The House is on summer break, scheduled to return Sept. 15

Strengthening Canadian Citizenship Act

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Chris Alexander  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under the Income Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-24s:

C-24 (2022) Law Appropriation Act No. 2, 2022-23
C-24 (2021) Law An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
C-24 (2016) Law An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act
C-24 (2011) Law Canada–Panama Economic Growth and Prosperity Act

Votes

June 16, 2014 Passed That the Bill be now read a third time and do pass.
June 10, 2014 Passed That Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2014 Failed That Bill C-24 be amended by deleting Clause 1.
June 9, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
May 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
May 29, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, because it: ( a) does not provide an adequate solution for reducing citizenship application processing times, which have been steadily increasing; ( b) puts significant new powers in the hands of the Minister that will allow this government to politicize the granting of Canadian citizenship; ( c) gives the Minister the power to revoke citizenship, which will deny some Canadians access to a fair trial in Canada and will raise serious questions since Canadian law already includes mechanisms to punish those who engage in unlawful acts; and ( d) includes a declaration of intent to reside provision, which in fact gives officials the power to speculate on the intent of a citizenship applicant and then potentially deny citizenship based on this conjecture.”.
May 28, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Citizenship and ImmigrationPetitionsRoutine Proceedings

February 19th, 2015 / 11:25 a.m.


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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, I have two petitions to present.

The first petition has been signed by many Canadians who are calling for citizenship legislation that is fair to everyone. This petition expresses people's concerns regarding Bill C-24.

Protection of Canada from Terrorists ActGovernment Orders

January 30th, 2015 / 10:55 a.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I assume that the House is continuing the discussion on this bill following question period. My remarks then will certainly be curtailed because for some reason the government has called a briefing on the new combating terrorism act, or whatever it may call it, at 11:30, which is halfway through question period, and that will go through to 12:30 p.m. Because of the actions of the government, I will not be able to conclude my speech. It is startling that the Conservatives would call a briefing during question period when members are supposed to be here.

Instead of taking time to duplicate the discussion, the member for Alfred-Pellan talked about what happened at committee. I agree with her comments. The ability of the committee to do its work was certainly curtailed. I think we had six witnesses, which is just not adequate to do the job, especially with all the pomp and ceremony by the government and its line that it is fighting terrorism and that the bill is so important. We will see what is in the new bill coming forward this afternoon.

This bill really does absolutely nothing to address the national security concerns that resulted from the recent events in Quebec and Ottawa. It simply amends legislation to meet current CSIS practices and expedites amendments to citizenship and immigration from Bill C-24. We raised with the minister in the House and at committee the point that the government must explain why it is not using existing legislation and the relevant provisions of the Criminal Code. Here I refer to preventive arrest and section 83 of the Criminal Code, whereunder someone, if they are planning, attempting to, or leaving the country to operate with a terrorist entity abroad, can face from 10 to 14 years in prison. We have never had an answer from the government why those sections of the law are not being utilized, specifically subsection 83.18(1). Peace bonds have only been used very rarely, but they are another way of taking people off the streets.

The bill contains provisions related to clarifying CSIS' ability to operate internationally, although according to the deputy commissioner of CSIS in testimony to the Senate national security committee, it will not alter its ability to operate internationally, which it has been doing historically. The bill as well does provide protections to sources abroad. These are similar to the protections provided to informants in domestic cases. We are supportive of that. We have to be supportive of those who work with CSIS in carrying out its duties.

I will close by saying that we will be supporting the bill. We have some concerns about the bill in that the Minister of Public Safety is not required to inform the Minister of Foreign Affairs and the Minister of National Defence on activities abroad. That is a concern we raised and we stand by it, but we will be supporting the bill.

Questions on the Order PaperPrivilegePrivate Members' Business

January 26th, 2015 / noon


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I rise this afternoon on a question of privilege related to written Question No. 393, which I submitted to the order paper on March 27, 2014; the government's response to the question on May 14, 2014; and a document containing correspondence among officials at Citizenship and Immigration Canada on the preparation of the response to my question, a document that I obtained through the Access to Information Act.

I believe that the government's interference in the preparation of the answer to my written question has impeded me in the performance of my parliamentary functions and is, therefore, a breach of my parliamentary privilege.

Mr. Speaker, I would ask you to review three pieces of evidence as you consider my request: first, the question that I submitted to the government; second, the government's answer to my question; and third, the documents that I obtained through the Access to Information Act. These documents contain correspondence among officials at Citizenship and Immigration Canada concerning my written Question No. 393.

I will not read my written question, but I will say that it was about average wait times and the budget and human resources that the department allocated from 2005 to 2014 to processing visa, immigration and private sponsorship of refugee applications. It was broken down into several sub-questions, as is typically the case with written questions.

In response to my sub-questions about average wait times for visa, immigration and private sponsorship of refugee applications, I received the following non-answer for all three:

Adequately responding to this question would require extensive, detailed research of CIC records, and this work is not feasible within the prescribed timeline. Although some of the above data are available, many other data points would take longer to extract because of the structure of the department's information systems. After the data extraction process, the report would then have to be reviewed in its entirety to ensure the quality of the data. Given that the question also deals with data covering a period of nine years, a complete and accurate response to this question is not feasible within the prescribed timeline for the reasons outlined above.

After submitting an access to information request, I learned that this was not the response that officials from the department planned to submit to my question. Indeed, the exchange of emails I obtained shows that departmental officials were working on answering my written question.

In an email dated May 1, 2014, an official from the department explained that, given the quantity of information requested, it would take about two weeks to prepare the response. She said that it would take a little longer, but it was entirely doable.

An email dated the next day, May 2, 2014, ordered the officials who were working on the question to stop their work because:

“[the office of the minister] has come back to advise the [office of the assistant deputy minister for operations] that we will use the same response we provided to Q-359.”

The government's response to Question No. 359 was a non-answer.

Questions of privilege concerning written questions have been raised repeatedly in the House. Every time, the Speaker has ruled that it is not the role of the Chair to determine whether the contents of documents tabled in the House are accurate.

I understand the principle. However, it is not the nature of the response here that is problematic, but rather the fact that the minister's office obstructed the work of officials in his own department. The minister's office interfered in the work of government officials in order to prevent them from producing a satisfactory response to my written question.

I believe that such an obstruction constitutes a prima facie breach of privilege.

House of Commons Procedure and Practice, second edition, states on page 517, the purpose of written questions as follows:

...written questions are placed after notice on the Order Paper with the intent of seeking from the Ministry detailed, lengthy or technical information relating to “public affairs”.

In chapter 7 of her November 2004 report, entitled “Process for Responding to Parliamentary Order Paper Questions”, the Auditor General wrote:

The right to seek information from the Ministry of the day and the right to hold that Ministry accountable are recognized as two of the fundamental principles of parliamentary government.

Written questions are one of the tools that elected representatives can use on behalf of Canadians to fulfill their fundamental duty of holding the government to account. The government cannot interfere in the preparation of the responses. It must allow its public officials to do their job.

House of Commons Procedure and Practice, second edition, at page 109, states that:

In order to find a prima facie breach of privilege, the Speaker must be satisfied that there is evidence to support the Member's claim that he or she has been impeded in the performance of his or her parliamentary functions and that the matter is directly related to a proceeding in Parliament.

The Standing Committee on Procedure and House Affairs also stated the following in its 2005 report:

The bar to establish a breach of privilege is necessarily a high one, and, in the case of an individual member, it must be closely related to his or her parliamentary activities.

Therefore, Mr. Speaker, I would like to show how the minister's interference in the preparation of the answer to my written question impeded my ability to carry out my parliamentary duties.

Last February and May, the House studied Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, at second reading stage. In June, the Standing Committee on Citizenship and Immigration, of which I am a member, also carried out a study of the same subject. We can see that there is a direct link between the minister's obstruction and parliamentary proceedings.

In fact, during the study of Bill C-24, the government said several times that it wanted to eliminate the backlog of applications and shorten processing times for immigration applications to less than one year by 2015-16. To that end, the government intended to eliminate certain intermediaries in the citizenship process.

Nevertheless, we know that backlogs of these types of applications have doubled in seven years, while processing times have doubled in four years, going from 15 months in 2009 to 31 months at the end of the 2013-14 fiscal year. It was very important for me, as a member of Parliament, to gain a better understanding of the delays these applicants are facing, and this includes getting a clear picture of the number of applications as well as the budget allocated to processing these applications, in order to thoroughly study Bill C-24 and to better understand it.

It is becoming increasingly clear that the processing delays impose financial and psychological burdens on the families that are waiting for an answer. Bill C-24 imposed additional waiting periods on thousands of permanent residents who wanted to join the Canadian family and who were preparing to submit their application. If I had gotten a proper response to my written question, I would have had a much more accurate picture of the scope of the problem, and I would have been in a better position to make alternative suggestions to cut processing delays and backlogs.

The 21st edition of Erskine May describes contempt as:

...any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt even though there is no precedent of the offence.

In light of the points I just made, I think it is clear that the Minister of Citizenship and Immigration's obstruction in the preparation of the response to my written question, Question No. 393, constitutes contempt and a breach of my privileges as a member of Parliament, which impeded by ability to discharge my parliamentary duties.

To make it easier for you, Mr. Speaker, I am submitting copies of written Question No. 393, the government's response and the document I obtained through the Access to Information Act. Mr. Speaker, if you find that there was a prima facie breach of my privileges as a member of Parliament, I will be prepared to move an appropriate motion at that time.

Protection of Canada from Terrorists ActGovernment Orders

November 5th, 2014 / 5:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I always appreciate the opportunity to share with members some of my personal thoughts and to express some thoughts and ideas from the Liberal Party.

It goes without saying that Canadians have a burning desire to see security measures in place that will allow them to feel safe in the communities in which they live, whether it is here in the parliamentary precinct or in communities throughout the country.

On that note, it would be a mistake not to pay tribute to all those individuals who put in the effort to make us safe. Whether it is the intelligence officers of CSIS, the RCMP, border patrols, or other policing agencies, there are so many individuals who play a proactive role in ensuring that we have a sense of security. I wanted to express my appreciation for that.

It is not easy to provide a 100% guarantee that Canada will never have to endure a terrorist attack. What we can do is work hard to prevent one, wherever possible, and adequately support the different agencies. In particular, today we are focusing on CSIS.

We can bring in new legislation, but at the end of the day, legislation is only one aspect. We have to challenge the government to ensure that it is putting in other types of resources to support the different agencies that are there to protect us. Whether the government is in fact doing enough can at times be called into question.

This is really the first opportunity I have had to comment on what we all experienced just a couple of weeks ago. In the days that followed, I happened to be on a flight to Ukraine. Whether it was at the airport in Frankfurt or in Ukraine itself, I saw our beautiful Parliament buildings on the news. What took place a couple of weeks ago made international news, as many people around the world were quite concerned about what was taking place in Canada. Constituents, family, and friends at the time also expressed a great deal of interest and concern and offered their prayers and best wishes.

As has been pointed out, from Sergeant-at-Arms Kevin Vickers all the way down, people did a phenomenal job, and they should all be applauded for their efforts in ensuring that there was minimal impact because of what took place.

We have heard some amazing speeches. There were political speeches from leaders and others who paid tribute to Corporal Cirillo, who ultimately made a sacrifice that has reached into the hearts and minds of all Canadians. I raise that because I want to put it in the context of Bill C-44.

The bill would do nothing to address the national security concerns related to the events in Quebec and Ottawa a couple of weeks ago. It would simply amend the present legislation to meet current CSIS practices and would expedite the CIC amendments in Bill C-24.

The government needs to explain why the provisions already in place in the Criminal Code have not been utilized in response to those individuals who represent a threat to this country.

The sections of the Criminal Code in question are section 83.181, relating to the laying of charges against an individual attempting to leave Canada to participate in terrorist activities; section 83.3, which could be used to place recognizance with conditions on those suspected of terrorist activities; and section 810, relating to peace bonds and possible detention.

I was intrigued by some of the discussions. One of the most interesting statements I came across was from the Minister of Public Safety on October 8 at the public safety committee. This is in regard to the 80 individuals who returned to Canada after having travelled abroad to take part in terrorism-related activities. This is what the minister stated to parliamentarians and Canadians at committee:

Let me be clear that these individuals posing a threat to our security at home have violated Canadian law.... These dangerous individuals, some skilled and desiring to commit terrorist activity, pose a serious threat to law-abiding Canadians.

This begs a number of questions with respect to whether we are acting on the current legislation that has been passed.

What would Bill C-44 actually do? There are three things I can detect. First, there would be protection for informants. I can appreciate why that would be necessary. Second, it would provide more clarity on the need for warrants. CSIS needs to investigate, and this legislation would provide more clarity with respect to warrants from judges to complete those investigations. Third is the issue of dual citizens. The House voted on this not that long ago, and it is being expedited.

The government needs to be aware of what is missing, and that is oversight. Oversight was mentioned today in questions.

In an hour, we will be voting on Bill C-622, an important piece of legislation. Bill C-622 was introduced by my colleague from Vancouver Quadra. She has done a wonderful job in recognizing the importance of parliamentary oversight. The government has been negligent on this issue, and I do not say that lightly.

What the member from Vancouver Quadra is asking of the government is already being done and is in place for our Five Eyes partners. In Australia, New Zealand, the United States, and the United Kingdom, it is already being done. They have recognized the value of having parliamentarians provide oversight.

I do not understand why the government is resisting that idea. This is not necessarily the first time, but it is definitely an opportune time for the government to recognize that the House of Commons and parliamentarians as a whole do have a role to play.

We hope that the Prime Minister will allow for an open vote on this issue. I would encourage the government to reflect, to seriously consider the benefits of accepting what the member for Vancouver Quadra, the Liberal Party defence critic, has put on the table for us today, and to vote for parliamentary oversight.

Oversight would go a long way in providing peace of mind, in many different ways. Oversight is a good way to ensure the protection of the rights of all Canadians. It is in our best interest, I would argue.

Parliamentary oversight is not just a Liberal Party proposal. As has been pointed out, our other partnering nations have already done this. Why would the government not respond in kind and recognize the value of oversight?

We in opposition recognize how important it is to provide protection for informants. It only stands to reason that there would be protection of informants, who provide critical, valuable information when a CSIS agent is doing an investigative report or conducting an investigation into the potential for some form of a terrorist act here in Canada or abroad. We have to depend on informants.

I have no sense of the actual number of informants out there, but I do understand and appreciate the need for us to protect them. In looking at this piece of legislation, we see that protection as a positive thing.

In terms of warrants and the need for warrants, again this concern does not come from any individual political party. Based on the discussions and comments I have heard here this afternoon and even previously, it seems there is virtual unanimity in recognizing how important it is that we provide additional clarity to CSIS as an organization and in terms of the role of warrants in ensuring that investigations are conducted in a proper fashion. There is an understanding that unusual circumstances come into play when terrorist activities and organizations are investigated.

As a whole, Canadians are very much aware of what terrorism is all about. We understand and appreciate that we are living in a very different world. Through the Internet and all forms of media outlets, we know there is a much higher sense of awareness. It is there and it is very real.

That, I believe, is one of the reasons that Canadians expect the Government of Canada to do what it can to ensure that they have a sense of security in the communities where they live, and I suggest many of my colleagues would concur. However, at the same time, there is an expectation that we will demonstrate leadership at the international level.

In bringing forward legislation such as we have before us today, it is very important that we consult with the different stakeholders and ensure that the legislation is, in many ways, a bit more inclusive in terms of having the right balance. I am not convinced that we have the right balance here. That is why, in my last 15 or 20 seconds, I would ask the government to recognize the importance that parliamentarians have when it comes to ensuring that Canadians feel much safer in their communities. Parliamentarians need to be, and should be, more engaged in the process. Whether it is oversight or whether it is parliamentary committees, we can make a difference.

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 12:35 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I feel privileged to rise in the House today to speak to Bill C-44, which was introduced by the Conservative government.

I would first like to say that I feel honoured to be able to participate in the Remembrance Day ceremonies to be held this weekend in Laval, which are being organized as part of a joint effort by the City of Laval and the Laval cadets and police force. It is extremely important for all parliamentarians to be present in their communities over the coming days for the Remembrance Day ceremonies.

Like every year, I will also be at Résidence Le Patrimoine on November 11 for a ceremony to honour our veterans, which is always very touching. We are lucky because a number of our World War II veterans live in that residence. Their presence makes the ceremony even more moving, and I am honoured to participate in it.

Last week, I participated in the ceremony held in Laval by the Correctional Service of Canada to pay tribute to correctional officers who died in the line of duty. This ceremony is always very emotional because the families are there and the correctional officers in attendance bring honour to the Correctional Service of Canada by extending their sympathy and showing their devotion to their deceased colleagues, whether they knew them or not.

I mentioned the Remembrance Day events because, as a result of the incidents that occurred on October 20 in Saint-Jean-sur-Richelieu and on October 22 here in Parliament, which affected all of my colleagues from every party, we felt a certain sense of co-operation between the various parties.

In this spirit of co-operation, the official opposition decided to support Bill C-44 so that it can be examined more closely in committee. I will come back to the details of Bill C-44 and the reasons why we want to look at it in committee. It is important to hold a debate, not only here in the House, but also in committee to make sure that we come up with the best law possible. That is why it is important that the parties work together.

The events of October 20 and 22 deeply affected Canadians. We, as parliamentarians, witnessed them firsthand but we felt as though all Canadians were behind us. When the incident occurred in Saint-Jean-sur-Richelieu on October 20, we also felt that all Canadians were behind our Canadian Armed Forces.

Words cannot express my appreciation for and my feelings about the incredible work that the constables and the RCMP did.

Top of mind are Kevin Vickers and his team of constables here at the House of Commons who take care of our safety every day.

I am also thinking of Constable Alain Gervais, who single-handedly blocked the NDP caucus room doors to protect us. It was an act of heroism, but he did it just because it is his job. We are lucky that nothing happened to him even though a bullet headed straight for him was blocked by the second door. We cannot thank Alain Gervais enough for leaping up to keep us safe.

My thoughts are also with Constable Son, who was at the front door of the Parliament building and gained precious seconds for his colleagues by grabbing the hunting weapon carried by the individual who entered Parliament. Unfortunately, he was shot in the foot, but he gave RCMP officers and Parliament Hill staff a chance to react, which they did in spades.

We are now studying Bill C-44 against that backdrop. However, it is important to point out that this bill is not a response to the events that took place two weeks ago, even though we cannot help but think about such events when studying this kind of bill. This bill is not a new law; it makes changes to existing laws.

Most of the subjects covered in Bill C-44 have to do with the Canadian Security Intelligence Service. We were supposed to debate this on October 22, so it had to be put off.

I would like to point out a few things about Bill C-44. Basically, it makes three important changes regarding the Canadian Security Intelligence Service and it is important to point them out here. First of all, it clarifies CSIS's legal authority to conduct security intelligence operations outside our borders in order to address threats to Canadian security. Second, it confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. Third, it ensures greater protection during legal proceedings for human sources that provide information to CSIS.

I would like to mention from the outset that we did have a briefing on Bill C-44. I would like to thank the Minister of Public Safety and Emergency Preparedness and the parliamentary secretary who attended that briefing. It was very informative, as it was extremely important for us to have more details on this bill. I hope this practice will continue in the future, because in order for us, parliamentarians, to be able to do our jobs, it is absolutely crucial that we have all pertinent information from our colleagues, regardless of party affiliation. We very much appreciated it.

At the briefing, when we talked about the clarification regarding the Canadian Security Intelligence Service and its operations abroad, we were told that they would still be subject to current Canadian laws and the Canadian Charter of Rights and Freedoms. I thought it was important to emphasize this point.

I must say that I still have a lot of questions about CSIS and that is why I very much look forward to welcoming public safety experts at committee to discuss this case in particular. However, there are other so-called minor changes to the Canadian Security Intelligence Service Act. Among other things, they would help protect the identity of CSIS employees who are likely to conduct secret activities in future. For example, there is mention of future undercover agents. Currently, only the identity of employees who are engaged or were engaged in covert activities is protected.

There is an example. There is mention of future undercover agents, but there is also specific mention of employees likely to conduct covert activities in future. I have a lot of questions about that point in particular because the definition is quite broad. What exactly is meant by this? Does this simply mean people who are training to become undercover agents? Are we talking about a person who, in a year or two, depending on senior CSIS officials, might be a candidate for becoming an undercover agent? Is that all that is included? Could this apply to anyone at CSIS? I look forward to getting more clarification on this because I believe this is a rather important point to which we are not paying enough attention.

Nonetheless, it is very important for the people who are engaged in undercover activities to be protected and I would like us to pay attention to that. I do not think that any party in this House is against that idea. It is important to say that.

There is another surprise in this bill. This may be a five- or six-page bill—I hope I have this right—but unfortunately it still is an omnibus bill. It is true that most of the things we are legislating in Bill C-44 have to do with the Canadian Security Intelligence Service, but there is a small item that amends the Citizenship Act to fast-track the revocation of Canadian citizenship in the case of dual citizens who are linked to terrorist activities and other serious offences, as provided for in Bill C-24, which received royal assent on June 19, 2014.

I really do not understand why that provision is in this bill. We tried to obtain more information at the briefing, but, unfortunately, we were unable to determine exactly what the link is between CSIS and Bill C-24, which was passed. I hope that the government will respond and explain why it wants to include that provision in Bill C-44. I would also like to see the bill go to committee and have experts tell us what the inclusion of this provision in Bill C-44 will bring to CSIS.

I listened to the speech by the Minister of Public Safety and Emergency Preparedness. I agree with him on several points, but not on how we should do things. He spoke about radicalization in Canada, and that is a very important point. As parliamentarians, we must ensure not only that we have the appropriate tools in place, but also that we have the people required to counter radicalization in Canada. That is what we have been asking for on this side of the house for several months. Today, the government seems to be more open-minded about that. I am very pleased to hear it.

The minister talked about preventing threats and responding to them. Once again, this is consistent with efforts to combat radicalization within the country. I am eager to see what he will propose here, because he talked about other measures. What are these other measures? There are a lot of questions about this. We have heard a lot about tools to combat radicalization or to combat terrorism, but what exactly does that mean? Do the RCMP and CSIS, for example, or still the Canada Border Services Agency, need more tools and personnel?

This brings me to a topic that may be a sore spot for my colleagues. We do not seem to agree on some aspects of the budget, and I want to mention that in my speech. One aspect concerns the cuts being made to Public Safety Canada, which affect the Canada Border Services Agency, the Canadian Security Intelligence Service and the Royal Canadian Mounted Police. We are very worried about this because these cuts will affect many things, including the Correctional Service of Canada and the budgets of our police forces in Quebec, for example for the Eclipse squad, which works to combat street gangs. However, that is a whole other subject and I will focus on the cuts in the first three cases I mentioned.

Why is this important? Because those cuts had an impact on very real jobs. In 2012, the government announced $143 million in cuts to the Canada Border Services Agency alone. Unfortunately, when there are cutbacks of that magnitude, jobs have to be cut somewhere. Of course, personnel can be shuffled, but at some point there is no wiggle room left and something has to give.

Unfortunately, the Canada Border Services Agency had to eliminate about 100 positions. It should be noted that those 100 jobs were part of the agency's intelligence service. Those employees shared important information with our various international allies, and that included information about allegedly radicalized individuals who were travelling abroad. It is crucial work. There is talk of radicalization, and Conservative government ministers are talking about preventing people from fighting overseas and revoking passports. If there are no people to use those tools—as the individuals in those 100 abolished positions would have done—it is a very serious issue. We need to act on this. If there is talk of reinstating those positions, I will be more than happy to hear what the Conservative government has to say.

The RCMP's budget was cut by approximately $200 million, $195.2 million to be exact.

The Canadian Security Intelligence Service lost about $25 million, and the inspector general's office, which was so important for overseeing what was going on, was also abolished. There is a lot of talk about security in relation to civil liberties, but they abolished this CSIS office. That is extremely sad.

Unfortunately, at the Border Services Agency, they eliminated 19 teams of detector dogs, sniffer dogs that find weapons and drugs at our borders, for example. Nineteen of those positions were eliminated. That is extremely important.

Canine units came to Parliament Hill during the events of October 22. They were among the first to arrive, right after the RCMP and the constables. The canine unit was mobilized. If the government cuts 19 canine unit positions from our Border Services Agency, that will surely have an impact on the services provided and our public safety and national security. That is an extremely important point.

One other thing really caught my attention, and I really want to talk about it in the House today. The Department of Public Safety released what is called a report on plans and priorities for 2013-14, which announced cuts, particularly in the area of public safety. I would like to read part of it, if I may.

The department itself stated as one of its risks:

That the Government Operations Centre (GOC) infrastructure may be unable to support a coordinated response to large-scale or multiple significant events affecting the national interest

That is extremely serious, and according to the report, it is directly related to the cuts to public safety and national security. I hope that the Conservative government will take the time to read that report. It is rather disturbing that it makes a direct correlation between the cuts to public safety and something that could endanger our national security and the fact that we would not likely be capable of responding to multiple attacks or a large-scale generalized attack on our country. I believe that we need to consider that.

I would also like to mention a few other little things. As I indicated at the beginning of my speech, we are starting from the premise that everyone wants to work together to ensure that we have the best laws possible. What is more, we want to ensure that the committee does the necessary work and does it properly. I understand that these laws need to be implemented and that we cannot wait forever. However, we need to get the advice of experts on this bill because it raises a lot of unanswered questions. Given that the bill amends a few laws, the people who will be using this legislation need to tell us what impact those changes will have on their work.

I also sincerely hope that the members of the Standing Committee on Public Safety and National Security from different parties will be able to work together in a spirit of co-operation. When it comes to national security, as is the case here, there is no room for partisanship. It is extremely important that we work together and do our job as effectively as possible in committee.

I can assure the House that I will be happy to work with all of the parties represented on the Standing Committee on Public Safety and National Security to make the best laws possible. That has always been the case, but I will take that job even more seriously when it comes to Bill C-44.

In this spirit of co-operation, I sincerely hope that the Conservative government will not move any time allocation motions regarding this bill. I just wanted to mention that.

It is important to point out that we still have many unanswered questions. We want the parties to co-operate in order to make sure that we have the best laws possible. We support this bill at second reading but there are still a lot of grey areas.

In closing, I would like to mention that it is very important to strike a balance between public safety and civil liberties.

That being said, I still have a lot of things I would like to say about this.

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 12:05 p.m.


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Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister of Citizenship and Immigration

Mr. Speaker, I am pleased to rise today to discuss this very important piece of legislation, legislation that is timely, that is consequential, that will help the House and this government uphold its principle duty to Canadians, which is to ensure their safety and to protect them from threats that we know to be all too real.

The protection of Canada from terrorists act gives our security agencies the vital tools they need to keep Canadians safe. So far in the debate, we are pleased to see the emerging recognition from parties opposite that these tools are needed, that they are part of our national response to the threat of terrorism and that it is time we took action to make sure that the agencies on which we rely to carry out that duty on behalf of government, on behalf of our democratic institutions, have these tools available to undertake the reasonable activity required to, once again, keep Canada and Canadians safe.

Before I begin my remarks on the substance of the legislation, let me remind us all once again why these measures, which were contemplated long before the attacks of last month, are doubly warranted and doubly relevant given the events that occurred at the National War Memorial and in our Hall of Honour just steps from where we are today.

Those events are a reminder that ISIL and other terrorist groups are a very real threat to Canadians. That is why we are taking part in air strikes against ISIL this week. That is why we are supporting the security forces of Iraq in their fight against the scourge of terrorism. All of these measures go together to ensure that Canada and Canadians are kept safe, that we work in concert with allies and partners in NATO and in the region to ensure that this threat that is principally victimizing the people of Iraq and Syria does not become an even greater threat to them or to our population further afield.

It is also the reason why we are working with great determination to strengthen the tools, to strengthen the effectiveness of the tools already available to police, to the intelligence community in the areas of surveillance, detention and arrest. The legislation before us today is just the first step in our efforts to do that and as the Prime Minister has been clear, so are we all clear on this side of the House that we will not overreact to these events. We will not be intimidated by ISIL or any other group, but at the same time, Canadians want us to stop under-reacting to a threat that is indeed very real.

Section 83 of the Criminal Code of Canada defines terrorist activity as an act committed for a political, religious or ideological purpose with the intention of intimidating the public and that intentionally causes death or serious bodily harm to a person by the use of violence or disrupts an essential service, facility or system.

Given that definition, I think we can all agree that last week in late October, Canada was a victim of terrorist attacks. This was the view confirmed in the immediate aftermath of those attacks by Bob Paulson, Commissioner of the RCMP. It was shared by the U.S. Secretary of State John Kerry during his visit shortly after the attacks. He said, “...anybody who walks up in a premeditated way with a loaded rifle and attacks someone in uniform then purposely goes to a parliament, is committing, by common sense standards, a terrorist act”.

Unfortunately, we still have the leader of the NDP on record disagreeing with this assessment, despite the fact that it was reinforced yesterday by another important visitor to Canada.

The President of the French Republic had no doubt about the nature of the terrorist attacks two weeks ago. We agree with him and are grateful for the show of solidarity from France, other European allies, the U.S., and dozens of other countries that recognize that the acts committed here in Ottawa two weeks ago were related to terrorism.

I would like to quote a recent Toronto Star editorial on the leader of the NDP's position. It states:

Most people grasp it instinctively—what occurred last week and the ongoing risks in our midst. That NDP Leader Tom Mulcair cannot admit this, even now, drawing an irrational, pedantic distinction between the deadly attack in Ottawa and a terrorist assault, reflects abysmally on his judgment and aspirations of political statesmanship.

That is a strong statement coming from a newspaper that I, for one, do not often quote in this place. I think it speaks for itself.

Ambiguities in the CSIS Act have been impeding the ability of our national security agencies to investigate threats to the security of Canada. The bill would address these problems by confirming that CSIS has the authority to conduct investigations outside of Canada, confirming that the Federal Court can issue warrants for CSIS to investigate targets outside of this country, giving the Federal Court the authority to consider only relevant Canadian laws when issuing warrants for CSIS, and creating automatic protections of the identities of CSIS employees who may engage in clandestine operations.

The bill would also make technical amendments that would allow our government to seek quicker implementation of the new citizenship revocation provisions under the Strengthening Canadian Citizenship Act, the former Bill C-24, which received royal assent earlier this year on June 19. While it is important to ensure that citizenship revocation provisions come into force as soon as possible, the pith and substance, the main motive for the legislation, relates to our national security agencies.

Let me remind the House that there are three challenges being met. The first is to clarify that for greater certainty CSIS may perform its duties and functions within or outside of Canada. It has been doing this since its foundation, but as we all know, there has been an inability, particularly in recent months, for it to fully execute those functions outside of Canada to the degree required by its mandate to counter threats to Canada, above all, the threat of terrorism.

It would also clarify that the courts may issue warrants for certain investigative activities within or outside Canada and for that purpose, warrants may be issued without regard to the law of a foreign state. In other words, these warrants would be in full conformity to Canadian law, the Charter of Rights and Freedoms, all aspects of our legal system, but not necessarily with regard to the law of a foreign state.

Second, the legislation would create a statutory prohibition on disclosure of identities or information from which identities could be inferred of individuals who provide CSIS with information in return for a promise of confidentiality. In other words, we need to ensure in this day and age that those in a position to provide the most sensitive information, the most time-sensitive information, information of the highest delicacy, can do so safely and have their identities protected under our legal system.

Third, the CSIS Act makes it an offence to disclose the identities of CSIS employees who are or were engaged in covert operational activities. The legislation would expand this protection to also cover CSIS employees who are likely to become engaged in such activities, making it possible for those recruited to do these jobs, being trained to do these jobs, being retasked to do these jobs, to have their identities protected as well.

All of these changes, as I think the House now understands, are vital to the protection of our national security. They would help stop individuals from travelling for terrorist purposes, especially given recent global events. Our government remains seized, like dozens of other governments around the world, with the issue of foreign fighters, individuals from Canada, from our European partners, from the United States, from the Middle East itself, travelling to places such as Iraq, Syria, Somalia or Pakistan, which is still well known, unfortunately, as a training ground for Sunni extremist terrorist groups, to engage in terrorist activities.

These individuals often pose a direct danger to the countries where they are operating. Any country that has experienced terrorist violence on a large scale, as is the case, obviously, for Iraq and Syria, but also for Pakistan, Somalia, Libya, many countries of the Maghreb and even sub-Saharan Africa, fall into this category. They, too, have the threat of terrorist training, recruiting, financing of terrorist activities in their territory and of foreign fighters flowing into their borders to join those training efforts and that fight.

This bill would update the CSIS Act to allow our intelligence community to operate and investigate threats to Canadian national security much better. It would clarify the investigative functions under sections 12 and 15 of the CSIS Act within or outside of Canada.

Keep in mind that section 12 already authorizes CSIS to investigate threats to Canada's security, and terrorism is very high if not continuously at the top of the list in terms of those threats.

Section 15 relates to the security assessments that CSIS performs for departments like mine to allow us to take responsible decisions about visa issuance and to prevent foreign fighters, terrorist kingpins, those who have been involved in terrorist violence or committed atrocities abroad from coming to Canada either as visitors or permanent residents.

The bill would also clarify that the courts may issue warrants for investigative activities, once again, within or outside Canada but without regard to the law of a foreign state.

Indeed, if there is one central advantage to this proposed legislation, strength in this legislation, it is that it will help our government meet its security priority of securing convictions for those who engage in terrorist activity. This is the solution to the global phenomenon of terrorism. These people and groups need to be fought, as we are fighting them in Iraq, but they also need to be brought to justice not only in Canada but in all the states where these crimes are committed.

As members know, in May 2014, the Supreme Court of Canada upheld the constitutionality of the security certificate process in a decision on the case of Mohamed Harkat. This helped to show that we could gather evidence in a way that would allow it to be used in court proceedings without compromising operations.

However, as part of this decision, the Supreme Court also found that, unlike police informers, the identity of CSIS sources were not automatically protected from disclosure. CSIS obviously relies heavily on such information from human sources. Without such assurances, human sources may simply stop co-operating with CSIS, stop-co-operating with Canada, and we would operate blind and open ourselves to threats that we would have a duty to combat.

To address this issue, the bill would create a statutory prohibition on disclosure of the identities or information from which the identities could be inferred of individuals who provided CSIS with information in return for a promise of confidentiality.

As with all of our legislation, this act would continue to respect the Canadian values of individual rights and the rule of law. All of the investigative activities of CSIS must take place in accordance with its mandated authorities under the CSIS Act, the Charter of Rights and Freedoms, ministerial direction and internal policy.

When threats demand more intrusive investigative measures, the service requires judicial authorization for each and every one of those activities. CSIS is also subject to a full review by the Security Intelligence Review Committee, which has access to all information held by the service.

We have heard the Liberals and others call for more oversight or review by parliamentary committees. However, the issue at hand today is not whether CSIS is carrying out its mandate in accordance with the law. There is no evidence of CSIS not having done that. Our supervisory process is working well in our view and in the view of independent third parties that assess that performance. The issue is whether CSIS has the mandate, the authority under the law to perform its mandate, which is to keep us safe from threats to our national security, including terrorism.

The bill would also speed up the process of implementing legislation to revoke citizenship of dual nationals engaged in terrorist activities or who would engage in combat against the Canadian Armed Forces.

I am struck, as the Minister of Immigration, by the contrast between the approach of the opposition parties to this issue in April/May of this year, when we debated Bill C-24, and their approach today, which seems to be much more accommodating of the idea that Canadian citizenship be allegiance to our institutions, the willingness to uphold our laws and fulfill one's duties as a Canadian citizen. This is incompatible with taking violent action to murder people or commit bodily harm in the name of an ideology or political agenda that seeks to intimidate the whole population. That is why we brought forward these measures to revoke citizenship in cases of gross acts of disloyalty. We are pleased to see support for this idea growing on the opposition benches.

These proposed provisions will also provide the Federal Court with the authority to revoke Canadian citizenship from dual citizens for membership in an armed force or organized armed group engaged in armed conflict with Canada. Today, that would include ISIS. It is both a terrorist group and an armed group engaged in conflict with our forces now in combat in Iraq.

These provisions would bring Canada in line with peer countries, such as Australia, the United States, United Kingdom, New Zealand and the vast majority or our allies in NATO and beyond, by providing that citizenship could be revoked under very strict conditions from dual nationals convicted of terrorism, high treason, spying offences or who take up arms against Canada.

This underscores our commitment to protecting the safety and security of Canadians, but also to promoting Canadian interests and values. They also reinforce the value of Canadian citizenship.

The amendments on the revocation of citizenship are merely technical. There is no cost to pursuing these amendments as a revocation decision-making model is more efficient and less costly to the government.

While we are adding grounds to revoke citizenship upon conviction of dual nations for terrorism, treason or espionage, we have long had the power, and the House has supported it, to prevent terrorists, criminals, those who would do harm to our country and those who embrace violent ideologies from becoming citizens. Indeed, if they acquire citizenship without disclosing a terrorist affiliation and that comes to light, we have had the power to revoke that citizenship on the basis of misrepresentation

Now we are simply adding a power to revoke on the basis of a terrorist conviction, a much more serious and much higher threshold of proof of terrorist activities, all of which hangs together very coherently. All of these provisions will work together to keep Canada safer.

Last, I would like to emphasis the oversight of our national security agencies. The security intelligence review committee provides a robust and comprehensive review of CSIS. The recent annual report shows, once again, the level of access it has to all aspects of CSIS operations. It plays a key role in ensuring our national security agencies are held fully and publicly to account. CSIS is reviewing the latest recommendations and will implement those that will keep Canada safe, while protecting the rights and privacy of Canadians.

I see my time is drawing close, and I would like to leave all members of the House with key points to consider before voting on this important legislation.

First, Canada is a beacon of freedom and opportunity in a turbulent and uncertain world, a world that in recent years has become more violent, especially in the Middle East and especially because of the escalating conflict in Iraq. For that very reason, those who despise freedom and democracy, those who reject modernity, who reject our way of life, who reject the very idea of the prosperity we have so painstakingly built in our country, want to cause harm and wreak havoc on Canada and Canadians.

I can say this first hand, as 40,000 of our fellow Canadians who served in Afghanistan can tell the House and all Canadians, that these threats are real. They were in control of Afghanistan before the fall of the Taliban. They remain all too present and dangerous a reality in Iraq and Syria today.

The threat of domestic terrorism is heightened to a point that we have not seen in many years. The bullet holes in the Hall of Honour stand as a sober reminder of this threat. In light of this reality, it is important we take the steps provided for in this bill as quickly as possible.

Second, it is important to remember that in doing so we will respect the Canadian values of individual rights under the rule of law, while ending the practice of under-reacting to the terrorist threat.

Our freedom and our commitment to the rule of law are not an either or choice and are not choices that are mutually exclusive. We choose to be free as Canadians and to work for freedom in the world by having a standard of the rule of law in our country that is second to none. These measures will help to keep it that way.

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 12:05 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, we were somewhat surprised and shocked to see this section. It is identical to the section in the Strengthening Canadian Citizenship Act that was passed, Bill C-24, so we were surprised to see that in here.

We opposed that particular aspect earlier in Bill C-24. We are seeing it appended to this particular bill. The minister explained that it is in here to enact it earlier. I said to the minister, and I said it to the Minister of Citizenship and Immigration as well, that we would like to see a legal opinion from the government that shows that this particular section would stand up to the charter, because we certainly do not believe that it will. We are asking for that.

I have no problem at all with the idea of the member splitting that out of the bill. It seems misplaced in a bill that is dealing with CSIS and the authority of CSIS, so we would certainly be open to that option.

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 12:05 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank the hon. member for Malpeque for his speech.

I unfortunately did not retain everything that he said. Nevertheless, I have a question about Bill C-44. It is a short bill, only five or six pages long. However, I am sad to say that it is an omnibus bill. While the majority of the bill focuses on CSIS reforms, that is not the only thing included in this bill. In fact, there is one part that has nothing to do with the rest of the bill. It proposes moving up the effective date for Bill C-24, which is about revoking dual citizenship.

I have already heard the hon. member talk about this, so I know he is somewhat upset by it. What would he think of splitting this bill in two or removing that part of the bill? In his opinion, what is the best way to deal with this part of the bill?

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 11:35 a.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-44, an act to amend the Canadian Security Intelligence Service Act and other acts. It is a bill the government really had to introduce following two adverse court rulings on the activities of CSIS.

In beginning, I want to just spin off a little of that last question and answer. I would speak directly to the minister. I would hope, in this instance, given the concern about the balance between national security and civil liberties, that the minister would push the committee to allow a full list of witnesses, not the kind of stacked list we get sometimes from the Conservatives, and a full hearing, an in-depth hearing, so the committee can do its proper job and come back with the best legislation possible. I support the point raised a moment ago by my colleagues.

There are some serious questions related to the provisions in Bill C-44 that need to be raised when the bill is before committee, and we intend to raise those questions and those concerns at that time.

The Liberal Party will be supporting this bill going to committee. However, I hope that the committee is really allowed to do its job and get in the proper expert witnesses and have the proper balance so that we can come back with the best legislation possible.

We have to look not just at this bill but at CSIS and its connections to the RCMP, CSEC, Canada Border Services Agency, and our allies we work with abroad.

There are three points I would like to raise specifically on this issue and this bill. One is tools. The minister is suggesting that this bill provides more tools, but there are really not many.

The second area is resources, the financial, human, and technological resources, for CSIS to do its job.

The third area is oversight and the need for proper oversight, and not of just CSIS. We have after-the-fact oversight, but there really needs to be parliamentary oversight of all our national security agencies. I will talk about that in a moment.

Before looking at the specific provisions in Bill C-44, it is necessary to place on the record our concern about the government's response to the terrorist threat to Canada and from within Canada. I would begin by asking the government a direct question. Why is it that the legislation currently in place, the provisions in the Criminal Code, some of which were put forward by the government in the Combating Terrorism Act, have not been utilized?

On October 27, in the House, the Minister of Public Safety admitted that the response of his office and his government to the threat represented by homegrown terrorists was not quite what it should be. According to the minister at that time, it is “time we stop under-reacting to the great threats against us.”

Yet the government still fails to act. I submit that it possesses the necessary tools to react. In fact, under section 83.181 of the Criminal Code, there is all kinds of authority for anyone who “leaves or attempts to leave Canada” for the purpose of participating in any activity of a terrorist group outside Canada.

There are four different sections there. The penalties are maximum terms in prison of 10 to 14 years, depending on the severity of the act.

The Minister of Justice stated publicly last week that the laws currently in place to combat a terrorist threat are “robust measures” that provide the police with the tools necessary to take action in response to a terrorist threat. The minister specifically referred to sections 83.3 and 810 of the Criminal Code, either of which would enable authorities to detain individuals under the provisions of a peace bond and could impose specific recognizance on individuals. In other words, action to limit certain individuals from taking action could be imposed. I ask the minister why those provisions have not been utilized.

The Minister of Public Safety has to this day failed to clarify a statement made before the public safety committee on October 8 with respect to the 80 individuals who returned to Canada after travelling abroad to take part in terrorist-related activities. He stated:

Let me be clear that these individuals posing a threat to our security at home have violated Canadian law....These dangerous individuals, some skilled and desiring to commit terrorist activity, pose a serious threat to law-abiding Canadians.

The minister also reconfirmed the following at committee:

...leaving or attempting to leave Canada to participate in terrorist activities is now a criminal offence.

The minister is quite correct on those points. There is authority under the Criminal Code to act. I have to again ask the question: Why has the government not acted with those authorities that are already there? Those authorities would not be changed in this particular legislation, other than confirming in law what CSIS already does.

I ask why section 83.181, which states that “Everyone who leaves or attempts to leave Canada” for terrorist acts abroad, is not being applied. It certainly was not in the case of the individual involved in the murder of the Canadian Forces member in Quebec earlier this month. According to public information, that individual had his passport revoked on the grounds of attempting to travel to Syria or Iraq to join known listed terrorist entities.

According to testimony by the Commissioner of the RCMP to the Senate national security committee on October 27, this individual was known to authorities to have intended to use his passport to leave Canada for Syria or Iraq to participate in “jihad”, yet the commissioner confirmed that the evidence the authorities had of this intent, while enough to have his passport revoked, was not enough to lay a charge. I ask the minister, and maybe he can answer this at committee, whether this bill will correct that shortcoming. I personally do not see it in the legislation, but I would ask the minister and his staff to come prepared to answer that question. Would this legislation correct that shortcoming the RCMP Commissioner seems to have outlined? We really do not know as yet, because the minister has not been specific on that point.

A great deal has been said by members of the government with respect to the provisions of the Combating Terrorism Act, which came into force in 2013. According to the Parliamentary Secretary to the Minister of Public Safety, one individual has been charged under the provisions of the Combating Terrorism Act. The minister confirmed, as well, when he testified before the public safety committee on October 8, that only a single individual has been charged under the Combating Terrorism Act.

However, what neither the minister nor the parliamentary secretary bothered to tell Canadians was that the single individual charged had left Canada six months prior to the charges being laid, and that individual's whereabouts are still unknown.

Could one of the reasons these provisions in the Criminal Code have not been acted upon be the limited resources available to our security and intelligence services? That was mentioned in a previous speech. What good are legal sanctions if our security agencies cannot utilize them? If the reason is that the current government has been starving those agencies' critical resources, who is responsible for the security failure?

I would submit that in many things that the current government has been doing in the last two years, it has been blindly focused. Good government requires it to provide services, security, and financial resources, and yes, it has to establish priorities. However, part of the problem with the current government is it is blindly focused on getting as huge a surplus as possible so it can throw out election goodies. Is part of the cost of doing that starving CSIS and the RCMP of the funds necessary to do their job? I really do not know, but it looks that way. Good government cannot be blindly focused just on achieving a surplus to provide goodies at the next election; it has to be focused on the needs and the services of Canadians. I see that as a problem.

There is another issue beyond this bill that the government must respond to, something that does not require legislation but requires the Minister of Public Safety and Emergency Preparedness simply to do the job assigned to him. The most recent annual report of the Security and Intelligence Review Committee, the only oversight body for CSIS, raised a number of troubling concerns. The Commissioner of the RCMP told the Senate national security committee on October 27 that there were now 93 individuals identified as high-risk travellers. The director of CSIS informed the public safety committee on October 8 that there were 80 individuals who have returned to Canada after having engaged in terrorist activities abroad, and CSIS knows where they are.

The problem there is that in terms of the RCMP doing its job, Commissioner Paulson said before a committee:

...we are reallocating the necessary funds and personnel from other priority areas to combat this threat. In recent months, and over the past week, over 300 additional resources were transferred in to enhance the capacity of INSET [Integrated National Security Enforcement Teams] from other federal policing priority areas such as organized crime and financial crime.

That tells me that the RCMP is indeed short of resources.

The deputy director of CSIS told the same committee on October 20:

...we work within the budget that is assigned to us. We do have to prioritize.

I would be foolhardy to say we have all the bases covered. We do what we can with the budget we have, sir.

There are clearly some concerns over financing.

There is another problem that the minister can deal with as well, and that is the operational mandate within CSIS. The most recent SIRC report, entitled “Lifting the Shroud of Secrecy: Thirty Years of Security Intelligence Accountability”, the annual report for 2013-14, said the following on page 16:

With surveillance teams spread across Canada all sharing identical job functions, SIRC expected to see solid communication among surveillance practitioners. Instead, SIRC found that, for the most part, regional surveillance teams operate in total isolation from one another and communicate only sporadically with their HQ counterparts.

That is worrisome, because if CSIS is not communicating properly within regions and between regions and headquarters, there is a serious problem. That is something that the minister can deal with.

The other point in the report that I just mentioned—and I am pretty sure that the minister knows this—is that at page 19, SIRC also found that with respect to the activities of CSIS:

...the Minister of Public Safety is not always systematically advised of such activities, nor is he informed of them in a consistent manner.

Those are two areas the minister can deal with without needing a bill. The minister just needs to ensure that the job is getting done within his own department.

The government has placed within Bill C-44 the enactment provisions of Bill C-24, which the minister talked about earlier. Bill C-24 would revoke the citizenship of dual nationals. We are concerned about that. The minister said in his remarks that it is included so as to enact that section faster. In an earlier question for the minister I said, and I will say again, that it is not enough to have something in legislation; it has to stand up to the courts. Some of us are concerned that this section just may not do that.

If the government, RCMP, CSIS, and other authorities are spending a lot of time on that particular area of taking away dual citizens' citizenship, it needs to be time well spent. I asked the minister to provide legal opinion to the committee to show that it is, in fact, charter-proof.

In an earlier question to the minister, I also raised the point that there is fairly strong wording in this particular bill. Subclause 8(2) reads:

Without regard to any other law, including that of any foreign state, a judge may, in a warrant...authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada.

This would basically allow for a warrant to be issued to allow agents to break the law in a foreign country. We have checked the wording extensively, and similar wording is not found in the relevant legislation of our Five Eyes counterparts. I ask the minister why we need that specific wording when other countries do not, and I hope he could report the answer to committee,

An important part of the legislation deals with protecting our sources and informants abroad. At committee we would want to have more specific information on that aspect and know how it would be accomplished. I look forward to the government providing that information to the committee.

I will move on to the last point that I would like to make. I said first of all that I would deal with tools, resources, and oversight. One of the major shortcomings of this bill is the fact that the government did not bring accompanying legislation to provide proper parliamentary oversight to all of our national security agencies in Canada, as is done by all of our Five Eyes counterparts.

My colleague, the member for Vancouver Quadra, has a private member's bill, Bill C-622, as one option that the government could consider. I have a private member's bill, Bill C-551, which could be considered.

To find the balance between national security, civil liberties, and individual rights and freedoms in Canada, the government should be bringing in accompanying legislation that provides that parliamentary oversight. On the one hand, it would ensure that the agencies are doing their jobs, and on the other, it would ensure they are not going too far and violating the civil liberties of Canadians.

Protection of Canada from Terrorists ActGovernment Orders

November 4th, 2014 / 10:35 a.m.


See context

Lévis—Bellechasse Québec

Conservative

Steven Blaney ConservativeMinister of Public Safety and Emergency Preparedness

moved that Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, be read the second time and referred to a committee.

Mr. Speaker, I rise in the House today to begin debate at second reading on Bill C-44, the protection of Canada from terrorists act. I hope that our government can count on the opposition parties' support to get this bill to committee.

I would like to start by thanking my colleagues from all parties who went to the National War Memorial this morning, especially my colleague here, the member for Vaughan and Minister of Veterans Affairs, to lay wreaths in tribute to the two soldiers who lost their lives in recent weeks.

All of my colleagues remember what happened. On October 22, we all witnessed events that shocked us in some way. I would like to join my voice to those of my colleagues from all parties who went to the National War Memorial this morning and extend our thoughts and our prayers to the families of Warrant Officer Patrice Vincent and Corporal Nathan Cirillo.

On Saturday, I had the privilege of being in Longueuil to attend the funeral for Warrant Officer Patrice Vincent. His twin sister gave us a message of hope and peace, but she also asked us to ensure that her brother's death would not be in vain. Today, as parliamentarians, we have the opportunity to begin a debate on a bill that will ensure better protection for our country.

Before I begin the substance of my discussion today on this important legislation, I would like to address the horrific terrorist attack that happened just steps from where we stand today and make sure that we are all starting from the same point when we talk about what happened. It is important that we agree, for the sake of clarity, on what took place recently. That is why I would like to refer members to the Criminal Code, which defines terrorism as a violent and intentional act that aims to intimidate the public for political or religious reasons.

The Criminal Code defines terrorism as an act committed for a political, religious or ideological purpose, objective or cause with the intention of intimidating the public.

The two acts that were committed here—the attack on Warrant Officer Patrice Vincent in Saint-Jean-sur-Richelieu and the attack on Corporal Nathan Cirillo—fit within the definition of terrorism.

That is why President François Hollande said yesterday that these acts were terrorist-inspired. That is why the U.S. Secretary of State, John Kerry, said that when someone attacks an unarmed soldier guarding the Tomb of the Unknown Soldier and then storms Parliament with a loaded weapon, that is also an act of terrorism. That is also how it is defined in the Criminal Code.

I hope all parties will recognize that these acts were terrorist acts. We should call a spade a spade. Then we will be able to come up with solutions together to deal with the challenges we face.

Clearly, the terrorist acts committed here also have international repercussions. The Islamic State poses a threat not only to Canadians, but to populations in other countries that are being brutally suppressed and whose fundamental human rights are being violated.

That is why we are part of the coalition that is currently conducting air strikes against that terrorist group and why we are supporting the security forces in Iraq in their fight against this terrorist scourge.

However, we also need to take action within our borders, in Canada, to protect Canadians from anyone who might try to attack us, our values or innocent victims.

That is also why we are so determined to strengthen the tools available to police and the Canadian Security Intelligence Service when it comes to surveillance, detention and arrest. Bill C-44, the protection of Canada from terrorists act, which we are starting to debate today, is a first step in that direction.

We took action a long time ago. We are moving forward strongly, because we are facing a serious terrorist threat, one that we must address with strong measures.

As a government, we have already taken strong action to protect Canadians from the threat caused by terrorists.

Our government's response is based on Canada's counterterrorism strategy, which is a four-pillar approach. The first pillar, which is very important, is prevention. It is important that we promote and share our Canadian values with everyone, with every Canadian. That is why we are investing in numerous prevention measures involving police services, community groups and the government itself. My predecessors and I have engaged with ethnic and cultural communities, including at the cross-cultural roundtable. That is the first pillar. Then, we need to prevent, deny and detect individuals who may pose a threat, prevent them from taking action and, finally, respond to the threat if necessary.

Now we are dealing with another phenomenon: extremists who travel abroad and those who come back to Canada. That is a source of concern for us, which is why we intend to propose other measures in addition to the bill being introduced today.

Whether it is through legislation, policy, or investment, our government has taken strong action to give law enforcement and national security agencies the tools they need to keep us safe.

We have given law enforcement new tools by making it a crime to go overseas to engage in terrorist activities. We have given authorities tools to strip Canadian citizenship from those engaged in terrorist activities.

We have increased funding for our national security agencies, such as the RCMP and CSIS, each by a third.

We brought in the Combating Terrorism Act. We are prepared to revoke the citizenship of individuals who have dual citizenship and are convicted of acts of terrorism. We are also prepared to revoke the passports of individuals who want to incite violence outside our borders. Since 2006, we have increased the budgets of the Royal Canadian Mounted Police and the Canadian Security Intelligence Service by more than one-third.

In practical terms, that means an additional $191 million for CSIS over the level that existed under the previous Liberal government.

Canada's counterterrorism legislation has been tried, tested and embraced by the highest courts.

Not only is law enforcement responding to the law we have put in force but the tribunal is as well by giving harsh sentences to those who are convicted of terrorist activities.

For example, Canada successfully prosecuted terrorism-related offences in the cases of Mohammad Momin Khawaja, alias Namouh, and 11 members of the so-called Toronto 18.

In July, Mohamed Hersi became the first Canadian convicted of attempting to travel abroad to join a terrorist group.

We tabled and implemented the Combating Terrorism Act. This act brought in important new criminal offences, including making it illegal to leave or attempt to leave Canada in order to commit certain terrorism offences outside Canada. This past July, the RCMP laid its first charges under the new act against an individual for leaving Canada to take part in terrorist activities. The bill is working. We need to take action to keep Canadians safe from terrorists.

Shockingly and unfortunately, we did not get support from the official opposition at that time for that common sense legislation. Hopefully this time we can count on their support and we can move the bill forward.

The government's terrorist listing also plays a key role in combatting terrorist financing, and under the Criminal Code, being listed has serious consequences, allowing for the seizure, restraint or forfeiture of a listed entity's property.

Again yesterday, we saw that another group was declared a terrorist entity. In other words, it is absolutely illegal in Canada, under the Criminal Code, to support or want to finance or associate with this entity. All the activities of this entity are prohibited in our country.

In April, we added IRFAN-Canada to the list of terrorist entities. IRFAN-Canada is a not-for-profit organization that transferred roughly $14.6 million in resources to Hamas, a terrorist entity that is on the Canadian list.

These measures help interrupt the flow of resources such as funds, weapons and new recruits to these entities. We also employ various mechanisms in order to deprive terrorists of the means and opportunities to carry out their activities. These mechanisms include the High Risk Travel Case Management Group, led by the RCMP, which is especially busy these days, and the revocation and suspension of passports of travellers who want to engage in terrorist activities abroad.

The prevention of violent extremism is a key element of our approach. I would like to share with you the important work accomplished in that regard. Preventing violent extremism is a key component of our strategy. At this time, I would like to commend the Canadian Association of Chiefs of Police, which has identified radicalism and radicalization as an area of concern, and which plans to examine this issue at its upcoming meetings and next year.

Our approach, “Responding to Violent Extremism”, is outlined in a document entitled 2014 Public Report On The Terrorist Threat To Canada. It is based on three interrelated strategies: building community capacity, which equates to prevention; building law enforcement capacity, which this bill will do by clarifying the powers of the Canadian Security Intelligence Service; and developing programs to stop radicalization resulting in violence through proactive early intervention. We must remember that preventing terrorism is our national security priority.

The counter terrorism information officer initiative, which is an RCMP responsibility, provides frontline police officers and other first responders with essential terrorism awareness training. Therefore, there are already resources, budgets and measures in place to deal with this threat of terrorism, but we have to adapt to this evolving threat.

Here we come back to the legislation at hand. The protection of Canada from terrorists act contains distinct elements that work toward a common goal, which is to protect the safety and security of Canadians. The bill also has some provisions regarding the Strengthening Canadian Citizenship Act, which received royal assent in June.

There is really nothing new in this part, but let me just say the act made important changes at that time to the Citizenship Act, enabling the Minister of Citizenship and Immigration to revoke Canadian citizenship from dual citizens who are convicted of terrorism, treason or spying offences. Such individuals would be permanently barred from acquiring citizenship again. While that act has already received royal assent, as members know, provisions in new legislation can come into force at different times.

Recent events around the world have brought to the forefront the need to address the threats of terrorism now. We are, therefore, proposing amendments to the Strengthening Canadian Citizenship Act that would allow provisions related to the revocation of Canadian citizenship to come into force earlier than anticipated. It is nothing new but it would ensure that those provisions could be used by law enforcement more rapidly.

The provisions that would come into force include new expanded grounds for revocation of Canadian citizenship and the establishment of a streamlined decision-making process. We are clear that Canadian citizenship is sacred. Our Canadian passport, wherever we go around the world, is of high value. It has to mean something. We do not want to share our Canadian passport with anyone who wants to cut off our heads because we disagree.

The Canadian passport is respected around the world. As parliamentarians, we will not accept that individuals with criminal intentions use Canadian passports to commit acts of terrorism.

Let us now examine the main part of the bill, which will make the necessary amendments to the Canadian Security Intelligence Service Act.

Ever since the CSIS Act was introduced more than 30 years ago, threats to Canada's security have become increasingly complex, as evidenced by the global nature of terrorism and the mobility of terrorist travellers.

We are aware of Canadians who have joined terrorist groups abroad. CSIS director Michel Coulombe has stated that more than 140 individuals with Canadian connections are suspected of engaging in terrorism-related activities abroad. It is more critical than ever that CSIS has the proper tools to investigate threats to the security of Canada and that its role and function is clear in terms of our Canadian laws. The bill before us proposes several targeted amendments to support CSIS in its mandate to investigate threats to the security of Canada.

First, the bill would confirm, clarify and strengthen the power of the Canadian Security Intelligence Service to conduct investigations abroad, by confirming that CSIS has clear, legislated authority to conduct investigations abroad related to Canada's security and security assessments.

Second, the bill will give the Federal Court the power to consider only the relevant Canadian law when issuing a warrant to authorize CSIS to investigate threats to the security of Canada.

Essentially, this bill clarifies the powers of the Canadian Security Intelligence Service and protects witnesses, because information can only be exchanged if there is trust between the human source and the information service.

It is important to protect these sources and provide criteria for this legal protection, in order to make it possible to increase protection in certain situations.

I am pleased to introduce this important bill in Parliament. I look forward to following the debate, because this is an important and balanced bill.

I hope that we will be able to move forward and send this bill to committee, and that we develop a law that will protect Canadian citizens against the threat of terrorism. This threat is evolving and is unfortunately a reality.

Time Allocation MotionPrivilegeRoutine Proceedings

September 15th, 2014 / 3:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise today on this question of privilege about closure.

I am rising at my first opportunity on this question of privilege, given that between the Speech from the Throne in October and when we adjourned June 20, there had been 21 occasions on which closure of debate occurred, and I maintain that the exercise of my rights and the rights of my colleagues in this place have been obstructed, undermined, and impeded by the unprecedented use of time allocations in the second session of the 41st Parliament.

Mr. Speaker, in presenting this fairly legal argument to you, I propose to leave out page numbers and citations because I have prepared a written version of this for your office and I hope that will be acceptable to you that I skip page numbers in this presentation. Hansard may not have the numbers of the debates, but I hope there is enough context so people can find them.

I belive this excessive use of what is often called “guillotine measures” is a violation of the rights of all members of Parliament, but I would like to stress that there is a disproportionate impact on members such as me who are within either smaller parties, that is less than 12 members, or who sit actually as independents, because in the roster of recognizing people in their speaker slot, quite often those of us in the smaller parties or independents simply never get to speak to the bills at all.

My question, Mr. Speaker, bears directly on what your predecessor said in this place on April 27, 2010. He said, “...the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation.”

In the autumn of 2011, in a ruling concerning the member for Mount Royal, Mr. Speaker, you yourself said that to constitute a prima facie case in regard to matters of obstruction, interference, molestation or intimidation, you need to “...assess whether or not the member's ability to fulfill his parliamentary [activities] has been undermined.” At that moment in the same Debates, you had the occasion to reflect on “...the Chair's primordial concern for the preservation of the privileges of all members,...” and you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

I now have occasion to turn to other words that will guide us in this matter. From the Supreme Court of Canada in the Vaid decision, in the words of Mr. Justice Binnie, speaking for the court, he outlined the scope of parliamentary responsibility and parliamentary privilege for the management of employees and said, “Parliamentary privilege is defined by the degree of autonomy necessary to perform Parliament’s constitutional function.” He went on to say at paragraph 41 of that Supreme Court of Canada judgment:

Similarly, Maingot defines privilege in part as “the necessary immunity that the law provides for Members of Parliament, and for Members of the legislatures of each of the ten provinces and two territories, in order for these legislators to do their legislative work”.

I would repeat and emphasize that, because although the Vaid decision was on a different fact set, Mr. Justice Binnie spoke to our core responsibility as parliamentarians when he said that we must be able, as legislators, to do our legislative work.

Mr. Justice Binnie continued in the Vaid decision to say:

To the question “necessary in relation to what?”, therefore, the answer is necessary to protect legislators in the discharge of their legislative and deliberative functions, and the legislative assembly’s work in holding the government to account for the conduct of the country’s business. To the same effect, see R. Marleau and C. Montpetit...where privilege is defined as “the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfill their functions”.

Mr. Justice Binnie went on to find further references in support of these principles from Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada.

These are fundamental points. The purpose of us being here as parliamentarians is to hold the government to account. It is obvious that no legislative assembly would be able to discharge its duties with efficiency or to assure its independence and dignity unless it had adequate powers to protect itself, its members, and its officials in the exercise of these functions.

Finally, Mr. Justice Binnie—again, for the court—said at paragraph 62, on the subject of parliamentary functions in ruling that some employees would be covered by privilege, that coverage existed only if a connection were established between the category of employees and the exercise by the House of its functions as a legislative and deliberative body, including its role in holding the government to account.

As I said earlier, this approach was supported by your immediate predecessor. In a December 10, 2009 ruling, the Speaker of the House, the Hon. Peter Milliken, said that one of his principal duties was to safeguard the rights and privileges of members, and of the House, including the fundamental right of the House of Commons to hold the government to account for its actions, which is an indisputable privilege, and in fact an obligation.

It is therefore a fundamental principle of Westminster parliamentary democracy that the most important role of members of Parliament, and in fact a constitutional right and responsibility for us as members, is to hold the government to account.

The events in this House that we witnessed before we adjourned on June 20, 2014, clearly demonstrate that the House and its members have been deprived of fulfilling constitutional rights, our privilege, and our obligation to hold the government to account, because of the imposition of intemperate and unrestrained guillotine measures in reference to a number of bills. Over 21 times, closure has been used.

It is only in the interest of time that I am going to read out the numbers of the bills and not their full description. Bill C-2, Bill C-4, Bill C-6, Bill C-7, Bill C-13, Bill C-18, Bill C-20, Bill C-22, Bill C-23, Bill C-24, Bill C-25, Bill C-27, Bill C-31, Bill C-32, Bill C-33, and Bill C-36 were all instances where closure of debate was used.

In many of the instances I just read out, and in the written argument I have presented, closure of debate occurred at second reading, again at report stage, and again at third reading. The limitation of debate was extreme.

A close examination of the guillotine measures imposed by the government demonstrate that the citizens of Canada have been unable to have their elected representatives adequately debate the various and complex issues central to these bills in order to hold the government to account. Members of Parliament have been deprived and prevented from adequately debating these measures, through 21 separate motions for time allocation in this session alone. It undermines our ability to perform our parliamentary duties.

In particular, I want to again highlight the effect that the guillotine motions have on my ability as a representative of a smaller party, the Green Party. We do not have 12 seats in the House as yet, and as a result we are in the last roster to be recognized once all other parties have spoken numerous times. Quite often, there is not an opportunity for members in my position, nor for independent members of Parliament, to be able to properly represent our constituents.

Again, I should not have to repeat this. Certainly you, Mr. Speaker, are aware that in protecting our rights, as you must as Speaker, that in this place we are all equals, regardless of how large our parties are. As voters in Canada are all equal, so too do I, as a member of Parliament, have an equal right and responsibility to represent the concerns of my constituents in this place, which are equal to any other member in this place.

As speaking time that is allotted to members of small parties and independents is placed late in the debates, we quite often are not able to address these measures in the House. This would be fair if we always reached the point in the debate where independents were recognized, but that does not happen with closure of debates. My constituents are deprived of their right to have their concerns adequately voiced in the House.

Political parties are not even referenced in our Constitution, and I regard the excessive power of political parties over processes in this place, in general, to deprive constituents of equal representation in the House of Commons. However, under the circumstances, the additional closure on debate particularly disadvantages those constituents whose members of Parliament are not with one of the larger parties.

Mr. Speaker, in the autumn of 2011, in your ruling considering the member for Mount Royal and his question of privilege, you said that one of your responsibilities that you take very seriously is to ensure that the rights and privileges of members are safeguarded. The principal right of the House and its members, and their privilege, is to hold the government to account. In fact, it is an obligation, according to your immediate predecessor.

In order to hold the government to account, we require the ability and the freedom to speak in the House without being trammelled and without measures that undermine the member's ability to fulfill his or her parliamentary function. As a British joint committee report pointed out, without this protection, members would be handicapped in performing their parliamentary duty, and the authority of Parliament itself in confronting the executive and as a forum for expressing the anxieties of citizens would be correspondingly diminished.

To hold the government to account is the raison d'être of Parliament. It is not only a right and privilege of members and of this House, but a duty of Parliament and its members to hold the government to account for the conduct of the nation's business. Holding the government to account is the essence of why we are here. It is a constitutional function. In the words of the marketers, it is “job one”.

Our constitutional duty requires us to exercise our right and privilege, to study legislation, and to hold the government to account by means of raising a question of privilege. This privilege has been denied to us because of the consistent and immoderate use of the guillotine in regard to 21 instances of time allocation, in this session alone.

This use of time allocation, as you know, Mr. Speaker, is unprecedented in the history of Canada, and infringes on your duty as Speaker to protect our rights and privileges as members. As you have said many times, that is your responsibility and you take it very seriously. However, these closure motions undermine your role and your duty to protect us. Therefore, it diminishes the role of Speaker, as honoured from time immemorial.

In fact, you expressed it, Mr. Speaker, in debates in the autumn of 2011, at page 4396, when you had occasion to reflect on “the Chair's primordial concern for the preservation of the privileges of all members..”, and when you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

Denying the members' rights and privileges to hold the government to account is an unacceptable and unparliamentary diminishment of both the raison d'être of Parliament and of the Speaker's function and role in protecting the privileges of all members of this House.

In conclusion, I submit to you, Mr. Speaker, that the intemperate and unrestrained use of time allocation by this government constitutes a prima facie breach of privilege of all members of this House, especially those who are independents or, such as myself, representatives of one of the parties with fewer than 12 members.

Mr. Speaker, I appreciate your consideration in this matter. I hope you will find in favour of this question of privilege, that this is a prima facie breach of the privileges and rights of all members.

Public SafetyOral Questions

September 15th, 2014 / 3:10 p.m.


See context

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, our Conservative government is a proud partner in the global fight against terrorism. That is why we have given security agencies a number of tools to combat terrorism and continue to protect law-abiding Canadian families from those who would seek to do them harm.

I would like to also remind the House that it was this government, the Conservative government, that introduced the first counter-terrorism strategy, passed the Combating Terrorism Act, and most recently, the Strengthening Canadian Citizenship Act, which actually revokes citizenship from those who commit terrorism in Canada against our allies. I would also like to remind the House that we were the only party that voted in favour of that legislation.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 8:45 p.m.


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NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, I think that each time the Conservatives give more power to a minister, they should have to prove that the legal process, for example, is ineffective or inefficient.

Bill C-24, on immigration, is often cited as an example where a minister is being granted more power. The government has not proven that the courts were overrun with terrorism or high treason cases. With respect to Bill C-24, I did not hear that the courts were being flooded with high treason cases because Canadian officers were committing high treason and giving information to foreign powers every five minutes.

They did not prove that the legal system was overrun with cases and that the minister needed to be granted more powers. This is no different. They have not proven that the minister needs this additional power because the courts would be overwhelmed with cases that would not be heard in time.

The Acting Speaker Bruce Stanton

Before we proceed with questions and comments, I have the honour to inform the House that a communication has been received as follows:

The Secretary to the Governor General and Herald Chancellor

Rideau Hall

Ottawa

June 19, 2014

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 19th day of June, 2014, at 6:07 p.m.

Yours sincerely,

Stephen Wallace

The schedule indicates the bill assented to on June 19, 2014, was Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts.

The Speaker Andrew Scheer

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, royal assent to the following bills:

Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials)

Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer)

Bill C-34, An Act to give effect to the Tla'amin Final Agreement and to make consequential amendments to other Acts

Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

Bill C-5, An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures

Bill C-20, An Act to implement the Free Trade Agreement between Canada and the Republic of Honduras, the Agreement on Environmental Cooperation between Canada and the Republic of Honduras and the Agreement on Labour Cooperation between Canada and the Republic of Honduras

Bill C-38, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015

Bill C-39, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015

Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment)

Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order

Bill C-37, An Act to change the names of certain electoral districts and to amend the Electoral Boundaries Readjustment Act

Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures

Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)