Home Newsroom 2005 Speeches (archive) McLellan: 2005-04-07

A statement on an opposition motion regarding the Air India investigation

Speaking notes for
The Honourable Anne McLellan

Ottawa, Ontario
April 7, 2005

Introduction

Merci, Monsieur le President. On June 23, 1985, 329 people perished when Air India flight 182 went down off the coast of Ireland. Entire families were lost. Children were orphaned. Parents and grieving families were left behind.

Two hundred and seventy eight Canadians were on board and lost their lives. On that day, terrorism became a reality for all of us. Long before the events of September 11^th brought terrorism into stark relief for the entire world, we knew evil.

In the 20 years since Air India, there have been a number of investigations, inquiries and several trials:

• the Seaborn Report
• the Security and Intelligence Review Committee examination
• the Canadian Aviation Safety Board Report
• the Kirpal Commission of Inquiry in India
• the Cork Inquiry in Ireland
• The Reyat proceedings
• And most recently the Malik/Bagri decisions

Today's transportation and security systems have been fundamentally transformed as a result, and we as a government continue to build on what has been done to date.

Mr. Speaker, I believe that we need to take stock of what we have learned in order to better understand what remains to be learned.

Therefore, I will seek independent advice from an eminent person who can review all the material related to the Air India bombing … someone who can meet the families and interview government officials so that he or she can give me independent advice in relation to outstanding questions of public interest which could be answered today, 20 years after this tragic event.

This review can only begin once we have determined whether the province of British Columbia will appeal the decision of Mr. Justice Josephson. If the province proceeds with an appeal that must take priority and this process must await the result of that appeal.

This process, of seeking independent advice, will enable us to identify a way forward - a way forward that can resolve any remaining public interest questions and build on the progress we have made and the conclusions that have been drawn since June 23^rd, 1985.

But before I take any action I want to meet the families next week as the start of a dialogue, so that we have a good understanding of what questions remain unanswered for them.

Mr. Speaker, I have been struck by the comments from the victims' families that they want to be sure that things have changed so that this tragedy is never repeated…and so that no one else has to live with the pain and hurt they carry.

I share their commitment. And I would like to assure the families and this House that indeed things have changed since 1985.

I believe there is no greater responsibility for government than ensuring the safety and security of its citizens. The Government of Canada takes this job very seriously.

And so, Mr. Speaker, as we start this day of debate, I believe it important that we begin with a shared understanding of all that has happened since 1985, as we have worked to create a safer and more secure country.

The Air India investigation

Mr. Speaker, the investigation into this disaster is the longest - and certainly most complex - investigation in the history of the Canadian legal system. The RCMP has been investigating this incident for 19 years with the assistance of our law enforcement partners in Europe, India, North America and Asia. In fact, this investigation continues today.

And the Government of Canada's support of this investigation goes beyond the efforts of the individual departments and law enforcement agencies to get to the bottom of what happened that day and in the time leading up to the tragedy.

For example, in recognition of the difficulty and financial hardship that attending the trial might impose on families of the victims, the Government of Canada paid all of the costs of victims' families' services, transcription, court reporting and judiciary support, as well as courtroom and building security.

We also covered half the costs of legal aid, prosecution, management services, communications and media relations, audiovisual costs, and operating technology.

This was the right thing to do.

In short, Mr. Speaker, the Government of Canada has devoted many resources and significant efforts to bringing to justice those responsible for the deaths of the passengers and crew of flight 182. This includes the RCMP investigation but also the other investigations and inquiries I mentioned earlier, by our government, as well as the governments of India and Ireland.

As you can see, Mr. Speaker, governments around the world have looked into this matter in detail. And we have acted on the findings of these studies.

We have been working diligently for the last 19 years to ensure - with the greatest extent of certainty that is possible - that such a disaster does not occur again.

Aviation security

An important first step towards greater aviation security involved commissioning the Seaborn Report I referred to earlier. This document resulted in a number of actions taken by Transport Canada to enhance the security of our aviation system.

Time does not permit me to go into great detail, but foremost among the changes were stringent requirements that forbade the carrying of checked baggage on international flights unless the checked passenger was also on board. This has since been extended to include domestic flights as well.

It is important to note, Mr. Speaker, that the actions we undertook put Canada at the forefront of international efforts against terrorist threats. We provided a model of excellence that was adopted by other countries in the International Civil Aviation Organization.

Throughout the late 1980s and 1990s, Transport Canada continued to improve aviation security. Of course, the tragic events of September 11^th, 2001 shone a new light on how we ensure the safety and security of our skies.

The 2001 Budget invested $7.7 billion over five years to fight terrorism and reinforce public security. It included $2.2. billion over five years to new aviation security initiatives. Some of the actions we took included establishing the Canadian Air Transport Security Authority - "CATSA" - to provide key air security services, and the installation of advanced explosives detection systems at Canadian airports that will cover 99 per cent of all passengers travelling through our country.

We also placed armed RCMP officers on board selected domestic and international flights, and provided $35 million in funding to help airlines undertake security modifications like reinforcing cockpit doors.

More recently, the government reaffirmed its commitment to aviation security improvements by dedicating an additional $16 million over five years to develop systems that will screen airline passenger information.

The RCMP and CSIS

Mr. Speaker, as you can see, the Government of Canada has been actively working over the past 20 years to make our skies safer for airlines passengers and crew.

But our accomplishments and lessons learned do not stop at aviation security. We have also been working hard to improve our national security in the aftermath of the Air India disaster, particularly through the RCMP and CSIS.

Immediately following the crash of flight 182, the RCMP moved quickly to create an Air India Disaster Task Force, a dedicated team that worked out of both Ottawa and Vancouver.

The RCMP also undertook a number of organizational realignments that reflected the changing environment that continues to evolve today. This included the establishment of the National Security Investigation Directorate and National Security Operations Branch in 1988 and the Criminal Intelligence Directorate in 1991.

The Canadian Security Intelligence Service also moved quickly to respond to the Air India disaster. CSIS enhanced capacity and personnel and moved away from a focus on the cold war, and greater attention towards terrorism - including Sikh extremism.

CSIS worked closely with the RCMP to exchange information and move the investigation forward. Mr. Speaker, this close collaboration between the RCMP and CSIS was pointed out in a 1992 report by the arms-length, independent Security Intelligence Review Committee, who lauded the "immediate and full cooperation" between the two agencies in the aftermath of Air India. SIRC also highlighted the free exchange of information that took place between the RCMP and CSIS.

Mr. Speaker, a Memorandum of Understanding signed in 1987 between the RCMP and CSIS solidified this working relationship and clearly delineated their respective roles and responsibilities for Canada's national security agenda. Since then, the relationship between these two agencies has grown stronger as they work shoulder-to-shoulder to keep Canada and Canadians safe… a fact that has once again been noted by SIRC in recent reports.

Budget 2001 recognized this vital relationship and committed $1.6 billion to increase policing and intelligence efforts in fighting terrorism. Through this investment, CSIS has expanded its investigative capacity by hiring more people, as well as upgrading equipment and technology. The RCMP has also worked with its partners across the security community in the form of Integrated National Security Enforcement Teams in major Canadian cities.

National security

Mr. Speaker, Canada continued to build on this work in the late 1980s and through the 1990s as we entered the new Millennium…and were once again brought face-to-face with evil on September 11^th, 2001. And since then, Canada has implemented further measures to enhance our national security.

First and foremost, we enacted the Anti-Terrorism Act and the Public Safety Act. These two pieces of legislation were designed to improve Canada's capacity to prevent terrorist attacks, protect our citizens and respond quickly to identified threats. Mr. Speaker, as always, these objectives are pursued while promoting the values we as Canadians hold dear, and the rights and freedoms we are guaranteed under the Canadian Charter of Rights and Freedoms.

The Anti-Terrorism Act defines terrorist offences and made the financing of terrorism illegal. It also creates offences that criminalize activities like participating in a terrorist group - actions that take place before a terrorist event can occur. As such, this Act is strategic…innovative…and most importantly, preventative.

The measures contained in the Anti-Terrorism Act provide the tools the government and law enforcement need to deter, disable, identify, prosecute, convict and punish terrorists. Mr. Speaker, at the same time this Act protects the expression of political, religious and ideological expression - so long as it does not intend to cause harm to Canada, Canadians or our allies around the world.

The Anti-Terrorism Act also provides for the listing of terrorist entities, which means among other things that financial institutions must report on listed entities' property. Over 400 individuals and organizations are currently listed under these regulations, including Babbar Khalsa and Babbar Khalsa International - entities of a Sikh terrorist organization.

Finally, Mr. Speaker, I cannot discuss enhancements to Canada's national security efforts without mentioning the National Security Policy, which I launched in this House almost one year ago today.

The National Security Policy is an integrated strategy that demonstrates the Government of Canada's leadership and commitment to protecting Canadians. It sets out the government's broad safety and security vision. It articulates our core national security interests, identifies the current threats facing Canadians, and provides a blueprint for action to address these threats.

Conclusion

Mr. Speaker, we have learned a lot in the past 20 years. And we have acted upon what we have learned. The Canada of today is a much different country than the Canada of 1985.

We cannot overlook the progress we have made since that tragic day that flight 182 went down, and 329 lives were lost forever.

And we cannot ignore the longest and most exhaustive criminal investigation in Canada's history that continues to this day, and that resulted in the conviction of Inderjit Singh Reyat.

Mr. Speaker, I believe the intentions of the Honourable Member in putting forth this motion were good. But I believe it is premature to call for an inquiry…before we speak to the victims' families and hear their specific questions…and before we allow the judicial process to play out as it should.

Beyond the issue of how we proceed with respect to getting the answers we need, I believe we as Canadians and Parliamentarians have another question to consider.

That is, as we approach the 20^th anniversary of this devastating incident of terrorism, we must also consider what we can do as a government, as a country, to commemorate appropriately the innocent men, women and children who lost their lives aboard flight 182.

Mr. Speaker, I am committed to doing the right thing for those who were left behind after this horrible tragedy. I am open to a number of options for how we move forward to bring closure to this terrorist incident.

But I believe that it would be a disservice to all those who seek justice in this tragedy and in and an affront to the judicial process to support this motion at this time.

And so I restate my opposition to the Honourable Member's motion and urge my colleagues in the House to join with me in seeking a more balanced and measured approach to honouring the victims of Air India flight 182.

Thank you, Mr. Speaker.