Mr. Speaker, last Tuesday some of us in the House—certainly the members of the Liberal caucus—celebrated the 30th anniversary of the Charter of Rights and Freedoms. This will be the theme of my remarks today, for it really does provide a context for what is happening with the bill before the House, which at its core is purposely mean-spirited, divisive and anti-Canadian.
Last week Canadians from all walks of life and from all parts of Canada celebrated the anniversary of bringing our Constitution home from the United Kingdom. Canadians support the charter, and for good reason; the charter has consistently protected the rights and freedoms of individuals from an overreaching government, and it has been a source of pride for most Canadians.
Canada has traditionally punched above its weight in protecting our citizens and the human rights and freedoms of all citizens, yet I fear the bill will add to the growing concerns that Canada is turning its back on those in our world who are less fortunate.
The United Nations convention relating to the status of refugees ensures that those who are being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion can seek refuge in regions that will protect their basic human rights and freedoms.
As our world becomes more connected through social media, it is harder to turn away from the plight of our neighbours, yet human rights violations are not always as visible as the ones we are watching in Syria. That is why this bill, which gives the ultimate power to the minister to place countries on safe lists, cannot be supported. No matter what political stripe, the Minister of Citizenship, Immigration and Multiculturalism should not have the power to turn away a person seeking refuge due to his or her country of origin. No matter what their political stripe, the Government of Canada does not have the right to detain those seeking refuge for a year without review.
As a democratic country, we need to ensure that refugees are heard in an efficient manner that protects their basic rights and freedoms. I agree that the system can be improved, but the power to accept or deny someone cannot lie with one person. There needs to be more oversight, and the process needs to be expedited to ensure refugees and their families can begin to integrate into our country.
I stand today urging for a balance between protecting human rights and freedoms and modernizing our refugee system.
We have been leaders in the past and we can be leaders again, but not if the bill is supported in its current form.
I have been proud to stand as a Canadian knowing the key role that the Canadian government has played in the introduction and development of the concepts of peacekeeping and the responsibility to protect, yet the bill signals an abrupt shift away from the spirit and intention of those concepts. As it stands, the bill is not only anti-refugee; it is anti-due process, anti-justice, and violates the charter. I have no doubt that elements of the bill will be struck down by the courts.
The government knows that. It knows that locking someone up for 12 months without due process and all the rights afforded by the charter is unconstitutional.
Section 7 of the charter provides that:
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.
Section 8 assures that:
Everyone has the right to be secure against unreasonable search or seizure.
Section 9 gives everyone the right not to be arbitrarily detained or imprisoned.
Section 10 gives rights to those who have been arrested or detained, and the key word is “detained” in the context of this particular piece of legislation. In section 10(c), those rights include the right to have the validity of that detention determined and to be released if the detention is unlawful. It could not be clearer.
The sections of the charter that I have just referenced make it explicitly clear that there are elements of the bill, including the detaining of refugees for 12 months, that are a direct violation of the charter, and the minister knows this. The government knows that the charter applies to everyone, not just some, on Canadian territory, including those who arrive by plane or by boat at our ports, including those in transit in our territorial waters. It is called the rule of law.
It is troubling to witness such behaviour from a government that claims to value the rule of law, what the law governs. Even when we may not like it or we have mixed feelings about a particular law or court ruling, we cannot have a situation where the government picks and chooses the laws it likes and circumvents others with which it does not agree.
I cannot support this bill that would strip a refugee's residency status if the situation in his or her home country stabilizes under section 19. This is not democracy. We should be increasing the protection of the most vulnerable but the government seems to think we should turn our backs on them.
Equally troubling is the talk about freedom and liberty from those who stand fully prepared to take away constitutional rights and usurp the rules of law. We have rules and protections. I am grateful we have the charter that checks the power of government.
The day is coming and it is coming soon when the law will prevail, as it always does. I look forward to the day when Canada is once again respected and is a place that will once again value justice, equality, decency, unity and compassion.
