Mr. Speaker, I am pleased to rise today to speak to Bill C-44, an act to amend the Canadian Security Intelligence Service Act, concerning the much talked-about CSIS.
This bill makes three important changes regarding the Canadian Security Intelligence Service. First of all, it clarifies CSIS's legal authority to conduct security intelligence operations outside our borders in order to address threats to Canadian security. Second, it confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. Finally, it ensures greater protection during legal proceedings for human sources that provide information to CSIS.
Before looking at the specific provisions in Bill C-44, it is important to put the bill into context. The Conservatives had already planned to introduce Bill C-44 before the events that took place in Saint-Jean-sur-Richelieu on October 20 and of course before the events that we all remember and that took place here in Ottawa on October 22.
As we have done in the wake of other tragic incidents, we need to carefully examine legislation and security procedures to ensure that they are adequate, while making sure that our civil liberties are protected.
The government claims this bill is intended to modernize the Canadian Security Intelligence Service, pointing to the fact the CSIS Act has not been amended since CSIS was created. In 1984, Parliament passed legislation to create a civilian security intelligence service. This legislation not only gave rise to the Canadian Security Intelligence Service, it also gave CSIS the mandate to gather intelligence on threats to Canada's security. CSIS provides that intelligence to the government so that it may put in place the necessary measures. Now, 30 years after its creation, CSIS is not the same organization it was in 1984. As it celebrates its 30th anniversary, the Canadian Security Intelligence Service is concerned about its rapid expansion and the increase in missions abroad.
The government says that C-44 will allow CSIS to act abroad to improve the effectiveness of its investigations into threats to Canada's security. For many years, it was assumed that CSIS’s security intelligence mandate was not limited to operations in Canadian territory, because the enabling legislation makes reference to threats to the security of Canada that originate from both inside and outside the country.
In fact, CSIS has been conducting intelligence operations abroad by using a loophole in the CSIS Act regarding what constitutes Canadian soil and a section of the Act which allows CSIS to provide technical assistance to the Department of Foreign Affairs and the Department of National Defence.
Another important part of this bill deals with protection for our sources and informants abroad. We would have appreciated receiving more detailed information to determine how this protection will be provided. Legal experts have expressed their concerns about the fact that it will be more difficult form this point forward to examine CSIS evidence in criminal cases in particular. This could create an obstacle to the successful prosecution of those involved in national security threats. The ability of an accused to confront their accuser and to test the evidence in a court is a fundamental part of Canadian criminal law.
It is not appropriate or constitutional to considerably expand the powers of a civilian intelligence agency without having a debate, here in the House, and considering the advice of the many experts who are concerned about the changes that will be made by Bill C-44.
The recommendations of the 2006 Maher Arar commission of inquiry called for new accountability measures for Canada's intelligence agencies. However, eight years later, these have yet to be implemented.
At their annual meeting, the Privacy Commissioner of Canada and the Information Commissioner of Canada called on the federal government to ensure that effective oversight was included in any legislative measure that would grant new powers to intelligence and law enforcement agencies.
Mr. Daniel Therrien, the Privacy Commissioner, said that it was understandable that the government would want to consider boosting the powers of law enforcement and national security agencies to address potential gaps, but that any new tools should be accompanied by a beefed-up role for the watchdogs who keep an eye on spies and police.
This is why it is very important, before increasing powers for CSIS, to create oversight mechanisms. At this point, there is no mechanism in place to act as watchdog and provide oversight for our intelligence agencies. Claiming that there is, as the government is doing, is simply dishonest.
In the 2012 budget, the Conservatives abolished the position of Inspector General of CSIS. He took care of internal oversight by ensuring that all the work of the agency was in conformity with the law. To find the balance between national security, civil liberties, and individual rights and freedoms in Canada, the government should be bringing in accompanying legislation that provides that parliamentary oversight. On the one hand, it would ensure that the agencies are doing their jobs, and on the other, it would ensure they are not going too far and violating the civil liberties of Canadians.
The Conservatives are cutting funding for public safety agencies by a significant amount over three consecutive years, for a total of $687.9 million by 2015. The CSIS budget is being cut by $24.5 million in 2015, while the position of CSIS Inspector General was abolished in the 2012 budget.
We are concerned about the impact the cuts will have on the government’s ability to exercise adequate oversight over these agencies. If the Conservatives want to ensure that Canadians are protected, they should review the resources available to public safety agencies, such as CSIS, after three consecutive years of budget cuts.
Protecting civil liberties and public safety are both core Canadian values. As I mentioned earlier, these are two essential obligations. They are not suggestions or compromises. New Democrats want legislation that improves public safety and strengthens our civil liberties. We also want a real debate. The government rejected all of the amendments the NDP proposed to improve Bill C-44 and did not provide any real reason.
In conclusion, I want to share a quote from the Information Commissioner of Canada and the Privacy Commissioner of Canada, who addressed the tragic events that took place in Quebec and in Ottawa. They called on us:
To adopt an evidence-based approach as to the need for any new legislative proposal granting additional powers for intelligence and law enforcement agencies; to engage Canadians in an open and transparent dialogue on whether new measures are required, and if so, on their nature, scope, and impact on rights and freedoms; to ensure that effective oversight be included in any legislation establishing additional powers for intelligence and law enforcement agencies.
We have talked a lot today about public safety. As I said, there are a number of Canadian values that we must honour in this Parliament.
I urge the government to consider these values and to ensure that civil liberties will be respected as much as public safety. We cannot make compromises.
Unfortunately, I am disappointed that the amendments proposed by experts who work in the area and who are familiar with the situation were not incorporated into the bill.