Madam Speaker, in my riding in Yukon there is a wide diversity of opinions on this bill and certainly there is across the country. That is not unexpected on a bill that is so important to us all. It is not necessarily bad because hopefully the dialectic debate among those opinions will help us come up with the best bill possible.
Certainly some of my constituents share the fear experienced since September 11 and would like to feel more secure, but they also agree that in providing this protection every effort should be made to maintain the type of society and personal freedoms and human rights that we enjoy today. I have talked to people in Dawson City, I have received e-mails on concerns and I have talked to at least one constituent who does not feel the bill is necessary at all.
It is for these reasons and concerns that I am very appreciative that lawyers reviewed the bill with regard to its relationship to human rights before releasing it. It is also why I was very encouraged to hear that the all party justice committee recently met until 3 o'clock in the morning to make a number of amendments related to these major concerns with the bill before completing its work.
Today I want to talk about one of those technical amendments in regard to the review mechanism for the attorney general's certificates. There is a basic, major reason for this section of the bill. If foreign countries have information on terrorism that can help prevent an act in Canada but cannot release it to us without protection and certification that we are protected, they may not be able to give it to us. This would allow them to give information that may protect Canadians from injury and we could provide protection for that information.
A great deal has been said about these attorney general's certificates. In response to comments received from witnesses a number of changes were made in committee, on government motions, concerning these certificates. Following is a list of some of these changes.
The first change is that the certificate can no longer be issued at any time but only after an order or decision for disclosure, for example, by a federal court judge in a proceeding.
The second change, and a major one, is that the life of the certificate is limited to 15 years unless the certificate is reissued.
The third change is that the certificate would be published in the Canada Gazette .
The fourth change is that the certificate would be subject to a review by a judge of the Federal Court of Appeal.
Finally, the existing provisions and process for the collection, use and protection of information are preserved under the Privacy Act and the Personal Information Protection and Electronic Documents Act.
Bill C-36 would allow the attorney general to issue a certificate in connection with a proceeding under the Canada Evidence Act to prohibit the disclosure of information for the purpose of protecting national defence, national security and information obtained in confidence from or in relation to a foreign country.
The attorney general's certificate process is intended to apply in exceptional cases only as the ultimate guarantee that ensures the protection of very sensitive information by the Government of Canada. The protection of this information is of particular concern in relation to information obtained from our allies.
When information is given on the condition that it not be released to a third party without the consent of the originating country, and where the consent is not given for such release, we must be in a position to meet our obligation. The attorney general's certificate provides the means to do so. It provides an insurance and an absolute guarantee that this information will be protected. The certificate could only be issued personally by the Attorney General of Canada and only where very sensitive information is threatened by disclosure in individual proceedings. It does not exempt entire departments or all information from the Privacy Act or the Access to Information Act.
Where a certificate has been issued it would also prevent the disclosure of the same information contained in a record under the Access to Information Act or the same personal information of a specific individual under the Privacy Act and the Personal Information Protection and Electronic Documents Act. It would be pointless to protect information from being disclosed in proceedings when the same information could be disclosed under the Access to Information Act. The certificate would also suspend only the right of access under the Privacy Act and the Personal Information Protection and Electronic Documents Act, but the existing provisions and process for the collection, use and protection of personal information would be preserved under these acts.
The amendments made in the committee restrict the timing of issuance of a certificate. Initially the wording of the bill allowed for the attorney general's certificate to be issued at any time. The bill now has been amended to stipulate that the certificate could only be issued after an order or a decision for disclosure of that information has been made in a proceeding.
Some concerns have also been expressed that in the absence of a review mechanism and a specific limit on certificates, the power to prevent disclosure could be used too broadly. The government has listened closely to Canadians on this issue. The certificate process was amended so that a judge of the Federal Court of Appeal would be given an independent review role to ensure that the limited scope of information for which the certificates may be issued under the legislation is respected. Further, the certificate is now limited in time. It expires after 15 years but could be reissued by the attorney general. Finally, each certificate would be published in the Canada Gazette .
These provisions allow the government to continue to continue to protect highly sensitive information. This stability is essential in order for Canada to play a meaningful role with its international partners in confronting terrorism, both at home and abroad.
To conclude, I cannot help but think of the people in the World Trade towers a few minutes before the planes hit, the secretaries and other workers who were mothers and fathers, and more important, of their children who were at daycare, in school or at home. I cannot help but think that every day innocent Canadians, innocent parents, also go to their workplaces. Hopefully we can do anything in our power so that these parents who are in the workplace every day in Canada will return home that evening and not be prevented from doing so by some ruthless terrorist attack.