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.

Protection of Canada from Terrorists Act

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, the issue of civilian oversight of CSIS and our security apparatus is crucial here. Again, it is fundamental to the protection of civil liberties and to the foundation of a liberal democracy to have that civilian oversight. This is not just the opposition speaking. Privacy commissioners across Canada and senior members of the Canadian legal establishment have said the same thing.

We have seen this government steamroll through legislation and in a very determined way not listen to any advice from the opposition. I really hope, especially in light of the tragic events of the last month, that the government does not use those events and the feelings and concern they have created among Canadians to make some serious mistakes with this bill. We will all be working very hard in committee to ensure that this does not happen.

I hope the government proceeds in the spirit of doing what we need to do to preserve, nurture, and enrich civil liberties while maintaining a rigorous security understanding of what we need here in Canada.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, it is pleasure to rise today to speak to this important legislation. Bill C-44 is a bill I am proud to support, because it introduces much-needed amendments that will help keep Canadians safe and secure from terrorists. Before highlighting the proposed changes, I would like to have a few moments to situate the bill in a larger context.

Earlier this year, the Minister of Public Safety and Emergency Preparedness released the “2014 Public Report on the Terrorist Threat to Canada”. The report updates Canadians on the terrorist threat in, unfortunately, a sobering way.

In 2013, Canada listed six groups as terrorist entities. There have been four more added so far in 2014, which means that there are currently 53 groups on Canada's terrorist entity list. If I may, I would like to give members one example of a group that was listed in December 2013 and explain why it is a dangerous group.

The Nigerian-based Boko Haram is a group that believes that western education is sinful. Six months ago, it kidnapped some 200 girls from a remote school. Earlier this month, in what can only be described as a toxic and hate-filled video, the leader of Boko Haram put the release of these girls in serious doubt. Horrifically, the leadership of this despicable terrorist organization has talked openly about how these kidnapped girls have been sold off as chattel and given away as sexual objects.

Whether terrorist acts are carried out by entities or individuals, the number of incidents is staggering. In 2013, more than 9,700 terrorist incidents were reported in 93 countries. Some 33,000 people were injured, and nearly 3,000 were abducted or held hostage.

Canadians are at risk. When al Shabaab attacked the Westgate mall in Nairobi last year, they killed 68 people. Among the dead were a Canadian businessman and an employee of the Government of Canada. Through no fault of their own, those two Canadians were simply in the wrong place at the wrong time. Unfortunately, in our globalized world, where Canadians travel frequently for pleasure and business, it is easier than ever for this to occur.

More disturbing still, the impact of terror on Canadians is not always a matter of coincidence. As the report makes clear, Canadians are not only the victims of terrorism. Unfortunately, in some cases, there are those in Canada who are also the perpetrators.

Members may recall that in the spring of 2013, two men living in Toronto and Montreal were charged with plotting to attack a VIA Rail passenger train. Through the diligence of our security agencies, the attack was thwarted before any damage was done. However, the incident could easily have been a tragedy. A few months later, in Victoria, two other individuals were arrested in connection with a separate plot to bomb the provincial legislature on Canada Day. Thanks to collaboration between intelligence and law enforcement officers, the attack was foiled. Again, this incident could easily have turned out much worse.

I hope these two incidents were a wake-up call to the sceptics. They reaffirmed that the threat of terrorism is not limited to far-flung lands across the ocean. No, these despicable acts could also take place right here on our own soil.

I spoke a moment ago about globalization and how the terrorist threat to Canada continues to evolve, but as the report makes clear, there is also a group of Canadians who travel for the sole purpose of engaging in terrorist activities. They are known by various names: extremist travellers, foreign fighters, or terror tourists. It is a complex phenomenon, but there is one thing that is clear: these extremists pose a threat to innocent people, both here at home and abroad.

Let us look more closely at this emerging trend, because it is closely related to the proposed amendments contained in Bill C-44.

The government knows of approximately 145 individuals with Canadian connections who were abroad and who were suspected of supporting terrorism-related activities of various groups. These activities range from serving in combat to learning how to support terrorism through fundraising, propaganda, and training. Some of these recruits may return home with new skills to spread hatred and, unfortunately, with the resolve to plan and carry out terrorist attacks here in Canada.

What sends a person down the dark road to terrorism? What happens to make someone adopt such extremist views? How can we manage the risks of radicalization more effectively?

These are difficult questions, and they have no simple answers. Nevertheless, our government is taking action to answer these and other difficult questions. In this way, we continue to build resilience to the threat of terrorism in our country, and I will give members several examples.

At the community level, we work through the Cross-Cultural Roundtable on Security to better understand how to combat the appeal of extremist ideologies.

On the policy level, the government released its counterterrorism strategy in 2012. This is a comprehensive road map to help us better prevent, detect, deny, and respond to terrorist threats. On the legislative side, Parliament enacted legislation in 2013 that created four new offences to deter so-called extremist travellers. These are all necessary and positive steps, but we must do more.

This brings me, of course, to Bill C-44, the protection of Canada from terrorists act.

There are two components of the proposed legislation.

First, the bill before us would amend the CSIS Act to address court decisions that are having an impact on CSIS's mandate and operations. In light of these decisions, our government is acting to ensure that CSIS has the tools it needs to investigate threats to the security of Canada. It is doing this by confirming the authorities granted to CSIS outside of Canada and creating stronger protection for the identities of CSIS's human sources. The amendments proposed in Bill C-44 would ensure that CSIS is able to fully investigate threats in a manner that is consistent with the rule of law and with Canadian law and Canadian values.

The second element of the bill would amend the Strengthening Canadian Citizenship Act, which received royal assent this past summer. Specifically, it would expand grounds for revocation of Canadian citizenship and streamline the process for making these difficult decisions. These provisions are aimed at dual citizens who have served as members of an armed force or an organized armed group engaged in armed conflict with Canada. They also target dual citizens who have been convicted of terrorism, high treason, treason, or spying offences, depending, of course, on the sentence imposed.

The events of recent weeks have certainly brought into sharp focus the fact that Canada is not immune to acts of violence. In fact, we have learned it is far from that. Canadians have been victims of terrorism, and a small but unfortunately notable number are also suspected of supporting terrorism-related activities. We must ensure that our security and intelligence agencies can take reasonable measures at home and abroad to protect the safety and security of Canadians.

The bill before the House today would move us closer toward these goals, and I urge all hon. members to join me in supporting it.

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, my colleague across the way talked about the need to deflect radicalization. As my colleague, the member for Davenport, mentioned earlier, one of the biggest issues for all immigrants is a sense of inclusion in their adopted land. These individuals are vulnerable because they feel a lack of inclusion.

How can the changes to passports or citizenship make individuals feel as if they belong when there will be this perpetual cloud hanging over them because they are “not from here”? I wonder how that would help create a sense of inclusion and how that would help with the non-radicalization of new arrivals in Canada.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, I thank the member for his question, but I think he should have taken more note of the remarks I made.

There are two aspects, I believe, to trying to prevent these kinds of acts. Our government has undertaken initiatives to prevent these kinds of instances by trying to ensure that people have the resources necessary. There are programs out there to try to discourage people from becoming radicalized. There certainly have been many efforts in that regard, and I think that issue is what he speaks to.

However, if and when people do involve themselves in these kinds of activities, we have to ensure that we do everything we can to protect Canadians from those kinds of individuals and groups that seek to do them harm.

Unfortunately, I think this is where the NDP really lacks and fails in terms of its ideology. It does not seem to share our thought as a government that it is important to ensure that Canadians are protected from those kinds of individuals.

We even heard it from his leader. His leader denied that these attacks on Canada were acts of terror. Frankly, we all know that they were, in fact, acts of terror. We must do everything we can to protect Canadians and we certainly hope that the NDP will finally get on board and join us in those attempts to protect Canadians.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I appreciate the member for Wild Rose's remarks. I believe he exaggerates a bit on what the bill would do, because even CSIS itself admits that the bill would really just confirm in law what CSIS is already doing and, hopefully, satisfy the court on it.

However, I have a concern over what the government and CSIS are not doing. They already have the authority, under the Criminal Code, to arrest. In fact, the minister himself said before a committee that these Canadians who have been involved in terrorist acts abroad have broken Canadian law, and the director of CSIS said, that very same day, that CSIS knows where they are.

The government has the authority under the Criminal Code to arrest them, under, I believe, section 83, but it has not used it. I have to ask why not. That is one thing that could be done that it is not doing.

The other point I want to make is that I am pleased the member has shown an interest in finding the root causes of homegrown terrorism. We need to look at that.

I put a bill before the public safety committee to ask the committee to do a study on finding out the cause of these individuals getting into homegrown terrorism in Canada. The bill went into committee and never came out, so I guess the member can figure out what happened.

Does he not think that this Parliament has the responsibility, through its committee system, to do that kind of work, to do that kind of study, and look at the root causes of homegrown terrorism in this country?

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, I listened to the member ask a question of the previous government member who spoke, the member for Etobicoke—Lakeshore, about funding. I want to be very clear that our government has in fact increased funding to CSIS and the RCMP by over one-third. In fact, our government has provided $700 million more than what was provided in the last year the Liberals were in power, so there was certainly a failing on their part.

The bill is another step in the right direction. Is there more we can do? Certainly. I know that the government has committed to doing what needs to be done to ensure we protect Canadians and keep them safe.

I hope the member will join us in those efforts.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, as always, it is an honour to represent the citizens of Surrey North and to speak on their behalf on this particular bill, Bill C-44, which makes some amendments to the Canadian Security Intelligence Service Act.

Basically, this bill would broaden the powers of our intelligence agencies, CSIS and others, so that they have additional powers to carry out their work.

Defending public safety and civil liberties are key responsibilities of any government. I hope the Conservative government will take these responsibilities seriously when it comes to Canadians' safety and, equally, will carefully examine the civil liberties we have as Canadians.

Moving forward, we must do the hard work of ensuring Canadians' safety while guarding our values of freedom, tolerance, and inclusive democracy. As parliamentarians, as elected officials from our communities, we also have an equal responsibility to carefully review laws, security procedures, and legislation to make sure that we get them right the first time.

However, we have seen the government rush things through a number of times. This particular bill is under time allocation, and I will talk about that in a second.

The government tries to rush these things through, but as representatives of Canadian citizens, we have a responsibility to ensure that we go through any legislation that passes through this House with a fine-toothed comb. We are going to make sure the work is done responsibly and that there is careful study and evidence-based decision-making.

My friends across the aisle do not like to make evidence-based policy. We have seen that over and over. It is not only that a number of court cases and legislation have been thrown out by the Supreme Court, but sometimes the government picks numbers out of the air. We have seen the census eliminated by the government because it does not believe in actual numbers that will show Canadians what is happening.

The Minister of Employment and Social Development and his department have used numbers from Kijiji. For those who may not be familiar with Kijiji, it is—

[The Deputy Speaker, NDP, Joe Comartin]

The hon. member for Langley is rising on a point of order.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I am listening carefully to the member across the way. We are neighbours, but it is important to have relevance. We are dealing with the protection of Canada from terrorists act, not with what he is talking about, so I would ask that he make his comments relevant.

[The Deputy Speaker, NDP, Joe Comartin]

I have some difficulty with that. I can see the connection. It is a bit of a stretch, and I will recognize that, but there is a connection between the security he is referring to and the bill that is before the House.

I will give him some more leeway and ask him to try to rein it in a bit tighter.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I am mentioning this because this is a critical piece of legislation that deals with Canadian civil liberties and also deals with Canadians' safety.

I am asking Parliament to consider fact-based, evidence-based arguments to ensure that we go through this legislation, Bill C-44, with a fine-toothed comb, to ensure that we as parliamentarians take our responsibilities seriously, to ensure that the legislation we pass is protecting not only Canadians but also civil liberties. It is fair to lay out the record of what the government has done in the past and, absolutely, what I am talking about is related to this bill.

Let us talk about what has been lacking when we think about giving broad powers to intelligence and security agencies, but equally Canadians expect us to look at the other side, the oversight of these agencies, how much power they have, and whether we have a civilian and parliamentary oversight of these agencies.

Let us take a look at CSIS. The oversight for CSIS is being provided by SIRC, which is a part-time committee not made up of parliamentarians, but the current chair is a former member of the Reform Party, which was the Conservative Party. It has an additional two members. Two of the seats are vacant. Those are the facts of what the committee is made up of today.

Not only that, but the inspector general, which was an internal position that used to look at the activities of CSIS, was eliminated by the Conservative government. Therefore, when we give more powers to these agencies, Canadians expect us to ensure that there is proper oversight. The oversight of CSIS is already lacking. The NDP has been calling for more civilian oversight of these agencies, yet the Conservatives have stonewalled on this issue many times. This is one of things that Canadians expect us to debate in the House to ensure not only their safety but equally the civil liberties component.

In the Maher Arar inquiry there were a number of recommendations brought forward by the committee for the government to implement an oversight of these civilian organizations. Yet, we have seen over a period of time that basically the Conservatives have failed to deliver on those recommendations that Canadians expect us to implement to make sure that not only do we have these agencies protecting us but there is also some sort of oversight to ensure that they are within the law and ensuring Canadians' safety in a manner that is expected of them.

There are many concerns with the bill, one of which I have just talked about. The Conservatives could have brought in better oversight, especially when bringing in additional powers. It is equally important that we have oversight to make sure the work is being done properly.

The other aspect of the intelligence and security apparatus is that we have seen unspent money in the last three years. Not only that, but we have seen budgets being cut for these intelligence agencies that are supposed to be protecting Canadians. We have seen budget cuts under the current government. Conservatives pretend they are concerned about the safety of Canadians, yet when it comes to actually delivering resources for these agencies, they have failed to do that.

I am talking about millions of dollars to ensure that security agencies have the proper tools to protect Canadians, which have been cut.

I will quote some of the validators for the particular position that New Democrats are taking with regard to oversight. The privacy and information commissioners of Canada, while attending their annual meeting, noted the events in Quebec and Ottawa, and stated:

We acknowledge that security is essential to maintaining our democratic rights. At the same time, the response to such events must be measured and proportionate, and crafted so as to preserve our democratic values.

To sum up, Conservatives want to give additional powers to CSIS and other security intelligence agencies, and Canadians expect us to equally protect their civil liberties. Previously the Liberals and now the Conservatives have failed to deliver on that.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, this came before the standing committee and the member said it was rushed through, which I do not believe is accurate.

He said he has concerns about changes to the census, about oversight, and regarding the Maher Arar commission. Were these issues that he or his colleagues brought up at the standing committee when this was thoroughly debated and sent back to the House?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, of course this is being rushed through. The government just moved time allocation on this bill this morning. I am glad the member has given me the opportunity to explain to Canadians what time allocation is. It is basically shutting down the debate. There are many members on this side of the House, as well as on the Conservative side of the House, who will not have the opportunity to represent their citizens. This is one aspect of it. When we look at the recommendations that were made by the Maher Arar commission, none of them have been implemented by the current government over the last eight or nine years.

We have been screaming and yelling on this side of the House and were nudging the Conservatives in committee to ensure that there is proper civilian oversight of the intelligence agencies, and the Conservatives have failed on that.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I would put on the record that there are really no additional powers for CSIS in the bill that it does not already have. The bill responds to some court decisions and would allow CSIS to do legally what it has already been doing.

The member mentioned oversight, and he seems to be talking about civilian oversight. There already is SIRC, which is an after-the-fact oversight agency. I will admit that it is difficult for the government to find a balance between national security and civil liberties, but we have to find it and assure Canadians. I will ask for the member's comment on this. Would it not be better to have parliamentary oversight through a proper parliamentary oversight committee of all our national security agencies, as all our Five Eyes partners do? Australia, New Zealand, the United States, and the U.K. all have oversight.

There is a private member's bill, Bill C-551, before Parliament that would do that and on which there was all-party agreement. Mr. Speaker, you were on the committee, as was the Minister of Justice and the current Minister of State for Finance, where there was all-party agreement on parliamentary oversight. Would the member for Surrey North not see that as a good possibility?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I appreciate the wonderful question from the member for Malpeque. I have had the chance to work with him on the public safety committee.

One thing is very clear. What we currently have is not independent. It is not civilian oversight. It is a committee that is appointed. It is a part-time committee. Not only that, but we only have three members when we should have five. In addition, the head of this interim or part-time committee is actually a former member of Parliament from the Reform Party.

What Canadians expect us to do is come together as a multi-party committee to ensure that we have proper oversight of these intelligence agencies, to ensure that the course they are following does not infringe on Canadians' rights and civil liberties, and to ensure that somebody is watching over them.