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

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, that is a reasonable question, but I do not think that Bill C-44 would change that balance.

Canadians, including those from Burlington, believe that we do have a role and responsibility as a government to protect our citizens, particularly in a world where, unfortunately, terrorism is not a far-off threat. It is something that can happen here on this soil, in homes, communities and places of work.

We have organizations, such as the RCMP, police forces and CSIS, which are our agencies to help with protection. In a careful review of what Bill C-44 would do in terms of protecting Canadians, it would actually enhance the ability for Canadians to enjoy the freedoms they have in their homes, in their communities, in their province and in their country.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, the member has said that the bill is a measured and reasonable step forward. However, we are supporting the bill to go to committee because it needs thorough scrutiny. There are measures in the bill that experts are concerned might violate international law. There are other measures that include provisions to enact an element of another bill that really does not have very much to do with the core elements of the provisions around CSIS.

My largest concern is that, unlike the advice that the Information Commissioner has given, any movement to strengthen or increase security measures should also be accompanied by an increase in oversight. However, that is completely ignored by the current government. In fact, the member's government has said that security oversight is just fine as it is.

In his view, does the member feel there is no need or any benefit in having an oversight that would tie together the various security agencies, such as CSEC, the Canada Border Services Agency, the RCMP, immigration and others, which, in some cases, are operating in silos in terms of oversight?

Would an integrated overview approach, as proposed by Bill C-622, which we will be voting on tonight, and other legislation, not be a positive thing in order to identify any gaps among the agencies and fix the—

[The Acting Speaker, Barry Devolin]

The hon. member for Burlington.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, I will not be supporting the motion to have parliamentary oversight.

I have been on the Hill for eight years. One of our key functions as members of Parliament is financial oversight. Today our supplementary estimates (B) and performance reports were tabled. In having parliamentary oversight, there is a lot of room for improvement on the financial side.

If the member thinks there needs to be oversight, then we should change, improve or enhance the abilities of those organizations that already exist to provide oversight. Adding another layer, particularly a set of parliamentarians, will not enhance or improve the oversight of the spy agency or the other agencies or bodies that already exist and have that responsibility. Improve their responsibility, but do not add another layer of bureaucracy, particularly one that has a political element to it.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I thank the member for Burlington for sharing his time, so I can speak to Bill C-44, the protection of Canada from terrorists act.

This legislation includes amendments to the CSIS Act as well as the Strengthening Canadian Citizenship Act and today I am going to address my comments to the CSIS Act.

Before I begin, let me explain why we have introduced this important piece of legislation. Recent events both here and in Quebec really serve as a very stark reminder that ISIL is a very real threat to Canadians. It is all too real to the people who sit in this House and I want to take a moment to thank everyone who personally called, emailed or texted me to express their concern for me.

Because of these and other threats, our Conservative government is working very determinedly to strengthen the tools that are available to the police and to our intelligence community in the areas of surveillance, detection and arrest.

The protection of Canada from terrorists act is just the first step in our efforts to do that. Canadians can be assured that we will not overreact in response to these terrorist acts, but it is also time, as the member for Burlington stated, that we stop under-reacting. To do this, we must give those who are investigating these threats to the security of Canada the tools that they need to ensure that they can investigate these threats wherever they might occur.

For the past 30 years, the Canadian Security Intelligence Service has played a key role in helping to ensure the safety and security of Canadians. Today, CSIS investigates and analyses a really wide range of threats from terrorism, to countering the proliferation of weapons of mass destruction, and foreign espionage.

CSIS has evolved into a world-class professional intelligence service that is respected and relied upon both here at home and globally. That achievement is ultimately due to the really high calibre of people who have chosen to work there. These are men and women who have joined CSIS because they really wanted to make a difference and they wanted to protect the safety and security of Canada. That is in the face of evolving national security threats.

However, those threats have changed dramatically since CSIS was created with the CSIS Act in 1984. The threat of terrorism is now a lot more complex and it is a lot more diffuse. Radical individuals or groups of extremists with the motivation and access to certain kinds of technology can really do significant harm to Canada. Global conflict, particularly the abhorrent violence that is perpetuated by the Islamic State of Iraq and the Levant serve as a reminder of our obligation to address these threats and this was underscored and echoed by the President of France here in the House this week.

Our government proposes to amend the CSIS Act to allow CSIS to better operate and investigate these threats to Canada's national security. I want to highlight the most recent measures taken by our government to continue to improve our counterterrorism tools, to face this evolving threat environment we are in.

The Combating Terrorism Act, which came into force in May 2013, created new criminal offences of leaving or attempting to leave Canada for the purpose of committing certain terrorism offences outside Canada. This is close to home for me because there have been people radicalized from Calgary who have done this.

This last July, a B.C. man was charged with leaving Canada to take part in a terrorist activity under this new act for the first time. Our government also employs many means to deny terrorists the opportunity to be able to carry out terrorist activities. This includes the RCMP-led high risk travel case management group and revoking and suspending passports of these prospective travellers.

However, our law enforcement people need more tools. We are committed to doing everything in our power to prevent Canadians from becoming either victims or perpetrators of terrorism-related activities.

That is why in our government's 2014 Public Report on the Terrorist Threat to Canada, it lays out our actions to address terrorism in all of its forms, including addressing this phenomenon of extremist travellers and returnees. Though the numbers are fluctuating, as early as 2014, the government was aware of more than 130 people who had Canadian connections, who had travelled abroad and were suspected of terrorism-related activities. This is real.

More recently, CSIS indicated that it is aware of 50 Canadians directly involved with activities being undertaken by ISIL and other extremist groups in the region.

Our government believes that prevention is really fundamental to combat violent extremism and that all key players, including community members who are very important, government and law enforcement and intelligence agencies, have to share a common and comprehensive understanding of violent extremism. We have to all work together to stop people from being radicalized into violence. Some of the methods are intervention and building community and law enforcement capacity.

While we are working here at home, we also have to take action on the international front. This is why we are collaborating with our allies on global efforts to counter violent extremism and to address this threat of extremist travellers.

More recently, as we know, our government voted in favour of joining our allies in the global military action in Iraq. In doing so, we are going to work to destroy the ISIL threat and its barbaric actions, which have resulted in the deaths and displacement of innocent civilians across the region and caused a global security concern.

While we are continuing to take strong action against this despicable organization, we must give our intelligence agencies the tools that they are going to need to really confront these kinds of threat to our security.

That is why we have introduced Bill C-44, the protection of Canada from terrorists act. Through this legislation, our government would amend the existing CSIS Act to confirm that CSIS does have the necessary methods and tools that it needs to investigate these threats and protect the security of Canada.

The legislation governing CSIS really does need to keep pace with this evolving terrorism threat to ensure that CSIS can investigate these threats, no matter where they occur. To that end, the protection of Canada from terrorists act would specifically confirm CSIS's authority to conduct investigations outside of Canada. These would have be to related to threats and to the security of Canada and security assessments.

It would confirm that the Federal Court can issue warrants for CSIS to investigate, within or outside Canada, threats to the security of Canada.

It would give the Federal Court the authority to consider only relevant Canadian law when issuing these warrants to authorize CSIS to undertake certain intrusive activities to investigate a threat to the security of Canada or outside of Canada.

It would protect the identity of CSIS human sources from disclosure, which is very important, and it would also protect the identity of CSIS employees who might engage in covert activities in the future.

It is important to note that CSIS would continue to require judicial authority to conduct certain investigative activities both within and outside of Canada. It would still remain subject to independent review by the Security Intelligence Review Committee.

The protection, safety and security of Canadians and our interests are a top priority for the Government of Canada, and should be for all members in the House. To that end, the important role that CSIS plays cannot be overstated. We will continue to equip it with the tools that it needs to investigate threats to the security of Canadians in what we are facing right now, which is an increasingly complex global environment.

I would encourage all members of the House to ensure that they vote for this very important and needed legislation.

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

Mr. Speaker, I would like to thank my colleague for her speech.

We know that Bill C-44 is not a direct response to the events of October 20 and 22. The government announced other measures in reaction to those events. I would like to hear the member's opinion on the legislator's responsibility to react responsibly.

Does the member think that reacting to specific events or isolated cases is the right way for the legislator to make laws? I have raised this question in the House on a number of occasions over the past three and a half years. I would therefore like to know what she thinks about the legislator's responsibility to be cautious. The threats change and society changes, but the laws remain. That is why it is important for us, in the House, as legislators, to be responsible when it comes to the new laws that will be passed in response to very specific and often isolated incidents.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I think the member for Sherbrooke knows that the events we suffered here in this House and the events in Quebec were entirely regrettable and have affected all of us.

This legislation was in the works prior to that. Those events just brought home to us, and to all Canadians, the real need for this legislation. I think the members opposite recognize that it is not a reaction to the events that occurred here. This is a reaction to the events occurring globally that have been reported and that we have seen in Iraq and have heard about so vividly: the atrocities, the loss of life, the incredible difficulties people have faced worldwide, and the threats to our security at home.

Those events just brought that home to us. This is very well-considered legislation. I think it shows real balance.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I listened with interest to the comments of the member across the way.

Liberals certainly feel and believe that strong security measures that protect Canadians are very important. Our intelligence agencies, our security agencies, do very important work in this regard.

It was under a Liberal government that the Order in Council to create, for example, our signals intelligence agency were put in place by cabinet, and it was also under a Liberal government that the National Defence Act and the Anti-terrorism Act were put in place to strengthen the ability of our security agencies to do their work.

The member used the word “balance”. What is missing in the government's approach is that very idea. I was listening carefully to hear any mention of the words “freedom”, “privacy rights”, and “civil liberties”, and I did not hear those words even once.

I ask the member whether she is aware that the deputy director of the U.S. Department of Homeland Security considers the embedding of privacy rights and civil liberties in every program, system, and activity of Homeland Security to be essential to having a strong and effective security outcome for that department. How does she think that relates to the government's approach?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I think I addressed that at the outset. Canadians need not be concerned that we are overreacting. We recognize that freedom is very important, and it is that very freedom the bill would protect.

As I mentioned in my speech, CSIS will continue to require judicial authority before it can conduct certain investigative activities and will remain subject to independent review by the very important Security Intelligence Review Committee.

Those are our checks and balances in the system. It is freedom that we are interested in protecting. That is why this piece of legislation is being introduced. From the member's comments and the comments of the official opposition, I hope and pray that they will support it.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I always appreciate the opportunity to share with members some of my personal thoughts and to express some thoughts and ideas from the Liberal Party.

It goes without saying that Canadians have a burning desire to see security measures in place that will allow them to feel safe in the communities in which they live, whether it is here in the parliamentary precinct or in communities throughout the country.

On that note, it would be a mistake not to pay tribute to all those individuals who put in the effort to make us safe. Whether it is the intelligence officers of CSIS, the RCMP, border patrols, or other policing agencies, there are so many individuals who play a proactive role in ensuring that we have a sense of security. I wanted to express my appreciation for that.

It is not easy to provide a 100% guarantee that Canada will never have to endure a terrorist attack. What we can do is work hard to prevent one, wherever possible, and adequately support the different agencies. In particular, today we are focusing on CSIS.

We can bring in new legislation, but at the end of the day, legislation is only one aspect. We have to challenge the government to ensure that it is putting in other types of resources to support the different agencies that are there to protect us. Whether the government is in fact doing enough can at times be called into question.

This is really the first opportunity I have had to comment on what we all experienced just a couple of weeks ago. In the days that followed, I happened to be on a flight to Ukraine. Whether it was at the airport in Frankfurt or in Ukraine itself, I saw our beautiful Parliament buildings on the news. What took place a couple of weeks ago made international news, as many people around the world were quite concerned about what was taking place in Canada. Constituents, family, and friends at the time also expressed a great deal of interest and concern and offered their prayers and best wishes.

As has been pointed out, from Sergeant-at-Arms Kevin Vickers all the way down, people did a phenomenal job, and they should all be applauded for their efforts in ensuring that there was minimal impact because of what took place.

We have heard some amazing speeches. There were political speeches from leaders and others who paid tribute to Corporal Cirillo, who ultimately made a sacrifice that has reached into the hearts and minds of all Canadians. I raise that because I want to put it in the context of Bill C-44.

The bill would do nothing to address the national security concerns related to the events in Quebec and Ottawa a couple of weeks ago. It would simply amend the present legislation to meet current CSIS practices and would expedite the CIC amendments in Bill C-24.

The government needs to explain why the provisions already in place in the Criminal Code have not been utilized in response to those individuals who represent a threat to this country.

The sections of the Criminal Code in question are section 83.181, relating to the laying of charges against an individual attempting to leave Canada to participate in terrorist activities; section 83.3, which could be used to place recognizance with conditions on those suspected of terrorist activities; and section 810, relating to peace bonds and possible detention.

I was intrigued by some of the discussions. One of the most interesting statements I came across was from the Minister of Public Safety on October 8 at the public safety committee. This is in regard to the 80 individuals who returned to Canada after having travelled abroad to take part in terrorism-related activities. This is what the minister stated to parliamentarians and Canadians at committee:

Let me be clear that these individuals posing a threat to our security at home have violated Canadian law.... These dangerous individuals, some skilled and desiring to commit terrorist activity, pose a serious threat to law-abiding Canadians.

This begs a number of questions with respect to whether we are acting on the current legislation that has been passed.

What would Bill C-44 actually do? There are three things I can detect. First, there would be protection for informants. I can appreciate why that would be necessary. Second, it would provide more clarity on the need for warrants. CSIS needs to investigate, and this legislation would provide more clarity with respect to warrants from judges to complete those investigations. Third is the issue of dual citizens. The House voted on this not that long ago, and it is being expedited.

The government needs to be aware of what is missing, and that is oversight. Oversight was mentioned today in questions.

In an hour, we will be voting on Bill C-622, an important piece of legislation. Bill C-622 was introduced by my colleague from Vancouver Quadra. She has done a wonderful job in recognizing the importance of parliamentary oversight. The government has been negligent on this issue, and I do not say that lightly.

What the member from Vancouver Quadra is asking of the government is already being done and is in place for our Five Eyes partners. In Australia, New Zealand, the United States, and the United Kingdom, it is already being done. They have recognized the value of having parliamentarians provide oversight.

I do not understand why the government is resisting that idea. This is not necessarily the first time, but it is definitely an opportune time for the government to recognize that the House of Commons and parliamentarians as a whole do have a role to play.

We hope that the Prime Minister will allow for an open vote on this issue. I would encourage the government to reflect, to seriously consider the benefits of accepting what the member for Vancouver Quadra, the Liberal Party defence critic, has put on the table for us today, and to vote for parliamentary oversight.

Oversight would go a long way in providing peace of mind, in many different ways. Oversight is a good way to ensure the protection of the rights of all Canadians. It is in our best interest, I would argue.

Parliamentary oversight is not just a Liberal Party proposal. As has been pointed out, our other partnering nations have already done this. Why would the government not respond in kind and recognize the value of oversight?

We in opposition recognize how important it is to provide protection for informants. It only stands to reason that there would be protection of informants, who provide critical, valuable information when a CSIS agent is doing an investigative report or conducting an investigation into the potential for some form of a terrorist act here in Canada or abroad. We have to depend on informants.

I have no sense of the actual number of informants out there, but I do understand and appreciate the need for us to protect them. In looking at this piece of legislation, we see that protection as a positive thing.

In terms of warrants and the need for warrants, again this concern does not come from any individual political party. Based on the discussions and comments I have heard here this afternoon and even previously, it seems there is virtual unanimity in recognizing how important it is that we provide additional clarity to CSIS as an organization and in terms of the role of warrants in ensuring that investigations are conducted in a proper fashion. There is an understanding that unusual circumstances come into play when terrorist activities and organizations are investigated.

As a whole, Canadians are very much aware of what terrorism is all about. We understand and appreciate that we are living in a very different world. Through the Internet and all forms of media outlets, we know there is a much higher sense of awareness. It is there and it is very real.

That, I believe, is one of the reasons that Canadians expect the Government of Canada to do what it can to ensure that they have a sense of security in the communities where they live, and I suggest many of my colleagues would concur. However, at the same time, there is an expectation that we will demonstrate leadership at the international level.

In bringing forward legislation such as we have before us today, it is very important that we consult with the different stakeholders and ensure that the legislation is, in many ways, a bit more inclusive in terms of having the right balance. I am not convinced that we have the right balance here. That is why, in my last 15 or 20 seconds, I would ask the government to recognize the importance that parliamentarians have when it comes to ensuring that Canadians feel much safer in their communities. Parliamentarians need to be, and should be, more engaged in the process. Whether it is oversight or whether it is parliamentary committees, we can make a difference.

[The Acting Speaker, Bruce Stanton]

The hon. member for Winnipeg North will have three and a half minutes remaining for his comments when the House next resumes debate on the motion and, of course, the usual 10 minutes for questions and comments.

The House resumed from November 5 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.

Second Reading

[Joe Daniel, Conservative, Don Valley East, ON]

Mr. Speaker, I will be sharing my time with the member for Desnethé—Missinippi—Churchill River.

It gives me great pleasure to stand today and speak to Bill C-44, the protection of Canada from terrorists act. We have heard in these debates that this bill contains amendments to the CSIS Act and technical amendments to the Strengthening Canada's Citizenship Act. My remarks today will focus on the amendments to the CSIS Act and why we are taking steps to give this vital agency the tools it needs to conduct investigations out of Canada related to threats to the security of Canada.

First I would like to speak to the global terrorist threat, the impacts 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, we have all witnessed in the past weeks that Canada was the victim of two terrorist attacks within the span of one week. Because of 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 past decade, in particular since September 11, 2001, to counter terrorist activities. Canada has been a leader in global counterterrorism efforts. We have citizens and civil society organizations representing people of all faiths and beliefs. They work among themselves and with our government to prevent terrorism by building stronger and more resilient communities. All of these measures were 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.

Indeed, our security agencies have been monitoring groups like al Qaeda and ISIL closely for years. We have taken concrete measures to disrupt and prevent violent and extremist activities. This is a comprehensive approach. While we join our allies in air strikes, we are also taking other measures that are working to help 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 their 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 an act of terror is essential in helping to suppress these groups. Therefore, we have certain provisions under the Criminal Code that we can use to deal with the assets and the operations of groups that support terrorist activities. Listing these entities under the Criminal Code is a public means of identifying a group or an individual as being associated with terrorism, and listing 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 activities that facilitate the activities of a listed terrorist entity. We know that terrorist groups are inspiring westerners to take up arms in support of their cause. In order to reach the individuals and guard against these tactics, we work closely with diverse communities, including through cross-cultural round tables on security.

We are working with leaders in 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 finger on the pulse of their communities. These leaders have been integral to helping law enforcement and security agencies to address threats and identify the best ways of reaching individuals who may be leaning toward violent behaviour and redirecting them from the paths of radicalization that lead to violence.

However, rapid changes in technology, ease of communications, and the mobility of terrorist travellers have created new and complex challenges for Canada and all 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 those so-called extremist travellers. We brought forward the Combating Terrorism Act to make it an offence to leave Canada to take part in terrorist activities, and laws are 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 to investigate and track the activities of terrorists at our borders and beyond. One of the ways to do this is with the legislation that is before us today, which would amend the existing CSIS Act so that we would be better able to provide CSIS with the tools it needs to investigate threats to the security of Canada wherever those threats occur and ultimately to protect the security of Canadians.

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

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

Clearly there are a number of ways our government protects the safety and security of Canada against terrorism, but first we must be sure that we have the right tools in place for our security intelligence agencies 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 in this House to join me in supporting this bill.

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

Mr. Speaker, I am pleased to be able to ask my colleague opposite a question about Bill C-44, particularly since we just voted on the 81st gag order imposed by the Conservatives, which I find very sad for our democracy.

Let us come back to Bill C-44 and the proposals it contains. I had the opportunity to examine it in a bit more detail and to see what measures it contains. We still have a lot of questions about some extremely technical terms. What caught my attention about this bill is the fact that it is about the Canadian Security Intelligence Service and, although it is only four or five pages long, it is an omnibus bill. It is very disappointing that the Conservatives did this. Part of this bill deals with the Immigration Act and has nothing to do with the Canadian Security Intelligence Service.

I would like to know whether my colleague opposite would be prepared to divide the bill so that we can address only the aspects that deal with the Canadian Security Intelligence Service and not those that deal with the Immigration Act.

[Joe Daniel, Conservative, Don Valley East, ON]

Mr. Speaker, obviously everything would be impacted by this act, including immigration. It is important that we integrate all of those things into this bill to make sure that we cover what is needed to prevent terrorist acts against Canada and Canadians throughout the globe.