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 was last introduced in 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 often publishes better independent summaries.

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.

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

February 23rd, 2015 / 3:30 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, the member has indicated a lot of areas where there should be some oversight. On this side of the House, we believe it is extremely important to have oversight when it comes to CSIS and the RCMP. We need to have that oversight.

However, the Liberal Party is willing to pass the legislation even though that oversight is not there. That is quite problematic. It is willing to do it afterward, either during a federal election by campaigning on it or doing it only later on, when they think they are going to form the government. Well, it is no surprise that we cannot predict the future. We need to ensure that the safety of Canadians is in place, but we also have to make sure that their rights are also protected.

François Lavigne was a CSIS officer. He used to be with the RCMP as well. He spent years tracking dangerous radicals without the powers the government wants to give to CSIS. There are currently powers in place. There are mechanisms, practices, and laws necessary for dealing with terrorists in section 46 of the Criminal Code of Canada.

Therefore, I wonder if my colleague could explain why this former CSIS worker is saying we should not be going down this route but Liberals are saying that we should go down this route.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:30 p.m.
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Liberal

Irwin Cotler Liberal Mount Royal, QC

Mr. Speaker, the primary thrust of the hon. member's remarks had to do with the question of oversight mechanisms and the issue of our support for legislation which may not, at the end day, have such an oversight mechanism.

The point is that we are hoping that there will be not only oversight mechanisms but review and accountability mechanisms as well. That is why we are proposing them.

I was one of a number of Canadians who signed on to a statement that was published on February 19 in The Globe and Mail. This statement calls for just such an integrated series of oversight, review, and accountability mechanisms, with Parliament at its core. I would hope that the government, which looks to public opinion and finds that some 80% of Canadians are in support of this bill, will also look to the fact that two-thirds of Canadians also want a robust and integrated oversight mechanism system that has a parliamentary review mechanism and parliamentary oversight at its core as part of overall accountability.

This is something that was called for in the Arar commission, which we as a Liberal government set up. We tabled legislation in 2005 calling for such an oversight mechanism. All parliamentarians agreed to it. We lost the election, and for the last 10 years, the Conservative government has done nothing about implementing that mechanism. I hope the Conservatives will do it now.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:30 p.m.
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Conservative

Bryan Hayes Conservative Sault Ste. Marie, ON

Mr. Speaker, I am pleased to rise in the House today to discuss Bill C-51, anti-terrorism act, 2015.

This is important legislation that was developed with much consultation. In the wake of the horrific terrorist attacks this past October, our Conservative government, led by the Prime Minister, the Minister of Public Safety, and the Minister of Justice, consulted with Canadians from coast to coast while they were developing the legislation before us today.

We saw the results of those consultations when statistics come out last week: four out of every five Canadians fully support this legislation. That is because they know that the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because they hate our society and the values it represents.

That is why our government has put forward these measures that protect Canadians against the jihadi terrorists, who seek to destroy the very principles that make Canada the best country in the world in which to live. That is also why Canada is not sitting on the sidelines, as some would have us do, and is instead joining our allies and supporting the international coalition in the fight against ISIL. In line with measures taken by our allies, these new measures will specifically ensure that our law enforcement and national securities agencies of Canada counter those who would advocate terrorism, prevent terrorist travel and the efforts of those who seek to use Canada as a recruiting ground, and disrupt planned attacks on Canadian soil.

I reject the argument that every time we talk about security our freedoms are threatened. Canadians understand that their freedom and security go hand in hand. Canadians expect us to protect both, and there are protections in this legislation to do exactly that.

It is currently not a criminal offence to advocate or promote terrorism. The ability to arrest someone who in general terms is advocating or promoting the activity of terrorism does not exist. The threshold for arrest under the Criminal Code is specific to someone who knowingly instructs, directly or indirectly, any persons to carry out terrorist activity.

The anti-terrorism act, 2015, makes it an offence to advocate or promote terrorism in broader terms, a measure that is supported by 90% of Canadians, according to a survey done by the Angus Reid Institute. The fundamental fact is that our police and national security agencies are working to protect our rights and our freedoms, and it is jihadi terrorists who endanger our security and would take away our freedoms.

CSIS currently does not have the legal mandate to take action to disrupt threats to Canada in order to keep Canadians safe. When the CSIS Act was originally developed, Soviet espionage was the greatest threat to our national security. Today, violent jihadists are the greatest threats to Canada and Canadians, and the threat continues to evolve. It is imperative that we provide our national security agencies with the tools they require to face this evolving global threat.

Let us look at a case study. A terrorist entity puts up a terrorist-promoting propaganda video on YouTube, which concludes with the words “Attack Canada” on the screen. No description of the kind of attacks to be carried out is given. Under the current law, counselling the commission of a terrorism offence is criminal, whether the attack is carried out or not. However, the counselling must relate to committing a specific terrorist offence, for example, counselling someone to kill someone for a political, religious, or ideological purpose.

In the case study, there is insufficient detail to allow one to conclude that the person was counselling to do a specific terrorism offence in the Criminal Code to kill someone, as opposed to disrupting an essential service. Under the new anti-terrorism act, posting such a video, with its call to carry out attacks in Canada in general, which is a form of active encouragement, would now be caught by the criminal law.

With respect to oversight, I think third-party, non-partisan, independent expert oversight of our national security agencies is a better model than political intervention in the process. Furthermore, the key powers of the new legislation are subject to judicial review and authorization. In fact, any activity that infringes on a person's privacy or charter rights would require a warrant, such as entering a person's home to remove their passport, or tampering with a possible chemical weapon to render it harmless.

I would like to acknowledge the concerns raised by the Liberals and the NDP regarding resources for national security agencies.

Our Conservative government has already increased the resources available to our national security agencies by one third. The Liberals and the NDP voted against these increases each step of the way. Seven times our Conservative government brought forward proposals for more funds for these agencies, and seven times the NDP and the Liberals voted against these measures.

Despite the Liberals' and the NDP's votes against these increases, our government will continue to ensure that our national security agencies have the resources they need to keep Canadians safe.

I mentioned earlier in my comments that Canadians had expressed strong support for the legislation. I would like to take this time to discuss what some prominent Canadians think about the legislation before us today.

CSIS director, Michel Coulombe, said:

Last fall, two terrorist attacks took place in Canada, the first one in Saint-Jean-sur-Richelieu and the second in downtown Ottawa. Since then, the threat has accelerated as extremist groups call for additional attacks on Canada.

[...] CSIS welcomes the introduction of legislation to better enable the government to safeguard the nation's security interests. The new legislation will help CSIS protect Canadian lives from a terrorist threat unprecedented in our country's history.

What is more, Bob Paulson, the Commissioner of the RCMP said, “The recent terrorist attacks on Canada and against our allies have shown us that the threat can materialize rapidly and that we cannot be complacent when it comes to terrorism. The proposed legislation would provide the RCMP with new tools to carry out its national security criminal investigations and, ultimately, to keep Canadians safe”.

Members opposite may say it is a certainty that the national security agencies whose powers would be enhanced would be supportive. They may say that they are interested in a view from the academics.

Queen's University professor, Christian Leuprecht, said:

There's a balance to be struck here between civil liberties and between protecting individual, public, and community safety [...] I think the government is trying very hard to strike a fine line and find a middle ground....

The opposition may say that none of that which I have cited speaks to oversight.

To that, I would answer with comments from Ron Atkey, the first chairman of the Security Intelligence Review Committee. He said:

Some of the instant critics [...] have missed the mark in decrying lack of oversight. [...]

But regarding new powers of terrorism disruption to be given to CSIS, oversight is alive and well.

I would also like to cite S.A. McCartan, a criminal prosecutor, in Ontario. He said:

Canada is alone amongst Western countries in not allowing its spy agencies any powers whatsoever to prevent terror. It is alone in having a spy agency still operating 30 years in the past. It's time to fix that.

Last, I would like to quote two esteemed members of Canada's Jewish community.

David Cape, chair of the Centre for Israel and Jewish Affairs, said:

We welcome this legislation which enhances the capacity of authorities to address a growing threat in our society. We are supportive of the Government of Canada's efforts to respond to the terrorist threat in as comprehensive and forceful a way as possible.

Avi Benlolo, of the Friends of Simon Wiesenthal Center, said:

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 [...]

As I said earlier, 82% of Canadians support the legislation.

I am proud to be part of a government that is standing up for the wishes of Canadians, as well as delivering important measures to keep them safe.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:40 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, I would like to thank my colleague for his remarks. I am sure that he is acting in good faith, but the problem is that history has proven him wrong.

We are experiencing a new version of October 1970. In October 1970, the government panicked as it scrambled to respond to a terrorist threat, much like the current government is doing now. Parliament voted on a law and the government acted on it. Over 300 people were imprisoned, and it was not until much later that we realized that none of those individuals had any ties to the Front de libération du Québec.

We need only look at the debates I have here in my hand. Jean Marchand said that there were 5,000 FLQ members in Quebec. David Lewis responded that if we wanted to catch them, we had to begin by making sure that our RCMP officers spoke French.

The question is quite simple. Is it not better to have police officers than useless laws that put innocent people in prison?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:45 p.m.
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Conservative

Bryan Hayes Conservative Sault Ste. Marie, ON

Mr. Speaker, it is not surprising that New Democrats bring forward fearmongering tactics. They talk about an isolated incident that occurred. New Democrats automatically assume that CSIS and the RCMP would be the body to commit abuse and human rights abuses. I think that is an unfair assumption. This is simply speculation, and if, for some reason, serious human rights abuses occur, then not only is SIRC in place as an oversight body, but so too are the courts.

This is a judicial oversight at the front end of the process, and new powers are provided to our judicial authorities to tackle this at the front end. I am confident that they will be quite capable of doing that.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, whether it is SIRC or our courts, it has been very clearly illustrated to the Government of Canada that it is just not good enough.

It is not just the Liberal Party or Canadians as a whole who are saying that. We have seen other jurisdictions, including the United States, England, Australia and others that have recognized the value of parliamentary oversight, which is what we have been advocating.

At some point, because of time allocation, the bill will be going to committee sooner as opposed to later. My question to the member is, to what degree does he believe that the government will respond to amendments from the opposition, given its past track record for not accepting opposition motions or amendments?

If there are solid amendments that are supported, does he believe that the government is obligated, at the very least morally, to not only entertain them, but to also allow them to be passed so that we can improve the quality of the legislation that the Liberals are in principle supporting?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:45 p.m.
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Conservative

Bryan Hayes Conservative Sault Ste. Marie, ON

Mr. Speaker, in response to the hon. member, that is the purpose of committee work, and that is why we encourage this legislation to get to committee and not be held up in the House.

In my role as a committee member on public accounts and the Standing Committee on Veterans Affairs, we take the opposition's views quite seriously. We do listen and we bring forward witnesses. The whole purpose of that process is so that we ultimately bring forward good solid legislation.

Although I am not on the public safety committee, I have confidence that all members will take the questions very seriously.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:45 p.m.
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NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, I am glad to have the opportunity to speak to this bill, though many of my colleagues in the House who would also like an opportunity to speak to such an important bill that mixes security and freedom will not have one because we are under time allocation.

Bill C-51 makes it very clear that the Prime Minister meant what he said when he remarked that we would not recognize Canada when he got through with the bill. The party of one will make sure that this country is not the same after his reign is finished. We will not recognize Canada after Bill C-51 is made law and used for many years. We will not recognize what this bill can do to Canada, including today when we stand to speak about a couple of jihadist threats that have potentially occurred in Canada and speak about the bill in that regard. We will not recognize what the bill would do to Canada because it will come in the actions of CSIS over many years, as CSIS uses its new powers to work in Canadian society and, through Bill C-44, in various ways abroad to change the very nature of Canadian society.

The Conservative Prime Minister has demonstrated time and again that disagreement is not something he tolerates or understands. In fact, we heard the former Public Safety minister Vic Toews call environmentalists eco-terrorists in 2012. The current finance minister, in his time as natural resources minister, basically made the same kinds of remarks.

We live in a world where we know that we have to balance the environment and the economy and where those questions require debate, disagreement and, many times, civil confrontation. Now there would be a new set of rules. It is hard to think that that type of interaction could in any way be a threat to national security when we talk about how we are balancing what we do in this country between the environment and the economy, but that is quite clearly laid out in this bill. It underlies this bill.

This bill would likely create even greater divisions and alienation in our society than exist now. That is generally what happens when there is more authoritarian and secretive behaviour in society, with more opportunities for collusion under the law to take out the people who are not liked or the people who are somehow thought to be threats to Canada.

When one views the government's actions and words of concern about environmentalists, it is understandable that many Canadians are starting to speak up about Bill C-51. Yes, the initial poll showed that a lot of Canadians liked the idea of security against terrorism; but did they understand what was in the bill, and are the Conservatives allowing them to understand that by continuing this debate in the House of Commons? No, they are not. They are closing the debate down because they know darn well that as this debate continues and things come out, others will ask for a better bill and a better understanding of the nature of what the Conservatives are proposing.

To be specific, Bill C-51 threatens our way of life by asking Canadians to choose between their security and their freedoms. It asks Canadians to choose, but the Conservatives do not actually ask Canadians; they simply put this bill forward, apply closure, and send it through committee in very little time. That is what will happen.

A bill like this should take time. We should be at it for months, maybe a year, getting the bill right. We do not have any rush. After Air India, we did not change anything for many years. We did not have significant problems. We are not having significant problems today.

Bill C-51 was not developed in consultation with other parties. That is very much the case. This thing was brought up in a very big rush after October 2014, as we heard commentators from the Conservatives Party say here today.

The bill irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight. Actually, there is no oversight; there is review, and we need to keep those separate. There is the Security Intelligence Review Committee, which is not an oversight committee but a review committee that looks at things the agency has done long after it is finished. Oversight says more immediacy. The Conservatives say that a judge will do that, but only if CSIS takes it to a judge. In many cases, they may not.

I want to talk about threat disruption, which is an interesting subject. When we think of groups that may be formed to do something the government opposes, like environmental action, CSIS might say, “Then if they might do something unlawful in the future, perhaps we should get involved right now to deal with threat disruption. Maybe we should put a CSIS member into that organization. Maybe we should undermine the organization first before it becomes a problem”. That would fit under the law. That is called threat disruption. If we disrupt something before the unlawful action is taken, how can anyone prove there was unlawful action? This works both ways. We can disrupt people now because we think in the future they may do something wrong.

The bill does not provide anything to make our society work better. The bill does not do anything to build communities, to build understanding—absolutely nothing. It is all secretive. It is all behind the scenes. There is nothing here that says we have a job to do in our society to bring people together.

When we look at the promotion of terrorism, how can we judge that? How can we judge the promotion of terrorism? What is incitement to terrorism? Is it someone saying that their son or daughter has been injured, that they are angry about it and that they do not like what the government has done. Is that incitement to terrorism? What is being suggested in this?

Quite obviously the government has made the bill so large that it simply cannot answer those questions today. How will we answer them in the future? It will only be through the actions of what happens here. If we have oversight by parliamentarians, we may have a chance to control some of the bill going forward. If we do not, then we will rely on non-elected individuals to determine what the bill does, and that is simply wrong.

Why do we not deal with this in a better fashion than what the government has proposed to do? Why did we go in this direction? The party of one is responsible for this. The Prime Minister would not come into Parliament and stand to speak to the bill. He chose to do it somewhere where he did not have anyone to criticize him, to ask him questions. Why would someone make such a large effort to promote the bill without that type of commentary in the House? I really find that wrong-headed, but it is more the style of this Prime Minister, the party of one.

Clearly, we oppose the bill. We will continue to oppose the bill because it is not done right. It will not protect Canadians. It will affect their rights in the future. We do not understand exactly how it will affect their rights, but it will do that without the proper oversight of parliamentarians.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:55 p.m.
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Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, in his speech the member alluded to the fact there is no immediacy with this and that we should take a year to debate this kind of bill. I wonder how many incidents have to happen before a bill like this is necessary. How many threats does this country have to receive, how many incidents have to happen, how many times does it have to happen internationally before this House should be vigilant, take action, and make sure the legislative tools are in place for our security forces to ensure that the next incident is not one of catastrophic proportions? That is what this government is trying to do right now. Why would he want to delay that?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 3:55 p.m.
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NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, to answer that I think I would go back to another generation, my father's generation, and the individuals who went to fight for our freedoms and values in the Second World War. They did not fight there to lose those values or to see them taken away by legislation in the House. Therefore, when we deal with those types of issues, when we think of the 50,000 individuals who died in the Second World War while standing up for those rights and freedoms, then we of course deal with this very carefully.

What the government has proposed does not allow us to do that. The legislation is far too broad. I have pointed out a number of areas that we need to work on. If the government does not want to work on these, if it continues in the same fashion it has had with all the other legislation it has brought before Parliament in the last four years of its majority term, this simply will go ahead.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 4 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the New Democrats have been relatively clear in their position that they will vote against this bill in the House. Outside the House the leader of the New Democratic Party has now indicated that he would not scrap the bill if the NDP were elected, but that he would definitely make some changes to it.

The position of the Liberal Party has been that the legislation includes initiatives that are ultimately worth passing, but that the bill falls short. There is a real need for amendments, one of them with respect to parliamentary oversight, an issue that I have raised time and again when asking questions today.

Therefore, my question for the member is this. Can he explain to the House the actual position of the NDP? If they were to form government, is the leader of the New Democrats right when he said that they would not scrap the legislation they so adamantly oppose today?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 4 p.m.
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NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, the reality of what we will do with this bill will be clear tonight when we vote against it. That is very clear. There will not be any question about what our motives or our intentions are tonight. We will vote against it.

The Liberals are the ones who are jumping up and down and squirming in their seat trying to figure out how they can both support and not support it. We do not like this legislation. We do not think it is proper. We will vote against it tonight.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 4 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. friend from the Northwest Territories for his presentation, and the official opposition for standing against this legislation.

Having read and reviewed it, the more I look at the bill the more I find bizarre provisions within it. I want to highlight one of them, which is that this bill authorizes CSIS to operate outside of Canada, but only requires that it get a warrant if it plans to break a domestic law. I do not know if the official opposition has studied this to figure out if CSIS has any restrictions whatsoever, except for it not to cause bodily harm, kill anyone, or violate their sexual integrity, if it intends to go to another country and break the law there.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 4 p.m.
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NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, Bill C-44, the bill that went through the House previously, gave CSIS the ability to work outside the country and only obey Canadian laws. That is something that other international spy agencies do, but we have not done so in the past. Now we have a situation where we will do this type of work, which will obviously come back on us should others do the same to us.

I think Canada has changed its whole international perspective of trying to bring countries together and conciliate into an incredible jingoistic approach, a man-with-a-big-hat-and-no-cattle approach.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 4 p.m.
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Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, it is truly an honour to rise today to speak about such important and noteworthy legislation. The anti-terrorism act, 2015 proposes changes that hold great promise in terms of enhancing Canada's capacity to confront the terrorist threat.

Let me be clear. The international jihadist movement has declared war on Canada and her allies. This is because they despise modern society. They would take away rights for women. They would go back to barbaric, theocratic laws. On this side of the House, we will not stand for any action or inaction that gives these terrorists any power in the world, though some on the other side of the House may disagree.

During my time today I could speak at length about any one of a number of meaningful changes that will help us address the threats our country faces at the hands of violent extremists and individuals who travel abroad for terrorist purposes. Specifically, they include the need for measures to counter advocating terrorism on the Internet; amendments to the Immigration and Refugee Protection Act to better protect classified information for immigration proceedings; the expansion of the passenger protect program as a further step in confronting the challenge of terrorist travellers, including the creation of a robust legislative basis for the program; and an enhanced mandate for CSIS that would see it move beyond playing a passive role of intelligence gathering to a role that would include threat disruption activities, thereby bringing it closer in line with the mandates of Canada's allied agencies.

Indeed, the bill addresses all these areas and more. However, today I want to focus my remarks on another area, one that, while perhaps not immediately obvious, would have clear benefits in helping us strengthen our overall national security framework. The element I am referring to includes changes that would enhance information sharing practices across federal government departments and agencies.

It is becoming quite clear that the current legal framework governing information sharing can, in some instances, prevent or impede the sharing of information when national security interests are at stake. Therefore, we have proposed some very prudent and measured changes that would allow government departments and agencies more latitude to share information, when appropriate, for reasons of national security.

Part of living in a free and democratic society means having defined legal limits on how government institutions treat the information in their possession. Indeed, information sharing is rightly limited by important laws, such as the Canadian Charter of Rights and Freedoms and the Privacy Act. Our federal institutions take their obligations very seriously when it comes to protecting information.

In addition to the charter and the Privacy Act, to which all government institutions are bound, institutions are also subject to their own specific mandates and legal regimes governing information sharing practices. These often include explicit limits on how information can be shared. While we all understand why such measures are in place, we can no longer allow them to impede any activity that has the real potential to significantly contribute to our national security.

As one example, the Department of Public Works and Government Services is limited in how it can share information related to people and companies that deal in controlled goods, such as weapons and military equipment. At times, such information could well be germane to national security threats, yet we are not in a position to share it for those purposes. I am confident that we can all agree that this raises serious concerns, from a national security perspective.

We can, and we must, do better. Given the current environment, permeated with the real and persistent threat of terrorism, it is vital that these institutions be in a better position to work together more effectively.

It helps if we think about it as a puzzle. In the course of carrying out their responsibilities and mandates, different organizations collect information that, on its own, serves a specific purpose, but these organizations may come across specific information from time to time that they feel raises concerns from a national security perspective. If these organizations can share that information, government organizations with legal mandates related to national security can more effectively put those pieces together and create a more complete picture of a given threat so that appropriate action can be taken.

Simply put, the current framework for our federal institutions is not as conducive to information sharing for national security purposes as it needs to be, owing to particular complexities and restrictions.

Our government is convinced that taking steps to rectify these gaps and restrictions would help us better protect Canadians and Canadian interests. Security needs must be taken into consideration, and information needs to be more effectively and rapidly shared among federal government partners.

With this new legislation we have the opportunity to provide for that by explicitly authorizing information sharing within the Government of Canada for security of Canada purposes. In this way, we could provide clear authority to all federal institutions to disclose information, either proactively or in response to a request, to designated recipient institutions. To be clear, these designated recipient institutions would only be those with clear responsibilities or jurisdiction related to Canada's national security. Further, it is worth noting that the new bill would not require that information be shared. Rather, the holder of the information would retain discretion as to whether or not to share.

We have proposed amendments to certain existing acts, as well, to resolve barriers. For example, an amendment we have proposed to the Customs Act would mean that CBSA would be legally permitted to share customs information with Citizenship and Immigration Canada for the purpose of administering or enforcing a Canadian passport order when national security was involved.

Members of the House will know that the Strengthening Canadian Citizenship Act was passed in July 2014 to provide authority to revoke the citizenship of dual nationals involved in activities that jeopardize the security of Canada. It is essential for officials of Citizenship and Immigration Canada to have the right information to enforce this new authority, and this amendment would help to allow for that.

Before I conclude, I want to note that our government is confident that our federal government institutions will take up and use this new information sharing authority responsibly and with due regard for the charter and legal requirements. They will respect the fine balance between privacy and security, just as Canadians expect.

It is important to note that independent review bodies, such as SIRC, the Office of the Communications Security Establishment Commissioner, and the Civilian Review and Complaints Commission for the RCMP, as well as the Privacy Commissioner and the Auditor General, will provide an important counterbalance to the new authorities provided in Bill C-51.

As always, our government stands ready to take appropriate action to protect the safety and security of Canadians at home and abroad. This legislation is further proof of that commitment.

I urge all hon. members to support us as we take this important step forward to strengthen Canada's national security.