Countering Foreign Interference Act

An Act respecting countering foreign interference

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill.

Part 1 amends the Canadian Security Intelligence Act to, among other things,
(a) update provisions respecting the collection, retention, querying and exploitation of datatsets;
(b) clarify the scope of section 16 of that Act;
(c) update provisions respecting the disclosure of information by the Canadian Security Intelligence Service;
(d) provide for preservation orders and production orders as well as warrants to obtain information, records, documents or things through a single attempt;
(e) expand the circumstances in which a warrant to remove a thing from the place where it was installed may be issued; and
(f) require a parliamentary review of that Act every five years.
It also makes a consequential amendment to the Intelligence Commissioner Act .
Part 2 amends the Security of Information Act to, among other things, create the following offences:
(a) committing an indictable offence at the direction of, for the benefit of, or in association with a foreign entity;
(b) knowingly engaging in surreptitious or deceptive conduct at the direction of, for the benefit of or in association with a foreign entity for a purpose prejudicial to the safety or interests of the State or being reckless as to whether the conduct is likely to harm Canadian interests; and
(c) engaging in surreptitious or deceptive conduct, at the direction of or in association with a foreign entity, with the intent to influence, among other things, the exercise of a democratic right in Canada.
It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.
It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act .
Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,
(a) create a general scheme to deal with information relating to international relations, national defence or national security in the course of proceedings that are in the Federal Court or the Federal Court of Appeal and that are in respect of any decision of a federal board, commission or other tribunal;
(b) permit the appointment of a special counsel for the purposes of protecting the interests of a non-governmental party to those proceedings in respect of such information; and
(c) allow a person charged with an offence to appeal a decision, made under the Canada Evidence Act with respect to the disclosure of certain information in relation to criminal proceedings, only after the person has been convicted of the offence, unless there are exceptional circumstances justifying an earlier appeal.
It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.
Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,
(a) provides for the appointment of an individual to be known as the Foreign Influence Transparency Commissioner;
(b) requires certain persons to provide the Commissioner with certain information if they enter into arrangements with foreign principals under which they undertake to carry out certain activities in relation to political or governmental processes in Canada;
(c) requires the Commissioner to establish and maintain a publicly accessible registry that contains information about those arrangements;
(d) provides the Commissioner with tools to administer and enforce that Act; and
(e) amends the Public Service Superannuation Act , the National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act .

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 13, 2024 Passed 3rd reading and adoption of Bill C-70, An Act respecting countering foreign interference

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Thank you, Chair, and thank you to the witnesses for being here today.

I'd like to start with Mr. Kempa, if I could.

In your opening remarks, you mentioned that Bill C-70 was a good platform or a basis to get started with this. I tried to scribble down quickly what you said here. You mentioned there was definitely a lack of RCMP capabilities to investigate, and that really needed to be built on or this legislation wasn't going to be that good. I didn't quite get completely what you meant there. If you could expand on that, I'd appreciate it.

Pam Damoff Liberal Oakville North—Burlington, ON

Thank you.

It's a pleasure to be back at the public safety committee for a bit.

Thank you to both of our witnesses for being here on this really important piece of legislation.

Dr. Burton, in particular, I want to thank you for bringing your expertise. I think that when it comes to China, we'd be hard pressed to find anybody else in Canada who has your level of expertise on this subject.

You mentioned working with Australia, but I wonder if you could compare Bill C-70 to our Five Eyes partners and how it compares to the legislation they have in place in dealing with foreign interference.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Okay.

Professor Kempa, you spoke about the “country-agnostic” nature of Bill C-70, which is something that, at first blush, I would be supportive of.

Now, one of the reasons why I suppose we would deal with this is that we have a changing world, and different governments are going to have different mandates. Is there a compelling reason why we wouldn't apply the same standard—and a high standard at that—when it comes to transparency and the registry of any foreign agents?

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Genuis isn't here. He's in a lot of places, but right here, right now, isn't one of them. He will be joining us later, I'm sure.

Let's take his example about the Attorney General. I assume this would involve a foreign entity having a dossier of some sort about an attorney general or something like that. In that instance, based on what you just said, what positive impact would Bill C-70 have on information sharing or the ability to alert?

Dr. Charles Burton Senior Fellow, Sinopsis, As an Individual

Thank you, Mr. Chair.

My area of expertise is Chinese domestic politics and foreign policy. I was educated in China, and I've worked in the CSE, in the Canadian diplomatic service and as an academic. I have published several articles and reports on Chinese influence operations in Canada.

I will focus my remarks on part 4 of Bill C-70, the foreign influence transparency and accountability act part, as it impinges on the activities of agents of the Chinese Ministry of State Security targeting politicians, civil servants and others involved with shaping Canada's relations with the People's Republic of China regime.

Justice Hogue's report earlier this month noted that her mandate is to investigate potential foreign interference with “Executive decision-making by Cabinet and its ministers in relation to their departments, including indirect foreign interference with ministerial decisions when such decisions are based on information originating at a lower level of government covertly influenced by a foreign state (or its proxy, agent, etc.).”

I'm not sure why Justice Hogue's mandate is limited to “a lower level of government covertly influenced by a foreign state”. In the previous meeting of this committee, Mr. Genuis raised the possibility of a future Attorney General of Canada being in a conflict of interest because he or she had benefited from foreign interference in his or her riding. My knowledge of China's united front strategy around the world is that there is enhanced Chinese Ministry of State Security early targeting of politicians deemed likely to, in future, assume influential positions such as Attorney General of Canada.

We know from a leaked December 2021 CSIS report how China's Ministry of State Security uses three colour-coded political interference tactics to gain influence over Canadian government officials here in Canada and those travelling to China. Blue refers to sophisticated cyber-attacks on targets' computers, smart phones and hotel rooms for possible blackmail. Gold refers to bribes. Yellow is what CSIS described as “honey pots”. That's how China employs sexual seduction to compromise a target.

Bill C-70 and existing legislation should go a long way to addressing this kind of concern, but I would put forward that there are more sophisticated operations by the Chinese regime here in Canada and other countries that are more challenging for us to counter.

For example, former Australian prime minister Bob Hawke recalls in his biography that shortly after he retired from politics, he travelled to Beijing and met with Chinese leader Jiang Zemin, who told him, “Mr. Hawke, China never forgets its friends. I want you to know that we regard you as one of our best friends.” In the years that followed, Mr. Hawke took on several directorships and consultancy positions relating to China, which enabled him to achieve considerable financial success.

Here in Canada, we observe former cabinet ministers, former ambassadors to China and people retired from senior roles in our foreign ministry who have assumed lucrative opportunities relating to China after leaving government. Government career options in law firms, businesses and other sectors with associations with business networks identified with the Chinese Communist Party would, clearly, not be open to those identified as unfriendly to China while in a position of public trust, because we know that the Chinese regime keeps extensive files on all of us. They know who their friends are.

A concern is whether Canadian officials, because of the very subtle Chinese influence process of implied future benefits after retirement for Canadian policy-makers, which Bill C-70 cannot track, would perhaps not act immediately on intelligence assessments they receive that would call for Canadian government action that goes against Chinese interests in Canada, but leave these for others to respond to, for fear of being identified with actions the Chinese embassy would not feel well disposed towards.

If I could just conclude, I would say from this that just as government officials cannot exploit classified information to serve personal interests after retirement and have to keep the secrets that they derive in the course of their service secret for life, perhaps we need to restrict public servants from receiving benefits from foreign entities for life as well.

Thank you, Mr. Chair.

The Chair Liberal Ron McKinnon

I call this meeting to order.

Welcome to meeting number 110 of the House of Commons Standing Committee on Public Safety and National Security.

Pursuant to the order of reference referred to the committee on Wednesday, May 29, 2024, and the motion adopted by the committee on Monday, May 27, 2024, the committee resumes its study of Bill C-70, an act respecting countering foreign interference.

Before we begin, I would like to ask all members and other in-person participants to consult the cards on the table for guidelines to prevent audio feedback incidents.

Please take note of the following preventative measures in place to protect the health and safety of all participants, including the interpreters. Only use a black, approved earpiece. The former, grey earpieces must no longer be used. Keep your earpiece away from all microphones at all times. When you're not using your earpiece, place it face down on the sticker placed on the table for this purpose. Thank you for your consideration.

Today's meeting is taking place in a hybrid format.

I would like to make a few comments for the benefit of members and witnesses. Please wait until I recognize you by name before speaking. As a reminder, all comments should be addressed through the chair.

Regarding specific comments on Bill C-70, as indicated in the memo that was sent out on May 31, I would like to remind members that amendments to Bill C-70 must be submitted to the clerk of the committee by 4 p.m. Eastern Standard Time, Friday, June 7, 2024. It is important for members to note that, pursuant to the order adopted by the House on May 30, the 4 p.m. deadline to submit amendments is firm. This means that any amendments submitted to the clerk after the deadline and any amendments moved from the floor during the clause-by-clause consideration of the bill will not be considered by the committee.

I would now like to welcome our witnesses for the first panel today.

We have Mr. Charles Burton, senior fellow, Sinopsis. We also have Mr. Michael Kempa, associate professor of criminology at the University of Ottawa.

Welcome, gentlemen, and thank you for joining us today.

I now invite Mr. Burton to make an opening statement of up to five minutes.

Parliament of Canada ActPrivate Members' Business

May 30th, 2024 / 6:20 p.m.


See context

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I want to thank everybody who participated in this important debate because it actually achieved one of my aims, which I talked about in my initial speech when I introduced this bill, and that is education. I will get into the reasons why that is so important.

I am not shocked by this, but after listening to members, there seems to still be a level of misunderstanding of what exactly this bill is. I am going to talk about what it is, what it is not, and why it is so important. I will read the crux of what this bill is into the record one more time because then it will be easy to break down. It is subclause 13.1(1) of this need to know legislation, which reads, “A member of the Senate or the House of Commons who applies for a secret security clearance from the Government of Canada is, for the purposes of the consideration of their application, deemed to need access to the information in respect of which the application is made.” That is the important clause.

My point is that the only thing this bill would do would be to allow parliamentarians to apply for a secret security clearance. The government would not be able to deny, regardless of who is in government, a parliamentarian from applying. That is all that it would do. It would allow them to apply. I would dare say that every speaker who spoke to this during the debate on my PMB highlighted two key examples: the Winnipeg labs, most recently, and the Afghan detainee file.

A colleague just spoke to what this bill does not do. This does not guarantee a parliamentarian will pass, should they apply. They still have to go through the same security vetting and clearance process that we have been doing for decades. I have had a secret level clearance for likely 25 to 30 years now. I have been at the top secret level for 15-plus years. The clearance does not guarantee one has a need to know or that one gets access to the information because that is how the system protects it. One still has to demonstrate that to the government.

Why is this so important? We have heard a little bit about this. The world is more complicated. We have listed a couple of historical examples. The most important one, which has been highlighted numerous times, is foreign interference. When we look at foreign interference, there are lots of cases. I do applaud the government about Bill C-70. It is going to come and address some of that because it allows changes to the CSIS Act, which then allows CSIS to actually share information beyond just the federal government, not just to potential parliamentarians. Again, if they are not cleared, they still cannot get that information, but it will potentially allow CSIS to share information to other levels of government, to industry and stakeholders, but they have to have the clearance.

We have heard testimony and speeches here, so we know that parliamentarians are being targeted. We have seen the original NSICOP annual report of 2019. What was one of the key takeaways? Parliamentarians need to be briefed on the threats that they face from foreign interference. We have seen Madam Hogue's public inquiry into foreign interference. Just recently we saw the NSIRA report that came out. We are only a few days away from seeing NSICOP's latest report. However, it is not just from those agencies. I would like to read again from the recommendations that came out of PROC, with unanimous consent, just a few weeks ago. Recommendation 3 reads:

That the government work with recognized parties’ whips to facilitate security clearances, at Secret level or higher, of caucus members who are not Privy Councillors (particularly those who sit on committees with mandates concerning foreign affairs, national defence and national security), who shall be taken as satisfying requirements for a “need to know,” to ensure that they may be adequately briefed about important national security matters, including foreign intelligence threat activity directed toward Parliament, or their party or its caucus members.

The point is that this has already unanimously passed at PROC to basically implement what my bill is trying to achieve.

In conclusion, I have not heard a single criticism of the bill that is based on what the bill would do and what is contained within it. I know members from all parties who I have talked to are going to support this bill. I am hoping that, when it does come up for a vote, it will pass unanimously.

Business of the HouseGovernment Orders

May 30th, 2024 / 4:05 p.m.


See context

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, if you seek it, you will find unanimous consent for the following motion.

I move:

That, notwithstanding any standing order, special order, or usual practice of the House, in relation to the consideration of Bill C-70, An Act respecting countering foreign interference:

(a) during the consideration of the bill by the Standing Committee on Public Safety and National Security,

(i) the committee shall have the first priority for the use of House resources for committee meetings,

(ii) the committee shall meet for extended hours on Monday, June 3, Tuesday, June 4, Wednesday, June 5 and Thursday June 6, 2024, to gather evidence from witnesses,

(iii) the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, the officials from the RCMP and CSIS, the National Security Advisor to the Prime Minister, the officials from the Department of Public Safety, and other expert witnesses deemed relevant by the committee be invited to appear,

(iv) all amendments be submitted to the clerk of the committee by 4:00 p.m., on Friday, June 7, 2024,

(v) amendments filed by independent members shall be deemed to have been proposed during the clause-by-clause consideration of the bill,

(vi) the committee shall meet at 3:30 p.m. on Monday, June 10, 2024, to consider the bill at clause-by-clause consideration, and if the committee has not completed the clause-by-clause consideration of the bill by 6:30 p.m., each party shall be allotted no more than five minutes for each of the remaining amendments and clauses, and the committee shall not adjourn the meeting until it has disposed of the bill,

(vii) a member of the committee may report the bill to the House by depositing it with the Clerk of the House, who shall notify the House leaders of the recognized parties and independent members, and if the House stands adjourned, the report shall be deemed to have been duly presented to the House during the previous sitting for the purpose of Standing Order 76.1(1); and

(b) the bill shall be ordered for consideration at report stage on Wednesday, June 12, 2024.

Damien Kurek Conservative Battle River—Crowfoot, AB

Thank you very much, Mr. Chair.

We find ourselves in an interesting position here today. As Mr. Barrett has expanded on in the last number of minutes, we are first....

I believe that this bears highlighting. At a meeting a number of weeks ago, the NDP actually requested that some documents be provided. Those documents had a timeline on them. There is a requirement for the committee to deal with those documents. That timeline has passed, and this committee has not yet had an opportunity to deal with that, although both the meeting today and the meeting this past Tuesday did have committee business, as was listed publicly, in camera.

I am very curious about why we are in the situation we're in when we hear often from Liberals and New Democrats that somehow it is Conservatives who are to blame for everything that is held up in committees and in Parliament. We hear this at length, especially in the House.

What I would highlight before I get into the substance of my remarks is that, because of Liberal actions backed up by the NDP, this committee has not had a chance to deal with some of the important business that sits before it, whether that be some information that was related to a request that was made at the end of a committee meeting.... It was about three weeks ago now, if my memory serves me correctly. The deadline was at two weeks. Obviously, that has passed. Because the committee has not had a chance to substantively sit in camera and deal with the business at hand, we still don't have a resolution to that.

Then we have what is talked about in the public declaration, that there was a consideration of a draft report on the federal government's use of technological tools capable of extracting personal data from mobile devices and computers.

Part of the important work the committee does has to do with these reports. We do studies. We move motions that do studies. We call witnesses. Then the committee has a chance, or should have a chance, to go through those reports and edit them. The fine work that our analysts and staff do to help compile these reports.... The committee goes through it, and then that's what.... Often there's disagreement, discussion and very frank conversations, and I actually often share with constituents about how there is....

People often think that the only thing that happens in Parliament is question period. However, there are often frank discussions that take place, and sometimes those are in camera. The report that the committee has put together is what was planned to be dealt with today, as was mentioned in the notice of meeting. However, here we are, debating a motion that I'll get into here in a second.

It's troubling that while the Liberals are quick to complain about anything that doesn't go their way, they forget about who, ultimately, we are here to serve.

What I'll attempt to do—and share with the committee and those who are watching—is highlight how the actions and the place that we have come to today truly are an attempt by the Liberals, with the support of the NDP, to silence critics. That's what it comes down to: an attempt by the government, ultimately, to silence anyone who would dare to ask them tough questions.

I would further suggest that they are attempting to weaponize tools and protections that are meant to ensure that all MPs, not just members of the opposition.... I'll get into more detail on the specifics of what that looks like in our Westminster democratic system if I have the opportunity. However, there are specific tools that are granted to members of Parliament that protect us so that we can ask tough questions.

I would note, specifically when it comes to the topic at hand, which is foreign election interference, there is this thing called “privilege”, and those watching may not be aware of the nuances and the history of what parliamentary privilege is.

There is a long history dating back centuries to what we refer to as the mother of parliaments, at the Palace of Westminster in the United Kingdom, which ensures that parliamentarians—those who are elected to the House of Commons—have protection.

I'm going to read some quotes into the record that specifically speak to why that is significant, but ultimately the Coles Notes version of what is an extensive conversation about why we got to this point is that there had to be an understanding that parliamentarians had to be able to have those tough conversations. At the time, when some of these were called into question, lives were literally on the line. When you look back at some of the big battles that took place in parliamentary history, there were lives on the line about whether or not the king could take the life of a parliamentarian because of a parliamentarian's opposition to something a king was doing. These are questions that had life-or-death consequences.

They were hard-fought to the point that today it allows MPs, both opposition and government, to ask tough questions without fear of reprisal.

What privilege clearly does not do, was not designed to do, should not do and, I would suggest, cannot do is silence critics from being able to ask tough questions. All of us around this table and all 338 members of Parliament who have the honour of occupying and of being temporary tenants in seats in the House of Commons...because we don't own those seats. No, they're owned by the people. We need to take seriously that need to represent them, yet what we have before us is an attempt specifically to silence Mr. Brock, who is very effective.

There is no question. I don't think anybody from any party would suggest that Mr. Brock is anything but effective when it comes to prosecuting important issues, whether that be in his previous career as a Crown prosecutor or whether that be here in Parliament. He does ask tough questions. For anyone who has ever heard or listened to him, he asks tough questions, and, quite frankly, I'm glad he does, because that is why privilege exists.

In fact, page 57 of the third edition of House of Commons Procedure and Practice describes parliamentary privilege as the following, and this emphasizes the point that I have just attempted to make:

...the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfill their functions.

That's key. What we have here is an attempt by a member of the government that was undoubtedly a subject that had come up in the course of discussion. In fact, it was my friend from the Bloc Québécois who, at one point, brought forward a concern to this committee asking whether or not it was an actual conflict—it certainly appeared to be a conflict of interest—that the member for Steveston—Richmond East was sitting at the table. It wasn't Conservatives who brought that forward. I didn't hear the Liberals demand an apology from the Bloc Québécois for suggesting there might be an appearance of a conflict of interest.

I have no doubt that if that member wanted to be a witness at committee to talk about some of those things, I'm quite confident there would have been allowance for him to be able to do that. However, is that what the focus is? No. The focus of this motion is to try to silence the member for Brantford—Brant for being effective at asking tough questions.

Did those questions offend somebody? Maybe. Did those questions call into question a member's conduct? Maybe. What I think we need to remember is that we have to be allowed to ask those tough questions.

One thing that I believes bears mentioning is that, over the course of the close to four and a half years that I've had the honour of serving as a member of Parliament for the constituency of Battle River—Crowfoot—a beautiful area of east-central Alberta—I've been able to ask some of those tough questions and to do my best to represent the people who sent me here, understanding full well that it doesn't make everybody happy. I've faced some criticisms at different points in time, as I suggest we all have if we're honest about the role we play.

As a member of the opposition, one of the fundamental roles of that.... In fact, it was Conservative leader Pierre Poilievre, when asked by President Biden about what it was to be the leader of His Majesty's loyal opposition.... It was an interesting conversation. It was picked up on camera. Mr. Poilievre made mention of the fact that, in Canada, the act of opposition is an act of loyalty. I think that's very profound: Just because we disagree, or we have disagreements, different policy ideas or whatever the case is—you can really fill in the blank—that doesn't mean we aren't passionate about the future of our country.

What has been a troubling trend that we've seen under the Liberals is that, with the support of the NDP, it seems at any cost—which is a troubling metric in and of itself, especially because that's not what Canadians voted for—the Liberals do not want an opposition. They make that clear on a regular basis. Instead, they seem to want only an audience. What's so disconcerting about that is that the very fundamental basis of the institution of which we are all a part, the House of Commons, was built upon that idea that you could have opposition, whether that was eight-plus centuries ago when it was the people wanting to hold the Crown to account and, instead of fighting a battle—which would have seen death and destruction—coming to a point at which they could have arguments; or whether that was one of the many instances throughout the history of our Parliament when we have been able to have disagreements.

Then there are, Chair, times when we do come together. My colleague Mr. Barrett talked about how, when it comes to Bill C-70, which was introduced to substantively address aspects of foreign election interference—it's fitting and very relevant to the topic at hand here—Conservatives were quick to make the suggestion that there was the ability for us to come together and figure out a way to ensure that it is passed so that, prior to the next election, our intelligence apparatus in this country will be prepared to ensure that the integrity of our electoral framework is, in fact, protected.

I know, and I'm sure those watching will often see those highlighted examples when MPs oppose each other, and that's fair. Certainly, my constituents have made it very clear to me that I am to oppose the Liberal agenda—oppose it and do so loudly. In fact, I hear that on a regular basis. However, there are those instances when we do work together. It's not to suggest that it doesn't happen, but what is so important is for that freedom to take place, which leads me into some of the conversation around the idea of privilege.

We have before us a motion that suggests there was a violation of a member's privilege. I'll get into some of the substance of the motion here in a moment, but I just note for Mr. Bains—and maybe he would like to address the reason—that there's actually a factual error in the motion, I believe. It's suggesting that the conversation took place on a day when, I don't believe, there was actually a meeting, May 23. I believe that the committee was previously occupied during that day. I may stand to be corrected on that. I will certainly appreciate it if Mr. Bains has the opportunity, when he is able, to take the floor to address the specifics of that day.

What Mr. Bains is suggesting is that asking tough questions is somehow a violation of his privilege as an MP. I mentioned page 57 of House of Commons Procedure and Practice, third edition, and its descriptor of parliamentary privilege. I would like to further read from page 88:

Members individually have the responsibility to not abuse their rights and immunities, particularly freedom of speech.

What I would suggest is being highlighted in the debate we're having here is the fact that we have the responsibility, as members of Parliament, to not abuse the privileges, but we also cannot abuse the ability and the idea of privilege to be able to weaponize that sort of thing for the purposes of silencing one's critics. It leads me to the inevitable conclusion that, as I mentioned before, it is not about whether or not that member's rights and privileges were violated but about, I would suggest, that member facing pressure because of the conversation that took place.

Quite frankly, I would say that is a good thing. That's what democracy is supposed to be about. It is meant to be a space where we can ask and have those tough conversations, but here we are, and there is an attempt through a procedural mechanism....

For those watching who might be wondering what a procedural mechanism is, it's using the rules that exist for us to be able to fulfill our functions...using it for something it was not intended to be used for. In this case, the member from Brantford—Brant is a very effective prosecutor in terms of calling out some of the things the government has done wrong. A procedural mechanism is used not for their purpose, for the ability of committees to function properly, and not for the purposes of protecting members' freedom of speech, but rather to narrowly interpret privilege as something to silence an opponent.

Now, just imagine for a moment what it would be like if during an election you had a national party leader tell one of his opponents that they can or cannot talk about something. It would be a national scandal. It would be truly a national scandal. We have free, fair and open discourse, because that's what Canadians expect us to be able to have. That is something that needs to be extended to committee.

Now, there have been some accusations made about intent. There have been further suggestions that somehow it is incorrect for members to call out these certain things. I've faced the consequences personally of calling out things that I have deemed to be absolutely egregious, including the conduct of the Prime Minister. In that case, I respected the Speaker's ruling on that matter. While I disagreed, and I stand behind what I said, I understood the consequences of that.

This is where we have come to today. Are we going to set a precedent that suggests that instead of having these tough conversations, we are going to allow for procedural mechanisms to take away the ability for any member of this place to do their work?

I want to highlight something here that I think is often forgotten. We have a principle that is unique to the Westminster system, actually. Those I've had the opportunity to engage with on the matter know that part of the reason I like the Westminster system of Parliament so much is the idea of parliamentary supremacy. It's key, because it ultimately ensures that people have the ultimate say.

Although there's an extensive conversation that could be had about that, I want to park that larger conversation, because it can get fairly philosophical. There are differences of opinions about when and where and how some of the mechanisms that exist have been brought to bear, both in the context of the Canadian circumstances, where we have both written and unwritten aspects of our Constitution, versus the United Kingdom, where it is still largely unwritten in terms of the constitutional frameworks that exist.

I've talked a bit about that here and at other committees in the past, but what is key is that it is members of Parliament who make up a Parliament.

Again, for individuals who might be watching, Mr. Chair, I believe it's worth highlighting something that is often forgotten. We are in the 44th Parliament. “Well,” one might ask, “What is a Parliament?” We often refer to that as a building—in the case of the House of Commons, the chamber with its green floors and question period and the debates and whatnot.

What's interesting, Chair, is the description of it as the place where a group of MPs are able to come together to form that Parliament. Then, out of that, in the case of our tradition—this is tradition and it has become constitutional convention—the party that gets the most seats is able to form the government. The government includes the cabinet, led by the prime minister. The history of that is that the prime minister was the first minister among ministers, and, referring to the Latin history of the word, the first among equals, although that's certainly then something that's been long since abandoned.

What's interesting—and this is an important point that is applicable not simply to members of the opposition. When I describe our democratic system to classes, whether they're in junior high, high school or even some elementary schools, I talk about every Canadian being allowed to have that one ballot on election day. That is an incredible thing. That right we have is an incredible privilege, hard-fought for and won over history.

The fact is that the current Prime Minister, or the leader of a political party, any political party, gets that same number of ballots on election day. Every Canadian gets that one ballot. The power to choose your government is incredible.

When I ask the question about how many ballots you get on election day, some of the conversations that ensue in classrooms about that are interesting, because it is that distribution of authority among the people that is truly fundamental in the way that our democratic system operates.

Now, I would be the first to admit it's not always equitable in terms of the number of individuals per electoral district, and there are always some nuances in the conversation, but fundamentally it comes down to every Canadian getting that one ballot on election day. It's a powerful thing.

I know for you, Chair, that this would be the same thing. You and I and all members of this committee, including staff and technical folks, get to have that one ballot to make a choice about who gets to represent them in the House of Commons.

However, here's the extension of that, and the reason parliamentary supremacy is so key. That one ballot translates, in the case of our current Parliament, into 338 seats.

Another question I ask students, when I have the chance to speak with them, is how many seats the Prime Minister occupies in the House of Commons. Some of the responses I get are interesting, but it comes down to one.

I ask the same about the Leader of the Opposition. They occupy one seat in the House of Commons.

In the case of our current Parliament, there are 338 members of Parliament who sit and make decisions and empower the government to act on their behalf. The opposition plays a key role in that against the government and the governing party. In the case of a minority Parliament or a hung Parliament, as it's often referred to in the United Kingdom, ultimately it comes down to the fact that there are members of Parliament, 338 of them. While we have whips and there are conventions when it comes to voting and voting for confidence measures—in the case of the opposition, we vote non-confidence in the government on a very regular basis—every MP occupies that one seat in the House of Commons, and the power of that, I would suggest, emphasizes the foundational idea of what privilege is in this place and in this specific context around this table.

I'd like to emphasize how fundamental it is that any attempt to silence members of Parliament from being able to ask the tough questions, to silence members of Parliament from being able to represent their constituents, is not simply an attack on the idea of privilege in this place, but rather is an attack on the fundamental tenets of democracy—

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Yes, Chair.

Given how heavy our workload is going to be next week, and given the timelines we're dealing with on Bill S-210, I'm just wondering if we have unanimous consent from this committee to ask for a formal extension so that we can give Bill S-210 proper study, because Bill C-70 is obviously going to take priority in this committee.

Can I get unanimous consent for that?

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Always. Thank you, Mr. Caputo.

One gap in terms of the response here has been around people facing coordinated discrimination based on political activity and people in diaspora communities who are involved in pro-democracy activity, for example, who then face various forms of discrimination that may be officially or unofficially coordinated from abroad. One instance I heard of recently was someone involved in pro-democracy activism related to Hong Kong who faced negative consequences from their landlord as a result of it.

Now, I have a private member's bill, Bill C-257, that would add political belief and activity as prohibited grounds of discrimination, which I think is one solution. That wouldn't apply in provincial jurisdiction, but it would apply in federal jurisdiction. You can imagine similar models being adopted provincially.

However, I think this is one problem that Bill C-70 does not solve. I'd be curious for your feedback—especially the Department of Justice officials' feedback—on this and what steps could be taken to protect people from discrimination that may be coordinated from abroad and may respond to political activities they're involved in here in Canada.

May 30th, 2024 / 9:35 a.m.


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Deputy Assistant Deputy Minister, Department of Justice

Heather Watts

As is the normal practice, the Minister of Justice will be tabling a charter statement that will outline the potential implications on rights and freedoms protection under the charter from Bill C-70. I don't believe it's been tabled yet, but as per the practice, that would be our expectation.

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you, Chair.

Winston Churchill apparently once quipped, “You can always count on Americans to do the right thing, only after they’ve tried everything else.” In this case, the Liberal government has definitely tried everything else to avoid action on foreign interference over nine years. With Bill C-70, they've finally responded to pressure from the opposition and from the public. Conservatives don't want to let the government get away with sitting on this bill. After nine years, we've had enough delays. We will push for anti-interference measures to be passed and in place as soon as possible.

One important flashpoint for the foreign interference conversation is Hong Kong. Hong Kong's national security law makes absurd claims of universal jurisdiction, even claiming that if a Canadian in Canada makes statements that are deemed to violate Hong Kong's national security law, they could be charged and even rendered to Hong Kong while travelling in a third country. The manager of the Hong Kong Economic and Trade Office in London has been charged with spying. I've heard concerns from the Canadian Hong Kong community about the activities of the ETO in Canada. Hong Kong is no longer meaningfully separate from the mainland, which raises questions about whether these offices have any legitimacy anyway.

Is the government reviewing the activities of the ETO as they relate to foreign interference?

René Villemure Bloc Trois-Rivières, QC

Thank you, Mr. Chair.

Mr. Aubertin‑Giguère and Mr. Bilodeau, I know that some choices will be made by regulation. However, when you wrote the work of poetry that is Bill C‑70, you must have had in mind a certain skill set for choosing the person who would become the transparency commissioner.

Can you comment on the experience and expertise the commissioner should have?

May 30th, 2024 / 8:55 a.m.


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Deputy Assistant Deputy Minister, Department of Justice

Heather Watts

Thanks, Sarah,

As my colleagues have said, the idea in Bill C-70 is to really build the tool kit for the government to respond to foreign interference. The work that Public Safety Canada has done to establish a registry is one piece, and obviously the proposed offences we have in the Security of Information Act are another part of that.

Some of the activity that we've seen reported in the media may already be conduct that is criminal activity, but some of it may not. One of the things that Bill C-70 is trying to do is to bridge that gap a little bit.

In particular, I would point you to the new proposed offence that would be in 20.3 of the SOIA, which is conduct or an omission or committing an offence for a foreign entity. The underlying conduct there doesn't itself already have to have been a criminal offence. There's a distinction between two of the offences we're proposing. Part of what we seek to do is make things that are tied to foreign entities, that are a threat to Canada, that harm communities, offences in a way that is not currently captured by the law.