Mr. Speaker, I am rising to speak to Bill C-42, An Act to amend the Aeronautics Act. I have heard concerns raised daily by members in this House that make one wonder how on earth we can even move forward to vote on this bill. We are hearing about countless concerns that were raised in committee and countless additional concerns raised by other nations about such proposals where there were better negotiations.
What would Bill C-42 provide? Even if we choose a flight that does not land in the United States as we prefer to fly direct to another nation, if we are flying over the United States of America, the airline still has to provide private information about us to the United States of America.
We have heard in the House today that not only is this information being freely given with no strings attached, but the United States of America will hold the information for 40 years, despite the fact that we may be on a flight travelling to another country for a couple of days or even a couple of months. It is absolutely reprehensible.
It is very important, as some of my colleagues have pointed out, to consider Bill C-42 in the overall context of the additional U.S.-Canada border security initiatives under discussion, for example, a proposed common perimeter, with implications for greater sovereignty intrusions. Perhaps that is the reason the United States is not demanding the same information if we are flying from Edmonton to Ottawa over U.S. airspace. It is only if we choose to take a holiday in Cuba and fly over the United States that it wants the information.
We must keep in perspective who would be doing the border checks and interrogations. It would be U.S. officials, not Canadians.
Today it has been revealed that in discussions between our Prime Minister and the President of the United States, one of the matters being raised by the U.S. is the potential demand for visas for Canadians who visit the United States of America.
It is very important to hold back on voting on the bill and to have the overall review that is being proposed by some members without delay. Why wait several years? It sounds as though we are getting a raw deal compared with the negotiations reached by other nations.
The very intent of Bill C-42 to provide the free and ready uncontrolled access and use by the United States government to private information about Canadians, as has been argued by a number of expert witnesses before committee, violates our constitutional rights set forth in the Canadian Charter of Rights and Freedoms.
We must also keep front of mind that the information provided is intended to allow the U.S. to add Canadian names to the controversial no-fly list. We have heard case after case of Canadians being added to the list and all their rights removed, including even the ability to earn an income or people to assist them.
Witnesses who testified at committee advised that in considering such intrusive measures, it is absolutely incumbent on the government to seek limits, so far as possible, on the erosion of charter rights. At a minimum it should call for safeguards on the use and sharing of the information.
What does the Canadian Charter of Rights and Freedoms provide? First and foremost, the charter specifies that Canada is founded on the principles that recognize the rule of law.
What does the rule of law mean? That is the difference between a dictatorship and a democracy. Under the rule of law, we are governed by Canadian laws, not foreign laws. Under the rule of law, the rules that govern our nation are made by duly elected officials, the majority of whom choose those rules, and decisions are based on those rules.
The charter provides the right to security of the person, including the right not to be deprived thereof except in accordance with the principles of fundamental justice.
The charter provides the right to notification that a person's rights are to be interfered with.
The charter provides the right to be heard.
The charter provides to Canadians the right to be secure against unreasonable search or seizure.
The charter provides the right not to be arbitrarily detained or imprisoned.
All of these rights are being impinged on in a major way by this fly-over rule and list.
The charter provides the right not to be arbitrarily detained or imprisoned, and if detained, the right to be promptly informed without unreasonable delay of the reason.
The charter provides the right to be presumed innocent until proven guilty. Clearly, this is being violated by the fact we are all deemed guilty and the U.S. needs the information about every traveller, whether an 82 year old or a 15 year old.
The right to mobility is something that we forget, which is very important to a fair and effective economy in Canada. The rights to mobility include the right to enter, remain and leave Canada.
The provisions of Bill C-42 would allow information about Canadians to be shared with U.S. officials without notice and without consent, including the U.S. right to pass on that information to other nations. There would be no right of appeal, no right to access one's file held by the airline or by the U.S. government in order to verify and ensure the correctness of that information. Clearly, the information may be false or based on hearsay, and we have already seen examples of Canadians being added to the no-fly list where, clearly, the information was garnered under torture, with no right to access privacy rights accorded to citizens of the United States under U.S. law.
This bill, as mentioned, would expand the duties of operators to provide additional information in their control for a flyover of a foreign country en route to another. Regardless of Canadians' efforts to avoid the imposition of U.S. security measures or delays on their holidays to Mexico or Cuba, or a business trip to another nation, this new law would require airlines to provide personal information and any other information they may hold. Absolutely no provision is made requiring the airline to make that information available to travellers, nor does it provide any procedures to access that information. These and other issues were raised by witnesses appearing at committee and, clearly, ignored.
As was pointed out in testimony before the committee reviewing Bill C-42, the constitutionality of the no-fly list is currently being challenged in U.S. courts and it may be wise to await the outcome of these proceedings. As other members of the House have pointed out, the bill has been delayed already, so what is the rush? Should we not stand back and consider the ramifications for Canadians' personal security?
In my previous positions working with border security and enforcement personnel in discussions on shared intelligence as being a useful opportunity to detect violators where we have trans-boundary illegal activity, those measures to share intelligence were pursued in the context of clear constraints on sharing access and storage of the information, even among duly appointed enforcement officials. Given the consequence of the no-fly list, similar conditions seem all the more critical to ensure the protection of Canadians from unnecessary intrusion in their constitutional rights.
So many yet unresolved concerns with this bill have been raised in committee and in the House over the last few days, one wonders how it could proceed through Parliament without the basic safeguards that have been granted to other nations.
In the very least, given these issues and concerns, I call upon the members of the House to support the amendment providing for a timely review, particularly in the context of the ongoing discussions on security measures.
