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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the more I go through the bill, the more I have to wonder if this omnibus legislation should not be called the national information sharing and intervention against ordinary Canadians act.

What is most concerning to Canadians and experts, particularly legal experts, privacy experts, and anti-terrorism experts, as they go through the bill is the fact that the government has put together a lot of measures that go far beyond the measures to be expected in responding to terrorism threats. One such person is the Privacy Commissioner of Canada, who has warned that the act may allow departments and agencies to share the personal information of all individuals, including ordinary Canadians, who may be suspected of terrorist activities. He is deeply concerned. He says that the bill is not clear about whose information would be shared with national security agencies, for what specific purpose, and under what conditions, including applicable safeguards.

I need only point out to the hon. member that the first part of the bill, the security of Canada information sharing act, lists nine instances when activities arise when information can be shared between agencies. Only one of those nine is terrorism. The other eight situations have nothing to do with terrorism. The government is going to allow all of these agencies to share information, and there are no clear criteria, as pointed out by the Privacy Commissioner.

Could the member advise if the Privacy Commissioner was questioned, was met with, was consulted in drafting this legislation? If so, what was his advice?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, the question was about the nine agencies listed.

I gave the example, in my speech, of Canada Border Services Agency. If a Canadian was suspected of being a terrorist, this legislation would allow CBSA, at its discretion, to share that information with the relevant authorities. It would give law enforcement agencies the tools they need.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, people outside of this chamber, even beyond our borders, have recognized that there are issues related to the protection of rights and individual freedoms. People have legitimate concerns. As a political party, we have been pushing having parliamentary oversight as one of the mechanisms that would ensure that the rights and freedoms of individuals were protected.

Why does the government appear to be so adamantly opposed to what other countries, such as the United States, England, and Australia, have already done and put in parliamentary oversight? Why does the current government want to prevent Canadians from having the same sort of oversight other nations already have? I do not understand the Conservatives' logic.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, when I spoke I mentioned the independent review agencies that are responsible for the robust oversight of the anti-terrorism measures CSIS would take. The obvious one is SIRC, the Security Intelligence Review Committee. There are the Office of Communications Security Establishment Commissioner, the Civilian Review and Complaints Commission, the Privacy Commissioner, and the Auditor General. It was decided years ago, when there was a Liberal government in Canada, that the oversight should be independent and third party, as opposed to being done by parliamentarians.

What we need to remember is that Canada is being targeted because these terrorists hate our society and what we stand for. This legislation would give our law-enforcement and security agencies the tools they need to deal with this very real threat.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, we all recognize the serious threat posed by terrorism. It poses a very real threat that we need to address in a thoughtful, effective manner.

Unfortunately, not only does Bill C-51 leave out measures that have proven effective against radicalization and terrorism, but it also contains provisions that pose a threat to our freedoms and our democracy.

It goes without saying that Canada needs to identify and stop potential terrorist acts. However, we already have the mechanisms needed to do so. Our institutions have powers allowing for surveillance, intelligence gathering, immigration checks, preventive detention, arrest and imprisonment. What they do not have are the resources needed to enforce the existing laws.

Jeff Yaworski, the assistant director of operations at the Canadian Security Intelligence Service, told the Senate Committee on National Security and Defence that, because of limited resources, CSIS is incapable of properly monitoring the 80 Canadians suspected of being terrorist sympathizers who went abroad and then returned to Canada. CSIS therefore does not have the resources it needs.

The Commissioner of the RCMP, Bob Paulson, also testified at the Standing Senate Committee on National Security and Defence, and he said that resources were also an issue for the RCMP-led integrated national security enforcement teams. He said:

...over 300 additional resources were transferred in to enhance the capacity of INSETS from other federal policing priority areas such as organized crime and financial crime.

Despite our legislation and our systems, we are lacking resources. We are being forced to give up on things such as fighting organized crime—another security issue—rail safety, food safety and public safety. The Conservative government is doing a poor job of dealing with these issues.

Instead of allocating resources where they are needed, this government has introduced a bill with such vague terms that it would allow the government to legally spy on its political enemies or civil society groups that are opposed to the government's political plans.

Under this bill, anything that interferes with Canada's economic or financial stability or infrastructure or undermines Canada's territorial integrity may be considered an activity that undermines national security.

A Federal Court judge, at an in camera meeting where only the government is represented, could authorize the Canadian Security Intelligence Service to take any appropriate action warranted by the circumstances in order to reduce threats to Canada's security. We want to reduce threats to Canada's security. However, the definition in this bill is so broad that it no longer has anything to do with terrorism. Furthermore, the judge could authorize these measures even if they breached the law and the Canadian Charter of Rights and Freedoms.

Does this mean that a protest against an oil pipeline, for example, could be considered as interfering with infrastructure and thus a threat to our security? Could this be considered terrorism?

The Minister of Public Safety and Emergency Preparedness is always telling us that the act does not apply to lawful protests or artistic expression. However, in Montreal, major protests are sometimes declared unlawful when in progress because the participants did not want to provide the route. Does that make them terrorists? These protests often take place in the riding that I am pleased to represent.

When an environmental group climbs a tower to put up a banner, that does not represent a threat to Canada, but it does not fall within the Minister of Public Safety and Emergency Preparedness's definition. We have to wonder whether this leaves the door wide open to spying on these individuals and taking what the government calls preventive measures.

We can see how this government treats people who oppose it. The Canada Revenue Agency is practically harassing people, the government is cutting funding and there are all kinds of other measures. A lot of people, from environmentalists to aboriginal groups to various civil society groups, are very concerned, and rightly so.

Meanwhile, the whole bill is very vague. It proposes that we make it illegal to promote terrorism in general. Of course no one wants to promote terrorism, but why add “in general”? For example, will this affect journalists who might give very neutral and objective reports on what groups considered terrorist groups are demanding? Will that fall under this category? The bill is not clear. That is why people are worried.

What is worse, the bill gives the Canadian Security Intelligence Service police powers, without any explanation for why this is necessary. In the 1970s, after a number of cases of abuse, in particular in response to the events of the October crisis, the government rightly separated intelligence services and police services for good reason, after detailed analyses. Now, all of a sudden, this government wants to give police powers back to the intelligence services, which have an essentially secret mandate and much less public accountability. That is why a respectable newspaper like The Globe and Mail, which no one can accuse of anarchism or leftism, talks about the Prime Minister's secret police.

Lastly, to top it all off, although the bill grants additional powers to the Canadian Security Intelligence Service, it does not contain any measures to enhance oversight, although that is definitely necessary. This could put us in line with many of our partners and allies who also have mechanisms of oversight by elected representatives, to ensure that all mechanisms are working. We know that the existing oversight body is working with limited resources. It has not always been able to obtain the relevant information from the Canadian Security Intelligence Service. We also know that the Prime Minister appointed Arthur Porter to lead that body, a man who is now facing numerous charges himself.

I only have a minute left but I want to point out that, while President Obama invited representatives from around the world to Washington last week to discuss community-based initiatives to prevent radicalization, this bill is completely silent on that topic. It is an extremely important issue, however. We must work on prevention.

As a final point, since I do not have time to talk about everything here, I want to say that it is important to have a debate in the House. It is extremely important for Canadians to really understand this major issue that we are dealing with. However, it is clear that the government is constantly muzzling us with its many gag orders.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to continue on a point that I think is important. The member from St. John's East said earlier today that the NDP is “clearly not going to support” this legislation, “nor would we keep [it] in place if it is passed.”

That is what the NDP is saying inside the House of the Commons.

Outside of the House of Commons, the leader of the New Democratic Party says something different. He does not say that the NDP is going to scrap the legislation; he said in a interview with Tom Clark of Global News that the NDP would change it.

Does the member not see the inconsistency in what the NDP is saying inside the House versus what it is saying outside the House? Perhaps she could provide some clarification on that point, not on how the NDP is going to vote on this legislation but what it would do if it passes. Would the NDP scrap it or would it amend it? One member says inside the House that the NDP will scrap it, but the leader says they would change it.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I think we have been very clear. We do not like the legislation. When we form government, we are going to change it, because we do not like it. We are going to vote against the legislation.

I think it is a bit rich for the member to talk about something like incoherence when his party says that it does not like the legislation but is going to vote for it anyway.

As they say, “we see the mote in our neighbour's eye, but not the beam in our own”.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I noted that at the outset of her remarks on the bill, my colleague raised concerns that have been raised by a number of people, including the Commissioner of the RCMP. They are concerned about the shortage of resources and the RCMP's having to second additional people in just to deal with the mandate they have currently.

It would be of interest to the House that I had a constituent come to me deeply disturbed because the RCMP, which was about to file charges with the prosecutors in a serious securities fraud case, suddenly wrote to my constituent to say it was not undertaking that case because it was not going to be continuing its commercial crime sections. There is now this new division called “federal serious and organized crime”. That raises the concern that the RCMP, our main national investigation authority, is already facing serious problems.

Is the current government now turning to CSIS to fill some of that vacuum, or are we going to have a problem that the main body that we have appointed and have appropriate controls on is now no longer able to deliver its mandate because it is under-resourced?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I think that the lack of resources is a critical point, and that is very typical of the Conservative government. They have a lot to say, and they want to make sure everyone hears them, but they do not follow up with resources or action. The first thing they need to do is provide resources. The case that my colleague talked about is very interesting.

As to the fight against online pornography and child pornography, the people across the way talk an awful lot, but they are not coming up with the resources needed to do the work, even though that is critical.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, the first part of Bill C-51 provides definitions of terrorist activities. The definitions are so vague they could potentially cause problems. For example, a Canadian journalist interviews a terrorist leader abroad, then runs the interview in Canada: that is a terrorist activity. A group of fishers who think the environment in their region is in jeopardy decide to use their small boat to stop an industrial activity in local waters: that is a terrorist activity. A Canadian public servant deems the clandestine operations of security forces to be undemocratic and he blows the whistle to opposition politicians: that is terrorism. Canadian academics, researchers, travel abroad, discuss global warming and share Canadian information: that is terrorism.

Is that acceptable in a free and democratic society?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I thank my colleague for the question. As there is not very much time left, I will not repeat all the examples he provided.

Indeed, this is the concern. The bill is so vague that it can give rise to just about anything. Just yesterday, people in my riding told me that they did not trust the Conservative government at all, knowing what it is capable of.

[The Acting Speaker, Conservative, Barry Devolin]

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Algoma—Manitoulin—Kapuskasing, Status of Women.

Resuming debate, the hon. member for Elmwood—Transcona

[Lawrence Toet, Conservative, Elmwood—Transcona, MB]

Mr. Speaker, I am pleased to speak to Bill C-51, the anti-terrorism act, 2015.

This is not the first legislation that the Government of Canada has introduced to keep Canadians safe from terrorist acts. Following the terrorist acts of September 11, 2001, Parliament passed the Anti-Terrorism Act, which provided a good response to the terrorist threat as it was then. However, if we fast-forward 14 years, we can see that a lot has changed in the threat environment

Today we know that groups, like the Islamic State of Iraq and the Levant, are actively encouraging their followers to carry out acts of violence against western nations, including Canada. We know that individuals in Canada are radicalizing to violence, advocating for others to join them, and attempting to leave Canada to train, recruit and participate in terrorist activities abroad. The recent arrests and terrorism-related charges laid by the RCMP of individuals in Ottawa and Montreal are a testament to that reality.

It is clear that the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because the terrorists hate our society and the value it represents.

Jihadi terrorism is not a human right; it is an act of war. That is why our Conservative government has put forward measures that protect Canadians against jihadi terrorists who seek to destroy the very principles that make Canada the best country in the world to live.

In order to effectively deal with these rapidly changing threats, our anti-terrorism laws must change as well. That is why we have made it a key priority to introduce measures in recent months to give our national security agencies the tools and resources they need to keep Canadians safe from terrorist threats.

This includes passing the Combating Terrorism Act to make it a criminal offence to travel for the purpose of terrorism. It includes passing the Strengthening Canadian Citizenship Act to establish a new authority to revoke Canadian citizenship from dual nationals who are convicted of an act of terrorism. It also includes introducing the protection of Canada from terrorist act to confirm that the Canadian Security Intelligence Service can conduct its intelligence gathering on threats to Canada outside of our borders.

We continue to take proactive measures to counter violent extremism, working closely with leaders in communities to help them identify early warning signs of radicalization to violence and build resiliency against the terrorist narrative being broadcast from extremist groups around the world. The legislation before us is one more way that we are addressing the terrorist threat.

The elements within the bill fall under the purview of the Minister of Public Safety and Emergency Preparedness and the Minister of Justice. However, for my time today, I will look in more detail at the elements that fall under the Minister of Public Safety and Emergency Preparedness. Those elements will strengthen Canada's national security in a number of ways.

First, the bill would create the security of Canada information sharing act, which would improve how information related to national security would be shared across federal departments and agencies. As it stands today, some information that could be critical to a national security investigation, such as immigration records or passport information, cannot be shared by the agencies involved due to legal restrictions in place. This new act would remedy this by removing specific prohibitions and giving federal institutions the authority to share information as it relates to national security in a responsible manner that respects both the need to keep Canadians safe and to safeguard their privacy rights.

The bill would also enact the secure air travel act, which contains measures to address terrorist travel. As I mentioned at the outset, we know that individuals are leaving or attempting to leave the country to take part in terrorist-related activities. With a stronger passenger protect program in place, authorities would have more tools to help them address these threats, including the ability to deny boarding or ensure the individual would be subject to additional physical screening at the airport.

Under the secure air travel act, the Minister of Public Safety and Emergency Preparedness and the Minister of Transport would work together to ensure individuals who caused a security risk would be identified and that air carriers would be taking appropriate actions, as directed, to manage these risks.

The legislation also contains measures that would enhance the mandate of CSIS.

As we have heard during debates on the protection of Canada from terrorist acts, CSIS is a key security agency that works abroad to collect and report intelligence on threats to the security of Canada outside of our borders. We believe it must be given an expanded mandate to move beyond being Canada's note takers. As such, this bill proposes to provide CSIS with the authority to actively disrupt threats to the security of Canada, within Canada or outside Canada. The new authorities of CSIS will be subject to robust safeguards to ensure that they are used responsibly, proportionately and, most important, in a manner that is consistent with the CSIS Act, the Canadian Charter of Rights and Freedoms and the fundamental principles of democratic accountability that Canadians expect.

Finally, I will speak to the changes proposed to Division 9 of the Immigration and Refugee Protection Act, IRPA. As we have heard, Division 9 of IRPA, although not used frequently, can help the Government of Canada ensure that non-citizens who pose a threat to our national security are denied entry or status. To this end, the legislation before us includes limited changes that would ensure Division 9 would continue to be used in a fair and effective manner, while better protecting classified information used in immigration proceedings.

The bill accomplishes this by proposing two changes.

First, it would authorize the Minister of Public Safety and the Minister of Citizenship and Immigration to appeal or seek judicial review of orders to publicly disclose classified information while a proceeding is under way. This is critical because, today, the ministers have to wait until the proceeding is finished before being able to appeal. This new authority would halt the public disclosure of classified information until a determination of a potential harm of disclosure could be made.

Second, the bill proposes changes to the law in order to clarify the information that forms part of Division 9 cases before the Federal Court and the Immigration and Refugee Board. With this change, only specific information can be included as part of the proceedings. This means information that is relevant to the case, information that the government relies on to make its case and information that allows the non-citizen to be reasonably informed about the case.

The bill before us is another important initiative to strengthen our country's national security. It will complement our existing counterterrorism measures and demonstrate Canada's leadership in taking a proactive stand against acts of terror.

I urge all members to support the anti-terrorism act, 2015.

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, the anti-terrorism bill was introduced last Wednesday and the government introduced time allocation after only three speakers. We had less than one full day of debate and the government introduced time allocation.

Personally, I will not have an opportunity to speak to the bill. I have heard concerns about this bill in my riding, concerns about the lack of oversight and how the line between security and freedom has been blurred, and that is dangerous.

Again, the government has now introduced time allocation or closure on a bill 88 times, the most in history.

My question for the member is pretty straightforward. Why will the government not allow me to speak to the bill? Why is it limiting debate? If the hon. member could direct his answer to the people of St. John's South—Mount Pearl, they would love to hear the answer.

[Lawrence Toet, Conservative, Elmwood—Transcona, MB]

Mr. Speaker, the first thing the member should do is speak to his whip as to why he is unable to speak to this. It is not my role to play as to his whip's choice of who will speak to a particular bill.

We so often hear this discussion about limited time. I have sat in the House over the last number of days listening to the members opposite speaking to this, spending half their time crying about the lack of time. If they would actually use their time wisely, maybe they could make the points they claim they are unable to make on the legislation.