Bill C-51 (Historical)

Anti-terrorism Act, 2015

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

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

Anti-terrorism Act, 2015

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, I want to raise a couple of contradictions. The member talked a fair bit about principles and about the Charter of Rights and Freedoms. Just at the end she was saying that the Liberal Party is there to protect both privacy and the charter. However, we know that Bill C-51 is actually an attack on the charter and the rights and freedoms of people yet the Liberal Party is supporting it. We also know that, in terms of the reasoning behind the Liberal Party supporting this, the Liberal leader said, while he was in British Columbia, that the Liberals were supporting the bill to not give the Conservative government a stake to whack them over the head with during the election campaign. That is not taking a principled stand.

With the changes to privacy and information sharing there is also the potential for a large database of information on law-abiding Canadian citizens to end up being stored in one location for some potential nefarious use down the road. In Toronto, we are dealing with something very similar to that with the issue of carding, where many individuals are being stopped by the police for no reason and having their information taken down. I would like to ask the member her opinion on that behaviour.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I appreciate the member bringing up the issue of contradiction. I will note that his party, the NDP, is voting against this bill but has not committed to repealing it, should it be in a position to do so.

In my remarks there was no place where I said that this bill is perfect. There are improvements that need to be made, and this bill was deliberately designed this way by the Conservative Prime Minister and government as a political partisan tool. There are improvements that need to be made. We in the Liberal Party have committed to making those should we be in a position to do so. We are clear and transparent about our commitments and we will deliver on those should we have an opportunity to form government.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, my colleague has done some exceptional work on the issue of oversight of our national security agencies. I would like her opinion as to why the government is so doggedly committed to avoiding oversight. For example, we know that the government will not create an oversight committee, but there is also another issue which the Liberals tried to resolve through an amendment in committee. That issue revolves around SIRC's mandate to review operations undertaken by CSIS to reduce threats to Canada.

The bill requires that the committee, SIRC, study “at least one aspect” of CSIS' activities. Why only one aspect? Why not more than one aspect? Why not all aspects?

Why is the government doing all it can to avoid oversight? What is it hiding?

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, it is mystifying why, against all expert advice and against the examples shown by the other nations of the Five Eyes, the current government has been blocking proper oversight of the security agencies. One can only speculate. Possibly, that is part of my contention that this is a politically partisan-driven bill. It is deliberate bad public policy to strengthen a security agency while not equally strengthening the oversight. Therefore, it is about partisan objectives and not about good public policy.

What the government is missing is the fact that a parliamentary oversight committee of all of the agencies and departments that deal with security and intelligence would actually make those functions far more effective because the oversight committee would reduce the siloing that currently exists with the different agencies, would identify where there are gaps and duplications, and would make security far more effective. Why the Conservatives would not want that is beyond me.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, twice in her remarks the member for Vancouver Quadra used the word “mystified”. I was a child of the sixties. My first vote was in 1968. I did not vote Liberal. I know members are shocked, but I have to say at the time we were inspired by the words that came out of Pierre Trudeau. When the Charter of Rights and Freedoms came into place it was a good thing for Canada and I give recognition to that.

However, what is interesting is we have had four previous prime ministers, three of them Liberal, 100 professors and lawyers say that this is a flawed bill and should be withdrawn. I am very much mystified as to why the Liberals would support something where the history of their own party rails against it.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, when the NDP member mentions the word “freedoms” I would like to remind the member that freedoms do not exist when there are attacks that could have been prevented or guarded against. Those freedoms would be simply eroded. That is why it is important that a government keep up to date with security requirements that our changing security environment requires. That is why the Liberals are supporting the bill.

I would ask the member whether he would want it on his conscience should there be an attack that leads to deaths of Canadians because of the loopholes that the bill is attempting to fix. The Liberals are clear that the privacy and rights sides of the equation are not properly respected by the Conservative government on purpose and those can be fixed. The Liberal Party has made a commitment to do that. We have been open and transparent about our intention to do that. It will be in our platform and it will be an urgent mandate for us should we form government after the next election.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to pick up on the question that was just posed to my colleague about recognizing that the Liberal Party is the party that brought in the Charter of Rights and Freedoms. Pierre Elliott Trudeau recognized the importance of the issue. It is the Liberal Party today that is recognizing that Canadians are concerned about the radicalization that has been taking place in different ways, about the potential threat of terrorism. Canadians as a whole are very much concerned and want government to do what it can to make sure that we are combatting terrorism and at the same time providing assurances in terms of rights and freedoms.

We know the Liberal Party's position is very clear. We will vote in favour of the legislation. If the government continues to fail to make those amendments, as it appears to, such as parliamentary oversight, the Liberal Party will take it as a part of its election platform where we are committed to making those changes.

The leader of the New Democratic Party on the other hand is saying that if he forms government, he will not scrap the legislation but will make changes. Could member explain the difference?

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, the difference ties into a comment I made early on in my remarks that the Liberal Party is the only party that is concerned about having both effective security measures to protect Canadians in a changing threat landscape and provisions to ensure privacy and the protection of rights.

Bill C-622 that I had the privilege of leading the debate on in the House last fall, which was supported by all of the Liberal members, is an expression of how our party sees not just protecting rights and freedoms, but actually enhancing them in the face of changing technologies and the changing situation in our society. That is what Bill C-622 would have done had the Conservatives not voted it down. It is the kind of measure that we strongly believe in. It can be taken as an example of our commitment to not just protecting, but actually enhancing and improving transparency and accountability of the agencies that hold our rights and privacy in their hands.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I am delighted that I will be sharing my time today with the member for York Centre.

There is no liberty without security. This is a principle that is fundamental to accept when we discuss the important bill before us today. I want to bring this debate back to principles. We must ensure that Canadians are protected from terrorism. The security of a country is the first responsibility of any government.

Let us not beat around the bush. The international jihadi movement has declared war on Canada and its allies. We have seen it in Paris, we have seen it in Copenhagen, we have seen it in Sydney, we have seen it in Quebec and we have seen it right here in Ottawa. In fact, just as recently as Sunday night, two jihadi terrorists tried to attack a free speech convention in Dallas.

These jihadi terrorists want to kill every westerner. Every Canadian is on their hit list. They hate us for our freedom, our tolerance and our prosperity. We need not go any further than the source to know that this is true. A spokesman for the so-called Islamic State said:

If you can kill a disbelieving American or European – especially the spiteful and filthy French – or an Australian, or a Canadian, or any other disbeliever from the disbelievers waging war, including the citizens of the countries that entered into a coalition against the Islamic State, then rely upon Allah, and kill him in any manner or way however it may be.

That should send chills down the spine of every member of the House. What is more, spreading this type of jihadist propaganda in Canada is not illegal under the current law. That is why we brought forward changes in this legislation to more effectively target the material that is used to recruit Canadians to go to join terrorist groups like the so-called Islamic State.

The talking point for opposition members in the House today seems to be that there are no examples of things that would be crimes under this bill that are not crimes now. I would note that this type of hateful propaganda is exactly what is meant to be targeted.

Let us listen to the experts. Here is what Salim Mansur, a professor at the University of Western Ontario, had to say:

Bill C-51 in my reading is not designed to turn Canada into some version of Hobbes’ Leviathan or Orwell’s 1984, despite at times the fevered imagination of its critics.

Let us take a look at the five key measures that this bill would take.

It would allow Passport Canada to share information on potential terrorist travellers with the RCMP. It would stop known radicalized individuals from boarding a plane bound for a terrorist conflict zone. It would criminalize the promotion of terrorism in general. For example, statements like “kill all the infidels, wherever they are” would become illegal, as I have already discussed. It would allow CSIS agents to speak with parents of radicalized youth in order to disrupt terrorist travel plans. It would also give the government an appeal mechanism to stop information from being released in security certificate proceedings if it could harm a source.

If we put aside the heated rhetoric and the misinformation that is out there, and focus purely on the facts, we can see that this is a common sense bill that protects Canadians. I fail to see the reasons why members on the other side of the House would fail to support the bill.

Let us take a minute to examine the ideology.

We have seen before that the NDP has taken every possible step to stop our Conservative government from improving our national security. It voted against making it a crime to travel abroad to engage in terrorism. It voted against stripping citizenship from those convicted of terrorism. It also voted against any new resources for our front-line law enforcement and national security officers. It seems as though it is fundamentally opposed to any measure that would add to the protection of Canadians. This is the same party that as part of its election platform promised to repeal all national security legislation.

The Liberal Party simply does not take these discussions seriously. Its position on the bill is unintelligible. It will repeal it, it supports it; no one really knows for certain, although we just heard from the last speaker that it planned to support the bill.

Clearly, only our government is able to make the tough decisions that are necessary in this very uncertain world. We will never waiver from our commitment to take strong actions to keep Canadians safe, particularly from jihadi terrorists. We will do so through legislation, such as we are discussing today. We will also do so through financial resources, like the nearly $300 million that we have invested in the fight against terrorism through economic action plan 2015.

As I said at the beginning of my comments, we must bring this back to the first principle: the desire to keep Canadians safe. The international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because these terrorists hate our society and the values it represents.

Jihadi terrorism is not a human right; it is an act of war. That is why our government has put forward measures that protect Canadians against jihadi terrorists who seek to destroy the very principles that make Canada the best country in the world in which to live. That is also why Canada is not sitting on the sidelines, as some would have us do. We are instead joining our allies in supporting the international coalition in the fight against ISIS.

I urge all of my colleagues, on both sides of the House, to support the bill. It is an important bill and we need to see this legislation enacted.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it is my great pleasure to rise today to speak to Bill C-51, the anti-terrorism act.

The anti-terrorism act, 2015, contains a range of needed anti-terrorism measures, including, for example, provisions that will enable important improvements to the passenger protect program. The proposed legislation complements measures included in the Combating Terrorism Act, which came into force in July 2013. It enhances Canada's ability to address threats to air transportation security, while also establishing strong safeguards to protect civil liberties.

The Combating Terrorism Act created four new offences of leaving or attempting to leave Canada for the purpose of committing certain acts of terrorism. Leaving Canada to participate in terrorist training, for example, is now an offence punishable by up to 10 years in prison. Shockingly, the NDP voted against these measures. Evidently it does not believe that travelling for terrorist purposes ought to be criminal.

The changes we are making to the passenger protect program would complement this by allowing the government to potentially prevent certain people from travelling by air under specific circumstances where arrest and prosecution may not yet be possible.

Let me explain. It was this government that established the passenger protect program in 2007 to screen air passengers more effectively. The program uses measures such as denial of boarding when necessary to respond to threats to aviation security.

While the program currently operates on the basis of authorities in the Aeronautics Act, Bill C-51 would create a stand-alone framework to support the passenger protect program. This new framework would expand the program's mandate in a very important way to address both individuals who posed a threat to aviation and security and those who attempted to travel to engage in terrorist offences.

I wish to emphasize here that it would also establish safeguards with respect to information sharing and find mechanisms for review and appeal of decisions.

To accomplish all this, the bill would define new authorities for two ministers.

The Minister of Public Safety and Emergency Preparedness would establish a list of persons under two categories: first, those who may pose a threat to transportation security; and, second, those who may travel by air to engage in terrorist offences. Having the Government of Canada, not international air carriers, screen passengers against the list would better protect the security of the program and the privacy of those on the list.

Under the anti-terrorism act, 2015, the minister would also have the authority to respond to such threats in a reasonable and appropriate manner. Operational directions would be tailored to the specific threat. For example, in some cases, the minister could direct an air carrier to designate an individual for additional screening at the security check point. In other more high-risk cases, the minister could direct the carrier to prevent a listed person from boarding a flight.

In implementing these authorities, the Minister of Transport would serve as the primary contact with air carriers, including responsibility for: first, disclosing the list to air carriers for the purpose of screening passengers; second, collecting information on listed persons from air carriers; third, communicating response directions to air carriers on behalf of the Minister of Public Safety and Emergency Preparedness; and, finally, overseeing industry compliance with the new legislation

In response to concerns raised in committee, our government moved an amendment that would clarify the minister's authority when giving direction to air carriers. We believe the amendment would respond to those concerns, while ensuring the original intent of the bill would remain intact.

Let me say a few more words about information sharing.

For security and privacy reasons, the names of people who are, or were, on the list would not be disclosed, except when authorized for specific purposes. Specifically, it would authorize certain entities to disclose and collect information to help the Minister of Public Safety and Emergency Preparedness administer and enforce the act. For example, under the act, the Canada Border Services Agency would be able to collect information related to air travellers who were coming to or leaving Canada, as well as screen them against the list.

The act would also authorize the minister to enter into written arrangements to share information with foreign states. Such disclosure, however, would always be subject to applicable Canadian law.

There are other safeguards that would respect the privacy of individuals and would give them a fair process to challenge the minister's decisions. For example, any listed person who has been denied the right to board an aircraft could apply within 60 days to the Minister of Public Safety and Emergency Preparedness to be removed from the list. The minister would have 90 days, or a longer period agreed upon by the minister and the applicant, to review the case. If after this review the minister decided to keep the individual on the list, that individual could apply to the Federal Court for a review of the minister's decision.

Given the national security objectives behind this legislation, decisions made under the new authorities could involve sensitive information that, if disclosed, would be injurious to national security or endanger the safety of a person. Therefore, the legislation would define special streamlined procedures for judges to review decisions that relied on sensitive information, similar to the procedures that are used to review other national security programs, such as the terrorist entity listings under the Criminal Code.

Finally, let me highlight compliance and enforcement provisions.

For consistency with the existing regulatory framework for civil aviation, the bill would mirror the Minister of Transport's inspection and enforcement authorities under the Aeronautics Act. Contraventions of the new act, whether they relate to the duties of air carriers, the prohibition on disclosure of information, or the obligation for passengers to undergo screening, are all offences punishable on summary conviction. Contravening the clause related to obstruction can be punished either as an indictable offence or by means of summary conviction.

An individual who contravenes the provisions under the act could be fined up to $5,000 or be liable to up to a one-year imprisonment term, or both. Meanwhile, a corporation that is convicted of an indictable offence is liable to a fine of up to $500,000.

The proposed legislation would balance the need to address air transportation security and terrorist travel by air with safeguards that give individuals the right to administrative recourse and appeal. These amendments are also in line with the recent UN Security Council resolution on foreign terrorist fighters, aimed at stemming the flow of extremist travellers, as well as the measures being put in place by many of our international partners to address this threat.

The anti-terrorism act 2015 is an important step in expanding our tools to address extremist travellers who participate in terrorist activities, and I call on all members of this House to support it.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as we get closer to the dying minutes of debate on this particular piece of legislation, I would like to again highlight what I believe the government has really messed up on, which is the issue of parliamentary oversight.

I ask the member quite simply, when we have our Five Eyes partner countries, the United States, England, New Zealand, and Australia, all recognizing the importance of parliamentary oversight, all having in place parliamentary oversight, why it is that only the current Prime Minister and current Conservative government feel that parliamentary oversight is not necessary.

I would remind the member that the current Minister of Justice actually used to support parliamentary oversight. Why does the Conservative government stand alone in believing that parliamentary oversight is not necessary?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, I am really perplexed by the Liberal Party, and I continue to be. Remember, the Liberal Party is rooted in the belief of conscription if necessary but not necessarily conscription.

Here we see the Liberals again getting up in this House with regard to Bill C-51, ranting and raving and complaining against the bill, yet at the same time saying that Canadians should not worry, because they can read public opinion polls too and they are going to support it.

One of the Liberal Party members from a downtown riding—I do not recall which one exactly; Trinity—Spadina, I think—actually appeared at Toronto City Hall in a rally against Bill C-51.

My question to the Liberal Party is this. Which is it? Do you support the bill or do you not support the bill, or is this another typical Liberal ruse where you just kind of gauge public opinion and just go with the wind on this one?

[The Acting Speaker, Barry Devolin]

I would remind all hon. members to direct their comments to the Chair rather than directly to their colleagues.

The hon. member for Trois-Rivières.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, once again, I listened to the speech of one of my Conservative colleagues, and I am finding it increasingly difficult to not see it as propaganda. What would really get my attention is seeing a kernel of coherence.

My question is very simple. Given that the Department of Public Safety and Emergency Preparedness had its budget cut by a total of $688 million in the last three years, and that the $300 million or so that was presented to us in the last budget will be disbursed in 2017, how could this bill be anything but rhetoric if we do not have the means for what is being put forward?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, if that is not rhetoric, I do not know what is.

We on this side of the House know exactly what we are doing. Our foreign policy is based on principle.

The radical jihadists declared war on this country, Canada. If there is one thing we can count on terrorists to do, that is to keep their word. They said they are coming to the west to drink our blood. It was this House that went to debate over whether or not we should be sending our forces to Syria and Iraq to bomb ISIS positions. It is this side of the House that voted to send our brave men and women to Iraq and Syria to bomb ISIS positions.

We on this side of the House are protecting Canadians. That is a solemn oath we took and a guarantee we have given the Canadian people. We put their national security and the security of people here in Canada first and foremost, unlike the NDP members who cannot even utter the word “terrorist”.