National Security Act, 2017

An Act respecting national security matters

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

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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 83.‍21, 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 fourth 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, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2019 Passed Motion respecting Senate amendments to Bill C-59, An Act respecting national security matters
June 11, 2019 Failed Motion respecting Senate amendments to Bill C-59, An Act respecting national security matters (amendment)
June 11, 2019 Passed Motion for closure
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
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)

Harjit S. Sajjan Liberal Vancouver South, BC

In addition to the investments that we, as government, are making in cybersecurity, it's going to require not only the right resources, but the right legislation as well. As we know, there is a greater concern around cybersecurity. We just heard yesterday in the news about the potential hack on two of our banks. I can assure Canadians, and also Parliament, that we have very bright Canadians working in CSE who are doing tremendous work.

We have tremendous capabilities, but our legislation has not kept up with this. Bill C-59 will give the authority to our agencies so we can actually utilize these capabilities. Part of that is working with industry to assist industry and work in far greater collaboration to support their effort. The cyber centre will be able to do just that. We have spoken to our allies about this, and looked at what actually works and what does not work.

More importantly, we also have to look at the evolving changes. We're going to make sure we have the right money and the research so we stay at the cutting edge. I'm confident that with the brilliant minds we have at the CSE and some of our other agencies, we will be able to remain there.

Report stageNational Security Act, 2017Government Orders

May 28th, 2018 / 6:20 p.m.


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Whitby Ontario

Liberal

Celina Caesar-Chavannes LiberalParliamentary Secretary to the Minister of International Development

Mr. Speaker, one of the sections of Bill C-59 that the minister did not talk about too much was part 8 that deals with the Youth Criminal Justice Act. When we think about indigenous youth, racialized youth, and especially when we look at some of the challenges they might face, the amendments in this piece of legislation would require that only a youth justice court would have the jurisdiction to make orders against young persons, and would ensure that they are detained in a safe, fair, and humane manner. I wonder if the minister could further elaborate on that and talk to the importance of this particular part of the legislation as it pertains to our young people.

Report stageNational Security Act, 2017Government Orders

May 28th, 2018 / 6:20 p.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, many constitutional and civil rights experts who have looked at the ministerial directives we drafted a year ago and at the provisions in this bill, which take the essence of those ministerial directives and would give them the force of law through orders in council as a result of Bill C-59, have said that those directive are the most progressive they have ever seen. Plus, they are public for the first time in Canadian history. We have moved this along light years from where it was.

Let me just put a hypothetical situation to the hon. member. Imagine that there was a would-be bomber in a little town in rural Ontario who was going to get on a train to go to a big urban centre to detonate a bomb, and presume that information about that threat came to the attention of the RCMP and there was a question as to the source of that information, but the information was accurate and was viable. What would members do in those circumstances? Would they let the bomber get on the train to go to a large urban centre to kill thousands of people, or would they put in the law, as we have done, the exception that when the use of the information is necessary to save Canadian lives, they can in fact save those lives?

Report stageNational Security Act, 2017Government Orders

May 28th, 2018 / 6:15 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I find it interesting that the member said in his speech that the central tenet of Bill C-59 is the Charter of Rights and Freedoms. I was under the impression that Bill C-59 was about protecting Canadians and national security. Let us keep that in mind.

During the clause-by-clause consideration at the public safety and national security committee, over 235 amendments were proposed. Interestingly enough, all 29 Conservative amendments were defeated by the Liberals, and all 43 Liberal amendments were passed.

Now, on one such amendment that was proposed at committee, we heard from national security experts. It was proposed by the Conservatives, but it does not matter who proposed it because it was about national security. This really should be a civil liberties bill, because twice as many witnesses at committee were either civil liberty individuals or lawyers, as opposed to national security experts.

One thing that was brought up by a number of experts was the disconnect between intelligence and evidence—

Report stageNational Security Act, 2017Government Orders

May 28th, 2018 / 5:55 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, at this point in the proceedings, we can get back to the topic of Bill C-59 for what is really, under our procedures, both a report stage debate and a second reading debate.

I am very pleased today to rise in support of Bill C-59, as it has emerged from the standing committee, the government's proposed legislation to update and modernize our country's national security framework. This landmark bill covers a number of measures that were informed very throughly by the views and opinions of a broad range of Canadians during extensive public consultations in 2016.

It was in that same spirit of openness, engagement, and transparency that Bill C-59 was referred to the Standing Committee on Public Safety and National Security before second reading. The committee recently finished its study of the bill.

I want to thank members of that committee for their diligent and thorough examination of the legislation, both during their consideration of the bill, and indeed, during their pre-study of this subject matter in 2016, which contributed significantly to the drafting of Bill C-59 itself.

An even stronger bill, with over 40 amendments accepted, is now back before the House. The amendments would bring greater clarity, transparency, accountability, and public reporting. One of the major changes made by the committee was the addition of a new act in the bill, entitled avoiding complicity in mistreatment by foreign entities act.

Last fall we undertook to enhance and make public a previously secret 2011 ministerial directive to both CSIS and the RCMP that dealt with how those agencies should share and receive information with and from foreign entities when there was a risk that the information may have been derived by, or could result in, torture or mistreatment. Obviously, it is important to have ministerial directives governing such a serious topic.

The goal of my directive was to establish strong safeguards to ensure that information shared by Canada would not lead to mistreatment and that Canada would not use any information that could be tainted by mistreatment, with one exception. That is when it is essential to prevent the loss of life or serious injury.

The new avoiding complicity in mistreatment by foreign entities act would go a step further than ministerial directives. It would create a statutory requirement for such directives to exist in the form of orders in council, and not just for CSIS and the RCMP but for all departments and agencies that deal with national security. It would also require that each of those directives in the orders in council be made public.

This amendment, which is now in Bill C-59, is another example of how this legislation would strive constantly to achieve two things simultaneously. This bill would strengthen Canada's ability to effectively address and counter 21st-century threats while safeguarding the rights and freedoms we cherish as Canadians.

Bill C-59 is the result of the most comprehensive review of Canada's national security framework since the passing of the original CSIS Act more than 30 years ago. That review included unprecedented open and transparent public consultations on national security undertaken by Public Safety Canada and by the Department of Justice.

Several issues were covered, including countering radicalization to violence, oversight, and accountability, threat reduction and the Anti-terrorism Act, 2015, the former Bill C-51. All Canadians were invited and encouraged to take part in the consultations, which were held between September and December of 2016.

The response to the consultations was tremendous. Citizens, community leaders, experts, academics, non-governmental organizations, and parliamentarians alike made their views and ideas known over the course of that consultation period. In the end, tens of thousands of views were received, all of which were valuable in shaping the scope and the content of Bill C-59.

With almost 59,000 responses received, the online consultation was what generated by far the largest volume of input. In addition to that, there were nearly 18,000 submissions received by email. In addition, public town halls were held in five Canadian cities: Halifax, Markham, Winnipeg, Vancouver, and Yellowknife. This gave citizens across the country a chance to share their thoughts and opinions in person.

The Standing Committee on Public Safety and National Security held numerous meetings on the consultations. It even travelled across the country to hear testimony not only from expert witnesses, but also general members of the public who were invited to express their views.

A digital town hall and two Twitter chats were also organized.

Members of the public also had the opportunity to make their voices heard at 17 other engagement events led by different members of Parliament at the constituency level.

In addition, 14 in-person sessions were held with academics and experts across the country, as well as a large round table with experts from civil society.

I simply make the point that there was an extensive effort to be open, to be inclusive, to ensure that every Canadian who had something to say on this topic could have the opportunity to do that. This was not a process reserved for politicians in Parliament or for experts in ivory towers. This was an open, public, inclusive process, and Canadians let their voices be heard.

After all of that information was collected, the next step was to carefully analyze every comment, every submission, every letter, and all of the other forms of input. All of the views that had been expressed to the various consultative mechanisms have now been published on the Government of Canada's open data portal, so anyone interested in actually seeing who said what to whom throughout the whole consultation process can look it up and see what the dialogue was like.

In addition to that, an independently prepared report provides an overview of what was heard during the consultations.

While it would be difficult to summarize everything that we heard from Canadians in a consultation process that massive, I can speak to a few of the key themes and ideas that emerged.

As one might expect, given the thousands of submissions, there were widely differing opinions. That is what we would expect from Canadians who are very engaged in an important discussion. Certainly that was the case in these consultations.

The results make one thing perfectly clear. Canadians want accountability. They want transparency and effectiveness from their security and intelligence agencies. They want all three of those things, accountability, transparency, and effectiveness, together. They want the government and Parliament to achieve all of those things at once. Bill C-59 goes farther and better than any other piece of legislation in Canadian history to accomplish those three things together.

Canadians expect their rights, their freedoms, and their privacy to be protected at the same time as their security is protected.

Consistent with what we heard, Bill C-59 would modernize and enhance Canada's security and intelligence laws to ensure our agencies would have the tools they needed to protect us and it would do so within a clear legal and constitutional framework that would comply with the Charter of Rights and Freedoms.

There is no doubt in my mind that the legislation before the House today has been strengthened and improved by the result of the close work that was done by the standing committee. All the scrutiny and clause-by-clause analysis and consideration, all the debate around all of those various amendments has resulted in a better product.

When we tabled this legislation, and before the committee did its work, many of the most renowned experts in the country said that it was very good legislation and that it accomplished more in the field of national security than any other proposal since the CSIS Act was first introduced. That was a great compliment coming from the imminent experts who made those observations. However, now, after the debate, after all of the input, after all of the amendments, the legislation is even better.

One of the things I am most proud of with respect to Bill C-59 is how it represents a dynamic shift in the review and accountability structure for our entire national security apparatus. Currently, some of our agencies that deal in national security have a review body that examines their work. CSIS of course has the Security Intelligence Review committee, SIRC. The RCMP has the Civilian Review and Complaints Commission, CRCC. Those are a couple of examples. However, there is no unified review body that can look beyond one agency at a time and actually follow the evidence as it moves across government from agency to agency.

For the first time, Bill C-59 would fix this problem by creating the national security and intelligence review agency, or NSIRA. NSIRA is largely modelled on the often discussed idea of a “super-SIRC”, which would have the authority to review all matters of national security, whether they are with CSIS, or CBSA, or IRCC, or the RCMP, or Global Affairs, or DND, or anywhere else in the Government of Canada.

When we link that to the National Security and Intelligence Committee of Parliamentarians, which was recently created by the passage of Bill C-22, Canadians can be assured that we have a review architecture in place that is required for the 21st century. It involves parliamentarians, through the National Security and Intelligence Committee of Parliamentarians. It involves expert review through NSIRA. In addition to that, it involves, for the first time ever, a brand new innovation that we have introduced, a new element of actual real-time oversight, which has never existed before, through the work of the new intelligence commission, which is also created by virtue of this legislation, Bill C-59.

We also worked to ensure that the Charter of Rights and Freedoms is the central principle behind Bill C-59. This is perhaps nowhere more evident than the changes we have made to the former Bill C-51's threat reduction measures.

When Bill C-51 created these threat reduction measures, it created an open-ended, seemingly limitless course of possible action for CSIS to take. This bill would create a closed list of specific actions that CSIS could apply to a federal court for permission to undertake. It is open, it is transparent, while at the same time gives CSIS the tools it needs to keep Canadians safe.

Another part of the former Bill C-51 that we have undertaken to dramatically improve is the Security of Canada Information Sharing Act, or SCISA. After Bill C-59 is enacted, this new legislation will be renamed to the security of Canada information disclosure act, and it will not grant any new powers to collect information on Canadians. Rather it is a roadmap for how existing information related to a threat to the security of Canada can and should be shared between departments and agencies in order to mitigate or eliminate that threat.

It clarifies that advocacy, protest, dissent, or artistic expression are not activities that undermine the security of Canada, and it creates a robust review framework to ensure that information is being disclosed to other departments appropriately, with proper record-keeping at both ends of the process.

Next I want to touch on an issue that I believe almost every member of the House supports, and that is the fixing of the passenger protect program, or what is sometimes known as the “no-fly list”.

I imagine that virtually every member of the chamber has met with a member of the group called “No-Fly List Kids” at some point during this Parliament. To be clear, there are currently no children on Canada's passenger protect list. However, there are children and adults who may share a name with someone who is on the list. Former defence minister Bill Graham famously had to deal with this very problem when someone sharing his name was actually listed.

Fixing the problem involves both funding and new legislation. Bill C-59 will play an important role, allowing the government to collect domestic passenger manifests and screen the list itself, rather than sharing our passenger protect list with over 100 airlines around the world. What this means is that once the government is collecting the passenger manifests, it will be able to issue redress numbers to people who share a name with a listed individual. Anyone who has booked a flight to the United States in the past few years has probably noticed that their system has a box for a unique redress number. Once Canada's system is up and running, it will operate in a very similar fashion.

I would also note that we got the necessary funding to develop this new system this past March, in the most recent budget. This measure is another excellent example of ensuring that the rights of Canadians are respected while at the same time safeguarding national security.

There are many other important parts of Bill C-59 that I will not have the time in 20 minutes to go through in detail. However, I would like to just mention some of the others—for example, the new stand-alone legislation to modernize Canada's Communications Security Establishment. It has needed this modernization. It has needed this new legislation for a long time. Bill C-59 introduces that legislation.

There are also important changes to the Youth Criminal Justice Act, which ensures that protections are afforded to young Canadians in respect of recognizance orders.

Changes in the Criminal Code would, among other things, require the Attorney General to publish an annual report setting out the number of terrorism recognizances entered into during the course of the year. Also, there are very important changes to the CSIS Act that would ensure that our security agents are confident they have the legal and constitutional authority to undertake their essential work on behalf of all Canadians, including, for example, the complex matter of handling data sets, taking into account the advice and judgments of recent decisions in the federal courts.

Should Bill C-59 pass, this historic piece of legislation would enhance Canada’s national security, keep its citizens safe, and safeguard Canadians’ constitutionally protected rights and freedoms.

For all these reasons, I would encourage all hon. colleagues to join me in supporting Bill C-59. I am glad it enjoys strong support among Canadians generally and among some of our country's most distinguished experts in national security and civil liberties. We have been very fortunate to have the benefit of their advice as we have moved this legislation through the parliamentary process.

The House resumed consideration of Bill C-59, An Act respecting national security matters, as reported (with amendment) from the committee.

Motions in AmendmentNational Security Act, 2017Government Orders

May 28th, 2018 / 5:10 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

moved:

Mlotion No. 1

That Bill C-59 be amended by deleting the short title.

Motion No. 2

That Bill C-59, in Clause 49.1, be amended:

(a) by replacing lines 13 to 15 on page 43 with the following:

“3 (1) The Governor in Council must issue written directions to all deputy heads prohibiting”

(b) by deleting line 25 on page 43 to line 2 on page 44.

Mr. Speaker, it is unfortunate that the third motion, which pertained to one of my amendments, was not selected by the Chair, but I will still come back to the important points about it in a few moments. Just because it was not selected does not mean we cannot talk about it.

We are near the end of what has been a very long road with this government on an issue that dates back to even before the Liberals took office. Obviously, we must recognize that Bill C-59 is the result of the Liberals' approach. On one hand, during the last Parliament they supported Stephen Harper's draconian bill, Bill C-51, and on the other, they claimed that there were a lot of problems with the bill. The Liberals told people not to worry, however, because when they took office they would fix all of those problems. That was problematic for obvious reasons. If the bill was so flawed, posed so many problems with regard to national security matters, and violated Canadians' rights and freedoms, the Liberals should not have voted to pass it, and yet that is exactly what was happening with Bill C-51.

Let us fast-forward a little. After the Liberals were elected, they waited two years to introduce the legislation. They said that they had to hold public consultations. I will come back to that.

Meanwhile, the Canadian Security Intelligence Service, or CSIS, used the power to disrupt threats bestowed upon it by Bill C-51. CSIS confirmed that in committee.

While we waited those two years for the government to consult, even though the election promise had been to consult on a specific piece of legislation, this was open consultation, or so it would seem. However the problem was, and many experts decried this, the fact that the government's green paper seemed to indicate, through some of the notions that were put forward, that some of these aspects were already a foregone conclusion. There was a definite bent more toward the side of intelligence gathering and law enforcement, and certainly a lack of substantive points being made in favour of the other side of that, which was protecting Canadians' rights and privacy.

Too often the Liberals, in the committee in particular, like to put the word “balance” forward. As we heard from representatives of the Canadian Civil Liberties Association, when they presented at committee, balance implies that something is being taken away from one side or the other to achieve said balance. For us, the question of rights and liberties, and certainly the protection of Canadians' privacy, is not something that can almost be a victim of that type of compromise required to achieve said balance.

The other aspect that was not included in the public consultations, but that eventually became a central topic in our committee study, is the Communications Security Establishment, or CSE.

CSE, as members will know, is under the purview of the Minister of National Defence and its mandate is given to it by the National Defence Act. However, despite promises to no longer come forward with omnibus legislation, the Liberals have taken something that is the purview of the Minister of National Defence, something that the national defence committee has the institutional memory to study, all due respect to me and my colleagues on the public safety committee, and put it into this legislation.

That ended up taking up inordinate amounts, and rightly so, of time at the committee. These new powers being given to CSE and the huge change being made to CSE's mandate took up a lot of space and led to the most questions, not just from members but also from some of the experts who were there. Quite frankly, as far as we are concerned, many of those questions still remain without answers.

For example, there is the issue of CSE's cyber defence capabilities, as well as its offensive and active capabilities. The experts asked many questions on that subject. I introduced an amendment in committee to eliminate these powers, but it was not intended to compromise the safety of Canadians or our cybersecurity. We still kept CSE's defensive powers and capabilities in place. However, we had the right to ask questions, as I did with the senior CSE officials, though I did not get satisfactory answers, especially about what all this means for our country's military future.

CSE is governed by the National Defence Act, but it is a civilian agency, not a military one. However, Bill C-59, and now the federal budget and the legislation that the Minister of Public Safety and Emergency Preparedness says will be tabled this fall, is opening the door to capability sharing between CSE and Canadian Forces to improve our cyber capabilities in a military context or even in war zones.

I posed questions to the chief of the CSE and other officials who were present throughout different stages of the study. I said that there was some debate in the context of international law as to what sovereignty meant in this digital age. An act of war is when one infringes on someone's sovereignty, but is a server part of one's sovereignty? What is the role that data is playing in this? Certainly, colleagues who work on the trade file had similar concerns that they raised.

I asked these questions in the context of information-sharing capabilities with Canadian Forces. All I was able to get as an answer was that this stuff was already being done and it was better that it be codified in the law with all the protections, oversight, and review. Pardon me for being glib, but that all comes with that. However, it is not enough. If a foreign state actor, as the bill describes, engages in some kind of activity, we are talking about the Minister of National Defence having the capability to interfere with intellectual property and to be engaged in an active way.

In this era, when the federal budget is talking about more and more capability sharing between police and intelligence services, which let us not forget is what CSE is, ultimately, as it is not any kind of offensive entity but rather deals with foreign intelligence, and then to involve the Canadian Armed Forces, we are going down a slippery slope. This is not an issue I raise. It was one that witnesses raised time and again throughout this study.

Part of the reason why I tabled amendments, which were unfortunately voted down by the Liberals at committee, was to remove these elements, not because we disagreed, although they certainly are concerning, but because they required proper study. They should not have been part of omnibus legislation. They had nothing to do with the previous Bill C-51. Nor were they part of the public consultations that both the minister did and the committee did.

That is important. I know the answer I will get is that all the issues relate to national security. That is not enough. We need to be able to examine these issues more thoroughly, and that is certainly not the feeling we got.

Lets continue to look at part three of the bill that has to do with CSE. One of my amendments was unfortunately deemed inadmissible by the Chair, because it was too similar to another amendment I had proposed and that my colleague, the leader of the Green Party, had also proposed. The motion was almost word for word what the experts had suggested. It had to do with publicly available information. We will come back to this concept.

The concept, as it currently exists, is important because it gives CSIS and CSE the power to collect publicly available information. With respect to CSE, we were told over and over again that its mandate does not concern Canadians, since the legislation explicitly prohibits it from targeting Canadians. We must be careful, though, and we have to read part three of the bill, subclause 23 and 24, and the next few subclauses.

Subclause 23 indicates that, despite the ban on targeting Canadians, the centre can collect publicly available information for study and research purposes. In short, it lists a number of things to advance its mandate. Even collecting information inadvertently is allowed. This is very problematic.

We tried to do a few things to fix that. The first was to change the definition of “publicly available information”. That is because when I asked representatives of the CSE if the information that Cambridge Analytica legally but immorally stole from Canadians and others throughout the world through Facebook would be part of publicly available information under the definition provided in this legislation, I got a one-word answer, which is rare in these parts. It was “yes”.

What does my amendment propose to do? The Liberals said not to worry, that they would deal with it. They put in the words “a reasonable expectation of privacy”. That is good. That was part of my amendment as well, as was it part of the amendment brought by the member for Saanich—Gulf Islands. However, there is a whole slew of information missing from that. Allow me to read it to the House, since unfortunately it was deemed inadmissible and voted down by Liberals at committee.

It states that it would also include, along with information where Canadians have a reasonable expectation of privacy, “information that is published or broadcast only to a selected audience or information that is subscribed to or purchased illegally”, in other words, the prohibition on information purchased illegally. That is the problem with these amendments sometimes when one is reading them without the rest of the text that follows. Why is that important? It is important because despite the assurances that we got, there are a lot of questions about this. These are questions and concerns that some of the foremost experts in the field all have as well.

I also proposed an amendment for a catch-and-release principle, for information acquired incidentally on Canadians by the CSE. If it truly does not need the information captured incidentally, I understand it. That happens sometimes when one is going to study the information infrastructure in Canada. Therefore, we had a reasonable compromise, which was that if it happens, the centre has a responsibility to get rid of it. That was another amendment that was voted down by the Liberals on the committee.

I could speak at length about the CSE aspects, but I have only 20 minutes for my speech. It just goes to show how complex and worrisome the new concepts are and how we are far from having enough time to address them today. I would even say that we had very little time in committee as well. I have been in Parliament for seven years, and for the first time since becoming an MP, even though I can be quite verbose, my mike was constantly cut off and not through any fault of the chair, but because we simply did not have enough time to get into the details. I am not blaming the committee chair, who does excellent work on this study. Unfortunately, we did not have enough time for this conversation.

I want to come back to something more specific that affects more than just CSIS. I am talking about one of my amendments that were deemed admissible. Amendments that go beyond the scope of a bill can be proposed when that bill is referred to committee before second reading, as this one was, and the Liberals took advantage of that.

The Liberals used that opportunity to essentially present a new bill into the legislation dealing with the question of information obtained under use of torture, which bafflingly the Conservatives voted against. However, we do not have time to get into that today.

I voted in favour of it, for two reasons, but it does not go far enough, and we are going to get to that. The first reason is because the fact that it was even on the table was an acknowledgement that the status quo is not good enough, that the ministerial directives right now are not good enough, and that having these concepts more explicitly enshrined in law is always a good thing. Even though some of these symbolic statements in legislation sometimes seem to be only that, symbolic, they guide the decisions made and the advice given when these agencies seek legal opinions and so forth. On that front, it is a good thing. The other reason I supported it was because it is better than nothing. However, the language that remains is that the Governor in Council “may” issue directives to deputy heads. At the end of the day, we remain in the same situation we were in before. These were all recorded votes, so Canadians can check them.

Let me say for the record that I offered more explicit amendments to nearly every section of the bill that dealt with one of these agencies, putting in an explicit prohibition on using information that may have been obtained under the use of torture. Every single Liberal and Conservative on the committee voted against them. That is absolutely shameful.

Here is the motion that is before us today: that “The Governor in Council must issue written directions to all deputy heads...” At the very least, even though we are still dealing with ministerial directives, that obliges the government of the day to issue the directions, even though we already know that the directives themselves have loopholes. Even if the current directives, I will acknowledge, are stronger than the ones in the previous government, there are still holes in them, and those holes need to be addressed.

It is sad to see that my amendments, which would have at least done something to prohibit the use of that type of information, were defeated through the committee process.

Speaking of my amendments, I want to mention one thing I forgot at the beginning of my speech, since I think the Canadians watching us will find it interesting. The government said that it was open to suggestions from the opposition. I suggested 120 amendments, and just four of them were accepted by the Liberals. Three were accepted on the condition that I use the Liberals' wording, and the other was accepted because it was just a preamble. Not a single one of the Conservatives' 25 or 29 amendments was accepted. Not a single one of the Green Party's 55 amendments was accepted either.

The Liberals proposed amendments. Anyone can look at them, they are public. The Liberals put forward one amendment and decided to withdraw the others because they had an inferior one to replace them. I therefore proposed the Liberals' amendments myself, and they voted against their own amendments. That speaks volumes about the process.

I have just three minutes left, and I have only spoken about one part of the bill. I just spent 20 minutes giving a speech on the flaws of a single part of a bill that has 10 parts. That tells you everything you need to know about the flaws in this bill, not to mention the fact that CSIS retains its power to disrupt and to detain without any right to counsel, as was the case with the former Bill C-51.

Without mentioning that apart from changing the word “sharing” to “disclosure”, even though the word “disclosure” was there, what was qualified by groups like the B.C. Liberties Association, among others, as a cosmetic change at best to the information sharing regime remains in place. It was one of the biggest criticisms we had, and a reason for voting against Bill C-51 in the previous Parliament.

We will get to that through a future point of order, but hopefully we can vote on different elements of the bill. There are two parts that are good, review and oversight. Despite the fact that we tried to make changes to the review body to make it more accountable to Parliament and less to the executive, it was rejected. With the real-time oversight of the intelligence commissioner, we tried to make that a full-time position. I was not able to propose those changes, as they would require royal prerogative, which I, as an opposition member, do not have. Perhaps I can enter a final plea, although at report stage it is probably too late for that.

It is all too clear that, on the one hand, the Liberals did not want the Conservatives to criticize them for standing up for the rights and freedoms of Canadians and, on the other hand, they wanted to try to protect their progressive image in light of our legitimate criticisms that they have failed in their duty to protect the rights and freedoms of Canadians. Despite all the time we were able to dedicate to the study, despite the public consultations, questions from experts, criticisms from members, and a grandiose announcement that the Liberals were going to do things differently in committee, still, all of our amendments were rejected. The same system will remain in place and not enough improvements are being made in terms of what the Conservatives proposed.

In conclusion, it is true that we are entering a brave new world. We certainly know that in this digital age. I acknowledge that the threats are evolving and we need to address them. There is no doubt about that. However, one thing is for sure: right now, the ability of these agencies to act is outpacing the protections that Canadians have for their rights and freedoms, and their privacy.

That, for me and my party, is completely unacceptable, because at the end of the day, if we truly want to defeat these threats and what they stand for, if we truly want to stand on the other side of that terror and on the right side of history, it means standing up for Canadians' rights and freedoms. This bill just would not do that, and we will continue to oppose it. It is absolutely unfortunate, because we heard that better is always possible, but it does not seem to be with this legislation.

Speaker's RulingNational Security Act, 2017Government Orders

May 28th, 2018 / 5:10 p.m.


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The Assistant Deputy Speaker Anthony Rota

There are three motions in amendment standing on the Notice Paper for the report stage of Bill C-59.

Motion No. 3 will not be selected by the Chair, since a similar motion was defeated in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendments at the report stage.

Motions Nos. 1 and 2 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 and 2 to the House.

The House proceeded to the consideration of Bill C-59, An Act respecting national security matters, as reported (with amendment) from the committee.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 28th, 2018 / 4:25 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, this afternoon we were going to be debating Bill C-59, and I am the only member in this place who has report stage amendments for the bill. Therefore, I would have been the first speaker on that bill.

Despite that, I am still very pleased to have raised the points I did in my speech. The fact is that Bill C-59 is going to be before the House this afternoon. Essentially the Liberals have tried to escape the fact that they supported Stephen Harper's draconian security bill, the former Bill C-51, and, as usual, were trying to have it both ways, having their cake and eating it too, that there were problems with the bill, but they would support it and fix it after an election.

What happened after that? We waited two years after an election campaign. The Liberals promised to fix those egregious measures. They ignored the fact that in the meantime CSIS was still using the powers given to it through Bill C-51. After that, the Liberals tabled the bill in the dying days of the spring sitting, in June 2017, and did not bring it up for debate until the fall. Then when we finally got the debate on it, we had shortened committee hearings, nowhere near enough time to deal with omnibus legislation.

I respect my colleague and I certainly respect the fact that there can be an upheaval to Parliament's schedule. I would like to be making my speech and going back to my office, or doing whatever else, but this is an important issue. I do not want to hear that somehow Bill C-59 is so urgent, because the Liberals have certainly waited a long time to do anything about it.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 28th, 2018 / 3:55 p.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, it is a pleasure to rise today to speak to a very important report, but there are some things on which I would like to comment before I get into some of the details of the report or issue that we are debating today.

It is interesting to note that the report was tabled back on March 23, 2017. Many dozens of reports have been tabled in the House, more than 100. As with this report, I commend the efforts of members who take the time and use the resources and spend the energy in putting these reports together. Whether it is this report or other reports that come before our standing committees, it is important that we acknowledge the amount of work, not only by politicians but by Canadians in all regions of our country, who often come to Ottawa to express their opinions and concerns. Ultimately information is accumulated and put in the form of different recommendations.

This report is no different from many other reports that in good part are being acted on by the government in different ways. For example, if we look at this report, we see there are 24 recommendations. I have had the chance to briefly go through some of those recommendations. There is one I want to provide some comment on specifically, but as the Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship has described, the department has acted in a very strong way on a number of different recommendations. Something that Canadians should be aware of is that even though all of our standing committee reports do not get debated on the floor of the House of Commons, it does not mean the government is not taking action on these reports. We value the fine work of our standing committees, where Canadians as individuals or groups express their ideas and thoughts on important public policy. We understand it and appreciate it, and it does not have to be debated in order for the government to look at the recommendations and act on them where we can.

There are very few ministers of immigration, with the possible exception of the previous one, who have been as aggressive in addressing the important issue of immigration here in Canada. Let there be no doubt that immigration is absolutely critical to the long-term development of our country, both economically and socially. As a government and as a party, we understand that and appreciate it. The actions seen day in and day out continue to reinforce just how important immigration is to our country.

Having said that, I want to also make reference to the reason we are debating it here today. I am very much suspicious in the sense that this is one of many different types of reports out there. Here is a report that has been sitting around now since March 23, 2017. The government has proactively been implementing certain aspects of its recommendations, but why has the official opposition chosen to take it up today?

The opposition members like to say they want to debate government bills, but when they are afforded the opportunity to debate government bills, we see tactics of this nature that ultimately prevent them from debating government bills.

What were we supposed to be debating this afternoon? I believe it was Bill C-59 regarding public safety. It is legislation that is very important to all Canadians. All political parties want to debate the bill, yet we have the official opposition bringing forward a report that will take away from the debate on Bill C-59. Trust me when I say that in the coming days, the opposition members will stand in their place to say they want more debate time. That is what they will argue, but then they will bring in motions of this nature.

This is not to marginalize the issue. We understand the importance of immigration. We understand how important it is to recognize and act on the work that our standing committees do, but we are not going to be fooled by an opposition party that now decides that this is the day to debate it. The real reason they are doing this is that they do not want to debate the government bill. That is the reason they have brought this motion today.

That is fine. They are the official opposition. They can work with the other opposition parties and entities in the House, and this is the topic that they want to debate today. It happens to be a topic that I am exceptionally passionate about, because there is nothing that is brought to my constituency office more often than immigration concerns.

I often say that I get hundreds of files or immigration requests every month. People think I am exaggerating if I say 400. If anything, I am underestimating the actual numbers that I deal with in my constituency office. Most people would be amazed at the amount of help we try to give people to come here from countries like the Philippines or India, in particular the Punjab, and other countries around the world, such as Ukraine and Pakistan. Individuals are trying as much as they can to get family to come and visit Canada.

I follow the issue of immigration very closely. I used to be the immigration critic for the Liberal Party of Canada when we were in opposition. I witnessed first-hand the types of problems that were created and generated by Stephen Harper and Jason Kenney, and there were plenty. If members want to talk about disasters in immigration, this is a great way to look at it. I remember sitting at committee when they came up with the announcement about stopping the sponsoring of all parents and grandparents. They killed it flat. What they did was say they would come up with a super visa to justify doing that. Then a couple of years later, after they finally opened the program, they said it would be 5,000. When the Liberals took the reins of power, we doubled that 5,000 to 10,000.

The Liberals put in a better processing procedure for immigration. We are making a real difference in processing times. The best example is the reunification of families. Imagine if a person is going to the Philippines or to India. In particular, I said I do a lot of work in relation to the Punjab. When a person went through the province of Punjab to get married, it would take two to three or even more years to get their spouse to Canada.

During the Harper years I was not able to get one temporary visa, not one, where dual intent could have been used in order to get a spouse over to Canada. We have seen significant improvements. Now it is closer to a year. I believe it is just under a year. I have actually been successful at getting some of those temporary visas for spouses.

Our ministers of immigration have understood, right from the get-go, how important it is to clean up the mess that the Conservative Party left when they were voted out of office. We will continue to do so. This is all about clients.

I believe that technology can make a difference. In 1991, I believe it was, I was in the Philippines in the embassy as a Parliamentarian taking a tour of the facility, and I saw these huge plastic containers. I asked what all the plastic containers were for. There were literally thousands of documents inside these plastic containers.

They said they would get two or three plastic containers of written correspondence a day.

Technology does need to be acted on, which is something this government takes seriously. We are proactively fixing many of the problems that were created by the previous Conservative government.

Alison Irons As an Individual

Good afternoon Mr. Chair, and members of the committee. Thank you for inviting me to speak today.

My name is Alison Irons. I'm the mother of Lindsay Margaret Wilson who, at the age of 26, was stalked and murdered by shotgun by her ex-boyfriend on April 5, 2013, in Bracebridge, Ontario, two weeks before completing her graduating semester at Nipissing University.

My daughter's killer drove from Kingston earlier that week and followed her car from her tiny campus to discover where she was living. The day of her murder, he drove up again, followed her, and hid behind the house. He took four videos of himself on his phone preparing to kill her, and waited until she emerged from the house. He confronted her in the driveway and shot her while she bargained for her life, with pellets and slugs from one of the two long guns he took with him to ensure that he got the job done. He then took his own life.

She was conscious for a few moments, but in no pain, and told EMS that she knew she was dying. Imagine living with that as a parent. Mortally wounded, she didn't know that her murderer had killed himself beside her. She died about 20 minutes later at the Bracebridge hospital.

According to the pathologist, there was extensive internal injury to my daughter's heart and lungs. Her killer knew what he was doing. I'll tell you, as an ex-RCMP officer myself, that this is a lethal target known as centre body mass. Her right shoulder was fractured, five ribs were shattered to pieces. Her left forearm was completely fractured and left hanging by a thread, with what the pathologist called an avulsion of most of her left forearm, likely a defensive wound.

She had minor gunshot wounds to the back of her head, likely from the first shot spinning her body around, and stippling wounds to the lower part of her beautiful face. I'm grateful to the pathologist's staff for concealing these facial injuries with makeup, so that I could kiss my daughter goodbye for the last time.

I don't apologize for being graphic about my daughter's injuries. This is what guns do in the hands of the wrong people.

My daughter met her killer sometime in 2009 or 2010. He hid his criminal past from her and had plausible explanations for why he, as an adult, was living with his parents and seemed to have no real job prospects or tangible income. He was charming, articulate, clean-cut looking, and a recreational hunter.

There was no violence in their relationship, although he could be controlling and manipulative. She left him for the first time in 2011 when she caught him drug dealing. He successfully lured her back with false promises of change, but a year later she caught him drug dealing again.

In 2012, she was devastated when he contracted meningitis and nearly died. She thought that his illness was her fault for having left him. When he survived, she, as a person trained in disability support and out of her sense of guilt, tried to help his recovery, but by Christmas the same manipulative, controlling behaviours recurred, and she severed all contact. He stalked her and murdered her three months later.

As a career-long investigator, I researched his history. He had concealed from my daughter that in 2000 he was arrested by one police force for drug trafficking. Seven days later, he and another male kidnapped a third male from a residence over what Kingston Police believe to have been a drug deal gone wrong. They bundled the victim into a car, drove him off down a secondary highway, while one of the two beat him up in the car. He escaped by rolling out of the moving car onto the side of the highway, where he was rescued by a passerby, and taken to police. Had he not done so, who knows if the victim would have been murdered.

My daughter's killer and the other kidnapper were charged with approximately five offences including forcible confinement, assault, threatening, and at least a couple of other charges, which Kingston Police told me were related to drugs. Through an apparent plea bargain, he was convicted in 2002 of only forcible confinement and assault, through summary conviction. The previous drug trafficking charge was withdrawn. His only sentence was two years' probation.

Immediately upon completing his probation in 2004, he applied for and was granted a possession and acquisition licence. He privately purchased several guns, one of which was the gun he used later to murder my daughter in 2013. Through my own sources, I learned he had been extensively interviewed about his PAL application under the self-reporting model. This meant that he had been red-flagged in the Canadian firearms information system, what is known as a stage A failure, but this flag was then discretionarily overridden in order to grant him the gun licence.

Before he met my daughter, and again concealed from her, he was warned by a person in authority, apparently due to a domestic violence incident, that if he didn't obtain a pardon for these prior convictions, his PAL would not be renewed. Although this incident is recorded in the Canadian firearms information system, it wasn't coded by police in such a way as to precipitate a firearms hit or trigger a review or revocation of his licensing. Yet this warning suggests to me that his licence should never have been granted in the first place. CFIS also contained a conviction for impaired driving.

As Lindsay's mother I ask you how someone with adult criminal convictions for forcible confinement and assault related to drug trafficking, as well as an impaired driving conviction and a CFIS entry for a domestic violence incident could ever get a gun licence in Canada. How does our gun licensing system fail to properly take into account and weigh the actual context of someone's convictions and other CPIC or CFIS history before granting them a licence? Did he obtain the PAL and the guns for hunting, as he likely purported on his application, or did he obtain them to protect his apparently ongoing drug-dealing career over 13 years?

Our gun licensing system and process, particularly in the area of background checks, definition and validation of references, treatment of criminal offences, and the apparent broad discretion to override stage A failures or red flags, clearly failed my daughter. Please don't tell me that he just fell through the cracks.

Justin Bourque killed three Mounties in New Brunswick using legally acquired guns. Alexandre Bissonnette killed six people at a Quebec City mosque using legally acquired guns. Mayor Tory of Toronto has recently written to the minister for help since, due to tighter border controls limiting the smuggling of illegal guns into Canada, trafficking in legally acquired domestic guns to criminals and gangs is on the rise.

Since we couldn't even protect my daughter, we cannot say that bills such as the former C-51 and C-59 protect Canadians from terrorist acts, mass shootings, or lone wolf gunmen like the one who killed Corporal Nathan Cirillo on Parliament Hill, if we do not correspondingly review and begin to strengthen our gun legislation, regulations, policies, processes, and systems and close the gaps.

In the case of an applicant with convictions for personal violence, especially when related to other serious crimes such as drug trafficking, background checks must be more comprehensive and must consider the applicant's adult lifetime criminal history and the context of any crimes of personal violence. Definition of appropriate references for PAL applications must be more stringent and should not include immediate family members or those with a criminal record. All references for those with a criminal record for personal violence should be validated as to suitability, CPIC and CFIS checked, and contacted. An appropriate level of skilled resources should be in place to ensure that more comprehensive background and reference checks can be conducted.

Do I have just one minute more?

Don Davies NDP Vancouver Kingsway, BC

Actually, I was scrumming behind the minister, and he proved the adage that one should never use 10 words when a thousand may work.

The government has announced $81 million over five years toward the passenger protect program. Part of that is to implement a redress system like the one Canadian airlines already use for flights between Canada and the U.S.

I have two questions. First, how much of these funds will be directed toward the redress system? Second, how much is the establishment of the appeal process referred to in Bill C-59 expected to cost?

Customs ActGovernment Orders

May 9th, 2018 / 5:15 p.m.


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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Mr. Speaker, I am pleased to rise today in support of Bill C-21, an act to amend the Customs Act. Simply put, the proposed changes would provide the Canada Border Services Agency, or CBSA, with the legislative authority to collect basic exit information on all travellers leaving Canada. The information we are talking about is simple biographical data, such as name, date of birth, and nationality, just enough to know who left the country and when.

Up to now, this has been something the CBSA has not been able to do. The CBSA collects information on all travellers entering Canada, but it collects exit data only for non-citizens who leave by land. Bill C-21 would close this information gap by providing a remedy. It would authorize the CBSA to collect exit information on all travellers. For those leaving by land, it would get it from U.S. Customs and Border Protection, which collects the same information on entry into the United States. For those leaving by air, it would get it from the airlines. In other words, travellers would not have to provide any additional information or be otherwise inconvenienced in any way.

The process by which information would be collected and exchanged under Bill C-21 was the subject of extensive consultations. The government has made privacy a paramount consideration in the development of this legislation. The Office of the Privacy Commissioner has been extensively engaged on this subject. In fact, when the commissioner testified before the public safety committee, which I have the honour of sitting on, he said that the information in question is “not particularly sensitive”.

Even so, the new system of exit data collection would require that privacy impact assessments be carried out, potentially by a number of federal organizations, before being implemented, always, of course, in accordance with Canadian law. This is in line with our commitment to accountability and transparency, particularly in the realm of national security. Canada now has the National Security and Intelligence Committee of Parliamentarians, and Bill C-59 would create a new review agency for security and intelligence activities. In addition, the public safety minister has said clearly that the government is examining options for a specific review body for CBSA.

All of this should give Canadians confidence that the measures in Bill C-21 would be implemented with the utmost consideration for rights and freedoms, including the right to privacy. The Privacy Commissioner said at the committee that Bill C-21 would serve “important public policy objectives”, and I certainly agree with that.

It would, for example, address several security blind spots caused by the fact that we do not currently keep track of who leaves our country. For example, at the moment, very curiously, we have no way of knowing if wanted individuals are fleeing Canada to escape prosecution. Similarly, we might not know that an abducted child who is the subject of an amber alert has been taken out of the country, or that someone who is radicalized is leaving Canada to join a foreign terrorist group.

This lack of information also creates administrative problems. For instance, it complicates the administration of social benefit programs with residency requirements and applications for citizenship and permanent residence, because there is no quick and reliable way of knowing that an applicant spent the requisite amount of time in this country.

The public safety committee heard from a senior immigration department official, and I will quote this because it is very important to get it on the record. She said, “I cannot stress enough how access to this information will enhance program integrity across multiple lines of business by providing IRCC's officers with a tool to objectively confirm an applicant's presence in, absence from, entry into, or departure from Canada.”

Immigration officials also told the committee that Bill C-21 would help to ensure that people who are entitled to Canadian citizenship and permanent residence can get it with a minimum of hassle. Rather than requiring applicants to produce documentation to prove their travel history from years past and expending department resources to conduct investigations and verifications, reliable and accurate information about who was in the country, and when, would already exist.

Bill C-21 would address these and other gaps, improving Canada's ability to combat cross-border crime, effectively administer immigration and social benefit programs, and continue to manage the border in a way that contributes to the safety and prosperity of Canada and Canadians.

Most of our allies, including those in the Five Eyes, have similar systems already in place and this is for good reason. This legislation would bring Canada in line with our international partners in ways that we have not seen before.

As hon. members well know, our highly trained CBSA officials play a critical role in keeping our borders secure and facilitating the flow of legitimate trade and travel 24-7. No matter how well we train our border services officers, we must understand that their effectiveness depends on having the right tools. This includes complete and accurate data. That is why the bill is about accurate, timely, and complete information for border services officers in both Canada and the United States.

We owe it to the country's citizens to close the information gaps that exist in our current border operations, and in this light, I ask all members to support the bill.

Customs ActGovernment Orders

May 9th, 2018 / 4:20 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, would the hon. member not concede that the very thing she is complaining about in Bill C-51 is, in fact, being amended, improved, and changed in Bill C-59? Bill C-51 was the Conservative bill. Bill C-59 is the current bill that is being dealt with by this Parliament to correct the problems existing in C-51.