Mr. Speaker, I am pleased to rise today to discuss this very important piece of legislation, legislation that is timely, that is consequential, that will help the House and this government uphold its principle duty to Canadians, which is to ensure their safety and to protect them from threats that we know to be all too real.
The protection of Canada from terrorists act gives our security agencies the vital tools they need to keep Canadians safe. So far in the debate, we are pleased to see the emerging recognition from parties opposite that these tools are needed, that they are part of our national response to the threat of terrorism and that it is time we took action to make sure that the agencies on which we rely to carry out that duty on behalf of government, on behalf of our democratic institutions, have these tools available to undertake the reasonable activity required to, once again, keep Canada and Canadians safe.
Before I begin my remarks on the substance of the legislation, let me remind us all once again why these measures, which were contemplated long before the attacks of last month, are doubly warranted and doubly relevant given the events that occurred at the National War Memorial and in our Hall of Honour just steps from where we are today.
Those events are a reminder that ISIL and other terrorist groups are a very real threat to Canadians. That is why we are taking part in air strikes against ISIL this week. That is why we are supporting the security forces of Iraq in their fight against the scourge of terrorism. All of these measures go together to ensure that Canada and Canadians are kept safe, that we work in concert with allies and partners in NATO and in the region to ensure that this threat that is principally victimizing the people of Iraq and Syria does not become an even greater threat to them or to our population further afield.
It is also the reason why we are working with great determination to strengthen the tools, to strengthen the effectiveness of the tools already available to police, to the intelligence community in the areas of surveillance, detention and arrest. The legislation before us today is just the first step in our efforts to do that and as the Prime Minister has been clear, so are we all clear on this side of the House that we will not overreact to these events. We will not be intimidated by ISIL or any other group, but at the same time, Canadians want us to stop under-reacting to a threat that is indeed very real.
Section 83 of the Criminal Code of Canada defines terrorist activity as an act committed for a political, religious or ideological purpose with the intention of intimidating the public and that intentionally causes death or serious bodily harm to a person by the use of violence or disrupts an essential service, facility or system.
Given that definition, I think we can all agree that last week in late October, Canada was a victim of terrorist attacks. This was the view confirmed in the immediate aftermath of those attacks by Bob Paulson, Commissioner of the RCMP. It was shared by the U.S. Secretary of State John Kerry during his visit shortly after the attacks. He said, “...anybody who walks up in a premeditated way with a loaded rifle and attacks someone in uniform then purposely goes to a parliament, is committing, by common sense standards, a terrorist act”.
Unfortunately, we still have the leader of the NDP on record disagreeing with this assessment, despite the fact that it was reinforced yesterday by another important visitor to Canada.
The President of the French Republic had no doubt about the nature of the terrorist attacks two weeks ago. We agree with him and are grateful for the show of solidarity from France, other European allies, the U.S., and dozens of other countries that recognize that the acts committed here in Ottawa two weeks ago were related to terrorism.
I would like to quote a recent Toronto Star editorial on the leader of the NDP's position. It states:
Most people grasp it instinctively—what occurred last week and the ongoing risks in our midst. That NDP Leader Tom Mulcair cannot admit this, even now, drawing an irrational, pedantic distinction between the deadly attack in Ottawa and a terrorist assault, reflects abysmally on his judgment and aspirations of political statesmanship.
That is a strong statement coming from a newspaper that I, for one, do not often quote in this place. I think it speaks for itself.
Ambiguities in the CSIS Act have been impeding the ability of our national security agencies to investigate threats to the security of Canada. The bill would address these problems by confirming that CSIS has the authority to conduct investigations outside of Canada, confirming that the Federal Court can issue warrants for CSIS to investigate targets outside of this country, giving the Federal Court the authority to consider only relevant Canadian laws when issuing warrants for CSIS, and creating automatic protections of the identities of CSIS employees who may engage in clandestine operations.
The bill would also make technical amendments that would allow our government to seek quicker implementation of the new citizenship revocation provisions under the Strengthening Canadian Citizenship Act, the former Bill C-24, which received royal assent earlier this year on June 19. While it is important to ensure that citizenship revocation provisions come into force as soon as possible, the pith and substance, the main motive for the legislation, relates to our national security agencies.
Let me remind the House that there are three challenges being met. The first is to clarify that for greater certainty CSIS may perform its duties and functions within or outside of Canada. It has been doing this since its foundation, but as we all know, there has been an inability, particularly in recent months, for it to fully execute those functions outside of Canada to the degree required by its mandate to counter threats to Canada, above all, the threat of terrorism.
It would also clarify that the courts may issue warrants for certain investigative activities within or outside Canada and for that purpose, warrants may be issued without regard to the law of a foreign state. In other words, these warrants would be in full conformity to Canadian law, the Charter of Rights and Freedoms, all aspects of our legal system, but not necessarily with regard to the law of a foreign state.
Second, the legislation would create a statutory prohibition on disclosure of identities or information from which identities could be inferred of individuals who provide CSIS with information in return for a promise of confidentiality. In other words, we need to ensure in this day and age that those in a position to provide the most sensitive information, the most time-sensitive information, information of the highest delicacy, can do so safely and have their identities protected under our legal system.
Third, the CSIS Act makes it an offence to disclose the identities of CSIS employees who are or were engaged in covert operational activities. The legislation would expand this protection to also cover CSIS employees who are likely to become engaged in such activities, making it possible for those recruited to do these jobs, being trained to do these jobs, being retasked to do these jobs, to have their identities protected as well.
All of these changes, as I think the House now understands, are vital to the protection of our national security. They would help stop individuals from travelling for terrorist purposes, especially given recent global events. Our government remains seized, like dozens of other governments around the world, with the issue of foreign fighters, individuals from Canada, from our European partners, from the United States, from the Middle East itself, travelling to places such as Iraq, Syria, Somalia or Pakistan, which is still well known, unfortunately, as a training ground for Sunni extremist terrorist groups, to engage in terrorist activities.
These individuals often pose a direct danger to the countries where they are operating. Any country that has experienced terrorist violence on a large scale, as is the case, obviously, for Iraq and Syria, but also for Pakistan, Somalia, Libya, many countries of the Maghreb and even sub-Saharan Africa, fall into this category. They, too, have the threat of terrorist training, recruiting, financing of terrorist activities in their territory and of foreign fighters flowing into their borders to join those training efforts and that fight.
This bill would update the CSIS Act to allow our intelligence community to operate and investigate threats to Canadian national security much better. It would clarify the investigative functions under sections 12 and 15 of the CSIS Act within or outside of Canada.
Keep in mind that section 12 already authorizes CSIS to investigate threats to Canada's security, and terrorism is very high if not continuously at the top of the list in terms of those threats.
Section 15 relates to the security assessments that CSIS performs for departments like mine to allow us to take responsible decisions about visa issuance and to prevent foreign fighters, terrorist kingpins, those who have been involved in terrorist violence or committed atrocities abroad from coming to Canada either as visitors or permanent residents.
The bill would also clarify that the courts may issue warrants for investigative activities, once again, within or outside Canada but without regard to the law of a foreign state.
Indeed, if there is one central advantage to this proposed legislation, strength in this legislation, it is that it will help our government meet its security priority of securing convictions for those who engage in terrorist activity. This is the solution to the global phenomenon of terrorism. These people and groups need to be fought, as we are fighting them in Iraq, but they also need to be brought to justice not only in Canada but in all the states where these crimes are committed.
As members know, in May 2014, the Supreme Court of Canada upheld the constitutionality of the security certificate process in a decision on the case of Mohamed Harkat. This helped to show that we could gather evidence in a way that would allow it to be used in court proceedings without compromising operations.
However, as part of this decision, the Supreme Court also found that, unlike police informers, the identity of CSIS sources were not automatically protected from disclosure. CSIS obviously relies heavily on such information from human sources. Without such assurances, human sources may simply stop co-operating with CSIS, stop-co-operating with Canada, and we would operate blind and open ourselves to threats that we would have a duty to combat.
To address this issue, the bill would create a statutory prohibition on disclosure of the identities or information from which the identities could be inferred of individuals who provided CSIS with information in return for a promise of confidentiality.
As with all of our legislation, this act would continue to respect the Canadian values of individual rights and the rule of law. All of the investigative activities of CSIS must take place in accordance with its mandated authorities under the CSIS Act, the Charter of Rights and Freedoms, ministerial direction and internal policy.
When threats demand more intrusive investigative measures, the service requires judicial authorization for each and every one of those activities. CSIS is also subject to a full review by the Security Intelligence Review Committee, which has access to all information held by the service.
We have heard the Liberals and others call for more oversight or review by parliamentary committees. However, the issue at hand today is not whether CSIS is carrying out its mandate in accordance with the law. There is no evidence of CSIS not having done that. Our supervisory process is working well in our view and in the view of independent third parties that assess that performance. The issue is whether CSIS has the mandate, the authority under the law to perform its mandate, which is to keep us safe from threats to our national security, including terrorism.
The bill would also speed up the process of implementing legislation to revoke citizenship of dual nationals engaged in terrorist activities or who would engage in combat against the Canadian Armed Forces.
I am struck, as the Minister of Immigration, by the contrast between the approach of the opposition parties to this issue in April/May of this year, when we debated Bill C-24, and their approach today, which seems to be much more accommodating of the idea that Canadian citizenship be allegiance to our institutions, the willingness to uphold our laws and fulfill one's duties as a Canadian citizen. This is incompatible with taking violent action to murder people or commit bodily harm in the name of an ideology or political agenda that seeks to intimidate the whole population. That is why we brought forward these measures to revoke citizenship in cases of gross acts of disloyalty. We are pleased to see support for this idea growing on the opposition benches.
These proposed provisions will also provide the federal court with the authority to revoke Canadian citizenship from dual citizens for membership in an armed force or organized armed group engaged in armed conflict with Canada. Today, that would include ISIS. It is both a terrorist group and an armed group engaged in conflict with our forces now in combat in Iraq.
These provisions would bring Canada in line with peer countries, such as Australia, the United States, United Kingdom, New Zealand and the vast majority or our allies in NATO and beyond, by providing that citizenship could be revoked under very strict conditions from dual nationals convicted of terrorism, high treason, spying offences or who take up arms against Canada.
This underscores our commitment to protecting the safety and security of Canadians, but also to promoting Canadian interests and values. They also reinforce the value of Canadian citizenship.
The amendments on the revocation of citizenship are merely technical. There is no cost to pursuing these amendments as a revocation decision-making model is more efficient and less costly to the government.
While we are adding grounds to revoke citizenship upon conviction of dual nations for terrorism, treason or espionage, we have long had the power, and the House has supported it, to prevent terrorists, criminals, those who would do harm to our country and those who embrace violent ideologies from becoming citizens. Indeed, if they acquire citizenship without disclosing a terrorist affiliation and that comes to light, we have had the power to revoke that citizenship on the basis of misrepresentation
Now we are simply adding a power to revoke on the basis of a terrorist conviction, a much more serious and much higher threshold of proof of terrorist activities, all of which hangs together very coherently. All of these provisions will work together to keep Canada safer.
Last, I would like to emphasis the oversight of our national security agencies. The security intelligence review committee provides a robust and comprehensive review of CSIS. The recent annual report shows, once again, the level of access it has to all aspects of CSIS operations. It plays a key role in ensuring our national security agencies are held fully and publicly to account. CSIS is reviewing the latest recommendations and will implement those that will keep Canada safe, while protecting the rights and privacy of Canadians.
I see my time is drawing close, and I would like to leave all members of the House with key points to consider before voting on this important legislation.
First, Canada is a beacon of freedom and opportunity in a turbulent and uncertain world, a world that in recent years has become more violent, especially in the Middle East and especially because of the escalating conflict in Iraq. For that very reason, those who despise freedom and democracy, those who reject modernity, who reject our way of life, who reject the very idea of the prosperity we have so painstakingly built in our country, want to cause harm and wreak havoc on Canada and Canadians.
I can say this first hand, as 40,000 of our fellow Canadians who served in Afghanistan can tell the House and all Canadians, that these threats are real. They were in control of Afghanistan before the fall of the Taliban. They remain all too present and dangerous a reality in Iraq and Syria today.
The threat of domestic terrorism is heightened to a point that we have not seen in many years. The bullet holes in the Hall of Honour stand as a sober reminder of this threat. In light of this reality, it is important we take the steps provided for in this bill as quickly as possible.
Second, it is important to remember that in doing so we will respect the Canadian values of individual rights under the rule of law, while ending the practice of under-reacting to the terrorist threat.
Our freedom and our commitment to the rule of law are not an either or choice and are not choices that are mutually exclusive. We choose to be free as Canadians and to work for freedom in the world by having a standard of the rule of law in our country that is second to none. These measures will help to keep it that way.
