We would appreciate it if members of the government were more careful with their tributes, Mr. Speaker, but it might come back to haunt them later.
The member for Marc-Aurèle-Fortin shouldered his responsibilities and suggested a plan. I repeat that we understand perfectly well that this is the federal government's responsibility, as regards its own institutions and jurisdictions. That is what federalism is. If Gérald Beaudoin and Henri Brun, two eminent constitutionalists, were here, they would tell us that federalism has three defining characteristics: first, two levels of government, each one sovereign in its areas of jurisdiction; second, a constitution; and third, a forum for arbitration. What is the forum for arbitration in a constitutional state? It is the Supreme Court, whose appointment process we hope will undergo a sweeping reform. The former member for Charlesbourg, a brilliant mind who served this House well, made a motion two years ago, if I am not mistaken, to ensure that, for example, the National Assembly could submit a list in order to respect the true spirit of federalism. The Supreme Court Act provides for civil law judges on the court. Moreover, although it is not my intention to talk about this—I would hate to be called to order—I would say that more and more, we are approaching a unitary state. This is not the spirit of federalism. There were 33 Fathers of Confederation. Thing were different then, as hon. members will recall. But we had the conviction that there were two governments, each with its own jurisdiction.
Why is there an imbalance in the Canadian federation?
For example, do you think that the residual powers—all the powers that are not specifically conferred on a government—are the responsibility of the provinces? No. The federal government has responsibility for them. The day is fast approaching when Quebeckers will decide to leave that federation, but it not my intention to talk about that.
Bill C-12 asks the federal government to adopt an emergency management plan. This plan is expected to give powers to the different ministers concerned, because it will be at their level of responsibility. Sometimes, the focus will be more on public safety, sometimes on health, sometimes on the environment. This will depend on the situation.
The bill obliges the departments to establish principles and programs to develop emergency management plans for government institutions. We can live with that. They must also provide advice to government institutions respecting emergency management plans. That is a ministerial responsibility we can live with that. Under this bill, the departments must analyze and evaluate the prepared plans. We would hope to learn more about just what that means. They must coordinate the actions of the various federal institutions in an emergency, provide financial or other assistance to provinces that need it, and establish the necessary arrangements for the continuity of constitutional government in the event of an emergency. Now, that is worrisome. I do not know if my colleague, the hon. member for Marc-Aurèle-Fortin, can see the look of concern on my face, but there is something very troublesome about the mention of the constitutional government and an emergency. We all know that the most significant intrusions have occurred in times of emergency.
Take, for example, tax points. Taxation, particularly personal income tax, was not intended to be permanent. If I am not mistaken, I believe it was Adélard Godbout who was Premier of Quebec at the time, a progressive Liberal typical of his time. We are all familiar with the terror that reigned at the time of the second world war. At the time, the wartime tax rental agreement was the expression used for transferring the personal income tax. In the end, what was meant to be temporary became permanent. Thus, it is very easy to speak of emergencies in a bill, but we have a certain responsibility in this regard.
We will therefore remain vigilant about the use of the word "emergency" and we do not agree that, under the pretence of an emergency, provincial jurisdictions should be encroached upon. I believe that the hon. member for Marc-Aurèle-Fortin will have something serious to say when the bill is referred to the Standing Committee on Public Safety and National Security.
In conclusion, I cannot help but urge caution. We live in troubled times. Is the Arar affair not a good example of the prudence that should guide us as Parliamentarians?
We know quite well that, in the wake of September 2001, security certificates can give rise to excesses. Obviously, I will make the necessary distinctions. I do not wish people to think that I am not a nuanced person. I know that the emergencies we are talking about do not specifically include terrorist attacks, although such attacks could lead the federal government to take all manner of emergency measures. That is a possibility.
I believe that our responsibility is to maintain the appropriate balance between the rights of individuals and the security of the nation. Who wants to wind up with big brother in a totalitarian state where people are arrested without a warrant, searches are carried out, individuals are thrown in jail, and the principles of natural justice are violated? The Bloc Québécois has always been extremely vigilant in its protection of these principles.
Correct me if I am wrong but I believe we were the only party to vote against Bill C-36. However, I do not wish to offend the NDP. I do not remember how they voted. My colleagues could indicate if they think I am mistaken.
I would like to conclude by saying that we agree with the principle, that we understand that emergency situations can arise, but that we hope Quebec's jurisdiction will be respected when appropriate.