Madam Speaker, the bill before the House is one which deals with the proposed amendments to the Foreign Missions and International Organizations Act.
I should indicate at the outset, Madam Speaker, that I will be splitting my time with my coalition colleague and friend from Saanich--Gulf Islands and critic in this area.
The bill is aimed at modernizing the privileges and immunities regime that is contained in other legislation. The amendments would enable Canada to comply with international commitments that exist currently under international treaties and respond to recent changes in international law. This is a fairly technical bill yet it has very many practical applications.
In addition the bill itself would amend the FMIOA to correct several technical inadequacies that have been identified since it was first introduced in parliament in 1991 under a Conservative administration.
The amendments themselves can be broadly divided into five categories. I intend to focus on those as they affect security and the RCMP. My colleague in his remarks will touch on the other elements which deal more with international trade and international obligations.
The amendments deal with modernization of legislation as it exists with commitments to international treaties. They also correct deficiencies in the definition of international organizations and further to state clearly statutory authority in support of security measures necessary for Canadian police officers to fulfill Canada's international obligations, in particular, when hosting events such as in recent years where the G-8 countries gathered in Canada, the APEC conference and future conferences like the one to be held in Kananaskis.
There is a need to clarify some of the technical amendments, so there are housekeeping amendments that are attached. Finally, there is the need to clarify the provisions granting immunity from immigration restriction and alien registration that override the Immigration Act of Canada.
The technical inadequacies have been identified in a number of ways. The legislation aims to: broaden privileges and immunities to permanent missions accredited to international organizations; authorize ministers to make orders with retroactive effect under the act for the purposes of granting tax relief; clarify the act to grant privileges and immunities to political subdivisions of foreign states; authorize ministers to take limited orders under the act and provide legal framework needed to authorize retaliatory countermeasures in the areas of customs, the areas of infringements of the Vienna convention on diplomatic relations or the Vienna on consular relations with foreign states; and finally clarify the government's statute with respect to the importation of alcohol by foreign missions.
We can see quite clearly the bill has a broad range and touches on a number of subject matters. It deals in particular with the international organizations in the area of security.
There is a role for the RCMP that is clearly defined. This role is set out in the Royal Canadian Mounted Police Act. What the legislation attempts to do is give greater clarity to the role of the RCMP in its participation in security measures at gatherings, such as the APEC conference in Vancouver. It also allows the RCMP to define its role vis-à-vis security with foreign dignitaries.
In particular, there is a need for clarification when a dignitary who comes to Canada may have what is deemed by that country's judicial system a criminal record. The most obvious and compelling example of that is Nelson Mandela.
Nelson Mandela, as the House knows, was granted honorary Canadian citizenship, which was an extraordinary step on the part of Canada and one of great pride on behalf of the government and all Canadians. However, Nelson Mandela at one point in time was deemed a terrorist by his country of South Africa and spent almost 20 years in prison.
When an individual like Nelson Mandela visits Canada there is a need to grant a certain level of immunity where in other circumstances he would not be permitted to enter Canada's borders.
The police authority for security of international events is currently provided under common law. Its specific powers are set out in the RCMP Act. The primary responsibility of the RCMP is to provide security at events where international world leaders may gather. Its authority to take appropriate necessary measures to ensure safe events and safe conduct is set out and empowered in that legislation.
The bill does not grant any new powers to the RCMP. It does not confer any new ability to suspend civil liberties, to act in a way that is inconsistent with the current RCMP Act or any other federal statute. However the federal government may have missed an opportunity to improve Canada's ability to host important international meetings in this changing global environment.
The events of September 11 will impact on the way in which all countries view security in the future. The bill does very little to address this changing environment, with the possible exception of clarifying or restating the role of the RCMP.
It is unclear how the passage of the legislation would improve or allow a host country such as Canada to manage international affairs and conferences. It does not in any way set out in detail what Canada might do differently.
For example, Canadians struggled with the degree of force that was used to deal with protesters at the Quebec City summit. That situation raises questions with regard to the G-8 summit to be held in Kananaskis, Alberta.
The bill may have been the opportunity to explore and examine in greater detail what security measures should exist and what limits should be placed on the RCMP and security personnel in the enforcement of security around the perimeter.
The Hughes report was a voluminous document tabled in response to what happened at the APEC summit in Vancouver. It pointed out the need for clear perimeters and parameters to be placed around RCMP security. It suggested the need for the RCMP to operate within a statutory description and for there to be clear divisions between political commentary and instruction while at the same time fulfilling the role of normal law enforcement and normal security practices.
There was ample evidence that direction was coming from sources outside the traditional RCMP lines of authority. The evidence traced itself right back to the RCMP. Jean Carle was very active and present during the APEC summit. Mr. Justice Hughes concluded that there was a greater need to clarify and in some instances improve the arm's length relationship between the RCMP and political offices including the PMO.
Any external interference, and I am talking about political sources, must be limited in carrying out the essential work at any international conference where there are high stakes and/or VIPs in attendance. Unfortunately what we saw at APEC highlighted some of the deficiencies that exist. It led to a lot of questions about who should be making decisions on the treatment of protestors at such events.
The legislation is intended to move in the right direction although there is a paucity of real direction and no clear indication other than a restatement of what the RCMP is currently doing.
The legislation covers international organizations. It sets out, for example, that stand-alone organizations can move from country to country, that new international organizations can be given status and headquarters in Canada, and that all international organizations that originate by treaty such as NATO and international civic aviation organizations would be given status.