Bill C-23 (Historical)

Preclearance Act, 2016

An Act respecting the preclearance of persons and goods in Canada and the United States

This enactment implements the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (the Agreement), done at Washington on March 16, 2015, to provide for the preclearance in each country of travellers and goods bound for the other country.
Part 1 of the enactment authorizes United States preclearance officers to conduct preclearance in Canada of travellers and goods bound for the United States and, among other things, it
(a) authorizes a federal Minister to designate preclearance areas and preclearance perimeters in Canada, in which preclearance may take place;
(b) provides United States preclearance officers with powers to facilitate preclearance;
(c) establishes that the exercise of any power and performance of any duty or function by a United States preclearance officer is subject to Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act;
(d) authorizes Canadian police officers and the officers of the Canada Border Services Agency to assist United States preclearance officers in the exercise of their powers and performance of their duties and functions;
(e) allows a traveller bound for the United States to withdraw from the preclearance process, unless the traveller is detained under Part 1; and
(f) limits the ability to request the extradition or provisional arrest of a current or former United States preclearance officer.
Part 2 of the enactment provides for the preclearance in the United States, by Canadian officers, of travellers and goods bound for Canada. Among other things, Part 2
(a) specifies how the Immigration and Refugee Protection Act will apply to travellers bound for Canada who are in preclearance areas and preclearance perimeters in the United States, and extends the application of other Canadian legislation that relates to the entry of persons and importation of goods into Canada to those preclearance areas and preclearance perimeters;
(b) authorizes the Governor in Council to make regulations adapting, restricting or excluding the application of provisions of the Immigration and Refugee Protection Act and that other Canadian legislation in preclearance areas and preclearance perimeters;
(c) prevents, as required under the Agreement, the exercise of powers of Canadian officers under Canadian law with respect to questioning or interrogation, examination, search, seizure, forfeiture, detention and arrest in preclearance areas and preclearance perimeters, as similar powers will be conferred under the laws of the United States on Canadian officers; 
(d) allows a traveller bound for Canada to withdraw from the preclearance process, unless the traveller is detained under the laws of the United States;
(e) deems an act or omission committed in a preclearance area or preclearance perimeter to be committed in Canada, if the act or omission would constitute, in Canada, an offence relating to the entry of persons or importation of goods into Canada; and
(f) grants the Attorney General of Canada the exclusive authority to commence and conduct a prosecution of a Canadian officer with respect to an act or omission committed in the United States.
Part 3 of the enactment makes related amendments to the Criminal Code to provide United States preclearance officers with an exemption from criminal liability under the Criminal Code and the Firearms Act with respect to the carriage of firearms and other regulated items. It also amends the Criminal Code to provide for a stay of proceedings against a United States preclearance officer when the Government of the United States provides notice under paragraph 14 of Article X of the Agreement.
Part 3.‍1 of the enactment provides for an independent review relating to the administration and operation of the Preclearance Act, 2016.
Part 4 of the enactment makes a consequential amendment to the Customs Act, repeals the Preclearance Act and contains the coming-into-force provision.

Customs Act

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

Mr. Speaker, I would like to come back to the matter of the information that will be shared.

A problem that we are seeing more and more of, and not just with this bill, is that the Liberal government has a tendency to legislate using regulations. For example, in the bill currently before us, the government gives the minister a certain amount of discretion through regulation. That allows the minister to change not only the type of information that is collected but also the manner in which that information is obtained, the parties from whom it is obtained, and the circumstances under which is it obtained. That is a serious problem.

In committee, we asked Public Safety officials about Bill C-23, which is essentially a companion to the bill in question. They said that they were unable to tell us what type of regulations would be changed because of this bill.

Is the member not worried that the government is making legislative changes, while leaving a big asterisk next to some parts saying that it will make more changes later, at the minister's discretion, through regulation? Is that what accountability and transparency are all about?

Privacy

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

Mr. Speaker, the Privacy Commissioner is worried that American customs will subject Canadians to intrusive searches of their electronic devices. Searching an iPhone is not the same as searching a suitcase. It is looking directly into people's private lives.

Could the minister stand and finally confirm once and for all that Liberals will stand up for Canadians' rights at the border, rather than playing right into President Trump's hands by giving more powers to American agents on Canadian soil with bills like Bill C-23? Let us not hear this talk about respecting the law, because the law is completely silent on this issue. Maybe we can get an update on that, while we are it, to protect Canadians' privacy.

Customs Act

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I am very pleased to welcome you back to the House along with the rest of my colleagues. I would also like to welcome this session's new pages, who will be with us for the next few months.

I am pleased to speak to a bill that will definitely have an impact on my Sherbrooke constituents. My colleague from Windsor—Tecumseh mentioned that her region is on the border. Sherbrooke, which is in the Eastern Townships, is too. We have three neighbouring states: Vermont, Maine, and New Hampshire. The fact that our neighbours to the south are so close to us is part of our everyday reality. Some of our communities even straddle the border. We hear some good stories sometimes about communities where there are houses or libraries right on the border between both countries. A lot of people have dual citizenship because of this.

My constituents are quite concerned about this issue. For one thing, lots of people cross the border, and for another, there is a lot of trade between Sherbrooke and the United States. Many of our businesses depend on the U.S. market. They are very concerned because they are so close and their business depends heavily on what is going on in the United States. That is why trade issues in general are really important to my community, especially now that we are talking about renegotiating the trade agreement between our two countries and Mexico. While I was in Sherbrooke this summer, I heard a lot of people talk about the negotiations under way and the upcoming third round of negotiations with our partners, which will be happening here in Canada. They want to protect their trade with the United States. If possible, they would like to grow that partnership. This issue got a lot of people talking this summer.

The main focus of Bill C-21 is people who are crossing the border. The matter of goods has already been addressed rather thoroughly in Bill C-23. Bill C-21 completes the circle in a way, even though there are a lot of problems with the bill. We are talking here about people, individuals, who are crossing our borders. I am therefore pleased to talk about this issue not only because I live in a border area but also because I care a lot about personal information and privacy, and I am sure that many of my constituents care about this topic too.

From 2012 to 2014, I had the honour of serving as chair of the Standing Committee on Access to Information, Privacy and Ethics. I was therefore quite aware of privacy issues. I often had discussions with the Privacy Commissioner. These are the subjects I am most interested in.

What worries me the most about Bill C-21 is the issue of privacy. In Canada, year after year, agreement after agreement, we agree to share more and more information, not only with Canadian governments but also with foreign governments. Information sharing is becoming increasingly common. Of course, it is governed by written agreements. Information sharing is not done randomly, but it is becoming increasingly common. Bill C-21, which we are discussing today, is about sharing even more information with foreign countries, in this case the United States.

There is good reason for Canadians in particular to question the protection of privacy in the United States. I mention this mainly because of the infamous presidential order that was recently signed in the United States and that we have heard so much about over the past few months.

The title of the January 2017 executive order was:

Executive Order 13768, entitled Enhancing Public Safety in the Interior of the United States.

The order excluded people who are not citizens or permanent residents of the United States from the protections provided by the Privacy Act regarding personally identifiable information.

The Privacy Commissioner of Canada, Daniel Therrien, invited all federal ministers involved, including the Minister of Public Safety and Emergency Preparedness, probably the minister most involved, who also happens to be this bill's sponsor. He invited federal ministers to ask their American counterparts to tighten the rules around protecting the privacy of Canadians.

In the letter, the commissioner pointed out that Canada should be included in a list of countries targeted by the American Judicial Redress Act. It has to do with rules that exclude non-Americans from the protections provided under the law regarding how federal agencies use personal information. The commissioner indicated that Canadians enjoy certain protections regarding their personal information in the United States, but those protections are relative, since they are based on purly administrative agreements and are not given force of law.

The Privacy Commissioner of Canada certainly sounded the alarm in January 2017. Now here we are a few months later, debating Bill C-21. We need to be really cautious about this new order, which allows Americans to shirk their obligation to protect the privacy of Canadians to the same degree that they protect the privacy of Americans, their own citizens.

It is therefore deeply troubling to see that American federal agencies can treat Canadians' information differently from that of their own citizens. This discrepancy is extremely concerning, as it seems to put our fellow Canadians' data at risk. The worst part is that if this information ends up in the hands of a foreign country, such as the United States, there are very few options for recourse.

If we give information to the Canada Border Services Agency and this bill is passed, the Agency will have to hand over that information to the Americans. The Americans will then have the information in their possession, but it could fall into the wrong hands. These things happen. We have seen many cases of hackers successfully accessing data that is valuable to organized crime groups. Such data is considered extremely valuable because it can sometimes be used to scam ordinary people who think they are doing the right thing by answering phone calls or emails that seem to come from a government agency. This data is highly valuable to scammers. As a result, many Canadians may be alarmed to learn that foreign governments that use different protection systems may be getting access to more and more of their personal data.

I am very concerned about that; it is the main reason for which I must oppose Bill C-21, as several of my NDP colleagues did earlier today. What worries me even more is the fact that this information is now in the hands not only of American federal agencies, whose protective measures are less effective than the ones we have in place in Canada, but also in the hands of a president who made an executive order that is even better known—the one that bans persons who have travelled to certain target countries, mainly in the Middle East.

This raises more concerns about the way this information may be used by the American government, and by its president, who issues directives to his government and to its security agencies.

It is truly worrisome when we see stories like that of my friend Yassine Aber, an athlete at the University of Sherbrooke, who simply wanted to go compete in the United States. I believe this happened last May. Unlike his six or eight colleagues, he was arrested. He was arrested because of his name and he was questioned for a number of hours before being told to go back home.

Some of the questions, referenced already in the House, were on his religion, his parents' religion, places he had travelled to, and on his friends in Sherbrooke. They even searched his phone to access information, photos, and his social networks. It is very worrisome that the government wants to give even more information to the Americans through Bill C-21. We can all agree that the Americans do not seem to make good use of the information they have. They seem to use it only to discriminate based on race, religion, or gender.

My time is up, but I would be pleased to answer my colleagues' questions if they want to know more about why the NDP is against Bill C-21.

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, the government introduced this bill in June of last year and then let it sit. There has been no substantive discussion of these changes to the Customs Act. It is certainly clear that the government now wants to maybe prorogue the House or rush a few bills through to try to somewhat enhance its legislative record. It is particularly shocking given that we are going into the third round of the NAFTA renegotiations that this important bill that the government said was critical to enhancing trade between Canada and the U.S. and that was introduced well over a year ago is only being substantively debated now.

In my remarks, I am going to touch on elements of Bill C-21. Also, in my role as an MP from southern Ontario concerned about the auto industry and our exports, and as the shadow critic for Foreign Affairs, I am going to talk about my concern with how the Liberal government handles the U.S. relationship. It is an important one. As I often say, the U.S. is our closest friend, our neighbour, biggest trading partner, and our strongest ally. I fear how the relationship with the United States has been steadily eroded under the government, regardless of what political stripe is in power in Washington. I will attempt to demonstrate that today, not just through rhetoric but through examples.

Bill C-21 is probably the most comprehensive change to the Customs Act in Canada for individuals. That is because the broadest interventions by Canadian officials at our border would be permitted by the changes to section 94 of the act, under which a border official could ask Canadians to answer “any questions” related to the Customs Act or any other act of Parliament. If Canadians were paying attention to this debate, they would be startled by that. Any questioning on any benefit, tax issue, or anything else could be part of the enhanced questioning at the border as a result of this bill. There has virtually been no debate or discussion of that for well over a year. That is what Parliament is for: it is to have the discussion.

What this bill would then do is allow Canadian authorities to share all of that information with our friends in the U.S. Having been part of the last government and a big supporter of the beyond the border initiative, as we can see from speakers today, the Conservatives are inclined to support this. However, so far we have had little debate. The Liberals are not being open with Canadians or the provinces on how that information will be safeguarded, how personal and private information will be safeguarded when needed. We already have serious problems removing children from no-fly lists, where double names and issues not related to public safety and security make it impossible for young children or, in some cases, veterans to remove themselves from lists. People should be concerned about how information is collected, shared, and stored. That is what Parliament is for: to debate these things so that Canadians will very much know what their government is doing.

The result of Bill C-21 would be an entry-exit data tracking system with sharing with the United States, basically amounting to a common entry-exit system between Canada and the U.S. This has been talked about within the confines of the beyond the border initiative. It has been talked about both in the previous government and the Liberal government.

Let me tell everyone what the current Minister of Public Safety, who is responsible for our border, said about this in the House of Commons in February 2011. He said the following when asking the Conservative minister of the time a question:

If we have a common entry and common exit system, does it not follow that Canada no longer has sovereign Canadian control over immigration and refugees? Canadians need to know what is at risk.

Certainly, the most experienced member of the Liberal government had concerns in 2011 on this exact system, that there was basically no debate on it, but now is being rushed through the House of Commons. I would like him to come to the House and describe how the provisions in the government's arrangements with the U.S. has satisfied the concerns he had at that time. That is his duty as a parliamentarian, particularly now that he is charged with this file. So far, I have not heard the concerns he expressed in 2011 addressed in this place.

It is interesting that this is happening in the context of a government that has actually relinquished its sovereign control over our border, to use the his language, “sovereign control”. The Liberals had relinquished it when the Prime Minister said that anyone can come into our country without respecting our sovereign control over our border, and without respecting our well-established, world-recognized fair systems for refugees, asylum claims, and immigration. Perhaps the largest failure of the government has been on the sovereign control of our border. Therefore, I hope the Minister of Public Safety will come to the House and let us know how the concerns he had years ago about a common exit system has been addressed within the confines of thousands of people coming from the United States into Canada illegally.

As I have said constantly, it is okay for a country to enforce its laws. This is a basic element of sovereignty. It is okay for a country to say that it will have a rules-based system with respect to claiming asylum, refugees, and immigration issues. It is fair. In fact, it was a previous Liberal government that put into place the safe third country agreement with the United States to ensure we had a rules-based system on both sides of the border. However, so far in this debate, I have not heard from any government member how that is addressed in Bill C-21, at a time when it is fair to say our border is in crisis. Therefore, since the Minister of Public Safety, as an MP in 2011, expressed concern then about sovereign control over our border, perhaps he should be in the House and perhaps the bill should have been debated a few months after it was introduced and not well over a year later.

However, I am not done with the hon. member, my friend, the Minister of Public Safety. In his supplemental on that same day in February 2011, here is what he said the government of the day should be achieving in return for a common exit system. He said:

Could the Prime Minister at least guarantee minimum gains for Canada? For example, will he get rid of U.S. country of origin labelling? Will there be no more buy American policies? Will we get hassle free access for durum, beef, pork and softwood? Will passport requirements be removed? Will Canada be exempt from the patriot act? What are the guarantees?

I am probably not delivering it with the gusto he did that day. He is experienced in gusto. However, what he was saying was that the beyond the border initiative should be a partnership with our friends in the United States. It should be two countries working together on areas of mutual interest and for Canada to make these changes, we should see that our national interests were being addressed in the United States concurrently.

If we look at the member for Regina—Wascana, as he was at that time, with his list of demands, those were the issues, minor irritants between Canada and the U.S. Fortunately, my friend who has retired from Battlefords—Lloydminster worked very hard on the rules of origin and issues related to beef, which are some of these issues we have with our closest friend.

However, it was clear the Minister of Public Safety wanted something in return for a common exit system. He wanted to see Canada's interest being advanced with our friends in the United States.

Is that happening now? I would say it is not. I sadly have to remind my friends in the House that when our Prime Minister introduced President Obama right in that spot, he introduced his bromance, his dudeplomacy friend. I have said countless times how embarrassed I was that day for our leader to introduce the leader of the free world, as the U.S. president is often called, in such terms. Quite frankly, it was immature.

How did that bromance benefit Canada beyond the state dinner, the media coverage, and magazine spreads from that state dinner? President Obama cancelled the Keystone XL pipeline within months of the new Liberal government.

We have Bill C-21 and Bill C-23 on border and pre-clearance changes. We are changing and legalizing marijuana, which will affect thousands of Canadians going to the U.S. The pre-clearance bill impacts that. The Liberals could not even get the U.S. Immigration and Customs Enforcement to remove one question from its pre-clearance. We could not even get a question removed from the ICE screening in the United States, yet the U.S. is getting Bill C-21 and common entry exit. The Minister of Public Safety demanded that Canada's interest be advanced concurrently with such a radical move.

While the Conservatives support the beyond the border initiative, we support getting wins for Canada. Regardless of who is in the White House, our friends in the United States will respect us if we come there for a win, not just for a state dinner. In fact, the day he was in Washington, and I have mentioned this before because my friend from Yukon was part of the debate as the last session wrapped up, our Prime Minister committed to freezing between 10% and 20% of the land mass and the ocean mass in the Arctic from any development or any work on that land without even consulting first nation leaders or territorial leaders.

He basically, with one stroke of a pen, or a tweet, blocked off northerners from developing their own economy. In the age of reconciliation, he gave a courtesy phone call to territorial leaders one hour before the event with President Obama.

I think people can understand why I am concerned. In the last two years we have been on the losing end of our most important relationship. As we are days away from the third round of NAFTA renegotiation, people can understand why I am concerned. The very fact that we are debating this in September 2017, when the bill was introduced in June 2016, just before the House rose, and there is virtually no debate, shows that the government is not putting the priorities of Canadians, with respect to trade and our friends in the U.S. as a priority.

I would remind the House that it was only 2011 when the Minister of Public Safety basically had an itemized list of wins he was expecting the Conservatives to have before ever supporting a common entry and exit system in beyond the border. We should hold him to the same list.

Let us switch to this Parliament, because that is too much from 2011. Really, the only substantive contribution I have seen before the debate this week to debate over Bill C-21 has been from the MP for Orléans who is charged with the American relationship. He is the Parliamentary Secretary to the Minister of Foreign Affairs and is tasked in that role. He is a friend of mine. He is a retired general. I think the logic was to have him leverage some of those relationships to build on the American relationship.

What did that member list as the five priorities he saw as the lead with the United States? He mentioned Bill C-21 and border security as one of his issues. He predicted a thinning of the border, as he described it.

With the events in Quebec and Manitoba in the last eight months, a disappearance of the border might be a better description. What the member described as a thinning of the border he put as a priority and Bill C-21 was brought forward.

What were his other issues? Regulatory co-operation was one. We support a regulatory co-operation council. I spoke in Washington on that as parliamentary secretary. We will support the government on streamlining regulations to allow the same approach to pesticides and a whole range of issues, from our farmers right through to producers and distributors.

The member's second priority was energy security and environment. That is interesting, because under the member's government, the U.S. cancelled Keystone XL. The new administration appears to be bringing it back, following the science and the fact that there are going to be jobs on both sides of the border and access for our goods.

The government has been weak in that area, as I mentioned, border security in Bill C-21 and NORAD. In the last few days we have heard testimony at defence committee about North Korea's capabilities in the last few months. My friend from Scarborough—Guildwood shares some of my concerns with respect to that regime, yet the Prime Minister has closed the door to modernizing NORAD with respect to ballistic missile defence. This at a time when we know that the capability of the North Koreans could cause intense and incredible harm to North America. We heard our own generals say in that construct that the way things stood now there was nothing that said the U.S. would need to respond if Canada was threatened because we had opted out of that option, and the Prime Minister has already closed the door. The member for Orléans, who has listed this as a priority, should remind the Prime Minister of that.

The government's fifth priority was empowering women entrepreneurs as the member listed it.

All five issues are important but I have not seen them advanced by the government in any meaningful way since its election. That causes me great concern.

On September 23, we will be hosting our friends from Mexico and the United States for the third round of NAFTA renegotiations. I had a good talk with the Minister of Foreign Affairs today. She knows how much respect I have for her. I am glad she is in that role in the Liberal cabinet.

However, I am concerned that the government's list of priorities going into these negotiations does not mention rules of origin for the automotive industry. U.S. free trade in many ways grew out of Brian Mulroney's work on NAFTA and U.S. free trade before that, but I would remind my friends that it grew out of the Auto Pact from the 1960s.

My dad worked in the auto industry, including at Ste-Thérèse, which is why I was born in Montreal. The auto industry has been integrated on a North American basis, a Canada-U.S. basis in particular since the 1960s. That is how free trade started on this continent, yet the auto industry was not listed as a priority.

Softwood lumber, our perpetual irritant with the U.S., was not mentioned as a priority in that speech. Our Conservative government was able to secure a deal on softwood lumber but so far the Liberals have had trouble with this issue.

Our resource industry writ large, the largest employer of indigenous Canadians, was not listed as a priority. Mexico has put its resource industry as a priority. We have listed a range of other important issues, but we have placed them as priorities when in the past they have been side agreements negotiated after rules of access, export, and everything else was negotiated.

With a government that has seen the erosion of Keystone XL, has seen the NAFTA agreement put forward for full renegotiation, has seen a U.S. government increasingly getting what it sees as a priority with Canada, including intellectual property changes, a whole range of things, we do not see Canadian interests being advanced with our friends and most important ally. That is concerning and it should concern the millions of Canadians, who rely on trade with the United States, about their future. It should concern Canadians that when the threat is evolving and NORAD is being modernized we are not part of those discussions.

In 2011, it concerned the Minister of Public Safety and Emergency Preparedness that a common exit system would be negotiated without clear wins for Canada. I do not see those wins. I do not see the debate. I would like to see the government put Canadian priorities forward for a change.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, the member mentioned a critical item. We have Bill C-21, Bill C-23, and a number of preclearance and customs acts before this place. We have thousands of illegal crossings of our border, yet we have seen no major funding initiative from the government to either empower what it intends to pass with Bill C-21 and Bill C-23 or any plan or funding to handle the significant illegal entries happening in Quebec and Manitoba. As our colleague, our shadow minister for immigration, has been saying, not having a plan is a failure.

Now we see tremendous changes to the preclearance and customs exchange of information yet no plan to fund that. I would ask the hon. member her thoughts on that lack of funding at a time when our border and changes to it are in crisis.

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

Mr. Speaker, first, I would like to join the minister in expressing my condolences to the family of our esteemed colleague Arnold Chan. His death was a great loss to everyone in the House, regardless of their party. We stand in solidarity with the Liberal caucus and Mr. Chan's constituents, family, and friends at this difficult time.

We are here today to talk about Bill C-21, which the government introduced in June 2016. The government is very enthusiastic about this bill. It is now September, and we are finally talking about it, so we can see how enthusiastic the government is about this bill. Perhaps the purpose of the bill is to pander to the Americans during the NAFTA negotiations. Who knows.

It is important to understand the context here. The minister, in answer to my question, and the member for Laurentides—Labelle in his comments talked about the bill as though it was a piece of stand-alone legislation, when in actual fact it is part of an information-sharing agreement between the Canadian and American governments. We can look at the measures set out in the bill, but they are part of a broader agreement and broader operational practices that are beginning to be implemented for our services at the border.

Things are very different now, and if we take a big-picture view of border issues, Canadians are clearly concerned. The same issues come up over and over. Take cellphones, for example. There is a glaring lack of protection when it comes to cellphone searches and what we call the briefcase law. People surrender a certain degree of privacy at the border. That interpretation of the law is fine if we are talking about someone seeing our unmentionables in a suitcase, but a cellphone that contains vast amounts of information about an individual is something else entirely. That is just one of the concerns we have about the border.

Things have changed now that Donald Trump is in office. In recent months, there has been discrimination at the border. Everyone knows that. The minister says that, statistically, fewer Canadians are being turned away at the border than in previous years. That is not an acceptable answer when people are being subjected to degrading treatment by U.S. border officers who ask them questions about their religious beliefs, their country of origin, and the colour of their skin.

This context is extremely important for understanding where our concerns for this bill are coming from. The minister tells us not to worry, that it is basic information that will be shared, information that is found on page 2 of one's passport. In reality, subclause 92(1) of the bill states that:

the Agency may collect, from a prescribed source, in the prescribed circumstances, within the prescribed time and in the prescribed manner...

It goes on to describe what the Agency is authorized to do. The key phrase I want to draw to the attention of the House is “the Agency may”. It is left to the discretion of border services whether to keep the information or not. At a place like customs, where discrimination is on the rise because people are judged by their destination and their origins, this is quite problematic. This could lead to increased profiling. God knows that there is too much of that already at the border.

Let me go back to the agreement that led to this bill.

The entry/exit program is only just beginning and will grow. Despite the enthusiasm that Liberals and Conservatives might have for it, we are going down a very slippery slope here. Before we continue, someone needs to put on the brakes because what we are seeing here is further integration at the border. That might seem great if all that we are considering is efficiencies, but we want to consider people's rights at the border, but that is lacking in the conversations that are happening.

Where does it end? When we talk about the context that I described with regard to cellphones and the lack of legislation as to what people's rights are when they are asked to unlock their cellphones and provide that information, and when it comes to the profiling that is happening at the border, that also applies to what new tools we have brought into place. The current U.S. President has floated the idea of using biometrics at the border. Will that end up becoming part of this kind of entry/exit agreement on top of the biographical information that would be provided? We do not have answers to these questions.

The fact of the matter is that any information that is being collected and shared will lead us down a path that we have seen before, because, quite frankly, as I said in my question for the minister, some of the most egregious human rights violations that Canada has been a part of, even if by proxy, have happened because of the sharing of information. That is something we are doing more and more in a post-Bill C-51 world, which, by the way, was a bill that the Liberals supported. That is the reality that we have to take into account when we consider increasing the amount of information we are sharing. It is not only biographical information, but also about where people are going to and coming from. While that might seem fine for someone who is not being profiled at the border, there are certainly many law-abiding Canadians who know what the experience is like, who because of where they are going to or where they are originally from; because they might be dual citizens and because of the country from where other citizenship is from; because of the colour of their skin and their religious beliefs, suddenly that basic biographical information being collected and shared with the U.S. government takes on a whole different context despite the fact they are law-abiding Canadians. That is very troubling, and even more so when I hear the minister talk about the fight against radicalization.

Certainly it goes without saying that we all agree that radicalization is an issue that needs to be tackled. Here, I would add that we are still waiting to hear more about what the government is going to do with its grassroots approach to taking on the fight against radicalization. We have not heard much about that in a little while, but that is a sidebar.

The reality is that when I hear things like that and the Conservative member who just spoke, and this bogeyman that is raised of how we are going to go after terrorism, there is a code there and we know what that leads to at the border and the treatment that people go through afterward. That is not something we want to see happen. Sure, we can have faith in our CBSA officers, the men and women who do extraordinary work despite limited resources because of successive Liberal and Conservative governments, but we are also looking at what the U.S. is going to do with that information. That is where the danger lies.

President Trump has signed an executive order explicitly stating that persons who are not U.S. citizens are now excluded from the protections offered by United States privacy legislation.

That is extremely dangerous, considering that the Canadian government is rushing to partner with the U.S. government to increase the amount of information it shares with the Americans.

Given that the President of the United States says he may consider torture acceptable and given that Canada has a ministerial directive in place allowing for information to be shared with countries that engage in torture, we are facing a big problem. I am not saying that this is exactly what the bill says, but the upshot of this bill is that we will be sharing more and more information.

It is a very slippery slope, since we keep sharing more and more information with other countries, including the United States. Even though the U.S. is an ally, the statements coming from the current administration are cause for concern and make the idea of sharing information about public safety and national security extremely troubling.

In a post-C-51 world, the accountability procedures are wholly inadequate. Let us look at the facts. An article published by the Toronto Star in August said the following:

CBSA has quietly started receiving and sharing some information with the U.S. government.

That means some information sharing was already allowed even without this bill being passed. The bill will just settle things for good.

The risk is that this may be done more covertly, without proactive transparency. At the end of the article, it says that Canada Border Services Agency plans to update the privacy assessment once the bill comes into force.

It is far from reassuring that we are talking about doing another privacy impact assessment after the bill is adopted. In that spirit, the role we have as parliamentarians is to protect Canadian safety, but also their rights, and their right to privacy more specifically. As far as this bill is concerned, we should look at how much is left up to regulation in the bill. For example, under “Regulations”, the bill states:

The Governor in Council may make regulations for the purposes of this section, including regulations

(a) prescribing the information that must be given under paragraph (1)(a);

(b) respecting the conveyances in relation to which information must be given under subsection (1);

(c) prescribing the persons or classes of persons who must give the information under subsection (1);

(d) respecting the circumstances in which the information must be given under subsection (1); and

(e) respecting the time within which and the manner in which the information must be given under subsection (1).

Those are all things that the Governor in Council can do through regulations. That essentially means, for the people listening at home, that those are things that the minister can decide to do all on his own, without a proper vote in the House of Commons on a piece of legislation. That is extremely troubling. If we go back to the debate on Bill C-23, which is the sister legislation in the context of this more integrated border with the U.S., in committee, I asked public safety officials which regulations would be changed, as that bill also opened the door to all of the regulatory changes that could potentially change the scope of the bill. That certainly concerned New Democrats. I will give the Liberals credit. They got back to us and provided a list of regulations that may change, but the list was not exhaustive.

As parliamentarians voting on a bill and trying to protect Canadians' rights in the context of sharing more of their information with the American government, especially under the current circumstances or regime, if I can use that term, it is extremely troubling that there is so much latitude allowed for regulatory changes. We certainly understand that there is a place for regulatory changes in the way that our government functions, but when it comes time to prescribe what information is shared, who is sharing it, and how they are sharing it, which is the core of the issue with this bill, that cannot be left out of the accountability process, which obviously includes debate in the House and study at committee.

When I was in Washington with the Standing Committee on Public Safety and National Security, I learned about some new tools, such as digital fingerprinting and facial recognition, that the U.S. may begin using at its border. Those things are still in development, but they are getting to the point that the U.S. government will be looking to deploy them.

The minister is trying to reassure us by saying that he is in constant contact with his American counterpart, but people at Homeland Security envision using exactly those kinds of tools in the context of this information sharing agreement. We could very well see a higher level of integration. In the statement on greater integration of border operations that came out of the meeting between the Prime Minister and President Trump in Washington, they talked about the possibility of our border officials hosting American border officials.

Forget about all of the problems that co-locating two agencies from two different countries could cause, if only in terms of collective agreements and working conditions. Let us just talk about training. The minister took the time to point out that officials would be trained to protect Canadians' privacy and would always act in accordance with the law. I am not questioning the work that is going to be done, but when we debated Bill C-23, which would allow American officials on Canadian soil, we asked Public Safety and Emergency Preparedness officials what the plan was for delivering that training while ensuring respect for the Canadian Charter of Rights and Freedoms, privacy laws, and even Bill C-23 itself, and we were not remotely satisfied with the answers.

The minister can be as reassuring as he wants, but it takes more than that. We need something tangible that truly outlines the process that will be put in place for protecting people's privacy. Even if the process is clearly spelled out to us, in an agreement like this with a bill like this, given the way in which Canadians' information will be shared with the U.S. government the minister must admit that the information will not enjoy the same protection in American hands, even if we have the best men and women working as Canadian border officers and the best legislation in place and if we are making every effort to protect people's privacy.

The minister can reassure us all he wants, but, as he so often says, the Americans can do what they want. That is reason alone to not only oppose the bill, but, as I said, to also rethink the agreement.

As I have said time and again, we are seeing a troubling tendency with the new information related to the public safety file globally, whether it is the Justice Noël decision related to illegal collection of metadata by CSIS; the Privacy Commissioner reporting last week that the RCMP has illegally obtained information from cellular phones six times in the last year; racial profiling at the Canada-U.S. border; people being asked to unlock their cellphones and provide social media passwords at the border, without clear legislation in that sense; or whether it is the fact that two years in we still have not seen any changes to Bill C-51. We finally tabled a bill in the dying days of the last sitting of the House, which does not go nearly far enough.

It is a troubling tendency we are seeing that is undermining the confidence and trust that Canadians have in their national security agencies and in the approach that successive Conservative/Liberal governments have had. There is a lack of understanding that rights and security are not a zero-sum game, and that the word “balance” implies that there is sacrificing of part of one or the other. We need to do both. Unfortunately, that is not the report card that the government can have.

We look at a bill like this, at these kinds of agreements more broadly, as we decide to share more and more information with a U.S. government that is being led by a president who has opened the door to the use of torture, and has removed privacy protections on information, not only for his own citizens but even more importantly for non-Americans. For Canadians, in that specific context the government cannot ignore it. Whether it is trying to fast-track this bill that was tabled in the House in June 2016, maybe to make nice for NAFTA negotiations, the fact is, it is about time that the government started to hit the brakes on this willy-nilly sharing of information.

I want to end on one piece. If the government is so proud of this agreement, if it really thinks it is doing the right thing, I have one question to ask. Unfortunately, I will not get to ask it, so I will ask it rhetorically. Why is it that on the first day back in the House of Commons, after a great summer of work that we all spent in our constituencies, that we are hardly going to hear any Liberal speakers? The minister has spoken, and there will maybe be a handful more speakers. However, it is mostly New Democrats and Conservatives who will be carrying the debate.

Maybe my Conservative friends can tell me what is so great about this bill, because, sadly, I do not think I am going to hear about it from the Liberals. They have certainly not made the case for it. The “just trust me” approach by the minister is not good enough when it comes to protecting Canadians' rights and privacy.

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

Mr. Speaker, I thank the hon. gentleman for his kind remarks with respect to our late colleague Arnold Chan.

On the issue of commercial goods, the key legislation in respect to speeding the movement across the border has already dealt with by the House in Bill C-23, the whole issue around pre-clearance. The House has given its approval and that bill is now in the Senate waiting approval. It provides the framework within which we could extend pre-clearance of passengers to pre-clearance of cargo. The President and the Prime Minister specifically agreed to pursue that when they met in the spring, and it is very high on the agenda for both countries.

With respect to tax matters, which has nothing directly to do with this legislation, the fact is that the government is in pursuit of two very key priorities: to ensure our economy grows and succeeds and to ensure the tax system is fair to all Canadians in every part of the country.

Business of the House

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

Mr. Speaker, I am seeking unanimous consent for the following motion. I move:

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

(a) if Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States, is concurred in at report stage later this day, when debate on the said Bill collapses at third reading, all questions necessary for the disposal of the Bill at that stage be put forthwith and successively without further debate or amendment, provided that, if a recorded division is requested, the bells to call in the members shall ring for not more than 30 minutes;

(b) Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), be deemed read a third time and passed on division;

(c) Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, be deemed read a third time and passed on division;

(d) a message be sent to the Senate to acquaint Their Honours that the House disagrees with the amendments made by the Senate to Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017, and other measures, because these amendments infringe upon the rights and privileges of the House;

(e) when the House adjourns today, it shall stand adjourned until Monday, September 18, 2017, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Thursday, June 22, and Friday, June 23, 2017; and

(f) when, at any time the House stands adjourned until and including Friday, June 23, 2017, a standing committee has ready a report, that report shall be deemed to have been duly presented to the House upon being deposited with the Clerk.

Public Safety and National Security

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 12th report of the Standing Committee on Public Safety and National Security in relation to Bill C-23, an act respecting the pre-clearance of persons and goods in Canada and the United States.

The committee has studied the bill and has decided to report the bill back to the House, with amendments.

Opposition Motion—Canadian Economy

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, for once, I am without words in this place. We should probably rise after that eloquent advice and address from the member for Scarborough—Agincourt, but I know he would want our parliamentary democracy and the wheels to continue. I would remind him, in a friendly way, that I was very much correct when I was in Vulcan.

I should add that I am splitting my time with the hon. member for Brandon—Souris.

With the current plan of the Liberal government, high taxes, high deficit, high debt, a war on resource-based jobs that are considered second-class, it would look like we are not en route to live long and prosper, as I joked with my friend from Scarborough—Agincourt that day in Vulcan.

That underpins why we are debating this today. It is a very cogent motion from my good friend, the MP for Selkirk—Interlake—Eastman, with a list of issues that show how in a year and a half our economy has been set back. In many ways the phrase “Canada is back” now means back into deficit, back into debt, back into higher Liberal taxes, back into cutting the military although suggesting at some magical point in the future the Liberals will put more money into it.

The member for Selkirk—Interlake—Eastman has put in a number of items that we should be mindful of as we debate the economy.

The first is the deficit. We know when a government runs a deficit, that means one of two things. Either it will have to cut spending at some point in the future, cut programs, or it will have to raise taxes. Many economists look at deficits as deferred taxes.

When the Prime Minister was the leader of the third party, he said Canada was in a recession and they needed infrastructure jobs. Therefore, he promised he would run a modest deficit, never to exceed $10 billion. He broke that promise within three months of becoming prime minister. In fact, the Liberal government could only dream of deficits in the $10 billion range. The Liberals' last budget tabled a $28.5 billion deficit, while at the same time raising taxes.

Not only is the deficit a sign that there are more tax increases to come, the Liberal government set on an unparalleled course of raising taxes on families, on seniors by reducing the TFSA eligibility, on employers through the CPP payroll tax, through rolling back the planned reduction to small business. Now with the nationalized carbon tax, it has literally taxed every group and mode of economic activity.

As we joked recently about the Liberals' Saturday night budget tax, they are taxing beer, wine, and an Uber ride home. Therefore, on the so-called sharing economy, they are even taxing sharing. That I guess is sunny ways: broken promises on the deficit and taxes as far as the eye can see of all flavours and stripes.

I would remind the Minister of Public Safety, who has been here for many years, what he said when he criticized the last government. He said:

Does the minister take satisfaction in that debt number? Why, in arriving at that sorry position, did his government put our country into deficit again, before the recession occurred? It was not because of the recession. It was before the recession. That is when they blew the fiscal framework.

Despite the third party leader's claims during the 2015 election, there was no recession. There was no need to run an even modest $10 billion deficit. However, with their reckless spending, the Liberals are running $28.5 billion in deficit, with no discernible impact on jobs from infrastructure and with capital in the resource economy and in manufacturing. Just a few weeks ago, we saw Procter & Gamble Brockville fleeing our country because of the high tax, high regulatory regime.

It is an astounding record. That is why my friend from Selkirk—Interlake—Eastman brought this to the floor of the House of Commons. The most important issue facing a family is whether there is a job for mom and dad if they want to work. Do they have that opportunity? They do not with the Liberal government, which has set out to have classes of jobs. IT and technology jobs seem to be acceptable to the government, yet resource-based jobs, softwood lumber jobs, or jobs in the fishing economy in Atlantic Canada somehow appear secondary to these cluster-based concepts it is going after.

Nothing shows this more than the most recent addition to our cabinet, the member for Burlington. Before getting into politics, she suggested we should close the oil sands, a comment that even the Prime Minister has let slip out from time to time. The government feels that the single largest contributor to our GDP, to the economy, to health care, to the programs we have, should be closed, like a turnkey solution, and maybe those people can get jobs in the so-called infrastructure bank, or the office towers of bureaucrats that the government is hiring. Maybe they can look at the 147 government programs on innovation to find a job that is acceptable to the government. Clearly getting one's hands dirty bringing product out of the ground and getting royalties for Canadians seems somehow secondary to the government.

I sat in the House when President Obama addressed us. The Prime Minister embarrassed us that day when he said that we were here to see a bromance in action. Frankly, I was embarrassed that our Prime Minister said that in the chamber while introducing the then President of the United States.

What did that bromance get us? President Obama cancelled Keystone XL. He would not finalize the softwood lumber agreement with his bromance dudeplomacy pal. He would not give us a good border deal. Bill C-23 gives the Americans a lot of benefit on Canadian soil and gives us nothing. It will not even remove the marijuana question from the preclearance screening to enter the United States at a time when the government is legalizing marijuana. It was a one-way deal. The Americans got everything and the Liberal government got a state dinner with seats for family and friends. That is not a win. That is not negotiating in our interests.

As my colleague from Selkirk—Interlake—Eastman reminded the House, it was the Conservative government that negotiated a deal on softwood, that gave certainty to 1,100 workers, who are now likely going to lose their job in the next few months, and gave $300-plus million in economic activity, which is now lost. The Liberals have gone nowhere, even when they had this bromance with President Obama. When the Prime Minister had dinner with Mr. Obama in Montreal last week, I hope Mr. Obama picked up the cheque.

We literally have seen nothing from the government when it comes to the American relationship, which is an important one. Now the government, with its motions on the fly, and making up foreign and defence policies on the fly, seems to think its job is to be the global opposition leader to President Trump. Its job is to help Canada. Its job is to create jobs for families in western Canada, in southern Ontario, in Atlantic Canada, and in our north.

The Prime Minister has been all around the world, yet he has not been to Yukon. That is an embarrassment. It seems the government views resource jobs in our north and western Canada as second class. I was so proud that my first real job as a young person was working for TransCanada, inspecting the pipeline that runs through the Belleville to Ottawa area, which is the safest way to transit our resources to market. However, the government will poll an issue before it will determine what is in our country's best interest. It will ask foreign leaders what it should do. It will give our money to other countries' green programs, while our resource economy is hurting.

When I was in Calgary months ago, I was in line at McDonald's for a coffee and a mother behind us said to her sons, “You'll have to change your order because mommy lost her job and we're going to have to make some changes.” There have been thousands of stories like that in Alberta, and people have heard nothing from the Liberal government.

In fact, with its antithetical approach to our U.S. ally, we are going to increasingly be talking about multilateralism but are going to be closed off from economic, trade, security, and defence opportunities. This motion is reminding Canadians that the failures of the Liberal government on the economy are profound, and we need to turn it around.

Cannabis Act

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, I would like to thank my friends on this side of the House, although I did not hear any applause on the other side of the House. I know I am standing in the way of the House leader introducing another closure motion, so I am going to use my time judiciously.

As I said last night, the record of incompetence of the government is truly astounding. Only 19 bills have reached royal assent, yet it has now used closure 25 times. The Liberals have limited debate more than they have passed legislation in this House. This is setting records in our parliamentary democracy.

What I said is that this is actually a good thing, because if we look at the government's economic performance in taking Canada from a $1-billion surplus to an almost $30-billion structural deficit, we see that even though it raised taxes on people, on job creators, on small businesses, on payroll, on carbon tax, on excise tax, on the sharing economy, on beer, and on wine, it still cannot balance the budget.

Perhaps I should take it as a blessing that the Liberals have only been able to get 19 pieces of legislation through this House. Our country could potentially be in ruins if they were a little more ambitious in Parliament.

I am going to speak tonight, late at night, on the tyranny of the progressives. That is what we see with the government. It has an attitude that it knows what is best for us. If we dare criticize what it is doing, we are not supporting Canada's future, or if it does disagree with our position, it simply says we do not understand. It is a put-down to debate in this House.

I have listened to the standard speeches talking about organized crime and providing ridiculous arguments. We have tobacco, and organized crime is still involved in contraband tobacco, so I am shocked that the member for Scarborough Southwest and other members in the Liberal caucus would suggest that once this bill has passed, suddenly organized crime will not have any role in the sale of cannabis. These arguments are actually detracting from a serious debate on this issue.

Last night I spoke a little about my friend the parliamentary secretary to the government House leader, the member for Winnipeg North. He has given us a treasure trove of quotes, because he used to stand in this place with outrage any time there was an omnibus bill or closure was used. Now he is the quarterback for the government House leader. That gives me a treasure trove of hubris, as I called it last night.

This bill is the biggest example of how the government seems to have forgotten one of its old siren calls, “evidence-based decision-making”. Do members remember, in the last Parliament, how they rallied around that as the third party?

Let me remind my friend from Winnipeg North what he said in 2012:

Good government policy is made when you have evidence-based policy decisions.

What did the Treasury Board secretary, who was then in opposition, say? He even turned a witty phrase on it. On a public health issue, he said:

There was a time when governments were guided by evidence-based decision-making; this government seems to be guided by decision-based evidence-making.

That is what I just sat through in this rushed debate on marijuana. The government is failing with this legislation on a public health front, on a public safety front, and on the mobility of our citizens with Bill C-23, which I think is the example of the biggest act of incompetence of the government that I have seen in my time in office.

The Liberals have negotiated a bill on preclearance at customs. They are giving immigration and customs enforcement officials from the United States the ability to search Canadians on Canadian soil, yet our government, the Liberal government, could not even get one simple preclearance question taken out of the U.S. repertoire: “Have you ever used marijuana?” If a Canadian says yes, they can be banned from travelling to the United States.

When the government had its state dinner, when the Prime Minister was so busy bringing his family and the public safety minister was so gosh-darned excited to get a tour of the Oval Office, the Liberals negotiated the most one-sided preclearance customs deal in the history of this country.

The Liberals are legalizing marijuana, yet they can not even ask the U.S. to remove that one question from pre-clearing. They are allowing the U.S. to come on our soil and search and interrogate our citizens. If that is not the biggest example of failure of the interests of Canadians in an international treaty, I do not know what is.

I will also speak about the other two fronts, public health and public safety. Perhaps the best quote is the editorial by the Canadian Medical Association, which condemns the bill. Its editorial, which was released a few weeks ago, said:

The purported purpose of the act is to protect public health and safety, yet some of the act’s provisions appear starkly at odds with this objective, particularly for Canada’s youth.

Simply put, cannabis should not be used by young people. It is toxic to their cortical neuronal networks, with both functional and structural changes seen in the brains of youth who use cannabis regularly.

That is an evidence-based opinion of cannabis doctors.

In recent weeks, Quebec and Manitoba have asked the government to slow down. There is no ability to ensure youth are protected right now in provincial regimes. There is no court approved test for roadside impairment from THC. Law enforcement is not ready and is asking the Liberals to stop. Our physicians are asking them to stop. However, once again, it is the tyranny of the progressives; they know what is better.

How dare we disagree? In fact, the Liberals are limiting debate on this again. How dare we share some of the concerns that families have about exposure of marijuana to their children. We know it harms IQ development. It can harm brain size development. The government likes to quote Colorado's example. Colorado is using 21 and is already experiencing incredible problems, where young children are seeing edibles in households and are being rushed to emergency rooms.

The Canadian Medical Association also decries the use of home-based growing, where the THC, the medicinal benefit, is not secured and rates of use can skyrocket. Organized crime can infiltrate this home-based portion of this legislation.

We have a government that made a promise when its leader was the third party leader, with no sound evidence behind implementing the promise, in full knowledge of the fact it would violate international treaties and, I hope, with some knowledge of the fact that they would limit the mobility rights of Canadians who wanted to travel to the United States. If they say they have used marijuana, they can be banned from travel.

Since I was in high school, when Mothers Against Drunk Driving was set up some 30 years ago, we have been fighting alcohol impairment. Law enforcement has been on the front lines of that. We do not have reliable measures and law enforcement has said it is not ready for the increase in impairment in cannabis it will see. The government is not only rushing this through blindly, but it is disregarding the opinions of our physicians and the positions of law enforcement, including the chiefs of police of Canada, of which the parliamentary secretary used to be a member. It is also disregarding provincial partners.

As a lawyer, as a dad, I want to know that we are debating these serious issues completely in the House, relying on evidence-based decision-making. When our physicians and others are telling us to slow down, we should listen. The Liberals used closure on the assisted dying bill. In The Globe and Mail on the weekend, I saw how the Canadian Medical Association and doctors across the country were having trouble interpreting that law. The Liberals are rushing out of this sense that they know better for Canadians. It is a condescension toward our parliamentary democracy that is unparalleled. All we are asking for is a little more debate. All we are asking for is evidence-based decision-making, but we are still waiting.

Privacy

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

Mr. Speaker, Bill C-23 does not provide U.S. preclearance officers with any electronic search authority that does not already exist. What Bill C-23 does provide is the umbrella of the Canadian Charter of Rights and Freedoms, which is not available when customs procedures take place only after one arrives at a destination point in the United States. Obviously, Canadians are better off with Bill C-23.

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

Mr. Speaker, there is not much use for LinkedIn when one can just get on the Liberal donor list, because that clearly seems to be the way in.

A letter from the Privacy Commissioner outlines his concerns about the powers granted to the Americans under Bill C-23. Despite the minister’s assurances, Canadians who will be intimidated or subjected to invasive searches by American border guards will not be able to pursue civil action. This grants American officers immunity on Canadian soil.

With Trump flirting with the idea of searching cellphones at the border, when will the Liberals finally reconsider this legislation and once and for all stand up for Canadians' rights?

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.

Foreign Affairs, Trade and Development—Main Estimates, 2016-17

[Andrew Leslie, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs (Canada-U.S. Relations)]

Madam Chair, I will be using 10 minutes for my speech, followed by five minutes for questions.

As we have said on numerous occasions, the Canada-U.S. economic relationship is balanced and mutually beneficial. Our economic ties to the U.S. are key to middle-class jobs and growth on both sides of the border.

Our partnership is also critical to Americans. Canada is the number one customer for U.S. exports and we are America's biggest market. Thirty-two states count Canada as their largest international export destination, with nine million U.S. jobs directly linked to trade with Canada. We do over $2.4 billion in trade a day, every single day.

We strongly believe that a whole-of-government and non-partisan approach is the best way to have an impact on American decision-makers and opinion leaders. That is what has happened in this Parliament, and we are all delighted. I will now speak about our key priorities.

At their first meeting in Washington, the Prime Minister and President Trump issued a joint statement that gave a clear indication of Canada's priorities in our relationship with the United States. The statement is a road map to upcoming co-operative projects between our two nations and it focuses on five key areas.

First, the growth of our economy, which includes such initiatives as co-operation on regulation. The Treasury Board Secretariat is leading an ongoing dialogue with American officials to move ahead with co-operation on getting rid of regulations that impede the flow of business. Another initiative is the Gordie Howe International Bridge. The Windsor-Detroit border crossing project is halfway through the bidding stage, and a private sector partner is expected to be selected next spring.

The second is promoting energy security and the environment. This focused area includes and identifies pipelines, and air and water quality. For pipelines, Keystone XL is now approved. The economy and the environment have to go hand in hand. There are several other projects like pipelines or electricity transmission lines that are at different stages for review.

When it comes to air and water quality, Environment and Climate Change Canada is working very closely with the U.S. and broad co-operation continues in some specific problem areas.

The third is keeping our border secure, of course. Entry-exit or, more specifically, Bill C-21, An Act to amend the Customs Act will allow for full implementation of the entry-exit initiative whereby Canada and the U.S. will exchange information on all travellers crossing the land border. We expect implementation by 2018. There will be a thinning of the border with a thickening of the outer perimeter of security.

There was also discussion of pre-clearance, namely Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States. Once the bill is passed, both countries will be in a position to ratify the agreement, which will provide a framework for expansion of pre- clearance to cargo. In other words, it will get stuff moving faster.

The fourth area of focus was working together as allies in the world's hot spots, which includes co-operation on NORAD, which of course is essential to our Arctic sovereignty, as well as dominance over our own air space, our military alliance with the U.S., not only through NORAD but also NATO. The steps for modernization are in the government's defence policy review. More news will be announced on that by the Minister of Foreign Affairs and the Minister of National Defence shortly.

There is also the coalition to counter Daesh, wherein Canada is a key member of this 68-member coalition. The minister attended the ministerial meeting in Washington, DC, hosted by Secretary Tillerson on March 22, where the future strategy to defeat Daesh was clearly laid out.

We have also made some specific proposals and taken action to counter the activities, the heinous crimes of Daesh, not the least of which is supporting, through military efforts, but also $804 million in humanitarian aid, to assist the most vulnerable.

The fifth and last area of focus in this thematic scheme is empowering women entrepreneurs and business leaders. We oversaw the creation of the Canada-United States Council for Advancement of Women Entrepreneurs and Business Leaders. The council is committed to removing barriers to women's participation in the business community, and supporting women by promoting the growth of women-owned enterprises.

We are committed to gender equality, the empowerment of women and girls, and the promotion and protection of their human rights. We see women as powerful agents of change, an experience I, myself, have seen in the war-torn lands of Afghanistan. These individuals have the right to be full participants, and influencers in peace and security operations. Achieving gender equality requires changing unequal power relations, and challenging social norms and gender stereotypes. We can lead by example in that regard.

The next issue is with regard to the terms of the engagement strategy.

Since January 20, the Government of Canada and the provinces and territories have been undertaking an ambitious pan-Canadian strategy to get the United States involved. This includes not only the Prime Minister's official visit to Washington in February—I had the pleasure of going with him—but also visits, meetings, and other discussions between the ministers, parliamentarians, and provincial and territorial leaders and their American counterparts, as well as political leaders at the national and state level.

The ministers have undertaken an action-centred program that targets 11 key states whose main export destination is Canada and that maintain vital economic links with Canada or have a significant impact on American policy and Canadian interests.

We have already made over 100 visits as part of this effort. Twelve parliamentary committees are planning or preparing to go on visits to the United States in the near future, and I thank them for that. Through these visits, calls, and meetings initiated by Canada's network in the United States, we have obtained the support of over 215 political leaders in the United States.

Top of mind, of course, is NAFTA, something we have already talked about tonight. I know it has been said before, and we are going to say it again. We are ready to come to the negotiating table with our American friends at any time. It has been modified 11 times since its inception. It is natural that trade agreements evolve as the economy evolves. Canada is open to discussing improvements that would benefit all three NAFTA parties.

Should negotiations take place, and we all expect they will, Canada will be, and is, prepared to discuss at the appropriate time specific strategies, but we are not going to expose our cards right now. Quite frankly, we want a good deal, not just any deal.

When it comes to softwood lumber, on April 24, the U.S. Department of Commerce announced it would impose preliminary countervailing duties on certain softwood lumber products from Canada. We disagree strongly with the U.S. Department of Commerce's decision to impose an unfair and punitive duty. The accusations are baseless and unfounded. We continue to believe that it is in both our countries' best interests to have a negotiated agreement as soon as possible with a deal that is fair for both countries.

We have been in constant conversation with our American counterparts. The Prime Minister raises this every time he interacts with President Trump, as does the minister with her counterparts. As a matter of fact, the last time she raised it with her counterparts was yesterday. That is literally hot off the press.

While Canada is committed to negotiating an agreement, once again, we are not going to accept just any deal. We need an agreement that is in the best interests of our industry. We want a win-win.

In conclusion, while we only touched on a couple of the highlights of our engagement on this very broad, complex, and deep relationship, it is clear that the partnership between Canada and the United States has been essential to our shared prosperity. Our trade with the United States is balanced and mutually beneficial. We are its largest customer. We invest more in the U.S. than the U.S. invests in us. We are the Americans' biggest client.

We will also continue to work with all parliamentarians to ensure that we maintain a united front in our engagement with the United States in a non-partisan fashion. The growth of our economy and working well with the United States is not a partisan issue. All members of Parliament are thanked, essentially, for their “all hands on deck” approach.

Canada's relationship with the United States is extensive, highly integrated, and prosperous. Thirty-two states count Canada as their largest international export destination. Nine million U.S. jobs are linked to trade with Canada, and we do over $2.4 billion in trade a day. That is why from the very beginning, our government looked for ways to reach out to the new American administration to advance issues of mutual interest.

It is also important to realize that it has been really a non-partisan approach. I would like to single out, as the minister has done, the interim Leader of the Opposition, the member for Sturgeon River—Parkland, for her fantastic work in Washington. I literally saw her in action now on two different occasions, once at the inauguration and once at another event involving the governors. She was on television. She was able to leverage her Rolodex of very impressive leaders in Washington itself. She was organizing her teams to actually get out there and interact with us. She dispatched a whole bunch of her members of Parliament down to pair off with their Liberal and NDP colleagues. Quite frankly, it was sterling leadership by example.

I would also like to single out the hon. member for Prince Albert, my opposite number, the critic. We have travelled to the United States many times. I find him knowledgeable, experienced, and once again a true Canadian at heart. It has been a pleasure to work alongside him.

I wonder if the minister would please outline her activities and elaborate on our engagement strategy with the United States at all levels and across all sectors.