Anti-terrorism Act, 2015

An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.
Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.
Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.
It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.
Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,
(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-51s:

C-51 (2023) Law Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act
C-51 (2017) Law An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
C-51 (2012) Law Safer Witnesses Act
C-51 (2010) Investigative Powers for the 21st Century Act
C-51 (2009) Law Economic Recovery Act (stimulus)
C-51 (2008) An Act to amend the Food and Drugs Act and to make consequential amendments to other Acts

Votes

May 6, 2015 Passed That the Bill be now read a third time and do pass.
May 6, 2015 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) provides the Canadian Security Intelligence Service with a sweeping new mandate without equally increasing oversight, despite concerns raised by almost every witness who testified before the Standing Committee on Public Safety and National Security, as well as concerns raised by former Liberal prime ministers, ministers of justice and solicitors general; ( c) does not include the type of concrete, effective measures that have been proven to work, such as providing support to communities that are struggling to counter radicalization; ( d) was not adequately studied by the Standing Committee on Public Safety and National Security, which did not allow the Privacy Commissioner of Canada to appear as a witness, or schedule enough meetings to hear from many other Canadians who requested to appear; ( e) was not fully debated in the House of Commons, where discussion was curtailed by time allocation; ( f) was condemned by legal experts, civil liberties advocates, privacy commissioners, First Nations leadership and business leaders, for the threats it poses to our rights and freedoms, and our economy; and ( g) does not include a single amendment proposed by members of the Official Opposition or the Liberal Party, despite the widespread concern about the bill and the dozens of amendments proposed by witnesses.”.
May 4, 2015 Passed That Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
May 4, 2015 Failed
April 30, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 23, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
Feb. 23, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) was not developed in consultation with other parties, all of whom recognize the real threat of terrorism and support effective, concrete measures to keep Canadians safe; ( c) irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight; ( d) contains definitions that are broad, vague and threaten to lump legitimate dissent together with terrorism; and ( e) does not include the type of concrete, effective measures that have been proven to work, such as working with communities on measures to counter radicalization of youth.”.
Feb. 19, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than two further sitting days 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 second 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 turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:50 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, I think Ms. Vincent said it very clearly, because she feels very passionately about what is in the bill.

Let me outline some of the key details that are in the bill, all of which would have helped to make sure that these Canadian Forces members were still with us.

It makes a crime to advocate and promote terrorist attacks on Canadian soil illegal. It allows, with the approval of a judge, our police officers to detain terrorist suspects more quickly and for longer periods of time. That is a key item. It authorizes our security agencies to intervene against those plotting terrorist attacks, and to share security information, something they currently are not able to do.

It strengthens the passenger protection act, which is another component part of it, and it also allows our authorities to remove terrorist propaganda.

I would encourage the member opposite to read the bill. These are component parts that are extremely valuable to make sure Canadians are safe. That is why we are moving forward with this legislation.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I listened very carefully as the minister was attempting to explain why the government is all good. At the end of the day, I suspect that Canadians are not going to be fooled. The government has lost a wonderful opportunity to bring in sound, robust legislation to deal with the issue of terrorism in Canada and, at the same time, ensure the rights and freedoms of individual Canadians are being protected.

The biggest shortcoming, I believe, in this legislation is the issue of parliamentary oversight. The question I have for the member is related to that. It was not that long ago when the Conservatives were in opposition and the member for Mount Royal was the minister of justice. At that time, the member's colleague, the current Minister of Justice, supported parliamentary oversight. The Conservatives argued in favour of parliamentary oversight.

Canada is in an alliance known as the Five Eyes with the United States, England, Australia and New Zealand, all of which have parliamentary oversight. Can the member clearly indicate why the Prime Minister does not support parliamentary oversight when everyone else but the Conservatives seem to?

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:55 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, let me be very clear for the member opposite. Independent, expert, non-partisan oversight is the very best oversight for any of these organizations. That is actually what the parents in my riding talk about. They want independent, non-partisan oversight because they believe that is the fairest thing to do for Canadians and that is what they expect the Canadian government to move forward on.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:55 p.m.

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, after listening to the questions being asked by New Democrats, it is pretty clear that the only way they would support legislation is if we handcuffed our police and blindfolded CSIS. It is truly unfortunate that such misinformation has been pushed out from the opposition party on this particular bill. We are dealing with the very heart of our national security and the protection of Canadians.

The committee heard from credible witnesses on our side, some with more than three decades of experience in law enforcement intelligence gathering. The NDP side brought in people who basically said the sky was going to fall. In fact, some of the groups had appeared way back in the 1980s with regard to the first CSIS Act and, in 2001, on the first Anti-terrorism Act, all saying the same thing.

I am going to ask the minister if she could comment on whether she thinks the sky will fall, as it did not fall in the 1980s and certainly did not fall in 2001.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:55 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

As I said in my speech, Mr. Speaker, there is no liberty without security. Therefore, no, the sky is not falling over this. We are making sure that Canadians are safe and secure at home. That is what we are focused on. We are hopeful the opposition will actually step up and make sure that Canadians are safe here on Canadian soil, because that is exactly what this legislation would do.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 5:55 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, it is an honour for me to speak in the House today on Bill C-51. It is very important legislation that this House and the committee have been working on.

Canadians are worried about the threat the international jihadist movement poses to their communities and to Canada as a whole. The horrors committed by jihadi terrorists are well documented. We have all seen the pictures. We have heard the stories. We have read the articles. We know of the savage beheadings, of people being burned alive and being buried alive. We know that women are being raped, tortured, and enslaved. The list could go on.

These jihadi terrorists recognize no border, and if frustrated in their attempts to travel overseas to join the caliphate, they will seek to commit acts of terrorism right here in Canada. We do not believe in exporting terrorism, and that is why we need Bill C-51.

As Barry Cooper, from the Canadian Defence and Foreign Affairs Institute, put it:

So let us state the obvious: Bill C-51 is aimed at violent Islamic jihadi terrorists, and those are the persons against whom its provisions are to be enforced. The reasons are clear enough provided one makes reference to facts and events of the real world today.

Unlike their critics, the authors of Bill C-51 are sensible enough to have recognized the danger. However, the opposition members are insisting that politicians be handed control of oversight of our national security agencies.

As a sitting member of the committee for public safety and national security, I sat through the vigorous study of this act. Witnesses testified that we needed to enhance oversight of our CSIS review body. I am pleased that our government listened and heard those concerns and has responded.

Economic action plan 2015 proposes to provide up to $12.5 million over five years, starting in the 2015-16 fiscal year, and then $2.5 million ongoing thereafter in additional funding to the Security Intelligence Review Committee to enhance its review of CSIS.

While we would ensure that our national security agencies have the tools they need to protect Canadians from the threat of terrorism, we would also ensure that these practices are governed by an effective and transparent framework that protects the rights of individual Canadians. The fact is, budget 2015 will almost double the resources of the Security Intelligence Review Committee. Unlike the opposition, we believe that third-party, non-partisan, independent expert oversight of our national security agencies is a better model than political intervention in the process.

Justice John Major had this to say about the plan to inject politics into national security oversight: “I don't think Parliament is equipped as a body to act as an oversight...which is what is being proposed” by the opposition.

Clare Lopez, of the Center for Security Policy, said, “the use of an intermediary review committee rather than direct parliamentary oversight, has advantages”.

The truth is that the opposition members have been trying to force their way into politicizing national security oversight. The opposition is on record as saying that it is concerned that its social policies might attract the attention of our security intelligence establishment. As Ray Boisvert, former assistant director of CSIS, put it, “anybody who had an issue they'd like to protest [who thinks they] will now become a target of the security establishment.... I think you should not...flatter yourself to that degree”.

Justice John Major also confirmed this reasoning, saying, “citizens who are not validly under suspicion will not have some manufactured reason for their private lives to be interfered with”.

Professor Salim Mansur of Western University also added, “Bill C-51 in my reading is not designed to turn Canada into some version of Hobbes' Leviathan or Orwell's 1984, despite at times the fevered imagination of its critics”.

Canadians understand that freedom and security go hand in hand. They understand that our police and our national security agencies are working to protect our rights and freedoms, and that it is the jihadi terrorists who endanger our security. I could go on, but I believe I have made my point clear.

I would like to read a very descriptive quote from Tom Stamatakis, president of the Canadian Police Association, because I believe it is a good reminder in this debate that those who threaten our freedom and our liberties are not the police officers and the intelligence community tasked with protecting Canadians. Those who threaten our freedoms are the jihadi terrorists.

Mr. Stamatakis stated:

I would take issue with calls for oversight bodies to take a more active role in the operational nature of the jobs we entrust to highly trained and very accountable professional law enforcement, whether a police officer employed by a federal, provincial, or municipal agency or an intelligence officer employed by the federal government. Those who have criticized the Security Intelligence Review Committee for only providing “after the fact” oversight often underestimate how difficult real-time operational oversight can be to achieve, particularly in the context of a fast-moving investigation with very real public safety consequences.

He went on to further say:

Those criticisms also undervalue the often positive effect that ex post facto oversight can have on our industry. Identifying where inappropriate actions may have been taken or where different and more positive decisions could have been made is the very foundation of our services and the training and education that comes from those service reviews.

Mr. Stamatakis clearly makes the point that we have strong oversight that allows them to draw lessons from their experience and continually improve themselves.

As to why we need Bill C-51, I would like to quote Ms. Raheel Raza, president of Muslims Facing Tomorrow. She said that legislation is important to combat radicalization and that we need better tools to track jihadists who travel overseas. She went on to say that “unfortunately we are living in a post-9/11 world and times are such that personal information needs to be shared. That's the reality and I don't have a problem with it.” She said that the “larger picture is that of the security and safety of Canada.”

I believe this quote is very interesting because it mentions the larger picture here and why the anti-terrorism act is needed.

When we talk about the security and safety of Canada as parliamentarians, we should understand that this means ensuring the safety and security of our families.

We intend to continue to work to keep Canadians safe by ensuring our law enforcement agencies have the tools to do the job they need to do to combat the threat of the international jihadi terrorist movement.

As Tahir Gora of the Canadian Thinkers' Forum said:

The government's proposed Bill C-51, when passed by Parliament, shall help Canadian Muslims to curb extremist elements....

The world is a dangerous place, as was most brutally demonstrated by last October's attacks in Ottawa and Quebec, and Canada is not immune to the threat of terrorism. The proposed legislation would provide Canadian law enforcement and national security agencies with additional tools and flexibility to keep pace with evolving threats and to better protect Canadians here at home.

We are ensuring our law enforcement and national security agencies can counter those who advocate terrorism, prevent terrorist travel, and the efforts of those who seek to use Canada as a recruiting ground. We are also making sure that our law enforcement agencies can prevent and disrupt planned attacks on Canadian soil.

We will continue to support this legislation because we believe the anti-terrorist act as being the appropriate response to the growing threat of jihadi terrorists that seek to further their radical ideology and their idea of totalitarian caliphate by murdering those who oppose them.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:05 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I listened carefully to the Conservative member's speech.

Trust is an issue when matters as important as security and rights protection are in the hands of a government. There must be a relationship of trust. However, in this Parliament and in this House, that trust has unfortunately been broken because the rights of parliamentarians have been violated time and time again by time allocation motions and by a lack of respect for the laws that govern this country and parliamentary traditions. Canadians are having a hard time trusting this government right now. That is why many Canadians have stood up to protest Bill C-51.

Why does this member think that Canadians should trust this government to protect our rights and freedoms?

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:10 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, trust, like respect, is something that is earned. I think Canadians can see from the track record of our Prime Minister and our government that we have delivered time and time again, whether it is on balancing the budget or providing victims of crime with rights. Our government has delivered on many initiatives.

I think the that the NDP is proposing questions here: Can we trust CSIS with the powers that the bill would give them to fight the jihadi terrorists? Can we trust our law enforcement agencies with the powers in the bill to enable them to share information so they can properly fight the jihadi terrorists?

The question is not so much on whether we can trust the government, but can we trust the law enforcement agencies that work so diligently in keeping us safe? I find that question offensive.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, what we have witnessed over the last number of years, as the world grows more concerned about terrorism, is that there is a need to make changes to laws.

Jean Chrétien first brought in Canada's anti-terrorism act in 2001. If we compare the efforts put into that legislation, we find there was a great deal of consultation, a lot more building of bridges and trying to ensure that Canadians were being protected, while at the same time being able to fight terrorism. As things have evolved, other countries around the world, in particular the Five Eyes countries, have recognized the importance of parliamentary oversight. This is very different than judicial oversight, which is what the proposed legislation would bring forward.

My question to the member is: Why does the government, from his perspective, not recognize the importance of parliamentary oversight when our peers are putting in parliamentary oversight? Would he not agree that is a shortcoming of the legislation?

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:10 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, I want to thank the member for Winnipeg North. It gives me the opportunity to speak to that exact question.

At committee when we reviewed this bill, we heard from many of the witnesses that they would like additional oversight. Our government has responded in economic action plan 2015 by almost doubling the funds for oversight.

As members have said previously, this bill would also continue to provide for judicial oversight. This means that before CSIS agents can carry out their activities, they need to present their case and get a judge to agree that what they want to do is proper and good. Then we have the oversight to confirm that the permissions that were granted by the courts to CSIS were carried through with, and that is done by SIRC.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:10 p.m.

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I would like to thank my hon. colleague for his speech as well as for his work on the public safety and security committee.

Throughout the testimony, and the member was there along with me, we heard from very credible witnesses, some with extensive experience in law enforcement and security intelligence gathering, as well as those who have actually studied terrorism for more than 10 years.

I wonder if the member could speak directly to the credible witness testimony that we heard and why those witnesses thought this legislation was important.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:10 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, I want to thank the Parliamentary Secretary to the Minister of Public Safety for her leadership on this bill, and also for her leadership at committee. She does amazing work. Her constituents should be very proud of her.

We listened to over 48 expert witnesses, who brought years and years of experience and credibility to the discussions and deliberations at committee. They provided expert testimony to confirm that the bill would provide our law enforcement agencies with the tools they need to identify and also reduce and minimize the risk of jihadi terrorists in Canada. They spoke favourably of being able to accomplish the work we have asked them to do if they had the tools provided in Bill C-51.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:15 p.m.

The Acting Speaker Barry Devolin

It being 6:15 p.m., pursuant to an order made on Thursday, April 30 it is my duty to interrupt and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2, 3, 5 to 44 and 46 to 66. A negative vote on Motion No. 1 requires the questions being put on Motions Nos. 4 and 45. Is it the pleasure of the House to adopt the motion?

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:15 p.m.

Some hon. members

Agreed.

No.

Anti-Terrorism Act, 2015Government Orders

May 4th, 2015 / 6:15 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.