Madam Speaker, if I might just bring to your attention the fact that a frequently made error in the House is assuming that the name of my riding is in alphabetical order. In fact it is in reverse alphabetical order. It happens all the time. People frequently misspell Carleton as well. It is an ongoing struggle but we make do as best we can.
I want to dwell on the civil rights aspect of the legislation before the House. It has been referred to by members on the government side as a piece of housekeeping legislation, which is one of those phrases that makes my ears perk up. My hackles rise a bit when I hear that phrase being used, in much the same way that one's nerves get unsettled when there is a knock on the door and someone announces “I am from the government and I am here to help”.
It is too easy to deal with civil rights issues and the reduction in civil rights by means of slicing off a little at a time and saying that it is just housekeeping, that it is just a little right here, a little right there. When we look at the whole question of civil rights and legal rights, the whole system of protection we have built up is a series of very small, very careful protections against those little salami slices that can be cut away. That is why when we read a bill of rights or our own charter of rights, we find that the protections for civil liberties tend to be very much in the nature of protections against a whole range and series of individual potential abuses as opposed to a broad umbrella statement of the rights that ought to exist.
For example, it is not enough to talk about freedom of speech, freedom of assembly or the right to a fair trial. One has to go on and say, for example with regard to the right to a fair trial, that one has a right to habeas corpus, that one has a right not to be tried twice for the same offence, and a whole series of other similar protections, the right to counsel, and the right against unreasonable search and seizure.
Also, within that right against unreasonable search and seizure are certain sub-rights to prevent against warrantless searches. When warrants are issued, any evidence collected can only be evidence that relates to the terms of the warrant. For example, if the police come into a person's house because they think that person is guilty of crime A and they find evidence that suggests that in fact the person is guilty of offence B , that evidence cannot be used in that prosecution.
This kind of ad hoc protection against ad hoc abuses is absolutely vital when we see ad hoc reductions in these rights, particularly those which are not clearly and specifically spelled out in our charter. We have reason to want to take very special care to make sure that we are not seeing the beginning of this process of slicing off those little salami slices of freedom. Just taking away those little bits of freedom might result in that great mass of freedoms, which makes us such a beacon to the world, being lost. That is the kind of thing we worry about.
Today we are dealing with a very specific right. This is the right to freedom of assembly to register one's protest. This is a right that has existed in our society and in our ancestors' societies for centuries. I am thinking particularly of England.
There was a time when Britain's parliament was far from being the model that it is today. For example, at one time women could not vote, working men could not vote, men who did not hold property could not vote, and the franchise was exercised only by a tiny fraction, less than 10% of the population. Also, the system of representation in the boroughs was extraordinarily corrupt. There were some boroughs known as the rotten boroughs in which there could be as few as a dozen people casting ballots to elect a member of parliament. Other boroughs were of enormous size and as a result experienced a great deal of underrepresentation
All kinds of theories were developed on how to deal with this. In the end, the right of protest on the street, of going out and demonstrating was practised. Sometimes there was a little bit of alcohol consumed and these things could evolve into riots, but that was understood and accepted.
That actually was the framework within which we in this country were able to develop a greater degree of freedom. This applies to the British and the Americans as well. That was absolutely critical. It would be a great shame to see that lost or reduced at all.