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

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, for my friend across the way, when the government was considering Bill C-44, did it take into consideration the recommendations of Justice O'Connor from the Maher Arar commission and Justice Iacobucci from the investigation into the torture of Abdullah Almalki?

Both of those reports were very significant and very important to Canadians, especially in the area of oversight of Canadian civil rights.

[Bernard Trottier, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services]

Mr. Speaker, I am pleased to rise today to speak to Bill C-44, the protection of Canada from terrorists act. Countering terrorism is a key priority of our Conservative government. Events in the Middle East, including the ongoing conflict in Syria and Iraq, as well as the recent tragic events on Canadian soil, have raised the spectre of violent extremism.

These events have only strengthened our resolve as we have heard our law enforcement and intelligence officials speak about the threat posed by extremist travellers and indeed as we have witnessed some very disturbing attacks on our soldiers and on the House.

Our government will do anything we can to prevent Canadians from becoming either victims or perpetrators of terrorism-related activities. Make no mistake, the horrific events that happened in Canada on October 20 and 22 were most certainly terrorism. While the leader of the NDP is entitled to his own opinions, he is not entitled to his own facts.

The Criminal Code clearly states that a terrorist act is one of violence, seeking to create fear for political, religious or ideological ends. The RCMP confirms that both of these events had those elements, and our allies agree. Just yesterday, the President of France confirmed his country's position, as recently did the U.S. Secretary of State that these were terrorist acts.

We continue to be guided by the four-pronged approach laid out in our counterterrorism strategy, namely measures to prevent, detect, deny and respond to the threat of terrorism. I will take my time today to speak about some of the important work being done in support of our strategy, namely in the area of prevention and detection.

In terms of the prevent element, I would note that Public Safety Canada is the lead federal department for addressing the issue of violent extremism and it does so in close collaboration with a number of departments and agencies, in particular, the Royal Canadian Mounted Police. An important way to address violent extremism is by preventing it from happening in the first place. Our work to counter violent extremism is predicated on three complementary elements: building community capacity; building law enforcement awareness through training; and developing programs to stop radicalization to violence through early intervention.

There are a number of specific initiatives I could point to here, including in-depth dialogue with communities on radicalization to violence, but I want to emphasize the importance of the work being done under the Kanishka project contribution program.

Named in memory of the victims of Air India Flight 182, our government committed $10 million over five years in support of valuable academic research to help inform our understanding of what we could do to stop terrorism.

Research supported by the project will increase our knowledge of the recruitment methods and tactics of terrorists, which will help produce more effective policies, tools and resources for law enforcement and people on the front lines.

In terms of the detect element, I first want to note that we have had some noteworthy successes in disrupting terrorist plots in our country. Successful arrests, prosecutions and convictions in Canada are a testament to the fact that our national security agencies work effectively with partners and communities. Yet, to be clear, more needs to be done in the areas of surveillance, detention and arrest.

The events of late October this year offered a stark reminder that the status quo simply is unacceptable. Sadly, we had to lose two brave members of the Canadian Armed Forces to have the point hit home that while we must not overreact to the terrorist threat, we certainly must stop under reacting

That is why work to improve our capabilities in support of detection is an area in which the Government of Canada is active. That is, in fact, why we are here today to debate the first step forward.

The Prime Minister has been clear about the need to ensure our security and intelligence community have the tools they need to confront the terrorist threat.

As members may be aware, the legislation before us today contains provisions to update the governing legislation of CSIS, the Canadian Security Intelligence Service Act. There is no question the threats to Canada's security have changed dramatically since the passage of the CSIS Act in 1984. For context, this legislation has not been updated since the first Apple Macintosh was sold.

Given that the threat from terrorism is now more complex and diffuse, this legislation would go a long way toward giving CSIS the clarity it would need to investigate threats to the security of Canada wherever they may occur.

To that end, the proposed legislation contains amendments that would confirm CSIS' authority to investigate threats outside of Canada.

CSIS has always had authority to conduct investigations outside of Canada, because threats to the security of Canada do not stop at our border. However the CSIS Act needs to be clearer in stating this fact. Confirming CSIS' authority would ensure that CSIS has the ability to fully investigate the threat posed by Canadians who travel abroad to engage in terrorist activities. This would help ensure that those individuals would be tracked, investigated, and ultimately prosecuted.

Bill C-44 also contains amendments to help CSIS protect the identity of its human sources in court proceedings, as well as its employees who are likely to engage in covert operational activities in the future.

While we debate Bill C-44, I would like to draw to members' attention a few other important pieces of legislation that only further demonstrate our government's resolve to combatting terrorism.

The Combating Terrorism Act, which came into force in May 2013, makes leaving or attempting to leave Canada for terrorist purposes a criminal offence. Unfortunately, the NDP voted against this common-sense legislation.

Another important tool that we continue to use is the listing of terrorist entities under the Criminal Code. Once a terrorist group is listed as an entity, it becomes a criminal offence for any Canadian to provide financial assistance to the group or to enhance its ability to carry out terrorist activity.

In light of ongoing events in Iraq, the Government of Canada listed ISIL, for example, as a terrorist entity. The listing of terrorist entities facilitates prosecution of both the perpetrators and supporters of terrorism. Given the fact that these groups require money to function, listing is also advantageous in countering terrorist financing.

It is also important to note that Canada works closely with its international allies to confront the terrorist threat. Clearly, the challenges Canada continues to face with respect to terrorism are ones our allies also face, so collaboration with our partners will be key to our counter-terrorism efforts.

In conclusion, I want to assure all Canadians that our government is, as ever, committed to ensuring the safety and security of Canadians at home and abroad. That is what Bill C-44 is all about. I call on all members to support it.

The House resumed 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

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, it really is a privilege to be here this afternoon to participate. This is one of those debates that cuts to the very core, the pith, of what we are doing here as parliamentarians and legislators. Bill C-44, which amends the Canadian Security Intelligence Service Act and other acts, is very profound. It speaks to the powers of the state and the rights and responsibilities of our citizenry.

Moments ago the member for Selkirk—Interlake asked a question of the NDP speaker at the time, asking if New Democrats were prepared to give more rights to terrorists than to law-abiding Canadian citizens. That is another astonishing assertion and it reminds me of the very famous passage in the brilliant play written by Robert Bolt, A Man for All Seasons, which is the story of the life of Thomas More who is being prosecuted.

The prosecutor is William Roper, who says to Thomas More, “So now you'd give the Devil benefit of law”? Sir Thomas More responds, “Yes. What would you do? Cut a great road through the law to get after the Devil”? William Roper responds to the prosecutor, “I'd cut down every law in England to do that!”, to which Sir Thomas More responds, “Oh? And when the last law was down, and the Devil turned round on you—where would you hide”? “Yes” says Thomas More, “I'd give the Devil benefit of law, for my own safety's sake”.

That is precisely what we are talking about when we discuss the balance the government continues to allude to when it comes to making sure that our intelligence and security services have the power and authority to do their jobs, while at the same time safeguarding our rights. When we play fast and loose with our rights, it is a very dangerous game.

Bill C-44 is trying to make some positive improvements to the status quo. I think everyone in the House agrees with this. However, there are series of profound and probative questions that have been put to the government that remain unanswered. These are deserving of an answer, because they do cut to the chase and speak to whether or not we would give the benefit of law to the devil.

There are questions, for example, like why the government cannot explain why legislation already in place has not been enforced. Specifically, under the provisions of the Criminal Code brought in by the government in 2013 in the Combating Terrorism Act, why have we not seen a single prosecution? I raised the question earlier to a former peace officer who has sworn an oath to uphold the rule of law, and his answer was, “You're criticizing law enforcement agencies”. I am doing nothing of the kind. I am asking why, if we know there are anywhere between 80 and 145 Canadians who have been abroad participating in terrorist activities on foreign soil, there has not been a single prosecution under the new powers brought in by the government just a short year ago?

Canadians deserve an answer from the government. The sections of the Criminal Code are 83.18, which relate to laying a charge against an individual attempting to leave Canada to participate in a terrorist activity; or 83.3, which could be used to place recognizance and conditions on those suspected of terrorist activity; and section 810, related to peace bonds and possible detention. We have not received an answer.

The government likes to speak about being a sovereign state and having its own standards—not being bound by its partnership with the Five Eyes, and not relating to the work and best practices of the United Kingdom, United States, Australia, and New Zealand. It says that it is sovereign when it comes to security issues, yet when it comes to climate change, we have hitched our wagon to President Obama. There we are not sovereign. However, let us take the Conservatives at their word that they are sovereign when it comes to questions of security laws and the enforcement of those laws. Well then, why is it that on October 15 we learned that the Conservative government has failed to implement provisions of the 2011 border security agreement with the United States on information sharing with respect to the travel of potential terrorists?

It is troubling to hear the Minister of Public Safety and Emergency Preparedness, or even worse, the Prime Minister, talk about new legislation, new powers that we need, when existing international agreements we have entered into and signed have not been complied with, including on the international movement of those suspected of being associated with terrorists entities. That question remains to be answered.

We hear repeatedly from members of the government, and in particular former peace officers, like the last speaker from the Yukon, who swear an oath to uphold the rule of law. They become peace officers by swearing an oath. We hear from them repeatedly that we need new powers, but that is not what we hear from the front-line practitioners. That is not what we have heard from CSIS. That is not what we heard from the RCMP. They are telling us that they need more resources and the capacity to do their jobs. They need to be able to follow up on the existing statutory powers that we have in order to enforce them and to bring them to bear in Canadian society. That is what they are telling the Canadian population. That is what they are telling parliamentarians.

We are supportive of sending the bill back to committee. However, we need the time in committee to make sure that we get that expertise, not from the propaganda or rhetoric of government members, but from those who are actually on the front lines involved in enforcement. They are our best asset and allies in this regard.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I have a question that goes back to the beginning of my colleague's comments.

He made a rather incredible assertion, one I have not heard before from anyone in any party, and certainly not from the government. I want to read back his words. He said that the events last month, which occurred here in my home city of Ottawa, “occurred because of the lack of legislative tools available.” That is the first time this House, I believe, has heard that kind of assertion.

He then went on to say in his closing remarks that he was looking forward to learning from what transpired here with these unfortunate events last month, and improving the situation, which we all agree is the objective of Bill C-44.

Can the member explain to Canadians precisely how he has concluded that it was a lack of legislative tools that led to the tragedies that took place in this city a month ago?

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, it is my pleasure and privilege to rise today to add my voice to the debate on the protection of Canada from terrorists act.

As members know, the bill was not tabled in haste, and it has not been tabled as a stopgap measure in reaction to the terrible acts of violence our nation has witnessed in recent weeks. Indeed, as the Minister of Public Safety and Emergency Preparedness has made abundantly clear, this legislation was drafted and ready for tabling on the very day that a terrorist killed one of our Canadian Armed Forces members who was standing watch over the tomb of the unknown soldier, on the very day that this same terrorist ran down the hallways of this building before our brave law enforcement and House of Commons security forces brought him down. This bill was drafted with much thought and consideration in the light of the evolving terrorist threat facing all western democracies.

The two Canadian Armed Forces members who were murdered on October 20 and October 22 were the victims of individuals who had the same goals: to terrorize Canadians and frighten us into losing our resolve for doing that which is right and just.

Today we are debating Bill C-44, which would make amendments to the CSIS Act. These amendments include, among others, ensuring that CSIS has the tools it needs to investigate threats to the security of Canada outside of Canada, as well as creating a means to protect the identity of CSIS' human sources from disclosure. The bill would also make technical amendments to the Strengthening Canadian Citizenship Act to allow our government to seek earlier implementation of the citizenship revocation provisions, which received royal assent on June 19.

These amendments are critical to clarify the role of CSIS in light of recent court decisions that have addressed the important aspects of the mandate and investigative authorities of CSIS.

However, legislation is only part of the solution to countering terrorism and violent extremism.

A key part of our government's counterterrorism strategy involves building partnerships with Canadian communities over the long term. The focus of these partnerships is to develop resilience and foster critical thinking about extremist messaging and to help devise effective means to intervene during the radicalization to violence process.

The troubling phenomenon of individuals travelling to commit terrorism is a fast-emerging component of radicalization to violence. As we have heard from CSIS and the RCMP recently, we know of a significant number of Canadians who have travelled to hot zones like Afghanistan, Somalia and Syria to join terrorist organizations, to undergo terrorist training and to conduct terrorist activity.

This is of grave concern for many reasons.

We are concerned because we care about young Canadians dying abroad. We are concerned because we want to prevent the damage that may cost human life and to societies struggling in the face of deep divisions. We are also concerned about what happens if these foreign fighters return home. Battle hardened and fully radicalized, they have tremendous potential as terrorist actors in Canada, and, even more important, real credibility as agents of radicalization in their own right.

However, we are tackling this issue in a number of ways.

One way is the revocation of citizenship of dual citizens who have, for example, served as members of an armed group engaged in conflict with Canada or have been convicted of terrorism.

Another way is to attack the movements and activities of those who have managed to leave the country in order to engage in activities that are a threat to the security of Canada. Again, this is part of the bill before us, which is to ensure the authority of CSIS is clear and is able to investigate threats outside of Canada.

Still another way is through initiatives like the Cross-Cultural Roundtable on Security, CCRS, jointly led by Public Safety Canada and the Department of Justice. The CCRS is an excellent example of collaboration between the federal government and diverse communities across Canada. It brings together leading citizens from their respective communities, with extensive experience in social culture issues, to regularly engage with the government on long-term national security issues.

The CCRS meets three times a year to cover a wide scope of issues under the national security umbrella: resiliency, cybersecurity and airport security, among many others.

Over the past several years, the CCRS has focused much of its attention on the topic of countering violent extremism. It has been key in providing guidance and shaping how we talk to Canadians about this issue.

Through this forum, we look to our leaders and communities to help us better understand how to build trust with diverse communities, identifying the tools that communities need, and identifying contributing factors and intervention programs for persons who may be at risk to radicalization to violence.

CCRS members have also helped bridges into communities. Most recent, Public Safety undertook dedicated dialogues with communities on the topic of radicalization leading to violence. Communities are often the first to see suspicious signs or behaviours by others if they are planning something such as travel, attack planning, radicalization and recruiting others. We value the input we receive through these regular meetings.

Countering violent extremism is a defining challenge of our times, a challenge facing Canada and all nations that believe in the rule of law and the rights of our citizens to live in a safe and secure society.

As members can see, our government has been actively pursuing a robust strategy to counterterrorism activity and violent extremism well before the recent attacks on the Canadian Forces members last month.

We have been open in discussing that threat with the citizens of Canada through our counterterrorism strategy released in 2012 and two subsequent public reports on the terrorist threat to Canada which were released in 2013 and 2014.

Today, I have shared just a vew of the measures we are taking that speak to the “prevent, detect and deny” pillars of our strategy. This includes fostering trust and encouraging collaboration between government and communities. It includes preserving the integrity of Canadian citizenship by allowing certain provisions found within the Strengthening Canadian Citizenship Act to come into force earlier than planned. It also includes getting our society and intelligence agencies the tools they need to protect the safety and security of Canadians.

We must move ahead with these amendments with purpose and without delay.

I ask all members to join us in supporting the legislation. I ask all members to join us in protecting Canadians.

[James Bezan, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I rise to add my voice of support for Bill C-44. This is an important piece of legislation that would give more powers to policing agencies in Canada to protect Canadians from terrorists.

I keep hearing from the opposition about the need to protect civil liberties, especially from a privacy standpoint, and we want to do that. We want to find the right balance. However, what it is proposing is that it should trump protecting Canadians from terrorists. We have to make sure, first and foremost, that we identify risks to the Canadian public and ensure that Canadians are not harmed.

I am wondering if she actually believes that terrorists deserve to have the same rights as law-abiding citizens.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I am proud to stand in this place and offer my support for Bill C-44, the protection of Canada from terrorists act. Over the past few months, Canadians have been rightly outraged by the atrocities committed by ISIL. Its barbarism cannot and should not be ignored. To do so would be to leave a ticking bomb with a lit fuse, one that stretches from Iraq to our shores.

We saw this on October 20 and October 22, when two Canadian Armed Forces soldiers were killed in cold blood. The terrorists responsible for these atrocities did so in a planned and calculated way in an attempt to intimidate Canadians into bowing to the terrorist caliphate known as the Islamic State. This is the very definition of terrorism. The President of France, the U.S. Secretary of State and most importantly, the Commissioner of the RCMP, have all confirmed this point.

We must at all costs degrade and destroy the threat posed by ISIL. That is why our government joined our allies to defuse the threat of ISIL at the source. However, military action is only one element of our response to terrorism. The other is gathering intelligence to confront the diverse array of threats to our security. That is easier said than done. The landscape for intelligence work is rapidly evolving and we need to ensure that our security and intelligence agencies have the tools they need to keep Canadians safe and secure.

The world of terrorism has changed dramatically since the 1980s. The CSIS Act, which today's legislation seeks to modernize, was originally written in the era of the Cold War and the rotary telephone. Violent extremism has taken new forms and the threats to Canadians are both more numerous and more sophisticated.

The 2014 public report on the terrorist threat to Canada identified more than 130 individuals with Canadian connections who were abroad and suspected of supporting terror-related activities. As we heard recently from CSIS, this number includes some 50 individuals who are known to be working directly with ISIL and other extremist groups in the region. These extremist travellers pose a threat both to people in foreign countries and to the citizens of Canada. We must stop them from inflicting harm on others. That is exactly what we are doing with the legislation before us today.

We know that we must approach the threat of terrorism and extremist travellers from many angles. This means bringing into force on an earlier timeline the new citizenship revocation provisions that help protect the safety and security of Canadians and safeguard the strong values associated with Canadian citizenship.

That is the goal of the first part of the protection of Canada from terrorists act. We are proposing technical amendments to the Strengthening Canadian Citizenship Act, which received royal assent on June 19, 2014. These amendments will allow for earlier implementation of provisions related to revocation of Canadian citizenship.

These provisions include expanded grounds for revocation of citizenship and a more streamlined decision-making process to allow the Minister of Citizenship and Immigration to make revocation decisions depending on the grounds. Our government firmly believes that we must move quickly to implement provisions that permit the revocation of Canadian citizenship from those radicalized individuals who are convicted of an act of terrorism or who travel overseas to engage in armed conflict with Canada.

We will not hesitate to do what is necessary to protect our country and other innocent citizens of the world who may fall victim to acts of terrorism overseas. Revocation is an important tool to safeguard our strong Canadian values and the integrity of our citizenship program. While we have strengthened our citizenship laws, we know that there are already individuals who have left Canada to join extremist groups and that we must ensure that we can track and intercept those individuals before they commit acts of terrorism.

With the second part of this legislation, we will work to do just that. The proposed amendments to the CSIS Act will add another tool to our counter-terrorism toolbox.

CSIS is a highly professional organization that has succeeded in adapting its tactics and tools to keep up with the ever-changing environment. However, the time has come to amend its governing legislation, the CSIS Act. In doing so, we can ensure that CSIS is well positioned to take reasonable and necessary measures to investigate threats to the security of Canada, wherever they may occur. Reasonable people can agree that CSIS must have this ability. Threats to the security of Canada are more global and complex than they were when the CSIS Act came into force.

Allow me to highlight the major amendments proposed by this legislation. The first major amendment is to confirm CSIS' authority to conduct investigations outside of Canada related to threats to the security of Canada and security assessments. CSIS has always had the authority to undertake investigative activities outside of Canada. However, this authority is not as clearly stated in the CSIS Act as it needs to be. It is important that Parliament provide clarity on this matter. This is a limited and focused amendment, one that merely confirms CSIS' existing authority and makes it even more explicit in law. We cannot afford to leave any gray areas with respect to the scope of CSIS' mandate.

Equally important, we need to 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, the proposed amendments would clarify that the Federal Court need only consider the CSIS Act and the Canadian Charter of Rights and Freedoms when determining whether a warrant is required.

A third major amendment concerns the protection of sources. Common law has long afforded protections for the identity of police informants. Without such protection, witnesses may be reluctant to come forward and criminals may not be prosecuted. The stakes are just as high when it comes to threats to Canada's national security. Through the information of human sources, CSIS may be able to help thwart an attack on Canadians and Canadian interests. Obviously the ability to recruit human sources depends on their confidence that their identity will in fact be protected.

Some hon. members may be surprised to learn that the current CSIS Act does not explicitly protect the identity of intelligence sources during court proceedings. This bill would fill that gap. This protection will of course be consistent with Canadian values of the protection of individual rights and the rule of law. If the information is required in a criminal proceeding to demonstrate the innocence of the accused, the protection can be overturned.

The CSIS Act also has shortcomings that must be addressed with respect to protecting the identity of CSIS employees. Currently, it is an indictable offence to reveal the identity of a CSIS employee who is or has been involved in covert operations. However, the existing legislation does not protect those employees who are not yet but may be engaged in covert activity in the future. Another amendment addresses this oversight. In this way, CSIS employees who are training to become covert officers can be assured that their identity will be protected.

In summary, the amendments proposed today would allow for earlier implementation of citizenship revocation provisions, protect Canadians and other innocent citizens from the acts of violence carried out by extremist travellers, and give our intelligence service more effective tools and clearer authorities to fight violent extremism, including violence perpetrated by Canadians themselves.

I urge all hon. members to join me today in supporting the protection of Canada from terrorists act.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I will be sharing my time with the hon. member from Don Valley West.

I am honoured to be here today to speak in support of the protection of Canada from terrorists act.

We all know that the work we are doing here is extremely important. There has been much discussion about balancing the tools the security agencies need with broader privacy concerns. I completely agree with that position. We must not overreact to horrific attacks, such as those that occurred on October 20 and October 22, but it is also time that we as Canadians stop under-reacting to the very real threat of terrorism.

The bill before us today strikes an appropriate balance. All the measures put forward in this bill are common-sense tools that would enable the Canadian Security Intelligence Service, otherwise known as CSIS, to continue keeping us safe without infringing on any of the freedoms that make this country great. To highlight this fact, I would like to discuss the three core elements of the proposal before us.

First, this bill makes minor adjustments to the CSIS Act to provide anonymity for CSIS human sources. It would confirm CSIS's mandate to investigate threats to Canada both at home and abroad and would provide anonymity to CSIS employees who may engage in covert activities.

Protecting the identity of human sources clarifies what has been an operational assumption for many years. Earlier this year the courts ruled that because this power was not legislated within the act, CSIS sources did not have that anonymity. This was a surprise to our national security agencies, and to probably many of us in the House, given that police informants have this type of protection. It is common sense that an informant for CSIS should be afforded the same protections under the law as an informant for the RCMP. This amendment would be invaluable for the brave men and women at CSIS in their work keeping all Canadians safe. We know that human sources are instrumental in CSIS's intelligence-gathering activities. Protecting their identity in court would facilitate prosecutions, future operations, and the recruitment of sources.

To illustrate the necessity of this measure, let us discuss a hypothetical example. Let us say that an individual becomes aware of a radicalized person or people within their social circle who the individual believes may be planning a terrorist attack on Canadians. Let us say that this person does the right thing and informs authorities about these individuals. Then suppose CSIS establishes a relationship with this person, who agrees to become a human source for the service to protect Canada and our citizens. Again, for the sake of this argument, let us assume that this source begins informing on not just one but on 10 suspected terrorists, if there are more players involved. Let us imagine that one of these 10 targets tells this source that he or she plans to commit an act of terror in the immediate future. In a world where CSIS can protect its source's identity, the next step in this case becomes very simple. CSIS would inform the RCMP of the imminent threat, and the RCMP would leverage the human source's information, along with other available evidence, to lay charges against the terrorist or suspected terrorist. The human source would then continue to gather evidence on the other nine individuals.

Now let us consider the decision-making process if CSIS cannot protect the identity of that human source. First, disclosing the source's identity in court would put that person at risk of retribution from the associates related to that one individual. Second, CSIS would lose the source's future value against the other nine individuals under investigation.

Our intelligence authorities cannot control the rate at which investigations proceed. It may very well be the case that the threat posed by the group of nine individuals is greater than the immediate threat posed by the lone wolf. However, if they do not have enough information to prosecute all 10, the service must make a choice: leverage a human source's information to arrest one individual who may pose an immediate threat, or wait and continue investigating a potentially larger and greater threat to Canada.

I do not think CSIS should be asked to make that choice, and I do not think Canadians across this country would expect it to. That is why I support this common-sense reform. Furthermore, I do not believe that this infringes on privacy rights or the right to a fair trial, as a judge may force the crown to disclose a source's identity if this is crucial to proving the innocence of the accused.

The other issues in this bill are, I would argue, also easy decisions. There are several proposed amendments that confirm CSIS's ability to operate abroad. This merely provides clarity in law to support CSIS's presence abroad. This is both timely and appropriate, as we know that there are individuals outside of Canada's borders who seek to do us harm here in Canada.

The terrorist threat knows no borders. We should not make our security agencies fight this threat with one hand tied behind their backs, let alone two. I am supportive of allowing CSIS to pursue warrants against Canadians abroad. This measure is particularly timely given that we know that approximately 145 Canadians have travelled abroad for terrorist purposes. CSIS should have the ability to seek warrants against these individuals and to monitor them, regardless of where their location might be. This is an important operational tool that we can provide to CSIS without hindering an individual's privacy, as CSIS will still require a warrant from a judge to use intrusive investigative techniques. I just want to reinforce that: CSIS would need a warrant from a judge.

Finally, this bill would provide anonymity to all CSIS employees who may become engaged in covert activities. Currently only CSIS employees who are engaged in covert activities are afforded anonymity before the courts. CSIS analysts and trainees are not protected and could have their identities disclosed in open court. One can imagine that this would jeopardize its employees' utility in future operations.

Providing anonymity to employees of an intelligence agency makes all the sense in the world. I do not believe for a single minute that this measure would impact the privacy rights of Canadians.

All the measures proposed in this legislation would enhance CSIS's ability to do its job effectively and efficiently. These are key to enabling CSIS to protect Canadians from those who seek to do us harm, whether it is here in Canada or abroad.

I am proud that our Conservative government has brought forward common-sense reforms while respecting the rights and freedoms that make this country so great. I encourage all members of the House to support this common-sense legislation.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I am pleased to be here today to speak to very timely and important legislation. The protection of Canada from terrorists act is a critical bill that would enable us to do what is fundamental for any government to do, and that is to protect its nation and citizens. That is why we are taking part in the coalition that is currently conducting air strikes against ISIL and supporting the security forces in Iraq in their fight against the terrorist scourge of ISIL.

However, not all terrorism occurs abroad. Indeed, the global terror threat hits close to home, especially for members of Parliament and those in Ottawa, as well as our Canadian Forces members in Quebec. Our thoughts and prayers are with the families of Patrice Vincent and Nathan Cirillo. The families and friends of these Canadian heroes know painfully well that we face the very real threat of terror here at home.

As the Minister of Public Safety has stated, we will not overreact in response to recent terrorist attacks, but it is also important that we not under react to threats against us. We know we are not overreacting when just this past week a leader of ISIL called for “volcanoes of jihad” against Canada and our allies. We are taking these threats seriously and have joined our allies in actions that are degrading ISIL's capabilities.

As the Prime Minister stated last Friday, our military fight is with ISIL. Because of the real and present danger of ISIL, we have brought forward balanced and clear measures that would strengthen the tools available to the law enforcement community in areas of surveillance, detention and arrest.

The protection of Canada from terrorists act is the first reasonable step in our efforts to do that. We are working diligently to strengthen tools available to the law enforcement community.

Why is this necessary? Recent court decisions called into question the role of our law enforcement agencies and invited the government to respond. As reasonable and transparent legislators, we brought forward legislation that would clarify the roles and activities of our law enforcement agencies that track and monitor terrorists abroad. While opposition members will argue that it is not necessary, or complain that we are overreacting or overreaching, we know there is nothing more risky than losing track of terrorist threats. Once they are in the wind, or even back in Canada, we are at a greater risk.

Canadians can know this about our government. When law enforcement agencies require additional tools to keep Canadians safe from terror threats, we on this side of the House will respond. We will give them the tools they need. We will not apologize for it and we will not support doing nothing. We will not defend inaction with fancy language about privacy and claims that we should protect the privacy concerns of terrorists over the safety of our Canadian citizens.

Safety and privacy are not competing interests. Canadians know this. Without security, we would not have the privilege of privacy. Our government has confidence in our national security agencies. The men and women of our national security agencies are working overtime, and around the clock, to keep Canadians safe.

It is not only our security agencies that our protecting us here and abroad. On November 11, we commemorated the sacrifices of the many Canadian heroes who have fought to keep us safe for the freedoms we hold dear.

We live in a dangerous world. We are not immune to the threats that our allies face. For this reason, we continue to stand shoulder to shoulder with our allies against the very real threat that ISIL poses. I am proud of the Canadian Forces for their concerted efforts to degrade ISIL and maintain the security of Canadians. I am thankful they are working diligently to eliminate these threats so Canadians at home and abroad are safe.

Our government remains focused on ensuring the safety and security of Canadians. The crucial role that our security and intelligence service plays in keeping Canadians safe cannot be overstated. We will continue to equip the brave men and women, who put their lives on the line to protect Canadians, with the tools they need to address terrorism in an increasingly dangerous global environment.

Another key piece of the protection of Canada from terrorists act is early implementation of the revocation of citizenship provision from those who are convicted of terrorism, spying or treason, found in the Strengthening Canadian Citizenship Act. We passed this legislation, which will strip the Canadian Citizenship from dual nationals who engage in acts of terrorism of fight against the Canadian Armed Forces, in order to protect Canadians. The Liberals and the NDP voted against the bill, and that is a shame.

We then passed the Combating Terrorism Act and introduced Canada's first counterterrorism strategy, a four-pronged approach to prevent, detect, deny resources and respond to terrorist activity and threats. This legislation has already led to criminal convictions. Again, the NDP opposed these common sense measures.

The new provisions in Bill C-44 would enable the Minister of Citizenship and Immigration to revoke Canadian citizenship from dual citizens who are convicted of terrorism, high treason and treason or spying offences. This action would reinforce the high values of citizenship to ensure that dual citizens who had been convicted of terrorist acts would not continue to benefit from Canadian citizenship.

These measures demonstrate our Conservative government's continued commitment to do what is necessary, within the law, to prevent terrorists and violent extremists from carrying out vicious attacks against Canadians.

Bill C-44 is important because it is legislation that would provide the necessary tools for law enforcement to do the job it does now. a job it needs to do.

I cannot imagine being asked to come to Ottawa as a member of Parliament and not being afforded the tools to do that job effectively. My constituents would not be well-served if I were not given the tools to do the job.

In the same way, we know Canadians will be safer and more secure if law enforcement is able to do an effective job, and not just any job, the job of tracking terrorist threats, ensuring that witnesses are safe and ensuring that threats to Canada are not allowed free rein to strike fear in our communities.

As we continue to debate the legislation, I hope all members of the House will carefully consider this important legislation and will join me in supporting our law enforcement agencies and pass the protection of Canada from terrorists act.

[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.

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.

Bill C-44—Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I move:

That, in relation to Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in tum, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-44—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I must advise that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at a future sitting motions to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stages of the said bill.

Protection of Canada from Terrorists Act

[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.