Nuclear Terrorism Act

An Act to amend the Criminal Code

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to create four new offences relating to nuclear terrorism in order to implement the Amendment to the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 21, 2013 Passed That the Bill be now read a third time and do pass.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:05 p.m.


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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, I am interested in my hon. colleague's comments about the appropriateness of government bills coming through the Senate. Of course we are happy that the government is addressing this, but we are a little concerned that it came through Senate. I know it is an issue of interest and concern to our party, the official opposition, and I am very interested in the member's comments on that.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:05 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I thank my colleague for his question.

My position on the Senate is shared by a number of my colleagues. We know that an almost air-tight seal surrounds all the discussions there. We also know that partisan behaviour is behind all of it. I am not saying that I have studied all these ideas specifically, but I know quite well that these individuals are not elected and are, in fact, appointed. This is about political capital and these are, first and foremost, partisan positions.

I am highly dubious of the relevance in 2013 of submitting such bills that could have a major impact to a House—in this case, the Senate—made up of people who, at the end of the day, benefited from favouritism.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:05 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my colleague for his speech and his informed answers.

With respect to international affairs, it is well known that the New Democrats are in favour of multilateral diplomacy rather than the very limited, and even simplistic, bilateral negotiations the government prefers. I spoke about this at the Standing Committee on International Trade.

After adopting this bill, we will still have to move forward and ratify the agreement that brought about this bill, and also implement measures to address it.

Does my colleague believe that the government will take appropriate measures after adopting Bill S-9?

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:05 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I thank my colleague for his question.

Here are my thoughts. I am aware of and have seen the pernicious effects of lobbies and how they presently have the ear of this Conservative government. I would say that there are very powerful lobbies behind the nuclear movement. I would also say that there is a very strong likelihood that the hands of some people are definitely tied because there is great interest in growing the economy at any cost. This growth is always based on the exploitation of natural resources as the sole agent and driver of Canada's economy.

Once this bill is adopted, there will be waffling: people will pussyfoot around, take a step back and then take a step forward. I guarantee that over the next few years, there will be backpedalling and pussyfooting around because of the undue influence of a number of lobbies and special interest groups in Canada.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:10 p.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, this is one of the bills put forward by the government through the Senate, unfortunately, that deals with the Criminal Code of Canada, and the current government has touted itself on being tough on crime or making changes to the Criminal Code. However, when we review the history, it is not a very progressive agenda.

In fact, there are numerous actions that the Conservatives have taken over the past little while that would speak to the fact that they are not actually trying to prevent crime in this country. In particular, I am referring to the recent reductions in funding to the RCMP and, in particular, reductions in funding to the native reserves for their policing.

Can you comment on whether this is as important as that to the people of Canada?

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:10 p.m.


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The Acting Speaker Barry Devolin

I will not comment on it, but perhaps the hon. member for Manicouagan will.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:10 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I want to thank the hon. member for the question.

As he said, cuts have been made to service delivery and services to the public, and also to environmental assessment.

The Conservatives claim to be tough on crime.

I would say that adding these new provisions to the Criminal Code will cause problems. I am speaking from the point of view of a criminal lawyer. I still like to think of myself as one, even though I do not currently practice law. I know that some of my clients who were not in full control of their faculties would utter threats left and right without necessarily being in a position—especially physically—to carry out those threats. A number of those clients, who had mental health issues, might threaten to use nuclear devices even though such devices are not available to the average citizen.

Canada's complacency towards environmental assessment might please the mining lobby and very specific individuals, but it exposes Canadians to serious threats, including in the nuclear industry in terms of monitoring waste storage sites. This is currently a serious problem.

The potential for nuclear terrorism is right under our noses, here in Canada.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:10 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I am very honoured to follow the hon. member for Manicouagan, who is sitting beside me, but who will likely have to leave the House to attend to business. I wish him a happy Easter weekend.

Before I begin, I would like to indicate that I will be sharing the time I have been given to speak about Bill S-9.

I am trained as an archivist and historian, and I have been interested in history and international issues for a long time now. To put Bill S-9 into context, it is important to understand that, in the late 1980s and early 1990s, we moved fairly quickly from a very polarized world to one that was more fractured. Previously, the world was relatively simple to understand and keep in balance. The two major powers that divided the world were making extraordinary efforts to acquire nuclear weapons. They had the means to use them, but they also had to deal with the related security issues.

Now we live in a more fractured world. Among the sovereign states, there are states whose sovereignty is more or less assured, as well as states that are completely disorganized. What is more, there are groups throughout the world in possession of nuclear weapons. Their ability to act is difficult to assess, but they are scattered throughout the world.

This fractured world has created additional hazards, security hazards related to the possession, handling and use of nuclear material. As a result, it is particularly appropriate and vital—I would even go as far as to say urgent—to consider a bill such as Bill S-9, which makes it possible to take measures related in part to Criminal Code amendments.

I would like to talk about some of these measures. A number of my colleagues have already spoken very eloquently on the subject. Nevertheless, I am going to spend much of my time talking about the methods used and the impact, since those are the most important factors. In fact, this was my pet topic when I had the honour of being a member of the Standing Committee on Justice and Human Rights. It was a wonderful opportunity to talk about, understand and learn more about how Canada's Criminal Code works.

We fulfill our responsibility for implementing effective and comprehensive measures through bills. Yet that is far from the only method that can be used. In fact, as I have said before, when you come right down to it, a bill alone is nothing more than a marketing ploy that gives the appearance of solving all the problems, if there is no way of implementing it. In reality, a law without the means to act, without the means to be implemented, can be completely powerless.

Our legislative system is one of the pillars of our society, of our democracy, but it is not the only one. That is why the judicial system is completely independent. This system acts with the legislative system to enforce legislation. The judicial system obviously cannot be effective and productive without police forces, without the tool society has developed to investigate and understand what goes on in society. We obviously need courts to try people who are accused of planning or committing crimes that threaten our society.

As my colleagues and I have said, our responsibility is greater because the bill is associated with a multilateral treaty.

As a country that is rich and advanced and has an excellent international reputation on nuclear issues, Canada has a much bigger responsibility to implement nuclear measures. We must also act as a leader. We must at least reach out to help less fortunate or less advanced countries that have a nuclear liability or legacy meaningfully and effectively address the situation.

This situation is far from benign. A fractured world has given rise to more opportunities. The circle of nations that are developing nuclear weapons or that have nuclear facilities—either for energy production or research—has expanded a lot in the past 20 or 30 years. The so-called threat has expanded, and we have to pay attention because it remains a reality.

Canada has pulled out of the multilateral anti-drought convention. The government sent a rather strange message. It would be funny if it were a joke, but this message is just bad. This could cause our allies, the world community, to lose trust in us, even if we pass Bill S-9.

I cannot help but speak to the economic consequences of implementing Bill S-9. As a member of the Standing Committee on Finance, I will not hide the fact that I am concerned by the current dynamic. The government has no qualms about blindly cutting left, right and centre.

I am very concerned about the fact that this may well be a useful bill that would give us the potential means to deal with a threat of nuclear terrorism. Unfortunately, it will be practically unenforceable because the government will not have taken the measures to secure sites and draft protocols.

I am also concerned about management and planning. Management is not necessarily the government's strong suit, as it has amply demonstrated over the past seven years. I have no idea how the urban legend about the Conservatives being good managers came to be.

A tree is known by its fruit. Up to now, that fruit has been mostly rotten tomatoes, which Canadians do not find very appealing. The Conservatives do not have a very good record. I have often felt sick to my stomach because of some of the decisions this government has made.

I jest to lighten the mood, but that does not change the fact that it is essential that the government give research institutions, universities, existing and even private facilities the means to truly ensure that we can prevent theft or any type of nuclear threat in our society.

We also need to be able to arrest people who could use a nuclear threat to terrorize the public or to retaliate on behalf of a cause. Certain causes may be fundamentally just, but with the world the way it is, even just causes can be perversely and deviously manipulated and threaten lives.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:20 p.m.


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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I am curious specifically about the member's riding. Chalk River has spent nuclear fuel that it will be transporting back to the U.S. under an agreement we reached the last time Mr. Obama was here, I believe, or around that time. There have been concerns raised about the safety of transporting it like that and the risk of somebody trying to intervene and steal it.

As this is weapons-grade fuel, I am wondering what the reaction has been in the member's riding.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:20 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague from Hamilton East—Stoney Creek very much for his question. I particularly thank him for bringing up that point of view.

Among the five federal ridings in Quebec CIty, the Beauport—Limoilou riding has the distinctive feature of containing three of the five major hospitals in the region. Hospitals are potential threats because they still make significant use of radioactive material and there are safety standards related to the use of such material.

The government's massive cuts to health and other transfers to the provinces could threaten the management of this risk. Not to mention that all this radioactive material could be diverted for use in poisoning large numbers of people. It might not kill them, but it could pose a threat and frighten people, thereby paralyzing public authorities, governments and average citizens. This could be petty crime, and not just far-reaching and large-scale terrorist crime.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:25 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to pick up on the last question.

The member made reference to the medical use of isotopes. We need to recognize that within Canada we do use nuclear materials. Hydro is one company or organization, and there are other stakeholders out there. Our provincial governments are somewhat involved in terms of the monitoring that takes place.

My question to the member is this. Can he provide his thoughts on the importance of the Government of Canada developing a plan because of the threat of potential local terrorist activities? Also, how important is it that it takes stock of or knows of the potential targets in Canada? What is it doing to minimize the potential threat of terrorist actions, even here in Canada, underlining the importance of working with the different stakeholders in particular and different levels of government?

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:25 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague from Winnipeg North for his question, which I find fairly ironic. Like him, I agree on the importance of having a plan, but what good is it if we do not have all the means to implement it?

I find it ironic coming from a member of a party that, back in the day of the Jean Chrétien and Paul Martin governments, made massive cuts in transfers to the provinces. In other words, he is from a party that shovelled its deficit onto the backs of the provinces, thereby weakening, for lack of resources, the capacity of the provinces and related institutions, including health and higher education institutions, to manage and secure sites and to implement some kind of plan.

Yes, we need a detailed plan, but without the resources to implement the plan, it has no more actual value than a bill that cannot be implemented for lack of resources.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:25 p.m.


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Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I am always pleased to ask my hon. colleague from Beauport—Limoilou a question.

Given that this is the second day that we are studying this bill at third reading stage and that neither he nor his NDP colleagues have given any reason why we should not take action to ensure nuclear safety, why does the hon. member believe that we should wait some more before taking action and passing this bill?

This bill will allow Canada to fulfill some very important national obligations and address a very urgent global challenge. We have yet to see an act of nuclear terrorism, but without the measures proposed in this bill, Canada is exposed to certain risks.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:25 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my esteemed colleague for his question.

I will answer in another way. I hope he took the time to listen to my speech. After passing Bill S-9 relatively quickly, we will have to implement it and meet our international obligations. However, Bill S-9 will not be enough. I hope that the member was listening carefully.

Will the government implement measures to ensure that Bill S-9 is not just a document that is not worth the paper it is written on? We have to be able to secure sites and have adequate police resources to deal with this famous terrorist threat. Above all, the provinces must be able to use radioactive material in a safe manner.

Nuclear Terrorism ActGovernment Orders

March 28th, 2013 / 1:30 p.m.


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The Acting Speaker Barry Devolin

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.