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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

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

Votes

April 4, 2017 Passed That the Bill be now read a third time and do pass.
April 4, 2017 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, be not now read a third time but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering Clauses 8, 14, and 16 with a view to assessing whether the investigatory powers and limits defined in these clauses allow for sufficiently robust oversight of ongoing intelligence and national security activities”.
March 20, 2017 Passed That Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 20, 2017 Passed 16 (1) The appropriate Minister for a department may refuse to provide information to which the Committee would, but for this section, otherwise be entitled to have access and that is under the control of that department, but only if he or she is of the opinion that (a) the information constitutes special operational information, as defined in subsection 8(1) of the Security of Information Act; and (b) provision of the information would be injurious to national security. (2) If the appropriate Minister refuses to provide information under subsection (1), he or she must inform the Committee of his or her decision and the reasons for the decision. (3) If the appropriate Minister makes the decision in respect of any of the following information, he or she must provide the decision and reasons to, (a) in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; (b) in the case of information under the control of the Communications Security Establishment, the Commissioner of the Communications Security Establishment; and (c) in the case of information under the control of the Canadian Security Intelligence Service, the Security Intelligence Review Committee.
March 20, 2017 Passed 14 The Committee is not entitled to have access to any of the following information: (a) a confidence of the Queen's Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act; (c) the identity of a person who was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada, or the government of a province or of any state allied with Canada, or information from which the person’s identity could be inferred; (d) information relating directly to an ongoing investigation carried out by a law enforcement agency that may lead to a prosecution.
March 20, 2017 Passed to sections 14 and 16, the Committee is entitled to have access to ed by litigation privilege or by solicitor-client privilege or the professional
March 20, 2017 Failed That Motion No. 3 be amended by deleting paragraph (a).
March 20, 2017 Passed and up to ten other members, each of whom must be a (2) The Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who
March 20, 2017 Passed That, in relation to Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 4, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

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September 27th, 2016 / 5:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, yes, I would go back to the parts of my speech where I talked about the committee basically going around in circles because the information it would be seeking might be “injurious to national security”. That just takes away from the purpose of the committee. How can it provide effective oversight if the minister could at any time claim that something is injurious to national security? If the committee then complains about it, the Prime Minister could withhold that information in the final report. We will just be going around in circles. That is not parliamentary oversight.

I will start with that as a very real amendment that needs to be made to the bill.

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September 27th, 2016 / 5:10 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I wonder if my colleague could talk a little more about accountability. From my perspective, bringing in this new committee is really smoke and mirrors. It seems we are going to have this committee and the ministers will be less accountable because they will be able to point to the committee and say, “I am doing a great job because, see, the committee is not doing anything”.

However, the minister and the Prime Minister would both have control over what a report from the committee says. The committee could study something, write a report, and the minister could take all of the damning evidence out of the report and then put the report forward.

Could my colleague comment on that?

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September 27th, 2016 / 5:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, absolutely, “smoke and mirrors” is very apt terminology for this practice.

It is incumbent on us, here in the opposition, to play our job properly during the proceedings on the bill, not only by pointing out the deficiencies of the bill, but also by not letting the Liberal government off the hook. I know that the Liberal government will say to the Canadian public that it has provided oversight in Bill C-22 and that its job is done.

We will not allow that to stand. There is still a lot more to be done.

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September 27th, 2016 / 5:10 p.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Madam Speaker, since Bill C-51 remains in place, I would like to hear more from my colleague about what protections are in place to ensure that the right of legitimate dissent by first nations and environmental activists remains in place. Does the bill remedy those deficiencies in Bill C-51? If there is any infringement on such legitimate public discourse, which I view as in the public interest, allowing free speech? How can that public interest be protected?

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September 27th, 2016 / 5:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, we have seen in previous examples, most notably with northern gateway, that CSIS was complicit in providing information to oil companies about suspected activists and environmental protesters, so there is a very real threat.

The bill could address that particular problem only if the oversight committee is allowed to have real teeth and real investigative powers. That means not allowing a minister to just shut something down because he or she thinks it is “injurious to national security”.

That is such broad-ranging terminology. Could someone on the Liberal side please define that for me?

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September 27th, 2016 / 5:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, what a privilege it is to be able to stand in this place to talk about what I believe is a really important piece of legislation, and it is so in many different ways. I hope to be able to provide some comments with respect to the process, some of the content, and some of the amazing work that, in particular, the Minister of Public Safety has done for all Canadians by putting in the effort that he has in working with his other cabinet colleagues, and indeed, coming right from the Prime Minister's Office, too.

I would recognize, first and foremost, that we have once again before the House, a piece of legislation that was promised in the last federal election. There was a great deal of discussion and debate at the doors and through many other venues about the issue of freedoms and rights and the issue of security and ensuring that we get the right balance. I am absolutely convinced that the government has provided a piece of legislation that will be overwhelmingly supported by Canadians.

It is not to say that there is no room for improvement. If I can quote the Prime Minister, there is always the opportunity to make things better. We opened the door for the opposition, and as the Minister of Public Safety indicated in his opening comments, we have already received ideas and thoughts, such as the appointment of the chair for this particular committee to be made by the Prime Minister, which was a recommendation or a thought that came from the official opposition.

However, it is important to recognize that this is indeed the first time ever where we have seen a parliamentary committee established to deal with the issues of security and privacy and freedoms for Canadians. That is a very big thing. We should be happy to see it here today because it has been a long time in coming.

Another big issue, which I really have appreciated, is that there has been a great deal of thoughtful debate that has taken place, as members from all sides of the House have been engaged on what we all know is a very important issue to Canadians.

I believe, at some point, it will pass and go to committee and we will find that the debate will carry over in the form of listening to what some of the different stakeholder groups have to say, with the idea that if there are indeed ways in which we can reflect on the current legislation, the government is, at the very least, open to that.

The other thing that I think is really worth noting is that the Minister of Public Safety also made reference to the Five Eyes. Canada is a member of the Five Eyes nations, which include the U.S., the U.K., Australia, and New Zealand. I have had the opportunity to talk about this particular issue during the debates on Bill C-51. All those other countries have some form of a parliamentary committee to oversee these types of security and rights issues. Only Canada did not have something.

Today, what we are witnessing is not only Canada joining and being a part of the Five Eyes, in regard to a parliamentary committee, but it is a committee that has a far greater and broader mandate. Many would argue that it has the potential to be the most effective in the Five Eyes group. Again, I think that we owe a great deal of gratitude to all those individuals who have been involved.

I am sure that the different ministries would be first to indicate that it is not just coming from within the departments, but rather, it is from many of the presentations that were made during the debates on Bill C-51, many of the debates that took place inside this chamber, and the messages that we received, whether through emails, telephone calls, letters, or just the door-knocking that took place. The bill encompasses a great deal of dialogue that has taken place both here in the chamber and in every region of our country.

I think this is one of the reasons why we should all take a great deal of pride in what is being proposed by the government.

It has been noted that it was the government House leader who introduced the bill, and a number of members were somewhat surprised that it would be the government House leader. Let me assure members that when we talked about that, we made reference to the idea of this broader mandate. We need to recognize that a multitude of departments provide some form of security-related issues to Canadians. I believe it is 17. Therefore a number of departments are directly affected by this legislation, and so the committee would have a significant role that goes beyond one department. It is most appropriate that it be the government House leader who introduces the legislation. I am quite pleased that the Minister of Public Safety has had the opportunity to address the legislation also.

A national security green paper was recently released by the minister, and it was co-signed with a message from the ministers. I would like to refer to it. It was approved in terms of being received by the Minister of Public Safety and the Minister of Justice, Canada's Attorney Journal. There is a great deal of content in it, and as we continue to have dialogue both in Ottawa and the different regions of Canada, I would encourage people, the listening audience and the different stakeholders, to get a copy of this green paper because it is loaded with wonderful content. By reading through it, we get a fairly good sense of why it is such an important piece of legislation and why Canadians have taken such an interest in it.

I would like to provide some selected quotes from the green paper, because it better reflects what the government is hoping to ultimately accomplish. It is not to say that every aspect of the green paper is going to be implemented by the government, but it shows that the government is listening and, where it can, it is taking the necessary action to make a difference in the lives of all Canadians.

I first refer to the message from the two ministers where they clearly indicate that:

A fundamental obligation of the Government of Canada is the responsibility to protect our safety and security at home and abroad. Equally fundamental is the responsibility to uphold the Constitution of Canada, and to ensure all laws respect the rights and freedoms we enjoy as people living in a free and democratic country.

On many occasions I have indicated my support for Canada's Charter of Rights and Freedoms. I have argued that the Liberal Party is a party of the Charter of Rights of Freedoms. We recognize how important those individual freedoms are, but we also recognize—and we saw that in the debate—that they are one of the things that distinguished the Liberals from the New Democrats while we were in opposition. We also recognized the importance of security, and that is why it is a balancing that needs to take place.

I go back to the document, which says:

Reflecting the seriousness with which the Government regards the concerns about the ATA, 2015, our mandate letters direct us to work together to repeal its problematic elements and introduce new legislation that strengthens accountability and national security. In this respect, we have made commitments to:

This is something that, I would hope, provides comfort not only to members of this chamber, but to all Canadians.

The government has made commitments on the following: it has guaranteed that all warrants of the Canadian Security Intelligence Service will comply with the Canadian Charter of Rights and Freedoms to ensure that Canadians are not limited in legitimate protest and advocacy; it will enhance the redress process related to the passenger protect program and address the issue of false positive matches to the list; it will narrow overly broad definitions, such as terrorist “propaganda”; and it will require a statutory review of the Anti-terrorism Act after three years.

It is great that within this legislation there is a requirement for a mandated review five years after the bill has been proclaimed. We know that as time goes by, there will be a need to review and reflect upon what we could be doing differently to improve the legislation.

As the minister has pointed out, we are establishing a statutory national security and intelligence committee of parliamentarians, with broad access to classified information, to examine how national security institutions are working. That is, in fact, within the green paper and what we are actually going through today.

The legislation fulfills a key commitment we made during the election campaign by establishing a national security and intelligence committee of parliamentarians.

It is great that the committee would have nine members, seven members of Parliament and two senators. Up to four MPs would be from the governing party. The Prime Minister would be required to consult with the opposition party leaders before naming opposition members and with the Senate before naming senators.

I hear a great deal of concern from both opposition parties about the PMO and the Prime Minister. I think there is one point that has been lost in this. It is important to emphasize that the Prime Minister would not be authorized to alter the findings or recommendations of the report that would be tabled. The Prime Minister's role would be solely to review the report to ensure that it did not contain classified information.

I believe that the Conservatives are underestimating the abilities of members of Parliament when they question whether it would be an open process. Yes, ministers would have the discretion to withhold information on a case-by-case basis should they believe that disclosure would be injurious to national security, but one would expect that they would have that authority. However, a minister who wished to withhold information would have to provide a rationale for the decision to the committee. The committee could choose to report on the matter to Parliament should it deem the rationale unsatisfactory. We need checks in place, and that is within this legislation.

We are underestimating and undervaluing the potential role members of the House can play on such a committee, which I believe would be second to no other, potentially, in the world.

The Minister of Public Safety and Emergency Preparedness talked about the way it would broaden responsibilities and about all the departments that would be taken into consideration.

As much as I would love to be a member of that committee, I am quite content not being a member, so I say this knowing full well that I will not be a member of the committee. Those who are selected to be members of the committee, I believe, will have the ability to ensure that rights and freedoms, versus the security of our national interest, will be protected first and foremost.

There are checks in place within the legislation that would allow this committee to get the job done. I believe that if the Conservatives, in particular, were to better appreciate that fact, then they would be supportive of the legislation.

I listened to members of the New Democrats respond, and I appreciate the response that I have heard today from the New Democrats. They are supportive, but they want to see some amendments. However, this is not quite as clear with regard to the Conservatives. I understand that the Conservatives are in a very awkward position because of Bill C-51. I sat in opposition and, yes, there were many members who stood up to say that we did not need a committee of parliamentarians. However, today when I listen to the debate the Conservatives are providing, they are a little unclear.

I understand that now the Conservatives are going to be voting against the legislation, but it would appear as if they are voting against the legislation because they want to see this parliamentary committee have more teeth. This seems to be the reason they are voting against it, depending on the member one is talking to. I did pose the question to my colleague across the way of whether he would be supporting the legislation. In fairness, they have been very delicate in terms of their responses today, but they had one member who has indicated a vote against the bill.

I would advise all members of the House, given the importance of the legislation, to take it for what it is and allow the legislation to be sent to committee where there can be a proper vetting from all parliamentarians. It is there that they can actually advance potential amendments if they have concerns and they can make their case.

We often hear of disputes over the facts inside the House. We listen to what the minister says here and believe that this is a committee that is going to be quite powerful and have many responsibilities. However, we then hear members opposite having reservations about just how powerful it will be and are wondering if the Prime Minister's Office would be too powerful. Therefore, there seems to be a bit of a disconnect.

However, where there is no disconnect is that there seems to be a political will that we are going to have this committee, and we will have this committee. The Prime Minister made a commitment to establish it, so we will have it. When that committee gets established, I do believe that there are members of the House who have the integrity, goodwill, and the ability to get the job done. I believe this is what we should be looking at going forward.

If in fact there are ideas that are genuine, where there has been background work and it can be clearly demonstrated, then I am sure, whether it is a government amendment coming from one of my colleagues, or from Conservatives, New Democrats, or independents, these ideas are something we will want to foster if in fact they are ways we can improve upon the legislation.

There are so many things that the government is doing that goes beyond Bill C-22 in addressing the concerns that Canadians have with respect to the issue of security, such as amending provisions enacted by Bill C-51 so as to better protect the right to advocate and protest; amending provisions enacted by Bill C-51 so as to better define rules regarding terrorist propaganda; mandating a statutory writ review of national security legislation; ensuring faithful compliance with the Charter of Rights and Freedoms; creating an office of community outreach and counter-radicalization from budget 2016, including $35 million over five years and $10 million annually, which would be ongoing; consulting Canadians about what further measures they would like—

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September 27th, 2016 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

I am sorry to interrupt the member. I am sure he has much more to say, and I am sure the members are looking forward to it.

Questions and comments. The hon. member for Central Okanagan—Similkameen—Nicola.

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September 27th, 2016 / 5:35 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, the member opposite has raised a number of points today. He said this legislation should go to committee, and obviously there is a process for that, but first it is important that all members in this place get a chance to share their initial thoughts on it, not just the parliamentary committee. The initial thoughts I have heard time and time again today from the Conservatives are that the Prime Minister will appoint the chair—and we know that has already happened—that there is going to be a majority of Liberal members on this committee, that they will examine what the Prime Minister wants, and that the committee itself will report to the Prime Minister and not to Parliament.

My question is simple. Does the member opposite believe that this is parliamentary oversight, or is it oversight by the Prime Minister?

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September 27th, 2016 / 5:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it shows, just based strictly on the question that has been posed, that our government is listening to what the Conservative opposition has been saying. It was the Conservative critic who wrote to the minister saying that those members would like the Prime Minister to appoint the chair. Is that not right?

The committee will consist of nine members with seven members of Parliament and two senators. Up to four of those members will be from the governing party. That is not a majority. If it is a nine-member committee and four members are from the government—

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September 27th, 2016 / 5:35 p.m.


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An hon. member

That is the majority. The chair gets to vote twice.

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September 27th, 2016 / 5:35 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

It's simple math. Look at the math.

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September 27th, 2016 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

Members have a chance to get up and ask questions, so I would ask them to please not interrupt the member.

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September 27th, 2016 / 5:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, if we could put aside some of the partisan stuff that has been said today—and I have been accused of saying partisan things at times too—and look at what is being proposed, we would find it is good, sound legislation. If we get the co-operation of the opposition, or if we work together on it, I would argue we could have some of the best legislation in the world dealing with parliamentary oversight. We could—

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September 27th, 2016 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

Questions and comments. The hon. member for Windsor West.

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September 27th, 2016 / 5:35 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, it is important to hear why this legislation should go to committee. Last week the member voted against sending a bill to committee for study that would have diverted $10 billion from organized crime. I find that quite ironic. Perhaps he could enlighten me on that. Among the witnesses who wanted to appear were provincial representatives, representatives from the Canadian Labour Congress, representatives from Canadian chambers of commerce and lottery gaming associations. Since we are talking about security issues, maybe the member could talk about why organized crime continues to get these resources.

Perhaps he could also explain to Liberal candidates who were out there saying the Liberal Party supported this legislation.