Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, it is my pleasure to join the debate today.
As a Canadian Conservative, I view with alarm any development or operation of government that extends its reach into the daily lives of Canadians. Big government and faceless bureaucracies are the purview of the socialist, left-wing, left-of-centre governments and their supporters. It was Big Brother who implemented the hated long gun registry. Big Brother is responsible for forcing rural Canada, without consultation and at great cost to taxpayers, to accept industrial wind turbines in their rural communities. It is Big Brother who would be listening to private conversations.
I am pleased to assure my constituents in Renfrew—Nipissing—Pembroke that when it comes to the creep of Big Brother and big government, I will oppose anything that reduces their privacy and the privacy of all Canadians. Within limits, I will not, at the same time, compromise the safety and security of Canadians.
As the member of Parliament for Renfrew—Nipissing—Pembroke, which includes Canadian Forces Base Petawawa, I understand the importance of reliable intelligence in a dangerous world. This is particularly important when Canadian Forces personnel are sent overseas and put in harm's way. Our military require the proper intelligence to assess security threats. The women and men of the Canadian Armed Forces have a dangerous job. Let us make sure we do nothing to make it any more dangerous.
I thank the mover of today's motion for the opportunity to discuss the importance of the work done by the Communications Security Establishment Canada, CSEC, on behalf of the Minister of National Defence and all Canadians. In a perfect world, we would not need CSEC. However, it is a dangerous world, and in order to keep Canada safe, we have to keep one step ahead of those who would do us harm.
Canadians understand that CSEC was legislated by the mover of today's motion while his party was in power. Flawed legislation, Big Brother government, and not listening to the concerns of Canadians led to his party being reduced to third party status in the House of Commons.
If there were gaps or shortcomings in the way CSEC operated, as a right-of-centre Conservative, I would be one of the first to be critical. Under our Conservative government, CSEC respects and is bound by Canadian law, including the Canadian Charter of Rights and Freedoms, the Privacy Act, and the Criminal Code of Canada.
By law, CSEC can only undertake activities that fall within its mandate. CSEC fully respects these legal parameters and authorities under which it operates under the National Defence Act. CSEC cannot direct its foreign intelligence or cybersecurity activities at Canadians anywhere in the world or at any individual Canadian. CSEC is specifically required to apply measures to protect the privacy of Canadians in the execution of its foreign intelligence and information technology security activities.
CSEC may assist federal law enforcement and security agencies under their legal authorities, such as any applicable court warrant.
The independent CSEC commissioner, an esteemed retired or supernumerary judge, reviews all CSEC activities and has never found CSEC to have acted unlawfully. Among the former commissioners are Supreme Court justices and one chief justice of Canada's highest court. The current commissioner is the Hon. Jean-Pierre Plouffe, appointed on October 18, 2013. While he reports to the Minister of National Defence regarding CSEC's activities, he does not take direction from the minister, the government, or CSEC.
The office of the commissioner is independently funded by its own budgetary appropriation from Parliament. It is the CSEC commissioner who decides independently what activities will be reviewed. The resources of the office of the commissioner are comparable to other similar review bodies.
In order to review the agency's activities, the commissioner is supported by an expert staff. The office has 11 full-time employees and contracts additional subject matter experts as appropriate and when required.
The commissioner and his staff have full access to CSEC employees, records, systems, and data and have the power to subpoena if necessary. The resources of the commissioner are also solely focused on one organization.
Since 1996, the commissioner has regularly reviewed CSEC activities for compliance with the law and protection of privacy and has made helpful recommendations to improve CSEC's programs. In other words, the commissioner has a sharp focus on compliance with the law and the protection of Canadians' privacy.
The commissioner's findings and recommendations for each of the reviews he undertakes during the year are sent to the Minister of National Defence. The classified report is necessary to provide a full account to the minister while at the same time protecting sensitive operational information under the Security of Information Act. The commissioner also submits an annual unclassified report on his activities to Parliament.
In addition, the commissioner is also available to appear before Parliament at any time. He most recently appeared before the Senate Standing Committee on National Security and Defence in December to talk about his role. The commissioner spoke positively about his ability to fully review CSEC activities, his access to systems and staff, and the resources that are allocated to his office to undertake his important duties.
To date, CSEC has implemented all of the commissioner's recommendations related to privacy and is in the process of implementing recommendations from the most recent reviews.
If the commissioner encounters any activity that he believes may not be compliant with the law, he is obliged under our legislation to inform both the Minister of National Defence and the Attorney General, who will perform their own assessments of whether CSEC has broken the law. The commissioner also has a mandate to receive information from CSEC employees if they believe it is in the public interest to release special operational information about CSEC. This provides an avenue for employees to come forward with any concerns they may have without breaching the Security of Information Act. To date, no such complaints have been received.
To reiterate, the commissioner has never found CSEC to have acted unlawfully. In fact, he has specifically noted CSEC's culture of lawful compliance and genuine concern for protecting the privacy of Canadians. Like other departments, CSEC is subject to review by the Auditor General, the Privacy Commissioner, the Information Commissioner, the Commissioner of Official Languages, and the Canadian human rights commissioner. In addition to external review, CSEC's internal audit, evaluation, and ethics directorate also conducts regular reviews, and these reports are reviewed by an external departmental audit committee.
All of these forms of review help to reassure Canadians that CSEC and its staff respect and follow the law and protect the privacy of Canadians in performing the important roles in collecting foreign signals intelligence in addition to protecting the Government of Canada's important computer systems and networks.
CSEC's activities are also guided by legislation that was implemented through amendments to the National Defence Act in 2001. This legislation established CSEC's mandate in statute and included special measures to recognize the unique operating environment of CSEC.
Given the complex and global nature of cyberspace and telecommunications, CSEC's foreign intelligence and cyberprotection activities sometimes risk the incidental interception of the private communications of Canadians. This happens because there is no way to know in advance with whom foreign targets will communicate, including people in Canada.
The National Defence Act recognizes this. Under the law, and solely for the purpose of fulfilling CSEC's mandate to obtain foreign intelligence or protect Canadian networks, CSEC must obtain an authorization from the minister for any activity that may risk the incidental interception of private communications. These authorizations are valid for up to one year and are subject to strict conditions, which include measures to protect the privacy of Canadians.