Mr. Speaker, I rise on behalf of the constituents of Surrey Central to participate in the second hour debate on Motion No. 432 moved by the Bloc member for Rosemont--Petite-Patrie. I would like to thank the member for bringing the motion to the floor of the House.
The motion calls on Canada to ratify the inter-American convention to prevent and punish torture. Earlier, when the member for Okanagan--Coquihalla, the senior critic for foreign affairs for the official opposition, spoke to motion, he articulated his position during the first reading of the motion.
The inter-American convention to prevent and punish torture seeks to prevent torture at the hands of a public servant, an employee or a person who acts on their behalf.
Nothing can every justify torture. All acts of torture or any other cruel, inhumane or degrading treatment or punishment constitutes an offence against human dignity and are violations of the fundamental human rights and freedoms. Protecting and promoting human rights is a cornerstone of our foreign policy. Of course torture against citizens by a government should be prohibited and condemned. However I have concerns with this motion for several reasons.
First, the definition of torture in this convention is simply too broad. I feel that if this convention were ratified, the implications on Canada's police and correctional services could be negatively impacted. Canada's police forces have enough to worry about without having to fear that by using pepper spray to control a deranged attacker or by holding someone in a modest cell they will be found to have tortured the individual and will be punished for simply performing their duties.
We have all seen how vague definitions have been used by courts to expand the scope of the legislation beyond what was intended by the legislators. This legislation speeds this along by being too sweeping in the first place.
I feel that Canada has enough safeguards in place to protect the rights of perpetrators of crime and it would be those individuals who will be mostly likely to take advantage of any greater protection this convention would afford them. I feel that Canada has to turn its attention to the perpetrators of crime rather than continuing to put safeguards in place to protect them.
Second, acts that would constitute true torture are already illegal in Canada. Those protections are already in place. To use the broad definitions of torture contained in the convention would simply open up a whole new set of challenges for our law enforcement community in Canada.
Third, Canada is a signatory to the UN convention against torture and other cruel, inhumane or degrading treatment or punishment. After the deposit of its ratification instrument in 1987, Canada was one of the first state parties to this UN convention. This convention has a much more reasonable and narrow definition of torture. To avoid conflicts, if Canada is to ratify any convention on torture there must be only one definition of torture used.
There is no question about the laudable aims of the inter-American convention. Though it is perceived that the UN convention against torture provides higher standards and stronger protections than the organization of the American states convention. Nevertheless, there is already a very strong and effective international mechanism with broad support. We must seek further international support in order for that mechanism to become universally accepted.
The fourth concern I have is that under this convention torture includes “inflicting physical pain as a preventative measure or as a penalty”. I am concerned that those who would seek to deny parents the right to administer corporal punishment to their children would use the ratification of this convention to further their efforts to deny parents this option.
I am concerned that a teacher trying to break up a schoolyard fight and confine the troublemakers to keep them separated could be prosecuted under a broad definition such as this.
Although preventing torture is a commendable goal, ratifying this convention would cause more harm than good. The Canadian Alliance does not condone the use of torture, however the definition of torture in this convention is too vague and could cause problems for law enforcement and correctional service agencies.
Since we are talking about human rights, I would also like to take this opportunity to bring the attention of the House to another very important issue. The sudden and unexpected disbanding of British Columbia's human rights commission is quite disturbing, particularly when provincial legislation has not been defined, debated or passed by the legislature.
Consultations on the proposed legislation are ongoing through September 15 with debate commencing this fall so the final definition of this legislation is still unknown. It would appear that the province is placing the cart before the horse and circumventing the democratic process of the legislature.
By immediately disposing of B.C.'s human rights commission, it places all human rights complaints and administration in the lap of the Human Rights Tribunal.
It is perceived by my constituents that under new legislation there will be no separation of authority between a body, which is a commission, that mediates and investigates complaints, provides legal, educational and advocacy support from the body, which is the tribunal, that executes the judicial functions.
By doing so, greater authority is placed in the hands of the tribunal that is to fulfill the mandate of both the commission and the tribunal. It will mediate and investigate complaints, select cases for judicial review, as well as exercise final judgment.
This action begs the question: What body will provide an impartial voice for the disadvantaged and minorities? Moreover, B.C. is now the only province in Canada without a human rights commission. This is in contravention of the UN convention requiring state, which is provincial, human rights agencies to be provided with adequate resources to investigate and promote human rights standards as set out by the United Nations, which has been ratified by Canada and thus upheld in law in Canada.
It was only this past April when Canadians marked the 20th anniversary of the Canadian Charter of Rights and Freedoms that afforded Canadian citizens protection from unreasonable and arbitrary government actions in their pursuit of justice.
It is difficult to conceive that British Columbians in pursuit of justice and a human rights tribunal left in a judicial limbo while waiting for an amended legislative mandate that remains to be defined.
Certainly, with virtually no official opposition within the B.C.'s legislature, it is evident that this legislation will pass. However a government should not and must not be so presumptuous as to act before the public consultation process is completed and the laws are democratically passed by elected legislators.
Already the human rights commissioner and others that were summarily discharged will be pursuing legal action.What it cost the taxpayer to pursue this in the courts? The process has already gone too far to backtrack.
I implore the offices of the premier of British Columbia and the Prime Minister of Canada to take immediate steps to fulfill their obligations under the laws of Canada and the UN charter to ensure that the human rights of British Columbians will not suffer as a result of the actions prematurely taken by the province.
I will be writing a letter to the premier of British Columbia. I will also be urging the Prime Minister and this Liberal government to make sure that the law is upheld and that we respect the United Nations charter that we signed.