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

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

Madam Speaker, I thank my colleague for the question. That is precisely what I would like to know, and that is the point of asking questions.

To our understanding, the proposed changes in Bill C-59 will diminish what CSIS agents can do on the ground. Is there something else that it is trying to say? I would love to know. At the end of the day, if I misunderstood, if my team misunderstood, then so be it, but as far as we can tell the agent will have to get a warrant from a judge before taking direct action to address a situation. That is where we take issue with this bill.

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

Madam Speaker, I rise in the House today to speak to Bill C-59 and to express my concerns about this bill being passed in its current form. I have read through the bill carefully and tried to understand the intentions of the Liberals, who seem to want to accommodate terrorists.

In the Liberals' speeches, they try to convince us that they are looking out for Canadians and working to keep them safe. However, if we look at their actions, such as the ones proposed in Bill C-59, it is obvious that either the Liberals are getting bad advice, or they are more concerned about the rights of criminals than those of law-abiding Canadians.

Let me explain. The most significant and most contentious change that Bill C-59 would make to the Criminal Code is the amendment of the offence set out in section 83.221, which applies to “Every person who...knowingly advocates or promotes the commission of terrorism offences in general”. Bill C-59 would introduce a much more stringent test by changing the wording to “Every person who counsels another person to commit a terrorism offence”.

The same goes for the definition of “terrorist propaganda” in subsection 83.222(8), which will significantly reduce the ability of law enforcement officials to use the tool for dismantling terrorist propaganda with judicial authorization as set out in Bill C-51. One could argue that using the expression “another person” means that the offence must target someone specifically rather than the broader target of domestic terrorism and the offence that Bill C-51 is supposed to prevent.

Madam Speaker, I know you understand the importance of what I just said. If Bill C-59 passes in its current form, terrorists will be free to spread all kinds of propaganda using social media, without any fear of being arrested or prosecuted.

The vast majority of terrorist activities are generated from propaganda that is spread in a general way, rather than directed at a specific person. Imagine how this measure will affect the work of our police officers and how we combat terrorism. This proposal is absurd, because it protects criminals and those who want to engage in violence in our country. The government has some explaining to do, and I mean today.

Bill C-59 limits what the Canadian Security Intelligence Service can do to help us protect ourselves. When Bill C-51 was tabled by our government, it gave CSIS the power to engage in threat disruption activities. This meant CSIS could contact the parents of a radicalized youth and urge them to prevent their child from travelling to a war zone or committing an attack here in Canada.

However, if the Liberals' Bill C-59 passes, CSIS will lose that power and will not be able to do anything on the spot to protect us. All of its activities will require a warrant, which is not exactly convenient when the goal is to stop someone from committing an act of terror. Currently, a CSIS agent can pretend to be a local resident to influence someone who is preparing to commit a terrorist act. Bill C-59 will put a stop to that. Agents will just have to watch the threat develop and will have to get a warrant from a judge before they can take action. By the time the warrant is issued, it could be too late. Why are the Liberals putting so many obstacles in the way of law enforcement, who are just trying to protect us Canadians?

The Conservative Party has always taken Canadians' safety seriously, as demonstrated by the introduction and passage of Bill C-51. We must not forget that this bill was passed by the Conservative government with the support of the Liberals, who were then the second opposition party. A couple of years ago, in 2015, the Liberals were in agreement. There was a slight change during the election campaign and now they have introduced Bill C-59, but let us not forget that Bill C-51 was approved by the Liberals.

Now it seems that the Liberals are trying to make things more difficult for the officers tasked with fighting these criminals. In 2015, during the campaign, our Liberal colleagues clearly stated that, if they were elected, they would amend this legislation. It is important to highlight that the bill was only introduced in Parliament at the end of June of this year. It took them 18 months.

The Liberals took their sweet time in keeping their election promise. Perhaps they realized that the original legislation was not as flawed as they thought. They now want to make amendments to show that they are keeping another promise.

The Conservative Party knows how important it is to have measures regarding national security institutions and the responsibility that comes with that. For us, there is no question that the safety of Canadians comes before the comfort of terrorists and criminals. Canadians who love their country come before those who are seeking to destroy it. Unlike the Liberals, we are committed to protecting Canadians. That is not just an idea that we came up with during the election campaign. We have always been committed to that goal because the threat still exists and has not diminished. The threat posed by these criminals is becoming increasingly sophisticated.

We have also heard that these thugs are wandering the streets of our communities after fighting with ISIS. They fought against our own soldiers. We know that they fought alongside ISIS and that many of them came back to Canada. The Minister of Public Safety and Emergency Preparedness is now saying that he is looking for evidence to arrest them. That is all well and good, but in the meantime, Canadians need clearer information about the situation.

Where is the transparency that the Liberals promised Canadians? Why is the Minister of Public Safety not saying anything about these criminals? Why is he being so silent on this?

As it now stands, Bill C-59 will greatly hinder the efforts of our peace officers and compromise the safety of Canadians, while facilitating the work of terrorists.

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

moved that Bill C-59, An Act respecting national security matters, be referred forthwith to the Standing Committee on Public Safety and National Security.

Madam Speaker, the Government of Canada has no greater responsibility than keeping Canadians safe. We must fulfill that essential and solemn obligation while at the same time safeguarding Canadian rights and freedoms.

This double objective of protecting Canadians while defending their rights and freedoms was the basis of our commitments regarding national security during the last election, and it informed everything we have done in the area since we have been in government.

We have, for example, created a committee of parliamentarians with unprecedented access to classified information to scrutinize the activities of all national security and intelligence agencies. We have launched the Canada Centre for Community Engagement and Prevention of Violence to help Canada become a world leader in counter-radicalization.

We have issued new ministerial directions that more clearly prohibit conduct that would result in a substantial risk of torture. Our starting point was the most extensive and inclusive consultations about national security ever undertaken by the Government of Canada. Beginning in the spring of 2016, that effort involved individual stakeholders, round tables, town halls, various renowned experts, studies by parliamentary committees, and a broad solicitation of views online. More than 75,000 submissions were received.

All of this fresh input was supplemented by earlier judicial inquires by Iacobucci, O'Connor, and Major, as well as several parliamentary proposals, certain court judgments, and reports from existing national security review bodies. It all helped to shape the legislation before us today, Bill C-59, the national security act of 2017.

The measures in this bill cover three core themes, enhancing accountability and transparency, correcting problematic elements from the former Bill C-51, and updating our national security laws to ensure that our agencies can keep pace with evolving threats.

One of the major advances in this legislation is the creation of the national security and intelligence review agency. This new body, which has been dubbed by some as a "super SIRC", will be mandated to review any activity carried out by any government department that relates to national security and intelligence, as well as any matters referred to it by the government. It will be able to investigate public complaints. It will specifically replace the existing review bodies for CSIS and the Communications Security Establishment, but it will also be authorized to examine security and intelligence activities throughout the government, including the Canada Border Services Agency.

In this day and age, security operations regularly involve multiple departments and agencies. Therefore, effective accountability must not be limited to the silo of one particular institution. Rather, it must follow the trail wherever it leads. It must provide for comprehensive analysis and integrated findings and recommendations. That is exactly what Canadians will get from this new review agency.

Bill C-59 also creates the brand new position of the intelligence commissioner, whose role will be to oversee and approve, or not approve, certain intelligence activities by CSIS and the CSE in advance. The intelligence commissioner will be a retired or supernumerary superior court judge whose decisions will be binding. In other words, if he or she says that a particular proposed operation is unreasonable or inappropriate, it will simply not proceed.

Taken together, the new comprehensive review agency, the intelligence commissioner, and the new committee of parliamentarians will give Canada accountability mechanisms of unprecedented scope and depth. This is something that Canadians have been calling for, and those calls intensified when the former Bill C-51 was introduced. We heard them loud and clear during our consultations, and we are now putting these accountability measures into place.

BillC-59 also brings clarity and rigour to internal government information sharing under the Security of Canada Information Sharing Act, or SCISA. This is the law that allows government institutions to share information with each other in respect of activities that undermine the security of Canada. Among other things, Bill C-59 would change the name of the law, in English, to the security of Canada information disclosure act, to be clear that we are talking only about the disclosure of existing information, not the collection of anything new. Government institutions will now be required to keep specific records of all disclosures made under the act, and to provide these records to the new review agency.

Importantly, Bill C-59 clarifies the definition of activities “that undermine the security of Canada”. For example, it is explicit in stating that advocacy, protest, dissent, and artistic expression are not included. The new legislation would also provide more precision in the definition of “terrorist propaganda”, in line with the well-known criminal offence of counselling.

The paramountcy of the Charter of Rights and Freedoms is an overriding principle in Bill C-59. That is perhaps most evident in the updates that we are proposing to the CSIS Act. This is the law that created CSIS back in 1984, and it has not been modernized in any meaningful way since then.

The former Bill C-51 empowered CSIS to engage in measures to reduce threats to the security of Canada without clearly defining what those measures could and could not include. We are now creating a specific closed list of measures that CSIS will have the authority to take to deal with threats. If any such activity might limit a charter right, CSIS will have to go before a judge. The activity can only be allowed if the judge is satisfied that it is compliant with the charter.

Another concern we heard during the consultations and more generally has been about the no-fly list, especially the problem of false positives, which affects people whose names are similar to listed individuals. This is due to long-standing design flaws in the way that the no-fly list was first created many years ago. Those flaws require legislative, regulatory, and technological changes to fix them.

Bill C-59 includes the necessary legislative changes and paves the way for the others that will be necessary. In essence, Canada's no-fly list currently piggybacks onto the airlines' computer systems, which means that the government does not control the fields to be included nor the way that the whole system works. This bill would give us the authority we need to allow the government, instead of airlines, to screen passenger information against the no-fly list. The people who have been affected by this, especially those with children, feel frustrated and stigmatized by their no-fly problems. That is entirely understandable, and that is why we are working so hard to get this fixed. Passing Bill C-59 is a necessary step toward that end.

There is much more in Bill C-59 than I could possibly deal with in these 10 minutes, but in keeping with the open and inclusive approach that we have taken with this legislation since before it was even drafted, we are sending it to committee before second reading to ensure that the examination of the bill is as thorough as possible.

Professor Craig Forcese, a respected expert in national security law from the University of Ottawa, said Bill C-59 “appears to be more carefully crafted than anything we've seen in this area in a long time..”. I appreciate that, but there is still more work to be done.

I certainly hope to hear ideas and advice from colleagues in the House. We are open to constructive suggestions as we work together to ensure that Canada's national security framework is as strong and effective as it can possibly be.

(Bill C–59. On the Order: Government Orders:)

June 20, 2017—the Minister of Public Safety and Emergency Preparedness—Second reading and reference to the Standing Committee on Public Safety and National Security of Bill C-59, An Act respecting national security matters.

Business of the House

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, as a small footnote in history, I used to have the honour of serving as the government House leader. After an absence of 807 weeks, it is my privilege to answer this question once again on behalf of my colleague the current government House leader. Again as a historical reference, members might be interested to know that 807 weeks ago, what we were discussing in the Thursday question was reproductive technologies, public safety, competition legislation, species at risk, and pest control. In some ways, things never change. However, to get to the answer, this afternoon we will continue with the report stage debate on Bill C-45, which is the proposed cannabis legislation.

First, let me associate myself, and I am sure all members of the House, with the comments that the opposition House leader made about the respect we all have, and must have, for our veterans and members of the Canadian Armed Forces.

After we return from this constituency week, we will commence debate on Bill C-59, which deals with national security. I would inform the House that, in the interests of transparency, we will be referring this bill to committee before second reading, which will allow for a broader scope of discussion and consideration and possible amendment of the bill in the committee when that deliberation begins.

Following that, we hope to be back to the debate on Bill C-24, which would amend the Salaries Act. Our focus for the rest of the week after we return will be disposing of Bill C-45 at report stage and third reading.

Finally, Thursday of that week will be an allotted day.

[Ralph Goodale, Liberal, Regina—Wascana, SK]

I will, and let me first of all, Monsieur Picard, congratulate Parliament and this committee specifically—there were a few different players before—which did the heavy lifting on Bill C-22. We now have the new committee of parliamentarians, which has passed through all stages in Parliament, and Monday the announcement was made regarding the formation of the committee and the members of Parliament and Senate who will be participating in the committee, a brand new aspect of Canada's national security and intelligence infrastructure in place for the first time.

In addition to that, we now have Bill C-59, which you referred to, Monsieur Picard, which again enhances our national security and intelligence architecture. It clarifies a number of the powers and authorities of various agencies, including CSIS. There had been reports from the Federal Court, from commissions of inquiry, from the Security Intelligence Review Committee, and from others saying that there were doubts or ambiguities in the authorities of our various agencies, which needed to be clarified. In a field like national security, you don't want a lot of grey areas, so the law, the new proposal in Bill C-59, brings that clarity in a number of areas with respect to what our agencies can and cannot do. It also establishes new review and oversight mechanisms, including two things in particular. It's an elaborate—

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

We'll likely have a chance to talk about it again.

With the time that's left, I want to go back to another topic we've had a chance to debate in the House recently, which is the no-fly list. Of course we can debate the legislation and the changes that are a part of Bill C-59, but I just want once again, on behalf of the families who were here in Ottawa on Monday, to ask you when we will see the money for that redress system. Beyond the legislative changes—which have merit, I will agree with you on that—the funds are required in order to put the system in place. That would be my first question. When will we see that money?

The second question is where the dollar amount that's been floated out there comes from—it's escaping me—the $78 million or whatnot that was brought out at one point? What do you see as the costs associated with putting that system in place?

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

My understanding about the national security and intelligence committee of parliamentarians is that they're reviewing CSIS and CSE as to their operations and functions, not so much looking at doing studies. They're going to call in the experts definitely to talk about threat levels and our capabilities. They're going to have a lot more tools at their disposal than we have.

Again, we do have Bill C-59 that's coming before the House. That has a CSE component. This study would dovetail off that as public safety deals with it. Then how does CSE function? How does cybersecurity...? Bill C-59 actually has an enabler there for first-time legislation on cyberwarfare, both on defensive and offensive means. I think once Bill C-59 gets through the House, it will provide us an opportunity to look at that in greater detail and how those changes may impact national defence.

Public Safety

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, the problem is that the no-fly list that was designed 10 years ago contains an inherent design flaw that needs to be fixed. To fix it takes legislation and regulation and a new computer system built from the bottom up.

The first step is to pass Bill C-59 to give us the legal authority to do these things. I urge the NDP to support Bill C-59.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, Bill C-59, as those parents said today at their press conference, does nothing to fix the problem that they face every single time they try to travel. I would ask the minister if he wants to go in front of those families to tell them, “Do not worry, your child is not on the list.” These are the false positives that are being lived by thousands of Canadians.

Children, business people, and even veterans are finding travelling difficult. They are being humiliated, profiled, and are living in fear of ending up on the no-fly list.

Again I ask the minister: will she fully fund an actual redress system, yes or no?

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, we fully appreciate the frustration of law-abiding travellers who can be stigmatized and delayed as a result of false positives on the no-fly list.

However, to be clear, there are no children on the no-fly list, but there is confusion among similar names. That takes new legislation to fix that problem, new regulations, and a new computer system.

The first of those steps is being taken in Bill C-59. I urge the NDP to vote for it.

[Wesley Wark]

Ms. Damoff, I actually thought about that. It's very much up to members of Parliament to decide on that.

I suppose my personal view, for what it's worth, is that Parliament has a lot of onerous duties around reviewing bills on a schedule. If there had to be a trade-off to building in a scheduled review of this act as opposed to Bill C-59, for example, I would rather see it in something more significant, like Bill C-59, than this one.

It's a fairly limited bill in some respects, and if there is that parliamentary reporting requirement, I think that would go a long way to meeting any concerns and would not necessitate a review. If the public reporting suggested there were major problems with the initiative, then presumably Parliament could take some action.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Thank you very much.

Thank you, Professor Wark.

I understand that Statistics Canada already publishes entry information for people coming into Canada, as well as their country of origin, so in terms of annual reporting, would it make sense to just have StatsCan add the exit information to their annual report, as opposed to producing a brand new report? If so, do you think it would make sense to make the amendment here, or in Bill C-59?

[Wesley Wark]

Yes. It would be a crosscutting provision. It's really a timing matter, in a way. I think legitimately it should be in Bill C-59 and then referenced back to Bill C-21 in terms of coming-into-force provisions. Probably you folks around the table are more expert than I would be on how to manage that process. It should be in legislation somewhere. There could be a reference in Bill C-21 to that, cross-referencing another piece of legislation, I would think.

[Wesley Wark]

I think I would just reference the fact that the government has been working on a complaints mechanism for CBSA. From my personal perspective, for what it's worth, I would give them time to work that out. They have consulted with outside experts and so on about how that might work. Hopefully, it won't be too long before we see what they're proposing. Then Parliament will have its say on that.

On the independent review of CBSA, my concern is just to kind of leave it vague, as part of a potential responsibility that might fall to the National Security and Intelligence Review Agency under Bill C-59, without CBSA being specifically referenced. Given the important role that CBSA is now playing, I would prefer to see it listed in the legislation somewhere that it will be subject to an independent review by somebody.