An Act to amend the Criminal Code (suicide bombings)

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

This bill was previously introduced in the 40th Parliament, 1st Session.

Status

Second reading (Senate), as of Nov. 20, 2008
(This bill did not become law.)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Criminal CodePrivate Members' Business

November 17th, 2009 / 5:55 p.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I appreciate the opportunity to speak in favour of Bill S-205. The bill introduces greater certainty into the Criminal Code by specifically including the term “suicide bombing” under the definition of terrorist activity.

Some may ask why I, as a member for Parliament for Abbotsford on the west coast, would take such an interest in the subject of suicide bombings. Abbotsford has not yet experienced terrorism first hand, although drug and gang related violence remains a very serious challenge to our city and to our region. However, the residents of Abbotsford do understand that terrorism, in all of its forms, does in fact threaten our way of life and the values we hold so dear, values such as freedom, democracy, human rights and the rule of law. We understand how pervasive the threat of terrorism is and how difficult it is to fight this scourge within our global community.

The most important responsibility that governments have is to protect their citizens. It is a public trust, a sacred trust that is imposed upon us as parliamentarians to protect Canadians. That is why our Conservative government has been so focused on addressing some of the holes in our criminal justice system.

Let me provide the House with at least three reasons why I am supporting Bill S-205.

First, this year I had the opportunity to travel with our Minister of Citizenship, Immigration and Multiculturalism to India. Abbotsford has a large number of residents who identify themselves as Indian and maintain strong relationships with the world's largest democracy. Among other things, the minister and I travelled to the city of Mumbai where we visited the Taj Hotel and Chabad House. Those familiar with the events of November of last year know that these two facilities were among the buildings that were attacked by terrorists, resulting in the loss of many innocent lives, including the lives of two Canadians.

Chabad House was a hostel and a trading centre for the Jewish diaspora. Essentially it was a place of respite for travellers and others seeking spiritual guidance. The terrorists who attacked the centre tortured and then ultimately executed a number of the residents of that facility, including a rabbi and his wife. Similar scenes of horror played out in other parts of Mumbai, and the reason for these horrific acts, a complete absence of respect for the dignity and value of human life.

I am very pleased that yesterday our Prime Minister visited Mumbai to pay his respects to the Canadians and others who lost their lives in the Mumbai terrorist attack. As always, Canada stands in solidarity with India and the other nations of the world that defend freedom, democracy and the rule of law.

In May of this year I also had the opportunity to visit Israel and to meet with Israeli parliamentarians in their Knesset. Israelis are deeply appreciative of Canada's outstanding leadership in consistently speaking out and acting against anti-Semitism. Sadly, many around the world still have not learned the lessons of history and continue to advocate hatred and genocide against others.

The Israeli MPs we met with also expressed their profound concern over the very real and ongoing threat that terrorism, including suicide bombings, represented to their country and to Jews and other minority groups around the world.

My experiences in both India and Israel have reinforced my commitment to speak out against extremism and intolerance of all kinds, and I do strongly support the bill.

The second reason I support the bill is the ongoing threat that terrorism and suicide bombings represent to the safety and security of the brave men and women of our armed forces. Canada has lost over 130 Canadian soldiers to the conflict in Afghanistan. Some were lost to combat. Some were actually lost to accidental events. Many of the deaths were the result of cowardly roadside bombings. On top of that, 11 soldiers and one Canadian diplomat lost their lives to suicide bombers in Afghanistan.

Suicide bombers represent a daily threat to our soldiers as the latter do their part to improve safety, security and human rights in Afghanistan. The voices of our fallen Canadians call out for us to do everything in our power to ensure that other Canadians, both here in Canada and abroad, do not meet a similar fate. Bill S-205 responds to that call.

The third and final reason for my interest in this bill is the impact that terrorism has had on Canada. Sadly, Canada is not immune to the ideology, extremism and hatred that motivates terrorists. We kid ourselves if we believe that terrorists are not interested in Canada. It would be a mistake to forget that 24 innocent Canadian lives were lost during the tragic events of 9/11.

Canadians also remember and continue to mourn the tragic loss of hundreds of lives in the Air India bombing, a terrorist act spawned right here in our own country. Moreover, not long ago, 18 alleged terrorists were arrested in Canada. Their plan was to attack political and other high-profile targets in our country, including our Prime Minister. A number of the accused have already been convicted or have pleaded guilty to conspiring to commit terrorist acts and have been sentenced to prison terms.

Does Canada face an ongoing threat from terrorism? It most certainly does. That is why any legislation, including this bill, which improves the clarity and severity of the criminal sanctions against terrorism deserves our support.

There are those who state that the current definition of terrorist activity contained in the Criminal Code already implicitly includes suicide bombing when it is committed in the context of terrorism.

That may be so. A closer look at the definition of terrorist activity in the Criminal Code appears to incorporate criminal conduct as envisaged by the United Nations counterterrorism conventions. The second part of the definition includes terrorist activity that intentionally causes death or serious bodily harm, or that endangers a person's life.

The bill before us simply clarifies, for greater certainty, that suicide bombing is indeed a terrorist activity. There is also one added benefit to this bill that has already been articulated by others in the House. By specifically including the term “suicide bombing” in our Criminal Code, Canadians will demonstrate international leadership by specifically denouncing such bombings as a form of terrorist activity.

There is significant support in Canada for this bill. I am pleased that all four parties in the House have indicated that they plan to endorse this bill. There is also a group in Canada called Canadians Against Suicide Bombing, a Toronto-based group led by a former judge. It has been a leader in developing support for this Senate bill. Indeed, this organization has been successful in circulating an online petition that is generating much additional support. Many other Canadians have also signed an open letter of support.

The terrorists who commit these heinous acts will use women and children. Apparently, they are now even using mentally disabled children to conduct their heinous acts of carrying out suicide bombings. Suicide bombers strike all over the world. They strike at Canadians, Israelis, Iranians, Pakistanis, Indians and Sri Lankans. They strike at any target in order to advance their destructive agenda.

I strongly endorse Bill S-205. Once again, Canada has an opportunity to demonstrate its strong international leadership in defending free and democratic nations around the world who abide by the rule of law. Denouncing suicide bombings is simply the right thing to do. It goes without saying that I encourage all members of the House to support this bill.

Criminal CodePrivate Members' Business

November 17th, 2009 / 6:05 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

The hon. member for Saskatoon—Rosetown—Biggar, with her five-minute right of reply.

Criminal CodePrivate Members' Business

November 17th, 2009 / 6:05 p.m.


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Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Speaker, I am pleased to sponsor Bill S-205 and to close off our discussions today during this second hour of debate before, I trust, it is sent to the justice committee.

I want to summarize my opening comments and those expressed during the debate. However, before I do so, I would like to recognize and thank Senator Grafstein for his dedication and hard work in bringing this bill to the House.

The bill, as amended, is not overly broad or vague but still fulfills its intended purpose. The proposed amendment is designed to provide for maximum precision regarding what forms of suicide bombing are included in the definition of terrorist activity, and makes certain that suicide bombings unrelated to terrorist activity are not caught by the definition.

The definition of terrorist activity in section 83.01 of the Criminal Code has two components. The first incorporates a series of offences enacted to implement international legal instruments against terrorism.

The second, more general, stand-alone component states that a terrorist activity is “an act or omission” undertaken “in whole or in part for a political, religious or ideological purpose, objective or cause” intended to intimidate the public or compel a person, government or organization “to do or to refrain from doing any act”, if the act or omission intentionally causes a specified serious harm.

Specified harms include causing death or serious bodily harm, endangering life, causing a serious risk to health or safety, causing substantial property damage where it would also cause one of the above listed harms and, in certain circumstances, causing serious interference or disruption of an essential service, facility or system, whether public or private.

Suicide attacks are intended to kill and maim innocent people and to inflict extensive property damage. Attackers are prepared to die in the process. Anyone who reads a newspaper, listens to the radio or watches television knows that suicide bombings occur on an alarmingly regular basis.

We all remember the attacks of September 11, 2001 that killed nearly 3,000 people in the World Trade Center in New York City. We also remember the July 7, 2007 London bombings and, as was mentioned, the 2008 attacks in Mumbai, India.

Bill S-205 is crafted to ensure the utmost precision about what forms of suicide bombing are included in the definition of terrorist activity.

No other country is known to refer specifically to suicide bombing in its definition of terrorism and terrorist activity, so Canada would be the first to signal its abhorrence of these cowardly acts by adopting such a reference in its legislative definition of terrorist activity.

Members of the House have a unique opportunity to be an example to the world. By passing Bill S-205, a made-in-Canada initiative to cover suicide bombing explicitly and to ensure that anyone who organizes, teaches or sponsors suicide bombing is criminally liable in Canada, you would be promoting a worthy aim.

Accordingly, I wish all hon. members in this chamber the fortitude to do the right thing and to pass this bill.

Criminal CodePrivate Members' Business

November 17th, 2009 / 6:10 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

November 17th, 2009 / 6:10 p.m.


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Some hon. members

Agreed.

Criminal CodePrivate Members' Business

November 17th, 2009 / 6:10 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

I declare the motion carried.

Accordingly the bill stands referred to the Standing Committee on Justice and Human Rights.

(Motion agreed to, bill read the second time and referred to a committee)