Protection of Canada from Terrorists Act

An Act to amend the Canadian Security Intelligence Service Act and other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canadian Security Intelligence Service Act to give greater protection to the Canadian Security Intelligence Service’s human sources. Also, so as to enable the Service to more effectively investigate threats to the security of Canada, the enactment clarifies the scope of the Service’s mandate and confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. In addition, it makes a consequential amendment to the Access to Information Act.
The enactment also amends the Strengthening Canadian Citizenship Act to allow for the coming into force of provisions relating to the revocation of Canadian citizenship on a different day than the day on which certain other provisions of that Act come into force.

Elsewhere

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

Votes

Feb. 2, 2015 Passed That the Bill be now read a third time and do pass.
Jan. 28, 2015 Passed That Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Jan. 28, 2015 Passed That, in relation to Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to 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 stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 18, 2014 Passed That, in relation to Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and 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.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 11:55 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, at the beginning of my colleague's speech, he referenced the fact that, once again, we are debating this particular bill under time allocation. An Inter-Parliamentary Union document put out celebrating the International Day of Democracy says:

The test of courage comes when we are in the minority. The test of tolerance comes when we are in the majority.

It goes on to say that political tolerance implies freedom of expression, open dialogue and a diversity of views. It also indicates that the rights of the opposition include:

[The] Right to contribute to the legislative process, such as the right to submit bills and amendments, and to put questions to members of government.

I wonder if the member could comment on how important this bill is and that we as parliamentarians representing Canadians from coast to coast to coast have the right to speak in the House of Commons to this very important matter.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 11:55 a.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my hon. colleague for her question.

Of course that is a fundamental right, and I am having a hard time understanding. The next election is just around the corner, and I hope that a majority of Canadians will understand and recognize the skills and experience of the member for Outremont, who would be the best prime minister. I find it hard to imagine how, under Conservative ideology, we would bring in 30 new MPs, congratulate them on being elected and tell them that they are now the proud representatives of the people who elected them and that now they should sit down and shut up.

That is exactly what is going on in this Parliament. When they use closure for the 81st time and when they make committees sit behind closed doors and refuse to televise the meetings, what are they telling the people's representatives in the House if not to shut up? This is a clear perversion of democracy that we have to fight with all our strength. I hope people will hear this message. Maybe Bill C-44 will be the first bill to earn unanimous consent because it is off to a good start now that there is consensus at second reading to send it to committee.

Why not ensure that at the end of the day, Parliament will unanimously pass this bill? It might take a bit longer, but it will send a message to Canadians that their democracy is working.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / noon
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, my question is for my colleague. It is essentially the same question I asked the government.

We heard expert testimony from the heads of SIRC and the RCMP. In committee, they explained that this was not about getting additional powers. They are not asking for these so-called additional powers. They need resources to implement and oversee the existing measures in the Criminal Code of Canada, for example.

I have a question for my colleague. He will recall that since the government came to power, it has spent more than $600 million to advertise its economic action plan. Meanwhile, our security and intelligence agencies are telling parliamentarians in committee that they need additional resources to do their jobs.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / noon
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for his question and for the context.

If I had more time, I would go into all of this government's expenses that I would call inappropriate. Governing a country involves making choices. For a government, as with personal finances, the main obstacle to pursuing dreams and plans is the availability of funds. Good managers are those who are capable of making good choices.

When it comes to public safety and civil liberties, many things are already possible under the existing legal framework. However, it is difficult to do anything if the resources are not there. As my father would always say, if you do not walk the talk, nothing will get done.

A study needs to be done about the funding that is available so that the agencies already on the ground can do their job effectively before they are given new tools, which will probably not be properly funded either.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / noon
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-44, an act to amend the Canadian Security Intelligence Service Act and other acts. It is important to note that, unfortunately, the government just limited the time we will have in the House to discuss this huge bill that will have a rather serious impact on Canada's oversight bodies. The government decided to gag the House. The House adopted a government motion to limit the time for debate on Bill C-44. It is very disappointing. That move limits parliamentarians' ability to do their job in the House and properly debate Bill C-44, a huge bill that proposes some fairly significant changes to CSIS.

I hope that this bill will be examined in depth in committee. That is very important since fairly major amendments need to be made to this bill. Basically, the bill increases the authority of the Canadian Security Intelligence Service or CSIS and makes three significant changes. First, the bill clarifies the legal authority of CSIS to conduct security intelligence operations abroad in response to threats to the security of Canada. Second, it confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. Third, it protects the identity of CSIS human intelligence sources in judicial proceedings.

It is also important to mention that Bill C-44 amends the Citizenship Act by fast-tracking the revocation of Canadian citizenship in the case of dual citizens who are linked to terrorist activities and other serious offences.

There are three very important elements to underscore in this debate. Any legislative measure passed by the House aimed at dealing with threats to the security of Canada must reflect three principles. It must provide for greater civilian oversight, the protection of civil liberties and appropriate resources. Any bill passed by this government must take those three criteria into account. First of all, greater civilian oversight is crucial if we want to give CSIS new powers. Many stakeholders have expressed concerns about this. As we know, the Security Intelligence Review Committee does not have the necessary powers for proper oversight of CSIS. In addition, as they have been known to do, the Conservatives used an omnibus bill, the 2012 budget bill, to eliminate the position of inspector general of CSIS.

The fact that CSIS lacks civilian oversight was raised at the time of the Maher Arar affair. In 2006, the commission of inquiry on the Maher Arar case made some recommendations. One of the recommendations called for new accountability measures for Canada's intelligence agencies. Eight years have passed since Justice O'Connor made those recommendations. The government still has not implemented them.

Although the Conservative government introduced this bill, which makes huge changes to the powers of CSIS, it did not do its homework. It did not consult the experts or take seriously the recommendations of the Arar commission, which date back to 2006.

It is not just this commission that called for more civilian oversight. The Privacy Commissioner of Canada and the Commissioner of the Environment, two officers of Parliament, called on the federal government to ensure that effective oversight was included in any legislative measure that would grant new powers to CSIS and law enforcement agencies. Unfortunately, we see nothing in Bill C-44 in response to this call for increased civilian oversight of CSIS.

It is crucial and non-negotiable that greater oversight go along with any new powers granted to CSIS. As several of my colleagues mentioned, the oversight is inadequate.

The Security Intelligence Review Committee is the oversight body for CSIS. For the Canadians who are watching, the members of this committee work part time, are unelected and are appointed by the Prime Minister. Two of the five seats on this committee have been vacant for months, and it seems that the Conservatives are dragging their feet on filling these positions.

In addition, SIRC merely has an interim chair, Deborah Grey, who used to be a Reform MP. This committee does not have enough members; only three of the five seats are currently filled. That is inadequate for oversight of CSIS.

In the 2012 budget—another omnibus budget with dozens of pages—the Conservatives eliminated the position of inspector general of CSIS. The inspector general was in charge of internal oversight, ensuring that the service's activities complied with the law. We can all agree that it is a very important role. Since 2012, however, the inspector general's responsibilities have been transferred to SIRC, the committee I just spoke about that functions on a part-time basis and is lacking resources.

I would like to quickly speak about the two other principles that I mentioned. As I said, three principles must be taken into consideration each time we study a bill concerning Canada's security.

I already spoke about greater oversight, but we also need to protect our civil liberties. When I spoke to my constituents in Rivière-des-Mille-Îles, they repeatedly said that we need to ensure that Canadians are safe, but at the same time, we need to protect civil liberties. That is crucial because protecting civil liberties and ensuring public safety are both fundamental Canadian values that are non-negotiable. We want legislation that strengthens our civil liberties, and this bill does not clearly do that.

What is more, every measure or bill that is designed to improve security must be coupled with the appropriate resources.

The government can give CSIS more power, but if the organization does not have the resources needed to get the job done, we are no safer. The Conservatives have cut funding to our public safety organizations for three consecutive years, for a total of $687.9 million in cuts by 2015. That concerns me. This bill must be coupled with the necessary financial resources.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:10 p.m.
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Scarborough Centre Ontario

Conservative

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

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

I want to speak just a moment about the CSIS Act. It was first passed into legislation back in 1984, which was 30 years ago. The things CSIS has been doing, obviously, operating overseas, tracking terrorism, protecting its human sources, are all things that have recently been called into question by court decisions.

The purpose of the legislation before us is to bring further clarity to the act to ensure that CSIS could continue operating as it has always done. I wonder why the member assumes that is not the case.

The legislation is very clear and to the point. It hits a number of issues regarding protecting human sources and the ability of CSIS to operate overseas. I wonder why the member thinks CSIS should not be able to continue operating as it always has been.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:15 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I get the feeling that the member opposite did not really listen to my speech.

I am proud to say that I will vote in favour of the bill at second reading because it should go to committee. Committee members should also study the opposition parties' proposals, including the NDP's. I will vote in favour of this bill because it contains important measures.

However, there are many flaws in the bill. The Conservative government made a mess of this because the bill does not provide for increased civilian oversight, which the 2006 commission of inquiry into the Maher Arar case recommended. The Conservative government needs to do its homework.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:15 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I would like to comment further on something I mentioned a few minutes ago. This bill does not address concerns about national security related to the events in Quebec City and Ottawa earlier this month. That is for sure.

First, can my colleague tell us what she thinks of that? The government needs to explain why existing legislation, particularly the Criminal Code, was not used against individuals who pose a threat to our country. We heard about how 80 Canadians were involved in terrorist activities abroad. Even so, not a single Canadian has been charged in relation to that.

Second, can my colleague help us understand why the bill authorizes judges to issue warrants to CSIS regardless of any other laws in effect, specifically laws in foreign countries? That is an absolutely enormous power.

Can she tell us what she thinks of these two troubling measures?

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:15 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I would like to thank my colleague for his comments.

However, I hesitate to make the same connection he did between this bill and the events that occurred in Parliament on October 22. We know that it takes the government months to prepare its bills and that this bill was in progress well before those events occurred.

Despite what happened a few weeks ago, we still need to take a sensible approach that protects our civil liberties. That is what is missing from this bill.

I did not really have time in my speech to talk about the fact that CSIS lacks resources, so I would simply like to quote Jeff Yaworski, who appeared before a Senate committee on Monday, October 20. He is the assistant director of operations at CSIS. Mr. Yaworski indicated that CSIS does not have the resources needed to do its job. In fact, we know that $24.5 million in cuts have been made to the agency.

It is therefore all well and good to give CSIS more powers, but the Conservative government is refusing to give CSIS the resources it needs to do its job properly. That is very disappointing.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:15 p.m.
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Scarborough Centre Ontario

Conservative

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

Mr. Speaker, I will be sharing my time with the hon. member from Don Valley West.

I am honoured to be here today to speak in support of the protection of Canada from terrorists act.

We all know that the work we are doing here is extremely important. There has been much discussion about balancing the tools the security agencies need with broader privacy concerns. I completely agree with that position. We must not overreact to horrific attacks, such as those that occurred on October 20 and October 22, but it is also time that we as Canadians stop under-reacting to the very real threat of terrorism.

The bill before us today strikes an appropriate balance. All the measures put forward in this bill are common-sense tools that would enable the Canadian Security Intelligence Service, otherwise known as CSIS, to continue keeping us safe without infringing on any of the freedoms that make this country great. To highlight this fact, I would like to discuss the three core elements of the proposal before us.

First, this bill makes minor adjustments to the CSIS Act to provide anonymity for CSIS human sources. It would confirm CSIS's mandate to investigate threats to Canada both at home and abroad and would provide anonymity to CSIS employees who may engage in covert activities.

Protecting the identity of human sources clarifies what has been an operational assumption for many years. Earlier this year the courts ruled that because this power was not legislated within the act, CSIS sources did not have that anonymity. This was a surprise to our national security agencies, and to probably many of us in the House, given that police informants have this type of protection. It is common sense that an informant for CSIS should be afforded the same protections under the law as an informant for the RCMP. This amendment would be invaluable for the brave men and women at CSIS in their work keeping all Canadians safe. We know that human sources are instrumental in CSIS's intelligence-gathering activities. Protecting their identity in court would facilitate prosecutions, future operations, and the recruitment of sources.

To illustrate the necessity of this measure, let us discuss a hypothetical example. Let us say that an individual becomes aware of a radicalized person or people within their social circle who the individual believes may be planning a terrorist attack on Canadians. Let us say that this person does the right thing and informs authorities about these individuals. Then suppose CSIS establishes a relationship with this person, who agrees to become a human source for the service to protect Canada and our citizens. Again, for the sake of this argument, let us assume that this source begins informing on not just one but on 10 suspected terrorists, if there are more players involved. Let us imagine that one of these 10 targets tells this source that he or she plans to commit an act of terror in the immediate future. In a world where CSIS can protect its source's identity, the next step in this case becomes very simple. CSIS would inform the RCMP of the imminent threat, and the RCMP would leverage the human source's information, along with other available evidence, to lay charges against the terrorist or suspected terrorist. The human source would then continue to gather evidence on the other nine individuals.

Now let us consider the decision-making process if CSIS cannot protect the identity of that human source. First, disclosing the source's identity in court would put that person at risk of retribution from the associates related to that one individual. Second, CSIS would lose the source's future value against the other nine individuals under investigation.

Our intelligence authorities cannot control the rate at which investigations proceed. It may very well be the case that the threat posed by the group of nine individuals is greater than the immediate threat posed by the lone wolf. However, if they do not have enough information to prosecute all 10, the service must make a choice: leverage a human source's information to arrest one individual who may pose an immediate threat, or wait and continue investigating a potentially larger and greater threat to Canada.

I do not think CSIS should be asked to make that choice, and I do not think Canadians across this country would expect it to. That is why I support this common-sense reform. Furthermore, I do not believe that this infringes on privacy rights or the right to a fair trial, as a judge may force the crown to disclose a source's identity if this is crucial to proving the innocence of the accused.

The other issues in this bill are, I would argue, also easy decisions. There are several proposed amendments that confirm CSIS's ability to operate abroad. This merely provides clarity in law to support CSIS's presence abroad. This is both timely and appropriate, as we know that there are individuals outside of Canada's borders who seek to do us harm here in Canada.

The terrorist threat knows no borders. We should not make our security agencies fight this threat with one hand tied behind their backs, let alone two. I am supportive of allowing CSIS to pursue warrants against Canadians abroad. This measure is particularly timely given that we know that approximately 145 Canadians have travelled abroad for terrorist purposes. CSIS should have the ability to seek warrants against these individuals and to monitor them, regardless of where their location might be. This is an important operational tool that we can provide to CSIS without hindering an individual's privacy, as CSIS will still require a warrant from a judge to use intrusive investigative techniques. I just want to reinforce that: CSIS would need a warrant from a judge.

Finally, this bill would provide anonymity to all CSIS employees who may become engaged in covert activities. Currently only CSIS employees who are engaged in covert activities are afforded anonymity before the courts. CSIS analysts and trainees are not protected and could have their identities disclosed in open court. One can imagine that this would jeopardize its employees' utility in future operations.

Providing anonymity to employees of an intelligence agency makes all the sense in the world. I do not believe for a single minute that this measure would impact the privacy rights of Canadians.

All the measures proposed in this legislation would enhance CSIS's ability to do its job effectively and efficiently. These are key to enabling CSIS to protect Canadians from those who seek to do us harm, whether it is here in Canada or abroad.

I am proud that our Conservative government has brought forward common-sense reforms while respecting the rights and freedoms that make this country so great. I encourage all members of the House to support this common-sense legislation.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:25 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I listened with interest to the parliamentary secretary's speech on this legislation.

We on this side of the House have said that we support the bill in principle, but we have concerns about the details in the bill, in particular its granting of additional powers to CSIS without strengthening accountability measures.

My question to the parliamentary secretary goes along with the question I asked the minister earlier. Since we are under time allocation, and the minister has said that the committee is the proper place to deal with our concerns, will the parliamentary secretary commit now to allowing the committee to have a full range of witnesses appear and a full debate of possible amendments to the bill?

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:25 p.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, the minister answered that question clearly in the House earlier today. Committee business is done in committee. This is certainly not the public safety committee. That will be a decision made by members of that committee.

It is interesting to note that the NDP member opposite indicated that his party will be supporting this legislation going to committee. As in the past, that is the pattern of what the NDP does. Those members support sending bills to committee, and then when the bills come back, they vote against them.

This is a common-sense bill. It would not give CSIS any more powers than any other law enforcement agency across this country has. It would ensure that CSIS has the ability to continue to operate abroad, to track terrorists to keep Canadians safe, and to ensure that its human sources, or informants, have protection under the law, as do other law enforcement informants.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:25 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, the parliamentary secretary may describe this as a common-sense bill, but what the government has missed here is a common-sense opportunity to improve the overall situation in Canada with respect to our intelligence and security agencies.

First, the government still has not explained why it refuses to join its partners under the Five Eyes structure. That is, why is it not joining the U.S., Britain, Australia, and New Zealand in ensuring that there is a parliamentary committee of all parties, parliamentarians together, to oversee the important work of CSIS? That is an outstanding question. The government has an opportunity to improve the situation, but it seems to be refusing to.

Second, we heard from CSIS at committee that the biggest problem it is facing right now is resources, not additional legal powers. It did not come to committee saying that it needs these precise powers. It is true we have had a series of judicial rulings, but CSIS said it needs resources.

We need to remind Canadians of two things. While the government says it has increased the budget for CSIS and the RCMP, it is not telling Canadians that it spent over $600 million in advertising and over $600 million in outside legal fees, this despite the fact that Justice Canada has 2,500 lawyers on staff.

Could the parliamentary secretary help us understand why the government is not meeting the real needs of our intelligence and security agencies on the resourcing side while speaking constantly about the need to give new powers to these agencies?

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:30 p.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, first of all, this government is doing what the previous Liberal Party, when in office, could not do. We have increased the budgets and funding for both the RCMP and CSIS. In fact, since the Conservatives came to office, we have increased funding for the RCMP by $700 million and CSIS by $200 million. This is above and beyond what the Liberals did in the last year they were in office.

When the member talked about our partners in the Five Eyes, he listed several countries. First of all, Canada is not one of the other countries. This is Canada. I wish that member, when comparing us with other countries such as our partners, New Zealand, Australia, Britain, and the United States, had considered the same argument when he stood in the House and voted against standing shoulder-to-shoulder in our fight against global terrorism.

Second ReadingProtection of Canada from Terrorists ActGovernment Orders

November 18th, 2014 / 12:30 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I am proud to stand in this place and offer my support for Bill C-44, the protection of Canada from terrorists act. Over the past few months, Canadians have been rightly outraged by the atrocities committed by ISIL. Its barbarism cannot and should not be ignored. To do so would be to leave a ticking bomb with a lit fuse, one that stretches from Iraq to our shores.

We saw this on October 20 and October 22, when two Canadian Armed Forces soldiers were killed in cold blood. The terrorists responsible for these atrocities did so in a planned and calculated way in an attempt to intimidate Canadians into bowing to the terrorist caliphate known as the Islamic State. This is the very definition of terrorism. The President of France, the U.S. Secretary of State and most importantly, the Commissioner of the RCMP, have all confirmed this point.

We must at all costs degrade and destroy the threat posed by ISIL. That is why our government joined our allies to defuse the threat of ISIL at the source. However, military action is only one element of our response to terrorism. The other is gathering intelligence to confront the diverse array of threats to our security. That is easier said than done. The landscape for intelligence work is rapidly evolving and we need to ensure that our security and intelligence agencies have the tools they need to keep Canadians safe and secure.

The world of terrorism has changed dramatically since the 1980s. The CSIS Act, which today's legislation seeks to modernize, was originally written in the era of the Cold War and the rotary telephone. Violent extremism has taken new forms and the threats to Canadians are both more numerous and more sophisticated.

The 2014 public report on the terrorist threat to Canada identified more than 130 individuals with Canadian connections who were abroad and suspected of supporting terror-related activities. As we heard recently from CSIS, this number includes some 50 individuals who are known to be working directly with ISIL and other extremist groups in the region. These extremist travellers pose a threat both to people in foreign countries and to the citizens of Canada. We must stop them from inflicting harm on others. That is exactly what we are doing with the legislation before us today.

We know that we must approach the threat of terrorism and extremist travellers from many angles. This means bringing into force on an earlier timeline the new citizenship revocation provisions that help protect the safety and security of Canadians and safeguard the strong values associated with Canadian citizenship.

That is the goal of the first part of the protection of Canada from terrorists act. We are proposing technical amendments to the Strengthening Canadian Citizenship Act, which received royal assent on June 19, 2014. These amendments will allow for earlier implementation of provisions related to revocation of Canadian citizenship.

These provisions include expanded grounds for revocation of citizenship and a more streamlined decision-making process to allow the Minister of Citizenship and Immigration to make revocation decisions depending on the grounds. Our government firmly believes that we must move quickly to implement provisions that permit the revocation of Canadian citizenship from those radicalized individuals who are convicted of an act of terrorism or who travel overseas to engage in armed conflict with Canada.

We will not hesitate to do what is necessary to protect our country and other innocent citizens of the world who may fall victim to acts of terrorism overseas. Revocation is an important tool to safeguard our strong Canadian values and the integrity of our citizenship program. While we have strengthened our citizenship laws, we know that there are already individuals who have left Canada to join extremist groups and that we must ensure that we can track and intercept those individuals before they commit acts of terrorism.

With the second part of this legislation, we will work to do just that. The proposed amendments to the CSIS Act will add another tool to our counter-terrorism toolbox.

CSIS is a highly professional organization that has succeeded in adapting its tactics and tools to keep up with the ever-changing environment. However, the time has come to amend its governing legislation, the CSIS Act. In doing so, we can ensure that CSIS is well positioned to take reasonable and necessary measures to investigate threats to the security of Canada, wherever they may occur. Reasonable people can agree that CSIS must have this ability. Threats to the security of Canada are more global and complex than they were when the CSIS Act came into force.

Allow me to highlight the major amendments proposed by this legislation. The first major amendment is to confirm CSIS' authority to conduct investigations outside of Canada related to threats to the security of Canada and security assessments. CSIS has always had the authority to undertake investigative activities outside of Canada. However, this authority is not as clearly stated in the CSIS Act as it needs to be. It is important that Parliament provide clarity on this matter. This is a limited and focused amendment, one that merely confirms CSIS' existing authority and makes it even more explicit in law. We cannot afford to leave any gray areas with respect to the scope of CSIS' mandate.

Equally important, we need to clarify the jurisdiction of the Federal Court to issue warrants authorizing CSIS to undertake certain intrusive activities outside of Canada. To enable CSIS to properly investigate threats outside of Canada, the proposed amendments would clarify that the Federal Court need only consider the CSIS Act and the Canadian Charter of Rights and Freedoms when determining whether a warrant is required.

A third major amendment concerns the protection of sources. Common law has long afforded protections for the identity of police informants. Without such protection, witnesses may be reluctant to come forward and criminals may not be prosecuted. The stakes are just as high when it comes to threats to Canada's national security. Through the information of human sources, CSIS may be able to help thwart an attack on Canadians and Canadian interests. Obviously the ability to recruit human sources depends on their confidence that their identity will in fact be protected.

Some hon. members may be surprised to learn that the current CSIS Act does not explicitly protect the identity of intelligence sources during court proceedings. This bill would fill that gap. This protection will of course be consistent with Canadian values of the protection of individual rights and the rule of law. If the information is required in a criminal proceeding to demonstrate the innocence of the accused, the protection can be overturned.

The CSIS Act also has shortcomings that must be addressed with respect to protecting the identity of CSIS employees. Currently, it is an indictable offence to reveal the identity of a CSIS employee who is or has been involved in covert operations. However, the existing legislation does not protect those employees who are not yet but may be engaged in covert activity in the future. Another amendment addresses this oversight. In this way, CSIS employees who are training to become covert officers can be assured that their identity will be protected.

In summary, the amendments proposed today would allow for earlier implementation of citizenship revocation provisions, protect Canadians and other innocent citizens from the acts of violence carried out by extremist travellers, and give our intelligence service more effective tools and clearer authorities to fight violent extremism, including violence perpetrated by Canadians themselves.

I urge all hon. members to join me today in supporting the protection of Canada from terrorists act.