Madam Speaker, he reminded us that Quebec has had a law since 1994, in addition to the Civil Code, which you have certainly had occasion to look through in your spare time. The member for Berthier—Montcalm, a lawyer himself, who studied in this city not far from the Hill, made the same point. He also told me, in confidence, that he has wonderful memories of the years he spent studying law.
Anyone looking through the Civil Code will notice article 2, as the member for Frontenac—Mégantic mentioned, and articles 35 to 41. I should perhaps omit article 41, which talks about respect for the body after death, because this might give those who really want to do this bill justice some ideas. We will stop at article 40.
In my view, article 35 is the most important article in the Civil Code when it comes to respect for privacy. I will read it, because it captures the essence of what the legislator was trying to say about privacy. I will dedicate it to the government members.
The following acts, in particular, may be considered as invasions of the privacy of a person: one, entering or taking anything in his dwelling; two, intentionally intercepting or using his private communications; three, appropriating or using his image or voice while he is in private premises; four, keeping his private life under observation by any means; five, using his name, image, likeness or voice for a purpose other than the legitimate information of the public; six, using his correspondence, manuscripts or other personal documents.
The Civil Code is not a meaningless document. It is not the Liberals' red book. It is the very foundation of our legal system. We are, and I have learned this myself in my law courses, a province, a country—soon, let us hope—with a civil law tradition.
What is the difference between civil law and common law. Let us say that, in common law, judges can make the law, although this could be harshly debated. In our system, legislators and parliamentarians give some direction in a legal system where everything is codified or pass specific legislation.
We have already passed a specific piece of legislation concerning the right of privacy. We led the way, as several of my hon. colleagues pointed out, and we cannot understand why the government is so eager to legislate in this area. Some people might find it easy to believe that I am too partisan, even though I can ensure everyone today as I have in the past that it is not the case.
I think I have always been perfectly impartial and completely objective in this House, and to show my hon. colleagues that the point of view being supported by the Bloc members is not partisan, is not part of the Bloc agenda, I could share with the House the opinion of an authority that has always stayed clear of political partisanship.
I am talking, of course, about the Quebec Bar Association. Has there been a more respectable institution in our society, a more neutral one, up until the day the former president of the bar decided to join the Liberal Party? But we like to think this is the exception to the rule.
On February 4, 1999, not that long ago,the Barreau du Québec, with its recognized legal expertise through its president, Mr Jacques Fournier, not only condemned the lack of vision of this bill, and questioned its rationale, but also pleaded for the Quebec legislation to be extended to areas of federal jurisdiction.
I would like to read you something from Page 2 of the document:
“To avoid any confusion and to ensure that Quebecers continue to enjoy a comprehensive system for the protection of personal information, we submit that bill C-54 should be amended so as to specifically exclude the federal act from applying to businesses subject to the Loi sur la protection des renseignements personnels dans le secteur privé, which is a Quebec law. We go further still, saying that, in our view, the bill should incorporate Quebec's act, even with respect to federal areas of jurisdiction, so as to avoid confusion, overlap and duplication of legislation in Quebec.”
I do not know if I should table the document so that it will be available to all parliamentarians. I am prepared to do so. But one thing remains: authorized people of the legal community, the main spokespersons of the lawyers, the president of the bar greatly wished that the Quebec legislation be extended. This is a paradox of this government.
When we read the Speech from the Throne, we expected the government to budge in a number of sectors. I could give you the example of the air transportation sector. We expected the government to do something.
Remember, there has been a cabinet reshuffle. The Prime Minister has recognized that there were quite a few jacks in this government and that he needed some queens. He then has called to the cabinet a number of women and we expected the government to do something. Even you, Madam Speaker, somewhat wished it deep down inside.
We expected the government to budge in the air transportation sector. We expected it to do something in the area of organized crime, on the issue of money laundering, for example. So many other areas should have retained the attention of the government!
Instead of doing something in areas it was mandated to do something, the government intervenes in an area of pure civil rights tradition, thus compromising, as you can understand, the integrity of the powers of the national assembly.
Then, we have no other choice but to oppose this legislation. All my colleagues will do so with as much determination as our critic for industry and we will fight this bill until it is withdrawn.