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

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I am honoured today to rise to speak to Bill C-44, the protection of Canada from terrorism act.

It is important to begin this debate by acknowledging that all activities of the Canadian Security Intelligence Service are conducted in accordance with Canadian law. CSIS activities are also subject to full and complete review by the Security and Intelligence Review Committee, CSIS' dedicated review body. This seems to be something that my colleagues opposite are quite concerned about. They seem to think that we are in the movies where spies wantonly disregard our laws in order to put a stop to whatever threat may exist. While our security agencies do phenomenal work every day to keep us safe, it is not the content of a James Bond movie. Employees of CSIS follow the law, and that has constantly been found to be the case by the oversight bodies.

Let me put it quite simply for my friends across the way. This legislation would not change any of the robust review mechanisms that are currently in place. CSIS will continue to be subject to review and require judicial authorization for certain intrusive activities. CSIS will also continue to be accountable to its minister and to this Parliament. I say accountable to Parliament very deliberately. The director of CSIS, the commissioner of the RCMP, and the Minister of Public Safety recently appeared before a parliamentary committee for a frank and open discussion about the terrorist threat to Canada.

While some may call for these roles to be formalized and more bureaucracy to be created, we will continue to live by the old adage “if it ain't broke, don't fix it”.

This legislation would clarify elements of CSIS' mandate and address serious operational gaps, particularly for CSIS' international activities, by confirming its authority to operate abroad; clarify that the court can issue warrants for CSIS' international activities in consideration of relevant Canadian law; prohibit the disclosure of the identity of CSIS human sources, with narrow exceptions; and finally, protect the identity of the CSIS employees who are likely to be engaged in covert activities. These amendments to the CSIS Act are vital to address threats to the security of Canada.

For the sake of debate, I will focus my remarks on the aspect of this legislation that prohibits the disclosure of CSIS human sources. However, before doing that I would like to provide some historical and organizational context for this debate.

Like our allies, intelligence is collected in Canada through a range of sources, including open source research, signals intelligence, foreign reporting, authorized intercepts, and, important for us here today, human sources.

Human intelligence includes, but is not limited to, information provided to CSIS by individuals acting covertly and in confidence as human sources. All forms of intelligence collected are vital to Canada's national security interests. CSIS has its own distinct mandate and corresponding review and authorization regimes that reflect the nature of its investigative activities.

CSIS' mandate is clearly defined in law. The CSIS Act authorizes it to collect and analyze intelligence to the extent that is strictly necessary and to provide advice on threats to the security of Canada. CSIS must be able to conduct investigations within and outside of Canada in order to fulfill that mandate.

CSIS' role in Canada's national security community is to investigate threat-related activity and to advise the Government of Canada's partners so that decisions may be taken on the basis of all information available. This role is specifically provided for by Parliament. In this manner, CSIS intelligence, which by its very nature must remain secret, may inform decisions related to entry into Canada, immigration status, government security clearances, aviation security, and criminal investigations, just to name a few.

CSIS' human-source-based intelligence collection is a fundamental component of its investigations. One could question whether CSIS would even continue to be an intelligence agency without information from its human sources. CSIS human sources regularly provide CSIS with valuable information on threats to national security and, like any modern intelligence agency, the identities of these CSIS human sources are closely guarded secrets to protect their ongoing access to relevant information and, most importantly, to protect their personal safety.

When these sources share information with CSIS, they often do so at great risk to both themselves and their families, and do so out of a desire to keep Canada safe. These individuals should be lauded for their sense of duty to Canada and our way of life. I challenge members in the House to imagine what would befall these persons divulging information on the activities of such nefarious individuals should they be found out. Undoubtedly, such individuals would be viewed as traitors for sharing information with CSIS. Needless to say, the physical safety of CSIS sources is at risk should their status as informants become known. To ensure the safety and security of these CSIS human sources, it is essential that their identities remain confidential and that the government be able to provide a degree of certainty to secure their co-operation.

In that regard, the Supreme Court recently ruled that CSIS human sources do not benefit from a class privilege as police informants do. This means there is currently no guarantee that a human source's identity will be protected from disclosure in legal proceedings; therefore, there is the need for change. At the same time, the court acknowledged that the practice of putting CSIS sources before the courts, even in closed proceedings, could have a chilling effect on the willingness of citizens to come forward. Failing to protect the identity of CSIS human sources could undermine existing human-source operations, weakening the very foundation of CSIS' investigative tradecraft. That is why I support adding human-source protection amendments to the CSIS Act, and I hope others do too.

Without clarity on such measures, CSIS risks seeing its sources compromised, together with the investigations connected to them. We should be clear, however, that the proposed amendments were drafted to comply with the principles of fundamental justice and as such provide for narrow exceptions to this prohibition. At the order of a judge, the identity of a human source could be disclosed if that information were critical to prove the innocence of the accused at the criminal trial or, were the judge to determine that the individual was not a human source or that the information could not be revealed through a source's identity. That creates the balance that we are concerned about. While such provisions would likely be used infrequently, they balance the need for human-source-identity protection and the right of the accused to a fair trial.

Modern intelligence collection draws on a variety of sources, including open-source research, interviews, information from domestic and international partners, and warranted intercepts. However, the voluntary and confidential reporting of human sources remains the cornerstone of CSIS investigations. The complex terrorist threat that Canada faces, including events abroad and those here at home, demands careful consideration of all tools at our government's disposal to protect the safety and security of Canadians and our way of life. Protecting the identities of individuals who put their lives in jeopardy to assist our Security Intelligence Agency in this effort is a very important element in this response. That is why I call on all hon. members to support the important legislation of Bill C-44 before us today.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speakers, as members can see, we feel that this bill certainly does need to go to committee so that required changes to it can be discussed. On this side of the House, I do not think we feel that we should not be strengthening legislation when it comes to terrorism. However, at the same time, we have heard members on the other side talk about resources. They can put every legislative change under the sun in place, but if they do not provide the proper resources these are never going to be effective.

When I look at the appropriate resources section, it is important to note that the Conservatives actually cut funding for our public safety agencies for three straight years. There will be a total of $687.9 million in cuts by 2015. CSIS itself will be subject to ongoing cuts of $24.5 million by 2015, while Budget 2012 scrapped the CSIS position of inspector general altogether.

With that in mind, how can government members think we could take them seriously when they are cutting the very resources that need to be in place to protect Canadians?

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I thank the member for her question, but unfortunately the comments she made are not accurate.

In fact, our government has increased funding to CSIS and the RCMP by over one-third. Our government has provided $700 million more than the last years of the Liberals. That is a lot of money. It is a priority for this government to make sure Canada is safe.

The bill before us, Bill C-44, provides that balance that the NDP has spoken about. I hope those members will be part of that balance to make sure that Canada is secure, and civil liberties and Canadians are protected.

To be misleading by discussing funding cuts when in fact funding has increased is very unfortunate, and I hope the member will get on board.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, my question is aimed at trying to understand something here.

My hon. colleague spoke about the need in some cases to protect informants or sources. I can understand that intuitively, and the reasons he brought forward are logical, but at the same time I would like to better understand exactly what is involved.

I am not a lawyer, but if somebody is accused of an act of terrorism, for example, I assume there is some sort of proceeding in a court. Is it as simple as the prosecution saying that it has information from a source that the accused did this or that? Is that the way it would actually happen, where the informant's identity is hidden and what is put out by the prosecution is taken as fact? Is that the way it works?

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I thank the member for the question. It is a good one.

It is a fundamental condition of good democracy that we provide the judiciary with discretion, and that is built into Bill C-44. The courts would have the discretion to make an exception. At the order of a judge, the identity of a human source could be disclosed if that information were critical to proving the innocence of the accused at the criminal trial, or where the judge determines that the individual were not a human source or that information would not reveal the source's identity.

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, I am pleased to rise here today to discuss the important measures contained in Bill C-44, the protection of Canada from terrorists act. Our government has a duty to keep Canadians safe, and the bill contains prudent and responsible measures that give our law enforcement and security agencies the support and tools they need to protect our national security.

Before I begin the substance of my speech today, I would like to reflect on a quote from a constitutional lawyer and author. Phyllis Schlafly once said:

In a world of inhumanity, war and terrorism...citizenship is a very precious possession.

That is a very important part of what we are here to talk about today. Several key measures designed to keep Canadians safe are in this legislation. I will touch on each of them.

However, first I would like to talk about the measures to give effect to legislation recently passed in Parliament. I am talking about the Strengthening Canadian Citizenship Act. The key part of this legislation was about stripping citizenship from Canadian citizens who are engaging in terrorist activity. The bill before us today would expedite this measure coming into force. That is a very good thing. We have seen, sadly, numerous instances in the past several weeks in which Canada has been afflicted by terrorism. These acts have highlighted some of the challenges of keeping our citizens safe in a changing world.

We just saw, this past weekend, some extremely gruesome footage of Islamic State terrorists beheading 18 men, including an American humanitarian aid worker and former U.S. Ranger, Peter Kassig. In cold blood, these terrorists cut off the heads of nearly two dozen fellow men simply because they disagree. This is the definition of barbarism and pure evil. Should any of those terrorists be Canadian citizens, I believe we would all agree they should not have the precious possession of Canadian citizenship.

I know that some of my colleagues opposite, specifically those from the Liberal Party, have previously disagreed with this notion. I hope that recent events will give them cause to realign their thinking.

My constituents do not agree with the leader of the Liberal Party when he says that taking the passport away from someone who is planning on travelling for a terrorist purpose is “an affront to Canadian values”.

The legislation before us today would do more than simply create a technical fix to bring legislation into force. It would also create, for the first time, protection for intelligence sources that is similar to that for law enforcement sources. Individuals on the ground in war-torn countries who work with CSIS are often putting themselves and their families at great personal risk. They do it simply because they know it is the right thing to do. We will not force their identities to be disclosed unless it impedes the right to a fair trial.

I make that point very deliberately. The bill before us today has a specific exemption to protect the rule of law, because we believe in the fundamental protection of individual freedoms, rights, and the rule of law. To do otherwise in the face of a threat would be allowing the terrorists to win. However, we must also strike the appropriate balance. We must not overreact, but we must not underreact to the threat of terrorism. These threats are real and must be taken very seriously in order to keep Canadians safe.

There are many common-sense solutions that can be brought to bear to combat terrorism, including those we are debating today. They include measures in the area of surveillance, detention, and arrest.

I am pleased to hear that the Minister of Public Safety and Emergency Preparedness and others are working on bringing these tools forward.

However, those tools are a matter for another day. I would like to discuss the next piece of the bill, which confirms that CSIS would have the authority to conduct investigations outside of Canada and which confirms that the Federal Court would only have to consider relevant Canadian law when authorizing these activities.

There are two points that underscore the importance of this measure. First, all intrusive activities conducted by CSIS are judicially authorized. There is no freelancing or haphazard violation of privacy. Second, it is important that only Canadian laws be considered in authorizing these warrants. Currently, and bizarrely, the courts consider whether the decrees of a foreign dictator would be broken when CSIS was engaging in an investigation to protect Canadian security. I would argue that the Canadian Constitution is the only relevant document.

The last element of the bill that I would like to touch on today is the protection of the identity of CSIS employees who are likely to become engaged in covert activities. Currently, it is an offence to disclose the identity of an employee who is engaged in these activities, but there is no protection for individuals who are training to become covert operators or those who are in between covert activities. These individuals are just as at risk as individuals actively engaged in surveillance work. They must also be protected, and the bill would fix that situation.

As we debate these measures today, it is important to place them in some context and make note of our Conservative government's strong record of enhancing public safety and national security. We have given law enforcement new tools by making it a crime to go overseas to engage in terrorist activity. We have given authorities tools to strip Canadian citizenship from those engaged in terrorist activities. We have increased the funding for our national security agencies, such as the RCMP and CSIS, by a third. We introduced new measures to allow our national security agencies to better track threats in Canada.

These are all important measures, but there still remains more work to be done. That is why I urge all of my colleagues in this place to join me in supporting this vital legislation, which represents another prudent and responsible step forward to protect our national security.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, again, I must reiterate this. They are trying to make it look as if they did not cut any funding out of public safety, but they did. They can take the money out and say that they have put some back in, but it does not change the fact that they have already taken some money out and that it has already been shortchanged.

My colleague spoke about the changes to the Citizenship Act, which are in this bill as well. That is interesting, because the amendments to the Citizenship Act would not actually provide any real change, other than accelerating the timelines for citizenship revocation for dual citizens involved in terrorist activities and other serious crimes.

We have had some debate on this with respect to the previous bill that they tabled about revoking citizenship. I am concerned that everything they are doing would remove some of the civilian oversight that should be in place. It would not protect the civilian oversight.

As we have mentioned before, with respect to the revocation of citizenship, the fact is that we have immigrants who are here and who do not know anything about any other country. We have to be mindful about how we do business, and we need to ensure that, when we put legislation in place, it will actually withstand the Canadian Charter of Rights and Freedoms.

Can the member tell me whether or not what they are putting in place would actually withstand a challenge under the Canadian Charter of Rights and Freedoms?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, let me just say from the outset that in no way, shape, or form is civilian oversight diminished in the current bill we are discussing nor in any other bills that we have placed before Parliament that protect public safety.

I will again take issue with the member saying the opposite to what is actual fact, which is that we have increased the budgets for the RCMP and CSIS by a third. That is a fact and something that again needs to be clarified.

What we are talking about is taking steps to confirm that the existing powers of CSIS are the powers that are under the rule of law in this country. When citizens come to this country, they have to understand the laws of Canada and understand that if they are to live in this country they will need to abide by the laws of this country. That is what we are here for as legislators, to set those laws and make sure that the citizens who come here realize that we all abide by that rule of law.

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, there is a fundamental mischaracterization of some of the challenges we are facing. This notion that people come to this country to create some of the challenges we are facing is not borne out by the fact that Canadian-born citizens have become responsible for some of the issues we are trying to deal with here.

The member opposite spoke about the Constitution being fundamental to this issue. He described this bill as something that would strengthen citizenship by in fact undermining its basic tenets—to take away someone's citizenship is to weaken the meaning of citizenship completely.

The issue that concerns us most is this way in which the Conservative Party speaks out of both sides of its mouth on the issues of judicial oversight. The Conservatives complain about activist judges, and they complain about judges who use too much discretion, yet now we are supposed to rely on those very same judges to use their discretion in a way that makes us safe.

I would like the member opposite to clarify his remarks. Does this party trust judicial discretion? If it does, why is it such a big fan of mandatory minimum sentences?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, with respect, the hon. member's last comment has nothing to do with the debate here today. It goes off into another area, which is typical of the Liberal members.

He talks about the fact that, if individuals in this country are known as terrorists who are intending to travel for the purposes of expanding their role as terrorists, somehow it infringes on their personal freedoms and rights that we would take citizenship away. That is the position of the Liberal Party. It is totally unacceptable.

[John Barlow, Conservative, Macleod, AB]

Mr. Speaker, I appreciate this opportunity to rise for the debate on this very important issue.

I would like to start with a pretty simple statement, one which I think may be a radical notion to some of my colleagues. Evil is real, and evil exists in the world around us today. Canadians listening to this debate at home may say that this is an obvious statement, but listening to some of the members opposite and beside me, this is one that bears repeating.

We see evil in many facets of our life. It endangers our communities, our homes and our families. The most recent manifestation of this evil has shown itself in the Islamic State of Iraq and the Levant, known as ISIL. It has engaged in untold and unbelievable atrocities, shocking the senses of ordinary Canadians and decent human beings around the globe.

This past weekend a video was released showing more than a dozen men being beheaded by ISIL terrorists, including the American aid worker and former U.S. army ranger, Peter Kassig. Kassig's parents wrote on Twitter that they were heartbroken to learn their son had lost his life as a result of his love for Syrian people and his desire to ease their suffering. However, I was heartened to see our Conservative government condemn the barbaric actions of these terrorists in the strongest possible terms.

In addition to these horrific scenes from Iraq and Syria, recent frightening terrorist attacks right here at home are a stark reminder that ISIL is a threat to every Canadian. Perhaps we were naive to think the atrocities happening in far off places, in areas of the world that we may never visit, could happen right here at home and could impact us.

Unfortunately they have happened here, and we must use all available means at our disposal to ensure this does not happen again. If we do not, we are simply failing in our duty.

We must take action. This is why we are taking part in the coalition currently conducting air strikes against ISIL and supporting the security forces in Iraq in their fight against this terrorist threat. It is also the reason we are working diligently to strengthen the tools available to the police and intelligence community in Canada. The protection of Canada from terrorists act is just the first step in our efforts to ensure police and intelligence services have the tools at their disposal to keep our communities and our families safe.

Let us take a moment to look back at what our government has already done in the area of protecting Canada and our national security from those who wish to harm us.

First, we have given law enforcement new tools by making it a crime to go overseas to participate in terrorist activity. We have also given authorities tools to strip Canadian citizenship from those engaged in terrorist activity. We have increased funding to our national security agencies, including the RCMP and CSIS, by one-third. Finally, we have introduced new measures to allow our national security agencies to better track threats against Canada.

This is a good foundation, and we should be proud of the work done by those entrusted to protect all of us. However, recent events, including those which took place just mere steps from where we are today, show more needs to be done to ensure our national security.

As I have stated, Bill C-44, the protection of Canada from terrorists act, is one tool which will allow us to achieve that goal. This legislation addresses four problems which have stymied CSIS over the years.

First, the bill would confirm CSIS would have the authority to conduct investigations outside of Canada. This is something that is common sense, but it really does need legal clarity.

Second, it would confirm that the Federal Court could issue warrants for CSIS to investigate, within or outside Canada's boundaries, any threat to the security of Canadians.

Third, this would give the Federal Court the authority to only consider relevant Canadian laws when issuing warrants authorizing intrusive activities conducted by CSIS abroad.

Last, it would create an automatic protection for the identity of CSIS human sources subject to the protection of the right to a fair trial.

I would like to take time to emphasize that last point.

Like all Canadians, our Conservative government values freedom, liberty and the rule of law. While some have accused this government of trying to use the horrific events of late October as a pretext to clamp down on civil liberates, nothing could be further from the truth. In fact the legislation before us today contains a clause that specifically enshrines the fundamental right to a fair trial.

Let me be abundantly clear. We will not overreact in response to the recent terrorist attacks. However, it is also time that we stop under reacting to the threats against us here in Canada. Bill C-44 would give our national security agencies some of the tools they would need to protect Canadians from terrorists, while at the same time respecting the rights of all of us.

We will never turn our back on the fundamental Canadian values to respect individual rights and the rule of law.

I am pleased to see my colleagues in the other parties will be supporting this legislation being studied by the Standing Committee on Public Safety and National Security. This represents a major and positive step forward, and I applaud them for making an informed decision. I say that because previously the NDP voted against legislation making it illegal for individuals to travel abroad to engage in terrorist activities.

This is really quite relevant when we consider the media's reporting that some of those gruesome acts committed by ISIL over the last weekend, which I referenced earlier, were committed by a British medical student. All of us here have also seen radicalized Canadians who have gone overseas to participate in terrorist attacks and terrorist activities in Syria and Iraq.

Even further afield than that, the Liberal leader has said that he believes revoking a passport from a terrorist is an affront to Canadian values. I could not disagree more. What is more, the leaders of both major opposition parties refused to call the individual who killed Corporal Nathan Cirillo a terrorist, even though it was clear he had religious and ideological motives and despite the fact the Commissioner of the RCMP confirmed what all of us already knew, this was a terrorist act. Opposition members seemed to ignore the clear evidence that was in front of them.

That is why I began my speech today to remind all of us that evil does exist in this world today. This is not merely a piece of political rhetoric. Nor is it something drawn up in the backrooms by Conservatives. It represents issues facing all of us as legislators. If we are being responsible, if we are respecting the office we hold and if we are standing up for those who sent us here, we will take this issue seriously.

I am truly glad to see that both of the opposition parties have rejected their previous position and now support providing our police and intelligence officials with the tools they need to keep all of us safe, tools they must have to protect our communities, our homes and, speaking as a father and husband, to protect our families. I hope the support for our Conservative government's common sense and balanced approach to national security continues in the future.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, this bill certainly needs to have that discussion. As I said, we will be making some recommendations for changes at committee stage.

What we are disappointed about is the bill does not include improved civilian oversight of CSIS, and that is very important. Over and over again, we heard the need for that to occur. If the government wants to enhance the powers of CSIS, it must also act on recommendations to strengthen the civilian oversight. As we indicated, civil liberties are at stake and we need to ensure we get it right if we are to make such drastic changes.

Some of the proposed changes could significantly impact the judicial proceedings and that is why it needs to be looked at quite closely. We also need to examine the government's safeguards around information sharing with allies to ensure appropriate safeguards are in place.

There have been people who have ended up on the no-fly list, but they had done nothing wrong. They were not terrorists or had never been charged. One of my colleagues had been on the no-fly list. We need to ensure that all of those safeguards are in place. More important, we need to ensure that civilian oversight is in place.

Could the member confirm that civilian oversight will not be an either/or, that there will be civilian oversight in the bill to protect civilians?

[John Barlow, Conservative, Macleod, AB]

Mr. Speaker, my colleague brought up some good points, but I want to reiterate what I said earlier. The bill does enshrine the rule of law and that CSIS, as in the past, must act strictly by Canadian law. The bill would further strengthen that Canadians and people around the world who CSIS might deal with, whether it is within our borders or outside our borders, it must act and follow Canadian law. That is an important aspect of the bill which is further solidified in this document.

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, we all share a desire to make our country safer for our families and all Canadians. I do not think that is in dispute.

If we look at the laws that are on the books, for example, it is illegal to go abroad to participate in a terrorist organization. Those laws already exist. What has been extended is the ability of judges to use their discretion and police forces to use their investigative techniques to prosecute those individuals differently. That happens under a cloak of judicial discretion and there is no way of checking to see whether discretion is being applied properly.

A cornerstone of good lawmaking is civilian oversight. It is why we are here. Yet we find ourselves in a situation of being asked to support legislation that makes it extremely difficult to get a passport, while at the same time contemplating making it easier to get assault weapons. Individuals are deemed too dangerous to get a passport, but not dangerous enough to be prevented from getting semi-automatic weapons. In fact, the party opposite is actually proposing to take the RCMP out of the equation when it comes to accessing very dangerous weapons.

Why is a passport more dangerous to the safety of Canadians than semi-automatic weapons?

[John Barlow, Conservative, Macleod, AB]

Mr. Speaker, comparing the ability to access a passport and a semi-automatic weapon is a pretty far reach. If we were to ask almost any law-abiding gun owner about some of the issues they face in getting licences and using their firearms, they are quite extensive compared to what it takes to get a passport.

The opportunity for us to revoke citizenship and passports from those who we know, and our security forces have identified, as either planning terrorist acts or going abroad to participate in terrorist acts is something we need to do. As I said before, CSIS will be governed by the rule of law and our courts, and everybody will have an opportunity for a fair trial.