Bill C-51 is looking to increase the ability of law enforcement to stop terrorists before they strike, as I was mentioning. This includes expanding the ability to require various sureties and conditions of recognizance, including the surrender of one's passport and the requirement to remain in a given geographic area, similar to the way it could be used in a law enforcement sense now. Since these actions would be done with judicial oversight and approval, these reforms seem to balance the need for security with the need for due process and civil rights.
Since multiple sections of this bill would make it more difficult for radicalized individuals to travel, you should also consider how the government and civil society can deradicalize or prevent the further radicalization of individuals who are no longer allowed to leave Canada.
Finally, Bill C-51 not only provides CSIS with the authority to collect and analyze intelligence on threats to Canada, but it also allows it to “take measures, within or outside Canada, to reduce the threat”. Such actions are subject to judicial oversight and approval as well as review by the Security Intelligence Review Committee. Some have suggested that more oversight is needed. This is, perhaps, one of the most significant changes in the law, as it seems to me to reverse the decision Canada made following the McDonald commission to split intelligence from security actions. In the U.S. experience, adding a new and different responsibility to an organization can be a challenge. For example, the FBI is the primary organization dedicated to counterterrorism investigations. Following 9/11, it was required to increase its intelligence capabilities, resulting in the creation of a national security branch under the directorate of intelligence. The FBI has a certain culture, a culture of special agents and law enforcement that drives it to investigate past wrongdoing, build a case, and seek a conviction. Intelligence, however, looks at threats that could be coming down the line and seeks to use unclear pieces of intelligence to prevent threats and gain additional intelligence. It's the difference between an analyst and an agent. Right now, the agent culture is still very dominant at the FBI. This isn't to say the FBI hasn't made great strides. It has. It's important to recognize that adding a new responsibility to CSIS will not necessarily be easy or quick, even though it may be necessary and important.
Overall, we found this bill to have sound principles and policies. This bill seeks to better share information and prevent the commission of terrorism. We hope that our testimony in providing the U.S. experience will inform your work on this bill.