Madam Speaker, I am pleased to speak to Bill C-36. These are particularly dangerous and fragile times not only for us as Canadians but internationally as well. We are witnessing a United States led bombing campaign in Afghanistan which, in my view and the view of my colleagues, is in breach of international law. The response to the September 11 terrorist attacks should be under the framework of the United Nations.
These are also very dangerous and difficult times on the domestic front. Thomas Berger wrote an eloquent book on the fundamental rights and freedoms of Canadians. He called it Fragile Freedoms and indeed the freedoms that Canadians have are fragile, particularly those set out in the charter of rights and freedoms.
It is precisely at times such as these that those freedoms are potentially under the greatest assault. We recall during World War I the internment of Canadians of Ukrainian origin, and in World War II the internment of Canadians of Japanese origin and the confiscation of their property.
Of course in 1970, the War Measures Act was invoked and 400 Quebecers were arrested without any evidence, incarcerated for several weeks and then released.
I am very proud of the fact that at the time the NDP was the only party to say “No, this is not acceptable; this is an abuse of power”.
Before we invoke the kinds of sweeping new powers contained in Bill C-36, it is critically important that the government demonstrate to Canadians that the existing powers in legislation accorded to the Royal Canadian Mounted Police, to CSIS, to the Communications Security Establishment and to the Canadian armed forces are inadequate to respond to the terrorist threat. If we are not in a position to ensure that is indeed the case and if we are extending sweeping new powers, they risk violating the most fundamental rights and freedoms set out in the charter of rights. I believe that in a preliminary review of this legislation there are a number of provisions of the legislation that risk violating the charter of rights and freedoms.
I have a particular personal interest in that charter having been a member of the constitution committee that drafted the charter of rights back in 1980-81. I believe I am the only sitting member of the House who was in fact a member of the committee that wrote the charter of rights and freedoms. I recall the minister of justice at the time was the member for Shawinigan, today's Prime Minister. We wrote that charter for a very specific reason. It was to ensure, particularly at times of widespread popular sentiment that might risk assaults on fundamental rights and freedoms, that the judiciary would be in a position to say “No, you are going too far”. I believe that we risk going too far in this legislation.
Certainly the internment of Canadians of Japanese origin was popular. The proclamation of the War Measures Act was very popular. However they were both profoundly wrong. When I read for example the definition of terrorist activity in this legislation none of us have any concerns about the incorporation of the various United Nations conventions. My colleague the member for Winnipeg--Transcona, the New Democratic Party justice critic, spoke earlier on this legislation. He pointed out that there was no issue with respect to that or indeed a number of other provisions of this legislation that we would be prepared to support.
However the definition of terrorist activity I believe goes too far. It refers to political, religious or ideological purposes. It talks about causing serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of lawful advocacy. Consider for a moment the possible risks of this and what this could be applied to. There are many examples of this, some historic, some current.
The African National Congress in its fight against the brutal and racist apartheid regime in South Africa would clearly have been caught by this legislation, as would any Canadian who supported the African National Congress in its fight against apartheid. I see the member for Edmonton--Strathcona. I know he was a long time opponent of apartheid. He probably even sent a dollar or two to assist in the struggle against it. Had this legislation been in effect, he, as well as I and others, would have risked imprisonment for that. I do not want to see us bringing in legislation that would imprison people who are supporting those who are fighting tyrannical, brutal, repressive regimes.
I recall the freedom fighters in East Timor fighting against the genocidal Indonesian regime. I remember the Sandinistas fighting against Somoza in Nicaragua. I remember the FMLN in El Salvador. Those are some of the historic examples. As Alan Borovoy of the Canadian Civil Liberties Association said, “It is one thing to say we won't countenance people assisting dictators against democrats, but why shouldn't Canadians be free to assist democrats against dictators?” This bill would appear to criminalize that activity.
Today we know that there are people around the world who are engaged in struggles. Whether Canadians agree or disagree with them, do we want to define as terrorists those who support self-determination for the Tamils, for the Chechens, for the Kurds or the Kashmiris? I think here particularly of the Kurds who have been tortured, villages that have been destroyed by the repressive Turkish regime, and member of parliament Leyla Zana who has been imprisoned. For those of us who wish to support them in their struggle against that repressive regime, would we be subject to this legislation?
Here in Canada would environmentalists or labour activists who were engaged in protests be subject to the sweeping powers under this bill?
My colleague from Winnipeg--Transcona has pointed out as well the provisions on preventive detention and investigative questioning, the sweeping new wiretapping provisions, the new unprecedented powers to the Communications Security Establishment, the powers for ministers to override the freedom of information legislation by executive fiat.
I will say in closing that I would support sending the subject matter of the bill to committee, and sending it to committee urgently, but I cannot support the bill in its present form. I believe that the powers that are in the bill constitute potentially a very grave abuse of civil liberties.
There must be a sunset clause as well, not simply a review after three years but a sunset clause, to ensure that the many draconian provisions of the bill in fact are not extended beyond a one year period.
I voice my deep concern about the legislation and in closing point out the words of Clayton Ruby who has reminded Canadians that once these extraordinary powers are brought in, they are not rolled back. As Fred Kaufman, a former judge of the Quebec Court of Appeal, who was appointed by Prime Minister Pierre Trudeau to prosecute people after the 1970 FLQ crisis, said, “One has to be careful because emergency legislation drafted in haste stays on the statute book”.