Mr. Speaker, as I was saying earlier before being interrupted for oral question period, I think that Bill C-22, to establish an independent committee of parliamentarians to oversee the actions of our intelligence agencies, is a step that should have been taken long ago.
For example, the United Kingdom has had such a committee since 1994. Australia formed one in 1988 and New Zealand in 1996. Canada is at least a decade behind. The step we are taking today is way overdue, as they say.
When Parliament was passing Bill C-51, four former prime ministers, namely Jean Chrétien, Paul Martin, John Turner, and even Joe Clark, a Progressive Conservative prime minister not a neo-conservative, recommended that this oversight committee be formed. They recommended oversight of Canada's overseers and said that it would take an independent committee that would be called to review the actions of our intelligence agencies. These four former prime ministers were accompanied by a host of former Supreme Court justices and former justice ministers, including Irwin Cotler, for example.
According to them:
Accountability engenders public confidence and trust in activities undertaken by the government, particularly where those activities might be cloaked in secrecy. Independent checks and balances ensure that national security activities are protecting the public, and not just the government in power.
Consider the extent of the resources used in the name of security in Canada. Communications Security Establishment Canada, which I am more familiar with than the other intelligence agencies such as CSIS or the RCMP, has annual expenses of about $500 million and its headquarters cost us $1.2 billion. CSE's headquarters is the most expensive building in the history of Canada.
In 2010, we learned that CSE was analyzing 400,000 emails a day to mitigate risk to information technology. These were emails sent to the government.
In 2014, we learned that CSE had studied email and cellphone metadata from Canadians travelling through a Canadian airport without actually getting their consent.
Before the Spencer decision, we learned that a number of Canadian telecommunication companies were voluntarily handing over information at the request of intelligence agencies without judicial authorization.
Under the circumstances, I do not think it is an extravagance to have an independent parliamentary committee overseeing the activities of our intelligence agencies, thereby ensuring that they do not act with impunity and are accountable not only to themselves but to elected parliamentarians.
Bill C-22 also addresses people's expectations for such a committee. Professor Craig Forcese, for whom I have tremendous respect, articulated certain expectations. He talked about four essential factors.
First, efficacy must be part of the committee's mandate. The committee must be able to evaluate whether our intelligence agencies are using their vast sums of money effectively. That is part of the committee's rather broad mandate. He also talked about propriety. The committee has to review whether government intelligence agencies are acting within their legal mandates.
Mr. Forcese also mentioned that the committee has to look at the whole picture. It cannot look at just the RCMP, CSIS, or Communications Security Establishment Canada. It must take a good look at the national security activities of all our intelligence agencies. His fourth and final proposal is to have enough money and human resources for the committee to do a good job. All these proposals are within the committee's mandate.
The committee created by Bill C-22 meets all the criteria. In my opinion, we will have an effective committee and one that will be useful for Canadians. It is a first step in the right direction, the first in a thousand-mile journey towards having checks and balances on the power given to intelligence agencies.
We need to have better and more robust checks and balances, especially when it comes to the fundamental rights of Canadians. I am hopeful about the thousand-mile journey we have to travel, especially with Bill C-22 as our first step. First and foremost, we need to return to specific judicial authorization regarding legal access. Judicial authorization, that is, a judicially authorized warrant for a specific person, for specific purposes, must be the norm in Canada. It must be the basic rule, and there must be no getting around it. In fact, I think we must be very strict about that.
In that regard, I congratulate the Liberal Party for having introduced Bill C-622 back in the day, a bill that required CSE to obtain judicial authorization before intercepting any Canadians' communications. That is not necessarily required at the moment. The ministerial authorization is broader. I hope we return to specific judicial authorization for access to Canadians' private communications.
The second thing is that there is no definition for metadata in any Canadian legislation. In the 21st century, we need to define metadata, particularly in terms of private communications. That would be an additional protection, especially when we know just how useful and precise metadata are.
For instance, Dr. Ann Cavoukian, Ontario's former information and privacy commissioner, said that metadata were more intrusive than the contents of a communication, because they make it possible to track people's habits and create very specific portraits.
The third thing has to do with Bill C-51. I know we are reviewing the bill and that we still have some consultations to do, but the information sharing the bill allows is fairly draconian. There is a way to limit information sharing among government agencies. The Maher Arar case showed us just what kind of impact that can have.
If we want to protect both Canadians and rights, an independent committee overseeing the activities of our government agencies is not too much to ask for. It is our job as legislators to strike a balance between protecting basic rights and protecting the physical integrity of Canadians. Bill C-22 is an excellent first step in that direction, and we have been waiting for it for at least 10 years.