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.

November 30th, 2017 / 10:20 a.m.
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Director and General Counsel, Criminal Law Policy Section, Department of Justice

Douglas Breithaupt

It's important to realize that the counselling offence, as proposed in Bill C-59, is an offence that would be subject to prosecution. The “terrorist propaganda” definition applies to a system within the Criminal Code.

Former Bill C-51 created two new warrants in the Criminal Code, one allowing for the seizure and forfeiture of terrorist propaganda in a tangible form, according to the definition, and the other allowing a peace officer to come before a judge to seek a warrant for the deletion of terrorist propaganda from a website that's available to the public through a Canadian Internet service provider. The terrorist propaganda definition applies to these warrants, as well as under the Customs Act, because it allows terrorist propaganda or prohibited goods under the Customs Act.

November 30th, 2017 / 10 a.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

What we've done has in effect made it more difficult to have an impact on national security by going back to even before Bill C-51. Is that what you're saying?

November 30th, 2017 / 10 a.m.
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Douglas Breithaupt Director and General Counsel, Criminal Law Policy Section, Department of Justice

Thank you very much for the question.

Yes, Bill C-59 would propose to revert one of the thresholds to what it was before former Bill C-51. There are two thresholds: that the peace officer have, first, reasonable grounds to believe that a terrorist activity may be carried out, and second, reasonable grounds to suspect that the imposition of a recognizance with conditions or the arrest of the person is, as it currently reads, “likely to prevent the carrying out of the terrorist activity”.

This bill proposes to change that phrasing to “be necessary to prevent the carrying out of the terrorist activity”. This would restore that particular branch of the test to what it was originally, with the Anti-terrorism Act of 2001, and that's attached to the branch of the test that's “reasonable grounds” to suspect. It would require the police to present evidence of a greater link between the conditions to be imposed on the person or the arrest of the person and the prevention of terrorist activity.

November 30th, 2017 / 9:45 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

If I've understood you correctly, Minister, on the definition of “terrorist propaganda”, in Bill C-51 it was so particular that it made it restrictive. Is it fair to say that it was ineffective and relatively unusable? Is that a fair criticism?

November 30th, 2017 / 9:40 a.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

The most prominent issue that emerged from Bill C-51 was the original wording of what became section 12.1 of the CSIS Act, which implied, by the way the section was structured, that CSIS could go to a court and get the authority of the court to violate the charter. Every legal scholar I've ever heard opine on this topic has said that is a legal nullity. An ordinary piece of legislation such as the CSIS Act cannot override the charter. The charter is paramount. However, the language in the way section 12.1 was structured left the impression that you could go to the court and get authority to violate the charter.

In the language change that we have put into Bill C-59, first of all, we have specified a list of disruption activities that CSIS may undertake with the proper court authorization, but when they go to the court to ask for authority, the ruling they're asking for from the court is not that it violate the charter, but that it fits within the charter, that in fact it is consistent with the Canadian Charter of Rights and Freedoms, including clause 1 of the charter.

That's the difference between the structure of the old section and how we've tried to make it clear that the charter prevails.

November 30th, 2017 / 9:25 a.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

That's always difficult to predict, Mr. MacKenzie, as you know.

In the example I used in my remarks, I think my answer to your question would be, yes, in the tools that are available to deal with terrorist propaganda. The problem with the language in Bill C-51 was that it was very broad, and in the language of lawyers in court, it was so broad that it was vague and unenforceable.

If you recall, there was some discussion during the election campaign in 2015 that the language in that particular section might have been used to capture certain election campaign ads, which obviously wasn't the intention of the legislation.

We've made it more precise without affecting its efficacy, and I think we made it more likely that charges can be laid and successfully prosecuted, because we have paralleled an existing legal structure that courts, lawyers, and prosecutors are familiar with, and that is the offence of counselling. Clearly, it doesn't have to be a specific individual counselling another specific individual to do a specific thing. If they are generally advising people to go out and commit terror, that's an offence of counselling under the the act they way we've written it.

November 30th, 2017 / 9:25 a.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Thank you, Chair.

Thanks to the panel for being here.

With all due respect, Minister, Bill C-51 was passed a few years ago, and I think that it received widespread support in the House. I believe you voted in favour of it. I think that it did make some changes that at the time were appropriate. Now in review three years later, we're looking at essentially a review. This is not a total rewrite, I think you would agree, of the original bill, but it does add some ingredients that are probably important.

When you mention the law expressly prohibiting protest and advocacy and so on, will the changes in the new bill result in charges that were not allowed for in Bill C-51? Have we enhanced the probabilities of prosecution in Bill C-59 over Bill C-51?

November 30th, 2017 / 9:10 a.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Thank you, Mr. Chair.

Minister, thank you for being here.

I want to point out a couple of things for the record before we get going.

A lot has been made about our ability to study the bill more thoroughly by doing this before second reading, but at the end of the day, we still only get you for one hour on a 138-page bill. Certainly, I want to express some disappointment about that. At the end of the day, beyond the question of scope of amendments, it doesn't necessarily allow us more space to study quite an extensive bill, as you can see from the size of our binders.

The other thing I want to mention in this notion of unscrambling eggs is that certainly I have no doubt of the ability of the justice department to do what my colleague Randall Garrison did in his Bill C-303, which is on the order paper right now and which repeals in its entirety all of the provisions that were brought in by former Bill C-51. I would argue the notion that it is unfeasible is incorrect, because we have been able to develop such a bill.

Those things being said, I do have questions.

The first one I want to get to is the changes to CSE in part 3 of the bill, in proposed subsection 24(1), in paragraphs (a) and (b) specifically, where we talk about “acquiring, using, analysing, retaining or disclosing publicly available information”. That section specifically mentions “Despite subsections 23(1) and (2)”, which are the subsections that are specifically protecting those actions from being done to Canadians and in Canada. Therefore, my understanding is that it obviously means that, for any of this data being acquired in this way, these actions can be done to Canadians and in Canada.

I just want to understand here, because certainly the argument can be made that it's publicly available information and that's too bad for people who maybe don't manage their social media very well. However, a few things are of concern, specifically language like “disclosing...information”, and who that—

November 30th, 2017 / 9 a.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Thank you, Mr. Chair.

Thank you, Minister Goodale, for being here this morning, and to your team.

I want to compliment you and the ministry on bringing this to committee before second reading. I suppose I'm naive in my newness about the intent behind that, and I hope to understand that better, appreciating the fact that it will give us, as a committee, an opportunity to look at the bill in its entirety without being locked into the scope, as you mentioned before.

One of the things I find encouraging is that the bill looks at a number of factors that I guess were not considered fully in Bill C-51. This is a complement to that, which is very good. When you decided to bring this back to committee before second reading, it made me feel as if there were some things you recognized as a ministry that we can make better. We can maybe do some tweaks to it that hadn't been done when it was first drafted.

Is there anything that comes to mind that you would ask us, as a committee, to pay particular attention to that hasn't already been dealt with?

November 30th, 2017 / 8:55 a.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

The short answer, of course, is that Bill C-51 as a single piece of legislation no longer exists. It is now embedded in other pieces of law and legislation that affect four or five different statutes and a number of different agencies and operations of the Government of Canada. It's now a little bit like trying to unscramble eggs rather than simply repealing what was there before.

Based on the consultation that you referred to, we meticulously went through the security laws of Canada, whether they were in Bill C-51 or not, and asked ourselves this key question. Is this the best provision, the right provision, in the public interest of Canadians to achieve two objectives—to keep Canadians safe and safeguard their rights and freedoms—and to accomplish those two objectives simultaneously?

We honoured our election commitment of dealing with five or six specific things in Bill C-51 that we found particularly problematic. Each one of those has been dealt with, as per our promise, but in this legislation we covered a lot of other ground that came forward not during the election campaign but as a part of our consultation.

November 30th, 2017 / 8:55 a.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Thank you, Minister, for coming today.

The security framework is something that is very important to my constituents. As part of the consultations that took place, I held a meeting in my riding to which many people came. It was well attended. What came through were some very strong concerns about ensuring privacy rights and charter rights. That frames a bit of what I'm getting at with some of the questions I'm asking today.

The first is one you touched on briefly. Many people have come and asked me why do we not simply repeal the former Bill C-51 from the prior government, the prior Parliament. Why is any new legislation required? Why not just repeal it and leave it as it is?

November 30th, 2017 / 8:45 a.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

I will, Mr. Chairman. Thank you very much to the members of the committee for their work as they are about to begin clause-by-clause study of Bill C-59, the national security act.

I am pleased today to be accompanied by a range of distinguished officials in the field of public safety and national security. David Vigneault, as you know, is the director of CSIS. Greta Bossenmaier, to my right, is the chief of the Communications Security Establishment, and the CSE is involved in Bill C-59 in a very major way.

To my left is Vincent Rigby, associate deputy minister at Public Safety. I think this is his first committee hearing in his new role as associate deputy minister. Kevin Brosseau is deputy commissioner of the RCMP, and Doug Breithaupt is from the Department of Justice.

Everything that our government does in terms of national security has two inseparable objectives: to protect Canadians and to defend our rights and freedoms. To do so, we have already taken a number of major steps, such as the new parliamentary committee established by Bill C-22 and the new ministerial direction on avoiding complicity in mistreatment. That said, Bill C-59 is certainly central to our efforts.

As I said last week in the House, this bill has three core themes: enhancing accountability and transparency, correcting certain problematic elements in the former Bill C-51, and ensuring that our national security and intelligence agencies can keep pace with the evolving nature of security threats.

Bill C-59 is the product of the most inclusive and extensive consultations Canada has ever undertaken on the subject of national security. We received more than 75,000 submissions from a variety of stakeholders and experts as well as the general public, and of course this committee also made a very significant contribution, which I hope members will see reflected in the content of Bill C-59.

All of that input guided our work and led to the legislation that's before us today, and we're only getting started. When it comes to matters as fundamental as our safety and our rights, the process must be as open and thorough as it can possibly be. That is why we chose to have this committee study the bill not after second reading but before second reading. As you know, once a bill has passed second reading in the House, its scope is locked in. With our reversal of the usual order, you will have the chance to analyze Bill C-59 in detail at an earlier stage in the process, which is beginning now, and to propose amendments that might otherwise be deemed to be beyond the scope of the legislation.

We have, however, already had several hours of debate, and I'd like to use the remainder of my time to address some of the points that were raised during that debate. To begin with, there were concerns raised about CSIS's threat reduction powers. I know there are some who would like to see these authorities eliminated entirely and others who think they should be limitless. We have taken the approach, for those measures that require a judicial warrant, of enumerating what they are in a specific list.

CSIS needs clear authorities, and Canadians need CSIS to have clear authorities without ambiguity so that they can do their job of keeping us safe. This legislation provides that clarity. Greater clarity benefits CSIS officers, because it enables them to go about their difficult work with the full confidence that they are operating within the parameters of the law and the Constitution.

Importantly, this bill will ensure that any measure CSIS takes is consistent with the Charter of Rights and Freedoms. Bill C-51 implied the contrary, but CSIS has been very clear that they have not used that particular option in Bill C-51, and Bill C-59 will end any ambiguity.

Mr. Paul-Hus, during his remarks in the debate in the House, discussed the changes we're proposing to the definition of “terrorist propaganda” and the criminal offence of promoting terrorism. Now, there can be absolutely no doubt of our conviction—I think this crosses all party lines—that spreading the odious ideologies of terrorist organizations is behaviour that cannot be tolerated. We know that terrorist groups use the Internet and social media to reach and radicalize people and to further their vile and murderous ends. We must do everything we can to stop that.

The problem with the way the law is written at the moment, as per Bill C-51 is that it is so broad and so vague that it is virtually unuseable, and it hasn't been used. Bill C-59 proposes terminology that is clear and familiar in Canadian law. It would prohibit counselling another person to commit a terrorism offence. This does not require that a particular person be counselled to commit a particular offence. Simply encouraging others to engage in non-specific acts of terrorism will qualify and will trigger that section of the Criminal Code.

Because the law will be more clearly drafted, it will be easier to enforce. Perhaps we will actually see a prosecution under this new provision. There has been no prosecution of this particular offence as currently drafted.

There were also questions raised during debate about whether the new accountability mechanisms will constitute too many hoops for security and intelligence agencies to jump through as they go about their work. The answer, in my view, is clearly, no. When the bill was introduced, two of the country's leading national security experts, Craig Forcese and Kent Roach, said the bill represents “solid gains—measured both from a rule of law and civil liberties perspective—and come at no credible cost to security.”

Accountability mechanisms for Canadian security and intelligence agencies have been insufficient for quite some time. Bill C-22 took one major step to remedy that weakness by creating the new National Security and Intelligence Committee of Parliamentarians. Bill C-59 will now add the new comprehensive national security and intelligence review agency, which some people, for shorthand, refer to as a super-SIRC, as well as the position of intelligence commissioner, which is another innovation in Bill C-59.

These steps have been broadly applauded. Some of the scrutiny that we are providing for in the new law will be after the fact, and where there is oversight in real time we've included provisions to deal with exigent circumstances when expedience and speed are necessary.

It is important to underscore that accountability is, of course, about ensuring that the rights and freedoms of Canadians are protected, but it is also about ensuring that our agencies are operating as effectively as they possibly can to keep Canadians safe. Both of these vital goals must be achieved simultaneously—safety and rights together, not one or the other.

Debate also included issues raised by the New Democratic Party about what is currently known as SCISA, the Security of Canada Information Sharing Act. There was a suggestion made that the act should be repealed entirely, but, with respect, that would jeopardize the security of Canadians. If one government agency or department has genuine information about a security threat, they have to be able to disclose it to the appropriate partner agencies within government in order to deal with that threat, and you may recall that this has been the subject of a number of judicial enquiries in the history of our country over the last number of years.

That disclosure must be governed by clear rules, which is why Bill C-59 establishes the following three requirements. First, the information being disclosed must contribute to the recipient organization's national security responsibilities. Second, the disclosure must not affect any person's privacy more than is reasonably necessary. Third, a statement must be provided to the recipient attesting to the information's accuracy. Furthermore, we make it clear that no new information collection powers are being created or implied, and records must be kept of what information is actually being shared.

Mr. Chair, I see you're giving me a rude gesture, which could be misinterpreted in another context.

Prevention of Radicalization through Foreign Funding ActPrivate Members' Business

November 29th, 2017 / 7 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I have some thoughts I would like to share with members, and I will start with one of the criticisms from across the way, which is that this government is not concerned about a very important issue to Canadians. We have not only talked about the issue of safety, but very tangible actions have been taken, whether it is budgetary or legislative measures.

My colleague made reference to the Magnitsky legislation that was passed by the House. It received all-party support. There were many strong advocates within the Liberal caucus for that legislation. In fact, Irwin Cotler, the former member for Mount Royal in Montreal, is a very strong human rights advocate. He is very well known and respected in the world. In fact, he is one of the most able-minded individuals dealing with that. He contributed immensely in the House with respect to that act, which was discussed not only over the last couple of years but for a few years. Even under Stephen Harper, there was discussion about the Magnitsky Act.

Many of the comments we are hearing, even this evening, have been dealt with in part through the Magnitsky legislation. I have had the opportunity, not only in Ottawa but in other places, particularly in Winnipeg, to talk about the importance of the issue.

This was one piece of legislation that passed with the support of all members of the House.

However, we also introduced government legislation. Members will recall Bill C-51 and the impact that legislation had in the chamber. When the member across the way is critical of the government and says that it is not doing enough, I remind the member that two substantial pieces of legislation have been brought forward to the House.

Bill C-22 dealt with the establishment of the parliamentary oversight committee. This might even be an issue the oversight committee could discuss, once it is up and running, but I suspect it will have a fairly busy agenda. That was put in place to ensure rights and freedoms were being addressed, which is very important.

When we talk about the safety of Canadians and the radicalization of individuals who call Canada their home, we take it very seriously. At the same time, we also want to ensure that the rights and freedoms of Canadians are being protected. Therefore, that legislation was put in place.

Today, we are having a great deal of discussion about Bill C-59. Many measures within that legislation deal with safety. I do not know how many times I have heard the Prime Minister talk about the importance of ensuring that Canadians feel safe. Aside from governance, it is most important to ensure there is an element of safety. Many measures have been put in place by this government. The Minister of Public Safety and Emergency Preparedness, the minister responsible for global affairs, and members as a whole recognize what is being talked about and the concerns that Canadians have.

This is the reason I asked the questions of the sponsor of the motion. What is the motivation behind this legislation? We all want to ensure we have safe communities and there is proper legislation in place to prevent radicalization whenever we can do that. There is already a litany of measures in the Criminal Code.

I emphasize that we have proactive law enforcement agencies, security agencies, and even the Canada Border Services Agency for border control. There are many different departments in place today to protect Canadians.

One of my colleagues across the way made reference to education. We have invested, through budgets, millions of dollars for education or outreach. In fact, we launched the Canada Centre for Community Engagement and Prevention of Violence to support local initiatives. To cite a few examples, we looked at pushing back against violent extremism, addressing online terrorist propaganda and recruitment, intervening early to turn young Canadians away from the path of extremism, and supporting families and communities affected by radicalization.

I was involved with the youth justice committee for many years, and we had a wonderful RCMP officer who participated in it. I know first-hand the commitment of our women and men in the RCMP. It is about making connections and connecting the dots to promote more harmony and tolerance in our communities.

I did not like the debate that took place here regarding Islamophobia. I believe it did more damage than good inside this chamber. I still do not quite understand why we have some people in the House who do not recognize Islamophobia as something that is real.

We have to go out of our way to ensure that there is more communication among the many different groups out there. We even have a group in our caucus that meets on occasion with two different faith groups to try to bring faith communities together. This is something I believe is really important.

When I think of radicalization, one of the areas of concern I have is not necessarily what takes place in communities as much as what takes place on the Internet. The Internet is one of those areas we could spend time evaluating. Some of the problems being generated in society are because of the Internet, and we should consider ways we can address that issue.

We have seen radicalization that has stemmed from the Internet. I am concerned about the attraction it has. It is universal. It does not apply to one group of people or one faith group. Youth look at it far too often as something that might be an attractive thing to do. At times, it even crosses gender.

Many of my colleagues reach out to the community on this issue. At the end of the day, I believe we should be promoting education. It think education is the best way to combat radicalization. Whatever we can do to support that—

Prevention of Radicalization through Foreign Funding ActPrivate Members' Business

November 29th, 2017 / 6:40 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I thank my colleague from Parry Sound—Muskoka for introducing this bill. I also liked his anecdote. Indeed, cabinet members do not get to introduce private member's bills. That is something we tend to forget.

Unfortunately, I am opposed to this bill for a number of reasons. The first was aptly explained by the Parliamentary Secretary to the Minister of Public Safety . The objectives sought by the member in this bill are already enshrined in legislation. They were even improved on by the Magnitsky act, which was passed unanimously by the House. In Canada, it is already illegal to receive funds from a criminal or terrorist organization.

Another one of my concerns stems from the Senate report that my colleague was talking about, one of whose recommendations led to the creation of this bill. The Senate's study, if I am not mistaken, focused entirely on the Muslim community. I find that deeply concerning because I fear that these measures target specific groups and countries. With all due respect, if we look at the stakeholders my colleague mentioned as supporters of this bill, a dangerous theme emerges.

My colleague quoted Mr. Richard Fadden, the former head of CSIS and a national security adviser to former Prime Minister Harper. I want to read what came after that quote in the same testimony before the Senate.

Mr. Richard Fadden said, “In fact, in my previous job, I actually raised with representatives from some of the countries who might be involved in this and suggested to them this was not helpful.” He is of course talking about funding of terrorist activities. He continued with “The difficulty in most cases is that the monies are not coming from governments. They're coming from fairly wealthy institutions or individuals within some of these countries.” That is fair enough. The member has included those measures in his bill to deal with people who are associated with the government of the country that would be on this black list. However, he went on to say, ”It makes it doubly difficult to track. It doesn't mean you're not right in raising it. I just don't have an easy solution.”

When I read that, it caused me great concern that the head of CSIS and a national security adviser to a prime minister felt there was no easy solution and that it was difficult to get to the root of the cause. I have a difficult time imagining a list such as this, which could potentially become arbitrary, being managed by the Minister of Public Safety in consultation with the Minister of Foreign Affairs.

That brings me to my other concern, and that is Canada's track record on public safety related lists. Take, for example, the no-fly list, the list of terrorist entities, or even the list of criminal organizations proposed by my colleague from Rivière-du-Nord. He proposed a bill in that regard in this Parliament. We know the risks associated with those sorts of lists.

First, there is a risk for the court system, since these lists could result in countless charter challenges. Second, there is a risk that these lists may be arbitrary, since they are established by the government of the day. Of course, the member sponsoring the bill may say that there are oversight mechanisms and criteria to prevent that from happening, but the problem is that depending on how we view certain acts, trying to interpret the definition of torture or cruel treatment of citizens is a slippery slope.

The United States prison in Guantanamo is a good example, since cruel and inhuman acts have been committed there that should be considered torture. Are we going to put the United States on the list?

We cannot, because the United States is excluded under the provisions of that same bill. That example may seem a bit extreme, but I am using it to illustrate one of the shortcomings of the bill.

The other issue is on what we want to tackle here, and that is radicalization leading to violence and ensuring public safety. As the member who sponsored the bill rightly pointed out, it certainly is not a partisan issue, even when we may have disagreements on how to obtain that objective. For that reason, I want to raise the following points.

First, more and more studies are showing, even anecdotal evidence of what we see in the news and also hear more and more from expert testimony, that the methods being employed by certain groups conducting terrorist activities are cheaper. We are not talking about sophisticated organizations that are being funded. The member would probably want me to raise the distinction between the act being committed and the money being used to radicalize. However, it is becoming clearer and clearer that it is less about money and more about the issues of which we need to tackle the root causes, and I will get to in a moment. The parliamentary secretary has also raised this.

Second, I read a study out of Great Britain. It says that 40% of the money being used to finance terrorist acts committed in Europe, and certainly the example can apply to us as well, comes from what we could call petty crime. We are talking about money laundering, robberies, drug trafficking. These things remind us of the importance of not looking to legislative change, as we have so often on these issues, but ensuring the men and women who ensure our safety have the proper resources. That is consistent with what the New Democrats have always stood for. It is exactly what we said during the debate, for example, on Bill C-51 in the previous Parliament. Why look to a legislative change to do something that can be done by providing proper resources?

Another point to consider is whether this is the right way to fight radicalization. I do not think that money is the root of this particular problem.

To go back to what the parliamentary secretary said earlier, there is a government initiative receiving some funding. I hope that the government continues to step up its efforts and maintains this funding. If we want to fight radicalization and violence properly, it will take a community effort like the one the centre in Montreal is making, for example. It will also take federal involvement in other initiatives, to encourage all orders of government, stakeholders, and community organizations to contribute to these efforts. It is very important to add that these efforts must not focus on any one group in particular.

Hon. members will recall last week's awful far-right rallies in Quebec City. Some of the groups involved either were American or had been infiltrated by or were affiliated with American far-right groups. In that context, we need to look at the whole range of factors weighing on youth, youth who often struggle with addiction or mental health issues that we have a responsibility to address.

By properly addressing those factors and making sure that a young individual in the process of being radicalized does not take the bait, not only do we help someone who really needs it, but we also ensure public safety. By making the right kind of efforts, we will be able to ensure that this individual never goes on commit the kinds of atrocities we see all too often on the news.

For these reasons, unfortunately, I will be opposing the bill. I am always open to working with my colleague on public safety initiatives, but I do not feel that this bill serves the intended objectives, and unfortunately it could end up targeting a specific community, which I think is totally inappropriate.

Indian ActGovernment Orders

November 29th, 2017 / 5:25 p.m.
See context

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, listening to the debate reminds me of when Bill C-51 was being passed by the previous government. It was a bill with flawed security legislation, tied into a bundle of legislation, that would take away some rights from Canadians. The NDP and Green parties felt that we should get rid of the legislation altogether, versus determining how we could surgically fix the legislation.

I wonder if the member for Scarborough—Rouge Park could comment on the parallel situation we face here, where throwing out the legislation is not the right answer, but surgically fixing it is.