Mr. Chairman, Mr. MacKenzie used the term “ludicrous” to describe an amendment that would cap violations of Canadians' historic civil liberties at two years and require Parliament to come back after two years to justify those incursions into civil liberties. Mr. MacKenzie calls that “ludicrous”.
I don't call that ludicrous. When I'm speaking of civil liberties, I don't find anything ludicrous about the concept whatsoever. As a matter of fact, there is already a sunset clause in this bill. There was a sunset clause of five years in the original bill when it was passed in 2001. The bill before us proposes a sunset clause of five years. There is nothing unusual about the concept. Parliament is recognizing that when we talk about seriously changing the Canadian civil liberties landscape, which this bill does, Parliament should have to come back to justify that in a certain recurring time period.
The only question is whether five years or two years is appropriate. In the New Democrats' point of view, civil liberties of Canadians are so important that if we're going to try to violate civil liberties Canadians have historically enjoyed, then it's up to Parliament to come back to justify that.
Mr. Chairman, we also heard from witnesses. Several witnesses before this committee testified that they didn't want this bill to pass, but that if it were to pass, they want a very short sunset clause. There were no witnesses--none--that I heard before this committee who testified that a five-year sunset clause is appropriate. In terms of the substance behind this New Democrat amendment, it is actually informed by the evidence this committee heard.
This bill, in its original form, sunset and expired in 2006. We also heard evidence that from 2001 to 2006, when this bill was in force, it was used precisely once--one time in five years. Since that time, in the five years hence, there has been no evidence we have heard before this committee that any of these extraordinary powers are necessary. On the contrary, we heard evidence that successful prosecutions under the existing Criminal Code provisions have been conducted.
I have heard no compelling evidence before this committee--and I listened very intently to all the witnesses--that would lay an evidentiary basis for our justifying taking extraordinary steps, such as enshrining in law the concept of preventative arrest whereby individuals may be arrested without a warrant based on what a police officer suspects they might do. Mr. Chairman, that is an historic alteration of Canadians' rights to be presumed innocent and to not be deprived of their liberty except if the state has reasonable and probable grounds to do so.
I'm going to conclude my remarks by saying two final things. One is that I must say I'm saddened to see the present-day Conservative Party so cavalierly dispensing with Canadian civil liberties. They have been championing one of their historic prime ministers, John Diefenbaker, and talking about naming--I think--an icebreaker after him. Mr. Diefenbaker had a proud record in this country of supporting civil liberties; in fact, he brought in the first Canadian bill of rights. The ease with which this current government is allowing an incursion into Canadians' civil liberties and rights without any evidence is sad, in my opinion.
I also want to comment briefly on the Liberals, who brought in this legislation in 2001. In 2007, when this bill was brought back before Parliament, they opposed it and voted it down in Parliament. Here we are in committee watching the Liberal Party of Canada sit back and let Bill C-17 pass through committee.
I've heard Mr. Holland say that he's going to wait to see what the amendments are. Well, the only amendments I think we're going to see in this committee have to do with the sunset clause, unless I'm wrong.
I don't see any amendments by the Liberal Party or anybody--any that I've been served with--that would alter the fundamental deleterious and disturbing parts of this bill, which, as we've all pointed out, allow people to be arrested based on suspicion, enshrine the concept of preventative arrest, compel people to give evidence against their will, and allow the state to lock up people without charge for any period of time.
Now, I've heard the members opposite on the government side say, “Well, it's only locking someone up without charge for 24, or 48, or 72 hours”. As we all know, it could be a matter of days, depending on when a person is arrested. If a person is arrested on a Friday night at six o'clock, they're going to be deprived of their liberty for at least 72 hours without any charge at all.
The concept of having people locked up if they refuse to give evidence is also something that I think is of fundamental concern to the New Democrats in this country. I want to mention that we've heard about the effect this kind of legislation can have on communities, particularly the Muslim community of Canada. We've heard evidence that they're concerned they may be threatened...when police officers come into the community and threaten someone to be compelled to come and give evidence. If they don't give evidence, they're worried that they may be subjected to all sorts of negative consequences.
Mr. Chairman, everybody is concerned about terrorism. Everybody wants to preserve the western cherished ideals of rights. We all want to protect ourselves against those who would make incursions against those rights. In fact, that's the very purpose, I think, behind all of our motivations: nobody wants to have terrorism. People who would use violence disturb the deepest cherished ideals that we in the west enjoy, which include freedom and civil liberties.
Where the New Democrats draw the line, though, is in violating civil liberties in the name of protecting civil liberties. That is fundamentally disturbing. Even that can be justified, I would argue, in some circumstances; in times of insurrection and in times of war, I think Canadians can accept that their civil liberties may have to be truncated in some fashion, but I think Canadians expect that this happens only when we are satisfied that there's a factual basis for this.
Really, I just have to repeat that in the hearings before this committee the facts are that there has been no evidence laid, other than just rhetorical flourishes about some nascent terrorism in the world. We have not had any evidence whatsoever that this legislation is required or needed or that the current Criminal Code is anything but sufficient to deal with any kind of criminal activity that may threaten our country or our security. That being the case, Mr. Chairman, we should not give up Canadian civil liberties in the absence of that demonstrated case.