Mr. Speaker, it is important for me to speak today about the bill to prevent human smugglers from abusing Canada's immigration system.
Bill C-4 is not only an unacceptable affront to the human dignity of thousands of men, women and children, but it is also a threat to the Canadian values that we hold in trust, a heritage reaching back thousands of years that we cannot betray without serious consequences. Let me explain.
Section 7 of the Canadian Charter of Rights and Freedoms is the embodiment of this heritage. It reads:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
In 1985, in Singh v. Minister of Employment and Immigration, the Supreme Court found that section 7 extends to every human being who is physically present in Canada. It protects all men, women and children against the arbitrary power of the state or a minister.
As a result, the long-term detention without charge or trial that would be imposed under Bill C-4 is a denial of this fundamental Canadian value embodied by section 7 of the charter.
Why does section 7 of the charter exist? As I said earlier, we are the custodians of a heritage reaching back thousands of years. Our institutions, inspired by Britain's, are the result of a long and difficult process. Many direct threats could have destroyed our institutions and put us all under an arbitrary regime, which is the opposite of Canada's current situation. The prohibition of arbitrary detention without trial is a part of this heritage, which is a basis for our common values. The principle of habeas corpus was established by English barons in the Magna Carta, which was forced on King John in 1215. The protection that it offered to some British subjects at that time has since been extended to all human beings both in international treaties and in the fundamental national laws of many countries.
We must not forget that since those ancient days, women, children, persons of colour, people of all backgrounds and faiths, and the aboriginal peoples of this country have been protected by this principle of justice adopted long ago as a Canadian value. So why is the minister proposing that we go back in time? How can he justify superseding the courts and acting as both judge and jury in deciding the fate of men, women and children, and thus violating both the letter and the spirit of the charter?
Have we forgotten so quickly the lessons learned from the detention camps where Canadian citizens of Japanese origin languished during World War II? Are we to conclude that it was wrong to generously welcome the Vietnamese boat people a few decades ago? We must remember that the principles in the Magna Carta were established at a time when fear was more pervasive than it is today. Despite the fear evoked by the sovereign's sword, the English barons had the courage to demand and obtain, for themselves as well a for a large number of His Majesty's subjects, principles of justice so fundamental that we cannot deny them without denying all that we are.
The dark days that followed the invocation of the War Measures Act in the October crisis of 1970 remind us of the fragility of these fundamental principles when we are governed by fear. Hundreds of people were arbitrarily detained by the authorities at that time. Yet it has never been proven that the use of these exceptional measures gave the police a definite advantage in countering the criminal actions of the FLQ.
On the contrary, it now seems as though the ordinary Criminal Code provisions that were in place at that time would have been enough to take action against that group. At that time, Tommy Douglas rose in the House to vehemently denounce the government's intention of using these extraordinary measures in our country. And history has proven him right. A young man by the name of Jack Layton found inspiration in this courageous act by our party's first leader, and it gave him the desire to defend these principles and values that are so deeply rooted in Canada.
And our charter also says that “Canada is founded upon principles that recognize the supremacy of God and the rule of law”. The Judeo-Christian principles that form the foundation of our country are the key to understanding our heritage and the resulting consequences on our collective life.
I would like to refer to the gospels. A woman was brought before Christ by her accusers. She was accused of adultery and was to be stoned. The accusers insisted on questioning Christ about the legitimacy of stoning her to death. He said, “If any one of you is without sin, let him be the first to throw a stone at her.” Obviously, no one dared. And when the accusers dispersed, Christ asked the woman, “Woman, where are they? Has no one condemned you?” She replied that no one was left, and Christ said to her, “Then neither do I condemn you. Go now and leave your life of sin.”
This teaching does not preclude the existence of a justice system and the enforcement of a legal code, but it reminds us that we need to be extremely careful about judging the actions of others.
Our justice system is set up with guarantees to protect our rights as individuals. As I said earlier, every man, woman and child who is on Canadian soil is entitled to the basic protection provided under the spirit of habeas corpus. How can the minister come before this House and challenge such a fundamental Canadian value?
Are we but minions so crushed by fear that we will, like cowards, betray the legacy left to us by the great political giants of Canadian history, the founding fathers of our country, the first venerable pioneers of this legacy, the courageous English barons of the 13th century?
Fear is a bad adviser and all too often it makes us lose sight of reality. The arrival of the MV Sun Sea with 492 Tamils on board, including 60 women and 55 children, was a convenient pretext for this government to introduce its initial bill. Bill C-4 is merely another attempt to exploit people's fear of massive arrivals of refugees by sea. This public relations stunt is not based on any real problem. One recent case even proves that the existing legislation is sufficient. The only thing missing is the means to enforce it.
The case of the MV Ocean Lady is an excellent example. The 76 Tamil refugees were detained for an investigation in October 2009. In January 2010, they were all released after the government admitted that there was no evidence that they belonged to a terrorist organization or had any criminal ties. Only four Sri Lankans have been arrested in 2011 for trying to enter Canada illegally. Would detaining them unnecessarily any longer have changed any of the conclusions? Nothing could be less certain.
Will we allow this government attempt to jeopardize our fundamental rights like this? Once these Canadian values are undermined, what will the government target next?
