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

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, it is an honour for me to stand in the House today to speak on Bill C-51, our government's anti-terrorism act, 2015.

I am pleased to be here today to discuss this legislation that would protect Canadians from the evolving threat of terrorism and keep our communities safe. The world is a dangerous place. This was brutally demonstrated this past October when Canada was the target of two vicious separate terrorist attacks. The anti-terrorism act, 2015, would provide Canadian law enforcement and national security agencies with additional tools and flexibility to keep pace with evolving threats and better protect Canadians here at home.

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

The legislation before us today also includes checks and balances to ensure that it respects the rights of Canadians and complements other legislation passed by our government in order to better protect Canadians and secure institutions, including the Combating Terrorism Act and the Strengthening Canadian Citizenship Act. In brief, Bill C-51 includes a comprehensive package of measures that would criminalize the advocacy or promotion of terrorism offences in general, counter terrorist recruitment by giving our courts the authority to order the removal of terrorist propaganda online, enhance the Canadian Security Intelligence Service's powers to address threats to the security of Canada while ensuring that courts maintain oversight, and would provide law enforcement agencies with an enhanced ability to disrupt terrorism offences and terrorist activity.

It would also enhance the passenger protect program by further mitigating threats to transportation security and preventing travel by air for the purpose of engaging in terrorism. As well, it would make it easier for law enforcement agencies to detain suspected terrorists before they can harm Canadians and toughen penalties for violating court-ordered conditions on terrorist suspects. In addition, it would enable the effective and responsible sharing of relevant national security information across federal departments and agencies to better identify and address threats. It would ensure that national security agencies are better able to protect and use classified information when denying entry and status to non-citizens who pose threats to Canada. Finally, it would provide additional protections to witnesses and other participants in national security proceedings and prosecutions.

Our Conservative government is serious about taking action to keep Canadians safe. Recent attacks in Canada, which led to the deaths of Corporal Nathan Cirillo and Warrant Officer Patrice Vincent, as well as attacks in France, Australia,and Denmark, are reminders that the world is a dangerous place and that Canada is not immune from the threat of terrorism.

Recent terrorist actions in Canada are not only an attack on our country but also on our values and society as a whole. Unlike the NDP and Liberals, our Conservative government understands that extreme jihadists have declared war on all free people, and on Canada specifically. That is why we will continue to protect the rights and safety of all Canadians. We will not, however, privilege the so-called rights of terrorists and others who would harm Canadians over the rights of law-abiding citizens. The proposed legislation would provide our security and law enforcement agencies with the required tools and flexibility they need to effectively detect and disrupt national security threats before they happen, thus keeping Canadians safe.

I would like to address some of the misconceptions surrounding the legislation. There is continued coverage of calls for parliamentary oversight of Canada's national security agencies. Recently, several Canadians, including former Liberal Prime Minister Jean Chrétien and former Prime Minister Joe Clark, called for greater oversight of Canada's national security agencies. I believe that third party, non-partisan, independent, expert oversight of our national security agencies is a better model than political intervention in this process. What is more, the key powers of the anti-terrorism act, 2015, are subject to judicial review and judicial authorization.

Let us look at the facts. The international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because these terrorists hate our society and hate the values it represents.

The bill targets terrorism. Jihadi terrorism is not a human right, as some on the other side would have us believe. It is an act of war. That is why our government has put forward measures that would protect Canadians against jihadi terrorists, who seek to destroy the very principles that make Canada the best country in the world 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 ISIL.

In addition to misconceptions regarding the accountability framework, there are many misconceptions about who is targeted by this legislation. The NDP leader has alleged that the new anti-terrorism bill changes the definition of a threat to the security of Canada to include matters that interfere with the economic stability and infrastructure of the country. The NDP leader alleges that these changes mean that legitimate dissent and protest would now be considered threats to Canadian security.

These allegations are completely false. Section 2 of the CSIS Act, which outlines exactly what is considered a threat to the security of Canada, is not being amended in any way by the anti-terrorism act, 2015. Section 2 of the CSIS Act states that “A threat to the security of Canada does not include lawful advocacy, protest or dissent”. The measures in the bill that are pointed to fall under a list of activities that undermine the security of Canada, and are there for the purposes of information sharing between government departments. Even though he has mixed up two very different pieces of legislation, it is important to note that Bill C-51 qualifies that list by stating that “Activity that undermines the security of Canada does not include lawful advocacy, protest, dissent and artistic expression”.

It is unfortunate to have to say that the claims made by the leader of the NDP are completely false. There is absolutely no change being made to what constitutes the threat to the security of Canada. The measures that the leader of the NDP is pointing to deal with information sharing between government departments. Further, the CSIS Act specifically states that threats to the security of Canada does not include lawful advocacy, protest or dissent. The new legislation states, “Activity that undermines the security of Canada does not include lawful advocacy, protest, dissent and artistic expression”.

We reject the argument that every time we talk about security, our freedoms are threatened. Canadians understand that their freedom and security go hand in hand. Canadians expect us to protect both, and there are protections in this legislation that do exactly that.

The fundamental fact is that our police and national security agencies are working to protect our rights and our freedoms, and it is jihadi terrorists who endanger our security and who would take away our freedom.

Given that the leader of the NDP has so wilfully misunderstood the legislation before us today, I hope he heeds my remarks and undertakes further efforts to understand this legislation. Once he does, I am quite convinced that he will be compelled to support these important measures.

[Lawrence Toet, Conservative, Elmwood—Transcona, MB]

Mr. Speaker, I am pleased to speak to Bill C-51, the anti-terrorism act, 2015.

This is not the first legislation that the Government of Canada has introduced to keep Canadians safe from terrorist acts. Following the terrorist acts of September 11, 2001, Parliament passed the Anti-Terrorism Act, which provided a good response to the terrorist threat as it was then. However, if we fast-forward 14 years, we can see that a lot has changed in the threat environment

Today we know that groups, like the Islamic State of Iraq and the Levant, are actively encouraging their followers to carry out acts of violence against western nations, including Canada. We know that individuals in Canada are radicalizing to violence, advocating for others to join them, and attempting to leave Canada to train, recruit and participate in terrorist activities abroad. The recent arrests and terrorism-related charges laid by the RCMP of individuals in Ottawa and Montreal are a testament to that reality.

It is clear that the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because the terrorists hate our society and the value it represents.

Jihadi terrorism is not a human right; it is an act of war. That is why our Conservative 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 to live.

In order to effectively deal with these rapidly changing threats, our anti-terrorism laws must change as well. That is why we have made it a key priority to introduce measures in recent months to give our national security agencies the tools and resources they need to keep Canadians safe from terrorist threats.

This includes passing the Combating Terrorism Act to make it a criminal offence to travel for the purpose of terrorism. It includes passing the Strengthening Canadian Citizenship Act to establish a new authority to revoke Canadian citizenship from dual nationals who are convicted of an act of terrorism. It also includes introducing the protection of Canada from terrorist act to confirm that the Canadian Security Intelligence Service can conduct its intelligence gathering on threats to Canada outside of our borders.

We continue to take proactive measures to counter violent extremism, working closely with leaders in communities to help them identify early warning signs of radicalization to violence and build resiliency against the terrorist narrative being broadcast from extremist groups around the world. The legislation before us is one more way that we are addressing the terrorist threat.

The elements within the bill fall under the purview of the Minister of Public Safety and Emergency Preparedness and the Minister of Justice. However, for my time today, I will look in more detail at the elements that fall under the Minister of Public Safety and Emergency Preparedness. Those elements will strengthen Canada's national security in a number of ways.

First, the bill would create the security of Canada information sharing act, which would improve how information related to national security would be shared across federal departments and agencies. As it stands today, some information that could be critical to a national security investigation, such as immigration records or passport information, cannot be shared by the agencies involved due to legal restrictions in place. This new act would remedy this by removing specific prohibitions and giving federal institutions the authority to share information as it relates to national security in a responsible manner that respects both the need to keep Canadians safe and to safeguard their privacy rights.

The bill would also enact the secure air travel act, which contains measures to address terrorist travel. As I mentioned at the outset, we know that individuals are leaving or attempting to leave the country to take part in terrorist-related activities. With a stronger passenger protect program in place, authorities would have more tools to help them address these threats, including the ability to deny boarding or ensure the individual would be subject to additional physical screening at the airport.

Under the secure air travel act, the Minister of Public Safety and Emergency Preparedness and the Minister of Transport would work together to ensure individuals who caused a security risk would be identified and that air carriers would be taking appropriate actions, as directed, to manage these risks.

The legislation also contains measures that would enhance the mandate of CSIS.

As we have heard during debates on the protection of Canada from terrorist acts, CSIS is a key security agency that works abroad to collect and report intelligence on threats to the security of Canada outside of our borders. We believe it must be given an expanded mandate to move beyond being Canada's note takers. As such, this bill proposes to provide CSIS with the authority to actively disrupt threats to the security of Canada, within Canada or outside Canada. The new authorities of CSIS will be subject to robust safeguards to ensure that they are used responsibly, proportionately and, most important, in a manner that is consistent with the CSIS Act, the Canadian Charter of Rights and Freedoms and the fundamental principles of democratic accountability that Canadians expect.

Finally, I will speak to the changes proposed to Division 9 of the Immigration and Refugee Protection Act, IRPA. As we have heard, Division 9 of IRPA, although not used frequently, can help the Government of Canada ensure that non-citizens who pose a threat to our national security are denied entry or status. To this end, the legislation before us includes limited changes that would ensure Division 9 would continue to be used in a fair and effective manner, while better protecting classified information used in immigration proceedings.

The bill accomplishes this by proposing two changes.

First, it would authorize the Minister of Public Safety and the Minister of Citizenship and Immigration to appeal or seek judicial review of orders to publicly disclose classified information while a proceeding is under way. This is critical because, today, the ministers have to wait until the proceeding is finished before being able to appeal. This new authority would halt the public disclosure of classified information until a determination of a potential harm of disclosure could be made.

Second, the bill proposes changes to the law in order to clarify the information that forms part of Division 9 cases before the Federal Court and the Immigration and Refugee Board. With this change, only specific information can be included as part of the proceedings. This means information that is relevant to the case, information that the government relies on to make its case and information that allows the non-citizen to be reasonably informed about the case.

The bill before us is another important initiative to strengthen our country's national security. It will complement our existing counterterrorism measures and demonstrate Canada's leadership in taking a proactive stand against acts of terror.

I urge all members to support the anti-terrorism act, 2015.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, the first part of Bill C-51 provides definitions of terrorist activities. The definitions are so vague they could potentially cause problems. For example, a Canadian journalist interviews a terrorist leader abroad, then runs the interview in Canada: that is a terrorist activity. A group of fishers who think the environment in their region is in jeopardy decide to use their small boat to stop an industrial activity in local waters: that is a terrorist activity. A Canadian public servant deems the clandestine operations of security forces to be undemocratic and he blows the whistle to opposition politicians: that is terrorism. Canadian academics, researchers, travel abroad, discuss global warming and share Canadian information: that is terrorism.

Is that acceptable in a free and democratic society?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, we all recognize the serious threat posed by terrorism. It poses a very real threat that we need to address in a thoughtful, effective manner.

Unfortunately, not only does Bill C-51 leave out measures that have proven effective against radicalization and terrorism, but it also contains provisions that pose a threat to our freedoms and our democracy.

It goes without saying that Canada needs to identify and stop potential terrorist acts. However, we already have the mechanisms needed to do so. Our institutions have powers allowing for surveillance, intelligence gathering, immigration checks, preventive detention, arrest and imprisonment. What they do not have are the resources needed to enforce the existing laws.

Jeff Yaworski, the assistant director of operations at the Canadian Security Intelligence Service, told the Senate Committee on National Security and Defence that, because of limited resources, CSIS is incapable of properly monitoring the 80 Canadians suspected of being terrorist sympathizers who went abroad and then returned to Canada. CSIS therefore does not have the resources it needs.

The Commissioner of the RCMP, Bob Paulson, also testified at the Standing Senate Committee on National Security and Defence, and he said that resources were also an issue for the RCMP-led integrated national security enforcement teams. He said:

...over 300 additional resources were transferred in to enhance the capacity of INSETS from other federal policing priority areas such as organized crime and financial crime.

Despite our legislation and our systems, we are lacking resources. We are being forced to give up on things such as fighting organized crime—another security issue—rail safety, food safety and public safety. The Conservative government is doing a poor job of dealing with these issues.

Instead of allocating resources where they are needed, this government has introduced a bill with such vague terms that it would allow the government to legally spy on its political enemies or civil society groups that are opposed to the government's political plans.

Under this bill, anything that interferes with Canada's economic or financial stability or infrastructure or undermines Canada's territorial integrity may be considered an activity that undermines national security.

A Federal Court judge, at an in camera meeting where only the government is represented, could authorize the Canadian Security Intelligence Service to take any appropriate action warranted by the circumstances in order to reduce threats to Canada's security. We want to reduce threats to Canada's security. However, the definition in this bill is so broad that it no longer has anything to do with terrorism. Furthermore, the judge could authorize these measures even if they breached the law and the Canadian Charter of Rights and Freedoms.

Does this mean that a protest against an oil pipeline, for example, could be considered as interfering with infrastructure and thus a threat to our security? Could this be considered terrorism?

The Minister of Public Safety and Emergency Preparedness is always telling us that the act does not apply to lawful protests or artistic expression. However, in Montreal, major protests are sometimes declared unlawful when in progress because the participants did not want to provide the route. Does that make them terrorists? These protests often take place in the riding that I am pleased to represent.

When an environmental group climbs a tower to put up a banner, that does not represent a threat to Canada, but it does not fall within the Minister of Public Safety and Emergency Preparedness's definition. We have to wonder whether this leaves the door wide open to spying on these individuals and taking what the government calls preventive measures.

We can see how this government treats people who oppose it. The Canada Revenue Agency is practically harassing people, the government is cutting funding and there are all kinds of other measures. A lot of people, from environmentalists to aboriginal groups to various civil society groups, are very concerned, and rightly so.

Meanwhile, the whole bill is very vague. It proposes that we make it illegal to promote terrorism in general. Of course no one wants to promote terrorism, but why add “in general”? For example, will this affect journalists who might give very neutral and objective reports on what groups considered terrorist groups are demanding? Will that fall under this category? The bill is not clear. That is why people are worried.

What is worse, the bill gives the Canadian Security Intelligence Service police powers, without any explanation for why this is necessary. In the 1970s, after a number of cases of abuse, in particular in response to the events of the October crisis, the government rightly separated intelligence services and police services for good reason, after detailed analyses. Now, all of a sudden, this government wants to give police powers back to the intelligence services, which have an essentially secret mandate and much less public accountability. That is why a respectable newspaper like The Globe and Mail, which no one can accuse of anarchism or leftism, talks about the Prime Minister's secret police.

Lastly, to top it all off, although the bill grants additional powers to the Canadian Security Intelligence Service, it does not contain any measures to enhance oversight, although that is definitely necessary. This could put us in line with many of our partners and allies who also have mechanisms of oversight by elected representatives, to ensure that all mechanisms are working. We know that the existing oversight body is working with limited resources. It has not always been able to obtain the relevant information from the Canadian Security Intelligence Service. We also know that the Prime Minister appointed Arthur Porter to lead that body, a man who is now facing numerous charges himself.

I only have a minute left but I want to point out that, while President Obama invited representatives from around the world to Washington last week to discuss community-based initiatives to prevent radicalization, this bill is completely silent on that topic. It is an extremely important issue, however. We must work on prevention.

As a final point, since I do not have time to talk about everything here, I want to say that it is important to have a debate in the House. It is extremely important for Canadians to really understand this major issue that we are dealing with. However, it is clear that the government is constantly muzzling us with its many gag orders.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, it is truly an honour to rise today to speak about such important and noteworthy legislation. The anti-terrorism act, 2015 proposes changes that hold great promise in terms of enhancing Canada's capacity to confront the terrorist threat.

Let me be clear. The international jihadist movement has declared war on Canada and her allies. This is because they despise modern society. They would take away rights for women. They would go back to barbaric, theocratic laws. On this side of the House, we will not stand for any action or inaction that gives these terrorists any power in the world, though some on the other side of the House may disagree.

During my time today I could speak at length about any one of a number of meaningful changes that will help us address the threats our country faces at the hands of violent extremists and individuals who travel abroad for terrorist purposes. Specifically, they include the need for measures to counter advocating terrorism on the Internet; amendments to the Immigration and Refugee Protection Act to better protect classified information for immigration proceedings; the expansion of the passenger protect program as a further step in confronting the challenge of terrorist travellers, including the creation of a robust legislative basis for the program; and an enhanced mandate for CSIS that would see it move beyond playing a passive role of intelligence gathering to a role that would include threat disruption activities, thereby bringing it closer in line with the mandates of Canada's allied agencies.

Indeed, the bill addresses all these areas and more. However, today I want to focus my remarks on another area, one that, while perhaps not immediately obvious, would have clear benefits in helping us strengthen our overall national security framework. The element I am referring to includes changes that would enhance information sharing practices across federal government departments and agencies.

It is becoming quite clear that the current legal framework governing information sharing can, in some instances, prevent or impede the sharing of information when national security interests are at stake. Therefore, we have proposed some very prudent and measured changes that would allow government departments and agencies more latitude to share information, when appropriate, for reasons of national security.

Part of living in a free and democratic society means having defined legal limits on how government institutions treat the information in their possession. Indeed, information sharing is rightly limited by important laws, such as the Canadian Charter of Rights and Freedoms and the Privacy Act. Our federal institutions take their obligations very seriously when it comes to protecting information.

In addition to the charter and the Privacy Act, to which all government institutions are bound, institutions are also subject to their own specific mandates and legal regimes governing information sharing practices. These often include explicit limits on how information can be shared. While we all understand why such measures are in place, we can no longer allow them to impede any activity that has the real potential to significantly contribute to our national security.

As one example, the Department of Public Works and Government Services is limited in how it can share information related to people and companies that deal in controlled goods, such as weapons and military equipment. At times, such information could well be germane to national security threats, yet we are not in a position to share it for those purposes. I am confident that we can all agree that this raises serious concerns, from a national security perspective.

We can, and we must, do better. Given the current environment, permeated with the real and persistent threat of terrorism, it is vital that these institutions be in a better position to work together more effectively.

It helps if we think about it as a puzzle. In the course of carrying out their responsibilities and mandates, different organizations collect information that, on its own, serves a specific purpose, but these organizations may come across specific information from time to time that they feel raises concerns from a national security perspective. If these organizations can share that information, government organizations with legal mandates related to national security can more effectively put those pieces together and create a more complete picture of a given threat so that appropriate action can be taken.

Simply put, the current framework for our federal institutions is not as conducive to information sharing for national security purposes as it needs to be, owing to particular complexities and restrictions.

Our government is convinced that taking steps to rectify these gaps and restrictions would help us better protect Canadians and Canadian interests. Security needs must be taken into consideration, and information needs to be more effectively and rapidly shared among federal government partners.

With this new legislation we have the opportunity to provide for that by explicitly authorizing information sharing within the Government of Canada for security of Canada purposes. In this way, we could provide clear authority to all federal institutions to disclose information, either proactively or in response to a request, to designated recipient institutions. To be clear, these designated recipient institutions would only be those with clear responsibilities or jurisdiction related to Canada's national security. Further, it is worth noting that the new bill would not require that information be shared. Rather, the holder of the information would retain discretion as to whether or not to share.

We have proposed amendments to certain existing acts, as well, to resolve barriers. For example, an amendment we have proposed to the Customs Act would mean that CBSA would be legally permitted to share customs information with Citizenship and Immigration Canada for the purpose of administering or enforcing a Canadian passport order when national security was involved.

Members of the House will know that the Strengthening Canadian Citizenship Act was passed in July 2014 to provide authority to revoke the citizenship of dual nationals involved in activities that jeopardize the security of Canada. It is essential for officials of Citizenship and Immigration Canada to have the right information to enforce this new authority, and this amendment would help to allow for that.

Before I conclude, I want to note that our government is confident that our federal government institutions will take up and use this new information sharing authority responsibly and with due regard for the charter and legal requirements. They will respect the fine balance between privacy and security, just as Canadians expect.

It is important to note that independent review bodies, such as SIRC, the Office of the Communications Security Establishment Commissioner, and the Civilian Review and Complaints Commission for the RCMP, as well as the Privacy Commissioner and the Auditor General, will provide an important counterbalance to the new authorities provided in Bill C-51.

As always, our government stands ready to take appropriate action to protect the safety and security of Canadians at home and abroad. This legislation is further proof of that commitment.

I urge all hon. members to support us as we take this important step forward to strengthen Canada's national security.

[Dennis Bevington, NDP, Northwest Territories, NT]

Mr. Speaker, I am glad to have the opportunity to speak to this bill, though many of my colleagues in the House who would also like an opportunity to speak to such an important bill that mixes security and freedom will not have one because we are under time allocation.

Bill C-51 makes it very clear that the Prime Minister meant what he said when he remarked that we would not recognize Canada when he got through with the bill. The party of one will make sure that this country is not the same after his reign is finished. We will not recognize Canada after Bill C-51 is made law and used for many years. We will not recognize what this bill can do to Canada, including today when we stand to speak about a couple of jihadist threats that have potentially occurred in Canada and speak about the bill in that regard. We will not recognize what the bill would do to Canada because it will come in the actions of CSIS over many years, as CSIS uses its new powers to work in Canadian society and, through Bill C-44, in various ways abroad to change the very nature of Canadian society.

The Conservative Prime Minister has demonstrated time and again that disagreement is not something he tolerates or understands. In fact, we heard the former Public Safety minister Vic Toews call environmentalists eco-terrorists in 2012. The current finance minister, in his time as natural resources minister, basically made the same kinds of remarks.

We live in a world where we know that we have to balance the environment and the economy and where those questions require debate, disagreement and, many times, civil confrontation. Now there would be a new set of rules. It is hard to think that that type of interaction could in any way be a threat to national security when we talk about how we are balancing what we do in this country between the environment and the economy, but that is quite clearly laid out in this bill. It underlies this bill.

This bill would likely create even greater divisions and alienation in our society than exist now. That is generally what happens when there is more authoritarian and secretive behaviour in society, with more opportunities for collusion under the law to take out the people who are not liked or the people who are somehow thought to be threats to Canada.

When one views the government's actions and words of concern about environmentalists, it is understandable that many Canadians are starting to speak up about Bill C-51. Yes, the initial poll showed that a lot of Canadians liked the idea of security against terrorism; but did they understand what was in the bill, and are the Conservatives allowing them to understand that by continuing this debate in the House of Commons? No, they are not. They are closing the debate down because they know darn well that as this debate continues and things come out, others will ask for a better bill and a better understanding of the nature of what the Conservatives are proposing.

To be specific, Bill C-51 threatens our way of life by asking Canadians to choose between their security and their freedoms. It asks Canadians to choose, but the Conservatives do not actually ask Canadians; they simply put this bill forward, apply closure, and send it through committee in very little time. That is what will happen.

A bill like this should take time. We should be at it for months, maybe a year, getting the bill right. We do not have any rush. After Air India, we did not change anything for many years. We did not have significant problems. We are not having significant problems today.

Bill C-51 was not developed in consultation with other parties. That is very much the case. This thing was brought up in a very big rush after October 2014, as we heard commentators from the Conservatives Party say here today.

The bill irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight. Actually, there is no oversight; there is review, and we need to keep those separate. There is the Security Intelligence Review Committee, which is not an oversight committee but a review committee that looks at things the agency has done long after it is finished. Oversight says more immediacy. The Conservatives say that a judge will do that, but only if CSIS takes it to a judge. In many cases, they may not.

I want to talk about threat disruption, which is an interesting subject. When we think of groups that may be formed to do something the government opposes, like environmental action, CSIS might say, “Then if they might do something unlawful in the future, perhaps we should get involved right now to deal with threat disruption. Maybe we should put a CSIS member into that organization. Maybe we should undermine the organization first before it becomes a problem”. That would fit under the law. That is called threat disruption. If we disrupt something before the unlawful action is taken, how can anyone prove there was unlawful action? This works both ways. We can disrupt people now because we think in the future they may do something wrong.

The bill does not provide anything to make our society work better. The bill does not do anything to build communities, to build understanding—absolutely nothing. It is all secretive. It is all behind the scenes. There is nothing here that says we have a job to do in our society to bring people together.

When we look at the promotion of terrorism, how can we judge that? How can we judge the promotion of terrorism? What is incitement to terrorism? Is it someone saying that their son or daughter has been injured, that they are angry about it and that they do not like what the government has done. Is that incitement to terrorism? What is being suggested in this?

Quite obviously the government has made the bill so large that it simply cannot answer those questions today. How will we answer them in the future? It will only be through the actions of what happens here. If we have oversight by parliamentarians, we may have a chance to control some of the bill going forward. If we do not, then we will rely on non-elected individuals to determine what the bill does, and that is simply wrong.

Why do we not deal with this in a better fashion than what the government has proposed to do? Why did we go in this direction? The party of one is responsible for this. The Prime Minister would not come into Parliament and stand to speak to the bill. He chose to do it somewhere where he did not have anyone to criticize him, to ask him questions. Why would someone make such a large effort to promote the bill without that type of commentary in the House? I really find that wrong-headed, but it is more the style of this Prime Minister, the party of one.

Clearly, we oppose the bill. We will continue to oppose the bill because it is not done right. It will not protect Canadians. It will affect their rights in the future. We do not understand exactly how it will affect their rights, but it will do that without the proper oversight of parliamentarians.

[Bryan Hayes, Conservative, Sault Ste. Marie, ON]

Mr. Speaker, I am pleased to rise in the House today to discuss Bill C-51, anti-terrorism act, 2015.

This is important legislation that was developed with much consultation. In the wake of the horrific terrorist attacks this past October, our Conservative government, led by the Prime Minister, the Minister of Public Safety, and the Minister of Justice, consulted with Canadians from coast to coast while they were developing the legislation before us today.

We saw the results of those consultations when statistics come out last week: four out of every five Canadians fully support this legislation. That is because they know that the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because they hate our society and the values it represents.

That is why our government has put forward these measures that protect Canadians against the 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, and is instead joining our allies and supporting the international coalition in the fight against ISIL. In line with measures taken by our allies, these new measures will specifically ensure that our law enforcement and national securities agencies of Canada counter those who would advocate terrorism, prevent terrorist travel and the efforts of those who seek to use Canada as a recruiting ground, and disrupt planned attacks on Canadian soil.

I reject the argument that every time we talk about security our freedoms are threatened. Canadians understand that their freedom and security go hand in hand. Canadians expect us to protect both, and there are protections in this legislation to do exactly that.

It is currently not a criminal offence to advocate or promote terrorism. The ability to arrest someone who in general terms is advocating or promoting the activity of terrorism does not exist. The threshold for arrest under the Criminal Code is specific to someone who knowingly instructs, directly or indirectly, any persons to carry out terrorist activity.

The anti-terrorism act, 2015, makes it an offence to advocate or promote terrorism in broader terms, a measure that is supported by 90% of Canadians, according to a survey done by the Angus Reid Institute. The fundamental fact is that our police and national security agencies are working to protect our rights and our freedoms, and it is jihadi terrorists who endanger our security and would take away our freedoms.

CSIS currently does not have the legal mandate to take action to disrupt threats to Canada in order to keep Canadians safe. When the CSIS Act was originally developed, Soviet espionage was the greatest threat to our national security. Today, violent jihadists are the greatest threats to Canada and Canadians, and the threat continues to evolve. It is imperative that we provide our national security agencies with the tools they require to face this evolving global threat.

Let us look at a case study. A terrorist entity puts up a terrorist-promoting propaganda video on YouTube, which concludes with the words “Attack Canada” on the screen. No description of the kind of attacks to be carried out is given. Under the current law, counselling the commission of a terrorism offence is criminal, whether the attack is carried out or not. However, the counselling must relate to committing a specific terrorist offence, for example, counselling someone to kill someone for a political, religious, or ideological purpose.

In the case study, there is insufficient detail to allow one to conclude that the person was counselling to do a specific terrorism offence in the Criminal Code to kill someone, as opposed to disrupting an essential service. Under the new anti-terrorism act, posting such a video, with its call to carry out attacks in Canada in general, which is a form of active encouragement, would now be caught by the criminal law.

With respect to oversight, I think third-party, non-partisan, independent expert oversight of our national security agencies is a better model than political intervention in the process. Furthermore, the key powers of the new legislation are subject to judicial review and authorization. In fact, any activity that infringes on a person's privacy or charter rights would require a warrant, such as entering a person's home to remove their passport, or tampering with a possible chemical weapon to render it harmless.

I would like to acknowledge the concerns raised by the Liberals and the NDP regarding resources for national security agencies.

Our Conservative government has already increased the resources available to our national security agencies by one third. The Liberals and the NDP voted against these increases each step of the way. Seven times our Conservative government brought forward proposals for more funds for these agencies, and seven times the NDP and the Liberals voted against these measures.

Despite the Liberals' and the NDP's votes against these increases, our government will continue to ensure that our national security agencies have the resources they need to keep Canadians safe.

I mentioned earlier in my comments that Canadians had expressed strong support for the legislation. I would like to take this time to discuss what some prominent Canadians think about the legislation before us today.

CSIS director, Michel Coulombe, said:

Last fall, two terrorist attacks took place in Canada, the first one in Saint-Jean-sur-Richelieu and the second in downtown Ottawa. Since then, the threat has accelerated as extremist groups call for additional attacks on Canada.

[...] CSIS welcomes the introduction of legislation to better enable the government to safeguard the nation's security interests. The new legislation will help CSIS protect Canadian lives from a terrorist threat unprecedented in our country's history.

What is more, Bob Paulson, the Commissioner of the RCMP said, “The recent terrorist attacks on Canada and against our allies have shown us that the threat can materialize rapidly and that we cannot be complacent when it comes to terrorism. The proposed legislation would provide the RCMP with new tools to carry out its national security criminal investigations and, ultimately, to keep Canadians safe”.

Members opposite may say it is a certainty that the national security agencies whose powers would be enhanced would be supportive. They may say that they are interested in a view from the academics.

Queen's University professor, Christian Leuprecht, said:

There's a balance to be struck here between civil liberties and between protecting individual, public, and community safety [...] I think the government is trying very hard to strike a fine line and find a middle ground....

The opposition may say that none of that which I have cited speaks to oversight.

To that, I would answer with comments from Ron Atkey, the first chairman of the Security Intelligence Review Committee. He said:

Some of the instant critics [...] have missed the mark in decrying lack of oversight. [...]

But regarding new powers of terrorism disruption to be given to CSIS, oversight is alive and well.

I would also like to cite S.A. McCartan, a criminal prosecutor, in Ontario. He said:

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.

Last, I would like to quote two esteemed members of Canada's Jewish community.

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

We welcome this legislation which enhances the capacity of authorities to address a growing threat in our society. We are supportive of the Government of Canada's efforts to respond to the terrorist threat in as comprehensive and forceful a way as possible.

Avi Benlolo, of the Friends of Simon Wiesenthal Center, said:

It is especially significant that this new legislation will enable the removal of websites promoting jihad and related materials on the Internet. Jewish communities are a favourite target of jihadis, and the provisions of this bill will do a great deal to help ensure the safety and security of all Canadians as we continue to fight this threat to western democracies [...]

As I said earlier, 82% of Canadians support the legislation.

I am proud to be part of a government that is standing up for the wishes of Canadians, as well as delivering important measures to keep them safe.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I rise to join in this critical debate on Bill C-51 as we, like parliamentarians around the world, continue to seek ways of safeguarding our country's security in the face of terrorism, while securing also our rights and freedoms, as we have been grappling with for so many years.

Indeed, after the attacks of September 11, 2001, it was said then that the whole world had changed. Anti-terrorism law and policy became principle and priority not only for our government but for governments everywhere. It was, in fact, mandated by the UN Security Council Resolution 1377, adopted in the months following 9/11, which called upon states to unequivocally condemn “all acts, methods and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed”.

I must state, parenthetically for reasons of time but not unimportantly, that the notion of a parliamentary debate when time allocation has been imposed on this comprehensive and crucial legislation is, to put it mildly, a misnomer.

First, Bill C-51 is not simply one act. It is omnibus anti-terrorist legislation composed of five different acts. It is not just one bill but five bills bundled together into one omnibus legislation of compelling character. Each bill, whether it deals with cross-government information sharing and coordination and enhanced powers for that purpose; or the securing of air travel, or Criminal Code amendments, including lowering thresholds for terrorism-related peace bonds; or expanded powers of detention; or a new offence of knowingly advocating or promoting terrorism or being reckless in that advocacy; or legislation to expand the powers of CSIS, what is referred as “threat disruption activities”; all impact on national security agencies and on those national security powers. There is also, which has almost not been discussed at all, amending the security certificate procedural regime for government appeals of court ordered disclosures.

Underpinning all of this, and tucked away in the information sharing act and provisions, but only there, is an effective reframing of a terrorist threat as a threat to national security, a selective redoing not only of our anti-terrorism law but our national security law, and where a terrorist threat is conflated with a national security threat, which can include also threats to economic and fiscal stability or a threat to the infrastructure and the like. In other words, it is a reframing that is being carried out without the necessary debate on this crucial legislation.

Admittedly, over a decade after 9/11, the world may well have changed again, and we must continue to ensure that the enhanced powers are to be found in our law and vested in our national security agency for purposes of protecting Canadians from terrorist threats with the tools needed to counter those threats. However, what has not changed are the fundamental principles that must underpin our approach to combatting terrorism.

I outlined those principles when I appeared both before the House and Senate justice and public safety committees respectively as minister of justice a decade ago, and I will recall them now in the context of this present parliamentary debate on a new bill, Bill C-51, but reflecting and representing a long-standing global challenge.

Let me summarize the foundational principles.

The first fundamental principle is that there is no inherent contradiction between the protection of our security and the protection of human rights. As I wrote in the wake of October's assault on our parliamentary precinct and of the murders of Corporal Nathan Cirillo and Warrant Officer Patrice Vincent, while we often hear about the need to strike a balance between protecting Canadians from attack and protecting individual freedoms, we must remember that these are not mutually exclusive objectives or opposite ends of the spectrum, but rather an appropriate and effective strategy that must view security and rights, not as concepts in conflict, but as values that are inextricably linked.

In other words, terrorism constitutes an assault on the security of our democracy and an assault on our fundamental rights to life, liberty, and security of the person. In this sense, therefore, anti-terrorism law and policy are intended to protect the security of a democracy like Canada and to protect our fundamental rights to life, liberty, and security of the person.

However, the reverse is also true and must be read together as part of this foundational principle, namely, that anti-terrorism law and policy must always adhere to the rule of law and must always comport to the Charter of Rights and Freedoms. Torture must, everywhere and always, be prohibited. Minorities must never be singled out for differential or discriminatory treatment. Also, as we emphasized 10 years ago when tabling legislation to that effect and as I emphasize again, such anti-terrorism law and policy must also be subject to a comprehensive oversight review and accountability mechanisms.

This leads me to the next principle, which might be called the “contextual principle”. By this, I refer to the approach taken by the Supreme Court, according to which charter rights and any limits imposed on them must be analyzed not in the abstract but in the factual context that gives rise to them. As such, the debate we are having today must be anchored in the reality of the increasingly lethal, if not barbaric, and international nature of terrorism; the proliferation of transnational terrorist entities that invoke Islam at the same time as they subvert it for their purpose; the increasing potential for cyberterrorism; the sophistication of transnational communications, transportation, and financial networks, including the explosive use of social media, which ISIS alone is said to be using 100,000 times a day; the increasing radicalization of those exposed, for example, to these social media, including our Canadian youth; and the potential for what in our recent experiences have been characterized as “lone-wolf terrorists”.

This brings me to the third principle. The third principle is that the threat posed by terrorism, which is increasingly transnational in character, must be part of a global response. Indeed, previous Canadian anti-terrorist measures have implemented international conventions and undertakings mandated by the UN Security Council, which I referred to earlier, and we must continue, therefore, not only to mobilize our domestic legal arsenal against terrorism but also to participate in strengthening international mechanisms to confront this international threat.

Let there be no mistake about it: when we deal with such terrorists, we are dealing with Nuremberg crimes and Nuremberg criminals, with hostis humani generis, with enemies of humankind. Our domestic criminal-law, due-process model standing alone is insufficient. It must be joined with the overall international legal arsenal, and much of our anti-terrorism law and policies in fact must be anchored in the 14 anti-terrorism international treaties for that purpose.

The fourth principle flows from the third one. It is that nonetheless there still is a need for due-process safeguards in the application and implementation of our domestic criminal law. This remains of vital importance and must be included in any foundational underpinnings for this and other anti-terrorism legislation.

The fifth principle is that of proportionality. As the Supreme Court has ruled, there must be a proportionality between the effects of the measures for limiting charter or other rights under this legislation and the objective that has been identified as sufficient importance.

There can be no doubt that the threat of transnational terrorism comports with the first requirement of a proportionality test, namely, that there be a substantial and compelling objective for the limitation of charter and other rights. However, we must still ensure that the measures we enact respect this principle in other ways: they must be tailored specifically to their objective and not be over-broad or vague; they must intrude as little as possible upon our charter rights and other rights, and not undercut any of them; and their impact on civil liberties must not outweigh their remedial character.

This leads me to the sixth principle. We must consider and learn from anti-terrorism measures proposed and enacted in other jurisdictions similar to our own, and indeed from our own previous experiences in this regard. All free and democratic societies are grappling with the same issues we are grappling with today, and their efforts to remain both secure and free must be considered as part of our deliberations.

The seventh principle is the need for counterterrorism measures to focus on prevention. Admittedly, we must seek to disable and dismantle terrorist networks and disrupt terrorist plots before they result in injury and death, and that accounts for the enhanced approach to giving increased power to CSIS. However, it also means that those powers that are invested in CSIS must obey principles of proportionality. It also means intervening to prevent or undo radicalization and supporting local and community initiatives in this regard.

To conclude, we must emphasize the importance of oversight, of an accountability mechanism, and of a parliamentary review mechanism, all of which are missing in the present legislation.

The House resumed consideration of the motion 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, be read the second time and referred to a committee, and of the amendment.

The Environment

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, U.S. President Barack Obama recently commented that the climate crisis is a bigger threat to security than terrorism, whereas here in Canada, the RCMP has put forward a report that characterizes people working for progress on the climate crisis as anti-petroleum ideologues. It reflects a real lack of understanding of the science.

This is very worrying, particularly in light of the measures proposed in Bill C-51. To the Minister of Public Safety and Emergency Preparedness, what measures will he take to educate the RCMP as to the real threat of climate change so that it understands the science and understands that the threat is not the people who want to get us off of fossil fuels but the people who pander to the oil industry?

Public Safety

[Steven Blaney, Conservative, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, our balanced bill includes measures to prevent radicalization, in particular by allowing intelligence officers to reduce the threat by, for example, visiting the parents of a child who could fall prey to radicalization and shutting down websites that spread jihadist propaganda.

These are concrete examples from Bill C-51, a bill that is necessary and that has been well received. It is very important for parliamentarians to send it to committee so that it can be fully debated. This evening we will have the opportunity to vote for Bill C-51 in order to protect Canadians.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, the Conservatives should have consulted experts before introducing Bill C-51.

Canadians expect the government to defend our freedoms and values while keeping us safe. However, Bill C-51 completely misses the mark. The Conservatives are asking the RCMP to neglect some aspects of our security and are flatly refusing to use proven methods for combatting radicalization.

Why are the Conservatives so insistent on doing something that clearly does not work?

[Steven Blaney, Conservative, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, at a time when we are facing a terrorist threat from jihadist extremists who are targeting Canada, it is completely irresponsible to want to just sit back and do nothing.

Today, members will have an opportunity to rise and support protecting Canada against terrorism by voting for Bill C-51. This balanced bill has five measures. We can debate them in committee with experts and representatives and study the bill clause by clause. The responsible thing to do today is to support it and take action to protect Canadians.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, we all agree public safety is important, but it must never be used as an excuse for dividing Canadians.

There is growing criticism that Bill C-51 goes too far. First nations in particular are sounding the alarm about how the bill would impact them. Grand Chief Terrance Nelson spoke out, saying, “Treaty rights, land rights, natural resource development, any protest like that, they could be considered eco terrorists”.

Does the government not understand that the bill is not just about terrorism? Is it really blind to the fact it can also target legitimate dissent and take away fundamental rights of Canadians?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, from the day the Prime Minister announced Bill C-51 in a campaign-style event, this has been about politics and not about protecting Canadians.

Bill C-51 is a 62-page omnibus bill that amends no fewer than 13 acts, and despite ministers not being clear and sometimes even contradicting each other on the bill, the Conservatives still want to force it through after only a few hours of debate.

If the government is so confident about the bill, why is it ramming it through to avoid debate? Why is it trying to keep it away from public scrutiny?