Madam Speaker, it pleases me to be able to speak to Bill C-36. I want to congratulate the Minister of Justice and her team who put together such a comprehensive piece of legislation to deal with the terrorist threat here in Canada. It is a most impressive bill.
Bill C-36 finds the delicate balance of protecting our charter rights and our civil liberties, indeed protecting the essence of a democratic society, while ensuring greater security for our country and ourselves.
What we have before us is a strong response and one that effectively deals with the increased threats of terrorism within our borders. The full implementation of the bill will go a long way to see that terrorist operations are shut down within Canada.
With this new bill, we will be able to strike at the roots of terrorism. Bill C-36 would permit a court to order the removal of any hate propaganda from any public place or computer. This is a valuable tool in restricting messages which may incite others to commit violent acts based on any hate on another group of people.
Police agencies would have great ability to monitor the communications of terrorist factions and would be no longer constrained by the last hope clause and by the previous 60 day limitation on wiretap. They have been removed so we will be better protected from planned acts of terrorism.
We will also have the ability to cripple these terrorist organizations financially with the amendment to the Proceeds of Crime (Money Laundering) Act and the enactment of the charities registrations act. Preventing terrorists from accessing funds prevents them from committing acts of terror.
Terrorist acts are also being added to the criminal code. Collecting funds for terrorists, knowingly harbouring terrorists, participating in terrorist activities and instructing others to commit terrorist activities are soon all to be added to the criminal code as offences. These are serious crimes and they will carry serious penalties, up to life in prison. These sentences would ensure that those involved are incarcerated for a long period of time, no longer part of the loop of terrorist organizations to which they belong and hopefully it will no longer exist.
Even though overall I find the bill to be a formidable response to a challenging situation, I do have some matters that I hope the committee will address and provide guidance. These relate to the preventative arrest clauses of the bill. I am certain that the implementation of the preventative arrests will be an important tool for police officers to have in putting a halt to terrorist activities, and for that I am glad that these provisions are included in the bill.
I am concerned of the possibility of its implementation in the situation where no terrorism is planned. I am aware that the bill defines what is terrorist activity and what is a legitimate protest. However, as we have seen before, it is possible for a protest to escalate and suddenly once a peaceful gathering becomes filled with violence, all the result of the actions of a few individuals.
While I cannot stand here and say that violent protests are desirable or should be encouraged, I fear that the measures within the bill could run over and unwittingly implement themselves at one of these protests.
I do not believe that a protest, violent or otherwise, is a terrorist activity. I worry for the innocent people of which there are many within these protest groups. As I have stated it is a very small group that incite violence. However, it seems that all members of the larger group, in which the smaller one dwells, face the potential of suffering merely because they happen to be in the wrong place at the wrong time.
This is not a new issue for Canada and it is one that will not go away. Because this is the case, we must ensure that the charter rights of the individuals who are no more than bystanders to the melee that is taking place beside them are protected. They should not see their democratic rights disappear because of this bill.
We must be vigilant to ensure that there are no provisions for them to be automatically arrested and detained for a minimum of 24 hours merely as preventative measures. There is nothing to prevent for the vast majority of the people. They are a peaceful lot who only wish to make their views known to others.
There are many cases where, as one mother said to me, they are among the best and the brightest. They have chosen to show up in support of a cause, not to incite violent or criminal acts and certainly none of them have terrorism on their mind.
I do not want to see the provisions of the bill used wrongly in a protest situation or the police easily exploit them. Even with the provision that the attorney general needs to approve of a preventative arrest, one hopes that no police officer can inappropriately circumvent this and seek the approval of the attorney general after an arrest is made.
Knowing that at any time they can be taken into custody by a police officer merely on the suspicion that they could involve themselves in a terrorist act is frightening many people. The bill would ensure legal protection for these people to go out and protest by themselves or with others. It is our responsibility to ensure that procedures are in place so that they do not risk a situation where they lose that right.
It is my hope that the committee will examine closely the amendment to section 83 of the criminal code. I have full confidence in its ability and I trust it will remove any remaining doubt concerning the definition of terrorist activity that may exist in relation to the protesting being swept in with this definition.
Time will perhaps be the truest test of what will happen with Bill C-36, and I am very pleased that the opportunity exists three years after royal assent to review the bill and its impact on society. I share some of the concerns expressed by others that the committee may see fit to implement a sunset clause on some of the provisions.
I hope that I am still an active member of the House when the time comes so that I can look back on the three years that Bill C-36 would have been in existence. I also hope that the Department of Justice and the committee takes not only a proactive role in recording the uses of these laws, but perhaps even considers a required reporting procedure for law enforcement officials.
With requirements such as these, we would be accurately able to see what impact these laws have on Canada and that they were not abused in any way.
When I sought election to this office for the first time in the fall of 2000, I could never have anticipated the awesome responsibility that I would find myself in as part of this body: the responsibility of balancing security and freedom and the responsibility of ensuring that our children continue to live in a free and democratic society that provides opportunities for all of its citizens.