Mr. Speaker, Bill C-19 is, of course, a very important bill that has international and national ramifications here at home. It highlights a very serious situation at a time when our Prime Minister is in the Middle East making numerous comments which have made Canada the focus of the world stage. He has made some very reckless comments, which have been referred to in the House. It is no joking matter. Sadly, some of the commentary that has been highlighted is quite pathetic in nature, and the ramifications are most serious for Canada as our international reputation is very much at stake.
Turning back to the bill at hand, it is very clear that the parlance in this legislation is basically aimed at the defence of disobedience to superiors' orders and peace officers who use a certain type of defence. The bill is aimed, in essence, at scrutinizing very closely the defence that individuals were simply taking orders when partaking in some of the most heinous crimes imaginable. Instances in which this type of defence is raised and circumstances where the accused has no moral choice as to whether he or she could follow the order are addressed in the bill.
When we refer to moral choice we mean that other particular circumstances might exist where there was such an air of compulsion or threat to the accused that he or she had no alternative but to obey orders. Obviously this argument was maintained throughout the trial of R. v Finta and, for those reasons, on March 24, 1997 the Supreme Court of Canada ruled that Mr. Finta could not be found guilty of the crimes against him. It is a very troubling situation, one that takes a great deal of moral intrusion and comprehension as to the human dynamics that exist when a person in authority is faced with this type of order.
I can assure hon. members, as a former crown prosecutor, that the provisions included in Bill C-19 are very necessary and welcome. It is a shame, however, that rather than amend Canadian law to do away with some of these grey areas when it comes to prosecuting individuals for war crimes or crimes against humanity, or when these specific defences are invoked, the federal government opted instead for a course of action whereby war criminals could be deported to their native country as a temporary solution to the problem at hand.
However, with that said, this is a very complicated process because in most cases the events in question took place as far back as the second world war and sometimes before. Many of those events that date back 50 years are increasingly difficult to deal with, simply because the individuals who may be involved or who may be able to give evidence are no longer available or, in some cases, are no longer living or no longer compos mentis.
The individuals who perpetrated war crimes and crimes against humanity under the Nazi regime fall very much into the latter category.
Furthermore, the same problems surface when justice department officials attempt to find witnesses to those events to justify the extradition or the prosecution. Evidence sometimes goes missing and key witnesses, as referred to, may no longer be available.
As I mentioned earlier, the offences of genocide, war crimes and crimes against humanity committed outside Canada are covered under clause 6 of Bill C-19. Contrary to the three offences defined in clause 4, those in clause 6 are based on the provisions of international law existing at the time they are committed.
Henceforth, perpetrators of genocide, crimes against humanity or war crimes could be brought to justice regardless of where the crime was committed. Furthermore, pursuant to subclause 6(4), the crimes in question could be dealt with if they were committed prior to July 17, 1998, the date on which the Rome Statute was adopted by the United Nations. As such, the bill applies retroactively.
I congratulate again all members of the committee and the minister for bringing this bill to fruition. In that precaution, if this had not taken place, this bill would have been, some would argue, irrelevant.
Another particularity of the bill is that in the case of war crimes or crimes against humanity or genocide committed outside Canada or within Canada, clauses 5 and 7 of the bill make it an offence for a military commander or other superior to fail to take reasonable steps or exercise proper control over one or more military or civilian person under their command. As a result, very serious offences may sometimes be committed.
In the case of offences committed outside Canada, subclause 7(5) provides for criminal prosecution before the coming into force of Bill C-19, to the extent that at the time and place of the act of omission the latter constitutes a contravention of customary or conventional international law.
This means that the offender may be prosecuted if the criminal act according to the general principles of law is recognized by the community of nations, whether or not it constituted a contravention of law in force at the time and in the place of its commission.
Bill C-19 is fairly complete, as it gives jurisdiction to Canadian courts in the case of offences committed outside Canada through clause 8. This clause also recognizes that Canadian courts have the authority to prosecute any person charged with having committed specific acts, providing one of the conditions is listed exists.
For instance, if a person was a Canadian citizen or was employed by Canada at the time, perhaps in a civilian or military capacity, or if the victim was a Canadian citizen, there may be some attachment to Canadian law.
The Conservative Party supports this idea. Canadian courts also have jurisdiction to prosecute if, at the time the offence was committed, Canada could, in conformity with international law, exercise jurisdiction over the person with respect to the offence on the basis of that person's presence in Canada before or after said criminal offence.
As I mentioned, the defence of superior orders, which is perhaps one of the most compelling and interesting aspects of this bill, and the defences which stem from it, can be used, barring a few exceptions. The defence of superior orders should be in compliance with the provisions set out in the Rome Statute.
Therefore, an accused cannot base his defence solely on the belief that it was an order if it was unlawful and if the belief was based on information about a civilian population or an identified group of people who encouraged the commission of inhumane acts or omissions against the population or group. There is potential for prosecution.
Bill C-19 puts aside the Finta decision, to all intents and purposes, and is a good step toward the pursuit of justice. Bill C-19, because of its complexity and because of the objective it pursues, also makes it an offence to possess or launder property obtained as a result of the commission of the proposed new offences. This is a good provision.
Canada and the Progressive Conservative Party fully support the principle that no one should profit from war crimes. Obviously there is potential for further legislation. If the government wanted to make sure that all war criminals would and could be convicted, other laws might have to be modified. I am referring to the Citizenship Act and the Extradition Act which, through their new provisions, would make it easier to prosecute.
Clause 33 of Bill C-19 would amend the Citizenship Act so that while a person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for one of the offences in Bill C-9, that person shall not be granted citizenship or take the oath of citizenship.
With respect to Bill C-19, Canada now has an obligation to surrender people caught by the ICC for genocide, crimes against humanity and war crimes.
Pursuant to section 48 of the Extradition Act, a person who is the subject on a request for surrender cannot claim immunity from arrest or extradition under common law or by statute under the Extradition Act.
In conclusion, by stating that victims of war crimes have suffered terrible ordeals is to understate the obvious. Through Bill C-19 Canada takes the position that no war criminal is safe or welcome within our borders.
This is a positive undertaking on behalf of the government which is supported, I believe, by all opposition parties. The Progressive Conservative Party also affirms this principle. Canada cannot tolerate our wonderful country being used as a safe haven to escape responsibility for acts so heinous and so atrocious against humanity.
There will be ample opportunity to review further provisions within this bill. As it moves to committee, there will be opportunity to modify and perhaps improve upon this legislation at that time.
Again, I appreciate the opportunity to have participated in this very important debate.