Mr. Speaker, I rise tonight to pursue an answer to a question I have asked repeatedly. The first time I asked it was February 2. I will review the question and the response I received from the hon. Minister of Public Safety and Emergency Preparedness.
The question relates to Bill C-51, and it was this. I rose and stated:
...I want to make it very clear that I completely agree with every word in today's Globe and Mail editorial. I think every MP should read it.
This Parliament must not allow the Conservatives to turn CSIS into a secret police force. The words that are found in the definition of activities that affect the security of Canadians are so overly broad that I believe they could apply to almost anything.
Despite the inclusion of saying that it does not apply to lawful protest, would the minister tell us if this will apply to non-violent civil disobedience, such as that against pipelines?
The response from the Minister of Public Safety and Emergency Preparedness was as follows:
Mr. Speaker, we live in a society of right. Any violence is going against the Criminal Code. Terrorism is a criminal act and those who go against the Criminal Code will meet the full force of the law. That is the country I live in and I love.
Perhaps I can go back to review what The Globe and Mail had actually said that day, since that was the premise of the question and I thought everyone would have it fresh in their minds. The editorial in The Globe and Mail of February 2, 2015, was headlined thus: “Parliament must reject [the Prime minister's] secret policeman bill”. I will excerpt one line from the first paragraph, which states:
Under the cloud of fear produced by his repeated hyperbole about the scope and nature of the threat, he now wants to turn our domestic spy agency into something that looks disturbingly like a secret police force.
Just to focus on the point of the question that day, there is a great deal to discuss about Bill C-51. It is in five different acts and is therefore an omnibus bill. It focuses loosely on the concept of terrorism but is far broader and has implications, I believe, for all forms of all privacy for all Canadians, and those views are echoed by those of our Privacy Commissioner, Mr. Therrien.
It also extends the powers of CSIS to act not just as an intelligence-gathering operation but as an active operation. Law professors are referring to these actions as the “kinetic activities” of CSIS. Bill C-51 also has implications for the use of torture and obtaining security certificates, which is in part 5.
However, I was asking about the carve-out, so to speak, under part 1 of the act, which deals with the exchange of information throughout the Government of Canada. It has a definition of “security threats” that is extremely over-broad and could amount to almost anything, but says it does not apply to lawful protests, et cetera.
Earlier today in committee, the Minister of Justice was asked by the parliamentary secretary if there was any reason to be worried about the use of the word “lawful”, and he feigned complete ambivalence toward it. It was a complete surprise. Why would anyone be concerned?
I direct members of the House to the debates that took place in 2001 on changes to the Criminal Code when the anti-terrorism bill was first brought forward. In that instance, there was a specific debate around the use of the word “lawful” for the very reasons I raise: that it could catch non-violent civil disobedience and protest, particularly in a case like this, in a political climate in which opposition to pipelines has been conflated with opposition to Canada and has been treated as a potential security threat. We have RCMP reports on this sort of thing.
Back in 2001, the Minister of Justice, Anne McLellan, took out the word “lawful” so that it would cover all protests, but now nonviolent civil disobedience is clearly included in this bill, and the Minister of Justice and the Minister of Public Safety and Emergency Preparedness have refused an amendment to take it out.