Mr. Speaker, I rise today to participate in the debate on Bill C-36. As I mentioned in the House a number of weeks ago, this debate should have taken place months ago. Although we commend the government for bringing the legislation forward to parliament, we wonder why the government waited such a long time and why it took such an alarming wake up call to mobilize the government into bringing forth these necessary legislative initiatives to immediately ensure the security and safety of Canadians and of our nation, Canada.
On that note I quote an article appearing in yesterday's Toronto Star by James Travers. He said:
As the federal government begins to tear down walls protecting terrorists operating in Canada, it has some dirty little secrets of its own to hide. For years, the Prime Minister's cabinet has been receiving increasingly worrisome reports that this country is a prime and easy target...The evidence is overwhelming that the federal Liberals knew a lot and did very little. In confidential yearly cabinet briefings, in dozens of documents sent to specific government departments and even in some public statements, the Canadian Security Intelligence Service (CSIS) repeatedly warned that Canada, along with the U.S. is among the world's pre-eminent terrorist targets. Those threats were documented in CSIS reports that government sources say became noticeably more specific--and frightening--after 1996. Following a surge in refugees, the intelligence agency identified a lengthening list of organizations and 350 individuals active here...In fact, the federal government should have recognized the threat to this country as far back as June 23, 1985, when Air India Flight 182 was bombed killing 329 passengers and crew. Until the attacks on New York and Washington, that was the most deadly terrorist attack in modern Western history. Now the federal government is desperately trying to respond by bringing forward legislation and introducing security measures that for years have been relegated to the bottom of the agenda. It clearly hopes that the current flurry of activity will somehow mask years of inaction.
On September 18 during our supply day the Canadian Alliance called upon the Liberal government to bring forward anti-terrorist legislation. Within that legislation we asked that there be a provision for the naming of all known international terrorist organizations operating in Canada.
At first glance it would appear that Bill C-36 falls short of that recommendation. Subclause 83.05(1) provides for the establishment of a list on which:
--the Governor in Council may place any entity if, on the recommendation of the Solicitor General, the Governor in Council is satisfied that there are reasonable grounds to believe that (a) the entity has carried out, attempted to carry out, participated in or facilitated a terrorist activity; or (b) the entity is acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a).
I do not see anywhere in the legislation authorization for the publication of that list unless I am missing something in the bill, although under subclause 83.05(7) there is authorization for the solicitor general to publish in The Canada Gazette notice of any person no longer a listed entity.
Publication of the names of those who are known terrorists or who have terrorist connections would effectively warn lending institutions and others not to do business with those individuals or groups.
I also point out the use of the word may as opposed to the word shall in subsection 83.05(1).
Without the word shall effectively there is no obligation for the establishment of a list. Bill C-36 provides discretionary power to the governor in council to set up a list. Furthermore, under clause 83.05 there is to be a review of the list two years after the establishment and every two years thereafter to listen and to determine whether there are still reasonable grounds for an entity to be listed.
Why is the government contemplating delisting a terrorist who, according to the definition carried out, attempted to carry out, participated in or facilitated a terrorism activity? Why has the government suggested the absurd notion that criminal records should not follow a person through life?
In criminal law now we can have a pardon after a number of years. After perhaps five years a person can apply for a pardon, but a terrorist could be delisted after two years after carrying out such atrocious acts.
Bill C-36 makes participating in, facilitating, instructing and harbouring terrorist groups an indictable offence for which a person is liable to imprisonment for variable maximum terms.
Although I fully support and commend the government for finally proscribing these activities, as it is obligated to do under the UN convention, I would hope it is receptive to amending this section of Bill C-36 to provide for minimum sentences.
Without a prescribed minimum sentence a person arrested and convicted for knowingly facilitating a terrorist activity could receive a conditional sentence. Clearly the magnitude of any and all forms of terrorist activity warrants a stiff period of incarceration.
With regard to sentencing I would also hope the government is willing to amend clause 83.26 of Bill C-36 to allow for consecutive life sentences. It is absolutely abhorrent to think that a person convicted of a terrorist act in which there were multiple deaths is eligible for parole after 15 years because the Liberal government has repeatedly failed to eliminate section 745 of the criminal code which unjustifiably grants killers a chance at early release.
Again at first glance there appear to be no provisions within Bill C-36 allowing for the deportation of alien terrorists. The United States anti-terrorist legislation, which I would like to point out was introduced within eight days of the September 11 attack on America, makes membership in terrorist organizations reason for exclusion from that country. Furthermore, it permits the deportation of aliens if sentenced to more than five years in prison. I would highly recommend that the Canadian government follow suit. In the next couple of weeks as Bill C-36 is moved through committee and as we take a look at it in greater depth, I am sure other omissions will become apparent.
Before closing, I encourage the Minister of Justice to stand firm in her resolve to balance the rights of Canadians with their security. I know in the next week the Canadian Bar Association and others may challenge Bill C-36 as going too far and unnecessarily restricting civil liberties. However, the time has come when we must determine whether or not the right of many to be safe and secure justifies an infringement of some basic individual rights and freedoms.
A poll conducted between October 2 and 4 by the Globe and Mail , CTV and Ipsos-Reid revealed that 80% of those surveyed were willing to surrender some freedom in exchange for tighter security. A high percentage of respondents would support submitting themselves to providing fingerprints for a national identity card which they would be required to carry at all times and show on request to police or security officials. Fewer, but still a majority, would support letting police stop them at random and search their vehicles without reasonable suspicion that they had committed an offence.
Far too often the courts are making new laws in their rulings. Judges are substituting their judgments over the elected representatives of the people and of parliament. According to university Professor Jane Hiebert:
Since the Charter's introduction the judiciary has passed judgment on the constitutionality of a breathtakingly broad range of political and social issues from the testing of cruise missiles in Canadian airspace to euthanasia...Effectively, the Charter offers a convenient refuge for politicians to avoid or delay difficult political and moral decisions. Elected representatives can insulate themselves from criticism, and political parties can avoid risking party cohesion by ignoring controversial issues--
I urge the minister not to abdicate her responsibility by clearly articulating within this legislation the intent of parliament to effectively balance liberty against greater security. I will be splitting my time with the hon. member for Kelowna.