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”.

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 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.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the member is quite right. She has well expressed what the bill is. Members and the public should know that this particular bill occupies about 10 sentences in total, as an amendment to the Criminal Code. Bills S-205, S-206, S-210, and S-215 were iterations of this same bill, the same debate that has come time and again. It is as a result of things like prorogation. The member knows that the last time we did this, we all agreed that this was an important bill. The senator was sitting in the gallery. He was retiring and we wanted to get it through the House so that it could get royal assent and be proclaimed.

If the member is so consistently supportive, and the House is so consistently supportive, why is it that we have continued to have these delays and frustrations, and have not had the necessary co-operation? I am going to ask the member directly. Will she seek the support of other parties to be able to allow this bill to pass this time, so that we are not here again in another Parliament debating the same 12 sentences?

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

Mr. Speaker, I would like to reflect upon an experience that I had this past summer, when I had an opportunity to visit two sites that were devastated by suicide bombings: ground zero, and the Dolphin disco in Tel Aviv. At the Dolphin disco, 21 people were killed and 120 wounded when a suicide bomber blew himself up while standing in line. The explosive charge contained a large number of metal objects, including balls and screws specifically designed to increase the extent of injuries.

While we are familiar with the events, one cannot begin to explain the effects of standing at those sites, seeing the devastation, hearing the stories, and coming to understand the impact that these and many other tragic events have had on their communities, their cities, and their countries.

This is why I am here today introducing this debate for a second time; I am committed to doing whatever I can to ensure that this bill passes.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I know of no other Parliament or government that has passed this type of legislation. I heard some rumours that other governments were considering doing it, rumours of pending legislation. I just wonder if my colleague from the Conservative Party would be able to indicate whether she is aware of any others that are pending at this point.

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

Mr. Speaker, I am not aware of any other country that has put forward any kind of amendment or plan to address suicide bombing in its legislation. That is why it is really important for us as a nation to seek to include this clarification as the first nation to designate suicide bombing as a terrorist act. It will demonstrate that Canada is a leader in condemning suicide attacks.

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

Mr. Speaker, I commend my colleague from the Conservative Party and I would like to repeat the question asked by my colleague from my own party.

When the member says that she will do whatever she can to see that this bill is passed, will she actively seek the consent of all of the parties to see this bill adopted at all stages by unanimous consent?

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

Mr. Speaker, I believe I answered the question already. I will do everything I can to ensure that this bill is passed.

[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.

[Serge Ménard, Bloc, Marc-Aurèle-Fortin, QC]

Mr. Speaker, this could be the shortest speech I have ever made.

It seems clear to me that this bill should be passed quickly. It should have been passed in 2005. There is one restriction that we should examine, and that is the opinion of the Barreau du Québec, which has already written to the Senate, although the Senate did not feel the need to consider this opinion.

The Barreau du Québec pointed out that the French version of the bill uses the term “attentat suicide”, while the English version uses the term “suicide bombing”. There is a difference. Generally, when legislation has different effects on the guilt of someone accused of a crime, jurisprudence dictates that the less serious provision applies, the provision that would have fewer consequences for the accused.

We should perhaps look into this. I will admit that “attentat suicide” and “suicide bombing” can have different meanings, but I would not be able to say which one is less serious. I think that really depends on the circumstances. It would be a good thing if the committee could study this issue that the Senate seemed to want to avoid.

All members of my party, the Bloc Québécois, will vote in favour of this bill. This is one of many bills that we have supported for a long time, but for various reasons, the government has seen fit not to introduce them, and has then accused the opposition of delaying passage of its bills.

That tactic is well known to those on the other side of the House. The Conservatives' main concern when introducing Criminal Code amendments is not whether the amendments can have a positive impact on legislation as a whole, but whether the party can benefit politically by passing itself off as the only party that is tough on crime and wants to do something about it.

We often hear Conservative ministers say that while they are in favour of punishing criminals, the opposition is defending criminals' interests. That is not even an exaggeration; it is simply not true. They need to understand that in a democracy there are people who stand up for individual rights and who feel it is important to follow correct procedures in criminal law. It is not about defending the rights of the accused or of criminals. Quite the opposite. It is about defending the rights of any citizen who might one day face criminal charges.

Let us look at the bill itself. Like many others, I think that if there were suicide bombings in Canada, there would need to be proof that someone helped plan them. If a suicide bombing is successful, then the outcome for the person who committed it is clear. Here we do not convict people post mortem, as was previously the case in other jurisdictions. However, here, the definition is important when it comes to punishing those who prepare or contribute to the plot, who threaten to commit suicide bombing, who are accomplices after the fact and who encourage the perpetration of suicide bombing. These are punishable acts. It has to be clear in the legislation that these offences have to be prosecuted.

This is an improvement to the legislation. I wonder why, for something so simple that was first presented in 2005, we are discussing this issue here five years later? How is it that a government that has been in power all this time still has not introduced a bill that all members unanimously agree should be adopted?

This same government keeps blaming the opposition for holding up the government's legislative agenda and for defending the rights of criminals. The government claims to be defending the rights of honest people, as we often hear in their propaganda, but people will see that the government is responsible for slowing down anti-terrorist provisions so they can take up to five years to reach Parliament.

What more can I say? Obviously the Bloc Québécois agrees with these provisions. However, I do think there needs to be some thought given to reconciling the French and English wording.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I rise in support of the bill, as does my entire caucus support the bill.

We have heard arguments and I want to address those. We have heard that the bill is not necessary in that there are a number of other sections in the Criminal Code that would prohibit suicide bombings and that that should be sufficient. We do not need to address it. I think that is part of the reason that we have not seen legislation in other jurisdictions of similar backgrounds as Canada's.

However, that argument misses an essential point of why we should pass the bill. The use of criminal law is not just for the purposes of creating a crime and providing a penalty for breach if conduct amounts to that crime. Criminal law generally also has a role to play in expressing society's condemnation and denunciation of that particular conduct. That is why the bill is so important that in fact suicide bombing be included in the Criminal Code as a specific offence.

As a lawyer who has practised law for a long time and as the justice critic for a number of years, one of the reasons I would like to see the bill go to committee is to see if there are some additional provisions in terms of giving our prosecutors in particular tools that would help them in prosecuting should they be confronted with this kind of criminal conduct. I must say that I am skeptical that in fact that is the case but I would like to hear that at committee.

The other reason I would like this matter to go to committee is that there is an educational value in debating this legislation. Our committee structure within our parliamentary system is certainly one of the ways of doing that.

Part of what might come out at that point would, which I did not see come out in the Senate hearings, is that we need to look at the history of this kind of criminal conduct. It is not new to the 1980s, 1990s and 2000 period. It was quite a common criminal conduct device used by the anarchists, as they were described at that time, starting in the early 1900s right through until the 1930s. In fact, during that period of time we had various pieces of legislation passed in response to that conduct. However, bombings, including suicide bombings, not exclusively but including suicide bombings, were quite common. They were very common in Russia prior to the revolution in 1917. They were fairly common throughout western Europe during that same period of time with democratically elected governments being oftentimes the targets and royal families more commonly being the targets by anarchists.

They were fairly regular in the United States at that time. I am not aware of any in Canada but they were fairly common in the United States, but less so than what we saw in Europe. There was a response by our legislatures at that time. The historical material that I have read suggests that the response was not very effective but that eventually they stopped into the 1930s.

We now see them coming back. It is interesting because most people think of the suicide bombers in the Middle East, whether it be in Palestine, in Iraq, in some of the Middle Eastern countries. The reality is that they started back in Sri Lanka. The Tamil Tigers and the leader of the Tamil Tigers initiated the use of suicide bombings in the modern era, if I can put it that way. They were used very commonly. Then we saw them spread, particularly into the Middle East, but, again, they are quite common in a number of countries in Asia. However, they have generally been restricted to that area of the world. We can think of some notable exceptions but they have generally been restricted to that area of the world.

Part of the reason I support this legislation is that whether it was the anarchist who justified the use of suicide bombings on an ideological philosophical basis as a way of undermining the capitalist societies and the democracies as they saw it at that time or whether it is, as is more common today, being based on religious arguments, we as a legislature must say that whatever the argument is and whatever the fanaticism is that the argument is based on, we condemn that. There is no justification, philosophically, religiously or on any other basis, for this type of criminal conduct. The results have been seen in so many horrendous scenarios with huge losses of life.

I believe that kind of information needs to come out in more detail than I have been able to give today. It is important for us to hear that this legislation will be useful but, more important, we need to understand those people who counsel and advocate suicide bombings. I think that may be one of the advantages that we will get out of this. These people, interestingly, never perform the bombings themselves. Those who do that kind of work are basically cowards. Oftentimes they will find people who are of limited intelligence, have mental health problems or who are so fanatical, whether it be on an ideological basis or a religious basis, that they do not think clearly and can be manipulated into sacrificing themselves.

I can remember being at events where people have talked about this conduct as being a form of martyrdom. We have to condemn that. It is not that. This is purely a criminal act resulting in injury and so often in death. That is the way it has to be portrayed.

I am quite satisfied to support this bill, even though I recognize that it may not in any way increase our ability to fight this kind of conduct in the courts, and I am leaning toward believing that, but in the court of public opinion, it will be the first time a government and a legislature has done this. It will provide leadership, hopefully, for other democratic governments to follow suit. Perhaps there are ways of strengthening this bill.

I am quite supportive of the bill going to the justice committee to be dealt with as expeditiously as possible. If there are amendments that will improve it, I am assuming everybody in the House and everybody on that committee would support those amendments and would get it back here quickly to get it passed, have it completed and on our books both for the message that it sends to the perpetrators of these types of crimes and to the rest of the world. This will say that this is leadership, that this is a way of denouncing this type of conduct and that everyone should be looking at doing the same.

[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.

[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.

[The Deputy Speaker, Andrew Scheer]

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

[Charlie Angus, NDP, Timmins—James Bay, ON]

moved for leave to introduce Bill C-580, An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns).

Mr. Speaker, I am very pleased to rise in the House of Commons, representing the people of Timmins—James Bay, seconded by my colleague from Nickel Belt, and representatives of the rural caucus of the New Democratic Party, to introduce a bill that we feel will finally end the poisonous, divisive politics around gun policy in this country.

Specifically, the bill lays out a way to start moving forward with gun policy that respects the cultural rights of rural citizens. It ensures that rural citizens are not left to feel like criminals and it contains audit processes to ensure that Canadians are getting accountability for the dollars that are being spent. But also, and this is very important, we need to have gun policy in this country that ensures that guns are not able to get into the country and end up on the black market, guns that should never be classified as sports hunting guns, which are now getting in through some of the loopholes in the system, a gun such as the Ruger Mini-14. That is not something that a legitimate duck hunter or farmer would need.

We feel that unless we come together as parliamentarians to address gun policy in this country, we will continue to leave citizens at risk while creating further and further frustration in rural Canada.

We are very proud to present the bill. We are interested in working with our colleagues. This is the beginning, I believe, of a long-term consultation to move us off the politics of fear and move us towards the politics of developing good gun policy that respects Canadians and ensures that we have a progressive policy for guns in this country.

(Motions deemed adopted, bill read the first time and printed)

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.