moved that Bill S-205, An Act to amend the Criminal Code (suicide bombings), be read the second time and referred to a committee.
Mr. Speaker, I am pleased to speak in support of Bill S-205, which was passed by the Senate on June 10, 2009. This bill is identical to former Bill S-210, which received third reading in the Senate in June 2008, but died on the order paper when Parliament was dissolved for the general election last September. Please allow me to explain the contents of this bill for the benefit of all hon. members.
The bill proposes to amend the Criminal Code to clarify that suicide bombings fall within the definition of “terrorist activity” contained in the code. The term “terrorist activity” is currently defined in paragraphs 83.01(1)(a) and (b) of the Criminal Code. Bill S-205 proposes to amend section 83.01 of the Criminal Code by adding the following after subsection (1.1):
(1.2) For greater certainty, a suicide bombing is an act that comes within paragraphs (a) or (b) of the definition “terrorist activity” in subsection (1) if it satisfies the criteria of that paragraph.
This amendment is a definitional clause intended to make clear that suicide bombing is included in the definition of “terrorist activity” only when committed in the context of a terrorist act. The bill is crafted to ensure the utmost precision about what forms of suicide bombing are included in the definition of “terrorist activity” and to prevent other types of suicide bombing with no connection to terrorist activity from being caught in the definition.
Please let me explain how a suicide bomb could potentially be used in non-terrorist activity. A quick search through the archives reveals a case from 1973, whereby a would-be bank robber used a suicide bomb. This happened in Kenora, Ontario. I quote:
A dramatic and daring bank robbery took place in Kenora on May 10, 1973. An unknown man entered the Canadian Imperial Bank of Commerce heavily armed and wearing a “dead man's switch”, a device utilizing a clothespin, wires, battery and dynamite, where the user holds the clothespin in the mouth, exerting force on the clothespin. Should the user release the clothespin, two wires attached to both sides of the pin complete an electrical circuit, sending current from the battery, detonating the explosives. After robbing the bank, the robber exited the CIBC, and was preparing to enter a city vehicle driven by undercover police officer Don Milliard. A sniper positioned across the street from the bank shot the Robber, initiating the sequence of events required to detonate the explosive. Recently, Kenora Police submitted DNA samples from the Robber's remains to identify him, but the suspect was never positively identified.
This most unfortunate event is an example whereby the robber was not a terrorist by definition, but was indeed using a suicide bomb as a device to rob a bank.
After discussion on this particular point, I understand that the Senate adopted the bill with the amendment to ensure greater clarity.
The amendment ensures that it is not overly broad or vague but still fulfills its intended purpose. The proposed amendment is designed to provide for maximum precision regarding what forms of suicide bombing are included in the definition of “terrorist activity” and makes certain that suicide bombings unrelated to terrorist activity are not caught by the definition.
No other country is known to refer specifically to suicide bombing in its definition of “terrorism” and “terrorist activity”, so Canada would be the first to signal its abhorrence of these cowardly acts by adopting such a reference in its legislative definition of “terrorist activity”.
Suicide attacks are intended to kill and maim innocent people and inflict extensive property damage. Attackers are often prepared to die in the process. We all know about the attacks of September 11, 2001 that killed nearly 3,000 people in the World Trade Center in New York City. We also remember the July 7, 2007 London bombings, and the 2008 attacks in Mumbai, India.
Anyone who reads a newspaper, listens to the radio or watches television knows that suicide bombings occur on an alarmingly regular basis.
Many prominent Canadians support Bill S-205, which is identical to former Bill S-210, which was supported by Canadians Against Suicide Bombing, or CANASB, a Toronto-based group.
Prominent Canadians who have supported this initiative and signed an open letter to the Senate include former prime ministers Kim Campbell and Joe Clark, as well others, such as Roy McMurtry, former chief justice and attorney general of Ontario, former NDP leader Ed Broadbent and Major General Louis MacKenzie.
Some states and international organizations argue that suicide bombing can be justified and that struggles, by whatever means, for approved causes are exempt.
Some further argue that suicide bombing is implicitly covered in the Criminal Code or that dead suicide bombers cannot be prosecuted. However, distinguished Canadian criminal lawyers, including the chair of the Canadian Council of Criminal Defence Lawyers, told the Senate Committee on Legal and Constitutional Affairs that explicitly covering suicide bombing in the Code can help prosecute and punish the organizers, teachers and sponsors.
The House of Commons has a unique opportunity to be an example to the world. I ask that all MPs support covering suicide bombing explicitly by passing Bill S-205, a made-in-Canada initiative, to ensure that anyone who organizes, teaches or sponsors suicide bombing is criminally liable in Canada. Bill S-205 promotes a worthy aim and is deserving of the support of all hon. members of this House.
Accordingly, I wish to congratulate our hon. friend for bringing the bill before Parliament.