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

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I listened with great interest and I applaud my colleague's enthusiasm and passion. I am equally amazed at her imagination. I was not aware that Bill C-51 was attacking fish, but I guess I have to read it more closely.

My colleague has read so much into this bill, it is truly hard to follow and truly hard to believe. As I said, I applaud her imagination. I want to talk about oversight, which she is rightly concerned about, because we should be concerned with any kind of measure like this that goes toward protecting Canadians—and the people who rely on the fish, by the way.

We talk about CSIS and what it can and cannot do; we talk about judicial oversight, which exists; and we talk about SIRC. Language is very important. It was said by a former solicitor general that SIRC does not provide oversight; it provides review. When SIRC reviews all the actions of CSIS, as it will, and comes across something that it feels has gone beyond the lines and reports that to the appropriate authorities, that now becomes oversight.

Would my hon. colleague agree, at least on that point? She says there is no oversight in this at all. Clearly, that is blatantly untrue. Would she give a little credit and say there is some oversight? Maybe there is not enough for her and maybe she does not trust the people providing the oversight, and that is fair ball, but would she at least agree that there is some attempt at oversight in this?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am honoured to rise in the House to join my colleagues in the NDP who have expressed our opposition to Bill C-51. We have signalled to Canadians that what is most important for us is standing up to fear and standing up for the ability to defend our rights.

I also stand in the House to share a perspective as the aboriginal affairs critic for the NDP, to speak out on the potentially harmful and even devastating impact this piece of legislation would have on indigenous activists and communities.

Bill C-51 seeks to criminalize dissent. As we know, indigenous peoples—first nations, Métis, Inuit, or indigenous peoples in general—have often been at the forefront in fighting for what is important to them and, in many ways, what is important to all of us. These activists, these leaders, these members of their communities are not terrorists and do not pose a danger to the lives of anyone. These individuals have taken it upon themselves to stand to protect their inherent land rights, the welfare of their people, and the environmental integrity of this planet. These are the indigenous activists who work across this country seeking justice, and they are all deeply concerned by the threat posed by Bill C-51.

I should note at this point that I will be sharing my time with the member for Halifax.

The problem with this legislation is very simple. It lumps legitimate dissent together with terrorism. Indigenous peoples have a right to seek environmental and social justice through protest, communication, and activism. This bill would call that work criminal. It would call that work terrorism.

I have taken it upon myself to reach out to a number of indigenous community leaders across the country and have gathered some of their comments in this speech. Theirs is a perspective that must be heard, as we stand on the brink of passing into law a bill that would greatly curtail all of our rights and freedoms. The Conservative government is seeking to use its powers to control and censor the voices it does not want to hear.

Pam Palmater, the Mi'kmaq lawyer and Idle No More activist, gave me permission to share her thoughts. She said:

As treaty and territorial allies, First Nations and Canadians face a formidable foe and threat to our collective futures. Idle No More raised awareness about the break down in democracy in general and human and Aboriginal rights specifically. Hundreds of thousands of people across Canada rose up against Bill C-45—the large, unconstitutional omnibus bill pushed through Parliament without debate which threatened our lakes and rivers. This time, the threat is personal—any one of us could go to jail for thinking or voicing our opinions. All of the rights, freedoms and liberties upon which Canadian democracy rests will be suspended with Bill C-51. This bill creates what has been described as Harper's "Secret Police force" with terrifying expanded powers.

Ms. Palmater is not wrong. This 63-page omnibus bill includes measures that would give increased powers to CSIS not only to spy on citizens who it believes pose a threat but also give it the right to disrupt their activities whenever it deems necessary. CSIS may do this without a warrant or any checks or balances.

Under Bill C-51, no one will have oversight over the will and whims of Canada's spy agency. Without calling into question the ethics or integrity of those people who work at CSIS, I can say as a citizen that I am uncomfortable in principle and in practice with any one government body having this kind of unchecked control.

Upon until now CSIS has been an intelligence gathering agency. This bill would give it powers to act as a quasi law enforcement agency. The Prime Minister is in actuality creating a special secret police force in Canada, and these secret police will be able to surveil and target anyone they want.

Indigenous and environmental activists are afraid about what that could mean when they organize to protest a pipeline, when they communicate among themselves to reclaim territory that is theirs, and when they speak out in defence against the government in any way, which is their right to do.

Clayton Thomas-Muller, a renowned activist, wrote to me today about the work he does:

Our movements are about justice. To criminalize Indigenous dissent, then, is to repress Indigenous rights in Canada, and our responsibilities to protect the land. We are transparent, open, base-driven movements that take a non-violent, peaceful direct action approach.... The state is criminalizing Indigenous peoples who are acting within their right to exercise jurisdiction over their lands. This is an abuse of democracy. It is clearly about providing a right-of-way for the mining and energy sector.

On the front lines of much environmental activism are the first nations of the northwest coast in British Columbia. Many nations have made it their responsibility to oppose the Enbridge pipeline and other projects they see as grave threats to their lands, their fish, and their sovereignty. These people have already been targeted and insulted by the government. They have been called dangerous radicals by the Minister of Natural Resources.

Are these the dangerous people that CSIS will exert its new powers over? Will these people be spied on, arrested, and detained for unacceptable lengths of time with no clear charges? Art Sterrit, the director of Coastal First Nations, is afraid they will be. He wrote to me this morning and said:

The pipelines and oil tankers that this legislation apparently seeks to build under the guise of fighting terrorism, strike real terror in the hearts of our communities.

An oil spill in our coastal waters would be a terrorist attack. It would kill our livelihoods and wipe out our culture. How can [the Prime Minister's] government talk about threats to Canada's territorial integrity while he threatens the territorial integrity of first nations in BC and across Canada with his government's support of risky and dangerous projects like the Enbridge Northern Gateway Pipeline? If passed, this legislation would be a major setback in building trusting relationships between First Nations and the Government of Canada.

As well, I spoke with Geraldine Fleure of the Yinka Dene Alliance. She said to me that she and her community already feel heavily targeted by the government for their anti-pipeline work. They are trying every day to create a safer, thriving community for their children. It's hard. They are challenged by poverty, but the fight to protect their lands and their waters is not one that they will ever give up. Bill C-51 will make it harder. It is another blow to their ability to provide a safer future for their children.

It is not enough for members of the House to rise and say to indigenous people that they do not have to worry about being treated as terrorists. First nation, Métis, and Inuit peoples have reason not to trust the government. For years, they have been targeted and harassed. No one knows this better than Ellen Gabriel of the Khanesatake Mohawk Nation in Oka. She writes:

During the 1990 Oka Crisis, Mohawk people on the front lines were attacked by police, shot at, denied their basic human rights and their right to privacy violated hundreds of times by the authorities under the direction of the Government of Canada and Quebec. Many Mohawks received notices by mail from authorities that they were being monitored and their phone lines tapped, and were not given much of an explanation except being provided with a photo copy of the criminal law code highlighting the reason their privacy was under attack: "suspected of criminal and terrorist activities...threat to public security". This continues today and has always been the case for Indigenous peoples who resist colonial laws and dispossession from their lands.

Too much is at stake with this bill for all Canadians, but it is crucial that those who will be disproportionally affected will have their chance to be heard in the House. It is crucial that those fighting for justice, for dignity for their communities, and for all of us be heard.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, we are a country that holds a strong belief in equality, human rights, and the rule of law. Therefore, I would like to begin my comments today by making a statement that may seem obvious but that some in this House would deem to be controversial. The international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because these terrorists hate our society and the values we represent.

That is why our Conservative government has put forward the bill we are talking about today. It is a bill that would protect Canadians from jihadi terrorists who seek to destroy the very principles that make Canada the best country in the world in which to live.

Be it the brutal and merciless attacks on Canadian soil in October or abroad in Sydney, Paris, and Copenhagen in recent weeks, terrorism attacks core values and what we as Canadians hold dear: our freedoms and our democracy. As the Prime Minister indicated following the violent attacks, “We will not be intimidated”. It is therefore essential that we provide those entrusted to investigate, analyze, and respond to terrorism with all the necessary tools to degrade and destroy threats to our national security in whatever form they may take. This is exactly what the anti-terrorism act, 2015 would do.

I would like to spend my time discussing the parts of this bill that have been the subject of considerable interest; namely, the amendments that would strengthen the terrorism recognizance with conditions and the terrorism peace bond provisions.

The ability to prevent terrorism before it happens is critically important in our overall approach to responding to terrorism at home and abroad. Preventative arrest provisions, as they are more commonly known, do just that. They are rapid response tools that can be sought even where there has been no criminal charge and no prior convictions, enabling a judge to impose any conditions.

The anti-terrorism act, 2015 would reduce the red-tape burden required to obtain a recognizance with conditions. Under the current law, a peace officer must believe, on reasonable grounds, “that a terrorist activity will be carried out”. That is an incredibly high threshold. The bill would change this and instead require that a peace officer believe that a terrorism offence “may be carried out”. This is far more reasonable. It would also replace the additional requirement that a police officer suspect, on reasonable grounds, that the recognizance is “necessary to prevent the carrying out of the terrorist activity” with a requirement that the police officer suspect on reasonable grounds that the recognizance “is likely to prevent the carrying out of the terrorist activity”.

Other important changes to the terrorism recognizance are contained in this bill. Currently, a person may be detained under these provisions for a maximum of three days. The bill would increase the maximum period of detention to seven days. I support this change, because we need to ensure that Canadians are safe from terrorist activity. I also support this change because the law would also ensure that the constitutionally guaranteed rights and freedoms of those detained would be fully respected by requiring police to go before a judge after the first 24 hours, and generally every 48 hours thereafter, to justify the need for continued detention.

It is important to understand how these provisions work. Under the current law, if a police officer has arrested someone without a warrant, he or she is required to bring that person before a judge within 24 hours. Once brought before the judge, the person can be ordered detained for up to an additional 48 hours if justified on various grounds, including where it is necessary to protect the safety of the public.

The anti-terrorism act, 2015 would not change this process but would allow for detention beyond this three-day period only where the continued detention remained necessary on various grounds, such as protecting the public, and where there was evidence to show that the investigation was being conducted diligently and expeditiously. In other words, there would be ongoing and meaningful judicial oversight concerning the detention of a person under these powers.

The proposed reforms would also allow young persons to be subject to recognizance with conditions under the provisions of the Youth Criminal Justice Act, as is currently the case for terrorism peace bonds.

I would like to discuss the improvements to the existing terrorism peace bond contained in the anti-terrorism act, 2015. The proposed changes would make this tool easier to obtain. The evidence would have to demonstrate that a person believed, on reasonable grounds, that another person “may commit” a terrorism offence, instead of the current “will commit” a terrorism offence requirement.

For both the terrorism recognizance with conditions and the peace bond, the bill would authorize a court to require sureties from a defendant. A surety is someone who agrees to take responsibility for ensuring that a person subject to the court order complies with the conditions imposed.

The bill would also require a judge to specifically consider whether geographical restrictions and temporary passport surrender conditions should be imposed to prevent the carrying out of a terrorist activity or the commission of a terrorism offence.

In situations where an individual subject to a peace bond has been previously found guilty of a terrorism offence, a judge would have the authority to order the duration of the peace bond to be up to five years, up from the current limit of two years.

Finally, the bill would increase the maximum sentence of imprisonment for a breach of these court orders in relation to the recognizance with conditions and terrorism peace bonds from two years to four years.

Now, it is important to note that existing safeguards on the use of these preventative tools are maintained in Bill C-51. First, before police can use these provisions, they will be required to obtain the consent of the Attorney General, meaning that a full review of the facts will occur to ensure that there are justifiable grounds to proceed. Second, although a police officer may arrest and detain someone under these provisions without having first obtained the Attorney General's consent, they can only do so in exigent circumstances where the grounds for laying an information exist but it would be impracticable to lay the information, for example, because it is necessary to arrest someone immediately due to a concern that terrorist activity will occur unless the person is arrested.

Third, the provisions require judicial oversight. Fourth, the use of the recognizance will continue to be the subject of annual reports to Parliament by the Attorney General of Canada and the Minister of Public Safety. Parliament will, for example, be informed of how many applications were brought, how many detentions occurred, and whether the new additional periods of detention were sought and obtained. Finally, the recognizance with conditions will still have to be brought before Parliament for mandatory review and will still be subject to a sunset clause, as required by the Combating Terrorism Act of 2013.

Before concluding, it is worth noting that the proposed enhancements to our terrorism prevention tools are consistent with similar tools in place in like-minded jurisdictions. For example, the United Kingdom has used similar measures to protect the public by imposing conditions on people who have been determined to pose a threat to the safety of the community. Australia uses control orders to prevent terrorist acts from occurring and that enable the imposition of conditions on individuals.

I think this is important, because it shows that countries with strong democratic traditions and institutions and that respect the rule of law have also recognized that they can take measures that are firm in their response to terrorism and fair in their approach, respecting the rights of those subject to these preventative tools.

We have a strong set of anti-terrorism laws. Proposals in this bill would enhance these laws to enable law enforcement to intervene earlier and more effectively in terrorist investigations.

If there is a moment when I believe we can stand together, it is now. Initiatives such as those put forth in Bill C-51 send a clear message to the world that Canada is and remains a leader in implementing measures that contribute to global security and in a way that respects the rights, freedoms, and values that define our country.

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

Mr. Speaker, I get the same impression when I look at the content of Bill C-51 and how it was presented or when I hear the responses from across the way when we try to get more specific details about the bill.

This bill makes us feel like the election is already under way. The Liberals will have to confirm this, but I get the feeling that they looked at the polls and realized that the general public seems to support Bill C-51, so they decided they would vote in favour of it.

They are using this fear as a motive for voting in favour of a bill that has aspects that are really irrational. It is interesting because Jean Chrétien, a former Liberal prime minister, signed a letter this morning saying that civil liberties would be affected and there would be problems with the CSIS oversight mechanism.

That is the impression I get when I look at what the Conservatives and the Liberals are doing. Unfortunately, they are using fear for political gain. The NDP will not do that.

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

Mr. Speaker, I thank my colleague from Saanich—Gulf Islands for her comments. She raised a number of interesting points. The crux of the matter, as she said, is the lack of balance between public safety and civil liberties.

Actually, this is not really about balance; rather, the two should go hand in hand. This kind of action is completely illogical. I am glad that she is on our side and that she said she would be voting against Bill C-51.

There is so much to say because there are so many details. I often get the impression that the Conservative Party and the Liberal Party are already campaigning on this issue. That is not what we, as parliamentarians, should be doing. To do our job as parliamentarians, we should have been given enough time to discuss this bill in the House. I highly doubt that we will have much time to discuss it in committee either. My Green Party colleague pays close attention to what happens in the Standing Committee on Public Safety and National Security. I am reaching out to the Conservatives, and I hope they will give us time to hear from a number of witnesses and allow enough committee meetings to study this bill thoroughly.

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

Mr. Speaker, it is unfortunate that the parliamentary secretary does not keep up with the work that the Parliamentary Budget Officer is doing, that she does not consult the people who work directly on the ground, that she does not realize she is the Parliamentary Secretary to the Minister of Public Safety and that the Department of Public Safety's budget has been cut by 10% since 2012.

There have been serious consequences and they are evident. The Department of Public Safety reported them and the Parliamentary Budget Officer has been reporting them since 2012.

The members opposite are pretending to address the problem and are offering us a false choice between public safety and civil liberties. However, we all know how important it is to have a free country. The freer a country is, the freer and safer its people are.

I spoke to many stakeholders about the content of Bill C-51. It seems to me that the members opposite do not remember the cases of Maher Arar and Air India and the resulting reports and recommendations. Instead, the Conservatives decided to work in a vacuum. They are not working with the experts on the ground and they are not learning from their mistakes.

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

Mr. Speaker, I am pleased to rise today to speak to Bill C-51, the Anti-terrorism Act, 2015, introduced by the Conservative government.

I want to start by talking about what has happened since the debate started in the House of Commons. Unfortunately, less than 24 hours after the debate on Bill C-51 started, the Conservative government moved a time allocation motion to restrict the time for debate. This is the 88th time that the Conservative government has done this in the House—an all-time high. There is no pride to be taken in preventing parliamentarians from doing their job.

I had to wonder why the Conservatives moved this time allocation motion, since when they introduced Bill C-51, they promised to all Canadians and parliamentarians that they would take the time to debate the bill. However, less than 24 hours after the debate started, they moved a time allocation motion. What is going on?

Yesterday, over 22,000 people signed a petition against Bill C-51. This morning, former prime ministers, retired Supreme Court justices and other prominent Canadians released a letter expressing major concerns about several aspects of Bill C-51, specifically those relating to the Canadian Security Intelligence Service.

The more we talk about Bill C-51 with the people we represent in our communities, and the more the experts say about this, the more we realize that this is not the right way to combat terrorism and radicalization here in Canada or elsewhere in the world. It is unfortunate that the Conservative government is doing this, but it is not a surprise.

I would like to comment on some remarks that the hon. member for Medicine Hat made in his speech just before question period. First of all, partisanship has no place in a debate on terrorism and radicalization. As parliamentarians, we are capable of debating. Second of all, there is no place for grandstanding and mockery in this debate. I think that, unfortunately, the member for Medicine Hat lacked respect in the context of the debate on Bill C-51.

We are debating an extremely important bill and he is accusing the NDP of wanting to hug terrorists just because we are opposed to Bill C-51. Nothing could be more ridiculous in the House today. I hope my colleague will take the time to apologize in the House for his comments, because they add nothing to a debate that should be respectful and orderly.

A number of members from across the way then said that we had less time for debate because the official opposition took too much time to vote on the Conservatives' time allocation motion. That too is ridiculous. We do not have enough time to debate, not because we took too long to vote, but because they moved another time allocation motion after just 24 hours. They should set the record straight, across the way.

They also accused the official opposition of playing partisan politics with Bill C-51.

I want to talk about the process that led us to study this bill very carefully because Canadians need to understand the work of the official opposition and what the Conservative government is in the process of doing with this bill on terrorism.

We believe that the extremely important Bill C-51 was a response to the attacks in Saint-Jean-sur-Richelieu and on Parliament Hill in Ottawa. Instead of presenting this bill in the usual way, in the House of Commons, the Prime Minister presented it during a partisan gathering, hundreds of kilometres away from Parliament Hill. The Conservatives are already in campaign mode and this bill is part of their campaign.

The Conservatives are already trumpeting this everywhere as if it were the best way to counter terrorism. Partisanship had no place in this debate and certainly not like that.

I must say, I am very proud of the work done by the official opposition on this file, especially by the Leader of the Opposition and my hon. colleague, the member for Esquimalt—Juan de Fuca. As soon as we saw Bill C-51, we noticed how big it is and saw that it affects many different aspects of various laws, including legislation on citizenship and immigration as well as CSIS. We thought it was important to examine it carefully, because with the Conservatives, the devil is often in the details, and that is certainly true in the case of this bill.

The bill is huge. I want to explain why we oppose it, because it is important to do so. When Bill C-44 was introduced to amend the Canadian Security Intelligence Service Act, we decided to vote with the government. It was a fair tactic, since we wanted to send the bill to committee and try to work together. Work in committee was extremely tedious and difficult because the Conservatives stymied us at every turn. Everything was very restricted: the number of sessions dedicated to witnesses, the number of witnesses we were allowed to invite and the time we were given to examine each clause of the bill. We gave the Conservatives a chance on a bill that we did not wholeheartedly support. We thought we could at least try to improve it.

Bill C-51 is so broad and touches on so many things at the same time. Not only does it cast a wide net, but it is dangerously vague and ineffective. In order to solve such complex and specific problems as terrorism and radicalization here in Canada, we need concrete objectives. The government cannot cast such a wide net as it does with Bill C-51, which does not directly target the problem. Instead, this bill tries to make it look like something is being done, which is not really the case, particularly since it does not propose proven and effective measures. Among other things, it puts partisan politics ahead of the protection of Canadians. I am extremely disappointed by that.

It is important to say that terrorism is a real threat. Everyone here agrees that public safety is one of the top priorities of any government anywhere in the world. Canadians really do not have to choose between public safety and civil liberties. However, with Bill C-51, the government is trying to have us make a false choice. We are told that public safety and civil liberties go hand in hand. I agree completely. However, Bill C-51 contains absolutely nothing that will improve civilian oversight of CSIS, which will be given many new powers with this bill. The government is not striking a balance with civilian oversight.

There is a problem with the civilian oversight mechanism at the Canadian Security Intelligence Service. First of all, in 2012, in one of its omnibus bills, the government decided to eliminate the position of inspector general of CSIS. This individual reported on what was going on at the Canadian Security Intelligence Service. The civilian oversight agency currently responsible for reviewing the activities of CSIS is flawed. These people are appointed by the Conservative government. Members will remember Arthur Porter who, coincidentally, was appointed to this body. What an excellent choice. Furthermore, the oversight mechanism does not work because not all of the positions have been filled. There is not a full complement of competent individuals at this time. Also, the mechanism works on a part-time basis half of the time.

The government often tells us that this is a very effective civilian oversight mechanism, but in reality that is not the case. According to the provisions of Bill C-51 regarding the existing civilian oversight mechanism as it exists today, it is CSIS itself that chooses what might violate the laws governing its own operations and thus decides what it will report to the civilian oversight mechanism.

CSIS itself chooses what must be investigated through its civilian oversight mechanism. That does not make any sense.

I do not want to say that the government is lying to Canadians when it says that Bill C-51 establishes a balance between public safety and civil liberties, but it is coming quite close to it.

Here is another interesting thing about Bill C-51. For weeks, we have been asking questions of the Minister of Public Safety and Emergency Preparedness, the Minister of Justice and the Prime Minister. They tell us that CSIS will be able to disrupt threats in Canada targeting the Canadian economy and infrastructure. However, no one on the other side of the House was able to give a single example of what is meant by disrupting a threat to the Canadian economy or disrupting a threat to Canadian infrastructure. Those statements can mean many things and are very broad.

The government is saying that it is trying to deal with terrorism. However, the Conservatives have a tendency to use measures in this sort of bill to achieve completely different goals. Today, during question period, we asked whether this would create problems for environmentalists who protest against the oil sands, for example. Will those people be affected by this bill? Will the first nations who sometimes put up roadblocks to protest government decisions be affected by Bill C-51? Given the way the bill is worded, they absolutely will be. The problem is that the members opposite refuse to admit that.

I would have liked to quote the exact words of the Minister of Public Safety and Emergency Preparedness, but he said something along the lines of: we do not want to get bogged down in definitions. This is a bill on terrorism. The right definitions are exactly what we should have, especially when it comes to problems as complex as radicalization and terrorism. I sincerely believe this is amateur hour. I do not know whether the Minister of Public Safety even read his own bill and understood it. If he understood it, then he would have realized that it goes a bit too far and he could have considered some of the ramifications. However, there is still no answer from the Conservative government.

I hope, if the hon. members across the way ask me questions, to get some examples that directly concern infrastructure or threats to the Canadian economy, and what impact this might have exactly. I look forward to hearing what the hon. members have to say about this.

I said that the terrorist threat is real. We have to recognize that and make sure we have the right tools to fight it. However, we also have to be careful, and I mentioned the false choice we are being asked to make between public safety and civil liberties. People in Quebec had first-hand experience with that in the past. I am talking about the October crisis in the 1970s when Mr. Trudeau's Liberal government passed the War Measures Act. The NDP was the only party that opposed the War Measures Act at that time, the only party that stood up for the rights and civil liberties of Canadians. I am proud to see that we are doing that again today.

We can take concrete measures to combat the terrorist threat and radicalization in this country. We can start by striking a clear balance between civil liberties and public safety. The least we can do is make sure we have a completely independent civilian oversight mechanism. Our legislative approach to combatting terrorism must be more thorough, and it must be based on facts and evidence, for once.

The bill was introduced on the Friday before the week-long break for our constituency work. As the official opposition, we took the time to meet with experts in the field and with people who will be directly affected by the measures in Bill C-51. We also consulted with people who read criminal law very well and have a good understanding of the impact this bill could have. I could give many examples. Many civil liberties organizations, such as the Canadian Muslim Lawyers Association, are very concerned about the bill's potential impact, since Bill C-51 is based entirely on ideology and not on fact.

First of all, these could be laws that we might never use. In the past, this place has passed public safety legislation that, for many reasons, cannot even be used by the RCMP or CSIS, for example. Furthermore, certain communities are becoming increasingly marginalized. In his speech introducing Bill C-51, the Prime Minister targeted the Muslim community directly by talking about mosques. That is unacceptable. What we should be doing here is rallying everyone to ensure that, together, we all properly understand the problem of radicalization and work hard to eradicate it.

The key here is to have an approach centred on the fight against terrorism that includes strict control over security intelligence agencies—rather than reducing oversight, which is what is happening right now under the Conservatives. It is important to mention that.

There is something else the members across the way have been rather quiet on, because it is nothing to brag about: so far, no funding has been announced with Bill C-51. I remember their speeches. They said that over the past few years, they increased the budget for CSIS and the RCMP. I would advise my colleagues across the way to consult the Parliamentary Budget Officer's reports. Since 2012, there have been nothing but successive budget cuts in every agency that falls under the Department of Public Safety.

The government is introducing new tools without the necessary funding to go with them. Absolutely nothing. If the members across the way took the time to talk to the people who enforce the law, such as police officers, RCMP officers and Canada Border Services Agency officers, they would see that what is happening on the ground is appalling. Police officers have told us that they were aware that people were becoming radicalized and that strange things were happening, but they did not have enough resources to do anything about it. It is all well and fine to have new tools. They are lovely to have in the toolkit, but they are all for naught without the means to use them.

This is a meaningless bill that is far too broad and complex. It does nothing to address the problem directly. What is more, it does not allocate any funding. Since 2012, all the government has done is cut public safety budgets. Funding for the Department of Public Safety was cut by about 10%. It is pretty bad for the Conservatives to say that they are doing something, when the Parliamentary Budget Officer is saying quite the opposite.

Furthermore, we currently have some very good tools to fight the terrorist threat on the ground. RCMP officers have done an incredible job. A few weeks ago, a plot was thwarted in Ottawa. I believe it was February 13. Another plot was foiled in Halifax. Those are two very fine examples that prove we currently have good tools that work. We simply have to provide the necessary appropriate and adequate resources. I am not saying that nothing should be changed and that everything we have right now is fine. However, we are on the right path. We should give our officers on the ground the resources they need.

Finally, another important approach to combat terrorism is working with communities at risk through programming and developing a national strategy to counter radicalization. There is absolutely nothing in Bill C-51 to address this problem. Discussing a national strategy for countering radicalization is absolutely necessary if we want to tackle the problem.

I have a hard time believing that the Conservative government wants to work in isolation on this. They did not hold proper consultations. I am also sad to see that a number of colleagues on the other side did not take the time to fully understand the measures in the bill. Canadians want to know what is in Bill C-51. They want us to tackle the terrorist threat. Everyone wants to work on this. I do not know a single person in the House who does not want to combat terrorism or radicalization.

What is important is to have the right tools and right resources. We need to work with people on the ground and develop a national strategy against radicalization. The Conservatives cannot work in isolation and think that what they are doing is the best option.

I see that my time is almost up. I still have much more to say. I hope that my colleagues will have many questions for me. I would be happy to respond. However, I just want to tell those watching at home not to be deceived. This bill does not strike a balance between public safety and civil liberties. The official opposition believes in rights and freedoms, and we will not stand for this.

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.

Business of the House

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

Mr. Speaker, this afternoon we will continue debating Bill C-51, the anti-terrorism act, 2015, at second reading. These measures will keep Canada secure from evolving threats.

Of course it is important in the context that we live in today that these important measures to keep Canadians safe and combat terrorism do become law during this Parliament. In order to ensure that happens, the debate will continue on Monday, and thanks to an order of this House adopted earlier this day, we are able to have certainty that we will have a vote on it at that time.

Tomorrow we will have the 10th day of debate on Bill C-32, the victims bill of rights act. That afternoon we will wrap up the third reading debate of these measures, which will place victims at the heart of our justice system.

Tuesday shall be the fifth allotted day, which will see us debate a proposal from the Liberal Party. That evening, we will have a take note debate on the troubling rise of anti-Semitism around the world.

This important take-note debate will be on the disturbing rise of anti-Semitism around the world, and we are very much looking forward to seeing this topic discussed. I want to thank the Minister for Multiculturalism and the member for Mount Royal for their persistence in this initiative.

On Wednesday we will turn to Bill C-2, the respect for communities act, for another day of debate at report stage. It will be the 12th day that this bill has been considered by the House. With luck, the opposition will stop holding up this important proposal and let regular, ordinary Canadian citizens have a meaningful say when people want to come to their communities to set up a drug injection site operation.

Then, on Thursday, we will resume the second reading debate on Bill C-46, the Pipeline Safety Act, which aims to establish world-class safety standards for pipelines in Canada.

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

Mr. Speaker, I have good news and bad news.

The good news is that there are only 12 more weeks of sittings before the end of this Parliament and the end of this government. That is good news for all Canadians. The bad news is that the government is continuing to wreak havoc.

Earlier, this government moved its 88th closure and time allocation motion. That is a sorry record. We have never seen the like in the history of Canadian Parliament. This time, the notice of motion was given after only three parliamentarians had the chance to speak to Bill C-51.

Although we have not been given a lot of answers, the government would prefer to steamroll this bill through, even though Canadians are becoming increasingly concerned about this bill's flaws and problems.

The reality is that this government always refuses to work with the opposition members, unless they comply with its agenda.

Fortunately, the other good news is that all this will change on October 19, 2015, because Canadians will have the opportunity to vote for a new NDP government, which will restore respect for Parliament.

My question is for the Leader of the Government in the House of Commons. Next week, will the government finally learn its lesson and begin working with parliamentarians? What is the government's plan for next week?

Public Safety

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

Mr. Speaker, the scope of Bill C-51 is far too broad and provides far too many new powers for CSIS.

The Minister of Public Safety has yet to give a single example of the types of activities CSIS could carry out in order to disrupt threats. Experts believe that this could include activities such as spreading incorrect information about a group or individual.

Could the minister tell us whether this is actually the case?

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

Mr. Speaker, so much for not railroading Bill C-51 through the House, as the Conservatives could not even wait 24 hours to limit debate on this bad bill. That is in pretty strong contrast to the U.S. President, who is out talking about what works to counter terrorism. Here is what President Obama said: “...we need to do what extremists and terrorists hope we will not do, and that is stay true to the values that define us as free and diverse societies”.

We do not need divisive rhetoric and limited debate. Why is this always the Conservatives' approach, even on such an important topic as threats to our national security?

[Peter MacKay, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, that is patently false. Many departments of government, including the justice department, have cross-cultural round tables. Our security forces themselves are often involved in outreach, and they will continue to do so.

However, with respect to the substance of Bill C-51 before the House, the bill would give tools to our security forces to allow them to do more to prevent terrorism, to prevent violence. That is something that all communities in Canada are interested in and engaged in the discussion.

Anti-Terrorism Act, 2015

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I listened intently to my colleague and I appreciate his comments.

The NDP has asked for more time to debate the issue of Bill C-51, a very important piece of legislation to make sure Canadians are safe, yet the NDP moves concurrence motions and uses delay tactics such as slow voting. I think a number of people were probably not able to take part in this debate because of the delays by the NDP.

Would the member agree that there are unreasonable and illogical delays from the NDP?

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, first of all, I would like to thank my outstanding hon. colleague for Richmond Hill for sharing his time with me and also for his hard work on this file. It is an important file, and I am pleased to be on the public safety committee. It is also my pleasure to rise today in the House to debate Bill C-51, the anti-terrorism act, 2015.

We find that the world we live in today is a dark and dangerous place. This was most brutally demonstrated by last October's attacks in Ottawa and in Saint-Jean-sur-Richelieu. We are not immune to the threat of terrorism, nor are our allies. We have tragically seen this in Paris, Sydney, and Copenhagen, beacons of western civilization struck by jihadist terrorists. Let us make no mistake: the international jihadist movement has declared war on Canada and her allies.

The legislation before us today would provide Canadian law enforcement and national security agencies with additional tools and the flexibility to keep pace with evolving threats and better protect Canadians here at home.

However, that is not all we are doing. It is important to fight terrorism at home, but we are also fighting it abroad. Our brave men and women of the Canadian Armed Forces are engaged in a battle with the barbaric so-called Islamic State.

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

The proposed legislation includes checks and balances to ensure it respects the rights of Canadians and complements other legislation passed by our Conservative government in order to better protect Canadians and secure institutions. These measures include the Combating Terrorism Act and the Strengthening Canadian Citizenship Act. However, I would be remiss if I did not note that the Liberals and the NDP have consistently voted against these types of measures for increasing our national security.

We have heard from both the Liberals and the NDP that they believe more money ought to be invested in CSIS and the RCMP. I find it interesting that when our Conservative government brought forward more funding for these agencies for parliamentary approval, on seven separate occasions the Liberals and NDP voted against this funding.

I would like to look at the facts. The fact is that our Conservative government has increased funding to both CSIS and the RCMP by over one-third since forming government. We will hold that record up any day of the week.

Much has been made by the NDP of portions of the anti-terrorism act that relate to disrupting terrorist threats. I would like to give some concrete examples of how these powers would help keep Canadians safe.

One example would be if a 21-year-old Canadian citizen had become disenchanted with his home life due to videos of sermons given by radical imams. He has additionally sought to acquire copies of Inspire, the English-language magazine published by al Qaeda in the Arabian peninsula. Individuals with this local mosque have advised CSIS that he is planning to travel overseas to engage in terrorist activity.

Currently, CSIS can investigate but cannot do anything to stop the individual from travelling. The furthest CSIS could go is to advise the RCMP that it believes he is about to commit an offence, and the RCMP could launch its own investigation. However, under Bill C-51, CSIS would be able to engage with a trusted friend or relative who could speak to this individual and advise against travelling for terrorist purposes. Further, CSIS would be able to meet with the individual to advise him that they know what he is planning to do and what the consequences of taking further action would be.

Another example would be if CSIS learned that a planned shipment of chemicals might be used in a terrorist attack on a Canadian business operating in a foreign country, but the exact timing was not known. Currently CSIS can share that information with the foreign government and other foreign partners. A travel alert could potentially be issued by Foreign Affairs. Under Bill C-51, CSIS could engage in a joint operation with a foreign partner to disrupt the shipment. For example, the shipment could be rerouted so that it would not be delivered into the hands of terrorists.

Lastly, let us say a Canadian ally warns CSIS that foreign spies are planning to meet with a Canadian avionics firm. CSIS investigates and determines that the spies are posing as businessmen in order to purchase telemetry equipment. This dual-use technology has a civilian application in test programs, but it is also used in ballistic missile targeting.

Currently CSIS, as part of its investigation, can interview officials from the Canadian company to gather information. CSIS can ask the CBSA to check the parts' paperwork at the time of export to determine if there are customs violations.

Under Bill C-51, CSIS could seek and receive a warrant to intercept equipment and alter it so that it would not have any suitability for non-civilian applications.

With this new mandate, CSIS could take measures at home and abroad to disrupt threats when it had reasonable grounds to believe there was a threat to the security of Canada. These threats to the security of Canada are defined in the CSIS Act and include espionage, sabotage, foreign-influenced activities, terrorism, and domestic subversion, which refers to activities directed against the constitutionally established system of government in Canada.

CSIS would only be able to take reasonable and proportional measures to disrupt threats. To do this, CSIS would consider the nature of the threat, the nature of the proposed measures, and the reasonable availability of other means to disrupt the threat. The intelligence services of most of Canada's democratic allies have had similar mandates and powers for many years.

It is important not to misconstrue definitions under the security of Canada information sharing act and the CSIS Act. The threat disruption mandate covers threats as defined in the CSIS Act, namely espionage, sabotage, foreign-influenced activities, terrorism, and domestic subversion.

CSIS is strictly prohibited from undertaking threat disruption activities against individuals engaged in lawful protest or dissent.

I know my time is probably running short and I would like to end my remarks today with a question. Opposition members like to say that this bill will somehow take away rights from Canadians. I would like someone on the other side of the House to explain to me where this legislation authorizes that. As far as I can tell, the only people this legislation will impact are those engaged in terrorist activities, those planning to become engaged in terrorist activities, and those who are advocating terrorist activities. If those are the types of individuals the NDP and Liberals are choosing to defend, I suspect Canadians will have a strong message for them in the next election.