Combating Terrorism Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

April 24, 2013 Passed That the Bill be now read a third time and do pass.
Oct. 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:10 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague for her excellent speech, which I believe emphasizes what this debate should now be about: the protection of Canadians' and Quebeckers' civil liberties and the fact that the government is bringing back old provisions that were hastily introduced following the September 11 attacks and were never used.

From 2001 to 2007, those provisions that the Conservatives want to bring forward, which restricted our rights and freedoms, were never used. Furthermore, they were never useful. On the contrary, our police forces have the resources, capability and tools they need to protect Canadians' safety. I would like to hear what she has to say on that subject.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:15 p.m.


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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I thank my colleague for his question. Only the NDP truly wants to protect the rights and freedoms of Canadians. That much is obvious.

In my opinion, it is very disappointing to see that the Liberals will be supporting this bill, which will really have a negative impact on people’s rights in Canada. It is unbelievable.

When we look at this bill, we can already see what happened this week with VIA Rail. Laws are already in place for combatting the problem of terrorism. The tools are already there. There is no need to keep on creating a new one every time a critical situation arises. We have to look at what we have, how it can be improved, if necessary, and whether it is working. It is obvious that right now, it is working.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:15 p.m.


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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, one aspect of the bill concerns me greatly, and I would like to know whether that concern is shared by my colleague. The Liberals wrap themselves in the Charter of Rights and Freedoms. Yet they are going to support a bill that is necessarily at odds with the charter, particularly when it comes to the part that says we can arrest someone even if we are not sure they are really associated with a terrorist group. There is not a judge in the Supreme Court who will say that there is no danger. It is impossible. There is an unbelievable contradiction.

The major consequence will have an impact on the security forces, who will have to live with completely twisted decisions. They will be wondering if such a thing has to be done, only to end up with a form of charge that is not possible. Doing this is going to put people in the security forces in an untenable position.

We are told that the Liberals are going to support it and that they have not thought about that. They do not want to make their new leader look too soft. They are going to take a decision that makes no sense. I would like to know whether my colleague shares these concerns.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:15 p.m.


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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, once again, we have to ask ourselves questions when such a bill is presented.

As I said, it is surprising that the Liberals are supporting a bill that will really have a negative impact on the rights of Canadians and their Charter of Rights and Freedoms. When there is a demonstration, in Quebec or elsewhere, they will obviously use such legislation if they do not agree with the demonstration. We therefore have to ask ourselves the following questions: is the legislation necessary? Are current laws sufficient to deal with the problem of terrorism? Does the legislation violate fundamental rights?

We quite simply do not believe that Bill S-7 meets these criteria. I think it is obvious that there is no difference between the Conservatives and the Liberals with respect to the protection of our rights: they disagree.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:15 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would like to begin my speech, which will end the day, by pointing out the irony of this situation. We can already hear Conservatives outside the House accusing the NDP of being soft, of not believing that safety is an important issue and of being soft on crime. It is the same old tune. However, this is their bill. Although we might be hearing them outside the House, we are not hearing them much in here. They are not here; they are not talking today. The NDP members are the only ones standing up to say that they care about the safety of Canadians and the Canadian value of respecting rights and freedoms. As the official opposition, we take this issue much more seriously than the Liberals do. They will stand with the Conservatives and vote in favour of a bill that will undermine our civil liberties. We find that particularly disconcerting.

I would like to begin by reading from a column written by Rima Elkouri, which appeared in La Presse this morning.

“You're either with us or against us,” said George W. Bush in the wake of the terrorist attacks of September 11, 2001. This famous ideological motto was quick to resurface after the attacks in Boston. The [Prime Minister's] government did not hesitate to seize the opportunity to exploit the tragedy for partisan purposes by immediately forcing debate on tougher anti-terrorism laws... We are obsessed with safety, and oh, by the way, we would like to take away some of your rights. But have no fear, it is for your own good. And whatever you do, don't think.

The Conservatives' haste to force debate on this bill has to do with grandstanding, putting on a show. It is about smoke and mirrors. Opposition days were scheduled this week. True to Conservative form, they are using the victims of the attacks in Boston for political gain. We find that offensive. The context surrounding this forced debate needs to be clear. Members opposite wanted to avoid a more difficult debate on parliamentarians' right to freedom of speech.

A few of my colleagues pointed it out, and I also asked questions about this today. The two most important provisions in Bill S-7 were created years ago and are being brought back even though the sunset clause passed after the attacks of September 11, 2011, has expired. In all the years that these two provisions were available to police forces, they were never used. They have not existed since 2007, and the government is now attempting to bring them back with Bill S-7.

However, it is clear from the Toronto 18 affair and, this week, the thwarted attack on a VIA Rail train that police forces have the means to protect Canadians' safety and that it is not worth jeopardizing the rights and civil liberties we enjoy. With respect to the case of Chiheb Esseghaier, who was arrested for allegedly plotting to blow up a VIA Rail line, I will read an excerpt from Christiane Desjardins' article in La Presse:

Earlier this morning, Mr. Roy summarized the charges against Mr. Esseghaier: one count of conspiracy to interfere with transportation facilities in association with a terrorist group, conspiracy to commit murder in association with a terrorist group, two counts of participating in the activities of a terrorist group, and one count of giving instructions to someone to carry out an activity in association with a terrorist group.

Do we need more legal provisions to help our police do their job, protect Canadians' safety and prevent terrorist attacks? I do not think so. I would also like to quote Reid Morden, the former director of the Canadian Security Intelligence Service, who had this to say in 2010, when referring to the provisions that were passed in 2001 and that the government is attempting to bring back:

Speaking strictly of those two particular provisions, I confess I never thought that they should have been introduced in the first place and that they slipped in, in the kind of scrambling around that the government did after 9/11. ...It seemed to me that it turned our judicial system somewhat on its head. ...I guess I'm sorry to hear that the government has decided to reintroduce them.

The former director of the Canadian Security Intelligence Service said that only three years ago.

“Police officers and security forces have all the powers they need to do their job properly. They do not need additional powers.” That is what Mr. Morden said in 2010.

What reasons, then, do the Conservatives have for tabling a bill that originated in the Senate, that unelected, undemocratic and unaccountable chamber that is already grappling with many problems and scandals, a chamber that generally serves as a repository for friends of the Conservative Party—party presidents, organizers, fundraisers and the like—where they can do political work at the taxpayer’s expense? That is a whole other debate, though.

What reasons do they have for reintroducing measures that were never used, that are therefore useless and ineffective, and that threaten the freedoms we and 34 million other Canadians enjoy? Why put these freedoms at risk for the sake of measures that we do not need, that will not work and that most groups defending our rights and freedoms angrily denounce?

This morning, someone in my office contacted officials at Amnistie internationale Canada francophone. What they had to say was quite simple: restricting people’s freedoms is not the way to prevent terrorism. Their view is also shared by the Canadian Bar Association and a number of experts who testified before the committee and are very concerned.

The NDP share their concerns. We will never compromise when it comes to security or our rights and freedoms.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Deputy Speaker

Is the House ready for the question?

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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Some hon. members

Question.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Deputy Speaker

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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Some hon. members

Agreed.

No.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Deputy Speaker

All those in favour of the motion will please say yea.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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Some hon. members

Yea.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Deputy Speaker

All those opposed will please say nay.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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Some hon. members

Nay.

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Deputy Speaker

In my opinion the nays have it.

And five or more members having risen:

Combating Terrorism ActGovernment Orders

April 23rd, 2013 / 5:25 p.m.


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The Speaker Andrew Scheer

Call in the members.