Bill C-51 (Historical)

Anti-terrorism Act, 2015

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

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

National Security and Intelligence Committee of Parliamentarians Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, my hon. colleague gave a fairly antiquarian recitation of the beginning of security, reaching back to Roman times, and he talked about how the security needs of the state had changed over the last 2,000 years.

However, I want to remind him that the development of civil and human rights is also part of that same history, traced back to Greek times. The rights of citizens to have freedom of expression, to be free from undue influence from the state, to be free from being spied upon by the state, to have civil rights, and to be free against unnecessary detention are also equally important.

It is very clear in the House that Bill C-51 abridges and abrogates many of those rights.

While the bill before us would create an oversight model, the government has yet to make any substantive changes to Bill C-51, which abrogates the civil liberties and rights of Canadians. I wonder if he would like to share with us how he feels about that.

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

Madam Speaker, I thank my colleague for her speech.

Given that she is a Conservative member and that it was the Conservatives who passed Bill C-51, I am surprised to hear positive comments about the creation of a committee of parliamentarians to provide oversight for Canada's intelligence agencies.

When her party was in power and passed Bill C-51, which broadened the mandate of intelligence agencies, why did it not create a committee of parliamentarians to meet the needs and expectations that she just mentioned with regard to a committee of parliamentarians? That would have been a little more acceptable.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, of course I am completely aware of the Liberal Party's position on various bills that were introduced during the previous Parliament, including Bill C-51.

I will remind the member opposite that we tabled 10 amendments at committee stage during the proceedings on that bill, three of which were taken up and some of which actually expanded the definition of legitimate protest, which was a change for the good. We were actively working to strengthen the bill.

I will reiterate for the member and all members of her party that the point we made in regard to Bill C-51 is that security was a vitally important responsibility of government, but so too is balancing constitutionally protected rights and freedoms. What we committed to then and what we are doing now in delivering on the commitment is improving the aspects of that bill that were fatally flawed. Those aspects include oversight through a parliamentary committee that not only replicates what the members of the Five Eyes Alliance are doing, but actually improves upon it. Members should not take that from me, but from Prof. Forcese.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Madam Speaker, from his preamble onward, the member talked about Bill C-51 and what a flawed bill it was.

Does the member realize that his Liberal government supported Bill C-51?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, thank you.

I guess it is now six times lucky. Our majority government has introduced Bill C-22 at long last, after 11 years of attempts and continuously being stymied by the opposition, to entrench parliamentary oversight of Canada's security and intelligence agencies.

However, we are not just replicating what we have seen among our Five Eyes allies. We are going one better. None other than Craig Forcese, the renowned law professor from the University of Ottawa and one of the foremost critics of the old Bill C-51, has said:

...this will be a stronger body than the UK and Australian equivalents. And a dramatic change for Canadian national security accountability.... This is a good bill.... I would give it a high pass....

Let me turn to the bill itself and see what people like Professor Forcese are enthused about.

This oversight committee of parliamentarians will have a broad, government-wide mandate to review any national security matter relating to all government security departments and agencies. Committee members will have top security clearance and can demand unprecedented access to classified material.

The committee is required to report back to Parliament annually, but can do so even more frequently through special reports, if it finds that a special report is required to protect the public interest.

The committee members are independent. They have the authority to self-initiate reviews of the legislative, regulatory, policy, financial, and administrative framework for national security in Canada. The committee members have tenure. They are appointed until the dissolution of the House.

This committee will not be dominated by government members, because government members will not make up the majority of the committee. Bill C-22 specifies that the committee will comprise nine persons, only four of whom may be government members of Parliament. The other five must come from the opposition parties. This is not a rubber stamp; it is actual accountability and oversight of government departments and agencies by a majority of opposition parliamentarians.

Allow me to provide an example. Throughout the extensive debate on the old Bill C-51, residents of my riding of Parkdale—High Park were very vocal about information sharing among government departments and agencies. Rightly, Canadians said that widespread information sharing may compromise privacy rights. Information sharing is precisely the type of thing this new oversight committee will scrutinize, because it will have a broad government-wide mandate over all national security departments and agencies. This can ensure that when information is shared for intelligence gathering, the rights of Canadians are not being violated or jeopardized. If a violation is identified, the committee can report that to all Canadians through Parliament.

Of course, there may be those who feel this legislation does not go far enough. The important response to those individuals is to note that Bill C-22 contains a mandatory review provision. Every five years, according to law, a committee must study this bill and report back to Parliament on how to strengthen it. In this way, the conversation of Canadians in my riding of Parkdale—High Park and around the country about how to balance security with the protection of rights and freedoms will not stagnate. It will remain dynamic.

This brings me to my third point. We want to hear from Canadians, not just in five years but now. Our government has commenced a Canada-wide consultation on our national security framework. These consultations will allow us to discuss the other campaign commitments we made to remedy the defects of the old Bill C-51, including entrenching a sunset clause, ensuring that no judge can issue a warrant that violates the Charter of Rights and Freedoms, guaranteeing the constitutional right to engage in advocacy and protest, and narrowing the overly broad definition of what constitutes “terrorist propaganda”.

This national consultation will allow us to hear from Canadians what else they want to see from their government. We do not just want to implement our campaign commitments, but to improve upon them. Throughout this, one thing will always be top of mind, that in seeking to balance security and the protection of rights and freedoms, we will work with Canadian communities, not against them.

Here, I address the House as a Muslim member of the Liberal caucus. The practice of our new government is not to vilify groups or to sow division, but to engage communities and to listen to their concerns. We have done this through our comprehensive efforts to counter Islamophobia. We have done this through our 2016 budgetary commitment of over $35 million over five years to create an office of community outreach and counter-radicalization. We have done this through our efforts to welcome, not shun, the victims of Daesh, which has translated into our accepting nearly 31,000 Syrian refugees to date. We have done this through our efforts today to improve the rights of those who inadvertently find themselves on no-fly lists, by creating a passenger protect inquiries office, and implementing a Canada-U.S. redress working group.

I know that Canadians prefer this approach. It is an approach they voted for in October 2015. It is an approach that seeks to address security concerns on multiple fronts, and one that engenders the confidence of all Canadians, including the very minority groups, like mine, that were disproportionally bearing the brunt of the previous government's surveillance.

I will end with this. It is a fine balance. Ensuring safety while simultaneously protecting rights and freedoms is not easy, but I am confident that Bill C-22 will help do just that. I am proud to support this legislation that has been 11 years in the making. At this time, I urge the members opposite to get behind it, rather than standing in our way.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, I rise today to speak in support of Bill C-22. The bill would create a committee of parliamentarians to oversee Canada's security agencies. For the first time in history, a multi-party group of members of Parliament and senators would hold Canada's security apparatus to account.

Bill C-22 represents a Liberal initiative that dates back to 2005 in fulfillment of a key part of our campaign commitment to Canadians to reverse the legacy of the old Bill C-51. I am proud to stand in support of it and the important idea that Canadian security must never come at the expense of our rights and freedoms.

I will start by turning back the clock to early 2015 and the previous government's introduction of Bill C-51.

In my riding of Parkdale—High Park last year, I heard about Bill C-51 over and over again at the doors. Residents in my community in Toronto are smart. They are engaged, and when they sense injustice, they speak out. They told me that they expect better from their government, that ensuring public safety is the preeminent responsibility of any government, but that it is not acceptable to pursue security at any cost. My constituents, and indeed all Canadians, want a government that respects Canadians' rights and one that will put in place mechanisms to protect those rights.

As a human rights and constitutional lawyer, I listened to those residents as a candidate in the past election. I communicated those very valid concerns to my party, and the party responded. In 2015, we committed on the campaign trail that if we were fortunate enough to earn the respect of Canadians and to form government, we would significantly amend that flawed bill and put in place the mechanisms that Canadians want to protect their rights while simultaneously keeping them safe. That is what Bill C-22 would start to do.

However, we cannot take all the credit. The idea of ensuring that parliamentary representatives oversee security agencies, like the RCMP, CSIS, and CSE, did not come to us as some sort of epiphany. It is exactly what our allies have been doing for many years. Every single member of the Five Eyes alliance but Canada has some oversight mechanism in place. Those are Australia, United Kingdom, New Zealand, and the United States.

The Auditor General identified the need for parliamentary oversight in a seminal report in 2003. Our party initiated this in 2005 when then public safety minister Anne McLellan introduced Bill C-81. That bill died on the Order Paper when the opposition parties voted down the minority government of then prime minister Paul Martin, triggering the election that brought us Prime Minister Stephen Harper.

A similar oversight committee was attempted no less than four more times in private members' bills, as introduced by Liberal Derek Lee on two occasions, in 2007 and 2009; by the member for Malpeque in 2013; and by the member of Parliament who sits right next to me, the member for Vancouver Quadra, Joyce Murray. On each of those occasions, the private members' bills were not passed in the House.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, the member for Portage—Lisgar has taken on new responsibilities as the opposition House leader, and I certainly appreciate working with her. We disagree on some things, there is no doubt. We disagreed on Bill C-51. The Conservatives brought it forward. Liberals all voted in favour of it, despite the impact on civil rights and liberties.

Now we have a piece of legislation. I think all members of the House are surprised to learn that there is an oversight committee that is under double censorship; it censored in terms of information from the oversight committee the Liberal government is proposing and censored in terms of what the Prime Minister's Office will actually permit the committee to put out.

At the same time, as the member for Portage—Lisgar pointed out, we are talking about a partisan chair of the committee, something that none of our major allies have done, for the simple reason that it is inappropriate.

I would like the member to comment on whether she agrees with the NDP analysis that the committee would be handcuffed by the Liberal government.

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, I am pleased to rise today and join in the debate on Bill C-22, which would establish a national security and intelligence committee of parliamentarians.

I will be sharing my time today with the member for Charlesbourg—Haute-Saint-Charles.

National security has taken on even greater importance over the last number of years. Abroad, we have seen horrific jihadist attacks just months ago, in fact, month after month in countries like France, Belgium, and even the United States.

Right here in Canada, we saw a jihadi inspired attack in October 2014. Warrant Officer Patrice Vincent was killed in Quebec, and Corporal Nathan Cirillo was killed while he was on guard at the National War Memorial, just steps away from where we are standing today. Many of us who served in the last Parliament will recall being locked down, and not knowing what was going on, and we remember that day.

It is important that our national security agencies have the tools they need to do their job, and keep us safe from terrorists. That is why the previous Conservative passed the Anti-terrorism Act in 2015, more commonly known as Bill C-51. Bill C-51 is good legislation that struck an appropriate balance between protecting national security and protecting the privacy of others.

In fact, the director of CSIS recently told the committee in the other place that CSIS agents have used the powers created under that legislation at least two dozen times. That record speaks volumes.

Today, I am not here to talk about that bill, but I am here to talk about Bill C-22, and how to ensure that the rights and liberties of Canadians are appropriately protected through extensive review and oversight of our national security agencies.

While our men and women in these agencies do excellent work each and every day to keep us safe, it is always important to have a third party watchdog. Currently, national security agencies have a substantial review mechanism. CSIS is reviewed by the Security Intelligence Review Committee, which is composed of former parliamentarians and other prominent Canadians. The Communications Security Establishment is reviewed by the CSE Commissioner, and the RCMP is reviewed by the Civilian Review and Complaints Commission.

However, we note that the Liberals, in their platform, promised that they would “create an all-party committee to monitor and oversee the operations of every government department and agency with national security responsibilities.” Unfortunately, or maybe fortunately, depending on how we look at it, that is not the bill that we have before us today.

First, the bill does not provide for any oversight of national security agencies, in fact, the word oversight is not even in the bill. It is nowhere in the description or in the body of the bill. What it provides is a review mechanism for after-the-fact assessment, but it does so with enormous caveats. In fact, there are seven large caveats contained in section 14 of the bill.

These caveats allow the cabinet to deny the committee, a committee of duly elected parliamentarians sworn to secrecy, the access to any confidence of the Queen's Privy Council, any military operation information, any information on the Investment Canada Act, and any information that may lead in future to criminal charges, among other things.

That pretty well covers off all of the information in the possession of the Canadian Armed Forces, the Royal Canadian Mounted Police, and the Canadian Security Intelligence Service. That is pretty well all of the information that this so-called committee would need to do the so-called oversight that it is created to do.

Unfortunately, what we have under this legislation is a committee that does not actually have any access to any relevant information. What is more, it is not actually a parliamentary committee. Right here in black and white in subsection 4(3), the bill states that this would not be a committee of Parliament, rather it would be a committee made up of parliamentarians.

What we have right now is a committee made up of parliamentarians with no ability to collect information. We will also learn it has absolutely no teeth to do anything because it cannot report anything outside of the committee, and we have the Prime Minister and ministers able to cleanse the report before it is brought to Parliament.

We kind of have a glorified parliamentary friendship group here, and really nothing more, because the committee cannot review any information. It cannot do anything with the information that it finds because if the Prime Minister deems it is not appropriate for a number of reasons, the Prime Minister or the Prime Minister's Office can change it. Really, this is a pretty hollow shell and nothing more.

I want to speak a bit about the fact that in section 12 parliamentary privilege is eroded by making it clear that a whistleblower could be prosecuted for making any of the information public. Let us think about that for a minute.

The Liberals have said they want this committee to fix the situation where they felt it left the public uninformed and unrepresented on critical issues, but they have established, through this legislation, a system where it would be a crime for a whistleblower to disclose anything from the committee. So, how can there be any access to the information by regular Canadians?

The bill before us does not even come close to meeting the Liberal platform commitments. In fact, it is a bill that further serves to centralize power in the Prime Minister's Office.

Typically, like in the United States and Great Britain, committees of this nature would report directly to the legislative branch rather than to the executive. Yet, in this legislation, the Prime Minister gets to play middleman between the committee and Parliament.

Under this legislation, it says in subsection 21(1) the Prime Minister will receive all annual reports, special reports, and other findings of the committee, so the Prime Minister is going to get everything before Parliament does. He will then have the opportunity to edit and change any report to suit his liking, and subsection 21(5) says that the Prime Minister can refuse to release information at his discretion.

The Liberals have said that this is to protect serious national information and security information, but let us read the text of the bill:

If,...the Prime Minister is of the opinion that information in an annual or special report is...injurious to...international relations...the Prime Minister may direct the Committee to submit...a revised version of the annual or special report.

I want to remind my hon. colleague, the parliamentary secretary, that the Prime Minister actually can direct the committee to submit a revised report. In this case, it would be if it contravened or hurt international relations.

What does that mean? That means that the Prime Minister and his office could delete or eliminate information that they thought might hurt international relations. From what we have seen recently, does that mean if this report said something that would show that the Chinese are doing something they should not be doing, that the Prime Minister would say not to say anything about the Chinese because we do not want to offend them? Maybe the Prime Minister would be concerned that his vanity project of getting a seat on the UN Security Council might be offended.

With the Prime Minister having the motivation, and the naïveté that he seems to be displaying, it is very concerning that this power would be in the Prime Minister's Office to vet this information, and eliminate information that he thinks would not be beneficial to international relations. This is not transparency in any way, shape, or form.

It is definitely not transparent that several months before this legislation was even tabled, we found out, through the media, that the member for Ottawa South was given the sweetheart deal as chair of this committee. That in and of itself is very disingenuous.

The government and the Liberals could have at least had respect for Parliament and for its own platform to have withheld that. I do not know why the Liberals felt they had to make that announcement, and do that so quickly unless it had to do with an inside deal that they were concocting.

How can someone become a chair of a committee that has not even been constituted by Parliament in legislation? With a partisan appointment like this, it is clear that the government is not taking the non-partisan goals of this committee seriously.

Let us look at the facts. The Minister of Public Safety and many of the Liberals who have spoken before me have touted that this proposed committee is modelled after the United Kingdom, but the Liberal partisan appointment of the chair is completely different from the U.K. model which allows its committee to elect its own chair.

Second, the committee reports to the Prime Minister, not to Parliament, and the Prime Minister has the ability to omit items and ask for revised reports.

There is more that I could say on this piece of legislation but at the end of the day we are seeing more and more that this is a hollow shell with no substance. This committee will be made up of parliamentarians with no power to do anything, with no power to get information, and with the Prime Minister vetting all of the information. It looks again like the Liberals want to look like they are fulfilling a campaign promise but they are actually not fulfilling it and they are being disrespectful and disingenuous by doing so.

Unless there are major changes to the bill, I cannot support it.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, last year in the House when the Liberals and Conservatives voted for Bill C-51, only the NDP caucus stood up for Canadians and voted against the impact that would have on the rights and freedoms of Canadians. At the same time, the New Democrats offered very solid suggestions, not taken up by the former Conservative government or by the current Liberal government, to enhance security while maintaining our rights and liberties.

We have a bill in front of us that contradicts how many of our allies proceed. All of our allies have oversight committees with an independent chair, a chair that is selected by the committee not by the government. As we have seen with our major allies as well, these oversight committees need to have full access to classified information. Of course another component that does not exist among our allies is the Prime Minister's Office's having the ability to censor any reports that are issued by the committee.

How does the Liberal government justify these three fundamental weaknesses when they are not in common with the practice of our major allies, and certainly not in common with the oversight committees that exist in other countries.

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

Mr. Speaker, it is important to recognize that Bill C-22 is as a direct result of Bill C-51. A major fundamental flaw when Bill C-51 was brought in was the fact that there was no parliamentary committee to oversee our security systems.

That is very important because Canadians have expectations that their government will have a balance when it comes to issues such as freedoms, our rights, and security. We believe Bill C-22 will deliver what Canadians want to see. In fact, it would be a fulfillment of a commitment made by the Prime Minister and the government that we would bring in a parliamentary oversight committee. Bill C-22 is all about that.

[David Graham, Liberal, Laurentides—Labelle, QC]

Mr. Speaker, I really enjoyed reading my colleague's speech in yesterday's Hansard, because due to exceptional circumstances, I was not in the House to hear the end of the debate.

My colleague will vividly recall the controversy that erupted during the 41st Parliament surrounding Bill C-51. I wonder if he could share his thoughts on the impact of the bill in the current context.

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

Madam Speaker, what a privilege it is to be able to stand in this place to talk about what I believe is a really important piece of legislation, and it is so in many different ways. I hope to be able to provide some comments with respect to the process, some of the content, and some of the amazing work that, in particular, the Minister of Public Safety has done for all Canadians by putting in the effort that he has in working with his other cabinet colleagues, and indeed, coming right from the Prime Minister's Office, too.

I would recognize, first and foremost, that we have once again before the House, a piece of legislation that was promised in the last federal election. There was a great deal of discussion and debate at the doors and through many other venues about the issue of freedoms and rights and the issue of security and ensuring that we get the right balance. I am absolutely convinced that the government has provided a piece of legislation that will be overwhelmingly supported by Canadians.

It is not to say that there is no room for improvement. If I can quote the Prime Minister, there is always the opportunity to make things better. We opened the door for the opposition, and as the Minister of Public Safety indicated in his opening comments, we have already received ideas and thoughts, such as the appointment of the chair for this particular committee to be made by the Prime Minister, which was a recommendation or a thought that came from the official opposition.

However, it is important to recognize that this is indeed the first time ever where we have seen a parliamentary committee established to deal with the issues of security and privacy and freedoms for Canadians. That is a very big thing. We should be happy to see it here today because it has been a long time in coming.

Another big issue, which I really have appreciated, is that there has been a great deal of thoughtful debate that has taken place, as members from all sides of the House have been engaged on what we all know is a very important issue to Canadians.

I believe, at some point, it will pass and go to committee and we will find that the debate will carry over in the form of listening to what some of the different stakeholder groups have to say, with the idea that if there are indeed ways in which we can reflect on the current legislation, the government is, at the very least, open to that.

The other thing that I think is really worth noting is that the Minister of Public Safety also made reference to the Five Eyes. Canada is a member of the Five Eyes nations, which include the U.S., the U.K., Australia, and New Zealand. I have had the opportunity to talk about this particular issue during the debates on Bill C-51. All those other countries have some form of a parliamentary committee to oversee these types of security and rights issues. Only Canada did not have something.

Today, what we are witnessing is not only Canada joining and being a part of the Five Eyes, in regard to a parliamentary committee, but it is a committee that has a far greater and broader mandate. Many would argue that it has the potential to be the most effective in the Five Eyes group. Again, I think that we owe a great deal of gratitude to all those individuals who have been involved.

I am sure that the different ministries would be first to indicate that it is not just coming from within the departments, but rather, it is from many of the presentations that were made during the debates on Bill C-51, many of the debates that took place inside this chamber, and the messages that we received, whether through emails, telephone calls, letters, or just the door-knocking that took place. The bill encompasses a great deal of dialogue that has taken place both here in the chamber and in every region of our country.

I think this is one of the reasons why we should all take a great deal of pride in what is being proposed by the government.

It has been noted that it was the government House leader who introduced the bill, and a number of members were somewhat surprised that it would be the government House leader. Let me assure members that when we talked about that, we made reference to the idea of this broader mandate. We need to recognize that a multitude of departments provide some form of security-related issues to Canadians. I believe it is 17. Therefore a number of departments are directly affected by this legislation, and so the committee would have a significant role that goes beyond one department. It is most appropriate that it be the government House leader who introduces the legislation. I am quite pleased that the Minister of Public Safety has had the opportunity to address the legislation also.

A national security green paper was recently released by the minister, and it was co-signed with a message from the ministers. I would like to refer to it. It was approved in terms of being received by the Minister of Public Safety and the Minister of Justice, Canada's Attorney Journal. There is a great deal of content in it, and as we continue to have dialogue both in Ottawa and the different regions of Canada, I would encourage people, the listening audience and the different stakeholders, to get a copy of this green paper because it is loaded with wonderful content. By reading through it, we get a fairly good sense of why it is such an important piece of legislation and why Canadians have taken such an interest in it.

I would like to provide some selected quotes from the green paper, because it better reflects what the government is hoping to ultimately accomplish. It is not to say that every aspect of the green paper is going to be implemented by the government, but it shows that the government is listening and, where it can, it is taking the necessary action to make a difference in the lives of all Canadians.

I first refer to the message from the two ministers where they clearly indicate that:

A fundamental obligation of the Government of Canada is the responsibility to protect our safety and security at home and abroad. Equally fundamental is the responsibility to uphold the Constitution of Canada, and to ensure all laws respect the rights and freedoms we enjoy as people living in a free and democratic country.

On many occasions I have indicated my support for Canada's Charter of Rights and Freedoms. I have argued that the Liberal Party is a party of the Charter of Rights of Freedoms. We recognize how important those individual freedoms are, but we also recognize—and we saw that in the debate—that they are one of the things that distinguished the Liberals from the New Democrats while we were in opposition. We also recognized the importance of security, and that is why it is a balancing that needs to take place.

I go back to the document, which says:

Reflecting the seriousness with which the Government regards the concerns about the ATA, 2015, our mandate letters direct us to work together to repeal its problematic elements and introduce new legislation that strengthens accountability and national security. In this respect, we have made commitments to:

This is something that, I would hope, provides comfort not only to members of this chamber, but to all Canadians.

The government has made commitments on the following: it has guaranteed that all warrants of the Canadian Security Intelligence Service will comply with the Canadian Charter of Rights and Freedoms to ensure that Canadians are not limited in legitimate protest and advocacy; it will enhance the redress process related to the passenger protect program and address the issue of false positive matches to the list; it will narrow overly broad definitions, such as terrorist “propaganda”; and it will require a statutory review of the Anti-terrorism Act after three years.

It is great that within this legislation there is a requirement for a mandated review five years after the bill has been proclaimed. We know that as time goes by, there will be a need to review and reflect upon what we could be doing differently to improve the legislation.

As the minister has pointed out, we are establishing a statutory national security and intelligence committee of parliamentarians, with broad access to classified information, to examine how national security institutions are working. That is, in fact, within the green paper and what we are actually going through today.

The legislation fulfills a key commitment we made during the election campaign by establishing a national security and intelligence committee of parliamentarians.

It is great that the committee would have nine members, seven members of Parliament and two senators. Up to four MPs would be from the governing party. The Prime Minister would be required to consult with the opposition party leaders before naming opposition members and with the Senate before naming senators.

I hear a great deal of concern from both opposition parties about the PMO and the Prime Minister. I think there is one point that has been lost in this. It is important to emphasize that the Prime Minister would not be authorized to alter the findings or recommendations of the report that would be tabled. The Prime Minister's role would be solely to review the report to ensure that it did not contain classified information.

I believe that the Conservatives are underestimating the abilities of members of Parliament when they question whether it would be an open process. Yes, ministers would have the discretion to withhold information on a case-by-case basis should they believe that disclosure would be injurious to national security, but one would expect that they would have that authority. However, a minister who wished to withhold information would have to provide a rationale for the decision to the committee. The committee could choose to report on the matter to Parliament should it deem the rationale unsatisfactory. We need checks in place, and that is within this legislation.

We are underestimating and undervaluing the potential role members of the House can play on such a committee, which I believe would be second to no other, potentially, in the world.

The Minister of Public Safety and Emergency Preparedness talked about the way it would broaden responsibilities and about all the departments that would be taken into consideration.

As much as I would love to be a member of that committee, I am quite content not being a member, so I say this knowing full well that I will not be a member of the committee. Those who are selected to be members of the committee, I believe, will have the ability to ensure that rights and freedoms, versus the security of our national interest, will be protected first and foremost.

There are checks in place within the legislation that would allow this committee to get the job done. I believe that if the Conservatives, in particular, were to better appreciate that fact, then they would be supportive of the legislation.

I listened to members of the New Democrats respond, and I appreciate the response that I have heard today from the New Democrats. They are supportive, but they want to see some amendments. However, this is not quite as clear with regard to the Conservatives. I understand that the Conservatives are in a very awkward position because of Bill C-51. I sat in opposition and, yes, there were many members who stood up to say that we did not need a committee of parliamentarians. However, today when I listen to the debate the Conservatives are providing, they are a little unclear.

I understand that now the Conservatives are going to be voting against the legislation, but it would appear as if they are voting against the legislation because they want to see this parliamentary committee have more teeth. This seems to be the reason they are voting against it, depending on the member one is talking to. I did pose the question to my colleague across the way of whether he would be supporting the legislation. In fairness, they have been very delicate in terms of their responses today, but they had one member who has indicated a vote against the bill.

I would advise all members of the House, given the importance of the legislation, to take it for what it is and allow the legislation to be sent to committee where there can be a proper vetting from all parliamentarians. It is there that they can actually advance potential amendments if they have concerns and they can make their case.

We often hear of disputes over the facts inside the House. We listen to what the minister says here and believe that this is a committee that is going to be quite powerful and have many responsibilities. However, we then hear members opposite having reservations about just how powerful it will be and are wondering if the Prime Minister's Office would be too powerful. Therefore, there seems to be a bit of a disconnect.

However, where there is no disconnect is that there seems to be a political will that we are going to have this committee, and we will have this committee. The Prime Minister made a commitment to establish it, so we will have it. When that committee gets established, I do believe that there are members of the House who have the integrity, goodwill, and the ability to get the job done. I believe this is what we should be looking at going forward.

If in fact there are ideas that are genuine, where there has been background work and it can be clearly demonstrated, then I am sure, whether it is a government amendment coming from one of my colleagues, or from Conservatives, New Democrats, or independents, these ideas are something we will want to foster if in fact they are ways we can improve upon the legislation.

There are so many things that the government is doing that goes beyond Bill C-22 in addressing the concerns that Canadians have with respect to the issue of security, such as amending provisions enacted by Bill C-51 so as to better protect the right to advocate and protest; amending provisions enacted by Bill C-51 so as to better define rules regarding terrorist propaganda; mandating a statutory writ review of national security legislation; ensuring faithful compliance with the Charter of Rights and Freedoms; creating an office of community outreach and counter-radicalization from budget 2016, including $35 million over five years and $10 million annually, which would be ongoing; consulting Canadians about what further measures they would like—

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, since Bill C-51 remains in place, I would like to hear more from my colleague about what protections are in place to ensure that the right of legitimate dissent by first nations and environmental activists remains in place. Does the bill remedy those deficiencies in Bill C-51? If there is any infringement on such legitimate public discourse, which I view as in the public interest, allowing free speech? How can that public interest be protected?

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

Madam Speaker, I appreciate the comments by the member. There has been a lot of discussion about Bill C-51 throughout the day.

Here is legislation that we should all be proud of. This is the first time in Canadian history that we are evolving to the point of having a committee of parliamentarians that would provide assurances to Canadians of a balance between security and the private rights and freedoms that we have all come to know. It is important that we respect the Charter of Rights and Freedoms.

This is a positive piece of legislation, and we look forward to its ultimately going to committee. Does the member have some specific amendments he might want to share with us?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I would also like to congratulate my friend, colleague, and neighbour from Esquimalt—Saanich—Sooke for a fantastic presentation and all of his work in the previous Parliament as the NDP's public safety critic.

There are three main points I want to outline as part of my speech on Bill C-22. First, I want to outline the fact that I think the overall intention of this bill is crucial to protect the safety and rights of all Canadians. Good oversight not only builds public trust, but it makes our security services much more effective.

I would also like to note that Canadians expect a watchdog with teeth. This committee must have full access to classified information. It must have adequate resources and the independence to go along with it.

My third point is that the government is going to have to work hard to earn Canadians' trust after its support for Bill C-51 in the previous Parliament. This trust starts with a strong committee, but it must be earned by fulfilling the promise to repeal the problematic elements of Bill C-51.

The idea of creating more parliamentary oversight has been around for some time. I want to outline and underline that this is not a uniquely Liberal idea. In fact, it has been around as a recommendation for the past 35 years. Despite that, I am glad to see that the Liberals have come forward with Bill C-22. There have been previous Liberal governments that have altogether ignored this recommendation.

There are certainly some things in this bill that I do want to take a look at. It is important that we use public money responsibly, that we protect sensitive information, but that we also stop abuses of power in their tracks. If we can come together as parliamentarians to build a robust oversight committee, we can bring in the real accountability that Canadians expect.

We can protect Canadians while ensuring that they trust that their rights are not jeopardized by a rampant security state. Indeed, the national security green paper, 2016, by the Government of Canada noted on page 9 that:

...effective accountability mechanisms are key to maintaining the public's trust in these agencies. Accountability mechanisms provide assurance that agencies act responsibly, strictly within the law and with respect for Canadians' rights and freedoms.

We can look at the historical significance of this issue, and compare Bill C-22 with what is going on in other jurisdictions. We know that our allies in France, Britain, Germany, the United States, Australia, and New Zealand all have similar bodies in place. It is about time that Canada stepped up to the plate, because for far too long we have been lacking in this very necessary oversight measure.

The change is very long overdue. We have seen abuses in previous years with the RCMP, going back to the 1970s. Of course, we here in the NDP know all about the RCMP spying that went on with the great Tommy Douglas, because of his link to left-wing causes and groups. This should serve as a reminder to all parliamentarians that the abuses of state can occur and have occurred. That is why oversight is needed. We need to make sure these kinds of things do not happen again in a free, open, and democratic society.

The McDonald commission was a royal commission used to investigate these unlawful activities of the RCMP. Of course it was also implicated in the illegal opening of mail and surveilling of members of other political parties as well, not just Tommy Douglas.

A part of that commission's report recommended the creation of CSIS, a civilian agency without law enforcement powers, but of course that was altered when we saw Bill C-51 come in.

The main recommendation that I wanted to point to today was that oversight committee of parliamentarians. I really think that Canada should be at the cutting edge of dealing with oversight in security apparatus. I am going to support this bill, but I hope that when it reaches committee it will be rigorously compared to models in other jurisdictions. I think there are some much-needed amendments.

For example, in Belgium, they allow their oversight body to seize documents and launch criminal investigations into wrongdoing by security officials. That body has real teeth. Even the United States, our closest ally and neighbour, allows its oversight committees almost real-time access to covert operations. If those parliamentarians in the United States Congress can have the oversight, why can we not as well?

My friend from Esquimalt—Saanich—Sooke went in detail over the most egregious examples of what was wrong with Bill C-51, but one of the recommendations in the McDonald Commission was to have a civilian intelligence force without law enforcement capabilities. Those waters were muddied by the Liberals and Conservatives when they allowed CSIS the disruption element. The real confusing part is that the definition of unlawful activities is open to interpretation.

We know our intelligence agencies have been complicit in spying on home-based environmental groups, and we are also very concerned with Bill C-51's information-sharing regime, which dramatically loosens the strictures on how a government internally shares data. It introduces, as mentioned, the dangerously broad category of activities that undermine the security of Canada, which can include much illegal protest. This will be of very special concern to anyone who has studied the infamous Maher Arar case.

I want to underline this fact. Bill C-22 cannot be treated as window dressing. This will not absolve the Liberals for being in support of Bill C-51, and we can be sure that the NDP will be holding them to account in that regard, very publicly, I might add.

I would like to congratulate my friend from Esquimalt—Saanich—Sooke. Yesterday he introduced Bill C-303, which would repeal Bill C-51. That is a great step. I am glad to see us living up to our election promises for once.

The Liberals can earn the trust of Canadians by voting for that legislation or otherwise living up to their electoral promises.

Going on to the problematic elements of Bill C-22, I would like to quote the national security green paper again when it mentioned that Parliament had several roles in national security matters. It holds ministers to account for the actions of the institutions for which they are responsible.

However, the structure of the bill seems to allow ministers to hold complete sway over the committee. In other words, the committee suddenly becomes accountable to the executive branch, and that is not the function of Parliament.

Allow me this opportunity to walk members through the text of Bill C-22. Under subsection 8(b), it states that if a minister determines that a review is injurious to national security, the minister can withhold information.

Under subsections 14(a) to (g), there are seven points that further limit what information the committee can have access to.

Section 16 states that the minister may refuse to provide information that is special operational information, or again, injurious to national security. Yes, that minister has to provide reasons for the decision, but, again, if we go further down the bill to section 31, it states that the minister's decision in subsection 8(b) and subsection 16.1 is final.

If the committee is somehow dissatisfied with that decision, it can write out a report, which is outlined in section 21. Again, that describes the structure of the report, but section 21 basically gives the Prime Minister, who basically probably gave the minister the authorization to withhold the information in the first place, complete authority to revise that report and redact whatever problematic elements there are, again, on the grounds of national security.

Sections 10 and 11 of the bill outline the security requirements and oaths to secrecy that the members of that committee have to take. They will be completely free and they will suffer the consequences if any information is leaked. I do not see why concerns of national security have to be withheld from a committee whose main purpose is to oversee national security. We are just going around in circles with the bill.

I would like to remind Liberal members of Parliament that there are members in the Conservative caucus who used to serve as cabinet ministers and who had access to some of the most sensitive secrets of Canada. They are still sitting in the House, but they are still bound by their oaths of secrecy. They are able to hold a secret. There is no reason why this committee membership cannot do the same.

As the legislation stands, the government can still hide things from this committee, and that is the problem. There will be absolutely no relevant oversight if the government denies access to files and witnesses. Not only will withholding information make it near impossible for the committee to do an objective job, but it will further deteriorate the trust of Canadians in our police and intelligence services.

The Prime Minister has already appointed a chair of this committee, the member for Ottawa South. Choosing the committee chair back in January despite the bill only being introduced in June is putting the cart before the horse. By appointing the member for Ottawa South as committee chair with a salary almost equal to the lower levels of the Liberal cabinet, the Prime Minister has, in a sense, made him a mini cabinet minister on the committee, accountable only to the government.

I will just end with—