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.

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.

Evan Light

It's in your riding? Hello.

I'm also a collaborator with the Snowden Digital Surveillance Archive that's hosted at Canadian Journalists for Free Expression.

I'm here today to speak about mass surveillance in terms of Bill C-51. I'd like to impress upon the committee the opportunity you have to really set Canada apart, which is supposedly what the Trudeau government was elected to do. You have the opportunity to take this bill, which is malformed in many ways, and potentially repeal it and spend time developing something proper, something that puts human rights into the centre of the regulation of communication or the regulation of privacy, something that values people's privacy instead of violating it.

As one of the previous speakers said, you have the opportunity, for instance, to step away from the Five Eyes alliance, which automatically makes every Canadian citizen a victim of mass surveillance around the world. This isn't just speculation. This has been proven time and again over the last three years. I think mass surveillance is dangerous to parliamentarians and to our democracy. The fact that I can't knowingly communicate securely with my member of Parliament is a problem. The fact that you and I can't send encrypted emails to each other is a problem.

Last year, I had the opportunity to interview a deputy chair of the Senate committee on national defence and security. I spoke with him about the management of computer networks at Parliament. He had no idea who set the policy, but thought that, you know, maybe using encrypted email would be a good thing to do because the government in power can spy on me, because CSIS can know what I'm doing, and because maybe privacy is something that I should integrate into the way I operate.

I'll stop before the three minutes is up, but—

Bernice Murray As an Individual

I want to say a couple of things.

In terms of the security review, the government is presenting security as a question of balance between rights and security. I just want to make the point that, in terms of a starting point, you will not deal with people's security if you don't guarantee their rights. It's not a question of balance. It's a question of defending the rights of all of us. Also, it's more than just civil rights. It's a question of economic, political, and social rights. I think it's extremely important to start from that point of view. These rights are things that belong to people because, by their being, the fact is that they collectively belong to us and so on. That's the starting point for any kind of consideration.

I have a concern that the green paper and various other documents being used in the consultations divert the whole discussion of security rights into a discussion of violent extremism, and then all the measures become acceptable because that's to combat these things, rather than dealing with the very important question. I think that even this question of the consultations particularly.... I'm not sure that you're wrapping up on December 1 but some of them are. In terms of the fact that you're trying to have a discussion on security and rights in this country on the basis of two months or whatever, and one session in Toronto, it's not going to be that kind of comprehensiveness that's required.

Specifically, I'm here to raise the question of the Anti-terrorism Act, 2015, which everybody refers to as Bill C-51. While I'm saying that these consultations are not serious in the sense of “extensive”, I would say that the discussion and public consultation that took place on Bill C-51—no thanks to the government of the day—was extremely broad and extremely deep. Somebody else has already mentioned it, but there were actions all across the country. There were broad discussions. There were town halls. There were days of action. There were 311,000 signatures on a petition to repeal the bill.

I think it should be brought before you that the question of this bill has been discussed, and the Canadian people have given their verdict on it. That verdict is that they want it repealed.

On the whole question of the Harper government, one of the issues.... I ran as a candidate in the election and did door-to-door work right from January 2015 on. One of the very big concerns of people across the area of the city I was doing work in was Bill C-51, and it was that it should be repealed. There is definitely no mandate that can be alluded to by any party to say that the bill was something they should hold on to. I don't think it's reformable and so on.

I also want to point out that what is now the governing party pointed out that they would repeal the problematic aspects of the bill. I would just like to point out that they're all problematic. The bill itself should be repealed.

Richard Hudler As an Individual

Thank you.

At the Pride March, which followed and celebrated the passage of a bill that incorporated the words “sexual orientation” into the Ontario Human Rights Code, two groups were asked to lead that march. One group was the Coalition for Lesbian and Gay Rights in Ontario, the CLGRO, which is the predecessor of our group, Queer Ontario. The other group was the Right To Privacy Committee. This symbolizes the degree of importance placed on the right to privacy in our communities.

Accomplishing this success, which was met with tremendous resistance, had been the major focus of CLGRO for 12 years. It enabled us to lobby for and eventually win recognition federally in the Charter of Rights and Freedoms. Resistance to these accomplishments within Canadian society continues. We see Bill C-51 as an example of that resistance and an effort to undermine the Charter of Rights and Freedoms. Much as we appreciate the need for government to protect the Canadian public from threats of terrorism, we keep in mind that a major goal of those threats is to undermine our way of life and destroy those rights and freedoms for which we have fought so long.

Aspects of Bill C-51 that undermine the Charter of Rights and Freedoms work to support the goals of the terrorists. We entreat the government to repeal the act created by Bill C-51 and ensure that legislation brought forward to protect the Canadian public from threats of terrorism will also protect those rights enshrined in the Canadian Charter of Rights and Freedoms.

Thank you very much for hearing me.

Fred Ernst

The wrap-up to this is that I respectfully request that the committee broaden the scope of its inquiry into the use of disruption both post- and pre-Bill C-51.

Those are my submissions. Thank you.

Fred Ernst As an Individual

First, I want to immensely thank this committee for taking the time to visit Toronto. It's been a very long time since I've seen the committee in Toronto. In fact, I haven't seen the committee in Toronto, so thank you very much, members. This is a very important issue.

I'll say a bit about me. I've done public interest research for 30 years. The last four of those have focused almost exclusively on security research. Before I continue, honourable members, I would like you to meet my 81-year-old mother. Her name is Elizabeth Ernst, and she will be sending in a written submission that will likely appall every last one of you. We don't have the time to talk about that during my presentation right now.

To get right to the meat of the matter, I'm the founder of the National Security Oversight Institute of Canada. The research I do would nourish this committee, frankly, on issues germane to the matters it seeks input about from civil society. I've been studying the issue for years. I've written reports about the extrajudicial practices, including disruption, so please consider calling me as a witness for any further hearings that are going on in Ottawa.

Here's the one big issue. I brought up this issue in a post about the introduction of Bill C-51 on January 30, 2015, almost immediately after that, and I'll tell you exactly what this issue is. This is an access to information document I obtained and that I then circulated to quite a few MPs and members of the media. It was even covered in the Toronto Star. This report is referenced in the backgrounder to the green paper.

On page 21, it's referenced, but not by name. If you go four paragraphs down, you'll see that it says, “A 2010 report by SIRC recommended that CSIS seek guidance and direction on the issue of threat reduction.” Here's that report. That mischaracterizes what this report is all about. Even the title of the report betrays what the report is about. The title of the report is “CSIS's Use of Disruption To Counter National Security Threats”. It's SIRC study number 2009-05. I was able to ATIP it from SIRC, because of course you can't get anything from CSIS.

In this report, members, it very clearly indicated that disruption was taking place in Canada long before Bill C-51, and CSIS was involved in that disruption. In fact, CSIS was doing disruption. It's maddening for me to listen to certainly not this process but some of the witness testimony that comes before members such as yourselves in Ottawa from people who represent that CSIS has just begun this process of disruption, post- Bill C-51. That is utterly false.

The Chair Liberal Rob Oliphant

I want to comment on the last couple of speakers. The Minister of Public Safety and Emergency Preparedness has appeared before our committee already on the framework, and he indicated two things.

First, there were eight areas that were part of the omnibus bill and Bill C-51 that needed immediate changing. He listed those for us, and they are available in his speaking notes. He also indicated that there were a couple of other areas he wanted to consider, and he requested that our committee listen to Canadians to find out what else there is. The proof will be in the pudding over the next several years.

Our whole committee is dedicated to doing two things: ensuring the safety of Canadians and ensuring our civil and human rights. I think all parties agree that we have different processes for getting there, but I don't think anybody on the committee doesn't want public safety and doesn't want to ensure our human and civil rights.

All I can say is that we've started, we're on the road, and we're glad you're here.

Matthew Currie

Finally, I want to make a point about the consultations in general, and this is my final point.

There's a belief among many people with whom I've organized, with whom I'm associated, and in the broad public that consultations like this one are a sham designed to appease the public without any meaningful action. Many people, in fact, are not here tonight because they doubt the legitimacy of these events. This was the legacy of the Harper government. Unfortunately, it's the one you've inherited. We've yet to see substantial change with this one. I challenge you to change that.

In fact, we had a stunt planned tonight, with a banner and a chant and everything. It was going to be very loud and obnoxious. But the culture of fear that Bill C-51 has already entrenched in our society meant that we couldn't get anybody who felt confident enough to actually do it, not because they feared a procedural book in front of them or anything like that, but because they were afraid of being put on a list. Please work now to change this.

Thank you.

Matthew Currie

It's a lifelong struggle; that was actually on my grade 1 report card.

As Canadians, we have the right to be as weird and loud as we want without interference.

Number three: ensure that there is a sunset clause, preferably of three years. One of the most distressing things about this law is its perpetuity. The law should automatically expire unless Parliament debates and re-passes each section individually. This would be an automatic review to ensure that bad laws are not on the books due to inertia.

Number four: properly define the term “threat to national security”. We've heard about this again tonight. Under this law, activities that threaten, for example, “the economic or financial stability of Canada” or “critical infrastructure” can be classified as security threats. This vague definition means, for example, that people—protestors—can be disrupted by the new CSIS disruption powers, which again, shouldn't be on the books.

Next, properly define the terms “terror” and “terrorism”. The current use of those terms in Bill C-51 is vague and threatening to democratic freedom.

Finally, define “disruption”. Currently, disruption powers are limited only inasmuch as they cannot be used to maim, to kill, or to sexually violate a person. This leaves a whole host of truly horrendous stuff available to CSIS, the RCMP, and other law enforcement agencies.

Matthew Currie As an Individual

Hello. My name is Matthew Currie. I represent an organization here in Toronto called “Stop C-51: Toronto”. I have business cards. You can ask me after for them.

This group is part of a cross-Canada movement that is opposing what is now called the Anti-terrorism Act, commonly referred to as Bill C-51. My comments today regarding national security will be primarily centred on the problems with this package of legislation and the ways in which it can be fixed.

As many of you know, popular organizing in opposition to this legislation began when it was first tabled in 2016. From that time on, opposition grew to the point that the overwhelming majority of Canadians opposed it, including some members of this committee. I don't know if they're all here. To those of you who spoke or worked against it, thank you very much.

In light of this widespread opposition, we firmly believe that the law should be repealed outright and replaced with legislation that is measured and supportive of the democratic rights of Canadians. If, however, the government chooses to ignore the wishes of—I repeat—the vast majority of Canadians, as well as the published opinions of dozens of judges, human rights and constitutional lawyers, academics, and the United Nations Commission on Human Rights, this law should at the very least be suspended until it can be appropriately amended.

The Liberal Party, when it was in opposition, acknowledged how fundamentally flawed the legislation was. In that context, now that it is the government, its use—and it is currently being use—should be halted until the threatening aspects are removed. However, should the government choose to ignore the vast majority of Canadians, the following must be a priority.

Number one: repeal sections 12.1 and 12.2 of the CSIS Act. This is CSIS's new ability to disrupt perceived security threats. CSIS was created specifically to separate intelligence and the kinetic aspect of law enforcement. This needs to be maintained.

Number two: repeal sections 83.221, 83.222 and 83.223 of the Criminal Code. These prohibitions on the promotion of terror offences in general are vague and constitute speech or thought crime. We heard about that earlier. This is unconstitutional and, frankly, absurd. Vague laws like this one, as we know, can be used to target individuals who hold politically unpopular views, and while your government perhaps has no intention of misusing this law, political winds shift and governments change.

Teri Degler As an Individual

Hello. Thank you for this opportunity. I'm a writer, a journalist, and a member of The Writers' Union of Canada, but I'm here speaking personally.

I heard Tom Henheffer talk earlier today, and I agree with every single point that he made on behalf of the Canadian Journalists for Free Expression. I thought it was an excellent presentation and so well researched, and I hope you all have a chance to read it over and really soak up what he said.

My concerns are very similar. We're concerned about the broad and vaguely worded powers that are given to national security agencies such as CSIS and to law enforcement. As writers, we're particularly concerned about the aspects in the broad definition of terrorism that make it so that, as writers, I think we might be seen as promoting terrorism when we're just reporting on it. I know it's unlikely, and I know the government says it will never charge anybody with that, but it's too vague.

As was discussed earlier today, one of the problems is that you might write an article that actually criticizes a terrorist organization, but that might incite somebody to violence. Where are those lines drawn and who determines it? I think this is a real area for you to consider in the reform of this bill.

I hope it is a reform of the Anti-terrorism Act. We keep talking about a consultation on national security—you introduced it tonight—but I think a lot of us out here are talking about the reform of what was once Bill C-51. We would like to see that reformed. Or, as many writers' organizations are calling for, just toss it out and do something new.

Another big concern we have is the possible criminalization of public protest, especially with the addition to it of interference with “critical infrastructure”. I know that the bill does specifically state that “advocacy, protest, dissent, and artistic expression” are not to be considered in this, but again, it's vague on who determines that. It's really easy to see a government deciding that something that I would think is dissent is interference. Those things are very vague. At best, we'd really like to see them tightened up if they're not tossed out.

I'll give you a quick example of how this could happen. I don't know if you're familiar with Amy Goodwin. She's a reporter and broadcaster for Democracy Now. She was reporting on the pipeline demonstrations in North Dakota, which were greatly attended by native Americans, and she took some footage. It was very critical of the security forces there.

A few weeks later, she was charged with trespassing. Then they decided that wasn't going to work, and she got charged with rioting. These charges were brought by the North Dakota Bureau of Criminal Investigation. The laws are different, but it's not a thing about the laws being very different. What's important here is that it was a pipeline, and here was this journalist, and suddenly she was charged. On Monday, the charges were dropped, both for the trespassing and the rioting.

Brenda McPhail

My name is Brenda McPhail, and I am the director of the privacy, technology and surveillance project at the CCLA.

In the green paper, on page 6, it's noted that the Canadian Charter of Rights and freedoms “establishes a minimum standard of conduct by governments in Canada”, and further notes—and we were thrilled to see this—that the minimum standards may be inadequate in some cases to establish public trust in matters of national security. We completely agree, which is why, when we gather here to discuss the problematic aspects of the Anti-terrorism Act of 2015, the biggest problem of all is that there are a number of specific places in the act in which it arguably fails to comply with Canada's Charter of Rights and Freedoms.

Our colleague Tom Henheffer appeared before you this afternoon, and the CCLA has joined with the CJFE in launching a charter challenge to former Bill C-51, which is, as you mentioned, currently on hold while we wait to see the results of these consultations.

We have five particular areas of concern. We're troubled by the tone of the green paper, which frankly seems to be trying to justify many of the problematic aspects of the bill, particularly in relation to information sharing, which our Privacy Commissioner has now amplified as being of concern; by IRPA amendments to reduce information to special advocates in security certificate cases; by new powers for CSIS; and by inadequate safeguards around the no-fly list. In addition, even though we acknowledge and very much appreciate the government's statement that it will ensure that all CSIS activities will comply with the charter, you actually still ask in the green paper whether people think the act should be amended to make it clear that CSIS warrants can never violate the charter.

One of your witnesses said this afternoon, in response to a question about problems in Bill C-51, that we didn't need to worry about it, because those problems would be challenged in court and that's the place where they'd be solved. Respectfully, and despite the fact that the CCLA does a great deal of our advocacy work in courts, we'd much rather see a charter-compliant bill from the outset, as improved by this government with advice from your committee.

Here's our question today. In addition to taking into account the public feedback received in this consultation process, is this committee and our government committed to a genuine and thorough legal review of the act with attention to charter issues, and, if so, precisely how is that going to happen and how will it be made public?

Roberto De Luca As an Individual

Thank you for the opportunity to address the committee. My name is Rob De Luca. I'm here today as a concerned citizen, but also in my role as a staff lawyer at the Canadian Civil Liberties Association. We are a national non-profit organization that has been working to protect civil liberties in Canada for more than 50 years.

One of our chief concerns regarding the Anti-terrorism Act, 2015, popularly known as Bill C-51, is the lack of new accountability mechanisms to oversee the state powers introduced by Bill C-51. On that note, we support the governing party's introduction of Bill C-22, which creates a national security intelligence committee of parliamentarians with the capacity to monitor classified security and intelligence activities and report findings to the Prime Minister.

I was happy to hear this afternoon that there was quite a bit more discussion of Bill C-22 than I was anticipating. I want to make some brief comments on Bill C-22.

One of our concerns with Bill C-22 as currently drafted is that while it is a move in the right direction, it is not sufficient to address the current accountability deficit in Canada's national security framework, such as the need for, first, integration into the investigations of existing review bodies and, ideally, consolidation in an enhanced expert review body; second, a truly independent monitor of Canada's national security laws; third, an independent oversight and review mechanism of the Canada Border Services Agency beyond any oversight and review accomplished by the committee of parliamentarians.

We are also concerned by some of the limits on the new committee of parliamentarians. Most notably, Bill C-22 gives the government the power to halt a committee investigation, an independent oversight or review, or to refuse to provide information when it is deemed “injurious to national security”. I have paragraphs 8(b) and 16(1)(b) of Bill C-51 in mind.

Part of the problem with these provisions is that they cannot be reviewed by a court or by an alternative dispute resolution process. This broad limit on the committee's power seems particularly out of place given that the committee of parliamentarians will be subject to significant national security safeguards, such as a prohibition on the publication of classified information.

My questions or suggestions are twofold on this narrow question, that is, whether the committee and the Government of Canada are willing to reconsider the significant limits it has placed on the national security oversight body, and if not, are the committee or the Government of Canada willing to consider allowing courts or a specially designated institution or review body the ability to review government decisions to halt committee investigations or a government refusal to provide the relevant information?

Thank you.

Adam Smith As an Individual

Hello. Thank you very much for your time and for holding these public consultations.

Bill C-51 is very likely unconstitutional, undeniably violates the Charter of Rights and Freedoms, and, as omnibus legislation where debate was cut off, it was rushed through incredibly fast for a mature democracy. Considering how rife with issues it is and that many security experts agree it isn't necessary for catching or prosecuting terrorists, I'm baffled that it isn't just repealed. It opens the door wide to potential abuses, privacy issues, and spying on Canadians, more than cracking down on terrorism. It is the definition of Orwellian: legislating thought crime and effectively turning Canada into a secret police surveillance state.

The Toronto G-20 taught us how easily our rights can be trampled, not just by using archaic and repurposed legislation like the Ontario Public Works Protection Act, but by police acting illegally: crossing the line of what they are allowed to ask of a citizen, illegally detaining, and falsely arresting.

Earlier, the point was raised about what different governments might do if empowered by Bill C-51. Considering the Harper government's disdain for democracy and protest, it's no wonder they made the law. Had Harper won the last election, we wouldn't be having this conversation. We'd be getting investigated for it.

Bill C-51 was rushed into law in a climate of fear and intimidation, fear of terrorism in the wake of the conveniently timed Quebec running down and Ottawa shooting, and intimidation, in that opposition to the bill made you a terrorist sympathizer not supporting public safety. If I'm not mistaken, on the day of the shooting, they were to debate Bill C-51 in Parliament. Passing Bill C-51 under such fear and duress is the same kind of knee-jerk reaction that causes overzealous no-fly lists and Canadians being sent overseas to be tortured based on weak evidence.

All of this ignores one simple fact. In terms of the cases made public, the most prevalent force radicalizing Canadians and the group responsible for the most terrorist activity in Canada is the RCMP itself. The Toronto 18, the VIA Rail bombers, the proven entrapped Canada Day bombers, and the straight-out terrorist bombing by the RCMP to frame Wiebo Ludwig show a clear history of manufactured terrorism and their influence of radicalization through their paid informants egging on their targets.

The Ottawa shooter fits the radicalization profile perfectly: an angry, young, low-income Muslim male with a history of mental health issues and drug addiction. The RCMP picks those most ripe for radicalization. The timing of the Ottawa shooting in regard to Bill C-51 is not the only suspicious aspect. It's also suspicious that a convicted criminal was able to obtain a long gun to carry out the shooting and that, soon afterward, the RCMP illegally deleted the long-gun registry. We are still not told where the rifle came from.

The government is also culpable for radicalization through its actions on the world stage. The Ottawa shooter, in his own video admission, bears out the influence of our government bombing Syria as a major factor in his rationale for attacking.

There seems to be zero proof or study showing that the overreaching provisions of Bill C-51 will in fact aid in the interception of terrorism. How would it have prevented the Quebec running down or the Ottawa shooter? Neither does it address any of the factors leading to radicalization.

Lastly, if I have a little time, I just want to say to you that vague terms like “interference with critical infrastructure” also beg for specificity. Critical to whom? Critical to the public and the functioning of society, such as a water filtration plant, or critical to the profits of a private company, such as a pipeline? A pipeline carrying crude to be refined and sold outside of Canada is, by definition, not a piece of critical infrastructure.

There is nothing good in Bill C-51. It should be repealed in whole.

Thanks for your time.

Arthur Jefford As an Individual

My name's Art Jefford. I lived in Sundridge, Ontario, until the Canadian government acted contrary to Bill C-51 and the requirements of the Canadian Criminal Code in section 83.01 on the definition of terrorism. I was made a result of Bill C-51. My Canadian government officials attacked, raped, and plundered my property, committed terrorism 20 times. I'm now faced with a problem. As a good Canadian, what do I do about that?

It appears that the official Canadian policy for terrorism is to drone-bomb the terrorist leaders, but they're my government officials, so I want a better solution, a peaceful one, preferably. I'm open to your suggestions. Let me give you a bit of history on what happened.

In 1980, I did $120 million in urea formaldehyde foam insulation. The government, the chairman of the SPI, the head for the standards for industry.... I wasn't consulted. We were just banned. In 78 days, we were sued 3,428 times for $484 million. By 1981, in 78 days, my life had been ripped apart.

In 1999, the government was still attacking me. They took 13 vehicles out of my driveway over different periods of time. I went before Justice Tracy at Walkerton Court, and it was found that the government had no right to breach my Magna Carta rights in section 39, or my Constitution, or my charter rights. There's a duty on every government official to make sure that every piece of legislation that is put complies with my Magna Carta rights, my charter rights, and my constitutional rights, because basically they trump all other legislation.

I believe that when the current Prime Minister said okay to Bill C-51, he was a traitor to me as a Canadian, because my grandfather, Leslie Arthur Jefford, is listed on the Vimy Memorial and he gave his life for my Canadian way of life and my family.

In 2001, as head of a Canadian delegation, I was renditioned, I believe, and landed up in Bahrain, where my aircraft was diverted. I managed to escape because I wasn't an Arab. In October of 2001, again as head of a Canadian delegation, I was this time renditioned to Oman and then to Abu Dhabi. In January 2004, again as head of a Canadian delegation, I was kidnapped by al Qaeda and tortured in Kuala Lumpur, Malaysia. After 10 days I escaped, but in time, I said, look, my family had a great time in Washago, and al Qaeda gave me peace and quiet while I was telling them about it. At that period in time, I was able to get some free time from the agony of being tortured.

I've also talked about how, in the UFFI ban, the “Teflon man”, Bob Fowler, who was head at the Privy Council for Trudeau, Mulroney, and Chrétien.... He has all my money. He took all my money. You'd be better off getting it from him, so al Qaeda kidnapped Bob Fowler and ran him around for 130 days until they got their $10 million.

Barrie Zwicker As an Individual

Thank you very much.

I had prepared more than three minutes' worth, but I'll have to meet the criteria. Thank you for the opportunity.

I'm glad that this standing committee exists. The one time in my life that I was before a standing committee of the House of Commons, we were gloriously successful, but I don't necessarily expect that to happen today.

I would like to begin with a short quotation from the British historian and peace activist, E. P. Thompson, who said, “The deformed human mind is the ultimate doomsday weapon.”

If ever two dots needed connecting, they are the current developments around Bill C-51 and Bill C-22 on the one hand, and, on the other, the historic ruling by a B.C. Supreme Court judge in the case of the 2013 so-called Canada Day terror plot in Victoria. That ruling, called a “stunner” by Faisal Kutty in a recent issue of the Toronto Star, should be an international landmark.

Yet in all the reportage—my background is in journalism and communications—and almost all the commentary I've seen to date, including that by commentators wary or critical of spy agencies, the B.C. Supreme Court ruling has become more or less an elephant in the room. Its heart is “police-manufactured” terrorism. Those words are from Madam Justice Bruce of the B.C. Supreme Court. The words that are not sufficiently used but should be for an operation like this are “false flag operation”. A deep and wide and adult conversation about false flag operations in general is long overdue and could well be—and should be, in my opinion—one of the contexts for this committee's hearings.

The “police-manufactured crime” quote is from a 344-page ruling by Madam Justice Bruce on July 29, striking down the terrorism convictions of John Nuttall and Amanda Korody. As Thomas Walkom observed in the August 3 Toronto Star, “the entire bomb plot couldn't have happened if the RCMP hadn't organized it”. The Mounties cruelly exploited two impoverished recovering heroin addicts with clearly obvious mental health challenges.

I couldn't help but think about this, which I was planning to discuss anyway, in listening two hours earlier to the experts before this committee. It almost seemed to be very airy-fairy to me, very legislatively complex and so forth, without a reference to this larger context of what happens in the real world and what generates headlines and causes anxiety throughout society.

Academic studies, official reports, and even newspaper editorials show that the theat of terrorism has for years been blown far out of proportion, much as has been discussed here and is a matter of legitimate scrutiny for this committee.