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.

Public Safety

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

Mr. Speaker, a government's primary role is to protect its citizens.

Women in particular are often targeted by terrorists, which is why we need to do everything in our power to protect them as much as men. That is why I invite my colleague to support Bill C-51. If she has any questions on that, I would be glad to answer them.

I was happy to appear before the committee for two hours. This is an important bill that promotes the rights and freedoms of Canadians, while also protecting them.

[Manon Perreault, Independent, Montcalm, QC]

Mr. Speaker, law enforcement agencies in Canada work hard to fight organized crime, but police officers have to deal with budget and legal constraints.

In addition, aboriginal women are overrepresented when it comes to violence and tragic disappearances. Here too, the police would like to have new legislative tools from the government.

With Bill C-51, the government is overlooking key safety issues and sidestepping other serious problems.

Does the government think it makes sense to combat terrorism when so many other situations also require expanded legal powers?

Privacy

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

Mr. Speaker, we will give the minister a second chance. The minister may not like what the Privacy Commissioner has to say, but that is no reason for the Conservatives to block him from the committee.

Bill C-51 would make sweeping changes that would have serious privacy implications for all Canadians. The Privacy Commissioner has warned that this bill would give the government, in his words, “virtually limitless powers to monitor and, with the assistance of Big Data analytics, to profile ordinary Canadians”.

Why are the Conservatives refusing to allow the Privacy Commissioner to appear before the committee so all Canadians can hear his concerns?

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

Mr. Speaker, Bill C-51 will have a significant impact on the rights and freedoms of Canadians, and yet the Conservative government refuses to hear from a key witness: the Privacy Commissioner, Daniel Therrien, who believes that Bill C-51 is “clearly excessive”.

Daniel Therrien was appointed by the Prime Minister. He is a specialist who was presented to us as someone who is able to strike a balance between security and privacy. Why then is his expertise being ignored when those issues are at the very heart of Bill C-51? Why this selective listening on the government's part regarding this bill?

Public Safety

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

Once again, Mr. Speaker, I am aware of these stories. As the member knows, I do not comment on an operational matter.

We are fully aware that high-risk travellers are travelling and willing to join terrorists. That is why we are putting on the floor of this House Bill C-51, which will give better tools to our law enforcement and police officers to prevent Canadians from committing terrorist acts abroad and coming back here to be a bigger threat to our country and our safety.

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

Mr. Speaker, I thank the member for her question.

I am indeed aware of these stories. That being said, the member knows that I do not comment on national security activities. However, I invite her to support Bill C-51, because the bill will allow us to continue to keep Canadians safe from terrorist threats, with monitoring mechanisms to protect people's rights and provide a framework for the activities of our intelligence agencies.

Second Reading

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, today I rise to speak on a bill, the title of which I find quite abhorrent, the title being zero tolerance for barbaric cultural practices. I do not know when this kind of language started to enter the House when we talk about legislation that is going to impact the lives of many people.

Let me first say that nobody on this side or that side of the House will tolerate any barbaric practices, but to say that barbaric practices are embedded in one culture or the other seems a little bizarre to me and, in the present context, seems to be very inflammatory in light of the comments made by backbenchers, the Prime Minister, and other people.

I want to take the tone down, because I take this issue very seriously. Gender-based violence is a serious issue, and all of us know there is enough research to show that it crosses all social, ethnic, and cultural boundaries. We always excuse it when we put the word “cultural” in front of it, that somehow it only happens in other countries and not across our communities.

I also want to say at this stage that it seems a bit strange to me that I have got up to speak on this bill without mentioning something significant that happened in my riding over the last 48 hours. There have been five shootings in my riding in recent hours. The RCMP has brought in extra police, who are very working very hard, and the community is very worried. When I look at the context, I keep thinking there are so many things we should be addressing right now in this country. My heart goes out to all those in my community who are worried, and I thank the members of the RCMP who are putting their lives at risk in order to make our communities safe right now.

There is a link with what I am talking about happening in Surrey and this bill, and it is called resources. Many times I have stood in the House and asked for additional resources for the City of Surrey so it can get the additional policing it needs, because it has incredibly low ratios. It is those kinds of resources that help with preventive work and stop the shootings that have been taking place over the last 48 to 72 hours.

I want to talk about domestic violence. First, let me assure everybody across the aisle, before anybody decides to point fingers—because I have experienced that before—that there is no one on this side of the House who supports gender-based violence, no matter which cultural group one may belong to. There is no one on this side of the House who supports child or forced marriages, and there is no one on this side of the House who supports polygamy.

Now that I have put those issues out there, I am going to tackle them one at a time. When it comes to domestic violence, we know that we have laws right now, and if passing one more law, saying all domestic violence shall end, would actually eradicate it, I think all of us would be rushing to vote for it.

We have laws already, but I would say what is lacking now are resources and enforcement. I say resources because we know that if we want victims to come forward, we have to provide them with a support system, and this bill would not do that. As a matter of fact, this bill could have the collateral damage—language my colleagues across the way sometimes use—of making victims go underground and not speak up because they know that if they speak up, either the victims or their children could be deported and criminalized.

Once again, one thing I know as a teacher and counsellor is that, if we really want to talk about domestic violence and to end gender-based violence, it starts with education, information, and with having laws that we actually enforce, but for that we need people to come forward with evidence. We need to put a support system in place so that the victims, the women and the children, have safety and security while they are going through the system and tackling the abuse that is going on at home.

Also it is also very offensive to see that word. Of course any kind of domestic violence is barbaric. However, to relate it to culture is going over the top and is the kind of politics I have been hearing a lot about, whether it is talking about brownies and whities, or brandishing all Muslims across the globe as being anti-women, or the extreme reach of Bill C-51, or not even allowing the Privacy Commissioner to give evidence because it might not agree with my colleagues across the way.

We already have laws and if they need to be tightened up, that is where the focus should be. If they need to be resourced, that is where my colleagues should be bringing forward legislation, if we really want to tackle gender-based violence. It is my understanding that we already have laws to prevent forced marriages and child marriages. There is an age of consent before the age of 16, and surely we do not have laws that put up with people forcing themselves on minors. We have legislation like that. Once again, this is another one of those window-dressing bills to appeal to a base, where they believe they can collect millions of dollars from hard-working Canadians.

The other issue I want to tackle is the issue of polygamy. Mr. Speaker, forgive me if I do not have this right and I am sure you will correct me if I do not, but it is my understanding that in Canada, we actually have laws that prevent people from being married to more than one person at a time. This legislation is not for what happens in other countries; it is about what happens within Canada, a Canadian law to apply to those living in Canada.

We live in a country where people get married, the marriages do not work out, and they end up getting divorced. We are not saying they do not get married again, but under Canadian law we can have only one wife at a time. I have a very vivid memory of this because, in the case in B.C. over Bountiful, I was one of the witnesses. It shocked me when I was reading the bill that we have a government that believes polygamy is okay in Canada. That is why Conservatives are bringing the bill forward. This is absolute nonsense. We do not have polygamy in our country. If people want to get married again because a marriage does not work out, that is okay, but it is one marriage at a time.

We already have laws against polygamy, so really what is the bill all about? Once again, what the Conservatives want to achieve in the bill could have been done in other ways, but it would not have given them the sound bites they needed to go to the media and say, “We are against barbaric cultural practices”. We on this side are against barbaric practices, period, without any modifiers and without any excuses.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there is a judgement call that has to be made when we are looking at legislation.

In the past, New Democrat members of Parliament have voted in favour of legislation at second reading going into the committee stage, believing that they will be moving amendments at the committee stage. Even if those amendments do not pass at the committee stage, those members will still vote for a particular piece of legislation.

It happens far too often, but at the end of the day we have to make an overall assessment of the legislation and then base our vote on whether or not we feel it is in society's or Canada's best interest to see it pass. I suspect that in many ways we will find that the legislation will be amended.

I know the New Democratic Party members have moved numerous amendments on numerous pieces of legislation at the committee stage and had every one of their amendments rejected. Then at third reading, they will come back and ultimately vote for the bill.

I know it is very difficult at times, especially if the government does not accept good, sound amendments or if it refuses to acknowledge that the legislation could in fact be improved. Both Liberals and New Democrats have witnessed that first-hand.

Unfortunately, that means we will have to buy our time, allowing a bill to pass and supporting it, with the idea that we will make changes. Bill C-51 is a good example of a commitment to make changes if the government refuses to do that.

[Mathieu Ravignat, NDP, Pontiac, QC]

Well, it may be more achievable, but what the official opposition is concerned about is that this is becoming a pattern. This isn't the first committee that this has happened in. In fact, the Conservative government has instructed the Privacy Commissioner not to attend the discussion going on in committee on Bill C-51.

If this is going to become a pattern, then there needs to be some commitment on behalf of the committee, and maybe this is the place to do it, that all the commissioners be reminded that they have a responsibility to be in committee and to defend themselves and their position.

[Mathieu Ravignat, NDP, Pontiac, QC]

Thank you, Mr. Chair.

This meeting has significantly changed. We were supposed to have here the new commissioner, who is nominated for a six-month period. It is fundamental to our democracy that commissioners appear in front of committees when they're nominated. This last minute decision not to appear is a contempt for the importance of our parliamentary institutions.

I also noticed that the Privacy Commissioner has not been allowed to appear in front of the committee on Bill C-51. This is a habit that the Conservatives are getting into, of muzzling commissioners. It is fundamental to ensure, when we make nominations of this importance to Canada and to Canadians, that we have a chance as parliamentarians to question the competencies and the quality of the nominee. I think it's unconscionable, Mr. Chair, that the commissioner is not here today.

What happened? I need to know what happened, first of all. This meeting has been cut in half, and something fundamental to the health of our democracy has been tampered with. I expect some kind of justification. The commissioner just cannot decide, “I'm going to wake up this morning, and Parliament doesn't matter.” He or she, depending on the commissioner, has a responsibility to come here when called upon and to be questioned.

I think this is a serious matter that we need to give full consideration to before we hear from our other invitees today.

Thank you, Mr. Chair.

Bill S-7—Time Allocation Motion

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, it is actually with a great deal of sadness that I rise in this House today to once again have to speak against another time allocation where the government is using its majority to shut down debate. It gets rather tiring when we hear, “Let us get it through this House; we will get it to committee because that is when we will have the in-depth study”.

I saw how that worked for Bill C-51. Once we got to committee, the government's proposal was no more than three meetings. On top of that, the Conservatives kept the Privacy Commissioner from testifying there.

What I am finding confusing is that the minister said it is absolutely imperative that they take action on this right now. We already have legislation prohibiting marriage before the age of 16. We already have laws saying that one can only be married to one person at a time. All of this rhetoric is so divisive and meant to create a milieu that the Conservative government is doing something, when all it is doing is feeding fear and suspicion and trying to pretend it is fixing something that is not broken in Canada.

[National Chief Perry Bellegarde]

No. Again, I think the recommendation to government is to withdraw it and engage in a process with us. Again, it's not just Bill C-51, but Bill C-38 and Bill C-45, the omnibus bills, that really impact on section 35 rights. We can work these things through, but let's establish a meaningful process and dialogue so that we can get it right because everybody in Canada deserves to get it right and get it done in a good way. So that's our recommendation, to withdraw it, and let's engage in a respectful process and get it right.

[Niki Ashton, NDP, Churchill, MB]

Finally, depending on the time, I want to ask what you are hearing from first nation leaders and grassroots members. Do you hear any support for Bill C-51?

[Niki Ashton, NDP, Churchill, MB]

Thank you.

National Chief, I know you are aware of the facts that have come to light over the last few years about the incredible rates of surveillance of indigenous activists and indigenous grassroots organizations in this country. We're aware that even a few years back in 2009, it became clear that the RCMP intelligence unit was reporting weekly to approximately 450 recipients in law enforcement regarding the activities of indigenous, grassroots movements. Is this a reason for concern for you that might point to what Bill C-51 could do only more of with regards to surveillance that clearly already exists?

[Niki Ashton, NDP, Churchill, MB]

Thank you.

Second, you referred to this in your speech, but I'm wondering if you could elaborate on it. According to you, does Bill C-51 seek to criminalize dissent, indigenous dissent, and the expression of indigenous peoples of their rights and of their title?