Bill C-51 (Historical)

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

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.

Anti-terrorism Act, 2015

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, as I mentioned in my introductory remarks, our government has increased investments in the Canadian Security Intelligence Service. We continue to invest. That is one piece of it. We can also talk about front-line law enforcement agencies. It was our government that brought in things like the police officer recruitment fund and doubled and tripled the number of RCMP officers. I recall, in 1998, when the Liberal government actually cut the funds, and I was in depot when they closed it down. There were no front-line police officers coming out at the time. It has been our government that brought forward police officer recruitment, put more law enforcement officers on the front line, and more in our communities. Guess who voted against that? The opposition voted against it.

It is not just financial resources that would allow law enforcement officers to do the job they need to do. They need the legislative tools. They also need to know, and Canadians need to know, that there are consequences to actions that people take. Coincidentally, not only are we giving law enforcement agencies the tools to do their jobs, we are providing consequences for the judiciary to consider when people are convicted.

However, guess what? Once again, the opposition voted against that. Members think that having law enforcement running around this community in great numbers, not enforcing any laws with any tools, or not having any consequences for actions, is public safety. It is not at all. It is a total package, and it is a package that opposition members never support.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, in the past year, I have had many debates about democratic reform regarding the Senate and the judiciary, about how many of the members of the government, primarily the backbench, talk about being less keen on seeing people appointed as opposed to people who are elected as serving as some sort of oversight.

The member talked about judicial review and how he has completely satisfied that. Although I appreciated many parts of his speech, the part of the package I am concerned about is this oversight that gives power to Parliament. Very specifically, why is parliamentary oversight not a good idea for this legislation?

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, most of what is embedded in the legislation is around law enforcement agencies and security intelligence agencies discovering, on reasonable and probable grounds, either an offence or an activity that would cause them concern. Clearly, members of the Royal Canadian Mounted Police, Transport Canada, Canada Border Services Agency, or the Canadian Security Intelligence Service are not going to take the information they have and provide that to members of Parliament so we can all vote on whether or not they get a warrant to act. They have to show cause in front of a justice. That is the natural course of law enforcement investigative procedures. The justice needs to consider that.

There are parameters clearly detailed in this legislation around what the law enforcement and security intelligence agencies have to present in a show cause. There are considerations that are deeply embedded in this legislation that tell the justices what they have to consider, including the nature, extent, and quality of the information in context to the current environmental conditions. Then they can apply that to granting of a warrant or granting of an activity for law enforcement agencies. That is something we cannot debate in the House of Commons. There are protective measures that are required because of national security, individual security, witness security. It only stands to reason that it happen in the courts, and not on the floor of the House of Commons.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, let me start by saying how proud I am of our leader and our party for taking a principled stand against this flawed piece of legislation.

As I move closer to retirement, I have been reflecting on my past nine years here in Ottawa. I often think about all those individuals, not only in my riding but right across this country, who are deeply committed to the cause of social justice. As a member of Parliament, it has been an honour for me to work with them in our common struggle for a better world. The issues have been many: world peace, food sovereignty, climate change, the environment, poverty, violence against women, and many others.

As a party, we have taken principled stands against the ideologically driven policies of the current Conservative government, such as its so-called tough-on-crime agenda, the abandonment of environmental protection, and anti-labour legislation. Today our position on Bill C-51 is consistent with this proud NDP tradition.

I should say that with all this anti-terrorism and anti-Muslim hype generated by the Conservatives, it would have been easy to come out in support of this draconian piece of legislation. After all, it appears, as the polls are saying, that Canadians are afraid, and they want tougher laws to protect them against terrorists. However, as the official opposition, that would not be in the best interests of Canadians.

I believe that my party has taken the responsible approach, and I am very proud of it. After carefully listening to experts and studying Bill C-51 in detail, we have determined that the bill would be a direct threat to the rights and freedoms we currently enjoy in this country. Here I would like to offer my sincere thanks to my colleagues from Esquimalt—Juan de Fuca and Alfred-Pellan and the research team for their due diligence on Bill C-51.

The following points summarize our concerns.

This bill threatens our way of life by asking Canadians to choose between their security and their freedoms. The bill was not developed in consultation with the other parties, all of whom recognize the real threat of terrorism and support effective, concrete measures to keep Canadians safe.

What is more, the bill irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight. It contains definitions that are broad, vague and threaten to lump together legitimate dissent with terrorism. It 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.

We agree that terrorism is a real threat and everyone agrees that public safety should be a top priority for any government, but Canadians should not have to choose between their security and their rights. The Prime Minister is offering them a false choice.

We need concrete measures that protect Canadians without eroding our freedoms and undermining our way of life. However, time and time again, the Prime Minister goes too far and puts politics before principles.

As I endeavoured to study this bill, I read through various articles that appeared in our mainstream media. A number of them, such as the National Post editorial of February 19, dealt with the efforts of university professors and national security specialists Craig Forcese and Kent Roach, who have produced three exhaustive analyses of Bill C-51. They are concerned about the new powers granted to CSIS to engage in disruptive activities.

We have also recently learned from an internal RCMP document that the environmental movement is already being targeted as a national security threat. According to the National Post, “that does not require a particularly paranoid mind to be interpreted as evidence that the environmental movement is already being targeted as a national security threat”.

Prior to CSIS being created in 1984, the RCMP had engaged in disruptive activities that were illegal. That is why the McDonald Commission was created and why CSIS was given a mandate to collect and analyze information and produce intelligence about potential national security threats to Canada. Now, under Bill C-51, they would be able to do legally what the RCMP was doing illegally in the 1960s and 1970s. This is a direct threat to the rights and freedoms we currently enjoy.

As our leader stated:

Bill C-51 would expand CSIS’s mandate to spying on ‘interference with infrastructure and interference with economic or financial stability.

The language is so broad that it would allow CSIS to investigate anyone who challenges the government’s social, economic or environmental policies. What is to stop this bill from being used to spy on the government’s political enemy?

We have also learned that former CSIS officer Francois Lavigne is alarmed by this bill. According to an article that appeared in The Windsor Star:

He believes the measures proposed in C-51 are unnecessary, a threat to the rights of Canadians and that the prime minister is using fascist techniques to push the bill.

Mr. Lavigne was part of the barn burning, off-the-leash Mounties group whose law-breaking ways led to the McDonald Commission and the eventual establishment of CSIS in 1984. He spent years tracking dangerous radicals without the powers the government wants to give CSIS. He said:

I find it a little convenient that in the past few years that these radicalized people are the biggest threat to ever hit us. There are more people dying because of drunk drivers or because of gang violence.

It would also appear that the Conservative government is using terror to deflect us from real problems facing Canadians, such as the loss of jobs, the growing disparity between the rich and the poor, and climate change, to name a few. History is full of examples of irresponsible leaders rallying their citizens by exaggerating threats to their security. As Mr. Lavigne goes on to say:

Some of these tactics are taken right out of the fascist playbook. Create an enemy that is hard to identify. Make it an enemy that is nebulous and seems to be able to do things that nobody else can. Don't define the enemy. Just identify. Generate fear around that enemy. Then send out the message that the only people who can deal with this enemy are us.

This is totally irresponsible and, I would say, immoral on the part of the Conservative government.

As our leader said, the NDP believes that current laws, at this time, allow the police and intelligence officers to do a good job. Providing new legislative tools is not the only solution. We must first ensure that our officers have the financial resources they need to better enforce laws.

In the end, any legislative measure to fight security threats must satisfy the following principle: the legislative measure must protect both Canadians and their civil liberties. The protection of civil liberties and public safety are both fundamental Canadian values. What is needed is a more rigorous legislative approach to fight terrorism based on evidence and facts, an approach that provides for strict monitoring of security agencies.

There is a lot of concern that this bill has been rammed through with the typical time allocation, not giving enough time for experts and the public to consult with the government, as happened in 2001 after what happened in New York City, when it took time, and committee meetings and hearings were held. This is being rammed through under the guise of fear.

I would like to quote from a disturbing article I read this morning in The Globe and Mail by Campbell Clark, which said:

Two things are clear: First, the Conservatives think this bill will help them win an election, and second, they don't want people to understand it. That's a bad combination for a bill that will change things in secret, in ways we won't know for years.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would give it a different twist. We recognize that when we are fighting terrorism, one of the issues is resources. When we think about the RCMP, there has been a question as to the government's commitment to ensuring that it has the resources necessary to deliver on its current responsibilities. We have seen cutbacks and budgets that have been intentionally underspent.

My question for the member is related to the idea that we can bring forward legislation, but unless we provide the resources necessary to support the legislation, we will not really be that much further ahead. I wonder if the member might comment on the issue of resources, whether it is for the military, for fighting terrorism, or for whatever it may be.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, one would think that when we had a new perceived or real threat, we would do our homework. One would think we would look at the existing legislation to see what was working and what was not. One would think we would look at the resources that should be there, and if they were not there, one would think a responsible government would add additional resources, using the current system we have. One would also think there would be good parliamentary oversight of a new piece of legislation we were trying to put in. None of this has happened.

The bill is being rammed through without any kind of oversight. It is being rammed through as a fear tactic. It is meant to kind of wield all this hype and fear of so-called jihadists and Muslims, all lumped into one, as a fear tactic, and, I am afraid, as an election platform for the next election.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to thank my friend, the member for British Columbia Southern Interior, very much for his presentation. Since I will not have an opportunity to speak to the bill, because of closure, I want an opportunity to put one of the concerns I have in opposing the bill to my friend and ask for his comments.

Much has been made of the notion that the bill would have judicial oversight. I want to make it very clear that it would not have judicial oversight unless CSIS agents themselves decided that a step they were about to take would violate the Charter of Rights and Freedoms.

I put to my friend that we know that the Minister of Justice often disagrees with the Supreme Court of Canada about when the charter is being violated, yet we are to trust that somehow CSIS agents, who have at this point been empowered with the responsibility to interfere with and reduce a nebulous cloud of potential threats to Canadian security, would have the judicial wherewithal to figure out when something is about to violate the charter. Only then would they have to go to a judge for a warrant, and they would never have to go back to that judge to report on their activities.

This is not judicial oversight. This is not checks and balances. This is creating a scenario we have been warned about, as my friend pointed out, by numerous royal commissions. That is why we should keep intelligence services separate from police and keep them under close scrutiny.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, I would like to thank my colleague for her comments. It is good that she had a chance to make them.

I agree. I have been going through all sorts of papers over the last few weeks. One of the common themes is that there is not this oversight. One of the common themes is that the bill would grant power without having careful control. This is why the bill needs to be studied carefully, not in the span of two days or one and a half days. It needs to be looked at, and it needs to be amended. I certainly hope that even if the bill goes further, the government will look at the amendments we have proposed.

[The Deputy Speaker, NDP, Joe Comartin]

We are going to be resuming debate, but I would draw to the House's attention the fact that we have used up the five hours allowed for speeches of 20 minutes and questions and comments of 10 minutes. We are now down to speeches that would only be for 10 minutes and questions and comments for five minutes.

Resuming debate.

The hon. member for Nipissing—Timiskaming.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, I am pleased to have the opportunity to speak today in support of Bill C-51, the anti-terrorism act, 2015. This important and timely legislation, as many of our colleagues have said, fills important gaps in Canadian law relating to threats to our national security. This bill is comprehensive and would address, among other things, improved information sharing so that national security and law enforcement agencies can more effectively share information relating to threats, and improved security for air transportation. It would also strengthen the tools available to our intelligence and law enforcement communities.

The anti-terrorism act, 2015, would help prevent, detect, and respond to terrorist threats and activities. There are two important prevention measures in the bill that I would like to speak to today, namely, the terrorist propaganda seizure and take-down powers. Prevention can come in various forms, and this legislation has a number of measures that would support this pillar, including improved information sharing.

As we all know, the international jihadist movement has declared war on Canada and her allies. As we have seen in Copenhagen, Brussels, Sydney, Paris, and even right here at home in Saint-Jean-sur-Richelieu and Ottawa, jihadi terrorists are attempting to destroy the values that make Canada the best country in the world to live, work, and raise a family. Clearly, Canada is not immune to homegrown terrorist threats. Therefore, the legislation before us today also includes, in support of the terrorism prevention pillar, measures to address the radicalization of these homegrown threats.

Bill C-51 proposes two provisions that would address the proliferation and availability of terrorist propaganda that can contribute to the radicalization of our youth and turn them toward terrorism. These new powers would complement the proposed indictable offence of promoting and advocating the commission of terrorism offences in general.

Specifically, the proposal is to create two warrants that would allow for the seizure of terrorist propaganda. “Terrorist propaganda” would be defined to mean any writing, sign, visible representation, or audio recording that advocates or promotes the commission of terrorism offences in general—other than the proposed new offence of advocating terrorism offences, which I just mentioned—or counsels the commission of a terrorism offence. The effect of this change would be to authorize courts to order the seizure and forfeiture of terrorist propaganda material, whether in a tangible form, such as a poster, or in electronic form, such as a website.

Currently there exists a shocking gap. The Criminal Code does not presently authorize the confiscation of terrorist propaganda produced for sale or distribution in Canada, or that is stored on or made available by a Canadian server. The first new warrant would be similar to the provision in the Criminal Code governing the seizure and forfeiture of hate propaganda in a hard-copy format, such as in books or magazines.

Terrorist use of websites and social media to recruit and radicalize youth to violence is a growing concern. Currently, police can only ask that a website host voluntarily remove the material, which would usually only occur after a conviction. However, when the person who posted the material cannot be found because they are abroad or have posted it anonymously, the removal of such offensive material is very difficult, and it may be available to the public for some time thereafter.

The anti-terrorism act, 2015, proposes to authorize a court to order the removal of terrorist propaganda from Canadian Internet services, even when the person who posted it cannot be found. This proposed power is similar to ones that already exist for other materials that Parliament has deemed harmful, such as hate propaganda, child pornography, voyeuristic material, and most recently with the passage of Bill C-13, the protecting Canadians from online crime act, intimate images.

Some of these provisions have been in the Criminal Code since 2002 and help facilitate the removal of such harmful content from Canadian Internet services, which in turn limits Canadian exposure to such harmful content.

Courts must have the power to order the removal of such terrorist propaganda when posted online. That is exactly what this new take-down provision is designed to accomplish. Under this new provision, judges may order both the person who posted the terrorist propaganda and the Internet service provider to remove the material that is terrorist propaganda. It is focused only on the removal of the material that is available to the public, so that even in the absence of a prosecution, police will still be able to remove this material from Canadian servers.

As I mentioned earlier, these types of warrants are not new to the Criminal Code. They are also not new to the international community. For example, the United Kingdom has had similar powers in place since 2006, and Australia provides for the takedown of restricted online material, such as terrorist propaganda, through its Broadcasting Services Act.

As an additional complementary amendment to these new tools, Bill C-51 also proposes changing the customs tariff to include the new concept of terrorist propaganda. This change would ensure that Canada Border Services Agency officers would be authorized to inspect and seize terrorist propaganda material.

These new tools are not only complementary to the proposed new offence of advocating and promoting the commission of terrorism offences in general, but they are also consistent with Parliament's past approach relating to content that we have deemed harmful to Canadian society.

As I have said, these tools are designed to help address the radicalization of Canadian youth toward violence by assisting in the removal of terrorist propaganda material. I would like to quote Avi Benlolo, the president and CEO of the Friends of Simon Wiesenthal Centre, who says:

It is especially significant that this new legislation will enable the removal of websites promoting jihad and related materials on the internet. Jewish communities are a favourite target of jihadis, and the provisions of this bill will do a great deal to help ensure the safety and security of all Canadians as we continue to fight this threat to western democracies.

I hope that all members of the House heed these words and support these proposals in Bill C-51 as a positive step toward making Canada and the world a safer place.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I listened to the hon. member's speech on this bill, but I remain very puzzled by the member's comments.

The Minister of National Defence has been quoted as saying that none of the new powers in Bill C-51 accord new powers to CSIS, that the new powers are only accorded to the courts.

I am wondering if the hon. member can elaborate for us. Would the member agree with the minister that in all cases where CSIS officials take down material that is is explained publicly or posted on a website, or intervenes directly in an activity where they fear that there are “terrorism activities” taking place, those are not new powers for CSIS? Does the member agree with the Minister of National Defence, or is he taking another position that the bill in fact accords specific new powers to CSIS?

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, quite frankly, I am puzzled why the NDP is against safety and security for Canadians.

This is not hard. These measures will make Canada safer. Back in 2001, when we had the first terrorist incident, similar measures to these were passed.

We simply think that third-party, non-independent, expert oversight of our national security agencies is the model. Furthermore, key powers of the new legislation will be subject to judicial review and judicial authorization.

Let us get on with protecting Canadians.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Liberal Party has been fairly clear on this legislation, in the sense that we support it and will be voting in favour of it in principle, primarily because it is a step forward.

We have pointed out a concern that many Canadians share, that the government needs to do more to protect the rights and freedoms of Canadians. We take this seriously. When addressing the House on the legislation, the leader of the Liberal Party put forward a model of parliamentary oversight.

Surely to goodness, the member recognizes that other countries like England and the United States already have parliamentary oversight in some form to deal with these issues. Given that other countries have oversight, and because there is such a great need for Canada to do more on the oversight issue, why would the government not accept a Liberal Party amendment that would ensure parliamentary oversight? Everyone wants parliamentary oversight. Why will the government not allow Canada to have parliamentary oversight?

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Mr. Speaker, as I said in my earlier remarks, I go back to 2001 and the first terrorist attack. The member might recall that it was a Liberal government that passed the Canadian Anti-terrorism Act in response to the attacks in the United States on September 11. The expanded powers at that time were highly controversial, due to their widely perceived incompatibility with the Canadian Charter of Rights and Freedoms, in particular the act's provision allowing for secret trials, lengthy detention, and expensive security and surveillance powers. The Liberal government passed that act and the sky did not fall.

This legislation is needed right now, 13 years later. The sky will not fall. We need protection. We need safety and security for Canadians and we need it right now.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, although the Minister of Public Safety and Emergency Preparedness claims that no wrongdoing will result from the application of Bill C-51, unfortunately Canadian history is replete with examples of abuse, wrongdoing and lack of transparency. This leads the official opposition to effectively exercise its full role and remind members of past experiences.

First, I would like to speak of the events of October 1970, when terrorist acts were committed in Quebec. The government imposed martial law and expanded the powers of the RCMP. Probably ill-informed of the real risk of the terrorist threat in Quebec, RCMP officers performed illegal acts in carrying out their duties. They infiltrated groups, stole documents, opened mail, and carried out searches without warrants and widespread wiretaps without making a distinction between dissidence and subversion.

Over the years, the criteria for determining the existence of a security threat to a country have been expanded to include the personal characteristics of the suspects, groups and associations, which are not terrorists. For example, the separatist activities of individuals or political groups like the Parti Québécois were closely monitored by the RCMP. At the time, Quebec separatist activities were perceived as potential security threats, according to the report of the Commission of Inquiry Concerning Certain Activities of the RCMP, presented in August 1981.

Robert Samson, an RCMP officer, revealed that he had broken into the offices of the Agence de presse libre du Québec, made up of young left-wing idealists, as pointed out in the book Enquêtes sur les services secrets. These declarations led to the creation of the Keable provincial commission of inquiry in 1977, which was responsible for looking into the RCMP's illegal activities in Quebec.

Another commission was created at the federal level, chaired by Justice McDonald. Its report revealed how RCMP informants had infiltrated the upper levels. In 1978, the Ligue des droits et libertés dealt a blow with its Opération liberté, or operation freedom. In the name of national security, it warned the public about the illegal activities of the RCMP, the Sûreté du Québec and the Montreal Urban Community Police Department.

The Ligue des droits et libertés presented a report to the McDonald Commission, and in response to its recommendations, the RCMP lost its authority over national security intelligence services, and a civilian agency was created to take over those responsibilities, giving rise to the Canadian Security Intelligence Service.

This look at the past was necessary so that we can understand what is happening now. Like the member for Outremont, the leader of the official opposition, who has 35 years in politics, I am presenting my arguments against this anti-terrorism act, 2015, in a clear and fair manner. As I just showed, there were cases of abuse in the past. At the time, fear was used to justify illegal actions against individuals who were not terrorists but dissidents who held a different political opinion.

The government is repeating the errors of the past. It is stirring up people's fears about terrorist attacks to justify spying on them and violating their rights. This is not so much about implementing new laws as it is about ensuring that there are enough resources on the ground to be able to intervene.

Recently, there were six terrorism-related arrests. Clearly, the police can take action, but they need resources.

I would like to take the time to share a simple analogy that will help people understand what is going on here. Imagine a nurse working the emergency room alone. Obviously she will not be able to take care of all of the patients because there are too many. What does the nurse do? She focuses on the most serious cases and the highest-risk patients. She knows that in the meantime, other patients are not doing well, but she does not have the time to deal with them. She focuses on the most urgent cases and tries to keep an eye on the others. Unfortunately, she will miss some cases. Maybe while dealing with the most serious cases, she will not notice that another patient's condition is deteriorating.

When incidents like these happen, we put additional resources in place while waiting to review what happened. We review what happened, put new policies and rules in place, decide that there should be more oversight and so on. When we think we have identified the problem, we take away the resources that were added while the matter was under review.

The poor nurse is still doing the job all by herself. She may know that she has to check on all of the patients, but she does not have time to do it. She therefore deals with the most urgent cases. She would be happy if fewer sick people came to the hospital where she works and if fewer people had heart attacks. However, no one is doing anything about prevention, so just as many sick people are coming to the hospital and the nurse is still doing the job alone.

In this case, it is not the policies or regulations that are causing problems. Resources must be put in place to correct the situation. When it comes to radicalization and terrorism, which is what we are dealing with right now, the problem is not policies. We know that we can make arrests. The problem is resource-related. We need to put human resources in place to ensure that people do not slip through the cracks and that we are not just dealing with the most serious cases because we have too much on our plate and we do not have time to manage everything that needs to be managed. We need to put resources in place to prevent young people from becoming radicalized and going to fight abroad. To do that, we need people on the ground. We also need social workers who can work with the communities concerned to prevent this sort of thing from happening.

I believe that I clearly demonstrated that when we are talking about problems like this, it is not always a matter of introducing new laws; it is a matter of resources, intervention and a presence on the ground. Regardless of the number of laws we create, we will never solve the problem if the resources are not available. That is why it is important to put those resources in place.

Recently we learned that the government is not even spending all of its budget envelopes. We learned that the RCMP and National Defence have returned money to the public purse because they did not use it all. Those departments have already experienced budget cuts and yet they are not even using their whole budgets and are returning the surplus to the public purse. Could those departments not at least use all of the money at their disposal? That would be a good start.

We must not sacrifice our fundamental freedoms because of the fear of terrorism. Following the October 22 attacks, the Prime Minister and the Leader of the Opposition stood up here and said that they would not give in to fear. I was proud that they said that. However, when we pass legislation that violates our individual freedoms, I honestly believe that we are giving in to fear. The police are able to intervene. What is needed is resources. We must not violate people's rights. We must not use bills that, in a roundabout way, allow attacks on political dissidents and non-violent activist groups under the pretext of being able to intervene sooner. The government is missing the boat. There is no direct link between this bill and the kinds of acts we want to prevent.

Under the guise of wanting to protect Canada from potential terrorist acts, the bill includes many people who should not be subject to such measures. By making the bill much too broad, the government has missed the boat entirely.