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

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

Mr. Speaker, those cuts are part of the government's law and order agenda.

The government is constantly accusing us of being on the side of pedophiles. However, everyone knows that many Canadians are involved in international pedophile networks. Some European countries monitor the movement of suspected pedophiles and carry out investigations in Cambodia, Thailand or Laos. They mobilize the resources needed to arrest those criminals and bring them to their countries of origin to be tried.

Here all we get is blah, blah, blah, and no resources. However, to stop terrorists, we need to apply the same principle and provide the resources necessary to identify where terrorists get their supplies and their logistical support from.

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

Mr. Speaker, I appreciated the comments by the member for Laurentides—Labelle.

I would like to know what he thinks about this. The fight against terrorism allows a number of things to happen. I am particularly thinking of the increased use of drones in the U.S. I hope that, one day, a motion condemning the use of drones by our allies will be tabled in the House, because I think that provides fertile ground for terrorism.

Last week, I read an article about a drone that gunned down a city in Pakistan and killed twelve small children.

Could the hon. member comment on that?

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

Mr. Speaker, using the inappropriate strategy or weapon in a battle is like trying to kill a fly in a greenhouse with a hammer.

If, through the use of a drone, we manage to locate a tank in which a terrorist is hiding, we can blow up that tank and the matter is settled. However, if we bomb a house in which 10 children are sleeping, that is a blunder which results in collateral losses. What the military calls collateral losses are in fact human lives, and those who are wrongfully imprisoned are victims.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I rise today to offer my objection to Bill S-7, but before I move forward, I want to express my condolences to the families and victims in Boston. I know that all MPs in this House, no matter what colour our ties or where we sit in the House, condemn this heinous attack.

Jumping to the bill at hand, this bill would amend the Criminal Code, the Canada Evidence Act, and the Security of Information Act with the express purpose of combatting terrorism. However, it is my belief, and the belief of numerous groups that appeared before the Standing Committee on Public Safety and National Security, that this bill offers nothing in the way of protection from terrorism and that the limits it places on civil liberties are simply unacceptable.

The main component of this bill is an amendment to the Criminal Code that authorizes investigative hearings and the imposition of recognizance with conditions. It also authorizes preventive detention in cases where a person declines to accept or fails to adhere to the conditions of the recognizance with conditions.

In non-legal jargon, what does this mean for Canadians? Essentially, the first part means that any peace officer, such as a police officer or an officer in the Canadian Forces, can ask a provincial judge to order anyone who might, and I emphasize “might”, have information concerning a terrorist act to appear before a judge.

If a provincial judge makes that order, a person must submit him or herself for an interrogation, must respond to all questions and is required to bring any possessions connected with the judge's orders.

These hearings can be about past or ongoing crimes or suspected future crimes. The bill states that the purpose of an investigative hearing is not to prosecute individuals but is to gain information. Because of this, responses given during an investigative hearing cannot be used against the individual in the context of future criminal proceedings, except in the case of prosecution for perjury or giving contradictory evidence at the hearing.

Other non-criminal legal proceedings, such as extradition or deportation proceedings, are not expressly covered by the bill, meaning that individuals could still find themselves negatively affected by their appearance.

The second part, regarding recognizance with conditions, essentially means that a peace officer can arrest an individual without a warrant if it is believed that such an arrest is necessary to avoid a terrorist attack. The individual who has been detained must then be brought before a judge within 24 hours of detention, or as soon as possible, to prove the necessity of detention. The peace agent must then ask a provincial judge to order that this individual appear before a judge to determine whether recognizance, which is a legal obligation for an individual to respect certain specific conditions, is necessary. While the limits of the conditions a judge can set are not detailed in the bill, it does explicitly state that one condition a judge may impose is to prohibit a person from owning a weapon, including firearms, crossbows or ammunition.

If people refuse to abide by the terms of the recognizance, they can be imprisoned for up to 12 months. This imprisonment, not being the result of a criminal conviction, is thus described as preventive detention. These conditions can therefore allow any Canadian to be imprisoned for up to 12 months without ever having been charged or convicted of any crime.

I hear many say, “This will never affect me. I am a law-abiding citizen. Only people who are carrying out terrorist activities will be covered by this bill”. Well, they would be wrong. For one thing, if there was sufficient evidence that these people were planning to carry out terrorist activities, they would be charged with a criminal offence.

Subsection 83.18(2) makes planning a terrorist activity a crime, whether or not the terrorist attack is actually carried out. Knowingly aiding a terrorist group to carry out an attack is also covered by the Criminal Code in subsection 83.18(1).

There cannot therefore be proof beyond reasonable doubt that an individual is aiding or planning terrorist activities or they would be charged under these clauses.

“Even so”, our contrarian adds, “there must be suspicion that they are involved in terrorism. It would never affect people like me.”

Well, that argument is short-sighted on two levels.

First, and more generally, let us remember the poem attributed to German pastor Martin Niemöller. There are many variations of the poem, but the final line is pretty much universal, “Then they came for me--and there was no one left to speak for me”. If we so easily give up the civil liberties of others, we cannot be surprised if later our own civil liberties begin to be eaten into.

Second, and more specific, the wording of the bill means that the erosion of our own civil liberties is near. During the clause-by-clause review of the bill at the public safety committee, it was discovered that the government had intentionally worded the clause relating to the recognizance with conditions so that people who were not themselves suspected of terrorist activity could be subject to such conditions. This discovery was made as the NDP proposed to amend the recognizance with conditions provision to ensure it was clear that only those determined to be potential participants in a terrorist activity could be subject to the clause.

The NDP is opposed to the imposition of recognizance with conditions completely, but we felt this amendment would at least prevent the imposition of recognizance with conditions on individuals not suspected of involvement in terrorism. It is a serious abuse that we felt the Conservatives surely did not intend.

However, it appears that we were wrong to think that this was an oversight and not a targeted attack on Canadians' civil liberties. A parliamentary secretary told the committee that the Conservatives would not support the amendment because the wording was specifically intended to have a broad sweep to ensure that it included people not themselves suspected of engaging in future terrorist activity.

There in the public safety committee, the Conservatives admitted they were bringing forward legislation with the intention of being able to enforce conditions or imprison up to 12 months people who had no involvement in terrorist activities under the pretense of a bill to combat terrorism. Even worse, the Conservatives are now using the tragic events in Boston last week to push through this attack on civil liberties.

Unfortunately, terrorism is a real threat in many countries, including our own, but Bill S-7 would do nothing to ensure that Canada would be protected from terrorism. When the provisions for investigative hearings, recognizance with conditions and preventative detention were previously in place from 2001 to 2007, they were not utilized once. However, in that time, the RCMP successfully foiled a planned attack in Ontario, leading to the arrest of so-called “Toronto 18”.

Again, the RCMP was successfully able to stop a planned terrorist attack earlier this week without these Big Brother-esque provisions. Bringing in a legalization that allows the government to detain people without evidence that they are carrying out attacks is useless at best and in all likelihood, much worse than that.

I am not alone in condemning Bill S-7. I will leave the final word to Mr. Paul Calarco of the Canadian Bar Association:

There is no question that the prevention of terrorist action is vital to preserving our society. This requires effective legislation, but also legislation that respects the traditions of our democracy. Unfortunately, this bill fails to achieve either goal.

I urge the House to reject this legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I have heard a number of NDP MPs articulate why they oppose this legislation. I want to bring up Bill C-55, and members will see the relevance to my question.

During my comments on Bill C-55, I stated that:

Section 184.4 contains a number of legislative conditions. Properly construed, these conditions are designed to ensure that the power to intercept private communications without judicial authorization is available only in exigent circumstances to prevent serious harm. To that extent, the section strikes an appropriate balance between an individual’s s. 8 charter rights and society’s interests in preventing serious harm.

On that particular second reading debate, when we were talking about individual rights, it was interesting that on March 20, 294 members of Parliament voted in favour of it.

Does the member see some relevance in terms of individual rights and how the Supreme Court back then made the suggestion about the wiretapping, and equally, in 2004, the Supreme Court made reference to the investigative hearings as being within the Constitution? In fact, we now have the same type of law enforcement officers and experts saying that as in the other situation, it is a tool for investigations. This is another tool to assist in combatting terrorism.

Why would the NDP would vote one way—

[The Acting Speaker, Barry Devolin]

Order, please. The hon. member for Sudbury.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I have a question for the Liberals. Comparing bill to bill, we do our job as parliamentarians to make these bills the best we possibly can, to ensure we protect Canadians when we bring forward legislation. However, when it came to Bill S-7, there were zero amendments and zero thought put into it by the Liberals to try to make the bill better for all Canadians.

Therefore, we have to ask this question. If the Liberals are looking at one bill, why are they not trying to make this bill the best that it can be as well?

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, the one line that struck me in the member's speech was how easily the Conservatives were prepared to give up these civil liberties that we so cherish in our country.

What strikes me is that we advised the rest of the world that people should live the way we live, that they should live with democracy and the rule of law and with civil liberties. In fact, we send military around the world to intervene in other circumstances to bring these very values into existence in other countries and we even expect people in other countries, in the face of terror, to cling to these kinds of values and fight for them through bloodshed, yet in the absence of any evidence that we need to give up these civil liberties in our country and in the face of proof that our existing policing and law enforcement measures are effective in stopping terrorism, the Conservatives and the Liberals are so easily prepared to give up these things that we cherish so much.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I thank my hon. colleague for his well laid out points in relation to my speech and the debate we have had in the House.

It raises this question. If the Conservatives were really serious about tackling the threat of terrorism, I do not think they would want to move forward with the cuts that we have seen in budget 2012 and in budget in 2013. Let me explain a few of these.

The CBSA border services saw cuts of $143 million in budget 2012, which will affect 325 jobs in the front line, so the government will reduce the staff for folks coming in through the borders. CSIS will see cuts of $24.5 million by 2015. Budget 2012 also scrapped the CSIS Inspector General, who was crucial for accountability to Canadians. The RCMP saw cuts of $195.2 million.

We want to combat terrorism. We saw our RCMP officers do great work yesterday on the VIA Rail incident. We need to have more boots on the ground, more police officers and more great work by the RCMP to ensure that we protect Canadians.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am pleased to rise to speak to Bill S-7.

This bill originated in the Senate, a non-elected House, and it seeks to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act.

I oppose the bill that is before us and I will briefly explain why. Following the events of September 11, 2001, the House of Commons passed an act on terrorism, the Anti-terrorism Act. This legislation was introduced and passed rather quickly. We were shaken and trying to find quick ways and solutions to deal with a feared problem, terrorism, not only in Canada but also abroad.

In the end, several parts of this bill proved useless. Over time, we realized that perhaps we had gone too far in the changes made to our basic rights, which are enshrined in the Charter of Rights and Freedoms. We learned a lesson from that exercise and, in 2007, that act was not renewed, precisely because we realized that several provisions were no longer appropriate in Canada. In fact, they never were. At the time, there had never been any investigative hearing required, or any situation that called for recognizance with conditions.

The bill before us directly affects basic rights that are highly valued in Canada. It provides for up to 72 hours of preventive detention, without the person being charged with anything. It also provides for up to 12 months' imprisonment where a person refuses to testify. That is a major assault on basic rights in Canada. We have to ask ourselves what reasoning can justify such an attack on a fundamental right in a free and democratic society. In my opinion, there is no justification.

For example, in the case of investigative hearings, a peace officer may, with the Attorney General's prior consent, ask a provincial judge to compel any individual who may have information about a terrorist act to appear before a judge. It is immediately apparent that we cannot agree to this bill. A peace officer may force anyone to appear before a judge in order to explain himself or herself or to testify. In Canada, however, even though the right not to testify is a fundamental right, there will be consequences if the individual exercises that right. The person may be detained, even imprisoned, for 12 months merely for refusing to testify. This is a fundamental attack and we must really ask ourselves whether it is warranted.

As we have seen in the Charter of Rights and Freedoms, certain rights may be disregarded where that is warranted. However, according to the principle that the Supreme Court has used on numerous occasions, such action must be warranted in a free and democratic society. I note that the judgment in Oakes established quite clear tests regarding what may warrant limiting fundamental rights in Canada. In my opinion, the bill before us does not meet those tests.

Several factors are involved, including preventive arrest. That is rarely seen in a free and democratic society. Some countries are accused of making unwarranted preventive arrests, and Canada is preparing to act like certain countries that we often criticize. Once again, we must ask ourselves on what reasoning this is based.

Peace officers may arrest an individual without a warrant where they believe that is necessary to prevent a terrorist attack. On what do they base their decision? On what do they rely? How can people defend themselves in those circumstances?

I guess people in Canada will say that they have nothing to worry about, that this does not concern them. However, if a peace officer is convinced that an act will be committed, if he or she assumes that an act will be committed, people will be in a poor position to defend themselves since there will be no evidence. There will merely be an apprehension. In that case, there can be no justification for a peace officer having such a considerable and substantial power.

Section 495 of the Criminal Code already grants a peace officer the following powers:

(1) A peace officer may arrest without warrant (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; (b) a person whom he finds committing a criminal offence; or (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

We can see that this power is subject to certain conditions. We already have a section in the Criminal Code that gives peace officers this power.

We have to ask ourselves what the reason is for wanting to give them even more powers, including the power to detain an individual for a period of 12 months simply for refusing to testify. That right is guaranteed by the Charter of Rights and Freedoms, among others. This is going too far.

This bill would have benefited from a debate in committee and several NDP amendments. However, the amendments were all turned down by the Conservative government.

Parliamentary committees listen to witnesses and experts and give them an opportunity to comment on bills. Members rely on witnesses' knowledge when amending legislation.

One of the witnesses was Denis Barrette, a member of the International Civil Liberties Monitoring Group. According to Mr. Barrette, when the Anti-terrorism Act was adopted in 2001, insufficient evidence was presented to justify reducing the protections guaranteed under the Charter of Rights and Freedoms.

The Toronto 18 were arrested without this legislation, which expired in 2007. The alleged terrorists who intended to attack a VIA Rail train were arrested by the RCMP and other Canadian security agencies the day before yesterday, once again, without legislation such as what we have before us today.

Bill S-7 is not justified. What we need to do in Canada is improve existing security agencies and give them the tools they need to defend our interests. That brings to mind the 2013 budget, in which the government cut air security services in Canada, then in the same breath talked about the problem of terrorism. The air security budget will be cut, especially in airports in remote regions like mine. Small airports may lose their security services.

We need to consider this: if the aim is to truly protect Canadians and the entire world with our security measures in Canada, these measures need to be improved through whatever means necessary. In my opinion, it is crucial that there be an adequate budget to maintain Canada's air security services, and the matter should not even be up for debate. Unfortunately, the budget will cut funding for these services.

Based on what we are seeing here, Canada is heading in the wrong direction by taking away Canadians' rights when we should be giving Canadians the tools they need to protect themselves.

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

Mr. Speaker, I listened with great interest to my hon. colleague. This is a very important debate because the one thing we all share in the House is an abhorrence of the senseless and cruel violence we saw in Boston and elsewhere. We know where the Conservatives are coming from. Their agenda has always been clear.

The issue I have is that earlier I heard the Liberals compare Bill S-7 to Bill C-55. For the last two days, the Liberals have been saying that if the police ask for tools, we should give them the tools. One of the problems with that is there has to be judicial oversight. When we look at Bill C-30, which the Conservatives brought forward and was a widespread bill to allow all manner of intrusions into people's online private interests without warrant, based on the supposition or desire of a police authority, we see Canadians rejected it because it was an unnecessary tool, yet the government came back with Bill C-55, which narrowly defined wiretap provisions under judicial authority.

I would like to ask my hon. colleague why he thinks the Liberals think it is okay to have judicial authority and review on wiretaps but allow people and their relatives to be held without warrant without any kind of oversight provisions that we consider important.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, frankly, it is very hard to ascertain the position of the Liberal Party on this, because it did not put forward any amendments to the bill in front of us today. Although Liberals say they think the bill is inadequate and incomplete, had they been serious about it, we might have heard from them much more elaborately as to what exactly this bill would need to be acceptable to the Canadian people.

Members on this side of the House are certainly being very principled insofar as this bill does not pass our smell test. This bill does not provide a proper balance between rights and protections of society. I would love to hear from the Liberals as to how exactly they would like this bill amended. Unfortunately, they did not bring forward any amendments.

[Bruce Hyer, Independent, Thunder Bay—Superior North, ON]

Mr. Speaker, I agree with the hon. member that he has done a good job of listing the problems with this bill. I would like to underscore the fact that from 2001 until 2007 we already had some of these draconian measures, and they were never used. They really have not helped or were needed. I also agree with him that what we really need is boots on the ground in our cities.

The terrorists that people in my riding of Thunder Bay—Superior North are worried about are gangs, as well as unlicensed, unregistered and illegal guns and the drug problem. The government cut the federal funding to municipal police departments a while ago. Those are the things Canadians are worried about. I wonder if he agrees with me.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I certainly do agree with my colleague. The biggest problem I see for security in this country is the cutbacks. It is certainly one of the biggest problems and one that is going to be felt for many years to come.

Police ask for more tools and for the federal government to take its place in defending the security of individuals in this country, and yet what we see in budget after budget is cutback after cutback to that very security. We have to wonder if the bill in front of us today is simply some elaborate political ploy to capitalize on terrorist attacks that have recently taken place instead of actually doing the work that needs to be done on the ground to build up our security apparatus, protect Canadians and ensure that the safety of Canadians is paramount and not a play thing for political gain.

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, all of my colleagues on this side of the House have clearly expressed their opposition to this bill. However, I am disappointed that there were barely seven or eight members on the other side of the House today to listen to the arguments put forward by my honourable colleagues about the many problems with this bill.

It is worth recalling that everything in it comes from Bill C-36, which was tabled in 2001 following the events that occurred in the United States. From that time on, an international policy was developed and Canada has unfortunately simply been following it.

Canada should not even be involved, because everything was done according the foreign policies of our neighbours to the south. In reality, Canada was never really exposed to these kinds of constraints. Canada's foreign policy has always been fair, particularly in terms of non-interference in the foreign policies of other nations. In a word, Canada has no enemies.

On the other hand, after those events, the government of the day felt that it was important to introduce anti-terrorism legislation, so it did. However, it was pointless because we are not in that situation.

My honourable colleagues from this side of the House said that we did not really need to impose all these constraints on all Canadians, despite the efforts that were made to improve the resolution and return to the wording that was rejected in 2007.

Giving powers to certain peace officers—such as police and military personnel—to apprehend ordinary citizens suspected of committing acts of terrorism is pure madness.

Furthermore, everyone knows that the Canadian legal system already has measures to prevent actions like these, which are contrary to common sense. The effective way to combat them is to provide our public safety and security systems with the funds they need, yet in last year's budget and even this year’s, cuts to such funds were and are being made, which is absurd. In other words, members on both sides of the House are being illogical. The Liberals seem unable to seize this opportunity to send a clear message to the Conservatives about protecting public safety without compromising basic rights.

Do not forget that the 2012 budget made major cuts of approximately $687 million, and the Canada Border Services Agency and the Canadian Security Intelligence Service suffered the most as a result.

These two agencies, which have some latitude and the power to act in order to detect acts that could potentially endanger Canadians, have no power over Canada's foreign policy, and Canada is not really exposed to a genuine terrorist threat.

Peace officers can interrogate an individual if something abnormal is suspected, whether on cultural, racial or religious grounds. The individual can be forced to appear in court, before a judge, to explain certain actions or types of behaviour that the peace officer considered abnormal. In a way, laws that protect the civil rights of citizens are circumvented as a result of aggressive action of this kind.

New Democratic members are opposed to Bill S-7 because there is no justification for it. To begin with, the bill would amend the Criminal Code. Our view is that the Criminal Code is fine just as it is, although it could be improved in certain areas. Secondly, many of the amendments suggested in committee were quickly rejected by most Liberals and Conservatives.

The bill would also amend the Canada Evidence Act. Potentially sensitive information about the trial of an accused could be disclosed, which in my view would be a blatant infringement of human rights.

The bill would also amend the Criminal Code to add new offences. However, it is impossible to determine ahead of time whether a person who has left the country or attempted to do so will commit a terrorist act. These are subjective questions linked to suspicions and unsubstantiated beliefs.

I can see that even though several colleagues on the other side of the House have arrived, they do not appear to be really interested in listening to what we have to say about this bill even though they should be willing to admit that they are on the wrong track in a way.

As I was saying, and I will repeat it once more, the key factor to be taken into consideration is the budget cuts to the agencies responsible for public safety. I hope that the members who are now entering the House will understand precisely what it is we wish to say, and I trust that they will make changes to the bill before it is voted upon in the next few minutes or days so that we can really tackle this issue.