Bill S-7 (Historical)

Combating Terrorism Act

An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act

This enactment replaces sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing for the purpose of gathering information for an investigation of a terrorism offence and to allow for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. In addition, the enactment provides for those sections to cease to have effect or for the possible extension of their operation. The enactment also provides that the Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness include in their respective annual reports their opinion on whether those sections should be extended. It also amends the Criminal Code to create offences of leaving or attempting to leave Canada to commit certain terrorism offences.
The enactment also amends the Canada Evidence Act to allow the Federal Court to order that applications to it with respect to the disclosure of sensitive or potentially injurious information be made public and to allow it to order that hearings related to those applications be heard in private. In addition, the enactment provides for the annual reporting on the operation of the provisions of that Act that relate to the issuance of certificates and fiats.
The enactment also amends the Security of Information Act to increase, in certain cases, the maximum penalty for harbouring a person who committed an offence under that Act.
Lastly, it makes technical amendments in response to a parliamentary review of these Acts.

Combating Terrorism Act

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I am very disappointed with the Liberals for joining hands with the Conservatives on this issue.

The Liberals have, over decades, talked about how they protect human rights and how they protect civil liberties. I have heard this from former Reform Party members who are part of the Conservative coalition. They talk about individual rights outside of the House, yet when they come into the House, individual rights are not being protected by the government. In addition to that, we have the Liberals joining in a coalition with the Conservatives, not only on this issue, but on many other issues that are being discussed in the House.

I stand with my colleagues. I think there is a fine balance, where we have to protect the security of our country and balance that with fundamental civil liberties and human rights.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I would like to go back to the question that was asked by a previous member and the point that was made about the implications of what happened to Mr. Arar.

I would like to ask my hon. colleague about the potential implications of what did not happen in Toronto. Law enforcement has to be right 100% of the time. Terrorists only have to be right once. We saw that in Afghanistan with IEDs and other things that went on over there. We have seen it around the world with terrorism.

Why do we not talk a little bit about what did not happen in Toronto and how important it is to not let those things happen in the future?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is very disappointing. In my last answer to my colleague, I pointed out that what they say in the House is one thing and what they say outside of the House is another thing.

We are proposing that we need to make sure that our agencies, CSIS, RCMP and CBSA, have more co-operation among them to stop these terrorist attacks and catch these people before they commit these hideous crimes.

However, the Conservatives will say one thing here. They are cutting $680 million from the public safety budget up until 2015. We believe we need to invest. The NDP, my colleagues, believe we need to invest in our people and resources to make sure that the resources and the tools are there so we can prevent these acts from happening.

I am thankful to the RCMP and the other agencies that are involved with making sure we caught those two individuals in the Toronto area.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am proud to join my New Democratic colleagues in debating Bill S-7 today. Like them, I oppose this bill.

I would like to begin by denouncing how this debate is playing out. Very few members are participating in the conversation here in the House, and most of those participating are NDP members. We are well aware of how our remarks will be portrayed outside the House to Canadians.

Today's debate is important, but unfortunately, it is being polarized. The Conservatives will exploit that polarization to portray New Democrats as people who do not care about the safety of Canadians and oppose measures to keep them safe. I want to emphasize that that is not the case at all. Here in the House, many of my colleagues have pointed out that public safety and the protection of our borders and our people are extremely important to the NDP. However, we also want to put into perspective the issue of basic rights and freedoms for law-abiding citizens who act in accordance with core Canadian values. It is very important to make that clear from the outset. I will be very disappointed if my Conservative colleagues ask questions that cast aspersions on our commitment to ensuring public safety and protecting people.

We all know the history behind Bill S-7. It was introduced in the Senate in February 2012 and has been with us in the House since December, but the Conservatives have not done anything about it. They could have introduced the bill in the House long ago if this issue really mattered to them. Instead, they have adopted a partisan approach in reaction to the threat of terrorism and the tragic events in Boston.

We can all agree on one thing. We hope that such events will never come to pass here in Canada or elsewhere. What happened in Boston was heartbreaking and deeply upsetting to us all. The NDP cast aside partisanship and joined the other parties in the House in condemning these attacks and offering condolences and support to everyone who was affected. That characterizes our approach to this debate.

We are concerned about the issues raised by the attack in Boston and other terrorist attacks around the world and those that have been foiled. We certainly need to have some serious discussions about this in the House, but we must not allow ourselves to be swept up in partisan ideology or to succumb to panic and forget the fundamental rights and freedoms that each of our constituents enjoys.

Bill S-7 is a recent measure in a series of anti-terrorism measures that have been introduced in the House since 2001. There again, laws were passed at the time in reaction to an event that was traumatic for people throughout the United States, Canada and the world. An attempt was made to introduce a timely legislative response to issues arising from the September 2001 attacks.

The purpose of the bills introduced at the time was to update Canadian laws so that they met international standards, particularly those of the United Nations Security Council. However, during debate, members at the time realized that the legislation introduced contained some very controversial provisions. At that time, a sunset clause was included for certain provisions of the bills that were introduced.

Over the years leading up to 2007, it became clear that these controversial legislative provisions were unnecessary because they were used only once and, unfortunately, did not produce the desired results. We therefore realized that we did not need many of these provisions, which expired in 2007. What is more, those that are still useful and that directly assist our police forces are still in force today.

For those reasons, the NDP opposes Bill S-7. The government is attempting to reintroduce anti-terrorism measures that are extremely controversial and fly in the face of civil liberties and human rights. These measures, quite frankly, have proven useless and ineffective in the past. I cannot imagine that it would be any different now. A terrorist plot was uncovered this week, on Monday, which proves how effective the current legislation is. Everyone has heard about it. Our law enforcement agencies were extraordinarily effective and managed to intercept two individuals who were going to attack people using VIA Rail.

It would have been terrible if a tragic event like that had happened, and we would have had to change our legislation. However, after a year-long investigation that required co-operation between various Canadian and American organizations, RCMP officers were able to intercept individuals who were planning a terrorist attack before we had to endure any loss of human life. That proves that the laws in place are effective and already give our police officers and border agents all the resources they need to be effective and protect the safety of Canadians. They did not need any additional measures. They did not even use the measures already in place, which shows that the measures that were passed in a panic in the wake of the 2001 attacks were useless.

The main issues the NDP has with Bill S-7 are related to the provisions that would amend the Criminal Code to authorize investigative hearings and recognizance with conditions in cases of preventive arrest where the individual refuses to accept the conditions or does not comply with them.

In terms of investigative hearings, people can be called at any point in time and forced to disclose all the information they have on various things, even though the information can ultimately incriminate them. Generally speaking, whatever is said in those hearings cannot be used against those who disclose the information. The fact remains that some points are not clear. Among others, could that information be used to initiate deportation or even extradition proceedings against the people who disclose the information?

That is a fairly serious problem with the legislation and we are still dealing with grey areas. We have received no explanation. The amendments that the NDP tried to present in committee to solve the problem were simply rejected out of hand, like most NDP amendments presented in every committee that I have been able to attend. This is nothing new, but this bad habit of the Conservatives and their partisan dogmas have prevented them from protecting the rights and freedoms of Canadians. That is a major problem.

The same goes for recognizance with conditions. If certain individuals are suspected of being associated with terrorists, they can be subject to various conditions for moving around Canada. If they do not comply, they can be sent to prison for up to 12 months, without evidence, on the basis of suspicions. That is a major problem.

The Liberals are saying that they will support the bill because they hope that the Conservatives will be flexible in committee. I appreciate their optimism, but that is not what experience has shown us. Unfortunately, the outcome of the committee work will be a new bill that will undermine the rights and civil liberties of Canadians.

That is why the NDP is proudly opposed to this bill. It is not that we want to encourage terrorists or that we do not want to put them behind bars or to prevent them from taking human lives. It is because we are highly aware of the freedoms granted to Canadians and we want to do everything we can to preserve those freedoms.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, this question is quite simple.

This bill resurfaced under somewhat bizarre circumstances. The opposition was given a day during which it was supposed to talk about a topic that could be embarrassing for the government: parliamentarians' right to speak. Some Conservative parliamentarians want to talk about the right to abortion, but the Prime Minister does not want them to. It seems he wants to be re-elected.

This bill resurfaced at a critical moment when Canadians realized that, in fact, terrorism is dangerous. There was an attack in Boston and the threat of an attack in Canada.

Was this bill introduced to protect Canadians or just to amplify the Conservatives' political role as the self-professed saviours of Canada?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, that is an excellent question.

Unfortunately, this government has too often exploited tragic situations that make the news. The Boston attack is a perfect example of that. Canadians panicked in response, and rightly so, because what happened was frightening. We have reason to fear for our safety. The same thing happened on Monday. The RCMP's success reminds us that there are always issues affecting the public safety of Canadians.

The Conservatives are trying to distract us. They call for more freedoms, but they have introduced a bill that would deprive many individuals of their freedoms. That is definitely ironic.

The government is also trying to win political support from Canadians who were affected by the Boston attack. Reacting with shock to these events is completely normal. What is not normal is the Conservatives' reaction. They rushed to bring forward a bill that had already been before the House for a very long time. The government is rushing it through at the risk of violating the rights and freedoms of our fellow citizens. That is deplorable.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, I would like to present some figures.

Budget 2012 announced cuts to public safety of $687.9 million by 2015, which is a considerable amount. Budget 2013 makes still more cuts.

Budget 2013 did not renew the police officers recruitment fund in spite of the fact that the provinces were asking for continued assistance from the federal government for front-line police officers. The Conservatives have cut services that affect national security and now they are introducing legislation.

Is there not a contradiction here? Does the government really want to protect Canadians by cutting law enforcement services?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague for that excellent question.

I got a bit carried away in my musings earlier, and I did not have time to address the very important topic of how the Conservatives regularly demonstrate a lack of consistency in the House and in the various bills that they introduce.

On one hand, the Conservatives want to restrict Canadians' freedom, but on the other, they are going to cut the resources of those who have the specific duty to arrest terrorists or people who commit crimes in Canada and try to endanger the lives of Canadians.

We all need to speak out in the House against this lack of consistency because what it really does is tie the hands of our police officers, customs officials and all levels of our law enforcement. That is very important to note.

We must speak out in the House against the Conservatives' lack of support and consistency. I am pleased that so many of my NDP colleagues are doing so during this debate. This is something that seems to have been forgotten by those who are choosing to support this bill.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I have the honour to rise in the House to discuss Bill S-7, and I do so with enthusiasm.

The NDP opposes this bill at third reading. We believe it is an ineffective way to combat terrorism. It also needlessly and inappropriately infringes on all our civil liberties.

The constituency I represent is situated near the United States and borders on Vermont and other states. I am particularly concerned by the lack of security that this government is championing. I entirely support the members for Marc-Aurèle-Fortin and Portneuf—Jacques-Cartier. In their view, the government is deluding itself in posing as champions when they make cuts left, right and centre to the national security budget. Those cuts will amount to $687.9 million by 2015.

The Canada Border Services Agency has suffered $143 million in cuts, which will affect 325 direct jobs at Canada's border crossings. CBSA’s intelligence service has been hit hard, losing 100 positions and 19 sniffer dog units as a result of the budget cuts. The Canadian Security Intelligence Service has also had $24.5 million in cuts, and the RCMP has been subjected to reductions of $195.2 million.

Budget 2013 only exacerbates this state of affairs since there will be a 29.8% reduction in spending between 2012 and 2013 and into 2014.

Budget 2013 therefore does nothing to offset the Conservative government's inability to protect Canadians adequately. It also has not renewed the joint emergency preparedness program. The budget does not renew the police officers recruitment fund despite repeated requests from the provinces, which want front-line police officers, those capable of preventing terrorism and arresting terrorists, to receive ongoing assistance from the federal government.

There has also been a $20.3 million cut in crime-fighting, which represents a $2.4 million reduction in national security spending.

The department itself has stated that the infrastructure of the Government Operations Centre could be incapable of supporting coordinated intervention if a major event occurred. I will stop listing the cuts made by the government because there are too many and I do not know how to continue.

For all these reasons, we believe that Bill S-7 violates civil liberties and human rights, particularly the right to remain silent and the right not to be imprisoned without first receiving a fair trial. In the spirit of those rights, the weight of the state should never be used against individuals to force them to testify against themselves.

We also believe that the Criminal Code contains the necessary provisions to investigate people who engage in criminal activities and to detain anyone who may present an immediate threat to Canadians. The fact that those provisions were never used between 2001 and 2007 is proof of that.

Our opposition is based on the belief that these measures are ineffective and pointless. We believe that our position is based on values dear to Canadians. There is a lack of balance here between security, which is absolutely necessary, and fundamental rights. More protection is provided by the 2001 version.

In meetings of the Standing Committee on Public Safety and National Security, we tried to improve the bill by proposing 18 amendments—not one, not two or three, but 18 amendments. The Liberals and the Conservatives did not propose any.

The bill would impose a prison sentence of up to 12 months as well as strict release conditions on people who have not been charged with any criminal offence.

We, however, believe in the fundamental values of our justice system. The fact that these provisions were invoked only once, and without success, proves that the police have the tools they need to combat terrorism with existing procedures, without any risk to our civil liberties. The provisions of this bill could be invoked to target certain individuals, for instance, people taking part in demonstrations or acts of dissent that have nothing to do with any reasonable definition of terrorism.

We proposed a number of amendments. Here are some examples of the amendments we brought forward that were dismissed out of hand, because it was decided that they were outside the scope of the bill, because they would require a royal recommendation or for no reason whatsoever.

We wanted SIRC to look at the possibility of an inter-agency co-operation protocol to ensure that rights protected by law would be effectively respected. We wanted that protocol to be put in place before the leaving the country offences could come into effect.

We also proposed an amendment to ensure that testimony gathered from investigative hearings could not be used against an individual in extradition and deportation proceedings, not just in criminal proceedings. Once again, the government said that this did not fall within the scope of the bill.

We then proposed an amendment to establish the right to state-funded legal aid if a person had to attend an investigative hearing. We were told this would require a financial amendment from the House committee.

Lastly, we proposed an amendment to ensure that the annual reports included detailed information on any changes to the legislation, policies and practices related to exit information or exit control. This was also deemed to be beyond the scope of the bill. All our amendments were systematically rejected.

I want to inform the House that many witnesses appeared before the committee and wholeheartedly supported our position. Carmen Cheung, a lawyer for the British Columbia Civil Liberties Association, said:

...we urge the committee to refrain from further expanding the powers of our national security agencies until appropriate and effective accountability and review mechanisms have been established. We believe that strong and robust oversight mechanisms are important not only for protecting human rights and civil liberties; they are crucial for ensuring that our national security policies and practices are effective.

In conclusion, the New Democratic Party believes that we must look seriously at the issue of terrorism, but not at the expense of rights and freedoms. Bill S-7 is a threat to the rule of law and human rights, notwithstanding the additional protections in the 2001 legislation, which have gradually been eliminated.

Once again, all of the amendments to strengthen the rule of law and human rights were rejected by the Conservatives. They do not care at all. For all these reasons, we will oppose this bill at third reading.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, like all Canadians and members of the House, regardless of their politics, we have such anger and frustration when we hear of, for example, the VIA Rail plot. Whether it is true or it is not, people would harm innocent people. We want the full weight of the law to be brought against people who would create the kind of chaos that was created in Boston. What we are seeing with Bill S-7 is what the Conservative government called a wide sweep of measures and this is what Canadians need to understand: terrorism is a fundamental assault on the rights of a democratic society, but we do not counter terrorism by engaging in an assault on the basic rights of the rule of law.

New Democrats brought forward numerous amendments to attempt to clarify the provisions. Unfortunately, the Liberals brought zero amendments. I would like to ask my hon. colleague why he thinks it is that the Liberals did not even bother to try to fix the bill, to try and work with us to ensure that basic civil liberties are not undermined in the pursuit of terrorists.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I appreciate that question, which reminds me of a proverb: You should not bite off more than you can chew.

That is the case here. The government says it wants a wide sweep of measures, but it is forgetting about the charter and it is forgetting that there are rights and there are regular citizens. We do not have 38 million terrorists in Canada.

My colleague asked a good question about the Liberals. As usual, I get the feeling that the Liberals signal left, but end up turning right. That is what they have done again here, in terms of respecting rights. That is disappointing, considering that they claim to be the party of the Charter of Rights and Freedoms.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, I can explain the Liberals' behaviour. It is becoming increasingly clear that there is no difference between them and the Conservatives. The Conservatives are doing all of this so that it looks like they are doing something, and the Liberals are acting this way so that they look like they are on the same side as the ones who want to look like they are doing something. In the end, nothing really happens.

We are used to seeing this type of behaviour from the government. The Conservatives claim to want to give rights to aboriginal women, but they know full well that these women will not have the resources or means to exercise those rights because they live in isolated communities that are dealing with a housing crisis and a lack of resources.

We are in a whole other league, and we want to take real action. We are truly concerned about public safety, and we want more resources to really fight terrorism.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I thank my colleague for his welcome comments.

In fact, the only way to fight crime, and in particular terrorism, is to hire more police and more border services officers in order to strengthen security at airports and everywhere else. Simply saying things and making systematic cuts left, right and centre, as I said earlier, is not going to enhance public safety.

So it is still a question of image. Whether it is the Liberals or the Conservatives, it is all the same thing.

[Pierre Dionne Labelle, NDP, Rivière-du-Nord, QC]

Mr. Speaker, I would like to start by saying that we were all outraged and shocked by the events that happened in Boston, and we offer our heartfelt sympathy to the families.

In our democratic societies, we cannot tolerate the use of violence for political ends, whatever they may be, and we strongly condemn it.

After the attack on the World Trade Center on September 11, 2001, the American and Canadian governments panicked and decided to put a set of measures in place quickly to enhance the fight against terrorism. One of those measures was Bill C-36, the Anti-terrorism Act. Some clauses in that act were enacted temporarily—they were applied for an initial five-year period to see whether they were necessary and effective. Today we are seeing an attempt, in Bill S-7, to incorporate those clauses into the act on a permanent basis.

When I read the brief on Bill S-7 by Denis Barrette of the International Civil Liberties Monitoring Group, I was struck by his comments on preventive detention. That term brings back painful memories of the October crisis of 1970. In Quebec, we have experienced terrorism. I remember the military barracks that were blown up. I remember the death of a sergeant, the bomb at the Montreal Stock Exchange and bombs in mailboxes. The governments of the day decided to suspend civil liberties and, rightly or wrongly, to invoke the War Measures Act. I was young at the time. I was 14 years old and going to high school.

In my neighbourhood of bungalows, we watched as 40 soldiers, armed to the teeth, got out of their vehicles. They went around to the houses knocking on doors to talk to us about things we knew nothing about. They asked us whether we knew people connected with the Front de libération du Québec. They had composite drawings. At that time, we did not have the photographs and all the digital equipment we have today. The soldiers showed us composite drawings of bearded men with long hair who might have looked like our neighbours. They asked us whether we knew those people or had seen them. They went to the home of my neighbour, who had a beard and long hair, and they took him away. He looked like the person in the composite drawing. Did he have connections with the FLQ? No one knew. The people in my neighbourhood knew the guy because he worked in a café. Young people went there and I imagine they may have smoked some substances that were illegal at the time, but to our knowledge he was not a terrorist, and it turns out that in fact he was not one.

When the War Measures Act was declared, the authorities carried out 36,000 searches without warrant and arrested 457 people. They called that "preventive arrest". That is just what we find in the bill before us now. When a government panics, it makes preventive arrests. When I read in the notes that preventive arrests would be possible, I decided that we must maintain our current laws, because the police have enough laws at their disposal. Yesterday we saw the arrest of two suspected terrorists, Jaser and Esseghaier. There was no need to make preventive arrests, take people into police custody and interrogate them, wait for their responses and put them in prison if they did not live up to police expectations. We went through such a period of preventive arrests in Quebec and where did it get us?

How many of the 457 people who were “preventively” arrested were charged with belonging to a terrorist movement? One may well ask. The Keable commission investigated. There were some answers. There was the MacDonald commission, which was blocked by the Supreme Court of Canada, because provincial commissions are not entitled to investigate the activities of the RCMP.

Some day, perhaps, when all the documents have been made public, we will know all the facts about this dark period in Canadian history and Quebec history. For now, we know that the suppression of civil liberties during that time was unjustified and produced nothing. Many people still claim even today that when the War Measures Act was declared, the police already knew where the kidnappers of James Cross and Pierre Laporte were. That is our basis for holding on to the laws that make it impossible for someone to be arrested without knowing why, that ensure that anyone arrested has the right to remain silent and be represented by counsel, and that ensure that the force of the state should never be used to compel individuals to testify against themselves.

In conclusion, I will read from the statement made by Mr. Barrette when he appeared at the committee I mentioned earlier. I will read it completely, for the people watching us and for those who still believe it is necessary to maintain civil liberties despite increasing terrorism. In fact, terrorism sometimes makes us forget our fundamental principles that make us want to live in a free and democratic society. Terrorism has achieved its goal when it succeeds in limiting our civil liberties, because that is its goal.

The International Civil Liberties Monitoring Group and the Ligue des droits et libertés believe the provisions relating to investigative hearings and recognizance with conditions to be both dangerous and misleading.

Parliamentary debate of this matter ought to be based on a rational and informed review of the Anti-terrorism Act, a piece of legislation that was rushed through Parliament after the events of September 11, 2001 in a climate of fear and in response to considerable pressure from the United States.

Today, what is the real, objective need for these two provisions? From the time they were adopted in 2001 until they were terminated in 2007, the only time they were used was in connection with the Air India affair, which as we know, resulted in an unfortunate fiasco. In 2007 and now, police have been able to investigate and block terrorist plots without using the provisions being discussed. That is clear. It is possible to prevent terrorist attacks using the legal tools we already have. There is no need to further limit individual and collective rights.

Moreover, since 2001, 10 years ago, of all the investigations leading to charges or convictions, none has required the use of these extraordinary powers, including the case of the Toronto 18, a more recent case involving four people from the Toronto area, and even yesterday, the case involving the two people who planned to derail a VIA Rail train. We know that these provisions could be used in a way we consider abusive. I am thinking of the Air India case. We believe that Canadians will be better served and protected if the ordinary provisions of the Criminal Code are used, rather than these unnecessary provisions.

Reliance on arbitrary powers and a lower standard of evidence can never replace good, effective police work. That goes without saying.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the passion with which the member delivered his speech. I do not agree with what he says as he tries to revisit or possibly rewrite history. At the end of the day, we have to put things in the perspective of the time and acknowledge that in the minds of many Canadians in the 1970s, there was a huge concern. Generally speaking, Canadians were very supportive of what Pierre Elliott Trudeau did at the time. Hindsight is 20/20.

Having said that, today we are talking about Bill S-7. We have to reflect on what was said at committee stage. Terrorism today is significantly different from what it was 20 or 30 years ago. Experts of all different backgrounds, including law enforcement officers and so forth, are telling Ottawa that they need some legislative ability, something in their tool belts, to ensure that they are in a better position to protect Canadians from terrorism.

Why does the member feel so passionately that all of the law enforcement agencies and experts who made presentations at committee are wrong and that it is only the NDP that is right?