Anti-terrorism Act, 2015

An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.
Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.
Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.
It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.
Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,
(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 6, 2015 Passed That the Bill be now read a third time and do pass.
May 6, 2015 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) provides the Canadian Security Intelligence Service with a sweeping new mandate without equally increasing oversight, despite concerns raised by almost every witness who testified before the Standing Committee on Public Safety and National Security, as well as concerns raised by former Liberal prime ministers, ministers of justice and solicitors general; ( c) does not include the type of concrete, effective measures that have been proven to work, such as providing support to communities that are struggling to counter radicalization; ( d) was not adequately studied by the Standing Committee on Public Safety and National Security, which did not allow the Privacy Commissioner of Canada to appear as a witness, or schedule enough meetings to hear from many other Canadians who requested to appear; ( e) was not fully debated in the House of Commons, where discussion was curtailed by time allocation; ( f) was condemned by legal experts, civil liberties advocates, privacy commissioners, First Nations leadership and business leaders, for the threats it poses to our rights and freedoms, and our economy; and ( g) does not include a single amendment proposed by members of the Official Opposition or the Liberal Party, despite the widespread concern about the bill and the dozens of amendments proposed by witnesses.”.
May 4, 2015 Passed That Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
May 4, 2015 Failed
April 30, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 23, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
Feb. 23, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) was not developed in consultation with other parties, all of whom recognize the real threat of terrorism and support effective, concrete measures to keep Canadians safe; ( c) irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight; ( d) contains definitions that are broad, vague and threaten to lump legitimate dissent together with terrorism; and ( e) does not include the type of concrete, effective measures that have been proven to work, such as working with communities on measures to counter radicalization of youth.”.
Feb. 19, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:20 p.m.
See context

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I would like to ask if the member shares a concern that the opposition party has with respect to the Security Intelligence Review Committee and the way the government is currently appointing members to that body.

Members will recall the compromise in the Canadian Security Intelligence Service Act, which is the reason we do not have what our friends in the United Kingdom or the United States have. They have security-cleared parliamentarians who provide real oversight vis-à-vis the security service in their respective countries. The reason we had the compromise here was because we were going to have people whom the Prime Minister, in consultation with the other parties, would appoint to this agency to provide that review function.

Now, of course, there is nobody on the Security Intelligence Review Committee in whom the official opposition would have any particular confidence, whereas in the past, it was very different.

Does the member have any concerns about the way that the Security Intelligence Review Committee currently operates?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:20 p.m.
See context

Conservative

Chungsen Leung Conservative Willowdale, ON

Mr. Speaker, the purpose of this anti-terrorism legislation sort of falls into a well-known English expression, which says that “An ounce of prevention is better than a pound of care”.

If there is suspicion of a terrorist act, we need to address and curtail or stop that before it happens. Therefore, the oversight of the judicial body that we have, which includes the specialists in law enforcement and security, would already be addressed before this sort of thing happens.

The purpose of this is to address those cases, to prevent them from happening and harming Canadians and our democracy.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:20 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is safe to say that both the leader of the Liberal Party and the leader of the New Democratic Party are now saying that if they were provided the opportunity to govern, they would not ditch the legislation, but they would want to make amendments to it. We have gone further. The Liberal Party indicates that there is a series of amendments we would like to see implemented today. They would make a difference and provide us with better legislation, possibly to the point where there might not need to be changes after the next election, if in fact it were adopted.

Given the government's past record of not accepting opposition member amendments at the committee stage, and given the importance of the legislation, can the member provide any assurance to the House, and, more specifically, to Canadians, that the government would be receptive to allowing, debating, and accepting amendments brought forward, whether they are from the Liberal Party or the New Democratic Party, once the legislation gets to committee stage?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:25 p.m.
See context

Conservative

Chungsen Leung Conservative Willowdale, ON

Mr. Speaker, our parliamentary system, our democratic process, is precisely that.

We are only at second reading. From this, we go to a committee where the bill will be vigorously debated. Any proposal or amendment that is reasonable and reflects the will of Canadians will certainly be considered. Not only is there parliamentary debate on this issue, but even before it passes into law it will still have to go to a Senate review.

Our parliamentary process, our democracy, is vigorous enough to review all of the provisions of this bill.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:25 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am indeed relieved to find an opportunity for a speaking slot when time allocation is imposed on such legislation. It is rare for any one of us who sits on this side of the House representing one of the smaller parties to have an opportunity.

Bill C-51, the anti-terrorism act, is such a dangerous piece of legislation that I am very relieved to have a chance to explain my concerns before it goes to committee.

First of all, let us set some context. We keep hearing here today in the context of this debate, and in fact when the Prime Minister launched this bill, not on the floor of the House of Commons, but in a campaign-style event, that we are in a dangerous world and that we must be terrified, that we must be afraid all the time of a monstrous terrorist threat. We are told we are at war.

The reality is that we are not at war. We are a country at peace. There is definitely a threat from a terrorist group, and terrorist groups around the world. They are particularly a threat in the regions in which they operate. ISIL and ISIS are despicable. There are not enough words in a thesaurus to sum up the brutality and the sadism of their acts.

However, the reality is that if Canada were at war, I do not think our Minister of Foreign Affairs would just have resigned his position, announcing to this House that things were in good shape as he left.

We are a country, thank God, that is at peace. I hate to remind colleagues, but there have been terrorist threats around world for a long time, and they have not always stayed far from Canada's shores. I think all of us remember the troubles with Great Britain and what they called “the Irish troubles”, the troubles of Northern Ireland, in which members of the royal family were blown up by IRA bombs. Terrorism operated in the Commonwealth then.

We have seen the threat of Tamil Tigers. We have seen the threat of FARC. There are, and continue to be, dreadful assaults by Boko Haram throughout Nigeria. We also know that these terrorist activities have come to Canada, the most extreme of these events being in 1985, when, in a Canadian airport, a plane was loaded with a bomb. As we all know, in the Air India disaster, 329 people died, most of them Canadians.

These things have taken place before, and I think it is a disservice to the people of Canada to ramp up the fear factor. Where there is a threat, we need to be clear-eyed, sober, sensible, and, above all, not fearful. People do not make good decisions when they are too afraid to think straight. This is a time when leadership requires that we think clearly and calmly, and that we do not exaggerate or torque the nature of the threat for partisan gain, which I think is what is happening here.

Let us all agree that where there are threats of terrorism, we take them seriously, that we do everything possible to reduce the risk of terrorism. In the context of Canada, that means reducing the threat of radicalizing Canadian citizens and Canadian residents to take up—inspired through all sorts of misguided, alienated, disenfranchised, and misinformed views—the cause of ISIS or other extremist groups. We must avoid the radicalization of Canadians by these monstrous organizations.

However, are we hopeless? Are we helpless right now? Have we not passed laws? In fact, we have. Since 9/11, there have been no fewer than eight laws passed which have expanded powers to fight terrorists. The RCMP has new powers, and has had them for more than a decade. Let us remember that the RCMP has been successful in locating, disrupting, and arresting people who had in mind a terrorist plot: the Toronto 18, and the VIA Rail plot.

Full credit is to be given to the Royal Canadian Mounted Police for using the tools they have already been given by this place to monitor those who are extreme, to watch what they are planning, to move in to intercept them, and to arrest them and subject them to trial.

We already have security certificates, which it can be argued violate fundamental principles, like habeas corpus, that violate the right to know exactly the charges against a person and one's right to having a lawyer. These have been accepted in Canada.

The RCMP and CSIS have not yet used all the powers that existing laws have already given them to confront the terrorist threat, yet we are here today confronted with an omnibus bill that goes further than anything ever brought forward in a Parliament of Canada to trample on our rights and liberties, unlike in the U.K.

In the U.K., they just passed the Counter-terrorism and Security Act 2015, which proactively puts programs in schools, mental health institutions, and prisons to address the threat of radicalization. We now have good information that at least one of the factors in the terrible events recently in Paris and Copenhagen was radicalization in prison. Surely we should be following the lead of those countries that are using approaches to engage to preempt and avoid radicalization in those institutions. The bill before us does not do that.

We need mental health and addiction counselling. I do not subscribe to the view that I have heard repeated in this place over and over again that the events of the shooting of October 22 here in Parliament and earlier that week in Quebec were terrorist attacks. They were horrific. They were murders, like the attacks on RCMP officers in Moncton or in Alberta, where RCMP officers were shot by people who were either criminals or mentally ill and disturbed. We absolutely condemn such actions, but to describe them as terrorism is both to expand the reach and branding rights of despicable groups like ISIS and to misunderstand what took place.

We know that the man who broke into this place, having just murdered Corporal Nathan Cirillo, had just two years earlier gotten himself arrested by sharpening a stick and trying to rob a McDonald's. He then waited for the police to show up so he could beg a judge to send him to jail so that he could get addiction counselling, so that he could get help, because he knew he was a threat to himself and to others.

It is a failure of our system not because we did not have enough laws to put him in jail at that time or have surveillance on him as a potential terrorist; it is a condemnation of the system that he fell through the cracks for mental health counselling and addiction counselling. We could have saved two lives, Corporal Nathan Cirillo's and the shooter's, had we had a program in place. That is where we should be putting our attention.

To turn my attention to the bill before us and what is wrong with it, and there is so very much wrong with it, I will start with the fact that in its information sharing provisions, it is so over-broad and overreaching that it could require information collected about every Canadian. There is almost no one who could not be seen to be snagged at some point by this definition and the way in which information would be shared.

The Privacy Commissioner of Canada, Daniel Therrien, has expressed his concerns. Virtually every privacy expert in Canada thinks the information sharing contemplated by part 1 of the bill is extreme. It would essentially apply to every agency of Canada and could provide a complete profile of every citizen and everything they do. This must be tightened up. If we are going to have this kind of information provision in the interest of terrorism, then the definition should be about terrorism, not about things that could include dissent of all kinds.

Again, I have heard many Conservative members of Parliament say that there should be no concern about non-violent civil disobedience, but then they parrot back to me a definition that clearly excludes non-violent civil disobedience. It says:

For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression.

Well, the use of the word “lawful” at the beginning of that phrase has been interpreted by other legal analysts, not just me, but by numerous scholars who have been looking at this proposed law since it was brought forward, to apply to all aspects. If people violated a municipal bylaw, they would no longer be engaged in a lawful activity.

This needs to be clarified, and despite my efforts in asking the Minister of Public Safety and Emergency Preparedness, the Minister of Justice, and the Prime Minister, no one has yet said that it is not their intention to cover and criminalize non-violent civil disobedience, beyond a level that is already criminal, because people take an active conscience to break a law they find unjust.

There is more here than I can get to. However, moving ahead, in part 4 we have been told that there is judicial oversight. There is no such thing. It is only in instances where CSIS agents believe that what they are about to do will violate the charter that they would go to a judge to get a warrant. This is not judicial oversight. Are these CSIS agents going to be trained in the law? The Minister of Justice and the Supreme Court of Canada frequently disagree about what is a charter violation.

We have lost the inspector general for CSIS. That position of oversight was removed in an omnibus bill in 2012. This bill cannot be simply fixed with more oversight. It would be better to scrap it and start over, starting with an evidence-based question: What do law enforcement agencies tell us they need that they do not already have?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:35 p.m.
See context

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, there is one thing I do agree with. The member mentioned that we should be clear-eyed and sensible, and I agree with that completely. However, earlier today in debate, the member for Saanich—Gulf Islands questioned the ability to apply the Canadian charter to our intelligence services in operating overseas. I question this, because what she is implying is that CSIS should somehow use the laws in other countries.

When we talk about some of the countries where we are tracking threats, we are talking about countries like Somalia and Iran. I do not think there is a single person in Canada who would think the laws that govern those countries and their human rights violations would somehow trump what we have here in Canada with the Canadian charter.

I would like to ask the member this. Does the member for Saanich—Gulf Islands actually believe that the laws of countries like Somalia or Iran are far better than what we have here under the Canadian charter?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:35 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I have to say I had a hard time understanding what the parliamentary secretary's point was.

I have not at any time in debate suggested that the Charter of Rights and Freedoms in Canada was in any way inferior to foreign laws. My question was very clear. Even after Bill C-44, which allows CSIS to operate in other countries, this bill says that CSIS will operate within or outside Canada, but it will only need a warrant when CSIS agents realize that they are about to break a domestic law.

This does not confine itself to countries like Iran and Somalia. CSIS agents operating anywhere in the world would appear to be, based on this reading of this act, empowered to break laws in other countries without any judicial oversight anywhere, and that strikes me as overreaching.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:35 p.m.
See context

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I want to thank my colleague for her thoughtful speech on the very serious issue of fighting terrorism.

First, let me say that nobody in the House supports terrorist activities. However, what I see happening in the House today is an absolute travesty and an attack on parliamentary democracy. I was elected by my constituents and was sent here to represent them, but there will only be two hours of debate on Bill C-51, which is major legislation. It needs to be examined very seriously. I heard the parliamentary secretary say just a few minutes ago that it is going to go through the parliamentary rigour of Parliament, yet many MPs' voices are not going to be heard because they cannot debate.

I would ask my colleague to comment on that.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:40 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I did not think I would see the level of concern about this bill coming from the Canadian public as quickly as it did. Commentators, whether The Globe and Mail editorial board, National Post writers, or Rex Murphy, and I think it has been at least several decades since I have agreed with anything Rex Murphy has said, have all said that this bill requires study. This is fundamentally different from any bill we have ever seen before the House of Commons. We need to have a proper study.

We had closure of debate at second reading. There are rumours of moving it quickly through committee. I hope those rumours are not true, but we will find out when the committee announces its list of witnesses.

We need a proper review, and the government needs to show a willingness to take on amendments. Otherwise, this will not protect Canadian rights and liberties; this will be an assault on Canadian rights and liberties.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:40 p.m.
See context

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, I share several of the concerns and issues that have been raised, but I want to ask about the issue of civilian and parliamentary oversight, which is fundamental to good policing, a good judicial system, and confidence in the judicial, policing, and security systems. In the hon. member's perspective, what would constitute appropriate parliamentary oversight and appropriate civilian oversight?

The idea that we are shortening debate on this scares me. The notion that amendments will not be received on this frightens me. However, the lack of civilian oversight to me is a fundamental flaw in this legislation.

What would constitute good civilian oversight and appropriate parliamentary oversight, in the member's view?

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:40 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, let us go back and say what it is that the Conservative administration thinks is adequate oversight.

We are told that the Security Intelligence Review Committee is enough. It is instructive to remember that this is a part-time board that looks at complaints about CSIS.

We used to have an inspector general for CSIS who acted as eyes and ears for the Minister of Public Safety to spot when things were going off the rails. It is not that we do not love the RCMP and trust them and all that, but let us face it, we have a history of barnburning. It was a mistake, but it happened. We have seen oil installations blown up.

We need to have at least an inspector general to watch what the spies are doing and make sure the minister knows about it to keep things from going off the rails. SIRC cannot do it, and we need more, not less.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:40 p.m.
See context

Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, it is an honour to rise in the House today and lend my voice in support of Bill C-51, the anti-terrorism act, 2015.

Working to secure the safety and security of Canadians is a sacred duty that our government takes very seriously. That is why our counterterrorism efforts, guided by a comprehensive counterterrorism strategy, have been front and centre in our legislative agenda.

We continue to make real progress in measured and decisive ways to improve our country's ability to address the terrorist threat. Notably, we brought in the Combating Terrorism Act, which made it a crime to travel or attempt to travel to engage in terrorist activity abroad. I am compelled to note that the NDP opposed making it a crime to travel abroad to engage in terrorism. In fact, the member for Surrey North said that the Combating Terrorism Act:

...is not about preventing terrorism. We already have a comprehensive justice system and enough legislation to protect Canadians from acts of terrorism, as well as a variety of capable institutions to facilitate these laws. Rather, this bill fundamentally attacks our rights and freedoms.

To this claim I would say two things. First, jihadi terrorism is not a human right; it is an act of war. Second, and tragically, we saw very clearly in late October that more tools need to be made available to law enforcement to stop terrorism.

More recently, we introduced the protection of Canada from terrorists act to ensure CSIS has the firm legal footing it needs to investigate threats to the security of Canada from wherever they originate. Yet again, the NDP stood against these common sense measures, measures that are moving us in the right direction.

As I have said, recent events demonstrate we have more work to do to ensure Canada is as well equipped as possible to confront the multi-faceted and evolving national security threats we face, not only those direct threats posed by international terrorists like al Qaeda and the Islamic State but also those from within our very borders, including terrorist travellers and lone-wolf actors whose actions can be difficult to detect and disrupt.

It is difficult to overstate just how considerable and pressing these threats really are. The attacks we have seen recently against our country and our allies are grim and painful reminders of the threats we face to our security, to our freedom, and to our liberties.

The threat remains real. In recent months the RCMP has made arrests and laid terrorism-related charges on several individuals, including individuals in our nation's capita, but these attacks have also strengthened our resolve. As parliamentarians, it is incumbent upon us to take action with decisive measures to protect Canada and Canadians from rapidly evolving national security threats, just as we have proposed in the legislation before us.

These measures will allow for more effective information sharing between federal government departments when it comes to legitimate matters of national security. They will allow us to capitalize on the significant and unique expertise of CSIS by providing the organization with a mandate to engage in activities that will help disrupt threats to our great country. They will allow us to take action to stem the tide of terrorism material on the Internet.

The bill before us will allow us to do all these things, but during my time today I would like to outline the measures we have proposed to improve an existing national security tool, the passenger protect program. This program, introduced in 2007, serves as an important component of Canada's multi-layered approach to aviation security. It complements other aviation security measures such as the screening of people and goods, the physical protection of facilities and aircraft, and airport policing.

As members may be aware, the Government of Canada maintains a specified persons list under the program and provides it to air carriers in a secure manner. Air carriers must screen all passengers booked on flights to, from or within Canada against the list and report any potential matches to Transport Canada officials, who decide if it is necessary to issue an emergency direction to deny boarding. As it stands, the goal of the program is quite simple: to keep individuals who may pose an immediate security threat from boarding commercial flights. Its entire focus is to target threats to transportation security such as terrorist or other criminal acts that pose a danger to passengers, crew, aircraft or aviation facilities.

While this remains a concern, we also have to contend with another disturbing threat reality.

I would remind all members that our nation's top security officials have voiced their concern about a growing number of individuals with Canadian connections travelling by air to places like Syria, Somalia and Iraq to participate in terrorist activities. They engage in attacks. They engage in recruitment. They receive training. As of early 2015, the government is aware of a number of individuals who have left Canada for these types of activities in conflict zones. We can only imagine the sleep that officials lose over the fact that some of these individuals return quite possibly with the determination and know-how to plan and, worse, to carry out attacks on Canadian soil. While such individuals do not pose a direct threat to aviation security at the time of their departure, nonetheless they are a menace to Canada, to our allies and certainly to their destination country.

The program is currently not designed to address this very real and present threat, and must be updated to remain a relevant and effective national security tool. In order to deny boarding, the current requirement to demonstrate an immediate threat to aviation security precludes the program from mitigating lower levels of risk.

Authorities are limited in their ability to prevent individuals from travelling by air for terrorism purposes when a case does not meet the threshold for criminal prosecution or other law enforcement tools. Therefore, through this legislation, our government is taking to strengthen and expand the program to better address this type of threat.

As we have heard, this proposed legislation will usher in important changes that will see the program evolve into a more effective tool in our counterterrorism arsenal. To that end, we are proposing a new stand-alone act to provide a firm legislative basis for the program. This is significant since the program is currently defined under administrative policies, rather than enshrined in law. Putting it on a firm legislative foundation will go a long way toward improving its administration and operation.

The responsibilities for the Minister of Public Safety and Emergency Preparedness and the Minister of Transport will be clearly defined to reflect the most important change we have proposed to the program, which is a new mandate. With this legislation, we would expand its mandate so it would serve not only as a tool to mitigate threats to aviation security but one that would further support our commitment and our duty to prevent individuals from travelling by air for terrorism purposes.

The bill would authorize the Minister of Public Safety and Emergency Preparedness to establish a list of persons when there would be reasonable grounds to suspect that the individual would pose a threat to transportation security or would travel by air to engage is terrorist-related activities. As well, the minister would be authorized to issue directions to air carriers in order to respond to the threat posed by a listed person. These operational directions could include denial of boarding or additional physical screening prior to boarding. By establishing the passenger protect program as a tool with a dual mandate to prevent threats to aircraft and help prevent terrorist travel, we would ensure it would be much more reflective of today's threat environment.

Finally, whether it is changes to the program or it is other measures outlined by my colleagues today, this comprehensive legislation contains precisely the kinds of adaptations we need to make to address the ever-changing threat environment. I therefore call on all members of the House for their support of the bill.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:50 p.m.
See context

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, all of us in the House are concerned with the threats to the security of Canadians and I would assume that all of us take the protection of the security of Canadians as our priority.

However, I am stunned and confounded that the government would do voluntarily to our country what those who oppose freedom and democracy would have done to it. We send young men and women around the world to protect what the government is denying to Canadians through this bill.

What this bill has defined as “terrorism”, with its broad and sweeping definition, has significant overlap with what Canadians understand to be reasonable expression of opinion and the normal practice of dissent in a free and democratic society. I have heard nothing from the Conservatives nor from the Liberal Party, which is supporting this bill, that would justify that.

I would like to give the member another opportunity to justify denying Canadians their freedoms voluntarily by the Government of Canada through this bill.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:50 p.m.
See context

Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, we have been following the growing threat of terrorism across the globe for the last number of years. We heard from a speaker earlier that clearly terrorism was something that we had witnessed for decades. However, the pace, the barbarity and the culture of this terrorism is growing at a rate that is alarming at least.

When we look back to October 22, we look to the threats to our country, we look at trials that are already under way in the country for threats that were made against rail lines recently and for the recent Boston bombing. We have to take action. We simply cannot stand back and say that what we have is good enough. We simply must react.

For my colleague opposite, I encourage him to join us in acting today.

Anti-terrorism Act, 2015Government Orders

February 23rd, 2015 / 5:55 p.m.
See context

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, I have a couple of quotes I would like to read to the House and get a response from the government opposite.

The first quote states:

—the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

Those words come from a Conservative statesman who should be listened to and understood in the context of the question I am about to ask.

The second quote is, “AGITATION is the marshalling of the conscience of a nation, to mold its laws”.

The concern we have, and the concern many in the House have, is that the language about what constitutes terrorism is overly vague and overly broad, while at the same time civilian oversight is missing. The words I just spoke were delivered to Parliament in England by Sir Robert Peel, a Conservative of great note.

Civilian oversight is the cornerstone of democratic and good strong policing. Why does the government not strengthen civilian oversight as it seeks to challenge people's charter rights?