House of Commons Hansard #82 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was parliamentarians.

Topics

Chief Electoral Officer of CanadaRoutine Proceedings

10:05 a.m.

Liberal

The Speaker Liberal Geoff Regan

I have the honour to lay upon the table a report of the Chief Electoral Officer entitled “An Electoral Framework for the 21st Century: Recommendations from the Chief Electoral Officer of Canada Following the 42nd General Election”.

Privacy CommissionerRoutine Proceedings

10:05 a.m.

Liberal

The Speaker Liberal Geoff Regan

I have the honour to lay upon the table the report of the Privacy Commissioner on the application of the Personal Information Protection and Electronic Documents Act and the Privacy Act. Pursuant to Standing Order 108(3)(h) this document is deemed to have been permanently referred to the Standing Committee on Access to Information, Privacy and Ethics.

Salaries ActRoutine Proceedings

10:05 a.m.

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved for leave to introduce Bill C-24, An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act.

(Motions deemed adopted, bill read the first time and printed)

Railway Safety ActRoutine Proceedings

10:05 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

moved for leave to introduce Bill C-304, An Act to amend the Railway Safety Act and the Canadian Environmental Assessment Act, 2012 (transport of dangerous goods by rail).

Mr. Speaker, in 2005, my community of Wabamun Lake suffered the devastating impacts of a train derailment and spill of 700,000 litres of bunker C fuel and pole oil into our lake, with a sizeable amount still remaining.

That same summer, a train derailed spilling sodium hydroxide into the Cheakamus River in British Columbia, killing more than 500,000 fish.

In 2013, a runaway train carrying crude oil derailed in the town of Lac-Mégantic, killing more than 40 people and leaving the community traumatized to this day.

I arrived in this place determined to seek action on rail safety. Today, I am tabling a bill to strengthen measures to assess and regulate rail shipping of dangerous cargo.

My bill would make two significant changes to federal laws on rail safety and environmental assessment.

First, it would impose a mandatory duty to undertake a federal environmental assessment of any activity potentially dangerous to health and the environment, and it would extend the right to concerned communities to request such a review, including concerns about rail.

Second, my bill would amend the Railway Safety Act to require additional approval for specified volumes of dangerous cargo. This is critical, as dangerous rail traffic is reported to have increased a thousandfold over recent years, and the National Energy Board is forecasting an additional tenfold increase over the next 25 years. It is time for preventive action.

(Motions deemed adopted, bill read the first time and printed)

Criminal CodeRoutine Proceedings

September 27th, 2016 / 10:05 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

moved for leave to introduce Bill C-305, An Act to amend the Criminal Code (mischief).

Mr. Speaker, I rise today to introduce my private member's bill, which seeks to amend subsection 430(4.1) of the Criminal Code of Canada.

Hatred based on race, colour, religion, ethnic origin, gender identity, and sexual orientation are some of the worse things in our democratic society. As it stands, this subsection, which deals with mischief motivated by hate, is currently limited to race, colour, religion, and ethnic origin. I would expand this to include gender identity and sexual orientation.

Also, currently this subsection limits properties to places of worship, such as churches, synagogues, mosques, and temples. I would expand this to include schools, daycare centres, sports arenas, seniors residences, colleges, universities, and community centres.

(Motions deemed adopted, bill read the first time and printed)

Criminal CodeRoutine Proceedings

10:05 a.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I would like to seek unanimous consent of the House for the following motion to address agricultural concerns. That, notwithstanding any Standing Order or usual practice of the House, Bill C-246, an act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection), be amended as follows: (a) that clauses 3, 4, 5, 6 and 8 be deleted; (b) that clause 7 be amended by replacing lines 33 and 34 on page 5 with the following: 7 paragraph 445.1.91(b) of the act is replaced by following: (b) in any manner encourages, promotes, aids, or assists at or receives money for the fighting or baiting of animals or birds, including breeding, training, or transporting an animal or bird to fight another animal or bird; 7.1 the act is amended by adding the following after section 445.1, 445.2(1) everyone commits an offence who (a) negligently causes unnecessary pain, suffering, or injury to an animal or a bird; (b) being the owner or the person having the custody or control of an animal or a bird wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter, and care for it; or (c) negligently injures an animal or bird while it is being conveyed (2) for the purposes of subsection (1) negligently means departing markedly from the standard of care that a reasonable person would use; (3) everyone who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years, or (b) an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term of not more than six months or to both; (7.2) the portion of subsection 447.1(1) of the act before paragraph sub (a) is replaced by the following: 447.1(1) the court may in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 445.2(3), 446(2), or 447(2) and that the bill be reprinted as amended.

Criminal CodeRoutine Proceedings

10:10 a.m.

Liberal

The Speaker Liberal Geoff Regan

Does the hon. member have the unanimous consent of the House to move the motion?

Criminal CodeRoutine Proceedings

10:10 a.m.

Some hon. members

Agreed.

No.

Impaired DrivingPetitionsRoutine Proceedings

10:10 a.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, I have a lot of respect for my friend and colleague from British Columbia, the member for Langley—Aldergrove.

The member for beautiful Langley, as he likes to call it, has made me discover Families for Justice, a group of Canadians who have had a loved one killed by an impaired driver. They believe that Canada's impaired driving laws are much too lenient. They want the crime to be called what it is, vehicular homicide. It is the number one cause of criminal death in Canada. More than 1,200 Canadians are killed every year by a drunk driver.

Canadians are calling for mandatory sentencing for vehicular homicide and for this Parliament to support Bill C-226, the impaired driving act, which is now in committee.

JusticePetitionsRoutine Proceedings

10:10 a.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I am presenting 10 petitions this morning, which include signatures from constituents in the ridings of MPs for Essex, Niagara West, and Windsor West, all in support of Cassie and Molly's law.

A Statistics Canada study shows that more than 60,000 Canadian women were victimized by domestic violence while pregnant between 2004 and 2009.

The Native Women's Association of Canada fully endorses Bill C-225, protecting pregnant women and their preborn children, indicating that at least 18 of the missing and murdered aboriginal women and girls were pregnant.

Canadians know this law is needed in a national strategy against violence against women.

IranPetitionsRoutine Proceedings

10:10 a.m.

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, I am presenting a petition that calls on the Government of Canada to maintain the listing of the Islamic Republic of Iran as a state supporter of terrorism, pursuant to section 6.1 of the State Immunity Act, for as long as the Iranian regime continues to support terrorism.

Internet AccessPetitionsRoutine Proceedings

10:10 a.m.

Liberal

Rémi Massé Liberal Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I am pleased to rise today on behalf of over 4,000 of my constituents to present a petition calling for better access to Internet and cell phone services.

I wish I could have submitted this document electronically, but our limited ability to access the Internet made that difficult or even impossible. In many parts of my riding, such as the regional county municipalities of Avignon, La Mitis, Matane, and Matapédia, access to these services is inadequate and, in some cases, non-existent. Many communities lack the tools they need to ensure their economic and social development, not to mention their safety.

Everyone knows that, these days, access to Internet and cell phone services is essential to the growth, development and prosperity of our businesses. The people in our cities and towns need this infrastructure. That is why the petitioners have turned to our government.

I will continue to support our fellow citizens' efforts to resolve the access issue.

JusticePetitionsRoutine Proceedings

10:10 a.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I have two petitions I would like to table today. The first is with respect to Cassie and Molly's law. The petitioners call on the House of Commons to pass legislation that would recognize preborn children as separate victims when they are killed or injured during the commission of an offence against the mother.

IranPetitionsRoutine Proceedings

10:15 a.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the second petition calls on the House to maintain the listing of Iran as a state sponsor of terror. The petitioners recognize grievous abuses of human rights by the Iranian state as well as the threat that the state poses to international peace and security.

Falun GongPetitionsRoutine Proceedings

10:15 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have a petition regarding Falun Gong, which is a traditional Chinese spiritual discipline that consists of meditation, exercises, and moral teachings based on the principles of truthfulness, compassion, and tolerance.

In 1999, the Chinese Communist Party launched a nationwide persecution campaign to eradicate Falun Gong. Millions of Falun Gong practitioners have been arrested, put in custody, and many sentenced to long prison terms of up to 20 years, where torture and abuse are routine, and tens of thousands are feared dead as a result.

Petitioners are calling on us, in a public way, to call for an end to the persecution of Falun Gong in China.

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I ask that all questions be allowed to stand.

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Liberal

The Speaker Liberal Geoff Regan

Is it agreed?

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Some hon. members

Agreed.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:15 a.m.

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved that Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, be read the second time and referred to the Standing Committee on Public Safety and National Security.

Mr. Speaker, I rise to begin second reading of Bill C-22, which would establish the national security and intelligence committee of parliamentarians.

This bill is a tangible expression of our commitment towards meaningful engagement with parliamentarians and for enhanced accountability.

It would provide for a structured and responsible framework to share highly classified information with parliamentarians so that they can scrutinize national security activities, hold the government to account, and ensure that our national security agencies consistently act responsibly.

Canada is a free and just society. It is a beacon in the world when it comes to democratic principles. When this government took office, we made a strong commitment to uphold and advance these principles and to enhance our democratic institutions.

National security is one of the most important responsibilities of any government. Canadians expect their government to keep them safe. At the same time, Canadians also expect their government to pursue this objective in a way that respects our fundamental rights and freedoms. This government has always advocated that any renewed powers to government agencies to combat threats to the security of Canada, must be accompanied by strengthened accountability. The protection of both security and our rights and freedoms must be maintained or neither can truly be achieved. In fact, this became a central plank in the platform we set out for the people of Canada in the election held last October.

Within Canada's Westminster system, Parliament is where the opposition fulfills its obligation to hold the government to account. However, the open forum of the House of Commons and its standing committees present a challenge with respect to the review of national security activities. To be effective, such reviews require knowledge and understanding of classified information that, if publicly released, could harm the national interest. Our government found it unacceptable that among the Five Eyes allies, Canada is the only nation whose elected officials do not have a forum to review and examine the classified activities of our national security agencies.

We know the previous government was opposed to giving parliamentarians a role in overseeing the actions and conduct of our national security agencies. However, we believe otherwise. Our Prime Minister long ago recognized the need for increased scrutiny. It was a commitment he made during the last Parliament. It was a commitment he made during the election campaign. It was a commitment for which he asked the Minister of Public Safety and me to work together so that Canadians could see real results. It is a promise made, a promise kept.

I also want to take this opportunity to thank the current Parliamentary Secretary to the President of the Treasury Board for the hard work she did on this file in her previous role as the Liberal critic on national defence.

I also want to highlight the fact that my colleague, the hon. member for Malpeque, introduced a private member's bill to create a committee of parliamentarians in 2013. This goes to show our long-standing commitment to protect both public safety and the rights of Canadians to privacy. The bill aims to establish an effective forum wherein parliamentarians can access classified information in a secure and responsible manner. Better information will lead to more informed parliamentary debate about national security activities and enhance accountability.

We have studied the national security parliamentary committee models of our Westminster allies, namely Australia, New Zealand, and the United Kingdom.

In fact, earlier this year, my colleague, the Minister of Public Safety and Emergency Preparedness, travelled to the U.K. to see first-hand how their committee, the Intelligence and Security Committee of Parliament, is established.

While the models used by our allies where informative, ultimately, this is a made-in-Canada approach.

The bill would create a committee of parliamentarians comprising members from the House and the other place with a mandate to scrutinize our national security and intelligence activities in any department and agency, including ongoing operations, unless the responsible minister determines that the review would be injurious to national security. It would also be able to conduct strategic and systematic reviews of the framework that supports national security and intelligence activities, including legislation, regulatory policies, expenditures, and administrative procedures.

I would like to take a moment to discuss this broad mandate. Canada currently has a number of review bodies that examine the activities of specific government organizations engaged in national security operations and report to Parliament, such as the Security and Intelligence Review Committee, the commissioner of the Communications Security Establishment, and the RCMP's Civilian Review and Complaints Commission. These bodies play an important role in the accountability framework of our three main national security agencies: CSIS, CSE and the RCMP. I would be remiss not to highlight the particularly good work they do in investigating public complaints and ensuring that these these agencies operate lawfully.

However, we recognize that something more is needed. That is why, unlike these review bodies, the mandate of the committee would not be limited to reviewing specific organizations but would instead encompass all national security activities conducted within the Government of Canada.

I would note that this government-wide mandate is unique to Canada, and no other international model we examined provides for such a broad scope. This government-wide perspective will enable the committee to perform strategic and systemic reviews of our national security apparatus and examine the legal, regulatory, policy, and expenditure framework under which it operates. This will help ensure that our national security system as a whole is functioning effectively and efficiently, all the while respecting Canadians' rights and freedoms.

Another key element of our made-in-Canada approach is the ability of the committee to initiative reviews of any national security operations, including ongoing operations. No other Westminster jurisdiction we examined provides this much scope for examination. This exceptional power requires a safeguard to ensure the committee's operational reviews would not disrupt or harm any active operation. The legislation would allow the responsible minister to stop a review if it would be injurious to national security.

To provide a secure venue for the consideration of proposed draft legislation, policy initiatives, or issues of high public interest that require the examination of classified information, the legislation would further allow the government to refer specific matters to the NSICOP for study.

The committee would have the legal right to access all government information it needs to conduct its reviews, including information subject to solicitor-client privilege, to ensure that it can effectively carry out this broad review mandate.

We have limited the exceptions to information access only to areas of absolute need, such as cabinet confidences, identities of informants, sources and persons protected under the witness protection program, and personal and commercially sensitive information relating to personal banking transactions and foreign investments. We also take seriously the need to guarantee the independence of police investigations and avoid harm to military operations.

Though the bill would provide an authority for ministers to withhold special operational information, I want to be clear. Ministers cannot withhold any information, but only special operational information, a specific legally defined category of the most covert national security information, and only if ministers believe it would be injurious to national security. In every instance, ministers must provide the committee with an explanation as to why special operational information must be withheld. In this way, ministers are held to account if they misuse or abuse this authority.

The committee's mandate and powers will be legislated and cannot be altered by the government. The committee will act with full independence from the government in deciding which matters to review, and in reporting its findings and recommendations. In any case where a minister has decided to stop a review or withhold information, and the committee is dissatisfied with the minister's decision, it would be able to report on these matters to Parliament. Ministers would be accountable to Parliament and Canadians for their actions.

I recognize that my colleagues opposite are not only interested in what this committee will do, but also how the membership of this committee will be determined.

The committee of parliamentarians would be a multi-party committee. Members would be appointed by the Governor in Council on the recommendation of the Prime Minister and would consist of nine members: two from the other place and seven from the House of Commons. Among those seven members from the House of Commons, a maximum of four members would be from the governing party. This allows sufficient flexibility to adapt to future changes in the composition of Parliament.

Of course, parliamentarians who would sit on this committee will have a great responsibility to ensure that they maintain the confidentiality of the information that they are provided. Each member of the committee will be a “person permanently bound to secrecy” under the Security of Information Act and may be prosecuted for disclosing special operating information. Members would be required to obtain a security clearance and swear an oath of secrecy before assuming his or her position.

The security requirements proposed in the bill are consistent with those imposed on public officials who have access to highly classified information. Nothing in the bill would limit members' ability to draw perceived deficiencies in government performance to the attention of Parliament and Canadians, so long as they do not disclose classified information.

The committee's annual reports would be tabled in Parliament, including its findings and recommendations. The committee would also have the power to issue special reports at any time if it considers it necessary to do so. The committee's reports would be provided to the Prime Minister prior to tabling for the sole purpose of ensuring that they do not contain classified information. It is important to underline that the Prime Minister would not have the ability to alter the committee's findings and recommendations.

The committee would be supported by a small secretariat that will be established as a separate departmental entity. The secretariat would help ensure that the committee members receive the support they need to perform their mandates. This would include providing research, briefings, and legal and technical advice. It would include preparing work plans, meeting agendas, and draft reports. The secretariat would also liaise with national security agencies and review bodies to facilitate access to information and the appearance of officials.

In short, we intend to provide the committee with the necessary resources and support it needs.

Bill C-22 would fulfill the government's commitment to establish a committee of parliamentarians. The committee would provide parliamentarians with direct access to classified information so that they could directly assess government activities, thus strengthening the democratic accountability of those activities. Through its reports and recommendations, it would help to ensure that national security and intelligence activities are carried out effectively and in a manner that respects our democratic values. The committee would act with full independence from the government in deciding which matters to review and in reporting its findings and recommendations.

This would be a significant addition to the review mechanisms. Compared to our allies in the other Westminster democracies, it goes further to review policies and operations across the spectrum of departments and agencies involved in the national security system. In these ways, Canada would set a new benchmark for parliamentary review.

The bill is exactly what we committed to achieving and what Canadians have asked us to do. We have waited a long time for this kind of committee. It is an idea whose time has come. I hope my colleagues across the way will recognize the importance of the legislation and will support our proposal to include members of their caucus in the review of our national security agencies.

During the campaign, Canadians rejected the politics of fear promoted by the opposition. They decided that openness and transparency were better than preying on people's anxieties. That is the mandate on which we were elected and that is exactly what the bill would help us achieve.

In closing, I want to take a few seconds to acknowledge and thank two more of my colleagues. First, the hon. Minister of Fisheries, Oceans and the Canadian Coast Guard, who previously as government House leader, did tremendous work to bring the bill to the House; and second, the hon. Minister of Public Safety and Emergency Preparedness for his close collaboration and hard work on the bill before us. I know my colleague is looking forward to his own remarks on the bill, as am I.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:30 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, I read in the newspapers that the member for Ottawa South has been named chairman of this committee, which is rather strange because the bill has not even received the approval of Parliament. Second, he is going to receive a stipend of, I believe, $42,000 over and above his member of Parliament stipend. All of this is very strange. Members of standing committees get stipends, but I do not think chairmen of legislative committees do.

The words “open and transparent” are often used by the current government. By naming a chairman before the bill has received approval from Parliament and, not only that, by the Prime Minister naming a Liberal member as chairman of the committee, is the government being open and transparent?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:30 a.m.

Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, as I mentioned in my remarks, all appointments to this committee will be Governor in Council appointments. They will be made with the advice of the Prime Minister. No decisions have been made. What is important is the work this committee of parliamentarians will be able to do.

We will be providing parliamentarians the opportunity to review security agencies in a way they have not been able to do before. This is what Canadians asked for and this is what we are delivering.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:30 a.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, the hon. government House leader talked about having a made-in-Canada solution and said that the committee would have all of the access it needs to all of the information it needs to do its important work. In 2004, there was an all-party committee that studied this issue and said that unless the oversight committee had full access to classified information, it would not be able to complete its task.

This bill imposes major restraints on access to information. For example, there are seven exceptions to the rule of access and then there is one that simply says that if the minister is of the opinion that it would be injurious to national security, the committee cannot have the information it needs.

Why would we create a bill that would give less open access to information than existing review bodies have, like the Security Intelligence Review Committee and the CSEC commissioner? Does the government not trust elected representatives on the committee, all of whom will be security cleared, and is it not worried that putting shackles on this watchdog would both limit its effectiveness and its credibility with the Canadian people?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:35 a.m.

Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, if the member looks at the legislation and gives it a chance, he will see that is not the case. Ministers will have to justify why they are withholding information. Parliamentarians will be able to hold them to account in this place. Canadians will also know why they are withholding information.

It is really important that we be able to balance national security with Canadians' rights and freedoms. That is the mandate Canadians have given us, that is the work we are doing, and that is the work we need to do together. I assure the House that ministers will not have blanket discretion and will have to justify why they are withholding information that would be injurious to national security if released.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:35 a.m.

Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, this is a very important piece of legislation that deals with concerns the Liberal Party had in the last Parliament with respect to the passage of then Bill C-51, now known as the Anti-terrorism Act, 2015.

One of the concerns we raised at the time was how important it was to introduce a committee of parliamentarians to oversee our security services, to make sure there is independent review by an independent body of elected officials. However, one of my particular concerns that I will address as my question to the government House leader is why the reports that would ultimately be prepared by this parliamentary committee would be subject to review by the Prime Minister and the Prime Minister's Office before they can be tabled in Parliament.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

10:35 a.m.

Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, I thank the hon. member for his work on behalf of his constituents and Canadians.

This was not just a concern of the Liberal Party, but one that Canadians shared with us. It is a concern that we take very seriously.

To answer the hon. member's question, I will clarify that the Prime Minister is not authorized to alter the findings or recommendations of the reports tabled. The Prime Minister's role is solely to review the reports to ensure that they do not contain classified information. The Prime Minister will not have the ability to make changes or to alter recommendations. The Prime Minister has a responsibility to the people of Canada to ensure that we are protecting national security. That is the purpose of that review.