Madam Speaker, I am pleased to join with my colleagues in the New Democratic Party today to register our strongest possible objections to Bill C-17.
The House will have heard from a number of my colleagues, including our transportation critic, the member for Churchill, who has taken the lead for our caucus on the bill and has put on the record our general and overwhelming concerns with respect to the legislation.
Again this morning the House heard that we were so concerned about the bill that we would like to see the government pull it and begin again. This is the third attempt at an anti-terrorism security legislative proposal. Three times the government has come forward with a proposition that is untenable. Three times the government has come forward with a bill that intrudes incredibly into the lives of individuals' daily living situations, which is a basic infringement on the right of privacy. Three times the government has been told that it is wrong, that it is untenable, that it is unacceptable, that it is not part of the Canadian tradition and that it is not in keeping with our approach to balancing security concerns with individual rights and freedoms.
Three times the government has come back with unacceptable legislation. We say that three times and the government is out. The bill should be rejected and taken off the agenda, and the government should start again.
If we have not said it loudly and clearly enough today in debate, let us go back to some of the experts who have commented on the legislation. I would like to refer to Ken Rubin who, as members will know, is an expert in the areas of freedom of information, privacy rights and in balancing the powers of government in terms of our Charter of Rights and Freedoms. On February 3, in an article that appeared in the Montreal Gazette , Ken Rubin said the following:
The federal government's third try at a Public Safety Act is the most intrusive attack on Canadians' privacy put before Parliament since the War Measures Act.
Those are strong words but they are strong words backed up by facts. Those are strong words that must be taken into account by the government. Surely the government is as concerned as other Canadians with the need to provide balance and perspective, and to ensure that our age long tradition of upholding the rights and freedoms of Canadians is carried on. Surely the government is concerned that the legacy it leaves for future generations is one of balance. Yes, we need to protect Canadians in the face of terrorist threats and attacks, but at the same time we need to recognize that we have an obligation to protect the privacy of Canadians and the rights and freedoms for which we have fought long and hard.
I urge the government today to take heed of those words and to listen more to what Ken Rubin has to say. In that same article he said:
Bill C-17--now in second reading before a special parliamentary committee--has been criticized for its proposal to create an airline passenger data base with more than one intended purpose.
Instead of officials just checking airline manifests for suspicious passengers who fit the profile of terrorists, the bill's drafters want to do more. They would allow CSIS, Canada's intelligence agency, and the RCMP to use the airline information collected to combat terrorism, to catch criminals with outstanding offences carrying a jail penalty of five years or more.
The author of this article goes on to call upon Parliament to put things in perspective and to realize that its fundamental role and responsibility is the protection of that balance and to ensure that government legislation does not cross the line and pervade people's lives to the point where fundamental rights and freedoms are taken away.
The privacy commissioner expressed those same sentiments when he appeared before the committee on February 10. He had some very important words for the government. We had hoped the Liberal members of the committee had heard those words and had taken them into account and would have brought forward a recommendation today whereby this bill would either be fundamentally changed to reflect those concerns or a recommendation that it be scrapped and that the government start again.
This is what Mr. Radwanski had to say on February 10. He said:
As I said in my annual report, recently tabled, in Canada today the fundamental human right of privacy is under unprecedented assault. A series of government initiatives, either under way or being contemplated, threatens to cut the heart out of privacy as we know it. We are at risk of losing privacy rights we have long taken for granted. These government initiatives grew out of a call for increased security after September 11, and anti-terrorism is their purported rationale.
Yes, we are here today to deal with an appropriate legislative response in the face of the terrorist attacks and, in particular, in the aftermath of the September 11 terrorist attack. We are all interested in doing that.
We also know that we have a responsibility to ensure that the legislation that is passed today endures over time and protects Canadians from an unfair intrusion into their daily lives. We have had some time since September 11 to examine Bill C-17 in greater depth and with cooler heads to see what lasting impact it could have on Canadian society.
We also have had time to see how the added security powers exercised by the government since September 11 have impacted in practice on Canadian society and to hear from many groups that have particular expertise in this area.
As with the bills preceding Bill C-17, we have to acknowledge that the legislation before us today goes beyond simply responding in a rational, reasonable way to the terrorist attacks of September 11. It crosses the line and enters into that area where fundamental freedoms are at risk.
We say to the government today that the bill goes too far. The major concern we have with it is its impact on our right to privacy and our right to be treated equally before the law, irrespective of race, religion or where our families originated.
We also have the issues of parliamentary oversight and accountability, the cornerstones of our democratic system of government.
Let me go back and elaborate a bit more on the issue Ken Rubin touched on, the question of airline security and the sharing of passenger information.
The privacy commissioner was very explicit in his comments before the parliamentary committee that it was not the anti-terrorist aspect of the information sharing that was of concern. He showed us that the bill went beyond that, that it would intrude into our traditional protection of privacy and limitations on the state's right to access our personal information. The commissioner warned us about creating the power for officials to go on fishing expeditions for Canadians who may show up in law enforcement databanks but who have nothing to do with security or terrorism.
If we are going to change our fundamental approach to law enforcement we should be having a debate that includes our rights under the Charter of Rights and Freedoms, rather than going through the back door of an omnibus bill.
There is much more to be said but I am sure my colleagues will continue to speak to this very important issue. I would suggest that the government acknowledge the importance of drastically altering the bill. I would suggest that it look at some of the 50 amendments proposed by the New Democratic Party at the committee and, if not, to agree to withdraw the bill and start again in the interests of balancing security with the need to uphold rights and freedoms of Canadians.