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

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, it is important to point out that a parallel can indeed be drawn between the current situation and the October crisis in 1970. In both cases, the NDP was the only party to stand up in this House to defend people's rights and liberties and defend civil liberties, unlike the other parties that were in power in 1970 or are in power now.

Fear usually elicits strong emotional reactions in people. Unfortunately, we are in a situation where the international context is full of horrors and atrocities that are raising fears among some Canadians. Right now I feel as though the Conservatives are using that fear to try to score political points, even though the election is six or seven months away, and I find that extremely unfortunate.

Can we have a rational debate on the real threat that exists? Can we get some rational, democratic responses to deal with the radicalization of our young people and answer our questions regarding public safety in order to keep all Canadians safe, without using fear as the main motivator?

[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.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I would like to inform you that I will be sharing my time with the member for York Centre.

Today I rise in the House to speak about the anti-terrorism act, 2015. Specifically, I will focus my remarks on the component that would give CSIS a mandate to disrupt threats to the security of Canada. It is abundantly clear that 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 it represents.

Terrorism is not a human right. It is not a personal freedom. It is an act of war. This is why our Conservative government put forward the legislation we are speaking to today. It would protect Canadians against jihadist terrorists who seek to destroy the very principles that make Canada the best country in the world in which to live.

In recent months, we have heard much about the role of CSIS, particularly during debates in the House and how critical it is to our national security. Given this role, the Canadian public may have been surprised to learn that currently the mandate of CSIS is limited to collecting and analyzing intelligence, which it then uses to advise the government on threats to the security of Canada.

Essentially in matters of national security, CSIS has adopted the role of Canada's note takers. Do not misconstrue my comments. This is a role that the brave men and women of the service have performed admirably for the last 30 years, stifling an unknown number of attacks. However, the fact remains that CSIS does not have the lawful authority today to take action against threats to the security of Canada.

For example, while CSIS can carry out interviews to collect information from individuals, it cannot conduct interviews to deter these individuals from engaging in terrorism. This limitation creates numerous missed opportunities that could have serious, grave consequences. This legislation seeks to amend the CSIS Act to rectify this situation by providing the service with the mandate to take action to disrupt threats before they become a serious danger to Canadians.

CSIS is uniquely placed to take action in instances where other organizations cannot. For example, it has access to intelligence not available to others. It is exposed to the full spectrum of threats to the security of Canada as defined in the CSIS Act, presenting it with opportunities to intervene. Also it can operate covertly in Canada and abroad in accordance with the laws of Canada.

Under the bill, CSIS would be authorized to use an array of techniques to reduce threats to the security of Canada. In order to preserve CSIS's operational flexibility, there is no itemized list of possible threat diminishment measures in the proposed amendments. This is quite intentional, as it means we would not have to come back and update the legislation to match the rapidly evolving threats we face.

Instead, the bill requires that all measures be reasonable and proportional in the circumstances having regard to the nature of the threat, the nature of the measures, and the availability of other means. For added insurance, the bill explicitly mimics the prohibitions found in the Criminal Code, which currently apply to law enforcement.

Further, the bill proposes a rigorous judicial oversight and authorization regime. CSIS would have to request a warrant on a case-by-case basis from a judge when its actions would affect charter rights or would otherwise be contrary to Canadian law. As with the current warrant process, the judge might include in the warrant any terms and conditions he or she deemed advisable in the public interest.

To be clear, CSIS would not be acting above the law. In accordance with the CSIS Act, it is lawfully allowed to undertake these types of measures if they are authorized by a court warrant. This has not changed. Ministerial direction would also be issued to guide CSIS by helping ensure that CSIS carefully weighed the risks of the action as well as coordinated closely with other departments as necessary.

All of these threat disruption activities would be subject to independent review by the Security Intelligence Review Committee. The bill also contains specific new reporting requirements for CSIS and SIRC related to the use of measures to reduce threats.

Let me be very clear. The changes we are proposing would not turn CSIS into a secret police force, as the Green Party leader has alleged, and it would actually be far from it. CSIS would not be handed the power to make arrests or imprison individuals. It is simply not the case. It would not undertake actions that duplicate or conflict with the efforts of the broader security and intelligence community.

Also, as I have just said, robust judicial oversight and robust review mechanisms are in place.

What we are proposing would instead strengthen Canada's national security by allowing CSIS to act rapidly to disrupt a threat. In all of its work, as it does today, CSIS would coordinate with its national and international partners as appropriate. In this regard, it is worth noting that most of the intelligence agencies run by our western democratic allies use threat disruption as part of their regular work to protect their national security. In fact, I would note comments made by S.A. McCartan, a criminal prosecutor for the Ontario Ministry of the Attorney General, who said:

Canada is alone amongst Western countries in not allowing its spy agencies any powers whatsoever to prevent terror. It is alone in having a spy agency still operating 30 years in the past. It’s time to fix that.

The CSIS Act was first enacted 30 years ago. I agree that it is time to fix that.

These powers would complement CSIS's work abroad, allowing it to work more closely with our allies in addressing the complex and interconnected phenomenon of terrorist travel as well as other shared threats. It would also serve to strengthen our government's capacity to address other categories of threats that fall under the CSIS Act's definition of national security. Again, the definition of what constitutes a national security risk is defined in the CSIS Act.

Thirty years ago, CSIS was created to keep Canadians safe from a wide array of threats. Today, it is a mature, well-respected organization that has a strong track record of working within the rigours of Canadian law to undertake vital security operations that keep all Canadians safe.

In light of escalating threats like terrorist travel, and considering the complex and widespread reach of global terrorist threats, it is critical that we give CSIS this new mandate so that it can build on its current operations. As part of the anti-terrorism act, 2015, this component would allow Canada to better address the threats we face, including those from violent extremists and individuals who travel abroad for terrorist purposes.

We must move forward. We must pass this legislation to strengthen our national security. Although the opposition parties have already declared that they will oppose this, I would hope that they do come to their senses and join us in supporting this bill.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the parliamentary secretary should know that we are supporting the bill, but we are very hopeful that Parliament will be allowed to work. There are a lot of clauses in the bill around which there are questions, on which we need expert testimony, and on which we need legal advice.

Could the parliamentary secretary assure us that the amendments will indeed be allowed?

She went on at length about judicial oversight. However, anybody who is watching this debate knows that judicial oversight is not enough.

Judicial oversight is between the judge and CSIS, and there might be a special advocate at times protecting the public interest, which might be different every time, but CSIS is arguing why it needs the warrant. Too many mistakes have happened in the past, and Judge Mosely, on December 20, 2013, came down with a decision. He said that CSIS breached its duty of candour to the court by not disclosing information that was relevant to the exercise to the jurisdiction by the court:

...the Court...determined that the execution of the type of warrants at issue in Canada has been accompanied by requests made by CSEC, on behalf of CSIS, to foreign agencies...for the interception of the telecommunications of Canadian persons abroad.

The court concluded that this is “not authorized under any warrant issued by CSIS...”.

The point is that there is pressure on the judges. What we need in addition to that is parliamentary oversight. Will the parliament secretary support that?

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, on any activities that CSIS undertakes that requires a warrant, obviously it has to be able to prove what justifies the request for that warrant.

I certainly hope that the member opposite is not passing judgement or questioning the ability of our current judges in the judicial system to make those appropriate decisions in such cases. I mean, these are judges who have been making these types of decisions ever since warrants were invented. Obviously, warrants are integral to any type of investigation.

With respect to oversight, there are a number of measures in this bill. In fact, there would be increased reporting requirements by CSIS to SIRC. SIRC would have to report back to Parliament. It would include the number of warrants, how these warrants were used, and whether they were successful in the endeavours they pursued.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I have a question for my colleague.

Under this bill, CSIS will now decide whether one of its planned operations could violate the law or the charter, which would oblige it to request a warrant from a judge.

However, the Federal Court has previously accused CSIS of not providing all the information required when requesting a warrant.

I would like to know what exact measures will be included in the bill to ensure that CSIS co-operates and provides all of the information so that this does not happen again.

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, my last answer to the member of the Liberal Party was quite clear on how this process would work.

To be honest, I find the NDP has been so naive in dealing with the threat of terrorism. Those members talk about this legislation instilling fear into Canadians.

Just last week another incident happened in Copenhagen. There were recent attacks in Paris and Australia and right here in Ottawa in this Parliament building on October 22.

This legislation is required to protect our security and to protect Canadians. It is essential. These are common sense measures. I am not surprised that the NDP is opposing the bill. That party has opposed essentially absolutely everything we have brought forward to protect Canadians from terrorism, including making it illegal to travel overseas to engage in terrorist acts and stripping citizenship from convicted terrorists. As well, they voted against standing shoulder to shoulder with our allies in the fight against global terrorism.

[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.

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I have quite a specific question for the member.

On page 44 of the bill, there is a proposed change to be made to the Protecting Canadians from Online Crime Act. It says that if there is propaganda on a computer, and it is made available for the public, this information can be deleted.

I am wondering if the member can tell me if this means, for example, that if someone from Burnaby decides to put on his or her computer website that the person is going to cross a protest line at a pipeline protest, CSIS can now go in and delete that from that person's computer?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it was Winston Churchill who once said that “an appeaser is one who feeds a crocodile, hoping it will eat him last”.

What this bill would do is enhance and give the right tools and proper equipment to our law enforcement officials so that they can keep Canadians safe.

In1981, the McDonald Commission reported on the wrongdoing of the RCMP at the time. CSIS was created three years later, in 1984. CSIS was created with the sole purpose of investigating foreign intelligence agencies operating in Canada. Times have changed, and our security intelligence services need to change with them. We now have new threats.

If the member remembers last October, we had a terrorist incident right here in our own Parliament. We had another terrorist incident in Quebec. There have been terrorist attacks recently in Copenhagen and Paris. Our law enforcement officials need the proper tools with which to conduct the proper investigations to keep us safe.

The opposition always asks for specific incidents. Our law enforcement officers never get saves, like in baseball. We do not hear about what they stop, but we do hear about what actually gets through. Our job here is to make sure that our law enforcement officials can continue to make those saves so that we do not ever have to hear about another terrorist incident happening in Canada or anywhere else in the world.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I listened to the member for York Centre talk about how the powers in this are similar to those in the U.K., and that is true. In fact, in some instances, they do not go as far. However, in the U.K., as in the U.S., Australia, and New Zealand, there is strong parliamentary oversight. I could quote from the British document all the areas that are surveilled, but I will leave that for a later time. If we are going to compare this bill to the U.K., then let us compare it in all of its aspects. The U.K. has strong parliamentary oversight. I ask the member if he would agree that we need that strong parliamentary oversight.

Second, he talked about sunset clauses in the bill and that they would continue. That is true. Some would, but the new sections of the bill would not sunset. Proposed sections 83.221, 83.222, and 83.223 would not be sunsetted, and they ought to be.

If the member is talking about how he agrees with the sunset clauses continuing, will he agree to amendments to sunset those other clauses that are new and would not be covered?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, coming from the leaning tower of appeasement party over there, I am a little taken aback. Here is a party that first of all said that it did not support our mission in Iraq, claiming that it supported the troops but not the mission. That is reminiscent of conscription if necessary but not necessarily conscription. It seems that the Liberal Party is very adept at that.

I must say, however, that our fight against terrorism is multi-faceted, and it must evolve with the times. Terrorism is the number one threat to our country right now, and our responsibility as legislators is to the people of Canada who have sent here. They have sent us here to keep them safe, first and foremost. We are committed to that. We do not waver.

We know exactly what our job is here. It is to keep the people of Canada safe, and we will not—

[The Deputy Speaker, NDP, Joe Comartin]

Order, please. The member has exceeded his time.

Resuming debate, the hon. member for Churchill.

[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.

[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?