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 / 5:10 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

I am serious, Mr. Speaker, and the member knows that is what happens. It happens at my committee. Members follow that direction. They are members in their own right; they can stand on their own two feet. What I am saying is that the process has to change if we are going to make this legislation good legislation. I ask members to really look at this issue seriously and not to take direction in that fashion. There is concern about the civil liberties of Canadians and freedom of expression. We have to listen to those witnesses.

I want to give an example of what a couple of people I have talked to have to said, people whom we will put forward as witnesses. First, there is quite a series of articles in the press these days by two individuals, Craig Forcese and Kent Roach. They have a paper they sent us that is close to 40 pages long. They are doing a summary of the key concerns with the bill. This is what they say at the beginning of the summary:

If Bill C-51 passes, CSIS will be expressly authorized to “take measures, within or outside Canada, to reduce” very broadly defined “threats to the security of Canada”. Where authorized by Federal Court warrant, these “measures” may “contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms” or may be “contrary to other Canadian law”.

It does not matter whether I agree or disagree with that statement. There is a concern expressed there that we should look at seriously. These two individuals admit it themselves. They add an additional word relevant to this in a document dealing with CSIS. They say:

We are legal academics who have been researching and writing on issues of national security law (Canadian, international and comparative) for a sum total of 26 person years (between the two of us).... We are, in other words, an occasional and minor part of the national security “accountability sector”, to the extent that such a thing exists in Canada.

These people have a point of view. They have an expression of interest that we ought to listen to.

I also met with the Canadian Muslim Lawyers Association, which also has concerns. That association was founded in 1998 by a small group of Toronto based Canadian Muslim lawyers. It has over 300 members across Canada and active chapters in Ontario and Quebec. The association states:

Bill C-51 is deeply flawed legislation that should not become law. Before we begin to integrate and concentrate power in government agencies on national security matters, we should first implement the remedial findings of many commissions of inquiry into the matter, most notably the Arar Inquiry.

As national security functions become more integrated it makes sense that there is a concomitant and effective counterbalance in terms of independent review and oversight. Such a body would have jurisdiction over all national security agencies and functions, including CSIS, CSEC, the RCMP and a host of other agencies (some of them currently have no oversight).

That is their opinion. They are suggesting that there needs to be much broader oversight.

These are just two examples of witnesses that we need to listen to. However, in order to make the proper amendments, accept them, and bring in those ideas, the government has to be willing to make some amendments.

To turn specifically to the issue of oversight itself, sadly, the Prime Minister, the Minister of Public Safety, the Parliamentary Secretary to the Minister of Public Safety and, today, the Minister of Justice have been misinforming Canadians. Let me repeat that. Some of the highest officers and political ministers in this land have been misinforming Canadians on what exists, and what is and is not in this bill. It really is troublesome that the top political office in the land either does not know the limits of the Security Intelligence Review Committee or has not been totally forthright. I do not know which it is.

Let me turn to what the Security Intelligence Review Committee itself has said. It said that it is not an oversight body. Let me turn to its annual report for 2013-14. On page 12 of that report, in section 2, it says:

An oversight body looks on a continual basis at what is taking place inside an intelligence service and has the mandate to evaluate and guide current actions in “real time.” SIRC is a review body, so unlike an oversight agency....

SIRC itself admits that it is not an oversight agency, but even if it were an oversight agency, which it is not, it is not broad enough to really review national security. If we look at schedule 3 of Bill C-51, another seven agencies have been included there. I think some of them were here before. We are adding the likes of the departments of health, national defence, and transport to SIRC, CSIS, CSEC, the RCMP, and police forces of local jurisdictions, all of which are involved in these security matters, and transferring information across departments. There needs to be a much broader oversight that even a slightly improved SIRC could handle.

I mentioned earlier the protections that we as a Liberal government put in place on the extended powers in the anti-terrorism act of 2001. There were sunset clauses in which laws would cease to exist. There was a mandatory review. In 2004, we recognized that there was still a greater need, which was for the oversight of all security agencies. As a result, an all-party committee was proposed and put in place. It held hearings and made some recommendations, and Bill C-81 was introduced. However, it died on the order paper. I will come back to that in a moment.

Simply put, a previous Liberal government introduced legislation to provide for oversight by parliamentarians similar to that of our Five Eyes partners, the U.K., the United States, Australia, and New Zealand. Today, in The Globe and Mail, four former prime ministers put an article in the paper, signed by a number of justices and former attorneys general, et cetera, entitled: “A close eye on security makes Canadians safer”.

It starts by saying:

The four of us most certainly know the enormity of the responsibility of keeping Canada safe, something always front of mind for a prime minister.

They went on to say:

Yet we all also share the view that the lack of a robust and integrated accountability regime for Canada's national security agencies makes it difficult to meaningfully assess the efficacy and legality of Canada's national security activities. This poses serious problems for public safety and for human rights.

They went to say said:

Canada needs independent oversight and effective review mechanisms more than ever, as national security agencies continue to become increasingly integrated, international information sharing remains commonplace and as the powers of law enforcement and intelligence agencies continue to expand with this new legislation.

People who have been in the same position as the Prime Minister are calling on the need for oversight. Such a security oversight agency was called for by a former public safety committee while the current Prime Minister was in office. In a report dated June 2009, tabled in the House of Commons, it called for that, in recommendation 5:

The Committee recommends, once again, that Bill C-81, introduced in the 38th Parliament [by a Liberal government], An Act to Establish the National Security Committee of Parliamentarians, or a variation of it, be introduced in Parliament at the earliest opportunity.

That recommendation was supported by six members who currently sit in the House: the member for Yorkton—Melville, who chaired that committee; the member for Oxford; the member for Brant; the member for Northumberland—Quinte West; the member for Edmonton—St. Albert; and the member for Wild Rose.

The previous recommendation for Bill C-81 was supported by the current Minister of Justice and the current Minister of State for Finance. What has happened to those members since the leadership changed and we have the current Prime Minister? How come they are not still calling for oversight? They know that SIRC is not oversight. SIRC has claimed that it is not oversight. Did they lose their voice? Do they not stand by what they previously believed in, what they held hearings on? Oversight is important, and that is what we must implement in this bill, as well as a number of other amendments we will be putting forward.

As a final point, I will report on what the British Intelligence and Security Committee does. The members of the committee are subject to the Official Secrets Act. In their annual report, they say this:

The Committee sets its own agenda and work programme. It takes evidence from Government Ministers, the Heads of the intelligence and security Agencies, officials from the intelligence community, and other witnesses as required.

They monitor on a day-to-day basis. They keep intelligence agencies honest. They protect on two sides, as Bill C-81 would have done. It would have ensured that security agencies are doing what they are supposed to do and second, that they are not going too far in terms of infringing on civil rights and freedoms.

Let me close with a quote from my leader in yesterday's speech:

We are hopeful that the government is serious about reaching across the aisle to keep Canadians safe, while protecting our rights and our values.

It can be done. We need sunset clauses. We need a mandatory statutory review, and we definitely need oversight. I am sure both the NDP and Liberal Party will have many amendments to improve the bill in other ways, but the government has to reach across the aisle and allow Parliament to work.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:25 p.m.

Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, I thank my colleague for his presentation. It was a good presentation, and I want to compliment him on that.

The problem I have with his presentation, and a problem I have with a lot of the Liberal members' presentations, is the credibility they present them with.

When we see the NDP members present something, we know where they are. We know, for example, that on the long gun registry, they are in favour of putting our farmers and hunters in jail. They are consistent on that. When it comes to dealing with victims of crime or criminals, we know that they will defend the criminal time after time. They are consistent on that.

When I go to Liberal Party, we do not know what its members believe in. They have no policy for us to read. What they do is actively look at the polls and then decide what they are going to say and do.

It is really interesting in this situation. The member says that he wants to be taken seriously. He says that he wants to make a serious presentation. Yet when I look at the history of this member and how he has treated this Parliament, how he has treated the government, how can we look at him seriously when he makes snide remarks like “kids in short pants”, when he has partisan overtones in everything he says in regard to this bill?

There is a book by Dale Carnegie called How to Win Friends and Influence People. If the member was truly serious and the Liberal Party was truly serious about dealing with this issue, would they not take the partisanship away and actually talk about what is in the bill? No, they cannot help themselves. They are so partisan. It is just the way they are.

When will the Liberal Party quit being so partisan and actually do what is right for Canadians and get behind this legislation?

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:30 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

My, my, Mr. Speaker, that was quite a line.

We have tried to be, and we have to be, non-partisan to a great extent, but we all have our partisan side. This place is a place of active debate and discussion, and so partisanship is going to show through. However, we are talking about national security. We are talking about doing things right.

The member and I fought over the Wheat Board. That is fine. We will put that behind us for the moment. However, I would ask the member to talk to his current House leader. When I was chair of the fisheries committee and the parliamentary secretary, the current House leader and I actually worked together. I think there were 32 motions, 20-some from government members, opposing government policy. They were all debated in public. All but one carried. Most of them were tough on the government, and when we wrote the report, with the member of the opposition, who was the critic at time, we actually sat down together and wrote the report.

This place could come back to that kind of time if the government would allow it. That is what we need to do on the bill. We need to improve it in many aspects, and we definitely need oversight. It is not there.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:30 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I have a lot of respect for the hon. member, and I listened to what he was saying here today about oversight and the things that are needed to fix this bill. I have some sympathy for the member's position in a sense, because his leader has said that no matter what the member says, no matter what amendments are made or refused, he is going to vote for the bill.

I wonder why the members of the Liberal Party have abdicated their responsibility as parliamentarians such that when a measure is coming forward that they say they do not agree with, they have committed in advance to voting for it. How is that doing one's parliamentary job?

I just do not understand it. A party that seeks to be in government says, “Well, we are not in government, but we will support the government, even though we are opposed to what it is putting forth”.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:30 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I respect the member immensely. I actually quite enjoy being on a number of panels with him.

I think all we really have to do in response to that question is go to the article with the extensive number of signatures in today's Globe and Mail, entitled: “A close eye on security makes Canadians safer”.

Four former prime ministers signed that paper. I did myself, as well as a number of others who have been justice ministers and solicitors general. It is actually calling for more oversight.

The difference between the Liberals and the NDP is that we have been in government. We have made the hard decisions on public safety. We know that there are hard decisions, when the terrorist threat is higher, on public safety issues.

However, when we were in government, we also balanced that legislation. We believe this legislation can be balanced yet again. It can be amended to improve it. It can be balanced with sunset clauses, mandatory reviews, and oversight to make it better legislation to ensure that the security agencies really do what they ought to do.

If that does not happen, if the government does not accept our amendments, then we will put those three key amendments in our election platform, and Canadians will have the opportunity to decide on the balance of national security and civil liberties.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:30 p.m.

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I realize that this issue is a critically important issue, not only for all of us in Parliament but for all Canadians. Sometimes we have to put water in our wine, as the saying goes. We are saying that the most important thing is to make sure that we are reinforcing the security of Canadians.

If we can get some amendments that will protect people's privacy and allow people to have open discussion and debate without having to be fearful of being put in jail and so on and we can get those amendments through, I think we are doing a good thing on behalf of all Canadians.

Would the hon. member like to elaborate a little more on the lawfulness issue and what that would mean to people who would like to be able to go out on a Sunday to join a protest in their neighbourhood? What could actually end up happening if we cannot get our amendments through?

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:35 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, there are a lot of areas of concern in the legislation that we think go too far.

The member for York West mentioned the fact that it says in the bill:

For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression.

The word “lawful” really changes the ability of certain activist groups to show their dissent in many ways. We are going to ask the experts. We may put forward an amendment to remove that word.

In fairness to the House, I think we have between 26 and 30 amendments at the moment on technicalities in the bill. Therein lies the reason we need sound, robust parliamentary hearings with legal experts and people who work in the security field. It is to make sure that we get the bill right in all areas.

I would again emphasize the three key areas we are asking for: sunset clauses to allow certain laws to cease to exist; a statutory mandatory review, so we can look at the good, the bad, and the ugly in the bill down the road; and parliamentary oversight, as our Five Eyes partners have in their democracies around the world.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:35 p.m.

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, there is a certain definition of a word that I am not going to repeat in the House, but it says that doing the same thing over and over again and expecting different results is not the best thing to do.

We adopted an anti-terrorism act in 2001 that lapsed in 2007, which was reconstructed by the Conservatives in 2013, that included most of these measures, but we never used them once, from 2001 to 2007.

What more does this bill bring than what we already have under the Combating Terrorism Act? We have not used it, not even once.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:40 p.m.

The Acting Speaker Bruce Stanton

The member for Malpeque in response to the question from the hon. member for La Pointe-de-l'Île.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:40 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, the member is absolutely correct. There are certain areas, and I cannot think of the section, in the original Combating Terrorism Act extended in 2007, that have not been utilized. One should note that some of the current arrests were made under the old legislation.

Be that as it may, the point she has raised comes back to my original point. What is really needed is a lot of oversight, and we have expressed this at committee. Questions can be raised of the national security agencies. Why are they not using current laws? Is there a reason? Is there a problem on the prosecution side? Is the law not strenuous enough? Is the threshold too high?

It comes back to the whole substance around my remarks in which we would put members of both Houses on an oversight committee with expertise in the field, who could see classified information, who could ask the hard questions on a day-to-day basis of those security agencies to ensure that they were using the laws available, that they were doing their job and that they were not overextending their powers and getting into civil liberties and undermining our freedoms and values.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:45 p.m.

The Acting Speaker Bruce Stanton

Before we go to resuming debate and the hon. Parliamentary Secretary for Foreign Affairs, I will let him know that there are approximately 13 minutes remaining in the time allowed for government orders this afternoon, so he will not have his full 20 minutes in this case. He can judge himself accordingly in that regard. Whatever time he does not use here today will remain when the House next resumes debate on the question.

The Hon. parliamentary Secretary for Foreign Affairs and La Francophonie.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:45 p.m.

Etobicoke—Lakeshore Ontario

Conservative

Bernard Trottier ConservativeParliamentary Secretary to the Minister of Foreign Affairs and for La Francophonie

Mr. Speaker, I am pleased to rise in the House today to debate Bill C-51, the anti-terrorism act, 2015. This is obviously an important bill in this time of troubles around the world and in Canada.

The legislation before us today is comprised of five elements relating to national security. I will limit my comments to the proposed amendments to Division 9 of the Immigration and Refugee Protection Act, or IRPA. Those amendments are in part 5 of the bill. I am also going to comment on other important aspects of the bill that define some of the threat disruption activities in which CSIS can engage. That is contained in part 4 of the bill.

Since we took office, our Conservative government has made the safety of Canadians a special priority.

Since being elected in 2006, we have spent a lot of effort as a government in putting a focus on keeping Canadians safe. Specifically, we have taken strong action to crack down on terrorist, both at home and abroad.

It is clear that the international jihadist movement is one dimension of terrorist threats that we face, and that movement has declared war on Canada and her allies, that is western liberal democracies. That is why we have taken strong action under the leadership of our Prime Minister and the Minister of Public Safety and Emergency Preparedness and put forward this legislation.

We have made it a criminal offence to go overseas to engage in terrorist activities. We have created provisions to strip citizenship from those convicted of terrorist offences. We have created mechanisms for individuals to sue state sponsors of terrorism, like Iran. We have also declared war on the barbaric caliphate, or the so-called Islamic State of Iraq and the Levant, or ISIL.

We are doing even more today, denying access to Canadian territory to non-citizens who pose a threat to national security and maintaining the safety of Canadians among the objectives set forth in IRPA.

Generally, determining the admissibility to Canada of non-citizens is made by immigration officers, or members of the Immigration and Refugee Board, using information that can be made public.

Some non-citizens are found inadmissible on the basis of serious grounds, such as national security, human or international rights violations, and serious or organized criminality. In such cases it is sometimes necessary to rely on classified information to support a finding of inadmissibility.

The Division 9 of IRPA establishes a mechanism to allow the government to use and protect classified information in those immigration proceedings by allowing part of the proceedings to be held in a closed setting.

Under IRPA, classified information includes security or criminal intelligence information and information obtained in confidence from a source in Canada or from a foreign government that is protected from public disclosure if its release would be injurious to national security or the safety of any person.

Also, Division 9 of the Immigration and Refugee Protection Act includes three mechanisms that allow the use and protection of classified information during proceedings. Section 77 provides the authority as it relates to security certificates before the federal court. Section 86 provides authority as it relates to applications for non-disclosure before the Immigration and Refugee Board. Finally, section 87 provides the authority as it relates to applications for non-disclosure in the context of judicial reviews before the Federal Court.

Closed portions of the proceedings are not open to either non-citizens or their lawyers, and the public may not participate in order to protect the classified information. During the closed portions of these proceedings, a judge appointed special advocate, who is non-governmental and security cleared, represents the interest of the non-citizen.

Special advocates are empowered to cross-examine and make submissions to the court. They are empowered to challenge the government's claim that the disclosure of information would be injurious to national security or would endanger the safety of any person and, with the permission of a judge, exercise any other powers necessary to protect the interests of the non-citizen.

Division 9 cases also include open, public proceedings in which the non-citizen and his or her lawyer can participate. In this open part of the proceedings, a summary of the classified information is produced to allow the non-citizen to be reasonably informed of the allegations against him or her.

In some instances, Division 9 cases have involved a significant amount of classified information, some of which was not useful to the government to prove its inadmissibility allegations or to the non-citizens to be reasonably informed of the case against them. Hence, the anti-terrorism act of 2015 includes measures to clarify the classified information that would form the security certificate cases before the Federal Court and cases involving applications for non-disclosure before the Immigration and Refugee Board.

This information includes the following: it has to be relevant to the case; it has to be information on which the case is based; and it would allow the person to be reasonably informed of the case against him or her. In other words, the government would file only information and other evidence that it relies upon to make its case, and provide relevant information that is useful to the non-citizen.

Another important step we are taking in this legislation involves the appeal and judicial review of an order to publicly disclose classified information. Currently, an appeal or judicial review of a disclosure order may be available only at the end of a proceeding. Even if the government successfully seeks to have a disclosure order overturned at the end of the proceeding, it may be too late as the injury to national security may already have occurred or a person's safety may have already been endangered. While the government could seek to withdraw this information from the case to mitigate the risk of injury, this might not always be possible or doing so could dramatically weaken the case. Bill C-51 therefore seeks to allow the government to appeal or have the court review orders for public disclosure during Division 9 proceedings rather than at the end.

Let us be clear. The proposed amendments to IRPA would facilitate and reinforce Division 9 proceedings. The Division 9 regime, while exceptional, provides for a fair and constitutional process. In fact, in 2014 the Supreme Court of Canada upheld the constitutionality of Division 9 when it found the statutory framework to be consistent with the Canadian Charter of Rights and Freedoms. When considering whether the government can protect information in a given case, the judge must ensure that it does not impede a fair process and that the non-citizen is reasonably informed of the case against him or her. To make this decision, the judge has the discretion to ask special advocates for submissions and to communicate with special advocates to allow them to make these submissions. When taken together, these new provisions would preserve the discretion of the judge to ensure fairness.

Ultimately, the objective of the process is the removal from Canada of non-citizens who are inadmissible on the most serious grounds and who may pose a serious threat to Canada and Canadians. Overall, these amendments would ensure that Division 9 proceedings continue to be fair, while offering more robust protections for classified information.

Our government takes the obligation to protect public safety very seriously. We are also determined to respect the rights of individuals under the Canadian Charter of Rights and Freedoms and to meet our international human rights obligations.

Now I want to talk about some of the threat-disruption activities in which CSIS could engage because of changes being proposed in this bill. I will just give one example.

A young Canadian activist becomes disenchanted with Canada, and he has reviewed some YouTube videos, for example, and has listened to some influential people in his community. Individuals within his local place of worship have advised CSIS that he is planning to travel overseas to engage in terrorist activities.

Currently, in this scenario, without this piece of legislation, CSIS can investigate but cannot do anything to stop the individual from travelling. The furthest CSIS can go is to advise the RCMP that it believes the person is about to commit an offence and the RCMP could launch its own investigation, which could take several days. Under the anti-terrorism act of 2015, CSIS could actually engage with a trusted friend or relative to speak with this individual to advise against travelling for terrorist purposes. Further, CSIS officials could 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. Members can see how this could lead to preventing terrorist activities and why it is important to have that.

Here is another example before I wrap up my remarks. Let us say that CSIS learns through its intelligence activities that a planned shipment of chemicals may be used in a terrorist attack on a Canadian business operating in a foreign country. The exact timing is vague or unknown. Currently, CSIS can share this information with the foreign government and other foreign partners, and a travel alert could potentially be issued by foreign affairs. That is all it could do.

With the anti-terrorism act, 2015, CSIS could actually engage in a joint operation with a foreign partner to disrupt the shipment. For example, the shipment could be rerouted so that it is not delivered into the hands of terrorists.

I will give a third example. 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 is a civilian application in flight test programs but is also used in ballistic missile targeting. Under the current laws, as part of its investigations, CSIS can interview officials from the Canadian company to gather information and ask the CBSA to check the parts' paperwork at the time of export to determine if there are customs violations. That is all it can do.

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

These measures could save lives. These measures could disrupt terrorist organizations from terrorizing innocent populations. That is why they are very important.

I will wrap up. I have heard some exaggerations on the part of the opposition and some fabrications about what is in this bill. Canadians understand the importance of security and countering terrorist threats at home and abroad. That is why, if we talk to Canadians about what it is actually in the bill, the reasonable measures within it that put our security agency, CSIS, on par with what other security agencies do around the world, they support it. They understand the importance of these measures and the importance of giving them some additional powers that still respect the rights and freedoms we have in this country.

As the Minister of Public Safety and Emergency Preparedness and many of my colleagues have said, and as I have told people in my constituency of Etobicoke—Lakeshore, there is no liberty without security. Security is fundamental to our freedoms, and that is why it is important that we have strong security measures in this country.

I call on the opposition parties and members throughout the House to support this important piece of legislation.

Anti-terrorism Act, 2015Government Orders

February 19th, 2015 / 5:55 p.m.

The Acting Speaker Bruce Stanton

The hon. parliamentary secretary will have seven minutes remaining for his remarks when the House next returns to debate on the question.

It being 6 p.m., the House will proceed to the consideration of private members' business as listed on today's order paper.