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.

National Security and Intelligence Committee of Parliamentarians Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I was here during the debate on Bill C-51. The Liberal Party, in opposition to Bill C-51, raised a number of concerns. Ultimately, we saw fit to support Bill C-51. The NDP opposed it straight through. However, we understood the importance of rights and freedoms. We also understood the importance of security.

We made a commitment to Canadians to bring back parliamentary oversight. We have had professionals and scholars indicate that this was good, sound legislation, even before it was amended. I would suggest that the NDP critique of the legislation could be applied to other pieces of legislation that other Five Eyes countries have. Canada does not have a parliamentary oversight committee. Other countries do. We will find that in many ways, our legislation is more robust than those other countries', and this is our first time with it.

Will the NDP be voting yes for parliamentary oversight?

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, today I rise to speak to Bill C-22, an act to establish parliamentary oversight of our security and intelligence services. Bill C-22 aims to plug a gap by giving a unique committee of nine security-cleared and secrecy-sworn MPs and senators substantial but not complete access to classified information and a whole-of-government mandate to review security and intelligence operations, policy, legislation, and administration.

Canada has not seen any progress toward security accountability in decades. In 1977, the government created the McDonald Commission to investigate the security services activities of the RCMP. The commission resulted in two key recommendations in its final report in 1981. The first was to separate security services from the RCMP, a recommendation that was fully implemented in 1984 with the establishment of CSIS. The other key recommendation, to create a special oversight committee of parliamentarians, was ignored and has gone ignored for decades.

Time after time, governments have resisted the call to create a body for parliamentary oversight of security and intelligence services. They have ignored experts in this country and around the world who have insisted that parliamentary oversight is crucial to bridging the gap between ordinary Canadians and the women and men of our intelligence services.

In 2005, a Liberal government bill was introduced that was almost a carbon copy of Bill C-22 in its original form. An interim committee of parliamentarians on national security, when studying that bill, actually toured allied nations and met with their oversight bodies. It too came to the conclusion that an oversight committee must be provided with complete access to classified information. Unsurprisingly, the Liberals rejected that provision.

Without oversight, Canada has been left behind. All of our closest allies, including those with parliamentary governments similar to ours, have adopted legislative oversight to ensure that national security efforts are being executed in the best interests of all citizens. In fact, Canada is the only member of the Five Eyes intelligence-sharing alliance with the United States, the United Kingdom, Australia, and New Zealand that does not have any parliamentary oversight of its security and intelligence services.

It is not good enough to simply look at past mistakes and attempt to evaluate where we went wrong. We need proactive, ongoing parliamentary oversight to ensure not only that everything is operating properly but to stop activities that we believe are not in the best interests of Canadians.

Canadians expect a watchdog with teeth. This committee must have full access to classified information, adequate resources, independence, and, subject only to justifiable limits, the power to share its findings with Canadians in an informative and transparent manner.

Without adequate access to information, the committee would not be able to do its job. This work is far too important to do half-heartedly or ineffectively. We will not support creating a committee that simply wastes time and erodes Canadians' trust.

While the Liberals insisted on watering down Bill C-22 to strip parliamentarians' access to crucial information, we believe that committee members must have full access in order to provide full and thorough oversight. When law professor Craig Forcese, from the University of Ottawa, testified at committee, he remarked that "Unless the committee can access information allowing it to follow trails, it will give the appearance of accountability without the substance''.

This is exactly what the Liberal government has become known for: all talk and very little action, no real commitment, just smoke and mirrors, just as we have seen with Bill C-51.

If the government truly believes that there should be a committee of parliamentary oversight of security and intelligence issues, it must stop trying to strip the committee of the ability to do its job effectively.

Since Bill C-51 was introduced in 2015, there has been a true awakening about the balance we expect the government to uphold between our privacy rights and national security objectives. This awakening did not happen overnight. In February 2015, 82% of Canadians supported Bill C-51, but by April, the level of support was down to 33%. The more Canadians learned about the bill, the less they liked it, and for good reason.

It is the New Democrats who fought against a very strong current to make sure that Canadians knew the rights we were all signing off and losing forever. It was politically risky, but we knew it was the right thing to do.

Still, to this day, Bill C-51's broad interpretation allows the government to cast a wide net, with the potential to scoop up union members, environmentalists, and aboriginal rights activists. The language in this bill is so broad that the definition of terrorist was watered down to individuals who practise their legal right to dissent. Under this legislation, police forces have the power to detain people they suspect of planning to break the law. The Canadian Security Intelligence Service will have new powers to arrest. These are only some of the examples of what the NDP stood against, whereas the Liberals in opposition were decidedly unreliable. They flip-flopped, ultimately deciding to amend the bill when they got into power. The problem is that they have not. The government is still playing lip service to its campaign promise. It is disappointing and frustrating that the Liberals are not living up to their commitments on Bill C-51.

To rebuild trust, the committee must be strong, independent, and effective. The current government must fulfill its promise to repeal the problematic elements of Bill C-51. Even the Canadian Civil Liberties Association agrees that legislation is needed to undo the damage done by Bill C-51.

While we agree that oversight of our national security and intelligence apparatus is badly needed, we cannot use such a bill as this one to cover up the inaction on Bill C-51.

The former auditor general has stated that review powers must be proportionate to the intrusiveness of powers wielded by security agencies and that anything less falls short of true oversight. In light of Bill C-51's expansion of security powers, should this committee's oversight powers not also be greater than what was envisioned a decade ago in a previous government's bill?

The original version of Bill C-22 gave committee members substantial access to classified information, but not complete access. Based on expert testimony and study, the public safety committee presented evidence-based amendments to the bill. These amendments aimed to give the committee the powers and access to information it would need to do its job effectively.

Furthermore, the bill aimed to limit the power of the Prime Minister to censor committee reports. Other efforts to amend the bill, like including a provision to elect the chair of the committee, were rejected by the government, even though it had the support of all opposition parties. Despite this, we were happy with Bill C-22 when it was amended. The amended bill fulfilled a crucial campaign promise by both the NDP and the Liberals and ensured that the committee would be both independent and well informed. However, it is clear that the government intends to neglect the evidence-based decisions of the committee and to bring Bill C-22 back to its original, watered-down form.

In The Globe and Mail op-ed on January 27, four national security and legal experts stated this point clearly:

Should the government choose to force a return to the restrictive original bill, it risks potentially undermining a new and historic Parliamentary ability that it has enthusiastically championed.

I strongly urge the government to keep the amendments as made by the committee. These amendments were made after hearing from 25 expert witnesses and with the united support of all opposition parties.

This country needs strong parliamentary oversight of our security and intelligence services that is transparent and accountable and serves the best interests of Canadians. I hope this government will live up to its election promises, respect the work of the committee, and pass this legislation as amended.

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, I am sure the member knows this, and just misstated it. When Bill C-51 was adopted, the Liberal Party was not in government. We were in opposition. It was a Conservative bill.

With respect to why subpoena powers are not being granted to the committee today, I can see pros and cons in both directions. It is always a balance between achieving national security and fundamental transparency and balancing fundamental freedoms.

This is the first time in Canadian experience that we will have such a parliamentary committee, and we should all support it. It is a step forward. There will be a review within five years and we will can learn from the committee's experience during those five years. Perhaps subpoena power will be something that in the future, in that five-year review, may indeed be introduced. I do not believe it is critical at this juncture.

[Scott Duvall, NDP, Hamilton Mountain, ON]

Mr. Speaker, I appreciate my friend's reasoning in trying to justify the bill to convince us to vote for it. However, we have some problems, and I think Canadians want some answers.

When it was Bill C-51, the Liberals at the time said that they would make amendments. Canadians expected an oversight committee that had teeth. This bill handcuffs the committee to do its job properly.

The Prime Minister, the Minister of Public Safety, and nine other cabinet members voted for Bill C-622 in 2014. That bill would have created an oversight committee with full access and subpoena power. Therefore, why is the government now trying to pry these tools out of the hands of this committee when they thought it was better to have it for the committee then?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, I have a lot of respect for the member, but it was his party that forced closure on legislation over 100 times. It was the way the Conservatives operated.

That is not the case with Liberals. We made a commitment to the people of Canada to address poor legislation that the previous Conservative government put forward, Bill C-51. We made a commitment to Canadians to bring a balance of freedom and liberty with security. Bill C-22 addresses that. It is imperative on the government to move forward with that agenda, because Canadians have asked for that.

The member should look at his party's record on closure.

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, it is loud and clear that my hon. colleague is very confident in how this committee is going to proceed. However, Canadians watching are very disappointed in how the government supported Bill C-51. They were promised during the election campaign that the amendments were going to be addressed. However, the bill that has come forward to address this has such shortcomings.

It was mentioned that some experts validated this committee. I want to point out that the Information and Privacy Commissioner of Canada, the Security and Intelligence Review Committee, and the Canadian Bar Association all testified that the oversight committee must not be restricted in its ability to access necessary information. It is really confounding that this committee will move forward and that has been rejected up until now.

Could the hon. member shed some light on why the government rejects expert evidence that access to information is absolutely necessary for this committee to function the way that is envisioned by the government?

[Mark Holland, Liberal, Ajax, ON]

Mr. Speaker, I share my hon. colleague's concerns. Before I address the concerns as they relate to Bill C-51, I will speak to the bill that is in front of us, Bill C-22. It is important to note that there would be a five-year mandatory review. While we are ahead of the Commonwealth and while we think, after the committee's recommendations and the listening that we did across the country, that we have a very good bill, there is a mandatory review process to make sure we could look at how effective this committee is being and how we could improve it. We do not hold this out as perfection, but we do feel that this is the right place to start.

On the issue of changes and when we can expect them, the committee at this very moment is considering a report on the security and intelligence framework. We want to hear from that committee. It has done incredibly important work. It has heard from witnesses across the country. That committee report is going to be a very important input into the minister's overall process on responding. We have very clear platform commitments on what we feel needs to be changed and improved to get right that simultaneous work that needs to be done to protect Canadians and also to ensure that their rights are also protected.

The committee report is coming out. I would expect action by the government very shortly thereafter, informed by that process.

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

Mr. Speaker, I congratulate my friend and hon. colleague, who is now the Parliamentary Secretary to the Minister of Public Safety. I certainly hope that his experience as parliamentary secretary for public safety will not be as frustrating as it was to be parliamentary secretary for democratic institutions. I highly doubt that the government plans to pull the plug on this legislation in the next 24 hours, so it is bound to be a bit more rewarding.

All levity aside, I support this bill. It is an important piece of legislation. It is absolutely the case that when Mr. Justice O'Connor and others testified in hearings on Bill C-51 in the 41st Parliament, the failure of Canadian governments over time to have parliamentary oversight of security operations and security entities was drawn to our attention numerous times. He quoted Craig Forcese, who is one of Canada's leading experts, as is Kent Roach. They would prefer to see additional improvements to this bill, as would I, but I appreciate that important amendments were accepted at committee.

Would the parliamentary secretary be able to give us an update on what is being done to remedy the egregious multiple affronts to security and safety in Canada that came forward in Bill C-51? I opposed Bill C-51, not primarily because it offended Canadian civil liberties, although it does, but because it created silos in the views of people like Mr. Justice O'Connor, where CSIS would have information and have no obligation to share it with the RCMP and no obligation to share it with CSEC. Really, Bill C-51 makes us less safe, and the faster we can get rid of all of its various elements, potentially other than part 2, the better off we will all be.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, this is one piece of legislation where the Conservative Party has clearly demonstrated that once again it is out of touch with reality or, more important, it is out of touch with Canadians.

I have listened to the debate. We have had ministers, parliamentary secretaries to those ministers, the critics of both the NDP and the official opposition, and the leader of the Green Party engage in this debate. There has been opportunity for well over 100 people to get engaged in this debate to date. In fact, 40-plus members have had speeches of 10 minutes or more on the issue.

The Conservatives have made it very clear. Contrary to what Canadians want, they do not support parliamentary oversight. They are voting against the legislation, which is no surprise. When they brought in Bill C-51, they refused to bring in parliamentary oversight. Now, in opposition, they are asking why the Prime Minister has this kind of control.

I would ask the member this. First, could he explain for Canadians why the Conservatives do not support a parliamentary oversight committee? Second, why do they not recognize that this is one of the most robust pieces of legislation of the Five Eyes countries to ensure a strong independence for a parliamentary oversight committee? For example, when we compare New Zealand, the prime minister is the chair of the committee, and there are many other examples I could give.

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, it is an honour to once again rise in the House to discuss Bill C-22, an act to establish the national security and intelligence committee of parliamentarians and to make consequential amendments to certain acts.

We on this side of the House pride ourselves in avoiding easy absolutes and rejecting simple binaries and false dichotomies. The question before us today is not, as some would have us believe, whether we need to prioritize our security on the one hand, or our cherished values on the other hand. Rather, the question before us is quite simple: Is our national security regime working effectively and in a manner that is consistent with Canadian law and values?

Simultaneously balancing these twin objectives, keeping Canadians safe while also respecting and safeguarding our rights and freedoms, are among the most fundamental duties that a government can perform. However, currently that duty does not contain an element of committee oversight, a glaring weakness which puts Canada at odds with accepted international best practices. To that end, in this legislation, we are confident that we have developed a model for robust and comprehensive parliamentary reviews, one that will help build the trust of Canadians in our national security and intelligence activities.

The establishment of the national security and intelligence committee represents the realization of a key 2015 campaign promise. However, I want to stress that it is by no means the only action we are taking to strengthen Canada's national security framework.

First and foremost, we recognize that when it comes to an issue that is fundamental to who we are as a country, it is important that the will of Canadians is reflected as much as possible. As a result, our government has engaged in an unprecedented series of consultations with experts, stakeholders, parliamentarians of all parties, and individual Canadians on issues of national security and civil liberties. These consultations remain ongoing, and as such ensure that our approach to national security remains rooted in meaningful conversation and dialogue.

Second, our government remains committed to addressing the more problematic elements of Bill C-51, as introduced by the former government. Specifically, and largely as a result of the aforementioned public consultations, we remain committed to amending Bill C-51 so as to better protect the right to advocate and protest, and to better define rules regarding terrorist propaganda.

Third, the ever-evolving nature of security threats, as well as the clear need to remain vigilant in defending civil liberties, require that any national security framework not be set in stone. As such, our government has committed to mandating statutory review of national security legislation.

Fourth, our government remains committed to fighting violent extremism in all forms. The recent rise in domestic hate speech and hate crimes, for example, has served as a poignant reminder of the need for vigilance and community outreach to combat domestic violence. The goal here is to coordinate the efforts being undertaken at multiple levels to further enhance our capacity to prevent radicalization and violence, and ultimately make Canada a global leader in this field.

Bill C-22 fits within this pattern of strengthening and modernizing our national security laws and policies. As members have already heard, this bill would establish the national security and intelligence committee, a body comprised of parliamentarians from across parties, to scrutinize all of the national security and intelligence operations of the Government of Canada. Given that there are more than 20 departments and agencies within the Government of Canada that carry out national security-related functions, it cannot be overstated how important this initiative actually is.

The current system of security oversight, such as it currently exists, remains highly fragmented, with non-partisan review bodies, judicial oversight, and ministerial discretion all playing vital oversight roles. While these existing mechanisms will remain independent, untouched, and in place, the creation of a permanent committee will allow for a more comprehensive and reactive security oversight framework. As such, the committee's mandate will be necessarily wide ranging. It will look at not only the legislative, regulatory, administrative, and financial aspects of national security and intelligence, but also the operations and activities that departments and agencies of the federal government undertake in the name of national security.

To carry out this vital role, committee members would be given broad access to classified information with appropriate safeguards and exceptions, as well as leeway to examine matters they deem worthy of examination. Importantly, Bill C-22 would allow the committee to analyze and study laws, policies, and operations in real time, increasing the discipline, responsiveness, and accountability of our security framework. With the establishment of this committee, we would close what has amounted to an important accountability gap, one that has existed in Canada for far too long. It would also allow Canada to at long last count itself among its Five Eyes partners and other western countries that have long had parliamentary review of national security and intelligence activities. Clearly, this represents an extraordinary responsibility, and as a result would require checks and balances. I believe that the safeguards embedded in Bill C-22 strike this balance.

Furthermore, I believe that an already strong piece of legislation has been generally strengthened by the exemplary work done at the committee stage. It is important to reiterate that the government has accepted the vast majority of amendments put forward by the public safety committee. In particular, members will recall that the second reading version of the bill said that the new committee could not have access to information about ongoing defence intelligence activities, privileged information under the Investment Canada Act, and certain information collected by the Financial Transactions and Reports Analysis Centre of Canada. The public safety committee, wisely in my opinion, recommended amendments giving the new committee access to this information. The bill is stronger as a result, and I would like to thank the committee members and expert witnesses for all their hard work.

I also believe that this legislation has been strengthened by the additional report stage amendments introduced by the government House leader. In particular, by further amending clause 14 of the bill, the government has reinstalled important safeguards designed to protect vulnerable intelligence sources and reduce the risk of political interference in security operations. Finally, the restoration of clause 16 of Bill C-22 would realign Canada's security framework with similar provisions in place among our Five Eyes allies.

Let me end my remarks by getting back to where I started. It is vital that this esteemed institution has a clearer view into the national security and intelligence functions of the federal government. By establishing the national security and intelligence committee of parliamentarians, we would finally open that window, and we would do it responsibly. This initiative would serve Canadians and our democracy well. I therefore call on all members for their support tonight.

Report Stage

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, normally I would say that I am pleased to rise in the House to take part in the debate on Bill C-22, a bill that the NDP supported at second reading. However, under the circumstances, with the rejection of most of the changes that were made in committee, contrary to what the minister claims, and only one hour after the adoption of a time allocation motion, I am far from pleased to take part in the debate on this matter.

Bill C-22 is important, especially for the Liberals, considering it is central to the intellectual backflips they have been doing for three years now to justify their support for Bill C-51, passed in the last Parliament under the Stephen Harper government. The Liberal government has been in power for almost a year and a half now and we have barely completed this stage. It is worth mentioning, even if this is an issue for another debate on another day, that there is still no legislative measure on the table to right the wrongs created by Bill C-51 regarding rights and freedoms.

That said, this is still a very important matter. Since Bill C-51 was passed and, I would venture to say, even before, many commissions of inquiry have been formed after various incidents in connection with the work of national security agencies. There is one very clear finding: Canadians have lost a great deal of confidence in our national security agencies. This issue obviously affects our rights and freedoms, as well as our privacy, given the rapid advances in technology. However, this is also a matter of national security because, after all, if the public has no confidence in its agencies, it is difficult for them to do their work effectively and appropriately.

In principle, Bill C-22 is a good first step, and I can say that the minister is right about that. It is something that we should have had for a very long time. That said, very serious problems with the bill were raised in committee. A number of amendments would have gone a long way—even though they would not have made the bill perfect—to at least allowing parliamentarians to do their work better and to start off on the right foot.

We can see that, and we have often heard the Minister of Public Safety and Emergency Preparedness and the Leader of the Government in the House of Commons come back to one point. They say that this is new for Canada, that other countries have had more time to learn, and that we have to give ourselves some time. We are already some way ahead compared to other countries, but there is a problem. For example, look at how the chair of the committee is elected. In Great Britain, the committee chair is not only elected, but he is also an opposition member. As justification for not electing the committee chair, we are told that, in Great Britain, the committee has existed for a number of years now and that they decided to make changes only after a certain period of learning and becoming used to it. Here, clearly, as we have just heard, the minister is relying on a legislative review that will take place in five years.

However, why not apply now what we learned from our allies? Why relearn the lessons of the past? I have a theory, without wanting to spread conspiracy theories. When this nice job, which comes with a salary on top of an MP's salary, is announced a year in advance, it is difficult for the Prime Minister to break his promise to the Liberal member who had the good fortune to secure this great position. Therefore, I would say that this is why we were not listening to the opposition amendments or the testimony of the chair of the British committee who offered this extremely important point for the credibility of the committee. All the technical issues on the form could be addressed, but credibility is also very important, to get back to the point I made at the outset, which is the public trust in our national security agencies.

It is not just me saying this. I want to come back to the column in The Globe and Mail, co-written by professors Wesley Wark, Kent Roach and Craig Forcese, professors the minister likes to quote to talk about the importance of this first step that has been completed. In speaking of the amendments passed in committee, they said:

Should the government choose to force a return to the restrictive original bill, it risks potentially undermining a new and historic Parliamentary ability that it has enthusiastically championed. Failure to reach agreement with Parliament

—not the Liberal caucus, but Parliament—

on this issue also imperils non-partisan support for future national-security reforms and changes to other elements of the review system for national security.

When we hear that and with the majority of the amendments having been thrown out and a time allocation motion having been thrown in to boot, it is difficult to see a path forward that would allow the committee to have that credibility and non-partisan environment it so desperately needs. The committee needs that not only to do its work, but also--as I said, and it is worth repeating--in order to gain the public's trust so the public can begin trusting the work that is being done by the national security agencies. This is a key element, and the government is clearly failing on that front.

I want to come back to the two examples I mentioned in the questions I have asked the government since the debate began this morning, specifically regarding the time allocation motion and the bill itself. The issue of ongoing investigations has often been raised. That is one of the restrictions we tried to lift through our amendments.

Indeed, the two most striking examples of investigations into human rights violations that are worthy of examination by a body such as the one this bill proposes are the Air India inquiry and the Afghan detainees investigation.

These are still open investigations, so technically, they are still ongoing. Under this bill, however, the committee of parliamentarians will not have the authority or the power to gather intelligence or conduct investigations. Thus, various pieces of information revealed in the media recently and many questions raised in the House for many years now could never have been raised. That is problematic, because it undermines the committee's mandate.

Once again, this brings us to the public's confidence in the committee and its work, and by extension, in the work of our national security agencies. That is the theme of my speech, as members will soon see.

When the government talks about some of the other issues that we raised in committee, it is important to note that for us, one point that has been clear is the restriction on access to information and the obvious solution is to limit it to cabinet confidence. With respect to everything else, we have to trust these parliamentarians, and the minister alluded to that issue. These parliamentarians will be sworn to secrecy and could potentially face jail time if any of this information is leaked.

The government's approach seems to be one of not trusting the parliamentarians who will sit on this committee and who will literally never be able to talk about any national security issues in the public space. When the government House leader or the Minister of Public Safety stand and tell us not to worry because the committee can use the bully pulpit if ever it feels it is unable to do its work behind closed doors, that is just not true. It is critical for Canadians to understand that.

Moreover, we talk about compromise and the importance of this being a non-partisan process. We hear the government say, “Well, the NDP proposed 13 amendments. The Liberals proposed 16. The Bloc proposed nine. The Green Party proposed two. We adopted two of those amendments so we are in the clear and everything is all right.” It is critical that the government look at the broader picture and the public trust.

I move, seconded by the member for Jonquière:

That Motion No. 3 be amended by deleting paragraph (a).

Bill C-22--Time Allocation Motion

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Madam Speaker, first I hear that there had been no impasse in committee. Then I learn the all of the committee's recommendations were rejected. The report was not accepted as my colleague said.

The Liberals promised during the election campaign that they would lessen the negative effects of Bill C-51. They had also promised more transparency. However, in addition to gutting the bill, they are imposing time allocation. They are trying to sweep everything under the rug and make the issue disappear as quickly as possible. Twice, the people were let down. We call that a double whammy. It is very disappointing to Canadians.

How can Canadians trust a government that breaks so many promises? It is no surprise that people are so cynical about politicians.

[Murray Rankin, NDP, Victoria, BC]

Madam Speaker, I join with my colleague from the Conservative Party, the official opposition, in registering serious concern about the government's actions today.

The experts we have talked to on security and intelligence issues are frustrated by the fact that these amendments, done at the last moment at report stage, weaken the oversight that is available. That we would proceed with only government support for such a critical initiative on national security and intelligence is a matter that should disappoint all Canadians. This is the government's sole response to the controversial Bill C-51, which the Liberal government, while in opposition, supported. They agree that these amendments would weaken the job parliamentarians would be asked to do.

Why is the government not willing to allow time for all parties to try to seek consensus on this bill? My colleagues and I are standing ready to work with the hon. House leader and with these experts. Why is the government refusing to work with us?

National Security and Intelligence Committee of Parliamentarians Act

[Adam Vaughan, Liberal, Spadina—Fort York, ON]

Mr. Speaker, this is not the first time that I have faced this line of questioning from the New Democrats, so I have a prepared answer for this.

First of all, Bill C-51 did a few things right. The modification to the no-fly list to prevent people from getting on airplanes, as opposed to simply stopping hijacking situations, was a very important transition that needed to be understood. We no longer had a no-fly list that dealt with what might happen on an airplane, but what might happen when the airplane landed and people deployed into other countries. We should not be exporting fighters into foreign wars where national interests and national security are quite clearly at stake. We need to manage that differently, and that is what some of the changes in Bill C-51 did.

There were a number of small changes like that. Expanding preventative detention by a number of days was prudent in light of the complexity of the way that attacks were materializing. It required a different thinking and approach to how we use preventative detention. That is not unlike the way in which some Criminal Code provisions in this country already operate. It simply was extended to areas of terrorism and national security. Those were some of the fine points that we found needed to be strengthened as we started to embark upon changes to Bill C-51. We thought they were quite clearly important.

This is the third time that this Parliament has tried to deal with civilian oversight of our security agencies. The NDP has never once supported civilian oversight when it has been on the floor for a vote.

My question to the NDP is this. How do you protect democracy without civilian oversight? Why has that party historically voted against every single proposition put forward by this party in this House when the opportunity has arisen? Why will the New Democrats not strengthen it incrementally? Why do they leave it in the hands of experts instead of the public, where it should be if we are to have true civilian oversight?

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for his contribution to the debate.

Bill C-22 is meant to be a direct response to Bill C-51. In fact, when we were debating Bill C-51, my Liberal colleagues often brought up this issue. They said that we needed to ensure some kind of parliamentary oversight of Canada's intelligence organizations. However, they went ahead and supported Bill C-51 anyway, even though the Conservative bill included no such measures.

Why did the Liberals support that bill in the first place, and why did they trust the Conservatives or the next government to fix the part of the legislation that deals with parliamentary oversight?