Mr. Speaker, I have to say, it is highly disturbing that I am again obliged to call out the government's glaring violations of Canada's Constitution, including international covenants to which Canada is a signatory, in Bill C-2, the so-called strong borders act.
This is the second occasion where the Liberals have presented a piece of legislation that would provide government with sweeping executive powers. In fact just before summer adjournment, the NDP had to hold the Liberals accountable for how Bill C-5 undermines the Constitution.
Now we are here today debating Bill C-2, a bill that would disregard constitutionally enshrined rights, undermine civil liberties, criminalize migrants and asylum seekers, and bypass Parliament and public debate. Who are the Liberals targeting? They are targeting marginalized communities.
Just like Bill C-5, Bill C-2 is an omnibus bill. It is vague and dangerous. The NDP is once again calling out an undemocratic power grab.
It is clear that the measures are meant to appease Trump, which is the opposite of what the current Prime Minister campaigned on. Do not just take it from me; the Minister of Public Safety said the Liberals carefully crafted Bill C-2 to address Trump's “irritants”, lifting up disinformation that Canada is causing America's fentanyl crisis, appointing a fentanyl czar and enacting draconian border policies that terrorize migrants and refugees and result in the detaining of citizens. That is the American administration the current Prime Minister is lifting up.
According to the Migrant Rights Network:
[the Prime Minister] campaigned on being different from Donald Trump, yet his very first bill is a shameful capitulation to racism and xenophobia, which abandons Canada’s legal and moral obligations to refugees and migrants. We’re witnessing the deliberate expansion of a mass deportation machine designed to tear apart families and communities.
It is shameful.
I have to question the Prime Minister and the Liberal government. Are they going to keep undermining rights to appease a president who has demonstrated that he is erratic, or are they committed to upholding human rights? Are they, along with the Conservatives, going to keep entertaining the lie that immigrants are driving the housing crisis, when the real blame lies with landlords and profit corporations? As we have seen from extremist anti-immigrant and anti-migrant riots in Toronto, entertaining this violent rhetoric is no way to build a unified country.
This week, the Prime Minister called Trump a “modern man”, indicating he texts him regularly. Are we going to pretend that this “modern man” is a reasonable partner in protecting democracy, when he is using his ICE police force, the National Guard and the army to terrorize people, his very own citizens, as well as visitors, including Canadian citizens?
The bill goes beyond what the Liberals have tried to convince people across Canada it is, a bill to protect our borders. In fact, it would result in violating civil liberties and violating rights to privacy. In fact, through the legislation, the Liberals would be ushering in sweeping surveillance powers for police, intelligence and even vaguely defined “public officers” to enforce upon anyone in Canada.
In fact, if the bill is passed, these actors can, without a warrant, demand people's personal information from doctors, banks and landlords; track their locations, associations and service usage; open their Canada Post mail; and share their data with foreign governments such as the United States government. This is a violation of the right to privacy, a charter right that has been affirmed and upheld by the Supreme Court as an essential part of the Charter of Rights and Freedoms.
According to a letter sent to the government by 39 civil liberties and human rights groups, and 122 lawyers, Bill C-2 “is a multi-pronged assault on the basic human rights and freedoms Canada holds dear. It is likely unconstitutional, and deeply out of step with the values Canadians expect our government to embody and respect.”
This violation of privacy will be felt the most by those who are already the most impacted by oppressive systems: women, gender-diverse folks and the 2SLGBTQQIA+ community. Several organizations representing women and gender-diverse people, including Action Canada, have condemned the bill for allowing a range of powers for law enforcement to access private medical records on abortion history without a warrant, violating the charter-protected right to privacy that people throughout Canada possess with regard to health care services.
Even worse, Bill C-2 includes provisions for intelligence sharing with other countries, including the United States, which would allow authorities from jurisdictions where abortion or gender-affirming care is banned to find out whether a person has obtained these services in Canada. What happens when somebody comes from the United States, where some practices have been made illegal? Does Canada want to be involved in jailing people for exercising their human rights?
This legislation lacks a gender-based analysis. That has been made clear, full stop. It even fails to acknowledge the reality of survivors of gender-based violence. According to Action Canada, “Survivors fleeing gender-based violence abroad are learning about legal processes while living with profound trauma, often under the control of abusive partners who restrict their access to information and support. Imposing strict time limits on these most marginalized refugees”, for example, “ignores Canada's commitments to gender equality and safety.” That also applies to people fleeing intimate partner violence in Canada.
Under Bill C-2, a survivor of violence can be endangered if their abuser or abusive partner, for example, is a member of law enforcement who, without a warrant, is capable of accessing information on their whereabouts and the services they use. However, we should not be surprised if the Prime Minister seems oblivious to the issue of gender-based violence; he plans to cut funding for women and gender equality by 81%, even though several municipalities have declared gender-based violence an epidemic.
I would be remiss if I did not add that Bill C-2 further advances the Liberals' attacks on those who oppose the government agenda, such as land defenders and workers. In fact, just last month, the Liberal government abused its power and its use of section 107 of the Canada Labour Code to violate the right to strike. As the Canadian Union of Public Employees has stated in regard to Bill C-2, “Trade unionists and activists know how surveillance can be used in attempts to limit labour and social movement fights for justice.”
The NDP will not stand for these infringements on our privacy and human rights. The NDP is calling for the bill to be withdrawn in its entirety. Let us not fall into the trap of undermining our Constitution, our human rights and the rule of law.
I am urging the Liberal government to withdraw this harmful bill and to put forward something that upholds human rights and truly ensures that people can live in security and safety.
