Lynn Myers

[Terrorism, October 26th, 2001]

Mr. Speaker, since the tragic terrorist attacks on the United States on September 11, Canadians have expressed concern about their own security. While we must be vigilant and alert I urge Canadians not to panic. The terrorists seek not only to destroy our buildings and take innocent lives. They seek to change the way we view the world around us and make us suspicious of one another.

The terrorists will not succeed. Canadians will continue to go about their daily activities. We will fly on airplanes, assemble in public places and go on with our business and personal lives.

I reassure Canadians that our government has taken and will continue to take strong action to mitigate the terrorist threat. As a government we will do what is necessary to make sure Canadians are safe and secure in their homes, neighbourhoods, communities and in this great country of ours.

[Transportation Appeal Tribunal of Canada Act, October 26th, 2001]

Mr. Speaker, by bringing this bill forward the Minister of Transport has indicated that this is a very important piece of the transportation puzzle. It is not a piecemeal approach, contrary to what was said by the last speaker. As outlined by the minister and the government it is a great vision of what we need to do regarding transportation.

The fact that there is widespread support for the bill underscores the commitment of some of the other parties in the House that this is an important bill well worth consideration and support. At the end of the day that will be precisely what we see.

It is part of the overall plan of our government to proceed with transportation matters in a manner consistent with the values of Canada and, more important, with the needs and requirements of the various regions across Canada. It is the position of the federal government that we need to do the kinds of things necessary to ensure that takes place.

Bill C-34, an act to establish the transportation appeal tribunal of Canada, is a very good bill and one worthy of note. I would like to outline some of the things that would happen as a result of the legislation.

The Civil Aviation Tribunal, CAT, is an independent, quasi-judicial body established in 1986 to review administration enforcement decisions taken under the Aeronautics Act. There is a bit of history here. The Civil Aviation Tribunal performed to the satisfaction of both Transport Canada as well as the aviation community for over 15 years. We applaud the good work the tribunal has done over the years. It is a good example of regulatory best practice. We commend it and look at how it might apply in other areas because it has done such good work over the last number of years.

It has shifted reviews and appeals of enforcement decisions under the Aeronautics Act from the minister, senior department officials and the courts to an administrative body characterized by independence, expertise, expediency, affordability, fairness and transparency. This is a great hallmark for the tribunal. It made the transformation in a manner consistent with the values of Canada and with what Canadians expect from a regulatory body.

In the fall of 1988 consultations were held with the various transportation sectors on a departmental proposal to transform the CAT into a multi-modal tribunal so that the enforcement review processes available to the aviation sector under the Aeronautics Act would be available to other transport sectors as well. Those discussions went well as some very good conclusions were reached as a result of a great deal of dialogue with the various partners and stakeholders in the transport area.

The acts principally implicated are: the Aeronautics Act, the Canada Shipping Act, the Marine Transportation Security Act and the Railway Safety Act. The new shipping legislation as proposed in Bill C-14 is also implicated as is the Canada Transportation Act. A wide number of acts are affected in this very important area.

The proposed transportation appeal tribunal of Canada bill is modeled after legislation that established the Civil Aviation Tribunal, part IV of the Aeronautics Act. The latter would be repealed by this legislation.

The TATC bill addresses, first, the jurisdictions of the new tribunal in very general terms; second, the appointment of members including the designation of a chairperson and a vice-chairperson; and, third, the qualifications of tribunal members hearing particular cases on review and on appeal. In general terms cases must be presided over by members with expertise in the particular sector, although there are exemptions medical cases or other related issues.

Fourth, it also addresses the nature of tribunal hearings, including that strict rules of evidence do not apply and that the standard of proof in hearings is on the balance of probabilities; fifth, the authority of the tribunal to hold hearings in private in defined circumstances; and, sixth, the authority of the tribunal to award costs and expenses in defined circumstances.

These are important sections to remember and important aspects to note. They underscore the commitment of the government to ensure flexibility and fairness.

The authority of the tribunal to hold its hearings in private is broader than is the comparable authority of the CAT. The bill would provide that hearings could be held in private where they might disclose personal medical information or business information of a highly confidential nature and where the private interests of the individual or company in keeping the information confidential outweigh the general principle that hearings be conducted in public. Prudence and common sense are the orders of the day.

The ability of the tribunal to award costs and/or expenses in defined circumstances is new. The CAT does not have the comparable authority. The tribunal may award costs and the reimbursement of expenses where a matter brought before it is frivolous or vexatious, where a party fails to appear at a hearing without justification, and where the tribunal grants an adjournment at the request of a party on short notice.

This underscores the fact that these folk mean business, and well they should because this is a very important sector of the Canadian economy. They would act in a very expeditious fashion. That is exactly what is outlined here and what would take place.

While the tribunal bill addresses the jurisdiction of the tribunal in a very general sense, the tribunal's specific authorities and decision making powers are set out in various modal transportation acts outlined in other sections.

Similar to the decision making authorities of the CAT, the tribunal would have the final decision making authority in punitive cases where safety is not an issue, for example the assessment by the minister of an administrative monetary penalty against an air carrier for a regulation contravention. That would be an example where the new tribunal would act.

However where safety, competence and qualifications are at issue, for example the suspension of a seaman's certificate because he or she is medically unfit, the tribunal would only be available to confirm the minister's decision or refer it back to the minister for reconsideration

These are very important aspects of the tribunal. They underscore the commitment of the government to act in a manner consistent with the way things should operate in Canada. I believe it is very important in that sense.

There are a number of proposed amendments to the Aeronautics Act that would include clarifying the authority of the minister to refuse to issue or amend Canadian aviation documents and establish the jurisdiction of the tribunal in relation to such decisions, for example to confirm the minister's decision or to refer it back to the minister for reconsideration; revising the procedures for the assessment by the minister and review by the tribunal of administrative monetary penalties; authorizing the minister to refuse to issue, amend or renew, or to suspend Canadian aviation documents based on outstanding monetary penalties being owed by the applicant or document holder. These decisions are not reviewable by the tribunal.

There are two additional amendments that are worthy of note: to clarify when certain decisions by the minister related to Canadian aviation documents may come into effect and to repeal of part IV of the act which established the Civil Aviation Tribunal, thereby allowing for seamless transition to the tribunal.

There are also amendments that would affect the Canada Shipping Act. A number of statutes would be affected as a result of this new bill and I will highlight those now. The proposed amendments to the Canada Shipping Act would establish the jurisdiction of the tribunal under section 120, the suspension of a personnel certificate by reason of medical incapacitation; section 125, the suspension or cancellation of a personnel certificate based on a false statement or fraud; section 128, the suspension or cancellation of a foreign certificate; section 133, suspension of a personnel certificate based on convictions for specified offences; and section 504, the suspension or cancellation of a personnel certificate which is based on various grounds.

The procedures for tribunal review are comparable to those proposed in the new shipping legislation, Bill C-14. The role of the adjudicators would be assumed by the tribunal. This is very important because it makes that kind of shift in a way that is consistent with government policy and the very good vision of the Minister of Transport in this all important matter.

There are three things I will highlight. First, 30 days' notice of a proposed suspension or cancellation of a personnel certificate must be given, unless the minister then makes an ex parte application to the tribunal to have the certificate action take effect immediately. Second, in cases involving competency, qualifications and other safety matters, the tribunal is limited to confirming the minister's decision or referring it back to the minister for reconsideration.

[Transportation Appeal Tribunal of Canada Act, October 26th, 2001]

Mr. Speaker, I was heartened to hear the comments of the member opposite. She has taken a fair bit of time to review the legislation and I believe she understands it fully.

Could she elaborate a bit on the appeal tribunal act in terms of how it might affect her province? What kind of impact might it have in that part of Canada? How it would apply across Canada is important and well worth thinking about. Could the hon. member assist me in that regard?

[Supply, October 23rd, 2001]

Mr. Speaker, the member who is asking the question said the following five months ago:

Witnesses stated that they felt the language of the bill placed undue emphasis on enforcement and criminality, as opposed to language that highlights the waffly nature of Canada's immigration and refugee program.

Then his comment was “That is very true”. That is the extent of that.

[Supply, October 23rd, 2001]

Mr. Speaker, what I can say in response to the member opposite is that the government will take whatever measures are necessary to correct situations as they exist. When there are problems abroad or within Canada we move very quickly to ensure that the proper authorities are notified and that the corrective measures are taken.

Are we perfect all the time? No, we are not. We are like any other country in this regard. If the Americans had been perfect in their screening of terrorists the 19 people who landed in Florida and did the kinds of things that they ultimately did would have been caught very quickly. That did not happen.

The reason it did not happen is that up to this point we have been taking the kind of security measures that have been required based on world effort. What we need to do now is make sure that we have more security based on the kinds of things that have happened. The Americans have learned that lesson the hard way. We in Canada are doing the kinds of things that are required, not only with immigration and with customs but also with CSIS and the RCMP.

The world has changed and Canada's priorities have also shifted as a result. I do not understand why the opposition is always pointing out the negative, always chipping away at the people who do great work on behalf of Canada.

Why does the opposition not help us and work with us on this instead of fearmongering all the time and always putting up the most outrageous and negative cases? Why does it not say that it will help us, that it will work with us, and that it will stand up for Canada?

[Supply, October 23rd, 2001]

Mr. Speaker, this is an important debate. It is well worth the consideration of the House in terms of what we as a government have done in the last while in terms of Bill C-11 and other measures.

For many years the countries of North America have discussed and worked together on initiatives born of a common desire to make our continent more prosperous and competitive on a global scale. Sadly the current initiative to fortify our respective borders is born of terror and bloodshed.

It is Canada's hope that all nations of the continent will do what they can individually to respond to the needs of the collective. Bill C-11, it goes without saying, is a major move forward for Canada in upholding the enforcement of our borders. It is a good bill and it is worthy of support.

Today in the House we are considering a motion that requests that the government work more diligently to secure our borders. The government has responded to that demand by bringing forward Bill C-11 and making it an utmost priority, and rightfully so.

The motion before us requests increased powers of detention for customs and immigration officials. I find it passing strange that a short five months ago the Canadian Alliance immigration critic tabled a motion in the House to amend Bill C-11 at report stage. Motion No. 5 would have watered down the definition of security threat to determine who is admissible to Canada. The motion was supported by all members of the Alliance.

I find it strange that one thing was said then and quite another is said now. Our definition of Bill C-11 includes activities outside Canada and indirect threats. The Canadian Alliance motion included only direct and active threats. The Alliance went further. It tabled a motion at committee stage to restore certain appeal rights through the immigration appeal division for serious criminals and threats to Canadian security. Bill C-11 has removed these to allow for quicker removals from Canada.

I am not sure what that is called. The word flip-flop comes to mind. The ability to detain and arrest at the border suspected terrorists or individuals who do not provide proper paperwork for identification is already in place. Bill C-11 works to increase the capabilities of our frontline officers by giving them early access to security screening processes and enhanced exclusionary mechanisms to remove undesirables from the process. The people who handle refugee cases now have more tools with which to work.

The Canadian Immigration Act currently allows customs and immigration officers and officials to detain anyone they determine to be a security risk to Canadians. Bill C-11 provides a means to strengthen the ability of officials to bar entry to Canada of potential terrorists whether they commit terrorist acts in Canada or in other countries.

On October 12 the minister of immigration announced a five part security strategy as part of Canada's anti-terrorism plan. As part of that plan the government is strengthening immigration measures in light of the terrorist attacks that took place on September 11. The minister has announced that we are increasing detention capability and hiring up to 100 new staff to enforce upgraded security at ports of entry. As a further sign that the government is committed to this initiative, and rightfully so, cabinet approved funding of $4 million to cover these needs in the coming months.

The issue of detention has been a delicate one indeed. The government is attempting through Bill C-11 to find the proper and acceptable balance between protecting the citizens of Canada and maintaining an even-handed approach with those legitimately attempting to gain entry into Canada.

Customs and immigration officers are fully trained to perform their duties effectively. They are aware of their duty to uphold the values of fairness, openness and protection that Canadians across this great country of ours hold dear.

Of course of the 100 million people who come to Canada each year not all are seeking to get in illegally by way of refugee status. However it must be noted that in the 2000-01 timetable for which data is available over 8,700 individuals were detained for a total of 136,000 days.

This is a tremendous success for the officials patrolling our borders. On any given average day the number of individuals in detention under the auspices of the Immigration Act ranges from 400 to 800 people. That is a significant number when looked at over the long term. I am saying to the House and the Canadian people that the system in place works efficiently and effectively in most of the cases most of the time.

Immigration officials do not work alone. Canada has nurtured working relationships with CSIS, the RCMP and foreign immigration and law enforcement agencies such as those in the United States, Great Britain and the European Union to prevent criminals and people who are considered to be a security risk from entering Canada. We have worked closely with our partners not only within Canada but internationally as well. These networks of information are crucial to maintaining our level of security and safety.

The United Nations security council recently passed a binding resolution regarding elimination of terrorist financing. Two paragraphs contained therein demanded that the United States tighten its refugee regulations. Canada will continue to welcome refugees and will adhere to the resolution passed by the United Nations. Canada has commenced work in this regard with Bill C-11.

We have implemented a screening process for all refugees that is stringent yet fair. We have made it clear to all who appear at our country's doorstep that no individual involved in terrorist acts will be welcomed here. Furthermore, they will be ineligible to make a refugee claim in Canada.

As was mentioned on an earlier occasion, the Immigration Act currently allows for interdictions abroad. Canadian officials overseas work closely with the transportation industry to examine and evaluate the paperwork of immigrants and visitors coming to our country. Embarkation is denied when necessary and when required.

Over the past two years Citizenship and Immigration Canada increased the number of control officers from 31 to 48. This network of immigration control officers abroad in the last year alone intercepted 6,000 improperly documented travellers that were attempting to fly into Canada. Over the last six years approximately 33,000 people attempted to enter Canada fraudulently and they were detected and stopped before they departed their country of origin. The interdiction program is successful and the department can be very proud it.

These are trying times not only in Canada but around the world in terms of what took place on September 11. However we had foresight with respect to Bill C-11. The minister in her wisdom brought forward a very good bill which we as a government supported. It has proceeded through committee and ultimately through the House. It was fortuitous for us to do that in keeping with the values of Canada, in keeping with what we needed to do by way of security measures at our borders and with respect to people coming into Canada.

We will not allow people who are terrorists, who harbour terrorists or who want to wreak havoc on Canadian soil to get in. However, what we will do is be fair and evenhanded to genuine people of refugee status who want to come to Canada. We will support them in the way that Canada has always supported them.

At the end of the day we will keep building a country of significance where values are built on common sharing, caring, compassion and tolerance. That is our Canada, the Canada that seeks to enhance the very fundamental core of those Canadian values that are so dear to people across this great country of ours.

At the same time we will ensure that we are safe and secure not only in our communities and neighbourhoods but in the country as a whole. That is what Canadians and parliamentarians want. We as a government will ensure that while on the one hand we will be fair and evenhanded and ensure that the charter is respected as it should be, on the other hand we will also bring forward the security measures required.

Bill C-11 does that. It does it in a way that is in keeping with those great Canadian values. I am very proud that the government brought that legislation forward with the foresight that was required.

[Supply, October 23rd, 2001]

Mr. Speaker, I want to say I agree with the Leader of the Opposition insofar as I do believe that we on this side of the House do look at people in general as being good people.

However we are not naive and we have put in place these kinds of measures with respect to security in Canada, not only with customs and immigration but also with respect to CSIS and the RCMP.

For example, I just came from the justice committee of which I am a member. We listened to Commissioner Zaccardelli and Mr. Elcock talk about the kinds of measures being taken in this all important area. It is now a different world as a result of what took place on September 11. As a result we need to take extraordinary measures. That is exactly part of what Bill C-36 says.

It is important that we as a government, in a balanced and fair approach, with a measured response and with the kinds of responses necessary in keeping with the charter of rights and freedoms, maintain the kind of system that has, I believe, Canadian values at the core.

What I want to ask the Leader of the Opposition, however, is this: Does he think there is anything to be gained by fearmongering as he and his party are doing? Does he think there is anything to be gained by pitting people against people, group against group, province against province, as he often does? I would be interested in hearing his response, because what he always does, it seems to me, is try to stir up fear when really what we should be doing is taking a calming approach and making sure that we approach this problem with dignity and with the kind of steady response that I believe the government has given. I would be interested in his response.

[Claim Settlements (Alberta and Saskatchewan) Implementation Act, October 22nd, 2001]

Mr. Speaker, I listened with great interest to the member opposite. It is fair to say that he made some very excellent points with respect to Bill C-37. I want to congratulate him for that.

I also want to congratulate the Minister of Indian Affairs and Northern Development. Under his steady hand and leadership, he has been able to bring this bill forward and make the kind of inroads and efforts that are required in this all important area.

This is a very important area that deals exclusively with reserve land proposals that arise under claim settlements, either existing or in the future both in the provinces of Alberta and Saskatchewan. As such, it is very important not only in those two provinces, but it sets the right tone across Canada. The minister and the government need to be congratulated because it underscores our commitment to do the right things in this very important area.

As the opposition is saying right now to the minister that he did a good job, I too want to add to that. I think it is excellent and really well worth noting.

What would the member opposite scope out as being the most important aspect of the bill? He referenced his own province and other areas in the west. If we listened closely to what the member said, it was very wise. Could he expound a little further on that and give us more insight? Especially given the fact that he is from Manitoba and knows some of these things, it would be insightful for us to hear a little more from the member for Winnipeg Centre.

[Anti-Terrorism Act, October 17th, 2001]

Madam Speaker, I rise today to address this very important anti-terrorism bill, Bill C-36. I happen to believe that this is historic legislation and certainly one of the most important we will deal with in this the 37th parliament.

Many people have said, and I very much agree with them, that society and the world have changed as a result of the events on September 11. We watched in horror as 6,000 people lost their lives. We watched in horror at the kind of terrorist attacks that were perpetrated on our friend, neighbour and ally to the south, the United States. We all wondered what was going to happen next.

I was pleased to see, in concert with my constituents in Waterloo--Wellington, that there was a kinship of grief around the world that developed in concert with the victims and their families in New York, Washington, D.C. and the surrounding states, as well as Pennsylvania.

I believe that in our effort to deal with grief we pass through a number of stages. I think it is fair to say that sadness and despair, fear and anger are some of those stages but after a while we come to resolve, and I think that is where we are now at.

One of the ways to deal with tragedy, especially in this fashion, is to become determined and resolved to make sure it never happens again. That is why I thought the Prime Minister spoke very well the other day when he talked about getting together the kind of resolve necessary to carry forward in a very meaningful way and to act on behalf of all Canadians in concert with what they believe are fundamental and core values, not only for this country and the people of this great country but for other freedom loving people around the world.

As members know, the member states of the United Nations have joined in a common purpose, and that is to shut down terrorism. Canada, like our international partners, must move on all fronts. It is important to note that we are prepared to do that.

In recent days we have seen increased security measures adopted at our airports. The assets of Osama bin Laden and his associates, the people who have brought about such destruction, have been frozen. The United Nations Security Council unanimously passed a resolution on September 28 calling on states to work together urgently to prevent and suppress terrorist acts, including increased co-operation and full implementation of the important and relevant international conventions relating to terrorism, such as the convention on the financing of terrorism.

In response, the Canadian government has acted and acted with caution, noting full well that we need to think through our actions, and has implemented new regulations to target terrorist financing. The proposed anti-terrorism act that we are debating today further criminalizes the act of contributing to terrorist groups.

I said that it is essential to act on all fronts if we are going to defeat terrorism, and I meant that. Where do legislative strategies fit into this picture? We need new and more focused tools to allow the justice system to fight terrorism. We are not dealing here with ordinary criminals. We need to build a new legal framework that will disable terrorist networks and prevent them from developing the capability of financing, planning and carrying out their attacks on society and, by extension, on democracy.

The proposed anti-terrorism act that we are debating today implements the international convention on the suppression of terrorism and the international convention on the suppression of terrorist bombings. These are important measures in keeping with our international obligations.

New criminal code offences are created for participating in, facilitating or carrying out terrorist activities. Procedures are established for the seizure, the restraint and the forfeiture of property belonging to terrorist groups. We mean it when we say it. That is the point. We are getting tough because we need to. We need to act accordingly because that is what Canada needs to do to defend the precious system that we have.

Bill C-36 also proposes criminal code provisions to establish, by establishment and by regulation, a list of terrorist entities.

This measure will allow identification of entities that are clearly involved or associated with terrorist activities. The notion of listing terrorist organizations has its precedent in the United Nations and, indeed, Canada's United Nations Act already adopts lists of terrorists and terrorist organizations identified by the United Nations last year, including those of Osama bin Laden. The point is that we have the precedent and we are acting accordingly.

I want to go into this listing procedure a little more if I may, because this measure is one of the most important elements of the bill. I urge all members of the House as well as the members of the justice committee to examine this measure closely.

The placing of any organization or purpose on the list of terrorist groups is a very elaborate procedure, as it should be. Section 83.05 of the criminal code as proposed in Bill C-36 provides that the ultimate decision to add a name to the list is made by the governor in council. There must be “reasonable grounds” to do so, to believe that the entity, a group, a person or whatever, either “has carried out, attempted to carry out, participated in or facilitated a terrorist activity” or has acted “on behalf of, at the direction of or in association with” such an entity.

Thus the clear focus of this procedure is on establishing that the group or individual has been engaged in terrorism. This is how it should be, because this clarifies in a way that is consistent with what I believe to be the values of Canada and consistent with the values of the great charter of rights and freedoms that we in this country enjoy.

I want to emphasize too that additional safeguards are built into this process. Before the governor in council makes a decision the solicitor general must first be satisfied, again on reasonable grounds, that there is such terrorist activity occurring. Furthermore, a group that wishes to challenge its presence on the list may apply to the solicitor general to have its name removed. If the solicitor general does not remove the name, the group can apply to a judge for a review of that decision. Mechanisms are also established to address cases of mistaken identity. In any event, the solicitor general must review the list every two years in order to recommend that a listed entity remain on the list or in fact be removed.

It should be noted also that the bill also contains a detailed definition of terrorist activity and a specific offence related to participating in, facilitating, harbouring and instructing terrorist activity. Again, I urge my colleagues to look closely at the details of this definition since it is at the very heart of what the bill does. Expressed another way, Bill C-36 is premised on a clear focus on terrorist crimes and it breaks new ground in Canadian law in its willingness to embrace a distinct set of definitions. It is important, therefore, that we find consensus on these very important concepts.

A terrorist activity as described in proposed section 83.01 includes acts that would amount to an offence under one of the international anti-terrorist conventions to which Canada is committed, but it is also defined as “an act or omission” inside or outside Canada that is committed “in whole or in part, for a political, religious or ideological purpose, objective or cause”. It is evident that having such a religious or ideological purpose should not in itself be an offence. It is only when this purpose is linked with an intention to intimidate the public or a segment of the public with regard to its security and is also linked to an intention to cause death or serious bodily harm by the use of violence that it becomes a terrorist activity. There are also other factors that come into play, including an intention to endanger a person's life or to cause substantial property damage with serious harm resulting to a person.

Finally, I would like to return to my original question: What is the role of our laws in fighting terrorism and increasing our sense of security from terrorists? I suggest that the law, or more precisely the rule of law, is an important reference point for Canadians in assessing what needs to be done to protect our society from those who indeed do not respect the law or civilized values.

At the end of the day, Bill C-36, the bill we are debating today, is an effective measure that should be looked at closely and in fact will be looked at closely at the justice committee. There may or may not be amendments based on what the members think and the witnesses say, but when it comes down to it, I hope we will act as one, as the Parliament of Canada, in a way consistent with the values not only of the charter of rights and freedoms but the values of all Canadians.

We will do so in the best interests of this great country of ours, based on safety and security for the citizens of Canada and for those in the wider world and in that community who believe in the fundamental rights of liberty, freedom and democracy.

[Week Without Violence, October 15th, 2001]

Mr. Speaker, it is once again time to bring awareness to an important campaign that has specific significance in the wake of recent tragic events. The Annual YWCA Week Without Violence begins October 14 and ends October 20. In its sixth year, the campaign promotes the eradication of violence in all of its forms.

Created in 1995 by the YWCA of the United States, over 50 countries and their respective YWCAs have since joined this campaign and have become part of an international commitment to eradicate violence.

Since its establishment, the YWCA Week Without Violence has imparted the messages of anti-violence to more than five million Canadians. Through organized school and community group activities and local and national media coverage, this number continues to grow.

Our participation and support during this week speaks to our longstanding commitment to eradicate violence in all its forms in our society and builds upon Canada's continuing effort to ensure violence-free communities for all Canadians.

From October 14 to 20, I hope all members will join me in making a commitment to ensure a safe and peaceful future.