Bill C-51 (Historical)

An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act

This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of a complainant’s record when in the possession of the accused.
This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Finally, it makes consequential amendments to the Criminal Records Act.

Criminal Code

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I want to come back to my previous question because I did not hear in the answer from the parliamentary secretary a reference to any particular amendment that has been adopted to address some of the concerns raised about what Bill C-51 might mean for the consent regime. I take his point that the goal of government is to provide greater clarity. Nonetheless, concerns have been raised by people who work with victims of sexual violence that notwithstanding the government's best intentions, it might inadvertently be changing the threshold for consent by tying it too closely to consciousness. The law currently recognizes a lot of other barriers to consent that one does not have to be unconscious for, because one can be conscious and have other reasons for why consent would not be valid.

Our party suggested alternative language through its amendments that would provide greater clarity and ensure that those existing protections under the law are not inadvertently voided by Bill C-51. The government did not take the opportunity to use that language. I did not hear a reference to amendments in his previous answer. Why did the government pass on that opportunity to provide greater clarity, which, according to the parliamentary secretary himself, is the purpose of Bill C-51?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I indeed agree with those sentiments. I thank my hon. colleague for the way he carefully articulated them.

In addition to the reforms that Bill C-51 will be implementing to clarify the law around sexual assault and consent, I want to point out a number of important initiatives that the government has supported to support victims and survivors of sexual assault.

Number one, we have provided additional funding and resources to legal aid. In addition to that, we have implemented a pilot project in Ontario, in Newfoundland and, most recently, in Nova Scotia to provide free legal aid services for a certain number of hours for the victims who step forward, who have serious or any allegations of sexual assault. That is the kind of enhanced access to justice that I know my hon. colleague supports.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I have the privilege of working with my colleague very closely on this important file. In fact she joined me very recently in my riding of Eglinton—Lawrence where we talked about criminal justice reform.

To answer the member's question, this bill will enable and empower women and survivors to step forward in a number of important ways. Number one, it will clarify our sexual assaults laws. It is very important that women know that they have the support they need from law enforcement, from our laws, from all stakeholders in the criminal justice system. It will do that.

It will clarify the laws around consent. It will ensure that an accused who is charged with this crime will not be able to rely on evidence of propensity, which is far too prejudicial and which we know far too often depends on old, outdated myths and stigmas. Bill C-51 is all about reducing those systemic barriers.

I want to applaud my hon. colleague for all the work she does in supporting women and survivors on this important file.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I thank my hon. colleague for his very thoughtful and articulate question.

I agree with him that Bill C-51, in the section that deals with reforming sexual laws, is precisely about clarifying the law. It is about ensuring that we are sensitive to the long-held and inappropriately held myths when it comes to those victims and survivors who have the courage to step forward. By passing this law, we will be reducing the systemic barriers, which for far too long have afflicted the criminal justice system and prevented women and girls from stepping forward.

With respect to the rape shield laws, I want to assure my hon. colleague that all of the amendments were carefully debated at committee. We are grateful to the committee for all of its work and for bringing forward those amendments, which have been adopted by the government. The rape shield provisions are tested in the law. They are about clarifying when consent has been lawfully provided and when it has not. I am encouraged that this bill will ensure more certainty and more clarity on this important subject.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I thank my colleague for his speech, which demonstrates the breadth and scope of the issues being addressed in Bill C-51. One of the issues he addressed had to do with the modification of language around consent to clarify exactly that means in an effort to codify some of the jurisprudence on the issue in the law.

I got to sit in briefly at some of the committee meetings dealing with Bill C-51, and stakeholders expressed a lot of concern, not about the language of unconsciousness itself and the inability to provide consent while unconscious, but the fact that it might be interpreted or argued by some that the emphasis on unconsciousness might rule out some of the other very real barriers to providing consent that are seen to be protected under the law. Our party and the Green Party both suggested amendments that might help allay some of those concerns. They were defeated.

The hon. member mentioned that some amendments were accepted. Did the governing party accept amendments on that particular issue, and if so, how did they address those concerns specifically?

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, our government was proud to introduce Bill C-51 on June 6, 2017. That day marked an important milestone in our ongoing efforts to make the criminal law fairer, clearer, more relevant, accessible, and compassionate.

Since that time, Bill C-51 has been the subject of extensive and compelling debate both at the second reading stage and during its study by the House of Commons Standing Committee on Justice and Human Rights.

I want to offer my thanks to the many members who have participated in these debates and to members of the standing committee in particular, whose deliberations strengthened Bill C-51 through amendments that seek to further the objectives we identified when we introduced this important legislation.

I would also like to extend my great appreciation to the many witnesses who took the time to examine the bill and appear before the Standing Committee on Justice and Human Rights. Although I may not agree with all the points that were made by the witnesses who spoke to this bill, I fully recognize the importance of their contributions because they have allowed Parliament to have a rich and thorough discussion on the bill.

I now want to walk through the changes included in Bill C-51. These have received broad support in this House, at committee, and among key stakeholders.

Bill C-51 seeks to address sexual assault, an issue that could scarcely be more relevant, given the present Canadian and international discourse on this important subject. Survivors of sexual assault and other forms of sexual misconduct are standing up and speaking out as never before. I am proud to say that our government stands behind survivors and that we are adding our voice to theirs by bringing change on numerous fronts, including the reforms set out in Bill C-51.

The bill proposes amendments that build upon an already robust legal framework that has been consistently regarded as one of the best sexual assault regimes in the world. However, despite its explicit acknowledgement that outdated myths about a victim's sexual history should have no bearing on whether she should be believed, and despite the clear rules about when consent is or is not valid in law, challenges remain.

What are those challenges? We know that sexual assaults continue to occur far too often in Canada. According to Statistics Canada, there were approximately 21,000 police-reported sexual assaults in Canada in 2016. That is an average of 57 sexual assaults every day in Canada. That number is staggering, but when, according to the general survey on victimization, only five per cent of sexual assaults experienced by Canadians over 15 are reported to the police, the likely number of actual sexual assaults that occur every day in Canada becomes unfathomable and could well be over 1,000 incidents every day. When thinking about those numbers and the fact that so many cases of sexual assault go unreported, we must think about what we can do to not only reduce the incidence of sexual assault in Canada but ensure that more victims, and let us be clear that this is a gender-based crime that disproportionately targets women and girls, feel encouraged to come forward to report their experiences to the police and to law enforcement.

One way we can, at the federal level, help encourage women to come forward is through law reform that increases the likelihood that our laws will be applied as they were intended, and in so doing, reduce the potential for unnecessary distress experienced by victims who participate in the criminal justice process. That is what Bill C-51 proposes to do. As introduced, it would make important changes to clarify the law, including by making clear that consent must be affirmatively expressed by words or actively expressed through conduct. This principle would codify the Supreme Court of Canada's 1999 Ewanchuk decision and make clear that there is no consent unless the complainant said yes through words or through conduct. Passivity is not consent.

We have also codified the principle set down by the court in its 2011 decision in R. v. J.A., where the court held that a person cannot consent in advance to sexual activity that occurs while they are unconscious.

The Standing Committee on Justice and Human Rights heard a number of witnesses on this particular amendment. Some witnesses expressed their support for this codification, but others argued that it did not entirely or accurately codify the court's findings in R. v. J.A. Those witnesses argued that J.A. stands for a broader proposition. They noted that the court held that our consent law requires ongoing conscious consent and that partners have to be capable of asking their partners to stop at any point. Our government was listening carefully to witnesses and members, and we are pleased to support the committee's amendment to Bill C-51 that would codify this broader principle from J.A. Doing so is in keeping with the objectives of the bill, including to ensure that the Criminal Code is clear and reflects the law as applied by the courts.

Bill C-51's proposed sexual assault reforms do more, however, than simply codify key Supreme Court decisions. They will also create a new regime governing the admissibility of evidence in the hands of an accused person, where that evidence is a complainant’s private record. At its core, this regime is anchored in the following key principles.

First, it respects the fair trial rights of the accused in that it does not prevent relevant evidence from being used in court. The Supreme Court has already recognized that an accused's right to full answer and defence does not include a right to defence by ambush.

Second, it acknowledges the privacy interests of a complainant. While privacy interests do not trump all else, the regime seeks to acknowledge that victims of sexual assault and other related crime, even when participating in a trial, have a right to have their privacy considered and respected to the greatest extent possibly.

Finally, the regime seeks to facilitate the truth-seeking function of the courts by ensuring that evidence that is clearly irrelevant to an issue at trial is not put before the courts, with its potential to obfuscate and distract the trier of fact.

These are important changes and ones that have been called for by Parliament. In their 2012 report on the third-party-records regime in sexual assault proceedings, the Senate Standing Committee on Legal and Constitutional Affairs recommended the enactment of a regime governing the admissibility of a complainant's private records in the hands of an accused. I am pleased that we are doing so as part of Bill C-51.

The second major aspect of Bill C-51 is its proposal to clean up the Criminal Code by removing offences that are no longer relevant because they address conduct that is not inherently blameworthy, because the criminal law should not be used to target such conduct, or because the conduct is addressed by other offences of general application.

To be clear, a foundational principle upon which our criminal law is based is that of restraint. This means that we, as parliamentarians, should ensure that criminal offences, with all the attendant stigma and consequences associated with being called a criminal, are only used to address conduct that cannot or should not be addressed through other mechanisms. Bill C-51 would reflect this principle by removing offences such as the prohibition on advertising the return of stolen property “no questions asked”, a provision under section 143; making crime comics; challenging someone to a duel; and impersonating someone during a university exam.

I am confident that removing these offences will have no adverse consequences and will help make our criminal law more reflective of the values Canadians hold dear in 2017.

Bill C-51 would make other important changes to remove offences that are no longer pertinent in today's society. One such example is the removal of the offence of blasphemous libel under, currently, section 296. This old offence, with its English origins in the 1600s, has as its purpose the suppression of criticism directed at God, the king, and government. Such an offence is a historical holdover and has no place in a liberal democracy, where freedom of expression is enshrined as a constitutionally protected right. In so removing this offence, we would follow the example of the United Kingdom, which repealed its analogous offence almost a decade ago, in 2008.

During the committee proceedings on Bill C-51, we heard testimony from the Centre for Free Expression that we should go further and that in addition to repealing blasphemous libel, our government should be repealing the offences targeting seditious and defamatory libel as well. Although such amendments would have been outside the scope of the bill, these are interesting suggestions, and they do indeed warrant further discussion.

I know, for example, that England abolished its seditious libel offences in 2009. I also know that there are divergent opinions on whether defamatory libel should be criminal. We have all benefited from the discussion on these proposals, and our government will take them under advisement as we continue to examine ways to make our criminal law and criminal justice system more reflective and responsive to the realities of Canada today

Before moving on, let me talk briefly about the amendment made by the standing committee to Bill C-51, which is supported by our government, that seeks to retain section 176, the offence of interfering with religious services. As the minister said when she appeared before the committee to discuss the bill, the repeal of section 176 would, in fact, not leave a gap in the criminal law's ability to meaningfully respond to the conduct captured by this offence. She also said that its removal would not in any way undermine the ability of Canadians to practice their faith freely and free from violence. Both statements remain true today.

At the same time, we appreciate and acknowledge that for many stakeholders, the removal of the offence would send the wrong message and that in an era when xenophobia and religious intolerance are all too frequent, Parliament has a responsibility to ensure that its actions do not, directly or indirectly, provide opportunities for the promotion of such intolerance.

Our government was listening carefully to members of the religious community, and I am pleased to say that we will support not only the retention of section 176 but an expansion of that section to ensure maximum inclusivity.

By way of conclusion on this point, I would note that intolerance of any kind is simply unacceptable, and I know that the vast majority of Canadians, even when they may not share the same religious convictions as their neighbours, will conduct themselves in a manner that is respectful and welcoming. Intolerance that leads to threats or violence must be swiftly addressed by the police, and I know that the criminal law provides them with a broad range of tools to effectively respond to such conduct.

Bill C-51 also reflects our government's unwavering commitment to respect the Charter of Rights and Freedoms. It does so in a number of ways. First, Bill C-51 proposes to amend provisions that have been found unconstitutional by our courts.

In this vein, Bill C-51 builds on the work we started with Bill C-39, which we introduced on March 8, 2017. Bill C-39 repeals provisions found unconstitutional by the Supreme Court of Canada, as well as the prohibition against anal intercourse that has been found unconstitutional by numerous courts of appeal.

Bill C-51 seeks to repeal provisions found unconstitutional by appeal courts, and in some cases trial courts, in circumstances where there can be little doubt as to their unconstitutionality. For example, Bill C-51 seeks to repeal the rule that prevents judges from giving enhanced credit for pre-sentence custody for offenders who were detained due to a bail breach. This rule has been found unconstitutional by the Manitoba Court of Appeal and creates a situation where similarly situated offenders can receive substantially different credit for pre-sentence custody, which can undermine public confidence in the administration of justice.

Bill C-51 also proposes to amend a number of provisions that could result in an accused's being convicted for an offence, even though they raised a reasonable doubt as to their guilt. Such an outcome is at odds with the most basic rules and fundamental principles upon which our criminal law is based, not to mention our charter rights.

These changes are important, and we are not waiting for costly unnecessary charter litigation to tell us that these rules are unconstitutional. Making these changes would ensure that our criminal justice system is more efficient and continues to hold offenders to account while reinforcing the fundamental principle that it is the state that bears the responsibility of proving offences beyond a reasonable doubt.

Our respect for the charter is also evident in the changes we are proposing to the Department of Justice Act. Although these changes have not been the subject of significant debate or commentary, a number of witnesses who testified before the justice committee welcomed this innovation in our law.

The amendments proposed in Bill C-51 will require our government, and all future governments, to table in Parliament a statement outlining the potential charter effects of all government legislation. The Minister of Justice has been doing this already as a matter of practice, but with Bill C-51, it will become an obligation.

These charter statements provide information to Parliament, stakeholders, and the public writ large about the charter rights and freedoms that are potentially engaged by a bill and set out how they may be engaged.

In the charter statement for Bill C-51, for example, the sexual assault reforms are discussed and an explanation is provided on how they interact with an accused's section 7 right to life, liberty, and security of the person. The charter statement further notes how a failure to remove unconstitutional laws can undermine the rule of law, create confusion, and make our Criminal Code less accessible.

I am proud of these reforms and believe that charter statements will quickly become a critical resource for justice system participants, parliamentarians, and members of the public who are interested in learning more about how our laws may engage the charter.

Let me conclude by again thanking all members for their excellent deliberations on Bill C-51. The widespread support it has received is testament to its importance and the need to move forward with these changes. I look forward to continuing to follow Bill C-51's passage through Parliament, and will continue to work diligently to bring forward the kinds of changes needed to address the most pressing challenges facing our criminal justice system today.

The House proceeded to the consideration of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, as reported (with amendment) from the committee.

Religious Freedom

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I have three petitions to table today.

The first one is from 26 petitioners, regarding Bill C-51 and religious freedoms.

The petitioners draw the attention of the House to the potential removal of section 176 of the Criminal Code, which they say is the only section that protects faith leaders from malicious interference with funerals, rituals, and other assemblies of any faith. They also draws the attention of the House to Bill C-305, which was passed earlier in the year, and drawing some allusions to it.

The petitioners ask the government to abandon any attempt to repeal section 176 of the Criminal Code and to stand up for the rights of all Canadians to practise their religion without fear, recrimination, violence, or discrimination.

Business of the House

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

Mr. Speaker, this afternoon, we will continue the report stage debate of Bill C-24, the one-tier ministry bill. Tomorrow, we shall commence second reading debate of Bill C-66, the expungement of historically unjust convictions act.

On Monday, we will call report stage and third reading of Bill C-51, the charter cleanup legislation. Tuesday we will return to Bill C-24 at third reading.

If Bill C-66 is reported back from committee, we would debate that on Wednesday with agreement. The backup bill for Wednesday will be Bill S-5, concerning vaping, at second reading.

On Thursday, the House will debate Bill C-50, political financing. Then on Friday, we will consider Bill S-2, the strengthening motor vehicle safety for Canadians act.

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

Thank you very much.

My next question has to do with the minister's testimony when he was before this committee on Bill C-59. He was talking about the changes from Bill C-51, amending, advocating, and promoting the commission of terrorism offences in general, and replacing the offence to apply only when a person specifically counsels another person to commit a terrorism offence. It provides a clear and more appropriate legal structure surrounding them. When he was questioned, he was asked if this would actually provide law enforcement with better tools to be able to enforce.... Now, you had mentioned that you thought the definition was still too broad. I don't know if you had an opportunity to see what the minister was saying in terms of it actually narrowing the definition to allow law enforcement to enforce....

I'd also welcome comments from both of you on that.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Thank you.

Dr. Leuprecht, the powers in Bill C-51 are not uncommon. You had said in your testimony, again on Bill C-51, “Canadians have a profound misconception of what disruption constitutes. CSIS being able to talk to parents to tell them that their child is up to no good is a disruption power.” I can go on with that, but with the changes proposed in Bill C-59, particularly in securing a warrant to conduct certain disruption activities, do you believe we are heading in the right direction with this legislation on that particular front?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Thank you, Mr. Chair, and thank you to both groups for being here today.

Mr. Leuprecht, you had said in previous testimony on Bill C-51, “CSIS is the most reviewed intelligence security service in the western world and therefore, I think we can safely say in the world as it is.” In your reading of Bill C-59, are there any new layers of review placed upon CSIS, and do you think those are helpful in helping CSIS fulfill it's mandate?

[Daniel Therrien, Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada]

Thank you, Mr. Chair.

Mr. Chair and members of the committee, I am here this morning with Patricia Kosseim, who is our general counsel, and Lara Ives, who is the director general of audit and review.

Thank you for the invitation to discuss Bill C-59.

As you know, Bill C-59 introduces a wide range of measures intended to strengthen Canada's national security framework in a manner that safeguards the rights and freedoms of Canadians. On the whole, I find it represents a step in the right direction, but as other commentators have noted, its weakest part is the Security of Canada Information Sharing Act, or SCISA, which contains provisions related to information sharing and privacy. Professor Forcese, for instance, gave these sections a failing grade. I was therefore glad to hear Minister Goodale last week say that SCISA was probably the part most deserving of scrutiny. I hope your study will result in much-needed improvements to these rules.

In previous parliamentary briefs, I highlighted the need for rigorous legal standards around the collection and sharing of personal information, effective oversight, and minimization of risks to the privacy of ordinary law-abiding Canadians, particularly through privacy-sensitive retention and destruction practices. Specifically, I indicated that the law should prescribe two things essentially, which are useful to bear in mind. First is clear and reasonable standards for the sharing, collection, use and retention of personal information”, so substantive rules. Second is that compliance with these standards should be subject to independent and effective review mechanisms.

It is with this analysis in mind that I offer the following comments and recommendations. While I will focus in my remarks on SCISA, this analysis, looking at two types of issues, is also relevant for other parts of Bill C-59, including parts 3 and 4. The full list of our recommendations is attached to this statement.

Bill C-59 would create a new expert review body, the NSIRA, with broad jurisdiction to examine the activities of all departments and agencies involved in national security. Recently, Parliament also created, through Bill C-22, a new National Security and Intelligence Committee of Parliamentarians. Both of these bodies will be able to share confidential information and generally co-operate so as to produce well-informed and comprehensive reviews that reflect considerations both by experts and by elected officials.

These developments are most welcome, but they are, in my view, clearly insufficient. In my view, effective review of national security activities must include both parliamentary and expert review, and the latter must include both national security and privacy experts. Why privacy experts? Because the work of national security agencies depends in large part on personal information. It is what they call their “lifeblood”. The OPC is the federal centre of expertise in privacy and personal data protection. Canadians are concerned that anti-terrorism efforts in government not unduly impede their privacy rights, and they expect my office to play a role in ensuring that balance.

Bill C-59 is oddly silent on the role of my office. It does not amend the Privacy Act, so my existing authorities appear to be untouched. The only body with explicit authority to play a role in relation to part 5, the renamed SCIDA, or security of canada information disclosure act, is the NSIRA, the national security and intelligence review agency.

The ethics committee, in its study of SCISA, has already noted the ambiguity in the interplay between that act and the Privacy Act. It has called for amendments to clarify that the Privacy Act continues to apply to all personal information disclosed pursuant to SCISA. I have provided to your committee amendments that would confirm the application of the Privacy Act and the OPC's role, which I am told the government wants to maintain.

However, there is no ambiguity on whether my office would be able, with Bill C-59, to share confidential information with the NSIRA and the new committee of parliamentarians. We would not have that authority, and actually we would be prohibited by existing provisions in the Privacy Act from sharing such information.

This means that the comprehensive review process offered in Bill C-59, as a fundamental element to bring balance between security and respect for rights, would stop short of the objective by leaving privacy experts out of integrated review. I am at a loss to understand why. If the fear is of duplication between our work and that of other review bodies, I would gladly explain through the question period how bringing the OPC firmly within the family of review bodies would not only bring required expertise but would actually enhance efficiency and reduce overlap.

When Bill C-51 enacted the Security of Canada Information Sharing Act, known as SCISA, I indicated that among my concerns was the fact that the relevance standard for sharing was set too low, and that there was an absence of clear data retention and recordkeeping requirements and a lack of information-sharing agreements and privacy impact assessments.

The relevance test is too permissive because it casts too wide a net and creates undue risks for ordinary citizens who pose no threat to national security. The government seems to recognize that a relevance standard does not sufficiently protect privacy because it is suggesting changes to section 5 of SCISA.

In its response to the Standing Committee on Access to Information, Privacy and Ethics, the government said the following:

The key issue regarding the threshold is the need to establish specific decision making parameters for the discloser of information that will protect individual privacy but not cause undue delays in the information sharing process.

I agree with that assessment. The proposed new section 5, particularly paragraph 5(1)(b), incorporates some aspects of a necessity threshold but falls short of adopting what officials refer to as “strict necessity”.

In order to adequately protect privacy rights, under new section 5, this limited progress in increasing the threshold for disclosure would have to be accompanied by more complete changes to the standard applicable to receiving institutions, in other words, the security agencies receiving the information in question.

Information sharing involves two parties and, to protect rights, rules are also required for receiving institutions. If relevance is not adequate for disclosing institutions, it is also inadequate, even more so, for receiving agencies.

And the delay considerations that may apply to disclosure affect receiving departments very differently. These institutions are perfectly capable of applying the classic, internationally established necessity test, and should be required to do so.

We understand that the government intention is for receiving institutions to continue to be governed by the Privacy Act, or their specific enabling legislation where applicable. The current Privacy Act threshold is relevance.

As your committee recommended in its May 2017 report on Canada's national security framework, we also recommend that a dual threshold be adopted for information sharing—that set out in amended section 5 for disclosing institutions, and that of necessity and proportionality for receiving institutions.

Even if one accepts that government sharing of information related to law-abiding citizens may lead to the identification of new threats to national security, once that information is analyzed and leads to the conclusion that someone is not a threat, it should no longer be retained. Otherwise national security agencies will be able to keep a profile on all of us.

This is consistent with the conclusions of our review of the Canada Border Services Agency's scenario-based targeting initiative, summarized in my latest annual report to Parliament, and it is one of the principles upheld by the European Court of Justice in the passenger name and record case, decided in July 2017.

In addition, if the threshold for collecting or receiving information is higher than the standard for disclosure—which is currently the case at least for CSIS and would be the case if you adopt a dual threshold, that is, one for disclosing institutions and one for receiving institutions—then, rules are required to ensure that information is discarded without delay either when the collection test is not met or if the receiving institution is of the view that the disclosure standard was not satisfied.

In conclusion, my complete recommendations, annexed to this statement, include some that I have made in the past and do not have time to explain in the time allotted this morning. I also intend to write a fuller submission prior to the end of your study.

My team and I would be glad to answer any questions you may have.

Opposition Motion—ISIS fighters returning to Canada

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I find it quite humorous and hypocritical the way the previous speaker spoke about his trust and respect for the work of CSIS and the RCMP. Was it not he and his colleagues who wanted to change Bill C-51 because they did not trust what those people were doing?

Could the hon. member comment on that?

Religious Freedom

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Mr. Speaker, the second petition is from constituents who are deeply concerned about clause 14 of Bill C-51. As it stands, clause 14 would remove the only provision in the Criminal Code that directly protects the rights of individuals to freely practise their religion, whatever that religion may be.

The petitioners call on the government to remove clause 14 from the legislation and to protect the religious freedom of all Canadians.