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

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I will be splitting my time with the member for Timmins—James Bay.

I am pleased to participate in this debate today on Bill C-44, an act to amend the Canadian Security Intelligence Service Act and other acts. I understand that it is a bill the government had on the books and was preparing to introduce, and it is doing so now, following the recent events here in the House and another tragedy in the province of Quebec.

In short, it makes three substantive changes to CSIS. It would clarify the legal authority of CSIS to conduct security intelligence operations abroad in response to threats to the security of Canada. It had run into some difficulties in the courts with respect to this, so it now wants clarification and changes because of that.

It also confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. It provides for the protection of the identify of CSIS human intelligence sources in judicial proceedings. It also amends the timeline for changes to the Citizenship Act with respect to the revocation of dual citizenship for dual citizens who are involved in terrorism or other serious offences. That bill was passed this past June.

I want to state that I join with all my colleagues in this House, and in fact all Canadians, in paying tribute to Corporal Nathan Cirillo and Warrant Officer Patrice Vincent. We joined many of our colleagues today at the cenotaph in Ottawa to lay wreaths. The veterans minister was there as well. It was a very moving time. I think Remembrance Day, in a few short days, will be a moving time for our country. My dad and my grandfather fought in the First and Second World Wars. I know how emotional, painful, and deep these experiences are for the entire Canadian psyche.

The violence that took place here in Canada a couple of weeks ago was something that certainly touched the hearts of Canadians and was something we need to take very seriously. I believe we will do that.

I have had a tremendous number of constituents contact my office and encourage us as parliamentarians to react in a measured, considered way and to not overreact to the events that took place, which indeed were terrible and terrifying. I am hopeful that as parliamentarians, we will do that, because we believe that defending both public safety and civil liberties is important. This is not a balancing act, where we shave off a little of one to gain some of the other. We believe, on this side of the House, that we can do both. We can move forward and ensure the safety and security of Canadians while guarding our shared values of freedom, tolerance, and an inclusive democracy. That is why we are all here as parliamentarians. It is because we value that democracy.

We must carefully review our laws in light of the tragic circumstances of the last two weeks and ensure that our laws and security measures are adequate and appropriate for the needs of our country while ensuring, at the same time, that our civil liberties are protected. We have to make sure that this work is done responsibly and with careful study based on the evidence we have at hand. Of course, we do not have all the evidence in yet, because investigations are ongoing.

On this particular legislation, details matter a great deal. We will support the bill going to committee, because we would like a thorough, rigorous, detailed study to take place.

I want to spend a bit of time on the notion of improved civilian oversight of CSIS. We are disappointed that the bill does not include that additional civilian oversight.

I had the great privilege of sitting on the finance committee in 2012, when under yet another budget implementation act, there was a debate about CSIS oversight. Members might well ask why the finance committee would be debating CSIS oversight, and that is a very good question. It was a measure included in the budget implementation act, 2012. The measure specifically included the elimination of the inspector general, a position I am sure most Canadians did not know we had, and if they did know, they were not sure what it did.

We had the terrific privilege of having as a witness at committee one of the key people responsible for setting up that position, Mr. Paul Kennedy. Mr. Kennedy has a long history of over 20 years in the public service. He has advised ministers. For a number of years, he was the senior assistant deputy minister of public safety responsible for national security activities. He spent five years as senior chief counsel to CSIS and four years as chair of the Commission for Public Complaints Against the RCMP. He was the senior general counsel of justice and coordinated all the legal advice among intelligence agencies. I am sure members would agree that he was an eminently qualified person to speak about CSIS and advise the committee.

I want to tell the House some of the facts he gave us. We had heard from officials that eliminating the position of inspector general would save $1 million of the public purse and that this was good value for money. We heard that SIRC would be able to take up the slack and take on the monitoring responsibilities.

Mr. Kennedy told the committee that we would save $1 million in a $7-billion public safety department budget but that ultimately, it could cost the government, and therefore Canadians, a great deal more when there were problems. He said there would inevitably be problems. For example, he said that the Arar inquiry, about the illegal arrest, imprisonment, and torture of Mr. Arar, was a $30-million inquiry, $10 million of which the government paid in compensation. It was tremendously expensive, and that $30 million did not include all the hours public servants spent on that inquiry.

There was the ongoing investigation of the Robert Dziekanski case at the Vancouver airport. There have been many other inquiries.

Mr. Kennedy pointed out that if we were talking about a consolidation of the responsibilities of this oversight position and SIRC, then we should have a transfer of staff and files and money to make that happen. None of that happened. In spite of many inquiries recommending greater oversight and more resources, that simply has not happened.

This is the direct responsibility of the Minister of Public Safety. The buck stops with the minister. Without the inspector general in place, who can keep an eye on the spies, Canadians have no guarantee that their public interests are protected.

We need that position. We need greater oversight. At committee, parliamentarians should make sure that this happens.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, my colleague for Parkdale—High Park has shed some important light on this issue. We have to ask some questions about some of the issues she has brought to the House. Essentially, they have to do with the budget cuts that were reviewed in finance committee. The CSIS budget was cut by $15 million in 2012, followed by an additional $24.5 million in 2014-15. CBSA was cut by $143 million, and the RCMP was cut by $195 million.

The member talked about the Conservative government being penny-wise and pound foolish. Have the Conservatives made a terrible mistake? Have they jeopardized the safety of Canadians with these cuts to make themselves look fiscally responsible? Are they trying to make up for that foolishness now?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I completely agree that this is penny wise, pound foolish, as my granny used to say. It really makes no sense.

In response, I want to quote from Mr. Kennedy's testimony. He said that the inspector general was “the eyes and ears”. He said that “the minister is personally accountable for those intelligence officers”, who have huge powers that Canadians really do not know anything about because it is in secret. He said, "That was the way the model was, because the the public can't be involved in it”, but that the public has to be assured “that we have a responsible minister and he's on the hook for this, and he's informed and can do the job and deliver it for us.”

It was set up that way. This is a covert intelligence agency, and there were vehicles put in place to allow the minister to control it. That was the inspector general. That position has now gone. Nothing has replaced it. Where is the accountability?

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

Mr. Speaker, I noted in my friend's contribution to the debate her concern about parliamentary oversight with respect to CSIS.

Of course, before this House there are two private members' bills. They are Bill C-551, introduced by the hon. member for Malpeque, and Bill C-622, introduced by the hon. member for Vancouver Quadra.

I would like my friend's thoughts with respect to these two particular private members' bills, and an indication of whether she and her party will be supporting that legislation when it comes before the House.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I thank my colleague for raising those two other bills tangentially, but in my time allotted, I would like to focus on the bill that is before us today.

I would like to say that CSIS, our spy agency, is a body that is very important for the security of Canadians, but it is essential that there be adequate oversight.

Inquiry after inquiry has identified the need for better oversight, but the government, sadly, has moved in the opposite direction. It has taken the eyes and ears away from the minister responsible by cutting the oversight of our spy agency.

That is not the way to provide better safety and security for Canadians. I submit it is a way to keep the minister responsible blind and deaf, and that is not what we need. Canadians need to know that the vast and very important powers of CSIS staff are being monitored so that they are in compliance with the rules that have been set out for them in law.

There is no other body that can fulfill this requirement, and if Canadians truly want to be safe and assured that both their security and their civil liberties are protected, we need effective oversight. It is not happening. The government needs to get that done.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, as always, it is a great honour to stand in the House representing the people of Timmins—James Bay, who put their trust in me to speak for them.

I am very pleased to rise to speak to Bill C-44. This is the first time I have spoken in the House in debate since the brutal attack at the cenotaph and the attack on Parliament Hill. I would like to begin by reflecting a little of what I experienced on that terrible day.

I certainly experienced a sense of relief when I found that we were safe. I experienced thankfulness for the incredible security people who literally put their lives on the line to make sure that we were safe. I felt an enormous sense of pride—not a bullish beating of the chest pride, but a quiet pride—watching the Canadians around me who went about their day unafraid and helped each other. It reminded me that no matter what our differences in this nation are, there is a sense of community that will not be intimidated.

The last thing I felt that day was a real anger, an anger that the House of the people had been desecrated by violence. I felt it when I went out in the early morning about 5 a.m. and went to the cenotaph and saw a crime scene tape. I was very angry that such a symbol of who we are as a nation could be cut off from us and suddenly become a crime scene of mindless, hateful violence. It made me feel very angry.

When we reflect on how we deal with this kind of violence, it is incumbent upon us to take that sense of anger, that sense of pride, that sense of relief, and step back and ask ourselves what the Canadian people expect from us to ensure that they are safe. We are dealing with some very complex issues that are now being thrust before us.

Bill C-44 is not a response to what happened last week. This is a bill that has been on the order paper for some time, and it is important to look at it in that light. There are certainly specific elements that will need to be examined clearly, which is why we want the bill to go forward to committee.

One aspect is the international role of CSIS in in spying on and maintaining coverage of potential perpetrators who may be overseas. Certainly we see the issue of radicalization of people who have gone overseas, but this is a question that does confront the House, and we need to address it.

We know that CSIS has been found to have breached the courts and the laws of our land on numerous occasions, as reported in the 2007 Hape decision. In 2008, Justice Blanchard found that section 12 of the CSIS act did not contain extraterritorial provisions with respect to covert intelligence. In 2013, Justice Mosley said that the practice of seeking warrants for foreign surveillance was not legal. Therefore, the bill needs to look at how the actions of CSIS will be done within a legal frame.

To put this in context, maintaining legal provisions that will protect the Canadian people has to be seen in terms of the resources that exist or do not exist to follow through on whatever laws we bring forth.

There is also the issue of oversight. The issue of oversight means that when we debate laws in this country to offer police more tools, we make sure that these tools are being applied where they were intended and that they are not opening the door to all manner of warrantless intervention in the lives of ordinary Canadians.

In terms of oversight, the government has a fundamental problem. The government may feel that CSIS needs the tools and that CSIS has to be the front-line fighter in terms of international terrorism, but the oversight mechanisms have been abysmal.

The Prime Minister appointed Arthur Porter, a notorious international criminal who is sitting in a jail in Panama, to sit on the oversight body of CSIS. I would think that Canadians who witnessed the attacks last week would not be comfortable knowing that the man who was supposed to be making sure that our spy agency followed the laws and had the tools necessary was now sitting in a Panamanian jail on all manner of charges and allegations.

The replacement for him was Chuck Strahl, a former minister in the House. We found later that he was acting as a lobbyist for Enbridge at a time when CSIS was apparently spying on anti-Enbridge activists. There is damage to credibility here.

Maher Arar was sent to a foreign jurisdiction, wrongly, and tortured. He was an innocent man. One of the recommendations from the Arar report was to have better oversight of these provisions. This oversight is important in making sure there are no more cases like Maher Arar's, cases of people who are innocent but are in the wrong place at the wrong time and are rendered because the feeling of the day is that we do not need to follow the rule of law. The rule of law is essential. It keeps us separate from the kinds of bandits who want to attack who we are as a nation.

In terms of resources, the government is cutting $687.9 million from its overall security in the coming years, and $180 million is being cut from border security. Telling us it is going to get tougher in terms of protecting us while at the same time limiting the resources being used to protect us certainly raises questions about the government's overall credibility.

There is the recent Privacy Commissioner's ruling on the RCMP and its warrantless access provisions. The RCMP does not even have an ability to track how it is gathering information and under what circumstances it is gathering it.

Do we need to look at rules that may provide better tools to go after potential threats? That is certainly the discussion we should have. However, when every 72 seconds we have a request made to a telecom by a government agency that wants personal information on Canadians, that is certainly not within justification.

The fact is, contrary to what the Prime Minister said, the killers of Warrant Officer Vincent and Corporal Cirillo were not killers who washed up on our shores, as we were told last week. These were home-grown Canadian men. The Prime Minister said that our international allies would be standing with us as we went after the men who brutally killed Corporal Cirillo. Where were our international allies when he was going into a McDonald's with a stick, trying to get himself arrested?

Clearly, the rhetoric does not match the reality here. The reality is that we are not talking about what happens when people fall through the cracks and become increasingly marginalized. We had the snow plough killer and the bus beheader. We have people who, in mental instability, do terrible, brutal crimes. In the case of Zehaf-Bibeau, we were glad that the RCMP was able to seize his passport to prevent him from going anywhere else, but he was not on their terror watch list because he was considered mentally unstable. We need to understand that if we are to respond to the brutal crimes we saw, we must put provisions in place that protect us.

In terms of Bill C-44, the reasonable step here is to move it to committee to see what provisions CSIS needs to deal with international radicalization, especially in the case of someone who is trying to go to a place like Syria or Iraq to engage in the murderous activities there. What provisions would still be within the laws of our country? What oversight will be there to ensure that CSIS does not abuse its function within Canada? What role will we take, as a federal House of Commons, to address the fact that there is clearly a problem when Canadian men, born and bred in our country, can fall so far from the norm that they can pick up any kind of murderous death cult ideology because of all manner of instability, drugs, broken lives, and the fact they were living on the streets?

There are other people out there who may be in that same situation, whether they identify themselves as radical or not. What provisions are we going to put in place to ensure public security?

This is a long, ongoing discussion that we need to have in the House. However, we need to have it within the context of figuring out what works, what resources are in place, and what will maintain the overall standards we have for the rule of law in our country and the fact that we are an open, democratic, and unafraid society.

[The Acting Speaker, Conservative, Barry Devolin]

The time for government orders has expired. Consequently, the five minutes of questions and comments for the hon. member for Timmins—James Bay will take place when this matter returns before the House after question period.

The House resumed from November 4 consideration of the motion that Bill C-44, an act to amend the Canadian Security Intelligence Service Act and other acts, be read the second time and referred to a committee.

[The Acting Speaker, Conservative, Barry Devolin]

Before we resume debate, I wish to inform the House that because of ministerial statements, government orders will be extended by 23 minutes today.

When this matter was last before the House, the hon. member for Timmins—James Bay had the floor. He had completed his comments. Consequently, resuming debate, the hon. member for Etobicoke Centre.

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, I am pleased to rise in this House to debate Bill C-44, the protection of Canada from terrorists act. I am confident that in the bill before us we have effective legislation that will go a long way toward improving our national security.

This bill contains two separate elements. Let me turn to the first part of the bill, which deals with the changes to the CSIS Act.

This act is the legislation that governs CSIS's activities. It was introduced three decades ago when CSIS was first established, and the act itself has not changed. Given what has occurred in the last few weeks, I would submit that it is certainly time.

When this was done 30 years ago, it was the era of the rotary phone. The Internet was just in the experimental stage. Social media did not exist, so social media were not applied toward the recruitment and radicalization of people across the world. Therefore, as all Canadians can appreciate, the nature of the environment in which CSIS must operate has changed. As an example, the terrorist threat has evolved considerably. All the way from the Cold War, we expected a peace dividend, but threats are more dangerous now, and with Mr. Putin and others threatening global borders, we have to be vigilant.

Mr. Speaker, please let me state that I am also splitting my time today with the great member for Bruce—Grey—Owen Sound.

Canada has had some notable successes in this country in detecting and disrupting terrorist plots, but the reality is that Canada is not immune to violent extremism. This is especially clear now that it has touched us on our very own soil, including on the very day and in the very place that we had planned to introduce this carefully considered legislation in this House.

While it is true that we have always been vigilant about the threat of terrorism, in recent months we have become particularly seized with the task of moving beyond vigilance to decisive action. This is something that we have an obligation to do for all Canadians. As parliamentarians, we can and we must take action to ensure that our security and intelligence agencies have the tools they need to protect Canada. Our government has been clear about its commitment to doing that.

With keen awareness of the challenges that CSIS faces in investigating threats to Canada, we have proposed measured yet critical amendments to the CSIS Act. It is evident to us, as I hope it will be to members on all sides of this House, that CSIS must have clear authority to investigate security threats to this country, whether they originate here or they originate abroad.

How would this bill allow for that? First of all, the bill would allow confirm CSIS's authority to carry out investigations outside of Canada. Specifically, it would amend the CSIS Act to state, for greater certainty, that CSIS has the authority to perform its duties within or outside of Canada for the purposes of investigating threats to the security of Canada or conducting security assessments.

Another important change would see to it that the Federal Court need only consider relevant Canadian laws, such as the Charter of Rights and Freedoms and the CSIS Act, when issuing warrants authorizing CSIS to undertake certain intrusive activities in order to investigate a threat to the security of Canada outside of Canada.

In addition, the bill would address a shortcoming in the act as it stands with respect to the disclosure of human sources in court proceedings. At the present, there is no automatic protection for the identity of CSIS human sources similar to the common law privilege available to police informers. This is problematic, given that human source intelligence is so central to CSIS's work.

To address this problem, we have proposed an amendment that would create a prohibition on disclosing in court proceedings the identity of any CSIS human sources who have provided information to CSIS on the condition of confidentiality.

There are two exceptions that would allow this information to be disclosed. One is if a person is not in fact a confidential human source; the second is if the information is needed to demonstrate the innocence of the accused in a criminal proceeding. Overall, with these exceptions included, we believe that this amendment would successfully balance the need to protect the identity of CSIS human sources with the need to ensure fairness in legal proceedings.

Finally, we have proposed an amendment to safeguard the identity of CSIS employees who are likely to become involved in covert operational activities in the future. This is critical. Our operatives are serving in perilous situations on our behalf, so it is incumbent upon us to ensure that their families are safe as they do their very important work to ensure that our families remain safe.

Our government is convinced that these amendments are needed to ensure that the CSIS Act provides CSIS with the means to use reasonable and necessary measures to investigate threats to the security of Canada for the safety and security of our nation.

Nevertheless, as we make these carefully considered changes that will help CSIS investigate threats to Canada, I want to reassure Canadians that some fundamental elements will not change.

First and foremost, the rule of law applies. A judicial warrant is absolutely required in order to authorize CSIS's more intrusive activities. To be sure, this requirement serves as an important safeguard on the rights of Canadians. The CSIS Act clearly states that in order for a warrant to be issued, CSIS must satisfy a judge that, among other things, there is reason to believe the activity constitutes a threat to the security of Canada.

Second, I want to stress that CSIS's activities will continue to be consistent with the rule of law and Canadian values.

Last, CSIS will remain subject to robust oversight by the Minister of Public Safety and Emergency Preparedness, just as it will remain subject to external arm's-length review by the Security Intelligence Review Committee, SIRC.

For the safety and security of Canadians, we need to move forward with these targeted and limited amendments to the CSIS Act to ensure that CSIS has the tools it needs to investigate threats to the security of Canada.

At the outset of my remarks, I mentioned that there were two elements to this legislation. Now I am going to turn to the second part.

The bill also contains technical amendments to the Strengthening Canadian Citizenship Act, which received royal assent earlier this year.

These amendments will allow for quicker implementation of the citizenship revocation provisions in that act, including provisions to enable the Minister of Citizenship and Immigration to revoke Canadian citizenship from dual citizens convicted of terrorism, treason, or spying offences. We believe that an earlier timeline to implement these important provisions is warranted.

Citizenship is a pledge of mutual responsibility and shared commitment to the values rooted in our history and to our fellow Canadians. Dual citizens convicted of serious crimes such as terrorism should not continue to benefit from Canadian citizenship, a citizenship that provides foundations of democracy, human rights, and the protections afforded to all Canadians in this great nation.

In closing, I would like to clearly state that it is imperative that all parties support this legislation. In the past, both the Liberals and the NDP have been guilty of under-reacting to the threat posed to Canadians by radical extremists. Clearly both parties, I hope, have now come to realize the true threat that we face and will work with us to ensure that all Canadians are protected and safe.

The Liberals opposed taking citizenship away from terrorists. Bizarrely, they claimed that it was an affront to Canadian values. I am quite sure that they may have re-evaluated that position. Even further afield, the NDP opposed the Combating Terrorism Act, which was well ahead of its time. It effectively criminalized what we have now come to know as foreign fighters. What is more, the NDP leader has rejected the assessments of the President of France, the U.S. Secretary of State, and even the Commissioner of the RCMP, who said what Canadians knew all along: that the horrific events of late October were the acts of deranged terrorists bent on establishing an Islamic caliphate.

I hope that in the coming days, all parties in the House will take this opportunity to stand up for security and to stand up for all Canadians. Our nation must be preserved, and to do so, we must ensure that we provide those who protect us with the right tools to enable them to do it.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for his speech.

I have a specific question for him on something that he left out of his speech, and that is civilian oversight of CSIS.

This bill provides more power to CSIS. However, it makes no mention of better oversight of CSIS, which is charged with ensuring that everything is consistent with the law and our rights and freedoms as Canadian citizens.

Does the hon. member think it is necessary to have better oversight of CSIS given that the current oversight seems inadequate in many ways? Why is there nothing in this bill about better oversight when it is already falling short and CSIS is being given more power?

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, I disagree. There is oversight through the Security Intelligence Review Committee. Of course, CSIS is an important element in the security of Canada. Keeping us safe, looking forward, looking within the bounds of this nation and outside of it, and scanning for the threats that have very recently affected us all in Canada.

Our having civilian oversight to look into CSIS, monitor its activities, and make sure it complies with Canadian law is strong and robust, and will remain in place.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would disagree with the member's last statement that it is strong and robust, thereby implying that there is no room for improvement.

We need to recognize that there are foreign intelligence agencies. I am sure the member is familiar with the Five Eyes, which includes Australia, New Zealand, the U.S and the U.K., all partners of sorts with Canada dealing with intelligence. We will vote later on today to ensure that there is parliamentary oversight of the agencies.

Would the member not agree that if our partners in the Five Eyes recognize the value of parliamentary oversight, it would be a mistake for the House of Commons not to support private member's bill, Bill C-622, which the Liberal defence critic brought forward, as an opportunity to give strength to the oversight system that we have in Canada today?

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, my friend is right about one thing. There is room for improvement, and that is why we are having this debate. We are looking to improve the ability of our security agencies to protect us, to give them the necessary tools to robustly defend us, to look ahead, to ensure they detect the threats facing Canada and eliminate them before they come to our soil. After the events of the last few weeks, I have absolutely identified areas that we have to work on. That is why I gave my speech today and why others will also rise to speak to this.

In terms of the robustness of our ability to oversee and manage our security agencies, I agree that we have to work very closely with our allies, which we already do. CSIS and others extend outward. They work with our allies and others to share information and make sure that as an allied group we are protected and have mutual support in the defence of terrorism and criminality that threaten Canada.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

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

The bill seeks to clarify elements of CSIS' mandate that address serious operational gaps at CSIS bases, including protecting the identities of CSIS's human sources and employees.

The bill would also confirm that CSIS can operate abroad to investigate the threats that have become all too common of late on the nightly news, threats such as the Islamic State, which has demonstrated particular brutality and is drawing individuals from all over the world to join its cause.

As we have now unfortunately seen over these past few weeks, events abroad can inspire radicalization at home with terrible consequences. The RCMP has been quite clear that both of the terrorists who committed these attacks against members of the Canadian Armed Forces had radical ideological motives inspired by extremist views.

The bill is important to ensuring CSIS remains able to investigate such threats to Canada's national security. Whether those threats be radicalized individuals at home, those seeking to travel abroad and cause harm to others, or Canadians abroad committing acts of terrorism, the Canadian public expects and rightly demands that CSIS have the legal authorities to take all necessary steps to investigate threats to the security of Canada and ensure our safety and security.

That said, Canadians also rightly expect that our security agencies be subject to proper review and accountability to ensure they operate within the law. Some members of the House have noted such concerns, and I would like to address these matters directly.

Just over 30 years ago the House passed the Canadian Security Intelligence Service Act. CSIS was created on the basis of recommendations made by the McDonald commission, itself an independent commission of inquiry.

The McDonald commission spanned four years, from 1977 to 1981 and carefully examined complaints against the RCMP security service at the time. Notably for our discussion here today, its primary recommendation was to create a civilian security intelligence agency separate from law enforcement. This key recommendation is what led to the creation of CSIS.

At the time, the establishment of CSIS had bipartisan support. It is important that the legislation also created a sophisticated and extensive system of accountability and review. That review system is built on the function and role of the Security Intelligence Review Committee or SIRC, judicial authorization, and accountability to the minister and Parliament.

Canadians should be aware that historically SIRC's membership has consisted of individuals from diverse political backgrounds and walks of life. Such a varied membership helps to ensure the trust of all Canadians. It is also important to note that SIRC is one of the most robust review bodies in the western world.

SIRC's mandate is threefold. First, SIRC's review function allows it to make observations and provide recommendations in regard to CSIS' activities, operations and tradecraft. Such review helps ensure that CSIS' operations are effective, safe and legal.

Second, SIRC's complaints function mandates it to investigate formal complaints from members of the public in regard to specific activities of CSIS. Commonly, such complaints are in regard to the denial of a government security clearance by their deputy head, but SIRC can certainly examine any complaint regarding an activity of CSIS.

Third, SIRC is also charged with certifying that CSIS' investigative activities, as described in the director's annual report to the minister, are consistent with the CSIS Act and ministerial direction, and demonstrate a reasonable and necessary use of the service's powers. In that regard, in its most recent report, SIRC found that the operational activities of the service complied with the act and ministerial direction, and were reasonable and necessary in the execution of its mandate.

Canadians should be aware that SIRC's mandate knows no geographic boundary. In that regard, SIRC can and does review CSIS' foreign operations and stations abroad.

As CSIS has increasingly expanded its operations abroad in response to growing threats, particularly after 9/11, SIRC, too, has expanded its own review of those operations. SIRC's expansive mandate means that it provides a robust system of checks and balances on the powers and activities of the service. Canadians can be assured that SIRC continues to carefully review both CSIS' domestic and international activities.

In its 30 years of existence, CSIS has adopted or addressed the majority of SIRC's recommendations, and the director of CSIS has stated forthrightly and publicly that it is a better organization because of SIRC's recommendations. It should also be noted that CSIS' activities can be and regularly are reviewed by the Privacy Commissioner who can issue public recommendations. Members should also be aware that certain CSIS investigative activities require judicial authorization.

CSIS' warrant powers are managed through a rigorous and comprehensive regime and require the prior approval of the Minister of Public Safety. The Federal Court has complete discretion whether to approve, deny or renew warrant applications from CSIS. Markedly the bill would clarify that the Federal Court can also issue warrants for certain intrusive investigative activities by the service abroad, and in consideration only of relevant Canadian law.

Members should also know that such a rigorous warrant regime for international intelligence operations is unprecedented among our closest allies and provides a level of assurance both for the legality and appropriateness of CSIS activities abroad. Further still, the service reports directly to the Minister of Public Safety who is accountable to Parliament for the activities of CSIS and tables an annual public report on CSIS' activities.

CSIS appears regularly before parliamentary committees to address concerns of members and senators. In fact, as recently as October 8, the CSIS director and RCMP commissioner appeared at the Standing Committee on Public Safety and National Security to provide members with a frank, open and candid discussion of the terrorist threat. I am quite sure that CSIS officials will appear at the public safety and national security committee to address any concerns and answer any questions on the bill before us today.

Simply put, CSIS' review and warrant regimes are robust and extensive. Canadians and members of the House can be assured that CSIS is acting well within its mandate to investigate threats to the security of Canada.

To me, this is all very impressive. It is reflective of our shared Canadian values of respect for individual rights and the rule of law. However, still the Liberals continue to bring forward proposals that would create duplicate oversight mechanisms. It seems that many, especially the members for Vancouver Quadra and Malpeque, seem focused on well-meaning proposals that have the unintended consequence of causing our national security agencies to go head to head with the terrorist threat with one hand tied behind their backs.

I would like to take this opportunity to encourage all members of the House to stop under-reacting to the terrorist threat and to support this important legislation.

Lastly, we all like our privacy and security, but we live in a different world today. I know that there is an expectation among most Canadians that the government has to take action. Some of the things that happened here in the last two weeks in this place and this city has made that reality very apparent to all of us. The Government of Canada will and has to respond to that threat.