Mr. Speaker, I would like to speak on Group No. 6, the motion specifically dealing with information and the designation of a certain class of individuals.
The motion should be rejected by the House for a number of reasons. As it is right now, a person would be permanently bound to secrecy if the person is a current or former member or employee of a scheduled entity or if designated by a deputy head and personally served with a notice to that effect. The criteria for designating a person to be permanently bound to secrecy is twofold: first, if the person has, has had or will have authorized access to “special operational information” and, second, if it is in the interests of national security to designate the person.
Also, new offences, in particular sections 13 and 14 of the Security of Information Act, create a special regime for those persons who have a privileged access to the most vital information, special operational information, and criminalizes on their part the unauthorized disclosure, or purported disclosure, of this narrow band of information going to the essence of Canada's national security.
As well, the security and intelligence community has certain operational requirements that need to be fostered and respected. These operational requirements include an ability to ensure secrecy and project to others that they have the ability to protect the information entrusted to them.
While the person is designated for life, the character of the information may change. The definition of special operational information makes it clear that it is information the Government of Canada is taking measures to safeguard from disclosure.
The issue goes to the heart of what the bill is all about. The intent of the bill is to create a situation whereby we would have what we call a pre-emptive action in regard to a potentially destructive action by a group of terrorists whose main objective is to destroy our democracies, destroy our lives and disrupt the way in which we conduct our business.
Let us say, for example, that one of our law enforcement officers is authorized to seek information from a second or a third source and that officer is to give assurances and a clear commitment that the source of the information will not be disclosed. I am at a loss as to how we would turn around and say that we will protect the source of information and the individual or the entity that has given us the information but we will do so for only 15 years and then after that it is fair game, the information will become public.
Frankly, I would take the position that this amendment would render this whole section of the bill, and in fact the whole of the legislation, irrelevant. It would not really allow us to put into force what we are trying to do, that is, to create a preventive mechanism so we can ensure the safety of our citizens and others around us. In essence, while the intent might be good the result of it is absolutely counterproductive and fairly disruptive.
I ask members to consider that some of the operational work our officers get involved in is very sophisticated. Their work involves a whole range of things such as decoding information, looking at encrypted data being transmitted, the interception of information and so on.
Imagine for a moment if we were to say that whatever technique an individual officer or particular entity is using is going to be made public within 15 years. Frankly, that would not serve the public interest. It would not serve national security. Nor would it serve our law enforcement officers who are entrusted with the job of ensuring that our communities are safe and our nation is protected from those who have ill-conceived ideas and ideologies.
My submission is that as it is the bill goes a long way in creating a balance between what we call the public safety, the protection of information, and on the other side the respect for the individual and the privacy of the individual. At the same time it creates a situation whereby, notwithstanding anything, when we test it against Canadian values it will stand up and there will be no problem.
Even the Canadian Charter of Rights and Freedoms would mean nothing if the security of the nation as a whole were threatened. We have to ensure that we have a balance whereby we continue to respect the individual's rights to expression, to privacy, to the ability to move, to the ability to practise his or her religion, to the ability to associate. We also have to ensure that public safety and the will of the people have not been infringed on in a way that would create a situation where our democracy would be threatened. Once our democracy is threatened, notwithstanding any law, those laws will become irrelevant if our society is to be faced with a situation where the very heart of it, its raison d'être, is threatened.
All I am trying to do in a long-winded way is bring home the point that we have to ensure that our law enforcement officers have the necessary tools to conduct their jobs, to do their work in an effective and efficient manner. Having said that, we have to protect the information, the mechanisms, the entities and the identities of those who provide those special operations. We have to protect them forever if we are really sincere about trying to set up a system with the proper integrity.
We are not talking about any kind of information. We are talking about information that affects national security, that affects the national standards and affects the safety of Canadians. When there is a national risk to our safety, under those circumstances automatically those people may fall into this particular category. To turn around and say that we are going to have an open field and a free-for-all, I do not think that is going to be productive at all.
On the whole, the bill is balanced. The act will be reviewed on an ongoing basis. If and when it comes to the attention of the government that there are issues which need to be addressed, they will be addressed.
The best thing the House can do is pass the legislation as quickly and as efficiently as possible so it can move into the other house. Then we can make it a law and fulfill our commitment on the United Nations statements.