Mr. Speaker, it is a pleasure to rise to discuss Bill C-16 and to express the views of the New Democratic Party.
I would like to echo some of the comments which have been made to date about the haste with which this bill is being pushed through the House of Commons. I will speak to some specific concerns about that in a moment, but this is not a very effective way to achieve law reform and, in particular, criminal law reform because of the concerns Canadians have, quite rightly, of their sense of security in their homes and in their communities.
I want to congratulate the parliamentary secretary for setting out clearly the provisions of Bill C-16. Those who were watching and those who will read the proceedings will not be left in any doubt exactly what the government is attempting to do.
The bill is a response to the ruling of the Supreme Court of Canada in the Feeney case. The proposed amendments to the Criminal Code would enable the police to obtain a warrant from a judge to enter a private home to arrest or apprehend a person. Also the legislation is intended to clarify that authorization from a judge is not needed in urgent circumstances where it is not practical to obtain a warrant.
In the Feeney case the Supreme Court ruled that in order to protect the privacy rights of Canadians under the charter, police must obtain a warrant before they enter a private home to arrest or apprehend someone. Of course, the ruling caused concern among the police across Canada and victims' organizations, concerns that perhaps public safety was being put at risk in certain circumstances as a consequence of the delay which was being suggested by the Supreme Court of Canada in order to obtain a warrant to enter the premises.
Considerable concerns were voiced in the law enforcement community across Canada, as well as by the many Canadians who are concerned about their security.
Generally, police officers obtain a warrant authorizing entry before they enter a private home to arrest someone. This legislation is intended to provide procedures to obtain such a warrant. It also allows the police to obtain a warrant by telephone or by any other means of telecommunication where presenting themselves to a judge is simply not possible.
It also makes the obtaining of warrants more straightforward, somewhat easier, and will be particularly useful, the government contends, for those working in remote locations or when it would not be possible to both monitor a suspect and appear before a judge to apply for the warrant to enter.
It will not have any effect on the common law which permits police and other peace officers to enter private homes to arrest a suspect when they are in hot pursuit of that suspect.
The question that arises is whether this legislation strikes a reasonable balance between the powers available to the police to protect our safety and the privacy rights of Canadians. The government, of course, contends that it does. We will have to wait to see what the Supreme Court of Canada decides on that particular matter.
It does pose another problem, which is generated by rushing this legislation through the House with insufficient time to consider these provisions.
I was interested to hear the Reform Party praise the attorney general of British Columbia who led the way in successfully applying to the Supreme Court of Canada to suspend its judgment for six months so that Parliament could respond and so that the uncertainty within the law enforcement community could be addressed. It is a rare day indeed when the Reform Party commends the attorney general of British Columbia for anything. I want to note the Reform Party did that.
This legislation is before us as a result of the Feeney case. It is close to the deadline. I believe November 22 is the deadline for this legislation to be implemented in accordance with the recommendation of the Supreme Court of Canada. As has been said many times, it does not give members very much time or opportunity to look into the specific provisions to see whether the legislation answers the concerns raised by the Supreme Court of Canada. It gives little time to look into whether this legislation is a response which will enable the police forces across Canada to do their jobs effectively.
We know that from time to time the Supreme Court of Canada has taken the point that the old way of doing things prior to the charter is no longer appropriate, bearing in mind the contents of the charter. This is one of those examples. It serves to remind us that it would be better if the government took a more holistic and complete approach to criminal law reform. It could look through a number of the issues which the supreme court and other courts have raised with regard to the application of criminal law in the light of the charter of rights and freedoms.
The police association has raised some concerns about this legislation, among others. These concerns could have been dealt with had we had more time to consider the provisions of the legislation in depth. The police have concerns with regard to the statutory authorization of entry at the time of the warrant issue. As we know, it is not always possible to be fully cognizant of where somebody who has escaped from prison or a halfway house might be. Yet it is clearly in the public interest that such persons be apprehended as quickly as possible. It deserves to be considered in more detail how this legislation affects that possibility.
We also know there is some concern about failure in the legislation to define exigent circumstances. When is it appropriate for the police to respond in the old way based upon an urgent situation in which they have no choice but to go and apprehend immediately? With uncertainty, the police will not always know what their responsibilities are or how best to protect the public safety in certain circumstances.
It might also have been better to have included in the preamble provisions which would make it clear the government's response should there be a section 1 argument under the charter presented to the legislation.
There are some other provisions that could have been addressed in a more comprehensive review of the legislation in committee if this bill had been put forward a little earlier than it has been. Clearly we have to respond to the Feeney case and the Supreme Court of Canada's suggestions that Parliament act. The government has acted with Bill C-16. As has been mentioned, there is all party support for this response to the supreme court.
I merely want to point out that if we had this legislation in a more timely way, we could have had more opportunity to resolve whatever potential difficulties there might be. Those concerns have been voiced by police associations across the country which have the responsibility for enforcing this legislation and for protecting Canadians in their homes and in their communities.
There are aspects of criminal law reform that can only be done in a piecemeal way. We do not have a full view of the future. We cannot guess what the Supreme Court of Canada might consider needs to be addressed as a result of the charter affecting our criminal law.
As Canadians we deserve a more cohesive, more fully informed, more forward looking approach to criminal law reform than we have had in either this or the last Parliament. It is possible to predict in many respects, and it is possible to see what the Supreme Court of Canada has said we should do.
It would be better for all of us if the government took criminal law reform more seriously and did it in a more complete way.
That being said, we will support this legislation.