House of Commons photoLost his last election, in 2015, with 23% of the vote.
Combating Terrorism Act October 17th, 2012
Mr. Speaker, I would like my colleague to explain that the government is making increasing use of the Senate to introduce bills in the House of Commons, when they should normally be introduced by elected representatives of the people.
It strikes me that this bill should have come from the Department of Justice, but curiously, the government chose to use the Senate.
What does she think about this way of using the Senate to introduce bills?
Petitions October 16th, 2012
Mr. Speaker, I rise today to also present a petition signed by dozens of Canadians who disagree with the government's decision to close the Experimental Lakes Area research station. The petition basically recognizes the excellent freshwater research carried out at this station, which has gained international recognition for its quality work. We are therefore asking the government to reverse its decision to close the Experimental Lakes Area and to maintain funding in order to continue the research and support the excellent work being done there.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, I would quickly say that it is a good thing that there are no minimum sentences in this bill because they are constantly challenged in the courts anyway. What is more, in the near future, they would probably be declared unconstitutional. So, it is a good thing that there are no minimum sentences. There are however maximum sentences that can be as long as life in prison for most of the offences. That is appropriate. This will give judges the flexibility to rule according to case law, case by case, and to come up with the right sentence.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, I thank the member for Toronto—Danforth for his excellent question.
The answer can be found in the question itself, in that the seven-year wait was excessive. Many countries take these questions very seriously. We are talking about the safety of Canadian citizens.
Many countries took these issues much more seriously—if I may say so—and addressed nuclear safety issues much more quickly.
The fact that Canada waited so long to address the nuclear safety issue has only tarnished Canada's international reputation, which had been excellent up until now. Canada's reputation has been tarnished by our delay in addressing this issue. My colleague was correct in pointing that out.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, I thank the member for Joliette for her excellent question, which makes some very important clarifications.
The scope of this bill is possibly too broad, since the justice department's intention was to stick as close as possible to the provisions of the convention. However, some of these new offences in the Criminal Code have a much broader scope than the offences found in the international agreements.
We must ensure that the broad scope of this new part will not cause excessive criminalization and will not violate the Canadian Charter of Rights and Freedoms. The Standing Committee on Justice and Human Rights will have to make some clarifications.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, I thank my colleague for her excellent question.
This bill was introduced in the Senate last March. There were some oversights. Liberal senators made some amendments, which were adopted unanimously. It is important that we continue to closely study this bill to ensure that there are no other oversights.
I do not remember the exact oversights, but there were some. A Liberal senator proposed some amendments. We will continue studying the bill in order to ensure that there are no other oversights.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, I would like to thank the hon. member for his work on the Standing Committee on Justice and Human Rights, which will examine this bill.
He has pointed out to the members of the House several unusual elements. This is a bill that should have been introduced much sooner.
In 2005, when this convention was ratified, we committed to make changes. However, the government did not consider this issue and, instead, left it up to our colleagues in the Senate to do the work.
It is strange that we have to examine this bill after the Senate. This bill should have been introduced six years ago. It is important to take all the time needed to consider it carefully. We have full confidence in the hon. member for Toronto—Danforth. The committee must ask the right questions and take the time to examine the bill, even if that requires a few extra weeks.
This is a good reason not to rush the process and to take all the time needed to carefully examine the bill. I am convinced that my colleagues that sit on the Standing Committee on Justice and Human Rights will be diligent in their work.
Nuclear Terrorism Act October 15th, 2012
Mr. Speaker, since September 11, 2001, in particular, the United Nations Security Council and the UN General Assembly have been concerned about international terrorism activities, including nuclear terrorism. Members of the UN Security Council and the UN National Assembly passed resolutions that led to the development of treaties on nuclear terrorism so that member states would adopt legislation and policies in sync with the ever-changing threat of terrorism.
Canada has been co-operating with other countries to address this issue at the international level for a long time now. Canada ratified the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities, which encourages the development of measures related to the prevention, detection and punishment of offences relating to nuclear material.
In 2005, this convention was amended to improve the physical protection of nuclear material and facilities. The amendments made in 2005 increased the convention's scope in order to cover peaceful nuclear facilities and the use, storage and transportation of nuclear materials within the countries.
Also in 2005, Canada signed the International Convention for the Suppression of Acts of Nuclear Terrorism, but we have yet to ratify it. The convention calls upon state parties to create new criminal offences for acts of nuclear terrorism.
It is important to remember that a treaty cannot be ratified unless changes are made to national laws. That is the purpose of Bill S-9, which amends Canadian laws to make them consistent with the two conventions I just mentioned. After this bill is passed, Canada will be in a position to keep its commitment to ratify these international conventions. We will thus be able to fulfill our obligations.
The NDP supports multilateral approaches that promote co-operation among the state parties. Such co-operation is important in areas that go beyond our borders. Terrorism is this type of threat, and it is only through co-operation between the state parties that we can protect ourselves against such threats. We support working with the countries that ratified these conventions, and that is why we are going to support this bill. We also want to be able to examine it more thoroughly in committee.
This bill was introduced in the Senate in March 2012. It includes 10 clauses that create four new offences in the Criminal Code. Adding these new offences makes it illegal to possess, use or dispose of nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operations, with the intent to cause death, serious bodily harm or substantial damage to property or the environment.
It also makes it illegal to use or alter nuclear or radioactive material or a nuclear or radioactive device, or commit an act against a nuclear facility or its operation, with the intent to compel a person, government or international organization to do or refrain from doing anything.
I would like to call attention to this restriction. It is very important, because the very purpose of terrorism is to force a government or an organization to do, or to refrain from doing, a specific thing. How many attacks or kidnappings have been committed by terrorist organizations in order to discourage western countries from taking part in wars in Afghanistan or Iraq? Terrorist groups use threats and retribution to force governments to give in to their demands.
The bill also makes it illegal to commit an indictable offence under federal law for the purpose of obtaining nuclear or radioactive material, a nuclear or radioactive device, or access or control of a nuclear facility, as well as to threaten to commit any of the other three offences.
This bill makes other important amendments to the Criminal Code, for instance, to introduce definitions for the terms used for these new offences. The bill also adds a new section in the Criminal Code to ensure that individuals who commit or attempt to commit any of these offences overseas can be prosecuted in Canada. This provision must meet certain criteria. The offence must be committed on a vessel flying the flag of or an aircraft registered to Canada by a Canadian citizen or by someone who is present in Canada following the commission of the act.
This bill will amend the Criminal Code provisions on electronic surveillance and the taking of bodily substances. The Anti-Terrorism Act amended the code provisions on electronic surveillance. Therefore, the four new offences were added to section 183 of the code to justify the use of electronic surveillance for these offences.
This provision, which deals with the primary designated offence, was included to allow peace officers to apply for a warrant for the seizure of bodily substances when they are investigating individuals for these offences. Therefore, it also makes it mandatory to collect bodily substances from those convicted of these offences.
These tools are important for our front-line public safety officers, but these provisions will have to be used in accordance with the Canadian legislation and the Canadian Charter of Rights and Freedoms. When new powers are granted, limits must be set to prevent any abuse on the part of our public safety officers who, I would like to stress, have my full confidence.
Finally, the bill amends the Canadian rule regarding double jeopardy. That rule does not apply if a trial abroad does not meet certain basic Canadian legal standards. In this case, a Canadian court may retrial the person for the same crime for which he was convicted abroad.
This Senate bill enables the government to meet its international obligations by creating new offences, but that is just one side of the coin. The other side, which is just as important, has to do with prevention and security. Mr. Jamieson, from the Canadian Nuclear Safety Commission, made a presentation before the Senate committee on June 4. He gave a brief outline of the prevention provisions adopted by the commission over the years.
He explained that the requirements relating to physical protection are gradual and reflect the level of risk and its consequences. He presented a non-exhaustive list of security measures in nuclear facilities. The requirements range from controlling access to sites to providing an on-site response force. Employees and supervisors must meet awareness and training requirements relating to security protocols, and they must undergo background checks.
Licensees must develop and maintain contingency plans as well as practice regular emergency drills. The transport of nuclear materials requires a licence. In order to obtain it, the licensee must submit a detailed security plan including a threat assessment, the proposed security measures, the route and other arrangements along the route. Security plans are required for all shipments including those in transit through Canada.
Canada is a model for the world when it comes to nuclear safety, but the government must continue to invest the necessary amount for maximizing the safety of Canadians, while minimizing the likelihood of a crime or a terrorist attack being committed in Canada or elsewhere in the world.
The International Atomic Energy Agency documented nearly 2,000 incidents related to the unauthorized use, transport or possession of nuclear and radioactive materials between 1993 and 2011. Government agencies with anti-terrorism responsibilities must work in an integrated manner in order for these organizations to be able to properly protect Canadians.
It is not just a matter of creating indictable terrorist offences. It is also a question of investing the necessary funds to allow these organizations and their front-line officers to accomplish their mission and carry out the mandate assigned to them, namely to ensure the safety of Canadians.
Increasing Offenders' Accountability for Victims Act October 5th, 2012
Mr. Speaker, I thank my colleague for the excellent question. There are a number of reasons why we are concerned that judicial discretion to apply this victim surcharge is being eliminated.
The inmate population in certain provinces includes people who are from very poor and disadvantaged backgrounds. Will they be able to pay this mandatory surcharge? Will they be able to participate in a provincial program that allows them to work instead of paying the surcharge? Is such a program available in all provinces? According to what I was told, that is unfortunately not the case.
The minister does not seem to have confidence in judicial discretion because he wants to eliminate it. That is rather worrisome. The government is constantly trying to restrict the discretion that judges have when imposing sentences by introducing bills with minimum sentences. Once again, judicial discretion is being eliminated. The government wants to impose a victim surcharge that a poor offender may not be able to pay and that would cause him undue hardship.
Increasing Offenders' Accountability for Victims Act October 5th, 2012
Mr. Speaker, I thank my hon. colleague for the question. Indeed, we have some concerns about that. We are wondering if all of the money that comes from these fines and increased surcharges will be completely turned over to victims' funds. There is no guarantee in this bill. Will all of that money be paid to organizations that help victims? This issue needs to be clarified.
I am sure we will have an opportunity to ask these questions when the Standing Committee on Justice and Human Rights examines this bill. For now, we will have to wait and see, for this is very important.