Bill C-59 (Historical)

National Security Act, 2017

An Act respecting national security matters

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.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Okay, thank you very much for that reassurance.

Can you comment on where the proposed new offensive cyber capabilities that Bill C-59 offers would take us in comparison with our Five Eyes allies in this particular area?

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

In a broader context, Bill C-59 was referred to the committee before going through second reading in the House of Commons. The minister wanted us to check whether improvements could be made to some elements of that huge bill. As public servants, you worked on developing the bill.

Now, in insight, would you say to the committee that the situation has changed or there are elements you had not considered at the time? You know how things are being done now. Are there any changes we could propose as amendments?

[Malcolm Brown]

Of course, I hope so. Seriously, there is no doubt that the bill contains important new tools to that end.

It's kind of a demand-driven environment. Can I say today—I'm making up a number—there are 15 threats and Bill C-59, or some version of it, is passed, and a year from now there will be 14? No.

Can I tell you I believe—and I think this is the view of the agencies—that Bill C-59 provides important tools and assets to help reduce the threats Canada faces? My response is the same as I gave earlier. Assuredly, yes. Does it reduce every threat? No.

[Michel Picard, Liberal, Montarville, QC]

Thank you.

I would like to ask one last and more general question.

The most recent departmental report on the terrorist threat continues to indicate that the threat level is medium. This has not changed for four years. The last report for 2014 also indicated that the threat level was medium.

Does bill C-59 provide the tools required to keep the terrorist threat level at medium? Do you also have tools to help us reduce this threat level?

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

Thank you.

I apologize. At the beginning of my remarks, I used the term “bureaucrats”. I should have said “public servants”, so I apologize for that. I didn't mean it as a slam in any way, whatsoever. I apologize.

There are legitimate concerns that have been expressed about foreign interference in our electoral process, as has been alleged to have occurred in our 2015 election.

Are there enough oversight powers in Bill C-59 to deal with foreign threats to our electoral process?

[Malcolm Brown]

Yes and no. The way that warrants are now used by the authorities that all of these agencies have to go through to access information is a long tradition. The reality is that yes, it's different, but the underlying principles and the foundation in law are the same in the way information is treated. We have to update our procedures and practices, and from time to time examine and ensure that they're still relevant. I think what's in Bill C-59 demonstrates quite a capacity to absorb and propose change. It's important not to think that it's so different that we have to jump to a new framework—not immediately, because we have to think through the consequences.

I think the challenge is to find the right balance to ensure that the concerns you're describing, about people feeling their information isn't being shared willy-nilly, are addressed by the way we manage the information. The layers of scrutiny that are embedded in this bill are so significant that I think.... We'll see, it's a prediction, and I know I've got to stop because I'm taking up your time, but this is an important issue. You have heard witnesses who feel the layers of scrutiny embedded in this bill are too much of a burden.

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

All right.

We also heard Mr. Fadden speak about China, which has about 200,000 people conducting cyberoperations.

Do you believe that the powers granted by bill C-59 open the door to effective action against the Chinese threat in cyberspace?

[Malcolm Brown]

I will answer and my colleagues can add to my comments.

The view is that, in addition to the changes that are proposed in Bill C-59, the framework that is already available to the government in terms of addressing issues associated with terrorist financing is sufficient. Generally speaking, in the context of Bill C-59, the government is open to suggestions. I do think that in the perspectives in the private member's bill that you've mentioned there are some practical considerations that, frankly, make it problematic.

That being said, I think we're constantly challenging ourselves to ensure that all of the agencies have the tools they need to confront the challenges around terrorist financing. There are a variety of steps we can take, and at that I'll let my colleagues jump in, if they'd like, in terms of the tools we have now that, we believe, give us the capacity to respond as necessary.

Gilles.

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

Thank you, Mr. Chair.

Good morning, everyone. Thank you for being here today. Your comments will be most helpful.

My first question concerns the funding of terrorist groups. The question is for Mr. Brown or anyone else who would like to answer.

Mr. Michael Nesbitt appeared before the committee. He expressed his concern that Canada runs the risk of being a home for terrorist financing and other activities. This is a possibility.

Our party, through my colleague Mr. Tony Clement, introduced bill C-371, which is currently being studied in the House. This bill would address what are known as covert means. It appears that the government did not want to support the bill, arguing that bill C-59 and other Canadian legislation provides the tools required to prevent funding by covert means in support of terrorism.

Could you comment on that?

[Shelly Bruce, Associate Chief, Communications Security Establishment]

Thank you.

Mr. Chair, distinguised members of the committee, As associate chief of the Communications Security Establishment. I want to thank you for the invitation to appear before you, as you continue your study of bill C-59, which sets out the Communications Security Establishment Act.

I am pleased to be here today to clarify and explain certain aspects of this important piece of legislation.

Let me begin by underscoring remarks made by Minister Sajjan when this legislation was last discussed in the House of Commons. The minister said:

There can be no greater obligation than to protect the security of Canadians at home and abroad. Bill C-59 would provide CSE with the authorities and tools to maintain the highest standards in security protection while adhering to the high standards of accountability and transparency.

CSE has helped protect the security of Canadians for over 70 years by providing critical foreign intelligence about threats to our national security and our deployed forces, and by protecting Canada's most sensitive information and information systems. In order to deliver this important mandate, governments throughout those 70 years have expected CSE to respond to the priorities of the day and to ensure that it stays ahead of evolving global threats and constantly changing technology—and to meet those challenges while protecting Canadians' privacy, rights, and freedoms. That is what the proposed authorities and accountabilities in the proposed CSE act would do. They would provide CSE modernized authorities to help keep Canadians and Canada safe and secure against global threats, including cyber-threats, in a rapidly evolving technological world. They would provide new accountability measures to ensure that CSE's activities are authorized, reviewed, and are as transparent as possible.

As the committee has studied this bill a number of important questions have been raised. I would like to address a few of the more common ones now.

First, I'd like to address the provision in the proposed act around publicly available information. Questions have been raised about how CSE would use publicly available information and what impact that would have on the privacy of Canadians. To be clear, this provision exists only to allow CSE to conduct basic research in support of its mandate from the sorts of public resources that would be available to anyone in Canada. CSE does not and would not use publicly available information to investigate Canadians or persons in Canada, or build dossiers on them. That is not our mandate, and for us, mandate matters.

The proposed CSE act reinforces this by explicitly requiring that CSE have measures in place to protect the privacy of Canadians and persons in Canada in the use, retention, and disclosure of publicly available information.

How would we use that publicly available information? I can provide three quick examples. First, we could use it to provide general background information for a foreign intelligence or cyber-security report. Second, we could use it to assess the nationality of an individual or organization. Third, we could use it to consult technical manuals associated with new technologies or infrastructure.

Under no circumstances would CSE use this provision to acquire information that was unlawfully obtained. Hacked or stolen data would not constitute publicly available information under the CSE act.

This committee has also heard questions about the proposed active cyber-operations aspect of CSE's mandate, including questions on how they would be used and the potential impact on Canadian privacy. As this is a new authority for CSE, I want to clarify what this means. Active cyber operations would allow CSE, within strict legal parameters and with approvals at the highest levels of government, to take action online to disrupt foreign threats, including activities to protect our democratic institutions, to counter violent extremist and terrorist planning, or to counter cyber-aggression by foreign states. As examples, CSE could use active cyber operations to prevent a terrorist's mobile phone from detonating a car bomb; we could impede terrorists' ability to communicate by obstructing their communications infrastructure; or we could covertly disrupt a foreign threat actor from interfering in Canada's democratic processes.

The proposed legislation is also clear in the limits built into this authority. CSE would be prohibited from directing active cyber operations at Canadians, at any person in Canada, or at the global infrastructure in Canada. The act would also require that these activities be reasonable and proportionate. It would specifically prohibit CSE from causing death or bodily harm, or wilfully attempting to obstruct, pervert, or defeat the course of justice or democracy.

Let me underscore the fundamental change in our approach to ministerial authorizations.

Bill C-59 builds on CSE's current ministerial authorization regime by broadening its application and introducing new and important oversight and review functions. Under the act, CSE will seek a ministerial authorization for any activity that would interfere with the reasonable expectation of privacy of a Canadian or a person in Canada, or contravene an act of Parliament.

For CSE's foreign intelligence and cyber-security activities, these would be subject to approval by the Minister of National Defence and the intelligence commissioner. Active and defensive cyber operations are not collection activities and cannot be directed against Canadians or persons in Canada. As such, they would be approved by the Minister of National Defence and the Minister of Foreign Affairs. All of CSE's activities would also be subject to full review by dedicated independent review bodies.

Mr. Chair, I'll conclude by thanking the committee for inviting me and my colleagues here today to testify.

Thank you for your important deliberations on the Communications Security Establishment Act. We look forward to answering your questions.

Thank you.

[Malcolm Brown, Deputy Minister, Department of Public Safety and Emergency Preparedness]

Thank you very much, Mr. Chair.

I'll make a few opening comments, and then I think my colleague Shelly from the Communications Security Establishment will also have some opening comments.

I'm pleased to have the opportunity to appear with my colleagues today to discuss Bill C-59, the proposed National Security Act, 2017.

As you can see, I'm joined by officials from the Public Safety portfolio, including the RCMP and CSIS, the Communications Security Establishment, and the Department of Justice.

I want to begin by thanking all the members of this committee for reviewing this bill.

As you know, this bill is the focal point of Minister Goodale's mandate with regard to national security. It is also the result of an unprecedented nationwide public consultation, one in which this committee played an important role.

The consultations undertaken by Public Safety Canada and the Department of Justice involved an online questionnaire, in-person town halls across the country, social media engagement, and much more. In total, tens of thousands of views were heard, collected, documented, and analyzed.

Of course, this committee held numerous meetings of its own on the topic of national security.

The proposed legislation reflects all of this input - from citizens, parliamentarians, community leaders, national security experts, and academics.

Bill C-59 has three core themes.

Number one is to enhance accountability and transparency. This would be done through the proposed creation of an intelligence commissioner and a national security and intelligence review agency, both of which would complement the work of the newly established National Security and Intelligence Committee of Parliamentarians.

Number two is to fulfill mandate commitments with respect to the former Bill C-51. This includes proposed revisions to threat reduction activities under the CSIS Act, amendments to the Criminal Code, improvements to the Secure Air Travel Act, and revisions to the Security of Canada Information Sharing Act.

Number three is to ensure that our national security and intelligence agencies can keep pace with the evolving nature of security threats. This includes measures such as modernizing the CSIS Act, establishing the proposed Communications Security Establishment Act, and making other legislative updates.

In short, bill C-59 is designed to update and modernize Canada's national security framework to reflect current realities. Its overall objectice is to keep Canadians safe, while safeguaring our rights and freedoms.

To ensure that this bill achieves this objective, Minister Goodale signalled his intention for a thorough review and analysis of its contents as it proceeds through the parliamentary process.

Beginning this past summer and continuing through to the new year, officials from Public Safety Canada and from across the security and intelligence community have engaged key stakeholders. In many ways, this has been a continuation of conversations that began with the national security consultations in 2016, which I mentioned earlier.

The aim of these discussions and interactions has been not only to respond to technical questions about the content of the bill, but also, and mainly, to obtain feedback and input about how to improve the bill.

We've had meetings and exchanges with the Office of the Privacy Commissioner of Canada, the Security Intelligence Review Committee, the Office of the Communications Security Establishment Commissioner, and the Civilian Review and Complaints Commission for the RCMP.

We also had a number of exchanges with prominent academics in the field of national security in order to obtain constructive feedback to help ensure the bill achieve its objectives. I can assure you that these discussions were very helpful.

Similarly, we have taken a keen interest in the deliberations of this committee, including the testimony of witnesses and the detailed written briefs made available on the committee's website. I should note that, although separate from Bill C-59, the government announced in June that it would be adopting a national security transparency commitment to be applied across Canada's federal national security apparatus. Public Safety Canada is exercising a leadership and coordination role for implementing that commitment and supporting the establishment and operation of an advisory group. This work will complement the ultimate objectives of Bill C-59.

It is Minister Goodale's aim to have an open and thorough conversation in order to ensure that this bill is the best it can be.

It is in this spirit that my colleagues and I appear before you today. We look forward to responding to any questions the committee may have about the bill.

Thank you very much, Mr. Chair.

[The Chair, Liberal, John McKay]

Even though we are a few minutes early, I'm going to call this meeting to order and ask Mr. Brown to lead off.

We're here for two hours. I'm anticipating some order in the first hour when we ask our questions, and maybe a little less formality in the second hour as we dive deeper into Bill C-59.

I appreciate the interest of all of the departmental officials in the deliberations of the committee. This is an opportunity for the committee and various officials to interact on both a semi-formal and a less formal basis.

With that, we'll start with Mr. Brown.

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

Right now, in Canada, we are studying Bill C-59, which deals with cyber attack and counter-attack capabilities.

Do you think NATO countries should have cyber attack capabilities? Could Latvia request this capability? For example, could Latvia say that it would like Canada to conduct a cyber attack against such and such an element in Russia?

Prevention of Radicalization through Foreign Funding Act

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

Mr. Speaker, I thank my colleague for his speech. However, there is something that I need to tell him. Right now, the Standing Committee on Public Safety and National Security is studying Bill C-59. As part of that study, we noticed that there is a gap in Bill C-59, and that could be filled by Bill C-371, which was introduced by my colleague from Parry Sound—Muskoka. It would be nice if my colleague were listening to me, but that is fine.

Today, I am pleased to rise in the House to support my colleague's bill, Bill C-371. I think it is an essential tool for combatting terrorism in Canada. As proposed, the bill would give the government the ability to establish, based on the recommendations of the Minister of Public Safety and Emergency Preparedness, a list of foreign states, individuals, and entities that suppress religious freedom, sentence individuals to punishment based on their religious beliefs, and engage in or support activities that promote radicalization.

This bill deals with what is known as the covert means by which money is paid to Canadian organizations and institutions that support radicalization. It would make it possible to prevent an individual, entity, or foreign state that supports, promotes, or is associated with radicalization from funding an institution through donations or gifts.

This bill is very important because the Liberals prove to us almost every day that they do not fully understand the very clear danger we are facing.

For example, all Canadians in every region of the country heard the Prime Minister say that the Islamic State jihadis can have an extraordinarily powerful voice in Canada.

It is incredible that a prime minister would make such a comment. Not only is it absurd, but it is completely irresponsible.

Many of these people have returned to Canada with terrorist training, which is based on hatred for everything that is contrary to their views. These terrorists have committed unthinkable acts of violence. They have shot homosexuals, raped women and young girls, and killed Christians, Jews, and members of other faiths.

Today, the Prime Minister not only believes that these animals can be integrated into our society, but that they can be a powerful voice. Does the Prime Minister mean that they are a powerful voice for radicalization? Does he perhaps mean that they are a powerful voice for turning back the clock on women's rights? Is the Prime Minister aware of the real danger that these people represent? Does the Prime Minister keep an eye on the news about terrorist attacks in other countries? I am not so sure.

Another example is that the Prime Minister reached a settlement agreement with a terrorist, but he is dragging our veterans, those who fought to protect Canadians, through the courts. Clearly, the Prime Minister lacks judgment. He does not have his priorities straight.

Bill C-371 is important because we know that there have been relatively few charges, prosecutions, or convictions of people who have taken part in or provided material support to the jihadi movement.

We are concerned about the failure to prosecute when it comes to terrorist financing.

We learned that between 2009 and 2014, the Financial Transactions and Reports Analysis Centre of Canada identified 683 cases of terrorist financing, and that no legal action was taken under the relevant sections of the Criminal Code. The terrorist threat to the security of Canada has increased significantly.

In recent decades, a number of Canadians have been convicted in court for planning multi-target, mass-casualty strikes in this country. Threats have been forthcoming from Canadians who have joined terrorists hostile to Canada and its allies. We know that more than 80 Canadians have returned to Canada after participating with Islamist fundamentalist groups. Many of these people return with terrorist training, combat experience and may therefore pose a security risk to Canada. There have been relatively few charges, prosecutions, or convictions for participating in or providing material support to the jihadist movement.

Similarly, with the exception of the 2010 conviction of Prapaharan Thambithurai, who was charged with raising money for the Liberation Tigers of Tamil Eelam, there have been no charges in the area of supporting listed terrorist entities like the Liberation Tigers of Tamil Eelam, Hamas, Hezbollah, or the Islamic Relief Fund for the Needy and Afflicted.

Calgary imam Syed Soharwardy, as well as other witnesses, advised the Standing Senate Committee on National Security and Defence that extremist jihadist ideology is being spread at schools and universities in Canada, often under the guise of academic freedom and away from the eyes of CSIS.

The person who told us that is an imam. Specifically, he said this:

The money comes in different ways, in secret ways. Money comes through institutions. There are two organizations in Canada. Basically they are U.S. organizations that are operating in Canada. One is called AlMaghrib Institute, the other is called AlKauthar Institute. Both work in universities, not in mosques. Both give lectures. Both organize seminars. They are the ones who brainwash these young kids in lectures.

That is what the Calgary imam told the Standing Senate Committee on National Security and Defence. I did not make that up. When Shahina Siddiqui of the Islamic Social Services Association appeared before the same committee in 2015, she said this:

I can tell you that my own organization was offered $3 million. We refused, even though I had not a penny in my account at that time, when I started the organization, because this is a Canadian organization, and we don't need funding from anywhere else.

The same thing with our mosques in Manitoba. We were offered money from Libya when we made our first mosque. We refused it.

Did some mosques accept money from overseas because it was legal to do so? If we want to curtail that practice, we have to make it illegal, not just for Muslims but for all groups. One person said no. M. Siddiqui from Islamic Social Services said that he refused money. He was offered $3 million from Libya. He knew it was irregular. There was nothing stopping him from accepting that money. That is what is meant by secret ways. That money could have come in through the back door and, if these people were not honest, they could have had that money. There is no way to control that.

Richard Fadden, former director of CSIS and national security advisor to former prime minister Harper and to the current Prime Minister during the first few months of his mandate, confirmed that there are concerns about foreign financing of Canadian religious and quasi religious institutions. The danger is real. This bill would serve as another tool to counter those who hate our society. As I said earlier, Bill C-59 is a massive, 140-page document that includes a lot of things. However, ever since the committee started hearing from witnesses, we have seen that this bill is flawed. I mentioned to my colleagues that Bill C-371 would address the gaps in Bill C-59. Despite the government's claims, I think that passing this bill would be very appropriate.

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I am pleased to take part in this debate. As we continue to read Bill C-371, I would like to say that I support the purpose of the bill and the ideas that inspired it.

Curbing or preventing the flow of money that supports terrorism is one of the government's key concerns. Bill C-371 seeks to prevent the flow into Canada of foreign funds donated by sources who have been associated with radicalization. During our last debate, several hon. members pointed out that there was some overlap in the bill that conflicts with mechanisms that are already in place in Canada.

The bill also has significant flaws that would be hard to overcome. For example, under Bill C-371 some charitable organizations might be unduly penalized. This would prevent religious, cultural, or educational institutions in Canada from accepting money or goods from sources affiliated with the countries on the list, including senior officials, family members, or partners. Accepting donations from these individuals would become a crime.

The problem is that there would be no list of individuals barred from donating. Charities would have to do thorough background checks on everyone who offers them a cheque, and could face criminal penalties if they fail to do so. The due diligence required would be excessively complex and would require investigative capacity well beyond that available to most charities. Furthermore, the government would probably not be able to enforce the prohibitions in the bill because they are too vague and general. For example, people associated with the countries on the list would not be on the list.

Moreover, the bill is incompatible with government policies on radicalization that leads to violence. The fact is that existing laws and initiatives already fulfill the stated purpose of this bill. I would like to point out that the government is already taking concrete, effective measures to fight terrorism and radicalization leading to violence in Canada. Canada has a robust set of tools to protect Canadians and registered charities from the risk of terrorism and its deplorable acts. One of those tools is the terrorist listing regime in the Criminal Code.

As soon as an entity is added to that list, banks and financial institutions can freeze its assets. In fact, being added to the list can also lead to the criminalization of all support activities to help stop potential sympathizers in Canada from providing any financial assistance to terrorist groups. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act resulted in the creation of the Financial Transactions and Reports Analysis Centre of Canada, or FINTRAC, which oversees the financial system and gathers information to support investigations into terrorist financing.

FINTRAC is also supposed to hand over to the Canada Revenue Agency any financial information it has regarding charitable organizations suspected of being linked to terrorist financing. In addition, the State Immunity Act includes a list of foreign countries that support terrorism. The act makes is possible for victims of terrorism to seek justice from the countries on the list.

Bill C-371 states that anti-terrorism efforts should include charities. Once again, we already have effective mechanisms to do so. The Canada Revenue Agency already monitors registered charities to ensure that they remain focused on their stated charitable goals. Under the current rules, any charity using its resources to support terrorist activities, radicalization to violence, or incitement to hatred would be denied registered charity status or could have this status revoked.

The government also has measures in place to denounce and combat religious persecution, torture, and other human rights violations.

For example, some provisions of the new Justice for Victims of Corrupt Foreign Officials Act make it possible to freeze the assets of those responsible for serious human rights violations.

There are apparently several measures already in place that can achieve the objectives of Bill C-371 without making legitimate charitable organizations liable to penalties. Consequently, despite the bill's good intentions, I cannot support it because of the overlaps and shortcomings in the bill.

Of course we all want to fight terrorism and extremism. That is why, for example, the government established the Canada Centre for Community Engagement and Prevention of Violence to fight the radicalization of young Canadians. In budget 2016, the government allocated funding of $35 million over five years for the work of the Canadian centre. The centre provides national leadership to support local efforts. It makes all the difference.

Communities across the country receive assistance through effective, innovative programs to combat radicalization leading to violence. This assistance often brings together law enforcement authorities, communities, and service providers. Furthermore, our security and intelligence agencies also have access to a series of prevention measures to help them monitor and intercept threats, maintain a no-fly list, refuse or revoke a passport, maintain public order, and lay criminal charges if there is sufficient evidence.

The government also introduced Bill C-59, which will increase accountability and effectiveness in Canada's national security framework. This bill was introduced in response to Canada's largest-ever national security consultation.

I know that all hon. members are united in the resolve to combat extremism, prevent terrorist violence, and bring perpetrators of such acts to justice. Unfortunately, Bill C-371 will not be an effective tool to help us achieve this common goal. I am sorry that I cannot support it, but I look forward to working with the member for Parry Sound—Muskoka and all hon. members to ensure that Canadians are as safe as possible and can live free from all forms of extremism and violence.