The development in the modernizing aspect is necessary because in modern diplomatic practice important governmental, international and multilateral matters are increasingly dealt with at international conferences by international organizations that are not created by treaty, which we have discussed. That represents a change from the past.
The traditional mode of diplomacy was frequently and usually conducted on a bilateral basis and that is indeed the work of our missions abroad. Our ambassadors in Washington are frequently dealing in a bilateral manner with their counterparts in Washington. Our diplomats in Paris and Beijing do the same.
More and more we see that the work of diplomacy, the coming together and creation of an international agreement, takes place within a multilateral setting and not as in the past in the traditional bilateral setting. Because of that we have felt compelled to extend in Canada, within a reciprocal nature, exactly what is given in other countries and to allow this newer method of diplomacy to be conducted and to be so protected by the extension of immunities.
The bill would ensure that we can do that. I would again emphasize that it is all done within very clear and precise rules and regulations as inscribed within the Vienna convention and has been accorded with those rules very much in mind. Again I caution the House against the misinterpretation we have been hearing that this is a very loose, unguarded methodology which is being introduced. It is anything but.
In addition not just to the rules of the Vienna convention and the further development within Bill C-35, all international organizations and their meetings are subject to careful and stringent screening procedures and consultations among the Department of Foreign Affairs, the Department of Citizenship and Immigration, CSIS and the RCMP. Nothing changes. All of that stays very much in play.
It is important that with respect to instances where persons with immunity commit a serious crime in Canada, the Canadian government has developed one of the most stringent policies in the world. We are not in the middle of the scale. We are not even close to the top. We are at the very top.
After the tragic incident involving Catherine MacLean and Catherine Doré, of which much mention was made earlier by a member from across the floor, the department adopted a zero tolerance policy regarding criminal acts committed by persons with immunity. The policy has been implemented by law enforcement authorities across Canada with the full understanding and co-operation of the diplomatic community.
The Minister of Foreign Affairs was absolutely appalled after the incident that was discussed, in reference frequently to Catherine MacLean and Catherine Doré, as were officials in the department. The instant response was to do all that was possible to ensure that first and foremost this never occurred again but wherever an incident of a similar nature did occur, that we had protocols in place that would mean an instant bringing to justice of any person implicated in such an act.
I am disappointed that earlier in a very cavalier way the member made mention of the fact and to quote him directly, he said “Come in and do whatever you want to do”. That kind of hyperbole, fearmongering, and deliberate misleading obfuscating as it is assigns his words no credibility. It is so obvious when one goes to that level of hyperbole and heads all over the Chamber drop almost in embarrassment for him, there is not much necessity for me to countermand his thoughts as the thoughts were few while the emotions were rampant.
As I said, while even the strictest policy cannot altogether prevent incidents from occurring, this policy makes it very clear to the diplomatic community that Canadian laws are to be respected and that if a crime is committed, Canada will seek first a waiver of that very immunity in order to prosecute the individual. Where the request for a waiver is refused, other sanctions, including expulsion from Canada, will be taken.
The same policy will be applied to the degree possible to all persons with immunity in Canada who commit crimes, whether here as diplomats or to attend at conferences.
A great deal of attention was given to the bill's proposal that serves as the legislative basis for the orderly holding of international government conferences in Canada.
We are concerned that this proposal might give police forces greater powers to restrain legitimate protests at international conferences.
Let me assure the House that this proposal does not affect the policing powers of the RCMP and other forces, such as provincial and municipal, under common law as well as federal and provincial legislation.
The amendment has been carefully drafted in light of the common law and the statutory duties conferred on the police to keep the peace, to protect persons, including internationally protected persons from harm and to protect persons engaged in lawful demonstrations from unlawful interference. Any security measures taken by the police will be subject to charter scrutiny and must be justified as reasonable in the circumstances. Those are the traditions of our jurisprudence. Those are the protections of the charter and checks and balances that already exist within the Canadian policing system. In other words, any police measures that limit a charter right, for example freedom of expression or freedom of assembly, must be justifiable in this free and democratic society.
The provision says that the RCMP has primary responsibility to ensure security for the proper functioning of an intergovernmental conference. A question was raised in committee as to the meaning of primary and the RCMP's co-ordination with its other two counterparts at the provincial and municipal levels. In response the government brought forward a motion to facilitate consultation and co-operation between the RCMP and provincial and municipal police forces.
When we spend the weeks we do in committee, an institution which I highly value and I know all of us do, as that is where the appropriate development of public policy and good laws begins and where it usually ends, the people who give of their time to come from across Canada and give us the benefit of their wisdom and experience are invaluable to the process. We come as legislators. We are not specialists. We depend greatly on the wisdom of specialists as we develop our laws.
One of the witnesses who came before the committee was actually a former national chair for both the international and constitutional law sections of the Canadian Bar Association. While he is a practising international business lawyer, he came in his personal capacity; I want to make that clear.
He spoke very favourably on some aspects of the bill. The reason I am choosing his testimony is that he directly dealt with a large portion of what was said by the hon. member earlier this afternoon. He dealt with retaliation and reciprocity which are key elements of the bill. He said:
Overall, my own view is that these provisions taken as a whole, are overdue, give the executive the necessary tools to respond quickly, as, and for as long as necessary, to inappropriate acts by foreign nations directed at Canadian missions abroad, and at the same time remain consistent with our international obligations under the Vienna conventions.
There has been no focus whatsoever by the hon. member on all of the strong aspects the bill has brought together. The witness continued:
The core principle in those instruments is that of immunity...once granted through the accreditation process.
He went on to say that core principle cannot be deviated from. If Canada is to continue to adhere to the Vienna conventions, then these things must be in place. He further said:
Nevertheless Canada can certainly tighten up the process of accreditation and be more rigorous in withdrawing accreditations in the face of improper conduct by foreign countries and by their agents in Canada and this Bill C-35 does well.
Finally he made mention and was very pointed in the criticism of the bill about moving the decision from the minister of immigration to the Minister of Foreign Affairs. The witness with all of his considerable background said that it is a good amendment providing greater certainty than the prospect of a judicial determination, that it is consistent with our treaty obligations on point, but that, he thinks, is something government can only resolve on a case by case basis. That is exactly what we will be allowed to do with our order in council approach.
It is, then, in his view the right one for this purpose. We have received a lot of very strong views in support of the bill. It is unfortunate that the comments made in the House were very selective but perhaps that is the job.