Mr. Speaker, I am happy to speak to Bill C-42 today. I would like to start with an analysis of the title: strengthening aviation security act. My question, given that this is how the government has entitled it, is how does this strengthen Canadian aviation security? How does it strengthen Canada? How does it strengthen the safety of Canadians going on such flights? My suggestion is that it does not in any way.
First of all, under the existing law we can already have airlines disclose the information of persons travelling on planes when they are landing in foreign countries. That is perfectly reasonable. Every sovereign state has the right to know who is coming into their country. I would expect no different for Canadians or any other country.
The government is now essentially trying to amend it so that if flights are going over a foreign jurisdiction, and let us be clear that we are talking about the United States and this is why we are having this discussion at all, if flights are going over the United States, even if they are not landing in the United States, private information on Canadians will have to be disclosed. How does it strengthen Canadians or in any way live up to the descriptive “strengthening aviation security act”? How does it strengthen aviation security for the benefit of Canadians to disclose this information when the flights are not landing in a foreign jurisdiction, period, and they are not landing in Canada? How is it even logical to say that this is strengthening protections for Canadians?
I would like to take a particular example in terms of our sovereignty. It is one thing to say in the circumstance of flights going over the United States and landing in some other foreign jurisdiction that information has to be disclosed. It does not strengthen anything for Canadians and it is still problematic, but that example needs to be compared specifically to the example of a flight leaving Toronto and landing in Vancouver. So if a flight goes over the United States to go from one Canadian jurisdiction to another Canadian jurisdiction, there are multiple concerns.
First of all, once again, how does this strengthen the safety of Canadians? It is not logical. It is not reasonable. It just makes no sense. Second, how is it that the Conservative government is willing to give up sovereignty, willing to give up privacy concerns, when there is a flight originating specifically, as this example indicates, in Toronto and landing in Vancouver and never landing in the United States? Please explain how that in any way strengthens the safety of Canadians.
Also, this is not even logical. How does that strengthen the safety of Americans?
Canadians need to know that the Conservatives are willing to give up our sovereignty. A flight from Toronto going to Vancouver never leaves the grasp of Canadian jurisdiction. At all times that flight will be governed by Canadian law. Those passengers will never get onto foreign soil. It is Canada--Canada, going over the United States, yet in those circumstances the Conservative government is willing to give up our sovereignty by giving private information about those passengers to a foreign government when those passengers will never set foot on foreign soil. How is that logical? It is not logical. We all know it is not logical.
The only thing that seems obvious is twofold. One, the Conservatives are not very good negotiators when it comes to foreign relations, and I will give a couple of examples that we have all been speaking about already. But two, for whatever reason, although they can be tough on Canadians and have no problem with not helping people through EI and various benefits, and when it comes to social and economic issues in Canada they have no problem being tough there, how can they not be tough when it comes to a foreign country, and particularly in this instance, the Americans? What are they afraid of?
We are a partner in Afghanistan. We are the Americans' largest trading partner. They trade 25% to one third, depending on the current statistics, to Canada. We trade 80% to the Americans. We are their largest exporter of oil and energy.
The Americans need us just as much as we need them. Why do we have to be afraid of them? If there is a reasonable request, as with any friend, we negotiate, we say yes and we work it out. However, when the request is not reasonable, we say no, we give our reasons and be respectful.
Once again, how does it strengthen and protect Americans to give information when the flights are going from Canada or to Canada or from Canada to a foreign jurisdiction? The only thing I can think of is perhaps, in addition to other concerns, the Americans do not trust the Conservative government, despite the fact that it has spent a lot of money, some people say billions, on screening mechanisms and other initiatives. Does that not work? It is not good enough? Does the government admit that they are not working, that the initiatives are broken, or that it has not spent enough money or it has not drafted legislation or regulations properly?
Why does this have to take place? Why do the Americans not trust the Conservative government to ensure that persons boarding Canadian flights will not be a risk? If the government's position is that the Americans should trust us, then, by definition and logically, its position should be they are overstepping their reach and we should simply say no in these circumstances.
On foreign affairs, I would like to know what specific negotiations have taken place between the Conservative government and the American officials on their request of Canada and Canadians. Why can the Conservative government not convince the Americans that the steps it has taken to increase airline security in Canada are good enough? Why does this private information need to be disclosed? Maybe the Americans cannot be convinced or maybe the steps are not good enough. It is the government's onus to tell us why the security measures in Canada are not good enough that we would need to then disclose to a foreign jurisdiction this private information. Frankly, Canadians deserve better.
We have the recent example of losing Camp Mirage. We have the case of the security council seat. When I was in my riding of Brampton West over the break week, I received a lot of calls from people who were both upset and embarrassed that we had lost that security council seat because of, as many commentators have written, the foreign policy of Canada was no longer Canadian. Our foreign policy is not what the world expects and has become used to, a progressive and involved one. What we have is a American republican foreign policy, which does not bode us well in the international scene.
In addition to the weakened sovereignty and to the fact that the amendment to the statute is not logical, we have other concerns.
At the transport committee on May 11, as has been mentioned earlier, the assistant privacy commissioner, Chantal Bernier, stated that, the United States would retain this information for as long as 7 days to 99 years. She also added:
—our understanding is that information collected can be disclosed and used for purposes other than aviation security, such as for law enforcement and immigration purposes.
Once the Americans have the information, they will use it for whatever they so choose.
Let us look at why this is a concern. What if the Americans decide they are providing information to other countries? Not all countries are equal, but the Americans are our good friends, and that is fine. However, what about other countries across the world to which Canadians would not want their personal information disclosed? What if we have Canadians who have been naturalized, who have come from foreign countries, who were refugees, who were persecuted, who were in some way hurt, whose families were hurt, who have families remaining in those countries that could be subject to blackmail or harm?
Once this information is out and the Americans have it and they choose to disclose it to a third country, Canadians could be at risk and for no logical or rational purpose. The fact that the Conservative government wishes to disclose this personal information in those circumstances could be harmful to Canadians who have come from other countries, specifically refugees who have been naturalized. This is a serious concern.
What about the precedent that this would create? The Americans are our good friends, but if we give them everything they want just because they ask—