Bill C-44 (Historical)

Protection of Canada from Terrorists Act

An Act to amend the Canadian Security Intelligence Service Act and other Acts

This enactment amends the Canadian Security Intelligence Service Act to give greater protection to the Canadian Security Intelligence Service’s human sources. Also, so as to enable the Service to more effectively investigate threats to the security of Canada, the enactment clarifies the scope of the Service’s mandate and confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. In addition, it makes a consequential amendment to the Access to Information Act.
The enactment also amends the Strengthening Canadian Citizenship Act to allow for the coming into force of provisions relating to the revocation of Canadian citizenship on a different day than the day on which certain other provisions of that Act come into force.

Protection of Canada from Terrorists Act

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

Mr. Speaker, I would like to thank my colleague from Saint-Jean for his question.

I know that these incidents have had a direct impact on the people that he represents and that this has been a very tough time for him. It is an extremely sensitive subject and for that reason, I thank him for asking that question in the House. I believe that this is an extremely important topic.

That brings me to the fact that the Conservatives are using these incidents to promote the idea that bills like Bill C-44 are very important.

We need to talk about this for the good of the people that we represent. If we do not look at the specifics of the bill and do not talk about exactly what it contains, people will not know. They will think that Bill C-44 is about CSIS and that it will actually have an impact should other other similar incidents occur.

My colleague from Saint-Jean is completely right: this bill has nothing to do with those incidents. It is sad that the Conservatives are using those incidents to promote this type of bill, which ultimately does not have the proper focus.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I would like to thank my colleague from Alfred-Pellan. I especially want to thank her for explaining what happened in committee because we are not necessarily privy to what happens at every meeting. She spoke of the abysmal process in committee.

That reminds me, for example, of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, where the deposition of the minister who appears before the committee is considered to be that of an actual witness, whereas in reality it is just the minister's statement.

I am pleased that she explained this flaw in the system and the Conservatives' use of this absolutely dishonest method.

I also thank her for reminding us that Bill C-44 was drafted before the incidents that took place in Saint-Jean-sur-Richelieu and elsewhere.

That incident directly concerns my riding and so I would like the member to remind us that Martin Couture-Rouleau, who was dealing with mental health issues, was already being monitored by the RCMP. He was assessed just a few months before he committed this crime. In the assessment, the RCMP concluded that he was no longer a threat.

Can my colleague explain how amending a law that governs CSIS would not have prevented this tragedy or changed it in any way? In fact, this person was already being monitored, he had been assessed and the assessment had concluded that he was no longer a threat.

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

Mr. Speaker, I appreciate this opportunity to participate in the third reading debate on Bill C-44. Bill C-44 was introduced shortly after the events of October 22, 2014, which shocked us all.

I know that this bill was not a response from the government to those events, something that was not clear in the speech that my colleague just gave. It seemed like he was saying that it was a response to the attacks that took place in Saint-Jean-sur-Richelieu and Ottawa, but it was not. Bill C-44 had already been drafted well before those attacks took place. This bill is therefore not a response on the part of the government.

We expect better answers from the Conservative government on what it wants to do to combat terrorism today. There was talk of an announcement around noon. We are anxious to see whether the government is going to present a balanced approach. I am still holding out hope.

With regard to Bill C-44, which is before us today, I would like to say from the outset that the official opposition, the NDP, is going to oppose this bill at third reading. I will try to explain why in my remarks.

I have a few things to say to my colleagues opposite after listening to their speeches. I noted a few things that they said. The sad thing about Bill C-44 and the pressure that the government is putting on the Canadian Security Intelligence Service is that the government would have us believe that giving CSIS more power is a good thing. It would be if the government also gave the agency the resources and tools it needs. However, unfortunately, the Conservatives decided to go it alone and did not hold the necessary consultations on Bill C-44. There has also been talk about a balance between public safety and civil liberties, something that we do not see at all in Bill C-44.

The whole national security context is undergoing rapid changes. The nature of the attacks we are facing has changed, and in general, the attackers are not the same either. The problems are changing extremely quickly, particularly because of the new tools that terrorists have and their access to social media.

This brings me to the issue of resources within the Canadian Security Intelligence Service. This is a fundamental part of the problem, but the Conservatives refuse to address it. All departments have been affected by austerity measures over the past few years. For example, cuts totalling over $100 million have been made to the Department of Public Safety. In 2012-13, cuts totalling about $15 million were made to CSIS.

When my colleague talks about striking a balance between security and civil liberties, I also think about the fact that the inspector general of CSIS position was scrapped, even though it was crucial to accountability at CSIS. That was not done in 2012-13, but because of cuts totalling around $24.5 million that will be announced in future budgets, it will be done in 2014-15. That was an extremely important position that helped balance civil liberties and national security.

In addition, we were disappointed to hear about some questionable spending, to say the least and to avoid unparliamentary language, by Michel Coulombe, the director of the Canadian Security Intelligence Service.

Here is just one example: during a trip, the director of CSIS actually spent over $750 on a hotel room for one night—this at a time when we are in the middle of an austerity program and his agency is suffering significant cuts. This kind of behaviour is unacceptable. The director of CSIS is spending more on himself right now than the Minister of Public Safety. It is totally unacceptable to see taxpayers' money spent like that. What are we hearing from the Conservatives right now? Nothing, radio silence. They have no response when we ask what will happen next. Will the director of CSIS be reprimanded for misusing public funds? We still do not know.

As far as Bill C-44 is concerned, many things were discussed in committee. In fact, I will come back to what happened, but to give my colleagues a sense of what is in Bill C-44, I would add that it does nothing to improve civilian oversight of CSIS, as promised. As the official opposition, we thought it was an excellent opportunity to correct the situation and work together to ensure that the government kept its promise and did more for civil liberties while sorting out the existing problems at CSIS.

Unfortunately, all of our amendments to that end were rejected. In fact, I will go even further: all the amendments that the official opposition, the third party and other members of the House proposed at the Standing Committee on Public Safety and National Security were rejected by the government. That is absolutely unacceptable after members said they would try to work together, especially at such an important stage as review in committee, where witnesses give extremely important opinions.

I was also shocked by something else. This bill is only six or seven pages long, which is not very long. Under the Conservatives we have become accustomed to seeing bills that are often 100 or so pages long, so five or six pages is not very much. However, the Conservatives managed to create an omnibus bill out of those pages. I commend them. That is quite a feat. Bill C-44 affects not just CSIS, but also part of the Citizenship Act, which has nothing to do with what we are interested in here, namely the Canadian Security Intelligence Service.

In fact, the Conservatives are playing petty politics. They passed legislation concerning the Citizenship Act and they want that legislation to come into effect sooner than they planned. They therefore included a provision in Bill C-44 to make the legislation they introduced come into effect sooner. In fact, no one in the House except for them agreed to that. This is absolutely unacceptable and illogical when we are dealing with something as important as our public safety and national security.

This brings me to the work in committee in general. We moved 12 very reasonable amendments to this bill. A number of expert witnesses were behind us. Our proposed amendments were mainly based on the evidence provided by experts to the Standing Committee on Public Safety and National Security and also that of groups of stakeholders that we managed to meet with over what I must say was a short period of time. In fact, Bill C-44 was rushed through committee very quickly. The number of hours of debate in the House of Commons was reduced, as often happens with this government, and we did not have many committee meetings. There were only two meetings where we were able to listen to witnesses and experts. The Minister of Public Safety and Emergency Preparedness, the director of CSIS, Michel Coulombe, and stakeholders associated with the minister and the director attended the first meeting. That left us with only two hours to question witnesses and experts not directly associated with the government.

As for the work in committee, I must say that the Conservatives allowed us to invite only a small number of witnesses. Clearly, you cannot have a large number of witnesses in two hours, but we had very limited time.

The committee did not hear from a lot of witnesses, and most of the witnesses came from the Conservative government. As a result, we heard very little from people who were not from the government side. This made the work very difficult because I would say that over the course of an hour, we had about six witnesses at once. This prevented us from really going into great detail on Bill C-44. The government had told us that we would all work together, that we would develop a good bill and come to a unanimous consensus on something. Unfortunately the government disappointed us yet again.

We voted in favour of this bill at second reading because we wanted to send it to committee. We thought that the Conservatives were serious about Bill C-44 and that they truly wanted to work together and put partisanship aside. There is no place for partisanship in discussions on public safety and national security or in discussions on civil liberties, when we are talking about CSIS.

It is sad to see that the government has disappointed us yet again and that we were not able to work together to create the best bill possible. Because the bill before us is not the best it could be, I want to talk about its constitutionality.

I asked the Conservative member who just spoke on Bill C-44 whether they had received legal opinions confirming that the bill is well and truly constitutional. He managed to evade the question just as well as the Minister of Public Safety and all the people who dealt with this bill. No one was able to offer any legal opinions to prove that this bill was constitutional.

This is therefore highly likely to be yet another bill that ends up before the courts in a test of its constitutionality. If that happens, millions of taxpayer dollars will be spent on something that could have been taken care of before the bill was introduced. The government is being irresponsible by introducing bills that it does not know for sure are constitutional. When we are trying to address public safety in the current global context, it is a very bad idea to introduce something that is not constitutional and that will probably be unusable until its constitutionality has been proven in court. This is extremely disappointing.

I talked about what is in Bill C-44. I would like to go back to that because I want to make one very important point about something in it. Bill C-44 contains one very important clause that will make significant changes to the Canadian Security Intelligence Service, namely with respect to the protection of all the sources listed.

Bill C-44 ensures full protection of identity for all of CSIS's human intelligence sources. Those of you who know a little bit about the Canadian Security Intelligence Service will see that that is a very good thing: people doing secret work on the ground and sources will be protected. That is very important, and it is already being done. Sources involved in sensitive and delicate cases are already being protected. At any time, on a case-by-case basis, judges can already protect CSIS sources.

Under Bill C-44, all employees who are currently working, used to work, or may someday work for CSIS can be protected. That might seem right on the surface, but here is what is changing: this is directly related to what the government did not do, to the balance between public safety and civil liberties.

Should CSIS end up in court for criminal proceedings, CSIS human sources may well have to testify, if necessary. Legal experts have expressed concern that full protection of identity for human sources will make it more difficult to test CSIS evidence in criminal cases, which may create obstacles to the successful prosecution of those involved in threats to national security on the basis of CSIS information.

The ability of the accused to confront their accuser and to test evidence in court is a fundamental part of Canadian criminal law.

This will add complications, as it will require a separate process in Federal Court. This unnecessarily complicates many things. We can protect sources working on extremely important investigations on a case-by-case basis. This measure is then a rather grandiose way of protecting a lot of people at the head of CSIS.

After the events in Ottawa and the attacks on Charlie Hebdo or in Australia, a few weeks ago, people are worried and expect Canadian parliamentarians to work together to find the right solutions to national and international security problems. They expect us to work with our counterparts around the world to find tangible ways to deal with radicalization and terrorism.

Unfortunately, partisan measures and a box full of unnecessary tools are not going to be the solution. There are concrete ways to address radicalization and terrorism. First of all, we need to give more resources to people on the ground. Huge cuts are being made to important programs. For instance, the Conservative government did not renew the $400 million that used to go directly to police forces in Quebec. One of the things they used that funding for was to tackle the problem of radicalization in our street gangs. This is extremely serious.

In recent months, police forces have been telling us that they are seeing people become radicalized, but they do not have the resources to do anything about it. It is all well and good to give them a nice, big tool box, but if they do not have the personnel needed do something with it, it is pointless. We are not tackling the problem directly, and that is extremely serious.

We can also address radicalization and terrorism by working on the ground with people from certain communities, regardless of their nationality and their field of work. However, this government has never included this solution in any of its bills or plans. We need to look at what is happening on the ground and understand the needs that exist in order to come up with a consensus. The Conservative government does not do that.

I am very disappointed in this bill, which has many flaws and is probably unconstitutional. It does not improve civilian oversight of CSIS and only introduces measures to further protect CSIS when it finds itself in hot water.

I would like to stress how very disappointed I am, because I wanted to give the government the benefit of the doubt. Following the events that shocked us all, I thought we would be able to agree on a positive measure that would still allow us to preserve civil liberties. It is our duty as parliamentarians to ensure the public safety of the communities and people we represent.

Unfortunately, the official opposition cannot support this bill because of how it was put together and the blatant lack of consultation of experts and communities. I am saddened to see that we have once again been presented with an omnibus bill and, even worse, that the RCMP, the Canada Border Services Agency and CSIS employees are not being given the resources they need to address the real problem of radicalization. Their budgets keep getting cut, which decreases the number of employees on the ground who could do the work and properly use the tools.

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

Mr. Speaker, I thank my colleague opposite for his speech. We have frequently worked together as members of the Standing Committee on Public Safety and National Security. Even though we have often disagreed about various bills, we have always preserved a sense of collegiality in the committee.

During meetings of that committee, whether attended by witnesses and experts or private citizens, people had lots of questions. There is one question in particular that the government never answered; it was about the constitutionality of Bill C-44. We repeatedly asked the Minister of Public Safety, his parliamentary secretary and his colleagues on the opposite side of the House whether they had received any legal opinions confirming that Bill C-44 is well and truly constitutional because we do not want to end up debating the constitutionality of a bill before the Supreme Court yet again.

Can my colleague across the way tell me for sure whether Bill C-44 is well and truly constitutional?

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I am pleased to rise today to speak about the protection of Canada from terrorists act. This is an important bill that would allow our government to move forward on our commitment to keep Canadians safe from terrorist threats.

The international jihadist movement has declared war on Canada and her allies. That is why our government has committed the Canadian Armed Forces to the broad international coalition against the so-called Islamic State. No Canadian government should ever stand on the sidelines while our allies act to deny terrorists a safe haven, an international base from which they could plot violence against us.

Recent events of terror around the globe, and particularly the two tragic attacks last October in Quebec and Ottawa and the recent attacks in Paris, have pushed this issue to the forefront of the government's agenda in a way never before seen in Canada's history. It is now abundantly clear to all Canadians that terrorism is no longer a threat in a faraway land. We must degrade and destroy the terrorists before they bring their barbaric, violent ideology to our shores.

In light of the atrocities carried out by the Islamic State in Iraq and the Levant, ISIL, and the deteriorating situation in Iraq and Syria, the world is rallying against the threats of violent extremism. That is why we have introduced the protection of Canada from terrorists act. Now, more than ever, we must ensure that CSIS can undertake its work as it was originally intended by Parliament.

While this legislation is important, it is not lengthy or complicated. In fact, the proposed amendments are targeted and common sense. However, any time a government introduces legislation concerning national security, there are those who raise concerns, which can lead to misunderstanding. As a result, there has been some confusion about what this legislation would do.

Allow me to start with what it would not do. It would not, as some have suggested, hand broad, sweeping powers to CSIS. Just as importantly, it would not create new authorities or infringe on the rights of Canadians. We have been abundantly clear on these points. With this legislation, as with all bills that have passed through the House, our government has worked diligently to strike a proper balance between public safety and civil liberties.

Thirty years ago, when the CSIS act was passed, the Parliament of the day ensured that this balance was adhered to in the authorities given to CSIS. That is why the act put in place robust safeguards, oversight, and review mechanisms to ensure that CSIS's investigative work is done with full respect of its governing laws.

As we know, Bill C-44 responds to court decisions that are having a significant impact on CSIS operations. Before I go into the provisions of the bill, I would like to provide some context on these decisions and why they necessitate the amendments before us today.

Just last fall, the Federal Court of Appeal unsealed its July 2014 decision related to the government's appeal of Justice Mosley's decision that was issued by the Federal Court in November 2013. This decision has raised important questions about certain aspects of CSIS's mandate and investigative authorities, particularly in relation to CSIS's ability to conduct investigations outside of Canada.

It is self-evident that Parliament always intended CSIS to be able to take reasonable and necessary measures to investigate threats to the security of Canada outside of Canada. The protection of Canada from terrorists act introduces targeted amendments to the CSIS act to ensure that CSIS can continue to do just that and do so in a manner that is consistent with relevant Canadian law, the Charter, and Canadian values.

To start, the bill would confirm CSIS's authority to conduct investigations outside of Canada related to threats to the security of Canada and security assessments. At the same time, the bill would also confirm the authority of the Federal Court to issue warrants authorizing CSIS to undertake certain intrusive activities outside of Canada, and it would give the Federal Court authority to consider only relevant Canadian law, primarily the CSIS act and the Charter of Rights and Freedoms, when issuing warrants for CSIS to undertake certain intrusive activities outside of Canada.

Why are these amendments important? It is because threats to the security of Canada do not stop at our border. Many threats, in fact, may develop entirely outside of Canada.

In order to fully investigate these threats, CSIS must be able to use intrusive investigative techniques outside of Canada, and it must have a clear means to obtain authorization to do so. The Federal Court of Appeal effectively found that, as currently written, the CSIS act may require CSIS to demonstrate that its activities will be lawful in the country where the activity will take place. This is not a reasonable threshold to require CSIS to meet. CSIS, and indeed the Federal Court, cannot reasonably expect to track the legislation of all 170 countries in the world to determine which kinds of activities are lawful in those countries and which ones are not. It is also unreasonable because subjects of investigation move around from country to country and CSIS cannot reasonably be expected to predict to which countries a subject of investigation might travel. It is clear that Parliament did not intend CSIS to meet such a threshold when it originally passed the CSIS act, and neither should we here today.

Just to re-emphasize the fact that CSIS must have a clear authority to conduct investigative activities outside of Canada, let me say this. At a time when we are witnessing Canadians travelling abroad to take part in terrorist activities, we simply cannot have ambiguity or questions about CSIS's authority to take reasonable steps outside of Canada to investigate the threat to the security of Canada that they may pose.

Turning to the second court decision affecting CSIS operations, in May 2014, as part if its decision on Mohamed Harkat, the Supreme Court of Canada stated that CSIS human sources do not benefit from a common-law class privilege similar to the informer privilege applicable to police informants. While this does not necessarily mean that these CSIS sources will be revealed during court proceedings, it has weakened CSIS's ability to provide human sources—a critical source of information for CSIS—with a credible assurance that their identity would be protected. The implications of this are serious, as those human sources may decide not to provide CSIS with information that could be vital to an investigation of a terrorist threat to Canada. To address this issue, the bill provides that the identities of CSIS human sources would be prohibited from being disclosed in legal proceedings.

However, it is worth noting that this is subject to certain exceptions to preserve the right of Canadians to fair legal proceedings. To this end, the legislation includes three measures under which this protection could be lifted.

First, the human sources could, of their own accord, agree to the disclosure of their identity in court, subject to the consent of the director of CSIS.

Second, parties to the proceedings could ask a judge to make a ruling regarding the human source. For example, is the individual in fact a human source, and could the information in question actually reveal the identity of the human source?

Third, in criminal proceedings, defendants and any other party to the proceedings would be able to ask a judge to declare that the disclosure of the identity of a human source or information from which their identity might be inferred is essential to establish the innocence of the accused.

More important, these amendments would not in any way interfere with the ability of judges to take other measures to ensure the fairness of legal proceedings beyond revealing the identity of a CSIS human source. Judges also have broad discretion to determine the weight to give to information provided by CSIS human sources in legal proceedings. The proposed amendments would not affect this discretion in any way.

The protection of Canada from terrorists act would also make technical amendments to the Strengthening Canadian Citizenship Act. These amendments would allow earlier implementation of provisions that ensure that dual citizens who have been convicted of terrorist acts and sentenced to a prison term of at least five years would not continue to benefit from Canadian citizenship.

The amendments that our government has proposed through the protection of Canada from terrorists act are reasonable, necessary, and consistent with the values of Canadians. The Federal Court of Appeal and decisions from the Federal Court have raised important questions about CSIS's mandate and investigative authorities, and the Supreme Court of Canada's decision has weakened CSIS's ability to protect the identity of human sources.

Parliament must respond to these decisions by affirming CSIS's existing authority to conduct investigative activities outside of Canada, clearly stating that the Federal Court does have jurisdiction to issue warrants for activities outside of Canada, including certain intrusive activities that may be unlawful in the jurisdiction where they would take place, and stating that Parliament wishes the identity of CSIS human sources to be protected from disclosure in legal proceedings, subject to certain exceptions.

CSIS would, as always, continue to be required to obtain judicial authorization to undertake certain intrusive investigative techniques in relation to Canadians, and also remain subject to robust review by the Security Intelligence Review Committee, CIRC, which has access to all information in the possession of CSIS, except cabinet confidences.

CIRC's powers of review are among the most far-reaching of any body reviewing any intelligence agency in the western world. I believe that these amendments are critical to ensuring safety and security of Canadians.

Canadians expect us to ensure that our law enforcement and national security agencies have the tools to keep them safe. That is why we have trusted our Conservative government to deliver on these important issues. Unlike the NDP, whose leader has refused to call the atrocities that occurred in late October a terrorist attack, we have taken strong action, except when he asked for 24-hour, 7-day-a-week police protection.

I have a question for the NDP leader, and perhaps some of his colleagues could answer me today. If what happened in this place was merely caused by a drug addict who was mentally unstable, why did the NDP leader demand additional RCMP security? I can tell him why. It is because, despite his leftist rhetoric, he knows that there is a real and present terrorist threat.

I was pleased to see earlier this week that the Liberals have finally adopted our approach on national security. Hopefully they have rejected their ill-advised approach of looking for the root causes of terrorism, as their leader suggested after the bombing at the Boston Marathon. I can tell the Liberals exactly the root cause of terrorism in plain language that all Canadians can understand. The root cause of terrorism is terrorists.

I hope all members will join me in supporting this very important legislation.

The House resumed from January 28 consideration of the motion that Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, be read the third time and passed.

Business of the House

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

Mr. Speaker, let me first say happy new year to my counterpart and all hon. members.

We are back in Ottawa for another hard-working, orderly, and productive sitting of the House of Commons, a sitting in which our respective parties' policies and plans will be debated. Only one party, though, has a plan that will benefit all Canadians, and that is the Conservative plan to create jobs, keep taxes low, and keep our communities safe from crime and the threat of terrorism.

This afternoon we will conclude debate on the Liberal opposition day motion.

Tomorrow we will wrap up debate on Bill C-44, the protection of Canada from terrorists act, at third reading. This bill is the first step in our legislative measures to ensure that our law enforcement and security agencies have the tools they need to meet evolving threats.

The other part of our program to counter that terrorist threat is a bill that will be introduced tomorrow. It will be called for second reading debate during the week after our upcoming constituency week. That should allow all hon. members an opportunity to study these thoughtful, appropriate, and necessary measures and to hear the views of their constituents before we start that important debate.

Before we get to that constituency week, though, there is one more sitting week. On Monday, we will debate the NDP's pick of topic, on the third allotted day. Before question period on Tuesday, we will start debating Bill C-50, the Citizen Voting Act. After question period, we will return to the third reading debate on Bill C-21, the Red Tape Reduction Act, which will help ensure job creators can focus on what they do best, not on government paperwork.

Wednesday and Friday of next week will be dedicated to Bill C-32, the victims bill of rights act. This bill would put victims where they belong: at the centre of our justice system.

Finally, next Thursday will be the fourth allotted day, when we will again debate a proposal from the New Democrats.

Report Stage

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, this speaking time I have been given allows me the opportunity to share my initial thoughts on the routine nature of the government's surveillance activities. Why routine? It is simple. In the past few years, we have been introduced to a number of government initiatives that would allow the government to intrude into Canadians' private lives. It has become recurrent, hence the routine nature. It has become so routine that even in the north, environmental activists came to see me recently for some legal and political advice on the chances of their being investigated and followed simply because of their actions during demonstrations and their environmental activism. Slowly but surely, Canadians have become paranoid. In a way, that paranoia is justified and has been fuelled by these initiatives that have been gradually introduced over the past few years. I have seen a number of them, and this bill, this initiative before us today, is no exception.

Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, contains amendments that will considerably enhance the power of our intelligence agencies to act abroad in the context of investigations related to threats to Canada's security.

I will now stress that certain isolated incidents are hastily labelled as terrorist acts so that they can be fitted into a narrative to instill fear in the population for electoral purposes.

I will provide a very simple example of an event that was hastily labelled an act of terrorism. The day after the October incident in the House of Commons, I was invited to a televised debate at a television station. I was accompanied by a Liberal colleague and a Conservative colleague. The Conservative colleague did not hesitate, at every turn, barely 24 hours after the incident, to label it terrorism. He already had speaking points, a prepared and spoon-fed message. It was already deemed an act of terrorism.

We should also realize that although there was media hype and biased reporting by some media, one English newspaper reported the information a few days later and mentioned that the person who had gone to Parliament Hill with a hunting rifle was first and foremost a drug addict. I think that should be mentioned. In fact, he was a crack user. Crack is a crystallized form of cocaine that is made using ammonia.

This is my bailiwick. At the risk of repeating myself, as hon. members know, I am a criminal lawyer and I worked mainly with mental health-related cases. The vast majority of my clientele was made up of hard drug users. They can be unpredictable at times. During a court appearance, a client might decide to sing, cry, shout or utter threats. Even judges in our legal system are used to seeing that. When you see thousands of people like that in a single year, you start to get used to it. When a client like that is put on trial, the defence lawyer will often tell the judge that he thinks that his client is currently in a fragile state of mind and that he is not necessarily in full possession of his faculties. The lawyer then suggests that the hearing or trial be postponed for a few days to give his client enough time to come back down to earth, because he will utter threats to everyone and he is currently aggressive. It often takes a number of police officers to control these people. Clients on freebase, or crack, are hard to control.

Accordingly, regardless the individual's allegiance, origin, or even religion, he was above all a hard drug user who had mental health problems. I think we also have a societal duty, because the individual is in very good company. I have been in Ottawa for four years, and I have seen that there are countless hard drug addicts. A few minutes' walk from Parliament Hill, in front of the shopping centre, you will see people selling crack in front of McDonald's in broad daylight. Young people can see this go on all day long. Hard drugs are being sold near Canada's Parliament. We have seen situations like what happened here, where an individual blows a fuse—if I can put it that way—and decides to wave a shotgun around in public.

We have seen others in Ottawa. It is not limited to this city. You can see this kind of thing everywhere. However, a distinction needs to be made here.

Rather than talking about terrorism, we should be talking about addiction to hard drugs and mental health. That is a lot more relevant. People living in Ottawa who see that on a regular basis will probably agree. This is a social problem.

What measures and resources would help drug addicts? The media reported that the individual in question used a shelter not far from here and that he was in contact with other drug addicts. This is a societal issue that deserves a little more thought than labelling something terrorism 24 hours later.

The Conservatives have used recent events to justify giving the Canadian Security Intelligence Service more powers. They claim that this bill is necessary to prevent terrorists and violent extremists from carrying out attacks in Canada.

Still, we should consider the warning that Justice Iacobucci issued about the spillover effects that rushing to expand police powers can have on freedom of religion, freedom of association and freedom of expression; the possible tainting of Canada's Muslim community; and the risk of overreaching by the Canadian Security Intelligence Service when sharing information in a global fight against terrorism.

I just want to point out that Justice Iacobucci, a former Supreme Court judge, is studied in law faculties across the country. I studied him for six years, and he is highly respected. He says that there is a risk of tainting Canada's Muslim community because that information is sensationalized by media outlets of dubious repute just to sell copies. Some people try to blame everything bad in the world on the Muslim community, and because of Islamophobia, we end up with situations like the one going on in Sept-Îles right now.

There are not many Arabs or Muslims in my home town. There is one who is tyring to build a mosque, and a few times now, some misguided individuals have smashed the walls of his building. He was forced to put up a barbed wire fence. We are talking about the 51st parallel. It is -25 degrees Celsius there today. While conditions are already difficult for someone from the Middle East or the Arab world, he also has to put up with the fact that the local media and our own government are misinforming the population and trying to demonize that community. This is not good for Canadian unity or for the intellectual evolution of our country and our youth. We need to put an end to this kind of discourse.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I listened closely to the remarks by the member for Prince Edward—Hastings, who is also chair of the public safety committee. I enjoy working with him, and he did a good analysis of the various authorities that CSIS has.

I would say that he took a lot of liberty in his remarks about the Liberal leader's comments, and the things he quoted are simply not true. It does not do much for the integrity of the member or his party when they constantly misquote people in the House.

The question I want to raise with the member is a serious concern. As he knows, the Liberal Party will be supporting this bill. Wesley Wark, when he was before the committee, had this to say about Bill C-44:

Bill C-44 does not add any new provisions to the CSIS Act to ensure proper consultation between the service and its minister, the Minister of Public Safety, and the two departments most likely to be impacted by expanded CSIS overseas operations—the Department of Foreign Affairs, Trade and Development and the Department of National Defence.

Liberals proposed an amendment. With the additional protection of sources and the additional powers granted in this act for work overseas, does the member not see it as a problem if activity takes place by CSIS abroad that could impact our trade relationship or the Minister of Foreign Affairs? If CSIS folks are caught in illegal activities, or whatever, as a result of a warrant issued in Canada, does he not see the dangers that situation could cause, such as trade and diplomatic problems? Why not put into the act a requirement that consultation has to take place?

The House resumed from December 8, 2014 consideration of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts, as reported (without amendment) from the committee.

Bill C-44--Time Allocation.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, those were great remarks by the Minister of Public Safety. The problem is that the remarks do not relate to Bill C-44, on which the government has introduced closure. The bill he is talking about sounds to me more like the bill that may be coming on Friday.

This bill really does nothing to address the national security concerns that have been raised as a result of the Quebec activity, the incident in Ottawa, or what has happened in Paris. We expect that to be in a new bill. This bill basically brings into law some of the practices that CSIS is now utilizing and protects CSIS sources. What the minister is trying to put urgency on is not in this bill.

This is advice for the government. If the government would work with us at committee and seriously look at some of the recommendations and the amendments we make, take them seriously to improve the bill and allow us to bring in more than just a couple of witnesses to try to satisfy our needs, bring in witnesses with expertise, then it might find the opposition parties more accommodating. It would allow Parliament to operate like it is supposed to rather than running roughshod over the opposition parties with closure when it wants.

My key point, Mr. Minister, is the bill is not talking about the issues you have been talking about in response to the last questions. It is different from that.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, it is going to be a problem having the Senate act as a safeguard because of the number of empty seats at present.

First, I am going to correct the minister because he obviously has a short memory when it comes to the speech given by French President François Hollande in the House on November 3. Mr. Hollande absolutely did not say what the minister reported. He spoke about a terrorist-inspired attack, which is a very important nuance.

I hope that the minister will recognize that. I believe that the minister is twisting words in order to take a very simplistic approach to a very important debate.

The right of all Canadians to be properly represented in the House and to have a full debate on fundamental issues that will truly affect their lives is being violated for the 85th time.

Bill C-44 will profoundly change Canadians' ability to understand the extent to which secret activities are carried out and the consequences this will have. This could lead to very serious abuses.

Clearly, the minister is dismissing the concerns people may have about the consequences of actions taken by a government agency.

How can the minister once again justify this time allocation and the end of debate in the chamber that represents the people, the chamber of the truly elected, here in this Parliament?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, sadly, this is the 85th time that the government has invoked time allocation and closure.

We are now talking about a sad record that we hope will never be repeated in Canadian parliamentary history. Invoking time allocation and closure seems to be the only thing the government has been able to run up.

We have lost 400,000 jobs in the manufacturing sector. There has been a lack of respect for Parliament by the government. The government has managed to outdo the former Liberal government by invoking time allocation and closure 85 times, showing its lack of respect for Parliament, which so many Canadians are seeing.

Bill C-44, which is very controversial, heard only four hours of witness testimony in committee by experts who came forward and identified problems with the bill. Only a handful of members of Parliament have been able to speak to this bill and, already, after only a handful of speakers, the government wants to ram the bill through.

As we know, the government also has another record, having more recalls of bad pieces of legislation than any other government in Canadian history.

My question for the minister is very simple. Why does the government not get it right? Why does it not listen to experts, and look at and entertain the kinds of amendments that have been brought forward by members of the opposition? Why is the government always trying to ram through legislation that has controversial aspects and should be fixed?

Bill C-44—Notice of time allocation motion

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

Mr. Speaker, I am happy to step up to the plate and advise that an agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading 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 the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Business of the House

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

Mr. Speaker, I want to thank the hon. member for Burnaby—New Westminster for his last Thursday question of 2014.

Before getting to the business of the House, I hope you will indulge me a couple of moments to thank everyone for their hard work this year. As I said yesterday at a press conference, Christmastime is an appropriate point in the year to reflect on the months which have just passed.

Let me extend my thanks to all of the members' staff for the hard work and tireless efforts they put in—around here and in our constituency offices—for the cause of democracy. Without their help, our work would simply not be possible.

Mr. Speaker, as you know well, the last few months have posed a number of unique challenges around the House of Commons, but our clerks at the table have managed their way through in a sound and confident manner, all the while being short-staffed no less. However, we are looking forward to having a full team again in 2015 once our Clerk of the House of Commons, Audrey O'Brien, takes her familiar place at the head of the table.

Of course it goes without saying that everyone else around here who makes our lives easier, our work better and maintains our peace of mind deserves our hearty thanks, as we just demonstrated to one group in particular, those who provide security services.

However, I would like to single out another group in particular. I would like to take the opportunity to thank one group that works hard, often with little in the way of thanks in this place, and that being the parliamentary pages. Being a page is an extraordinary and special experience. To be able to spend a year here at such a young time in life—though nowadays it seems some can get elected to spend a year here at such a young age—is indeed a rare and special thing. The pages have been able to enjoy a particularly interesting, fascinating and dramatic first several months here. When they return home, which for many will be the first time since they began here, to their families across the country to share stories over the holidays, I think they will have more than usual eager audiences to hear their experiences and learn about their insights. I do look forward to seeing them refreshed when we come back, as I do everyone else.

Finally, Mr. Speaker, I would be remiss if I neglected to thank you and your three fellow chair occupants, and my fellow House officers for all their work this year. I wish one and all the very best for the holidays. It is fair to say that we really do have a hard-working, productive and orderly House of Commons.

As for the formal part of this statement, we will resume debate this afternoon on Bill C-32, the victims bill of rights act, at report stage and then, if we get there, Bill C-44, the protection of Canada from terrorists act, also at report stage.

Tomorrow we will complete the third reading debate on Bill C-40, the Rouge national urban park act.

As for the business of the House for the week of January 26 when we return, I will let my counterparts know through the usual channels as the return of the House nears.

Finally, I would like to conclude by wishing everyone a happy Hanukkah, a merry Christmas and a happy new year.