Madam Speaker, all over the world, courts and authorities are reacting to the various security certificate processes in place in their respective countries.
In Great Britain, New Zealand and even the United States, the conclusion has been reached that it is impossible to imprison an individual without laying charges against him. It has also been concluded that permanent residents have rights and that those rights are being trampled on by certain procedures such as security certificates.
The Bloc Québécois understands the importance of public security and understands that special measures need to be taken in special circumstances.
I would, however, like the minister to explain to us how he can go so far as to hold men in detention for years without any charges being laid, as he is doing at present.
Let me explain. The Bloc objects to the burden of proof, which requires the certificate to be maintained as long as there are reasonable grounds to believe the person is guilty. This belief in guilt is contrary to the concept of presumed innocence, which is one of the foundations of our legal system. We want to hear the minister's justification for contravening the very basis of our legal system in this way, even if it is in the name of public security.
The Bloc is also very concerned that the decision with respect to the reasonableness of the security certificate is left to the discretion of a single judge, without any possibility of appeal. The basic principles of law should apply to all refugees and all permanent residents.
Moreover, the Bloc condemns the double role of a judge who has to both decide the issue and act as defence counsel in hearings from which the accused and his or her lawyer are excluded. The Bloc asks that the Immigration and Refugee Protection Act, which allows foreign nationals and landed immigrants to be arrested without warrant, be amended.
It is requested that the definition of the rights of permanent resident be considered on its merit by a tribunal, and not by a member of the executive, given that, like a citizen, a permanent resident has the right to be treated fairly, without secret evidence or ex parte procedure, that is, without the presence of a witness.
The Bloc Québécois believes that the current provisions and standard of proof are excessive and discriminatory.
Like a citizen, the permanent resident has the right to be heard before an independent tribunal. He has the right to equality before the law. He has the right not to be exposed to arbitrary detention and the right to be released on bail. He has the right to appeal and to request a judicial review.
We are therefore anxious to understand the minister's arguments supporting such a procedure depriving permanent residents of their most fundamental rights and to understand why he is denying them a fair and equitable trial like anybody else. Canada's credibility and transparency would be improved.