Evidence of meeting #24 for Foreign Affairs and International Development in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was industry.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michael Byers  Canada Research Chair in Global Politics and International Law, University of British Columbia
Colonel  Retired) Pierre Leblanc (President, Canadian Diamond Consultants Inc.
Steven Staples  Chair, Rideau Institute on International Affairs
Steven Shrybman  Lawyer, Sack, Goldblatt and Mitchell
James Fergusson  Director, Centre for Defence and Security Studies, University of Manitoba
Tom Last  President, ImStrat Corporation
Clerk of the Committee  Mrs. Angela Crandall

4:15 p.m.

Col Pierre Leblanc

The situation in the Arctic has not improved from the year 2000, when I was commander of the northern area.

We still have a navy that has no capability to operate all year round in our three oceans. The air force hasn't really increased its capability in terms of the long-range maritime patrol aircraft. We still don't have drones that have been considered. Radarsat-2 is not operational yet. Radarsat-1 doesn't have the resolution to be able to monitor activity in the north.

If you look north of 60 degrees and you count the number of federal officials—armed forces, the RCMP—tasked with federal issues, the total number will be less than 300 people to cover an area the size of continental Europe. It's a huge area to cover. The number of ranger patrols that we have in the contested area is only 12, and these rangers are now spending less time on the land than when I was there, principally because, from an economic point of view, the north has started to be developed, and many people are employed in mining operations—diamond mines, diamond exploration, and exploration for other goods. All this is to say that the situation has not improved.

Radarsat-2 is going to finally provide Canada with the capability to do monitoring of a very large space, very cost-effectively. Then, once we do spot that there is something untoward taking place in the north, such as one of these rust-buckets from Asia trying to transit through the Northwest Passage, we can take action to prevent that ship from going through. But in the first instance, we need to know what's going on, and right now we don't.

4:20 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much, Mr. Leblanc.

We will now go to Mr. Dewar.

4:20 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Thank you, Mr. Chairman.

Thank you to our guests, both here and in B.C.

I just want to state for the record on the issue of whether or not we should have privatized MDA, we were clear. In fact, my colleague Ms. McDonough, at the time, tried to convince the government not to privatize and actually wanted to bring in stronger provisions to protect our technology. I'm not sure she had support from anyone around the table, but I'll leave that to others to view.

Just while we're naming names, my friend Mr. Goldring mentioned some people who are involved and didn't protect the public purse and suggested that there were some other interests. I also note that Mr. Emerson was a member of the board of MDA, so there are, I guess, lots of names to throw around.

On the issue of what policy options we have in front of us, I think there was sufficient confusion for Canadians as to what policy option the government should invoke. Mr. Prentice decided to use the Investment Canada Act, and again, for the record, we support his decision. We hope he sticks with it.

Mr. Byers, I have a question to you, and you mention this in your presentation, how to fortify the Investment Canada Act. What I get from you is to integrate the two paths we have in front of us for this particular sale of MDA—that was the Investment Canada Act and the Remote Sensing Space Systems Act. Is that what you're getting at? How do we ensure that we're not going to have this dilemma in front of us again? Surely, if we don't do anything now, in the future we'll have this dilemma in front of us.

4:20 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you, Mr. Dewar.

Mr. Byers.

4:20 p.m.

Prof. Michael Byers

I think Mr. Prentice has to stick by his decision. In fact, any uncertainty he's created in the market would only be exacerbated if he flipped back and allowed the sale to proceed.

What he has done is that he has made the right decision, but he's done so with an act that is not a 21st century investment act. Other developed countries this century have all had explicit national security exceptions built into their legislation. Mr. Prentice realized so this last fall, and set in process a set of deliberations that will eventually lead to an amendment to the act; but before those procedures could conclude, he found that he had to step in and read into the existing legislation an implicit national security test.

My point here is that the saga of MacDonald Dettwiler only underlines and emphasizes the imperative that we modernize our legislation, that we put in an explicit national security test so that in the future, if absolutely necessary, we can step in to block a sale without causing the kind of market uncertainty and political risk that we've seen created in the last couple of weeks. That's all.

If we do that, we should of course think about criteria we could then include in the act to guide the minister, and perhaps actually put in an independent body that could make recommendations to the minister with regard to any decision he has to make.

We used to have something called the Foreign Investment Review Agency. I know that name is problematic for some people today, but I would remind the members of this committee that FIRA approved 90% of the proposed sales that came before it, and it was criticized from both the nationalist left for not intervening enough, and by the business community on the other side for intervening perhaps a little bit too much. We don't necessarily need to replicate FIRA. We can learn from that experience and the criticisms it was subject to. But we do need something like that, particularly in the 21st century in our post-9/11 world, where national security occupies the much more prominent place it does today.

4:25 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Leblanc, I have a question. You mentioned the high frequency wave radar system process. Can you elaborate a little bit on that? Is that still something that is necessary and that we should be investing in as a component of the whole rubric of Arctic sovereignty? And could you just tell us what should be done, if this is indeed something that needs to be put in place?

4:25 p.m.

Col Pierre Leblanc

This technology or project, as I understand it, was stopped because the frequencies being used by the high-frequency surface wave radar were interfering with some frequencies used in the maritime world. So there was a conflict and it could not be resolved.

Technically, this radar was bouncing radar waves from the station about 200 miles all the way out, which is what regular radar cannot do, because past 30 miles the radar shoots out into space because of the curvature of the earth. This system would bounce radar waves back and forth and be able to monitor up to 200 miles.

In military systems, you prefer to have a number of assets covering the same area, so that if one of them goes down you have something to fall back on. If we have a solar flare, it could possibly disable Radarsat-2, and all of a sudden all that we would have is space junk up there, and we would not be capable of fixing it. It would take years, if not a decade, to get the next satellite up there. What will we have in the interim? Right now it's very little.

So that capability would have been great to monitor the access or entry points into the Arctic Archipelago, with the results superimposed on information provided by the rangers, the coast guard, and Radarsat-2, providing a good intelligence picture of what's going on in our backyard.

4:25 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

But certainly we'd need more than 12 rangers to be able to do that successfully.

4:25 p.m.

Col Pierre Leblanc

Indeed, our capability in the north is very, very poor right now.

4:25 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Thank you.

Do I have more time?

4:25 p.m.

Conservative

The Chair Conservative Kevin Sorenson

You have 15 seconds.

4:25 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

I'll just be very quick.

To my friends from the Rideau Institute who joined us today, you are saying that we should be doubling our space budget. But before we do that, I guess you would want a space policy. Is that correct?

To my understanding, to date we don't have what we would call a space policy in this country.

4:25 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Just very quickly, as we're out of time.

4:25 p.m.

Chair, Rideau Institute on International Affairs

Steven Staples

I wouldn't wait until we had a complete space policy before we get those investments going. I think there are a number of projects already on the books that are waiting for the release of funds that I would include in that. But certainly they could happen at the same time to ensure that we're getting maximum benefit.

4:25 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

I don't know if we need to sum up anything here. I think the Minister of Industry made the decision based on the net benefit test.

Maybe I can look this up, but would he still have had the capability of doing that if the government hadn't put all the hundreds of millions of dollars into it? If this had been a private company that had developed this technology on its own, and had leased or sold the information to Canada, would that have been a different process, then, with the Minister of Foreign Affairs? Or is it that Canada had such a significant investment in this?

Mr. Byers, quickly.

4:25 p.m.

Prof. Michael Byers

I think the answer to that is that there are some public goods that private industry will not provide on its own. That is why Radarsat-2 was built through this public-private partnership. One could conceive of other things being subject to the net benefit test and not passing that test even if there was no government involvement, but that simply is not the issue and is not really conceivable with respect to a remote sensing satellite of this kind.

4:25 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

Thank you to our guests. We appreciate your being here. We have a second hour with new guests. I will suspend this meeting for a few moments to allow our guests to take their exist and the new ones to make their entrance.

4:30 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Welcome, ladies and gentlemen.

We're in the second hour of the Standing Committee on Foreign Affairs and International Development, Tuesday, April 15, 2008.

In our first hour we heard from an interesting panel in regard to the proposed sale of Radarsat-2. In our second hour we will be hearing, on the same topic, from Tom Last, who is the president of ImStrat Corporation. We also have James Fergusson, director of the Centre for Defence and Security Studies at the University of Manitoba.

I'm not sure if both of you have appeared before our committee before. Certainly Mr. Fergusson has. We welcome you back. We look forward to your comments. You had the opportunity to sit in during the first hour and you've heard some of the questions that were asked and the comments made by the guests. We look forward to your statement.

Perhaps we'll begin with Mr. Fergusson. Welcome.

April 15th, 2008 / 4:30 p.m.

Dr. James Fergusson Director, Centre for Defence and Security Studies, University of Manitoba

Thank you.

It's a pleasure to be here, Mr. Chairman, and it is a pleasure to be able to speak in front of this committee and take, having listened to the last group, somewhat of an alternative perspective on the issue of this Radarsat-2 question and also on the general issue of the sale of what I call the space systems division of MDA to ATK.

In my view, there are three interrelated but separate elements involved in this issue. One is the question of ownership of Radarsat-2 and in effect of Radarsat-1 as well. Second, there is the question of the space systems division's technology production capacity or capability, which ATK seeks to purchase. Third, of course, is the larger issue of a national space policy and strategy.

Beyond the specifics of the sale itself, the common denominator is the United States: U.S. ownership of a Canadian capability, U.S. ownership of Canadian technology and production capacity, and the U.S. place in Canada's national space policy and strategy, if one can say there is one.

Unfortunately, too often in such debates the U.S. is used in a sense as a whipping boy, a characteristic of any debate in Canada in which emotional nationalistic sentiments come into play. As a result, in my view assertions are made that are somewhat misleading, to say the least.

First of all, there's an implicit assumption, particularly if you read the press, that the U.S. government is behind the sale, seeking to acquire capability and technology to the detriment of Canada: the U.S. government will use the sale to block Canadian access to its own technology and in so doing undermine Canadian security and sovereignty, especially with regard to the Arctic.

In reality, however, this is a business decision being made on business grounds by both parties. That ATK is interested in acquiring cutting-edge technology and an integrated production and engineering capacity is not surprising, but I do not see how this acquisition would necessarily block the ability of the Canadian government or the Canadian Space Agency to work in a public partnership in the future with ATK in Canada and procure, for example, the next generation of radar satellite technology.

In terms of the ability of the United States government to prevent such a possibility, U.S. concerns about technology, as embodied in the ITARs, and its own export controls issues--which confront U.S. industry as well--will affect the space systems division whether it is owned by a Canadian firm or an American firm. The reality is that the Canadian and U.S. technology industry is highly integrated. It has been that way for over 40 years now. Radarsat-2, for example, employs several critical pieces of U.S. technology, and this fact played a role in the launch dispute several years ago that led to Canadian legislation on remote sensing, or shutter control.

With regard to shutter control, two points stand out. First, MDA--and thus ATK, if the purchase were to go through--operates Radarsat-2 out of the CSA facility in Saint-Hubert, Quebec. It is on Canadian soil and subject to Canadian law, regardless of whether a Canadian or an American firm owns the operation.

Whether the contract explicitly prevents the company from moving its flight operations elsewhere I do not know, but even if the company were to move its operations to the United States, the question would become whether U.S. legislation is much different from Canadian. I doubt this is the case, given the Radarsat-2 dispute and the fact that any crafting of legislation in Canada on remote sensing no doubt looked at other people's legislation to try to create some basis of harmony, particularly given the integrated nature of the Canada-U.S. relationship.

With regard to priority access for tasking Radarsat-2, I am not privy directly to the details of the contract, but I would suspect, and it is generally the norm, that such contracts contain a priority for national security and emergency tasks. These would not change, regardless of ownership.

In addition, I'm not sure that the contract portion governing the experimental national defence ground moving target indicator on Radarsat-2 provides security insurances for Canada, but I'm confident those would have been negotiated in the original contract.

As far as the idea of the U.S. blocking Canadian access goes, under what circumstances and for what reasons would the U.S. government undertake this step, if it were legally able to do so in Canada? Canada and the United States are close allies and cooperate across a range of defence and security functions, including intelligence sharing. The implicit circumstance, it seems, is the issue of Canadian sovereignty in the Arctic, but this emotional issue is misunderstood.

For example, the U.S. does not dispute Canada's ownership of the Arctic Islands, agrees to disagree with Canada on the status of the Northwest Passage, and has a legitimate disagreement with Canada--as we do with them--on the drawing of the ocean boundary in the Beaufort Sea. In my view, Radarsat-2 technology is really not of much value there, but if the U.S. did want to dispute Canadian sovereignty up north, it certainly would want to be seen to be doing it, rather than hiding it. That's how you dispute a sovereignty claim.

In terms of activities the U.S. might wish to keep out of Canadian view, the only reasonable one I can think of, which is an old one dating back to the Cold War, is U.S. submarine activity. This takes place under ice and water, and as far as I know, Radarsat-2 cannot look underneath ice and water, so I'm not sure what value it would have that would lead the United States to block its use. It is also relatively easy for submarines to avoid detection, simply because Canada does not possess a 24-hour, seven-days-a-week surveillance capability. Besides, the United States has cooperated and worked with Canada on elements of Project Polar Epsilon, and I'm confident that such open cooperation will continue, regardless of who owns Radarsat-2.

As far as the Arctic goes, Canada and the U.S. share a range of common interests supporting greater cooperation rather than conflict, and a future Canadian-funded Radarsat-2 constellation or an American-funded one will be beneficial to both parties, regardless of who owns it.

Finally--and I noted this was mentioned at the end of the last session--there is the question of ATK's motives, of Radarsat acquisition versus the technology for future market opportunities. If the Canadian government and this committee are so concerned about Radarsat ownership--and this would also include the question of operating Project Sapphire, the national defence satellite due to go up shortly--then perhaps the answer for the government is to simply purchase the capability from MDA.

There is an argument, and I would support an argument, that Canada should own and operate a national space capability. This may be one of the reasons behind the decision. However, as far as technology and production capacity go, one must ask why this capability is of such a significance as to undo decades of Canadian policy in this regard, why there is such national security importance relative to other industries in a long-standing close relationship with the United States, and what the government plans to do to invest to keep this critical capability functioning. These questions have not been answered, but in the end I am not sure why the question of U.S. or Canadian ownership is really essential to the answers.

In the end, this is not to suggest that the government's decision to block the sale is necessarily wrong. This can only be evaluated once the government releases a comprehensive and much-needed national space policy and strategy that places the current decision--assuming there's no change--in a specific policy and strategy context.

Thank you.

4:40 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much, Mr. Fergusson.

Please go ahead, Mr. Last.

4:40 p.m.

Tom Last President, ImStrat Corporation

Thanks very much.

I won't take too much of your time.

First of all, thank you very much for inviting me here. It was at the very last minute, so I have only a few notes here in front of me and I don't have very comprehensive notes to go through.

Nonetheless, I would like to put my points across to you from my perspective, my perspective being not only a commercial point of view but more specifically the point of view of a commercial company that provides geospatial intelligence support operations to the federal government and also to international clients, minus the United States.

It is my position that Radarsat-2 should not only be operated by the Government of Canada--it is presently under contract from MDA to operate--but should also be owned by the Government of Canada. Radarsat-2 is an integral part of the government's national surveillance system, not only for the east and west coasts, but also for the Arctic areas in terms of Polar Epsilon and its follow-on, which the navy will be responsible for on the east and west coasts and also here at national defence headquarters.

In my view, having a national security asset owned by a private company is bad enough, but having that national security asset turned over to a foreign company that comes under a completely different set of rules under a foreign government is to me pretty outrageous. Canada is the the only country I deal with that has assets that we lease or rent from our own companies; my other clients around the world, in the Middle East and Europe, go out and actually buy their own satellites. Ownership is nine-tenths of the law. That's the bottom line.

It is first and foremost a national government's primary responsibility to ensure the defence and security of its citizens, its national territory, its airspace, and its sovereign waters. Radarsat-2 is a critical component for the Government of Canada to deliver on this, a component in a series of sensors and capabilities for surveillance, intelligence, and reconnaissance, but also, hopefully, in the near future, for force projection if it's necessary.

If Radarsat-2 remains under the control of a Canadian company--or even better, of the Government of Canada--then Canada's laws and Bill C-25 will applyto the Canadian company and to any client wishing to obtain and use Radarsat-2 data, including me. If, however, ownership of Radarsat-2 is passed over to a foreign company, then Canada's laws simply won't apply.

We're talking about the use of Radarsat-2 and its ownership today, but what about in five years? What about in ten years? When we as companies look at strategic planning, we're not talking about today. I can assure you that, yes, I can provide that contract support for you--not a problem--but at the end of the day, I'm actually looking ten years in advance. Do I need that IP, that intellectual property, in order to advance my needs for companies or clientele down in the United States? Sure--so, yes, I can appease you; that's not a problem.

In terms of operational control, at present my understanding is that Radarsat-2 is operationally controlled by the Canadian Space Agency under contract from MDA. How ironic. In turn, MDA has the sales and distribution rights worldwide. Even though this may seem like a good arrangement at this time, if the sale of Radarsat-2 is approved, then I might suggest all bets are off once the present MDA-CSA agreement is finished.

One of the questions that needs to be asked is what the intention of ATK is once these arrangements expire with the Government of Canada. It must always be remembered that companies think long term. Strategic planning over one, three, five, or even ten years, as I said, is key to their continuous survival and, most importantly, growth. A company's assurance today can be completely legitimate and very truthful. That's not a problem; not one of us wants to go to jail. However, what really matter, both for the company and for other stakeholders such as the Government of Canada, are the future intentions of the system down the road. That's not just the system that is presently going to be operated for the next seven years along with Radarsat-1 and other sensors, but the other sensors; what's happening with the intellectual property?

Finally, I would like to point out that I'm a businessman who owns and operates a company in the same field as MDA, albeit a little bit smaller, and I can respect MDA's desire to sell parts of its company that it feels cannot reach their full market potential unless sold to a U.S. company. Yes, they do have some legitimate claim in saying that to get into the U.S. market, they must be an American company. I'll emphasize right now that it's not necessarily being an American company; they must be U.S. citizens in order to gain the clearances necessary to gain the contracts. Again, at the end of the day, where is this leading? Is it the IP or is it the people they're after?

MDA makes claim that they are a people-based company--no question about it. But are those people willing to lose their Canadian citizenship and gain American citizenship in order to continue on with the contracts at a very highly classified, first-tier-level clearance, or are they after the intellectual property?

All I can say is not everything in Canada can be for sale. Yes, I'm a capitalist to the extreme, trust me on that. However, at the end of the day, when it comes to national security, that has to be first and foremost in our minds. I'm very happy that today, finally, after so many years, the Government of Canada and all the other members, in terms of the other parties, are in compliance that Canada must come first in terms of its national security. I've seen it too many times in the past that companies have provided or created some of the best technology in the world, and it ends up not just in the United States, but it ends up in China and it ends up in South Africa and it ends up in Europe. Why? They're looking for buyers and they're looking for money, and at the end of the day, well, that's what people are looking for.

Thank you very much.

4:45 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you, Mr. Last.

We will move into the first round of questioning.

Mr. Rae.

4:45 p.m.

Liberal

Bob Rae Liberal Toronto Centre, ON

Thank you, gentlemen.

I'd just say that I'm a little more interested in the future than I am in the past. It seems to me that the minister's decision has been made. We can go over it as much as we like, but it doesn't make a whole lot of sense to me to spend a lot of time doing that.

When we look at the future, I'm trying to find a common thread between both of you, and I think what I'm hearing you say—I don't want to put words into either of your mouths—is that you could see a structure where the Government of Canada would buy Radarsat from MDA, both Radarsat-1 and Radarsat-2 presumably, and then what? I guess what I'm asking is what is your view about what the relationship should be between the public sector and the private sector going forward? That's the first question. And the second question would be how do we deal with this problem that led to the sale, which is the company's concern that in order to maximize its capacity to take the technology and have it more widely used, it needed to get into a much bigger market than only Canada can provide?

I'm asking the question quite sincerely, because I don't have a magic solution in my head, except to say that the Canadian market is very tiny. If we simply look at it as a national asset and say we're going to nationalize the whole thing, which is, I'm sure, music to some people's ears, there is a considerable question of two kinds. First, what is the cost on an ongoing basis of that kind of nationalization? Second, what is the ability of a nationalized company to actually function in the most efficient and aggressive fashion? That is another question that is subject to some considerable debate about the historical experience.

I'd ask you to reflect on that question and try to look at in as constructive a way as possible, and frankly not really concentrate on what's happened, because I think what's happened has happened. And whether we are critical of the decision of the government or whether we're in favour of the decision, it seems to me that there are enough flags wrapped around this decision that it's not going to come unravelled.

That's just my political judgment at the moment, so we should be focusing on where we go in the future.

4:45 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you, Mr. Rae.

Mr. Fergusson.

4:45 p.m.

Director, Centre for Defence and Security Studies, University of Manitoba

Dr. James Fergusson

You've raised numerous important questions. I don't disagree with your view that this isn't going to be undone, although I remain a little puzzled as to the extent to which what particular issue the government answered upon. What drove the decision? Was it the ownership of Radarsat technology, Radarsat itself, and Radarsat-1, or was it the question of the technology and the production capacity--or both?