Madam Speaker, I am pleased to speak to Bill C-17, the public safety act, which has gone through a number of morphs over the course of a couple of years. Surprisingly enough even after 9/11 a couple of years ago, we have survived without the bill being in place. Canadians and those participating in that experience on that day did a fantastic job. They were not blocked in any way, shape or form by individuals or different government departments or different organizations. I have yet to hear anyone who objected to what happened. People did not raise concerns over having their rights infringed upon. However, that has not been the case with this bill.
I am sure the member who chaired the committee on Bill C-17 will reflect that the witnesses we heard from the government side, the department side and the police associations felt it was quite okay to infringe on the privacy and civil liberties of Canadians. Pretty much every other person who appeared, all very knowledgeable, respected people in their fields, Ken Rubin, former minister of the crown Warren Allmand, Clayton Ruby, representatives of different civil liberties organizations, representatives of bar associations from Quebec, B.C. and throughout the country, strongly voiced their concerns. This was not some whimsical idea that this was not a worry. They voiced their concerns about the infringements on the basic civil liberties and privacy rights of Canadians.
Those people did not do it whimsically. They did not say they did not agree with putting in place ways of addressing terrorism but there was a general feeling that what is in place already will do the job. Within the bill there are numerous other departments that come into question. There are issues related to the National Energy Board, the Canada Shipping Act, the Food and Drugs Act, biological and toxic weapons, Navigable Waters Protection Act. There are a number of different departments that are tied into it and no one objected, saying in the event of terrorism we have to be able to respond. No one objected to that.
The strongest objections were in the area of protection of the rights of ordinary Canadians. We are not talking about protecting the rights of criminals and terrorists. We talked about Canadians on the street having the basic right of not having a police intervention with them for something as simple as walking down the street or boarding a plane, simply because they are boarding a plane. It was an issue of privacy and civil liberties.
I want to read a couple of comments to give some background as to why there was such concern. Privacy Commissioner George Radwanski said:
It is in fact, of the various concerns you have heard and will hear as a committee, probably the easiest to fix, because it has absolutely no bearing whatsoever on either transportation security or national security against terrorism, which of course are the objects of this bill.
That is very important because numerous times what we heard appeared not to be an issue related to national security or the object of the bill which was transportation security.
And yet, it is also a concern that is crucially important because of the precedents the provision in question would set and the doors it would open, which are of grave concern from a privacy point of view.
I want to emphasize this because of the attitude that if we have nothing to hide, we should not worry about it.
I want to emphasize, in addressing this issue, as I emphasized in my annual report, which was made public last week, that since September 11, I have not once objected to a single actual anti-terrorism measure.
Nor has anybody else in this country.
I regard it as of course unthinkable that, as Privacy Commissioner, I would for a moment seek to stand in the way of any measures that are genuinely and legitimately necessary to protect Canadians against terrorism. I have not done so and I would not do so.
That is the Privacy Commissioner. I emphasize that I believe that is the position of each and every one of us in Canada.
But the provision in question, as I say, is not related to anti-terrorism or transportation security. Rather it is something slipped into this bill that really is quite unrelated to its purposes. What I am referring to are the aspects of proposed under section 4.82 of the bill, and specifically proposed subsection 4.82(11), which empowers RCMP officers examining passenger data, even on flights entirely within Canada, to notify local authorities to take appropriate steps to effect an arrest if they happen to identify anyone who is wanted on a warrant for any of a wide number of Criminal Code offences completely unrelated to either terrorism or transportation security.
The bill, which the government flaunted and I believe preyed upon the fear people had after 9/11, is not being used to address transportation security or anti-terrorism. It somehow wants police forces and other agencies throughout the country to use it for reasons other than what the government says was its mandate in the bill. That is unconscionable.
Mr. Radwanski went on to say:
My difficulty with this, let me stress, has nothing to do with trying to protect criminals, and in fact sorting out this provision would in no way protect criminals. The difficulty, rather, is that it opens the door for the first time in a completely inappropriate, and in this instance unnecessary, way to mandatory self-identification to the state, to the police, for general law enforcement purposes.
When I came to the House I never thought there would ever be an issue in Canada of the police coming up to me and saying “I want to see your identification. Do you have a reason for being here?” I think each and every one of us believes we have the right to be somewhere and that we do not have to answer as to why we are there. If we have not committed a criminal act we should not have to indicate that to anyone.
As a result of this bill and as a result of some of the other measures that have been put in place in Canada, I felt that there was an infringement on my privacy and my rights for no good reason. It scared me. At one point I heard from the Muslim Lawyers Association. I tried to put myself in the position of someone of Muslim ancestry at a time when we were dealing with the whole issue of 9/11, and I felt even more insecure and even more infringed upon as a Canadian. As a white Canadian one would not be targeted the way some other racial groups are.
My riding has a large aboriginal population. Over the years I have seen aboriginal people in Canada targeted with jokes and comments. We know historically that things have happened to different groups of people, but we all need to be honest. It does not usually happen to the white population, and that is because most of us are the white population. The worst case scenarios may never happen to us. As a result we lose sight of the fact that those groups to whom the worst case scenarios will happen have every right and reason to have even more concerns about the bill than we have.
I cannot believe I only have one minute left to speak to this issue. It is a very important issue relating to the privacy rights and civil liberties of Canadians. The Privacy Commissioner listed one real concern and I have given it here. Those same types of comments came from other people who were here representing the lawyers groups and the bar associations. We could all make comments about lawyers in general, but I think we all truly believe in our hearts that they represent the best interests of Canadians within the judicial system. No one was saying that they were going to protect criminals over the rights of others. That is not it. It is that we want to protect all people in Canada from an infringement upon their privacy and their civil liberties.
There is no need for a number of sections of the bill. I quite frankly do not believe the bill has to be in place. I recognize that the government wanted to make some changes which is fine, but on issues related to privacy and civil liberties, they are not acceptable. For that reason alone the bill should not be accepted unless there are further safeguards put in place to protect the civil liberties and privacy of Canadians.