Mr. Speaker, when examining the provisions of a bill, I think parliamentarians have a duty to ask themselves a simple question: will this bill improve our society? Today we are looking at Bill C-309, An Act to amend the Criminal Code (concealment of identity). I have no doubt that the author of this bill was motivated by a desire to improve public safety. That seems to be the answer the government automatically gives these days. Thus, members really need to ask themselves if this bill is an effective way to improve public safety.
Let us be clear: like all parties, the NDP condemns any vandalism and criminal behaviour at any assembly. Furthermore, we fully agree that any crime committed by someone wearing a mask deserves a tougher sentence. The NDP fully supports the sections of the Criminal Code that protect the public against seditious behaviour, vandalism and the masked individuals who commit these acts. What worries me, however, is the direction in which bills like this on public safety are taking us. I imagine this bill was drafted in response to the problem of crimes committed anonymously by people wearing masks during unlawful assemblies or riots.
No one is denying the troubling images that came out of the recent riots in Vancouver, Montreal and Toronto. In fact, I have a great deal of empathy for all the small businesses and shops that were damaged during these demonstrations. It is extremely sad, and I hope they will be compensated for this. In some cases, some of the offenders did indeed wear masks; I am aware of that. If this bill truly is a response to those events, then it is the responsibility of this House to determine whether it is a suitable and adequate response. Let us look at the content of this bill.
It proposes two very simple changes to the Criminal Code. Clause 2 of the bill calls for a change to section 65 of the Criminal Code making it a criminal offence to wear a mask or any other disguise when participating in a riot. The bill also proposes amending section 66 of the Criminal Code, which is essentially the same thing, but in the context of an unlawful assembly.
I want to come back to my original question: will this legislation improve our society? Changing our society for the better means recognizing a problem and being willing to solve it. As I was saying before, the NDP fully supports subsection 351(2) of the Criminal Code, which makes it an offence to cover one's face in the commission of a crime. The courts have recognized that wearing a mask during the commission of a crime can be considered an aggravating factor during sentencing. There are existing measures for handing down tougher sentences for an act committed by a criminal who wears a mask.
How will this bill help Canadians? Is the purpose of Bill C-309 to make it illegal to take part in a riot or unlawful assembly? In that case, Canadians are already protected by the Criminal Code. If the purpose of the bill is to introduce punitive measures against someone who commits a crime, such as vandalism, while taking part in a riot or unlawful assembly, Canadians are already protected by the Criminal Code, as I explained previously. If the purpose is to increase sentences for individuals who commit crimes while concealing their identity, once again, Canadians are protected by court decisions.
Under the Criminal Code, taking part in a riot or unlawful assembly and committing vandalism or other crimes during an unlawful assembly are already illegal, and concealing one's identity while committing a crime during an unlawful assembly or riot is considered to be an aggravating factor. Therefore, I question the need for this bill. I believe that it is basically redundant. The main issues of public safety that are the basis for this bill are already covered by the Criminal Code. This bill's only new contribution is to make it an offence to conceal one's identity while taking part in a riot or unlawful assembly.
According to this bill, an individual could be detained, arrested, indicted and sentenced to a maximum of five years in prison simply for being a masked spectator in the area of an unlawful assembly.
In June 2010, during the G20 in Toronto, Canadians witnessed how a small riot led to police crackdowns. The result: thousands of innocent people were arrested and detained. Approximately 1,500 Canadians were arrested or detained as a result of a riot involving fewer than 20 people. The authorities subjectively considered the whole demonstration as an unlawful assembly and took away the civil liberties of 1,500 innocent demonstrators, journalists and spectators. We must remember these events when we are considering a bill such as this one.
The limitations imposed on civil liberties to ensure public safety must be the least restrictive possible. I think that all the hon. members would agree with me on this. Otherwise, there is no limit to the restrictions that can be imposed on fundamental freedoms.
I would also like to point out that this bill takes away an individual's right to demonstrate anonymously. An individual is not necessarily going to commit a crime just because he or she is wearing a mask at a riot. It is reasonable to think that the person just wants to remain anonymous and protect his or her identity.
In the context of this bill, we must recognize the risk of political profiling of people exercising their civil liberties. Too often, 99% of protestors are peaceful, while 1% choose to vandalize. More often than not, this 1% is condemned by the vast majority of the peaceful protestors. As we saw in Toronto in June 2010, the peaceful protestors and spectators can be close to non-peaceful protestors. But this bill could lead to the arrest of innocent protestors who wear masks because of their geographic proximity to non-peaceful protestors.
It bears repeating that criminals who conceal their identity are already punished more severely in this country. I also want to point out that this bill would give judges the discretionary power under the Criminal Code to consider an offence committed while wearing a mask as an aggravating factor. Some people may consider that to be a good thing. However, a 2005 judgment by the Provincial Court of Alberta, R. v. Potter, already provides that protection.
I would like to thank the member for introducing this bill in the House. I understand the source of his concerns. However, in its current form, this bill is redundant and could have serious consequences for civil liberties in this country. I encourage members in this House to carefully examine the implications of this bill and to ask themselves whether it is worth jeopardizing our civil liberties. I am leaving it up to the House to decide on an appropriate course of action.