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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.
Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.
Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.
It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.
Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,
(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 6, 2015 Passed That the Bill be now read a third time and do pass.
May 6, 2015 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) provides the Canadian Security Intelligence Service with a sweeping new mandate without equally increasing oversight, despite concerns raised by almost every witness who testified before the Standing Committee on Public Safety and National Security, as well as concerns raised by former Liberal prime ministers, ministers of justice and solicitors general; ( c) does not include the type of concrete, effective measures that have been proven to work, such as providing support to communities that are struggling to counter radicalization; ( d) was not adequately studied by the Standing Committee on Public Safety and National Security, which did not allow the Privacy Commissioner of Canada to appear as a witness, or schedule enough meetings to hear from many other Canadians who requested to appear; ( e) was not fully debated in the House of Commons, where discussion was curtailed by time allocation; ( f) was condemned by legal experts, civil liberties advocates, privacy commissioners, First Nations leadership and business leaders, for the threats it poses to our rights and freedoms, and our economy; and ( g) does not include a single amendment proposed by members of the Official Opposition or the Liberal Party, despite the widespread concern about the bill and the dozens of amendments proposed by witnesses.”.
May 4, 2015 Passed That Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
May 4, 2015 Failed
April 30, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 23, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
Feb. 23, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, because it: ( a) threatens our way of life by asking Canadians to choose between their security and their freedoms; ( b) was not developed in consultation with other parties, all of whom recognize the real threat of terrorism and support effective, concrete measures to keep Canadians safe; ( c) irresponsibly provides CSIS with a sweeping new mandate without equally increasing oversight; ( d) contains definitions that are broad, vague and threaten to lump legitimate dissent together with terrorism; and ( e) does not include the type of concrete, effective measures that have been proven to work, such as working with communities on measures to counter radicalization of youth.”.
Feb. 19, 2015 Passed That, in relation to Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Public Safety and National Security Committee, on March 10, 2015

Public Safety and National Security Committee, on March 12, 2015

  • Carmen Cheung, Senior Counsel, British Columbia Civil Liberties Association
  • Joanna Kerr, Executive Director, Greenpeace Canada
  • Ron Atkey, Adjunct Professor, Osgoode Hall Law School, York University, As an Individual
  • Keith Stewart, Head, Energy Campaign, Greenpeace Canada
  • Paul Champ, Counsel, International Civil Liberties Monitoring Group
  • Barry Cooper, Professor of Political Science, University of Calgary, As an Individual
  • Chief Perry Bellegarde, National Chief, Assembly of First Nations

Public Safety and National Security Committee, on March 12, 2015

  • Marc-André O'Rourke, Executive Director, National Airlines Council of Canada
  • Kent Roach, Professor, Faculty of Law, University of Toronto, As an Individual
  • Craig Forcese, Associate Professor, Faculty of Law, University of Ottawa, As an Individual
  • Ihsaan Gardee, Executive Director, National Council of Canadian Muslims
  • Alex Neve, Secretary General, Amnesty International Canada, Amnesty International
  • Elliot Tepper, Professor, Carleton University, As an Individual

Public Safety and National Security Committee, on March 23, 2015

  • Salim Mansur, As an Individual
  • Stephen Anderson, Executive Director, OpenMedia, Protect Our Privacy Coalition
  • Sukanya Pillay, Executive Director and General Counsel, Canadian Civil Liberties Association, Protect Our Privacy Coalition
  • Garth Davies, Associate Professor, Simon Fraser University, As an Individual
  • Connie Fournier, Founder, Free Dominion, Protect Our Privacy Coalition
  • Hugh Segal, Master, Massey College, As an Individual
  • Louise Vincent, As an Individual
  • Christian Leuprecht, Associate Dean and Associate Professor, Faculty of Arts, Royal Military College of Canada, As an Individual

Public Safety and National Security Committee, on March 24, 2015

  • Pamela Palmater, Chair in Indigenous Governance, Ryerson University, Department of Politics and Public Administration, As an Individual
  • Steve Irwin, Inspector, Toronto Police Service
  • Chief Stewart Phillip, President, Union of British Columbia Indian Chiefs
  • Robert Morrison, As an Individual
  • Wesley Wark, Visiting Professor, Graduate School of Public and International Affairs, University of Ottawa, As an Individual

Public Safety and National Security Committee, on March 24, 2015

Public Safety and National Security Committee, on March 25, 2015

Public Safety and National Security Committee, on March 26, 2015

  • David Harris, Director, International Intelligence Program, INSIGNIS Strategic Research, As an Individual
  • Zarqa Nawaz, Author, As an Individual
  • Ray Boisvert, President and Chief Executive Officer, I-Sec Integrated Strategies, As an Individual
  • Ziyaad Mia, Member, Legal Advocacy Committee, Canadian Muslim Lawyers Association
  • Steven Bucci, Director, Allison Center for Foreign and National Security Policy, Heritage Foundation
  • David Inserra, Lead, Homeland Security Policy and North America, Heritage Foundation
  • David Cape, Chair, Centre for Israel and Jewish Affairs

Public Safety and National Security Committee, on March 26, 2015

  • Jessie Housty, As an Individual
  • Marvin Kurz, National Legal Counsel, B'nai Brith Canada
  • David Matas, Senior Legal Counsel, B'nai Brith Canada
  • Tom Stamatakis, President, Canadian Police Association
  • Matt Sheehy, Director (Canada), Jetana Security, As an Individual
  • Clare Lopez, Vice-President, Research and Analysis, Center for Security Policy
  • John McKenna, President and Chief Executive Officer, Air Transport Association of Canada
  • Kyle Shideler, Director, Threat Information Office, Center for Security Policy
  • Michael Skrobica, Senior Vice-President and Chief Financial Officer, Air Transport Association of Canada

Public Safety and National Security Committee, on March 31, 2015

  • John Davies, Director General, National Security Policy, Department of Public Safety and Emergency Preparedness
  • Sophie Beecher, Counsel, Public Safety Canada, Legal Services, Department of Justice
  • Élise Renaud, Policy Specialist, Department of Public Safety and Emergency Preparedness
  • Ritu Banerjee, Director, Operational Policy and Review, Department of Public Safety and Emergency Preparedness
  • Ari Slatkoff, Senior Counsel, Public Safety Canada, Department of Justice
  • Douglas Breithaupt, Director and General Counsel, Criminal Law Policy Section, Department of Justice
  • Glenn Gilmour, Counsel, Criminal Law Policy Section, Department of Justice
  • Michael Duffy, Senior General Counsel, National Security Law, Department of Justice
  • Nancie Couture, Counsel, National Security Litigation and Advisory Group, Department of Justice