Mr. Speaker, I rise today to speak at third reading of Bill C-36, known in short form as the anti-terrorism act. Bill C-36 was introduced in the House to provide needed enhancements to Canada's ability to address terrorism under the criminal code, to make related changes to other laws and to amend Canadian law to improve our ability to respond to discrimination and hatred.
The bill responds to the events of September 11 and the new face of terrorism that was revealed that day. While more than two months have passed since the events of that day, I am sure that none of us can forget the horror of the mass murder that took place.
Since that time this government and other governments around the world have taken significant and immediate steps to improve security. Also, through military and other efforts we have taken very significant steps toward dismantling the base of Osama bin Laden, a terrorist network in Afghanistan.
Nevertheless it would be very wrong to conclude that the threat of terrorism has disappeared, whether from al-Qaeda or from other potential terrorist organizations. We must remain vigilant as a country. Further, we must act in concert with other countries in the global effort against terrorism. It is recognized throughout the world that we need a long term approach to the problem.
The measures in Bill C-36 are a key part of Canada's long term plan to address terrorism. While as I have said the bill is responsive to the events of September 11, it would fill gaps in Canadian law that need to be filled regardless of the events of that day. September 11 has given us a great impetus to act without delay. It is important to emphasize, as the Minister of Justice has done, that these are not emergency measures but rather measures that would allow us to remain vigilant to an ongoing threat.
I will take a few moments to go over the major elements of Bill C-36. I then intend to review the changes accepted by the standing committee which have been reported back to the House.
I now turn to the major elements of the bill. Bill C-36 would implement the international convention on the suppression of financing of terrorism and the international convention on the suppression of terrorist bombings, the two remaining international conventions on terrorism that Canada has not yet implemented. The term terrorist activity is defined under this bill. The definition makes reference to offences that are set out in international conventions relevant to terrorism.
In addition, a general definition is provided referring to acts or omissions undertaken for political, religious or ideological purposes intended to intimidate the public or compel government to act and cause death, serious bodily harm or a number of other serious harms specifically set out in the definition.
The bill would provide for a list of terrorist groups and persons to be made by order of the federal cabinet on the recommendation of the Solicitor General of Canada. Under Bill C-36 comprehensive new terrorism offences under the criminal code would be created.
These include offences relating to participating in, facilitating or instructing terrorist activity and harbouring others who carry out terrorist activity. These offences would criminalize a full range of activities related to terrorism.
The bill would provide for limited and strictly safeguarded preventive arrest as a means of assisting law enforcement officers to disrupt the planning of terrorist attacks.
The bill would also provide for investigative hearings under the criminal code. These hearings, permitted under limited conditions, would be judicially supervised and would require the individual to give evidence to assist the investigations of terrorist offences. Such evidence could not be used against that individual and so protects a person's right to remain silent in his or her own criminal proceeding.
The bill would implement an aggressive sentencing and parole regime for terrorist offences including a maximum of life imprisonment for many offences as well as restricted parole eligibility.
Under Bill C-36 measures would be added to the criminal code on the financing of terrorism. Included within these measures are provisions on the seizure, restraint and forfeiture of terrorist property.
In addition, the bill would amend the Proceeds of Crime (Money Laundering) Act. The mandate of the Financial Transactions and Reports Analysis Centre of Canada, Fintrac, under this act would be expanded to gather, analyze and disclose information on terrorist money laundering.
Also, as a way to assist in drying up the source of funds for terrorist groups and to prevent abuse of Canada's laws on charities, Bill C-36 would enact the charities registration security information act. This act would allow for the removal or denial of charitable status from organizations where there are reasonable grounds to believe that the organizations make their resources available to terrorists.
The focus of these measures is the prevention of terrorism. While our current laws allow us to charge and convict terrorists after they engage in terrorist acts we clearly must be able to do more. The measures in Bill C-36 would significantly enhance our ability to charge and convict those who are in the planning stages of terrorist attacks, to go after those who direct terrorist activity even before the activity occurs, to arrest and impose conditions on the release of persons where this is necessary to prevent terrorist activity, to dismantle the financial networks that support further terrorist activity and to incarcerate for a long period of time those found guilty of terrorism.
There are a number of other significant provisions in the bill. The bill would update and refine the Official Secrets Act to better address national security concerns. The bill would also amend the Canada Evidence Act to allow for enhanced protection of sensitive information during legal proceedings. I also highlight measures under Bill C-36 that are relevant to targeting discrimination and hatred within Canada.
Under the bill a new criminal code offence of damage committed against religious groups and their places of worship would be created. This new provision would send a strong signal that behaviour such as destroying or damaging a church, mosque or temple or interfering with religious activities is completely unacceptable in Canada.
As well the bill would provide a new power to order the deletion of hate propaganda made available to the public through computer systems such as the Internet. The Canadian Humans Rights Act would be amended under the bill to clarify that communication of hate messages using new technologies such as the Internet is a discriminatory practice.
It is now my intention to explain some of the amendments that were accepted by the standing committee and that have been reported back to the House. Under these amendments the major elements of the bill would remain. However the amendments would make a number of improvements and refinements to these elements.
Certain of the amendments would help to clarify aspects of the bill for which misunderstandings might otherwise have arisen. The changes would reflect the government's intent in the bill but would help to ensure that this intent is clearly understood and would be appropriately implemented. Other changes would help to provide additional oversight and control of certain of the provisions of the bill.
In addition to these amendments a number of technical corrections and refinements were made to Bill C-36. I do not intend to review these in detail.
In making these major and minor changes the standing committee listened to the concerns of parliamentarians as reflected in the report of the special Senate committee on Bill C-36, as reflected by comments made by members of the standing committee and as reflected by the debates in the House. The changes would also take into account comments made by numerous other Canadians whether in submissions before the parliamentary committees or elsewhere.
Of course not all the suggestions that were received were accepted by the standing committee. We are grateful nevertheless for the close attention that has been paid to the bill and the thought provoking and useful ideas that have been provided.
Let me begin with the definition of terrorist activity, which has received considerable attention during the examination of the bill. One of the provisions of the definition as originally put before the House excluded “lawful advocacy, protest, dissent or stoppage of work” from the scope of the definition. Some have questioned whether because of the use of the word lawful activities of this type which include unlawful conduct such as assault, trespass and minor property damage might be interpreted as being terrorism.
This was never the government's intent. The fact that an activity is otherwise unlawful does not by itself mean that it amounts to terrorism. Quite the contrary. Therefore the committee has accepted an amendment removing the word lawful.
This would not have the effect of making protests lawful that are otherwise unlawful due to violations of other criminal laws. It would, however, clarify that this specific exclusion from the scope of the definition of terrorist activity applies whether or not the advocacy, protest, dissent or stoppage of work is lawful.
While discussing the definition of terrorist activity I also wish to observe that certain words in the definition that have provoked some discussion were not amended by the committee. These are the words “political, religious or ideological purpose, objective or cause” that refer to the motivations for terrorist activity under the definition.
These words have been retained in the definition as they are absolutely necessary to appropriately define and limit the scope of Bill C-36. It is important to emphasize that nothing in these words would target any particular cultural, religious or ethnic group or political or ideological cause. Rather, the words would help to distinguish terrorist activity from other forms of criminality that are intended to intimidate or compel people by the use of serious violence.
The committee nevertheless recognized that it was advisable to clarify the definition to provide with further certainty that the enforcement provisions in the bill are not to be interpreted or applied in a discriminatory manner or in a manner that could suppress democratic rights.
The committee considered and accepted an amendment that stipulates in this regard that the definition of terrorist activity would not apply to the expression of political, religious or ideological ideas that are not intended to cause the various forms of perverse and extreme harm set out in the definition.
Proper review and oversight of the powers provided under Bill C-36 would also help ensure that the powers are applied appropriately. Many such review and oversight mechanisms were already part of the bill when introduced. The government is committed to ensuring that the enhanced enforcement powers under the bill contribute to the safety and security of Canadians but do not undermine fundamental rights.
The standing committee listened to submissions that additional monitoring was necessary. However, further to these submissions, it accepted an amendment requiring an annual public report by the Attorney General of Canada, the Solicitor General of Canada and their counterparts in the provinces and territories.
This report would concern the powers of investigative hearings and of preventive arrest under Bill C-36. This information would provide an annual check on the use of these provisions and inform the parliamentary review which is to occur within three years.
Let me assure the House that a substantial amount of information is required to be reported. This information is analogous to information required to be reported on the interception of communications under the requirements currently established under the criminal code and analogous to information required to be reported with respect to the law enforcement justification under requirements that would be established by Bill C-24 regarding organized crime which the House approved.
I emphasize with respect to the investigative hearings and the preventive arrest that the provisions for an annual report are supplementary to the considerable checks and balances already provided with respect to each power. We have all seen reports and commentary to the effect that these provisions would allow uncontrolled and unprecedented powers that jeopardize the rights and freedoms of Canadians.
In response to these suggestions it is important to emphasize that both the investigative hearing and the preventive arrest in fact build upon powers already found in Canadian law. Both build upon these powers only for the special purpose of helping preserve Canada's safety and security against terrorist activity. Both are subject to very significant limits and controls and both are subject to direct judicial supervision. Further, both powers have been extensively reviewed to provide confidence that they comply with the Canadian Charter of Rights and Freedoms.
Additional review and monitoring of the powers of investigative hearing and preventive arrest would be provided by making these provisions subject to a sunset clause. The standing committee has accepted an amendment under which each of these measures would be subject to the expiry provided for after five years. Parliament would be authorized to extend this expiry period on resolutions adopted by a majority of each chamber but no extension may exceed five years.
The best sunset clause would be the circumstances that occur where it is never necessary to use these provisions. It is important to note the committee did not accept a sunset clause for the whole of the bill. Such a clause would negate our ability to fulfill international obligations to address terrorism. Further, it would fail to recognize that the need to maintain vigilance against terrorism is a continuous one and that the measures in the bill are balanced, reasonable and subject to significant safeguards.
The power to issue certificates by the attorney general under the Canada Evidence Act, the Access to Information Act, the Privacy Act and other acts prohibit disclosure of sensitive information relating to national defence or security or received in confidence from a foreign entity.
The power to issue such certificates would be a vital addition to our ability to prevent the disclosure of information injurious to international relations, national defence or national security.
At the same time the standing committee agreed that the provisions could be better circumscribed and should be subject to review. For these reasons it accepted amendments under which the certificates would have a maximum lifespan of 15 years unless reissued. The certificates would be reviewable by a judge of the federal court. The certificates may only be issued after an order or decision for disclosure in a proceeding. The certificates would be published in The Canada Gazette .
These changes would substantially enhance the controls on certificates. I observe that the Privacy Commissioner of Canada, Mr. George Radwanski, sent a letter to the Minister of Justice stating that these amendments fully and effectively address the concerns he previously raised about this aspect of Bill C-36.
I want to speak briefly to a matter which was raised at committee hearings and which, it has been said, might relate to the privilege of the House and the Senate to send for persons, papers and records. As the House knows, the subpoena power of parliamentary houses has existed for over 300 years and is essential to their functions.
There are provisions in Bill C-36 which refer to “a court, person or body with jurisdiction to compel the production of information” and related procedures in clauses 43 and 70 which would protect sensitive security information from public disclosure. It would not be the intention of the bill to alter the current status of parliament's subpoena powers and privileges. In fact similar provisions already exist in sections 37 and 39 of the Canada Evidence Act.
Having stated this for our parliamentary record so that the intention of the House is clear, an amendment was made to the bill under Motion No. 7 yesterday for the same purpose of clarifying our intention that parliament's privilege to send persons, papers and records not be affected by this legislation.
Canadians can be assured that the government is taking timely action against the threat of terrorism while at the same time ensuring that rights and freedoms are preserved.