Mr. Chair, I agree with that. I would just note that the established definition of threats to the security of Canada are used in some of the consequential amendments. It seems to me that should be adequate enough to have fairly robust sharing of information.
I also worry a bit about section 5 with the reference to detection, identification, analysis, prevention, investigation, or disruption. I agree that there is a reading of section 5 that says that everyone who receives the information is limited to their existing jurisdiction in law, but this reference to detection, identification, analysis, prevention, investigation, or disruption could be used by 1 of the 17 who are sitting in institutions, perhaps misinterpreted, to extend its jurisdiction.
Given the fact that 14 out of the 17 are not subject to any independent review, and given that their interpretation of section 5 will be sheltered from public review by solicitor-client privilege, I come back to Professor Forcese's point that we need to devise legislation that withstands erroneous judgment.
If there are legitimate concerns—it could go one way, it could go another way—I would think the committee should try to make this legislation tighter. We think it can be made tighter by going back to section 2 of the CSIS Act, and by going through section 5 and being even more precise that a recipient institution is only limited to its existing jurisdiction in what it does with the information that it receives.
I would note with section 6 that I have heard no justification from the government about section 6 and the potential that section 6 can authorize foreign information sharing. The only restriction in section 6 is that the disclosure be in accordance with law.
Section 8 of the Privacy Act contains very large exemptions or justifications for disclosure. I come back to the Arar case, I come back to that issue, and section 6 as well as section 5 have some troubling issues.