the words from a leading and informed member of the intelligence community should be heeded by all Canadians and certainly by members of this House.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I have a couple of the questions and maybe a comment to start off.

The comments we all followed from the new head of CSIS should be put in context. I am not sure I see a direct connection with the bill. I understand his concerns, but what we are referring to here in the bill is opening up a law that people have been concerned about that right now state immunity applies simply for financial concerns and not other areas. However, I will leave that aside for now.

It was mentioned in the bill that a list would be compiled. I will be speaking to the bill later and will enumerate my concerns with the bill in this area. I think everyone supports the notion of being able to deal with the issue of grievances as it relates to terrorism but many are concerned, and I share their concerns, with having the list. People who support changing the immunity of players around the world for various things have mentioned this concern.

Does the minister of state not share the concerns of others about limiting the legislation to a list that is derived by cabinet, notwithstanding the review of two years? I share that concern with them and I would like to see that amended.

I am being very straight up about this with my next question. Does the minister really think that terrorists will be deterred by legislation that is passed in Canada? I really question that assumption and I would like to hear his thoughts on that.

[Peter Kent, Conservative, Thornhill, ON]

Mr. Speaker, I thank my hon. colleague for reasonable commentary and for perfectly reasonable and valid questions.

In order to address the matter of listings, we need to remember that there are more than 100 countries with which Canada today does not have extradition agreements. Lifting the immunity of these states would expose, it is true, some of Canada's strategic international partners, including countries with which we share a strong commitment to fighting terrorism.

The creation of a listing regime is necessary to provide flexibility in protecting both Canada's national interest as well as the needs of victims. The listing regime set out in Bill C-35 shows that the government is providing global leadership, I think it is fair to say, in denouncing and clearly identifying these supporters of terrorism.

As to my colleague's question about the reality of the impact that Bill C-35 might have in terms of discouraging those thinking of considering a terrorist act against Canadians or Canadian properties here or abroad, we realize that those determined to commit terrorist acts may not be discouraged by a mere law, by civil behaviour or the reasonable relations of communities around the world, but it does discourage those who would support and finance those individuals.

It is an equal reality that these acts of terrorists cannot be carried out without financing and, in many cases, substantial financing, and that by discouraging those who support and finance terrorists, wherever they might be in the world, and admittedly it will be easier to prosecute within Canada under the Criminal Code than abroad, but this would discourage and, we believe, would have significant benefit to discourage terrorism here and abroad.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I have another question for the minister of state about something that many have had concerns, and that is the limits of the bill and that many wanted to see, in terms of priority, the reach of our ability to go after those who involve themselves in torture of Canadian citizens. In fact, there are many groups who wanted to see that as a primary focus before this issue because of some of the reasons the minister just mentioned in terms of state actors and how that could affect our relations with countries that we are trying to work with to stem terrorism. That remains a concern of many.

I am wondering why the legislation did not open it up to the issue of torture. As we know, Mr. Arar and others were tortured by regimes, by state actors, and it would seem that this would be in line with where the government is going in terms of opening this facet up. Is the government contemplating going beyond terrorism--

[The Deputy Speaker, Conservative, Andrew Scheer]

I am going to have to stop the member there to allow the minister of state 30 seconds to respond.

[Peter Kent, Conservative, Thornhill, ON]

Mr. Speaker, I thank my colleague for raising valid concerns. The short answer is, no. This particular bill is aimed at terrorists and the sponsors of terrorists in the interest of victims and their families. I think that any other legislation would merely distract from the central purpose of this particular law.

Bill C-35 certainly deserves due consideration and debate but it is what it is and we believe it is a law that should pass expeditiously through the House.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, it has been said that the world changed on September 11. I do not know whether the world changed or whether a darker side of our universe was somehow exposed. However, what is clear is that September 11 was a transformative event, impacting on our psyches as well as on our politics, on our priorities as well as on our purposes.

Eight years ago, the reach of global terrorism was illustrated, tragically, more vividly, viscerally and violently to Canadians than ever before. Twenty-four Canadian families lost loved ones in the 9/11 attacks, reminding us also of the horror of Air India years earlier.

Amid the horror and outrage, our government reacted and enacted legislation in the form of Bill C-36. Accordingly, while the threat of terrorism or any legislative response to it was not even on the parliamentary or political radar screen before September 11, it dominated the discourse thereafter and since the enactment of the Anti-terrorism Act some three months after 9/11 itself.

Another measure is now before Parliament, the government's Bill C-35, which has the potential to alter Canada's approach to terrorism as well. However, I want to suggest that the private member's bill that I introduced on behalf of my party is a more dramatic and correct approach in order to provide justice and redress by way of civil remedy to victims of terror while at the same time effectively deterring the states, perpetrators and sponsors of terrorism.

What we have to understand, and this applies both to the government legislation and our own, and here I agree with the generic premise of the government legislation respecting the need to amend the State Immunity Act, for while acts of terrorism are clearly illegal under international law, customary international law has historically given states immunity from suit in domestic courts.

Therefore, we have the situation where Canada's State Immunity Act, in accordance with this basic principle of customary international law, affirmed the principle that a foreign state is immune from jurisdiction in any court in Canada with certain specific exceptions.

Ironically, there is an exception for commercial activity but there is not an exception for terrorist activity. We have a situation where, simply put, our State Immunity Act unconscionably favours foreign states that aid and abet terrorists over Canadians who are harmed by that terror. It removes impugnity with respect to commercial transactions but it retains immunity with respect to terrorist actions. It is in that context that I introduced a private member's bill to rectify this inversion of rights and remedy, this inversion of law and morality.

Under this legislation, when a state engages in the sponsorship of terrorism, it deserves no protection from our federal government. When a state supports a terrorist group that targets Canadians, our Canadian tax dollars should not be spent on defending that state's immunity from liability.

The private member's bill that I introduced sets forth in its preamble the raison d'être for this legislation. I would acknowledge that this raison d'être may well be the objective of the government's legislation and, indeed, features of its preamble in its legislation very much resemble the features in my private member's bill.

What I will seek to show is, while we both may have the same objectives in mind, regrettably, the Conservative legislation does not secure at the end of the day redress for victims of terror, nor does it deter the state perpetrators of terror because the listing framework set forth in the government's legislation undermines the very objectives in the legislation itself, as I will show.

However, let me turn now to our preamble in Bill C-408, which sets for the raison d'être for the legislation. It speaks clearly to the United Nations Security Council resolution 1373, enacted in the aftermath of 2001, and subsequent UN Security Council resolutions thereafter. It states:

—reaffirms that acts of international terrorism constitute a threat to international peace and security, and reaffirms the need to combat by all means—

As our preamble has put it. It continues:

—in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts;

It states that:

—the prohibition against terrorism, as well as the prevention, repression and elimination of terrorism, are peremptory norms of international law—

That is what I refer to as jus cogens.

—accepted and recognized by the international community of States as a whole as norms from which no derogation is possible;

—the support and financing of terrorism...are criminal acts under international law, not sovereign acts for which a state is entitled to immunity;

—the victims of terrorist acts include the individuals who are physically, emotionally or psychologically injured by the terrorist acts, as well as their family members;

—hundreds of Canadians have been murdered or injured in terrorist attacks;

—the Government of Canada reported to the Security Council that fighting terrorism is...the highest priority for the Government of Canada;

I close, with respect to our preamble, and I acknowledge that many of these same principles are set forth in the preamble of the government legislation. As to objective, there may well be a shared objective, but as to the achievement of that objective, the legislations then diverge, and I will show in a few moments exactly how that divergence undermines the very purpose of the legislation of the government, but I will suggest that this purpose is secured by our private member's legislation.

Finally the preamble states that:

—it is in the public interest to enable plaintiffs to bring civil lawsuits against terrorists and their sponsors, which will have the effect of impairing the [function] of terrorist groups, thereby deterring and preventing future [terrorist] attacks;

Admittedly, and this needs to be said, prior to the introduction of Bill C-35, or the introduction of my private member's bill, victims of terrorist acts, arguably, had the capacity to sue individual terrorists, or terrorist entities, or groups, for loss or damage suffered, using Canadian civil responsibility or tort principles in that regard. In fact, if one looked into the situation, there indeed have been civil suits previously in this regard that in fact address the sponsors themselves.

Also, in that regard, at first blush, there may be some concern therefore that while the existing legislation has allowed, under civil law, delictual law in Quebec or the common law of tort, remedies to be taken, this legislation, either that proposed by the government or that proposed by us, raises some constitutional concerns because it attaches civil remedies to federal legislation when such civil remedies are normally thought to be matters within a provincial jurisdiction.

However, as the constitutional law will show, Parliament can establish provisions related to civil redress if they are established within the context of broader regulatory or administrative schemes, which are themselves within Parliament's legislative jurisdiction under the constitution act or, more specific, if they are under the federal jurisdiction in matters related to criminal law, and certainly anti-terrorism law, in its pith and substance, is not only matters related to criminal law but matters of national concern, matters that the courts have held are within the peace order and good government clause and that the civil remedies are, in that sense, ancillary to a power that already exists within a federal jurisdiction.

Other concerns have been raised, which I will very quickly refer to because they have risen in debate this morning and they will arise in discussions before the committee. It might be useful to address them very quickly.

Apart from the constitutional issue, a reference has been made by my hon. colleague from the New Democratic Party on the matter that this legislation gives a right of civil remedy to victims of terrorism, but does not give a right of civil remedy to victims of torture.

That is correct, but the reason for this is not that victims of torture do not have a right to civil remedy. They do. I could even give notice now that I will be introducing legislation that will also provide a civil remedy for victims of torture in the same way that my private member's bill purports to give a civil remedy to victims of terror. However, the issues from a legal point of view, as I will point out at the time of the introduction of my private member's bill, are different in terms of the characterization of the issues, the nature of the remedy, the character of the perpetrator and the like and one could not comingle the two in this legislation because one would do a disservice to both.

Another concern that has been raised is the fact that diplomatic concerns may arise with respect to this legislation and this leads to the final concern and that is the matter of listing of legislation. Here we come to the core of the differences between our legislation.

Simply put, the Conservative legislation takes as its basic premise that state immunity should still operate. In other words, and this is crucial, victims of terrorism under the government legislation will be unable to sue a country that should be held responsible unless the Canadian government decides it should be held responsible. Therefore, whether a foreign state is listed will always be the subject of political negotiations between government. It will always be an issue of executive discretion. It will always have an element of arbitrariness about it. It will take away the basic right of civil remedy from the victims themselves.

In other words, after studying the government's proposed legislation and while I may share its purpose, and I am not questioning the intention, I regard it as necessary in terms of justice for victims of terrorism to put before the House a bill that properly addresses the evil of transnational terrorism, that properly targets the impunity of those states that perpetrate, sponsor or finance acts of terrorism and that properly allows Canadian victims of terrorism to seek justice.

We have an opportunity to provide redress for Canadian victims anchored in principles of domestic and international law. Regrettably, the government's bill handcuffs the victims of terrorism by subjecting them to a political list of countries that the government chooses to target. In this the government bill fails victims of terrorism and places politics above justice.

Simply put, the government's bill takes as its basic premise that state immunity should still operate, which undermines its own purpose in the legislation even when a state is charged with supporting terrorism. Only those states that the government chooses to single out will be held accountable. The government's legislation politicizes the legislation as victims of terrorism have themselves noticed.

Our legislation, my private member's bill's premise on the foundational principle that sponsors of terrorism do not deserve to be shielded by Canadian law and thus state immunity should not continue to operate for such perpetrators of terrorism as it will continue to operate under the government bill.

I move to a close, referring to the words of Victor Comras, which were invoked by the government in order to support its legislation, a former senior official in the U.S. state department who testified before a Senate Standing Committee for Legal and Constitutional Affairs, he explained how maintaining a list of designated countries ended up undermining the U.S. legislation. Therefore, the authority that the Conservatives rely on is Mr. Victor Comras, who came before our standing committee in the Senate and said, “don't go there, don't enact that legislation”. His exact words were, “If we had to do it over again, I have no doubt we would have done it without a list”.

Then he concluded in his testimony here in Canada, “Please learn from our lesson...do not make the same mistake”.

The government, which is invoking Mr. Victor Comras as authority for its legislation, is making the exact mistake that Mr. Comras warned against. I invite the government to in fact respond to Mr. Comras, whom itself has quoted.

While we share the basic principle with the government that victims of terror must have a civil remedy with respect to deterring acts of terror, with respect to providing justice for victims of terror, with respect to giving them standing before the courts to confront the terrorist perpetrators and the like and with respect to removing any immunity from civil liability before Canadian courts, that will only be accomplished if we adopt the private member's bill or if the government is responsive and amends its legislation so as to include the basic principled approach to providing civil remedies for victims of terror that is contained in our private member's bill.

Then we can go forward in common cause, the government and the opposition, to provide victims of terror with a civil remedy that will effectively deter terrorism, that will effectively hold terrorists liable, that will effectively remove immunity from such terrorists, their sponsors, their agents and their like and that will give and secure justice as it must be done for victims of terror.

[Peter Kent, Conservative, Minister of State of Foreign Affairs (Americas)]

Mr. Speaker, I am indeed reassured that both the private member's bill and the government Bill C-35 have a common objective.

My colleague is absolutely correct in characterizing the only significant difference as being between the listing of states. This list will be created by the government and it will be created to recognize the 41 terrorist entities, which are now listed pursuant to the Canadian Criminal Code.

The words of Mr. Comras are indeed correct. Mr. Comras has said many things. It is quite reasonable for a government or an individual to accept some of his opinions, statements and conclusions as worthy of inclusion and consideration in Canadian law, but not necessarily, holus bolus, everything that he said.

Canada recognizes that lifting of immunity of all states may in fact have a significant effect on Canada's international relations, interests and foreign policies, particularly on democratic allies, which have little or no likelihood of ever being listed as supporters or sponsors of state terrorism.

The ability to amend and to add to the list as time changes, and there is provision for a review every two years after all, is that not a pragmatic way of moving forward?

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I agree with the hon. minister that we have the same objective. The minister says that the only significant difference, or the only single difference as he might even have put it, is the issue of listing. That is a dramatic difference which goes to the core of the difference in our legislation. It undermines the very purpose, as I indicated, of the government's raison d'être in its legislation. It is a crucial difference, for listing retains the principle of state immunity for the most part.

In our private member's legislation we wished to reverse the notion, whereas the Conservative bill takes as its basic premise that state immunity should still operate and victims of terrorism would be unable to sue a country that should be held responsible unless the Canadian government decides it should not be held responsible. Under our private member's legislation we take the basic premise that state immunity should not operate an injustice by denying victims of terrorism their day in court.

The minister, if I can sum him up, made a point about listing possibly preventing frivolous or vexatious lawsuits against our democratic allies and the like. While our private member's bill would remove immunity from perpetrators of terrorism and state sponsors of terrorism, it also has an exception with respect to civil remedies for victims of terrorism. It refers to those countries with whom we have an extradition treaty; that is, those countries that respect and are anchored in the rule of law, have an independent judiciary, a democratic process and the like. Victims of terrorism could seek redress in those countries because of the democratic nature of the regimes, the independent judiciary and due process. We have addressed that issue.

What we are saying is that with the rest of the international community the situation should not be an arbitrary listing, which is always going to be subject to political negotiation, which in turn is going to make our foreign relations more difficult, where the government makes the choice as to who should be sued rather than the victim being able to exercise the judgment as to whom should be sued. In other words, it still retains the principle of state immunity. Our private member's bill would remove state immunity except for democracies anchored in the rule of law.

It is possible to frame legislation between the government's bill and our bill that would protect victims of terrorism, offer them an effective remedy, and remove the principle of state immunity, which continues to operate under the government's legislation through the listing process.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I asked the Minister of State of Foreign Affairs for the Americas a question about listing. I am wondering if my colleague could speak a bit about the possibility of changing this bill. Unless that is taken out of this bill, this bill would be hard to support. The member has underlined crucial amendments.

Can we amend the bill to also protect victims of torture? If we cannot do it in this bill, then I would like my colleague's feelings on when we should do that. His private member's initiatives are important in this area. I would like his comments on that.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I am pleased to respond. I think that victims of torture deserve a right of civil redress no less than do victims of terror.

My only point was that from a legal point of view we could not commingle the two principles in the same bill without doing a disservice to both. Therefore, I introduced a private member's bill with respect to providing a civil remedy for victims of terror and I will be introducing shortly a private member's bill to provide a civil remedy for victims of torture.

In that way we will have two distinguishable, though related, bills with respect to the matter of principle, but in the matter of process we will be able to go forward effectively to secure the rights of victims of torture and terror respectively.

In the matter of the listing, I regard this as a fundamental issue because, as I said, it goes to the core of the principle of state immunity. The whole purpose of the government introducing its legislation and my introducing my legislation is to remove this operating principle of state immunity, so as to provide victims of terror a civil remedy which they cannot now have because of the State Immunity Act.

Therefore, if we are going to amend the State Immunity Act, we have to amend it in a way that gives an effective right of redress to victims of terror. If we keep the listing system, we not only deprive the victims of terror of an effective right of redress but we do not effectively deter the state perpetrators of terrorism and the state sponsors of terrorism because unless they are somehow arbitrarily put on that list, they themselves retain the immunity from suit.

Putting them on a list, as the government chooses to do, also invokes a kind of arbitrariness in the whole process. Therefore, to retain the principle of effectively amending the State Immunity Act to give victims of terror an effective right of redress, we strongly urge the government to remove the listing approach. Then we can combine to put together a bill that will serve the needs of victims of terror that will effectively deter terrorism, that will properly amend the State Immunity Act, and that will be consonant with both our domestic law, our international law, and the UN Security Council resolutions and the like that I referred to earlier in my preamble as a raison d'être to this legislation.

[Bob Rae, Liberal, Toronto Centre, ON]

Mr. Speaker, I would like to say to the hon. member how proud all of us are in the Liberal caucus and I am sure in the whole House to have somebody of his calibre focusing his great attention on this question.

I would like to ask the member to comment on this thought. The minister referred to the political difficulties of listing certain countries with respect to our foreign relations. Would the member not agree with me that by turning this into a political act by the government putting countries on the list, it constantly politicizes an issue and makes an issue more difficult when in fact the purpose of the legislation is to grant a civil right to victims that would be there in a sense regardless of politics? It is not because one country or another is on a list that there is a problem, it is because that victim can prove in court that in fact that country is responsible for an act of terrorism.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, the government's bill regrettably will introduce a standing politicization. The government will be engaged in negotiating which governments should be on the list or should be removed from the list, and the victims of terror will be denied their effective redress. Remove the list, give the victims of terror an effective redress. and deter acts of terrorism at the same time.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, given that oral question period is imminent, this major 20-minute speech that I am about to give will unfortunately be interrupted. But no one will miss anything, for I will be back to finish my speech on Bill C-35.

The purpose of this bill is to lift the immunity of states that support terrorism and expose them to private civil actions. The Bloc Québécois has already pointed out its many reservations about this bill, but we are prepared to examine it in committee. As I have always said, all legislation deserves to be examined in committee, unless it is completely absurd or goes against our values. We can study it to determine if this kind of bill can be improved in any way. I can assure you, Mr. Speaker, we have many questions. There are a number of irritants in this bill that will definitely have to be eliminated in order to obtain the Bloc Québécois' support.

Right now, the State Immunity Act prevents victims from suing states. The act gives foreign states jurisdictional immunity before Canadian courts and prevents anyone from suing foreign states in Canada, even for crimes recognized under international law. This jurisdictional immunity also applies in cases where the victim is Canadian, as in the cases of Zahra Kazemi, William Sampson and Maher Arar.

In criminal cases, the law currently permits legal action against foreign officials. Legal action may also be taken against agents of a foreign government for abuses perpetrated outside of Canada. However, both the victim and the perpetrator must hold Canadian citizenship when the crime is committed, or the perpetrator of the abuse or crime must be in Canada. Even so, criminal law does not provide for compensation for the victim. That is the current situation in Canada.

I will now turn to the government's proposed changes. In creating the Justice for Victims of Terrorism Act and amending the State Immunity Act, the federal government is lifting that immunity and authorizing Canadian citizens to sue individuals who participated in acts of terrorism and organizations and states that financed or protected terrorists in Canadian courts. At first glance, it seems like a very good way to ensure that justice is done for victims of terrorism.

Right now, state immunity prevents anyone from taking any action whatsoever to obtain redress. Some damage can never be repaired, and people tell themselves that that is what the law says, so it must be all right. But we can obtain redress and punish the guilty parties to ensure that justice is done and that the people who were hurt, the victims, have a chance to confront the ones who victimized them. However, several of the parties in this House have detected significant oversights in this bill. Because of these oversights, there will not really be any victims who succeed in obtaining compensation. The intention is good, but we have to take a closer look at how it will play out. As legislators, we have to ensure that a law will truly be effective, and that is not the case with Bill C-35.

Under the bill, foreign states and terrorist organizations can only be sued if they are on the government's list. We do not know yet which countries will be listed. Foreign states can be sued only if they did something for the benefit of the listed terrorist group that actually caused the harm in question. It appears that the cause of action does not cover situations where a state was involved directly. This refers to whether they committed one or more of the following acts: providing property for terrorist activities, providing property or services for terrorist activities, possessing property for the purpose of carrying out terrorist activities, participating in the activity of a terrorist group, facilitating a terrorist activity, committing an indictable offence for the benefit of a terrorist group, instructing a person to carry out an activity for the benefit of a terrorist group, instructing a person to carry out a terrorist activity, and, harbouring a person whom he or she knows has carried out or is likely to carry out a terrorist activity.

The courts may hear the cause of action only if the action has a real and substantial connection to Canada, in other words, if the victim is Canadian, the defendant is Canadian, the harm occurred in Canada or on a vessel or aircraft in Canada. That sums up what Bill C-35 is all about.

As I was saying, the Bloc Québécois has a number of questions. There are a number of irritants in this bill, but we would nonetheless like to refer it to committee in order to discuss all aspects of it.

In practice, and I was saying this a few moments ago, the recourse offered by the government through Bill C-35 could never provide justice or redress to the victims. The state being sued could quite simply refuse to compensate the victims, despite any ruling.

I will continue immediately after question period with all my concerns about this bill.

The House resumed consideration of the motion that Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act, be read the second time and referred to a committee.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, I began my speech just before oral question period. I will not repeat everything I said, but I will come back to the Bloc Québécois' position on Bill C-35, which seeks to lift the immunity of states that support terrorism and expose them to private civil actions.

As I was saying before question period, the Bloc Québécois would like to examine Bill C-35 in committee. We have many questions about the bill, which contains several points that bother us. Nevertheless, like the rest of my party, I believe that it would only be right to examine it in committee to learn all its ins and outs.

When my speech was interrupted, I was saying that, practically speaking, the recourse offered by the government through Bill C-35 could never lead to true justice and redress for victims. It should not be surprising that a terrorist state that is prosecuted would be very unlikely to pay. Furthermore, any goods it might have in Canada—not everyone has an embassy here or goods of any significant monetary value—would not even cover the costs awarded by the court.

As for suing terrorists themselves, I ask the government whether it really believes it is possible and realistic to sue a bin Laden or any other such terrorist, in the hope of obtaining redress and compensation. The answer is self-evident.

Will such a measure really have a deterrent effect on terrorists? It will now be possible in Canada to sue terrorists and the governments that support them, but I am not sure that this will prevent them from committing acts of terrorism.

The government will establish the list of countries that can be sued by victims. Victims of a country on the list will be able to obtain compensation under this bill, while victims of a country not on the list will not. As I said, I believe that this will be academic. The bill will create a double standard, because victims of countries that are not on the government's list will have no remedy. The government has created an injustice by making this distinction.

Moreover, the very idea of a list is questionable. Where do we draw the line? That is a question that the committee will have to consider.

And why limit lawsuits to terrorism? Not that terrorism is not truly reprehensible—of course it is—but we should also think about all those countries where there are war crimes and crimes against humanity. I am thinking of torture and genocide. Earlier, during questions and comments, an NDP member asked questions about countries where torture is practised.

Not long ago, a free trade agreement with Colombia was discussed here in the House. We know that torture is practised in that country and that journalists and opponents of the regime are kidnapped, tortured and assassinated. Not only should we not sign a free trade agreement with this sort of country, but we should add it to the list. We could make it possible for victims of these countries to sue them.

To add to the Bloc Québécois' reservations about this bill, it is possible that it may interfere, yet again, in Quebec's jurisdiction on civil law. Civil law is within the jurisdiction of Quebec and the provinces. Through this bill, the government is casting a very wide net and could interfere in our jurisdictions. Obviously, we will pay particular attention to that aspect in committee.

I do not know whether this has come up since we started discussing Bill C-35, but, according to my research, the only similar measure exists in the United States. It is an example of foreign legislation that is quite similar to the policy the government wants to implement.

The only country that has legislation related to Bill C-35, is the United States. They adopted their antiterrorism and effective death penalty act of 1996 and amended their foreign states immunities act in order to provide an exception like the one proposed in Bill C-35.

Has the effectiveness of the U.S. legislation been measured before implementing exactly the same type of legislation here in Canada? I doubt it, otherwise a different bill would have been introduced. I still have a few minutes to explain the type of problems the U.S. is experiencing with this legislation. The U.S. experience is not at all conclusive. In the United States, the legislation has been in place for more than a decade. Only listed countries can be sued, as would be the case here, with currently listed countries being Cuba, Iran, Syria, Sudan and North Korea. Iraq and Libya were originally listed but have since been delisted.

A common problem identified by the Congressional Research Service, or CRS, has been the refusal of defendants to recognize the jurisdiction of the American courts. As I mentioned earlier, we can very well sue an offending country, but that country will say that it does not recognize the courts under which it was sentenced; it will refuse to pay and, obviously, to compensate the victims. So we end up caught in a process where, no matter what we do, the defendents will always be able to refuse to accept the sentence they receive. Defendants do not even appear, and default judgments are rendered, which the debtor countries then ignore and refuse to pay damages and interest.

Now, let us look at what happens when it comes to recovering damages and interest, if a country is successfully convicted. As I said, if the country does not appear and refuses to pay, we have ways to try to recover what is owed to the victims. This also causes a major problem given the limited assets of listed countries being held in the United States and the executive branch’s resistance to allowing frozen assets to be used for this purpose. As Congress attempted to create avenues for recovery, the executive—the politicians—would resist such efforts over concerns about retaliatory measures, losing leverage over the countries concerned, and potentially violating international law on state immunity.

For example, the 1981 Algiers Accord that resulted in the release of American embassy staff who were held hostage by Iran—Canada played a very important role in this crisis— barred the hostages from initiating civil suits. However, Congress sought to provide a right of action to those hostages through various proposed laws, which the executive resisted, because of the international implications if such an accord were to be violated.

Changing circumstances in Iraq also created a difficult situation for the Bush administration. Under Saddam Hussein, Iraq was a listed state that could be sued. A number of such suits were successful and the plaintiffs sought recovery by seizing certain Iraqi assets. However, after the invasion of Iraq, according to the CRS, the American government no longer had an interest in allowing such assets to be taken, as they wanted them to be used for the benefit of the Iraqi people in rebuilding the country. In fact, we invade a country saying that we have come to save it, to help, and to get rid of the dictator. But at the same time, we say that court orders have been issued against it and that we will take what we can and give it to the victims. The situation there was already very explosive. The Iraqi people would probably have been even more outraged by the American intervention.

Despite the legislation, the American government decided to take a step back and not seize these assets and send them to the United States. The United States decided to retroactively delist Iraq. Many plaintiffs were unable to recover the money granted them in judgments.

With limited seizable assets in Canada, victims will find themselves competing for the few, if any, assets available for recovery.

If there are multiple victims, which is often the case in terrorist attacks, the few assets belonging to the state that helped the terrorist group carry out the attack will have to be seized to recover a minimal amount of money from the forced liquidation of the assets by the courts.

Moreover, the Americans' concerns about retaliation, as described earlier, seem well founded. Cuba and Iran, for example, took similar action in response to American measures. There has been retaliation.

I would now like to discuss the inclusion of terrorism and the exclusion of torture and other crimes. One of the most common criticisms of the bill is that it includes terrorism offences but ignores torture. Lawyers and commentators, such as the Canadian Centre for International Justice, find that there is no justification or rational basis to allow suits for one but not the other.

Why would torture carried out directly by a state and recognized internationally as an action not covered by state immunity not be covered, while terrorism, typically carried out by small cells that are impossible to catch, is? How are we supposed to take bin Laden to court and get a ruling against him for compensation when we still do not know where he is? How can anyone think that this kind of bill can resolve that situation when it does not even address torture and other abuses, such as genocide?

The United States’ legislation lifts immunity for an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources, thus including both terrorist acts and torture. Some countries in Europe are also lifting immunity for torture, such as Italy, which has permitted suits against Germany for its actions during World War II. Private members’ bills addressing torture, but not terrorism, are currently before the House of Lords and the House of Commons in the United Kingdom.

I would like to talk about diplomatic relations. We will also encounter problems in that regard, which must be discussed with important witnesses in committee. Various diplomatic challenges may be created by this bill, according to commentators. One newspaper article described the proposed legislation as a “diplomatic minefield”. Listing countries may be problematic for Canada’s foreign relations. Similarly, the proposed role of the Minister of Finance and the Minister of Foreign Affairs—the two ministers who could add countries to the list of those that can be sued—in enforcing judgments through such actions as identifying and locating assets for seizure, may negatively affect diplomatic efforts. For example, Afghanistan and Pakistan are commonly seen as “incubators” of terrorism, but their listing could be problematic from a diplomatic perspective as the Canadian government seeks to support the governments of those countries. Others question whether courts are equipped to deal with the foreign policy and international relations, considerations that will inevitably be attached to such cases.

I also found articles in Quebec newspapers, for example, in Le Devoir and Le Soleil, which refer to this bill's grand illusion. It is a fine illusion. Jean-Marc Salvet, the editorial writer for Le Soleil, wrote that the bill will have almost no effect, for what could it possibly offer? Clearly, he says, the threat of a future claim for damages is not going to stop a terrorist from committing a crime. So no one should look for any kind of advantage from that perspective. There are other examples like this one.

I invite the members of this House to refer the bill to committee so we may discuss it further.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-35.

We have heard interventions from the government, the Liberal Party and the Bloc. There seems to be consensus on some of the concerns that many of us have when it comes to Bill C-35, which I will get to.

There is a consensus also on the need to deal with the issue and the objective that the government has laid out and that we need to do something to address the grievances of victims due to terrorism. The question is not whether we should deal with that objective. It is how we deal with that objective.

The principle behind the bill is important. I think all parties want to find ways of addressing the concerns of victims, of what is political violence often.

New Democrats have always taken a strong stand against perpetrators of terror, torture and human rights abuses. For that reason, we will support sending the bill to committee for further study, and I will explain some of the rationale behind that.

At this point, we are not convinced the bill will achieve its stated purpose of preventing, and was mentioned by the Minister of State of Foreign Affairs for Americas when he tabled the bill, and deterring terrorism.

What will the proposed bill do? Bill C-35 has three primary components. First, it creates a cause of action that allows victims of terrorism to sue individuals, organizations and terrorist entities in Canadian courts for loss or damage suffered as a result of terrorist acts as defined in the Criminal Code. Second, it amends the State Immunity Act to remove state immunity for states on the list of countries established by cabinet and that have supported or currently support terrorism. Finally, it allows victims to sue foreign states that are on the list.

The bill takes significant steps, but we need to take a measured look at it. That is why it is important for it to be examined at committee.

I will enumerate some of our concerns.

First, will the amending of the State Immunity Act cause retaliation against Canadians and within that what are the risks?

Second, why is the government limiting the cause of action to a certain list of states, not leaving the matter open to courts decisions? That was echoed by my colleagues on this side of the House.

Third, is there merit in extending the cause of action created by the bill to victims of other forms of state violations of human rights such as torture and if not in this bill, what are the plans of the government to deal with that?

I do not have to enumerate the numbers of cases of Canadians who have suffered torture through other state actors. We believe that should be dealt with immediately.

Let us begin with the first point. There are serious concerns with the concept of amending the State Immunity Act. Would it open the door to frivolous suits launched in questionable jurisdictions that would adversely impact Canadians? It is simply a question and one that needs to be answered. Within diplomatic circles, this has been questioned.

I will reference Fen Hampson, the director of the Norman Paterson School of International Affairs Carleton University, in Ottawa, which is one of the most pre-eminent schools of diplomacy. In reference to the bill, when asked, “Does it interfere with possible foreign policy goals?“, he said:

Absolutely...Securing the release of a journalist or someone else who has been thrown into jail, something like this can complicate relations. It doesn't ease them....In effect, you are putting your diplomacy in a straight jacket.

Another commentary on the bill has said a similar thing. René Pronovost, an international law expert at McGill University in Montreal, echoed Mr. Hampson when he said, “The bill invites retaliation by other governments”.

We need to take these comments and points of view seriously. We cannot just brush them aside.

It is important to note, when we look at the world, particularly after 1989 with the fall of the Berlin Wall, that we live in a much more multilateral, multi-polar world. Therefore, our good intentions at home should not limit our abilities for seeking resolutions to problems abroad. That is why these comments have been made.

In the area of unintended consequences, a bill that we pass, which might suit our needs domestically for very good reasons and for lofty goals, could actually harm us when we look at dealing with other actors, multilaterally. We should be sure that whatever do at home with the intention of deterring terrorism actually helps us deter terrorism.

I think it is strange that the only exception to state immunity as it exists now, and the government is certainly aware of this, is in financial cases. There are provisions. It is important the committee and Parliament be seized with a study and debate on whether we should end immunity against violence in its different forms. Notwithstanding the scope of the bill and the opportunities to go further, this is a time to open up that issue.

In other words, when it comes to the act itself, where there are state immunity exceptions in financial cases and the government proposes we change it to address terrorism, it would also be an opportunity, if we are unable to amend and extend this bill, to at least open up some opportunities for debate and proposition to follow up with other exemptions from state immunity. I am certain many of us would like to see that for those who are victims of torture. We can do this in committee. We can look at the problems in the bill. It is a discussion to which that I look forward.

The second concern I have is the list. I made a point of it in my intervention when I was questioning the minister of state. We heard from the Liberal intervenor on this, which is a concern shared by the Bloc as well. With the contemplation of this list, the bill would create a cause for court action, and the Criminal Code defines what the action is. Why would the cause of action as contemplated in the bill and amending the state immunity provisions only be subject to certain states and not others? This is core to the concerns the NDP has with the bill.

We have heard from others in the debate today that with the government confining the court actions to a list of countries, it is undermining the intent and objectives we all want. When we put that tool in the hands of the executive, the cabinet, to deal with it exclusively, we run into what I call a faulty flaw in legislation, a faulty flaw that strangely undermines the whole idea of what we want to deal with. Legislation is put forward and contemplated to deal with problems. One must look at the full scope of what the legislation does and not in isolation.

When a list is put together, one has to be very careful as to who it will affect. By design, there is a group of countries that are not being included. The government says that we should not worry, that it has a review on a bi-annual basis. Things happen quickly in this multi-polar world. This does not allow for a quick response. The government says that if there is an emergency, it can change that. The point is not only who is on the list, it is the fact that the list exists.

We have heard from those who have had experience with this in the United States. They have said that this is a problem. They have advised us not to go down that path. I find it strange that we would take on the worst aspect of that policy framework from the U.S., after it has been tried, critiqued and suggestions made not to do it, and put it in our legislation.

When I asked the Minister of State for his feedback on that, he believed this was the way to go. He did not provide a rationale and he certainly did not provide a response to the question put forward that if this did not work in the states, why do it here.

It is really important therefore that we are non-supportive of politicizing our courts or giving cabinet the authority to say which cases the courts must take on and which ones they must refuse. The government is doing that with the list. If the actions of one state are cause for legal action, the equivalent actions of another state should be cause for similar action. There should be no preferential treatment for any state if we are to be genuine about it. It is up to the legal system, really, to look at the merits of every case and decide whether action can be taken. It is a really important tenet of our system, that the courts are able to do this. As my colleagues from other parties have stated, and the member for Mount Royal said it best, the list is a tool of politicization, which undermines the stated goal of the bill.

Finally, if through the studies at committee it became clear that the approach in the bill did not deter state violence in the form of terrorism, then we wish to examine whether similar action should be expanded to include other forms of illegal state violence, such as torture or gross violations of human rights. If we were able to open that up, we would hope that, if not in this bill, the government would come forward with opportunities to have legislation that would amend the State Immunity Act to deal with those areas.

We just celebrated the 60th anniversary of the Universal Declaration of Human Rights. The Canadian Centre for International Justice has said on numerous occasions that the declaration was an amazing achievement and that we should all be proud of the Canadian content of that declaration. However, there is an ongoing need for a greater commitment to the prevention of mass atrocities such as genocide and crimes against humanity, torture and war crimes. We need to have a goal in the 21st century that the enormous advances in international justice will be ones that prove to be strong deterrents to the commission of such atrocities and contribute to the prevention of conflict more broadly.

The ICC is at the forefront of this system. It is the first permanent criminal court able to try individuals for serious violations of international law. It has its challenges, no question, but Canada was a party to the treaty establishing that court, and we have agreed to try alleged war crimes and human rights abusers in Canada. We just had evidence of that recently in Montreal.

Torture treatment experts estimate that 25% to 30% of refugees and immigrants living in countries like Canada have experienced torture with war trauma. The Government of Canada figures suggest that there are hundreds of alleged war criminals and human rights abusers currently in Canada, and often survivors of atrocities express their desire to seek justice served for the harm they have suffered. Justice can play an important role, no question, in the healing process, helping to address some of the emotional and psychological challenges faced by survivors.

With regard to the stated purpose of the bill, we agree with exploring the option at the committee level and deciding whether it should apply to victims of terrorism as well as other forms of state violation of human rights and international law. If we are to accept the amendments to the State Immunity Act and we want to do the whole thing, we need to open it up to other facets.

We should ensure that foreign government officials and their agents implicated in torture and other atrocities are tried in Canadian courts. Canada's State Immunity Act has created a barrier to such cases in Canada, leading to a statement of the UN committee against torture that this is an improper interpretation of obligations under the torture convention. Cases in civil courts are an important complement to a strong criminal law system, providing an alternative forum for cases, and allowing for the possibility of compensation and other forms of redress.

We support the initiatives that would redress the harm done to victims and would deter the future state sponsorship of violations of human rights, but we are not convinced that the bill in its present form is really the way to go or that all the unintended implications that I have mentioned have been thought through thoroughly.

We have serious concerns about cabinet's interference with justice in the form of creating a list of states which would face court action in Canada to the exclusion of other states.

We also wish to explore whether or not these measures would deter other forms of illegal state violence and violations of human rights, and if not in this bill, as I said, that is fine if that is the committee's conclusion in dealing with the area of torture. If it is not included in this bill, then we would like to see some commitment by this Parliament to legislation that would amend the State Immunity Act to deal with that. It is far too important to wait another year or two.

Notwithstanding these concerns about the bill, and given our commitment to giving victims of human rights violations an opportunity to seek justice and to make sure that justice is done, we will join with others and support sending this bill to committee where we will take a look at it and hear from others.

The government does not really understand the unintended consequences when it comes to our diplomacy abroad. We need to hear from experts, from people in the field. We need to hear from those in the United States who have pleaded with us to stay away from the list in this bill.

I started off my comments by saying that I think there is a shared objective here and that is to deal with those who have been victimized by terrorism. Everyone agrees that is something to address and redress. If we do not do it properly, then certain members of Parliament will have a difficult time supporting it, and I would align myself with them. If we do not get it right, we could be in the unfortunate position of having brought forward a law that undermines the actual objective we are trying to achieve.

[Ed Komarnicki, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Mr. Speaker, the hon. member spoke about having a provision for bringing a course of action against states and noted this may cause countries to retaliate against Canada. Would the member tell us which countries he thinks could or would retaliate against Canada?

[Paul Dewar, NDP, Ottawa Centre, ON]

That is the whole problem, Mr. Speaker. It is not about creating concerns about countries that do or do not exist on a list. It is the whole idea of the list. The member can conjure up in his own mind the kind of retaliatory action. I am not identifying countries; I am identifying problems in policy.

I am not alone in this. The jurisdiction south of the border that has had concerns about this has said this is a problem and that we do not want to go there. Canadian experts from the Norman Paterson School of International Affairs here in Ottawa have said that this is not the way to go because it could affect our diplomatic affairs and undermine our objectives in diplomacy and multilateral relations in a multipolar world.

This is not about which country and what response. This is about the policy itself undermining the objectives that we are all trying to achieve.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, certainly it seems that in the United States it has been a big problem. Once again I have suggested the government look at experiences that actually work or instances where certain types of legislation can be proven to work. Once again the government has embarked on legislation here where we have evidence that it has not worked that well in the United States.

In the United States' experience, similar legislation has been in place for a decade. Only listed countries can be sued, which currently are Cuba, Iran, Syria, Sudan and North Korea. Iraq and Libya were originally on the list but they were taken off.

The common problem being found has been a refusal of defendants to recognize the jurisdiction of the American courts. As such, the defendants do not appear and default judgments are rendered which the debtor countries then ignore and refuse to pay. They go through this process and at the end of the day, they come out empty-handed. That is not what we want to do here.

We want to get legislation that works in the first place. My colleague and a member of the Liberal caucus got to the point this morning when they said that we do not need a list of countries. As a matter of fact, a list is the wrong way to go. An injustice is an injustice no matter what country perpetrates it and people should have the right to sue on the basis of the injustice, regardless of the country.

I would ask the member to elaborate a little more on that experience in the United States.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I thank my colleague for pointing out in some detail the concerns of the list. I still have concerns about what the consequences of the list would be, but more profoundly, I have grave concerns about the intent of this bill as it was put together by the government.

The Conservatives have the full capacity of government to study legislation, to make sure the legislation works. For instance, there are constitutional questions that can be raised with this bill in terms of jurisdiction, and the responsibilities and roles of the executive branch, the courts, et cetera. I find it strange that the government would bring forward a bill with lofty objectives, and I think 100% of the House agrees with the objectives, in such a manner that it is restrictive and could actually undermine the objectives. The evidence is south of the border. They basically have said, “Do not go there. Do not put the list together because you will corner yourselves”.

In terms of natural, fair justice, if we are going to limit citizens as to where they can bring forward their grievances, then we are not being fully democratic in the application of law. When we get to choose from a list of countries, what happens when citizens have been affected by countries that are not on the list? What will happen with that? What challenges will go to our Supreme Court?

We should think of the resources as well. When these things are done, they come with costs with respect to time and money. At the end of the day, if we put forward legislation that ends up having no efficacy and no redress yet uses a lot of resources, we will undermine the whole principle.

As my colleague and I said, it is an experience the Americans have had in the United States, not just for one, two or three years, but for a decade, and they have said to stay away from that part, and do not list because it will undermine our objectives.

I say to the government to listen carefully to everyone. We will see that at committee. The government should not be stubborn about this. This is too important. If the government is stubborn and ideological about it, then I do not think this bill will pass and the whole idea, concept and principle will be put aside, which would be a shame.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, to continue on with this line of questioning, we ended by saying that it looks as though the best we could get is default judgments in the United States which the debtor countries ignore and refuse to pay, so where does that leave the victim? The next problem is recovery. They say that recovery is the problem given the limited assets of listed countries being held in the U.S. and the executive branch's resistance to allow frozen assets to be used for that purpose. Even if we are trying to hunt down the assets, we are not going to be getting the help of the government in this regard. The executive would resist such efforts over concerns about retaliatory measures, losing leverage over the countries concerned and potentially violating international law on state immunity. They go on to talk about the Algiers court as an example.

This is very complicated. In addition, countries such as Cuba and Iran have simply retaliated by bringing in their own equivalent measures introduced in their own countries.

I would ask the member if he would like to comment further on that aspect.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, the point my colleague is making is that this is not a one dimensional process. When we involve other actors by design, we bring in other possibilities and responses. As an executive in cabinet writing a list comes with some expense. We could say that is no problem, that we are principled and we are going to ensure that we follow our principles. However, what is the objective? If the objective is to address and redress victims of terrorism and by listing countries we actually cut off the victims' ability to have that redress, then we need to acknowledge that. I think that is what has been experienced in the United States and we would be wise to learn that lesson.

When we look at international law, at what is happening with the ICC and we look at the ability for grievances to be dealt with in a multilateral world, a lot of emphasis should be put on not listing countries for purposes that we see here by cabinet. If we really want to get at grievances at an international level and have our government play there and push international justice, then we need to strengthen support for institutions like the ICC. We need to ensure that we not only deal with terrorism and torture and other crimes against humanity, but that we are also in the business of preventing them. I could give longer than a two-hour speech on that subject, but I will not do that. Many would like to see some support for prevention of these things before they happen and we have not seen enough of that from the government, quite frankly.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I am pleased to rise today on behalf of the constituents of Fleetwood—Port Kells to address Bill C-35. It is a pleasure to have this opportunity at second reading to speak about how this government is delivering on its commitment to protect the safety and security of Canadians, both at home and abroad, from terrorist activities, while giving those who do fall victim to heinous acts of terrorism an ability to fight back.

Over the last few years, we have all been witness to the horrible carnage that terrorism can, and does, leave in its wake. We have witnessed the broken lives, the broken communities, and the constant state of fear and panic which innocent bystanders, as well as victims and their families, are forced to endure.

Canada is not immune from this threat. Hundreds of Canadians died in the bombing of Air-India flight 182, the worst terrorist attack in Canadian history and the largest in North America prior to September 11, 2001. Canada has been singled out for possible future attacks by organizations such as al-Qaeda.

We have also seen the successful prosecution of homegrown terrorists before they had a chance to carry out their plans.

We, therefore, cannot afford to bury out heads in the sand and pretend that our country has no stake in the global fight to put terrorists out of business. We need to continue to take firm and decisive action. That is the primary reason behind Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act.

Today, we know that terrorist groups seldom act alone. The scale and sophistication of terrorist operations in recent years often required vast amounts of financial and organizational support. That support can come from other entities, and even other states. Indeed, many observers have often described the relationship between terrorist groups and certain governments as one of a state operating within a state.

The present reality is that money is the lifeblood of terrorism. One of the most effective ways to deter terrorism and put terrorists out of business is, therefore, to hit them where it can hurt the most: their pocketbooks.

The bill before us today, An Act to deter terrorism, and to amend the State Immunity Act, would do just that, by allowing victims of terrorism to sue perpetrators and supporters of terrorism, including those states that support terrorism while respecting the important international relations we have.

Specifically, Bill C-35 would allow victims of terrorism to seek redress for any loss or damage that occurred as a result of terrorist acts committed anywhere in the world on or after January 1, 1985, and in cases where they can demonstrate a real and substantial connection between the action and Canada. The target of these suits would be perpetrators of terrorist acts, as well as their supporters, including certain states known to support terrorism.

In the case of the latter, Bill C-35 proposes to lift state immunity under certain conditions so that governments that do support terrorism would no longer be able to hide behind the cloak of international rules and agreements between civilized and law-abiding countries.

The amendments before us today would allow the governor in council to designate those states to which state immunity would no longer apply, provided there are reasonable grounds to believe that they support terrorism.

The bottom line is that states and organizations that bankroll terrorists seek to operate in the shadows. In most cases, they do not want their actions held up to the eyes of the world so that everyone can see who they are.

Creating a cause of action so that they can be held to account through the courts would do just that, while also giving victims the opportunity to seek justice, something that they have sought for some time and what this government is now delivering on.

Bill C-35 would do more than just create a cause of action for victims and terrorists in civil courts.

It also proposes to give the Minister of Foreign Affairs and the Minister of Finance the discretion to assist, within their mandates and to the extent reasonably practical, in identifying and locating in Canada the property of a foreign state against which a judgment has been rendered, provided it is in Canada's best interests to do so. The Government of Canada is committed to helping victims and this is what these provisions will allow it to do.

They will allow us to help ensure that justice is served in ways that do not jeopardize our standing in the international community. They will help ensure that states that support terrorism face the consequences of their actions in real and tangible ways while also ensuring that cultural property, such as museum collections in Canada, is not suspect to seizure. This bill is balanced, effective and fair.

Several years have now passed since that terrible day in 2001 when Canadians and people from around the world became aware of just how much they were at risk and how committed terrorists were to causing untold and indiscriminate carnage. Since then, together with our allies, Canada has stood up to say that we are not going to be afraid. We are not going to back down from terrorists or give in to fear.

We are going to meet the threats they pose head on and take the necessary steps to protect this country, protect our fellow citizens, and help ensure that terrorists do not succeed in reigning havoc among our friends, neighbours and allies overseas.

That is the commitment that all of us as Canadians made in 2001. It is the commitment that all of us as Canadians still believe in upholding today. The bill presently before us gives this country another important tool in our efforts to both deter terrorism and help ensure that victims get the justice they so rightly deserve.

I, therefore, urge all hon. members to give speedy passage to Bill C-35 and stand united in sending a message to those who would threaten our homes, our families and even our lives. Together, we will stop them and win the fight against terrorism.

[Jeff Watson, Conservative, Essex, ON]

Mr. Speaker, I wonder whether the hon. member could explain to the House how a victim of terrorism would proceed to sue perpetrators or supporters of terrorism under Bill C-35.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, under this bill, any victim of terrorism could file an action in Canada to seek redress for loss or damage resulting from a terrorist act committed by a terrorist entity listed under the Criminal Code or other persons or organizations that carried out a terrorist attack.

Such suits could also be brought against individuals, entities or listed states that provided support to an entity listed pursuant to the Criminal Code. The Criminal Code would then determine whether it can hear the case by determining whether there is a real and substantial connection between the action and Canada.

If a favourable judgment is issued to a plaintiff, the defendant, including a listed state, would have an obligation to comply with the Criminal Code's decision or its assets and property could be seized. In matters where a listed state could be found liable, the plaintiff could request assistance from the Minister of Foreign Affairs or the Minister of Finance to identify and locate that state's assets under Canadian jurisdiction.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I am wondering what my colleague's opinions are about the apparent omission of any charges of torture, that may be perpetrated by another state, in this piece of legislation. We recognize that in the field of antiterrorism, one of the components that is used is torture, and sometimes state-sanctioned torture, in other parts of the world.

In allowing the Canadian government to pursue these types of cases in court, there are two things. One is the piece about torture, which seems to be glaringly absent. I am curious as to why she thinks that is and why she thinks that the government, in constructing this entire piece of legislation, made no mention of the International Court of Justice in the Hague. It is set up to do many of the things that she mentioned were important to her in her speech.

There is no component of a court that actually already exists to pursue some of the very cases that our government seems so interested in. Will she not endorse the work done in the Hague and other places that try to keep the international rule of law in mind when countries are facing each other in conflict?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, the hon. member should applaud what our government is doing. The Government of Canada is committed to fighting terrorism and to holding the perpetrators and supporters of terrorism accountable for their actions.

With this bill we are showing leadership against terrorism and we are providing the means for victims to seek justice against the individuals, organizations and foreign states that support terrorism.

This proposed legislation is one of several initiatives undertaken to recognize the victims of terrorism. We have also established June 23 as a National Day of Remembrance for Victims of Terrorism. The date was chosen to honour the victims of Air India flight 182, the worst terrorist attack in Canadian history and the largest in North America prior to September 11, 2001.

The Government of Canada also established a full public judicial inquiry into the bombing of flight 182 in order to investigate unresolved questions. The families of the victims of the Air India bombing have been calling for a public inquiry since the day of this disaster, but for over a decade the previous Liberal government turned a deaf ear to requests for an inquiry into this tragedy. It took a Conservative government to do the right thing and call an inquiry.

The Government of Canada is determined to take decisive steps to protect Canadians from the threat of terrorism. By tabling this legislation, the Government of Canada is sending a very clear message that perpetrators of terrorism and their supporters will be held accountable for their actions.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I am a little confused and I would like my hon. colleague to stop reading the paper and answer a simple question.

I asked her a question about torture. This has been an incredibly important part of the debate surrounding terrorism. I asked her why torture was not included and all she could do was read her PMO prepared notes. I also asked her a question about the International Criminal Court and if her government supports such efforts while the United States has turned its back on it. I asked two simple questions and she went off to some other place.

Simply and calmly stated for the member, I ask her to put the paper aside and tell me what she thinks. Why was torture not included in this piece of legislation, obviously a component that is connected to international terrorism? This is not a complex question. This is a straightforward, simple question. I do not need PMO script. I need her thoughts on this.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I would like to tell the hon. member to please get behind this bill, support it, give it a speedy passage, and stand united in sending a message to those who would threaten our homes, our families and even our lives. This is very important. It is not only important for my constituents but for his constituents as well.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, we have a situation where the Conservative government has tried to reward the Colombian administration, the government of Colombia, by giving it privileged trading access to Canada and yet the Colombian government has ties to paramilitary organizations.

As the member well knows, the story broke just a few weeks ago that on Colombian government property Colombian paramilitary members were being recruited to support the Honduran coup leaders. The result of the paramilitary transfer from Colombia to Honduras was the death of a number of individuals in Honduras. The Honduran coup overthrew a legitimate democratic government. The Colombian paramilitaries, tied to the Colombian government, are involved.

In her opinion, is that the kind of thing that this bill should tackle, the abuse of government property to ensure that paramilitary thugs can be transferred from Colombia to Honduras to overthrow a democratic government? And does she not believe, if that is the case, that the government should withdraw its shameful privileged trading relationship with President Uribe?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, I would like to tell the member that Bill C-35 will specifically allow victims of terrorism to seek redress for any loss or damages that occur as a result of terrorist attacks committed anywhere in the world on or after January 1, 1985 in cases where they can demonstrate a real and substantial connection between their cause and Canada.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, unfortunately the member did not respond to the question.

I know Conservatives have difficulty going beyond their PMO notes which they are issued every morning, but they should be representing their constituents and should be able to speak from the heart.

So I will ask the member again. We have Colombian paramilitary thugs that apparently receive the full support of the Conservative government, seeing as the Conservatives want to enact a privileged trading relationship with the regime that is tied to these paramilitary thugs. These paramilitary thugs were involved in the killings of innocent people in Honduras, people who were protesting the coup, the overthrow of legitimate government. Does the member believe that is the kind of action that the Conservative government should be condemning?

Does the member believe that the Conservative government should be speaking out against these kinds of human rights abuses?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, again I would like to give the hon. member the very same answer that I gave earlier.

Specifically, Bill C-35 will allow victims of terrorism to seek redress of any loss or damages that have occurred or occur as a result of terrorist attacks committed anywhere in the world on or after January 1, 1985.

[Bob Rae, Liberal, Toronto Centre, ON]

Mr. Speaker, I will speak very briefly in the debate. I appreciate the opportunity to do so.

The subject matter of the bill before us is important. It reflects important developments in our political and legal life that deserve to be debated and better understood and certainly discussed widely in committee after second reading. I look forward to that discussion.

I want to echo the comments made by my friend, the hon. member for Ottawa Centre with respect to the importance of having a real discussion about some of the issues that have been raised with respect to the legislation.

I appreciated particularly the comments made by the member for Fleetwood—Port Kells. She made some important statements about the significance within Canada of our recognizing the impact that terrorism has had in Canada.

I had the privilege of being asked by the former government to review the circumstances underlying the bombing of Flight 182 and recommended a further inquiry. I had a chance to spend some time in her community as well as in a number of other constituencies across the country, meeting with members of the communities that had been touched and so devastated by that act of terrorist bombing.

As I said in my report, which called for a further inquiry and called for a recognition of June 23 as a date on which Canada should recognize the loss of life not only in the Air India bombing but also resulting from acts of terrorism around the world that have touched Canadians, in many respects we have failed as a country to take account of what took place on that tragic day. We have also failed to come to terms with the impact that this kind of terrorism has had on us and has had on a number of other countries around the world.

Since 1985 we have seen how tragic these issues are and how deeply they are shared by communities, peoples, cities and countries. It is precisely because governments have not always been able, for a variety of reasons, to respond effectively to the impact that these terrible bombings, these terrible attacks, these terrible events have on people that I was a very strong supporter of the Senate private member's bill that dealt with the question that is now before the House.

Because I was not a member of the House at the time it was being considered, I had a chance to appear before the Senate committee and give my support to the principles in the Senate bill.

The bill that is before us represents a step forward in the sense that it recognizes that there is a right that pertains to an individual to pursue a civil claim against a group and against a government that is sustaining that group which has in fact caused the loss of life or caused the impact or the damages of a terrorist act.

Terrorist acts are of course criminal. We know that. We also know that states and their ministries are very jealous of their own particular jurisdiction. I think it is fair to say that up until the present time, with very few exceptions, the issue of terrorism has been seen as an exclusively political issue that can be managed and dealt with only by states, by armies and by lawyers working for national governments and that citizens themselves, whose rights have been impacted and affected and whose lives in many cases have been devastated by the impact of a terrorist act, are effectively marginalized.

The bill represents a partial step forward. On one hand it recognizes that citizens have rights, but on the other hand, and my colleague from Mount Royal has already discussed this but I just wanted to add my thoughts to it, it creates this notion of a political list which would be crafted essentially by departments of foreign affairs and departments of justice. Effectively it takes away with one hand what it gives with the other.

I am very familiar with the kind of legal and political advice governments would be getting with respect to this, and I think we all understand why the government has decided to adopt the civil remedy portions of the private member's bill but to insist on the notion of a political list. I think that decision is mistaken, because its net effect will be to not give in substance the rights that people are being given in theory.

Second, regarding the comments made by several members on the other side about why this provision is in the bill, in my view it will have the opposite effect. Precisely because it will politicize the whole process, it will make the achievement of justice that much more difficult.

I want to turn my attention briefly to the comments made by other members with respect to the question of torture. I know my colleague from Mount Royal is going to be producing a private member's bill, which he has discussed with all of us on our side, aimed at applying clearer civil remedies with respect to torture and removing state immunity in that regard, something we see as an entirely positive and healthy extension of a rule of law and the rights of citizens. It has traditionally been in our national interest as a country to extend the rule of law as far as we can and to make sure that the notion of human rights is made real not only in international courts but in our own courts.

I hope the committee discussion will give us a chance to discuss whether there is a way of amending this legislation to meet those criteria or whether we should simply do so in a parallel process with a separate piece of legislation. I am certainly very open to a discussion with colleagues from all sides of the House with respect to this question. I cannot imagine a member of the House not believing that someone who is a victim of torture should have civil rights and civil remedies or that any government should be able to hide behind state immunity when it comes to the use of torture any more than they should be able to hide behind state immunity with respect to the sponsorship of terrorist organizations.

We are in agreement with the principles of the bill introduced by the government, but we still see a problem in the politicization of the proposed list of states that could be sued. We hope to be able to convince the government in a consensual manner of the importance of finding other solutions in order to reach a conclusion. I hope that will be the case.

As far as torture is concerned, we share the point of view that the concept of immunity for a state should not be used to give immunity to states that use torture against their citizens or Canadian citizens. We want to live in a world that respects human rights and we want human rights to be real.

I think that is how we will reach the best conclusions.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I actually do not find any disagreement in the comments of the member for Toronto Centre with my concerns about the bill.

Does he believe that if the concerns with the bill he has enumerated are not changed, it will really be possible to support the bill? I am talking about the list. There are some other things that need to be addressed, but I am of the opinion that the list has to go, and that is obviously at the front and centre of the concerns many have mentioned. However, if we cannot change it, is he of the opinion, as I am, that this is something that we probably could not support unless amendments were made to take that out of the bill?

[Bob Rae, Liberal, Toronto Centre, ON]

Mr. Speaker, after 30-plus years in politics, I have never heard a hypothetical question answered successfully, so I do not intend to start now. I would say to the hon. member that I have much more confidence, perhaps, than he does in his question with respect to our ability to persuade the government, perhaps even through something as simple as the force of numbers, that amendments are necessary.

It is my sense, too, from discussions with a number of groups that have been very actively involved, the survivors of 9/11 and the families of the victims of Air India, that there is a powerful sense that we want to ensure we get our legislation right in Canada.

I do want to say to members that I appreciate the leadership the government has shown in at least bringing the legislation forward. I am sorry, however, that it was not done in the way it was proposed by my colleague from Mount Royal, who has been a real leader on this issue, not only in this chamber but, indeed, internationally. However, I do think we can pass legislation that will set a standard, not only for Canada but for the rest of the world.

As we learn to take terrorism far more seriously as a country, we also need to learn to understand that the real impact of these acts of violence is felt by real people whose rights should not be eliminated for political reasons.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am pleased to speak today to Bill C-35, An Act to deter terrorism, and to amend the State Immunity Act.

As members of the House know, the bill was introduced on June 2 by the Minister of Public Safety. The bill would create a cause of action that would allow victims of terrorism to sue individuals, organizations and terrorist entities for loss or damage suffered as a result of acts or omissions punishable under part II.1 of the Criminal Code, which is the part of the code that deals with terrorism offences that have been committed by individuals, organizations or entities.

The bill would also allow victims of terrorism to sue foreign states that have supported terrorists who have committed such acts in certain circumstances. The victim's loss or damage can have occurred inside or outside Canada but must have occurred on or after January 1, 1985. If the loss or damage occurred outside Canada, there must be a real and substantial connection to this country.

Bill C-35 would also amend the State Immunity Act to create a new exception to state immunity, the general rule that prevents states from being sued in Canada's domestic courts.

However, the new exception serves to remove state immunity only when the state in question has been placed on a list established by cabinet on the basis that there is reasonable grounds to believe that it has supported or currently supports terrorism.

As we heard this morning through most of the debate, a lot of the dissension surrounds the whole question of whether or not it is proper to have this list included.

We know, through experience, that the Americans have had similar legislation in effect for at least 10 years. Critics of that legislation point to the fact that it is the list that causes the problems and makes the bill difficult to deal with.

On the basis of the conversations I have heard this morning, the excellent comments from at least two and maybe more Liberal speakers, it seems to me that at the end of the day there could develop a consensus on this bill surrounding this particular list. It seems to me that if we were to remove the list, then it would remove the impediments to supporting the bill at committee stage.

Another important component that we would look at adding at committee stage is the issue of torture.

The new exemption serves to remove cabinet immunity only when the state in question has been placed on the list established by cabinet and there must be reasonable grounds to believe that the state has supported or currently supports terrorism.

Bill C-35 is similar to a number of private member bills and Senate public bills that have been introduced in Parliament since 2005. The primary difference between the previous bills and Bill C-35 is that the other bills sought to include the cause of action in the Criminal Code, whereas Bill C-35 would create a free-standing civil cause of action.

In terms of the background and context of the bill, one of the most significant features of Bill C-35 is the fact that it would give victims of terrorist acts the ability to sue in Canada's domestic courts foreign states that support terrorism. Most states do not recognize sponsoring or supporting terrorism as the exception to the general state immunity principle. Customary international law historically gave states, their agents and instrumentalities complete immunity from being sued in the domestic courts of other states. This principle arose out of another international law, the sovereign equality of states.

I do know that we are getting a little bit short on time today and that I will have more time to continue with the debate on this bill when we resume, but I do want to specifically deal with the whole issue of the bill as it exists in the United States.

Once again, I really feel that the government should be looking at best practices. It should go anywhere in the world to find examples of where best practices exist. Where there is a piece of legislation that has shown to be effective and we can isolate and determine the reasons for it being effective, then we should simply use that case to improve our own.

As I indicated, in the United States, similar legislation has been in place for more than a decade and only listed countries can be sued, which is what this bill contemplates, with currently listed countries being Cuba, Iran, Syria, Sudan and North Korea. Iraq and Libya were originally listed but have since been delisted.

The common problem identified by the Congressional Research Service, and this can be documented, has been the refusal of defendants to recognize the jurisdiction of the American courts. Well, there is no surprise there. As such, the defendants do not appear and default judgments are rendered, which the debtor countries then ignore and refuse to pay.

So there is feel-good legislation where people in good faith launch lawsuits thinking they will get results but only get a default judgment against the rogue state that is on the list which then ignores the judgment or refuses to pay. They go on to say that even if people do get the judgment and the country refuses to pay, they cannot recover money anyway because there are very limited assets of the listed countries being held in the United States, and Canada would have far less percentage of assets to be looked at. Regardless of the limitation of assets—

[The Speaker, Liberal, Peter Milliken]

I am sorry to interrupt the hon. member but as he knows the time for debate on government orders today has come to an end. I assure him that he will have 12.5 minutes left in the time remaining for his remarks when this matter comes before the House the next time.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.