Mr. Speaker, I am pleased to rise and speak about something that is very near and dear to my heart, oversight, in particular of the Canadian Security Intelligence Service.
We have before us Bill C-44. This legislation would amend a statute that is now 30 years old and obviously needs some fine tuning, which this bill would provide. I say at the outset that we would support this legislation and hope to address some of its deficiencies in detail at the appropriate committee at the appropriate time.
The thing that strikes me as wanting in this legislation is its failure to address oversight in a meaningful way. Currently, the chair of that committee is the former co-chair of the Conservative campaign. Another individual on the committee is a prominent, well-respected lawyer but is the former law partner of former prime minister Mulroney. A security person, a well-respected police intelligence person, rounds out the threesome on the committee.
I had the opportunity to be counsel to the Security Intelligence Review Committee when the first chair of that committee was established, the hon. Ron Atkey, a former Conservative minister of immigration. In those days there were five members on the committee, not three, and they were appointed after real consultation with those parties having more than 12 members in the House. That meant there were Liberals, Conservatives, and New Democrats on that committee, so the Canadian public could have genuine confidence that they would do their oversight work taking into account the views of most Canadians.
I had the opportunity to work with the late Rosemary Brown, a prominent member of the Legislative Assembly of British Columbia, doing national security hearings in those days. I had the opportunity to work with Liberals. I had the opportunity to work with Saul Cherniack from Manitoba. Those days appear to be gone.
The framers of the CSIS Act, the bill that is now 30 years old, wanted to get it right. They wanted to make sure Canadians would have confidence, given the incredibly intrusive powers provided to this secret police intelligence-gathering service. It is critical for the excellent work that CSIS does that there be that oversight in which Canadians can have confidence.
The former head of SIRC, Mr. Porter, languishes in a Panamanian jail. We have three people, none of whom appear to have any connection with the opposition in the House whatsoever. That contrasts dramatically with what used to be the case when the hon. Ron Atkey chaired SIRC and insisted that there be that kind of credibility. Why are we debating a bill to modernize CSIS that does not even address these obviously patent inadequacies in that statute?
The other thing missing is that the inspector general no longer exists. That officer, the late Richard Gosse, was highly respected on all sides of the House. He did some of the heavy lifting for Canadians, to make sure they could go in and do root and branch assessments of CSIS operations and provide confidence that, as the inspector general's reports provided, it was working within the four corners of the law.
This legislation deserves support, but it needs to get it right on such an important issue as oversight. The legislation has essentially nothing to say on oversight, and that is a real, tragic shortcoming. I hope the government would be willing to address that deficiency when we get the bill to the appropriate committee of this place for further review.
This bill deals with our fundamental freedoms as Canadians. To think that it would not include that oversight function to make sure our rights and freedoms are protected shows the government's complete disdain for that kind of oversight that would give Canadians the confidence we must have when we give a police department, an intelligence-gathering operation like this, these kinds of powers. I am sad that this bill, which could have got it right and done these things properly, does not go there at all.
The idea of acting abroad, the second of the two things that this legislation would do, is fine.
It is kind of hard to know how our court would be able to issue warrants with effect outside Canada, but that has to be dealt with in terms of national sovereignty. Nevertheless, I understand the intent. It regularizes what, no doubt, is already going on and provides the cloak of rule of law over those operations.
Providing greater protection to the identity of human intelligence sources is another matter that is clearly worthy of our support. Undertaking operations overseas was a matter of great debate 30 years ago when the CSIS Act was before the House. Bill C-44 would clarify the authority of CSIS to conduct security intelligence operations abroad, but only if those operations could be demonstrated to deal with genuine threats to the national security of Canada. That needs to be underlined. In that context, I would like to go into it in some more detail.
Operating abroad to investigate threats to the security of Canada is something that many have asserted has already been undertaken. In other words, this would simply provide legal authority for operations that are already extant in Canada and abroad. Therefore, to provide the cloak of rule of law over those operations is important. We cannot have, in Canada or overseas, intrusive activities that do not come under the cloak of rule of law. Therefore, I commend Bill C-44 for providing that legal cover, so that Canadians can be sure that operations going on not only in our country but also abroad have that legal cover, if I can call it that, to provide rule of law protection, so to speak, for those kinds of activities.
The other thing that needs to be said is that CSIS uses a number of different kinds of investigative techniques that are well known. One of them is a critical one in practical terms, and that is human sources talking to people about activities for which CSIS has genuine concern because they affect the national security of Canada, such as counter-espionage, of course, and counterterrorism being one of the biggest ones now.
Providing protection for the identity of those sources is absolutely critical if people are going to have confidence to come forward to CSIS in order to address issues that could affect the security of us all. Protecting people's identities means protecting their lives and security.
Being able to facilitate the sharing of intelligence with other intelligence agencies is also what many members in this debate have talked about, because CSIS is not an island in itself. CSIS is part of an international operation with other agencies. They share information all the time. They share human source information and other information, all designed to keep us safe in this country. That is what needs to be addressed here.
The protections being sought are important. The devil is always in the detail. That is why the committee will look at this in great detail, but the objective cannot be criticized at all in this legislation.
I will now end where I began. This bill represents an enormous missed opportunity. To not address the woeful inadequacy of the civilian oversight of CSIS is something that the House ought to insist be addressed, and I hope that when the bill gets to committee, there will be that opportunity. To allow this oversight agency to wither to the extent that it has is a national disgrace. To have three part-time people who apparently have, unlike in the past, no connection with opposition politics is, to me, exactly counter to what was sought 30 years ago when we made the brave choice to create our own national security service, CSIS. No inspector general, part-time, and mostly non-NDP and non-Liberal members on an oversight body just does not cut it.
