The House is on summer break, scheduled to return Sept. 15

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 is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-51s:

C-51 (2023) Law Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act
C-51 (2017) Law An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
C-51 (2012) Law Safer Witnesses Act
C-51 (2010) Investigative Powers for the 21st Century Act

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.

Public SafetyOral Questions

March 13th, 2015 / 11:30 a.m.


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Scarborough Centre Ontario

Conservative

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

Mr. Speaker, I was actually very pleased to see that the Chief of the Assembly of First Nations appeared at committee yesterday. He had some concerns, and I was very pleased to be able to respond to those concerns and explain how the bill would work with regard to information sharing.

Most people across Canada believe that if one branch of government comes across information pertinent to the national security of this country and the safety and security of our citizens that that branch of government should be able to relay that information to our national security agencies. That is precisely what Bill C-51 would do, and I was pleased to be able to answer those concerns.

Public SafetyOral Questions

March 13th, 2015 / 11:30 a.m.


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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, speaking of common sense, we have had 12 witnesses appear before the public safety committee this week, witnesses from a wide variety of backgrounds and perspectives, and every single one of them has highlighted serious problems with Bill C-51. The bill is so bad that Canadians in over 50 towns and cities across the country will be rallying against it this Saturday. Just like the experts at committee, they are saying that the bill is excessive, unnecessary, and dangerous to our freedoms.

Why will the Minister of Public Safety or the Minister of Justice or anyone over there not start listening to Canadians and pull back on the bill?

Public SafetyOral Questions

March 13th, 2015 / 11:30 a.m.


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Scarborough Centre Ontario

Conservative

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

Mr. Speaker, there is nothing of greater priority to this government than the safety and security of Canadians. The national security agencies, the RCMP and CSIS, have identified gaps in our current legislation. Bill C-51 brings those common sense measures.

We actually heard as well yesterday from witnesses that we are in a new era of terrorism and that the threat is evolving, and we need to modernize the tools we have for our law enforcement and national security agencies. That is precisely what Bill C-51 is doing, and I wish, for once, that the NDP would actually support a common sense measure to tackle terrorism.

Public SafetyOral Questions

March 13th, 2015 / 11:30 a.m.


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Scarborough Centre Ontario

Conservative

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

Mr. Speaker, Bill C-51 actually has five components to it. The first one is information sharing.

We have changes to the passenger protect program, which would allow the airlines to stop people from boarding planes and travelling overseas.

Of course, there are areas with regard to lowering the threshold for tools that law enforcement agencies have been calling upon. In fact, we heard in committee that Commissioner Paulson of the RCMP felt that these tools that we would provide for national security agencies would be extremely helpful and would actually fill the gaps that have been identified by those very same agencies.

Public SafetyOral Questions

March 13th, 2015 / 11:25 a.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, Bill C-51 will have a significant impact on Canadians' rights and freedoms. The evidence heard yesterday in committee was very clear.

According to well-known experts, such as lawyer Paul Champ and Professor Craig Forcese, Bill C-51 could open the door to secret detention. It is not surprising that Canadians are mobilizing and protests against Bill C-51 are expected to be held across Canada this Saturday.

How much longer will the government ignore Canadians' concerns?

Public SafetyOral Questions

March 13th, 2015 / 11:20 a.m.


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Scarborough Centre Ontario

Conservative

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

Mr. Speaker, the international jihadist movement has declared war on Canada and its allies, countries like Canada that believe in openness and tolerance. We see this again and again in the news. We have seen recent attacks here in Canada, Paris, in Copenhagen and Australia.

Let me talk about the reasons why we brought forward Bill C-51. Our national security agencies have identified serious gaps in the existing legislation that they need to better protect Canadians. That is what this government is doing. We brought forward common-sense measures and I certainly hope that the NDP will eventually get on our side.

Public SafetyOral Questions

March 13th, 2015 / 11:20 a.m.


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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, last night's committee testimony underlined that the sweeping changes Conservatives have put forward in Bill C-51 are excessive, unnecessary, and dangerous to our freedoms, but what really stood out last night was the disrespect shown to a witness. The member for Calgary—Nose Hill suggested that the National Council of Canadian Muslims had ties to Islamic terrorist groups and that they were, in her words, “half-hearted in the fight against terrorism”.

Will the member apologize for her disgraceful behaviour?

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 5:50 p.m.


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Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, that is quite typical of the Liberal Party. We have seen that for many decades in the House. The Liberals do not support Bill C-51, but they will vote in favour of it. This goes back to the times of Mackenzie King, the times of conscription if necessary, but not necessarily conscription.

We have the Liberals once again getting up and saying that they are going to support the bill but they have a bit of a problem with the title.

This is not a university paper. This is not a college essay. We are in the Parliament of Canada, representing the Canadian people who sent us here, the Canadian people who stand for Canadian values. Those are the people we represent.

The people have told us that they will not stand for barbaric practices such as female genital mutilation, forced marriages, sexual assault, and we have put this into the legislation. I ask the opposition parties, the NDP and the Liberals, to get on board, support us and represent the wishes and will of the Canadian people.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 4:55 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is interesting. I should note that on Bill C-51, unlike the Liberal Party, we are stating exactly where we stand. We are against Bill C-51. It is for reasons around oversight, et cetera, but also because we are taking a stand. We are not saying that later on when we are government we will fix it all. That is a little arrogant. We have heard that from the Liberal Party before. At some time it has to take a stand in this place. I know it is difficult for the Liberal Party, but it has to take a stand.

We have taken a stand on Bill S-7. We are opposed to it at second reading. I have just laid out why. Polygamy is illegal, if he is worried about that. I know it is tough for him because Liberals are saying they do not like Bill C-51. However, they are going to put forward amendments, knowing that they are going to be defeated and then they will vote for it. If someone can actually understand that I give them credit.

Here we go with the Liberal Party again trying to find a niche where it can actually open up its own rationale. It is just not working. That is why I am proud to be a member of my party. We take a principled stand and we stick with it because that is where our values are.

Zero Tolerance for Barbaric Cultural Practices ActGovernment Orders

March 12th, 2015 / 4:40 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I join my colleagues on this side of the House to speak in opposition to Bill S-7.

I have to, as I always do when we get bills with the letter “S” in front of them, note my opposition to having bills derive from the other place. We are elected in this House to represent Canadians; they are not. In a mature democracy all bills should come from the House of Commons, the appropriate place for bills to originate. We see a government that used to talk about political reform and the reform of our parliamentary democracy use this parlour trick over and over again. As a democrat, I object to it and most of my constituents do. I note that in this case, Bill S-7 comes from the Senate and I want to state my opposition to that continued abuse of our parliamentary democracy.

I want to touch on another process issue, and I will give a number instead of a letter this time: 91. It is the 91st time we have had the government invoke closure. We all remember when this government's members were in opposition they decried, opposed strongly and fervently, certainly Preston Manning did, the whole notion of closure and limits on debate.

Today the House leader got up to do his duty for his government and abuse the power it has and shut down debate. It is interesting, because we have present members, we just heard from one, who used to be Reformers. They talked about the importance of debate and the fact that the Chrétien government was always shutting down debate. Now it is water off their backs.

Today, the Conservatives brought in Bill S-7, a bill coming from the Senate into Parliament, which is strike number one against the whole notion of any form of reform of the parliamentary system we have here. Second, they brought in time allocation for the 91st time with this government. It is unprecedented, historic. Those numbers and those letters say everything about the government. The Conservatives have lost their way. I am not sure if they will be able to come back, but it says a lot about principles.

The title of the bill is interesting, because we are also debating a very important bill right now, Bill C-51. The term the Conservatives are using is “an act to combat terrorism”. The actual nomenclature for that bill is “an act to enact the security of Canada information sharing act”, which is actually about giving more powers to CSIS and about sharing information, but the Conservatives want to make it sound like it is having an impact on terrorism.

With the bill before us, it is actually the inversion of that. The Conservatives are making a political statement with the title that somehow they are taking on barbarism, as if that is presently an issue in daily life in Canada. It is actually about evocation, and the person who stated it best was the Minister of National Defence when he said that they used that title because they want to educate people. It is kind of interesting. I have never heard before from the government that it would use the titles of bills to educate. I know it uses them often to provoke, and certainly at times in the past to wedge, but the fact that it is using the word “barbaric” to educate is rather fascinating. I did not really understand the minister's lesson other than that the Conservatives wanted to let people know that there are barbaric things going on in our world and they will clean them up. When we actually look at the bill and look at the testimony, it does not measure up at all.

This kind of evocative title does a disservice to the Conservatives' own issue, which might be an important issue. It is an important issue to look at any abuse of anyone, and certainly the rights, the misuse and abuse of the sanctity of marriage. If there is a real issue, it should be dealt with, but when we go to extremes in our language or our rhetoric, it undermines the issue on which we should be focused.

Yes, there are cases in this country of polygamy. There are cases of female genital mutilation and cases of children whose rights are being abused. We were talking about child protection today at the foreign affairs committee and what things we could do to help protect children abroad.

When we get into the business of using language to evoke or, as in the mind of the Minister of National Defence, educate, as if he is going to educate the rest of Canada on this issue, which is interesting, it actually undermines what we are setting out to do. This is where I would like to get into the meat of the bill and what it purports to do.

We just heard the parliamentary secretary answer an excellent, simple question from my friend from Pontiac, which was could he give us examples, certainly the three recent cases, as to where this bill would actually make a difference. To give credit to the parliamentary secretary, he said the case was dealt with within the parameters of the law we have now. The question is, what is this really about?

I think everyone in the House has concerns about abuse of the immigration system, trying to force people into marriages or the practice of polygamy, and it should be dealt with, but I want to enumerate for people why New Democrats are opposed to this bill when looking at the criminal law now.

I know that you, Mr. Speaker, as a practising lawyer and having taught law, will appreciate this. Right now, criminal law already provides resources, irrelevant in most cases, involving forced marriage prior to and after the marriage, as well as in cases of travelling with minors, which we have seen, with the intent to force them to marry, including uttering threats. That is covered off in subsection 264.1(1) with regard to assault causing bodily harm, assault with a weapon, and aggravated assault, sections 265 to 268.

Another aspect of this bill, which the government claims we need is around sexual assault causing bodily harm or sexual assault with a weapon and aggravated assault, forms of intimidation. That is covered under sections 271 to 273 of the Criminal Code. Kidnapping, as it is relevant and cogent to the issue, is covered off in section 279. Forcible confinement, which was referred to by the government as being required, is covered off in subsection 279(2). Abduction of a young person is covered in sections 280 to 283. Procuring feigned marriage, which is simply forcing someone into a marriage that is not the case, is covered off in section 292 of the Criminal Code.

Removal of a child from Canada with the intent to commit an act outside of Canada, which would be one of the listed offences if committed in Canada, is covered off in section 273.3. What about extortion? That is covered off in section 346. There are a couple more, but I will not go through them all because it would take me longer than the time I have. The one I want to highlight in the Criminal Code is spousal abuse, abuse of a child, and abuse of a position of trust or authority. The aggravating factors are covered off in section 718.2.

The question is: why is this in front of us and what is required? There is a case to be made that more needs to be done in terms of resources to help the people who might be victimized, and that is where we have to focus. That is not being provided. The government is cutting budgets in these areas.

I will leave the House with the following. It is interesting that the Conservatives are dealing with this case, but at the beginning of this month, I attended a protest outside the immigration office made up of people, who were legitimate actors, trying to get their marriages recognized. They are having to wait two years because of a lack of processing by the government. I would like the government to take a look at that.

What about the legitimate people who are waiting here, who are inland marriage sponsors, and having to forgo their families, having to pay for their own health care, et cetera? While the Conservatives are looking at this issue, I hope they are seized with those who are legitimate actors, who have legitimate marriages, who are legitimately recognized, and who the Conservatives are ignoring. Hopefully, they will turn their attention to that issue, because these people are forgoing the opportunity to provide Canadians with their talents and plans to have families, et cetera.

Business of the HouseOral Questions

March 12th, 2015 / 3:05 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I have bad news and I have good news.

The bad news of course is that, as we just saw, this is the 91st time that the government is imposing time allocation and closure in this session.

The good news is that there are only 200 days before Canadians have their say about this government, throw it out of office and vote in an NDP government on October 19.

This week we have seen repeated closure through the use of time allocation at record levels, levels that are twice as bad as the previous bad record of any previous government in Canadian history.

We have also seen the denial of witnesses to speak on Bill C-51. Members will remember the Conservatives saying in the House that they would do a thorough vetting of Bill C-51. They are even denying having the Privacy Commissioner come before the public security committee.

There are other things as well. As members know, we have no budget and no plan at a time in Canadian history when Canadian families are struggling under a record Conservative debt load that is the worst in our history, and we have the worst quality of jobs that we have seen in Canada in a generation.

As well, Conservative scandals are multiplying. We have the Senate scandals. The Duffy trial is starting. We have the Public Works scandal. We have the Centre Jean Bosco scandal. We have a range of scandals.

However, as I mentioned, the good news is that there is 200 days before Canadians can choose to throw the current government out of office.

My question to the government House leader is simply this. What will the government's agenda for the next sitting week be?

Public SafetyOral Questions

March 12th, 2015 / 3:05 p.m.


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Lévis—Bellechasse Québec

Conservative

Steven Blaney ConservativeMinister of Public Safety and Emergency Preparedness

Mr. Speaker, a government's primary role is to protect its citizens.

Women in particular are often targeted by terrorists, which is why we need to do everything in our power to protect them as much as men. That is why I invite my colleague to support Bill C-51. If she has any questions on that, I would be glad to answer them.

I was happy to appear before the committee for two hours. This is an important bill that promotes the rights and freedoms of Canadians, while also protecting them.

Public SafetyOral Questions

March 12th, 2015 / 3 p.m.


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Independent

Manon Perreault Independent Montcalm, QC

Mr. Speaker, law enforcement agencies in Canada work hard to fight organized crime, but police officers have to deal with budget and legal constraints.

In addition, aboriginal women are overrepresented when it comes to violence and tragic disappearances. Here too, the police would like to have new legislative tools from the government.

With Bill C-51, the government is overlooking key safety issues and sidestepping other serious problems.

Does the government think it makes sense to combat terrorism when so many other situations also require expanded legal powers?

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, we will give the minister a second chance. The minister may not like what the Privacy Commissioner has to say, but that is no reason for the Conservatives to block him from the committee.

Bill C-51 would make sweeping changes that would have serious privacy implications for all Canadians. The Privacy Commissioner has warned that this bill would give the government, in his words, “virtually limitless powers to monitor and, with the assistance of Big Data analytics, to profile ordinary Canadians”.

Why are the Conservatives refusing to allow the Privacy Commissioner to appear before the committee so all Canadians can hear his concerns?

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, Bill C-51 will have a significant impact on the rights and freedoms of Canadians, and yet the Conservative government refuses to hear from a key witness: the Privacy Commissioner, Daniel Therrien, who believes that Bill C-51 is “clearly excessive”.

Daniel Therrien was appointed by the Prime Minister. He is a specialist who was presented to us as someone who is able to strike a balance between security and privacy. Why then is his expertise being ignored when those issues are at the very heart of Bill C-51? Why this selective listening on the government's part regarding this bill?