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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I will pose a question to the member in regard to his reference to human rights.

As we all know, it was Pierre Elliott Trudeau who brought home the Charter of Rights and Freedoms for all Canadians, a document that has been valued greatly by all Canadians ever since.

Bill C-55 was a tool that allowed for wiretapping situations without a warrant. Bill S-7, the bill we are debating today, is a tool that would allow for investigative hearings. In that regard both bills, in essence, will have impact on individual rights. Both those bills had an opinion from the Supreme Court saying that they are indeed within the Constitution, yet on the one hand we had the NDP supporting one bill, that being Bill C-55, and opposing the other, that being Bill S-7. Both bills will have an impact on individual rights, yet the NDP somehow voted in favour of one while it is going to be voting against the other.

I agree that the Conservatives have done a disservice with their cuts, which will have an impact on the research that could be done in combatting terrorism. However, I would ask the member if he would—

[The Acting Speaker, Barry Devolin]

Order, please.

The hon. member for Laval.

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, my hon. colleague for Winnipeg North has been expressing himself very well about old topics and old arguments from previous parliaments. However, I think that we should return to what is currently under discussion, which is Bill S-7.

This is about showing utmost respect for human rights. That is what makes living in a democracy good.

As to his allusion, I believe that the context was very different at that time. I do not really think that I can provide him with further details.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, my colleague appeared to have some reservations about the constitutionality of Bill S-7 in terms of rights being respected.

The hon. member for Gaspésie—Îles-de-la-Madeleine also suggested that this bill might not meet the constitutional test.

I recall a story about Department of Justice officials reviewing bills hastily so that the bills would be introduced in Parliament more quickly, even though the fundamental rights of Canadians could be undermined.

That makes me wonder whether my colleague thinks, as I do, that the process should be tightened up, given the allegations that we heard not long ago.

Tightening up the process for bills sent to the House of Commons and the Senate would enable us to ensure that the bills we are currently debating undergo a rigorous test and that they are valid and constitutional. All of this would be done prior to debating the bills in the House.

Would my colleague like to comment on that?

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, I thank the hon. member. He is absolutely right.

I agree that there should be a more thorough and meaningful review process before the bills are introduced. The bills should also be validated, checked and confirmed through other processes.

Unfortunately, this bill comes from the Senate. Everyone here knows how we feel about the Senate. Therefore, I do not think it would be a good idea to continue with this process, which is an affront to justice.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, we have been talking about terrorism for the past couple of days. There is no question that everyone in the House wants to do everything possible to protect Canadians against terrorism, and for anyone to suggest otherwise is just simply wrong.

We were all sickened by what happened in Boston last week. As it turned out, I was on my way to Washington at the time and saw increased security in that city. A lot of people were very concerned and troubled about the events in Boston and wondered whether there would be a spillover effect in that city. Frankly, we are all concerned, and have been concerned, about that possibility.

Bill S-7 would not do what the government claims it would do. The fact that it was introduced suddenly this week, surprising everyone, causes us considerable concern.

Back in 2006 these provisions were in the Anti-terrorism Act that came into force in 2001. After the terrible tragedy that happened that year, parliamentarians felt it was important to ensure that our legislation was up to international standards, and we included provisions that are contained in Bill S-7.

At that time, the bill had a sunset clause. In 2006 all members of the House of Commons voted as to whether or not the sunset clause would be extended. That was defeated, and it was defeated because none of the provisions now contained in Bill S-7 were ever used. Police, CSIS and other authorities in this country were able to carry out their responsibilities to keep us safe without the need for the provisions now found in Bill S-7.

The Conservative government has waited seven years to bring this legislation forward. This legislation has been sitting on the order books for months now, and the government did not deem it necessary to bring it forward. That was because it had been advised by authorities that it was not necessary and that it would trample on the civil rights and freedoms of Canadians to a level that is unnecessary, damaging and, frankly, frightful. That is not necessary.

We, along with people outside this chamber, have said that the only reason this legislation has been suddenly dropped on the table for debate this week is for partisan political reasons. Surely to heaven the Conservative government recognizes the importance of what happened in Boston. Surely the government recognizes that this is not an issue that we should be playing politics with, nor should we be playing politics with the civil liberties and human rights of Canadians.

All NDP members have stood in our places and voiced our objections to Bill S-7, and there will be others. Members in the far corner are going to support this legislation because they originally brought it forward, and they feel it is sufficiently expedient to pass it.

I will describe what I would like to see the government do. If the government is serious about dealing with terrorist threats, it should restore the $143 million that is being cut from CBSA. That would ensure that we have the resources at our borders to properly screen people who may want to do harm to Canadians and Canadian property.

I would like to see the cuts of $24.5 million by 2015 imposed on CSIS restored. The budget of the CSIS Inspector General was scrapped in 2012. The RCMP saw cuts of $195.2 million.

If we do not have boots on the ground, and if we do not have the individuals in the field who are directly involved with the investigation of these matters, how can we suggest that we are serious? It is simply not good enough to bring in a bad law and say that we have taken care of it and that everyone is safe. It just does not work that way.

Canadians know that when they cross the border, there are going to be fewer RCMP and CSIS agents available to protect them and to do the work necessary, such as the screening and investigation. That is where we need to be putting our money and resources.

I urge the members opposite, if they are serious about combatting terrorism, to put money back into resources so that we have people on the ground who are able to do the work necessary to keep Canadians safe. Bill S-7 does not do it. That is why my colleagues and I have risen to object strenuously, and we will not be supporting it.

[The Acting Speaker, Barry Devolin]

The hon. member for Dartmouth—Cole Harbour will have three minutes remaining when this matter returns before the House.

The House resumed consideration of the motion that Bill S-7, An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act be read the third time and passed.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am pleased to rise to address the Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act, better known now as Bill S-7, Combating Terrorism Act.

I must admit that, last Friday, I was somewhat surprised, like everyone else in the House, by the move made by the Leader of the Government in the House. He informed us that two opposition days—one for the Liberal Party on Monday and one for the New Democratic Party on Tuesday—would be postponed, in order to resume dealing with Bill S-7.

I was surprised considering the government's usual routine with the orders of the day, and the debates of the past few weeks and months. We knew that Bill S-7 was on the Order Paper and that, some day, it would resume its normal course.

Bill S-7 originated in the Senate. I already said this regarding other issues: When the government has extremely important bills, it usually tables them under the letter “C”, followed by a number. This bill was introduced through the back door, through the Senate, which is made up of friends of those in power and of unelected people.

That was disturbing. However, it sent the message that, perhaps, the bill is not as important as the government is saying it is now.

Bill S-7 went through the Senate, which took a certain time. I believe it was tabled or passed in the Senate in February 2012, and it then made its way to the House. It was studied in committee and referred back to us in March if I am not mistaken. We had time for a speech at third reading. That speech was delivered by the hon. member for Toronto—Danforth, following the committee's report. After that, the bill was put somewhere. We knew it would come back here within a few weeks, months or years. We never really know with the Conservatives.

Then, surprise, surprise, on Friday, the Leader of the Government in the House rose as if there was a great need to hurry. He decided to put Bill S-7 on the orders of the day for debate.

Bill S-7 is a response to the events of 2001. It existed in another form and had been passed by the Liberal government of the day, in the aftermath of the events of September 11.

Terrible events such as September 11 or those more recently in Boston create a state of panic and terror.

People who want to combat terrorism, are people who have experienced terror. That is the power these terrorists have over people. They hope that the moments of terror they create will force people to change their behaviour and will make them lose their sense of safety. When terrorists achieve that, they have accomplished their mission.

It is the government's job to ensure that the public is safe. I would say that being healthy is certainly important, but more important than any other need on this planet, feeling safe is probably one of the most important feelings we have as humans. One of the government's responsibilities is to ensure that safety through reasonable, legal means.

The problem with laws that are passed in the wake of particularly sensational events is that they can have unintended consequences. Sometimes, they represent an improvement because we have learned from dramatic events. Sometimes, however, we overreact and need to make adjustments along the way.

Very wisely, the government at the time passed the legislation with the realization that certain provisions could pose problems in terms of individual rights and freedoms. We cannot take away the rights and freedoms of law-abiding citizens—as my Conservative colleagues so often say—just because of a small number of terrorists. These measures cannot be implemented to the detriment of honest people who obey the law and who live according to society's rules.

At the time, knowing that the bill was being passed quickly and in response to specific problems, the government included a sunset clause, which imposed a deadline and made the clauses contained in Bill S-7 temporary measures. It meant that the bill would have to be revisited to determine if it had been useful and to draw conclusions about the events.

The current government may be a bit frustrated right now, but the opposition is also very frustrated about the way the Conservative government plays its role as legislator. I am not very sympathetic to the government's frustration because, to some extent, the government brought this on itself. The government is frustrated by some statements. It is frustrated that the media and the official opposition are currently casting doubt on its motives for introducing Bill S-7. A distinction must be made because members can oppose the actual content of the bill or the way it is being addressed or passed through the House of Commons.

I must admit that it certainly reeked of opportunism when the Leader of the Government in the House of Commons suddenly announced after question period last Friday that we had to pass Bill S-7. We are talking about the message that the government is trying to send.

In passing, I am extremely surprised that the members of the Liberal Party are not rising to oppose this type of bill because, since the adoption of the Canadian Charter of Rights and Freedoms, they have always been the self-appointed gatekeepers of the charter, and probably with good reason. I am extremely surprised that they are not rising with the members of the NDP to speak out against some of the major concerns raised by this bill.

I would like to come back to the government's frustration. It is so rare for the government to be frustrated. The Conservatives have a majority and so they are free to do what they want in terms of their agenda. Perhaps that is why they are not being taken very seriously when it comes to Bill S-7. Since they have been in office, they have had plenty of time to pass this bill. However, they are using the current situation to score political points and to try to pass a bill that would normally be difficult to pass or would be negatively perceived. In my opinion, this is as despicable as it gets.

I will come back to my main point. The role of Canada's Parliament is to ensure, to the extent possible, that Canadians across the country feel safe in this very special place. We must have a set of rules and laws in order to provide our police forces with the tools they need. However, I realize that our police forces and our special counter-terrorism units already have many tools available, including the Criminal Code, in order to deal with events like the ones that occurred yesterday—namely, the press conference and the arrest of two alleged terrorists who were threatening the security of Canadians—and the events involving the group known as the Toronto 18.

I am not sure that Bill S-7 would have resulted in a different response to the situation.

In closing, we should perhaps say to the government that if it truly wants to stop terrorism, it must provide not just the legislative tools but also the people on the ground, which means more police officers and counter-terrorism units. That takes money. The Minister of Public Safety must stop cutting those budgets.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I agree with the member that the Conservative government needs to have more boots on the ground. We have seen, through a series of budget cuts, that those numbers are down significantly. We share the concern of the NDP.

Having said that, one of the concerns I have is the position of the New Democrats with respect to the Charter. They are saying that they are concerned about the rights of the individual.

I reflected earlier today on Bill C-55, which had similarities in terms of principles. The Supreme Court of Canada, in both cases, made a declaration that they are both constitutionally correct, implying that they should be made law. It even had a deadline.

Does the member see the consistency between Bill C-55 and Bill S-7? Why is it that the New Democrats would vote in favour of one but be opposed to the other? Could the member provide some clarity on that?

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, that is an excellent question.

Bill C-55 satisfied the Supreme Court's demands word for word. For once, the government resisted the urge to go too far. It chose individual rights over all-out accessibility and going after people who might be dealing with certain situations.

So, with Bill C-55, the government showed tremendous restraint. The same cannot be said about Bill S-7.

My colleague from Toronto—Danforth and his colleagues on the Standing Committee on Public Safety and National Security did a great job examining Bill S-7 and highlighting how the arrest provisions, which the government would like to see as preventive, were vague. This certainly leaves us wondering. Someone could be accused of being directly or indirectly linked to an act, even though that person may be innocent. As everyone knows, when a tragedy occurs, at some point, well-meaning people see things that might not necessarily be there. Some people might find themselves in truly tragic situations, with extremely vague rights.

The NDP members asked the government another question. I encourage my hon. colleague from Winnipeg North to consult the evidence from that committee and he will see that the Conservative member replied very clearly that, on the contrary, the government wanted to keep this as vague and as broad as possible.

In terms of arrest, detention and interrogation, when people who have been arrested do not know what is going on or what they are alleged to have done, we need to err on the side of caution, while still thinking about public safety. These two aspects can be reconciled in a legal manner that respects our charter.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for her speech, which was excellent, as always.

I would like to hear her thoughts on the government's habit of reacting to specific events by introducing a bill. This is very opportunistic. She mentioned that in her speech.

Could the member talk more about the fact that the government is using specific events to change laws? These laws apply to all Canadians, they will apply for years to come and they will have repercussions. As a legislator, it is trying to react only to specific events. The government is also trying to be opportunistic by using such events to advance its own ideologies. Why do we need to be wary of this kind of approach?

[The Deputy Speaker, Joe Comartin]

The hon. member for Gatineau has 40 seconds to respond.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, since arriving in the House in May 2011, I have realized that the government uses legislation to get media attention.

In terms of justice, law and order and public safety, this is not the way to properly manage legal and legislative issues, enforce the rule of law or ensure that we are a constitutional state that honours its Constitution and charter.

We do not even know if the Minister of Justice makes sure that his bills comply with the charter and the Constitution. One of his employees is taking him to court because he is claiming the minister does not do so. I am not surprised to see that everything he does is a sham. It is unfortunate that this is happening with these kinds of issues.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, before I begin my comments on Bill S-7, I would like to talk about the people of Drummondville, who organized a commemorative race last Sunday for the victims of the tragedy that took place in Boston, and for their families.

I would like to thank Carl Houle, Andrée Lanoie and Robert Borris for the 5 km race they organized in the city of Drummondville to honour and commemorate the victims of this appalling tragedy. It was a noble gesture on their part, because they were in Boston when the tragedy struck. They were taking part in the marathon there because they are regular participants in marathons. Andrée Lanoie is a former colleague of mine, and I wish to salute her today. She does excellent work with young people and promotes physical activity.

I would therefore like to thank them and the community of Drummondville for this fine event. Nearly 200 people from the greater Drummondville area took part in the race. That was just an aside before I begin my remarks on Bill S-7.

That said, the fact of a tragic event like what happened in Boston is no reason for the government to make use of it in order to play petty politics. Yet that seems to be the case, and it is regrettable. It should be condemned, and the NDP will condemn it.

I would also like to thank my hon. colleague from Gatineau for the excellent speech she just gave. She did well to note the opportunistic aspect of Bill S-7, the combating terrorism act.

Quite obviously, we must combat terrorism and take every measure to do so. However, Bill S-7 is not an appropriate response to the need to combat terrorism. It is important to explain this and point it out to our honourable Conservative colleagues. They believe this bill is a suitable response in the battle against terrorism, but it is not in fact an appropriate response.

Why is that? I will begin by stating the four goals of Bill S-7. I will then explain how very seriously the NDP did its work in committee. As always, NDP members do outstanding work in committee by proposing amendments and improvements based on expert testimony. It will be important to come back to this later in order to show that unfortunately, once again, the Conservatives have no respect for the work done in committee. They are interested only in quickly presenting their political agenda, and we end up with flawed legislation that we have no choice but to vote against.

Bill S-7 has four objectives: to amend the Criminal Code to authorize investigative hearings and recognizance with conditions; to amend the Canada Evidence Act to allow a judge to order the public disclosure of potentially sensitive information concerning a trial or an accused, once the appeal period has expired; to amend the Criminal Code to create new offences for a person who leaves or attempts to leave Canada for the purpose of committing an act of terrorism; and lastly, to amend the Security of Information Act to increase the maximum penalties for harbouring any person who has committed, or is likely to commit, an act of terrorism.

It is important to note these four technical points, because they are at the heart of Bill S-7. As my hon. colleague from Gatineau also mentioned, this bill comes not from the House but from the Senate, which we are opposed to. As we know, the Senate is not an elected chamber. Moreover, we challenge its very legitimacy.

What does “recognizance with conditions” mean? Simply put, it means preventive arrest.

Preventive arrest is one of the main problems with the bill. Why? It goes against the most fundamental principles of freedom and human rights. As I already mentioned, we presented amendments in this regard in committee.

I will now name the great NDP members of the Standing Committee on Public Safety and National Security who examined this bill. There is the hon. member for Esquimalt—Juan de Fuca; the hon. member for Alfred-Pellan; the hon. member for Compton—Stanstead, who is often by my side; and the hon. member for Toronto—Danforth.

These MPs presented 18 amendments, some of which sought to determine the definition of a person who can be arrested. Can just anyone be arrested? For example, if an individual who protested the Keystone XL pipeline—a project that will generate millions of tonnes of additional greenhouse gases in North America—is arrested, will that person be treated as a potential terrorist?

These are questions we had. Yesterday, during his speech on Bill S-7, the hon. member for Compton—Stanstead clearly demonstrated the major problem with the current definition. As my colleague was saying, the definition is very broad. Who can be considered a terrorist? Is someone who listens to heavy metal or a rocker considered a terrorist?

There are no criteria, which does not make sense. Of course, the hon. member for Compton—Stanstead is a heavy metal fan. That is why he is concerned about these issues. Personally, I am an environmentalist and so I am concerned about environmental issues. Environmentalists have often been monitored for fear that they will become radicals.

These are areas of concern with regard to the Charter of Rights and Freedoms. The first question we must ask is this: are good criteria in place to ensure that people are not put under preventive arrest just because we do not like them?

The NDP proposed amendments. The colleagues I mentioned earlier proposed very relevant, balanced amendments based on expert testimony. Unfortunately, the Conservatives voted against these amendments. We will therefore vote against Bill S-7. Why? It is incomplete and unfair, and it is not consistent with the Charter of Rights and Freedoms and with fundamental rights, such as human rights. That is why we will vote against the bill.

We will also vote against the bill because it is not needed for combating terrorism.

I will now get back to what I mentioned in my introduction. I think it is very important to combat terrorism. Everyone agrees on that. I want the Conservatives to understand that I absolutely think it is necessary to combat terrorism. However, we must find the proper ways to do so.

As my colleagues from Gatineau and Compton—Stanstead, and others, have said, we must ensure that the necessary resources are there. First, we need police resources, such as the RCMP. We must support the RCMP, which recently did an excellent job preventing an act of terrorism in Canada. I commend its members for their work and for their diligence in dealing with a tragic and dangerous phenomenon. I thank them.

What I want to say is that we must combat terrorism. To do so, we must provide the necessary tools: financial resources, human resources and the resources needed to work with all cultural communities. That is what will help us combat terrorism.