An Act to amend the Criminal Code (suicide bombings)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Status

This bill has received Royal Assent and is now 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”.

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

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


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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.

The House resumed consideration of the motion that Bill S-215, An Act to amend the Criminal Code (suicide bombings), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:40 p.m.


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Conservative

Lois Brown Conservative Newmarket—Aurora, ON

Mr. Speaker, I am pleased to speak in support of Bill S-215 and I am very pleased to hear that the hon. member from the NDP will support it as well.

The bill proposes to specifically include suicide bombing in the definition of terrorist activity in the Criminal Code. The bill would add a “for greater certainty” clause after subsection 83.01(1.1) of the Criminal Code, which would specify that suicide bombing would come within paragraphs (a) and (b) of the definition of terrorist activity when committed in the context of a terrorist activity.

The 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. It was reviewed by the Standing Senate Committee on Legal and Constitutional Affairs, reported without amendment and passed without amendment.

I recognize that the current definition of terrorist activity contained in the Criminal Code already implicitly encompasses suicide bombing when committed in the context of terrorism. If we look at the definition of terrorist activity in section 83.01(1) of the code, we see that it incorporates criminal conduct as envisaged by the International Convention for the Suppression of Terrorist Bombings, one of the United Nations' counterterrorism conventions, while the second part of the definition includes terrorist activity, which intentionally causes death or serious bodily harm or endangers a person's life.

It is also true, however, that the words suicide bombing are not expressly mentioned in the present definition of terrorist activity, and there is considerable support for the specific criminalization of suicide bombing as part of the terrorist activity definition in the code.

Canadians Against Suicide Bombing, a Toronto-based group led by a former judge, has been particularly supportive of the objectives behind Bill S-215 and it established an online petition in support of the bill. Many prominent Canadians from all walks of life have also signed an open letter of support.

In my view, this bill merits support. The bill would come into force on the day to be fixed by order of the Governor-in-Council, thereby providing an opportunity for any needed preparation time to facilitate its implementation.

No other country is known to refer specifically to suicide bombing in its definition of terrorism and terrorist activity. Therefore, 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. Suicide attacks are intended to kill and maim innocent people and inflict extensive property damage. As the hon. member who spoke just before me said, it is the innocent people for whom we are most concerned, the innocent lives of men, women and particularly children who are affected.

Attackers are often prepared to die in the process. We all know about 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 the 2008 attacks in Mumbai, India. Anyone who reads a newspaper, listens to the radio or watches television knows that suicide bombings occur on an alarmingly regular basis.

Bill S-215 gives Canada the opportunity to show international leadership by specifically denouncing suicide bombing and expressly prescribing suicide bombing as a type of criminal activity.

I invite all members in the House to support this bill.

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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The Acting Speaker Barry Devolin

Is the House ready for the question?

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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Some hon. members

Question.

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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The Acting Speaker Barry Devolin

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

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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Some hon. members

Agreed.

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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The Acting Speaker 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)

Criminal CodePrivate Members' Business

October 8th, 2010 / 1:45 p.m.


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The Acting Speaker Barry Devolin

It being 1:47 p.m., the House stands adjourned until Monday, October 18, at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 1:47 p.m.)