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.

Bill C-51—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Bill C-51—Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I move:

That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration of the second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate of amendment.

If this motion is adopted, it will mean that there will be three days of debate on this bill, including today and Monday, and a vote with certainty on Monday evening.

[The Deputy Speaker, NDP, Joe Comartin]

Pursuant to Standing Order 67.1 there will now be a 30-minute question period. I invite all hon. members who wish to ask questions to rise in their places so the Chair has some idea of the number of members who wish to participate in this question period.

The hon. member for Esquimalt—Juan de Fuca.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I have to start off by marking another milestone for the government. This marks the 88th time the government has moved time allocation or closure to limit debate in the House. It is particularly shocking this time because we had not even finished the fourth speech. We only got through three speeches in the House of Commons before the government gave notice that it intended to limit the debate.

For me, one of the most important functions of second reading debate is to let the public know what we are dealing with in the House, to shine a light on the contents of the bills we are dealing with and allow Canadians then to contact their MPs to let them know how they feel about the bills.

We on this side have had an enormous response from the public, just after yesterday. Therefore, we would like to ensure we have the time for people from all across the country to participate in this debate, people representing all different kinds of ridings and people bringing the input from their constituents into the debate. Instead, without even finishing the fourth speech, the government has moved to limit the debate. It says that three days will be enough.

I am asking the same question I have often asked at this point. Does this mean we will also see a very severe limit on the time in committee? Is the government going to refuse to hear expert witnesses? Is it going to refuse to provide enough time for Canadians who want to have input on the bill to come to the House of Commons and provide their input?

Could we get assurance from the government, even though it is limiting the debate, that it will allow a free, open and full debate in the committee on this very important bill?

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, first, I would remind the member that the approach of our government has been to utilize time allocation as a device for scheduling debate, not as a device for limiting debate. If we were limiting debate, we would be concluding it today and having the vote on it.

That of is not our approach. In fact, the proof of that approach is the fact that the mother Parliament of Britain, which is held up as the model for us all to follow, debates all its bills in the normal course in the current Parliament for a much shorter period of time at each stage than we debate ours in this Parliament on average at every stage and in total. In fact, we spend on average about twice the time and at some stages much more than the members do in the mother Parliament. Therefore, we cannot in any way argue that there is a lack of adequate debate.

The hon. member is quite right, committee is a very valuable part of the process for consideration of a bill like this. It is an opportunity to hear from experts and an opportunity to look at the bill in detail, not simply to have tub-thumping speeches but rather that detailed examination. That is why committee is so important to the parliamentary process.

Far be it from me, however, to instruct the committee on the efforts it should put in. That is a question for the committee members themselves. They are masters of their own process.

As we all know, this is very important legislation for the people of Canada and their national security.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I can hardly believe the words I just heard from the government House leader. Committees at one time were masters of their own destiny, and they should do a detailed process. However, you know as well as I, Mr. Speaker, how parliamentary committees work now. The parliamentary secretary sits to the right of the chair and the Conservative backbench members sit along the line. However, back against the wall is a representative, as Mike Duffy called them, “The boys in short pants”. I expect there are boys and girls, but they sit against the wall and the parliamentary secretary takes their direction from those from the Prime Minister's Office. The members say “yea”, and that is what they follow. Also, they do not allow amendments. That is not how Parliament is supposed to work.

Would the House leader give us some assurance? The Conservatives are going to limit debate here, will he at least give us some assurance that the committee will actually hold robust hearings? The government could direct the committee. We know it does. There are dozens of people who want to come before the committee. They have concerns. Would he at least give us that assurance?

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, my friend need only consult the actual debates in the mother Parliament in Britain and compare those with our debates here. He will see that what I have said is indeed true. Our debates at every stage of the bills we do in our Parliament, on average, extend much longer than the debates the members have in the mother House in Britain.

Our track record on having ample and significant debate here is demonstrated. The facts are very real. I invite him to inquire into that.

One thing I will not do is take up his invitation to extend beyond what I think is my proper role as House leader and give direction and dictates to a committee on how it conducts its business.

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

Mr. Speaker, I am pleased to rise to speak out against this measure. We unfortunately have a tendency to repeat our mistakes here in Canada. I did some research on the debates held in October 1970 on the War Measures Act. That legislation was also passed too quickly. Its repercussions were not properly studied and, as a result, 300 people were arrested.

There was also the unfortunate tradition whereby the RCMP did it all: it was responsible for intelligence and intervention, as well as being a police force. At the time, the RCMP had denounced Tommy Douglas as a dangerous Communist, and he was not allowed to travel to the U.S. That was also when David Lewis said it might be a good idea for the RCMP to learn to speak French, in order to combat the FLQ. However, that is the kind of debate we cannot have, because time is limited.

We will not be able to weigh the legal merits of our old laws and examine our errors together, errors made by this Parliament, in order to correct them. That is why time allocation is unacceptable. It does not allow the legislative branch to judge its own work, past work and mistakes.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, this bill includes security measures that are very important in the wake of recent events in Canada, but also in other countries such as France.

The provisions of the bill would criminalize the promotion and advocacy of terrorism; counter terrorist recruitment by giving courts the authority to remove terrorist propaganda online; enhance the powers of the Canadian Security Intelligence Service to address threats to the security of Canadians, while ensuring that the courts continue to provide oversight; and provide law enforcement agencies with enhanced ability to disrupt terrorist activities and offences. These things are very important, especially at this time. We need to pass this bill for the safety of all Canadians.

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

Mr. Speaker, this is the 88th time the government has imposed time allocation on a bill. It is really a sad record for the Conservative government. When the Conservatives announced Bill C-51, they promised that we would have enough time to debate and study at length this immense bill and its very serious repercussions for Canada.

Why did the government break its promise to give us enough time to properly study and debate this bill in the House?

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I will repeat that when we adopt the approach to scheduling bills for debate, it is a scheduling approach that allows certainty for members and voting. It ensures we have more debate on bills than members have in Britain, a pretty good example of the extent of debate here. I could look to the French Assemblée Nationale and the contrast is even greater, certainly in terms of the powers that exist there.

However, we feel that this is an important priority, moving forward on legislation that will give the opportunity for us to: criminalize the promotion and advocacy of terrorism in order to protect Canadians from it; counter terrorist recruitment by giving courts the authority to remove terrorist propaganda online; enhance the powers of the Canadian Security Intelligence Service; address threats to the security of Canadians; provide law enforcement agencies with enhanced ability to disrupt terrorist offences and thereby be able to provide greater security and public safety; enhance the passenger protection program, which our air travellers rely upon, but also to use that program to prevent travellers who represent a terrorist threat from coming to our country; 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. I could go on, but these are all very important measures. .

We have seen first hand the threats that can arise to us, the threats that exist out there that have within the past year been amplified and repeatedly broadcast by those abroad, in ISIS and elsewhere, who seek to harm Canada and Canadians. They have given orders and injunctions to those who support their cause and believe in their cause. We know they do exist are out there. We have seen them actually act on that encouragement to do harm to Canadians. It has resulted in deaths right on our soil.

That is why this legislation is important. That is why we need to have these protections to keep Canadians secure. That is why the government is moving forward on this legislation.

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

Mr. Speaker, the importance of the legislation should speak to the need for us to be able to debate it and not to cut off debate.

I could not believe the disdain coming from the government House leader when he effectively said that one of his goals here was to cut off “tub-thumping” speeches. I have already spent dozens of hours reading and analyzing Bill C-51. I come from a background where I know a lot about security law. I will likely not get to speak to this bill. My constituents, and Canadians in general, will not have the benefit of the time I have spent on this and the knowledge I bring to the House in this area. That is a complete travesty and an affront to democracy.

A further affront that I see is that the government House leader is taking these questions, not the minister, who should be here to defend the bill. We all know, and we have already seen, that he does not even understand his own bill. It has been a travesty, listening to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness, whose bill this is, when it is as clear as day that they do not know their own bill. Personally, I doubt that the minister has even read the entirety of his bill.

The time has come to speak up for what the government is doing to our democracy. It is not just one more affront in one more bill, it is undermining our entire parliamentary democracy on one of the most important bills to come before the House in the three years since I have been here.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I am disappointed that if the hon. member has indeed worked as hard as he said on studying this and preparing arguments, that his own House leader has not seen fit to allow him the opportunity to speak to it. I am further disappointed that having just stood and said that he has studied the bill and has lots of questions about it, he failed to ask me a single question about the bill.

I am a former public safety minister. I have some knowledge of the issues involved. I would be quite happy to answer them, and I am here to do so.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to echo the comments of my colleague from Toronto—Danforth. What I find incredulous is that the government would invoke a limitation on the debate of this bill that it has said is a critical bill for the safety of Canadians.

This is the point in time where we debate the fairness of the process in this place to represent our constituents across the country, yet when we raise our concerns about the time allocated to debate the very bill, the government House leader uses the opportunity to start talking about the substance of the bill. If he believes so strongly that we should have the opportunity to debate the substance of the bill, why is he putting time limitation on the debate and limiting our opportunity to debate the bill?

I have to share that it is important for Canadians to understand the ambit and extent of these measures that the government has proposed in the bill, and why it is so important that we have the time to debate and discuss the ramifications of the bill in this place and at committee. Frankly, it is my personal opinion that this bill should go across the country so people in every small community understand what they are about to face.

I am saying this because of a situation that occurred in my province of Alberta, when there was a proposal before a utility board to build an electrical transmission line. I was working with farmers who were deeply concerned because they had already put up with a lot of impacts on their farm land, and there was going to be yet another major transmission line to export electricity. During our telephone calls, it was discovered that the utility board had spied on those calls. The end result of that revelation was that the whole agency was shut down.

We are not just talking about extreme terrorists. We are talking about intrusions on the right of ordinary Canadians in their community, protecting their property rights, which is supposed to be a concern of the government, to have the right to come forward and state their objections.

I am very deeply troubled that the government is trying to reduce debate on this significant bill.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, with the greatest respect, the example raised has nothing to do with the content of the bill or the agency involved, the Canadian Security Intelligence Service.

The Canadian Security Intelligence Service is given powers to deal with threats to the security of Canada. Those are enumerated in the Canadian Security Intelligence Service Act. However, it should also be understood by all of those who are in the House and those watching at home that they explicitly, according to the statute, do not include lawful advocacy, protest or dissent.

One knows that those protections are there. There are some on the other side who have problems with that wording, but we think it is wording that properly circumscribes and identifies the powers of the Canadian Security Intelligence Service so lawful dissents and protests are protected.