Mr. Speaker, it gives me great pleasure to rise today to speak on Bill S-37, to amend the Criminal Code and the Cultural Property Export and Import Act.
Obviously, it was high time we took steps to amend Canadian legislation so that the protocols that have been signed—including two protocols to the UNESCO Convention for the Protection of Cultural Property in the Event of Armed Conflict—can be put into force in Canada. It goes with saying that since ancient times, but particularly after the second world war, conflicts have led to even greater destruction. Whether due to bombings or wilful acts, this has resulted in wide-scale destruction of cultural property, including archeological sites, historical monuments and churches. So we needed to ensure we have the means to protect our architectural and cultural heritage.
Naturally, the two protocols I mentioned, from 1954 and 1999, needed to be signed. However, we can say today that Canada unfortunately took its time in ratifying these protocols. While the first protocol on cultural property was signed in 1954, it was not until 1998 that Canada acceded to this protocol. Worse still, Canada took its time not only before acceding to this protocol, but before putting it into effect and before amending Canadian legislation, including the Criminal Code.
After Canada acceded to the protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, it took seven years before the government acted and amended its legislation. We can most certainly say today that we are proud to see that the government is taking some action and amending the Criminal Code. However, we on this side of the House would have preferred to see the government act faster and take a more preventive and concrete approach.
In fact, the situation is somewhat similar to that for the Kyoto protocol or any other international protocol. It is not simply a matter of signing a convention or a protocol, whether it be the United Nations Framework Convention on Climate Change or the Kyoto protocol. Measures have to be taken inside our borders. Our laws must be amended to ensure that Canada’s international commitments, notably to the protection of cultural property, can be reflected in those laws. That is the goal of Bill S-37 which we are studying today.
These two protocols have a number of purposes. Most notably, they are designed to provide attorneys general with the means to pursue individuals charged with theft of cultural property. They also offer mechanisms for the restitution of cultural property that has been illegally exported.
Through these two protocols, particularly that of 1954, the government has indicated its intention to bring about improved protection. What does the first protocol do? First of all, it specifically identifies cultural property. Second, it prohibits the export of cultural property from the territory. Third, it requires that such property be returned to the territory of the state from which it was exported. These are the three objectives of the first 1954 protocol to the UNESCO convention.
To date, 114 states have ratified the protocol and are parties to the convention, and 88 states have implemented it. Of course, one may very well have signed the UNESCO convention, but that does not mean that all states are automatically members and have signed the protocol.
Clearly, Canada ought to take steps to sign this protocol as quickly as possible. As I said earlier, we would have preferred that it do so more quickly and table implementing legislation. Nonetheless, we support the principle of Bill S-38.
The second protocol, of 1999, is designed to take measures to ensure the implementation and proper management of the international commitments made by the parties to protect cultural property. To that end, the first objective is to set up an intergovernmental committee for the protection of cultural property in the event of conflict. The second is to create a fund to assist the states party in implementing the protocol. A final objective is to introduce a stronger system for the protection of cultural property.
This 1999 protocol came into force in March 2004. Over 20 countries ratified it at that time. This second protocol is the subject of the implementing bill that is before the Commons today.
It is important to remember that this bill is designed to amend not only a number of statutes, but above all the Criminal Code, so as to give more powers to the attorney General. He will then have every means at his disposal to launch legal proceedings. It was important to do this, because to date this has not been permitted by law.
The bill is also intended to amend the Cultural Property Export and Import Act. In section 4 of this act, a part is added entitled the “Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Protocols”. It clearly states that it is prohibited to export or remove cultural property from an occupied territory of a state party to the second protocol. The convention also describes the mechanisms for recovering and returning the property in question.
The bill provides mechanisms under both this act and the Criminal Code for the Attorney General to intervene and institute actions. The protocols also provide that a state party, which has ratified and adhered to the protocols, must make a certain number of commitments which shall govern its actions in the event of a conflict, or also when there is no conflict, in order to preserve cultural property.
In peacetime therefore, the parties agree to safeguard cultural property located on their territory by making inventories, planning emergency measures in the event of fires or collapsed buildings, preparing to remove cultural property or adequately protect it, and designating authorities responsible for the preservation of this property.
In times of war, the states party must protect cultural property located in occupied territory and, in particular and so far as possible, take the necessary actions to preserve it.
The Canadian armed forces are regularly called upon, we must remember, to carry out operations in regions subject to pillaging and the destruction of cultural property. Their duties require that strong measures should be taken to sensitize deployed CF members to this convention.
What we have here is nothing more or less than a bill to amend our legislation and ensure that Canada keeps the commitments it has made on the international scene under the UNESCO convention and the two protocols that it has signed, one in 1954 and the other in 1999.
As indicated, I would conclude by saying that we fully support this bill in principle.
However, we must speak out about the fact that we would have liked Canada to act more quickly to respect these two protocols. We also would have liked the government to take the necessary steps to implement this protocol so that we could rest assured not only that Canada would keep its international commitments but also that heritage and archeological sites and cultural property will be protected in times of peace as in times of war.