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

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I thank my colleague from Nanaimo—Cowichan for her question.

It is really a very important point and I do not mind opening up the debate on this. Nonetheless, we must ensure that civil liberties and public safety go together in all this and that one is not given more weight than the other. We have to strike a good balance and make sure the two go hand in hand. That is extremely important in this debate. That is what is so unfortunate about Bill C-44; it does not address this adequately. If we want to modernize CSIS, we must also improve oversight and modernize its review service. There are a number of things to point out.

For example, during their annual meeting, the Privacy Commissioner of Canada and the Information Commissioner of Canada asked the government to ensure that it always had civilian oversight with regard to its bills. Unfortunately, that was not the case with this bill. That is something that we will keep asking for every time a new bill is introduced, whether for CSIS or other government bodies.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, I will be sharing my time with the member for Edmonton Centre.

It is a great privilege for me to stand today to speak to Bill C-44, the protection of Canada from terrorists act. As we have heard in these debates, the bill includes amendments to the CSIS Act and technical amendments to the Strengthening Canadian Citizenship Act. My remarks today will focus on the amendments to the CSIS Act and why we must take steps to give this vital agency the tools it needs to conduct investigations outside of Canada related to threats to the security of Canada itself.

First, I would like to speak to the global terrorist threat, its impact here at home, and the steps Canada is taking to address that threat. Acts of terror and murder have been carried out across the globe by extremist groups that have no regard for the lives of innocent people. In fact, as we all witnessed in the past weeks, Canada was a victim of two terrorist attacks within the span of one week. Due to radical Islamist terrorism, we lost two fine soldiers, Corporal Nathan Cirillo and Warrant Officer Patrice Vincent, who was laid to rest this past weekend.

Terrorists kill people from all walks of life, including people from communities they claim to represent. Significant work has been done over the last decade, particularly since September 11, 2001, to counter terrorist activities. Canada has been a leader in global counterterrorism efforts. We have seen citizens and civil society organizations representing people of all faiths and beliefs work among themselves and with our government to prevent terrorism by building stronger and more resilient communities.

All of these measures are captured within the four pillars of Canada's counterterrorism strategy: prevent, detect, deny and respond. That strategy will serve us well on the difficult road we face ahead as our Canadian Armed Forces engage in a campaign to degrade and destroy the threat that ISIL poses to western civilization, and it is a threat to western civilization.

Indeed, our security agencies have been monitoring groups such as al Qaeda and ISIL closely for years and we have taken concrete measures to disrupt and prevent violent and extremist activities. This takes a comprehensive approach. While we join our allies in air strikes, we are also taking other measures that are working to isolate ISIL and deny it and its partners resources, including funds and new recruits. Let me explain.

As we know, terrorists need money, media access, weapons and explosives, among other resources, to sustain themselves. We want to make sure that all groups that would assist terrorist organizations are restricted from doing so. Preventing terrorists from using the global financial system to commit their acts of terror is essential to help suppress these groups. Therefore, we have certain provisions under the Criminal Code that we can use to deal with the assets and operations of groups that support terrorist activities.

Listing an entity under the Criminal Code is a public means of identifying a group or individual as being associated with terrorism. It carries significant consequences. Once listed, an entity's assets are frozen and may be subject to seizure, restraint or forfeiture. Further, it is an offence for Canadians at home or abroad to knowingly participate in or contribute to, directly or indirectly, any activity that facilitates the activities of a listed terrorist entity.

We know that terrorist groups are inspiring some westerners to take up arms with their cause. In order to reach these individuals and guard against these tactics, we work closely with diverse communities, including through the cross-cultural round table on security. We are working with leaders and communities right across the country to help engage Canadians in a long-term dialogue on matters related to national security, particularly in countering violent extremism.

Through the round table, we have reached out to hundreds of respected cultural and religious leaders who have their fingers on the pulses of their communities. These leaders have been integral in helping law enforcement and security agencies address threats and identify the best ways to reach individuals who may be leaning toward violent behaviour and to redirect them from pathways of radicalization leading to violence. However, the rapid changes in technology, the ease of communications, and mobility of terrorist travellers have created new and complex challenges for Canada and all of our allies as we work to keep our citizens safe.

As in other countries, despite everyone's best efforts, a small but significant number of individuals have left Canada to join terrorist groups in the Middle East. Denying ISIL its new recruits also means using Canadian law to crack down on these so-called extremist travellers. We brought forward the Combating Terrorism Act to make it an offence to leave Canada to take part in terrorist acts. We have laws in place to revoke the passports of Canadians who travel abroad to join extremist groups.

Both the Prime Minister and the Minister of Public Safety and Emergency Preparedness have stated clearly that our government will continue to look at ways to help our national security agencies investigate and track the activities of terrorists at our borders and beyond. One of these ways is the legislation that is before us today to amend the existing CSIS Act so that we are better able to provide CSIS with the tools it needs to investigate threats to the security of Canada, wherever they occur, and ultimately to protect the security of Canadians.

It is important to note that the CSIS Act was created three decades ago. That was in the age of rotary phones, when our world was under the shadow of the Cold War. This act is in need of updates and upgrades that would confirm CSIS' authority to investigate Canadian extremists and other threats abroad. That is why I urge the House to support the bill that is before us today.

The protection of Canada from terrorists act would confirm that CSIS has the authority to operate outside Canada when investigating threats to the security of Canada or conducting investigations for the purpose of security assessments, and that the Federal Court has the authority to issue warrants authorizing CSIS to conduct activities outside of Canada without regard to the laws of other states. This new legislation would also reinforce CSIS' statutory authority to investigate threats abroad and to ensure that judges would only need to consider relevant Canadian law, the Charter of Rights and Freedoms and the CSIS Act, and not foreign laws when issuing a warrant.

Clearly there are a number of ways our government protects the safety and security of Canada against terrorism, but first we must ensure that we have the right tools in place for our security intelligence agency to do so. There is no time to waste. We must amend the CSIS Act and allow this vital agency to continue its work. I urge members of the House to join me in supporting the bill.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, my old geostrategy professor told me that a terrorist act is, first, an act of violence or intimidation for political, religious or social ends; second, a structured act; and third, the symbolic act of a perpetrator trying to make his mark. He shared a famous quotation about how terrorism and the media have an incestuous relationship. There was also an element of exclusion in that definition of a terrorist act. Personal motivation was not part of it.

That means that a crazed gunman who climbs a tower and starts shooting people because he is mad that a judge took away custody of his kids is not committing a terrorist act. What he is doing is dangerous and can kill or injure many, but he will be punished under the Criminal Code for premeditated murder.

It seems clear that, when my distinguished colleague defined a terrorist act, he forgot an essential element, which is that terrorism does not include actions that are personally motivated.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, again the members opposite, the NDP socialist party, always make excuses for terrorists. They do not call them terrorists. They use convoluted language all the time to somehow excuse what these evil people do. The difference between us as Conservatives and the far left or the left over there is that we believe that evil exists and evil needs to be confronted. That is what we are doing with our actions and our legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the other day the Liberal member from Vancouver brought forward Bill C-622, which was a bill to provide oversight. There is no doubt there is a great deal of interest in ensuring that certain rights are being protected, and it is a good way also to just hold everyone in check. It would appear as if the government is not going to be voting in favour of the oversight role that the private members' bill is proposing.

Therefore, to what degree does he believe it is important that the Parliament of Canada have oversight over the many different agencies that are there to protect society?

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, I think the current levels of oversight are adequate. It is important that there be oversight of security and police agencies. Our government has struck the right balance in that regard.

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I had the opportunity on Saturday night to visit the mosque in Burnaby, which has been connected to some of these events, and speak with the new imam there, as well as the head of the BC Muslim Association. What is happening in many parts of Canada is that the rather inflammatory language, which is being used by the other side, is unfortunately splashing on to the rest of the Muslim community. Therefore, I wonder if the member might care to comment on that and perhaps apologize for some of his inflammatory remarks.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, we applaud the leaders and members of all religious communities who are confronting these kinds of activities. They deserve our praise and honour for what they do. I am sure the mosque the member visited acts in that particular manner. However, it is very important that we do everything we can to ensure that radicalization does not occur.

Again, I want to thank the cultural and religious communities in our country for stepping up to the plate and doing what needs to be done in this regard.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I rise today to speak in favour of Bill C-44, the protection of Canada from terrorists act. The legislation is both necessary and timely.

As members know, this House recently expressed its support of the government's decision to join the alliance to strike at the heart of Daesh, or as it is most commonly called, ISIL or ISIS. However, there are many other ways that the Government of Canada addresses terrorism at home and abroad.

The proposed legislation includes two distinct elements that work together toward one common goal, that of keeping Canadians and Canadian interests safe from the threat of terrorism.

First, the legislation includes amendments to the Canadian Security Intelligence Service Act, and this act is three decades old. Since that time, through its analysis, assessment, and intelligence work, CSIS has helped to protect our country from a wide variety of threats. In the process, it has become a central player in Canada's national security system and a respected member of the international intelligence community.

However, the nature of these threats has evolved dramatically since the 1980s. The 2014 public report on the terrorist threat to Canada makes it clear that we can never take our safety and security for granted. Around the world, there were more than 9,700 terrorist incidents in 93 countries reported in 2013 alone. More than half of those occurred in Iraq, Pakistan, and Afghanistan.

That said, Canadians should not think that our country is immune to the scourge of terrorism. In fact, as we all know only too well, just steps from where we stand today we witnessed a horrific terrorist attack that cost a young Canadian Armed Forces member his life at the hands of a radicalized violent extremist. That cowardly act was preceded two days earlier by another senseless attack by a radicalized extremist, one that claimed the life of another member of the Canadian Armed Forces.

Indeed, the legislation we are debating today is designed to address a disturbing trend: the involvement of Canadians who travel abroad to get involved with terror-related activities. These so-called extremist travellers pose a threat not only to innocent people in foreign countries but to Canadian citizens as well, because those travellers who survive their adventures in foreign countries often return armed with more tools to engage in violence and to spread hate here at home.

Fighting terrorism and violent extremism requires the concerted efforts of many players on many different levels. One way to prevent violent extremism is to build good will and trust between law enforcement and Canadian communities. Another way is to improve how we gather intelligence, and that is why we are proposing changes to the CSIS act.

A measure in the protection of Canada from terrorists act is to specifically confirm that CSIS has the authority to conduct investigations outside of Canada related to threats to the security of Canada and security assessments.

Another key measure in the act would clarify the jurisdiction of the Federal Court to issue warrants authorizing CSIS to undertake certain intrusive activities outside of Canada. To enable CSIS to properly investigate threats outside of Canada, we are proposing amendments that would clarify that the Federal Court need only consider relevant Canadian laws, namely the CSIS act and the Canadian Charter of Rights and Freedoms, when it is determining if a warrant is required.

A third important measure of the bill would protect the identity of human sources. As members know, the confidentiality of police informants is protected by common law. However, while this has long been the practice in the law enforcement context, the Supreme Court of Canada recently ruled that the protection afforded to police informants does not extend to CSIS' human sources. At the same time, there are no provisions in the CSIS act to protect people who provide vital information related to a threat to Canada's national security. Bill C-44 would include protection for CSIS' human sources during legal proceedings. This protection would be consistent with Canadian law.

In doing so, the protection could be challenged under two conditions: if the protection does not apply to the person or information in question, or if the information is needed for a criminal trial to demonstrate the innocence of the accused.

While it is vital to CSIS to protect human sources, it is equally important for the service to protect its employees. Existing legislation protects the identities of CSIS employees who are or have been involved in covert operations. It does not, however, protect employees who are training to be engaged in covert activity. This is a small but essential gap that must be filled. The legislation before us proposes to protect the identity of all CSIS employees who have been, are, or are likely to be involved in covert activities.

I will turn now to the second part of this proposed legislation, which relates to Canadian citizenship.

Revocation is an important tool to safeguard the value of Canadian citizenship and to protect the integrity of the citizenship program.

The proposed technical amendments would allow our government to proceed with quicker implementation of the new revocation provisions under the Strengthening Canadian Citizenship Act, which received royal assent June 19, 2014.

A number of the Strengthening Canadian Citizenship Act provisions have already come into force. Based on how the coming into force provisions of that act are written, the majority of the remaining provisions are required to come into force at the same time.

With these technical amendments, we can move ahead with doing what is necessary to protect our country and ensure the safety and security of Canadians by enabling early implementation of provisions related to citizenship revocation. These provisions expand the grounds for revocation of Canadian citizenship and establish a streamlined decision-making process for revocation.

The new provisions would enable the Minister of Citizenship and Immigration to recommend to Treasury Board the revocation of Canadian citizenship from dual citizens who are convicted of a terrorism, high treason, treason, or spying offence, depending on the sentence.

They would 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.

The revocation provisions underscore our government's commitment to protecting the safety and security of Canadians and promoting Canadian interests and values. They also reinforce the value of Canadian citizenship.

These technical amendments would also allow for faster implementation of other supporting provisions, including those related to renunciation, resumption, prohibitions, regulatory authorities, changes to the Immigration and Refugee Protection Act, and the delegation of authority provision for the Minister of Public Safety and Emergency Preparedness.

This earlier implementation would help better protect the safety and security of Canadians.

The provisions contained in this bill are critical to Canadian safety. We must move swiftly to strengthen our citizenship program and remove any questions about CSIS' ability to conduct investigations outside of Canada, as well as the authority of the Federal Court to issue warrants authorizing CSIS to undertake certain intrusive activities outside of Canada.

It is imperative that we stop this outmoded mindset of underreacting to the terrorist threat.

There are other aspects to the challenge that we face writ large. We all know that a minority of violent extremists from any religious or other group should not cause us to discriminate against the majority.

We need to find ways to work together to prevent radicalization, to nip it in the bud where possible, and to deal with it firmly and swiftly when necessary.

I would point to the Phoenix Multi-Faith Society for Harmony, a non-profit organization founded in Edmonton and dedicated to the promotion of interfaith co-operation.

Its objectives are to create a forum through which dialogue and discussion can take place, with a view to facilitating understanding and respect for all faiths; to seek continued peaceful co-existence and positive relations, through open communication, interfaith dialogue, education, and participation across our communities; and to carry out initiatives to address negative stereotyping, hatred, bias, and prejudice.

The Phoenix Society is an excellent example of a community initiative, but despite its best efforts, it will not stop all radicalization.

I believe that the majority of members of any religious or other group are peaceful and law-abiding. I also believe that unless the majority takes action to control the violent minority within its ranks and actively co-operate with security authorities, then we will continue to face growing threats from within.

There are many historical examples of peaceful majorities being led into extremely violent international actions by obsessed leaders with murderous and illegitimate intent.

Canada has a heart and a soul. The heart of Canada is our freedom and our democracy. That is represented in no better place than this House.

A week and a half or so ago, our heart was attacked and wounded, but it certainly was not killed. In fact, our heart will continue stronger than ever before.

Canada has a soul. That soul is embodied in the kind of people who make the ultimate sacrifice for our freedoms, to protect the democracy and freedom we cherish so much. That soul is represented in no better place than the people who wear the uniform and the people who have worn the uniform in the past, as represented by the National War Memorial and the Tomb of the Unknown Soldier.

A week and a half ago our soul was wounded, too. Our souls will survive, stronger than ever.

It is in all Canadians' interest to be part of that solution, to keep the heart and soul of Canada alive and well. That is why I ask all hon. members to join me in supporting the protection of Canada from terrorists act as the first step to keeping our land strong, glorious, and free.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, my distinguished colleague is appealing to a sense of solidarity, and of course we will all lend our support to defending Canada in moments of great crisis.

Unfortunately, his colleague from Dauphin—Swan River—Marquette suggested earlier that if we do not quite agree with the Conservatives on the definition and the exclusive interpretation in their bill, we ourselves are terrorists.

Does the member condone statements to the effect that, if we do not agree with him, we must be friends of terrorists? Is that his definition of solidarity and seeking consensus?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, that is not what my colleague from Dauphin—Swan River—Marquette said at all. I am sorry, but that was really not a very profound question.

I will go back to something the hon. member mentioned earlier about the definition of a terrorist. Maybe I misinterpreted what he said. He said that someone who is religious could be there, that there is a symbolic element in a terrorist act. There is obviously violence in a terrorist act, but it could not be personal.

I submit that converting to another religion that has some members who preach violence obviously has a religious connection. It does not get any more symbolic than attacking Parliament and the National War Memorial, or the people there. It certainly does not get any more violent. When someone has espoused or incorporated those kinds of beliefs, it becomes personal. To use the member's own definition, but maybe in reverse, that is a terrorist. That is what those people are.

Nobody here is a terrorist. Nobody is saying that. Nobody is saying that anyone here supports terrorism. That is just plain silly.

[Arnold Chan, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, I would like to thank the hon. member for Edmonton Centre for his contribution to his debate. I would also like to thank him for his service to this country. He has served our country with distinction in the past and continues to do so as the member for Edmonton Centre.

My question for him, and he raised this in the debate, relates to the citizenship provisions incorporated in this particular legislation and what was passed in the House earlier this year. I would like my friend's comments with respect to why he believes that our security is strengthened by the removal of citizenship rights from dual nationals. Would it not simply be better to deal with these particular threats by prosecuting these individuals under our laws?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, it is a good question. We have laws in Canada, obviously. For anyone who is simply Canadian, there is no other way we can deal with them other than through the laws of Canada.

For someone who has chosen dual citizenship, in my view and in the government's view, their loyalties are divided between Canada and wherever. The government thinks that if they want to be divided citizens and want to carry out acts that are a danger to Canadians and Canadian interests, values, and property, then part of their citizenship should no longer apply.

I am not going to pick on any country, but if a person had citizenship in another country, then the other country could deal with that guy.

[Gary Goodyear, Conservative, Minister of State (Federal Economic Development Agency for Southern Ontario)]

Mr. Speaker, I would just like to ask the hon. member if he firmly believes that this act would add a level of protection for law-abiding Canadians and at the same time protect the freedoms of those same law-abiding Canadians?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, there is always going to be a balance. There is always going to be a pendulum. There are two things at play. There is fear, and there is complacency, among other things.

Fear happened with 9/11. Fear happened a week and a half ago. Between 9/11 and a week and a half ago, I would suggest that the pendulum swung quite a way toward the complacency side, notwithstanding recent events in the Middle East.

It is always a balance between allaying people's fears and giving people confidence that the government and the agencies of the government can protect them and the complacency people naturally feel when nothing has happened for a long time. That dispels the idea that someone is a threat out there.

Someone is always a threat. There is always a healthy concern that we are doing the right thing and protecting Canadians. At the same time, there should always be a healthy concern about keeping our rights and freedoms intact. That balance, we think, is struck in this bill. We intend to pursue it. The NDP is going to help send it to committee, and I applaud it for that.