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)

Opposition Motion—ISIS Fighters Returning to CanadaBusiness of SupplyGovernment Orders

December 4th, 2017 / 1:45 p.m.


See context

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, Canadians are not deceived by the platitudes of any government or the rhetoric of any government, to be honest. It is important to recognize that when it comes to public safety and national security, when there is a threat to our country and our citizens, it would behoove all of us in this place to put partisanship behind us, not point fingers, and all work together.

I have said repeatedly in the national security committee that we are committed to working on Bill C-59 and getting it right. There is a reason the government has sent the bill to committee before second reading, and that is because there are some things we have to get right that are not quite right yet. The Liberals acknowledge that, which is great. I am encouraged we can work together to improve the gaps in our national security and the things that would give confidence to the public on protecting them and our future as a country.

Opposition Motion—ISIS Fighters Returning to CanadaBusiness of SupplyGovernment Orders

December 4th, 2017 / 1:05 p.m.


See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, as I mentioned in my questions to the parliamentary secretary, it goes without saying that we condemn the terrorist and violent acts committed by ISIS as well as by neo-Nazi groups, for example; we are disgusted by them.

Not only should all forms of terrorism be condemned, but we also find that our measures provide sufficient evidence to lay criminal charges. The parties all agree on that.

Mr. Speaker, with all due respect to the fantastic interpreters here in the House, it is worth repeating in both official languages that we find any violence committed by any terrorist group, whether it is ISIS or neo-Nazis, to be abhorrent and something we denounce. Insofar as we have the evidence required to go ahead with criminal proceedings and press charges, it should absolutely be done. That is not something up for debate, no matter which party is in power. On that, I certainly agree with the parliamentary secretary.

The sad part about trying to politicize a situation that is obviously very worrisome for all Canadians, as it pertains to their safety and security, is that when it comes to radicalization we have to ask ourselves what is the best way to address it. I heard the Conservatives say that this is not about people who are in the process of being radicalized, but about those who already were and have now returned.

With that in mind, it is very important to remember that the problem does not lie with our legislation or political will; in fact, we are talking about the justice system and not a political decision. It is about adapting to the standards of proof.

The way evidence is admitted in court is extremely important when we look at this particular issue of foreign fighters returning to Canada, in particular in what way intelligence gathered can be admissible as evidence in court. Even experts have had a hard time grappling with how we can lay charges with that evidence. That is something we acknowledge the government needs to look at and work on. It is certainly something that could help law enforcement press charges when they may be required.

When we are looking at pressing charges, it is not just what evidence is admissible. It is also the question of even laying terrorism charges, which is something we did not see in the previous Parliament under the previous government and that we have now seen twice under the current government. It is complicated, because as experts have said, often terrorism charges do not relate to the violence in and of itself, which usually falls under another part of the Criminal Code. Terrorism charges usually relate to the planning of said violence, which makes it very difficult, especially when we fall into the trap, as with this motion, of targeting specific groups.

I will explain why. Members will recall the horrible massacre in Moncton. By all accounts, this man committed a terrorist act. In fact, he confirmed that he wanted to attack the RCMP because it supported a government he thought was corrupt. I do not think this can be described as anything other than a terrorist act, and yet no one calls it that.

The attack at the Métropolis against a newly elected Quebec premier could also be considered a terrorist act.

However, in both of these cases, no terrorism-related criminal charges were laid. Criminal charges were obviously laid, but these charges fell under other parts of the Criminal Code.

This is a very important point, because it shows how difficult it is to judge motives and to define terrorism. This is unfortunately extremely complicated, and we need to work on that.

I also think it is important to trust the men and women who work for our national security agencies and police forces—in the case, the RCMP. It goes without saying that if they collect enough evidence, we can, and should, be confident that they will file criminal charges. The problem is how to obtain this evidence and whether the evidence is admissible. There is no point laying criminal charges if the person ends up being released because of a lack of evidence. This may be annoying, but this is the reality of our legal system, and we must respect that. This is exactly what terrorists want to attack. If we cannot respect this pillar of our democracy, we are doomed. This is very important here.

The other point is the question of resources, which is extremely important and which we raised over the course of the debate on what was Bill C-51 in the previous Parliament.

We can change the law. We can make the strictest laws possible. We can say we are going to throw everyone in jail and throw away the key, but if the men and women in uniform do not have the human and financial resources to do the work, the law is useless. That is a key issue here.

The commissioner of the RCMP has said that the focus on radical Islam has taken away from other investigations at a time when we are seeing a rise in hate crimes, a rise in anti-Semitism, which are also forms of radical violence and are, in some cases, forms of radical terrorism.

It is important to keep in mind that it is not always a legal issue. It is sometimes the political will to provide the appropriate resources to the national security agencies and police bodies, something that, unfortunately, certainly was not done in the last Parliament, and there is more work to be done in the current Parliament. That is important to keep in mind if we actually want the RCMP, among others, to have the resources to do the work they need to do to keep Canadians safe.

Getting back to the subject of radicalization, which is at the heart of today's motion, I asked the sponsor why the Conservatives have been so intent on disparaging anti-radicalization efforts. I was told that this is not about being for or against radicalization, but right after his speech, his colleague spent at least five minutes sneering at anti-radicalization efforts. That makes absolutely no sense.

During the last Parliament, nothing of substance was done to fight radicalization. Although I frequently disagree with the public safety minister's stance on issues, I am pleased to see that something is finally being done at the community level to fight radicalization through a centre set up to fund local projects. The Conservatives scoffed at those projects in their motion, as did their critics in their speeches on the subject. That is a shame.

If we really want to keep our communities safe, we have to fight radicalization and make sure people do not leave in the first place. Extremist groups such as Islamic State and far-right groups such as neo-Nazis often exploit young people with mental health problems. We need to help those young people not because they should be treated as victims but to ensure public safety, which requires a concerted, community-wide approach.

I asked the parliamentary secretary a question about what is being done in prisons.

I overheard a comments from a Conservative that we are saying to not put them in jail, because they are going to be radicalized there. That is not what we are saying. We are saying that we cannot do one without the other. The experts all say that one of the worst places for being radicalized is in prison. If there are criminal charges brought and people are found guilty, certainly no one is debating whether they should be in prison. The issue is that when they are in prison, we need to make sure that the programs are there to get to the root of that radicalization that is taking hold and leading them to be a threat to national security and public safety. That is what is at stake here. If we just want to incarcerate and forget about it, to see no evil and hear no evil, those people, if they ever get out, will have slipped through the cracks and will not only be people society has not come in aid of but will be people who will pose a threat to public safety. If the objective here is to protect public safety, then let us make sure we are cutting the evil that is radicalization off at the root, and that means providing the proper programs.

As I said, I recognize the efforts the government has made to begin working with and funding best practices in some of those efforts, but more needs to be done. Again, prisons are one example. I appreciate the openness the parliamentary secretary has shown to recognizing that this is an issue and to working on it, but more needs to be done.

Let us move on to the matter of counter-radicalization, which is something else that is of great concern to me. What are we talking about? Some people go abroad and are labelled as “fighters”. In some cases, they do not commit any acts of violence, which is why it is so important to have evidence. In fact, sometimes these people are victims. Some of them are taken over there by their families. They are vulnerable people who quickly realize after arriving that they have made a mistake, and who then come back to Canada without committing any acts of violence.

Will some of these individuals be criminally prosecuted? Of course, but evidence is needed. Rather than heckling and shouting “yes”, we must understand the nuances of the situation. We have to understand that our system is a system of law. I am not talking about rights and freedoms. I am talking about a system of law, the rule of law. It is important to understand that simply making a list of people and sending them all to prison is not an effective approach to public safety. We have to have evidence, and we have to understand the challenges associated with that evidence, challenges that experts have told us about.

The Conservative member is heckling me by shouting “yes, we have to do it”. If we move forward with these criminal charges, we need to make sure that they will result in prison sentences. Rather than blaming the government and engaging in a senseless dialogue by claiming that some people in the House are seeking to jeopardize the safety of Canadians, we need to understand that there is work to do to ensure that the national security agencies and police forces that have the evidence they need to successfully prosecute will do so. Everyone would be pleased if that happened, because it would help keep Canadians safe.

Let us engage in a positive dialogue. That is the approach that we are advocating today. It is no secret that I disagree with the approach of the Minister of Public Safety and Emergency Preparedness, but one thing is certain and leaves no room for debate: we want keep to Canadians safe and ensure public safety.

In that context, when we are looking at such an important issue as this one, to engage in dog-whistle politics and use expressions like “welcomed with open arms” and to throw things out about reading poetry, to denigrate counter-radicalization efforts, does a disservice to the men and women doing the serious work of making sure Canadians are safe, does a disservice to this House where we all believe in the importance of ensuring Canadians' safety, and does a disservice to the real efforts and debate that need to happen over the proper way of dealing with the situation.

As part of the Standing Committee on Public Safety and National Security's review of Canada's national security framework, we travelled for one week, stopping in five cities in five days. We stopped in Montreal, where we had the opportunity to visit the Centre for the Prevention of Radicalization Leading to Violence. This centre is one of a kind in North America. It is so unique that it receives calls from families in New York who are worried about the possible radicalization of a friend, a family member, or even a child in some cases.

We sat down with the team at the centre and had a nuanced discussion. It was clear that these people fully understood that in many cases, the RCMP and our national security agencies have a role to play and a job to do if they are to catch those who pose a threat to public safety and security.

The collaboration between our police forces and national security agencies has been outstanding. They have also made an effort to reach out to the community and to concerned families and individuals. This work did not focus on any community more than another. An attack like the one committed at the Islamic cultural centre in Quebec City is just as troubling as an attack like the one that took place in Edmonton. Both are equally troubling, and the centre acknowledges that.

The people who fight against radicalization fully understand what we are saying today in the House. Yes, we need to consider prosecution. Yes, we need to make sure that anyone we can press charges against is actually prosecuted. However, we must also recognize that simply acknowledging one facet of an extremely complicated and important issue does not diminish the need to hold this debate and offer concrete solutions. Not only would concrete solutions help us ensure public safety, but they would also keep youth from falling through the cracks and possibly save them from the scourge of radicalization.

In closing I want to say, as I have said several times in my speech, that the minister and I certainly have our differences, and it is no secret in this place, but there is one thing to which we will always commit, and that is working together to ensure the safety of Canadians, no matter what the partisan issue is.

To do that, there is a lot that needs to be done. I have mentioned some of it: getting terrorism charges right, getting the peace bond process right, getting the evidentiary process right with regard to intelligence gathering. These are all challenges that we have in getting the counter-radicalization efforts right.

The government has taken some good steps. We think we can do more, including doing it in federal prisons, and making sure that, in some instances where there are best practices, there is more robust federal leadership despite the importance of supporting those grassroots efforts.

Those are all things on which we are ready to work with the government. It is part of the reason why it is so disappointing to hear the kind of hyperbole we hear today. When it comes to ensuring public safety, there are important measures that need to be taken. It is not about stoking and fanning the flames of fear, but rather about standing in this place and having the courage to take on these important challenges that we face, and that all experts agree are challenging but are at the core of the mandate we have as parliamentarians.

I am very happy to say that the NDP is committed to working with the government on all the points that I mentioned.

No proposal, whether Bill C-51, introduced during the last Parliament, or Bill C-59, should ever implement more draconian public safety legislation at the expense of rights and freedoms. However, that does not preclude concrete efforts from being made, for instance, providing more resources to the RCMP and other national security agencies and strengthening our counter-radicalization efforts. We have to do what we can to truly put an end to this scourge instead of simply focusing on one aspect of the issue and moving on.

There is still a lot of work to be done. Let us set aside this kind of rhetoric and ensure that we are doing our job properly because that is what Canadians expect from us.

Opposition Motion—ISIS Fighters Returning to CanadaBusiness of SupplyGovernment Orders

December 4th, 2017 / 12:35 p.m.


See context

Ajax Ontario

Liberal

Mark Holland LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, as I said in my question, there is not a person in the House who does not unequivocally condemn terrorism. There is not one person in this place who would not, at the first opportunity if evidence presented itself, pursue to the fullest extent of the law somebody who committed an act of terror. To make the outrageous assertion that a member of any party in the House of Commons feels otherwise is unbecoming of this place and it is disgraceful that anyone would stand and make such a statement. We all unequivocally condemn the horrific acts of Daesh. Although we may disagree about the policies and the mechanisms that we use to go after terrorists, each and every one of us wants to hunt down and find those that would do others harm.

The member opposite made a few points that are concerning and I have unfortunately heard others in his party making the same points. He said he was not disparaging anti-radicalization efforts and yet in his speech he talked about poetry readings and how people are soft on individuals who would do us harm. The poetry reading he is talking about is in fact being conducted by a university aimed at young people who committed no crime, young people who might be starting down a dark path. God forbid we should use the arts to try to reach somebody who might be heading down a bad path. Is that the assertion Conservative members are making?

The entire focus of Conservative members on attacking our efforts on anti-radicalization shows the fundamental problem with the 10 years that they occupied office and their complete unwillingness to look at the need and imperative nature of prevention in all of its forms, whether or not it is health, crime, or terrorism. Terrorist acts have already been committed and I have already said we must pursue the individuals who committed those acts with every ounce of our force.

There are all sorts of terrorism that have not happened yet, people who have not yet been victimized, people who have not yet been attacked. Is it not our job every day in every single possible way to use every tool at our disposal to ensure that those who would seek to do us harm are pulled from that pack? Is it not our job to stop acts from happening before they are ever committed?

For some reason members of the opposition cannot get their heads around the idea that there are two separate but equally important priorities. The first is going after those who have committed wrongs and have already broken the law and who, with our international partners, we must pursue. The second are those who have not yet done harm, who are misled, who are beginning to head down a dark path, but who could be pulled away from that direction. There is nothing at odds about pursuing those two objectives at the same time.

The other problem that I have with the rhetoric that we are hearing from members on the other side is that it does not match their record. The Conservatives are now talking about the importance of protecting our communities, and I agree with them, but over the 10 years that they were in power they cut $1 billion from the very agencies designed to protect us. Let us go over those: $430 million cut from the RCMP; $390 million cut from the CBSA; $69 million cut from CSIS; $42 million cut from the Canadian security agency; and, $171 million cut from CATSA. Not only did they not keep up with inflation during that period for this ultimate priority that we all share, they slashed funding during that period of time.

The Conservatives talk about how Liberals will not pursue those who have come back to Canada. Two matters are actively being pursued to convict individuals where we have evidence and a decade under the Conservatives that number is zero, not a single one. It is a little rich for them to stand up and say there has been a sea change and suddenly now we are not doing anything.

It is the cloak that is put around it, as if they and they alone walk the streets concerned with protecting Canadians from terror. It is unbecoming of this place, and I wish that we could spend more time in this place having the kinds of intelligent debates that, frankly, we saw with all members including Conservative members around the security and intelligence framework, the kinds of conversations we are having around Bill C-59 right now to create the best and most leading-edge policy framework and oversight mechanisms and resources for our police. That is the debate that is worthy of this place, not this motion that we are going to spend a day talking about. It is unfortunate to try to angle for whatever particular partisan gain. Of course, in this place every day we try to advance what our party does well and they do poorly, but when it is framed this way it is so cynical.

With that, I want to point out one last thing as just a rebuke to what we heard earlier around the notion of extremism and to point out that not only do we hear the Conservatives belittling it in their text, but that in the 10 years they were there, the work to stop people walking the path of violent extremism simply was not done. According to Dr. Lorne Dawson of the Canadian Network for Research on Terrorism, Security and Society, “all the G20 nations...are convinced of the need to move into prevention program...” but “the previous conservative government had little or no interest in following up on this”. According to former CSIS analyst, Phil Gurski, the“previous government had an abysmal record when it came to countering violent extremism and early detection. The Conservative government didn't care.”

I do not know that the Conservatives did not care, I would not make that characterization, but I think their priorities were in the wrong place. I think that while they went after, rightfully, those who had committed acts, they did not do a fraction enough to go after those who were beginning to walk that dark path, and their lack of regard for it in their debate and their discussion on the motion is heavy evidence of it.

We recognize and condemn the depravity of groups like Daesh. That is why Canada has renewed our military commitment to the Global Coalition against Daesh until March 2019. In addition to training, advising, and assisting Iraqi security forces, we have expanded our intelligence capabilities, we are conducting aerial surveillance and recognizance to air-to-air refuelling, we are leading the coalition medical facility, and as the situation continues to evolve we will re-evaluate how the women and men of the Canadian Armed Forces could be most effective and ensure that we equip them with the resources they need to get the job done.

On the home front, when people have given support to Daesh and other terrorist groups and they return to Canada, whether they were active in combat, fundraising, propaganda, or in some other way, they are confronted with the full weight of Canadian intelligence and law enforcement agencies controlling and managing their return. Canadians can be assured that our world-class security and intelligence law enforcement agencies actively track and assess all potential threats. To this end, they work 365 days a year with domestic and international partners, including Five Eyes, the G7, the European Union, Interpol, and many others. These are professional, non-partisan agencies whose skills and expertise are sought all over the world. They work for us. They worked for a Conservative government. They would work for an NDP government. They would work constantly, vigilantly, ceaselessly for any government of any stripe. It is what they did, it is what they do.

They monitor returning extremists closely and gather and share intelligence in accordance with the law. They conduct investigations, collect criminal evidence, and lay criminal charges wherever possible. They use Criminal Code tools like peace bonds and terrorist listings as well as no-fly lists, passport revocations, and other authorized threat disruption measures wherever appropriate. Whichever tool they use, their work is apolitical, based on expert assessments and threats to public safety and national security.

At a recent gathering in Italy, G7 interior ministers, including our Minister of Public Safety and Emergency Preparedness, committed to working together to address this very issue. This will involve multi-agency co-operation, risk assessment, and possible interventions, as our allies continue to deal with this shared threat.

To give a sense of the situation on a global scale, I would direct hon. members to the most recent public report on the terrorist threat to Canada. It shows, for example, that over 6,600 extreme travellers from western countries went to Syria since the start of that conflict in 2011. The number of Canadians involved is relatively small, about 250, with a nexus to Canada have gone abroad to participate in terrorist activity of some kind. Some went to Syria and Iraq, and many others went to countries in conflict zones. Around 60 of them have returned to Canada. These were the numbers at the end of 2015.

CSIS confirmed in its annual public report released this past February that the numbers stayed largely stable, and that remains the case.

We should neither underestimate nor overestimate that threat. We should not understate it, because there are people who have felt, and may continue to feel, so strong an affinity for the vile ideology and conduct of groups like Daesh that they travelled halfway around the world to get involved. Some of them may have been active participants in brutal violence. Certainly, as the motion before us states, people who team up with terrorists are complicit in atrocities, must be found, must be convicted, and must be put in jail.

When these individuals return to Canada, they merit and receive the full attention of our security intelligence law enforcement agencies. At the same time, that is exactly why we should not overstate the threat. Our expert, highly-skilled, highly-trained security services are on the job. They lay charges when there is evidence to support charges. Even when there is not enough evidence for criminal prosecution, they keep a close tab on these individuals to ensure Canadians are kept safe. They evaluate the extent to which each returnee remains bent on radical violence and they take appropriate measures to keep us safe.

As for the 100 to 190 Canadians who remain abroad, experts do not necessarily expect a great influx back to Canada. For one thing, many of them may be dead. Of those who are still alive, it may not be easy to leave whatever country they are in, and some of them may not want to. For those who do come back and face the same full force of our security and intelligence, it will be exactly the same treatment as those who arrived here already.

That is how we deal with people who have been radicalized. It is, of course, far preferable to prevent radicalization from happening in the first place, which is why I spent so much of my initial conversation in my speech talking to this point.

That is why we have established the Canada Centre for Community Engagement and Prevention of Violence. Setting up this new centre was a commitment we made during the last election. We set aside funding for it in our very first budget, and it has been up and running since June. Canada has certain local initiatives, such as the Centre de prévention de la radicalisation menant à la violence, Montréal and the ReDirect program run by the Calgary Police Service. These programs and others like them engage in direct intervention with people at risk of being radicalized.

Our new federal centre is not meant to supplement. Rather, it is a coordinating body that helps local initiatives work to prevent violent extremism of all kinds. It includes Islamic extremism, white supremacy, and others.

The centre also facilitates the best practices and supports research to develop an evidence base about what approaches work best to combat radicalization in the Canadian context. This is important, and prevention is really the most effective way of reducing the threat posed by radicalization in the long run, not instead of a robust security and enforcement response, but in addition to it.

Therefore, I hope we are hearing, from the comments opposite, an approach that is misled. There is a need to ensure we approach both sides of the equation with equal vigour.

I would also like to address the motion's reference to the case of Omar Khadr.

Canadians obviously hold deeply divergent views about how he ended up on a battlefield in Afghanistan in 2002, and about what happened there. It was undoubtedly a tragic situation, particularly for the family and friends of Sergeant Christopher Speer, who was killed, and for Sergeant Layne Morris, who was injured.

There is conflicting evidence and commentary about what occurred on that day, 15 years ago. There is, however, no ambiguity about the fact that the Government of Canada violated Mr. Khadr's rights when he was in custody. The Supreme Court has been very clear on that point, on not one occasion but two.

Court proceedings have already cost upward of $7 million and prolonging them would have cost millions more, not to mention the cost of settlement itself, all to fight a case that was virtually unwinnable for reasons that were purely political. The settlement was the only sensible course of action. It saved taxpayers an enormous amount of money. It reminds us of the fundamental point that Canadian governments must apply the Constitution, follow the law, and respect the rights of citizens no matter how controversial they might be.

I am proud to be part of a government that upholds Canadian rights and I am proud to be part of a government that prioritizes the security of Canadians. We know that when there is a difficult case, when there is to be an arbiter of whether a Canadian citizen's rights were violated, it is not this place but the courts that make that determination. It is the courts that tell us whether our charter has or has not been upheld. When we violate fundamental rights, there has to be a consequence. Our charter is a document that protects each and every one of us. That is what can be so dangerous in this debate.

Each and every one of us has an incredible zeal to protect our fellow citizen. Probably all members here, if they were to list the top two or three things they wanted when the came to this place, was to make their communities safer, to make their families safer, to make their friends and neighbours safer. It is a prime motivator, I believe, for almost any person who runs in an election. However, when we get here, in our zeal to do so, we have to ensure we do it right. Yes, we go after those who perpetrate violence and create victims and ensure they are incarcerated and face justice. Similarly, we have to ensure those same actions do not transcend into violations of the rights of innocent people.

We can look at the O'Connor and Iacobucci inquiries and the recommendations that came out of them. Serious failures in our intelligence and security led to innocent people facing dire circumstances. Freedom is delicate. It must be carefully guarded. Those who would attack us or commit terrorism hope we will suspend freedom, live in terror, and lead our lives differently. However, when we get the opportunity to be in a free country, we have to hold that responsibility close. That balance of prevention, enforcement, protection, and the guaranteeing of rights is one that we must debate with the utmost caution, weight, consideration, and lack of partisanship. I hate to say it, but this motion fails on that account.

Public SafetyOral Questions

December 1st, 2017 / 11:25 a.m.


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Ajax Ontario

Liberal

Mark Holland LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, never before have Canadians been so engaged on the issue of national security. In fact, the broadest consultations in Canadian history happened on Bill C-59.

I want to thank the member opposite and the committee as well for their months of work in the study of the national security intelligence framework. The minister was able to point directly to the work of the committee and how it influenced the creation of that bill. This is an excellent example of not only profound and deep national consultation, but the committee working excellently together. Because the bill has been moved at first reading, I look forward to working with the member in a very open way to make sure we—

Public SafetyOral Questions

December 1st, 2017 / 11:25 a.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, this would have been a lot less complicated if we had adopted the member for Skeena—Bulkley Valley's motion for a real appointment process for officers.

On another topic, yesterday, the Standing Committee on Public Safety and National Security met with the Minister of Public Safety only for one hour on a 138-page omnibus bill, Bill C-59.

We cannot fast-track issues relating to our national security, rights and freedoms, and the privacy of Canadians. Spending one hour with the minister and two hours with heads of agencies is simply not enough.

Can the minister commit to come before the Standing Committee on Public Safety and National Security, and once again answer members' questions on this omnibus bill?

Pam Damoff Liberal Oakville North—Burlington, ON

Thank you for that. You're right. We do need men in positions...who are sending those messages out to young boys and younger men.

On gender-based analysis plus, all of my youth council did the course and surprised me by coming back with their certificate. I got really good feedback from them. It's extending beyond government, where hopefully those young people will take that gender lens and apply it, regardless of where they go in life.

I have a question about how it's being applied. It was interesting. Peter and I just left the public safety meeting. Where it actually came up was a gender lens applied to Bill C-59, the new national security framework, and we were told that it was applied. We're not sure if it's something that can be shared with us as a committee or whether it was confidential.

I'm wondering if you can provide the committee with some further information on how GBA+ is being used, both legislatively and non-legislatively, within the government.

Dave MacKenzie Conservative Oxford, ON

For the RCMP officers, the minister has already identified the situation I spoke of. Would changes in Bill C-59 have allowed intervention in that whole process with the RCMP and the local police agency dealing with an outside agency?

November 30th, 2017 / 10:30 a.m.


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Director, Canadian Security Intelligence Service

David Vigneault

The way it changes the approach, as I was mentioning earlier, is that, if some of these measures were to limit the freedom of the individual, then the service needs to apply for a warrant to the Federal Court. There is a list in the bill that prescribes the types of activities we can do.

This can be done fairly quickly. The court is responsive to the urgency of threats to national security, but we have not had to use that provision yet. Bill C-59 clarifies the way it would be done, and that would be a tool.

One of the things that I would like to add is, when we use these tools, we must consult with partners, and specifically, with regard to threats of terrorism, we would consult with the RCMP. The law makes it an obligation on our part.

Dave MacKenzie Conservative Oxford, ON

Would it be correct to say that Bill C-59 does not change with respect to some people being allowed to use disruptive practices with suspected terrorists?

November 30th, 2017 / 10:30 a.m.


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Director, Canadian Security Intelligence Service

David Vigneault

Specifically in terms of the non-warranted threat reduction measures, the new bill does not impose any new measures. The service has used threat reduction measures about 30 or so times.

In your specific example, if we were aware of an individual who wanted to travel abroad for the purpose of joining a terrorist organization, we would not need a warrant to intervene with a parent or with people in close proximity to this individual to inform them of what we know in order for them maybe to have an influence on that. Bill C-59 does not make any changes to that provision.

As I've said, we've used this measure about 30 or so times.

Dave MacKenzie Conservative Oxford, ON

Thank you, Chair.

Thank you to the panel for being here.

I'm pleased that we're updating the existing Bill C-51, and I think there are some updates in here. I'm sure we all agree that in three or five years from now we'll be looking for more updates.

One of the things that has always been of interest to me and I think to Canadians is that, if we can disrupt and prevent things, it's always better to do that than it is to deal with the fallout afterwards. I wonder if Bill C-59 has changed the scope of the non-warrant disruption activities that could be designed to reduce threats and if so, how and why?

Does Bill C-59 require a CSIS officer to obtain a warrant to go to speak to a suspected person's parents about their child's radicalization or terrorist intent? I recognize that, when you go to a judge to get a warrant, there's a lot of work, a lot of time involved, and sometimes time is of essence. Would this then enter into that whole process?

November 30th, 2017 / 10:25 a.m.


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Director, Canadian Security Intelligence Service

David Vigneault

I will provide some comments, if the committee is comfortable with that.

First and foremost, it's important to say that all CSIS activities must comply with the charter. The minister explained the way the previous bill—Bill C-51, which became law—was constructed. There may have been an issue with the way it was constructed.

Bill C-59 essentially confirms that the law cannot create an opportunity to deviate from the charter. What it does in terms of threat reduction is to ensure that if ever we were to contemplate a threat reduction measure that would limit the freedom of someone protected by the charter, we would have to go to the Federal Court to apply for such an authorization. The Federal Court would then determine if the limit on that freedom is reasonable and proportionate, which the charter itself allows for. That is how the proposed Bill C-59 addresses the charter issue for the threat reduction mandate.

Also, the law will specify the types of activities that are contemplated, so that will be transparent in the law. I would then be able to interpret that, as the director of CSIS, to determine.... If it limits people's freedom, I have to go to the Federal Court for a test. If it's something that does not limit people's freedom, it's an activity I can do. The committee supervises our activities. The new agency would be informed and able to review the activity to make sure we have complied with the act.

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Rigby, the importance of cybersecurity with respect to our infrastructure is your purview, and it's very important to protect against cyber-attacks. We know that the electrical grid is one source of exposure.

It's my understanding that all the provinces—and the United States for that matter—have a framework in place to protect their grids, with the exception of Ontario. Is there some federal provision or something that Parliament could do, even with Bill C-59, requiring all the provinces and territories to ensure that protection is in place, because we're all connected?

November 30th, 2017 / 10:20 a.m.


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Director and General Counsel, Criminal Law Policy Section, Department of Justice

Douglas Breithaupt

It's important to realize that the counselling offence, as proposed in Bill C-59, is an offence that would be subject to prosecution. The “terrorist propaganda” definition applies to a system within the Criminal Code.

Former Bill C-51 created two new warrants in the Criminal Code, one allowing for the seizure and forfeiture of terrorist propaganda in a tangible form, according to the definition, and the other allowing a peace officer to come before a judge to seek a warrant for the deletion of terrorist propaganda from a website that's available to the public through a Canadian Internet service provider. The terrorist propaganda definition applies to these warrants, as well as under the Customs Act, because it allows terrorist propaganda or prohibited goods under the Customs Act.

November 30th, 2017 / 10:20 a.m.


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Director and General Counsel, Criminal Law Policy Section, Department of Justice

Douglas Breithaupt

Indeed there is a link to the counselling offence that's proposed in Bill C-59. The “terrorist propaganda” definition is proposed to be amended to mean “any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence”. It's very closely linked to the new counselling offence.

There were concerns with the current wording of the terrorist propaganda definition, which is “advocates or promotes the commission of terrorism offences in general”, suggesting that this wasn't so easy to apply. That has been deleted, fulfilling a commitment the government made to narrow overly broad definitions, including “terrorist propaganda”.