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

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I share the concern that this bill does not have the necessary and robust oversight that it needs, not on a parliamentary level, a judicial level, and not for the purposes of having public engagement.

Therefore, I was proud to be one of many Canadians, including four former prime ministers, as well as the member for Malpeque, to issue an open letter underscoring the need for anti-terrorism law and policy to protect both security and civil liberties, and the need for express and parallel robust oversight, mandated review, sunset clauses and the like. We need that.

We will continue to work for that. Even after the passage of this bill, I will continue to work with Canadians of all political perspectives to ensure that the objectives of both security and the rights of Canadians are secure.

[Bernard Trottier, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs and for La Francophonie]

Mr. Speaker, I am pleased to rise today in the House to speak in favour of the anti-terrorism act, 2015. There has been a lot of discussion in the House and in the media about this bill, and it is long overdue.

It must be noted that 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 that it represents. Contrary to what some groups and even opposition members of Parliament have suggested, jihadi terrorism is not a human right; it is an act of war. That is why our Conservative government has put forward the measures contained in this bill, which would 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 members would have it do, and is instead joining its allies in supporting the international coalition in the fight against ISIS.

I would like to begin by touching on the issue of financial resources in the fight against terror. Our Conservative government has already increased the resources available to our police forces by one third. The Liberals and NDP voted against those increases each step of the way. Now, budget 2015 would further increase resources to CSIS, the RCMP and CBSA by almost $300 million to bolster our front-line efforts to counter terrorism. Our government will continue to ensure that our police forces have the resources that they need to keep Canadians safe.

There is broad support for this legislation from people from all walks of life in Canada. I would like to quote Danny Eisen, the co-founder of the Canadian Coalition Against Terror:

Put plainly by Osama Bin Laden, “The enemy can be defeated by attacking its economic centre.” This tenet was evidenced just recently by threats from Somali terrorists — not against synagogues, churches or MPs — but against malls in England, the U.S. and Canada.

The consequences of terrorism therefore are not restricted to rubble and funerals. Terrorism and its related enterprises cost Canada tens of billions of dollars yearly while the global economy has expended and lost trillions...

The tools in C-51 therefore deserve more tempered consideration by critics given the risk and perhaps the probability that Canada will not escape the attacks seen in other countries. For while legislation can always be revisited at a later date, no act of parliament can reconstitute lives shattered by a terrorist attack. Too many Canadians are already living examples of just how true that is.

These are powerful words from a man who lost family in the horrific attacks of September 11, 2001.

We must remember what this debate is about. We have to stop jihadi terrorists from attacking us. We must remember that it was not long ago that this very building was besieged by a jihadi terrorist bent on destruction.

While the Liberals and the NDP have refused to call the terrorist attack what it is, and have sought to make excuses for the horrific attacks, our Conservative government has taken firm actions, and we have strong support for these actions. Ray Boisvert, former assistant director of CSIS, said:

[C-51] will be a very effective tool to get [jihadist propaganda] material off the Internet.

David Cape, of the Centre for Israel and Jewish Affairs, said:

[The seizure of terrorist propaganda] would empower the courts to order the removal or seizure of vicious material often encouraging the murder of Jews. Removing this heinous propaganda, particularly from the Internet, would limit its capacity to radicalize Canadians and inspire attacks.

Tahir Gora, of the Canadian Thinkers' Forum, said:

The government's proposed Bill C-51, when passed by Parliament, shall help Canadian Muslims to curb extremist elements...

Over and over again, credible Canadians have come forward to say that this legislation would help to combat the jihadi terrorist threat. Contrast these civil society groups, academics and former intelligence operatives with the so-called experts who have maligned the bill. They have demonstrated a lack of knowledge, which leads me to believe that they are terribly misinformed or that there is some other type of agenda at play to try to mislead Canadians.

It is certainly unfortunate that debate in this place has often stooped quite low over this issue, so I would like to raise the tone of debate by reminding the House of Commons of some of the comments of eminent security thinkers.

Professor Elliot Tepper, of Carleton University, said:

Bill C-51 is the most important national security legislation since the 9/11 era...

Bill C-51 is designed for the post-9/11 era. It's a new legislation for a new era in terms of security threats. While it's understandable that various provisions of the legislation attract attention, we need to keep our focus on the fundamental purpose and the fundamental challenge of combatting emerging types of terrorism.

Professor Salim Mansur of the University of Western Ontario said:

Bill C-51 is directed against Islamist jihadists and to prevent or pre-empt them from their stated goal to carry out terrorist threats against the West, including Canada...the measures proposed in Bill C-51 to deal with the nature of threats Canada faces are quite rightly and urgently needed to protect and keep secure the freedom of her citizens.

Scott Tod, the Deputy Commissioner for Organized Crime Investigations with the Ontario Provincial Police said:

Bill C-51 offers improvements for the federal police to share information among our justice sector partners, security partners, but more importantly and hopefully, with the community partners and government situational tables designed to reduce the terrorist threat and improve community safety and well-being.

Dr. Zuhdi Jasser, President of American Islamic Forum for Democracy said:

Disrupting doesn't mean arresting these individuals or violating their personal property rights or taking them out of commission. You're actually just disrupting a plot.

It's amazing to me that disrupting is currently prohibited, I could go on all day about the support for this important bill. However, I see that I have limited time and so I will close my remarks by saying that I would like to remind members of exactly what the bill would do.

The bill would allow Passport Canada, for example, 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. It would allow CSIS agents to speak with the parents of radicalized youth in order to disrupt terrorist travel plans. It would also will give the government an appeal mechanism to stop information from being released in security certificate proceedings if it could harm a source. The bill would not turn CSIS into a secret police force, or somehow systemically violate the rights of peaceful protestors.

When this bill comes to a vote shortly, I hope that all members will be able to base their vote on facts and not fear, and will support this legislation.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I appreciate the speech that we just heard.

I listened carefully to the testimony given before the Standing Committee on Public Safety and National Security, particularly that of the Assembly of First Nations, the Union of British Columbia Indian Chiefs and Pamela Palmater. They expressed the same views as those held by most aboriginal peoples across the country.

Everyone here knows that aboriginal peoples have constitutional rights in this country. The Supreme Court has recognized those rights time and time again, against the will of the members opposite, incidentally.

This bill deals with public infrastructure and the threat to economic stability. I know what I am talking about in that regard because I have been very involved in the area of aboriginal rights over the past 30 years. Whether it was here or elsewhere in the world, I have always been seen as a threat to my country's economic stability. I was even accused of being anti-Quebec in the context of a hydroelectric project in the province. Therefore, I know what I am talking about when it comes to this issue.

Many experts have said that this bill threatens to lump together legitimate dissent and terrorism. The Conservatives are telling us that we do not need to worry, but can they give us even one example of an aboriginal protest in Canada that the federal government considered to be legitimate?

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Mr. Speaker, this bill explicitly states that peaceful protests that are of no threat to anyone are legitimate and that they are not covered by this bill. It is also clear that Canadians' right to participate in public protests will be respected. That has nothing to do with this bill.

The purpose of this bill is to target people who represent a threat to Canada's security and economy and who want to kill Canadians. That is the purpose of this bill. It in no way affects peaceful protests.

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, I met with a number of police organizations over the last week, including some from the City of Toronto, where we both represent constituents. Their complaint was that there is no new money for de-radicalization, there is no new money to do a lot of the work which is side-loaded onto local police forces as CSIS does not have the personnel, in terms of capacity, to fulfill some of these new responsibilities. They wonder how they can do this work and carry out these duties if the current federal government, which talks tough on crime but never supports police departments in the local level when it side-loads these responsibilities, is not going to support them.

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Mr. Speaker, in our most recent budget there is increased monies for police forces and certain initiatives.

However, I think the important thing to remember is that this initiative of de-radicalization is not really the entire responsibility of our police forces. It really has to be the community and society as a whole. There needs to be a complete societal effort for de-radicalization. There are imams I have met with in Toronto who have talked about their need to get involved in this initiative. They know they need to root out extremist elements within some of their congregations, and there could be other organizations that get involved in terrorist activities.

The point is that the police forces will work in conjunction with communities. A lot of these people are actually volunteers. People get involved; they identify; they come forward.

The bill is about giving police certain tools. We think about the ability now, that we do not have, to take down terrorist recruitment websites that call for people to commit acts of terror against Canadian society. Finally, with the legislation we would have that ability. Currently, it is not illegal in this country to do that, to actually advertise and recruit terrorists.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I would like to concentrate my remarks on the theme that has emerged today from the government side, which is that somehow or other the NDP is being misleading and there is a bunch of inexpert critics across Canada commenting on Bill C-51. I will not go the next step and say that there has been misleading coming from the ranks of the government, but that will be apparent as well in my remarks.

I would like to start with three groups of actors who were excluded from testifying before the Standing Committee on Public Safety and National Security on Bill C-51. The Conservatives did not want these people revealing their knowledge and the information that comes with it.

The special advocates who are in charge of providing representation in national security certificate proceedings wanted to appear. They were not allowed to appear, so they instead sent a written submission where they pointed out two problems with Bill C-51. One was that in the existing national security certificate proceedings, a whole set of new restrictions were being put on the access of special advocates to government information relating to the person whose interests they were supposed to be protecting in the name of fair process within the legal system.

Under the amendments to the Immigration and Refugee Protection Act proposed and that are now going forward in Bill C-51, the government will now be allowed to decide what information is relevant for the case made by the minister and then give only that to the special advocates. They are demanding rightly that this be amended, no although there is no chance it will be now, so that special advocates can receive all information and other evidence in order for them to decide what is relevant and what is not. Quite obviously, the second possibility would be for the judge to determine, but not for the government on its own to be able to do that.

The second thing they wanted heard was about this new disruption power that was being placed in the hands of CSIS, with a role being given in certain circumstances, far fewer circumstances than the government would lead people to suggest, for judges to preauthorize the issuing of warrants for disruption, some of which could preauthorize charter infringements, infringements meaning a violation of a right, that they would determine somehow was still not a violation of the charter, if we were to understand how the justice lawyers represented it finally, with more clarity than the minister was capable of, at committee.

Basically, they have made the excellent case that this needs a system of special advocates. These are going to be secret proceedings, ex parte proceedings. Judges will have no power to follow-up and see whether or not the warrant they issued had any bearing on or relationship to what was actually carried out. There are all kinds of problems with the procedural aspects of the process to suggest that people's interests, those who are going to be subject to these broad-ranging warrants that have nothing to do with the two normal things that judges are involved with, which is issuing warrants for arrest and for reasonable search and seizure, that those people would have their interests adequately protected.

This is a group of special advocates, all of whom are eminent lawyers, in the Canadian legal community, including Paul Cavalluzzo, Paul Copeland, John Norris and Lorne Waldman. Those are just four of the signatories of their submission.

The second person who was excluded from testifying before the committee was an officer of Parliament, the Privacy Commissioner, who I would like to remind everybody, is also not just there to protect privacy interests in the realm of being the Privacy Commissioner, but who comes from a background of national security law when he was with the government before being appointed. I have to be honest. I was worried about that when he was appointed, but he has turned out to be the good lawyer that everybody said he was and he has interpreted his role as being to actually comment on legislation when it is going to create serious impact on privacy rights.

Let me talk about the information sharing act. We have been on about this in the House a couple of times today. We discusses it in his written submission, because of course he again was not allowed to testify before the Bill C-51 House of Commons committee. I do not know what kind of democracy people think we are operating here, but it is not a full-fledged parliamentary democracy in any way, shape or form when an officer of Parliament cannot appear before a committee on a bill that strikes at the heart of privacy concerns.

He says:

In sum, the 17 federal departments in question would be in a position to receive information about any or all Canadians’ interactions with government.... We are moving very quickly into the world of Big Data... As a result of [the new act, Bill C-51], 17 government institutions involved in national security would have virtually limitless powers to monitor and, with the assistance of Big Data analytics, to profile ordinary Canadians, with a view to identifying security threats among them.

He is saying that is obviously a huge incursion into privacy. What we do about it is what so much of the rest of his brief is about. Of the five or six recommendations he had that would have been helpful to have testimony on in the full light of day, with media and others paying attention as well, here is one. He said:

Another obstacle to effective review is that existing review bodies are currently unable to share information amongst themselves. As we and others have stated previously, there is at present no explicit legislative authority to conduct joint reviews of national security operations, nor is there a mechanism whereby information of relevance that may be discovered by one review body could be passed to another.

He goes on to say, “A system which proposes removal of silos between government departments”, these are the 17 government departments that would be able to share information more freely under this new system, for information-sharing purposes must provide for the same removal of silos for the bodies which ensure their activities are compliant with the law”.

Finally, he is echoed by the third actor I want to mention, Commissioner Plouffe, who is the Communications Security Establishment Canada. He also did not want to appear before the committee. That included special advocates, the Privacy Commissioner and the CSEC commissioner. One of the only three review bodies that exist in our entire system was not even allowed to testify. Basically, he had the same concern as Privacy Commissioner Therrien. Despite the fact that all this information-sharing power is given to all the government departments, no parallel power is even given to the 3 agencies that oversee 3 of those 17. He said:

However, an explicit authority to co-operate and share information would strengthen review capacity and effectiveness. This authority becomes that much more important in the evolving context of ever greater co-operation between the intelligence and security agencies

Sharing of information among the existing review bodies would allow one to alert another as to what information was being shared, to follow the trail of that information and to ensure that the sharing of information complied with the law and that the privacy of Canadians was protected

No testimony at all appeared along these lines because, again, he did not appear.

He ended by saying, in what has to be a masterpiece of diplomatic speak:

I regret that an opportunity has not been seized to introduce amendments to the National Defence Act to eliminate ambiguities that were long ago identified by my predecessors.

None of this is new. We all know of these concerns and that is why four prime ministers, with a number of former justices of the Supreme Court of Canada, also wrote specifically on this point. They reminded us all that proper oversight and review is there, especially with radically expanded powers to security agencies, not just CSIS, as the information-sharing powers would go well beyond CSIS in this act, not just to protect human rights, constitutional rights, civil liberties, whatever one wants to refer to them as, but also to protect public safety. Oversight and review go to the effectiveness of the agencies. They catch problems. They ensure that agencies are not actually doing either ineffective or counterproductive or, frankly, stupid things.

I would like to draw attention as well to a document produced by Professor Forcese, who did yeoman's service, along with Professor Roach, drawing the country's attention to the multiple problems in this bill. I will simply cite an article online, published on April 16, called “Bill C-51: Catching Up On The 'Catching Up With Our Allies' Justification For New CSIS Powers”.

He basically goes through all of the countries that the government is claiming already have the disruption powers that it says it is putting into Bill C-51 in order that we can catch up, and he takes apart every one of the references. There is not a single country that can be used in support of the power that is going into Bill C-51. It is a longish document and has to be read to be understood, but it shows that the government is actively engaging in either sloppiness of the most serious sort or an active deception on this point. This document is another one that needs to be taken into account.

I would finally like to point out that one thing that came out of the hearings was that the government confirmed it was interested in including the within the disruption power the power to detain and to render people from Canadian hands to other hands. When amendments were put forward to ensure that was expressly excluded from disruption powers, the Conservatives voted it down and said that they wanted to leave it open. This is something we all have to know, that there is an agenda here on some fronts about which we should be very concerned.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to get the member's insights. Does he feel there is anything within the current legislation that he would see as a positive or a step forward, something he believes would ease the minds of some Canadians? I can appreciate the party's overall position on the legislation, but are there some aspects of the legislation where the member believes there might be some value?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, the best and possibly only example would be the principle in the bill with respect to the new information sharing act. Better sharing of information among relevant agencies for the limited use that would enhance Canadian security is a good idea.

Therefore, say there is a principle, and who could have problems with that, being called upon by the Justice Major commission on Air India, by the Arar commission, et cetera. The point is how it is done, in a way that is extreme in how far it goes without safeguards, multiple safeguards, having to do with privacy rights, and how it has no corresponding inclusion of the right of oversight agencies to share information so they can step outside their silos to properly ensure that at least three of those seventeen departments are properly overseen.

If I were fair, anybody would want to build up the right kind of information-sharing regime, but this is certainly not the one.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I thank my colleague for his speech, for his presentation, and especially for reminding Canadians that our study of this bill is fundamentally flawed because we were not able to hear from the key players in committee and because we were not able to properly debate the bill.

I recently heard a media report that said that a bill like Bill C-51, in which the government collects data on all Canadians, is not an effective way to enhance security. In fact, we end up getting lost in useless data and the whole process puts incredible demands on our time and resources. This means that we cannot allocate that time and resources to finding a more effective way to enhance security. Could the member speak to this issue?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, in fact, that is a criticism directed at the effectiveness or lack of effectiveness of having a ton of information and data. I have also heard that criticism, but I am not really an expert, and I cannot say whether or not we have the ability to collect the data and discern what is pertinent, important and urgent. However, according to some people, it is a problem to think that just having more information and data is itself a solution.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, I noted that in the member's speech he referred to some witnesses whom he asserted were somehow blocked by the government. Putting it nicely, I do not think the facts would bear that out.

Having been a member of the public safety committee previously, I know that generally the committee chooses its witnesses by having the parties prioritize their potential witnesses. Obviously, the fact that these witnesses would not have appeared would indicate to me that the opposition members would not have chosen to prioritize them on their lists. I would like to give the member the chance to correct the record. I certainly hope he will choose to do so.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, there is nothing like leading with one's jaw.

We all know that the opposition NDP asked for 25 hearings and got eight. The government started with three. Lists and the priority on lists are completely irrelevant when these witnesses should have been there, especially when one is an officer of Parliament and especially when one is one of the only three bodies overseeing one of our national security agencies.

The fact is that they were not heard. The government did not want them heard. That is the fact.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, it is a pleasure to rise today in the House and underline how important it is that the anti-terrorism act, 2015 be adopted and that it be adopted as quickly as possible.

Ensuring the safety of a country's citizens is, in fact, the first and foremost responsibility of any country and of any government. Certainly this bill is both the sword and the shield that will ensure that Canada has the tools to face the international jihadist movement, whose members plot, scheme, and work tirelessly to organize attacks against Canadians to further their agenda of hatred.

Let us remember that for jihadists, there is no room for infidels. There is no tolerance for those who disagree with their barbaric practices. Their answer is to simply behead those who oppose them.

Canadian values of freedom and liberty are a threat to their totalitarian ideology. There can be no appeasement of jihadists. They do not respect the rule of law. They do not recognize human rights. They deny and are hostile to anything that could be construed as an obstacle to their goal of imposing a caliphate over all.

Who do we mean when we speak of the international jihadist movement? We speak of the so-called Islamic State, Boko Haram, and al Qaeda, all groups that have in common a thirst for violence and the perversion of their religion that serves as the basis of their ideology. They are groups that have no qualms about trading girls like livestock to serve as concubines and rewards for jihadist fighters.

This is the enemy. These are the people who have declared war on Canada and our allies. Some of their sympathizers are quite content to remain in the shadows as armchair propagandists. They never actually detonate a bomb or commit an act of terrorism but instead take an active role in its glorification and broadcast. They lurk on social media, propping up support and radicalizing our youth by relaying propaganda, luring them away to be conscripted to serve as foot soldiers in the international jihadists' crusade against western democracies.

Radicalized Canadians are leaving our country for Syria and Iraq, having adopted the radical ideology that fuels the Islamic State. They long for martyrdom.

The anti-terrorism act, 2015 will go a long way in giving our law enforcement tools to take down hateful propaganda from the Internet and to help contain this recruiting drive by our enemies. As the Canadian Coalition Against Terror put it:

Terrorists, aware of some of the shortcomings and limitations of our legal systems, often exploit these gaps to their advantage.

We have to remain flexible and adapt to the fact that jihadi terrorists are knowledgeable of the inner workings of our legal system and are behaving accordingly to further their agenda on Canadian soil, while limiting our options against them. The opposition has tried, unsuccessfully, to claim that the provisions in the anti-terrorism act go too far.

Canada is alone amongst Western countries in not allowing its spy agencies any powers whatsoever to prevent terror. It is alone in having a spy agency still operating 30 years in the past. It's time to fix that.

Who said that? That was Sharon McCartan, criminal prosecutor for the Ontario Ministry of the Attorney General.

This is not a wish on our part. It is a necessity, on par with what is done elsewhere among western democracies. I believe that most Canadians would expect that should an intelligence agency be aware of a terrorist plot, it would seek to prevent it. We simply disagree with the opposition's claim that they should be forbidden from doing so.

We can also listen to Christian Leuprecht, a professor at Queen's University, who said, “Just to visualize why it's important, many of our allies have these types of powers. In Europe, they're used to effect. We know they have not destroyed the free and democratic state. And the checks that are in place in Europe seem to work reasonably well. For example, I think we owe it to Canadian parents who grieve because their children have gone abroad and gotten killed or gotten injured to do something that can prevent them from doing harm to themselves”.

Baseless claims have been made that the anti-terrorism act, 2015 somehow sacrifices our liberty to ensure our security. That is completely false. Canadians understand that liberty and security go hand in hand. We, as parliamentarians, understand this fundamental fact also. Without security, we cannot enjoy the liberty of partaking in the democratic process. When we cannot ensure the security of our families, there is no freedom. The fact is, those who threaten our liberty are not the police officers who patrol our neighbourhoods. They are not our intelligence officers. Those are the people who have the mandate to protect our country and who are on the front lines and every day do what is necessary to keep those who seek to profit from harming Canadians at bay.

When we talk about the international jihadist movement, either the self-radicalized lone wolf from a Canadian suburb plotting ominous terrorist attacks on Canadian soil or the Islamic State fighter lured abroad in Syria, these are all jihadists ready to commit any and all atrocities. They are determined, they are resourceful, and they are driven by hatred.

Some in this chamber deny to this day that the attacks that took place in Canada were terrorism. They claim that mental illness is the only possible explanation. They would rather dabble in semantics and pedal spin than discuss how to protect Canadian families from the threat of jihadists. They deny that the threat is real.

In 2012, the member for Brome—Missisquoi had this to say:

I am confused about what motivated the government to introduce Bill S-7...because, since 2007, nothing has happened in Canada. The country has not even been subject to terrorist attacks.

I would certainly hope that the NDP today understands the necessity of giving our country the tools needed to protect Canadians. I hope that party realizes and acknowledges that this comment was certainly made out of ignorance.

It is interesting to note that the member for Pontiac used to be affiliated with the Communist Party of Canada, which had in its 2011 platform a plan to, and I quote, “Repeal state security legislation like the no-fly list”. That the member has sympathized with the idea that we should be repealing the no-fly list and give jihadi terrorists open access to board planes is a worrying thought but one that is unfortunately reflective of the NDP's position on security it seems.

The NDP would rather try to shut down the House of Commons in an attempt to derail parliamentary democracy than contribute to making Canadians safe from the threat of jihadi terrorists. They are not interested in finding solutions. That much is clear. They do not want to get on board with fighting terrorism, and they would rather adopt the way of appeasement. I guess that is their right, but to try to derail the legislative process is another matter.

This legislation is certainly needed. Its provisions would no doubt make Canadians safer. We will continue to work to get it through, despite the NDP's attempts to impose their appeasement ideology on this House. Canada will prevail, and history will show that we did the right thing.

I urge all members of this House to support this important bill.

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, there are 60 leading Canadian business people, entrepreneurs and investors, including Flickr co-founder Mr. Butterfield, who have signed an open letter to the Prime Minister. This is just one example of what we can read in that letter:

We believe [the entrepreneurs] that this legislation threatens to undermine Canada's reputation and change our business climate for the worse.

...we fear that this proposed legislation will undermine international trust in Canada's technology sector....

These people are very busy. They are in the type of business that is changing all the time with new technologies. They have more to do than wonder if a bill would actually threaten their business. Some of the best are saying that it would threaten Canada's technology sector.

What can my colleague tell those people? Are they doing this because they are all NDP members and suddenly they want to stand against the government for no good reason? No. We should be worried, as they are.