Bill C-22 (Historical)

An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts

This enactment establishes the National Security and Intelligence Committee of Parliamentarians and sets out its composition and mandate. In addition, it establishes the Committee’s Secretariat, the role of which is to assist the Committee in fulfilling its mandate. It also makes consequential amendments to certain Acts.

Prevention of Radicalization through Foreign Funding Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I have some thoughts I would like to share with members, and I will start with one of the criticisms from across the way, which is that this government is not concerned about a very important issue to Canadians. We have not only talked about the issue of safety, but very tangible actions have been taken, whether it is budgetary or legislative measures.

My colleague made reference to the Magnitsky legislation that was passed by the House. It received all-party support. There were many strong advocates within the Liberal caucus for that legislation. In fact, Irwin Cotler, the former member for Mount Royal in Montreal, is a very strong human rights advocate. He is very well known and respected in the world. In fact, he is one of the most able-minded individuals dealing with that. He contributed immensely in the House with respect to that act, which was discussed not only over the last couple of years but for a few years. Even under Stephen Harper, there was discussion about the Magnitsky Act.

Many of the comments we are hearing, even this evening, have been dealt with in part through the Magnitsky legislation. I have had the opportunity, not only in Ottawa but in other places, particularly in Winnipeg, to talk about the importance of the issue.

This was one piece of legislation that passed with the support of all members of the House.

However, we also introduced government legislation. Members will recall Bill C-51 and the impact that legislation had in the chamber. When the member across the way is critical of the government and says that it is not doing enough, I remind the member that two substantial pieces of legislation have been brought forward to the House.

Bill C-22 dealt with the establishment of the parliamentary oversight committee. This might even be an issue the oversight committee could discuss, once it is up and running, but I suspect it will have a fairly busy agenda. That was put in place to ensure rights and freedoms were being addressed, which is very important.

When we talk about the safety of Canadians and the radicalization of individuals who call Canada their home, we take it very seriously. At the same time, we also want to ensure that the rights and freedoms of Canadians are being protected. Therefore, that legislation was put in place.

Today, we are having a great deal of discussion about Bill C-59. Many measures within that legislation deal with safety. I do not know how many times I have heard the Prime Minister talk about the importance of ensuring that Canadians feel safe. Aside from governance, it is most important to ensure there is an element of safety. Many measures have been put in place by this government. The Minister of Public Safety and Emergency Preparedness, the minister responsible for global affairs, and members as a whole recognize what is being talked about and the concerns that Canadians have.

This is the reason I asked the questions of the sponsor of the motion. What is the motivation behind this legislation? We all want to ensure we have safe communities and there is proper legislation in place to prevent radicalization whenever we can do that. There is already a litany of measures in the Criminal Code.

I emphasize that we have proactive law enforcement agencies, security agencies, and even the Canada Border Services Agency for border control. There are many different departments in place today to protect Canadians.

One of my colleagues across the way made reference to education. We have invested, through budgets, millions of dollars for education or outreach. In fact, we launched the Canada Centre for Community Engagement and Prevention of Violence to support local initiatives. To cite a few examples, we looked at pushing back against violent extremism, addressing online terrorist propaganda and recruitment, intervening early to turn young Canadians away from the path of extremism, and supporting families and communities affected by radicalization.

I was involved with the youth justice committee for many years, and we had a wonderful RCMP officer who participated in it. I know first-hand the commitment of our women and men in the RCMP. It is about making connections and connecting the dots to promote more harmony and tolerance in our communities.

I did not like the debate that took place here regarding Islamophobia. I believe it did more damage than good inside this chamber. I still do not quite understand why we have some people in the House who do not recognize Islamophobia as something that is real.

We have to go out of our way to ensure that there is more communication among the many different groups out there. We even have a group in our caucus that meets on occasion with two different faith groups to try to bring faith communities together. This is something I believe is really important.

When I think of radicalization, one of the areas of concern I have is not necessarily what takes place in communities as much as what takes place on the Internet. The Internet is one of those areas we could spend time evaluating. Some of the problems being generated in society are because of the Internet, and we should consider ways we can address that issue.

We have seen radicalization that has stemmed from the Internet. I am concerned about the attraction it has. It is universal. It does not apply to one group of people or one faith group. Youth look at it far too often as something that might be an attractive thing to do. At times, it even crosses gender.

Many of my colleagues reach out to the community on this issue. At the end of the day, I believe we should be promoting education. It think education is the best way to combat radicalization. Whatever we can do to support that—

National Security Act, 2017

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I am wondering if my colleague could talk about how this bill would strengthen accountability and transparency by creating the national security intelligence review agency and the position of the intelligence commissioner, which I hope would also complement the National Security Intelligence Committee of Parliamentarians that was created by Bill C-22.

[Majid Jowhari, Liberal, Richmond Hill, ON]

Madam Speaker, it is with great pleasure that I rise today to speak in support of the national security act, 2017, Bill C-59. Two years ago, our government came to Ottawa with the promise that it would address the numerous problematic elements of Bill C-51, which was enacted by the previous government. Canadians agreed that in attempting to safeguard the security of Canada, Bill C-51 failed to strike a balance between security and freedom.

Today I am proud to be able to rise in this House and say that we have wholeheartedly delivered our commitment to addressing those problem areas. Our government began its commitment to achieving this goal by first reaching out to Canadians in an unprecedented consultation process, where all agreed that accountability, transparency, and effectiveness are needed from their security agencies.

Secondly, Bill C-22 was passed earlier this year, which created the multi-party National Security and Intelligence Committee of Parliamentarians. It is tasked with reviewing national security and intelligence activities through unprecedented access, with the goal of promoting government-wide accountability. On November 6, our Prime Minister followed through on this commitment by announcing the members of the committee. Today we are debating the national security act, 2017, Bill C-59, the last step in achieving our commitment to improving those problematic elements of Bill C-51. This package consists of three acts, five sets of amendments, and a comprehensive review process.

In creating the national security and intelligence review agency, the office of the intelligence commissioner, and the Communications Security Establishment, we have created the robust and effective national security establishment that Canadians have asked for. In addition, we are amending the Canadian Security Intelligence Service Act, the Security of Canada Information Sharing Act, and the Secure Air Travel Act to strengthen the role of the Charter of Rights and Freedoms, limit the collection of personal information, safeguard Canadian rights to peaceful assembly, and fix problems with the no-fly list.

Finally, our amendments to the Youth Criminal Justice Act would ensure young persons would be provided with all appropriate child protection, mental health, and other social measures needed when faced with a terrorism-related offence. Through my work on the mental health caucus, I know how important it is for all Canadians, especially those of marginalized groups, to have access to all available safeguards, services, and measures when navigating the criminal justice system. Therefore, I am pleased to speak today specifically about these proposed amendments to the Youth Criminal Justice Act included in part 8 of the national security act, 2017.

My riding of Richmond Hill is an incredibly diverse and vibrant riding, where over half of my constituents are Canadians from an immigrant background. Of these, the majority are youths and young families under the age of 30. For this reason, I am proud to say that through this set of amendments, our government is taking action to ensure that all youth involved in the criminal justice system are afforded the enhanced protections provided by Canada's Youth Criminal Justice Act, while also holding them accountable for their actions.

The Youth Criminal Justice Act, or YCJA, is the federal law that governs Canada's youth aged 12 to 17 who commit criminal offences, including terrorism offences. The YCJA recognizes that the youth justice system should be separate from the adult system, and based on the principle of diminished moral blameworthiness of youth. It emphasizes rehabilitation and reintegration, just and proportionate responses to offending, and enhanced procedural protections for youth. The act also recognizes the importance of involving families, victims, and communities in the youth criminal justice system. The YCJA contains a number of significant legal safeguards to ensure that young people are treated fairly and that their rights are fully protected, for example, the identity publication ban, and significant restrictions on access to youth records.

Young people also have enhanced right to counsel, including state-provided counsel, and the right to have parents or other guardians present throughout key stages of the investigation and judicial processes. If a young person is charged, all proceedings take place in youth court. In addition, the YCJA would establish clear restrictions on access to youth records, setting out who may access youth records, the purpose for which youth records may be used, and the time periods during which access to records is permitted. Generally speaking, although the offences set out in the Criminal Code apply to youth, the sentences do not. Instead, the YCJA sets out specific youth sentencing principles, options, and durations. There is a broad range of community-based youth sentencing options, and clear restrictions on the use of custodial sentences.

Turning now to Bill C-59, it is important to recognize that there have been very few cases in Canada in which a young person has been involved in the youth criminal justice system due to terrorism offences. In total, we have had six young people charged since 2002. Two were found guilty, three were put under a peace bond, and one had the charges dropped. Nonetheless, it is important to ensure that when this occurs, the young people are held to account, but also that they are afforded all of the enhanced protection under the YCJA. It is perhaps even more important in terrorism-related offences that we do everything in our power to reform young offenders so that future harm is prevented.

Part 8 of Bill C-59 would amend the provision of the YCJA to ensure that youth protections apply in relation to anti-terrorism and other recognizance orders. It also provides for access to youth records for the purpose of administering the Canadian Passport Order, subject to the special privacy protections set out in the YCJA. The bill would also make important clarifications with respect to recognizance orders. Although the YCJA already provides youth justice courts with the authority to impose these orders, several sections of the YCJA would be amended to state more clearly that youth justice courts have exclusive jurisdiction to impose recognizance on youth. This would eliminate any uncertainty about the applicability of certain rights of protection, including the youths' right to counsel. In addition, there is currently no access period identified for records relating to recognizance. Therefore, the YCJA would be amended to provide that the access period for these records would be six months after the order expires.

With respect to the Canadian Passport Order, Bill C-59 would amend the YCJA to specifically permit access to youth records for the purpose of administering Canada's passport program. The Canadian Passport Order contemplates that passports can be denied or revoked as a result of certain criminal acts, or in relation to national security concerns. For example, section 10.1 of the Canadian Passport Order stipulates that the minister of public safety may decide to deny or revoke a passport if there are reasonable grounds, including that revocation is necessary to prevent the commission of a terrorism offence, or for the national security of Canada or a foreign country or state.

The current YCJA provisions governing access to youth records do not speak to access for passport matters. As noted, Bill C-59 would allow access in appropriate circumstances. However, it is important to note that the sharing of youth information on this provision would still be subject to the special privacy protection of the YCJA. Canadians can be assured that our government is addressing the national security threat while continuing to protect democratic values, rights, and freedoms for Canadians. Those two goals must be pursued with equal dedication.

I encourage all my colleagues to vote in support of the bill.

Customs Act

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I thank my colleague for his speech.

It is interesting, because one of the things he emphasized was the idea of combining this with other information to help intercept someone who is known to authorities. That would be just another piece of the puzzle. However, there is a problem with that. When we look at some of the human rights violations created by the Government of Canada, for example, in cases such as that of Maher Arar, the sharing of information was often one of the problems. In fact, sharing information, in certain situations where profiling occurs, can insinuate something about an individual and lead to horrible and tragic situations like the one that Mr. Arar went through.

When we look at the proposed system, to allow more information to be shared, I wonder whether the hon. member realizes how little we can trust the process, especially in light of the current administration. Simply increasing the sharing of information without really putting in place adequate accountability procedures, is a problem.

For example, the Canada Border Services Agency is one of the only agencies responsible for dealing with national security, and before Bill C-22 was passed, it did not have a review mechanism, let alone any oversight, because no real-time monitoring was being conducted. Obviously, we have complete confidence in the men and women working on the Canadian side of the border, but what is happening on the American side is a different story, considering the racial profiling that is going on there.

Is the member not worried about this exchange of information? Before he tells me that the Privacy Commissioner was involved in this work, let us remember that, in the speech the minister gave about this bill, he said that the Privacy Commissioner should conduct further assessments after the bill was passed. That hardly inspires confidence.

Does the member not agree that the most important thing is protecting human rights? The government does not have a great track record in that regard when it comes to information sharing.

Preclearance Act, 2016

[Mark Holland, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, it gives me great pleasure to rise again to speak to Bill C-23. I had an opportunity to illuminate many of the great benefits the bill would bring to Canadians in my speech at second reading.

I want to begin my comments by thanking all the members of the Standing Committee on Public Safety and National Security for their work. It is evidenced by the fact that our government adopted all of the committee's amendments, including the NDP amendment for a five year review. There is an excellent relationship between the committee and our ministry in making sure we have the most effective bill possible. It has been a pleasure to work with the committee members, and I want to take the opportunity now at third reading stage to thank them.

It is appropriate that we are speaking to Bill C-23 on the eve of summer. Many Canadians are getting ready for their travel plans, visiting family, or taking a vacation. One of the things they do not want to deal with on vacation is long lines, hassles, and problems getting to where they want to go.

Preclearance would help us facilitate the movement of goods, services, and people, making sure people are avoiding long lines, and that they can expand the number of destinations they can go to. In fact, some 12 million passengers each and every year in the airline sector alone already use preclearance. Some people may use preclearance, and not even realize they do. People flying out of Pearson have the opportunity to go through customs before landing on U.S. soil, which not only accelerates the opportunity for them to get to work, see family, or start their vacation, it also means they get to have that process happen on Canadian soil. I will get back to that in just a moment.

On the range of airports, it means there are a vast number of airports that suddenly open up to airline passengers as if they are domestic travellers. If people want to go to Nashville, for example, in the absence of preclearance, they will be in for a lot of transfers. With preclearance, they get to go there directly, roughly doubling the number of cities they can travel to as Canadian citizens. That is certainly a big benefit as a traveller.

The other point, which is incredibly important, is that often in this debate, we have a discussion in abstraction about whether or not there will be issues with moving preclearance on this side. Aside from the fact that it has already been happening for six decades, there is the point that someone who is already travelling to the United States gets to have that process happen on Canadian soil. The great benefit of that is that individuals have the opportunity to have the full protection of the Canadian charter, the Canadian Bill of Rights, and Canadian law, generally, so that if something were to happen that they did not agree with, there is the opportunity in the process to have that protection on Canadian soil.

It is important to look at this in conjunction with the work we are doing on oversight, more generally, to ensure as we look at our oversight mechanisms more broadly, when someone does have problems, CBSA has independent oversight. Members can see what is proposed with oversight more generally with Bill C-59, which was tabled just yesterday. It was the largest update of our security intelligence framework since the creation of CSIS. It would put in place rigorous and effective oversight, both in the form of a security and intelligence review body, but also in the form of a committee of parliamentarians. I was very pleased to see the Senate adopt BillC-22 without amendment yesterday. It will allow us to bring forward that committee of Parliament.

Therefore, it can be seen that we are looking at oversight, and making sure that the laws and powers that are extended have rigorous oversight. Of course, one of the great advantages of having preclearance happen on Canadian soil is the leverage. If something were to go wrong, there is the opportunity to have discussions bilaterally with our U.S. neighbours to ameliorate that.

There have been some questions about different elements of the bill. For example, if people walk into a detention area, they have to explain why they are there. Some people have taken issue with that, saying there should not be unnecessary delays. Of course, that is exactly the language of the bill. One should only be detained for a limited period of time, and it should only be to ascertain necessary information. Some people have asked, why? Very importantly, we could imagine that if somebody walked into a detention area, was just looking around, casing out a preclearance zone, and then made a decision to leave, we want to know why they were there, why they showed up. Asking questions in that regard is extremely important.

I spoke to many of these matters when we were at second reading. I want to come to the testimony we heard at committee. The committee had an excellent opportunity to hear from a very wide array of witnesses as to the economic and other benefits that would come as a result of Bill C-23.

We are all aware of the aspirations of the Jean Lesage and Billy Bishop airports. It is important to enumerate and talk about some of the other witnesses we heard from in terms of the benefits of this bill. In conjunction with that, technical briefings were provided to parliamentarians by Public Safety Canada and the Canada Border Services Agency that expanded upon some of the concerns, and I hope answered them.

I would like to go to the individuals from a variety of sectors such as tourism, Canada-U.S. trade, airports, and others. They told the public safety committee how preclearance would benefit their businesses. On that basis, I am going to begin with the tourism industry.

Rocky Mountaineer, one of the sites included in preclearance expansion, spoke to committee about how the current customs process works at their station in Vancouver, B.C. With routes that run between Vancouver and Seattle, Rocky Mountaineer currently uses post-clearance customs and immigration processes.

For example, on a southbound journey, U.S. customs and border protection officers conduct customs proceedings on arrival in Seattle. It can take 30 to 45 minutes to clear an entire train upon arrival. With preclearance, passengers would be cleared as they arrive to the train station, similar to the experience they go through at one of the eight Canadian airports with preclearance operations, some of which I was referring to earlier. Instead of a large group of people arriving simultaneously to be cleared, passengers could be managed as they arrive, and check in for their trip. It would be a more comfortable and manageable experience for passengers, and much more efficient for customs and immigration officers. That is the primary goal of Bill C-23 more broadly, to make the traveller experience more efficient, while maintaining security standards at the border.

As the Business Council of Canada pointed out during its testimony to committee, travellers seek out the path of greatest convenience and least resistance in air travel. It is not just the convenience factor, but there is a major economic benefit to the changes being talked about today. As Canadians or others are contemplating what kind of travelling they may want to do this summer, or any point in the year, they are going to choose the options where they are least inhibited, and are going to be dealing with the least number of headaches. Helping facilitate that is only in our best interest, particularly when we are thinking of foreign visitors who may be attempting to travel in and around North America.

preclearance would give Canada a competitive advantage. It would increase the number of destinations Canadians could travel to directly. I gave examples earlier, and Reagan airport in Washington is another great example. Without preclearance facilities, a traveller from Ottawa would not be able to fly directly to Reagan because it does not have customs and immigration facilities. I gave the other example earlier of Nashville.

Once travellers would be pre-cleared in a Canadian airport, they would arrive in the United States just like any other domestic travellers in the U.S. It would let them step off the plane immediately, make a connection, head to a meeting, or begin their vacation, all because they were able to pre-clear at the start of their travels in Canada.

The Business Council of Canada further stated that our country has a great desire for increased trade investment in tourism, and expanding preclearance would give a tremendous competitive advantage. It is worth noting that, in an age when there is so much competition for trade and commerce, anything we can do to eliminate obstacles and red tape, and move people, goods, and services in a better fashion is only to our advantage. Where we do not put it in place, we have a competitive disadvantage that is incredibly inhibiting. What we heard in testimony is how important it is to have preclearance go through to make sure we continue to have a strong competitive advantage.

Billy Bishop Airport also spoke specifically to this advantage. It has worked extensively to bring preclearance to the Toronto Island Airport over the last several years, and would work to implement preclearance facilities at its airport with the passage of Bill C-23.

I have had the opportunity to meet with the folks who are responsible for Billy Bishop, and they are ready to go. They foresee enormous economic benefits, not only for that airport, but for the entire greater Toronto region, and of course for the Canadian economy.

Billy Bishop welcomed 2.7 million passengers in 2016 alone, generating $2.1 billion as an economic impact per year. It is a huge amount, and that is before it has preclearance. It is the sixth-largest departing airport for U.S.-bound passengers, and the ninth-largest airport in Canada. Expanding preclearance to Billy Bishop will promote speed, access to increased destinations, and efficiencies, all without compromising security or safety of the border. In fact, from my earlier comment earlier, it would enhance them. It would make sure that Canadians are getting their preclearance done on Canadian soil under the full protection of Canadian law.

Toronto Pearson International Airport is the original example of the benefits of preclearance, as the original airport to be granted preclearance. As the Greater Toronto Airport Authority testified before committee, each new link or flight route is an opportunity for trade and jobs, something I do not think anybody in this House wants to stand between.

Toronto Pearson has become the fourth-largest air entry point into the United States. It pre-cleared six million passengers last year alone. It has had a 30% increase in preclearance traveller growth in the past five years. Quite simply, these numbers demonstrate the undeniable need for expansion and preclearance. If we see the benefit and impact of preclearance at Pearson, and we imagine Billy Bishop and all the other locations that are contemplating preclearance, and we magnify that increase in travel and that increase in commerce, it is not hard to get to a very significant number and the billions of dollars in increased activity for our economy.

The Tourism Industry Association of Canada spoke to these benefits as well. It noticed last year that $91.6 billion was generated from tourism revenues in Canada alone. Over 627,000 Canadians are employed in the tourism industry. It is a massive number of people who are counting on us to have a regime that works for them, and facilitates movement of people, goods, and services.

As Canada's tourism industry grows, we must ensure that we are doing all we can to modernize and expedite the flow of people and products across our border with the United States. Not only does preclearance attract tourists, but it can attract the air service, and allow airports to offer enhanced connectivity in an incredibly competitive global industry. It is a huge boon for both travellers and airports.

Canadian airports connect and manage over 133 million passengers each and every year. Of those, 9.8 million are tourists to Canada. In 2015, 12 million travellers were pre-cleared in Canadian airports to travel to the United States. The expansion of preclearance to additional airports and other modes of travel, such as rail, will build on the success of preclearance operations. The economic and traveller benefits cannot be overstated. As we heard from many in the tourism, airport, rail, and Canada-U.S. trade industries, these changes are absolutely vital. Bill C-23 would ensure that more Canadians have access to preclearance, while making border travel and trade easier, more profitable, and more secure.

Perhaps in the closing time that I have, I can go over some of the concerns that have been raised, and how we think those concerns can be fully addressed. One of the concerns that was raised, both during the committee proceedings and outside of them, was the ability for officers to conduct strip searches of travellers in Canada.

The rules governing searches by U.S. preclearance officers will be almost the same under Bill C-23 as they are right now. A U.S. officer will still have to ask a Canadian officer to conduct a search involving the removal of clothing. The only difference is that in a rare circumstance that a Canadian officer is unavailable, the U.S. officer would be able to conduct the search. Any search by an officer of either country would be subject to the Charter of Rights and Freedoms. It is important to note just how rare a circumstance that would be, that a Canadian officer would not be present, but also how important, that if there were not a Canadian officer, that search could still take place.

Sometimes individuals have something on their person that could represent an immediate risk and danger to officers, and if officers are unable to conduct that search, it could put them at great risk, so it is something that cannot be deferred or simply held back.

Some people have asked what protections would exist for a transgender traveller being strip-searched by a U.S. officer. I can say that CBSA has policies in place allowing exceptions to the rule that strip searches must be conducted by an officer of the same sex as the traveller. For instance, in the case of a transgender person, searches of this nature by U.S. preclearance officers in Canada would be conducted in accordance with CBSA procedures and Canadian human rights jurisprudence. U.S. officers would be provided training to ensure that their conduct met these standards. This is yet another benefit of undergoing U.S. border procedures on Canadian soil.

I think I have explained why people have to identify their purpose when they arrive in a preclearance zone, so I will not talk about that any further.

Some people have questioned the term “unreasonable delay”. They have suggested that “unreasonable delay” of someone in a preclearance area is overly vague. Liberals would disagree. The concept of reasonableness is used widely in legislation and case law and usually means that other people in the same situation would reach the same conclusion or behave in the same way.

With respect to officer authorities, it has been used to refer to generally accepted standards. In fact, when the existing preclearance law was being debated in 1999, the NDP at that point argued in favour of adding the word “reasonable” to the section on the use of force as a way of limiting officer authorities. Certainly the NDP, in 1999, agreed that the term was specific enough to provide the protection and coverage required.

Others have questioned whether Bill C-23 would entitle U.S. officers to carry guns in Canadian airport terminals. The answer is no. Let me be very clear on this point. American officers would carry the same weapons as Canadian border officers in the same environment, without exception. Canadian border officers carry firearms at land, rail, and marine ports of entry, so U.S. preclearance officers would do the same. However, Canadian border officers do not carry firearms in airport terminals, so neither would Americans.

The same principle of reciprocity would apply to Canadian officers conducting preclearance in the U.S. One of the important tenets of the agreement reached with the Americans is the element of reciprocity. We would never see U.S.border officers with guns or comporting themselves in ways that would not be applied in the U.S. under similar circumstances.

It is worth mentioning that our hope and aspiration in passing this bill is that not only would preclearance be vastly expanded to include more locations across Canada but that we would see the same economic benefits and the benefits of the rapidity of travel we saw at YYZ . However, we hope, and have every reasonable expectation to believe, that the Americans will themselves also engage in preclearance in the opposite direction, which would have tremendous economic benefits and is something we would open by adopting Bill C-23.

The last question put to us was the question of permanent residents of Canada being denied entry by Canadian preclearance officers in the U.S. That is not a concern. In almost all cases, permanent residents would be treated exactly the same way in preclearance areas as they would be at any other entry point in Canada. The rare exception would be where there was a major issue of inadmissibility, such as serious criminality. Such individuals would still come to Canada, subject to the usual admissibility rules, at an ordinary point of entry. They just would not have the benefit of preclearance.

I hope I was able to outline for the House the tremendous benefits we have before us with Bill C-23. We need to get moving on this so we can help our tourism industry, trade, and Canada more generally.

Amendments to Standing Orders

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I agree that there have been some positive changes in this Parliament, such as the example the member gave of the electoral reform committee, which is something I was very proud of. I do not see why we cannot bring other committees in that would be more representative and have more independents on them. Indeed, there are standing committees and there are standing committees. We would also have a committee of parliamentarians established, under Bill C-22, which is not even within the realm of the Standing Orders. It is entirely separate.

Parliament is an infinitely adaptable institution. We have shown that in the examples the member gave and with the committee of parliamentarians. I think we can do better if we work together, but that is not addressed in what is before us in the motion.

Extension of Sitting Hours

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 23, 2017:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division requested after 2:00 p.m. on Thursday, June 22, 2017, or at any time on Friday, June 23, 2017, shall be deferred, except for any recorded division which, under the Standing Orders, would be deferred to immediately before the time provided for Private Members’ Business on Wednesday, September 20, 2017;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(g) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) no dilatory motion may be proposed after 6:30 p.m.;

(j) notwithstanding Standing Orders 81(16)(b) and (c) and 81 (18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.; and

(k) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I rise to speak to government Motion No. 14. For the benefit of members, the motion would extend the sitting of the House until we rise for the summer adjournment.

We have much to accomplish in the coming weeks. Our government has an ambitious legislative agenda that we would like to advance in order to deliver on the commitments we made to Canadians in the last election. Let me reflect on our recent legislative achievements before I turn to the important work that lies before us over the next four weeks.

In our last sitting week, the House and Senate were able to reach agreement on securing passage of Bill C-37, which would put in place important measures to fight the opioid crisis in Canada. I would like to thank members of the House for the thoughtful debate on this bill and for not playing politics with such an important piece of legislation. In particular, I would like to thank members of the New Democratic Party for co-operating with the government to advance this bill when it was in the House and for helping us dispense with amendments from the Senate. This was a high watermark for the House and I hope that we can take this professional and courteous approach forward. I would also like to thank senators for their important contributions to this bill.

I would also like to point out the passage of two crucial bills related to trade. The first, Bill C-30, would implement an historic trade agreement with the European Union. The second, Bill C-31, would implement a trade agreement with Ukraine, a country that is dear to many members.

I am proud that our government continues to open the doors to trade and potential investment in Canada to grow our economy and help build a strong middle class.

In looking forward to the next four sitting weeks, I would like to highlight a few priority bills that our government will seek to advance. I will start with Bill C-44, which would implement budget 2017. This bill is about creating good middle-class jobs today while preparing Canadians for the jobs of tomorrow.

I will provide some examples of the initiatives that will contribute to building a strong middle class. The budget makes smart investments to help adult workers retain or upgrade their skills to adapt to changes in the new economy and to help young people get the skills and work experience they need to start their careers.

The budget also provides for investments in the well-being of Canadians, with the emphasis on mental health, home care, and health care for indigenous peoples.

Bill C-44 would provide financing to the provinces for home care and mental health care. It would also create leave for those who wish to care for a critically ill adult or child in their family. These initiatives help build stronger communities.

I would also like to point to initiatives in the budget that deal with gender equality. The first-ever gender statement will serve as a basis for ongoing, open, and transparent discussions about the role gender plays in policy development. Our government has other initiatives that aim to strengthen gender equality. For example, Bill C-25 encourages federally regulated companies to promote gender parity on boards of directors and to publicly report on the gender balance on these boards.

Another bill, which I will discuss in greater detail later in my remarks, is Bill C-24, a bill that would level the playing field to ensure a one-tier ministry. The bill has a simple premise. It recognizes that a minister is a minister, no matter what portfolio he or she holds.

Our government has committed to legalizing and strictly regulating the production, distribution, sale, and possession of cannabis. I look forward to the debate on this important bill tomorrow. I will note that the bill would provide strong safeguards and deterrents to protect young people from enticements to use or access cannabis.

The government has taken a responsible approach in seeking to legalize cannabis by ensuring that law enforcement agencies have approved methods to test the sobriety of drivers to guard against cannabis use while operating a motorized vehicle. This afternoon, the House will continue to debate this bill, which, I will happily note, has support from all opposition parties in the House. I hope that we can agree to send this bill to committee on Wednesday.

Now I would like to return to our government's commitment to improving gender equality. Bill C-24, which stands in my name, seeks to formalize the equal status of the ministerial team. This bill is very straightforward in its nature. It is fundamentally about the equality of all ministers. We strongly believe that the Minister of Status of Women should be a full minister. We believe that the Minister of Science and the Minister of Democratic Institutions should be full ministers.

I am disappointed that the Conservatives do not share this fundamental belief in equality. I think we should send this bill to committee for a detailed study of what the bill actually does.

I would like to draw members' attention to another piece of legislation, Bill C-23, regarding an agreement with the United States on the preclearance of persons and goods between our two countries.

This bill is currently being studied by the Standing Committee on Public Safety and National Security. The principle of the bill is simple. It is about ensuring a more efficient and secure border by expanding preclearance operations for all modes of transportation. This will increase the number of trips and the volume of trade, which will strengthen both of our economies.

As members may know, preclearance operations currently take place at eight Canadian airports, and immigration pre-inspection is also conducted at multiple locations in British Columbia in the rail and marine modes.

Once that bill comes back from committee, I hope that we can work together to send it to the other place.

In our last sitting week, our government introduced comprehensive modernization of our transportation systems. A strong transportation system is fundamental to Canada's economic performance and competitiveness. Bill C-49 does just that. The bill would enhance the utility, efficiency, and fluidity of our rail system so that it works for all participants in the system. Freight rail is the backbone of the Canadian economy. It moves everything from grain and potash to oil and coal, to the cars we drive, the clothes we wear, and the food we eat.

I would also like to draw to the attention of members provisions in Bill C-49 that would strengthen Canada's air passenger rights. While the precise details of the air passenger rights scheme will be set out in regulations, the objective is that rights should be clear, consistent, transparent, and fair for passengers and air carriers.

Finally, our government committed to creating a national security and intelligence committee of parliamentarians. Bill C-22 seeks to accomplish two interrelated goals, ensuring that our security intelligence agencies are effective in keeping Canadians safe, while at the same time safeguarding our values, rights and freedoms, and the open, generous, inclusive nature of our country.

I appreciate the work that was done in the House committee to improve the bill. The bill is currently before the Senate national security committee, and I look forward to appearing before that committee with my colleague, the Minister of Public Safety and Emergency Preparedness.

Sitting a few extra hours for four days per week will also give the House greater flexibility in dealing with unexpected events. While it is expected that the Senate will amend bills, it is not always clear which bills and the number of bills that could be amended by the Senate. As we have come to know, the consideration of Senate amendments in the House takes time. This is, in part, why we need to sit extra hours. I know that members work extremely hard balancing their House duties and other political duties. I expect that extending the hours will add to the already significant workload.

I wish to thank members for their co-operation in these coming weeks. As I reflect upon my time as government House leader, there were examples where members of the House came together, despite their political differences, and advanced initiatives that touched directly upon the interests of all Canadians. I hope that over the four remaining sitting weeks before we head back to work in our ridings, we can have honest and frank deliberations on the government's priorities and work collaboratively to advance the agenda that Canadians sent us here to implement.

In the previous Parliament, when the government decided to extend the sittings in June of 2014, Liberal members supported that motion. We knew then, as we know now, that our role as legislators is a privilege, and we discharge our parliamentary functions in support of our constituents.

There will be initiatives that the government will bring forward over the coming weeks that will enjoy the support of all members, and there will be issues on which parties will not agree. Our comportment during this time will demonstrate to Canadians that we are all in this together, despite our differences, for the good of this great country. Let us not lose sight of that.

I believe the motion before the House is reasonable. I hope opposition members can support sitting a few extra hours for four days a week for the next few weeks to consider important legislation for Canadians.

Reference to Standing committee on Procedure and House Affairs

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I do not know where my colleague gets the idea that our votes are not free, for I can assure him that they are. I do not understand why he would question the fact that we are mature enough to have robust discussions and then arrive at a certain consensus.

This makes two questions in a row, from two parliamentary secretaries, two representatives of the executive, that have attempted to bring up the Bloc Québécois or the operation of the NDP, even though we are talking about the operation of Parliament.

The example given by the Liberals is interesting. They speak of free votes and say that the Liberal backbenchers have won votes in spite of the government’s position, but when Bill S-201 received the support of Liberal backbenchers, the justice minister referred it to the Supreme Court. Furthermore, the amendments to Bill C-22 that were supported by certain Liberal members on the Standing Committee on Public Safety and National Security are going to be reversed in the House.

It is all well and good, then, to say they have free votes and to congratulate themselves on that, but if the government can do an about-face on issues of fundamental importance such as medical assistance in dying and the committee of parliamentarians that will be overseeing national security agencies, then it is only smoke and mirrors. In any case, with the proposed changes, we may not even have to get up to vote any more. We will have remote voting or something.

I want to bring my Liberal colleagues back to the essential issue. To guarantee us that members’ privilege to represent their fellow citizens is properly defended, we ask for one simple thing: consensus.

Why are they unable to offer us that?

National Security and Intelligence Committee of Parliamentarians Act

[The Speaker, Geoff Regan]

I wish to inform the House of an administrative error that occurred with regard to Bill C-22, an act to establish the national security and intelligence committee of parliamentarians and to make consequential amendments to certain acts.

Members may recall that the House studied a number of motions at report stage. On March 20, 2017, the House adopted some of those motions and rejected others. One of the rejected motions was Motion No. 7, moved by the hon. member for Victoria, which was intended to delete clause 31 of the bill.

The House concurred in the bill, as amended, at report stage with further amendments and eventually adopted the bill at third reading on April 4, 2017.

As is the usual practice following passage at third reading, House officials prepared a parchment version of the bill and transmitted this parchment to the Senate. Due to an administrative error, the version of the bill that was transmitted to the other place was prepared as if Motion No. 7 had been adopted and clause 31 had been deleted, with the renumbering of another clause in the bill as a result. Unfortunately, the mistake was not detected before the bill was sent to the other place.

I wish to reassure the House that this error was strictly administrative in nature and occurred after third reading was given to Bill C-22. The proceedings that took place in this House and the decisions made by the House with respect to Bill C-22 remain entirely valid. The records of the House relating to this bill are complete and accurate.

However, the documents relating to Bill C-22 that were sent to the other place were not an accurate reflection of the House’s decisions.

Speaker Milliken addressed a similar situation in a ruling given on November 22, 2001, found on page 7455 of Debates. My predecessor also dealt with a similar situation in a statement made on September 15, 2014, found on page 7239 of Debates. Guided by these precedents, similar steps have been undertaken in this case.

First, once this discrepancy was detected, House officials immediately communicated with their counterparts in the Senate to set about resolving it. Next, I have instructed the Acting Clerk and his officials to take the necessary steps to rectify this error and to ensure that the other place has a corrected copy of Bill C-22 that reflects the proceedings that occurred in this House. Thus, a revised version of the bill will be transmitted to the other place through the usual administrative procedures of Parliament. Finally, I have asked that the “as passed at third reading” version of the bill be reprinted.

The Senate will, of course, make its own determination about how it proceeds with Bill C-22 in light of this situation. I wish to reassure members that steps have been taken to ensure that similar errors, rare though they may be, do not reoccur.

I thank hon. members for their attention.

Reference to Standing Committee on Procedure and House Affairs

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, as you pointed out, this motion is before us again because, last week, the Liberals decided to shut down debate on a question of privilege concerning MPs' access to Parliament Hill.

I also want to remind everyone that the Chair made it clear this was unprecedented. We have a government that not only decided to shut down debate on a question of privilege about MPs' access to Parliament Hill, but did so cavalierly.

The Chair ruled on the matter and emphasized that it is of utmost importance. As our Standing Orders clearly state, questions of privilege take precedence over everything else, not because we like to spend time talking about ourselves, but because privilege is what enables us to do our job. Access to the Hill and our presence in the House of Commons are central to our ability to do our job.

Once again, recognizing what the Speaker has rightly highlighted about being on topic, I think these issues start to get a bit mixed up. The reason they do is that we have a government that has decided to end the debate on the question of privilege that is now before this House. Why? What is happening over on the government side, on the Liberal benches, that it would decide to do something that is unprecedented, that has never been done before, and end the debate on a question of privilege, which, as our rules say, is the core issue with which the House should be seized?

That is a question that, unfortunately, despite our attempts, we did not get an answer to from the Liberal speaker who just rose, I assume on behalf of the government. That is problematic.

I think the government decided to put an end to this discussion because it could not take the heat. It is starting to have a hard time reconciling the things it said during the election campaign and the way it treats Parliament. This is directly affecting our ability to do our job.

I want to stick to the issue of access to the Hill, which we have talked about at length, because I need to express my deep frustration. In a few weeks, it will be six years since I became a member of Parliament. I have seen this matter come up time and time again, and I still do not understand why a solution cannot be found, although I am well aware that these things are never perfect.

Before I go any further, I think it is extremely important to recognize the work done by the RCMP and the parliamentary security officers in Centre Block and everywhere on the Hill. This is not about pointing the finger at anyone, and that is precisely why we have a motion that calls on the Standing Committee on Procedure and House Affairs to study the matter.

That is why my Conservative colleague moved an amendment for this to be the first item on the committee's agenda. It is because this issue comes up too often and is causing a lot of problems. This could affect new members, who may not be very familiar with our privileges despite the best efforts of the people who provide us with training when we arrive here. As my colleague said earlier, it feels quite strange when security officers know what we look like and know our names. That is quite impressive and can take us by surprise.

A new member who arrives at the bottom of the Hill before a vote when a foreign dignitary is on the Hill, or when the Prime Minister's vehicles are blocking the way, may not necessarily boldly invoke his privilege as a member and go ahead in order to get to his seat. He would not say it out of a sense of self-importance, but because he represents his constituents by voting, giving a speech, or carrying out any of his duties in the House.

It reminds me of a story involving one of my former colleagues, Jean Crowder. She and I were participating in, not a protest but a gathering, on the Hill. Some folks were here on the Hill to represent an issue. There were members from all parties at this gathering. Speeches were made by representatives of all parties.

We went back up the steps, and the security guard did not recognize me. I had only been a member for two months, and I did not have my pin. Sometimes I do not have it now. Sometimes I forget it on another suit jacket. I have had that issue before, so I always keep my ID card handy. That is the alternative.

That being said, even if a member has the pin, there is a jacket over it. Ottawa, with its lovely tropical climate, can get to a balmy -40 in the winter. We nonetheless have these gatherings, because some groups are courageous enough, and issues cannot wait until June. Sometimes these folks who are coming to the Hill to represent and lobby for issues they hold dear have to be here in January.

We walked up the steps, and the security guard did not recognize me. I said, “Oh, I am sorry.” I was fiddling, looking for my pass. Jean Crowder, who was a person I had never seen be curt with people said, “No. This is a member of Parliament. He has the right to pass.” The security guard said, “Okay”, and backed off.

Again, as my Conservative colleague so rightly pointed out, it is not a lack of humility that leads us to have this instinct, which we certainly do not have as new members. It is a question of being able to come here to do our jobs and represent Canadians.

That is why we call it privilege. That is why the government ending the discussion of that very privilege, and the Speaker stating that it is unprecedented, should say a lot about what the government is doing.

The Liberals shut down debate on our ability to do our work. Our privilege is our ability to do our work, which is to represent our constituents. The fact that the government shut down debate on protecting these privileges tells the House and the people listening a lot about this government's priorities.

That is the link to the discussion we are having right now. That is the government's approach. It wants to talk about privilege and the ability of members to do their job. The government wants to hear their ideas, but it does not want to provide them with a proper process that would let them have their say. As I said earlier, it is a dialogue of the deaf.

It is very problematic because something very important is being called into question. We were given examples of what happens in Great Britain under the Westminster system.

Without straying too far off topic, I just want to add that during debate on Bill C-22 and in the committee that analyzes and studies matters of national security, we said that we could elect the chair the same way they do in Great Britain. The government said that we must not move too quickly, that Canada was new to the idea, while Great Britain had several years to figure out how it would work. The hypocrisy is pathetic.

It is disappointing to see that when it works in the government's favour the government provides examples from around the world, but when it does not suit the narrative, the government ignores other examples. That is why it is important to have a structured process that allows the opposition parties to have their say.

This is not something new. This is how it has always been done, whether it was Stephen Harper, Paul Martin, Jean Chrétien, or anyone who came before them. This is how we have always changed the rules of the game. That is what they are. I know that game analogies are something we might chafe under. It is not always the best example to use, because what we do is not a game, but these are the rules that govern this place.

The Liberals now might feel that this is a good thing and that they can do it unilaterally and ram it through. What happens, after they create that precedent, when it is a Conservative prime minister, or, being an eternal optimist, a New Democrat prime minister or another Liberal prime minister with whom these members may not necessarily agree? Many of them, I have no doubt, ran because they appreciated the approach of this Prime Minister, but maybe another Liberal leader not so much.

As I saw in The Hill Times earlier today, a former Liberal MP was on the Hill today saying that this filibuster is a waste of time. That sounded like a criticism of the opposition, but it was not. He said he did not understand why his party created a toxic environment that is now leading the opposition to this recourse. That is the problem. They are trying to paint the opposition as the bad guys here, but we are just using the limited tools we have at our disposal, which they are trying to take away. They tried to do it with this question of privilege we are debating today by cutting off debate. That says a lot about their approach.

That debate, at its very core, is about our ability to do our jobs. It is not “Let us move to government orders, because we are here to be efficient and to pass legislation.” I am here to defend my privilege, because my privilege is not my privilege; it is the ability of my constituents to be heard, and ending that debate ends my ability to defend their ability to be heard in this place, and that is simply unacceptable.

The Liberals keeps using words like “modernization” and “discussion”, but those are just words. We cannot have a discussion until parameters are set for that discussion. A union would not have conversations with the employer in the hallway. There is a process and guidelines for collective bargaining. Similarly, teachers cannot teach their students whatever they want. They have to follow a curriculum. Every discussion on fundamental issues is structured.

Why does the government fail to see that this is not about the substance, but the process that we will use to get to our findings? Every other prime minister recognized that the process was the cornerstone of all this. Jean Chrétien and Paul Martin recognized it, and despite our considerable political differences, I will even acknowledge that Stephen Harper recognized it.

There are a lot of new members on the other side of the House, and I have had the opportunity to meet many of them either at functions on Parliament Hill or in committee. Most of them have told me that they ran as Liberals to do politics differently because their country and their Parliament was suffering. I told them they were exacerbating the problem they were meant to fix.

Everyone here is to blame for the toxic environment that currently exists, but the fault lies primarily with the government, which is unilaterally imposing sweeping changes. The government claims it is only acting to keep its election promises, but it never promised to impose anything on the opposition. The government promised to make Parliament work better. It lights fires and blames the opposition, and then cuts short debates on questions of privilege and the workings of Parliament. That is the opposite of making Parliament work better. That is the opposite of what motivated most of the Liberal members to go into politics, many of them for the first time.

What message is the government sending to those who really want to support us so that we can improve Parliament? It is not the same message that the Liberals were sending during the election campaign. It is not the same message as the one the government is trying to send with its supposed discussions. It is the very opposite.

I want to look at a great example south of the border, because the government seems intent on looking at the examples from other countries, whether they be Westminster models or otherwise. I look at what happened last week when the U.S. Senate was approving a Supreme Court nominee, which, dare I say, is probably one of the most fundamental responsibilities of a legislative body, given the importance that the Supreme Court has both here in Canada but also, looking at that example, in the United States.

What happened when there was a risk that Democrats in the Senate might engage in a filibuster, might use procedural tactics to delay the approval of a Supreme Court nominee where the consensus did not seem to be unanimous? I do not want to get into that debate, because that is not my business. What happened was that Republicans decided to use what they called the nuclear option. Instead of having the super majority that is normally required—60 votes to approve a Supreme Court nominee—they used their majority to change the rules of the game and make it so that it only required a simple majority of 50% plus one, 51% in that case.

What happened then? Respected senators like John McCain said that whoever thought of that idea was an idiot. Why did he say that? He said that because when he dealt with Democrats in the Senate on a nominee from President Obama, Republicans were very disappointed that the Democrats did the same thing. There were two parties changing the rules of the game to suit their political agenda, and in both cases, they chafed under that. Why? It is because it sets a precedent and creates a problem. Down the line, they can say it is how they will always solve their problems.

Coming back to Canada, what the government does not seem to understand is that changing the rules of the game might suit it this time, but it might not suit it next time when it loses an election after the broken promises start to pile up and people finally start getting fed up with the snake oil that they have been sold. That becomes a problem because it sets a precedent.

Instead of looking farther back and saying that Jean Chrétien sought Parliamentary consensus before making changes in the early 2000s, the next Conservative, Liberal, or NDP government can use this precedent and tell everyone not to worry because the government of the current Prime Minister, the member for Papineau, decided that a simple majority was enough to change the rules of the House.

I mentioned the United States because if the Liberals want to follow examples set elsewhere, they should look to respected individuals. For example, John McCain said it was idiotic to think that changing the rules was a good short-term solution to a problem that, in this case, does not exist. We have to think of the long-term consequences.

The long-term consequences have to do with the fact that we have to make a decision about a recurring question of privilege related to access to Parliament Hill. Precedent is not what worries me. I said at the outset that I was worried about the fact that we keep coming back to this issue of access to Parliament Hill, as several of our colleagues pointed out. I am concerned about the precedent the Speaker referred to, the precedent of shutting down debate. This is a problem. It is unacceptable, and it will cause problems for future generations of members of Parliament.

The government is using various tools. It forces votes in the House when, for example, we are debating motions that it does not like, since the government seems to think it is here to get its agenda passed as quickly as possible. If we read between the lines, this means imposing its will without debate using time allocation motions. The government wants to cut the debate short. The reason we are using these tactics and having this debate, which has been going on for three weeks at the Standing Committee on Procedure and House Affairs, is closely linked to the debate we are having today on the question of privilege. These are the tools we have to call on the government to seriously rethink the process. We have fundamentally different ideas on the substance of the issue. We could debate that. What unites the opposition is that we refuse to debate it until we know that this will not be dealt with unilaterally. This is central to parliamentary privilege. This is central to what is driving us here today, that is, questions related to access to the Hill, the length of the debate, and the fact that the government cut the debate short. Why? Because the privilege of the member for Beloeil—Chambly is not my privilege; it is the privilege of the people of Beloeil—Chambly. This goes for all of my colleagues and their respective ridings. This is crucial, and the opposition is united in saying no.

Privacy

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, the law is there with respect to the use of these devices. The agencies that purport to use them need to fall within the four corners of the law, including the appropriate judicial oversight and authorization.

At the same time, what I was saying in the quote referred to by the hon. gentleman was that parliamentarians would soon have a new opportunity to provide oversight and review with the imminent passage of Bill C-22.

Business of the House

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

On a point of order, Mr. Speaker, there have been discussions among the parties, and if you seek it, I believe you would find unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practice of the House,

(a) the recorded division on the amendment to the motion for third reading of Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, scheduled to take place today, at the ordinary hour of daily adjournment, be further deferred to Tuesday, April 4, 2017, at the expiry of the time provided for Oral Questions provided that all questions necessary for the disposal of the third reading stage of Bill be put forthwith and successively without further debate or amendment pursuant to Order made Monday, March 20, 2017, under the provisions of Standing Order 78(3).

(b) the subamendment and the amendment in relation to Ways and Means motion No. 10 be disposed of as follows:

On Tuesday, April 4, 2017, at 1:59 p.m., the Speaker shall interrupt the proceedings, the question to dispose of the subamendment shall be deemed put and a recorded division deemed requested and deferred until the expiry of the time provided for Oral Questions that day;

On Tuesday, April 4, 2017, at the expiry of the time provided for Government Orders, the Speaker shall interrupt the proceedings, the question to dispose of the amendment shall be deemed put and a recorded division deemed requested and deferred until the expiry of the time provided for Oral Questions on Wednesday, April 5, 2017.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, as I have said in this House time and time again, of course, I want to work with all members of Parliament. I know that we each have a role to play. I want to work better together, and that is why I will continue to communicate.

I appreciate the opportunity to answer the hon. member's Thursday question.

This afternoon, we will continue with the budget debate. Tomorrow, we will begin third reading of Bill C-22, an act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain acts.

Next week, members will be working in their ridings.

We will continue with the budget debate on Monday, Tuesday, and Wednesday.

I wish everyone a good constituency week, next week.

Report Stage

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, normally I would say that I am pleased to rise in the House to take part in the debate on Bill C-22, a bill that the NDP supported at second reading. However, under the circumstances, with the rejection of most of the changes that were made in committee, contrary to what the minister claims, and only one hour after the adoption of a time allocation motion, I am far from pleased to take part in the debate on this matter.

Bill C-22 is important, especially for the Liberals, considering it is central to the intellectual backflips they have been doing for three years now to justify their support for Bill C-51, passed in the last Parliament under the Stephen Harper government. The Liberal government has been in power for almost a year and a half now and we have barely completed this stage. It is worth mentioning, even if this is an issue for another debate on another day, that there is still no legislative measure on the table to right the wrongs created by Bill C-51 regarding rights and freedoms.

That said, this is still a very important matter. Since Bill C-51 was passed and, I would venture to say, even before, many commissions of inquiry have been formed after various incidents in connection with the work of national security agencies. There is one very clear finding: Canadians have lost a great deal of confidence in our national security agencies. This issue obviously affects our rights and freedoms, as well as our privacy, given the rapid advances in technology. However, this is also a matter of national security because, after all, if the public has no confidence in its agencies, it is difficult for them to do their work effectively and appropriately.

In principle, Bill C-22 is a good first step, and I can say that the minister is right about that. It is something that we should have had for a very long time. That said, very serious problems with the bill were raised in committee. A number of amendments would have gone a long way—even though they would not have made the bill perfect—to at least allowing parliamentarians to do their work better and to start off on the right foot.

We can see that, and we have often heard the Minister of Public Safety and Emergency Preparedness and the Leader of the Government in the House of Commons come back to one point. They say that this is new for Canada, that other countries have had more time to learn, and that we have to give ourselves some time. We are already some way ahead compared to other countries, but there is a problem. For example, look at how the chair of the committee is elected. In Great Britain, the committee chair is not only elected, but he is also an opposition member. As justification for not electing the committee chair, we are told that, in Great Britain, the committee has existed for a number of years now and that they decided to make changes only after a certain period of learning and becoming used to it. Here, clearly, as we have just heard, the minister is relying on a legislative review that will take place in five years.

However, why not apply now what we learned from our allies? Why relearn the lessons of the past? I have a theory, without wanting to spread conspiracy theories. When this nice job, which comes with a salary on top of an MP's salary, is announced a year in advance, it is difficult for the Prime Minister to break his promise to the Liberal member who had the good fortune to secure this great position. Therefore, I would say that this is why we were not listening to the opposition amendments or the testimony of the chair of the British committee who offered this extremely important point for the credibility of the committee. All the technical issues on the form could be addressed, but credibility is also very important, to get back to the point I made at the outset, which is the public trust in our national security agencies.

It is not just me saying this. I want to come back to the column in The Globe and Mail, co-written by professors Wesley Wark, Kent Roach and Craig Forcese, professors the minister likes to quote to talk about the importance of this first step that has been completed. In speaking of the amendments passed in committee, they said:

Should the government choose to force a return to the restrictive original bill, it risks potentially undermining a new and historic Parliamentary ability that it has enthusiastically championed. Failure to reach agreement with Parliament

—not the Liberal caucus, but Parliament—

on this issue also imperils non-partisan support for future national-security reforms and changes to other elements of the review system for national security.

When we hear that and with the majority of the amendments having been thrown out and a time allocation motion having been thrown in to boot, it is difficult to see a path forward that would allow the committee to have that credibility and non-partisan environment it so desperately needs. The committee needs that not only to do its work, but also--as I said, and it is worth repeating--in order to gain the public's trust so the public can begin trusting the work that is being done by the national security agencies. This is a key element, and the government is clearly failing on that front.

I want to come back to the two examples I mentioned in the questions I have asked the government since the debate began this morning, specifically regarding the time allocation motion and the bill itself. The issue of ongoing investigations has often been raised. That is one of the restrictions we tried to lift through our amendments.

Indeed, the two most striking examples of investigations into human rights violations that are worthy of examination by a body such as the one this bill proposes are the Air India inquiry and the Afghan detainees investigation.

These are still open investigations, so technically, they are still ongoing. Under this bill, however, the committee of parliamentarians will not have the authority or the power to gather intelligence or conduct investigations. Thus, various pieces of information revealed in the media recently and many questions raised in the House for many years now could never have been raised. That is problematic, because it undermines the committee's mandate.

Once again, this brings us to the public's confidence in the committee and its work, and by extension, in the work of our national security agencies. That is the theme of my speech, as members will soon see.

When the government talks about some of the other issues that we raised in committee, it is important to note that for us, one point that has been clear is the restriction on access to information and the obvious solution is to limit it to cabinet confidence. With respect to everything else, we have to trust these parliamentarians, and the minister alluded to that issue. These parliamentarians will be sworn to secrecy and could potentially face jail time if any of this information is leaked.

The government's approach seems to be one of not trusting the parliamentarians who will sit on this committee and who will literally never be able to talk about any national security issues in the public space. When the government House leader or the Minister of Public Safety stand and tell us not to worry because the committee can use the bully pulpit if ever it feels it is unable to do its work behind closed doors, that is just not true. It is critical for Canadians to understand that.

Moreover, we talk about compromise and the importance of this being a non-partisan process. We hear the government say, “Well, the NDP proposed 13 amendments. The Liberals proposed 16. The Bloc proposed nine. The Green Party proposed two. We adopted two of those amendments so we are in the clear and everything is all right.” It is critical that the government look at the broader picture and the public trust.

I move, seconded by the member for Jonquière:

That Motion No. 3 be amended by deleting paragraph (a).

[Ralph Goodale, Liberal, Regina—Wascana, SK]

Madam Speaker, as has been universally stated by expert observers, both in the parliamentary process and beyond the parliamentary process in the public media and elsewhere, Bill C-22 is a major step forward. Thanks to the amendments that are being accepted in dealing with some of the issues that were raised by hon. members in the last two questions, the bill is stronger now than when it began, and it will be a major innovation in our national security architecture.

I would point out that many of the experts we consulted, both here in Canada and around the world, said it was very important to ensure that the new committee would have the time and opportunity to earn the trust and confidence of the very agencies it would have to oversee and scrutinize, as well as the Canadian public. According to many of these expert advisers, it would therefore be prudent to start in a cautious manner, learn from experience, and then make the appropriate changes when we in Canada have gained that experience.

That is the reason there is a provision in the bill to require the legislation to be reviewed in five years. It is so that we will have the chance to learn from that experience and in five years will have the obligation to make the appropriate upgrades and updates to the legislation to keep it in the forefront of such legislation around the world.