Bill S-9 (Historical)

Nuclear Terrorism Act

An Act to amend the Criminal Code

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.

Nuclear Terrorism Act

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, there are several responses to that question.

On the matter of the closing of the embassy, as I said and wrote at the time, I supported the four considerations that led the government to consider closing the embassy, namely the question of the nuclear weaponization program, the incitement to genocide, the terrorist character, and the massive domestic repression.

As to the specific issue of the closing of the embassy, it is quite interesting and timely that yesterday evening I attended the annual meeting of the International Center for Human Rights in Iran, a Canadian-based NGO composed largely of Canadian Iranians. The predominant view last night was that while it may cause a certain inconvenience to Canadian Iranians in regard to certain consular activities, on the whole they supported the decision because of their great concern that the Iranians were using their Iranian embassy here in Canada for illegal activities to intimidate Iranian Canadians here as well as their families back in Iran. As well, the Italian government, which has been given the representative capacity of pursuing Canadian concerns, can do that, which the Canadian embassy in Iran was effectively being precluded from doing with any kind of effective diplomatic engagement.

Having said that, none of that affects our need and responsibility to engage in the whole framework of multilateral negotiations. Therefore, whatever position one takes on the closing of the embassy, that should not deflect us away from or preclude our appreciation of the fact that Canada can play a role with respect to the multilateral negotiations to combat the nuclear weaponization program in Iran, which underpins as well its state-sanctioned incitement to genocide and leverages its massive domestic repression and terrorism. It can do so through the framework I outlined earlier with regard to the eight points that Canada can play a role in.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, since the hon. member was here at the time, I would like him to tell us about the government's vision when these treaties were ratified or presented for the first time, in 2005.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, at the time, we did support these treaties and, at the same time, we supported their ratification.

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

Mr. Speaker, I want to thank my colleague to my left who identified some potential failings with this bill that need to be addressed in committee. In particular, I would like his comments on the apparent failing of this bill to identify as terrorists state organizations acting as the military, which may in fact be performing roles that we in Canada would define as terrorism and, in the case of Iran, may be terrorizing an entire region of the planet. This bill would appear to exempt those kinds of state-sponsored terrorism from any actions that Canadians could take in our own Criminal Code and actions to deal with those state-sponsored terrorists in other nations.

I would ask the member to comment.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, that would underpin my entire approach to saying that the Canadian government must list the Iranian Revolutionary Guard Corps as a terrorist entity. As all studies have shown in this regard, as I mentioned in my remarks, the IRGC has emerged as the epicentre of the fourfold Iranian threat that I described and is particularly engaged both in the matter of nuclear proliferation and international terrorism. Should it be characterized as a military organization rather than as the terrorist entity it is, then it could somehow find a loophole to be protected against the application of this legislation.

In that regard, we must therefore move with all deliberate speed, which I have been suggesting for years, to list the IRGC as a terrorist entity under Canadian law. In fact, when the Canadian government closed the embassy in Iran, I listed four initiatives that could have been taken, apart from closing the embassy, which would have had compelling impact: number one, listing the IRGC as a terrorist entity; number two, holding Iran accountable for its state-sanctioned incitement to genocide; number three, holding to sanction those engaged in massive human rights violations; and number four, engaging, as I said, in a much more active way in combatting the nuclear proliferation program in Iran.

Those are the activities we still must undertake, and they are more important than the issues of simply closing the embassy in Iran because they would have substantive effect in terms of our combatting overall the fourfold threat that Iran represents, in particular its nuclear proliferation threat that is underpinned by its genocidal incitement threat, as well as its international terrorist conduct, in which not only the Iranian Revolutionary Guard Corps but its terrorist proxy Hezbollah also has been engaged. While we have put Hezbollah on the terrorist list, we might encourage our European counterparts to do the same.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like my colleague to comment on the need for legislation at this time, from his perspective, and where we should go from here to deal with this very important issue.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, this legislation represents a first step on the domestic level with regard to the implementation of our obligations under international treaties, which now finally, belatedly, will be both ratified and implemented.

However, it represents only a first step and it deals only with the domestic criminal law enforcement step. It does not deal with the overall, multilateral involvement that is required of us in terms of combatting the overall nuclear proliferation danger, as well as all the others I have mentioned.

We need to go beyond this legislation, which is effectively, importantly, a domestic law enforcement tool that does not deal with the important, compelling, international, multilateral arms control and disarmament initiatives we need to be taking.

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

Mr. Speaker, I will be sharing my time with the member for Timmins—James Bay.

The bill fulfills Canada's treaty obligations to the UN under the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism, including extending international measures and beyond protecting against proliferation to now include the protection of nuclear facilities. Also, it reinforces Canada's obligation under the UN Security Council Resolution 1540 taken in 2004, to take and enforce effective measures to prevent the proliferation of nuclear materials as well as chemical and biological weapons.

At the outset, let me say that we generally support the bill. We think it is about time that the government actually lived up to its obligations under the UN, but we have some reservations about the scope of the bill.

I also want to point out that the government with its law and order agenda has an overarching propensity to deal with law and order as its prime focus. This is just one of 14 bills, I believe, that have reached the House dealing with crime or crime and punishment, or defining crime. There are many of them. There were bills about megatrials, human smugglers, mandatory minimums, military justice, the gun registry, citizens' arrest, criminal and electronic communications, human smugglers, elder abuse, accountability of offenders, RCMP accountability, the faster removal of foreign criminals, terrorism and nuclear terrorism, which would lead one to belive that perhaps Canada is going through a spate of crime that is out of proportion to everything, because these bills are out of proportion to what we are doing here in the House of Commons.

However, that is not true. The facts suggest otherwise, that crime is on the decline in Canada and has been on the decline since before the government took office. Focusing on laws to scare Canadians into thinking that crime is on the rise and making the criminal justice system harsher and less flexible is not the way to go. On this side of the House, we believe that a flexible and more systematic approach to crime is a better of dealing with it.

The bill is necessary and we agree it is necessary to adopt these laws, to abide by our agreements with the United Nations, to deal with the Convention on the Physical Protection of Nuclear Material, et cetera. However, let us talk about what things are still missing from the government's agenda while this bill is front and centre.

The government is making illegal certain acts of terrorism involving nuclear materials. Bravo. Canadians generally are glad that, if people try to use nuclear or radioactive material for terrorism, they will be doing something against the law and if they are caught and convicted they will face serious penalties. However, we note there are no mandatory minimums here.

What is the government doing about other things that are terrifying Canadians? In my riding of York South—Weston there was a recent spate of killings and maimings using handguns. Last week one person was killed and two others injured in handgun violence. Over the summer, there were six funerals of Somali youth who were gunned down in acts of violence all over the city of Toronto. Of course there were the horrific shootings at a block party on Danzig Street in Scarborough, which left two dead and 23 injured. What action has the government taken to stop the flow of illegal guns at our border?

It is all well and good to pass laws making terrorism and nuclear terrorism illegal, but if our citizenry is being terrorized by other things, what are we doing about that? What actions are being taken to get the guns that are already there off the street? There is no bill before us on that topic.

The government passed Bill C-19, which cancels and will destroy the long gun registry, so less will be known about what guns are out there, and people are fearful. People in my city are fearful about what that will mean for their personal safety. They are more fearful than they were before the Conservative government took power.

In my riding of York South—Weston the bill does nothing to prevent another thing that is the single biggest crime in my riding right now, the theft of cellphones and other electronic mobile devices. Kids are being mugged and people are being injured, and yet nothing is happening from the government. The solution is simple. Make it illegal to activate phones reported as stolen, and I brought forward such a motion in the House of Commons.

So far the government is silent on things that are terrifying people, that are making people feel they are less safe than they were yesterday. Yet, we are here discussing nuclear terrorism.

It also takes aim at the risk of the environment being threatened by nuclear terrorists. Again, bravo. Canadians are worried about the environment. They are worried about the climate changes that have been felt most recently from Hurricane Sandy doing damage to both the U.S. and Canada.

What else is the government doing about the environment? The definition of the environment in Bill S-9, this bill, is almost identical to that found in the new environmental assessment act. Essentially,

“environment” means the components of the Earth, and includes (a) land, water and air, including all layers of the atmosphere; (b) all organic and inorganic matter and living organisms; and (c) the interacting natural systems that include components referred to in paragraphs (a) and (b).

Bravo, again.

If a nuclear terrorist threatens any of these elements of the environment, they can be charged with an offence, and if convicted, they can face serious time. However, if they do something, the environmental effects of these actions cannot hurt any living organism, including humans. That is not so for the way that the government treats its own projects.

The definition of environmental effect in the new environmental assessment act is only about those impacts on fish, migratory species and birds. If a federal project harms the environment in such a way that human health is threatened, apparently the government does not care. Human health is no longer protected by the Environmental Assessment Act.

Bill S-9 protects human health. It therefore protects the environment better against harm than the environmental assessment act. Nuclear terrorists are treated more harshly than government projects or other projects that are of large scale and large effect and that can in fact harm the environment. Most of those projects are not nuclear terrorism, so nothing is wrong with harming human health, says this Conservative government.

Bill S-9 is a necessary part of living up to our obligations to the UN. We like the UN. We wish we were part of the Security Council. We wish we lived up to all of our obligations. One of those obligations is the Convention on the Rights of Persons with Disabilities, which the government signed on March 11, 2010. On that date the government promised, as a result of signing that convention, to report back to the UN within two years. It still has not done it.

There has been no report on what it has done so far to help persons with disabilities. So far, the government has done things to harm persons with disabilities. One of the things that treaty with the UN says very clearly we are supposed to be doing is making it possible for persons with disabilities to have equal access to information, equal access to the Internet. Yet, the government, in its last bill, removed community access funding. It therefore cut off thousands upon thousands of disabled individuals from having access to the Internet, which they had grown used to under that plan, and it is no longer available to them.

The government has apparently failed the disabled, and failed, again, one of the very important things we have signed with the UN. We agreed with the UN. We thought we would make life better for the disabled, with every measure we took and with everything we did. Yet, we have the government acting in opposition of that promise to the UN.

In addition, the bill does nothing to deal with one of the most pressing needs in my riding, and that is affordable housing. The bill is all about safety and security, but safety and security is one of the things that is most missing in my riding with regard to persons living in supported housing in the city of Toronto.

Fifteen years ago, the Liberal government got itself out of supported housing, and the federal government has done nothing to move back into that role. The City of Toronto is facing a $750 million deficit in terms of repairing these buildings, and thousands upon thousands of people are on waiting lists. Yet, we can do nothing about it. This is part of the safety and security of individuals in my riding in the city of Toronto, and in Canada as a whole.

However, the most important thing facing us is nuclear terrorism, according to the government. We have done absolutely nothing to assist those people in this country to feel more secure in where they live.

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

Mr. Speaker, these obligations go back to 2004, and no steps have been taken to ratify them until now.

The government seems to have a very mixed attitude toward the United Nations. It has tried to get on the Security Council, and they were turned down, many said, because of the government's attitude on key issues. We have heard backbenchers attack the United Nations. We have seen the Minister of Foreign Affairs ridicule it.

I would like to ask the hon. member if he is concerned about Canada's long-standing tradition of multilateralism being undermined by a government that seems to be very hostile towards our most important international body?

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

Mr. Speaker, as for Canada's role in the world, one way of putting it is that we have always punched above our weight. However, since the government took office, we are less able to have an influence in the major and underlying issues facing this planet. Nowhere was that more evident than when we were rejected for a spot on the Security Council.

I am a supporter of the United Nations. I prefer to think that the United Nations is a place we can go to have large-scale discussions about the ills that face the world. Canada should be a part of that process.

More and more, since the government has taken office, we seem to be pushing ourselves to the outside of the UN. We do not want to make speeches at the UN. We do not want to abide by our commitments. It has been seven years since the commitment to the UN was made. It has been almost three years since the commitment on the persons with disabilities was made, and there has been no report from the government on that commitment.

[David Anderson, Conservative, Parliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board]

Mr. Speaker, I was concerned as I listened to the member touch on a whole host of issues that are not directly related to this bill. However, I guess he has the right to do that.

I want to speak specifically to the issue of the flow of illegal guns into this country. The member was basically accusing the government of having done nothing on that, in spite of the fact that we have put increased resources into that at the border. We have increased sentencing for gun crimes because we felt that was an important thing to do in this country. We have armed officers at the border in order to protect them better, as well, and we have been screening arrivals and making sure people are checked so that the flow of guns is stopped.

The member also mentioned that the gun registry was shut down and seemed to somehow try to link that to handguns. I do not know if the member is aware, but the handgun registry has been in place for decades and it continues. The long gun registry does not affect handguns. If the member is talking about handguns in his riding, he should be clear and should not be misleading his constituents into thinking that somehow the government has not done anything with the handgun registry.

I have a specific question. It is the member's opinion that people feel they are less safe today than they were years ago. I am just wondering, if that is the case, why have the NDP members opposed every initiative we have brought forward in order to protect people and make them feel more safe in their own homes and communities?

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

Mr. Speaker, the problem with the actions that the government has taken is they do not make people feel more safe. That has been the problem.

The government has taken action to remove a long gun registry, which in fact police were using every day. It has taken steps to make penalties for using guns harsher. I am not aware of too many criminals who read the law before they take a gun and shoot somebody. That is not what goes on in the minds of criminals.

What is necessary in order to make people feel safer is safer and more secure housing, and safer and more secure streets, which may mean we need some proactive way to get at the proliferation of handguns.

When I go into a high school and half of the children there admit to owning a handgun or knowing someone who does, there is something wrong with our society. When the proliferation of handguns is that pervasive that high school students think nothing of owning a handgun, there is something wrong.

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

Mr. Speaker, as always, it is a great honour to rise in the House of Commons, the house of the common people of Canada, and to represent the people who elected me in the region of Timmins—James Bay, whom I have great respect for. I take my role in this debate very seriously. We are discussing something of great importance that cuts across all party lines. It is an international concern about dealing with the proliferation of nuclear materials that could be used in terrorist attacks and in illegal ways.

Bill S-9 is an attempt by Canada to ratify commitments that were made at the United Nations, eight years ago, on the Convention on the Physical Protection of Nuclear Material. That was amended at the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism. It is unfortunate that we did not move to ratify this earlier, but we are dealing with it now, so let us get down to business.

Ensuring that all countries are in compliance with the legal codes necessary to deal with those who would attempt to misuse or get access to nuclear materials is, of course, a major issue domestically. However, there is no such thing as being reactive when it comes to nuclear materials. It only takes one case, which could have catastrophic implications. There is the need to be proactive and multilateral, for Canada to take a place on the world stage, where we once were recognized for trying to get rid of weapons. It is the ease of access to materials that is like playing the dangerous game of Russian roulette.

I will talk a bit about the bill, but I want to talk about two issues that have recently come to light with regard to how nuclear materials are being used. One is on how they are clearly being used in an illegal manner, and the other is how they are being used perfectly legally. I will talk about the illegal manner.

There was the recent assassination of the Russian Alexander Litvinenko, who was poisoned with polonium-210. Mr. Litvinenko was a critic of Vladimir Putin, and a major investigation was undertaken. It was interesting that at the time British authorities were quoted in the media saying, “we are 100% certain who administered the poison, where and how”, yet nobody was ever extradited for this, and life went on. The British doctors who dealt with Mr. Litvinenko when he was dying said that his murder represents an ominous landmark, the beginning of the age of nuclear terrorism.

After the fall of the communist regime that had become very much a corrupt oligarch, there have been attempts and hope throughout the last 20 years for Russia to move forward. However, there are real concerns about what is happening there right now. Three young women were recently convicted of the crime of embarrassing the Russian ruler with a piece of theatre. Yekaterina Samutsevich, Nadezhda Tolokonnikova and Maria Alyokhina were all arrested, convicted and sent to penal colonies. Yekaterina Samutsevich was finally released, but the other two young mothers, in their early 20s, are now serving hard labour in penal colonies for the crime of having embarrassed the oligarch Putin. This happened in 2012.

What is also very sad and shameful is that, along with Mr. Putin attacking these young women artists, he was actually backed by the patriarchs of the Russian Orthodox Church who felt they had also been embarrassed. For a church that has been persecuted by the Soviet Union, we would have hoped the leadership of the church would have called on Mr. Putin not to use the power of the state to try to crush artists. It is the role of the artist to perhaps say what the media and other people are unwilling to say. Yet, two young dissident women are suffering right now in a penal colony in Russia, in 2012. Very little has been said internationally, and Mr. Putin carries on. The murder of Mr. Litvinenko, the lack of action to find out who did it and the fact that it involved nuclear material is very concerning.

For the young women of Pussy Riot, we do need parliaments and political leaders to stand up and say that the right of dissent, the right of art must be protected around the world, even in the world of Vladimir Putin.

I will now turn to another issue in terms of nuclear proliferation, something that is perfectly legal right now but certainly does not meet the tests of international law, and that is the use of depleted uranium by NATO and U.S. military forces.

Obviously, depleted uranium is being used as tank busters and were used to a great extent in the first Gulf war, in Afghanistan and in the invasion of Iraq. It makes it very easy to blow up a tank with a large depleted uranium shell but uranium is extremely toxic and poisonous to the atmosphere. It destroys the landscape because it poisons it forever. We are now seeing, in areas like Afghanistan and Iraq, the effects of this, particularly in Fallujah . There are real concerns about catastrophic levels of birth defects and abnormalities being reported by media following the U.S. attack on Fallujah in 2006. Dr. Samira Alani, the pediatric specialist in Fallujah, said that she personally has logged over 700 birth defects in children who were born with severe abnormalities and children who died as a result of exposure to some form of radiation. The only radiation we can think of is the use of these depleted uranium shells. That is unconscionable.

What is also unconscionable is that as we are talking about trying to limit access to these materials because they could be used in terrorism, we see that the U.S. nuclear regulatory commission has established a general licence for the use of depleted uranium. Everyone can get a general licence as long as they promise they will not lose any of the stuff.

Nationally and internationally, we need to get our heads around this and say that we must get uranium away from being used in nuclear forces because all over the world we are seeing countries, which have access to weapons-grade uranium and nuclear materials, that are unstable. Some former regimes have collapsed and some of the new people should not have access to this material. The potential is catastrophic. It has been one of the great fortunes of the world that over the last 50 years these weapons have not been used, even accidentally, and we should all be grateful. It has to go back to the fact that there still is a lack of action at the international level to insist that we move toward removing these weapons and materials so that they cannot be used incorrectly.

The New Democratic Party supports moving the bill to committee and feels that it is important to do so. Obviously, people who are attempting to trade in nuclear materials need to be punished to the full extent of the law. However, it is the role of multilateral engagement that Canada has traditionally played the role of honest broker in the world in order to bring the various parties to the tables to say that we need to start, not only lowering the level of intercontinental ballistic missiles but we need to deal with issues like depleted uranium shells. We need to start taking the materials out of circulation in order to protect the common good.

As we have been waiting eight years for this legislation to come forward, we accept it and will move forward with it, but we are calling upon the government to understand that reactive does not work when it comes to nuclear issues. The only real response of any credible nation in the world today in 2012 is to be proactive. We are calling upon the government to take the proactive lead to move toward multilateral disarmament on nuclear issues, including the depleted uranium shells that are still being used.

I look forward to carrying on this debate. This is the kind of discussion that belongs in our House and what we should be spending our time on as members of Parliament.

[The Deputy Speaker, NDP, Joe Comartin]

The member for Timmins—James Bay will have five minutes of questions and comments when the debate resumes.

The House resumed from November 5, 2012, consideration of the motion that Bill S-9, An Act to amend the Criminal Code, be read the second time and referred to a committee.