Madam Speaker, I am pleased to rise on behalf of my colleagues in the New Democratic caucus to debate the important legislation before the House. The legislation was tabled only a couple of days ago so there has been limited opportunity to study it. My comments are made in that light.
We have been told by the government that the bill contains technical changes to the Foreign Missions and International Organizations Act and is in effect a housekeeping bill. I urge parliamentarians to give careful scrutiny to the changes proposed in the legislation because the implications of a number of them are serious indeed.
I will not speak to all aspects of the legislation because we are debating the principle of the bill at second reading. However the member for Surrey Central raised a number of concerns that we share.
The proposed amendment to the definition of international organization would be an important change. It would give privileges and immunities to international government organizations such as APEC, the G-8 and others, even if they are not treaty bodies. We would want to study the amendment carefully in committee in terms of its implications.
I will talk about the bill's proposed amendments to the Immigration Act. At present government representatives who wish to enter Canada and who have criminal records are required to obtain a minister's permit. This provision of the Immigration Act applies whether they are world leaders or members of delegations to international conferences.
Frankly in the absence of compelling evidence to the contrary it is the way the law should remain. It is unacceptable to suggest that an individual who is a government representative, part of a delegation to an international conference, or for that matter a world leader, should not be required to obey the law and submit to the same requirements with respect to ministers' permits as anyone else.
During this debate a number of my colleagues have referred to the former Russian diplomat charged with the serious offence of drunk driving, an offence that gave rise to the tragic death of a Canadian.
If that individual were part of a delegation to an international conference it would surely not be unreasonable for Canadians to have the opportunity to say no. If he were convicted of the offence he should not be entitled to enter Canada as a member of a delegation. At the very least he should be required to obtain a minister's permit to do so. In other words, it is not acceptable that ministerial permit provisions be invoked only in cases of war crimes or crimes against humanity.
There are other provisions in the legislation on which I will not comment but which I hope we will have an opportunity to discuss in committee. I am concerned about the apparent absence of consultation with provincial, territorial and municipal governments about this important legislation.
The federal government has indicated in background documents that it understands and accepts the urgency of working in partnership with provinces and municipalities to provide the most appropriate and effective security arrangements for all federally hosted international meetings.
If that is the case why did it not bring forward the bill following consultations with provincial, territorial or local jurisdictions? In the committee that studies the bill we will want to ensure these levels of government have been fully consulted and that we have heard from them before the bill passes.
In my remaining few minutes I will focus on the provisions of clause 5. This is the new clause that gives what is called statutory authority to provide protection or police powers.
The government's briefing notes say the amendment was developed in response to security issues raised by the summit of the Americas. The Department of Justice and the Department of the Solicitor General of Canada arrived at the view that the existing common law authority of the government to provide security and protection for these events should be given a statutory basis.
However clause 5 of the bill raises grave questions about the extent to which we are prepared to not only codify existing police powers in law but significantly enhance them. Many Canadians, including myself and my colleagues in the New Democratic Party caucus, are concerned about the growing criminalization of dissent in Canada. We have seen an alarming trend toward giving more powers to the police. Bill C-35 is part of that trend.
Recently the House adopted legislation to give police and law enforcement agencies sweeping powers to break the law in the pursuit of their goals. We in the NDP opposed that legislation. We oppose the bill now before the House because it provides no clear statement as to why it is necessary to amend the law.
The government has put Bill C-35 before the House before presenting us with its package of so-called anti-terrorism legislation. I understand that it will be tabled before the House when we return in about 10 days. We will need to scrutinize it carefully because it is precisely at times like this that our most fundamental civil liberties and human rights are most vulnerable.
We all recall the invocation of the War Measures Act in 1970. While it may have been popular with the public it was recognized in retrospect to have been a significant overreaction. I am proud that it was my colleagues in the New Democratic caucus of the day, led by David Lewis, who stood and said no, that it violated the most basic and fundamental rights of Canadians. We will need to be vigilant regarding the legislative package that will be tabled in the House when we return.
Bill C-35 would give new powers to the RCMP. Clause 5 states:
(1) The Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of any intergovernmental conference in which two or more states participate, that is attended by persons granted privileges and immunities under this Act--
(2) For the purpose of carrying out its responsibility...the Royal Canadian Mounted Police may take appropriate measures, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances.
That is a sweeping and dangerous extension of the powers of the RCMP. In light of the recent abuse of those powers in the context of the APEC summit we should not be prepared to grant new powers lightly to the RCMP. The report of Justice Hughes raised serious questions about the extent to which it might be necessary to codify in statutory terms the relationship between political authority and the RCMP. Bill C-35 would do nothing of the kind.
Perhaps the most serious illustration of the abuse of RCMP powers was the recent summit of the Americas. We are told the amendment before the House is a response to security issues raised by the summit. Rather than responding with a statutory extension of the powers of the RCMP we should be asking tough questions about the abuse of police power and criminalization of dissent we witnessed at the Quebec City summit of the Americas.
We in the NDP and others have joined in calling for an independent public inquiry into those abuses. Over 6,000 tear gas canisters and over 900 rubber bullets were fired.
Many of the victims were people who were engaged in peaceful, non-violent, legal protest against the assault on democracy, the environment and human rights that was taking place inside the RCMP's wall of shame.
Why on earth would the government now bring forward legislation extending new powers to the RCMP when Canadians are asking very serious questions about the abuse of the powers it currently has.
Take the case of Éric Laferrière, for example, who was hit with a rubber bullet, a rubber bullet fired at his throat. He was taking part in a peaceful protest, but was shot and hit by a bullet fired by the RCMP. He will never be able to speak again. Obviously, he will be suing the RCMP.
I have to wonder how is it that this government is prepared to grant more powers to the RCMP, when there are so many questions regarding the abuse of power during the summit of the Americas in Quebec City, last April.
We oppose this legislation and we certainly will ask tough questions when it comes to hearings on the bill. It is essential that the committees study very carefully the provisions of this legislation and call extensive witnesses from civil liberties associations.
Representatives of the Quebec Civil Liberties Union published a report which seriously criticized the conduct and actions of the RCMP, especially its use of tear gas and rubber bullets.
We will want to hear from them and others. Before we are prepared to accept these changes in legislation, we want to be convinced that it does not represent a very dangerous and unacceptable extension of the powers of the police.
Criminalization of dissent in this country is a serious concern and this legislation may very well contribute to that alarming tendency. For that reason, I rise on behalf of my colleagues in opposition to the bill which is now before the House.