Mr. Speaker, exactly six weeks ago today, the world was rocked by a quake whose magnitude exceeded anything on the Richter scale. With an epicenter located in the New York-Washington area, the terrorist acts of September 11 have led to especially great concerns in Canada, since they took place in our backyard, so to speak.
The motion brought forward by the official opposition today provides us with a good opportunity to debate the need to reconcile democratic values and security in what can only be described as horrible and cruel circumstances.
This is the fifth opposition day since the reopening of parliament. All but one of these days dealt with votable motions, and all dealt directly with the repercussions of September 11.
I would now like to read verbatim the motion by the leader of the official opposition, and member for Okanagan--Coquihalla. The motion reads as follows:
That, as part of a continental perimeter initiative to secure Canada's borders and protect the security of Canadians and our neighbours, and to protect our trading relationships, this House calls on the government to:
(a) provide both Immigration officers and Customs officers enhanced training and full peace officer status to allow them to detain and arrest suspected criminals or terrorists at the border;
(b) move Customs border officers out of the tax collection agency and into a law enforcement agency;
(c) detain all spontaneous refugee claimants appearing without proper documentation until their identities are confirmed and they have cleared proper health and security checks; and
(d) create a list of safe third countries, including the United States and member states of the European Union, from which Canada will no longer accept refugee claimants.
Everyone recognizes that because it is generating real anxiety in all spheres of society, the current international situation is ripe for extreme reactions. These are never productive and rarely do anxiety, anger and panic help us think straight.
As parliaments reflect on effective and realistic ways to fight terrorism, it is important not to lose sight of the values that underpin our democratic society. I will therefore be studying the opposition motion with the values of justice, freedom and compassion in mind, taking into consideration the international conventions that Canada has ratified, including the UN convention relating to the status of refugees, the torture convention and the convention on the rights of the child.
I would like first off, if I may, to comment on the preamble to the motion. It refers to the continental perimeter initiative. The Bloc Quebecois has expressed its opinion of this perimeter. We believe such a perimeter should exist only in conjunction with the three primary signatories to NAFTA, namely, Mexico, the United States and Canada.
We understand that the aim of this motion is primarily Canadian and American security and the assurance of continued trade relations. However, I saw no reference in the motion to this last objective. We must therefore face the fact that the motion is off the mark. While the events of September 11 raised the issue of security, can we allow the security measures to apply just to refugees, as if they were the guilty parties?
Let us move on to paragraph (a). It reads, and I quote:
provide both Immigration officers and Customs officers enhanced training—
The responsibilities of these officials are important and we support their being given training that will enable them to do their day to day work properly, upholding the law and treating individuals with respect. This is a worthy objective.
In April 2000, the Auditor General of Canada made the following comments “Training is a key element in providing customs staff with the knowledge and skills to speed the entry of travellers and manage risk”.
He asked customs to “ensure that the training needs of all employees are assessed on a regular basis, training plans are developed annually and appropriate training is provided in a timely manner”.
He considered it important as well that “training for term and student employees take into account their skills, experience and the job requirements”.
And he recommended that “training records be complete and be used to assess whether employees have received the training they need”.
Clearly, we will support the first part of paragraph (a).
However, we have some concerns about the second part of the motion which reads, and I quote:
(a) provide both Immigration officers and Customs officers...full peace officer status to allow them to detain and arrest suspected criminals or terrorists at the border;
What is the current status of these two groups of public servants? Subsection 110(1) of the Immigration Act reads as follows:
110.(1) An immigration officer has the authority and powers of a peace officer to enforce any provision of this Act, the regulations or any warrant, order or direction made under this Act or the regulations respecting the arrest, detention or removal from Canada of any person.
Therefore, how do we define full peace officer status?
As for the Customs Act, it provides the following in subsection 98(1):
98.(1) An officer may search if the officer suspects on reasonable grounds that the person has secreted on or about his person anything in respect of which this Act has been or might be contravened, anything that would afford evidence with respect to a contravention of this Act or any goods the importation or exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament.
(a ) any person who has arrived in Canada within a reasonable after his arrival in Canada,
(b) any person who is about to leave Canada, at any time prior to his departure, or
(c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after he leaves the area,
The Customs Act also provides that the customs officer has the right to seize goods. Moreover, some agents are designated as having peace officer status for the enforcement of certain provisions of the criminal code, such as those on arrest without warrant.
Section 2 of the criminal code defines a peace officer as follows:
“peace officer”
(d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or the Excise Act,
As we can see, immigration agents are deemed to be peace officers when they enforce the provisions of the Immigration Act, while customs officers are also deemed to be peace officers and they have all the necessary powers to enforce those of the act for which they are responsible.
Since we have just finished debating a bill to amend the Customs Act, Bill S-23, which was debated at report stage in the House of Commons last Friday, it is hard to see why the Canadian Alliance did not take the opportunity then to present the amendments to the bill that it thought were necessary.
As we can see, both immigration and customs officers have the necessary powers to enforce the provisions of the legislation, particularly since the Immigration Act also provides that, in certain specific circumstances, an immigration officer may detain an individual.
The difficulty probably lies in the word “full” peace officer status. Perhaps this will become clear later in the debate.
Not only am I uncertain what “full” peace officer status means, but I am hardly reassured when I read that they should be allowed “to detain and arrest suspected criminals or terrorists at the border”.
What is a suspicion? Le Petit Robert defines it as conjecture by which blameful intentions are assigned to someone. It seems to me that the present situation may cause us to be more suspicious and that the very broad wording in the motion is hard to square with the 1986 Landry decision, which defined the notion of “reasonable grounds”. Furthermore, the 1999 edition of the criminal code provides, and I quote:
In order to arrest a person without a warrant, a police officer must have reasonable and probable grounds to believe that the person has committed an indictable offence. This subjective belief on the part of the police officer must also be justifiable from an objective point of view.
We can see how far apart the criminal code, the existing legislation and the Alliance motion are.
Paragraph (b) of the Alliance motion proposes that customs officers be moved into a law enforcement agency. This in itself is not without interest, although it raises a number of questions concerning conditions of work, the administration of customs duties, and budgets.
At this point, it is probably interesting to quote what the national president of the Customs and Excise Union said in his recent appearance before the Standing Committee on Finance regarding Bill S-23:
I believe this was proposed under the Conservative government, some six or seven years ago [--]
It must be a good eight years.
—perhaps longer—I forget now. At that time the Customs Excise Union fully supported that concept for customs officers. We do see customs officers as being a group of individuals that is becoming more and more oriented towards enforcement. In fact, the approval of Bill C-18 in 1998 has made that even clearer—
As for Denis Desautels, who was auditor general at the time, he stated that the role of customs offices “has evolved ...to one of facilitating the entry of travellers and goods, while protecting Canadian society”.
Now we come to what strike me as the two most worrisome paragraphs, (c) and (d). Their objectives seem very clear to me.
The first stipulates that any refugee claimant without proper documentation is potentially dangerous. The second is equally disconcerting, because it radically limits the reception of refugees, even if this represents a break with the Canadian tradition of compassion and openness.
Paragraph (c) reads as follows:
(c) detain all spontaneous refugee claimants appearing without proper documentation until their identities are confirmed and they have cleared proper health and security checks.
We are opposed to automatic detention of refugee claimants without papers.
The reason is a simple one. What reasonable person can believe that a refugee without documents represents such a risk to Canada's security that he or she must be imprisoned? I do not think so. Nor am I the only one, because it would make no sense for anyone who had any ill intentions toward Canada or any other state not to have official identity documents, or at least ones that looked authentic. Why not three or four different passports? We have already seen that. Why would anyone run the risk of an investigation? If I wanted to do some evil deed, I would come across as innocent as possible. That is elementary.
We do not think that this measure will in any way improve Canada's security coefficient. What it will succeed in doing is to treat the innocent unfairly, and we will thus be failing our duties under the charter of rights and freedoms, which is a source of Canadian pride.
We feel that our present procedure meets Canada's needs and requires no changes.
Right now an immigration officer uses the following procedure. He asks for the claimant's identification and the claimant states his true identity. The immigration officer then questions the claimant to determine whether he can provide identity papers. The claimant has to complete a form in which he provides information as to his identity. Finally, the immigration officer can detain the individual if he is unable to establish his identity to the officer's satisfaction.
Should the immigration officer find that the claimant is not properly answering the questions put to him, appears confused or refuses to answer certain questions, the officer may detain him for a period of seven days.
Interestingly the Canadian Council for Refugees notes that it is exceedingly rare for a person seeking asylum to be detained for not having identity papers or for having forged ones.
With paragraph (c) of the motion, we move to an extreme that is unacceptable. We oppose the systematic detention of persons claiming refugee status, since the practice is contrary to the charter of rights and freedoms, which applies to every citizen.
I will move on quickly to the last point, the request to establish a list of third countries. Once this list is drawn up, Canada will no long accept refugee claimants who have come through a third country.
Forty per cent of those claiming refugee status arrive in Canada from the United States. Forty per cent is a lot. What I understand from this is that we do not want any more refugees. I oppose this, especially since applications for refugee status in the States are given much more restrictive treatment than they are here in Canada.
Are we consciously, as a parliament, going to destroy what has been a port of peace and life for many who have suffered through wars and undemocratic regimes? We need only think of the millions of Afghans who are trying desperately to leave their country. Can we say “No, we will allow only those who arrive via Vancouver or Montreal or St. John's, Newfoundland”?
We also oppose this fourth paragraph strongly. I call on all parliamentarians who recognize the importance of compassion, justice and respect for the fundamental values of our society to oppose the Alliance motion.