50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

Issue 79 - Appendix

Monday, December 10, 2001
8:00 p.m.

The Honourable Daniel Hays, Speaker

LIBERAL MAJORITY OBSERVATIONS

The events of September 11 in New York, Washington and Pennsylvania have forced Canadians and their federal Government to address the threat of terrorism in North America. The magnitude of these developments has had a deep impact on law-abiding citizens engaged in the regular activities of daily life.

The Committee recognizes that the very nature of this terrorist threat requires that we provide our law enforcement and security agencies with certain new tools to enable them to investigate and prevent terrorist attacks and destabilize terrorist organizations. In testimony by witnesses, it was suggested that security itself is a pre-condition to liberty.

The stated aim of Bill C-36 is to ensure the maximum degree of balance between the prevention of terrorism and the protection of the rights of individuals. The very nature of these discussions triggers a degree of emotion, anxiety and fear. We wish to address those concerns expressed particularly by representatives of religious and ethnic minorities in Canada who are not persuaded that their liberty will be protected by the tools provided in the bill and that the powers may be exercised in a manner that improperly targets members of their communities.

These are observations which may lie outside the clauses of the bill, but reflect directly on the context of their implementation.

1. We note that the Government of Canada is committed to working with provincial and territorial counterparts, law enforcement and security agencies, the judiciary, Crown prosecutors and corrections officials throughout Canada to engage in ongoing training that is sensitive to the ethnic diversity of Canadian communities.

We urge the government, through the Attorney General and the Solicitor General of Canada to place an urgent and high priority on this education process and create a mechanism enabling representatives of minority groups to share views of methods best suited to achieving that level of sensitivity in balancing these new laws on a non-discriminatory basis.

2. We recognize the response to our Senate recommendations for regular and public accounting to Canadians of quantitative information detailing actions under the investigative hearing and preventive arrest provisions, through annual reports by the Attorney General and the Solicitor General of Canada and their provincial counterparts.

We urge the government to commit to providing qualitative information in these reports and recommend the creation of a special ongoing Advisory Group including representatives of ethno-cultural organizations to provide factual and anecdotal evidence of how the provisions of this bill are being implemented and advice for adjustments, if warranted.

3. Proper implementation of the powers under Bill C-36 ultimately will define the success and credibility of this legislation in maintaining the balance between protecting Canadians and upholding our fundamental rights and freedoms. This bill will place an additional burden on present complaint and review bodies, security agencies and Parliamentary Officers to undertake the necessary oversight and review functions which fall within their mandates. Witnesses before our committee noted, in particular, the pressure that will be imposed on the Human Rights Commission as implementation evolves.

As new territory is being charted, it is essential that new and adequate resources be provided to fulfill these obligations without detracting from the already onerous responsibilities and actions required from these agencies and officers.

Finally, the committee wishes to underline the ability of the Senate of Canada to undertake an ongoing role of review and oversight at any time as warranted in the implementation process of this legislation. Historically this chamber has provided a venue for special study through calling of witnesses and reporting to the Government and Canadians on issues of importance and concern to the country. This is not merely an option, but a duty, as senators continue to maintain an intense interest in these initiatives that have been triggered by unprecedented events which threaten the security and well being of Canada.

PROGRESSIVE CONSERVATIVE SENATORS' OBSERVATIONS

Progressive Conservative senators continue to support the recommendations of the Pre-study Report of the Special Senate Committee on the Subject Matter of Bill C-36, the Anti-terrorism Bill.

This unanimous committee report recommended a number of amendments to Bill C-36 designed to achieve the appropriate balance so that, in the words of the Committee Report, ``our law enforcement and security agencies have the tools necessary to protect us and to prevent terrorism before it strikes while not undermining the freedoms that our government ultimately is mandated to protect. Acts of terrorism must not force us to relinquish our fundamental principles and basic democratic safeguards.''

Bill C-36 as amended in the House of Commons and returned to our committee, without the significant amendments recommended in the Pre-Study, does not achieve this balance. The two most important Senate recommendations, which dealt with the appointment of an Officer of Parliament to monitor the exercise of powers under this Bill and the application of a true sunset clause to virtually all parts of the Bill, have been ignored.

Progressive Conservative senators believe significant amendments must be brought to this Bill before we can be satisfied that the civil liberties of Canadians will be adequately protected.

Progressive Conservative senators continue to support the unanimous Pre-study Report of the Special Senate Committee on the Subject Matter of Bill C-36, which was unanimously adopted in the Senate Chamber on Thursday, November 22, 2001.