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 ActRoutine Proceedings

March 18th, 2013 / 5:15 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is important to put this debate in context. The first thing I have to note, and this happens every time we have a bill from the Senate, is the dependence of the government on bringing bills from the Senate. As a democrat, not just a New Democrat, I believe that bills should originate in this House and go to the other place after. After all, we are elected to bring forward legislation, to oversee legislation and to then take it to the other place. That is how I see our obligations here. However, the government sees it differently. That is the difference between us.

This is important legislation. As referenced, it is our obligation under international treaty that we have legislation to deal with the importance of locking down and securing nuclear resources and materials. In fact, if we just pull back a bit and look at what the scenario is right now, the threat of nuclear weapons is very concerning for many of us.

I disagree with the government on its analysis of the biggest threats we face as a species. It has its own view. I think we face two major issues, no question: climate change and nuclear weapons.

The fact of the matter is that we have to deal with climate change. The government sometimes believes in the science of climate change, and at other times not so much. We need to do more there. I do not have to list all the threats we face because of climate change. We can see it worldwide. We see it in the Arctic and in sub-Saharan Africa. It is something that is increasing in terms of its threat.

The other threat, of course, is nuclear weapons. More people should be seized with the threat of nuclear weapons. We have passed motions in the House. I worked with the other side. All parties agreed on a motion to actually have Canada engage in a nuclear weapons convention. I will be interested to see what the response of the government is. It was a couple of years ago. All parties agreed. It was passed in the Senate, in a similar motion, that we need to be seized with nuclear proliferation.

When I was growing up, there were two big powers, and the two big nuclear threats were between those two superpowers. However, an amazing thing happened, and that was around 1989. We saw two things happen. One was the fall of the Soviet Union, the fall of the wall, which was historic and memorable.

I was just in Berlin for a conference on a nuclear convention. It was hosted by the German government, as a matter of fact. It is amazing to see that city and to see what happened where the wall came down. What happened around the same time, which was unimaginable in the years prior to 1989, was that there were agreements for fairly rapid, substantive nuclear disarmament.

We started on a path in the 1990s of what I would call a period of not just reconciliation but of fairly stable peace, because we saw the threat of nuclear weapons really being reduced. Let us think about it. We had over 60,000 nuclear weapons pointed at us, indirectly, through the United States, and the same from Europe to the Soviet Union. Within a matter of years, that was diminished to just over 10,000, which is what we presently have.

However, things have changed. We are in a multi-polar world. We have threats. We know of North Korea. We have Iran, which is continuing to ramp up its program. We have non-state actors. This is what this bill is addressing because of our international commitment to the treaty of 2004 and the UN resolution. They can conceivably not only find access to these materials but can then turn those materials into weapons-grade uranium, with some support, and have missiles that are fairly portable. Clearly we need to be seized with this.

This is why it is important to understand nuclear power in all its aspects and how it can change from what we use for power to a threat.

In Chalk River, the government is engaged in decommissioning. It is looking to taking the highly enriched uranium out of that facility, which has been there since post-World War II, and transferring it to the United States. This is important not only for my constituents but for everyone in Ontario, because there are a lot of questions about it. There is not a question about the need to do it. In the scheme of things, it is not a bad thing. In fact, the Prime Minister announced the intention to do it just after the 2012 nuclear conference, which has been referenced.

It is important to have this legislation in place before the trucks start moving down the road. I say that because what the Prime Minister announced was that we would be sending highly enriched uranium through the province of Ontario to the United States. Part of our obligation under the UN resolution we signed in 2004 is to ensure that there will be mechanisms in place so that the materials from Chalk River do not end up in the wrong place.

There have been some legitimate concerns raised by mayors of towns throughout the province about the government's plan when it comes to decommissioning and sending these materials south. Non-proliferation advocates want to make sure that everything is done so that none of the material lands in the wrong hands. That is why we would have hoped to have seen this kind of protocol put in place a while back. In 2012, when the Prime Minister made the announcement, we should have had it in place. As was mentioned by my colleagues, the government has had problems in terms of drafting and in putting it on the front burner. If the two biggest threats we face are climate change and the proliferation of nuclear weapons, this should have been done as early as possible, and certainly before the Prime Minister announced at the Nuclear Security Summit in 2012 that we would be sending these materials from Chalk River south.

The people affected by this need to hear, from the government, about a process whereby local villages and towns and mayors are given notice and are confident that all appropriate measures are taking place.

This is a fairly complicated process. We are talking about making sure that the spent fuel rods are secure, that the routes they are taking are secure, and that everything is being done by the government to ensure that the intent of the bill is actually being done.

In the past we have seen problems with the government and its relationship with the supervisory capacity of the Canadian Nuclear Safety Commission. I will not go back in history on that. It was very controversial. I am hoping that some lessons were learned by the government at that time. However, we need to know that the government will work with those mayors and those people who are affected in Ontario.

I would say to all members of Parliament for Ontario on the government side that if they have not done so already, it is their responsibility to represent their constituents and engage both the safety commission and the government to ensure that the plan is solid.

The other area this touches on is the UN resolution. The UN resolution stems from the concerns of the UN General Assembly and the UN Security Council about the potential proliferation of nuclear weapons. After the Iraq war in 2003, the IAEA was questioned by some of our allies at the time, including the Bush administration.

The head of the IAEA, Mr. ElBaradei at the time, said that they did not believe there was evidence there of nuclear weapons, and of course we saw what happened after, the cooking of the books. After that, there was not only consensus but an urgency to ensure we would have smart policy and fair rules to ensure this kind of fiasco did not happen again. Essentially, we had one of our member states along with support of another member state deciding that they would, in effect, override this international agency, IAEA, and come up with their own “facts”. We found out the facts were not the facts. The yellowcake story, for instance, was something that had been cooked up and it was just a premise for an invasion of a country and another agenda.

Therefore, in 2004 resolution 1540 was passed. It was to deal with the fact that this was a serious issue and we needed to have not only laws within our own countries about dealing with nuclear materials, but there had to be some globalization of this process so we would not see the same playing of politics with this. We had not only to sign onto this, but also to implement and enact legislation, and that is what this is. That is a fairly long period of time and the threats that we face, as I mentioned, with non-state actors with certain states that are proliferating in the Middle East and other places, and we need to understand that.

However, if we take from this lesson that we need to work in a multilateral way, that we need to push for non-proliferation, we should also embed that in the way we do business. As members know and as was in the newspaper today, our agency is in the U.K. promoting the Candu reactor. I do not have to tell members the lessons that we should have learned with the sale of our technology to India. It led to India having the capacity for nuclear weapons. That proliferation continued, as we know, in Pakistan, et cetera. I say that because we cannot separate the proliferation of nuclear weapons and the proliferation of nuclear power. We have to understand that one can lead to the other. Certainly that is the case in Iran with which everyone is seized. We need to have a capacity to deal with that.

My concern, not with the bill but with the direction of the government, is that the members have said a lot of interesting things about proliferation but they really have not gone far enough in pushing for non-proliferation. I have a couple of examples.

Many right now are pushing for Canada to be involved in a preparatory committee for a nuclear weapons convention. People would like to see this happen in a couple of years. We have seen leadership from the White House, as members know, with the speech by President Obama in Prague a couple of years ago. We had the “four horsemen” article a couple of years before that. We have had Ban Ki-moon talk about the need for a nuclear convention.

I have not heard, except for when we have raised it in the House and we passed our unanimous motion, a real commitment from the government on non-proliferation to the extent that we could do more. We are proudly a non-nuclear weapon country. I give credit to John Diefenbaker for that role. We need to say that Canada will play a role in working with others in a multilateral way and through the U.N. and other agencies to strengthen nuclear non-proliferation. We have some of the best people in verification. We have the technology that we have developed. I am a little concerned that we are not putting enough into oversight, as I mentioned in the case of Chalk River. We should be strengthening the IAEA. We should be working with others to come up with verification instruments so we can actually lock down nuclear materials. We have some of this capability, but we have not kept up with it and it should be a priority.

In the end, what we are left with is a process whereby we are obviously manufacturing the materials and are promoting nuclear energy. We also need to recommit ourselves, because we have been committed in our country before, to non-proliferation. We should be working with others for a nuclear weapons convention. We should be saying that Canada will take a leadership role when it comes to nuclear non-proliferation. We should be pushing those states that have nuclear weapons and have not signed the NPT to do so, and we should be looking for real reductions, as former Secretary Shultz, others in the United States, Ban Ki-moon and President Obama have said.

We should be very active on this, because if we are sincere about making sure that we deal with one of the two threats to global existence, nuclear weapons, then we have to be serious about how we promote nuclear non-proliferation.

If not Canada, then who? We are the ones who were between the two superpowers for that long period of time during the Cold War. We were the ones who decided—and I credit a Conservative leader, Prime Minister Diefenbaker—that they would not be on our terrain. We never had nuclear weapons on our land, so we are in a perfect position to be leaders in forging a better agreement on nuclear weapons.

This is an opportunity to talk about that with the bill today. As was mentioned by my colleagues, we will support it. However, let us do what other countries have done and ask for more. There are two examples I can think of in recent history of deciding to get rid of nuclear weapons: South Africa and Kazakhstan. In the case of Kazakhstan, that was where it was decided to test nuclear weapons. It was a decision by Stalin, who said that there was no one near the place so they would not worry about it. They conducted 450 nuclear tests. I was there recently, and the results are there still. There are people with deformities who have passed them on through generations. It is a reminder. Fukushima, in Japan, is another reminder that we have to take this seriously. We have to do more when it comes to nuclear non-proliferation.

I ask the government to not only bring in legislation that meets our UN obligations but to do more on the issue of non-proliferation. It would have support not only from this side of the House but from Canadians from coast to coast to coast. People would be proud and would be saying that this is something that is in line with our values and our history and would actually be contributing to peace and security in the world.

I support the bill, but I ask that the government do more to support non-proliferation to make it a more secure world. That is in keeping with Canadian history.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:35 p.m.


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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, obviously non-proliferation of nuclear weapons is a goal all countries should aim for. It is a challenging issue, because what this particular bill sets out to do is to make sure the technology behind these nuclear devices does not proliferate, whether through terrorist organizations or others. Bill S-9 speaks more to the ways and means we have agreed to with our multilateral partners in how to address it.

To the member's concern, many of these provisions were in the Criminal Code prior, but the exact language and codification is changed. I should also point out to the member that the Canadian Nuclear Safety Commission came to the justice committee and pointed out that there is a tremendous amount of security and process when dealing with nuclear materials.

The NDP continues to say that multilateral agreements are good, that Canada should participate and that we should be supporting measures that protect people from these kinds of things. It continues to put up speaker after speaker arguing in favour of the legislation but will not let it go on so that we can be the leader. I say that because we had a professor from Harvard who said that Canada would be leading the way. Other countries, such as the United States, have not yet been able to do this.

I would like his response as to why the NDP continues to speak in favour but does not allow the bill to go forward.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:35 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I do not know where to begin. We have a bill that is coming from an unelected Senate to start with. Also, it is amazing that the member is talking about how horrible it is that we are not doing our democratic duty by not letting this just go through.

The point is we had a government that failed to live up to its obligations. It managed to fast-track every bill it wanted to get through when it was convenient for it. We just went through that this past year. Therefore, it is a little rich to hear from the other side that we are in the way somehow. I mean, it is setting records on time allocation and shutting down debate.

I will put that aside, but I will agree with him that we should be seized with this. We should be seized with taking the opportunity through multilateral forums to ensure that we have a safer planet by being stronger. However, I did not hear the member say anything about the need to be more clear about how these materials from Chalk River are moving through my province of Ontario. He should be concerned with that and also seized with the opportunity for us to lead internationally on nuclear non-proliferation.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to pick up on the member's last point when he talked about the transportation of nuclear material.

It is important for us to note that nuclear material does come in many different forms in Canada. It is used in energy and medical isotopes. Nuclear material does have a very beneficial role to play in society. However, as the provinces have different types of nuclear material, many have raised the issue that we need to be doing what we can to ensure that we are marginalizing sabotage and terrorism within our country

Could the member provide some comment on how important it is that Ottawa work with its provincial counterparts and other potential stakeholders like hydro companies or companies that provide electricity? How important is Ottawa's role in providing leadership on that file?

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:40 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would agree with the member if he is talking about a real partnership in ensuring that something as important as nuclear waste, for instance, and I am referring to Chalk River, is done in a way that is going to be transparent and open with the communities that are affected.

If we think of what happened to Japan, we think of all the best plans, as the scenario goes. The Japanese thought they had everything figured out. However, what turned out to be a problem was they had certain assumptions that were dated.

As my kids would say, it is a no-brainer. We have to ensure we work with all of the communities affected, including on this plan to send spent nuclear fuel from Canada to the United States. I reiterate the importance of the government working with local municipalities and being clear about where this is going so people will not be in fear of the concerns they have about this material going through their backyards.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:40 p.m.


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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened carefully to my colleague's speech and I have a question for him.

We know that Canada is well respected in international circles. 2014 is fast approaching and these treaties must be ratified.

Does he not think that Canada has dragged its feet in introducing this bill? As the saying goes, you have to lead by example.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:40 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I agree.

I think that our nuclear energy obligations are very important. For all Canadian citizens, we must ensure that the government is serious about its obligations under Canadian law and, as I mentioned earlier, about Canada's obligations to the United Nations.

In the end, this is both a matter of our obligations to citizens here in Canada and also our obligations internationally. That is why the government should have taken this more seriously and should have acted more promptly.

I look forward to the government staying seized with this issue, because as I have mentioned in my comments, this is not just about following up with this one aspect of nuclear energy or materials. This should be about continuing to be seized with nuclear non-proliferation.

Yes, I would agree with my colleague. I wish that we had seen quicker action, that we had paid more speedy attention and that we had passed the bill. It should have been done, frankly, before the last election.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to thank my hon. colleague from Ottawa Centre for his excellent speech and all the very enlightening information about the bill that he shared with us.

This is a very important bill because we have a deadline to meet in order to live up to international agreements. In that regard, it was urgent to get the job done.

Unfortunately, as my colleague mentioned, the bill originated in the Senate, where we have appointed not democratically elected representatives. The Senate is even dealing with several scandals, which have been mentioned a number of times in the House of Commons. The Conservative government's lack of leadership in the fight against and prevention of nuclear terrorism is deplorable. That is very important.

I would like my hon. colleague to share his opinions on the fact that the bill came from the Senate and not the government. He also mentioned—

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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The Acting Speaker Bruce Stanton

Order, please. The hon. member for Selkirk—Interlake is rising on a point of order.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I ask you to ensure that the question and the response that has been put on Bill S-9 is relevant to the topic at hand and not about the other place. Even though the bill comes from that area, that is not the topic of the bill. The topic is nuclear terrorism, and I wish the members would stick to the facts.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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The Acting Speaker Bruce Stanton

I thank the hon. member for Selkirk—Interlake for his intervention. As he pointed out, there was a reference to the origins of the bill in a question before the House today, but it is a good time to remind members that all comments and questions should be relevant to the question that is before the House.

The hon. member for Drummond has no more than 10 or 15 seconds to ask his question. I will then give the floor to the hon. member for Ottawa Centre.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I was simply referring to the great speech given by my honourable colleague. I will let him talk about what I just mentioned.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I think it is important to talk about where the bill came from. I will reference what I was talking about before. When as many as 76 transport truckloads of high-level nuclear waste could journey along the Trans Canada Highway over the coming four years in an effort to ship decades worth of radioactive rubbish from Chalk River to the U.S. reprocessing site, those of us who actually represent communities throughout this province are concerned about that.

The fact that the bill came from over there delayed our being able to talk about it here. That is why we should have bills originating from this place. These are issues that affect our constituents. With all due respect to the other place, we found senators had some problems understanding where they actually live, never mind who they represent.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:45 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I will be splitting my time with the member for Scarborough—Rouge River.

I am pleased to have an opportunity to speak, however briefly, to this particular subject. In a previous Parliament we had many a debate over the Nuclear Liability Act, and many of those issues are very important to us all. I really do not see any reason why debate in the House on such an important issue should be curtailed simply because we all agree on things. We are looking for better answers throughout the time that we work on a bill. Certainly this bill is no exception. No one can say that the bill comes from experience, because not everyone has experience with radioactive waste and not everyone has experience with what happens with radiation when it gets into the environment.

I want to preface with a couple of experiences that I have had in my community and in the north.

The first one deals with the transport of yellowcake from the Port Radium mine on Great Bear Lake in the 1930s, when it was transported by gunny sack down the Mackenzie River and over the portage at my town of Fort Smith. Sixty years later, Atomic Energy of Canada Limited came through to deal with the residue that came from the yellowcake that was carried on people's shoulders in gunny sacks. This was after many of them suffered radiation-induced cancer throughout the system and that is something that can be referenced by googling the Deline radiation issues.

In any event, when passing through the community, one of the bags happened to fall off a cart. Sixty years later, we could identify precisely where that bag fell off the cart. The residue remains in perpetuity unless we do a very massive cleanup.

The second incident I want to talk about is COSMOS 954. COSMOS 954 was a satellite that the Russians lost control of in 1984 or 1985, somewhere in that range. This was a nuclear-powered satellite with a reactor the size of a football. It exploded coming through the atmosphere and the debris from that explosion covered an area of some 30,000 square kilometres, including my community of Fort Smith, which was on the edge of that radius.

When the cleanup started, people with Geiger counters could go through the community and sort out the pieces of radioactive material that littered the entire community. A team of people worked all summer long with Geiger counters, picking up the pieces as they went around.

Radioactive material is dangerous material. Radioactive material in any size, shape or form can cause difficulties for human beings. We are seeing this now on a more massive scale with what has happened at Fukushima, where radioactive releases are costing the economy of Japan a huge price and will continue to do so. We can look at Chernobyl where large numbers of deaths occurred, but the impact on the countryside and on the people who lived in those areas was huge as well.

Now we come to the potential for dirty bombs—that is, someone taking some radioactive material and blowing it up in a populated area, say over Ottawa, using a Cessna 172 filled with some explosives and some radioactive material they happened to get somehow from Chalk River or from some other place. The impact upon the city of Ottawa would be immense. The cleanup would be incredibly costly. The cost to the community over time would be incredibly serious.

What we are talking about are serious issues. These are issues that can affect us all. I have seen the effects of very small amounts of radiation escaping from the system. Deliberate efforts to create radiation issues with something such as a dirty bomb would be devastating to anyone in the areas that was hit by it.

We might not see it today. It might not be something that kills everyone in its surroundings, but it would kill the initiative of people to live in that area. It would take away so much from any community affected by it.

When we talk about the act, are we taking it seriously enough? Have we identified any criminal offences that could be put against people who might, without malice or intent to injure or create serious bodily harm, simply make mistakes or do something that was wrong with the material moving through the system?

Let us remember that there are thousands of sources of radioactive material around the world. There are thousands of sources of radioactive material in Canada. The problem is very large. Would this act give enough impetus to those who are in charge of radioactive material any sense of their mistakes or apprehensions, or perhaps cover criminal activity in selling it to someone else or in dealing with it in a bad fashion, even not with the intent to injure or kill? Would it cover completely what we want to do with those types of people? That would be my question with the legislation. That is why I am standing here today and talking about it. It is important to have debate and discussion over these types of issues.

I notice the Conservatives have not spoken up on the bill in front of us to explain to their constituents and to us in Parliament how they feel about this issue. Simply to push it through without debate and without understanding is not the thing to do. We need to understand the issue. We need to explain to Canadians what we are doing, how it works and what the legislation is intended to accomplish. If we simply say we will push it through and someone else can take care of it, and we simply fulfill our role under treaty obligations, we do not know if we are doing enough to protect Canadians, because we do not understand this issue that well.

Is that what is happening here with this question as we stand up and debate this subject in Parliament? I find that reprehensible in some ways, and that attitude should be looked at very carefully by all members of the House. When we talk about this issue, there are many things to say. I have said what I really wanted to say about it because we want a full discussion of those issues at committee. It is not good enough that the Senate has done it; we are elected members. We need to make sure that the work that is done is correct.

I hope that all members will enter into thought about this issue. It is serious. It is one of the more important items that have been brought forward to protect Canadians in my time here in Parliament.

We speak about protecting the victims of crime. This is a great opportunity to do just that, because these are preventative measures. It is not good enough to have a bill that simply deals with the after-effects of criminal activity in this regard; we need to prevent this type of activity from happening.

Nuclear Terrorism ActRoutine Proceedings

March 18th, 2013 / 5:55 p.m.


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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, we are talking about nuclear terrorism, which is not a trifling matter. The member for Drummond raised a point earlier that got a reaction from the member opposite.

It really is a question of negligence because the bill originated in the Senate. The government is negligent for not introducing the bill and for not implementing serious measures. If we were talking about the transportation of gold, I believe that much more effective measures would be implemented to prevent the gold from being stolen. There is also negligence because we are not yet members of these international organizations that are leading the way.

Who is manufacturing nuclear weapons? It is not ordinary citizens sitting around their kitchen tables. We should go straight to the source to find out who is transporting nuclear materials and who is manufacturing them. It would be much easier to protect national security that way.

Does the member not believe that we should go straight to the source to prevent the theft and illegal sale of nuclear materials?