An Act respecting national security matters

Sponsor

Ralph Goodale  Liberal

Status

Third reading (House), as of June 18, 2018

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.

Part 1.‍1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.

Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.

Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.

Part 4 amends the Canadian Security Intelligence Service Act to

(a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;

(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;

(c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;

(d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;

(e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;

(f) make amendments to the warrant regime that are related to datasets; and

(g) implement measures for the management of datasets.

Part 5 amends the Security of Canada Information Sharing Act to, among other things,

(a) emphasize that the Act addresses only the disclosure of information and not its collection or use;

(b) clarify the definition of “activity that undermines the security of Canada”;

(c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;

(d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;

(e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and

(f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.

Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.

Part 7 amends the Criminal Code to, among other things,

(a) make certain procedural modifications to the terrorist listing regime under section 83.‍05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;

(b) change the offence of advocating or promoting terrorism offences in general, in section 83.‍221, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;

(c) raise one of the thresholds for imposing a recognizance with conditions under section 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;

(d) repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), which require annual reports on such hearings;

(e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‍011 in the previous year; and

(f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, to make orders for the protection of witnesses.

Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.

Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the sixth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2018 Passed Concurrence at report stage and second reading of Bill C-59, An Act respecting national security matters
June 11, 2018 Failed Bill C-59, An Act respecting national security matters (report stage amendment)
June 6, 2018 Passed Time allocation for Bill C-59, An Act respecting national security matters
Nov. 27, 2017 Passed Bill C-59, An Act respecting national security matters (referral to a committee before second reading)

Foreign AffairsOral Questions

June 18th, 2018 / 2:40 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, that is the problem. Abu Huzaifa has admitted that he committed atrocities, but he is currently walking free on the streets of Toronto as though he were a respectable citizen.

The Prime Minister is telling us that Canadians should not worry, but that is misleading because the Liberals' Bill C-59 will make it much more difficult for law enforcement to arrest these criminals. The Prime Minister also believes that these murderers can be a powerful voice for our country.

Can the Prime Minister tell us whether this murderer will soon be arrested or whether he intends to give him a contract to be a powerful voice for Canadians?

Standing Order 69.1—Bill C-59—Speaker's RulingPoint of OrderRoutine Proceedings

June 18th, 2018 / 3:55 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The Chair is now prepared to rule on the point of order raised June 11, 2018 by the hon. member for Beloeil—Chambly concerning the applicability of Standing Order 69.1 to Bill C-59, an act respecting national security matters.

The Chair would like to thank the hon. member for having raised this question, as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons for his intervention.

The hon. member argued that Bill C-59 is an omnibus bill as he feels it contains several different initiatives which should be voted on separately. On a point of order raised on November 20, 2017, he initially asked the Chair to divide the question on the motion to refer the bill to committee before second reading. As the Speaker ruled on the same day, Standing Order 69.1 clearly indicates that the Chair only has such a power in relation to the motions for second reading and for third reading of a bill. The Speaker invited members to raise their arguments once again in relation to the motion for third reading.

The hon. member for Beloeil—Chambly pointed out that each of the three parts of the bill enacts a new statute. Part 1 enacts the national security and intelligence review agency act, part 2 enacts the intelligence commissioner act, while part 3 enacts the Communications Security Establishment act. He argued that since each of the first two parts establishes a new entity, with details of each entity's mandate and powers, and since the third significantly expands the mandate of the CSE, he felt they should each be voted upon separately. He also argued that each part amends a variety of other acts, though the chair notes that in most cases, these are consequential amendments to change or add the name of the entities in question in other acts.

The hon. member argued that parts 4 and 5 of the bill should be voted on together. They deal with new powers being given to the Canadian Security Intelligence Service, CSIS, relating to metadata collection and threat disruption, as well as with the disclosure of information relating to security matters between government departments.

As part 6 deals with the Secure Air Travel Act and what is commonly referred to as the “no-fly list”, he felt that this was a distinct matter and that it should be voted upon separately.

Finally, the hon. member proposed grouping together parts 7, 8, 9, and 10 for a single vote. Part 7 deals with changes to the Criminal Code relating to terrorism, while part 8 deals with similar concepts in relation to young offenders. Part 9 provides for a statutory review of the entire bill after six years, while part 10 contains the coming into force provisions.

In his intervention on the matter, the hon. parliamentary secretary to the government House leader indicated that the provisions of the bill are linked by a common thread that represents the enhancement of Canada’s national security, as well as the protection of the fundamental rights and freedoms of Canadians. In order to achieve these objectives, he mentioned that it is necessary for Bill C-59 to touch on a number of acts, and that the bill should be seen as a whole, with several parts that would not be able to achieve the overall objective of the bill on their own. He concluded that Standing Order 69.1 should not apply in this case.

Standing Order 69.1 gives the Speaker the power to divide the question on a bill where there is not a common element connecting all the various provisions or where unrelated matters are linked.

Bill C-59 does clearly contain several different initiatives. It establishes new agencies and mechanisms for oversight of national security agencies and deals with information collection and sharing as well as criminal offences relating to terrorism. That said, one could argue, as the parliamentary secretary did, that since these are all matters related to national security, there is, indeed, a common thread between them. However, the question the Chair must ask itself is whether these specific measures should be subjected to separate votes.

On March 1, 2018, the Speaker delivered a ruling regarding Bill C-69 where he indicated that he believed Standing Order 69.1 could be applied to a bill with multiple initiatives, even if they all related to the same policy field. In this particular case, while the Chair has no trouble agreeing that all of the measures contained in Bill C-59 relate to national security, it is the Chair's view that there are distinct initiatives that are sufficiently unrelated as to warrant dividing the question. Therefore, the Chair is prepared to divide the question on the motion for third reading of the bill.

The hon. member for Beloeil—Chambly has asked for six separate votes, one on each of the first three parts, one on parts 4 and 5, one on part 6, and one on parts 7 to 10. While the Chair understands his reasoning, it does not entirely agree with his conclusions as to how the question should be divided.

As each of the first three parts of the bill does, indeed, enact a new act, the Chair can see why he would like to see each one voted upon separately. However, the Chair's reading of the bill is that these three parts establish an overall framework for oversight and national security activities. For example, the national security and intelligence review agency, which would be created by part 1, has some oversight responsibilities for the Communications Security Establishment provided for in part 3, as does the intelligence commissioner, established in part 2. Furthermore, the intelligence commissioner also has responsibilities related to datasets, provided for in part 4, as does the review agency. Given the multiple references in each of these parts to the entities established by other parts, these four parts will be voted upon together.

Part 5 deals with the disclosure of information between various government institutions in relation to security matters. While the relationship between it and the first four parts is not quite as strong, as the member indicated that he believed that parts 4 and 5 could be grouped together, the Chair is prepared to include part 5 in the vote on parts 1 to 4.

The hon. member for Beloeil—Chambly has not addressed the question of the new part 1.1 added to Bill C-59 by the adoption of an amendment to that effect during clause-by-clause consideration of the bill. Part 1.1 enacts the avoiding complicity in mistreatment by foreign entities act, which deals with information sharing in situations where there is a risk of mistreatment of individuals by foreign entities. Since the national security and intelligence review agency, created by part 1 of the bill, must review all directions prescribed in this new part, it is logical that this part be included in the vote on parts 1 to 5.

The Chair agrees with the hon. member that part 6 dealing with the “no-fly list” is a distinct matter and that it should be voted upon separately. The Chair also agree that parts 7 and 8 can be grouped together for a vote. Both largely deal with criminal matters, one in the Criminal Code and the other in the Youth Criminal Justice Act.

The Chair has wrestled with where to place parts 9 and 10. They are, in the words of the hon. member for Beloeil—Chambly, largely procedural elements, but they apply to the entire act. Part 9 provides for a legislative review of the act, while part 10 contains the coming into force provisions for the entire act. The Chair also must ensure that the title and preamble of the bill are included in one of the groups.

There is an obvious solution for coming into force provisions in part 10. Since clauses 169 to 172 relate to the coming into force of parts 1 to 5 of the bill, they will be voted on with those parts. As clause 173 deals with the coming into force of part 6, it will be included in the vote on that part.

This leaves the title and the preamble as well as the legislative review provided for in part 9, which is clause 168. Though these apply to the entire bill, the Chair has decided to include them in the largest grouping, which contains parts 1 to 5 of the bill.

Therefore, to summarize, there will be three votes in relation to the third reading of Bill C-59. The first vote will deal with parts 1 to 5 of the bill, as well as the title, the preamble, part 9 regarding the legislative review, and clauses 169 to 172 dealing with coming into force provisions. The second vote relates to part 6 of the bill and the coming into force provisions contained in clause 173. The third vote relates to parts 7 and 8 of the bill. The Chair will remind hon. members of these divisions before the voting begins.

I thank all hon. members for their attention.

Impact Assessment ActGovernment Orders

June 18th, 2018 / 4:25 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I want to thank our colleague from Calgary Midnapore for a very heartfelt intervention. I think I have just scrapped my entire speech because of what our colleague has mentioned.

It brought me back to growing up in the Cariboo and what our thoughts and dreams were as kids. I was one of the those kids who wanted to be a hockey player and to move on. However, the reality was, we were probably going to become a logger or a farmer, because that is what we did, and that is what we do very well in the Cariboo.

Bill C-69 bring us back to yet another failed election promise of the Liberals and to some of what we have mentioned throughout this House over recent days, weeks, and months. When the member for Papineau was campaigning in 2015, he talked about letting debate reign, yet here we sit.

This is the 44th time allocation that has been imposed on this House, meaning that the members of Parliament on the opposition side, and the Canadians who elected them, have not had the full opportunity to present their feelings about what the government is doing, whether it is on Bill C-69, Bill C-59, Bill C-71, or Bill C-68.

Thank goodness that the Standing Orders dictate that private members' bills cannot be time allocated, and our late colleague, Senator Enverga's private member's bill, Bill S-218, has had the full breadth of comments and support.

Bill C-69 seeks to reverse the 2012 changes to the Canadian Environmental Assessment Act. I will bring us back again to the promise from the member for Papineau, or one of the Liberals, who said that the government would undertake a full review of laws, policies, and operational practices when it comes to the Canadian Environmental Assessment Act.

There are a number of people, groups, and organizations that have serious concerns over what Bill C-69 proposes. Our hon. colleague has mentioned, and it has been mentioned before, that most notably the legislation says it intends to decrease the timelines for both major and minor projects. Unfortunately, there are a myriad of ministerial and Governor in Council exemptions that can be exercised to slow down approvals.

What Bill C-69 represents is not a further clarification of the rules and regulations so that project proponents and those who are trying to enforce the act know where they stand, but rather it muddies the waters. What we have heard time and again, what the committee heard time and again, was that it was a wait and see. There was a lot of concern, and indeed those very groups, the environmental groups, that the Liberals campaigned to and got their vote are now saying that it does not meet the standards.

We have seen this over and over again with the government. It likes to say it has consulted with Canadians, and its Liberal members stand with their hand on their heart and talk about how important consultation is. Yet we know, time and again, as it is with the cannabis legislation, the Liberals are rushing legislation through without fully looking at some of the concerns that have been brought forward by the groups, the organizations, and the stakeholders who are going to be most impacted.

Let us talk about the Arctic surf clam in my file. I cannot stand up and do a speech nowadays without bringing up this injustice. The minister was given the authority and the discretion to go in and implement policy, without anybody checking how this would impact the stakeholders, and without the minister consulting about how that policy would impact those on the ground, the stakeholders, whose livelihoods truly depend on the Arctic surf clam fishery. These are some of the concerns that we have.

When the member for Papineau was campaigning, he said that omnibus bills were done for, and yet here we are again debating another 400-page piece of legislation.

He also talked about maybe having a small deficit of $10 billion. We now know that it will not be our children but our grandchildren who will see a balanced budget, because of the Liberal government's spending.

Bill C-69 represents more broken promises, and it does nothing to give confidence to industry. We know at this time that foreign investment is fleeing our nation at record levels. The CEO from Suncor recently spoke to Bill C-69 and said that it had absolutely put a nail in the coffin of Canadian investment in industry.

The government would like everyone to believe that it knows best and that the Ottawa-developed policies have the best intentions for Canadians, yet the Liberals are not listening when Canadians are speaking. They are not allowing members of Parliament to stand and bring the voices of Canadians to Parliament.

It would not be one of my speeches if I did not remind the House and Canadians that the House does not belong to me, and it sure as heck does not belong to those on the government side. It belongs to Canadians. All 338 members of Parliament and the Canadians who elected them deserve to have a say and to have their voices heard. When the government is forcing time allocation on pieces of legislation that fundamentally are going to have an impact on Canadians' lives, Canadians deserve to have a say.

Industry is shaken at the government's lack of consultation and lack of understanding on how we are moving forward. A good friend of mine, the hon. member for North Okanagan—Shuswap, asked our colleague from Calgary Midnapore about the industry's lack of confidence. Is it the carbon tax and the fact that the government refuses to tell Canadians how much it is going to be? Is it Bill C-69, the regulatory environment, that is shaking the confidence of the industry? Is it other legislation that is shaking the confidence of industry, or is it all of the above?

I would offer one more. The Prime Minister, in one of his earliest speeches to the world, spoke about how Canada was going to be known more for its resourcefulness than for its natural resources. The Liberals have waged war against our energy sector from day one. He said he wished the government could phase out the energy sector sooner and apologized for it.

Canadians and the energy sector, our natural resource industry, deserve a champion. The Minister of Natural Resources has said that it is about time our forestry producers and our energy producers got in line with what the world is doing in terms of technology and sustainable harvesting.

Whether it is our softwood lumber producers, our oil and gas producers, our fishermen on the Atlantic and Pacific coasts, or our farmers, Canada has some of the best, if not the best, in terms of technology and harvesting. They are leading the way. They just need a champion. Guess what? They will have that in 2019, when the Conservatives regain the right side of the House.

National Security Act, 2017Government Orders

June 18th, 2018 / 4:40 p.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

moved that Bill C-59, An Act respecting national security matters, be read the third time and passed.

Mr. Speaker, as I open this final third reading debate on Bill C-59, Canada's new framework governing our national security policies and practices, I want to thank everyone who has helped to get us to this point today.

Historically, there were many previous studies and reports that laid the intellectual groundwork for Bill C-59. Justices Frank Iacobucci, John Major, and Dennis O'Connor led prominent and very important inquiries. There were also significant contributions over the years from both current and previous members of Parliament and senators. The academic community was vigorously engaged. Professors Forcese, Roach, Carvin, and Wark have been among the most constant and prolific of watchdogs, commentators, critics, and advisers. A broad collection of organizations that advocate for civil, human, and privacy rights have also been active participants in the process, including the Privacy Commissioner. We have heard from those who now lead or have led in the past our key national security agencies, such as the Canadian Security Intelligence Service, the RCMP, the Communications Security Establishment, the Canada Border Services Agency, Global Affairs Canada, the Privy Council Office, and many others. While not consulted directly, through their judgments and reports we have also had the benefit of guidance from the Federal Court of Canada, other members of the judiciary, and independent review bodies like the Security Intelligence Review Committee, and the commissioner for the Communications Security Establishment.

National security issues and concerns gained particular prominence in the fall of 2014, with the attacks in Saint-Jean-sur-Richelieu and here in Ottawa, which spawned the previous government's Bill C-51, and a very intense public debate.

During the election campaign that followed, we undertook to give Canadians the full opportunity to be consulted on national security, actually for the first time in Canadian history. We also promised to correct a specific enumerated list of errors in the old Bill C-51. Both of those undertakings have been fulfilled through the new bill, Bill C-59, and through the process that got us to where we are today.

Through five public town hall meetings across the country, a digital town hall, two national Twitter chats, 17 engagement events organized locally by members of Parliament in different places across the country, 14 in-person consultations with a broad variety of specific subject matter experts, a large national round table with civil society groups, hearings by the House of Commons Standing Committee on Public Safety and National Security, and extensive online engagement, tens of thousands of Canadians had their say about national security like never before, and all of their contributions were compiled and made public for everyone else to see.

Based upon this largest and most extensive public consultation ever, Bill C-59 was introduced in Parliament in June of last year. It remained in the public domain throughout the summer for all Canadians to consider and digest.

Last fall, to ensure wide-ranging committee flexibility, we referred the legislation to the standing committee before second reading. Under the rules of the House, that provides the members on that committee with a broader scope of debate and possible amendment. The committee members did extensive work. They heard from three dozen witnesses, received 95 briefs, debated at length, and in the end made 40 different amendments.

The committee took what all the leading experts had said was a very good bill to start with, and made it better. I want to thank all members of the committee for their conscientious attention to the subject matter and their extensive hard work.

The legislation has three primary goals.

First, we sought to provide Canada with a modern, up-to-date framework for its essential national security activity, bearing in mind that the CSIS Act, for example, dates back to 1984, before hardly anyone had even heard of the information highway or of what would become the World Wide Web. Technology has moved on dramatically since 1984; so have world affairs and so has the nature of the threats that we are facing in terms of national security. Therefore, it was important to modify the law, to bring it up to date, and to put it into a modern context.

Second, we needed to correct the defects in the old Bill C-51, again, which we specifically enumerated in our 2015 election platform. Indeed, as members go through this legislation, they will see that each one of those defects has in fact been addressed, with one exception and that is the establishment of the committee of parliamentarians, which is not included in Bill C-59. It was included, and enacted by Parliament already, in Bill C-22.

Third, we have launched the whole new era of transparency and accountability for national security through review and oversight measures that are unprecedented, all intended to provide Canadians with the assurance that their police, security, and intelligence agencies are indeed doing the proper things to keep them safe while at the same time safeguarding their rights and their freedoms, not one at the expense of the other, but both of those important things together.

What is here in Bill C-59 today, after all of that extensive consultation, that elaborate work in Parliament and in the committees of Parliament, and the final process to get us to third reading stage? Let me take the legislation part by part. I noticed that in a ruling earlier today, the Chair indicated the manner in which the different parts would be voted upon and I would like to take this opportunity to show how all of them come together.

Part 1 would create the new national security and intelligence review agency. Some have dubbed this new agency a “super SIRC”. Indeed it is a great innovation in Canada's security architecture. Instead of having a limited number of siloed review bodies, where each focused exclusively on one agency alone to the exclusion of all others, the new national security and intelligence review agency would have a government-wide mandate. It would be able to follow the issues and the evidence, wherever that may lead, into any and every federal department or agency that has a national security or intelligence function. The mandate is very broad. We are moving from a vertical model where they have to stay within their silo to a horizontal model where the new agency would be able to examine every department of government, whatever its function may be, with respect to national security. This is a major, positive innovation and it is coupled, of course, with that other innovation that I mentioned a moment ago: the National Security and Intelligence Committee of Parliamentarians created under Bill C-22. With the two of them together, the experts who would be working on the national security and intelligence review agency, and the parliamentarians who are already working on the National Security and Intelligence Committee of Parliamentarians, Canadians can have great confidence that the work of the security, intelligence, and police agencies is being properly scrutinized and in a manner that befits the complexity of the 21st century.

This scrutiny would be for two key purposes: to safeguard rights and freedoms, yes absolutely, but also to ensure our agencies are functioning successfully in keeping Canadians safe and their country secure. As I said before, it is not one at the expense of the other, it is both of those things together, effectiveness coupled with the safeguarding of rights.

Then there is a new part in the legislation. After part 1, the committee inserted part 1.1 in Bill C-59, by adding the concept of a new piece of legislation. In effect, this addition by the committee would elevate to the level of legislation the practice of ministers issuing directives to their agencies, instructing them to function in such a manner as to avoid Canadian complicity in torture or mistreatment by other countries. In future, these instructions would be mandatory, not optional, would exist in the form of full cabinet orders in council, and would be made public. That is an important element of transparency and accountability that the committee built into the new legislation, and it is an important and desirable change. The ministerial directives have existed in the past. In fact, we have made them more vigorous and public than ever before, but part 1.1 would elevate this to a higher level. It would make it part of legislation itself, and that is the right way to go.

Part 2 of the new law would create the new role and function of the intelligence commissioner. For the first time ever, this would be an element of real time oversight, not just a review function after the fact. The national security and intelligence review agency would review events after they have happened. The intelligence commissioner would actually have a function to perform before activities are undertaken. For certain specified activities listed in the legislation, both the Canadian security intelligence agency and the Communications Security Establishment would be required to get the approval of the intelligence commissioner in advance. This would be brand new innovation in the law and an important element of accountability.

Part 3 of Bill C-59 would create stand-alone legislative authority for the Communications Security Establishment. The CSE has existed for a very long time, and its legislation has been attached to other legislation this Parliament has previously passed. For the first time now, the CSE would have its own stand-alone legal authorization in new legislation. As Canada's foreign signals intelligence agency, CSE is also our centre for cybersecurity expertise. The new legislation lays out the procedures and the protection around both defensive and active cyber-operations to safeguard Canadians. That is another reason it is important the CSE should have its own legal authorization and legislative form in a stand-alone act.

Part 4 would revamp the CSIS Act. As I mentioned earlier, CSIS was enacted in 1984, and that is a long time ago. In fact, this is the largest overall renovation of the CSIS legislation since 1984. For example, it would ensure that any threat reduction activities would be consistent with the Canadian Charter of Rights and Freedoms. It would create a modern regime for dealing with datasets, the collection of those datasets, the proper use of those datasets, and how they are disposed of after the fact. It would clarify the legal authorities of CSIS employees under the Criminal Code and other federal legislation. It would bring clarity, precision, and a modern mandate to CSIS for the first time since the legislation was enacted in 1984.

Part 5 of the bill would change the Security of Canada Information Sharing Act to the security of Canada information disclosure act. The reason for the wording change is to make it clear that this law would not create any new collection powers. It deals only with the sharing of existing information among government agencies and it lays out the procedure and the rules by which that sharing is to be done.

The new act will clarify thresholds and definitions. It will raise the standards. It will sharpen the procedures around information sharing within the government. It will bolster record keeping, both on the part of those who give the information and those who receive the information. It will clearly exempt, and this is important, advocacy and dissent and protest from the definition of activities that undermine national security. Canadians have wanted to be sure that their democratic right to protest is protected and this legislation would do so.

Part 6 would amend the Secure Air Travel Act. This act is the legislation by which Canada establishes a no-fly list. We all know the controversy in the last couple of years about false positives coming up on the no-fly list and some people, particularly young children, being prevented from taking flights because their name was being confused with the name of someone else. No child is on the Canadian no-fly list. Unfortunately, there are other people with very similar names who do present security issues, whose names are on the list, and there is confusion between the two names. We have undertaken to try to fix that problem. This legislation would establish the legal authority for the Government of Canada to collect the information that would allow us to fix the problem.

The other element that is required is a substantial amount of funding. It is an expensive process to establish a whole new database. That funding, I am happy to say, was provided by the Minister of Finance in the last budget. We are on our way toward fixing the no-fly list.

Part 7 would amend the Criminal Code in a variety of ways, including withdrawing certain provisions which have never been used in the pursuit of national security in Canada, while at the same time creating a new offence in language that would more likely be utilized and therefore more useful to police authorities in pursuing criminals and laying charges.

Part 8 would amend the Youth Justice Act for the simple purpose of trying to ensure that offences with respect to terrorism where young people are involved would be handled under the terms of the Youth Justice Act.

Part 9 of the bill would establish a statutory review. That is another of the commitments we made during the election campaign, that while we were going to have this elaborate consultation, we were going to bring forward new legislation, we were going to do our very best to fix the defects in Bill C-51, and move Canada forward with a new architecture in national security appropriate to the 21st century.

We would also build into the law the opportunity for parliamentarians to take another look at this a few years down the road, assess how it has worked, where the issues or the problems might be, and address any of those issues in a timely way. In other words, it keeps the whole issue green and alive so future members of Parliament will have the chance to reconsider or to move in a different direction if they think that is appropriate. The statutory review is built into Part 9.

That is a summary of the legislation. It has taken a great deal of work and effort on the part of a lot of people to get us to this point today.

I want to finish my remarks with where I began a few moments ago, and that is to thank everyone who has participated so generously with their hard work and their advice to try to get this framework right for the circumstances that Canada has to confront in the 21st century, ensuring we are doing those two things and doing them well, keeping Canadians safe and safeguarding their rights and freedoms.

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June 18th, 2018 / 5:05 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, as the legislation now says, they are no longer ministerial directives. In fact, after the passage of Bill C-59, and the inclusion of part 1.1, they become orders in council of the government in total, which has the full force and effect of the law.

The language was adopted the way it was to ensure that our police and security agencies would have the capacity to take action when they believed the lives of Canadians were at risk. If information becomes available to CSIS or the RCMP, which they believe is credible, and indicates that the lives of Canadians are imminently in danger, Canadians would expect their government to authorize their security services to act on that information to save Canadian lives. That is why it is written the way it is.

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June 18th, 2018 / 5:10 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I would like to thank the hon. member for his explanation of Bill C-59. My hon. colleague from the NDP indicated the number of amendments that were presented by various parties, very few of which were adopted by the Liberal majority at committee. However, the witnesses at committee expressed some concerns that with the current wording of the bill, there would be a tendency for the various security organizations inside the big umbrella of national security to be very protective of the information they had and to remain in silos and by remaining in those silos for fear of releasing information to another agency inside that big umbrella, they might run afoul of their political masters with a breach of privacy.

I am interested to have the minister's comments on whether he believes Bill C-59 strikes the right balance whereby agencies that receive information of threats to our country have full freedom to share that within the public service to other agencies without fear of releasing private information.

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June 18th, 2018 / 5:10 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I thank the minister for his speech.

On June 20, 2017, almost a year ago to the day, the minister introduced Bill C-59 in the House. Shortly after that, he said that, instead of bringing it back for second reading, it would be sent straight to the Standing Committee on Public Safety and National Security so the committee could strengthen and improve it. Opposition members thought that was fantastic. We thought there would be no need for political games for once. Since this bill is about national security, we thought we could work together to ensure that Bill C-59 works for Canadians. When it comes to security, there is no room for partisanship.

Unfortunately, the opposition soon realized that it was indeed a political game. The work we were asked to do was essentially pointless. I will have more to say about that later.

The government introduced Bill C-71, the firearms bill, in much the same way. It said it would sever the gun-crime connection, but this bill does not even go there. The government is targeting hunters and sport shooters, but that is another story.

Getting back to Bill C-59, we were invited to propose amendments. We worked very hard. We got a lot of work done in just under nine months. We really took the time to go through this 250-page omnibus bill. We Conservatives proposed 45 specific amendments that we thought were important to improve Bill C-59, as the minister had asked us to do. In the end, none of our amendments were accepted by the committee or the government. Once again, we were asked to do a certain job, but then our work was dismissed, even though everything we proposed made a lot of sense.

The problem with Bill C-59, as far as we are concerned, is that it limits the Canadian Security Intelligence Service's ability to reduce terrorist threats. It also limits the ability of government departments to share data among themselves to protect national security. It removes the offence of advocating and promoting terrorist offences in general. Finally, it raises the threshold for obtaining a terrorism peace bond and recognizance with conditions. One thing has been clear to us from the beginning. Changing just two words in a 250-page document can sometimes make all the difference. What we found is that it will be harder for everyone to step in and address a threat.

The minister does indeed have a lot of experience. I think he has good intentions and truly wants this to work, but there is a prime minister above him who has a completely different vision and approach. Here we are, caught in a bind, with changes to our National Security Act that ultimately do nothing to enhance our security.

Our allies around the world, especially those in Europe, have suffered attacks. Bill C-51 was introduced in 2014, in response to the attacks carried out here, in Canada. Right now, we do not see any measures that would prevent someone from returning to the Islamic State. This is a problem. Our act is still in force, and we are having a hard time dealing with Abu Huzaifa, in Toronto. The government is looking for ways to arrest him—if that is what it truly wants to do—and now it is going to pass a law that will make things even harder for our security services. We are having a hard time with this.

Then there is the whole issue of radicalization. Instead of cracking down on it, the government is trying to put up barriers to preventing it. The funny thing is that at the time, when they were in the opposition, the current Minister of Public Safety and Emergency Preparedness and Prime Minister both voted with the government in favour of Bill C-51. There was a lot of political manoeuvring, and during the campaign, the Liberals said that they would address Bill C-51, a bill they had supported. At the time, it was good, effective counter-terrorism legislation. However, the Liberals listened to lobby groups and said during the campaign that they would amend it.

I understand the world of politics, being a part of it. However, there are certain issues on which we should set politics aside in the interest of national security. Our allies, the Five Eyes countries are working to enhance their security and to be more effective.

The message we want to get across is that adding more red tape to our structures makes them less operationally effective. I have a really hard time with that.

Let me share some examples of amendments we proposed to Bill C-59. We proposed an amendment requiring the minister to table in Parliament a clear description of the way the various organizations would work together, namely, the NSIC, CSE, CSIS, the new committee of parliamentarians, as well as the powers and duties of the minister.

In our meetings with experts, we noticed that people had a hard time understanding who does what and who speaks to whom. We therefore drafted an amendment that called on the minister to provide a breakdown of the duties that would be clear to everyone. The answer was no. The 45 amendments we are talking about were not all ideological in nature, but rather down to earth. The amendments were rejected.

It was the Conservative government that introduced Bill C-51 when it was in office. Before the bill was passed, the mandate of CSIS prevented it from engaging in any disruption activities. For example, CSIS could not approach the parents of a radicalized youth and encourage them to dissuade their child from travelling to a war zone or conducting attacks here in Canada. After Bill C-51 was passed, CSIS was able to engage in some threat disruption activities without a warrant and in others with a warrant. Threat disruption refers to efforts to stop terrorist attacks while they are still in the planning stages.

Threat disruption activities not requiring a warrant are understood to be any activities that are not contrary to Canadian laws. Threat disruption activities requiring a warrant currently include any activity that would infringe on an individual's privacy or other rights and any activity that contravenes Canada's laws. Any threat disruption activities that would cause bodily harm, violate sexual integrity, or obstruct justice are specifically prohibited.

Under Bill C-51, warrants were not required for activities that were not against Canadian law. Bill C-51 was balanced. No one could ask to intervene if it was against the law to do so. When there was justification, that worked, but if a warrant was required, one was applied for.

At present, Bill C-59 limits the threat reduction activities of CSIS to the specific measures listed in the bill. CSIS cannot employ these measures without a warrant. At present CSIS requires a warrant for these actions, which I will describe. First, a warrant is required to amend, remove, replace, destroy, disrupt, or degrade a communication or means of communication. Second, a warrant is also required to modify, remove, replace, destroy, degrade, or provide or interfere with the use or delivery of all or part of something, including files, documents, goods, components, and equipment.

The work was therefore complicated by the privacy objectives of Canadians. Bill C-51 created a privacy problem. Through careful analysis and comparison, it eventually became clear that the work CSIS was requesting was not in fact a privacy intrusion, as was believed. Even the privacy commissioners and witnesses did not analyze the situation the same way we are seeing now.

Bill C-51 made it easier to secure peace bonds in terrorism cases. Before Bill C-51, the legal threshold for police to secure a peace bond was that a person had to fear that another person will commit a terrorism offence.

Under Bill C-51, a peace bond could be issued if there were reasonable grounds to fear that a person might commit a terrorism offence. It is important to note that Bill C-59 maintains the lower of the two thresholds by using “may”. However, Bill C-59 raises the threshold from “is likely” to “is necessary”.

Earlier when I mentioned the two words that changed out of the 250 pages, I was referring to changing “is likely” to “is necessary”. These two words make all the difference for preventing a terrorist activity, in order to secure a peace bond.

It would be very difficult to prove that a peace bond, with certain conditions, is what is needed to prevent an act of terrorism. This would be almost as complex as laying charges under the Criminal Code. What we want, however, is to get information to be able to act quickly to prevent terrorist acts.

We therefore proposed an amendment to the bill calling for a recognizance order to be issued if a peace officer believes that such an order is likely to prevent terrorist activities. The Liberals are proposing replacing the word “likely” with the words “is necessary”. We proposed an amendment to eliminate that part of the bill, but it was refused. That is the main component of Bill C-59 with respect to managing national security.

Bill C-59 has nine parts. My NDP colleague wanted to split the bill, and I thought that was a very good idea, since things often get mixed up in the end. We are debating Bill C-59 here, but some parts are more administrative in nature, while others have to do with young people. Certain aspects need not be considered together. We believe that the administrative parts could have been included in other bills, while the more sensitive parts that really concern national security could have been dealt with publicly and separately.

Finally, the public and the media are listening to us, and Bill C-59 is an omnibus bill with so many elements that we cannot oppose it without also opposing some aspects that we support. For example, we are not against reorganizing the Communications Security Establishment. Some things could be changed, but we are not opposed to that.

We supported many of the bill's elements. On balance, however, it contains some legislation that is too sensitive and that we cannot support because it touches on fundamental issues. In our view, by tinkering with this, security operations will become very bureaucratic and communications will become difficult, despite the fact the the main goal was to simplify things and streamline operations.

The Standing Committee on Public Safety and National Security heard from 36 witnesses, and several of them raised this concern. The people who work in the field every day said that it complicated their lives and that this bill would not simplify things. A huge structure that looks good on paper was put in place, but from an operational point of view, things have not been simplified.

Ultimately, national security is what matters to the government and to the opposition. I would have liked the amendments that we considered important to be accepted. Even some administrative amendments were rejected. We believe that there is a lack of good faith on the part of the government on this file. One year ago, we were asked to work hard and that is what we did. The government did not listen to us and that is very disappointing.

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June 18th, 2018 / 5:30 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, that is a good question. That is part of what I was saying about the omnibus Bill C-59. It has nine separate parts. Some parts are more administrative, and others are more related to the operational side of things. That is what makes this whole business more complicated. A year ago, we were asked to study this bill and work on it. It was a struggle for us to figure out how to make our work relevant. Our recommendations did include some amendments that were more operational and some that were more administrative, but that was because the bill itself was crafted that way.

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June 18th, 2018 / 5:35 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleagues for their speeches. Here we are again, debating Bill C-59 at third reading, and I would like to start by talking about the process of debate surrounding a bill, which started not with this government, but rather during the last Parliament with the former Bill C-51.

Contrary to what we have been hearing from the other side today and at other times as well, the NDP and the Green Party were the only ones that opposed Bill C-51 in the previous Parliament. I have heard many people talk about how they were aware that Canadians had concerns about their security, about how a balanced approach was vital, and about how they understood the bill was flawed. They took it for granted that they would come to power and then fix the many, many, many flaws in the bill. Some of those flaws are so dangerous that they threaten the rights, freedoms, and privacy of Canadians. Of course, I am talking about the Liberal Party, which supported Bill C-51 even as it criticized it. I remember that when it was before committee, the member for Malpeque, who is still an MP, spend his time criticizing it and talking about its flaws. Then the Liberal Party supported it anyway.

That is problematic because now the government is trying to use the bill to position itself as the champion of nuanced perspectives. The government keeps trying to say that there are two objectives, namely to protect Canadians and to protect Canadians' rights. I myself remember a rather different situation, which developed in the wake of the 2014 attack on Parliament. The Conservative government tried to leverage people's fear following that terrible event to make unnecessary legislative changes. I will comment further on what was really necessary to protect Canadians.

A legislative change was therefore proposed to increase the powers given to national security agencies, but nothing was done to enhance the oversight system, which already falls short of where it needs to be to ensure that their work is done in full compliance with our laws and in line with Canadians' expectations regarding their rights and freedoms. Surveys showed that Canadians obviously welcomed those measures because, after all, we were in a situation where ISIS was on the rise, and we had the attack in Saint-Jean-sur-Richelieu, which is not far from my region. We also had the attack right here in Parliament. They took advantage of people's fear, so there was some support for the measures presented in the bill.

To the NDP, our reflection in caucus made it very clear that we needed to stand up. We are elected to this place not only to represent our constituents, but also to be leaders on extremely difficult issues and to make the right decision, the decision that will ensure that we protect the rights of Canadians, even when that does not appear to be a popular decision.

Despite the fact that it seemed to be an unpopular decision, and despite the fact that the Liberals, seeing the polls, came out saying “We are just going to go with the wind and try and denounce the measures in the bill so that we can simultaneously protect ourselves from Conservative attacks and also try and outflank the NDP on the progressive principled stand of protecting Canadians' rights and freedoms,” what happened? The polls changed. As the official opposition, we fought that fight here in Parliament. Unlike the Liberals, we stood up to Stephen Harper's draconian Bill C-51. We saw Canadians overwhelmingly oppose the measures that were in Bill C-51.

What happened after the election? We saw the Liberals try to square the circle they had created for themselves by denouncing and supporting legislation all at the same time. They said not to worry, because they were going to do what they do best, which is to consult. They consulted on election promises and things that were already debated in the previous Parliament.

The minister brought forward his green paper. The green paper was criticized, correctly and rightfully so, for going too far in one direction, for posing the question of how we could give more flexibility to law enforcement, how we could give them more tools to do their jobs, which is a complete misunderstanding of the concerns that Canadians had with Bill C-51 to begin with. It goes back to the earlier point I made. Instead of actually giving law enforcement the resources to create their tools, having a robust anti-radicalization strategy, and making sure that we do not see vulnerable young people falling through the cracks and being recruited by terrorist organizations like ISIS or the alt right that we see in these white supremacist groups, what happened?

We embarked on this consultation that was already going in one direction, and nearly two years after the Liberals coming into power, we finally see legislation tabled. The minister, in his speech earlier today, defended tabling that legislation in the dying days of a spring sitting of Parliament before the House rises for the summer by saying that we would have time to consider and contemplate the legislation over the summer. He neglected to mention that the very same powers that stood on shaky constitutional ground that were accorded to agencies like CSIS by the Conservatives' Bill C-51 remain on the books, and as Michel Coulombe, the then director of CSIS, now retired, said repeatedly in committee, they are powers that were being used at that time.

It is all well and good to consult. Certainly, no one is opposed to the principles behind consultation, but when the consultation is about promises that were made to the Canadian people to fix legislation that undermined their rights while the very powers that undermined their rights are still on the books and being used, then one has to recognize the urgency to act.

The story continues because after this consultation the Standing Committee on Public Safety and National Security conducted a consultation. We made recommendations and the NDP prepared an excellent supplementary report, which supports the committee's unanimous recommendations, but also includes our own, in support of the bill introduced by my colleague from Esquimalt—Saanich—Sooke, which is on the Order Paper. He was the public safety critic before me and he led the charge, along with the member for Outremont, who was then the leader of the official opposition, against Bill C-51. The bill introduced by my colleague from Esquimalt—Saanich—Sooke entirely repeals all of the legislation in Bill C-51.

Interestingly, the Minister of Public Safety and Emergency Preparedness defended the fact that he did not repeal it all by stating that several MPs, including the member for Spadina—Fort York, said that the reason not to do so was that it would be a highly complex legislative endeavour. My colleague introduced a bill that is on the Order Paper and that does exactly that. With due respect to my colleague, it cannot be all that complex if we were able to draft a bill that achieved those exact objectives.

Bill C-59 was sent to the Standing Committee on Public Safety and National Security before second reading, on the pretext that this would make it possible to adopt a wider range of amendments, give the opposition more opportunities to be heard, and allow for a robust study. What was the end result? A total of 55 amendments were adopted, and we are proud of that. However, of those 55 amendments, two come from the NDP, and one of those relates to the preamble to one part of the bill. While I have no desire to impugn the Liberals' motives, the second amendment was adopted only once the wording met their approval. None of the Conservatives' amendments were adopted. Ultimately, it is not the end of the world, because we disagree on several points, but I hear all this talk about collaboration, yet none of the Green Party's amendments were adopted. This goes to show that the process was rigged and that the government had already decided on its approach.

The government is going to brag about the new part 1.1 of the legislation that has been adopted. Contrary to what the minister said when answering my question earlier today in debate, that would not create any new legal obligation in terms of how the system currently works. The ministerial directives that are adopted to prohibit—despite loopholes, it is important to note—the use of information obtained under torture will remain just that, ministerial directives. The legal obligation that the minister or the Governor in Council “may” recommend the issuing of directives to deputy heads of departments is just not good enough. If it were, the Liberals would have had no problem voting for amendments that I read into record at committee. Time does not permit me to reread the amendments into the record, but I read them into the record in my question for the minister. The amendments would have explicitly and categorically prohibited acquiring, using, or, in way, shape, or form, interacting with information, from a public safety perspective, that may have been obtained under the use of torture. That is in keeping with our obligations under international law conventions that Canada has signed on to.

On a recorded vote, on every single one of those amendments, every member of the committee, Liberal and Conservative alike, voted against them. I invite Canadians to look at that record, and I invite Canadians to listen to what the minister said in response to me. When public safety may be at risk, there is no bigger admission that they are open to using information obtained under the use of torture than saying that they want to keep the flexibility when Canadians are at risk. Let Canadians be assured that it has been proven time and again that information obtained under the use of torture is of the most unreliable sort. It not only does nothing to protect Canadians and ensure public safety, but most of the time it does the opposite, by leading law enforcement on wild goose chases with erroneous information that could put their lives at risk, and Canadian lives at risk, not to mention the abhorrent and flagrant breach of human rights here and elsewhere through having those types of provisions. Therefore, I will let the Liberals explain why they voted against those amendments to explicitly prohibit torture, and why they feel that standing on ministerial directives and words like “may”, that are anything but binding, is good enough.

The Minister of Public Safety loves to boast that he has the support of various experts, and I have the utmost respect for those experts. I took the process in committee very seriously. I tried to unpack the extremely complex elements of the bill.

My Conservative colleague mentioned the Chair's decision to apply Standing Order 69.1. In my opinion, separating the votes on the different elements of the bill amounts to an acknowledgement that it is indeed an omnibus bill. A former director of CSIS, who served as a national security advisor to Prime Minister Harper and the current Prime Minister, said that the bill was beginning to rival the Income Tax Act in terms of complexity. Furthermore, several witnesses were forced to limit their testimony to just one part of the bill. In addition, elements were added concerning the Communications Security Establishment, or CSE, and those elements fall within the scope of national defence, yet they were never mentioned during the consultations held by the Standing Committee on Public Safety and National Security or by the Minister of Public Safety.

Before anyone jumps on me, I want to say that we realize the CSE's statutory mandate needs to be updated. We recognize that cybersecurity threats exist. However, when a government rams something through, as the government is doing with Bill C-59, we end up with flawed definitions, in particular with respect to the information available to the public, and with vague allocation of powers. Furthermore, the government is already announcing the position of a director of a new centre that is being created, under which everything will be consolidated, even though the act that is set out in the budget and, according to the minister, should be introduced this fall, has not yet been introduced.

This bill has many parts. The committee heard from some impressive experts, including professors Carvin, Forcese, and Wark, authors of some very important and interesting briefs, all of which are well thought out and attempt to break down all of the complicated aspects of the bill, including the ones I just mentioned. In their columns in The Globe and Mail, they say that some parts of the bill are positive and others require a more in-depth study. One of these parts has to do with information sharing.

Information sharing was one of the most problematic aspects of Bill C-51.

Information sharing is recognized by the experts whom the minister touts as those supporting his legislation, by civil liberties associations and others, as one of the most egregious elements of what was Bill C-51, and that is changed only in a cosmetic way in this legislation.

We changed “sharing” to “disclosure”, and what does that mean? When there are consequential amendments to changing “disclosure” everywhere else in all of these acts, it does not change anything. All experts recognize that. The problematic information-sharing regime that was brought in, which is a threat to Canadians' rights and freedoms, still exists.

If we want to talk about what happened to Maher Arar, the Liberals voted down one of my amendments to include Global Affairs as one of the governmental departments that Canadians could make a complaint about to the new review agency. Yet, when it comes to consular services, when it comes to human rights breaches happening to Canadians abroad, Global Affairs and consular services have a role to play, especially when we see stories in the news of CSIS undermining efforts of consular affairs to get Canadians out of countries with horrible human rights records and back here.

This has all fallen on deaf ears. The information-sharing regime remains in place. The new powers given to CSE, in clause 24, talk about how CSE has the ability to collect. Notwithstanding the prohibition on it being able to collect information on Canadians, it can, for the sake of research and other things, and all kinds of ill-defined terms, collect information on the information infrastructure related to Canadians.

Incidentally, as a matter of fact, it voted down my amendments to have a catch-and-release provision in place for information acquired incidentally on Canadians. What does that do? When we read clause 24 of part 3 of the bill related to CSE, it says that it is for the purposes of “disclosing”. Not only are they now exempt from the explicit prohibition that they normally have in their mandate, they can also disclose.

What have the Liberals done to the information-sharing regime brought in by the Conservatives under Bill C-51? It is called “disclosure” now. Members can do the math. We are perpetuating this regime that exists.

I know my time is very limited, so I want to address the issue of threat disruption by CSIS. As I said in my questions to my Conservative colleague, the very reason CSIS exists is that disruption is a police duty. As a result, leaving the power to disrupt threats granted in former Bill C-51 in the hands of CSIS still goes against the mandate of CSIS and its very purpose, even if the current government is making small improvements to the constitutionality of those powers. That is unacceptable.

I am not alone in saying this. As I said in my questions to my Conservative colleagues, I am talking about the excellent interview with former RCMP commissioner Paulson. He was interviewed by Professors Carvin and Forcese on their podcast. That interview raised concerns about that power.

In closing, I would like to talk about solutions. After all, I did begin my remarks by saying that we do not want to increase the legislative powers, which we believe are already sufficient. I am talking here about Bill C-51, which was introduced in the previous Parliament. We need to look at resources for police officers, which were cut by the previous government. The Conservatives eliminated the police recruitment fund, which allowed municipalities and provinces to recruit police officers and improve police services in their jurisdictions. I am thinking in particular of the Montreal police, or SPVM, and the Eclipse squad, which dealt with street gangs. It was a good thing the Government of Quebec was there to fill the gap left by the elimination of the funding that made it possible for the squad to exist. The current government is making some efforts in the fight against radicalization, but it needs to do more. The Conservatives are dumping on and ridiculing those efforts. The radicalization that we are seeing on social media and elsewhere targets vulnerable young people. Ridiculing and minimizing the government's efforts undermines the public safety objectives that we need to achieve.

We cannot support a bill that so deeply undermines the protection of Canadians' rights and privacy. Despite what they claim across the way, this bill does nothing to protect the safety of Canadians, which, let us be clear, is an objective all parliamentarians want to achieve. However, achieving that objective must not be done to the detriment of rights and freedoms, as was the case under the previous government and as is currently still the case with this bill.

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June 18th, 2018 / 6:05 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Canadian Heritage (Multiculturalism)

Mr. Speaker, I will be splitting my time with the member for Oakville North—Burlington this evening.

I rise today to speak in support of Bill C-59. With this bill, our government is entrenching our commitment to balancing the primacy of the Charter of Rights and Freedoms with protecting our national security. We are enhancing accountability and transparency. We are correcting the most problematic elements of the Harper government's old Bill C-51.

Our government conducted an unprecedented level of public consultation with Canadians about our national security in order to effectively develop the bill. Canadians told us loudly and clearly that they wanted a transparent, accountable, and effective national security framework. That is exactly what we will accomplish with Bill C-59.

The minister took the rare step of referring Bill C-59 to the Standing Committee on Public Safety after first reading, underscoring our government's commitment to Canadians to ensure that we got this important legislation right. Prior to the bill returning to this chamber, it underwent an extensive four-month study, hearing from nearly 100 witnesses. I would like to thank the members of the Standing Committee on Public Safety and National Security for their hard work in studying the bill extensively and for their comprehensive report.

Fundamental to our promise to bring our national security framework into the 21st century, we are fixing the very flawed elements of the old Bill C-51, which I heard so much about from my constituents in Parkdale—High Park during the 2015 electoral campaign.

I am proud to support this evidence-based, balanced legislation, and I am reassured to see positive reactions from legal and national security experts right around the country, including none other than Professors Craig Forcese and Kent Roach, two of the foremost legal academics in Canada who have been at the centre of concerns about the overreach of the Harper government's old Bill C-51.

Professors Forcese and Roach have said, “Bill C-59 is the biggest overhaul in Canadian national security since the creation of the Canadian Security and Intelligence Service (CSIS) in 1984—and it gets a lot of things right."

Bill C-59 builds on our commitment to enhance accountability, which started with our government's introduction of Bill C-22 in 2016. Bill C-22, which has received royal assent established an all-party committee of parliamentarians, representatives elected by the Canadian public, to review and critically analyze security and intelligence activities. For the first time in history, a multi-party group of members of this chamber as well as the Senate are now holding Canada's security apparatus to account.

We are building on Bill C-22 with the current bill, Bill C-59, which would establish a national security and intelligence review agency. The NSIRA, as it would be known, would function as a new expert review body with jurisdiction across the entire government to complement the efforts of the recently established parliamentary oversight committee, which I just mentioned. This feature would incorporate one of the important recommendations of the Maher Arar inquiry, which called on the government to, and I am citing recommendation 16 from the Maher Arar inquiry, “develop a protocol to provide for coordination and coherence across government in addressing issues that arise” respecting national security.

With the establishment of a parliamentary oversight committee in Bill C-22, and a new arm's-length review body in Bill C-59, we would be addressing the glaring gap that exists in our review bodies for national security agencies. Currently, some agencies do not have a review body or are in charge of reviewing themselves. We cannot allow the lack of such fundamental oversight to continue, especially with regard to the safety and security of Canadians.

As Professors Forcese and Roach have observed, with respect to Bill C-59:

the government is finally redressing the imbalance between security service powers and those of the review bodies that are supposed to hold them to account. Bill C-59 quite properly supplements the parliamentary review committee...with a reformed expert watchdog entity. Expert review will be liberated from its silos as the new review agency has a whole-of-government mandate.

This is a critical piece in our government's work, providing my constituents in Parkdale—High Park and indeed Canadians right around this country, with a comprehensive and responsible national security framework.

In addition to establishing the NSIRA, Bill C-59 calls for increased and improved communication between this organization and other relevant review bodies, such as the Office of the Privacy Commissioner of Canada. This will not only boost efficiency and avoid duplication and unnecessary use of resources, but also promote a more holistic approach to protecting privacy and security at the federal level.

While speaking with the residents of Parkdale—High Park in 2015, I heard about the Harper government's old Bill C-51 over and over again at the doors. The major concern the residents expressed to me was about the threat posed by the previous government's Bill C-51 to their constitutional rights and freedoms. The residents of my community are an intelligent and engaged group of citizens, and they were on to something. The federal government, under the guise of “public security”, cannot be permitted to infringe on the rights and freedoms that are fundamental to our very society, to what it means to be Canadian.

Yes, ensuring public safety is the pre-eminent responsibility of any government, but it is simply not acceptable to pursue security at any cost. My constituents, and indeed all Canadians, expect a government that respects fundamental constitutional rights, a government that will put in place mechanisms and safeguards to protect those rights.

That is precisely what Bill C-59 would achieve. How? First, it would tighten the definition of what constitutes “terrorist propaganda”. The narrower and more targeted definition would ensure that the sacrosanct protection of freedom of expression under section 2(b) of our charter is observed, and that our security laws in Canada are not so overreaching as to limit legitimate critique and debate.

Second, as a corollary to this point, Bill C-59 would also protect the right of all Canadians to legitimate protest and advocacy. One of the most searing criticisms of the Harper government's old Bill C-51 was that bona fide protestors who dared to disagree with the government of the day could be caught up in a web of security sweeps, all in the name of public safety.

That is not how our Liberal government operates. We respect the charter and the right of all Canadians to engage in legitimate protest and advocacy, whether they represent a group with charitable status that opposes a government policy, or a gathering of students on a university campus who take up the call for more aggressive investment of federal funds to support the expansion of women's rights internationally.

That kind of advocacy is not a threat to our public security. To the contrary, it is an enhancement of our democracy. It is civil society groups and public citizens doing exactly what they do best, challenging government to do, and to be, better.

In Bill C-59, we recognize this principle. We are saying to Canadians that they have constitutional rights to free speech and protest, and that we are going to affirm and protect those rights by correcting the balance between protecting safety and respecting the charter.

Third, Bill C-59 would also upgrade procedures as they relate to the no-fly list. We know that the no-fly list is an important international mechanism for keeping people safe, but its use has expanded to the point of encroaching on Canadians' rights. In Bill C-59, we are determined to address this imbalance.

Our changes to the no-fly list regime would do the following. They would require the destruction of information provided to the minister about a person who was, or was expected to be, on board an aircraft within seven days following the departure or cancellation of the flight. It would also authorize the minister to collect information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity.

This is a critical step that would provide us with the legislative tools needed to develop a domestic redress mechanism. The funding for a domestic redress mechanism was delivered by our government this year, specifically $81.4 million in budget 2018. However, in order to start investing this money in a way that would allow Canadians, including children, who are false positives on the no-fly list to seek redress, we need legislative authority. Bill C-59 would provide that legislative authority.

Finally, with Bill C-59 we would re-establish the paramountcy of the charter. I speak now as a constitutional lawyer who practised in this area for 15 years prior to being elected. It is unfortunate that the paramountcy of the Constitution needs to be entrenched in law. As a lawyer, I know, and we should all know, that the Constitution is always the paramount document against which all other laws are measured. Nevertheless, the previous government's disdain for the charter has made this important step necessary.

Through Bill C-59, we would entrench, in black and white, that any unilateral action by CSIS to collect data in a manner that might infringe on the Constitution is no longer permitted. Instead, under Bill C-59, any such proposals would have to come before a judge, who must evaluate the application in accordance with the law, where protecting charter rights would be the paramount concern. Our party helped establish the charter in 1982, and our government stands behind that document and all the values and rights it protects.

As I and many others have said before in the House, the task is to balance rights and freedoms while upholding our duty to protect the safety of Canadians. That is not an easy task, but I am confident that Bill C-59, in partnership with Bill C-22, would provide a comprehensive and balanced approach to national security. It is respectful of the charter and our Constitution. That is why I support this bill, and I ask all members to do the same.

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June 18th, 2018 / 6:20 p.m.
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I wonder if the parliamentary secretary could speak a little more about the no-fly list. Unfortunately, the previous government chose not to put a redress system in place, so a number of requirements were needed to make the important steps that other countries have made. I have heard from constituents and I know the hon. member has as well. I am wondering if he could tell us a little about the importance of putting this in place and how Bill C-59 would put in place the first steps that would allow us to put the redress system in place.

National Security Act, 2017Government Orders

June 18th, 2018 / 6:20 p.m.
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I appreciate the opportunity to rise today to speak in this important debate on Bill C-59. I want to thank my colleagues on the Standing Committee on Public Safety and National Security, both past and present, who contributed to the in-depth study of our national security framework, as well as those who provided testimony on this bill. Thanks to that work, over 40 amendments were adopted by the committee, and I would like to highlight some of them.

First, there is an amendment that would add provisions enacting the avoiding complicity in mistreatment by foreign entities act, which was introduced by my colleague, the MP for Montarville. Canadians find torture abhorrent and an affront to their values. In the past, the Minister of Public Safety, the Minister of Foreign Affairs, and the Minister of National Defence have issued directions to ensure that the Canadian government does not use, share, disclose, or request information that could put someone at risk of being tortured by a foreign entity. This amendment would enshrine in law a requirement for directions to be issued on using, disclosing, or requesting information. These directions would be made public and reported on annually to the public, to review bodies, and to the newly constituted National Security and Intelligence Committee of Parliamentarians to ensure transparency and accountability.

I know that Canadians want to feel confident that their government is not complicit in foreign entities' use of torture, as it is well documented that information obtained through torture is unreliable. This amendment is a welcome reassurance, and I am proud that the committee adopted it, despite objections from the official opposition.

Second, the amended bill would strengthen privacy protections. Since referring the bill to committee before second reading, we have heard many stakeholders call for the strengthening of protections for information shared under the Security of Canada Information Sharing Act, and we introduced rigorous new standards. The amended bill specifies that the receiver of information would be required to destroy or return any personal information that is not necessary for it to carry out its responsibilities related to national security.

I was personally proud to put forward an amendment that would formalize the relationship between the newly created national security and intelligence review agency and the Office of the Privacy Commissioner, which would ensure that the two agencies are not duplicating work. I was also proud to introduce an amendment that would require a ministerial authorization when CSE is collecting from foreign actors information that could inadvertently compromise a Canadian's privacy. I believe that these changes would help to get the mix right when it comes to ensuring Canadians' safety and security and preserving their rights.

Bill C-59 is a much-needed overhaul of our national security framework. The passage of this bill would mark the largest overhaul of our national security infrastructure since 1984, when CSIS was created. It is fair to say that we are at a critical turning point in how government approaches national security. That is why I am pleased that the government has introduced this bill, not only to add better protections for privacy but also to bring our framework up to speed with the realities of the 21st century. There is an urgent need to shed the old ways of doing business, integrate security efforts, and harness all the tools at our disposal to prevent and mitigate threats.

When Justice Noël released his decision last year on the Canadian Security Intelligence Service's retention of associated data, he laid bare the challenge for us as parliamentarians. To quote Justice Noël, “the CSIS Act is showing its age. World order is constantly in flux...and priorities and opinions change. Canada can only gain from weighing such important issues once again.”

With Bill C-59, the government is showing that it is up to the challenge. It recognized that the CSIS Act of 1984 may have been an appropriate response at the time it was written, but it is outdated given the realities of today's world. Today, the government has recognized that appropriate, responsible, and comprehensive legislation for the 21st century would mean altering that act substantially.

Bill C-59 makes changes in three key ways: by addressing the collection of datasets, by making important amendments to threat reduction measures under the act, and by addressing outdated legal authorities.

First, on data analytics, acquiring large volumes of information for analysis, when it is relevant to an agency's mandate, is an indispensable tool in intelligence work. However, data collection and analysis require a strong framework, and this bill provides that framework.

The bill lays out a legal authority for CSIS to collect, retain, and use datasets, and, to ensure transparency, provisions would include safeguards on its collection and use. For example, the personal information of Canadians that is not publicly available would require Federal Court authorization to retain. When it comes to foreign datasets, approval from the proposed new independent intelligence commissioner would be required. The new national security and intelligence review agency would have the authority to refer its findings to the Federal Court if it takes the view that CSIS has not acted lawfully when querying or exploiting datasets. I also introduced an amendment to Bill C-59 that was adopted at committee stage, ensuring that CSIS could retain the results of a query of a dataset in exigent circumstances to protect life or acquire intelligence vital to national security.

Bill C-59 would provide the accountability and transparency on dataset collection that is needed in the technological reality of today. It would modernize the CSIS Act, enhance judicial oversight where needed, and strengthen review and accountability. The bill also addresses the fact that today's threats are fast, complex, dynamic, highly connected, and mobile. CSIS can and does play a role in addressing these threats, often behind the scenes, but the original CSIS Act could never have imagined the threats we face today. As Justice Noël noted, that leaves security bodies in an unreasonably difficult situation when it comes to interpreting the law while continuing to protect Canadians' rights.

Bill C-59 would more clearly define the current threat reduction mandate of CSIS. It lays out what types of measures could be authorized by judicial warrants to ensure full compliance with the charter. CSIS would be required to seek a warrant for any threat reduction measure that would put a charter-protected right or freedom at risk. What is more, a warrant would only be issued if a judge is satisfied the measure specifically complies with the charter.

Bill C-59 would also establish in law an authorization regime for certain CSIS activities required to investigate the complex threats we face today. This would be modelled on the regime that already exists in the Criminal Code for law enforcement officers, adapted to the particular context of security intelligence investigations. It would ensure more transparent, lawful, and modernized authorities for CSIS that would ensure effective intelligence collection operations, and it would it ensure robust accountability by clearly articulating reporting and review requirements.

Accountability, transparency, and respect for rights are at the heart of these proposals. That is what Canadians said they wanted; the government listened and it acted. During the consultation process, Canadians repeatedly emphasized the need for enhanced accountability and transparency. The Security Intelligence Review Committee, CSIS's current review body, pressed for enhancements as well. The new national security review agency and intelligence commissioner would ensure the most robust oversight and scrutiny possible.

We heard, loud and clear, from many witnesses and members of the public that protecting privacy and safeguarding human rights were missing under the Harper Conservatives' Bill C-51. With Bill C-59 further strengthened by amendments made at committee, I am confident that Canadians' privacy rights would be reinforced alongside the strengthening of our national security. Bill C-59 is a comprehensive and visionary plan for Canada in today's world. It is my hope that colleagues will join me in supporting Bill C-59.

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June 18th, 2018 / 6:30 p.m.
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Liberal

Michel Picard Liberal Montarville, QC

Mr. Speaker, I would like to invite my colleague, a valued fellow committee member, to comment further on an important point relating to the court's important decision on data and megadata.

The court ruling said that the data were relevant but the legal structure did not allow CSIS to do what it was doing. The innovation we are putting forward in Bill C-59, together with other innovations proposed in committee on other aspects of BIll C-59, makes this bill a truly modern and contemporary document that aligns in every respect with its allies and especially with what we heard from people during the consultation.

National Security Act, 2017Government Orders

June 18th, 2018 / 6:30 p.m.
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, when we were studying the national security framework as a committee prior to the bill's introduction, the ruling came forward. We were able to ask CSIS questions at that time about how it was collecting data and how long it was holding onto it.

Liberal members of the committee and I were pleased, and I believe my colleague was as well, that we were able to put into Bill C-59 a legal authority for CSIS to collect, retain, and use these datasets, because it was sorely needed and was not in the act previously. It provides transparency, and it includes safeguards for the collection and use of these datasets.

National Security Act, 2017Government Orders

June 18th, 2018 / 6:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am very pleased that so many changes have been made to our anti-terrorism legislation, which are reflected in Bill C-59. I have stood in this place a number of times and complained that the government held consultations but did not listen. I am happy to say that this is not one of those times.

I submitted an extensive brief to the joint consultation, headed by the Minister of Justice and the Minister of Public Safety. When I read Bill C-59, I felt very gratified that this legislation was drafted with an eye to the recommendations of the commission of inquiry into the Air India disaster and the failure of our security system at that point resulting from our agencies' inability to talk among each other to share information that could have prevented that terrible tragedy. It also appeared to me that the drafters paid attention to the results of the inquiry into the atrocious treatment of Canadian citizen Maher Arar.

There are still weaknesses in this bill. I would have preferred, as the hon. member knows, to remove any kinetic powers from CSIS. Its power to disrupt plots may still prove to make us less secure than we were, given that CSIS was originally intended to be about information collection only, and it left the RCMP to take action on the ground for kinetic activities.

Overall, this is a substantial improvement over the situation in which we found ourselves in 2015 with the speedy passage of what I still call the “secret police act” or what was then Bill C-51.

This is a comment, more than a question to my hon. colleague, just to say on the record that I am pleased to vote for Bill C-59, although I would have preferred we had gone further and removed more of the things launched in Bill C-51.