Bill S-215 (Historical)

An Act to amend the Criminal Code (suicide bombings)

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

The House resumed from September 21 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 Code

[Gerry Byrne, Liberal, Humber—St. Barbe—Baie Verte, NL]

Mr. Speaker, I am pleased to speak to Bill S-215. It is an amendment to the Criminal Code and a very important one.

The brevity of the bill is a reflection of its accuracy in addressing a particularly critical situation which is relatively new to us but of which we are painfully aware. The bill would amend the Criminal Code to clarify that suicide bombings fall within the definition of terrorist activity.

Not very many years ago suicide bombings were not something we would contemplate or even consider on North American soil, or in any first world democracy. Of course, they are very real and they are ever present as a threat against us.

Suicide bombings are a new tactic. They are a very real tactic and a very dangerous one. Not too long ago it would never have been considered that someone would cause self harm in inflicting a criminal activity to endanger or to harm others. In fact, our whole civil society is predicated on a belief of effective policing and effective enforcement, which is centred around the assumption that those who would commit a crime would take whatever steps are necessary not to impose harm upon themselves, just on others. However, suicide bombings have changed the rules on that. Because of the fanaticism which is implied by a suicide bomber, reasonable thought gets thrown out the window.

Now we have circumstances in which our safety and security and the very stability of the institutions around us are indeed threatened by this very, very real act that has been imposed and has caused such harm to others. Our objective is to prevent that, to minimize it and to take specific proactive actions to allow our justice system to deal with it in an effective way.

In essence, the bill reflects the growing need by law enforcement agencies and by the justice system to accurately target, label and prosecute what exactly is a suicide bomber. In so doing, by this legal change in terms of definition, inclusion of the term and supplied definitions, it would allow authorities to take certain actions based on statutes that are already in place.

Our terrorism provisions are very strong and robust, but they are very specific. This particular legislation allows for certain courses of action to be taken, by labelling, by actually targeting, by describing what this Parliament will not tolerate. We will actually enact legislation, amend legislation, to provide definition and accountability for suicide bombing and those who would perform that act, as has been pointed out by other members, to include in that set of legal mechanisms, provisions to actually stop the propagation through coaching, counselling and other measures. That seems to be a worthwhile activity for this Parliament to pursue.

I cannot begin to describe how victims of this horrendous tactic feel about this. Obviously they are very encouraged by the fact that Parliament is debating this legislation with the intention of adopting it, I assume, and that we recognize not only their pain and suffering, but as well that this Parliament needs to take specific action to deal with the issue in a proactive fashion.

I believe the crafters of this legislation from the other place did their job and did it well. The bill itself is extremely brief, but its brevity reflects its accuracy in dealing with the issue at hand. I think we can take full charge of the fact that as we debate this it would be very helpful to continue the debate around it. However, we have to be resolved in the notion that by defining this horrendous, almost insatiable, act of terror, we help to defeat it. By describing it within the confines of the Criminal Code, we do not allow any language to be used that glorifies it, that allows it to be portrayed in any other manner. It is a criminal act. That is an important step forward in providing some definition and context to this act.

As I said earlier, it was almost unheard of that someone would actually cause self-harm in order to impose harm upon others. If we look at all the systems of our society, we make general, broad assumptions that the car going down the highway in the other lane is not going to purposely and wilfully move into our lane as we move down that same highway, and cause harm to themselves in order to cause harm to us.

The rules have changed and that is a reality in terms of the enforcement. The vigilance of our safety and security is a reality that we face. There are those who are motivated for various reasons and feel as though they are accomplishing something, however horrific or morose, by harming themselves in the effort to harm others. That has to be dealt with in the context of the Criminal Code.

I support this legislation because it does, indeed, empower law enforcement agencies and our judicial system to deal with it effectively. Where it was not dealt with before because it was a vague issue which we had not encountered in many respects very often, the threat is ever present around us. It behooves us to deal with it and there have been pleas for us to deal with it in that kind of proactive fashion. I cannot see why any member would have an issue with this particular legislation on the basis that it seems to resolve a long-standing issue, a vacancy within the act that now is being filled.

I applaud the representatives in the other place in their efforts to bring forward this legislation after significant study in their own respects as to what exactly is required. Their accuracy in dealing with the matter is reflected in the bill because it does not touch on other areas. It deals strictly and solely with the issue at hand. That is very appropriate. It allows our discussions in this House to be very focused and concentrated on the issue at hand. The issue at hand is to provide proper definition and labelling to a very serious criminal activity, which is the act of suicide bombing.

We are blessed in this country that we do not face the actual manifestation of these circumstances, but it is ever present in our society. We are under constant vigilance and threat, but we do not buckle under that threat. We do not change our ways because of our need for vigilance. We encounter it. We take it head on and deal with it in a straightforward manner. I believe that is exactly what is required of us now. Failure to do so would be an admission that we have not done our work.

I applaud the drafters of the bill and hope the House passes it forthwith.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I am pleased to add my voice to the debate on Bill S-215. We have had the bill for some time, as was articulated earlier. In fact, the bill has had four other bill numbers in previous sessions and previous Parliaments even though it is a very short bill.

The bill is an amendment to the Criminal Code and it seeks to clarify that suicide bombings fall within the definition of a terrorist activity. That is ostensibly what it says. The bill itself is only a few lines long and it has been through the Senate process a number of times already. The last time it came out of the Senate was on May 11. It now has made its way to the House and we are starting again at second reading.

I must admit, in listening to the debate, that some interesting points have been raised. One point raised by the member from the Bloc was with regard to the French translation. He said that “attentats suicides” was not the literal interpretation for suicide bombing, that it was suicide attack. The question is whether in law that may have some impact on the application of the law depending on the jurisdiction that might be.

The member for Windsor—Tecumseh also had some interesting points about the possibilities that, as time goes on and the bill does not pass, it gets to the point where we need to ask the same questions again to find out whether there have been any developments or whether the bill can be enhanced even further to take into account the importance of the objectives of the bill in terms of its being passed into law in Canada and to take this lead role.

It is a bill that has received the support of, I believe, every speaker who has spoken to this, all six versions of the same bill. I believe that even now it is still uncertain whether everyone understands why the bill is happening. I looked back at some of the speeches that have been given. At least a dozen speeches have been given on this and a couple of the speeches raised some points that, were they to be on the record, would probably get carried forward.

The former member for Winnipeg North addressed the House on this. She first wanted to acknowledge and thank former Senator Grafstein who promoted and initiated the bill many years ago. I, too, would like to express my sincere thanks to the former senator. He brought a lot of wisdom to Parliament over the years and took great pride in his work.

After looking at the definition, the member said that suicide bombing was already there and wanted to know why we were putting it in. The member noted that if someone were to commit a suicide bombing how would we prosecute them. However, that is not the point. The point is worth repeating and it comes from Senator Grafstein in a speech he gave in February 2009. The way the senator articulated in his speech, he said:

Suicide bombing has become an all too frequent practice in many countries throughout the world. Thousands of civilians are killed and maimed to advance a cause based on falsely implanted expectations of glory and martyrdom. We say no cause can justify suicide bombing.

The senator went on to say that Bill S-215, which was formerly Bill S-206, “aims beyond those who strap explosive to their bodies”. This is not talking about the suicide bombers, but rather “where they can cause maximum pain, suffering, death and dismemberment”. This is the important aspect of it. He said:

It will help focus on those who promote terrorism by teaching, organizing and financing the killers in the name of ill-conceived ideology, distorted belief or abhorrent political conviction. The amendment will assist law enforcement agencies to pursue the individuals promoting this heinous act.

That is the essence and the substance. Bills have words and those words have to have meanings. It is not simply an amendment to the Criminal Code to make suicide bombing an element in the definition of a terrorist act. The process and the mechanics are one thing, but the objective of the bill is to have us represent our concern and abhorrence to that act. In fact enshrining it in our legislation is to secure its place so that if those matters should ever occur, no matter whether they are within Canada or around the world, others can draw upon the values that have been placed in our society for the protection of the public and the abhorrence of heinous tactics.

I spoke briefly on this bill about a year ago. One of the points I raised, and I made it in good faith, is that the bill has had at least five iterations. It has gone through the Senate five times. It has gone through this House to various extents. It is not being very helpful to the House, I would suggest, to have us continue to go through an extensive process.

A member had suggested previously that when the House has a strong consensus on a matter, it is not necessary to go through the full legislative process. There are tools and mechanisms to deal with this bill. There was an urging, and it is an urging that I made the last time I spoke to this legislation and it is being made again this time, for those who are interested in this bill and the representatives of each party to come together and say that they are comfortable at this point and that they want to accelerate the process.

It is appropriate when all parties agree. It is not something that has to be done during the debate on the bill. It can be done virtually any day we sit in the House, to fast-track the legislation and pass it at all stages. I would like simply to be on record as supporting the call that this bill not die yet again on prorogation, or dissolution of Parliament and an election, only to have this legislation come up again for a sixth time and go through both Houses. It does not make a lot of sense. Members know it is a distinct possibility; it has happened before and there is some concern about that.

I appreciate the member taking on the responsibility of sponsoring this bill, which was Senator Grafstein's. When he left, another senator picked it up and the member, for the second time, has sponsored it in this chamber. It is important. I think members will agree that we may miss the opportunity to have this bill actually come into law and be able to reap the benefits of playing a lead role in it. I am concerned about that as, I think, are most members.

I hope that we will take the necessary steps to ensure that Bill S-215 does become law this time around.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I am pleased to take part in this debate on Bill S-215, introduced by Senator Grafstein, who has since retired from the Senate. The bill would add suicide bombing as an offence in the Criminal Code.

Like my colleague who just spoke on behalf of the Conservative government, all Canadians have been witness to numerous suicide bombings that have been committed in many places around the world.

I would like to give some examples. In May of 2010, Colonel Geoff Parker was killed in a suicide car-bomb attack, which also killed 18 other people in Kabul. He was the highest ranking Canadian to be killed in Afghanistan since the mission began in 2001.

Furthermore, also in May of 2010, another suicide bombing was attempted near a Canadian military base, but the attempt failed. Last week, a suicide bomber killed 16 innocent civilians and injured about a hundred others in southern Russia. Suicide bomb attacks are becoming increasingly common as a terrorist act.

A study completed in 2005 by Scott Atran in the United States declared, “Suicide attack is the most virulent and horrifying form of terrorism in the world today. The mere rumour of an impending suicide attack can throw thousands of people into panic”.

His study also noted the massive rate in which suicide bombing worldwide has taken place. During the 1980s, there were five suicide attacks each year. In the 1990s, there were on average 16 attacks a year. Then, in the five-year period between 2000 and 2005, there were an average of 180 suicide bombing attacks in each of those years. Clearly, this is a global problem that keeps on growing.

Bill S-215 would add to the Criminal Code the act of suicide bombing as a type of terrorist activity. I will not go through the relevant clause in the Criminal Code, because this has already been done by my colleague on the Conservative side.

Although the current definition of “terrorist activity” does catch the act of a suicide bombing, it does not explicitly list “suicide bombing” within the definition of a terrorist activity.

As the justice critic for the official opposition, I am pleased to say that I support this bill and I recommend that my colleagues also support it. It is a Senate private member's bill, and now a House private member's bill, unlike another bill which was supposedly sponsored by an MP even though we know very well that it was really an official government policy. But I will not say anything more about that.

The bill further clarifies the Criminal Code. As the Liberal justice critic, I support it wholeheartedly.

It does not create new legislative provisions. It only reinforces the basic principle that Canadians abhor these types of acts.

Some would argue that a suicide bombing is an act that is already covered by the current definition of terrorism in the Criminal Code. That is true. However, we must not forget that one function of criminal law is also to represent Canadian society and values.

Including suicide bombing in the list of terrorist activities would clearly indicate to everyone that Canada is irrevocably opposed to this type of violence. It would let Canadians know that our country does not tolerate this type of violent behaviour and would unequivocally convey our position on this matter to the world.

The former Senator Grafstein championed this bill after much input from former Justice Reuben Bromstein, who is now the head of the organization called Canadians Against Suicide Bombing.

Justice Bromstein said that the bill, if passed into law, would:

—help build and strengthen the consensus in Canadian society on this issue; it will serve as a clear deterrent for those among us who might not be committed to this consensus; and it offers an opportunity for Canada to take the lead...to further international commitment [to outlaw suicide bombing].

As the colleague across the way mentioned, Canada would be the first country to include a specific reference to suicide bombing in its criminal law if the legislation is adopted, and I hope it will be.

Some have expressed concern that by including the words “suicide bombing” in the Criminal Code that would lead to absurd consequences. I can give an example. Some feel that the words “suicide bombing” are open to interpretation, which would make cases difficult for prosecutors.

However, today, we use many common definitions to describe acts. We use the words “hijacking” and “street racing” in some of our laws. If I refer back to Justice Bromstein who stated:

—the term “suicide bombing” is in common parlance....The term triggers an instantaneous response in your head. You do not have to describe it. People know what it means.

He also went on to say:

Passing the legislation would send a signal about our values domestically, that we are a mixed society and we cannot justify martyrdom to legitimize it.

The concern has been raised that including this expression in the Criminal Code will mean that acts not usually considered to be terrorist acts will fall into that category in future. For example, a suicide bomber who detonates an explosive in a vacant field will be labelled a terrorist.

When drafting the bill, care was taken to avoid expanding the definition of what constitutes a terrorist attack; the current definition was fine-tuned. Thus, someone who commits suicide by detonating a bomb on vacant land will not be covered by the definition of suicide bombing. His action shows that he did not intend to create other victims and it does not correspond to the original definition of what constitutes a terrorist activity.

Let us look at some stakeholder reaction.

The bill has the unwavering support of the RCMP, which believes that it will not hinder its investigations. The RCMP believes that the bill will be very useful.

Patrick Monahan, the dean of Osgoode Hall Law School, is also supportive of the legislation and has made a number of arguments on this. I will not be able to elucidate all of them, but let me cite one of them. He said:

First, Parliament, in my view, should adopt Bill S-210 because it would signal Canada's unequivocal condemnation of suicide bombing as the most virulent and horrifying form of terrorism in the world today.

Dean Monahan has made a number of other points, but I will stop here because it has been pointed out to me that my time is virtually up.

I strongly support the bill and I advocate for it. I call on each and every member of the House to support the bill. I call on my colleague opposite to seek the unanimous consent of all members of the House to see the bill adopted unanimously at all stages.

[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.

Procedure and House Affairs

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I have the honour to table, in both official languages, the 10th report of the Standing Committee on Procedure and House Affairs.

Pursuant to Standing Order 91.1(2), the Subcommittee on Private Members' Business met to study the order for the second reading of two Senator public bills: Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament)and Bill S-215, An Act to amend the Criminal Code (suicide bombings) and recommends that the items listed herein, which it has determined should not be designated non-votable, be considered by the House.

Criminal Code

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

moved that Bill S-215, An Act to amend the Criminal Code (suicide bombings) be read the first time.

(Motion agreed to and bill read the first time)

Message from the Senate

[The Acting Speaker, Conservative, Barry Devolin]

I have the honour to inform the House that a message has been received from the Senate informing the House that the Senate has passed the following public bill, to which the concurrence of the House is desired: Bill S-215, An Act to amend the Criminal Code (suicide bombings).

It being 5:44 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.