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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to pick up on the importance of the committee stage.

During the minority governments, the Conservatives were much more sympathetic to amendments. In previous majority governments, whether it was the Paul Martin or Jean Chrétien government, there was a great deal of respect for opposition members bringing forward amendments, and many amendments were passed. Since we have had a majority Conservative government, the Prime Minister's Office seems to say no to amendments, unless they are Conservative amendments.

Canadians as a whole support the need to improve this legislation. One of the most significant ways we can improve it is to have a parliamentary oversight committee established. I made reference to this earlier. It would protect the individual rights and freedoms.

Does the member believe, given the importance of the legislation, that the government will, at the very least, not only entertain but allow for some of these opposition amendments to see the light of day and, ultimately, be incorporated into the legislation, thereby giving Canadians stronger anti-terrorism legislation?

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

Mr. Speaker, one of the things they keep coming back to is the whole aspect of oversight, making it sound like there is absolutely no oversight whatsoever over CSIS. That is a complete fallacy. In fact, I have a quote here from Ron Atkey, the first chair of SIRC. He said:

Some of the instant critics...have missed the mark in decrying lack of oversight...regarding new powers of terrorism disruption to be given to CSIS, oversight is alive and well.

We believe that very strongly.

It is very interesting. We hear members from both parties across the way talking about the lack of funding and opportunities. As a government, we have increased funding to national security agencies in our country by a third, yet seven times the Liberals and NDP have voted against that increased funding. Then they stand in the House and decry the fact that there is not enough funding for these agencies.

They have to decide one way or the other whether they want the funding or do not want the funding, but please be consistent.

[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.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, many of my NDP colleagues have raised serious and grave concerns, but I think that Canadians who are watching the debate do have to understand that SIRC has not been devoid of partisan influence. I would like the hon. member to speak to that.

The head of SIRC was a Conservative bagman who is now in jail in Panama. How does the member stand up in the House and talk about these oversight agencies as being non-partisan when they in fact have been?

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I am sure that all members of SIRC have some kind of political affiliation of one sort or another. To suggest anything other would be somewhat naive, but SIRC is an independent, non-partisan body that provides oversight of CSIS.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to go back to the issue of the need for amendments to the legislation.

Both the New Democrats and the Liberals have now clearly indicated that they would not scrap the legislation if they were provided the privilege of forming government in this country. The issue is that both parties, if they were in that position, would bring forward amendments to what we currently have.

I wonder if the member would not recognize the value of having those amendments passed today, as opposed to having to wait. Why not improve the legislation, because not only do both opposition parties in the House want parliamentary oversight, for example, but also a majority of Canadians for their rights, freedoms, and so forth to be protected.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, oversight is an important question that I think we have addressed, in that any measures in the new act would certainly be subject to oversight from a judicial perspective and would require judicial approval before any warrants were issued.

With regard to amendments, this debate is for the purpose of a vote at second reading and the bill would go to committee, which will do a very robust review of it. I am sure that we will have very lively debate there and hear all kinds of opinions. If there is something that comes forward during that debate, we will gladly consider it.

I am delighted to hear that we have the support of both opposition parties, and perhaps they will ensure that the bill finds a speedy way through the process.

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

Mr. Speaker, I would like to draw the attention of members to the distinction between lawful protests and those many forms of respectable, non-violent civil disobedience, often heralded after unfair laws are removed, such as when Rosa Parks sat down in the whites only section of a bus. This law would restrict the protections of lawful protests against these things

According to Professors Roach and Forcese, who analyzed the bill, even the violation of a municipal bylaw could put someone outside the scope of lawful protest. So we need amendments for clarity.

I have now asked the Minister of Justice, the Minister of Public Safety, and the Prime Minister to clarify whether non-violent civil disobedience will be exempt from the act, and every time I get a response that is non-responsive, that ignores the reality that on occasion non-violent civil disobedience is an appropriate form of protest.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, when drafting the bill, our legislators and ministers anticipated exactly that question. That is why I will again refer to the bill and read it verbatim: “For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression”.

The question was anticipated. It has been dealt with. I do not know how much clearer it can be.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I am pleased to join the debate on Bill C-51 today.

Canadians are well aware of the harm that terrorism can cause and the fear that it can bring. The overarching aim of terrorist activity is to instill fear and to divide us from one another and weaken our society. An important duty of Canadians, therefore, is to be vigilant against this divisiveness, as we will always be stronger when we are working together and united against acts of intimidation.

In recent decades, particularly since the 2001 terrorist attacks in the United States, the global security landscape has undergone massive changes, in part due to the evolution of the Internet and electronic technologies. An important responsibility that falls on the government and parliamentarians is to improve our security system and framework so as to meet the challenges of our times in a manner that upholds our most cherished democratic values and principles. The Liberal Party and most Canadians recognize that our laws must adapt to reflect the changing global security landscape, and Bill C-51, the government's anti-terrorism act, takes some productive steps to meet our collective security needs.

One measure that this bill would put in place is to lower the evidentiary threshold for detaining a suspected terrorist. In fact, had it been in place six months ago, this measure might have prevented the tragic death of Quebec CAF member Patrice Vincent. His murderer was under surveillance and that person's passport had been revoked in June of last year, but due to the lack of concrete evidence, he remained free.

The bill also would serve to put certain important programs, such as Canada's no-fly list, on a firmer legal foundation. Better coordination of information sharing among Canada's many security departments and agencies is also a positive aspect.

However, there are deficiencies in this bill, many of which have been pointed out to me by constituents of Vancouver Quadra, and the Liberals have written amendments to address those weaknesses.

The bill does not include the critical accountability that is provided by review and oversight mechanisms to ensure proper checks and balances on information sharing. This is in fact one of the overarching areas for improvement to this legislation that should be articulated through debate and expert testimony at committee, and there should be fair consideration of amendments. A bill of this importance deserves a proper, thorough, and non-partisan process.

Bill C-51 is inadequate in other areas, particularly with regard to the far-reaching and vaguely articulated definition of “national security” in terms of the lack of a sunset clause to provide Parliament with an opportunity to quickly review and correct any negative consequences of the bill.

Finally, there should be a much more robust commitment to preventing the radicalization of Canadian young people in the first place by funding and working with their families and communities to that end and by strengthening our social safety net regarding mental illness.

I would like to talk more about the need for greater oversight and review.

As many members know, last year I put forward my private member's bill, Bill C-622, the CSEC accountability and transparency act. This bill proposed to modernize the framework for accountability and transparency for Canada's signals intelligence agency, the Communications Security Establishment Canada. It would have brought the 14-year-old laws governing this agency up to date to account for advances in Internet and communications technologies and it would have strengthened the mandate of the CSE commissioner. Furthermore, Bill C-622 would have assigned a committee of parliamentarians with security clearance the responsibility to review and report on all of the intelligence and national security activities of our government, the very oversight that is being called for right across Canada by experts and non-experts alike.

Despite widespread support from security, defence, and privacy experts and from opposition MPs, my bill unfortunately did not receive support from the government and was therefore defeated.

To put a need for this kind of parliamentary oversight and review mechanism into perspective, Ottawa-based journalist John Ivison has correctly pointed out that “Canada is the only country among our close allies that lacks a dedicated parliamentary committee with substantial powers of review over matters of national security and intelligence.”

He is right, and we should have one. Just as our security laws must be improved to meet the challenges of today, so too must Canada's framework for transparency and privacy protection evolve in order to cope with fast-paced, changing technology.

As journalist Glenn Greenwald noted in the Oscar-winning—as of last night—documentary, “When the decisions that rule us are taken in secret, we lose the power to control and govern ourselves.”

That is not what Canadians want. The federal Privacy Commissioner and all our provincial privacy commissioners stated in a recent communique:

Canadians both expect and are entitled to equal protection for their privacy and access rights and for their security. We must uphold these fundamental rights that lie at the heart of Canada's democracy.

What do our partners south of the border think about these things? One example is the United States Department of Homeland Security, in which this understanding of that balance is explicit. The department “embeds and enforces privacy protections and transparency” in all of its systems, programs, and activities, according to its privacy commissioner, who oversees a staff of 40 people in that department alone. In a recent speech, Homeland Security's deputy secretary Mayorkas confirmed that not only is this integral to the DHS mission and crucial to maintaining public trust, but it has also resulted in Homeland Security becoming a stronger and more effective department.

If the government adopts the Liberal Party's reasonable amendments to create this balance, we can move beyond the dichotomized debate that pits security against Canadians' freedom and liberty.

As it stands, Bill C-51 would give CSIS broad powers to disrupt not only real or perceived terrorist threats but also threats that might undermine the economic or financial stability of Canada. This is too broad. It is just not necessary for guarding against any legitimate risks and threats from terrorists. It could also be very harmful in further chilling important rights for citizens to have a voice and for the rights for civil society groups that disagree with government policies in a peaceful way. The Liberal Party will be proposing amendments to rein in and better define the vague and far-reaching new powers that would be granted to CSIS in the bill.

To assess Bill C-51's effectiveness in keeping Canadians safe and ensuring our freedoms and values are respected, a future Liberal government will require a review of the entire bill in three years to ensure any aspects that are unaccountable or harmful are quickly identified and fixed.

In addition to granting CSIS greater powers, let us acknowledge that preventing individuals from becoming radicalized and falling into violent extremism in the first place is important and is an effective second track toward reducing these incidences and the terrible harm they create. Let us not forget that several of the recent actual and planned terrorist attacks involved young men who were suffering from mental illness and addiction and turned to violence. Canadians experienced a deep sorrow on behalf of the victims and their families.

This situation is the reason the government must allocate more resources and be a partner. The government must consult with a variety of stakeholders from police to social agencies and from families to religious leaders and collaborate in developing community-based strategies to prevent radicalization at the outset and to improve support for those suffering from mental illness and addiction. That is a commitment that the Liberal Party has made and will bring into our platform.

Currently, through the work of local and provincial governments, community and religious leaders, and friends and family members of the disaffected youth, there are a number of innovative models for supporting youth at risk and lending them support and guidance. However, more funding and more focus on this aspect are needed. A Liberal government would provide them.

As an aside, I want to mention that supporting mental illness would have a great deal of benefit to society, aside from reducing terrorist risks. Let us not forget that over 3,000 men commit suicide every year. Many of them are in their 20s, and most of them are under the age of 45. The grief and sorrow caused to their families and to our society could be significantly reduced with a greater emphasis on the second track, the track of prevention and support for those with mental illness challenges.

In 2001, in response to the September 11 attacks, the Liberal government introduced a number of anti-terrorism measures. We understood then, as we do today, that sometimes quick action is needed. We did, however, make sure there were full hearings. Amendments were made. We heard from the public. We heard from Parliament in committees. We also built in a sunset clause so that the bill could be corrected and be great legislation.

We believe that is possible. The Conservative government has the choice to take that path rather than the path of unilaterally charging ahead. We invite the Conservatives to take our amendments seriously. If not, we will be campaigning on them. If elected, we will be sure that they are put into effect in order to respect our most deeply prized democratic values.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, my colleague mentioned in her speech the need for oversight. I am wondering if the member would comment on clause 42 of the bill, which clearly spells out that CSIS shall not undertake any measures to reduce the threat to the security of Canada that can contravene the rights guaranteed by the Canadian Charter of Rights and Freedoms.

If CSIS is going to take any action, a warrant is required. When a warrant application is made, eight conditions have to be put forward to satisfy a justice. The judge then needs to agree that those conditions exist. The judge then needs to authorize that warrant and authorize a number of conditions around that warrant to intervene in any activity that could jeopardize the security of Canada.

Furthermore, the bill expressly states that even after a warrant is authorized, the Security Intelligence Service would have to deem the conditions to still exist before the warrant could be executed. Regardless of whether the warrant is issued by a judge, before the warrant could be executed, the security service would still have to assess whether or not those conditions still prevail. If they do not, CSIS is accountable under this legislation.

Does the member not see that stringent condition as reasonable oversight, and that judges can properly determine the validity of an application made by CSIS?

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, my hon. colleague across the way is mistaking intention for oversight. That may be in the law, but who knows if that would actually play out? That is what oversight is all about. Do we simply provide the criteria and the conditions and let the security agency go forth and conduct operations? Do we never need to know or understand whether all of the conditions were satisfied? That is the point of oversight.

The report of the Maher Arar commission made it clear that even though there were rules, they were not being properly applied.

Oversight does not look at just one particular piece of evidentiary decision-making. It also looks at how intelligence and security are being managed across all of the agencies. Are there gaps that could be filled to be more effective? Are there duplications? Are there ways in which privacy is not being respected, regardless of the law? That is the point of oversight, and that is why all of our allies have such a structure.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I thank my colleague for her very powerful presentation. I wonder if she shares our concern about the new power to disrupt that this legislation would bring in, which would transform an intelligence service into a law enforcement agency, contrary to the McDonald commission of inquiry after which CSIS itself was created.

Does she share our concern that the warrant that would be given to allow disruptive activities could override the charter and other Canadian laws in many circumstances? It seems to me an extraordinary change in our rule of law system. I would be interested in knowing if my colleague shares those concerns.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, the Liberal Party believes that it is important to update the law to increase Canadians' security, because times have changed. We are concerned about overly broad powers, and that is why we are going to bring forward a number of amendments. We invite the Conservative Party and the minister to understand how our amendments would make this a much more effective bill. It would bring in protections against overuse of security measures. Right now, there are some unclearly undefined edges that need to be fixed.

Why would the government want to go forward with a poor bill when, with some reasonable and focused amendments, it could go forward with a good bill?

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I am pleased today to join the debate on Bill C-51, anti-terrorism act, 2015.

Today's world is a dark and dangerous place. We find existential threats to western civilization all around us. We saw the manifestation of these threats in Saint-Jean-sur-Richelieu and in Ottawa this past October.

However, Canada is not in isolation. Terrorists have struck the hearts of Paris, Sydney, Copenhagen, and Brussels. This past weekend, jihadi terrorists called for attacks on shopping centres around the world, including the iconic West Edmonton Mall.

It is clear that jihadi terrorists have declared war on Canada and her allies. This war is not only against our physical existence and our people, but also our values. These terrorists hate us for the very reason that Canada is the greatest country in which to live, work, and raise a family. They dislike our equality; they dislike our modernity; and they dislike our prosperity.

However, Canada will not be intimidated by threats from any terrorist organization, which is why we are not sitting on the sidelines. Instead, we are joining our allies in supporting the international coalition in a fight against ISIL.

Our national security and law enforcement agencies are continually monitoring for threats against Canada and its citizens and will take the appropriate actions to ensure the safety of all Canadians. Terrorist threats such as these demonstrate why our Conservative government is committed to passing the anti-terrorist act, 2015, to further protect Canadians against jihadi terrorists who seek to destroy Canada.

In line with measures taken by our allies, we are taking additional action to ensure that our 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 bill would also 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.

Recent events in Canada and around the world remind us that we live in a dangerous world where terrorists target anyone who does not think like them. That is why our Conservative government is intent on giving law enforcement agencies the tools they need in order to counter these threats.

Much has been said by the NDP about the new Criminal Code offence in the legislation of promoting terrorism. It has suggested simultaneously that this power would be overly broad and would not accomplish anything. How it performs these verbal gymnastics is a matter for another day.

However, allow me to say that on this side of the House we believe that jihadi terrorism is an act of war and not a human right.

Allow me to give an example of how this power would work in practice.

Let us say that a terrorist entity puts on YouTube a terrorist propaganda video that concludes with the words “Attack Canada” on the screen, and, through investigation, an individual in Toronto has been identified as the person posting the video. There is no description of the kinds of attacks to be carried out.

Under the current law, counselling the commission of a terrorist offence is criminal, whether the attack is carried out or not. However, the counselling must relate to committing a specific terrorism offence, for example, counselling someone to kill someone for a political, religious, or ideological purpose. That would be the terrorist offence of committing an indictable offence that constitutes a terrorist activity.

In this scenario, there is insufficient detail in the video to allow one to conclude that the person is counselling a specific terrorist offence under the Criminal Code to kill someone, as opposed to disrupting an essential service. Under the new powers in the anti-terrorism act, 2015, 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.

Further, the NDP has also alleged that there are insufficient grounds to justify broadening the powers of law enforcement agencies to lower the threshold for terrorism peace bonds.

Allow me to give another example of why this power is urgently needed.

Let us say that the RCMP is conducting an ongoing investigation of an individual, after being alerted by a family member that he is planning to travel to Syria to participate in terrorist training. After an initial investigation, he explains that his wish is only to visit a dying relative. The RCMP discovers social media web postings to the effect that he is planning to leave very soon for Syria, but no other information is available. He has not made any travel plans. There is not enough evidence to support a criminal charge. However, the RCMP wishes to obtain a terrorist peace bond to stop him from travelling.

Under the current law, the RCMP can seek a peace bond if there are reasonable grounds to fear that an individual will commit a terrorism offence. While the act of leaving Canada for the purpose of receiving terrorism training is a terrorism offence, he has not yet attempted to leave for Syria. The current requirement of “will” may be too high of a threshold to meet with the available evidence in this case.

With the proposed changes, the RCMP would need to satisfy the court that it has reasonable grounds to fear that the individual in question may commit a terrorism offence. Under this new lower threshold, the court would more likely find that the oral testimony of the family member and the public social media posting to be sufficient to order the terrorism peace bond. In this case, if the peace bond were granted, it is likely that the court would consider imposing conditions that the individual report to the police and not leave the jurisdiction without permission, surrender his passport, and, if available in the jurisdiction, provide for electronic monitoring and/or counselling.

These are concrete examples of what the legislation would do. It is absolutely necessary that these measures be put in place to keep Canadians safe.

While the Liberals have a checkered history, full of opposition to common-sense national security policies, like voting against combatting the so-called Islamic State, I am pleased to see that they have indicated their support for this legislation. Conversely, I would note that the NDP has stayed consistent with its soft-on-terror approach and will vote against this legislation. This is similar to its previous votes to allow convicted terrorists to keep their citizenship, and to stop travelling abroad for terrorist purposes from becoming a criminal offence.

I certainly hope that my remarks, as well as those of my colleague, will have changed a few minds on the other side of the House. All Canadians are watching in anticipation to see whether members on the other side of the House will join our Conservative government in taking responsible action to protect our national security.