Mr. Speaker, I have very pleased to resume my comments on Bill C-17.
Before this short interruption to deal with the business of the House, I was referring to some of the evidence presented to the committee by officials from Transport Canada and supported by RCMP and CSIS representatives. The government acted upon Bill C-17 as introduced without taking into consideration the amendments brought forward by the Bloc Quebecois and the other opposition parties. They did this simply because what was being proposed, especially by the Bloc Quebecois, all came from members of the civil society who appeared before the committee.
What I am trying to say is that the government fell into the trap. With this bill, it has decided to turn our country into a police state in order to fight terrorism. That is the choice the Liberal government has made.
I will provide some examples. I will be quoting, among others, from the Canadian Bar Association's brief. I will quote some parts of it. First, in the summary, we read:
The Canadian Bar Association realizes that fighting terrorism and ensuring thesecurity of Canadians are important and legitimate government objectives.However, these objectives must be achieved in ways that impair Charter rightsand freedoms as little as possible, through measures that are directly andrationally connected to the desired result. Fear of terrorist attacks cannot be usedto justify increased government power to fight all crime, compromising longstandingconstitutional guarantees.
Bill C-17, the Public Safety Act, 2002, goes further than its predecessors, Bills C-42 and C-55, in safeguarding individual rights. However, it still intrudes upon theprivacy of Canadians in ways that do not always represent legitimate compromises. It continues to allow the RCMP and CSIS to scour airline passenger lists, cross-referencing them with many other databases for possible matches. Bill C-17 has retained subsection 4.82(11), which continues to permit information to be disclosed to any peace officer based on a reasonable belief that it would assist in the execution of a warrant. While the term warrant has been more narrowly defined, it still covers offences that are not always extremely serious and not always linked to terrorism. Canadians currently can choose not to supply personal information to law enforcers, except in certain situations. It is naive to imagine that law enforcement personnel would not act upon inadvertent matches made while accessing passengers’ travel information, even when those matches have nothing whatsoever to do with terrorism. We conclude that all references towarrants should be deleted from the bill.
This was not done despite the amendments brought forward by our party. The brief goes on:
Once passenger information is obtained, it should be destroyed after 24 hours,rather than after seven days. The principle concern is passenger safety and security during the actual flight. We support an independent oversight mechanism to both prevent unauthorized use or disclosure of passenger information and ensure compliance with information destruction provisions.
With regard to the 24 hour timeframe instead of seven days, I will give you an example that is very simple. A Quebecker or a Canadian boards a plane. It was proposed that the information be destroyed 24 hours after the plane has landed, but the bill says seven days.
This means that intelligence agencies could retain passenger information for the duration of a trip and could even pass it on to other agencies. We have agreements with other countries, but we cannot guarantee that all these countries have the same respect for rights and freedoms as we do in Canada.
Therefore, personal information could be passed on to other police agencies in other countries during a person's trip, and that person could very well be put under surveillance or be interrogated by local authorities in these other countries without any assurance that his or her rights and freedoms would be respected.
We tried to make it clear that retaining information for seven days could be prejudicial to the rights and freedoms of Canadians. The Canadian Bar Association also criticized this idea but, again, the Liberals did not listen.
I continue with the positions expressed by the Canadian Bar Association:
Emergency directions made by the Minister or the Minister's delegate should be limited to 72 hours, as proposed by Bill C-17. We also appreciate the additional controls the bill places on when security measures may be made.
This is no longer about personal information. This is about different information or different parts of the bill that do not affect personal information. The Canadian Bar Association goes on to say:
The new proposed offence of “air rage” is both unnecessary and too broad, and should be deleted. Other Criminal Code provisions already cover the type of conduct contemplated.
That is what I was explaining previously. There is a new definition where we add “air rage” to the bill. Someone who has air rage becomes a danger to transportation security and is placed on a surveillance list. From there, the person is put on the permanent watch list of the RCMP and CSIS and finally becomes a dangerous criminal.
Thus, what we heard is that we have to be careful with the words “air rage”. There already have been amendments to the Criminal Code. That is what the Canadian Bar Association told us.
After that. the Bar Association gave us a great deal of information that was repeated by other witnesses. As a stakeholder, I read the comments issued by the Privacy Commissioner on May 12, 2002. His comments were posted on the Internet site. I went to look at them on the site of the Privacy Commissioner, just as anyone can do. These things are not done in secrecy. The commissioner even came to make a presentation to the committee. This is what he said:
In Canada, police forces cannot normally compel businesses to provide personal information about citizens unless they obtain a warrant.
Section 4.82 would empower the RCMP, and CSIS, to obtain the personal information of all air travellers without a warrant.
What does this mean? This means they can go through our personal information. As mentioned earlier, the Deputy Commissioner of the RCMP said that in any case, it is information we give out every day. I illustrated that in the bill, the schedule lists 34 items of information we must provide. Clearly, it is incorrect to say that this is information that is provided daily. It is information about our methods of payment, the type of credit card used and so on. These are not things we provide to everyone, every day. It is incorrect to say so, yet that is what the Deputy Commissioner claims.
What is clear is that we have to provide it. On top of that, they will probably keep the information—that is what the Canadian Bar Association told us—for seven days. If ever they have a doubt, this could extend beyond seven days up to a year according to the legislation. After a year, it is up to the RCMP and CSIS to destroy the information. That is the beauty of the system, there is no oversight mechanism.
Of course, the privacy commissioner asked us to make some additions so that he might be allowed to look at the type of information that would be kept for more than seven days. He wanted to have this special power. He wanted a clause on this. He was supported by the Canadian Bar Association. Of course, the association was willing to support the privacy commissioner's request so there could be a provision allowing him to look at this. The privacy commissioner is a non-partisan official who must represent Quebeckers and Canadians, that is, he is supposed to be one of the most non-partisan people. He is responsible for protecting rights and freedoms. Thus, it would have been only right to be able to add to clause 4.82 a provision that would allow him to look at the information that will be kept for more than seven days.
We had hoped that this would have been the information that was kept for more than 24 hours, because we wanted it destroyed after 24 hours. The government would not agree. But the fact remains that it is only the RCMP and CSIS that will decide, along with Transport Canada, what type of information that they will keep for more than seven days and up to one year. It is the RCMP and CSIS that will decide after one year which will be kept and which will be destroyed.
Believe it or not, regarding personal information and the retention of documents, in Canada we have an information commissioner. Of course, members understand that this bill amends the information commissioner legislation. In theory, through the Access to Information Act, any citizen may, under certain conditions, obtain information.
It is even worse if it is one's personal file.
The beauty of this bill, then, is that the RCMP and CSIS have managed to get the government, the Liberal members, to understand as well that the information retained more than seven days, and more than one year, will be part of this data bank and never available under access to information. Never means never. No one will ever know if there are documents about them being retained.
This is what is stated in clause 107 of the bill, which prompted the following comment by the Information Commissioner:
If clause 107 is adopted, this information will need to be kept secret forever. There are certainly no reasonable grounds to justify the adoption of such a measure in a healthy democratic country.
This is a statement made not just by anyone but by the Information Commissioner, on page 10 of his submission to the committee. He is the one saying it, and it was repeated to the Liberal members on the committee. An amendment was moved saying this made no sense.
Believe it or not, in the present Access to Information Act, there are provisions allowing the commissioner not to disclose information for reasons of national security. He already has that right, if ever it can be proven to him that national security is at stake—because it is often information held by a department—he has the right not to disclose it, already has that right. There are already provisions to that effect.
But that is not enough for the RCMP or CSIS, Transport Canada or the Liberals. On top of that, we have to amend the legislation by adding section 107 which states that we will never know if there is information on us within the data banks of the RCMP, CSIS or Transport Canada.
I repeat, and then I will conclude on the presentation of documents. I will reread what the Access to Information Commissioner said to us:
If clause 107 is adopted, this information will need to be kept secret forever. There are certainly no reasonable grounds to justify the adoption of such a measure in a healthy democratic country.
This is not the Bloc Quebecois speaking. We have simply been reporting what civil society is saying. That is what we did in committee. And that is what we are doing once again today by rising in debate on Bill C-17. That is why we keep asking, “Why try to pass legislation that has been amended three times already?”
The government has now introduced in this House three bills, about which the privacy commissioner has the same comments to make every time. There are also recommendations and requests from the information commissioner, the Canadian Bar Association, the Law Society of Upper Canada, and the Barreau du Québec. Everyone is saying the same thing, “Watch out, this bill goes too far”.
We keep asking the same question. What could Transport Canada not do in the minutes, hours and days following the terrible events of September 11 that such a bill will allow it to do? Nothing.
Canada already has the Emergencies Act. It has been used. What the government is doing today is turning our society into an increasingly policed society, our state into a police state. That is what is happening. The RCMP and CSIS have been pushing for this. Transport Canada gave its approval in order to finally be part of those in the know, which includes Customs, Immigration, the RCMP and CSIS. It now belongs to this group of organizations that have information on people. That is something the Bloc Quebecois will never approve of.
We never did, and that is not about to change. I would not want anyone from Quebec, any man or woman from Quebec or Canada to unwittingly fly on the same plane as a member of a biker gang. Should the authorities decide that this person is a threat to security and is a member of a criminal biker gang, the anti-gang law could apply. If this person flew with us, we would all be under surveillance. We would be under surveillance for the entire duration of our trip. Following our seven-day trip, the information provided about us is likely to be retained.
All this because we had the misfortune of being on the same plane as someone from a criminal biker gang. Sometimes there are warrants out for them and they can be arrested, but when there is no warrant, they are under surveillance and we know how the Organized Crime Act works, it is not always easy to prove things. We would be part of a group of people that is being watched because we had the misfortune of boarding a plan with someone who might be dangerous because he has ties with organized crime. I am sorry, but we do not deserve to be treated like this in the guise of fighting terrorism.
That is the message of the Bloc Quebecois. That is also the message of representatives of civil society who appeared before the committee. On four occasions, the committee heard from representatives of the RCMP and CSIS, who told us, “Do not worry about this. You will see, it is not true that we keep records on all sorts of people however and whenever we want”.
I can trust the commissioners, maybe even the deputy commissioners, but there are a lot of officials at the RCMP. There are all kinds of investigations going on about the police. Should we be able to trust all police officers? I would think so, but as with everything, there are always exceptions.
That is not what I would like to see happen to the public, to a citizen of Quebec or Canada. I would not want people's rights and freedoms to be violated inadvertently because we are cavalier about retaining information that the privacy commissioner, the access to information commissioner, and especially the lawyers who could end up defending us no longer have any control over. They have lost their rights in all this.