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

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, the member for Hamilton Mountain very ably outlined the reasons why this needs to be debated in the House. It is irresponsible not to take a good hard look at a bill and see whether amendments are required.

In talking about unanimous consent to move this bill along, it is interesting that the Conservatives have been in power since 2006 and have had ample opportunity to bring this bill forward for debate. If we want to talk about delays, let us talk about what they have been up to.

When the member started her speech, she talked about the fact that this week we are celebrating International Women's Day and mentioned specifically that women certainly have a role to play in peace in the world. UN Resolution 1325, which we translate into “no women, no peace”, talks very clearly about how women have to be involved in any kind of peace process. I am a very proud member of PNND.

I wonder if the member could speak specifically to what else she would have liked to have seen done in this particular instance when dealing with Bill S-9.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I rise in the House today in support of Bill S-9,, an act to amend the Criminal Code, the nuclear terrorism act. As I just said at the outset, I will be supporting the bill.

Before I get into the substance of the bill, I want to take a moment to talk about the corsage that I and indeed all women MPs in the House are wearing today. It was a gift from Equal Voice, an all-party not-for-profit organization that is dedicated to electing more women to all levels of political office in Canada.

On the day before International Women's Day, I am proud to accept and wear the carnation it has so generously given us to celebrate our election to Parliament. However, I also accept it as a call to action, and I would be remiss if I did not note that women's participation in elected politics is still woefully inadequate. Women are more than 50% of Canada's population but currently constitute only 25% of the members in the House, and that is simply not good enough.

In the NDP caucus, that number is significantly better. In fact, at 40% it is the best of any of the recognized parties in the House, but we did not get here by accident. Our party adopted action plans to break down barriers for women in politics, and our leaders have had the political will and commitment to make that happen. My point here is that there is a lot more that the Canadian government needs to do to remove the barriers, so women can realize economic, political and social equality in our country.

I would be less than honest if I did not express some disappointment that on this eve of International Women's Day, we are debating Bill S-9, which could have been debated long ago, instead of focusing on issues like violence against women, the lack of affordable housing, poverty or any of the other myriad issues that are still so pervasive in our country. We all need to be vigilant and tenacious in our fight for further sustainable change when it comes to women's equality.

The treaties we are talking about today could all have been ratified a long time ago. Nonetheless, here we are dealing with the legislation that the government has deemed more important to debate than women's equality today, and that is Bill S-9, an act to amend the Criminal Code, nuclear terrorism. As many of my colleagues have already pointed out, the bill fulfills Canada's treaty obligations under the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism. This includes extending international measures beyond protecting against proliferation of nuclear materials to now include protection of nuclear facilities, and it reinforces Canada's obligation under UN Security Council resolution 1540 from 2004, to take and enforce effective measures to prevent the proliferation of nuclear materials as well as chemical and biological weapons.

In a case where the implementation of a treaty requires amendments to Canadian legislation, the treaty is ratified only when such amendments or new legislation have been passed. To date, Canada has not ratified either the ICSANT or the CPPNM amendment. That is because Canada does not yet have legislation in place to criminalize the offences outlined in the ICSANT or some of the offences outlined in the CPPNM amendment. The amendments Bill S-9 introduces into the code represent Canada's efforts to align its domestic legislation with what is required by both of those conventions.

If these amendments became law, Canada would be in a position to ratify both the ICSANT and the CPPNM amendment. I would hope we would indeed move expeditiously to do just that as soon as this law is passed. Having laid out what is at stake in the bill, let us now look at it in a little more detail.

The bill introduces four new indictable offences into part II of the Criminal Code. First, it makes it illegal to possess, use or dispose of nuclear or radioactive material, or a nuclear or radioactive device, or commit an act against a nuclear facility or its operations with the intent to cause death, serious bodily harm or substantial damage to property or the environment.

Second, it makes it illegal to use or alter nuclear or radioactive material, or a nuclear or radioactive device, or commit an act against a nuclear facility or its operation with the intent to compel a person, government or international organization to do or refrain from doing anything.

Third, it makes it illegal to commit an indictable offence under federal law for the purpose of obtaining nuclear or radioactive material, a nuclear or radioactive device, or access or control of a nuclear facility.

Fourth, it makes it illegal to threaten to commit any of the other three offences.

Frankly, I think most Canadians would have thought that such provisions already exist in the Criminal Code and will have been surprised to learn that they were not. To most of them it would seem like a no-brainer. Like them, my NDP colleagues and I believe we must address the issue of nuclear security and comply with international obligations to better co-operate with other countries on counterterrorism strategies.

We are committed to multi-lateral diplomacy and international co-operation, especially in areas of great common concern, such as nuclear terrorism. Canada, along with our international partners, must do what we can to protect Canadians from all forms of terrorism and protect global security.

I have read through some of the testimony from the Standing Committee on Justice and Human Rights, the committee that studied this legislation, and I would like to draw the attention of the House to the spine-chilling testimony of Professor Matthew Bunn. He is the associate professor of public policy at Belfer Center for Science and International Affairs at Harvard University. Let me share what Professor Bunn said to us:

The danger of nuclear terrorism remains very real. Government studies in the United States and in other countries have concluded that if terrorists manage to get enough highly enriched uranium or plutonium, they might very well be able to make a crude nuclear bomb capable of incinerating the heart of a major city. In the case of highly enriched uranium, making such a bomb is basically a matter of slamming two pieces together at high speed. The amounts required are small, and smuggling them is frighteningly easy. Should terrorists succeed in detonating a nuclear bomb in a major city, the political, economic, and social effects would reverberate throughout the world. Kofi Annan, when he was secretary-general of the United Nations, warned that the economic effects would drive millions of people into poverty and create a second death toll in the developing world. Fears that terrorists might have another bomb that they might set off somewhere else would be acute. The world would be transformed, and not for the better. Hence, insecure nuclear material anywhere is really a threat to everyone, everywhere. This is not just an American judgment. UN Secretary-General Ban Ki-moon has warned that nuclear terrorism is one of the most serious threats of our time. Mohamed ElBaradei, while he was head of the IAEA, called it the greatest threat to the world.

As scary as that sounds, the fact is that between 1993 and 2011, the International Atomic Energy Agency identified close to 2,000 incidents related to the use, transportation and unauthorized possession of nuclear and radioactive material, which is why this legislation is so important. Canada must take action to support nuclear safety throughout the world, and the bill is a step in the right direction. We must respect our international obligations.

I am glad that the Conservatives have finally decided to implement the convention. I do wonder why it took them so long to introduce the bill and why they would choose to do it through the Senate. It is perhaps because the Conservatives are also no longer quite sure what the Senate's purpose is. I was taught that the Senate was a chamber of sober second thought. The Conservatives are again turning things upside down. They are now turning the House of Commons into a chamber of sober second thought. It really is Disney on the Rideau here. The Conservatives keep managing to create new illusions to keep Canadians off balance and unable to hold their government to account. I could go on at greater length about that theme, but I see that my time is just about up.

Let me conclude with one quick thought, even if I do not have the time to develop it more fully here. I would be remiss if I did not encourage the Conservatives to stop cherry-picking and get on with implementing all of the conventions that Canada has ratified. Nuclear terrorism and the protection of nuclear material are important, but surely to God so are conventions like the Convention on the Rights of the Child or the convention on indigenous rights. Let us bring the same single-mindedness to these conventions that the government brought to Bill S-9 and let us do it now.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I would first of all like to say that I will be sharing my time with my colleague, the member for Hamilton Mountain.

I am pleased to rise today to speak on Bill S-9, Nuclear Terrorism Act. It is an important issue, and one that will allow me to go a little bit beyond the specific subject matter of the bill. The NDP will be supporting this bill at report stage and at third reading. We want to promote the implementation of its provisions in Canadian law.

On the other hand, before I begin, I would like to express some reservations about the fact that the bill originated in the Senate. I will repeat what my colleague, the member for Hamilton Mountain, said when she raised this issue a little earlier and put questions to our colleague from Winnipeg North. I still believe that the Senate has no business introducing this kind of bill, even less so on an issue as important as amending the Criminal Code regarding possible sentences for nuclear terrorism. This should be done by the elected officials. In fact, bills must originate in the House of Commons, period.

International law has an important place in Canada. No one is disputing that. However, there are questions about the adoption and implementation of international conventions in Canadian law. Some countries may have different methods for incorporating standards and rules of international law in domestic law. There are basically two different methods.

Countries with a monist legal system, in general, automatically incorporate the rules of international law once they have been ratified. They become part of the country’s legislation more or less directly, and some states will grant them superior force to any other domestic law. It is a simple and straightforward method.

However, Canada does not have a monist system; we have a dualist legal system. This means that international law is not immediately applicable in Canadian law. The Canadian Parliament must pass implementing legislation before the international provisions are applicable in domestic law. In a sense, this does justice to our political system—something that is not always very simple—for two reasons.

First, our federation is made up of provinces, which have their own areas of exclusive jurisdiction and separate legal systems. Second, it is logical that the legislative body should validate in legislation something that the executive has signed. If this were not the case, it would be as if Parliament were giving a blank check to the government of the day to sign anything and it would immediately come into effect in Canada. Not only would this be unacceptable, but when we look at some of the Conservative government’s foreign-policy directions, I would be afraid of what might emerge.

We could well be told that parliamentarians hold up the implementation of certain provisions by making it mandatory that there be implementation legislation, but frankly, I am extremely pleased that we can give attentive consideration to all the provisions of international law that come in to Canada.

With regard to the subject of debate today, the amendments to the Criminal Code would affect the implementation of the criminal law requirements contained, first, in the Convention on the Physical Protection of Nuclear Material and, second, in the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism.

In short, the bill creates four new offences under part II of the Criminal Code, with respect to the possession and use of nuclear or radioactive materials or devices, acts committed against a nuclear facility or its operation with the intent to cause death, serious bodily harm or substantial damage to property or the environment, or attempts to compel a government or international organization to do or refrain from doing anything. I will not be reading all the amendments contained in this bill.

I see two main reasons we can support this bill. First, Canada is a producer of fissionable materials such as uranium. Until recently, Canada was the world's largest exporter of uranium until Kazakhstan reclaimed that title in 2009. Most of our mines are located in northern Saskatchewan. As of October 2012, Statistics Canada says that 15.2% of the electricity produced in Canada comes from nuclear plants. Naturally, these fissionable materials are moved around in Canada. And Canada has nuclear power plants.

Therefore, we in Canada are vulnerable to acts of nuclear terrorism. We cannot hide from that fact. We have been lucky until now that we have not had to face threats, but we will not always be so lucky, not with the new, stubborn, warlike foreign policy the government has adopted.

Second, it is important for Canada to express the provisions of these conventions in Canadian legislation. Then, later, we will be able to ratify them. That is important because it takes a certain number of ratifications in order for international conventions to come into force globally. It seems very complicated at first, but the purpose is simple: if more countries adhere to the treaties, it will be easier to implement them, since all countries will have the same rules to follow.

When we look at the international situation of countries with nuclear capabilities, we quickly see that these conventions are not a luxury. Unstable countries like Pakistan have nuclear weapons; in Russia's vast territory, control and supervision of fissionable materials can be extremely difficult.

Canada has been a model for other nations. The message we are sending, in ratifying these conventions, is clear: we are taking a step forward and inviting other countries to join us. Leading by example is the way to produce tangible change.

Our obligations with regard to nuclear safety are also serious. They began in 1968 when Canada signed the Treaty on the Non-Proliferation of Nuclear Weapons. Since then, Canada has been a constructive partner in controlling the proliferation of nuclear weapons, working with the UN in Geneva, New York and Vienna.

The subject may seem abstract, but the scientific advances that began with mastering atomic fission in the 1940s have not come without great danger. Even today, North Korea is threatening the United States with a pre-emptive nuclear strike. It is clear: we have a long way to go.

The nuclear security summits in Washington in 2010 and Seoul, South Korea, in 2012 have helped control nuclear weapons. The more supervision and control of the fissionable materials circulating around the world, the less chance that these materials will be misused. That is the stated goal of the next summit, which will be held in the Netherlands in 2014.

However, there is one element that cannot be ignored. In the grand scheme of things, Canada must be a party to these two conventions. There is no question about it. However, I have concerns about this government’s foreign-policy directions that are becoming increasingly belligerent, inflexible and especially devoid of compassion. We used to be recognized worldwide for our moderate and rational stances on international issues. In addition to being seen as an unparalleled mediator, we were the very picture of an older brother, who listened closely, always sought compromise and campaigned tirelessly for peace.

Seven years after the Conservatives came to power, this is really no longer the case. There can be no better example of this than the loss three years ago of our seat on the United Nations Security Council. Furthermore, our development assistance policies are inconsistent, and shot through with a really tight-fisted idea of what helping your neighbour is all about. For this government, helping your neighbour really only means helping the big mining company make a bigger profit at the expense of the developing world.

Managing foreign affairs is a delicate exercise, but the Conservatives simply do not have the skill that it takes. Now they come onto the scene with their big boots and their preconceived ideas, giving lectures to all and sundry and preaching how we are better than everyone else. This is not how you make friends, especially when we regard our partners only from a financial point of view.

Why am I talking about this now? We can tell the Conservative government that we are supporting this tangible initiative on sentences for nuclear terrorism, but we should never lose sight of the global idea of our foreign-policy interests. By acting like coarse, combative villagers in our relations with the other countries of the world, we will end up pouring oil on the fire. There are better ways of doing things, and I believe the legacy of former Prime Minister Pearson must still serve as a guide.

We are not a major world power; we never have been. We are a middle power, with many natural resources, and an educated, resourceful and open-minded populace. I think Canadians are our greatest resource. In international relations, it is not just a question of trade and money. There is what Canada can bring to the table: ideas, responsiveness and compromises. There is still time for Canada to get back into multilateral forums with our international partners. In my view, it would be better for us to reach our goals with our allies, rather than against them.

Unbelievably, very few people agree on the literal definition of terrorism, because it involves unpredictable acts with many different causes. It is not just a question of religion or politics.

I am afraid that we are making the problem worse, with our one-dimensional foreign policy that is oriented solely toward money and that is totally insensitive to cultural, political and social demands. That hurts everyone and, much to the Conservatives’ dismay, it also hurts the economy.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I have been listening to the debate all day, with great interest. I want to follow up a bit on the events of last night and relate them to what is happening in the House today.

Yesterday, the NDP brought forward a very important motion in the House calling for the abolition of the Senate. We had a very interesting vote. Both the Conservatives and the Liberals voted to maintain the Senate, and only the New Democrats voted to abolish it.

Today we are faced in the House with a debate on a bill that is entitled Bill S-9, as opposed to C-9, indicating that the bill originated in the Senate. I would suggest that when it comes to nuclear safety and we are talking about keeping citizens of our country safe, that this might be something worthy of talking about first in the democratically elected body, which would be the House of Commons. Yet, clearly that did not happen here. Once again, the parliamentary process has been turned on its head. It used to be that we thought of the Senate as the chamber of sober second thought. I am pleased to see that clearly the Conservatives do not think it fills that role either because, in fact, they are now getting the Senate to introduce the bills, not to act as a check. We have been saying all along that the Senate should not, nor does it, fulfill the role of being a check on what happens in the House of Commons.

Since my hon. colleague from the Liberal Party actually voted in favour of supporting the Senate last night, I wonder whether he might explain why he thinks it is appropriate that a bill as important as one that is entitled an act to amend the Criminal Code with respect to nuclear terrorism should originate in the Senate as opposed to in the House of Commons.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to pick up on that last point. It would be wonderful if we saw the Prime Minister and his ministers see the benefits of bringing forward legislation through the House and introducing it for the first time in the House. That would be my first preference.

Having said that, in regard to Bill S-9, it went through the Senate first. Right away, I think of Senator Dallaire who has done a phenomenal job representing our country both in Canada and abroad. I think he has a great deal of background, a level of expertise that he brings to the table to at least get the bill going. That is something we have wanted to see for a number of years. At least the Senate has played some valuable role in ensuring that we have the bill before us today.

When the Prime Minister formed government in 2006, he was presented with a balanced budget, a trade surplus and all sorts of wonderful things of that nature, of which many Canadians would be very much aware. However, he was also provided with other things such as the Kelowna accord and a great child care program policy, and then there is Bill S-9. The bill actually stems from an agreement that would have been signed by the member for Mount Royal. While he was a minister, there was an agreement that was signed and there was expectation that shortly afterward the legislation would be introduced to ratify the agreement.

When the Government of Canada signs an agreement, there still is an obligation for federal legislation. In this situation I believe that Canada ultimately played a role in coming up with what we believe were some fairly important resolutions, with the great assistance of the former prime minister, Paul Martin, and the member for Mount Royal, who were able to work with other world leaders and others who truly cared about this issue with the United Nations. Even though the resolutions were signed, for all intents and purposes they cannot be ratified until the legislation is introduced and passed through the House.

It is unfortunate that it has taken the government this long to recognize the value of what was done back in 2005. We have indicated, whether at second reading or today at third reading, that we would like to see the legislation pass. We recognize that it would ratify agreements that were signed under the former government of Paul Martin.

Many, including me, would argue that Canada has a very important role to play when it comes to the potential of international nuclear terrorism. Canada should be playing a leadership role. We have the expertise. I think there is the political will, for the most part, and many countries around the world recognize what it is that Canada has to offer. Not ratifying or passing a law in a more timely fashion does tarnish that leadership role I am referring to, and that is a loss of an opportunity.

When we think of the impact of the nuclear industry, there is the good and there is the bad. That impact is quite significant here in Canada. We have what I would term as civil purposes or civil use of nuclear power, and then we would have military use. I ultimately argue a third point, that the terrorist today is quite different from many years ago. For all intents and purposes, it was 9/11 that seemed to really awaken the world in a significant way to the degree in which there was a great deal more discussion on the potential harm to large numbers of people in any community throughout the world through terrorist acts.

More and more, we hear about the potential of nuclear terrorism. So it only stands to reason that the United Nations has picked up on that file. From what I understand, between 2001 and 2005, there have been four significant treaties, and I would like to go through those treaties, or at least make reference to them. The United Nations recognized the changing times and the threat of terrorism.

Prior to 9/11 when people thought of war and nuclear bombs, they would think of things like Hiroshima. It was a horrific time in history in terms of how much damage one bomb could cause and the horror stories that came from that. At the end of the day, many would argue that it assisted in ending a war, and hopefully we learned something from the horrors of the two bombs that were dropped. Many of us would recall the Cuban missile crisis and the impact that was talked about back then, when President Kennedy was involved in a critical two weeks.

Today, the talk is quite different. We get ultimately some nations in the world that would love to be able to acquire the technology to have some form of nuclear bomb or use the attributes of nuclear technology to ultimately cause a great deal of harm to a lot of innocent people through terrorist actions. I believe it is very real today. That is one of the reasons it was comforting, I believe, a number of years ago when we saw resolutions being discussed.

There was the Treaty on the Non-Proliferation of Nuclear Weapons that took place decades ago, as responsible governments around the world recognized the potential of nuclear bombs and possibly the window of nuclear terrorism, even back then when the idea was to reduce the amount of potential threat in the world. That is the essence, from what I understand, of why that agency was created in the first place.

Again we go back to 9/11. Following 9/11 the UN had a series of meetings, and there were four that I want to point out.

United Nations Security Council resolution 1373, which was passed back in 2001, required member states to adopt certain anti-terrorism legislation and policies, including those to prevent and suppress the financing of terrorists acts: freezing the financial resources available to terrorist organizations; suppressing the supply of weapons to terrorist organizations; and denying safe haven to those who finance, plan, support or commit terrorist acts. It also called on member states to become parties to and to fully implement the relevant international conventions and protocols related to terrorism as soon as possible.

In Canada, many of these acts were criminalized and reclassified as terrorist activity as a result of the Canadian Anti-terrorism Act, back in 2001.

United Nations Security Council resolution 1540 was adopted in 2004 and focused specifically on nonproliferation of weapons of mass destruction. It asked member states to take steps to prohibit non-state actors from acquiring nuclear weapons and to put into place additional controls on nuclear materials. It also asked member states to adopt and enforce effective domestic controls to prevent the proliferation of nuclear, chemical and biological weapons; to adopt legislation to prevent the acquisition, use or threat of nuclear weapons by state and non-state actors; to extend such criminal legislation to apply to citizens extraterritorial; and to include internal waters, territorial waters and airspace in the territory from which nuclear weapons would be prohibited.

In fact, we can see each of these steps in Bill S-9. As I said, this is a resolution that was passed in 2004 by the United Nations Security Council.

The International Convention for the Suppression of Acts of Nuclear Terrorism, which was adopted in 2005, was the first international convention related to terrorism open for signature after 9/11. It builds on both the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Terrorist Bombing.

The International Convention for the Suppression of Acts of Nuclear Terrorism is comprehensive and contains detailed language on what particular aspects of nuclear terrorism should be criminalized. It is the inspiration for, many would argue, the bulk of what Bill S-9 is all about.

The other agreement, the Amendment to the Convention on the Physical Protection of Nuclear Material, came out of a diplomatic conference convened in July 2005, three months after ICSANT, the International Convention for the Suppression of Acts of Nuclear Terrorism, actually met. The Convention on the Physical Protection of Nuclear Material was signed in Vienna, Austria in March 1980. It is the only legally binding undertaking in the area of physical protection of nuclear material and establishes measures related to the prevention, detection and punishment of offences related to nuclear material.

Given the age of the CPPNM, the 2005 meeting was meant to update and strengthen its provisions. The CPPNM amendment would require states to protect their nuclear facilities as well as nuclear material used, stored and transported domestically, rather than protecting only nuclear material transported internationally, as the CPPNM currently requires.

Earlier I posed a question to the minister with regard to the government working with the different provinces. We have provinces that provide power to their citizens through nuclear energy. There are real threats there. I asked the minister the question to get an indication of the degree to which the government has some sort of formal communication with the different provincial jurisdictions this might actually apply to. I was somewhat surprised to hear that the minister was not aware of any. I assumed that it would have been the case. There is a responsibility for us to think not only about outside the country but about within it, where nuclear energy is being utilized.

Bill S-9 also attempts to criminalize certain offences related to acts directed against nuclear facilities.

Nuclear energy and the potential for the scientific research done with this energy is quite significant. It not only provides many jobs, but it saves lives. Medical isotopes, for example, are used throughout the world. Many of the materials come from Canada. It would be a shame for us not to support and encourage that industry, because in many ways, it is a wonderful thing for Canada. Canada can, indeed, play the leading role.

It is important, whether it is isotopes or nuclear power plants, that we carry out the due diligence and work with the provinces and the industry to ensure that we are minimizing any potential threats. It would be wrong for us to believe that we have nothing to worry about. It only takes one person with a corrupt mind to cause a great deal of damage. That is why I think there are things we can do, as a national government, to work with and assist the provinces in coming up with backup and emergency plans. I also believe that Canada can and must play a stronger leadership role on the whole nuclear file, because we have a great deal to offer. We have the science and the technology.

Many might be surprised to know that Canada has been dealing with nuclear energy and materials since the early 1940s. It was in the early 1960s that we actually started to use nuclear power. We have a relatively safe environment compared to many other countries in the world. There is a great opportunity for Canada to demonstrate to the world that the elements of nuclear energy can be a positive thing if used for the right reasons.

Unfortunately, there will always be those who want to cause harm. What we have to do is minimize that. The member for Mount Royal and the efforts he has made, along with many others throughout the world who came up with these United Nations resolutions, went a long way toward making our world a safer place.

To that extent, it would be nice to see the legislation pass so that the deal can finally be ratified.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I will begin by responding to the Parliamentary Secretary to the Minister of National Defence.

For the past hour and more, we have been hearing different views on Bill S-9. We have the impression that he wants to force us to target specific countries. I think that stigmatizing one country in relation to another goes well beyond the scope of this bill. Parliamentarians are not here to stigmatize a particular country.

I rise to speak on Bill S-9, which is at third reading. Its short title is the Nuclear Terrorism Act, which amends the Criminal Code to reflect the requirements of two international conventions that Canada signed in 2005.

Since then, we have been struggling miserably to ratify the two conventions. These are two international conventions: the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

In this regard, we must continue to bear in mind that Canadians in particular have enormous concerns about nuclear weapons, and that they attach great importance to international security. This is true for Canadians, as it is for everyone around the world.

I would also like to point out that international security in general is a major concern for the NDP members.

This bill amends Part II of the Criminal Code to create four new offences.

We mentioned it earlier and we will mention it again: why did the government wait seven years? Everyone may well ask.

Bill S-9 is before us today, but these two international conventions were signed in 2005. Canada signed these conventions, but did not ratify them. Because Canada has not yet ratified these two international conventions, we have lost credibility on the international scene, as my colleagues pointed out.

The Conservatives have been in power since February 2006. Nevertheless, they did not consider it necessary to make this bill a priority, something that was confirmed by the Minister of Justice when he appeared before the committee. I read it in the transcripts.

In fact, even though the previous governments were not majority governments, they did not take reasonable care to make this bill a priority and give Canada an opportunity to be a leader in international security.

I do not want to speculate on why they procrastinated, but the consequence is that other countries think we are weak in terms of leadership.

Ratifying these treaties will encourage other countries to take steps to ratify them as well. We will be taking a step toward enhancing security throughout the world.

We should have made these conventions a priority and ratified them as quickly as possible, so that the rest of the world would see us as leaders, not as followers.

Furthermore, given that we are at third reading, it is relevant to take a look at the work of the Standing Committee on Justice and Human Rights. Three meetings were held to consider this bill. The evidence that I read was all very interesting. However, I remember particularly the evidence provided by Matthew Bunn, associate professor or public policy at Harvard University’s Belfer Center for Science and International Affairs.

The testimony he gave via videoconference during a committee meeting on February 13, 2013, was very interesting. I would like to share one of his most intriguing statements:

...if the United States and Canada are to succeed in convincing other countries to take a responsible approach to reducing the risks of nuclear theft and terrorism at the Nuclear Security Summit in the Netherlands in 2014 and beyond, then our two countries have to take the lead in taking responsible action ourselves.

It is very intriguing because Mr. Bunn acknowledged that he is somewhat embarrassed by the U.S.'s position on this treaty. As members of the Canadian Parliament, we, too, should be somewhat embarrassed by the fact that previous governments did not exercise due diligence, even if we had no hand in the matter.

I would like to quote another fascinating part of Matthew Bunn's testimony.

The core of al Qaeda is, as President Obama mentioned the other night, a shadow of its former self, but regional affiliates are metastasizing and some of the key nuclear operatives of al Qaeda remain free today. With at least two terrorist groups having pursued nuclear weapons seriously in the last 20 years, we cannot expect that they will be the last.

That statement is particularly worrying when we see what is happening with certain al-Qaeda cells, such as the al-Qaeda cells in Islamic Maghreb, in areas such as Mali or Algeria.

Take, for example, the hostage situation at the Ain Amenas gas plant in southern Algeria, near Mali and Libya that lasted from January 16 to 19 of this year. It was a blood bath; more than 30 people were killed. Situations like that are an incentive to remain vigilant about the risks posed by certain al-Qaeda cells.

That particular attack was planned by an al-Qaeda terrorist group in Islamic Maghreb. According to the Algerian minister of the interior, the abductors were from Libya.

This reminds me of the October 27, 2011, meeting of the Standing Committee on National Defence. I was concerned about the proliferation of weapons trafficking at the border between Libya and Algeria. At the time, I asked an official from the Department of Foreign Affairs and International Trade a question about weapons from the Libyan arsenal being distributed in northern Africa. I asked what the risks were of these weapons being used elsewhere, in a similarly unstable region. It turned out that, less than two years later, we saw exactly that. Members of al-Qaeda in Islamic Maghreb were carrying out attacks in that region, which is fairly unstable and very difficult to monitor because it is so vast.

Imagine if these terrorists had nuclear weapons. That would have introduced a whole new risk, a whole new danger to the region. That is why, in these conditions, extreme vigilance is necessary.

To conclude, I will say that for all the reasons I have mentioned and that my colleagues mentioned earlier, I will not hesitate to support Bill S-9 at third reading. Once again, I think that Canada was too slow in ratifying these conventions and that it is urgent that the provisions of Bill S-9 be integrated into our Criminal Code to enable Canada to ratify the two international conventions that are essential to better global security.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I thank my colleague from Brossard—La Prairie, whose riding is next to mine. He did some excellent work in the Standing Committee on Finance. I am sure that he will do the same in the Standing Committee on Justice and Human Rights.

Let us take advantage of the fact that he was there when the witnesses gave their presentations when the committee was studying Bill S-9, which we are discussing today.

There was concern about certain sections and that the scope went beyond the minimum recommended to ratify these two international conventions.

Since he attended the witnesses' presentations, I would like him to speak about section 82.6 in particular. It states:

82.6 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

I would like him to talk about the risk of convicting someone who would not in reality be physically capable of committing a nuclear attack.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, first I would like to say that I will be sharing my time with the hon. member for Louis-Saint-Laurent.

It is my pleasure to rise today to speak on Bill S-9, Nuclear Terrorism Act.

Before I begin, I would like to sincerely thank my colleague, the hon. member for Gatineau, who is also the official opposition's justice critic. In my role as deputy critic, I have had the privilege of working with her. She is an extraordinary person and has done extraordinary work on this file, as well as on all the others she is responsible for. She is a true role model for hard work and I hope to emulate her.

Now, with regard to this bill, I agree that nuclear terrorism is a real threat to all countries, including Canada. It is important for us to consider it carefully and take the necessary measures. Thus, we are pleased to see the introduction of Bill S-9. I sat on the committee and I can say that, this time, we have been able to work with the government—I admit it—and with our Liberal colleagues.

Members of the official opposition have been able to work together to move the bill forward. When there are matters of importance to Canada, I think we can work together, and this is a fine example.

I would now like to speak more specifically about this bill. We must not forget that it leads to the eventual ratification of two international anti-terrorism treaties.

They are the 2008 Convention on the Physical Protection of Nuclear Material and the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism. The latter defines the categories of nuclear terrorism offences and the procedures for bringing offenders to justice. The purpose of this bill is to incorporate all these provisions into Canadian law, so that the treaties can later be ratified. One of the problems is that Bill S-9 comes from the Senate.

It was strange to hear the Parliamentary Secretary to the Minister of National Defence ask his question and tell us that it is a priority for them, and so on. When we see that this comes from the Senate, we realize that it is not necessarily the government's top priority. We must keep in mind the dates of the treaties I mentioned: they date from 2005 and 1980 and came into force in 2007. There has been quite a delay in government action on this matter.

I will speak now about the bill's details: it is an attempt to eliminate legal loopholes when launching proceedings against those who commit acts related to nuclear terrorism. There is also an extraterritorial aspect to this bill, to extend the reach of Canadian law.

In the past, legal proceedings could fail because of a lack of legislation; this will solve that problem. Bill S-9 also provides for extradition in cases of nuclear terrorism, even where there are no bilateral treaties between countries, so that legal tools can have a longer reach.

Moreover, new Criminal Code offences are being created. It would be illegal to: possess, use or dispose of nuclear or radioactive material, or commit an act against a nuclear facility or its operations, with the intent to cause death; use or alter nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operations, with the intent to compel a person, government or organization; and commit an indictable offence under federal law for the purpose of obtaining nuclear or radioactive material or devices.

Because we are establishing certain international conventions to which Canada is a signatory, all hon. members will agree that this bill will update the Criminal Code and other Canadian legislation. That is why we agree with and support this bill. We have always supported it. When we hear members on the other side say that the official opposition does not work with them and does not move things forward, they really ought to look at the way this has worked.

This is an excellent example of something that should move forward.

Bill S-9 makes other changes to the legislation. Anyone who commits any of the new offences outside Canada can be prosecuted in Canada. This new provision will help ensure that we address the problem. As we have mentioned, nuclear terrorism poses a real threat, and we need to take the necessary steps in that regard. That is why we supported this bill and studied it extensively in committee. We asked some serious questions and obtained some good answers, particularly from people who work on nuclear issues at the Department of Justice. The examination was very interesting and informative.

Nevertheless, we have another criticism of this government. Since it said that this bill is important, and I myself have pointed out just how important it is, we have to wonder why it took so long for the government to introduce this legislation. The treaty was signed in 2005 and came into force in 2007, yet the government is only starting to talk about it now. It blames the opposition, as usual, but it is important to remember that this government has a majority and it controls the agenda. Since everyone agrees on this bill, it could even have introduced it when it had a minority. This file could have moved forward, and we could have resolved these issues. Unfortunately, this government has acted in bad faith.

In fact, when the Minister of Justice appeared in committee, he openly admitted that this was not a priority. Here is what the minister said:

On this particular legislation, this was part of the enumerated bills that I wanted to get to, but yes, most of the focus of the last year or two has been concentrating on cracking down on drug dealers and going after people in the child pornography business and people who sexually assault children. I know most of the efforts of this committee, and certainly of the government, were to push that, but this was always important to us. Again, because most of the activity was already criminalized, I wanted to get it through.

It is a priority, but if you're asking me what I've done with my time, my time has been pushing all the legislation that we have had.

Keep in mind that Bill C-30 made us waste a lot of time. The government had to backtrack so much that the bill was poorly done and was inconsistent with the intent. The government is not moving in the right direction and is not putting its priorities in the right place. We suffered because of that yesterday in the meeting of the Standing Committee on Justice and Human Rights. We had to whip through Bill C-55 without really being able to take the time to study it. We knew that we had a deadline because of the Supreme Court decision.

The government is not managing its time well. It improvises by introducing bills that, like Bill C-30, are purely ideological, have no legal basis and waste our time. Meanwhile, we have other bills waiting for us. We could tackle nuclear terrorism, but the government refused in order to move other bills forward, bills that ended up being called into question. The government realized its mistake and backtracked.

What does the NDP want? We are committed to multilateral diplomacy and international co-operation especially in areas of great concern, like nuclear terrorism.

We need to work together with other leading countries that are moving toward ratifying these conventions. Canada has agreed to be legally bound by these conventions, so it is important to fulfill our international obligations. Unfortunately, it took a long time for the government to act on this. Therefore, we must seriously address the issue of nuclear security and comply with our international obligations in order to better co-operate with other countries on countering nuclear terrorism.

Many issues have been put forward, and we would have liked to take action. Once again, the government took its time.

This is what Sabine Nolke, the director general of Non-Proliferation and Security Threat Reduction at Foreign Affairs and International Trade Canada, said:

Furthering nuclear security, enhancing the physical protection of facilities, installing radiation detection equipment, especially at border crossings, reducing the use of weapons-usable materials, is one of the key tools to prevent these materials from falling into the wrong hands.

Those are all things we should act on.

Fortunately, Canada did sign these treaties, but the government once again took too long to update Canadian legislation to include all these offences. It is difficult to understand why the government held back a file that all parties agreed on.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is an honour to speak to this bill on behalf of citizens from Surrey North.

Essentially Bill S-9, An Act to amend the Criminal Code, the nuclear terrorism act, would amend the Criminal Code in order to implement the criminal requirements of two international counterterrorism treaties: the Convention on the Physical Protection of Nuclear Material, as amended in 2005, and the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism. Regarding Canada's treaty obligations under the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism, this bill would allow the government to sign to these treaties, fulfilling our domestic obligations.

We as New Democrats are committed to multilateral diplomacy and international co-operation, especially in areas that are common to our partners across this world. We have to work with our partners on issues that are important to their country and also to ours. Examples of these issues include terrorism, climate change, environment and nuclear materials, as well as other issues. It is our duty to consult our partners, whether NATO or the UN, to work on these issues.

Not only does the Conservative government have a very shadowy record on consulting citizens of Canada when making laws, but we have also seen over the years that instead of working with our partners across this world and working through NATO and working with other countries, it is just not working on some of these issues.

One of the areas where we could be working to enhance our leadership in the world has been the environment. Not only have the Conservatives gutted the environment legislation regulations in this country, but they have also failed to work with our partners across this country and across this world to tackle climate change. That is where co-operation is needed. That is where we need to work together to look at issues facing this world, but again the Conservatives have failed on that issue. They have not shown leadership through working with our partners across the world to tackle some of the issues that we need to tackle, such as terrorism and nuclear materials. These are the kinds of issues that we need to take leadership on. That leadership has been lacking over at least the last seven years that I know of, since the Conservatives have been in power.

This is an example of the leadership lacking from that side. We used to have a seat on the UN Security Council. Every time Canadians wanted to be on the Security Council, we were voted in by all of the other countries. What happened the last time the seat became available? It was the very first time in our history that we were not sitting on the UN Security Council. That is because the Conservatives failed in international diplomacy to bring the world together to show leadership on issues that are important throughout the world.

That leadership is lacking not only internationally but also on our domestic front.

I just heard the House leader talk about making our communities safe in regard to the international terrorism bill and the amendments that we have in front of us. Making our communities safe involves investing in our RCMP and investing in crime prevention programs. We all know what Conservatives want to do with the crime prevention programs.

In fact, I have talked to a number of organizations in my community that have supported crime prevention programs. They have received funding from crime prevention programs over many years, but that funding has been eroding over the years. It has been consistently cut by the government.

If we are serious about making our communities safe, as with this bill dealing with nuclear terrorism, we need to also invest in our communities. We need to invest in programs that make a difference at a ground level, such as programs that keep our young people from getting into gangs. Those are the kinds of programs that are needed and that are going to help keep our communities safe.

We heard earlier today that the Sapers report from the correctional office says that one-quarter of our prison population are aboriginal people. Those are the kinds of programs we need to invest in to make sure that our young people are getting the help that is needed to make our communities safe.

We need to invest in the RCMP. Forty staff that support the work of the RCMP were given notices in the last budget. Those workers provide critical services to the RCMP to help them do their jobs. Those are the kinds of programs that we need in order for us to support our communities and make them safe places.

There are many other ways we can make our communities safe. For us to work with our partners is a positive step. We encourage the government to work with our partners, whether the United States or other like-minded countries that want the world to be a safer place for not just Canadians but citizens around the world.

I have given a couple of examples of issues on which the Conservatives could show leadership around the world, including the environment. I have given the example of working with other nations on climate change. Conservatives have not shown leadership there.

There are many other issues that we can be working on locally here. When we talk about ratifying treaties, we could look at it as a contract with voters and with aboriginal people. We could be working toward fulfilling those contracts here in Canada.

When the government was formed in 2011, it had a contract with Canadian voters. I have seen up close, on a daily basis, that it has not lived up to those obligations, whether in treaties or in a contract with the voters for what it was going to do when it formed government. We have seen the types of draconian measures it has taken to gut our environment. We have seen how fast the Conservatives wanted to ram through the budget bills. Those were huge omnibus bills that we could not study in a few days, yet it happens time after time. We saw it today.

I learned a new term from the Conservatives today. This place has many rules and regulations, and one of the rules and regulations I learned very quickly from them was that they can shut down debate, gag the opposition, gag the House and ram these things through. We saw an example last night. We saw another example today.

We need to work with other countries, with our partners, to look at issues of a global nature and we need to resolve those issues. The Conservatives have not taken leadership on many of these international issues, and we are paying the price at the international level, where our status over the last number of years has gone down. That was shown by our losing a seat on the Security Council.

I encourage my colleagues to work at international co-operation, to co-operate with other countries, to take a leadership role and to work on those issues that are important to Canadians.

The House resumed consideration of the motion that Bill S-9, An Act to amend the Criminal Code, be read the third time and passed.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, our focus as a government is on an agenda that puts at the forefront job creation, economic growth and long-term prosperity, with a very clear focus on making our streets and communities safer. With regard to that clear agenda, we have several items to propose for the time ahead.

Today we will continue the third reading debate on Bill S-9, the nuclear terrorism act. That is a cornerstone in making our communities safer. After that, we will return to second reading debate on Bill S-12, the incorporation by reference in regulations act.

Tomorrow we will finish the second reading debate on Bill C-48, the technical tax amendments act, 2012, again resulting in a more stable and secure economy.

After we return from our constituency week on Monday, March 18, the House will consider Bill C-55, the response to the Supreme Court of Canada decision in R. v. Tse act, at report stage and third reading now that it has been reported back from committee. This is an important justice measure. I must remind the House that this legislation responds to a Supreme Court decision that takes effect over the Easter adjournment, so it is very important that we be able to pass it here and get it to the Senate for it to deal with before that time.

Once the House deals with Bill C-55, it could then consider Bills S-9 and S-12, if they are still held up in the House; Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, at report stage and third reading, since that bill has now been reported back from committee; and Bill S-7, the Combating Terrorism Act, at third reading.

All these bills are necessary and important for Canadians' safety.

Wednesday, March 20, shall be the seventh and final allotted day. As a result, the House will then consider the usual supply motions and appropriation bills that evening. We will give priority to debating Bills C-15 and S-12 on Thursday and Friday, March 21 and 22.

I hope that makes clear the agenda that the opposition House leader has apparently been unable to perceive of the government, our clear agenda of delivering on job creation, economic growth, long-term prosperity and safe and secure communities for all Canadians.

Nuclear Terrorism Act

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I would like to inform you that I will be sharing my time.

As mentioned a number of times, Bill S-9 deals with nuclear terrorism.

I acknowledge the importance of this threat, but I would like to analyze the issue from another angle and emphasize diplomacy and international collaboration. This bill will change our domestic policy so that Canada can ratify two very important treaties.

I rarely rely on notes, but as I am not an expert, I will consult them for the names of these treaties. We are talking about the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

The objective of these two conventions is to reduce the threat of nuclear weapons and, as we are discussing, nuclear terrorism. The work is carried out within the United Nations and through multilateral relations.

I will focus on this aspect because when I communicate with the people of my riding, Chambly—Borduas, we often discuss Canada's international reputation, which is losing its lustre. Some decisions made by CIDA and the Department of Foreign Affairs are not in keeping with the expectations of the international community.

The very significant threat of nuclear terrorism is not the only reason why the NDP is pleased to support this bill. We are also encouraged by the fact that this bill appears to be a step towards ratifying multilateral conventions.

My colleague from Laurier—Sainte-Marie and my colleague from Ottawa Centre, our international relations and foreign affairs critics, often say that the NDP attaches great importance to multilateral relations. That has always been true. We could even say that about free trade, for example.

We are very pleased to see that Bill S-9 takes a step towards ratifying these multilateral conventions.

There is still one problem, and the member for St. John's East alluded to it earlier in his speech. Canada did not get a seat on the United Nations Security Council, which was a first. That clearly demonstrates just how much respect the international community has lost for Canada. It is a serious issue. A lot of work needs to be done to rebuild our reputation and continue moving in the right direction. Passing measures to ratify these types of conventions is one way we can do that.

A number of countries have not yet ratified these conventions, and a certain number must ratify before they can be implemented. That is why Canada's work is so important. Despite the fact that the respect the international community once had for Canada is plummeting, our counterparts from other countries who sit with us at the United Nations or other organizations still have a great deal of respect for Canada. If we ratify these conventions quickly, we can encourage other countries to do the same, in the hopes of reaching the required minimum.

In 2014, the Netherlands will host a summit to discuss this issue. It will be a wonderful opportunity to talk with other countries, explain the steps we have taken and use the respect other countries have for us in order to encourage them to follow our lead.

Hopefully we can move forward with these important measures.

I must explain that the notion of nuclear terrorism has changed quite a bit. Long before I was born, we had the cold war, as my colleague from St. John's East explained. Now, nuclear terrorism is changing a lot, and the international community has to adapt.

Take, for example, one of the conventions I mentioned that applies to this discussion. This convention was signed in 1980. It was then amended in 2005 because the reality of nuclear terrorism around the world has drastically changed in the past 25 years. So this is something we need to look at. If Canada can play a role in addressing this multilateral issue, we would be very happy to support any domestic measures necessary to move forward with Bill S-9.

As many of my colleagues have mentioned, it is important to note that Bill S-9 addresses a pressing issue. If the topic is so important, if the Minister of Justice thinks that this issue is so important and he is so proud of the outcome, as he said in the Senate committee, why was this bill not introduced in the House? Not to mention that it took a long time. This issue has been dragging on since 2005. The fact that the Senate finally decided to act on something so important is a huge problem.

Last evening, we voted on our motion to abolish the Senate. The Liberals and the Conservatives unfortunately continued to support the institution, which is suffering from institutional arthritis. The fact remains that we must refocus on what we have to do here in this House. If we want to continue to make progress on international affairs, it should not be done in the Senate. It should be done here, in the House, with the elected members who are in the best position to do so.

Since I have this opportunity to discuss diplomatic relations issues, I would like to refer to my own relevant personal experience. I studied political science at McGill University not so long ago. Many people say that political science is not very applicable to actual politics. I do not quite agree with that and I would like to explain why. Even though we are talking specifically about nuclear materials, I believe in the importance of multilateral relations as a general philosophy.

This has to do with the tragedy of the commons, a very important concept in international relations. Allow me to explain. When several countries come together to try to solve a problem, such as climate change, and when all of them expect some other country to make the first move, that is the tragedy of the commons. Nobody does anything because everybody expects somebody else to do something.

Families may experience the same thing. Everybody wants the house to be clean. Everybody expects the little brother or the mother to do the cleaning, but in the end nobody does it. The same concept applies to international relations. Good, strong multilateral relations are critical to preventing these problems. That is true of the issue before us today, nuclear terrorism, and of all other issues.

That is why we are happy to support this bill. This gives us hope that the government will fall into line and continue in this direction. Let us hope that this is a sign of things to come. For the time being, we will support this bill, in the hope that this government will take further measures to restore and reassert Canada's once-excellent reputation on the international stage, a reputation that has suffered so much lately.

I will say in closing that, in 2015, the New Democratic government will work very hard to restore Canada's excellent international reputation. The member for Ottawa Centre and my esteemed colleague from Laurier—Sainte-Marie have a lot to offer in that respect.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, it is my pleasure to stand up and speak a second time to Bill S-9. I would like to pick up where my colleague from St. John's East left off in talking about where the bill comes from. It emanates from the Senate, with the nomenclature “S”.

For seven years, the same Prime Minister has been promising Senate reform. He claims to have an issue with the fact that the chamber is unelected and unaccountable, all the while dragging his feet and ragging the puck on this for seven years. In that time, he has led 58 of his friends to comfortable seats in the Senate at extraordinary expense to the taxpayers of our country.

That is the same old conduct that has been practised in this place by both Liberal and Conservative governments since Confederation. It is cynical politics, and it is breeding a deep concern about our political system in those who can still bear to cast a gaze upon this place and the spectacle that it has become.

It is a particularly sad day today, waking up to the realization that just last night the entrenched interests in this place and in the Senate—those interested in retaining the status quo, the Conservatives and the Liberals—did not just let an opportunity for change slip by, but actually stood on their feet to defeat that opportunity, a motion from my NDP colleague from Toronto—Danforth to usher in real change, to begin a discussion about expunging from our political system unelected, unaccountable power in the hope of bringing a deeper democracy to Canada, one befitting a modern, hopeful country. Instead, we have the party of so-called reform allowing an important bill like Bill S-9 to emanate from that unaccountable chamber.

Suffice it to say that I am disappointed that this important legislation honouring Canada's commitment to co-operate with the rest of the international community in protecting nuclear material and combating nuclear terrorism should have come from the Senate chamber instead of our own.

Bill S-9, also known as the nuclear terrorism act, when implemented, would amend the Criminal Code to comply with Canada's international obligations with respect to two treaties: the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

My NDP colleagues and I support the bill, in the spirit of forging ahead with Canada's fulfillment of these international obligations and commitments.

The Convention on the Physical Protection of Nuclear Material, or CPPNM, dates back to 1980 and is deposited with the International Atomic Energy Agency. To quote the IAEA:

The Convention is the only international legally binding undertaking in the area of physical protection of nuclear material. It establishes measures related to the prevention, detection and punishment of offenses relating to nuclear material.

Canada is a signatory and had ratified the convention by the time it entered into force in 1987. The CPPNM was amended in 2005 to strengthen the provisions of the convention. The 2005 version seeks to extend protection measures to nuclear facilities in addition to protecting against the proliferation of nuclear materials. As well, it reinforces Canada's obligation under UN Security Council resolution 1540, passed in 2004, to enforce measures seeking to prevent the proliferation of such materials.

It is the strengthened requirements of this amendment that Bill S-9 seeks to fulfill in clearing the way for Canada's ratification of the strengthened agreement.

The second treaty addressed within the provisions of Bill S-9 is the International Convention for the Suppression of Acts of Nuclear Terrorism, or ICSANT. This agreement falls under the auspices of the United Nations and dates back to 2005 as well. This convention deals more specifically with the issue of nuclear terrorism; it calls on its signatories to establish criminal offences within their national laws for acts of nuclear terrorism and also introduces mandatory prosecution or extradition of offenders.

Bill S-9 would amend the Criminal Code to include four new offences that related to nuclear terrorism and thus fulfill Canada's obligation under the above mentioned conventions.

These new offences would make it illegal to: possess, use or dispose of nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operations with the intent to cause death, serious bodily harm or substantial damage to property or the environment; use or alter nuclear radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operation with the intent to compel a person, government or international organization to do or refrain from doing anything, to commit an indictable offence under federal law for the purpose of obtaining nuclear radioactive material, a nuclear radioactive device, or access or control of a nuclear facility; and, finally, to threaten or commit to do any of the above.

In addition to those four offences outlined above, the bill would amend the Criminal Code to allow for the prosecution in Canada of individuals who committed or attempted to commit these offences outside of Canada.

The bill would also amend the double jeopardy rule so that the person could be tried within Canada for an offence that he or she had previously been convicted of by a foreign court in the event that the foreign trial did not meet certain basic Canadian legal standards. The bill would also make amendments to wiretap provisions and would make the new offences primarily designated offences for the purpose of DNA warrants and collection orders.

Both the convention on the physical protection of nuclear material and the second convention outline in plain language the urgency of action. The CPPNM states:

—offences relating to nuclear material and nuclear facilities are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures, or to strengthen existing measures, to ensure the prevention, detection and punishment of such offences.

The ICSANT speaks of:

—the urgent need to enhance international cooperation between States in devising and adopting effective and practical measures for the prevention of such acts of terrorism and for the prosecution and punishment of their perpetrators.

This sense of urgency was underscored in 2010 and again in 2012 during the nuclear security summits. The first summit proposed by President Obama in 2009 and held the following year in Washington was known as the global nuclear security summit and called together world leaders from 47 countries for talks regarding the advancement of nuclear security and the responsibility of nations to maintain and enhance this security.

In March 2012 the second summit was held in Seoul, where participants renewed the commitments made in 2010 and again underscored the urgency of the issue. To quote the Seoul communiqué:

We stress the fundamental responsibility of States, consistent with their respective national and international obligations, to maintain effective security of all nuclear material, which includes nuclear materials used in nuclear weapons, and nuclear facilities under their control, and to prevent non-state actors from acquiring such materials and from obtaining information or technology required to use them for malicious purposes.

Bill S-9 would bring us closer to the ratification of those two conventions and thus to the fulfilment of Canada's international obligations with regard to nuclear security. Given the importance of the legislation and the urgency of putting in place an international regime to counter nuclear terrorism, one wonders why the legislation has been seven years in the making. International agreements aiming to prevent nuclear terrorism are not something we should take lightly and our ratification has been delayed for far too long.

The bill has the support of both sides of the House and the lack of legislation thus far speaks more to the apathy on the government side rather than any threat of political interference or controversy.

Canada has long been a leader in the field of international co-operation, although that reputation has been tainted under the Conservative government. We should maintain that reputation. For that reason, we support Bill S-9.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I am pleased to have an opportunity to speak to Bill S-9, now before the House. It is called an act to amend the Criminal Code, but it is very directly related to the short title, which is nuclear terrorism act. It is an important piece of legislation on which my colleague, and dare I say friend, from Mount Royal, has said there is a consensus and probably has been a consensus for six or seven years in this country.

Therefore, it is quite a surprise that it has not been brought forward. As he pointed out, there are many instances where there can be a consensus on matters that could come before the House and be dealt with expeditiously, and some are, but there ought to be more of that. If we are going to be combative about certain things, I think that is the nature of politics. However, where there is a consensus, there can be a great deal more co-operation.

An ironic example of that was last year when the justice bill, Bill C-10, was before the House. It went to committee. The member for Mount Royal moved six or seven amendments at committee. They were defeated at committee. The government had to bring them into the House, but they were ruled out of order because they could have been done at committee. The Conservatives had to use the other place to deal with the passage of those amendments. It was quite embarrassing, I should think, that they showed their nature in terms of dealing with legislation and dealing with the opposition. However, that is one example of many.

Mr. Speaker, I was supposed to say at the beginning of my speech that I am sharing my time with the hon. member for Beaches—East York.

The substance of the bill is something that we support. The bill has a number of objectives. It amends the Criminal Code in adding four new offences.The bill was introduced in the Senate a year ago. It could have been brought here earlier than this, but, once again, that is a sign of not moving as quickly as one would have thought on something as important as this.

The bill adds four new offences to the Criminal Code, having to do with possession, use or disposing of nuclear radioactive material with the intention to cause death, serious bodily harm or substantial damage to property or the environment. That is an act against a nuclear facility or any of its operations. One has to do with using or altering a radioactive material or a nuclear or radioactive device with the intent to compel a person or government organization to do or refrain from doing any act being guilty of an indictable offence. That is a classic example of terrorism. Then, there's committing an indictable offence under a federal law for the purpose of obtaining nuclear radioactive material or a radioactive device or to control a facility, or to threaten to commit any of those other three offences.

These are significant crimes and would be given significant penalties in the Criminal Code as a result of the bill. It would be life imprisonment for the first three, as a maximum penalty, and 14 years as a maximum penalty for the threat to do any of these three things.

It is an important part of following through on two conventions that were agreed upon internationally: the International Convention for the Suppression of Acts of Nuclear Terrorism and the Convention on the Physical Protection of Nuclear Material. Both of these conventions were an important part of a regime to attempt to control nuclear materials throughout the world.

As we were debating the bill this morning, I recalled growing up in an era where there was a real threat of nuclear war and nuclear annihilation. I grew up in the fifties and sixties, and in 1962 we all know there was a Cuban missile crisis.

I distinctly remember hearing air raid sirens being tested occasionally to remind us what they sounded like, and we had instructions. Some people were building fallout shelters in their back gardens in the event of a nuclear war. That was the reality. In schools, children were being told that if they heard the air raid sirens, they should get under their desks or under the stairs in their homes, and so forth. That was the way we thought about the world when we were children.

Happily, that is not something that children think about today, or have to think about, because the world is not in a state in which that is a likelihood or even a remote possibility at this point.

However, we do see proliferation. States such as Pakistan and India, with certain historic difficulties and disagreements that have not been resolved, are becoming nuclear powers. North Korea is attempting to engage in the development of nuclear weapons, as is Iran, as the member from Mount Royal has pointed out. Therefore, there are significant threats.

It is important to note that among the signatories to this convention are some important players, including the United States of America, China, India, Russia, the United Kingdom, France and Germany. Obviously we would like to see more. However, it is a framework that can be used to control international terrorism or attempts to use these materials for nefarious purposes.

More can and should be done. The area of prevention is extremely important. Canada and the countries who are signatories can play a role in assisting countries to ensure the protection of nuclear materials, because there are countries that do not necessarily have the technical ability to control those activities within their own borders.

Importantly, the 2005 amendments to the treaties made to deal with interstate transport and usage of these materials extended the scope to also cover domestic use, storage and transport and nuclear facilities used for peaceful purposes.

Historically, Canada ratified one of these conventions in 1980. Canada only signed the agreement, which does not make us a party until it has actually been ratified. This step is one of ratification of both these treaties.

What is also interesting as well is that this piece of legislation is called Bill S-9 for a reason. It was started in what we are required to call “the other place”. I think we are allowed to say “senators” and we are allowed to talk about people by name over there, but what are we doing? Are we now the chamber of sober second thought? Have we reversed the constitutional roles? Do we have legislation coming out of the Senate? Is that where we start?

The Senate has looked at this legislation and has fixed it by adding one of the measures that was in the convention but not in the bill. I am sure it could have been fixed here easily before it was sent over there, but the government wants to legitimize the other place somehow, and even though senators are unelected, unaccountable and unapologetic, as we have found out in the last long while, the government seems to rely on the Senate as some sort of an institution where it can start legislation and have it come over here. Are we here to ratify what the Senate has done? Is that the expectation?

I think we support the bill, but it should have been brought here five or six years ago, when the government came into power.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I mentioned the exchange that took place and the response by the minister to my colleague from St. Paul's. I do not want to go over it, but I want to make another point.

I believe that the consensus to adopt this domestic implementing legislation in Bill S-9 and the like was there back in 2005. I recommend to the government that rather than accusing us of filibustering on the domestic agenda, to reach out more and engage with the opposition and invite opposition critics to consult. If the minister had done that, he perhaps would have been able to determine, back in 2006, that the consensus was there to adopt the domestic implementing legislation for this convention. We need a little more engagement in this House from across the aisle on both the domestic justice agenda and the international justice agenda. I invite the government to engage with its opposition critics in this regard, so we can move forward where the consensus already did exist and not have to wait eight years.

When they do not take the leadership for eight years on something like this, then it undercuts the ability to take leadership on other issues internationally. We have to have an international perspective, where we move forward as effectively and as quickly as we can, and in a holistic approach, to recognize, again, that issues of nuclear proliferation, international terrorism, international rights violations and incitement are all inextricably bound, one with the other. We need a comprehensive strategic approach with respect to addressing and redressing each and all of these violations.