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

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, today I as well rise to speak in support of Bill C-44, the protection of Canada from terrorists act. The bill aims to make amendments to the way CSIS, the Canadian Security Intelligence Service, does business.

CSIS was created in 1984 in response to the McDonald commission's identifying a need for an intelligence service independent from the RCMP. Thirty years later, the nature of the work CSIS does has changed dramatically, and Bill C-44 is about having our laws reflect these changes.

As evidenced by recent events, be it the acts of terrorism on Canadian soil, the barbarism of ISIL in Iraq and Syria, or the actions of jihadist groups such as Boko Haram in Africa, it is clear that the threats we face have evolved.

The protection of Canada from terrorists act would help our intelligence service better identify and respond to the threats we face today. This would ultimately protect both Canadians and Canadian values.

Presently CSIS operates in a much more limited scope than many Canadians realize. I believe many Canadians would be appalled to discover that CSIS agents cannot protect their identities when they travel outside of Canada.

It is equally unthinkable that their human sources, the individuals upon which national security cases may be depend, are not protected to the same level as informants in cases such as organized crime.

I also believe Canadians would be shocked to learn that CSIS has not been mandated to work outside of Canada.

The protection of Canada from terrorists act aims to fix all this. It would essentially work by providing our intelligence services the tools most Canadians believe they already have and always should have had.

CSIS does a remarkable job in protecting Canadians. I thank the women and men of the service for the work they do every day in keeping Canadians safe. They truly are unsung heroes when it comes to protecting this country.

It is time to give them a hand. CSIS agents should not have to risk their safety and security when working abroad. Bill C-44 aims to correct all this. It represents the modernization of CSIS, the first major changes to the operation of the organization since its establishment.

In 1984, when CSIS was created, the Cold War was still raging. Russia was in Afghanistan, and Communism was the greatest threat to world peace. Much has changed since this time and, yet the legislative structure of CSIS has remained the same.

While the Leader of the Opposition may be debating what constitutes terrorism—and indeed, will not even utter the words—on this side of the House, it is clear. The past month has plainly demonstrated the terrorist threat to Canadians, and when terrorists threaten the Canadian way of life, we must take reasonable and responsible measures to strike back.

As my colleague, the Minister of Public Safety and Emergency Preparedness, has said, we must not under-react or overreact; however, the reality is that freedom is not free. Our military's actions in Iraq have struck multiple terrorist targets, including equipment being used to divert a river in order to force civilians onto roads that are more easily attacked.

The threat is more diffuse than it once was. The ranks of ISIL and other terrorist organizations are filled with foreign fighters, brainwashed and converted westerners who travel to these regions to engage in war crimes and acts of barbarism. These individuals are often converted at home before travelling abroad.

The bill would help ensure that our intelligence service can gather intelligence on these individuals while they are abroad, so as to ensure they face the full weight of our justice system if they return.

The radicalization of individuals often occurs in their homes. As such, it is often members of the family who first see the signs that could alert authorities to potential threats. Whether they are family, friends, or co-workers, it is important to remove all the obstacles from the path of those willing to testify against those who would commit acts of terrorism against all Canadians.

That is why the provision in the bill that would provide for the protection of human sources is so important. Those taking this step should be commended and be provided the best protection we can offer, in hopes that they and others would be encouraged to testify and put dangerous individuals behind bars.

Witnesses should not face the uncertainty of their identity potentially being exposed to the media and those who would do them harm. By providing all witnesses protection in these sensitive cases, we can ensure that others will be willing to come forward, in turn ensuring that dangerous individuals are put behind bars.

While there are those who have expressed concern regarding the anonymity of sources, I note that there is a provision in the bill that would protect the right to a fair trial. I would draw members' attention to proposed subsection 18.1(4) in the bill.

This subsection would provide for an amicus curiae, which literally means “friend of the court”, who is charged to act as a special advocate to determine the validity of maintaining the source's anonymity when there is belief that it is essential to establishing the innocence of the accused. In this way, a neutral third party is used to ensure that the Canadian value of a right to a fair trial is properly balanced with the safety and security of those who would testify to make Canada a safer place.

While I am not a lawyer, I believe this provision would successfully navigate tricky constitutional waters to deliver Canadians a remarkably well-balanced and effective bill. Bill C-44 would protect Canadians from terrorists and make Canada a safer place.

The tools that Bill C-44 would provide our intelligence service are long overdue and a necessary part of modern intelligence gathering. Let us bring our spy agency up to date and in doing so protect all Canadians.

I therefore urge members of all parties to send this bill to committee, where they can study it and come to the same realization that I have: Canadians deserve the protection of Canada from terrorists act.

[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 Brandon—Souris for that speech as well as for his previous work on the public safety and national security committee.

It is interesting to note that in one of the last statements in your speech, you said, “It is time to bring the spy agency”—

[The Deputy Speaker, NDP, Joe Comartin]

I am sorry, but the parliamentary secretary should be aware that she has to address her comments to the Chair and not to individual members of Parliament.

[Roxanne James, Conservative, Scarborough Centre, ON]

Thank you, Mr. Speaker, for reiterating that. I appreciate it.

One of the member's last comments in his speech was with regard to bringing the spy agency up to date. I think that is important to note, because the CSIS Act was first passed way back in 1984. In fact, I remember being in high school and using my dad's typewriter to type up my first resumé to get a part-time job. I think most Canadians would agree that it is certainly time to bring the act up to date. Obviously the threats against our country and security have changed, as have the factors that participate in or contribute to that national threat.

The bill would give CSIS the ability to operate overseas and to protect its informants. I would like to ask the member what he thinks would happen if this legislation did not pass. What would happen if all of a sudden CSIS no longer had the ability to protect its human sources or informants in the same way that other law enforcement agencies do across this country, or did not have the ability to operate overseas to track terrorists who leave this country and engage in acts of terrorism across the globe?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, I would like to thank my colleague for that question. It is a very good one.

Certainly if these people were not to receive the protection that is offered in this bill, their lives would be jeopardized. I think that is an untenable position to put Canadian people in when they are trying to do their very best in regard to the security of our country and all of its citizens.

The situation would be such that CSIS would not be able to track people in offshore areas either. It is an absolute necessity for our CSIS agents to be able to follow people who are becoming radicalized and hunting our own comrades down. They fight against democracy and freedom and against people having the life that we enjoy in our country and in many of the countries that we believe strongly in helping. Bill C-44 would certainly be a benefit to all of those countries and to ourselves in providing security to our intelligence agencies. As the member for Scarborough Centre has indicated, many informants would certainly be put at risk without the bill.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, Canada has a special relationship with New Zealand, Australia, the U.K., and the U.S.A.. We are known as the Five Eyes group. The other four nations have what they call a parliamentary oversight, whereby politicians are afforded the opportunity to ensure that there is oversight of national security agencies.

As part of the Five Eyes group, why is Canada the only nation that does not have parliamentary oversight of its national security agencies?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, I referred to proposed subsection 18.1(4) in the bill. The amicus curiae is an opportunity for at least some protection with regard to having an anonymous third party. This third party would keep the people in the security system anonymous, whether offshore or here in Canada, and this would benefit the security of all Canadians.

My colleague indicated that we work closely with all of these other nations. They are involved in the world's security as well. It is a privilege to be able to continue to work with them on a daily and timely basis.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I rise today to participate in this debate on Bill C-44, which we are very concerned about. As we have heard today, this bill would make changes to the Canadian Security Intelligence Service, more commonly known as CSIS. The bill would also amend the Canadian Citizenship Act, which has nothing to do with CSIS, but we are starting to get used to seeing omnibus bills from this government.

I want to talk about three main concerns: the need for an in-depth study, the modernization of CSIS and the fight against radicalization. Bill C-44 is a hot topic, in light of last month's traumatic events, which we all went through. Everyone here in the House, and all Canadians, were affected by these tragic events.

First, as many of my colleagues have mentioned in previous debates, I believe that Bill C-44 is a piece of legislation that requires careful examination. It is simple. We want to send the bill to committee to be studied. This involves consulting experts in all areas, conducting comparative analyses of the measures in other countries, identifying past mistakes and shortcomings, and studying best practices here and abroad.

How will this legislation change legal proceedings? Will this bill affect my civil liberties here and abroad? Are we becoming more of a police state? These are the kinds of questions that Canadians are asking, and they deserve answers. Only a comprehensive, transparent study in a multi-party parliamentary committee can clarify this issue.

Second, we were extremely disappointed when this bill received first reading, because the bill does not strengthen civilian oversight of CSIS. Let us be clear: the bill would legally authorize CSIS to conduct security intelligence operations abroad, enable the Federal Court to issue warrants that have effect outside Canada, and protect the identity of CSIS's human intelligence sources in judicial proceedings. This combination of powers is a source of concern.

CSIS has been the subject of much criticism over the course of its existence. Its lack of a civilian oversight mechanism and the absence of accountability measures are two criticisms that often make headlines.

The Conservatives want to change CSIS's powers, but we should start by fixing what is broken. Over the past eight years, the government has ignored a number of recommendations to modernize CSIS. Take the Maher Arar inquiry, for example, and the advice of the Information Commissioner of Canada and the Privacy Commissioner of Canada. All of their recommendations are along the same lines and call for effective and increased civilian oversight of CSIS.

Some countries went to war because their intelligence agency assured them that there were weapons of mass destruction in another country. It was a hasty decision, made with little oversight, that resulted in many errors and regrets. Relying on inaccurate information or making false accusations will not help improve security—quite the opposite.

For this to work, we need to draw inspiration from best practices instead of repeating our own or others' mistakes. Currently, the CSIS oversight organization, the Security Intelligence Review Committee, is a part-time committee. Members are appointed by the Prime Minister, and one of them is a former Reform MP. Two of the seats have been vacant for months. Is that an example of best practices that we can be proud of?

Today, we have an opportunity to do things properly. The Conservatives want to make major changes to CSIS, but so do we. We want a real civilian oversight mechanism, not the inadequate committee that is currently in place.

Third, many public safety experts who appeared before House of Commons committees mentioned that there are not enough resources. Public safety agencies like CSIS have been affected by three consecutive years of budget cuts. The Conservatives seem to think that they can make up for years of cutbacks by giving the agencies more powers and responsibilities.

I would also like to point out a very significant shortcoming in the government's approach. The Conservatives want to combat terrorism without any real plan for addressing the root causes of radicalization. Communities are asking the government for help, but no measures have been announced to create partnerships with communities.

We support an in-depth study, but the government must be open to amending the bill. This is about keeping Canadians safe, while protecting the pillars of our inclusive democracy and therefore our shared values of freedom and tolerance.

Why not make this a Parliament of Canada bill, rather than an ideological bill? We are prepared to work with all members of the House in order to reach a parliamentary consensus.

In closing, I would like to remind the House that the first thing we need is an in-depth study demonstrating that the bill is necessary, which means conducting a full and transparent study in committee, looking at best practices around the world, and consulting with experts from all walks of life.

Next, the Canadian Security Intelligence Service needs to be completely modernized, which would include a real civilian oversight mechanism, not the one currently in place, since it is flawed. Lastly, the government must re-examine the resources available to public safety agencies and create a plan to combat radicalization, in partnership with Canadian communities.

We hope the government will be open to our proposals, so that we can reach a consensus that will benefit all Canadians.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I would like to correct a few things I heard in that speech that are absolutely not true. With regard to there being years of cutbacks by our government, that is contrary to what has actually happened under the Conservatives. We have increased funding for our agencies by one-third since taking office. In fact, we have increased funding for the RCMP by $700 million and our Canadian Security Intelligence Service by $200 million, so that is an absolute misrepresentation of the facts here in the House.

I would also like to bring to the attention of the member that in her speech she talked about having parliamentary oversight like that of the United States, but also said that the United States intelligence agencies misled their government about weapons of mass destruction, leading to the war in Iraq. Therefore, it is quite a conundrum, looking at two sides of the same stone and trying to come up with their position on this.

The real question is whether the NDP member actually understands what terrorism is. Past quotes from the Leader of the Opposition indicate that he does not believe that the attack here in Ottawa that took the life of Corporal Nathan Cirillo and attacked our government institution here on Parliament Hill was in fact terrorism in the sense that he understands it. The RCMP understands it. The Criminal Code defines it. The U.S. Secretary of State was here and said it was terrorism. In fact, the President of France stood in the House and called it terrorism. Perhaps that is the real question here: the NDP simply does not understand it.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I am convinced that the member is well aware that the terrorist acts committed here in Ottawa by a person who entered Parliament while we were all in the House, and the events that we went through recently, were based on values that we do not share and do not want to see.

We cannot say that those people were immigrants. They were born here in Canada. As I said in my speech, those people need help and support. Communities are asking to take some time to have a discussion and put in place measures to help individuals before they act. We know that the individual was acting alone.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the member talked about protecting Canadians' security while protecting true Canadian values, or something along those lines. I agree with that point and it is why I believe we need a broader oversight agency than the one that a number of NDP members have been proposing. I want to speak in defence of SIRC, the after-the-fact oversight agency of CSIS at the moment. It does good work, though I do not believe it has the resources to do all the work it needs to do.

I will refer to SIRC's report entitled, “Lifting the Shroud of Secrecy”, which is its last report. It outlines in a number of places serious concerns with the way that CSIS is currently operating, and I will read one quote so that the member is aware of it. It states:

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

That is a serious concern that SIRC has found. I think it is doing its job as best it can. I do not believe there should be another civilian oversight agency. But in addition to SIRC, which provides an after-the-fact review, Parliament needs to have an oversight agency that is sworn to secrecy, can see classified documents, and can be aware of what all the national security agencies are doing together. It would ensure, on the one hand, that the national security agencies are doing their jobs and, on the other hand, that they are not exceeding their bounds and infringing on civil liberties in this country. Would the member not agree that is a necessary oversight agency?

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, our national anthem says that we must protect our homes and our rights. Those two things sum up the issue very well.

We believe that the government is responsible for protecting both public safety and civil liberties.

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, I am pleased to rise today to speak to Bill C-44, the protection of Canada from terrorists act. This legislation would make important changes to modernize the CSIS Act as well as bring into force provisions related to revoking the citizenship of terrorists and those who take up arms against the Canadian Armed Forces.

Our government has a strong record of action in protecting Canada's 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 one-third. We have introduced new measures to allow our national security agencies to better track threats to Canada. However, it is clear that there is still much more work to be done.

This past Sunday, we all saw a video released of more than a dozen men being beheaded by ISIL terrorists, including the American aid worker Peter Kassig. His parents said that they were heartbroken to learn that their son had lost his life as a result of his love for the Syrian people and his desire to ease their suffering. As Canadians, we all, in this House and across this country, condemn these barbaric actions in the strongest possible terms.

In addition to the horrific reports from Iraq and Syria, recent horrific terrorist attacks right here at home, as we all know, have been and are a stark reminder that ISIL is a threat to Canadians. That is why we are taking part in the coalition that is currently conducting air strikes against ISIL and are supporting the security forces in Iraq in their fight against this terrorist scourge. That is also the reason we are working very determinedly to strengthen the tools available to the police and the intelligence community. The protection of Canada from terrorists acts is just the first step in our efforts to do that.

As chair of the public safety committee, I am certainly pleased to discuss in a bit more detail some of the key measures that would appear before the committee for evaluation. This bill has several key measures that I would like to discuss, then, in more detail.

First is the authority to investigate threats, collect foreign intelligence within Canada, and provide security assessments. Section 12 of the CSIS Act mandates CSIS to collect and analyze intelligence on threats to the security of Canada, and in relation to those threats, to report to and advise the Government of Canada. These threats are defined in the CSIS Act as espionage or sabotage, foreign-influenced activities that are detrimental to the interests of Canada, activities directed toward the threat or use of acts of serious violence, and activities directed toward undermining the system of government in Canada.

Section 16 of the CSIS Act authorizes CSIS to collect within Canada foreign intelligence relating to the capabilities, intentions, or activities of any foreign state or group of foreign states, subject to the restriction that its activities cannot be directed at Canadian citizens, permanent residents, or corporations.

Sections 13, 14, and 15 authorize CSIS to provide security assessments to the Government of Canada, provincial governments, and other Canadian and foreign institutions; to provide advice to ministers of the crown on matters related to the Citizenship Act and the Immigration and Refugee Protection Act; and to conduct such investigations as may be required to perform these functions.

I would like to discuss investigative techniques in more detail. Fulfilling these mandates requires that CSIS use a suite of investigative techniques. These techniques can include, among others, open-source research, physical surveillance, interviews, and analyzing intelligence from a variety of sources. Human sources, however, are at the core of CSIS's ability to fulfill its mandate to investigate and advise on threats to the security of Canada. Techniques used by CSIS may include, among others, searches of a target's place of residence, analysis of financial records, or telecommunication intercepts.

Section 21 of the CSIS Act authorizes CSIS to apply for a warrant to conduct activities where there are reasonable grounds to believe that a warrant is required to enable CSIS to investigate a threat to the security of Canada or to perform its duties and functions pursuant to Section 16 of the CSIS Act. The CSIS Act requires that the Minister of Public Safety and Emergency Preparedness approve warrant applications before they are submitted to the Federal Court. Co-operation with other domestic agencies is also critical.

Section 17 of the CSIS Act authorizes CSIS to co-operate with any department of the Government of Canada or the government of a province or any police force in a province. CSIS, as such, works closely with the Royal Canadian Mounted Police, Canada Border Services Agency, other government departments, and police forces across Canada. CSIS's co-operation with these entities must be approved by the Minister of Public Safety.

In investigating threat-related activities occurring outside of Canada, CSIS's relationship with Communications Security Establishment Canada is particularly important. CSIS relies heavily on the capabilities and expertise of CSE to conduct telecommunications intercepts outside of Canada.

CSE's legal authority to provide assistance to CSIS stems from paragraph 273.64(1)(c) of the National Defence Act. CSIS must obtain a warrant from the Federal Court of Canada to seek assistance from CSE to intercept the telecommunications of a Canadian outside of Canada.

As well, we cannot forget the importance of co-operation with foreign intelligence agencies. Fulfilling CSIS's mandate also requires that CSIS undertake investigative activities outside of Canada and co-operate and share intelligence with foreign entities. Targets of CSIS's investigations often depart Canada to engage in a range of threat-related activities. At the same time, in some cases, threats to the security of Canada develop entirely outside of Canada.

CSIS cannot limit itself to undertaking investigative activities only within Canada. Pursuant to section 17 of the CSIS Act, CSIS may, with the approval of the Minister of Public Safety, after consulting with the Minister of Foreign Affairs, enter into an arrangement or otherwise co-operate with the government of a foreign state or an institution thereof.

Unfortunately, in the past, the opposition has been less than supportive of measures to keep Canadians safe from terrorists. The NDP voted against making it a criminal offence to travel abroad to engage in terrorism. The Liberal leader has said that it was an affront to Canadian values to strip passports from those who may engage in terrorist acts.

I am pleased to see that all parties in the House have expressed support for further studying this important bill at committee. I hope that this support continues, and I encourage all members to support these most important measures.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, defending public safety and civil liberties are both key responsibilities of any government. What we have seen from the Conservative side over the last three years have been cuts to Public Safety to the tune of more than $688 million. Of that, $24 million in cuts have been made to CSIS.

If we are going to ensure safety for Canadians, how can the government justify cutting the very tools needed to provide that safety? Can the member respond to this question?

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, I have two points.

First, regretfully, I heard one of the members of the official opposition state that balance was not necessary, that balance between civil liberties and public safety was not necessary. That is absolutely shocking.

However, when it comes to reductions, the fact remains that over the past number of years, we have added, by one third, the amount of expenditures for our surveillance services.

There has been a reduction as of late. However, we met with CSIS Director Michel Coulombe, Commissioner Paulson from the RCMP, the minister, and senior departmental people. We asked them if the reduction has had any influence on their ability to do the job for Canadians. They assured us that it did not. They knew darn well that the small reductions were made at the administrative level, at the front office level, and have had absolutely not been enacted on those in the field of operations.