An Act to amend the Criminal Code (suicide bombings)

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Status

In committee (House), as of Nov. 17, 2009
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to clarify that suicide bombings fall within the definition “terrorist activity”.

Similar bills

S-215 (40th Parliament, 3rd session) Law An Act to amend the Criminal Code (suicide bombings)
S-205 (40th Parliament, 1st session) An Act to amend the Criminal Code (suicide bombings)
S-210 (39th Parliament, 2nd session) An Act to amend the Criminal Code (suicide bombings)
S-206 (39th Parliament, 1st session) An Act to amend the Criminal Code (suicide bombings)
S-43 (38th Parliament, 1st session) An Act to amend the Criminal Code (suicide bombings)

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-205s:

S-205 (2025) Providing Alternatives to Isolation and Ensuring Oversight and Remedies in the Correctional System Act (Tona’s Law)
S-205 (2021) Law An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)
S-205 (2020) An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate)
S-205 (2019) An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:30 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to speak today to Bill S-215. The subject of the bill in various iterations has been with us now for the last five years, which is hard to believe. In 25 years of having been in elected positions provincially and federally, I have never run into a situation where there is all party agreement and unanimous support for a bill and yet after five years we are still debating it.

Only a few months ago, in June, when the issue of pardons came up dealing specifically with Karla Homolka, it took Parliament a day or two days to pass a bill at all stages. It is somewhat of a mystery that a bill that would be agreed to by every member and all parties in the House would still be at the stage it is after five years.

The member for Saskatoon—Rosetown—Biggar has had more than one occasion to introduce this legislation. I read with interest her comments regarding the bill. She pointed out that the bill's title is an act to amend the Criminal Code, which is identical to Bill S-205 that was passed in the Senate on June 10, 2009. It was debated at second reading in the House in November 2009 and was then referred to the Standing Committee on Justice and Human Rights on November 29 and died on the order paper in December when her own leader, the Prime Minister of the country, prorogued the House for the second time since 2008. That adds to the saga of this particular bill.

Senator Grafstein was one of the initial drivers behind this bill and a strong supporter. He has retired now but I believe he will be very pleased when this bill makes it through. I honestly believe this will be the last time we will be debating this bill and that it will actually make its way through the final procedures to become law, and none too soon, I might add.

The bill seeks to explicitly include the act of suicide bombing within the context of the Criminal Code definition of “terrorist activity”. Suicide bombings have resulted in terrible consequences to thousands of people over the years and shows the utmost contempt for human life. Suicide attacks are committed with the intention to kill and maim innocent people and inflict excessive property damage, with the attackers prepared to die in the process.

We have seen over the last number of years some very substantial damage caused by suicide attacks, such as the September 11 attacks on the World Trade Center in New York City in which 3,000 people lost their lives. Most of the suicide attacks over the years have dealt with smaller numbers of people dying. Nevertheless, each death is a very important discussion point because it causes untold misery for the families of the victims, as well as the families of the suicide bombers.

We should not kid ourselves. The people who are involved in these suicide bombings are, in many cases, poor people whose families are being paid and the people carrying out the bombings are, oftentimes, not willing participants but are doing it because it is a way of getting their families out of poverty.

Suicide attacks are becoming more common and statistics show that there are more happening now, not less. I will get into some of the history in a few minutes, but the fact is that this type of activity has been going on for literally hundreds of years.

In July 2005 there were the London bombings. In 2008 there were attacks in Mumbai, India. There have been bombings recently in Moscow and Afghanistan. Essentially populations that have absolutely nothing to do with the problem are being terrorized. How could a young child in a market in any way be blamed for issues that are going on in the world?

The definition of “terrorist activity” is currently in paragraph 83.01(b) of the Criminal Code. Bill S-215 seeks to amend section 83.01 of the code by adding the following after subsection (1.1):

(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition "terrorist activity" in subsection (1) if it satisfies the criteria of that paragraph.

The first part of the definition of “terrorist activity” incorporates in part criminal conduct as envisioned by the International Convention for the Suppression of Terrorist Bombings, one of the United Nations counter-terrorism conventions. Many speakers have pointed out that this particular legislation is supported by several former prime ministers of Canada and some well-known people in this country.

Distinguished Canadian criminal lawyers have told the Senate Standing Committee on Legal and Constitutional Affairs that explicitly covering suicide bombing in the Criminal Code could help to prosecute and punish the organizers, teachers and sponsors of suicide bombing. There were some observations and comments made in the past that this type of activity is already covered under the Criminal Code. It is a very important distinction to know that what we are trying to do here is to prosecute and punish the organizers, teachers and sponsors of suicide bombing. They are not the people who go out and blow themselves up and kill other people indiscriminately in the process. They are not the people who go out and do it. They are the ones who organize it. They are the ones who finance it. They are the ones who teach and brainwash the people who actually do it. They are the ones we want to prosecute, lock up and get off the street and away from doing what they are doing.

This legislation would be the first in the world. In many respects it would be a beacon to other countries to follow suit. We are dealing with an issue that has not been a big problem in Canada, but it certainly could be. It could develop that way over time. By doing this we are showing leadership as a Parliament to indicate to other countries what is possible, what should be done, where they should be moving.

By including suicide bombing in the definition it would also serve to denounce this horrendous practice. It would also educate the public and draw attention to the issue that suicide bombings are repugnant to Canadian values. In addition to passing the bill, we would be showing some international leadership by being the first nation in the world to adopt this reference in the legislative definition of “terrorist activity”. In that I see no downside.

I am very surprised that before I even get to the history of suicide bombings, my time for debate has almost run out. I am sure members would be very interested in knowing that as far back as the 17th century injured Dutch soldiers were fighting for control of Taiwan and in 1661, they used gunpowder to blow up themselves and their opponents rather than be taken prisoner. During the Belgian revolution a Dutch lieutenant detonated his own ship in the harbour at Antwerp to prevent being captured by the Belgians. A Prussian soldier died blowing up a hole in a Danish fortification in 1864. We see that this activity has a long, long history going back many years and did not start just in the last couple of years.

Criminal CodePrivate Members' Business

September 21st, 2010 / 5:30 p.m.


See context

Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

moved that Bill S-215, An Act to amend the Criminal Code (suicide bombings), be read the second time and referred to a committee.

Mr. Speaker, I am indeed pleased to rise and express the government's support for Bill S-215, An Act to amend the Criminal Code. This bill is identical to Bill S-205 which was passed by the other place on June 10, 2009 and debated at second reading in the House of Commons last November. Bill S-205 was then referred to the Standing Committee on Justice and Human Rights in November 2009, but died on the order paper in December.

Please allow me to provide an explanation of the contents of this bill for the benefit of all hon. members.

The bill seeks to explicitly include the act of suicide bombing within the context of the Criminal Code definition of “terrorist activity”.

Suicide bombing is a monstrous way to wreak havoc because it shows the utmost contempt for human life. Suicide attacks are committed with the intention to kill and maim innocent people and inflict extensive property damage with the attackers prepared to die in the process. The damage from a suicide attack can be devastating, as demonstrated by the September 11 attacks on the World Trade Centre in New York City, killing nearly 3,000 people.

It is also clear that suicide attacks are becoming an all too common terrorist tactic. The July 7, 2005 London bombings, the 2008 attacks in Mumbai, India, and the most recent bombings in Moscow, Dagestan and Afghanistan are part of a world trend of terrorizing ordinary people.

The definition of terrorist activity is currently defined in paragraph 83.01(1)(a) and (b) of the Criminal Code. Bill S-215 seeks to amend section 83.01 of the Code by adding the following after subsection (1.1):

(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.

To begin with, the first part of the definition of terrorist activity incorporates, in part, criminal conduct as envisaged by the International Convention for the Suppression of Terrorist Bombings; one of the United Nation's counter-terrorism conventions.

Further, the general definition of terrorist activity found in the second part of the definition includes terrorist activity which intentionally causes death or serious bodily harm or endangers a person's life. Thus, it could be argued that a suicide bombing committed for a terrorist purpose already falls within the definition.

While a general definition of terrorist activity, which encompasses suicide bombing, would be sufficient for the purposes of prosecution, distinguished Canadian criminal lawyers told the Senate Committee on Legal and Constitutional Affairs that explicitly covering suicide bombing in the Criminal Code can help prosecute and punish the organizers, teachers and sponsors of suicide bombing.

Explicitly including “suicide bombing” in the definition would also serve to denounce this horrendous practice and to educate the public that such suicide bombing is repugnant to Canadian values.

In addition, by passing this bill, Canada would show international leadership by likely being the first nation in the world to adopt this reference in its legislative definition of terrorist activity.

For these reasons, I agree that there are benefits in making an exclusive reference to suicide bombing in the definition of “terrorist activity”. However, it is also important in doing so not to adversely affect the current definition of terrorist activity. Fortunately, this bill has been drafted with precision in order to address this concern.

As mentioned earlier, the proposed amendment involves a “for greater certainty” clause that when added to 83.01 would state:

(1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.

The bill expressly states that it is only seeking to include within the definition a suicide bombing in circumstances that satisfy the criteria for terrorist activity as stated in the definition of a terrorist activity. In this way the wording of this provision ensures that any other type of suicide bombing with no connection to terrorist activity is not included in the definition.

To be clear, the proposed amendment is a definitional clause intended to make clear that suicide bombing is included in the definition of terrorist activity only when committed in the context of a terrorist act.

The amendment is designed to provide for maximum precision to make certain that suicide bombings unrelated to terrorist activity are not caught by the definition, by ensuring that it is not overly broad or vague but still fulfills its intended purpose.

The changes brought by this bill to the definition of terrorist activity would continue to give Canada the necessary tools to prosecute persons for terrorist suicide bombings, the suicide bomber himself or herself where there has been an unsuccessful suicide bombing, as well as persons involved in the preparation or counselling of the terrorism offence.

The bill also provides that it would come into force on a day to be fixed by order of the Governor in Council. This provision would allow for maximum flexibility and would provide the government with an opportunity to notify the provinces before the bill comes into force.

In my view, this bill merits support. It is pursuing a worthy aim. It is seeking to denounce an abhorrent practice, one that is becoming a scourge throughout the world.

This bill is precise and circumscribed in its application. Making the legislative amendment would show that Canada is taking a strong stand in denouncing suicide bombing in the context of terrorism.

This bill has a lengthy history. It was originally introduced as Bill S-43 on September 28, 2005; reintroduced as Bill S-206 on April 5, 2006; reintroduced yet again as Bill S-210 on October 17, 2007; and reintroduced a fourth time as Bill S-205 on November 20, 2008.

Previous versions of the bill all died on the order paper. The present version was introduced on March 24, 2010. It was reviewed by the Standing Senate Committee on Legal and Constitutional Affairs, reported without amendment, and passed without amendment.

The Toronto-based group called Canadians Against Suicide Bombing supported previous versions of this bill and created an online petition in favour of them.

Prominent Canadians who have supported previous versions of Bill S-215 include former Prime Ministers Kim Campbell, Jean Chrétien, and Joe Clark, as well as former NDP leader Ed Broadbent, former Chief Justice and Attorney General of Ontario Roy McMurtry, and Major General Lewis MacKenzie.

No other country is known to include suicide bombing specifically in its definition of terrorist activity. So Canada would be the first to signal to the rest of the world our abhorrence of these heinous and cowardly acts by adopting this bill.

The House of Commons has an incredible opportunity to be an example to the world. Bill S-215 promotes a worthy aim and I urge all members of the House to support it. By supporting and passing this bill we can ensure that anyone who organizes, teaches, or sponsors suicide bombing is criminally liable in Canada. The time has now come for the House to take action in support of this bill.