Mr. Speaker, I am deeply concerned about Bill C-36, and I am honoured to speak to it tonight.
I believe the legislation in its present form is disturbing and unless some changes are made we in the New Democratic Party will not be able to live with it. We believe the bill has to be changed. It is currently anti-democratic. It fails the basic test of protecting our civil liberties from the state. We are a country with a proud tradition of fighting for democracy.
I came here today from a taping in a studio where I taped a message to our armed forces serving overseas. I represent many members of the armed forces in my community.
I find it ironic that we have thousands of people who have gone overseas to protect democracy and the values we care about, but right here we are looking at some pretty scary legislation which I think will jeopardize the things they are fighting for.
Last week, along with my leader, I met with women from the Muslim community in Halifax and Dartmouth and we heard their real fear of this bill. Many of them came to Canada because they believed that our democratic institutions would protect them from oppressionn but Bill C-36 makes them afraid to answer their doors. Once again it may be the police taking them away because of the ethnicity of their names.
I have also been with teachers opposed to the bill because of its attack on our civil liberties. I have met with immigrant service organizations that tell me of the fear of their clients.
The bill goes way too far, way too fast. I would like to talk about some of the specific concerns we have. I will start with the sunset clause.
One of the ideas touted by numerous witnesses was the idea of an American style sunset clause. This would have the effect of forcing the government to reintroduce, debate and amend the legislation for it to take effect for another period of time. A three year time limit affecting different aspects of the legislation was suggested by numerous witnesses.
The NDP proposed an amendment that would have addressed those concerns. However, the government had already decided that it would only include a watered down sunset clause by which the House and the Senate would vote after five years for a motion to extend the investigative hearing and preventative arrest sections, two of the more controversial measures in the bill. Though this is better than no clause at all, it is not a sunset clause in the true sense. Rather than having to introduce and re-examine legislation, this would simply require the government to tell its members and senators to vote an extension of that which currently exists in Bill C-36.
There is much more in Bill C-36 that should have been sunsetted and properly so. The definition of “terrorist activity” would have been a good candidate for sunsetting, as well as provisions extending powers of surveillance and wiretapping given to Canadian security agencies, along with new ministerial permits allowing the attorney general to exempt information from the Access to Information Act, the Privacy Act, and the Personal Information Protection and Electronic Documents Act.
The only significant amendment made to these final sections was to put a 15 year limit on the life of these certificates as well as to provide for a limited judicial oversight. Though this is a minor improvement, it in no way addresses our concerns about the power concentrated in the hands of the attorney general.
When it comes to the definition of terrorism in the bill, we have substantial concerns. Though we proposed amendments to improve this section, none were accepted and amendments recommended by witnesses, which would have gone a long way toward addressing our concerns, were also rejected. Our amendments would have included the words “extreme terror and intimidation” as motivations for terrorist offences, to make it clear that only acts with those motivations could be considered terrorist acts.
Second, we proposed the exclusion of threats to economic security in that section.
Third, we proposed removing the section that would include the disruption of essential services as a terrorist act.
Finally, we proposed that the government amend the same section to clarify that no acts involving peaceful, civil disobedience could be considered terrorist acts.
We also have concerns with the wiretapping and surveillance provisions. Provisions which, among other things, allow the communications security establishment to monitor communications in which Canadians are a party as well as allowing Canadian security agencies more latitude in seeking and using various surveillance tools are still part of the legislation, unamended and unsunsetted.
We have a great deal of concern about the issue of listed entities. Some important amendments have been put forward by members of the Conservative Party on the issue. We found the section around listed entities to be worrisome. A listed entity has its assets frozen and confiscated. Though there is an appeal mechanism for a listed entity, an appeal is only possible once an entity has already had its assets frozen. Numerous charitable and religious groups are very concerned about this section because the freezing would be tantamount to a death sentence.
In the media we have heard from members of the Somalian Canadian community who see the bill as an attempt to criminalize their attempts to support their parents, brothers and children in Somalia.
We proposed two amendments to this section but none was accepted. We also supported two amendments from the member for Calgary Centre. One would report the seizing of assets and one would reverse the legal onus around the listing of entities, which used to be called labelling of a terrorist group, so that there is some presumption of innocence.
The idea that the government suggests that a person is guilty without trial simply based on a secret accusation from the intelligence community is terrifying. The process allows CSIS to legalize witch hunts.
The Minister of Justice did not listen to the justice committee or to the witnesses who appeared before it. The amendments that were introduced did not adequately address our key concerns.
The definition of terrorist activity is overly broad in the bill. The sunset clause is limited in what it covers. It is incomplete in what it requires and amounts in the end to a 10 year sunset on two provisions of the bill.
Ministerial certificates are still part of the bill and the government has done nothing to address the concerns of charitable and cultural organizations, as well as business that could find themselves unfairly listed. The amendments are at best superficial.
We want to see amendments to the legislation that would make it absolutely clear that this new law cannot be used or abused against Canadians who participate in demonstrations, strikes or other customary forms of political or institutional dissent, or to create big loopholes in our privacy and freedom of information laws. The limited amendments from the government have left the door open for all of these things.
Why should the government be trusted with new powers, which it may use to distinguish between real terrorists and non-terrorists, if at the moment it cannot seem to distinguish between peaceful protesters and violent protesters? If the minister is concerned about the reputation that the government has developed, one would assume that she would make a much more diligent effort to try to clear up this very important issue.
About 10 days ago there were demonstrations less than a kilometre away from the House against the G20, the world bank and the international monetary fund. Television crews caught young protesters breaking windows and spray-painting public signs. This was after scenes of violence at the summit of the Americas in Quebec City and at the APEC conference in Vancouver.
Members should not get me wrong. I oppose vandalism, even of McDonald's, but I also oppose any law that would equate their actions with the evil events of September 11.
I am frankly suspicious of the government, and the tens of thousands of peaceful protesters are also suspicious of the increasing use of police force against demonstrations. The stubbornness of the government in refusing reasonable amendments in this historic legislation gives credence to the suspicions that we have.
I believe in a democratic Canada. I take the civil liberties given in our charter very seriously. I beg that we now take the time and make the effort to produce a piece of legislation that protects our security while defending our civil liberties in this anxious and difficult time.