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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.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:40 p.m.

The Acting Speaker Barry Devolin

Before we resume debate, I would just like to remind all hon. members of two points.

The first is that when members have finished their speeches and are taking questions, when the question is being asked, members are to take their seats. I have noticed several members recently who have fallen into the habit of remaining on their feet, waiting for the questions to be asked, when they ought to take their seat.

On a related point, when members would like to ask a question or make a comment, standing before the previous answer is completed is also inappropriate. Quite frankly, it results in the opposite of what members want, which is that the Chair will not recognize somebody who has been standing through the previous answer in order to not reward conduct in which members were not supposed to be engaging in the first place.

With that, thus endeth the lesson.

Resuming debate, the hon. member for Medicine Hat.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:45 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, first of all, I would like to thank my outstanding hon. colleague for Richmond Hill for sharing his time with me and also for his hard work on this file. It is an important file, and I am pleased to be on the public safety committee. It is also my pleasure to rise today in the House to debate Bill C-51, the anti-terrorism act, 2015.

We find that the world we live in today is a dark and dangerous place. This was most brutally demonstrated by last October's attacks in Ottawa and in Saint-Jean-sur-Richelieu. We are not immune to the threat of terrorism, nor are our allies. We have tragically seen this in Paris, Sydney, and Copenhagen, beacons of western civilization struck by jihadist terrorists. Let us make no mistake: the international jihadist movement has declared war on Canada and her allies.

The legislation before us today would provide Canadian law enforcement and national security agencies with additional tools and the flexibility to keep pace with evolving threats and better protect Canadians here at home.

However, that is not all we are doing. It is important to fight terrorism at home, but we are also fighting it abroad. Our brave men and women of the Canadian Armed Forces are engaged in a battle with the barbaric so-called Islamic State.

In line with the measures taken by our allies, the government is taking additional action to ensure that our law enforcement and national security agencies can counter those who advocate terrorism, prevent terrorism from travelling, prevent the efforts of those who seek to use Canada as a recruiting ground, and disrupt planned attacks on Canadian soil.

The proposed legislation includes checks and balances to ensure it respects the rights of Canadians and complements other legislation passed by our Conservative government in order to better protect Canadians and secure institutions. These measures include the Combating Terrorism Act and the Strengthening Canadian Citizenship Act. However, I would be remiss if I did not note that the Liberals and the NDP have consistently voted against these types of measures for increasing our national security.

We have heard from both the Liberals and the NDP that they believe more money ought to be invested in CSIS and the RCMP. I find it interesting that when our Conservative government brought forward more funding for these agencies for parliamentary approval, on seven separate occasions the Liberals and NDP voted against this funding.

I would like to look at the facts. The fact is that our Conservative government has increased funding to both CSIS and the RCMP by over one-third since forming government. We will hold that record up any day of the week.

Much has been made by the NDP of portions of the anti-terrorism act that relate to disrupting terrorist threats. I would like to give some concrete examples of how these powers would help keep Canadians safe.

One example would be if a 21-year-old Canadian citizen had become disenchanted with his home life due to videos of sermons given by radical imams. He has additionally sought to acquire copies of Inspire, the English-language magazine published by al Qaeda in the Arabian peninsula. Individuals with this local mosque have advised CSIS that he is planning to travel overseas to engage in terrorist activity.

Currently, CSIS can investigate but cannot do anything to stop the individual from travelling. The furthest CSIS could go is to advise the RCMP that it believes he is about to commit an offence, and the RCMP could launch its own investigation. However, under Bill C-51, CSIS would be able to engage with a trusted friend or relative who could speak to this individual and advise against travelling for terrorist purposes. Further, CSIS would be able to meet with the individual to advise him that they know what he is planning to do and what the consequences of taking further action would be.

Another example would be if CSIS learned that a planned shipment of chemicals might be used in a terrorist attack on a Canadian business operating in a foreign country, but the exact timing was not known. Currently CSIS can share that information with the foreign government and other foreign partners. A travel alert could potentially be issued by Foreign Affairs. Under Bill C-51, CSIS could engage in a joint operation with a foreign partner to disrupt the shipment. For example, the shipment could be rerouted so that it would not be delivered into the hands of terrorists.

Lastly, let us say a Canadian ally warns CSIS that foreign spies are planning to meet with a Canadian avionics firm. CSIS investigates and determines that the spies are posing as businessmen in order to purchase telemetry equipment. This dual-use technology has a civilian application in test programs, but it is also used in ballistic missile targeting.

Currently CSIS, as part of its investigation, can interview officials from the Canadian company to gather information. CSIS can ask the CBSA to check the parts' paperwork at the time of export to determine if there are customs violations.

Under Bill C-51, CSIS could seek and receive a warrant to intercept equipment and alter it so that it would not have any suitability for non-civilian applications.

With this new mandate, CSIS could take measures at home and abroad to disrupt threats when it had reasonable grounds to believe there was a threat to the security of Canada. These threats to the security of Canada are defined in the CSIS Act and include espionage, sabotage, foreign-influenced activities, terrorism, and domestic subversion, which refers to activities directed against the constitutionally established system of government in Canada.

CSIS would only be able to take reasonable and proportional measures to disrupt threats. To do this, CSIS would consider the nature of the threat, the nature of the proposed measures, and the reasonable availability of other means to disrupt the threat. The intelligence services of most of Canada's democratic allies have had similar mandates and powers for many years.

It is important not to misconstrue definitions under the security of Canada information sharing act and the CSIS Act. The threat disruption mandate covers threats as defined in the CSIS Act, namely espionage, sabotage, foreign-influenced activities, terrorism, and domestic subversion.

CSIS is strictly prohibited from undertaking threat disruption activities against individuals engaged in lawful protest or dissent.

I know my time is probably running short and I would like to end my remarks today with a question. Opposition members like to say that this bill will somehow take away rights from Canadians. I would like someone on the other side of the House to explain to me where this legislation authorizes that. As far as I can tell, the only people this legislation will impact are those engaged in terrorist activities, those planning to become engaged in terrorist activities, and those who are advocating terrorist activities. If those are the types of individuals the NDP and Liberals are choosing to defend, I suspect Canadians will have a strong message for them in the next election.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:50 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, as we have seen in the press, former CSIS officer François Lavigne is alarmed by the Conservative government's new bill and believes that the measures proposed are unnecessary and a threat to the rights of Canadians.

We know that CSIS was created in 1984. Prior to that, the RCMP was engaged in illegal activities, and the result was the McDonald Commission, which then created CSIS.

Does the member agree that with the new bill, CSIS will be allowed to do legally what the RCMP was doing illegally prior to the McDonald Commission?

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:50 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, it is interesting to note that the member refers to an individual. I have an individual I like to refer to, the mayor of Montreal and former Liberal cabinet minister Denis Coderre, who said that he expects Parliament to rapidly pass the anti-terrorism act, 2015.

I am wondering if the member opposite and his party will obstruct this important legislation from moving through the House quickly.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:50 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, on several occasions I have heard this particular member, as well as other members of the government, talk about how unelected, appointed people have too much power around here.

Would the member agree that the ultimate oversight in the particular instance of this legislation should belong to the people who are elected to this House of Commons?

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, I am not sure where the member would have heard me say that it is unelected people who have the power. I am totally lost by this question.

I do not recall ever saying that. The member has not given any specific information in terms of which of my colleagues or where he heard that comment. It sounds like a lot of fabrication to me.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

Conservative

Mark Warawa Conservative Langley, BC

Mr. Speaker, I listened intently to my colleague and I appreciate his comments.

The NDP has asked for more time to debate the issue of Bill C-51, a very important piece of legislation to make sure Canadians are safe, yet the NDP moves concurrence motions and uses delay tactics such as slow voting. I think a number of people were probably not able to take part in this debate because of the delays by the NDP.

Would the member agree that there are unreasonable and illogical delays from the NDP?

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, my colleague from Langley has eloquently described New Democrats' slow voting and their obstruction to all kinds of legislation. I well understand that.

I also listened to their leader talking about principled stands on this issue. In that vein, I know New Democrats voted for keeping travelling for terrorist purposes legal. They voted to allow convicted terrorists to keep their citizenship. They voted to stop security agencies from co-operating with our allies. It appears to me that at every step of the way, New Democrats are trying to stop legislation, and it appears that they want to hug terrorists. I do not know for sure, but maybe they could tell us.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I hardly know where to begin. The hon. member for Medicine Hat has been attacking opposition members by saying that we somehow would rather side with terrorists than protect Canadians from an act that is so vague and so sweeping.

If he wants an example, British Columbians will be lining up to commit acts of civil disobedience to stop pipelines if they are pushed down our throats. The candidate for the Green Party in Burnaby North—Seymour, Dr. Lynne Quarmby, was arrested for standing up for her community, the municipality that had already tried to pass a bylaw to stop Kinder Morgan from pushing its pipeline through under this act.

I have asked the Prime Minister, the Minister of Public Safety and Emergency Preparedness, and the Minister of Justice to explicitly state that the act would not apply to acts that were non-violent but broke a law out of conscience, as Conservative members chose to break the law when they never registered their long guns under the long gun registry.

You applaud civil disobedience when it is a law you do not like. Will you recognize that this law will criminalize people and unleash your secret police on protesters in this country?

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

The Acting Speaker Barry Devolin

Before I go to the member for Medicine Hat, I would remind all hon. members to direct their comments to the Chair. I presume that reference was not directed at the Chair, even though it ought to have been.

Anti-Terrorism Act, 2015Government Orders

February 19th, 2015 / 1:55 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, that is too funny, actually. Did she say “secret police force”? I wonder if the hon. member has actually read that CSIS is strictly prohibited from undertaking threat disruption activities against individuals engaged in lawful protest or dissent.

She obviously has not read the legislation and she would like to twist it so that it fits her narrative, so what can I say?

Members opposite need to read the legislation and understand what it really means, which is that we will protect Canadians in their right to lawfully protest and demonstrate.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 3:10 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-51, the Anti-terrorism Act, 2015, introduced by the Conservative government.

I want to start by talking about what has happened since the debate started in the House of Commons. Unfortunately, less than 24 hours after the debate on Bill C-51 started, the Conservative government moved a time allocation motion to restrict the time for debate. This is the 88th time that the Conservative government has done this in the House—an all-time high. There is no pride to be taken in preventing parliamentarians from doing their job.

I had to wonder why the Conservatives moved this time allocation motion, since when they introduced Bill C-51, they promised to all Canadians and parliamentarians that they would take the time to debate the bill. However, less than 24 hours after the debate started, they moved a time allocation motion. What is going on?

Yesterday, over 22,000 people signed a petition against Bill C-51. This morning, former prime ministers, retired Supreme Court justices and other prominent Canadians released a letter expressing major concerns about several aspects of Bill C-51, specifically those relating to the Canadian Security Intelligence Service.

The more we talk about Bill C-51 with the people we represent in our communities, and the more the experts say about this, the more we realize that this is not the right way to combat terrorism and radicalization here in Canada or elsewhere in the world. It is unfortunate that the Conservative government is doing this, but it is not a surprise.

I would like to comment on some remarks that the hon. member for Medicine Hat made in his speech just before question period. First of all, partisanship has no place in a debate on terrorism and radicalization. As parliamentarians, we are capable of debating. Second of all, there is no place for grandstanding and mockery in this debate. I think that, unfortunately, the member for Medicine Hat lacked respect in the context of the debate on Bill C-51.

We are debating an extremely important bill and he is accusing the NDP of wanting to hug terrorists just because we are opposed to Bill C-51. Nothing could be more ridiculous in the House today. I hope my colleague will take the time to apologize in the House for his comments, because they add nothing to a debate that should be respectful and orderly.

A number of members from across the way then said that we had less time for debate because the official opposition took too much time to vote on the Conservatives' time allocation motion. That too is ridiculous. We do not have enough time to debate, not because we took too long to vote, but because they moved another time allocation motion after just 24 hours. They should set the record straight, across the way.

They also accused the official opposition of playing partisan politics with Bill C-51.

I want to talk about the process that led us to study this bill very carefully because Canadians need to understand the work of the official opposition and what the Conservative government is in the process of doing with this bill on terrorism.

We believe that the extremely important Bill C-51 was a response to the attacks in Saint-Jean-sur-Richelieu and on Parliament Hill in Ottawa. Instead of presenting this bill in the usual way, in the House of Commons, the Prime Minister presented it during a partisan gathering, hundreds of kilometres away from Parliament Hill. The Conservatives are already in campaign mode and this bill is part of their campaign.

The Conservatives are already trumpeting this everywhere as if it were the best way to counter terrorism. Partisanship had no place in this debate and certainly not like that.

I must say, I am very proud of the work done by the official opposition on this file, especially by the Leader of the Opposition and my hon. colleague, the member for Esquimalt—Juan de Fuca. As soon as we saw Bill C-51, we noticed how big it is and saw that it affects many different aspects of various laws, including legislation on citizenship and immigration as well as CSIS. We thought it was important to examine it carefully, because with the Conservatives, the devil is often in the details, and that is certainly true in the case of this bill.

The bill is huge. I want to explain why we oppose it, because it is important to do so. When Bill C-44 was introduced to amend the Canadian Security Intelligence Service Act, we decided to vote with the government. It was a fair tactic, since we wanted to send the bill to committee and try to work together. Work in committee was extremely tedious and difficult because the Conservatives stymied us at every turn. Everything was very restricted: the number of sessions dedicated to witnesses, the number of witnesses we were allowed to invite and the time we were given to examine each clause of the bill. We gave the Conservatives a chance on a bill that we did not wholeheartedly support. We thought we could at least try to improve it.

Bill C-51 is so broad and touches on so many things at the same time. Not only does it cast a wide net, but it is dangerously vague and ineffective. In order to solve such complex and specific problems as terrorism and radicalization here in Canada, we need concrete objectives. The government cannot cast such a wide net as it does with Bill C-51, which does not directly target the problem. Instead, this bill tries to make it look like something is being done, which is not really the case, particularly since it does not propose proven and effective measures. Among other things, it puts partisan politics ahead of the protection of Canadians. I am extremely disappointed by that.

It is important to say that terrorism is a real threat. Everyone here agrees that public safety is one of the top priorities of any government anywhere in the world. Canadians really do not have to choose between public safety and civil liberties. However, with Bill C-51, the government is trying to have us make a false choice. We are told that public safety and civil liberties go hand in hand. I agree completely. However, Bill C-51 contains absolutely nothing that will improve civilian oversight of CSIS, which will be given many new powers with this bill. The government is not striking a balance with civilian oversight.

There is a problem with the civilian oversight mechanism at the Canadian Security Intelligence Service. First of all, in 2012, in one of its omnibus bills, the government decided to eliminate the position of inspector general of CSIS. This individual reported on what was going on at the Canadian Security Intelligence Service. The civilian oversight agency currently responsible for reviewing the activities of CSIS is flawed. These people are appointed by the Conservative government. Members will remember Arthur Porter who, coincidentally, was appointed to this body. What an excellent choice. Furthermore, the oversight mechanism does not work because not all of the positions have been filled. There is not a full complement of competent individuals at this time. Also, the mechanism works on a part-time basis half of the time.

The government often tells us that this is a very effective civilian oversight mechanism, but in reality that is not the case. According to the provisions of Bill C-51 regarding the existing civilian oversight mechanism as it exists today, it is CSIS itself that chooses what might violate the laws governing its own operations and thus decides what it will report to the civilian oversight mechanism.

CSIS itself chooses what must be investigated through its civilian oversight mechanism. That does not make any sense.

I do not want to say that the government is lying to Canadians when it says that Bill C-51 establishes a balance between public safety and civil liberties, but it is coming quite close to it.

Here is another interesting thing about Bill C-51. For weeks, we have been asking questions of the Minister of Public Safety and Emergency Preparedness, the Minister of Justice and the Prime Minister. They tell us that CSIS will be able to disrupt threats in Canada targeting the Canadian economy and infrastructure. However, no one on the other side of the House was able to give a single example of what is meant by disrupting a threat to the Canadian economy or disrupting a threat to Canadian infrastructure. Those statements can mean many things and are very broad.

The government is saying that it is trying to deal with terrorism. However, the Conservatives have a tendency to use measures in this sort of bill to achieve completely different goals. Today, during question period, we asked whether this would create problems for environmentalists who protest against the oil sands, for example. Will those people be affected by this bill? Will the first nations who sometimes put up roadblocks to protest government decisions be affected by Bill C-51? Given the way the bill is worded, they absolutely will be. The problem is that the members opposite refuse to admit that.

I would have liked to quote the exact words of the Minister of Public Safety and Emergency Preparedness, but he said something along the lines of: we do not want to get bogged down in definitions. This is a bill on terrorism. The right definitions are exactly what we should have, especially when it comes to problems as complex as radicalization and terrorism. I sincerely believe this is amateur hour. I do not know whether the Minister of Public Safety even read his own bill and understood it. If he understood it, then he would have realized that it goes a bit too far and he could have considered some of the ramifications. However, there is still no answer from the Conservative government.

I hope, if the hon. members across the way ask me questions, to get some examples that directly concern infrastructure or threats to the Canadian economy, and what impact this might have exactly. I look forward to hearing what the hon. members have to say about this.

I said that the terrorist threat is real. We have to recognize that and make sure we have the right tools to fight it. However, we also have to be careful, and I mentioned the false choice we are being asked to make between public safety and civil liberties. People in Quebec had first-hand experience with that in the past. I am talking about the October crisis in the 1970s when Mr. Trudeau's Liberal government passed the War Measures Act. The NDP was the only party that opposed the War Measures Act at that time, the only party that stood up for the rights and civil liberties of Canadians. I am proud to see that we are doing that again today.

We can take concrete measures to combat the terrorist threat and radicalization in this country. We can start by striking a clear balance between civil liberties and public safety. The least we can do is make sure we have a completely independent civilian oversight mechanism. Our legislative approach to combatting terrorism must be more thorough, and it must be based on facts and evidence, for once.

The bill was introduced on the Friday before the week-long break for our constituency work. As the official opposition, we took the time to meet with experts in the field and with people who will be directly affected by the measures in Bill C-51. We also consulted with people who read criminal law very well and have a good understanding of the impact this bill could have. I could give many examples. Many civil liberties organizations, such as the Canadian Muslim Lawyers Association, are very concerned about the bill's potential impact, since Bill C-51 is based entirely on ideology and not on fact.

First of all, these could be laws that we might never use. In the past, this place has passed public safety legislation that, for many reasons, cannot even be used by the RCMP or CSIS, for example. Furthermore, certain communities are becoming increasingly marginalized. In his speech introducing Bill C-51, the Prime Minister targeted the Muslim community directly by talking about mosques. That is unacceptable. What we should be doing here is rallying everyone to ensure that, together, we all properly understand the problem of radicalization and work hard to eradicate it.

The key here is to have an approach centred on the fight against terrorism that includes strict control over security intelligence agencies—rather than reducing oversight, which is what is happening right now under the Conservatives. It is important to mention that.

There is something else the members across the way have been rather quiet on, because it is nothing to brag about: so far, no funding has been announced with Bill C-51. I remember their speeches. They said that over the past few years, they increased the budget for CSIS and the RCMP. I would advise my colleagues across the way to consult the Parliamentary Budget Officer's reports. Since 2012, there have been nothing but successive budget cuts in every agency that falls under the Department of Public Safety.

The government is introducing new tools without the necessary funding to go with them. Absolutely nothing. If the members across the way took the time to talk to the people who enforce the law, such as police officers, RCMP officers and Canada Border Services Agency officers, they would see that what is happening on the ground is appalling. Police officers have told us that they were aware that people were becoming radicalized and that strange things were happening, but they did not have enough resources to do anything about it. It is all well and fine to have new tools. They are lovely to have in the toolkit, but they are all for naught without the means to use them.

This is a meaningless bill that is far too broad and complex. It does nothing to address the problem directly. What is more, it does not allocate any funding. Since 2012, all the government has done is cut public safety budgets. Funding for the Department of Public Safety was cut by about 10%. It is pretty bad for the Conservatives to say that they are doing something, when the Parliamentary Budget Officer is saying quite the opposite.

Furthermore, we currently have some very good tools to fight the terrorist threat on the ground. RCMP officers have done an incredible job. A few weeks ago, a plot was thwarted in Ottawa. I believe it was February 13. Another plot was foiled in Halifax. Those are two very fine examples that prove we currently have good tools that work. We simply have to provide the necessary appropriate and adequate resources. I am not saying that nothing should be changed and that everything we have right now is fine. However, we are on the right path. We should give our officers on the ground the resources they need.

Finally, another important approach to combat terrorism is working with communities at risk through programming and developing a national strategy to counter radicalization. There is absolutely nothing in Bill C-51 to address this problem. Discussing a national strategy for countering radicalization is absolutely necessary if we want to tackle the problem.

I have a hard time believing that the Conservative government wants to work in isolation on this. They did not hold proper consultations. I am also sad to see that a number of colleagues on the other side did not take the time to fully understand the measures in the bill. Canadians want to know what is in Bill C-51. They want us to tackle the terrorist threat. Everyone wants to work on this. I do not know a single person in the House who does not want to combat terrorism or radicalization.

What is important is to have the right tools and right resources. We need to work with people on the ground and develop a national strategy against radicalization. The Conservatives cannot work in isolation and think that what they are doing is the best option.

I see that my time is almost up. I still have much more to say. I hope that my colleagues will have many questions for me. I would be happy to respond. However, I just want to tell those watching at home not to be deceived. This bill does not strike a balance between public safety and civil liberties. The official opposition believes in rights and freedoms, and we will not stand for this.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 3:30 p.m.

Scarborough Centre Ontario

Conservative

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

Mr. Speaker, I listened quite carefully to the speech. I completely disagree with a whole lot of it. A lot of the things that were said were factually incorrect.

I want to go back to one of the reasons why the opposition members have claimed they cannot support the bill. They continuously talk about civil liberties. Canadians understand that civil liberties, their personal freedoms and national security, go hand in hand. The bill would ensure that they would be protected.

We talk about the bill targeting terrorism. Activities related to terrorism are not a personal freedom or a right; they are criminal activity and in fact they are acts of war.

What part of the legislation would infringe on the personal freedoms or rights of law-abiding Canadian citizens? Those members have yet to pinpoint anything, and I would like to respond to it because their argument lacks any type of merit.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 3:30 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, it is unfortunate that the parliamentary secretary does not keep up with the work that the Parliamentary Budget Officer is doing, that she does not consult the people who work directly on the ground, that she does not realize she is the Parliamentary Secretary to the Minister of Public Safety and that the Department of Public Safety's budget has been cut by 10% since 2012.

There have been serious consequences and they are evident. The Department of Public Safety reported them and the Parliamentary Budget Officer has been reporting them since 2012.

The members opposite are pretending to address the problem and are offering us a false choice between public safety and civil liberties. However, we all know how important it is to have a free country. The freer a country is, the freer and safer its people are.

I spoke to many stakeholders about the content of Bill C-51. It seems to me that the members opposite do not remember the cases of Maher Arar and Air India and the resulting reports and recommendations. Instead, the Conservatives decided to work in a vacuum. They are not working with the experts on the ground and they are not learning from their mistakes.