House of Commons Hansard #177 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was terrorism.

Topics

Anti-terrorism Act, 2015Government Orders

3:55 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, in his speech the member alluded to the fact there is no immediacy with this and that we should take a year to debate this kind of bill. I wonder how many incidents have to happen before a bill like this is necessary. How many threats does this country have to receive, how many incidents have to happen, how many times does it have to happen internationally before this House should be vigilant, take action, and make sure the legislative tools are in place for our security forces to ensure that the next incident is not one of catastrophic proportions? That is what this government is trying to do right now. Why would he want to delay that?

Anti-terrorism Act, 2015Government Orders

3:55 p.m.

NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, to answer that I think I would go back to another generation, my father's generation, and the individuals who went to fight for our freedoms and values in the Second World War. They did not fight there to lose those values or to see them taken away by legislation in the House. Therefore, when we deal with those types of issues, when we think of the 50,000 individuals who died in the Second World War while standing up for those rights and freedoms, then we of course deal with this very carefully.

What the government has proposed does not allow us to do that. The legislation is far too broad. I have pointed out a number of areas that we need to work on. If the government does not want to work on these, if it continues in the same fashion it has had with all the other legislation it has brought before Parliament in the last four years of its majority term, this simply will go ahead.

Anti-terrorism Act, 2015Government Orders

4 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the New Democrats have been relatively clear in their position that they will vote against this bill in the House. Outside the House the leader of the New Democratic Party has now indicated that he would not scrap the bill if the NDP were elected, but that he would definitely make some changes to it.

The position of the Liberal Party has been that the legislation includes initiatives that are ultimately worth passing, but that the bill falls short. There is a real need for amendments, one of them with respect to parliamentary oversight, an issue that I have raised time and again when asking questions today.

Therefore, my question for the member is this. Can he explain to the House the actual position of the NDP? If they were to form government, is the leader of the New Democrats right when he said that they would not scrap the legislation they so adamantly oppose today?

Anti-terrorism Act, 2015Government Orders

4 p.m.

NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, the reality of what we will do with this bill will be clear tonight when we vote against it. That is very clear. There will not be any question about what our motives or our intentions are tonight. We will vote against it.

The Liberals are the ones who are jumping up and down and squirming in their seat trying to figure out how they can both support and not support it. We do not like this legislation. We do not think it is proper. We will vote against it tonight.

Anti-terrorism Act, 2015Government Orders

4 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. friend from the Northwest Territories for his presentation, and the official opposition for standing against this legislation.

Having read and reviewed it, the more I look at the bill the more I find bizarre provisions within it. I want to highlight one of them, which is that this bill authorizes CSIS to operate outside of Canada, but only requires that it get a warrant if it plans to break a domestic law. I do not know if the official opposition has studied this to figure out if CSIS has any restrictions whatsoever, except for it not to cause bodily harm, kill anyone, or violate their sexual integrity, if it intends to go to another country and break the law there.

Anti-terrorism Act, 2015Government Orders

4 p.m.

NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, Bill C-44, the bill that went through the House previously, gave CSIS the ability to work outside the country and only obey Canadian laws. That is something that other international spy agencies do, but we have not done so in the past. Now we have a situation where we will do this type of work, which will obviously come back on us should others do the same to us.

I think Canada has changed its whole international perspective of trying to bring countries together and conciliate into an incredible jingoistic approach, a man-with-a-big-hat-and-no-cattle approach.

Anti-terrorism Act, 2015Government Orders

4 p.m.

Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, it is truly an honour to rise today to speak about such important and noteworthy legislation. The anti-terrorism act, 2015 proposes changes that hold great promise in terms of enhancing Canada's capacity to confront the terrorist threat.

Let me be clear. The international jihadist movement has declared war on Canada and her allies. This is because they despise modern society. They would take away rights for women. They would go back to barbaric, theocratic laws. On this side of the House, we will not stand for any action or inaction that gives these terrorists any power in the world, though some on the other side of the House may disagree.

During my time today I could speak at length about any one of a number of meaningful changes that will help us address the threats our country faces at the hands of violent extremists and individuals who travel abroad for terrorist purposes. Specifically, they include the need for measures to counter advocating terrorism on the Internet; amendments to the Immigration and Refugee Protection Act to better protect classified information for immigration proceedings; the expansion of the passenger protect program as a further step in confronting the challenge of terrorist travellers, including the creation of a robust legislative basis for the program; and an enhanced mandate for CSIS that would see it move beyond playing a passive role of intelligence gathering to a role that would include threat disruption activities, thereby bringing it closer in line with the mandates of Canada's allied agencies.

Indeed, the bill addresses all these areas and more. However, today I want to focus my remarks on another area, one that, while perhaps not immediately obvious, would have clear benefits in helping us strengthen our overall national security framework. The element I am referring to includes changes that would enhance information sharing practices across federal government departments and agencies.

It is becoming quite clear that the current legal framework governing information sharing can, in some instances, prevent or impede the sharing of information when national security interests are at stake. Therefore, we have proposed some very prudent and measured changes that would allow government departments and agencies more latitude to share information, when appropriate, for reasons of national security.

Part of living in a free and democratic society means having defined legal limits on how government institutions treat the information in their possession. Indeed, information sharing is rightly limited by important laws, such as the Canadian Charter of Rights and Freedoms and the Privacy Act. Our federal institutions take their obligations very seriously when it comes to protecting information.

In addition to the charter and the Privacy Act, to which all government institutions are bound, institutions are also subject to their own specific mandates and legal regimes governing information sharing practices. These often include explicit limits on how information can be shared. While we all understand why such measures are in place, we can no longer allow them to impede any activity that has the real potential to significantly contribute to our national security.

As one example, the Department of Public Works and Government Services is limited in how it can share information related to people and companies that deal in controlled goods, such as weapons and military equipment. At times, such information could well be germane to national security threats, yet we are not in a position to share it for those purposes. I am confident that we can all agree that this raises serious concerns, from a national security perspective.

We can, and we must, do better. Given the current environment, permeated with the real and persistent threat of terrorism, it is vital that these institutions be in a better position to work together more effectively.

It helps if we think about it as a puzzle. In the course of carrying out their responsibilities and mandates, different organizations collect information that, on its own, serves a specific purpose, but these organizations may come across specific information from time to time that they feel raises concerns from a national security perspective. If these organizations can share that information, government organizations with legal mandates related to national security can more effectively put those pieces together and create a more complete picture of a given threat so that appropriate action can be taken.

Simply put, the current framework for our federal institutions is not as conducive to information sharing for national security purposes as it needs to be, owing to particular complexities and restrictions.

Our government is convinced that taking steps to rectify these gaps and restrictions would help us better protect Canadians and Canadian interests. Security needs must be taken into consideration, and information needs to be more effectively and rapidly shared among federal government partners.

With this new legislation we have the opportunity to provide for that by explicitly authorizing information sharing within the Government of Canada for security of Canada purposes. In this way, we could provide clear authority to all federal institutions to disclose information, either proactively or in response to a request, to designated recipient institutions. To be clear, these designated recipient institutions would only be those with clear responsibilities or jurisdiction related to Canada's national security. Further, it is worth noting that the new bill would not require that information be shared. Rather, the holder of the information would retain discretion as to whether or not to share.

We have proposed amendments to certain existing acts, as well, to resolve barriers. For example, an amendment we have proposed to the Customs Act would mean that CBSA would be legally permitted to share customs information with Citizenship and Immigration Canada for the purpose of administering or enforcing a Canadian passport order when national security was involved.

Members of the House will know that the Strengthening Canadian Citizenship Act was passed in July 2014 to provide authority to revoke the citizenship of dual nationals involved in activities that jeopardize the security of Canada. It is essential for officials of Citizenship and Immigration Canada to have the right information to enforce this new authority, and this amendment would help to allow for that.

Before I conclude, I want to note that our government is confident that our federal government institutions will take up and use this new information sharing authority responsibly and with due regard for the charter and legal requirements. They will respect the fine balance between privacy and security, just as Canadians expect.

It is important to note that independent review bodies, such as SIRC, the Office of the Communications Security Establishment Commissioner, and the Civilian Review and Complaints Commission for the RCMP, as well as the Privacy Commissioner and the Auditor General, will provide an important counterbalance to the new authorities provided in Bill C-51.

As always, our government stands ready to take appropriate action to protect the safety and security of Canadians at home and abroad. This legislation is further proof of that commitment.

I urge all hon. members to support us as we take this important step forward to strengthen Canada's national security.

Anti-terrorism Act, 2015Government Orders

4:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the more I go through the bill, the more I have to wonder if this omnibus legislation should not be called the national information sharing and intervention against ordinary Canadians act.

What is most concerning to Canadians and experts, particularly legal experts, privacy experts, and anti-terrorism experts, as they go through the bill is the fact that the government has put together a lot of measures that go far beyond the measures to be expected in responding to terrorism threats. One such person is the Privacy Commissioner of Canada, who has warned that the act may allow departments and agencies to share the personal information of all individuals, including ordinary Canadians, who may be suspected of terrorist activities. He is deeply concerned. He says that the bill is not clear about whose information would be shared with national security agencies, for what specific purpose, and under what conditions, including applicable safeguards.

I need only point out to the hon. member that the first part of the bill, the security of Canada information sharing act, lists nine instances when activities arise when information can be shared between agencies. Only one of those nine is terrorism. The other eight situations have nothing to do with terrorism. The government is going to allow all of these agencies to share information, and there are no clear criteria, as pointed out by the Privacy Commissioner.

Could the member advise if the Privacy Commissioner was questioned, was met with, was consulted in drafting this legislation? If so, what was his advice?

Anti-terrorism Act, 2015Government Orders

4:10 p.m.

Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, the question was about the nine agencies listed.

I gave the example, in my speech, of Canada Border Services Agency. If a Canadian was suspected of being a terrorist, this legislation would allow CBSA, at its discretion, to share that information with the relevant authorities. It would give law enforcement agencies the tools they need.

Anti-terrorism Act, 2015Government Orders

4:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, people outside of this chamber, even beyond our borders, have recognized that there are issues related to the protection of rights and individual freedoms. People have legitimate concerns. As a political party, we have been pushing having parliamentary oversight as one of the mechanisms that would ensure that the rights and freedoms of individuals were protected.

Why does the government appear to be so adamantly opposed to what other countries, such as the United States, England, and Australia, have already done and put in parliamentary oversight? Why does the current government want to prevent Canadians from having the same sort of oversight other nations already have? I do not understand the Conservatives' logic.

Anti-terrorism Act, 2015Government Orders

4:15 p.m.

Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, when I spoke I mentioned the independent review agencies that are responsible for the robust oversight of the anti-terrorism measures CSIS would take. The obvious one is SIRC, the Security Intelligence Review Committee. There are the Office of Communications Security Establishment Commissioner, the Civilian Review and Complaints Commission, the Privacy Commissioner, and the Auditor General. It was decided years ago, when there was a Liberal government in Canada, that the oversight should be independent and third party, as opposed to being done by parliamentarians.

What we need to remember is that Canada is being targeted because these terrorists hate our society and what we stand for. This legislation would give our law-enforcement and security agencies the tools they need to deal with this very real threat.

Anti-terrorism Act, 2015Government Orders

4:15 p.m.

NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, we all recognize the serious threat posed by terrorism. It poses a very real threat that we need to address in a thoughtful, effective manner.

Unfortunately, not only does Bill C-51 leave out measures that have proven effective against radicalization and terrorism, but it also contains provisions that pose a threat to our freedoms and our democracy.

It goes without saying that Canada needs to identify and stop potential terrorist acts. However, we already have the mechanisms needed to do so. Our institutions have powers allowing for surveillance, intelligence gathering, immigration checks, preventive detention, arrest and imprisonment. What they do not have are the resources needed to enforce the existing laws.

Jeff Yaworski, the assistant director of operations at the Canadian Security Intelligence Service, told the Senate Committee on National Security and Defence that, because of limited resources, CSIS is incapable of properly monitoring the 80 Canadians suspected of being terrorist sympathizers who went abroad and then returned to Canada. CSIS therefore does not have the resources it needs.

The Commissioner of the RCMP, Bob Paulson, also testified at the Standing Senate Committee on National Security and Defence, and he said that resources were also an issue for the RCMP-led integrated national security enforcement teams. He said:

...over 300 additional resources were transferred in to enhance the capacity of INSETS from other federal policing priority areas such as organized crime and financial crime.

Despite our legislation and our systems, we are lacking resources. We are being forced to give up on things such as fighting organized crime—another security issue—rail safety, food safety and public safety. The Conservative government is doing a poor job of dealing with these issues.

Instead of allocating resources where they are needed, this government has introduced a bill with such vague terms that it would allow the government to legally spy on its political enemies or civil society groups that are opposed to the government's political plans.

Under this bill, anything that interferes with Canada's economic or financial stability or infrastructure or undermines Canada's territorial integrity may be considered an activity that undermines national security.

A Federal Court judge, at an in camera meeting where only the government is represented, could authorize the Canadian Security Intelligence Service to take any appropriate action warranted by the circumstances in order to reduce threats to Canada's security. We want to reduce threats to Canada's security. However, the definition in this bill is so broad that it no longer has anything to do with terrorism. Furthermore, the judge could authorize these measures even if they breached the law and the Canadian Charter of Rights and Freedoms.

Does this mean that a protest against an oil pipeline, for example, could be considered as interfering with infrastructure and thus a threat to our security? Could this be considered terrorism?

The Minister of Public Safety and Emergency Preparedness is always telling us that the act does not apply to lawful protests or artistic expression. However, in Montreal, major protests are sometimes declared unlawful when in progress because the participants did not want to provide the route. Does that make them terrorists? These protests often take place in the riding that I am pleased to represent.

When an environmental group climbs a tower to put up a banner, that does not represent a threat to Canada, but it does not fall within the Minister of Public Safety and Emergency Preparedness's definition. We have to wonder whether this leaves the door wide open to spying on these individuals and taking what the government calls preventive measures.

We can see how this government treats people who oppose it. The Canada Revenue Agency is practically harassing people, the government is cutting funding and there are all kinds of other measures. A lot of people, from environmentalists to aboriginal groups to various civil society groups, are very concerned, and rightly so.

Meanwhile, the whole bill is very vague. It proposes that we make it illegal to promote terrorism in general. Of course no one wants to promote terrorism, but why add “in general”? For example, will this affect journalists who might give very neutral and objective reports on what groups considered terrorist groups are demanding? Will that fall under this category? The bill is not clear. That is why people are worried.

What is worse, the bill gives the Canadian Security Intelligence Service police powers, without any explanation for why this is necessary. In the 1970s, after a number of cases of abuse, in particular in response to the events of the October crisis, the government rightly separated intelligence services and police services for good reason, after detailed analyses. Now, all of a sudden, this government wants to give police powers back to the intelligence services, which have an essentially secret mandate and much less public accountability. That is why a respectable newspaper like The Globe and Mail, which no one can accuse of anarchism or leftism, talks about the Prime Minister's secret police.

Lastly, to top it all off, although the bill grants additional powers to the Canadian Security Intelligence Service, it does not contain any measures to enhance oversight, although that is definitely necessary. This could put us in line with many of our partners and allies who also have mechanisms of oversight by elected representatives, to ensure that all mechanisms are working. We know that the existing oversight body is working with limited resources. It has not always been able to obtain the relevant information from the Canadian Security Intelligence Service. We also know that the Prime Minister appointed Arthur Porter to lead that body, a man who is now facing numerous charges himself.

I only have a minute left but I want to point out that, while President Obama invited representatives from around the world to Washington last week to discuss community-based initiatives to prevent radicalization, this bill is completely silent on that topic. It is an extremely important issue, however. We must work on prevention.

As a final point, since I do not have time to talk about everything here, I want to say that it is important to have a debate in the House. It is extremely important for Canadians to really understand this major issue that we are dealing with. However, it is clear that the government is constantly muzzling us with its many gag orders.

Anti-terrorism Act, 2015Government Orders

4:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to continue on a point that I think is important. The member from St. John's East said earlier today that the NDP is “clearly not going to support” this legislation, “nor would we keep [it] in place if it is passed.”

That is what the NDP is saying inside the House of the Commons.

Outside of the House of Commons, the leader of the New Democratic Party says something different. He does not say that the NDP is going to scrap the legislation; he said in a interview with Tom Clark of Global News that the NDP would change it.

Does the member not see the inconsistency in what the NDP is saying inside the House versus what it is saying outside the House? Perhaps she could provide some clarification on that point, not on how the NDP is going to vote on this legislation but what it would do if it passes. Would the NDP scrap it or would it amend it? One member says inside the House that the NDP will scrap it, but the leader says they would change it.

Anti-terrorism Act, 2015Government Orders

4:25 p.m.

NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, I think we have been very clear. We do not like the legislation. When we form government, we are going to change it, because we do not like it. We are going to vote against the legislation.

I think it is a bit rich for the member to talk about something like incoherence when his party says that it does not like the legislation but is going to vote for it anyway.

As they say, “we see the mote in our neighbour's eye, but not the beam in our own”.

Anti-terrorism Act, 2015Government Orders

4:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I noted that at the outset of her remarks on the bill, my colleague raised concerns that have been raised by a number of people, including the Commissioner of the RCMP. They are concerned about the shortage of resources and the RCMP's having to second additional people in just to deal with the mandate they have currently.

It would be of interest to the House that I had a constituent come to me deeply disturbed because the RCMP, which was about to file charges with the prosecutors in a serious securities fraud case, suddenly wrote to my constituent to say it was not undertaking that case because it was not going to be continuing its commercial crime sections. There is now this new division called “federal serious and organized crime”. That raises the concern that the RCMP, our main national investigation authority, is already facing serious problems.

Is the current government now turning to CSIS to fill some of that vacuum, or are we going to have a problem that the main body that we have appointed and have appropriate controls on is now no longer able to deliver its mandate because it is under-resourced?

Anti-terrorism Act, 2015Government Orders

4:30 p.m.

NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, I think that the lack of resources is a critical point, and that is very typical of the Conservative government. They have a lot to say, and they want to make sure everyone hears them, but they do not follow up with resources or action. The first thing they need to do is provide resources. The case that my colleague talked about is very interesting.

As to the fight against online pornography and child pornography, the people across the way talk an awful lot, but they are not coming up with the resources needed to do the work, even though that is critical.

Anti-terrorism Act, 2015Government Orders

4:30 p.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, the first part of Bill C-51 provides definitions of terrorist activities. The definitions are so vague they could potentially cause problems. For example, a Canadian journalist interviews a terrorist leader abroad, then runs the interview in Canada: that is a terrorist activity. A group of fishers who think the environment in their region is in jeopardy decide to use their small boat to stop an industrial activity in local waters: that is a terrorist activity. A Canadian public servant deems the clandestine operations of security forces to be undemocratic and he blows the whistle to opposition politicians: that is terrorism. Canadian academics, researchers, travel abroad, discuss global warming and share Canadian information: that is terrorism.

Is that acceptable in a free and democratic society?

Anti-terrorism Act, 2015Government Orders

4:30 p.m.

NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, I thank my colleague for the question. As there is not very much time left, I will not repeat all the examples he provided.

Indeed, this is the concern. The bill is so vague that it can give rise to just about anything. Just yesterday, people in my riding told me that they did not trust the Conservative government at all, knowing what it is capable of.

Anti-terrorism Act, 2015Government Orders

4:30 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Algoma—Manitoulin—Kapuskasing, Status of Women.

Resuming debate, the hon. member for Elmwood—Transcona

Anti-terrorism Act, 2015Government Orders

4:30 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, I am pleased to speak to Bill C-51, the anti-terrorism act, 2015.

This is not the first legislation that the Government of Canada has introduced to keep Canadians safe from terrorist acts. Following the terrorist acts of September 11, 2001, Parliament passed the Anti-Terrorism Act, which provided a good response to the terrorist threat as it was then. However, if we fast-forward 14 years, we can see that a lot has changed in the threat environment

Today we know that groups, like the Islamic State of Iraq and the Levant, are actively encouraging their followers to carry out acts of violence against western nations, including Canada. We know that individuals in Canada are radicalizing to violence, advocating for others to join them, and attempting to leave Canada to train, recruit and participate in terrorist activities abroad. The recent arrests and terrorism-related charges laid by the RCMP of individuals in Ottawa and Montreal are a testament to that reality.

It is clear that the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because the terrorists hate our society and the value it represents.

Jihadi terrorism is not a human right; it is an act of war. That is why our Conservative government has put forward measures that protect Canadians against jihadi terrorists who seek to destroy the very principles that make Canada the best country in the world to live.

In order to effectively deal with these rapidly changing threats, our anti-terrorism laws must change as well. That is why we have made it a key priority to introduce measures in recent months to give our national security agencies the tools and resources they need to keep Canadians safe from terrorist threats.

This includes passing the Combating Terrorism Act to make it a criminal offence to travel for the purpose of terrorism. It includes passing the Strengthening Canadian Citizenship Act to establish a new authority to revoke Canadian citizenship from dual nationals who are convicted of an act of terrorism. It also includes introducing the protection of Canada from terrorist act to confirm that the Canadian Security Intelligence Service can conduct its intelligence gathering on threats to Canada outside of our borders.

We continue to take proactive measures to counter violent extremism, working closely with leaders in communities to help them identify early warning signs of radicalization to violence and build resiliency against the terrorist narrative being broadcast from extremist groups around the world. The legislation before us is one more way that we are addressing the terrorist threat.

The elements within the bill fall under the purview of the Minister of Public Safety and Emergency Preparedness and the Minister of Justice. However, for my time today, I will look in more detail at the elements that fall under the Minister of Public Safety and Emergency Preparedness. Those elements will strengthen Canada's national security in a number of ways.

First, the bill would create the security of Canada information sharing act, which would improve how information related to national security would be shared across federal departments and agencies. As it stands today, some information that could be critical to a national security investigation, such as immigration records or passport information, cannot be shared by the agencies involved due to legal restrictions in place. This new act would remedy this by removing specific prohibitions and giving federal institutions the authority to share information as it relates to national security in a responsible manner that respects both the need to keep Canadians safe and to safeguard their privacy rights.

The bill would also enact the secure air travel act, which contains measures to address terrorist travel. As I mentioned at the outset, we know that individuals are leaving or attempting to leave the country to take part in terrorist-related activities. With a stronger passenger protect program in place, authorities would have more tools to help them address these threats, including the ability to deny boarding or ensure the individual would be subject to additional physical screening at the airport.

Under the secure air travel act, the Minister of Public Safety and Emergency Preparedness and the Minister of Transport would work together to ensure individuals who caused a security risk would be identified and that air carriers would be taking appropriate actions, as directed, to manage these risks.

The legislation also contains measures that would enhance the mandate of CSIS.

As we have heard during debates on the protection of Canada from terrorist acts, CSIS is a key security agency that works abroad to collect and report intelligence on threats to the security of Canada outside of our borders. We believe it must be given an expanded mandate to move beyond being Canada's note takers. As such, this bill proposes to provide CSIS with the authority to actively disrupt threats to the security of Canada, within Canada or outside Canada. The new authorities of CSIS will be subject to robust safeguards to ensure that they are used responsibly, proportionately and, most important, in a manner that is consistent with the CSIS Act, the Canadian Charter of Rights and Freedoms and the fundamental principles of democratic accountability that Canadians expect.

Finally, I will speak to the changes proposed to Division 9 of the Immigration and Refugee Protection Act, IRPA. As we have heard, Division 9 of IRPA, although not used frequently, can help the Government of Canada ensure that non-citizens who pose a threat to our national security are denied entry or status. To this end, the legislation before us includes limited changes that would ensure Division 9 would continue to be used in a fair and effective manner, while better protecting classified information used in immigration proceedings.

The bill accomplishes this by proposing two changes.

First, it would authorize the Minister of Public Safety and the Minister of Citizenship and Immigration to appeal or seek judicial review of orders to publicly disclose classified information while a proceeding is under way. This is critical because, today, the ministers have to wait until the proceeding is finished before being able to appeal. This new authority would halt the public disclosure of classified information until a determination of a potential harm of disclosure could be made.

Second, the bill proposes changes to the law in order to clarify the information that forms part of Division 9 cases before the Federal Court and the Immigration and Refugee Board. With this change, only specific information can be included as part of the proceedings. This means information that is relevant to the case, information that the government relies on to make its case and information that allows the non-citizen to be reasonably informed about the case.

The bill before us is another important initiative to strengthen our country's national security. It will complement our existing counterterrorism measures and demonstrate Canada's leadership in taking a proactive stand against acts of terror.

I urge all members to support the anti-terrorism act, 2015.

Anti-terrorism Act, 2015Government Orders

4:40 p.m.

NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, the anti-terrorism bill was introduced last Wednesday and the government introduced time allocation after only three speakers. We had less than one full day of debate and the government introduced time allocation.

Personally, I will not have an opportunity to speak to the bill. I have heard concerns about this bill in my riding, concerns about the lack of oversight and how the line between security and freedom has been blurred, and that is dangerous.

Again, the government has now introduced time allocation or closure on a bill 88 times, the most in history.

My question for the member is pretty straightforward. Why will the government not allow me to speak to the bill? Why is it limiting debate? If the hon. member could direct his answer to the people of St. John's South—Mount Pearl, they would love to hear the answer.

Anti-terrorism Act, 2015Government Orders

4:40 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, the first thing the member should do is speak to his whip as to why he is unable to speak to this. It is not my role to play as to his whip's choice of who will speak to a particular bill.

We so often hear this discussion about limited time. I have sat in the House over the last number of days listening to the members opposite speaking to this, spending half their time crying about the lack of time. If they would actually use their time wisely, maybe they could make the points they claim they are unable to make on the legislation.

Anti-terrorism Act, 2015Government Orders

4:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to pick up on the importance of the committee stage.

During the minority governments, the Conservatives were much more sympathetic to amendments. In previous majority governments, whether it was the Paul Martin or Jean Chrétien government, there was a great deal of respect for opposition members bringing forward amendments, and many amendments were passed. Since we have had a majority Conservative government, the Prime Minister's Office seems to say no to amendments, unless they are Conservative amendments.

Canadians as a whole support the need to improve this legislation. One of the most significant ways we can improve it is to have a parliamentary oversight committee established. I made reference to this earlier. It would protect the individual rights and freedoms.

Does the member believe, given the importance of the legislation, that the government will, at the very least, not only entertain but allow for some of these opposition amendments to see the light of day and, ultimately, be incorporated into the legislation, thereby giving Canadians stronger anti-terrorism legislation?

Anti-terrorism Act, 2015Government Orders

4:40 p.m.

Conservative

Lawrence Toet Conservative Elmwood—Transcona, MB

Mr. Speaker, one of the things they keep coming back to is the whole aspect of oversight, making it sound like there is absolutely no oversight whatsoever over CSIS. That is a complete fallacy. In fact, I have a quote here from Ron Atkey, the first chair of SIRC. He said:

Some of the instant critics...have missed the mark in decrying lack of oversight...regarding new powers of terrorism disruption to be given to CSIS, oversight is alive and well.

We believe that very strongly.

It is very interesting. We hear members from both parties across the way talking about the lack of funding and opportunities. As a government, we have increased funding to national security agencies in our country by a third, yet seven times the Liberals and NDP have voted against that increased funding. Then they stand in the House and decry the fact that there is not enough funding for these agencies.

They have to decide one way or the other whether they want the funding or do not want the funding, but please be consistent.

Anti-terrorism Act, 2015Government Orders

4:45 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, it is an honour for me to stand in the House today to speak on Bill C-51, our government's anti-terrorism act, 2015.

I am pleased to be here today to discuss this legislation that would protect Canadians from the evolving threat of terrorism and keep our communities safe. The world is a dangerous place. This was brutally demonstrated this past October when Canada was the target of two vicious separate terrorist attacks. The anti-terrorism act, 2015, would provide Canadian law enforcement and national security agencies with additional tools and flexibility to keep pace with evolving threats and better protect Canadians here at home.

In line with measures taken by our allies, this legislation shows that our Conservative government is taking additional action to ensure that law enforcement and national security agencies can counter those who advocate terrorism, prevent terrorist travel and the efforts of those who seek to use Canada as a recruiting ground, and disrupt planned attacks on Canadian soil.

The legislation before us today also includes checks and balances to ensure that it respects the rights of Canadians and complements other legislation passed by our government in order to better protect Canadians and secure institutions, including the Combating Terrorism Act and the Strengthening Canadian Citizenship Act. In brief, Bill C-51 includes a comprehensive package of measures that would criminalize the advocacy or promotion of terrorism offences in general, counter terrorist recruitment by giving our courts the authority to order the removal of terrorist propaganda online, enhance the Canadian Security Intelligence Service's powers to address threats to the security of Canada while ensuring that courts maintain oversight, and would provide law enforcement agencies with an enhanced ability to disrupt terrorism offences and terrorist activity.

It would also enhance the passenger protect program by further mitigating threats to transportation security and preventing travel by air for the purpose of engaging in terrorism. As well, it would make it easier for law enforcement agencies to detain suspected terrorists before they can harm Canadians and toughen penalties for violating court-ordered conditions on terrorist suspects. In addition, it would enable the effective and responsible sharing of relevant national security information across federal departments and agencies to better identify and address threats. It would ensure that national security agencies are better able to protect and use classified information when denying entry and status to non-citizens who pose threats to Canada. Finally, it would provide additional protections to witnesses and other participants in national security proceedings and prosecutions.

Our Conservative government is serious about taking action to keep Canadians safe. Recent attacks in Canada, which led to the deaths of Corporal Nathan Cirillo and Warrant Officer Patrice Vincent, as well as attacks in France, Australia,and Denmark, are reminders that the world is a dangerous place and that Canada is not immune from the threat of terrorism.

Recent terrorist actions in Canada are not only an attack on our country but also on our values and society as a whole. Unlike the NDP and Liberals, our Conservative government understands that extreme jihadists have declared war on all free people, and on Canada specifically. That is why we will continue to protect the rights and safety of all Canadians. We will not, however, privilege the so-called rights of terrorists and others who would harm Canadians over the rights of law-abiding citizens. The proposed legislation would provide our security and law enforcement agencies with the required tools and flexibility they need to effectively detect and disrupt national security threats before they happen, thus keeping Canadians safe.

I would like to address some of the misconceptions surrounding the legislation. There is continued coverage of calls for parliamentary oversight of Canada's national security agencies. Recently, several Canadians, including former Liberal Prime Minister Jean Chrétien and former Prime Minister Joe Clark, called for greater oversight of Canada's national security agencies. I believe that third party, non-partisan, independent, expert oversight of our national security agencies is a better model than political intervention in this process. What is more, the key powers of the anti-terrorism act, 2015, are subject to judicial review and judicial authorization.

Let us look at the facts. The international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because these terrorists hate our society and hate the values it represents.

The bill targets terrorism. Jihadi terrorism is not a human right, as some on the other side would have us believe. It is an act of war. That is why our government has put forward measures that would protect Canadians against jihadi terrorists, who seek to destroy the very principles that make Canada the best country in the world to live. That is also why Canada is not sitting on the sidelines, as some would have us do. We are instead joining our allies in supporting the international coalition in the fight against ISIL.

In addition to misconceptions regarding the accountability framework, there are many misconceptions about who is targeted by this legislation. The NDP leader has alleged that the new anti-terrorism bill changes the definition of a threat to the security of Canada to include matters that interfere with the economic stability and infrastructure of the country. The NDP leader alleges that these changes mean that legitimate dissent and protest would now be considered threats to Canadian security.

These allegations are completely false. Section 2 of the CSIS Act, which outlines exactly what is considered a threat to the security of Canada, is not being amended in any way by the anti-terrorism act, 2015. Section 2 of the CSIS Act states that “A threat to the security of Canada does not include lawful advocacy, protest or dissent”. The measures in the bill that are pointed to fall under a list of activities that undermine the security of Canada, and are there for the purposes of information sharing between government departments. Even though he has mixed up two very different pieces of legislation, it is important to note that Bill C-51 qualifies that list by stating that “Activity that undermines the security of Canada does not include lawful advocacy, protest, dissent and artistic expression”.

It is unfortunate to have to say that the claims made by the leader of the NDP are completely false. There is absolutely no change being made to what constitutes the threat to the security of Canada. The measures that the leader of the NDP is pointing to deal with information sharing between government departments. Further, the CSIS Act specifically states that threats to the security of Canada does not include lawful advocacy, protest or dissent. The new legislation states, “Activity that undermines the security of Canada does not include lawful advocacy, protest, dissent and artistic expression”.

We reject the argument that every time we talk about security, our freedoms are threatened. Canadians understand that their freedom and security go hand in hand. Canadians expect us to protect both, and there are protections in this legislation that do exactly that.

The fundamental fact is that our police and national security agencies are working to protect our rights and our freedoms, and it is jihadi terrorists who endanger our security and who would take away our freedom.

Given that the leader of the NDP has so wilfully misunderstood the legislation before us today, I hope he heeds my remarks and undertakes further efforts to understand this legislation. Once he does, I am quite convinced that he will be compelled to support these important measures.