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.

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September 28th, 2016 / 3:20 p.m.


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Liberal

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.

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September 27th, 2016 / 5:10 p.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, 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—

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September 27th, 2016 / 5:10 p.m.


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NDP

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?

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September 27th, 2016 / 5:10 p.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, I 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?

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September 27th, 2016 / 4:55 p.m.


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NDP

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—

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 4:55 p.m.


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Conservative

Peter Kent Conservative Thornhill, ON

Madam Speaker, we in the official opposition still disagree with respect to Bill C-51. We are reassured that the government, since the election and some of the promises it made in that campaign, has come to see the virtues in Bill C-51.

However, that aside for the moment, to your very logical points with regard to the legislation before us, we agree it is legislation which is fundamentally flawed. I noticed you were just getting to pointing out—

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 4:55 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, certainly I acknowledge that the consultation is going on. My concern is that it is an excuse for inaction. Certainly, Bill C-22 is a crucial bill but is no substitute for action to fix or repeal Bill C-51. Oversight is not a burden. Good oversight will help build public trust and ensure that our security services are more effective in a dangerous and changing world.

Canadians expect a watchdog that is both independent and has teeth. Bill C-22 needs to be amended to ensure that this committee has full access to classified information, adequate resources, and the power to share its findings with Canadians in an informative and transparent manner, subject to justifiable limits.

The government will have to work hard to earn the trust of Canadians after failing to deal with the question of changing Bill C-51, and to rebuild that trust we need a strong, independent, and effective oversight committee.

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September 27th, 2016 / 4:55 p.m.


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Liberal

Adam Vaughan Liberal Spadina—Fort York, ON

Madam Speaker, we are consulting with Canadians to make sure that we do not just focus solely on Bill C-51 but in fact address all of the security issues to ensure that when we come forward with legislation it embraces the full scope of what needs to be fixed to get the proper laws in place around public safety and protecting charter rights. The member is aware that consultation is under way, I hope the House understands that, and I would like to see a comment reflecting the importance of that consultation.

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September 27th, 2016 / 4:40 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I will be splitting my time with the member for Cowichan—Malahat—Langford.

I rise today in support of Bill C-22 at second reading. This should not be a surprise to anyone in the House, because New Democrats from the beginning of these debates about national security have always argued that effective oversight of our national security agencies is necessary in a free and democratic society.

We also know that independent and effective oversight is essential to ensuring that the government fulfills both its responsibilities: a responsibility to protect our civil liberties, and the responsibility to keep us safe. Just as all of us also cherish our civil liberties, none of us in the House doubts that the threat posed by terrorism is very real.

Therefore, I will begin my discussion of Bill C-22 today with what I am sure many members will find is a long preamble, both about my concerns about Bill C-22 being part of a larger government strategy to avoid action on fixing Bill C-51, now the Anti-terrorism Act, and about why the passage of Bill C-51 makes effective oversight even more crucial. I will then conclude with some remarks on why I fear that Bill C-22 will not provide the effective and independent oversight we need without significant amendments.

Bluntly stated, I fear the Liberals will use the passage of Bill C-22 as an excuse to avoid action on Bill C-51. The Liberals promised during the election that they would introduce a bill that would address their concerns regarding Bill C-51. They said they were voting for the bill at the time, but that it had problematic elements. Once again today, the minister listed about 10 things that he finds problematic in Bill C-51.

I appreciate the relisting of those concerns, but here we are one year later and the Liberals have failed to put any specific proposals before the House other than Bill C-22, which is only one aspect of the national security concerns, although the minister says that it is the centrepiece. Again, I would submit that the centrepiece really ought to be fulfilling the election promises to fix Bill C-51.

When the minister talks about his consultation, he skips over what I think is an important fact. What the Liberals said they would do was introduce a bill to amend Bill C-51 and then conduct consultations. In fact, what they have done is turned their promised changes into a list of things to discuss as part of a broad general consultation on national security.

Therefore, we have proposed the repeal of Bill C-51, as this is the quickest and simplest way to restore our rights. We know that Bill C-51 tramples our civil liberties without doing anything to make us safer.

We know that both the Liberals and the Conservatives have bought into the idea that national security requires a balance between our freedoms and safety, and that somehow we can purchase security by giving up some of our rights. New Democrats believe that the responsibility of the government is to protect both our rights and our security, at one and the same time. It is a difficult task, but one that we must undertake in a democratic society.

If the Liberals really believe parts of Bill C-51 should be kept as they are, then it is up to them to tell us in the House which parts and why. New Democrats would be happy to work with the Liberals to help defend the rights of Canadians by repealing, or at minimum, amending Bill C-51.

In the meantime, as these debates have gone on, the federal government, whether Liberal or Conservative, has failed to provide any additional resources for those things we know to be the most effective in fighting terrorism: effective investigation and enforcement, and de-radicalization programs.

During the hearings on Bill C-51 in the public safety committee, we heard from the RCMP commissioner and the director of CSIS about having insufficient resources to meet national security challenges, yet there have been no real increases in spending for CSIS, the RCMP, or the CBSA by either the Conservatives or the Liberals since 2012. De-radicalization programs still are not functioning at the community level, despite all the promises and despite some good preparatory work. They are still not out there running on the ground. If we are going to fight the threat of terrorism, we need to focus our resources on de-radicalization and on the traditional intelligence and enforcement work that have served us relatively well so far.

With all of this in mind, New Democrats have called for the repeal of Bill C-51. New Democrats have always believed that the Anti-terrorism Act is in fundamental conflict with our civil liberties, and that these infringements on our civil liberties do nothing to make us safer. This is why we voted against the bill at the beginning. In fact, the overall impact of Bill C-51 is to cast a net so wide that it may actually prevent enforcement authorities from focusing on what are in fact the very real threats to our safety.

This point was reaffirmed by several witnesses in the public safety committee when we had the discussion of Bill C-51, including the former head of national security for the Toronto Police Service. He said that when we were looking for a needle in the haystack, the last thing we needed was more hay.

A bill that requires collecting vast amounts of information on people who pose no threat at all, which is ordinary Canadians, and collecting information on those who are engaged in legitimate dissent may in fact make us less safe by providing too much hay to the enforcement authorities.

Indeed, the Anti-terrorism Act is being challenged in the courts in a case filed by the Canadian Civil Liberties Association jointly with Canadian Journalists for Free Expression. This case was filed just a month after the bill's passage. However, the backlog in our courts means that a decision from the Supreme Court on the constitutionality of Bill C-51 will not come for at least another three years. That is cold comfort to those whose rights may be breached in the interim. That is why independent and effective oversight becomes so crucial while Bill C-51 remains in force.

Bill C-51 has now been in place for more than a year without any additional oversight and without the Liberals' promised report to the House of Commons by the CSIS director on the use of its new powers. At this point, we are left with no evidence whatsoever to support the contention that Bill C-51 has done anything to make us safer. If that evidence exists, it should be presented in the House.

The reason Bill C-22 and having effective oversight of our national security agencies is so important is precisely because of the threats to civil liberties posed by Bill C-51. Let me talk about those briefly.

First, the definition of national security in Bill C-51 is so broad that it potentially captures many forms of legitimate dissent. First nations leaders and environmental activists in particular are concerned that they can be subject to surveillance and even disruption of their activities as a result of the broadening of the definition of national security in Bill C-51 to include the economic security of Canada and to include critical infrastructure, read pipelines. Only “lawful” dissent would be explicitly protected. Good luck to those who inadvertently violate a court injunction or trespass as part of a demonstration or other action in defence of aboriginal and treaty rights or in the fight against climate change.

Second, Bill C-51 conflicts with the fundamental principles of Canadian privacy law by allowing the widespread sharing of personal information with other departments and even foreign states. We have always lived in Canada with the assurance that information collected by the government in Canada will only be used for the purposes for which it has been collected, and that it will stay in Canada. Bill C-51 has changed all that, and those are the concerns the Privacy Commissioner was raising in his report today. Those are the concerns that he asserts, quite correctly I believe, are not raised in the government's discussion paper.

The third challenge to our civil liberties are the new powers that were given to CSIS to act illegally and in secret without any additional oversight. CSIS is prohibited only from using murder, sexual assault, and interference with the justice system as tactics. This hardly fits with the idea of a democratic society and rule of law that most Canadians hold dear. If, and only if, CSIS sees it as necessary, then it can seek a warrant from the courts to violate charter rights. I am sure this provision will be found unconstitutional.

This provision gives CSIS and the courts a role in deciding when it is okay to limit charter rights, and that is a power that constitutionally belongs to this Parliament and only this Parliament. It is not the purview of CSIS to decide what are reasonable limits on free expression, and it is not even the purview of the courts to decide that. The courts have left that to legislation passed in Parliament, and rightly so.

The fourth threat to our civil liberties is the creation of this new broad criminal offence of supporting terrorism “in general”. This lacks the element of intent that is normally required for a criminal offence. We do not impose criminal penalties in Canada unless harm was intended. This therefore infringes on rights to free speech in terms of things like fair comment by journalists who might wish to cite writings by someone advocating terrorism as part of their investigation. It interferes with the rights of authors of fiction, of satirists, and with all kinds of people who have legitimate reasons to make statements about terrorism in general with absolutely no intention of inspiring terrorist acts, but they will fall under the purview of this new definition.

The fifth threat is that Bill C-51 lowers the standard applied to police action in national security cases in several different parts of the bill, from reasonable grounds based on evidence to mere suspicion. I find this disturbing in light of Canada's record of the detention of literally thousands of Canadians in times of crisis who were later found to have committed no offence whatsoever. This includes Japanese Canadians, Ukrainian Canadians, German Canadians, and Italian Canadians in World War II, and even Quebeckers in the 1970s.

Although there are more, I will deal with the no-fly list. Bill C-51 expanded the no-fly list to include all persons posing threats to this broader definition of national security. It did so without fixing the underlying problems in the list. This list still results in many Canadians being denied the right to travel in error because their name is similar to someone else's. It even has resulted in multiple instances of children being denied the right to fly. The list needs to remain focused on those who threaten aviation. What Bill C-51 has done again is to expand that list to include everyone who might be a threat to national security.

This is another example of the needle in the haystack and providing way too much hay to be dealt with at the airport. Therefore, we need to keep the focus on those who actually threaten our flights. All of the outstanding problems with the no-fly list could have been fixed by regulation. However, that task has been made much more difficult by expanding the list and using the new broader definition of national security.

Turning to the bill before us very quickly, I think there are some gaps here. We find a bill that is clearly necessary but I would argue is fundamentally flawed. We need a truly independent committee that would report to the House of Commons and not the Prime Minister. This would affect the confidence the public can place in the committee's reports. At minimum, there needs to be limits placed on the power of the Prime Minister to sensor and redact committee reports.

A truly independent oversight committee should also elect its own chair. Instead, the bill proposes that the Prime Minister choose the chair, and indeed the Prime Minister has already designated a chair for the committee before it has even been constituted. This means that the chair owes his job to the Prime Minister and not his fellow members of the committee. Electing a chair is a practice of our allies in all the other jurisdictions.

If I can just take—

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 4:35 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I was quite surprised to hear the minister describe the centrepiece of Liberal national security policy as this piece of legislation. Canadians are under the impression that the centrepiece of the Liberal national security policy would be fixing Bill C-51, which they promised to do in the campaign. It is important to have oversight and review but what the Liberals made front and centre during the campaign was to fix the problematic elements of Bill C-51.

My specific question deals with the Privacy Commissioner's report. With all due respect, the minister has mis-characterized his concerns about the consultation process. The Privacy Commissioner did not say it is impossible to raise concerns about privacy. He said he was disappointed that the government did not make privacy issues a part of the consultation process.

I would like to know what the minister intends to do now to correct that oversight in the consultation process, because Bill C-51 raises serious concerns about our privacy rights in Canada. How was that not included in the consultation he is doing?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 3:40 p.m.


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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, it is a pleasure to speak to Bill C-22, legislation about which we, as the official opposition, have a lot of apprehension.

I would like to refer to the earlier speeches of my colleague from Durham and my colleague from Bruce—Grey—Owen Sound, clearly articulating some of the shortfalls in Bill C-22.

As someone who has been here for over 12 years, as a parliamentarian who has nothing but the greatest respect for this chamber and this institution, I believe Parliament has a key role to play in providing oversight to all sorts of government agencies, which include our security and intelligence agencies. Unfortunately, the bill of goods that is being presented in Bill C-22 falls far short of giving proper parliamentary oversight.

As has already been alluded to, there is a concern already, before the committee has been struck and before the legislation has passed and properly studied at committee, that a chair of the committee has already been named, the member for Ottawa South.

I suppose we should not be too surprised about that, knowing that the Prime Minister's BFF, Gerald Butts, and his chief of staff, Katie Telford, used to work for former premier Dalton McGuinty, the brother of the member for Ottawa South. That is a connection that a lot of people have made, one that we know is of concern about whether this committee will have true independence and be able to function the way we expect parliamentary committees to function.

We have looked at this, debated it, and have had conversations already about what our other Five Eyes partners are doing in the United States, the United Kingdom, Australia, and New Zealand. This function has been missing in Canada over the years.

One of those reasons is that we have, within the Canadian system, ombudsmen and commissioners who oversee most of the intelligence agencies, like Communications Security Establishment Canada, CSEC, that operates under National Defence. As a former parliamentary secretary to the minister of national defence, I am well aware of the activities of the organization. As the defence critic, I still appreciate the role the commissioner plays in being independent and reviewing all the activities that are undertaken to ensure CSEC stays on point, the same thing that happens with CSIS. When there are issues, they report it immediately to Parliament. We get the information we need to make a decision as parliamentarians.

What we see in Bill C-22 is not a committee of Parliament. It does not mirror what is happening in the United Kingdom or in Australia, where the committee is appointed by Parliament and the committee functions as a parliamentary committee. What we are seeing here is something that is actually working out of the Prime Minister's office. That is what is being proposed.

If we look at the United Kingdom, and we always want to go back the mother of Westminster Parliament in London, it established its committee back in 1994, and it has worked incredibly well. Politics was left at the door. It works in collaboration. It looks over the operational and security measures that agencies are taking within the government. In 2013, parliament even expanded that committee's role. It is important that this is done because the committee reports back to parliament. It is not beholden to the prime minister, it is not beholden to any minister of the crown.

Australia also has a parliamentary joint committee. Again, it was set up by parliament, and it oversees six different security agencies. Again, we see this as being the proper way to do it, in that parliament has control of the committee.

I know there is some concern when we look at the history of this place. Probably its recent history is when we established the special committee on Afghan detainees, the transfer of those detainees, how those individuals were treated by the Canadian Armed Forces, and what happened to them after they left.

First, we were looking at having an all-party committee, but the NDP of the day decided not to participate on a committee, because it would have to be done in secret, and information gleaned through that process could not be used in the public domain. Therefore, they took a pass on sitting on the committee, and so just the Liberals and Conservatives sat on that committee and went through thousands and thousands of unredacted documents to try to determine whether or not there was any abuse, until they determined there was not.

I can see why the Liberals are up here speaking in favour of Bill C-22, but I think they are somewhat confused. If we look at their promises in the last election campaign, we see on page 31, on national security oversight, it says that:

We will deliver stronger national security oversight.

At present, Parliament does not have oversight of our national security agencies, making Canada the sole nation among our Five Eyes allies whose elected officials cannot scrutinize security operations. This leaves the public uninformed and unrepresented on critical issues.

The key word here is “Parliament”; it does not have oversight. What the bill before us would do is create an all-party committee, but it is not a parliamentary committee.

The Red Book from the last federal campaign for the Liberals, on parliamentary committees, says that they will “...strengthen Parliamentary committees so that they can better scrutinize legislation”. It also brought forward great ideas, such as making sure that they have non-partisan research, and that they would have committee chairs elected by secret ballot. They talked about having ministers and parliamentary secretaries removed from committee and not able to vote on committee.

Therefore, everybody assumed that we would review parliamentary committees, make them more independent, and allow members of Parliament to work and elect chairs, and that it would happen with the national security oversight. I can see how members from the Liberal caucus would be confused, because the two of them went one right after the other and they just assumed that they were going to have a true parliamentary committee.

We can look to the comments and rhetoric that have come from the government in the past. I listened earlier to the member for Malpeque. He has been in this place for a long time and has made some comments about wanting to have parliamentary oversight. He said, when he was speaking in the House in the last Parliament, “The key point here is that I really cannot understand the government's unwillingness to look at proper parliamentary oversight”. The key word is “parliamentary”.

He said later that “I'm strongly advocating oversight, parliamentary oversight”. This was in the debate on Bill C-51 and one of the demands.

Also, the member for Vancouver Quadra brought forward Bill C-622, which was about trying to establish legislation to provide more security agency oversight through Parliament.

Therefore, I can see why there is confusion among Canadians. I can see why there is confusion among Liberals when they have actually always talked about parliamentary oversight, but what we are seeing today is that this process in Bill C-22 is all about having more control by the Prime Minister's Office.

I have the bill in front of me here, and I have read it carefully just so I can raise my concerns and the reason I have these concerns about the way this committee is being established. If we look at subclause 4(3) of Bill C-22, we see it says clearly that:

The Committee is not a committee of either House of Parliament or of both Houses.

Therefore, we are not talking about a committee of Parliament. It has no responsibility to Parliament. As a matter of fact, the extra remuneration that has been awarded to the chair and committee members will come from general coffers and not through parliamentary budgets.

The bill goes on to say in subclause 5(1) that:

The members of the Committee are to be appointed by the Governor in Council, on the recommendation of the Prime Minister, to hold office during pleasure until the dissolution of Parliament following their appointment.

Well, parliamentary committees are established through whips assigning people onto committees, and chairs are elected by the committee, but not in this case. In this case, the Prime Minister will appoint every single member of the committee.

On the Senate side, it says that the Prime Minister will consult with a member of the Senate and then appoint those members. We have senators who are independent, and those members who are independent, of course, are appointed to the Senate on the recommendation of the Prime Minister, so they are beholden to the Prime Minister, and now the Prime Minister will appoint those independently Prime Minister-appointed senators to the committee. So definitely those senators, up to two members on the committee from the Senate, will act in the interests of the Prime Minister. Then members of other parties will be appointed by the Prime Minister after he has talked to the leader of that party.

That in itself clearly documents the shortcomings in Bill C-22. I encourage caucus members in the Liberal Party to read through it, to clearly understand that the bill of goods they sold Canadians in the last election was false. To make the point, in subclause 12(1), it says:

Despite any other law, no member or former member of the Committee may claim immunity based on parliamentary privilege in a proceeding against them in relation to a contravention of subsection 11(1) or of a provision of the Security of Information Act....

Here in Parliament we have immunity and true freedom of speech. That is removed from the committee, making the point that this may be a committee that has parliamentarians on it, but the committee is not part of this institution; it is part of the Prime Minister's Office.

Then we go to the information that the committee can use, and we continue to see that there are restrictions placed on the committee, on the information it gleans. There are actually seven exemptions keeping the committee from really doing its work of ensuring that intelligence agencies are taking our national security seriously and of protecting the rights and freedoms of individual Canadians.

We have to wonder whether or not the people of Canada, when they elected the government, fully understood that they were not going to get what they really deserve, which is true parliamentary oversight. There are exceptions. Members are appointed by the Prime Minister. Ministers have the right to refuse to give information of any department, so if there is any department that the committee wants to investigate, the minister can refuse that information. Even before it is out of the gate, it is already handcuffed. It is bound, gagged, and completely beholden to the PMO.

The other thing I have trouble with is that the committee chair has a vote on all proceedings. We see that only occasionally in our parliamentary process, on special joint legislative committees where a chair has a vote on policies, debates, and motions at committee and can also cast a vote to break a tie. It has been suggested here that the chair of the committee gets to vote, plus gets to cast a ballot to break a tie on all votes. Essentially even though Liberals are saying there are going to be four Liberals as it sits today on the committee, there are actually five because the chair has two votes.

In clause 21, it says the report is not presented to Parliament. The committee writes a report that is presented to the Prime Minister and to the minister or ministers whom it impacts. They get to vet all the reports. How is that freedom of speech? How is that our ability as parliamentarians to do our job if, when the committee reaches a decision, it still gets vetted by the PMO and vetted by the affected minister. That is beyond the pale of proper parliamentary procedure and democracy.

Not only do they vet it, but it actually says right in the legislation in subclause 21(5) that the chair of the committee will get direction from the Prime Minister or from the minister on how to properly write the report if they are not happy with what is in it.

It states that “the Prime Minister may direct the Committee to submit to the Prime Minister a revised version of the annual or special report that does not contain that information” about which they are concerned.

There are some major political gains and games that will be played in this process, and it is something that needs to be seriously looked at for amendment if Canadians are going to have faith in this process.

It continues on with a minister having the ability to refuse to provide any information. The committee can write a report about its dissatisfaction with that minister, but at the same time, has no control over whether a report would even get tabled.

There are not the checks and balances that we need to see in Bill C-22. That is why, as the official opposition, we are opposing the bill, unless some substantive changes are made.

I know that the member for Durham has tried on a number of occasions to reach out to the Minister of Public Safety and Emergency Preparedness and our Liberal counterparts, along with the member for Victoria in the NDP caucus, to ensure that we develop a piece of legislation that everyone here would be comfortable supporting. Unfortunately, that fell on deaf ears.

This bill was tabled in the dying days of the summer session, just before the summer recess in June, so we did not have a chance to have a proper discussion on this bill, and we have only got an opportunity now to express our concerns over what is a poorly drafted piece of legislation. Canadians expect more. If parliamentary oversight is going to be provided, it had better be true parliamentary oversight and not just an extension of the Prime Minister's Office wielding its authority over parliamentarians.

Actually, I am baffled why anyone in the Liberal caucus, especially on the backbench, would want to be so tied up by the authority of the PMO. If Liberals wanted to exercise their rights and obligations as members of Parliament in the House and represent their constituents, they would be demanding that this committee become a true extension of Parliament, that it be set up the same way standing committees are set up, become part of the Standing Orders, elect its own chair, and table the reports here in the House.

We agree that the members from all parties who sit on this committee should be properly vetted. We agree that they should all take an oath to commit themselves to protecting the information they are going to see, as this is not information that should be used for partisan political purposes. This is about the security of our nation and the protection of Canadians, as well as protection of their rights and freedoms.

We also believe that the people who sit on this committee should have experience on issues of national security, national defence, and policing, so that the information they are going to look at in no way startles them or causes them to make ill-informed decisions.

We really urge the government to fix this legislation so that there can be all-party support. However, until it does, the official opposition, the Conservative Party of Canada, will oppose it since it does not reflect the promises made by the Prime Minister in the last federal election, it does not respect this institution, nor would Bill C-22, in its current form, achieve what we hoped it would achieve, proper parliamentary oversight.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 3:25 p.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Mr. Speaker, as I was saying earlier before being interrupted for oral question period, I think that Bill C-22, to establish an independent committee of parliamentarians to oversee the actions of our intelligence agencies, is a step that should have been taken long ago.

For example, the United Kingdom has had such a committee since 1994. Australia formed one in 1988 and New Zealand in 1996. Canada is at least a decade behind. The step we are taking today is way overdue, as they say.

When Parliament was passing Bill C-51, four former prime ministers, namely Jean Chrétien, Paul Martin, John Turner, and even Joe Clark, a Progressive Conservative prime minister not a neo-conservative, recommended that this oversight committee be formed. They recommended oversight of Canada's overseers and said that it would take an independent committee that would be called to review the actions of our intelligence agencies. These four former prime ministers were accompanied by a host of former Supreme Court justices and former justice ministers, including Irwin Cotler, for example.

According to them:

Accountability engenders public confidence and trust in activities undertaken by the government, particularly where those activities might be cloaked in secrecy. Independent checks and balances ensure that national security activities are protecting the public, and not just the government in power.

Consider the extent of the resources used in the name of security in Canada. Communications Security Establishment Canada, which I am more familiar with than the other intelligence agencies such as CSIS or the RCMP, has annual expenses of about $500 million and its headquarters cost us $1.2 billion. CSE's headquarters is the most expensive building in the history of Canada.

In 2010, we learned that CSE was analyzing 400,000 emails a day to mitigate risk to information technology. These were emails sent to the government.

In 2014, we learned that CSE had studied email and cellphone metadata from Canadians travelling through a Canadian airport without actually getting their consent.

Before the Spencer decision, we learned that a number of Canadian telecommunication companies were voluntarily handing over information at the request of intelligence agencies without judicial authorization.

Under the circumstances, I do not think it is an extravagance to have an independent parliamentary committee overseeing the activities of our intelligence agencies, thereby ensuring that they do not act with impunity and are accountable not only to themselves but to elected parliamentarians.

Bill C-22 also addresses people's expectations for such a committee. Professor Craig Forcese, for whom I have tremendous respect, articulated certain expectations. He talked about four essential factors.

First, efficacy must be part of the committee's mandate. The committee must be able to evaluate whether our intelligence agencies are using their vast sums of money effectively. That is part of the committee's rather broad mandate. He also talked about propriety. The committee has to review whether government intelligence agencies are acting within their legal mandates.

Mr. Forcese also mentioned that the committee has to look at the whole picture. It cannot look at just the RCMP, CSIS, or Communications Security Establishment Canada. It must take a good look at the national security activities of all our intelligence agencies. His fourth and final proposal is to have enough money and human resources for the committee to do a good job. All these proposals are within the committee's mandate.

The committee created by Bill C-22 meets all the criteria. In my opinion, we will have an effective committee and one that will be useful for Canadians. It is a first step in the right direction, the first in a thousand-mile journey towards having checks and balances on the power given to intelligence agencies.

We need to have better and more robust checks and balances, especially when it comes to the fundamental rights of Canadians. I am hopeful about the thousand-mile journey we have to travel, especially with Bill C-22 as our first step. First and foremost, we need to return to specific judicial authorization regarding legal access. Judicial authorization, that is, a judicially authorized warrant for a specific person, for specific purposes, must be the norm in Canada. It must be the basic rule, and there must be no getting around it. In fact, I think we must be very strict about that.

In that regard, I congratulate the Liberal Party for having introduced Bill C-622 back in the day, a bill that required CSE to obtain judicial authorization before intercepting any Canadians' communications. That is not necessarily required at the moment. The ministerial authorization is broader. I hope we return to specific judicial authorization for access to Canadians' private communications.

The second thing is that there is no definition for metadata in any Canadian legislation. In the 21st century, we need to define metadata, particularly in terms of private communications. That would be an additional protection, especially when we know just how useful and precise metadata are.

For instance, Dr. Ann Cavoukian, Ontario's former information and privacy commissioner, said that metadata were more intrusive than the contents of a communication, because they make it possible to track people's habits and create very specific portraits.

The third thing has to do with Bill C-51. I know we are reviewing the bill and that we still have some consultations to do, but the information sharing the bill allows is fairly draconian. There is a way to limit information sharing among government agencies. The Maher Arar case showed us just what kind of impact that can have.

If we want to protect both Canadians and rights, an independent committee overseeing the activities of our government agencies is not too much to ask for. It is our job as legislators to strike a balance between protecting basic rights and protecting the physical integrity of Canadians. Bill C-22 is an excellent first step in that direction, and we have been waiting for it for at least 10 years.

Public SafetyOral Questions

September 27th, 2016 / 2:40 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, let us talk about those consultations.

Today, the Privacy Commissioner criticized the government because the Bill C-51 consultations are not examining the impact of this bill on democratic rights and privacy. He said, “The scope of these consultations is too narrow. They don’t appear to be looking at key privacy concerns...”.

Will the minister acknowledge that his government has done nothing and has no proposal, and will he recognize people's real concerns about privacy and repeal Bill C-51?

Public SafetyOral Questions

September 27th, 2016 / 2:40 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, on Bill C-51, I assure the hon. gentleman that the government will in fact implement exactly what was in our policy platform at the time of the last election. With respect to the Privacy Commissioner, I consider him to be an exceedingly important parliamentary watchdog. His views matter. I welcome his scrutiny on specific issues, and I am very pleased to have him vigorously engaged in consultations about the very best possible national security framework for Canada. His advice will be invaluable.

Public SafetyOral Questions

September 27th, 2016 / 2:40 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, Canadians still overwhelmingly oppose Bill C-51, and the Liberals promised a major rollback, even though they voted for this Conservative legislation. Yesterday, I introduced a bill that would repeal each and every section of Bill C-51. If the Liberals want to keep any part of that bill, I invite them to make their case here in the House. However, today the Privacy Commissioner criticized the government for not doing enough to review the impacts of Bill C-51 on democratic and privacy rights.

Will the Liberal government implement all of the Privacy Commissioner's recommendations, or will it support my bill to repeal Bill C-51?