Mr. Speaker, we had great hopes for this bill. We thought that it was possible to reconcile security and freedom. It seems that we were expecting too much from the government.
Following the sad events of September 11, we recognized that we had to change our way of doing things and moreover of seeing things. We realized that we had to take real action to reassure citizens. Obviously, it is essential to ensure the protection of every citizen against the threat of terrorism.
Following these tragic events, we also learned to appreciate what makes us unique, that is democracy and freedom. So, why in this case put aside democracy and freedom in order to compromise them? Why put aside these values, which are so precious, instead of reaffirming them and making them even more precious?
At second reading, we said we were in favour of the principle, because we thought it was necessary to have an anti-terrorism act. However, this bill is unacceptable for us. We tried to amend it but only one of our amendments was accepted by the committee. As far as the amendments made by the minister are concerned, they are really not enough to re-establish a true balance between security and freedom.
The government saw fit to grab broad powers in this bill to justify excessive control of our freedoms. It is inconceivable that in the society like ours one might think that we are gullible enough to accept such an approach. Enough is enough. Any reasonably intelligent person will speak up against this abuse of power.
We could never have imagined that one day the world would be changed for ever by a plane crashing into the World Trade Centre, just as we could never have imagined that one day our government would decide to sacrifice our rights and freedoms, as is the case today. Where are we and where are we going? The answer scares me.
The principle—security— is noble, but the approach is harmful and hypocritical. It makes even less sense when it is our political leaders who are acting this way. This is a golden opportunity for the government to grab limitless powers while having a legal reason to do so. This is where we are at and where our so-called democracy is at.
The government put forward many amendments, but it is too little too late. In spite of these amendments, it is still grabbing excessive power and unfortunately freedoms are being denied as a result. Do not tell me that these attempts at amendments are broad and positive, this is not true. Once again, it is only window dressing.
First, the Bloc Quebecois was asking for a sunset clause. A sunset clause was aimed at putting an end to the bill except for the part implementing various international conventions. The sunset clause would have caused the act to cease to be in force after three years. That is what the Bloc Quebecois wanted.
True enough, one must react to these unusual circumstances, but one must not panic and fall into the trap. This is why the bill must be limited in time.
The Bloc Quebecois' proposal would have allowed the government to face the terrorist threat without losing sight of the fact that, at the end of the day, our freedoms must prevail.
The request was rejected. Instead, the justice minister amended the bill to include a sunset clause coming into effect after five years and concerning only two paragraphs. It involved preventive arrest and investigative hearings. This is obviously not good enough. As a matter of fact, it does not amount to a sunset clause, because one only has to obtain a resolution from both Houses to be able to extend the application of those paragraphs.
Second, as far as the review of the legislation within three years is concerned, this period is much too long. The Bloc Quebecois suggested one year, which would immediately have allowed us to avoid risks of violating individual rights and freedoms. We have shown that this bill could really violate to several aspects of the charter, and the Barreau du Québec has also underlined that possibility.
Moreover, given the haste surrounding the drafting of the bill, the risk of errors and, consequently, the probability of violating individual freedoms are heightened. It would be wise to review this legislation after one year in order to adequately deal with its obvious flaws.
The government's reaction has been to refrain from changing the bill and to rely on ministers responsible for the enforcement of the law to produce reports on the number of arrests and investigative hearings. That is all, and that is not enough.
Third, the Bloc Quebecois condemns the fact that the attorney general can get around the Access to Information Act and the Privacy Act concerning certain types of information. It is unbelievable that such a way of doing things is and can be proposed as being entirely justified and justifiable. The information and privacy commissioners must keep all their powers, rather than increasing those of the attorney general.
Fourthly, we also deplore the fact that Canada waited until such unprecedented tragedies took place before reacting and taking note of the two international conventions. This is something that ought to have been done a long time ago. While Canada is constantly boasting of what a lead role it plays, it is still clearly demonstrating that this is not the case.
A fifth point is that we protest the fact that this bill deviates from the appearance of justice, to implement provisions which, in fact, are a repetition of Bill C-16, the bill on the registration of charities.
Charities will not be able to believe in justice when evidence is given behind closed doors without the key parties even being present. The main question that arises here is this: how can one offer defence against something one does not even know about?
Sixth, the bill enables the governor in council to put entities on the list of terrorists without any legal authorization and without that entity having access to the evidence supporting its inclusion on the list. That is unacceptable. It is a reversal of the presumption of innocence into a presumption of guilt. What have we come to? It is easy to see where we are headed, which is why our present concerns are justified.
Seventh, it must be emphasized that the government did not consult the Quebec justice department. There is an emphasis everywhere on co-operation and collaboration. But this is a principle the Government of Canada seems not to grasp. It seems that advantage is being taken of the unusual situation to cast aside the constitutional provisions relating to exclusive areas of jurisdiction, such as the administration of justice. Looking around us, it is easy to see that co-operation is what will defeat terrorism.
Another point of concern to us is that the government has not seen fit to assess the costs associated with enforcement of this bill, if sufficient financial means to apply it properly are not in place. This is one more demonstration that this bill is triggered by the panic set off by the threat of terrorism. We can conclude that, if the means are not there, all of the objectives of this bill will be nothing but empty words.
Ninth, the Bloc Quebecois would like the Communications Security Establishment to be required to get an authorization from a judge before wiretapping. It is another example of appropriation of powers by the government, in this case the Department of National Defence, which will be able to intercept communications with a simple written note to that effect.
Finally, the Bloc Quebecois is concerned about the individual freedoms and the freedom of association because of the broad and sketchy definition found in the bill. Despite the justice minister's amendment, the potential for abuse remains and many protest groups could be included in the definition. The amendments we tried to defend and to promote in committee were defeated. This is totally unacceptable in a democratic society that is based on freedom of information.
In short, the merit of this bill rests on the necessity to respond to the terrorist threat. But the extent of the impacts on our liberties is inordinate.
While it is certainly a great thing to take action in the current context, care must be taken not to overreact and restrict democratically acquired rights.
Instead of promoting the development of our rights and freedoms, the government is withdrawing, figuring this should reassure the public.
What is happening is the complete opposite, with the government becoming more crafty, overpowering, controlling and disrespectful through this bill.
The government is giving itself the power to act arbitrarily and is openly showing total disregard for the charter of rights and freedoms, which it insisted on imposing and is now at the centre of our freedoms.
History has always shown the contrary. It is in countries where the respect for the rights and freedoms is highest that public safety and security is best ensured. As suggested by the Bloc Quebecois, our freedoms must be promoted. In other words, we have to promote who we are.