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.

National Security Act, 2017

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, it is my turn to speak to Bill C-59, which deals with matters of national security. As we have heard in the speeches from the start, this is a rather imposing bill of 140 pages and nine chapters. It was introduced in June, and we recently learned from the Minister of Public Safety and Emergency Preparedness that the government was going to do something somewhat unusual, namely to refer the bill to committee before second reading stage.

We have been treated to a host of reasons as to why. We are told that this would allow hon. members more flexibility to amend the bill. Before we get into the essence of the bill, let us just talk about the Liberal government's approach to amending legislation that has an impact on people's daily lives. I know that my colleagues across the way will be very interested to hear this. Since this bill has to do with national security, we can expect that everyone here agrees that it has an impact on the daily lives of all Canadians and that it is very important for them.

Let me make one thing perfectly clear: I would never suggest anyone in the House wants to do anything less than keep Canadians absolutely safe. We are all here to represent our constituents and our country, and we all certainly want what is best for our country. However, the government seems to be having some problems with the process and with governance. We have seen evidence of that in several cases, such as the electoral reform file, on which the government held coast-to-coast-to-coast consultations.

[An hon. member]

To coast.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Yes, Mr. Speaker, there are coasts everywhere. The government held endless consultations and created a website where people could find out what kind of voters, what kind of citizens they are. That website became something of a laughingstock across the country. Obviously the government proceeded without a real plan on that file.

In short, with regard to electoral reform, the government stood firm until, one day, the Prime Minister decided that everyone's opinions had been heard and that he was going to forget about electoral reform because the findings showed that it would not benefit the Liberals. That was all it took for the Liberals to decide not to move forward with electoral reform.

Let us now look at tax reform. In the middle of the summer, this government announced major changes in a notice that was sent to all Canadian taxpayers. In it, the Liberals announced changes to the tax rules. They figured that, if everything went well, those changes would be implemented in the fall without anyone even realizing it. However, Canadians saw what the Liberals were doing. Farmers and small business owners saw that the proposed changes were major ones that could have a significant impact on their finances and the survival of their companies, and so, of course, they protested. Given the public outcry, the government finally decided to back down. It decided to make small changes and to do away with the most damaging aspects of the reform.

If entrepreneurs, farmers, and producers had not spoken out, the bill would not have changed. The worst part was that the government was proud to announce that it would not hurt them, while the Liberals were the only ones who said it would hurt them. This just shows once again that they are improvising. This government is incapable of introducing legislation that is sound from the start, incapable of consulting Canadians properly, and incapable of listening to the members of the House to come up with a good bill or good regulations.

That is to say nothing of all the government's attempts over the past two years to change how the House operates. Everyone has heard about the Leader of the Government's famous discussion paper that proposed a new way of doing things here in the House.

Again, the government comes out with a paper. We all remember the infamous document from the Leader of the Government in the House of Commons who proposed a new way of doing things here in the House. That paper led to a discussion, but under a specific time frame and very specific rules. If we did not fall in line, the discussion would end. That is what the Leader of the Government in the House of Commons discussion paper plan looked like. Again, there was an outcry.

Everyone realized that the paper was worthless. The government had to back down again. Finally, minor changes were made to what the Leader of the Government in the House of Commons had proposed and as a result, this huge omnibus bill might be split into several parts depending on the Speaker's ruling. This illustrates once again that this government is incapable of taking a file, introducing it, and having it passed in accordance with the proper rules, which is the government's role.

As I said earlier, Bill C-59 is an omnibus bill. It is 140 pages long and has nine parts. It is a very large bill. Now, we get another surprise: the Minister of Public Safety and Emergency Preparedness tells us that this bill will not be read at second reading because the Liberals are not too sure about what they are introducing. They are not sure that what they introduced is good. They want to send it to committee right away. This way, people can find the errors before we adopt the principle of a bill that someone might disagree with or that everyone might like. Since the government is not sure, it wants to do things differently and seek input one more time.

Perhaps there may not yet have been consultations on Bill C-59, but the government did hold consultations on the national security framework. This consultation touched on many elements in Bill C-59. It heard from 138 witnesses and 39 submissions were made. It was another coast-to-coast-to coast consultation. Today, the government is telling us that it has not consulted enough, that it is introducing a less-than-perfect bill, and that it wants to refer it to a committee before passing the bill in principle in the House. Where is the logic in that?

The Liberals were elected to form government. Unfortunately, after two years, the Liberals are incapable of acting as a government. They are incapable of governing. They are unable to govern when it counts, and when Canadians, farmers, small businesses, and even the functioning of the House are affected, and they are unable to serve as a government and to make the right decisions for all Canadians.

I am puzzled about how the government is proceeding on Bill C-59. What is the government's problem? By overdoing consultations and wanting to please everyone, the government is pleasing no one and cannot put together a viable bill.

Before I conclude, I want to come back to Bill C-59. This is a major bill. The previous government passed Bill C-51 to address the threat of terrorism. I have in my hands a list of every terrorist attack that has occurred worldwide since 2010. The information comes from Wikipedia, an occasionally reliable source. I compiled a list of the attacks. In 2017 alone, there have been 105 terrorist attacks worldwide. I calculated that in 2017 alone, terrorist attacks have claimed 2,236 lives. Attacks in 2017 account for just three pages of this massive compilation of terrorist attacks worldwide.

I do not want to list off all of these attacks. It makes for rather sombre reading, but what it clearly shows is that year after year, the number of attacks is not going down. It is going up. It is absolutely essential that the government take all necessary steps to protect Canadians from this wave of terrorist attacks, which affects not only Canada, but every country in the world. Unfortunately, this wave shows no signs of subsiding.

We are going to study Bill C-59. We are going to see how the Speaker rules on whether the bill should be divided into several versions for voting. We reserve comment on whether we will support the bill or not.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my colleague for his speech and for his thoughts on this issue. As my colleague rightly pointed out, it is unbelievable that the Liberal government is making things up as it goes along. It had two years to fix what I will call the infamous Bill C-51.

My colleague will agree that the government seems to be making things up as it goes along. Normally, we would debate the principles of the bill at second reading. However, the current Liberal government says that the bill is so bad that we will not even debate it at second reading. The government wants to send it directly to committee to make amendments, since the government did not do a good job. Then, the bill will return to the House of Commons.

Does my colleague agree that if the bill is so flawed, the government should withdraw it, throw it away, and work with the opposition to draft something reasonable?

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I agree in part with what my colleague said, especially regarding Bill C-51. I would remind members that the Liberals were the second opposition party at the time. They supported Bill C-51. Today, they are trying to come up with a new version of Bill C-51, because they made promises in order to try to win votes. However, they are coming to the realization that Bill C-51 was not that bad after all. That is what is happening. That is why they are referring Bill C-59 to committee and trying all sorts of tricks to perhaps revert to Bill C-51, which was quite a good bill that guaranteed one thing that we all agree on: the security of Canadians against this wave of terrorists attacks around the world.

The Liberals supported Bill C-51 at the time. Today, they realize that they cannot do better. They are trying all kinds of tricks to revert to Bill C-51 without making it seem that way.

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, when the Conservative government brought in Bill C-51, it was designed to assist law enforcement and security agencies to prevent attacks on Canada's soil.

Does the hon. member feel that Bill C-59 would distract from that?

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I thank my colleague for the question. There are two parts in Bill C-59 that are rather problematic. I am talking about Part 4 and Part 7 that can effectively cause serious problems. It seems that the Liberal government is making it more difficult for law enforcement to prevent attacks on Canadian soil.

When there is knowledge of a possible attack, terrorist organizations are not going to do everything they can to get arrested. They are doing to do everything they can to stay under the radar, to make it difficult to be detected. At first blush, unfortunately it seems that Bill C-59 as currently worded will make things easier for terrorist organizations and make it more difficult for law enforcement to prevent this type of attack.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, thinking back to the 2015 general federal election, there were certainly few issues as contentious as Bill C-51, the so-called Anti-Terrorism Act. In my riding of Kootenay—Columbia, citizens came out en mass to protest in many communities, including Invermere, Revelstoke, Nelson, and in my home town of Cranbrook. I attended some of those rallies and found that the opposition cut across partisan and generational lines.

As I said at the time, the more people knew about Bill C-51, the more they disliked it. Letting Canadians know the details of the bill was not part of the former government's playbook. I remember my predecessor inviting the Attorney General to the riding. He was one of the co-authors of the bill, but rather than invite members of the public to ask questions or provide input, they held some private meetings and then left. Not even the local media were allowed to speak to the Attorney General at the time.

This is the kind of anti-democratic behaviour that helped Canadians decide to retire the Conservative government and elect a new one. Why did Canadians and the people in my riding of Kootenay—Columbia hate and fear the Anti-Terrorism Act so much? It was because it potentially criminalized activities like peaceful protests and picket lines, by giving police broad powers to breach Canadians' privacy. Many of my constituents believed it was clearly aimed not at terrorists, but at stopping democratic resistance to the Conservatives' priority projects such as pipelines. It helped to end 21 years of Conservative MPs in my riding in the corner of British Columbia.

The Liberal Party, which fully supported Bill C-51 when it was being debated and voted on, promised during the election to do better. The Liberals said they would repeal the worst parts of the bill. Here we are two years after the election and the government is just now getting around to addressing that terrible piece of legislation. Its response is insufficient.

The new legislation, Bill C-59, still allows the widespread sharing of Canadians' personal information on a national security list. It maintains a very broad definition of activities that the government claims will undermine the security of Canada, an issue that the Privacy Commissioner has flagged, and it does not ensure real-time oversight of the bulk collection of Canadians' private data.

What is worse is that the government is dealing with this legislation in an entirely undemocratic fashion, forcing the bill to committee, without second reading debate.

Despite their support for Bill C-51, the Liberals were elected on a promise to fix this terrible legislation. So far, they have fallen far short of doing so.

This goes on the lengthening list of broken promises. Let us look at the bill in detail.

In November 2016, the Federal Court issued a ruling on CSIS bulk data collection. CSIS illegally kept potentially revealing electronic data about people over a 10-year period. In a hard-hitting ruling, Justice Simon Noel said that the Canadian Security Intelligence Service breached its duty to inform the court of its data collection program, since the information was gathered using judicial warrants. CSIS should not have retained the information since it was not directly related to threats to the security of Canada.

Bill C-59 responds to the Federal Court ruling in the most concerning way for our privacy, enshrining bulk collection by CSIS of metadata containing private information of Canadians not relevant to investigations. That is right: rather than ordering CSIS to obey the law and stop storing Canadians' data illegally, the bill makes it legal for it to do so. The new bill does relatively little to roll back the extensive information-sharing powers Bill C-51 gave security agencies. The fact remains there is still too broad a definition as to what constitutes national security. The newly renamed security of Canada information disclosure act still permits departments to disclose far too much information in their pursuit of questionable security objectives.

Bill C-51 gave CSIS broad powers to reduce threats through conduct that threatens freedom of expression, public safety, and freedom of association, and it was ripe for abuse. The new legislation still provides CSIS with those powers, but limits them from including torture, detention, and serious destruction of property that would endanger a life.

It is good that the government would no longer have the right to torture its citizens, but the power CSIS maintains would be more appropriate to a totalitarian police state than to Canada. Bill C-59, like Bill C-51 before it, would make Canada a comfortable place for Big Brother.

The government will tell us that none of this is likely and that no powers would ever be abused, yet we already have examples where over-zealousness in the name of anti-terrorism has harmed Canadians. We have seen just this month taxpayers having to pay out settlements worth tens of millions of dollars to Canadians who were tortured overseas due to the complicit actions of the Canadian security services. We see hundreds of young children whose names are on the no-fly list, unable to accompany their families from one city to another because they have been banned, and the government has been unable to find a mechanism to review and correct the list. Apparently, the government is considering a new computer system to manage the no-fly list. Let us hope it works better than the Phoenix payroll system has.

Bill C-59 will not undo the damage that Bill C-51 created. It is a Band-Aid for a gaping wound. With my NDP colleagues, I will be opposing the motion to ram Bill C-59 through the democratic process, and I will join the chorus of Canadians calling for Bill C-51 to be repealed, not just tinkered with. Let me close with a quotation from Daniel Therrien, the Privacy Commissioner of Canada, when he spoke before the access to information, privacy and ethics committee a year ago, November 22, 2016. He said:

Do we want a country where the security service has a lot of information about most citizens with a view to detecting national security threats? Is that the country we want to live in?

We have seen real cases in which CSIS had in its bank of information the information about many people who did not represent a threat. Is that the country we want?

The answer from Canadians clearly is no. That is most certainly not a country we want, and we cannot and will not support Bill C-59.

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Mr. Speaker, my colleague from Kootenay—Columbia made some very specific points in reference to his riding. He spoke about the last election in 2015 and the demonstrations in his riding. I remember the demonstrations in my riding as well. In fact, there was one in particular that was right out in front of James Moore's previous riding in Port Moody. It was a very concerning issue and many people spoke out. Now we are here and at this point we are talking about an amended bill. I think the bill would allow continued widespread sharing of personal information of Canadians that is not strictly relevant to national security lists. I wonder if the member shares that view and feels that the people in his riding believe the bill would go far enough, or if it is what they were looking for in 2015.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, going back to 2015, it really was one of the most contentious issues that came forward during the election. People in my riding were concerned about too much unnecessary information being collected, and that the information and the act would be used to stop legal demonstrations. There was a great deal of concern about Bill C-51, which led to protests in a number of communities, not only in my riding but across Canada.

Constituents would like to see Bill C-51 completely withdrawn, not necessarily amended through Bill C-59 but repealed and, certainly, if not repealed entirely, then at least specific sections repealed that Canadians found to be most repugnant.

The House resumed consideration of the motion.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, I listened intently to my NDP colleague and his comments regarding Bill C-59. During question period today, we heard the government, under pressure, admit that over 60 former ISIS terrorists were in Canada and that they had returned from the conflict. Considering Bill C-59, is the member in favour of the approach of the government or what is that approach?

It has been acknowledged that there is a degree of risk that is presented by former ISIS terrorists now coming back into Canada. Sunny ways treatment, which is the Liberal way, will not solve the problem. What does his party think is the appropriate level of assessment and risk of abatement to deal with these high-risk individuals who return from ISIS?

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, the important point with respect to the debate is whether Bill C-59 will actually contribute anything to the ISIS question and the number of people coming back into Canada. I really do not think it will. Bill C-51 and now Bill C-59 potentially create concerns for everyday Canadians about the security of information around them and how it gets used.

The government needs to figure out what to do with returning ISIS individuals and deal with them appropriately to ensure our safety. However, I do not think that is relevant to this bill. Bill C-59 would do nothing to help that situation one way or the other.

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I want to thank my hon. colleague for sharing some very practical points about why we are opposing Bill C-59 as it is proposed today.

One of the things I want to talk about is this issue, which was also discussed by our colleague, about civic engagement, people who are active in their communities giving messages to government, to people like us who are in office. This overly broad definition of activity that undermines the security of Canada was flagged by the Privacy Commissioner. It makes good sense to me that we repeal this entirely and start from scratch, taking the important points that have merit and fleshing out legislation on that.

Could the member talk a little more about our concerns with the Privacy Commissioner and in exercising civil liberties?

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, as I said in my speech, it was one of the very serious concerns for my constituents, and Canadians in general, related to Bill C-51, that they felt the bill would be used to stop legal protests against government projects like pipelines.

We need to make sure that any legislation moving forward enshrines the right of Canadians for public protest without fear of being considered a terrorist.