Bill S-7 (Historical)

Combating Terrorism Act

An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act

This enactment replaces sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing for the purpose of gathering information for an investigation of a terrorism offence and to allow for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. In addition, the enactment provides for those sections to cease to have effect or for the possible extension of their operation. The enactment also provides that the Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness include in their respective annual reports their opinion on whether those sections should be extended. It also amends the Criminal Code to create offences of leaving or attempting to leave Canada to commit certain terrorism offences.
The enactment also amends the Canada Evidence Act to allow the Federal Court to order that applications to it with respect to the disclosure of sensitive or potentially injurious information be made public and to allow it to order that hearings related to those applications be heard in private. In addition, the enactment provides for the annual reporting on the operation of the provisions of that Act that relate to the issuance of certificates and fiats.
The enactment also amends the Security of Information Act to increase, in certain cases, the maximum penalty for harbouring a person who committed an offence under that Act.
Lastly, it makes technical amendments in response to a parliamentary review of these Acts.

Combating Terrorism Act

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I heard my Liberal colleague tell the House that he will support Bill S-7. I would have liked to hear him talk about the threat this bill represents to the fundamental rights and freedoms of Canadians. The Liberal Party brags about supporting and upholding these types of principles, but this is not evident in their actions and in their support for Bill S-7.

Will we move forward with any bill that could be useful, even if it threatens the rights and freedoms of Canadians? Why rush through the study of this bill?

Experts and the NDP agree that there are still some serious doubts about this bill. We must examine these concerns seriously before we move forward with such a bill.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member, in concluding her remarks, made reference to the fact that the NDP would like to support effective tools.

At the hearing stage of Bill S-7, it was made very clear by a number of a law enforcement officers and experts that the bill itself, in principle, would provide yet another tool. This came from experts and law enforcement officers talking about something they believe would assist them in the future in combatting terrorism.

Canada has been very fortunate in that we have not been subject to acts of terrorism to the same degree as other nations. That does not necessarily mean that we should not be progressively looking at how we can enhance our law enforcement abilities in the future, in terms of combatting it.

Given that we have expert and law enforcement officers saying that this is a tool that they would like to have, why would the NDP want to deny them that, given that there are checks in place to protect individuals rights and freedoms?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I want to explore a little more the comments from the NDP that we do not need Bill S-7, that somehow all of the measures are already covered here.

We do have clauses in the bill that would cover new offences of leaving Canada or attempting to leave Canada for the purpose of committing a terrorism offence or an offence that would be created under proposed amendments. These new offences would be aimed at deterring persons who could be planning to receive terrorist training or engage in other terrorist activities abroad.

In light of the fact that two men from London, Ontario, have recently been identified as being involved in the gas plant attack in Algeria, which is of significant concern to residents of my riding, a lot of whom travel to various countries to work in the oil and gas industry, how can the NDP say that there is nothing new in the bill when, clearly, it would target people and would have a very high threshold, which is, the intent to commit an offence in this regard?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Perhaps my speech is not very interesting to all the members of this House, but I would like to be allowed to finish, just the same. I thank the minister for leaving the House so I can continue with my speech.

As I was saying, the NDP did not simply stop at the fact that we had doubts about the bill before deciding to block it. The NDP members on the Standing Committee on Public Safety and National Security did a great deal of serious work, proposing nearly 18 amendments for debate, in order to try to improve the bill and ensure that it was not a threat to Canadians’ rights and liberties.

The members of the House can probably guess what happened: the 18 amendments were defeated for a number of different reasons without any counter-proposals being made to try to improve the amendments or respond to the concerns of the opposition parties. Just to support what I said a little earlier, I would like to give you two amendments as examples.

First, one of the amendments dealt with the addition of a comprehensive review of the implementation of the Arar Commission recommendations by the government in terms of accountability and oversight mechanisms, with particular attention to inter-agency activities and oversight.

Bill S-7 proposes granting discretionary powers. Someone could be imprisoned for a few days or a few months without being charged. It is cause for concern.

The NDP wanted to use amendments such as the one I mentioned to ensure that peoples' fundamental rights and freedoms would be respected. That amendment was not accepted.

Another amendment would have included the Canadian Human Rights Commission's opinion on questions about racial profiling and discrimination with respect to Bill S-7.

On that topic, I would like to talk about a church in my riding called the Church of God. Recently, I met some of its members: spirited seniors, parents and youth who spoke to me about several challenges. They spoke to me about profiling and their concerns, as well as about experiences their friends or loved ones have had with profiling. It affects the black community on Montreal's West Island, for one.

I want to echo their comments and let them know that I hear them. If the NDP feels that the discretionary powers set out in a bill could be used for racial profiling and discrimination, we will take a stand and make absolutely sure that every bill introduced in the House takes into consideration the concerns of those in the black community, such as the members of the Church of God.

I will continue by paraphrasing what one of my Conservative colleagues said today in the House about Bill S-7. She said that she was disappointed by the NDP's position and that someday the NDP would have to come to realize that a lot of work went into Bill S-7 in committee. She also said that the NDP needed to acknowledge all of the witnesses who were heard and who support Bill S-7. That is what she was trying to say.

I hate to have to contradict her, but a number of witnesses had concerns and did not agree with Bill S-7 as we are seeing it here in the House today.

I would like to quote two witnesses who appeared before the committee. First, I will quote Ms. Cheung, counsel for the British Columbia Civil Liberties Association:

...we urge the committee to refrain from further expanding the powers of our national security agencies until appropriate and effective accountability and review mechanisms have been established.

This is not someone who simply does not agree. This is someone who has made suggestions and is urging us to put in place mechanisms to guarantee the rights and freedoms of Canadians, if that is the direction the government is taking.

According to Paul Calarco, member of the National Criminal Justice Section, Canadian Bar Association:

There is no question that the prevention of terrorist action is vital to preserving our society. This requires effective legislation, but also legislation that respects the traditions of our democracy. Unfortunately, this bill fails to achieve either goal.

In other words, the NDP is not alone in saying that we should wait and that we should perhaps be concerned.

The experts agree with us. They also believe that this bill, in its current form, poses risks and is not an effective measure.

I will close by repeating that the NDP and I are convinced that the fight against terrorism warrants special and serious consideration. We all agree on that in the House. However, at issue is the way in which we fight terrorism.

We believe that Bill S-7 is not appropriate because it poses threats to the fundamental rights and freedoms that Canadians cherish. We our proud of our rights and freedoms, and we must ensure that they are not threatened.

Are we supporting terrorism by voting against this bill? Of course not. It is completely ridiculous to say so.

We have to consider that, in the house, we all want to provide useful and significant tools to fight terrorism. Unfortunately, Bill S-7 is not one of them.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I will begin by saying that I will be sharing my speaking time.

Today, we are debating Bill S-7. Before beginning, I would like to wish everyone a very happy Earth Day. To mark the occasion, I was in Montreal yesterday, with 15,000 or 20,000 Montrealers who were marching together for the environment. It was a wonderful event, and I am happy to have been part of it.

The second announcement I want to make relates to the speech I am about to make. Today there have been arrests, crimes have been prevented, and I would like to take a few moments to congratulate the RCMP and the police on their important work.

Let us come back to Bill S-7, which is certainly connected with today’s events and with the tragic events that occurred in Boston last week, as the Conservatives take so much delight in saying.

We have before us a bill at third reading, and we have good reason to believe it may threaten the fundamental rights and freedoms of Canadians. The NDP believes it is important that we pay serious attention to it.

There is disagreement about Bill S-7, and the Conservatives have presented no analysis or evidence or studies to prove that the measures set out in this bill are necessary, useful or appropriate. There are many measures in effect already that allow us to take action against terrorism or any other crime, and they have been used on many occasions.

Are the provisions set out in Bill S-7 necessary and appropriate? Is it really going to provide the additional tools needed for combating terrorism? We have serious doubts in that regard.

If that were all the debate was about, it might take a very different direction. What concerns us is not only that we are not sure the bill will have an impact and be useful, but also that we have serious reasons for thinking it will jeopardize Canadians’ fundamental rights and freedoms, and therein lies the rub. Are we really going to agree to jeopardize fundamental rights and freedoms for a bill that may be neither useful nor effective?

The NDP wants the concerns that were raised to be addressed before moving on, no matter which bill is being considered. No matter the reasons for a bill or the good intentions behind it, as soon as a bill threatens fundamental rights and liberties, we must call a halt to the proceedings and make sure that the bill does not jeopardize the rights of Canadians.

This is where we come in, and this is why unfortunately the NDP cannot support Bill S-7 as it reads today, with all its flaws and all the doubts that still remain about the terms that I mentioned earlier. Even though the NDP had doubts and reservations about this bill, we still kept going. The NDP did not only say we had doubts.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I have to stand up and ask a question. The hon. member for York South—Weston quoted former Prime Minister Diefenbaker. The debate going on here, particularly between the NDP and Liberals, reminds me of an old Diefenbaker quote, which was that the Liberal Party—now we can use the NDP members as the opposition—is much like a UFO in that no one really understands it, and it is rarely seen in the same place twice.

Our debate today acknowledges that. The NDP caucus was up talking about our federal Canadian Forces, firefighters and service people. In fact, the member for British Columbia Southern Interior, in his remarks, wanted to thank law enforcement for foiling the VIA Rail plot today. Yet his central concern with Bill S-7 is that it would be used “inappropriately”. Are opposition members saying that they fear that our federal law enforcement officials and the folks investigating these same plots they are thanking them for foiling today would not use it appropriately?

I would like him to answer that please.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I congratulate my colleague on his excellent speech.

I would like him to talk to us about the fact that police forces announced today that they were able to track down some people who could have committed terrorist acts and were in fact about to do so. We may not have very much information about this yet, but clearly Bill S-7 was not needed in order to take action to fight terrorism in Canada.

The RCMP and other police forces are working hard across the country at all times to help Canadians and to ensure our safety. I wonder if my colleague could expand on that.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, this is an interesting debate. I have been listening to a lot of the arguments that have been flowing around this place.

As a preamble to what I am going to say, it seems to me that we have another bill before us that we probably do not really need. The impression I am getting, via the events of today and the events that have happened in the past few years, is that we have sufficient means and sufficient legislation to work for the safety of our country.

The intent of the original Anti-terrorism Act was to update Canadian law to meet international standards, such as meeting the requirements of the United Nations, and as legislative reaction to 9/11. All the provisions of this act, except for the investigative hearings and the recognizance with conditions, remain law today.

The sunset clause was attached to the original bill because serious concern was expressed during the 2001 law-making process that these measures were largely unprecedented in Canadian law and could easily be used inappropriately.

What I find interesting is that, upon review of this legislation that was passed as a reaction to a specific event and in a state of panic, we have learned that there was in fact no need for that legislation.

As of the day of their sunset, a number of investigative hearings have been held. There were no instances when recognizance with conditions was required.

It is unfortunate that the mandated parliamentary reviews of legislation made a number of recommendations that were not incorporated into Bill S-7. It is my understanding that the NDP proposed 18 amendments. It is not unlike what happened to us on the food safety bill. We came and said we would work with the government to improve the bill that was before us—necessary at that time—and it then rejected all of our amendments.

As our colleagues are probably already aware, we have proposed amendments that would improve transparency and strengthen reporting requirements, to minimize the negative impact of the bill on Canadians’ civil liberties. This is an important point. These amendments are based on evidence we heard, so we did not just make them up. As I understand it, we drafted amendments on the basis of evidence heard in committee that reflect the values that we believe are dear to Canadians.

Among the issues dealt with in these amendments, there is first the addition of a SIRC review of a possible co-operation protocol between the agencies, to ensure its effectiveness and its respect for rights protected by legislation before the offences relating to leaving the country come into effect.

Second, we want to ensure that the evidence gathered during investigative hearings cannot be used against an individual during extradition or deportation proceedings, and not just during criminal proceedings.

Third, we want to ascertain the right to legal aid provided by the federal government if the individual is to appear at investigative hearings.

Fourth, we want to ensure that annual reports include detailed information about all changes to the legislation, to policies or to practices in terms of exit information or exit inspections.

Fifth, we want the comprehensive reviews to cover the implementation of the four new offences relating to leaving the country and for the issue to be dealt with by elected members of Parliament, not just by the Senate.

Other amendments have also been proposed, but they were all rejected by the Conservatives. This is the key point.

As this House has already heard, this bill has been in the works for months. It came from the Senate and all of a sudden the Conservatives decided to bring it forward today.

We have received the answer to our question; we know why we are discussing this bill today. I do not need to belabour this point.

I would like to point out that the hon. member for Windsor—Tecumseh spoke against Bill C-17 in the House in 2010. He said:

When facing a crisis, we as political leaders feel that we have to do something even when all the evidence shows that the structures we have, the strength of our society, the strength of our laws, are enough to deal with it. We passed legislation in early 2002 to deal with terrorism when we panicked. We have learned in the last eight years that there was no need for that legislation.

My colleague, the hon. member for Windsor—Tecumseh, is a lawyer. He spent many years in the field. He was our justice critic. He is always the person to whom many of us look, to this day, for his judgment when it comes to the various laws here, and he has basically said that we do have sufficient legislation to combat what we need to combat in regard to terrorism.

I mentioned the actions of today, and I would like to congratulate and thank all those law enforcement officers and those men and women who have put together the roundup today, that they were able to penetrate a terrorist cell. I am not sure of the details, but as a citizen I would like to thank them for that effort. We have professional people on the ground who collaborate, not only with other law enforcement agencies in our country but with other countries, and that goes on. What we need to do is give them more resources, not fewer resources as is happening now. We need more resources to beef up our borders, to ensure we do not have illicit guns coming across the border, and to have people on the ground to penetrate terrorist cells and to work with their counterparts in other countries, so that we in this country can continue to feel safe.

Something that disturbed me, and this is a result of one of the committee hearings, is that Reid Morden, former director of the Canadian Security Intelligence Service, stated in 2010:

Speaking strictly on those two particular provisions, I confess I never thought that they should have been introduced in the first place and that they slipped in, in the kind of scrambling around that the government did after 9/11....

It seemed to me that it turned our judicial system somewhat on its head. I guess I'm sorry to hear that the government has decided to reintroduce them.

Police and security services have “perfectly sufficient powers to do their jobs” and “they don't need any more powers”.This is the former director of CSIS, saying this in 2010. As I flipped through my notes and tried to prepare my speech, that disturbed me.

I will sum up by saying that I believe, as do members of my party, that we have the legislation in place. If we are going to improve, we need to improve the resources on the ground so we can equip those men and women to combat the potential terrorism threats to our country, which I feel confident they are capable of doing.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, we have not needed the provisions in Bill S-7 that are meant to strengthen the legislation. We have not needed them at all. As I said earlier, both the RCMP and the Canadian Security Intelligence Service work together and co-operate very well when it comes to exchanging information, even with the Americans. I would know; I live in an area close to the border. If someone is being monitored, information is shared rather quickly. During the day, officers do a very good job. We will not see better results by making cuts to budgets or by bringing in a bill that has absolutely no effect.

Bill S-7 was not needed to make the arrests today. Does this mean that the next time there is a protest here, people will be photographed and deemed to be terrorists because they protested in front of a Parliament that is supposed to be democratic and represent the people? We must protect our freedoms, and this bill is not the way to do so.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, the notion that this bill is somehow defending us against terrorism is counteracted by the events that were referred to today by the member for Winnipeg North, who pointed out that the police had successfully stopped a terrorist attack without Bill S-7 in place, and that has been the case all along.

The very essence of terrorism is to make people feel afraid. Part of what is happening here is the government is trying to make people feel afraid and feel that they should have their liberties removed to allow the government to take more control over their lives to defend them against something that apparently the police have already been doing without this new law.

Could the member comment further on that?

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, first, I will be sharing my time with the member for British Columbia Southern Interior.

Today is Earth Day, and a debate on terrorism is wholly appropriate. The ordinary, unthinking actions of humans as a species are affecting the environment and, in turn, all life on the planet, but so are other, more deliberate actions. Terrorism targets innocent victims, men, women and children around the world. This saddens our mother nature, known to many as Gaia.

I truly believe that the earth senses all of these attacks against her. I wanted to make the connection here because I hope that all of my colleagues, no matter what their party, will realize the importance of our decisions and the collateral damage they cause.

Bill S-7, An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act, has four main objectives. The first is to amend the Criminal Code to allow investigative hearings and recognizance with conditions. Its second objective is to amend the Canada Evidence Act to allow judges to order that potentially sensitive information concerning a trial or an accused be made public once the appeal period has ended. The third objective is to amend the Criminal Code to create new offences for persons who leave or attempt to leave Canada to commit a terrorism offence. The fourth objective is to amend the Security of Information Act to increase the maximum penalties for harbouring a person who has committed or is likely to commit a terrorist act.

Once again, the government is going to get carried away with definitions, and we will have to turn to the superior courts to define some of the vocabulary. Who is “likely to commit”? How will these acts or suspected acts be judged?

We New Democrats believe that these measures violate the most fundamental human rights and civil liberties. Those rights, which are guaranteed by the Canadian Charter of Rights and Freedoms and by the Universal Declaration of Human Rights that was adopted by the United Nations in 1948, are the principles recognized as the foundation for building a nation and a world where everyone will be treated justly and fairly, particularly in legal matters.

We are therefore opposed to this bill because it is an ineffective way to fight terrorism and because it is a pointless and inappropriate infringement of our civil liberties. We believe this bill therefore violates civil liberties and human rights, in particular the right to remain silent and the right not to be imprisoned without a fair trial.

The spirit of those laws requires that the state never use its power against individuals to compel them to testify against themselves. The Supreme Court has nonetheless found investigative hearings to be constitutional, but it still needs to be said that the NDP would hope that whenever the House considers bills like this one, we pay a little more attention to human rights than the constitutional requirements necessarily demand, even if the Supreme Court does recognize certain situations. We have the power, and it is up to us to demonstrate leadership.

In addition, we believe that the Criminal Code contains the necessary provisions to investigate people who engage in criminal activities and to detain anyone who might present an immediate threat to Canadians. This very day, even without this bill being in effect, we witnessed the arrest of two individuals in Quebec and Ontario.

When it comes to terrorism, we have to remember that the Canadian Security Intelligence Service, the RCMP and the provincial police forces work together closely and are in constant communication, since combating the scourge of terrorism is a priority in North America, Canada and the United States.

We do not need Bill S-7 to build cases and make arrests.

The fact that the provisions in the earlier bill, which was passed in 2001, were never used between 2001 and 2007 proves it. Although it might be politically risky to oppose measures that clearly set out to strengthen national security, our opposition is rooted in the belief that the measures are pointless and ineffective. We believe that our position reflects values that Canadians hold dear. We know very well that all governments in the Americas, including in North America, are implementing many different measures to combat terrorism. In our opinion, this bill fails to strike a balance between security and fundamental rights. There was greater protection in the 2001 version, particularly with regard to the role of the Attorney General and the reporting process.

The original aim of the Combating Terrorism Bill was to update Canadian laws to bring them up to international standards, including the United Nations’ requirements, and to put forward a legislative response to the events of September 11, 2001. All the provisions in the Combating Terrorism Bill, except for those to do with investigative hearings and recognizance with conditions, are already in effect. And as we have seen, arrests were made today, just the same.

However, a sunset clause was added to the original bill because of major concerns that came up during the legislative process in 2001. For the most part, they were unprecedented in Canadian law and could easily have been abused.

The NDP also feels that this bill runs contrary to basic civil liberties and human rights, including the right to remain silent and the right not to be imprisoned without first having a fair trial.

In the spirit of these rights, the power of the state should never be used against an individual. I am repeating this because it is fundamental to twhat we are doing here. We must not forget that the bill would make it possible to imprison a person for up to 12 months or would impose strict parole conditions on individuals who have not been charged with any crime. Just the suspicion of a crime. We believe this is contrary to the fundamental values of our legal system and our free and democratic society.

In addition, the mere fact that these provisions were used only once, and unsuccessfully at that, shows that police forces in Canada have the tools they need to combat terrorism using existing procedures without the risk to our civil liberties posed by the bill.

The provisions of this bill could also be cited to target individuals taking part in activities such as demonstrations or acts of dissent that have nothing to do with a reasonable definition of terrorism. I referred to definitions a moment ago, and this is extremely important.

The right to demonstrate is guaranteed by the charter, like the right of association and the right of free speech. The right to demonstrate is a necessary counterweight that sometimes helps to focus politicians’ minds. That has to continue. If we start saying that demonstrations are acts of terrorism, it will not end there. That is why I said earlier that it is essential for these terms to be defined.

In conclusion, how can the government talk about national security and public safety and at the same time impose all these budget cuts on our protective agencies and institutions?

Over $700 million will be cut from the budgets of the RCMP, the Canada Border Services Agency and the Canadian Security Intelligence Service. The response being offered is a law that will have no effect on activities on the ground. Yet that is where we have to tackle terrorism; cutting $700 million from the budgets of those institutions and police forces is not how we are going to produce results for our constituents when it comes to safety.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, let me try to help the member out. Canadians are more aware than the Conservatives and the NDP in terms of the potential and real threat that is out there regarding terrorism.

Why do I put it in that fashion? It is because the Conservatives have been sitting on the legislation for literally months. They had the opportunity to bring it forward a long time ago. They only chose to bring it forward today, using the Boston terrorist attack as a political excuse. If they were sincere about the Boston terrorist attack as the justification for bringing it forward, they would have brought it forward on Wednesday, Thursday or Friday of last week. They are using the Boston terrorist attack as a way to bump the Liberal opposition day today, which would have had a different debate.

By using the examples I used today, not only the media report but things such as the potential terrorist attacks on malls and other venues, I have shown that Canadians already know that the threat is very real and that the threat is there. The New Democrats do not seem to recognize that. They say, "Well, we have not had a successful terrorist attack; that means the law works, so we do not need to change the law". It is a flawed argument. Here is a law that could change and that would assist. They do not have to take my word for it. We have law agency officers from across the country who are saying that Bill S-7 actually does have some merit and that it would help them in terms of combatting potential terrorist threats. They do not have to believe me. They can take the word of these law enforcement agencies and officers from across the country.

Hopefully that helps the member better understand why I said what I said.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a case in which the NDP needs to get is collective head out of the sand and recognize the reality, which is the reason I brought it up the example, saying "look, we have something that is there and it is very real". I used the example of today, what is actually happening.

We have many different potential public targets out there. We could talk about marathons, malls, fast transit or, in my own province, Manitoba Hydro. There are all sorts of potential threats out there. By using these examples, what we are trying to do is give a wake-up call, in this case to the New Democratic Party, to recognize that there is a real threat. To pretend that there is no threat would be a tragic mistake.

What we need to do is provide the tools that are necessary to be able to minimize the potential threat that is there. By providing Bill S-7, even in its imperfect format, all we are doing is providing yet another tool for those law enforcement agencies to be in a better position to protect all of our constituents, the people we represent, who appreciate the fact that there is a terrorist threat out there.

This is not to scare people; it is just the reality of the day. It behooves us to be responsible and provide a proactive approach as much as possible in trying to combat terrorism wherever we can.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is prudent for us to be very clear on the issue. Expert witnesses came before the Standing Committee on Public Safety and National Security and confirmed that the passage of Bill S-7 and the provisions within it would be very useful in their efforts to combat terrorism.

Is it a perfect bill? No, but let there be no doubt that the passage of the bill will put into place a system and a tool for law enforcement agencies to be more effective at combatting terrorism. The principle of what the bill would do is really what we should be talking about, which is ultimately being argued as a positive.

Yes, there could have been more accountability in certain aspects, but it is critically important. That is one of the reasons I cited the example of what is breaking in the news right now. I do not know the details, because it is just coming out. All we know is that there was some sort of plot, and in the next few hours we will get more details. We need to provide tools where we can, and this is going to be just one of those tools. Hopefully we will see even stronger legislation coming forward.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I found the contribution made by the member for Thunder Bay—Superior North interesting with regard to what has become a very important issue in the House of Commons. We have heard members on both sides of the House talk about the importance of their right to speak, and they are very sympathetic to and supportive of what the member was talking about and how S. O. 31s are being used as a punishing tool from political parties.

It is one of the reasons we designated today as an opposition day. A motion was going to be brought forward by the leader of the Liberal Party with regard to democratic reform in the hope that it would pass, and that would have dealt, at least in part, with the member's concerns and with the concerns of the member for Langley.

That said, if I have enough time at the end of my speech, I would like to comment further on that issue, but for now I want to talk very briefly about Bill S-7, the combating terrorism act.

I received an email just prior to question period, which states:

Canadian police and intelligence agencies will announce later today they have thwarted a plot to carry out a major terrorist attack, arresting suspects in Ontario and Quebec, CBC news has learned.

Highly placed sources tell CBC News the alleged plotters have been under surveillance for more than a year in Quebec and southern Ontario.

The investigation was part of a cross-border operation involving Canadian law enforcement agencies, the FBI and the U.S. Department of Homeland Security.

The email goes on, and we will probably get more information coming from news media outlets as the day unfolds.

I have tried to put this matter in the form of questions to the New Democratic Party in particular. There is a heightened sense of awareness, and that awareness became very evident during the 9/11 crisis. There were a lot of issues at the time, but in essence I believe we can go back to that in terms of the public's need to have more information. There is a desire to feel that the government is doing what it can to combat terrorism.

The primary thing Bill S-7 is attempting to do is in regard to investigative hearings. This is something Liberals believe is important. The Supreme Court of Canada recognized this need back in 2004 and acknowledged that that conducting investigative hearings without warrant would be constitutional and that the government would have the ability to do so. That was done back in 2004; since then the government has attempted this measure and failed, but not because of opposition from our party, because the Liberal Party has been the only party that has been consistent on wanting this type of legislation to advance.

This is now the fourth rendition of this type of legislation. There have been some modifications over the years, but once again it is being brought to the attention of the House. The Liberal Party, at second reading and at the committee stage, indicated its support in principle for the legislation, and Liberals did that believing and understanding that some checks are being put in place to ensure that individual rights would be respected. Individual rights have always been very much a concern for the Liberal Party. It is one of the reasons we stand behind the Charter of Rights and Freedoms, something Canadians have adopted as their own and as one of those things for which we have a sense of pride.

At the end of the day, we are comfortable in knowing that those rights are in fact going to be protected with some of the checks.

Is it perfect legislation? No, it is not perfect legislation. It would be nice to see some modification, but we are very much aware, as I pointed out earlier, that the government is not sympathetic to amendments. It does not like amendments to its legislation to be brought forward, nor has it ever shown an interest, since it has been a majority government, in tolerating any form of amendments, which is unfortunate.

However, at the end of the day we look at it in terms of what our law enforcement officers from across Canada are saying. Some of the agencies making an announcement later today about something that has been uncovered in relation to terrorism have made presentations to the committees and have in fact lobbied not only our caucus but, I suspect, all caucuses inside the House. We ultimately recognize that, yes, it is something that is important, something that we are prepared to see pass. Our critic and others have had the opportunity to comment on the legislation, and we would like to ultimately see it pass.

That said, in the last few minutes I want to pick up on an issue that I believe the government has done a great disservice to.

We recognize, as I very clearly said in my earlier comments, the profound impact that events in Boston have had on all people living in North America. We have expressed our condolences and our best wishes and our prayers to the families of the victims. However, at the end of the day, we in the Liberal Party are very much disappointed by the manner in which the government has chosen to use that act of terror in order to advance a political agenda.

This legislation could have been brought forward long ago, months ago. However, the government has been sitting on it. Then, on Friday, we heard the government House leader stand in his typical fashion and say that because of the concern with respect to the Boston Marathon and the terrorist attack, we were now going to have Bill S-7 introduced on Monday, thereby bumping the Liberal opposition motion that was being proposed in relation to democratic reform.

We find that it is no coincidence. It is something that was done intentionally by the Prime Minister's Office. The PMO had the opportunity to bring it in on Wednesday, Thursday, or Friday of last week. In fact, it has been sitting on it for months. The real reason it was brought it in is that the government did not want the Liberal Party to have its opposition day motion debated in the House.

What I find somewhat cowardly is that the government, the Prime Minister, is actually using the Boston Marathon as a tool to prevent a specific debate from occurring in the House, thus preventing a debate on democratic reform and forcing or imposing upon MPs a favourable response to Bill S-7.

The Liberal Party has always supported it in principle. We find it unfortunate that the government is using the terrorist attack that recently happened in Boston as an excuse to bring the bill forward today, because over the last couple of weeks we have seen the reaction from the Conservative backbenchers toward the Prime Minister's Office in terms of limiting their ability to speak.

The other way in which he is using the Boston tragedy is with regard to his negative attacks on the leader of the Liberal Party, which I would suggest is no coincidence. This horrific event takes place in Boston, and all that is on the mind of the Prime Minister is how he can attack the leader of the Liberal Party. He is supposed to be abroad, attending the funeral for former prime minister Margaret Thatcher.

We find it is somewhat suspicious, but the bottom line is that Bill S-7 is here today, whether we like it or not, and the Liberal Party has indicated its support of the bill in principle and for it to ultimately pass.