Thank you.
I have a subamendment to the motion that reflects the legal concerns I brought forward, and I think it would also reflect a lot of the evidence we've heard at this committee. The subamendment would read as follows, picking up on the amendment proposed by the member for Saint-Léonard—Saint-Michel. It says that Bill C-302 in clause 3 be amended by adding after line 16 on page 2 the following:
The Prime Minister shall, in the House of Commons, offer
--striking the words “the apology”--
his thoughts referred to in subsection (1) on behalf of the Government of Canada and the Canadian people.
Then I've added:
These remarks should specifically comment on the wrongs committed to the Italian Canadian community at that time and be made within the context that what occurred at the time is regrettable, but consistent with the laws of the nation at that time. The Prime Minister should also thank former Prime Minister Mulroney for his understanding in ensuring that history would not repeat itself by repealing the War Measures Act.
I referenced several times, and I think it's critically important, that this bill does not recognize the facts of what occurred at the time. In fact, I read legal opinion this morning that indicates the bill seeks to rewrite history. That's a problem, because Canada's history is not perfect. No nation's history is perfect. In fact, we have become, I think everyone would agree, a more civilized society. We have more rights. We have more privileges, and our Canadian Forces today continue to fight for our freedoms and to protect that democracy. But we can't rewrite history. We can't change what's been done.
In the days following the apology for residential schools, I remarked specifically that there is nothing I can do about the past, and the only thing we can hope for moving forward is forgiveness. It's the same thing with the Italian community. If we don't have forgiveness at this point, after what has already been done, then it's unlikely it will ever occur, because what's missing is not the apology. We cited many times that this event has been referenced. It was referenced in 1988. That's why this subamendment is important, because in 1988, when Prime Minister Mulroney repealed the War Measures Act, he did so specifically referencing the internment of Italian Canadians. Again, in 1990, when he addressed the National Congress of Italian Canadians in Toronto, an event organized by them, as outlined by Mr. Calandra, he specifically referenced the fact that they had repealed the War Measures Act, that we had learned from our history, that we would ensure that it would not occur again. Mr. Pomerleau indicated at some time previously in the committee that the War Measures Act was enacted in Quebec in 1970. While I disagree with the premise wholeheartedly that there's any similarity, Prime Minister Mulroney did in fact repeal the War Measures Act.
Mr. Pomerleau and I can have a conversation someday as to whether then French Canadian Prime Minister Trudeau was right for taking the actions that he took. We can have that discussion, that debate, someday. I'd love to hear his thoughts on it, but it's not material to this matter.
Clarifying this amendment with the subamendment is critically important, because as I've indicated previously--and I can get an awful lot more legal opinion that will back me up on this--the word “unjust”, the word “restitution”.... I typed those words into a legal database yesterday because I wanted to get legal definitions of the words “unjust” and “restitution”. What I found is that while there may be definitions in a dictionary, in law they mean something quite different. A definition in law is established by precedent. And the precedent with respect to these issues is incredibly unclear.
In government we're expected to do due diligence. We are legislators. We write laws. That's what we do. We should be responsible when we're passing bills and when we're suggesting that actions be taken by the government that could, whether intended or not, open the crown to significant liability under the War Measures Act. That could involve everyone who has ever been affected by the War Measures Act. If you can rewrite history on this, you can rewrite history on any wrong that has ever been carried out by the crown.
At the time, the crown may have acted in what it thought was the best interests of the people. Today, we may think the decision was wrong. I've maintained from the outset that what happened to my family in 1940 was wrong. They didn't deserve it. Nevertheless, I don't think anyone in my family wants the crown, the taxpayers of Canada, open to billions of dollars of liability. There is no way we can contain it. We live in a litigious society.