Bill C-44 (Historical)

Protection of Canada from Terrorists Act

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

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.

Second Reading

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I want to start by saying that I will share my time with my colleague from Rivière-des-Mille-Îles. As a gentleman, I would normally say that I am pleased to share my time with the member, but this morning I am holding back a bit. It is not because I do not want to hear from the member for Rivière-des-Mille-Îles, but this morning, for the 81st time in this 41st Parliament, the members of the House are being forced to share their time if they want a chance—and not everyone will have a chance—to share a comment, thought or opinion about a bill as important as the one we are currently studying, Bill C-44. This is a serious breach of our democratic rules.

Time allocation motions should be used in exceptional circumstances, but they have become the norm here. I wanted to take a few moments to protest this, knowing full well that this would cut into my time to speak to the substance of Bill C-44, but also that I have far too little time to really cover the issue. Even if we were to add up all of the speeches made by my colleagues in the House, we would never manage to fully address the issue, in light of this government's narrow-mindedness.

First of all, I will say that I will vote in favour of this bill at second reading. There are enough elements in this bill that are worthy of consideration and discussion in the committee that handles these issues. This committee has the necessary expertise and will, I hope, hear from relevant witnesses who are much more qualified than yours truly, and who can perhaps bring a different perspective than my own, which is to reflect the vision of my riding—the mandate that we all have as members of Parliament.

Nevertheless, I do want to point out that I have some concerns, as big as this House, that the committee could also end up under a gag order, as have many others. We do not even have any assurance that the debates will be public; however, if there is one topic that it of interest to the general public, it is public safety and civil liberties in this country.

It is quite ironic to have this 81st time allocation motion on a bill as fundamental as this one.

Furthermore, we must be able to make some amendments in order to highlight the fact that what we are looking for in the bill, which I do not think is present at this time, is not some sort of balance or acceptable compromise between public safety, or what we need to put in place to guarantee it, and civil liberties. Our thinking is not focused on compromise. Rather, our thinking is more about seeing how we can do more to defend and protect the rights of all Canadians, as well as to ensure their safety, since it is the government's duty to do so.

Furthermore, the tragic events that occurred right here and in Saint-Jean-sur-Richelieu sharply frame the debate on public safety and civil liberties. However, as tragic as those events were, they should not be an excuse to rush the discussion that we need to have on how to respond to them. Haste is rarely a wise adviser in these matters.

In these matters, as in many other areas, the devil is often in the details, and we have a duty to make sure that the measures we want to put in place are relevant and effective. The repercussions that our decisions will have on the public safety and civil liberties of Canadians are far too important for us to rush this kind of bill through. Is it not true that enlightenment comes when ideas collide? For heaven's sake, let us take the time we need to look into, understand and analyze every aspect of this bill in light of the expertise shared by the many competent stakeholders in the field.

For the benefit of those who watch our debates and are concerned about the very nature of Bill C-44, I will provide a summary of the measures it includes. This bill was described to us this morning as being relatively simple because it has only four pages, as though the number of pages had anything to do with the complexity of the issues we have to debate.

The first element of Bill C-44 provides a legal framework to the intelligence operations conducted by CSIS abroad. As such, CSIS' activities will no longer be limited by national concerns. Second, under this bill, the Federal Court could henceforth provide CSIS with warrants that have effect outside Canada.

Third, Bill C-44 guarantees the protection of human sources who provide intelligence to CSIS in the context of legal proceedings. Finally, the fourth element speeds up the process for revoking the citizenship of those individuals who have dual citizenship and whose activities are linked to terrorism or any other serious offence. That is probably the element that bothers me the most because I wonder how it is relevant to this bill.

I have a funny feeling that the Conservative government has managed to recreate in this four-page bill, its legendary approach, namely to introduce omnibus bills that combine as many issues as possible. I think the issue of citizenship should be dealt with differently. Will this mean that the status of a Canadian citizen by birth will be different from that of a person who became a Canadian citizen through immigration?

I spent years trying to make my students understand that there is just one Canadian citizenship status. Today, the government is opening the door to a shift in perspective that would now distinguish between Canadians from here and those who came from elsewhere. It is hard to create a perfectly cohesive society or one that strives for cohesion, with comments like that. This simple clause makes me shudder and deserves in-depth discussions backed by expertise and not ideology.

Mr. Speaker, you are already motioning that my time is drawing to an end. I will therefore comply with your instructions as the timekeeper and moderator of our debates, but I think that you are once again proving that we do not have enough time in the House to clearly express our ideas. Therefore, I will skip several pages and get to my conclusion and some things that I believe to be of even greater importance.

A broad coalition of stakeholders support our position, which is that both the powers of CSIS and civilian oversight should be enhanced. The two must go hand in hand. I would not say that they must work in parallel, because then they would not talk to one another, which is an all too frequent problem. For example, both the Privacy Commissioner and the Information Commissioner recognized that security and civil liberties requirements are inextricably linked.

Mr. Speaker, as long as I can see the fingers on your hand indicating that I have some time left, I have hope. As they are disappearing at a furious rate, I will summarize my initial position with the following comments.

I said initial position on purpose because it will change as a result of meetings and discussions. I hope that we will all be open-minded so that we can find the best idea and not try to prove that our idea is the best, which unfortunately is all too often the case in Parliament. I hope that in the end, Bill C-44 will truly be Parliament's bill and not just the government's bill.

[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.

[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.

[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.

[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.

[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.

[Roxanne James, Conservative, Parliamentary 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.

[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.

[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?

[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.

[Roxanne James, Conservative, Parliamentary 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.

[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 for 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?

[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.

[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?

[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.