I am honoured to have an opportunity again to speak to this important piece of legislation.
I listened carefully to the debate of other members and I think a theme of alarm at least on the opposition benches is being raised as to the far reaching and extraordinary powers the bill places in the hands of the government but perhaps of more concern, a single minister within the government.
The bill has far reaching and long term implications for the country. It touches on no less than 20 pieces of legislation, some of which I would suggest should have been dealt with separately. As is often the case, we see legislation introduced in an omnibus format that lumps numerous unrelated issues together. That is true to perhaps a lesser extent in this particular bill but I want to mention for the record some of the elements of the legislation that touch on previous and existing bills. These include the Quarantine Act, the Pest Control Products Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Canada Shipping Acts, the Biological and Toxin Weapons Convention, the Radiation Emitting Devices Act, the National Defence Act, the Marine Transportation Security Act, the Export and Import Permits Act, the criminal code and the Canadian Environmental Protection Act.
Let us not beat around the bush. This is a comprehensive bill. It brings about new powers and a new level of concentration of power within the hands of the government. A further concern is the traditional checks and balances, the traditional role of parliament which is further bypassed and marginalized by the form and direction in which the legislation is brought in.
I would not go so far as to use the words of the federal privacy commissioner who termed this type of bill totalitarian when discussing aspects of the legislation. I would not go so far as to even use some of the language of the privacy commissioner in informing Canadians of his legitimate concerns. Yet this is coming from an impartial parliamentary watchdog, someone who is mandated to review bills, situations and actions of government. He specifically stated that there is overriding concerns that should give reason for pause and cause all Canadians to take a closer look.
My fear, as is the fear of other members, is that it has not been the case. This debate is hopefully giving Canadians a window on what the ramifications might be. There are a number of ways in which the bill will impact directly on individual civil rights, individuals' freedom of mobility and their right to privacy. The bill represents another seriously flawed piece of legislation.
Perhaps of note is the necessity of the legislation. Do we need it? Why do we need it? Is there not existing protections that have us covered and at the same time provide protection and checks and balances?
I mentioned the Emergencies Act. There has been no clearly articulated position from the government as to why there is an insufficiency, gap or necessity, given the current parameters of the Emergencies Act, to justify bringing in this new bill. I will dwell for a moment on that and give a brief comparison of what the Emergencies Act and Bill C-55 can actually do so that there is a context.
Bill C-55 has no other objective than to give ministers more arbitrary power that would come in the face of a real threat. That is to say the premise or starting point is that a real threat has to exist. This is the issue that was going to no doubt lead to a disruption, threat, perceived or real impact on Canadians' lives. However the legislation that currently exists, the Emergencies Act, allows for a swift and decisive response from government.
The Emergencies Act is a declaration of an emergency, the starting point. It becomes effective immediately upon proclamation, immediately upon the government declaring that such a state exists. The issue also goes to parliament within seven days. Within seven days, not 45, that issue must be before parliament.
Even if parliament is not sitting it should be recalled for a reasonable response. Parliament could then debate the declaration of the emergency immediately and have an opportunity to either vote or endorse the invoking of the emergency.
Every order or regulation that comes out of the Emergencies Act must go before parliament within two sitting days. There would be an exemption for an exempt or classified order. That is reasonable given the circumstances. If the military determines that it is of such grave and pressing concern that it be kept secret, so be it. However all of these issues would be sent to parliament and an all-party parliamentary review would occur and could be sworn to secrecy.
Parliament could revoke or amend any order or regulation. That is a check. That is an effective ability to involve parliament, the democratic process and the people of Canada. That is the state of the current legislation that we have today. Legislation is in place if an issue were to come before this country of the magnitude and gravity that would warrant an emergency being declared. I again ask the rhetorical question: Why do we need Bill C-55 if that is the case? Bill C-55 would allow the government to circumvent those checks and balances that are currently in place under the Emergencies Act.
By comparison Bill C-55 would also come into effect immediately. There would be no declaration of emergency being proclaimed by the government nor would the matter come before parliament. Parliament is cut out of the loop. Parliament has no vote on the existence of the determination of the emergency. There are no interim orders to be tabled in the House until the first 15 days in which the House is recalled. We do not know when that recall might occur. There is no debate on the state of emergency. Parliament cannot revoke or amend any emergency orders.
Under the Emergencies Act parliament is the place where the orders would be debated, amended, defeated, approved or reviewed. The government would be held accountable under the current legislation. Under Bill C-55 parliament is placed on the sidelines and the orders that are brought forward are not subject to parliamentary scrutiny. We become a clearing house, a publishing place for the government's decision. The government is not accountable directly under Bill C-55.
Putting this much power into the hands of the minister does nothing to benefit Canadians. On the other hand it does a great deal more to move toward this trend of arbitrary power. It cloaks the government in greater secrecy. In the current environment, is this something Canadians should feel comfortable with? They should be asking themselves if they feel that they can trust the government to make that kind of arbitrary, unchecked decision and are they prepared to live with it. That would be the effect of Bill C-55. It would bypass the scrutiny that would occur in this place in the most basic of circumstances.
Canadians will come to the conclusion that they do not feel comfortable with the bill. It then begs the question: Does the bill represent another seriously flawed piece of Liberal legislation, the type of legislation we have seen in the past that is stubbornly clung to by the government?
Bill C-68 was a perfect example of a registry system that quadrupled in expense from its original intent. It has not worked. It has not protected Canadians. It was presented to Canadians in a mendacious and incorrect way. Clearly, if the bill is in place it would be difficult to revoke and bring back those powers. The Liberal government has demonstrated that it will not change its mind and admit there was any wrong.
This power concentration and power grab continues. The bill is another example of that. The changes to the National Defence Act are the best example. They have been highlighted by many members. The very arbitrary ability to locate and designate a controlled military zone and all of the powers that flow from that decision are scary. There is a need to look at the bill in greater detail to bring about the changes that would ensure the protection of Canadians. Interim orders made by one minister can have a drastic and detrimental effect on the average Canadian's life.
It is for that reason I would like to bring forward an amendment to the bill. I move:
That the motion be amended by deleting all the words after “That” and substituting the following:
“this House declines to give second reading to Bill C-55, an act to amend certain acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety, because it constitutes an autocratic power grab by the Liberal government at the expense of parliamentary oversight and the civil liberties of Canadians”.