Mr. Speaker, I am pleased to rise to speak to Bill S-7.
This bill originated in the Senate, a non-elected House, and it seeks to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act.
I oppose the bill that is before us and I will briefly explain why. Following the events of September 11, 2001, the House of Commons passed an act on terrorism, the Anti-terrorism Act. This legislation was introduced and passed rather quickly. We were shaken and trying to find quick ways and solutions to deal with a feared problem, terrorism, not only in Canada but also abroad.
In the end, several parts of this bill proved useless. Over time, we realized that perhaps we had gone too far in the changes made to our basic rights, which are enshrined in the Charter of Rights and Freedoms. We learned a lesson from that exercise and, in 2007, that act was not renewed, precisely because we realized that several provisions were no longer appropriate in Canada. In fact, they never were. At the time, there had never been any investigative hearing required, or any situation that called for recognizance with conditions.
The bill before us directly affects basic rights that are highly valued in Canada. It provides for up to 72 hours of preventive detention, without the person being charged with anything. It also provides for up to 12 months' imprisonment where a person refuses to testify. That is a major assault on basic rights in Canada. We have to ask ourselves what reasoning can justify such an attack on a fundamental right in a free and democratic society. In my opinion, there is no justification.
For example, in the case of investigative hearings, a peace officer may, with the Attorney General's prior consent, ask a provincial judge to compel any individual who may have information about a terrorist act to appear before a judge. It is immediately apparent that we cannot agree to this bill. A peace officer may force anyone to appear before a judge in order to explain himself or herself or to testify. In Canada, however, even though the right not to testify is a fundamental right, there will be consequences if the individual exercises that right. The person may be detained, even imprisoned, for 12 months merely for refusing to testify. This is a fundamental attack and we must really ask ourselves whether it is warranted.
As we have seen in the Charter of Rights and Freedoms, certain rights may be disregarded where that is warranted. However, according to the principle that the Supreme Court has used on numerous occasions, such action must be warranted in a free and democratic society. I note that the judgment in Oakes established quite clear tests regarding what may warrant limiting fundamental rights in Canada. In my opinion, the bill before us does not meet those tests.
Several factors are involved, including preventive arrest. That is rarely seen in a free and democratic society. Some countries are accused of making unwarranted preventive arrests, and Canada is preparing to act like certain countries that we often criticize. Once again, we must ask ourselves on what reasoning this is based.
Peace officers may arrest an individual without a warrant where they believe that is necessary to prevent a terrorist attack. On what do they base their decision? On what do they rely? How can people defend themselves in those circumstances?
I guess people in Canada will say that they have nothing to worry about, that this does not concern them. However, if a peace officer is convinced that an act will be committed, if he or she assumes that an act will be committed, people will be in a poor position to defend themselves since there will be no evidence. There will merely be an apprehension. In that case, there can be no justification for a peace officer having such a considerable and substantial power.
Section 495 of the Criminal Code already grants a peace officer the following powers:
(1) A peace officer may arrest without warrant (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; (b) a person whom he finds committing a criminal offence; or (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
We can see that this power is subject to certain conditions. We already have a section in the Criminal Code that gives peace officers this power.
We have to ask ourselves what the reason is for wanting to give them even more powers, including the power to detain an individual for a period of 12 months simply for refusing to testify. That right is guaranteed by the Charter of Rights and Freedoms, among others. This is going too far.
This bill would have benefited from a debate in committee and several NDP amendments. However, the amendments were all turned down by the Conservative government.
Parliamentary committees listen to witnesses and experts and give them an opportunity to comment on bills. Members rely on witnesses' knowledge when amending legislation.
One of the witnesses was Denis Barrette, a member of the International Civil Liberties Monitoring Group. According to Mr. Barrette, when the Anti-terrorism Act was adopted in 2001, insufficient evidence was presented to justify reducing the protections guaranteed under the Charter of Rights and Freedoms.
The Toronto 18 were arrested without this legislation, which expired in 2007. The alleged terrorists who intended to attack a VIA Rail train were arrested by the RCMP and other Canadian security agencies the day before yesterday, once again, without legislation such as what we have before us today.
Bill S-7 is not justified. What we need to do in Canada is improve existing security agencies and give them the tools they need to defend our interests. That brings to mind the 2013 budget, in which the government cut air security services in Canada, then in the same breath talked about the problem of terrorism. The air security budget will be cut, especially in airports in remote regions like mine. Small airports may lose their security services.
We need to consider this: if the aim is to truly protect Canadians and the entire world with our security measures in Canada, these measures need to be improved through whatever means necessary. In my opinion, it is crucial that there be an adequate budget to maintain Canada's air security services, and the matter should not even be up for debate. Unfortunately, the budget will cut funding for these services.
Based on what we are seeing here, Canada is heading in the wrong direction by taking away Canadians' rights when we should be giving Canadians the tools they need to protect themselves.