House of Commons photo

Track David

Your Say

Elsewhere

Crucial Fact

  • His favourite word is review.

Liberal MP for Ottawa South (Ontario)

Won his last election, in 2021, with 49% of the vote.

Statements in the House

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, I think this is one of the most glaring gaps in the bill. If the government were honest in its examination of best international practices today, it would say that the United States, United Kingdom, Australia, and New Zealand, the four foundational partners in the so-called Five Eyes partnership, have all moved forward, particularly the United States, which has made a lot of mistakes. The congressional leadership in the U.S. will tell us that they made a lot of mistakes because they over-reacted after 9/11. Since then they have tried to move the balance back to the centre.

Part of that involves, as my colleague for Vancouver Quadra has put forward in her bill, Bill C-622, the idea that we would create an all-party committee to oversee the important work of CSIS. That would be foundational to improving the status quo, which is something for the life of us on this side of the House cannot understand why the government would not be embracing.

Protection of Canada from Terrorists Act November 18th, 2014

The member said there are 14 of them over there. Unfortunately, as former peace officers, none of them have the courage of their convictions to stand up and tell the truth in this matter, which is that front-line enforcement officers are telling us that they need more resources.

In closing, and to remind Canadians that governments do make choices, $600 million has been spent on advertising in the last eight years, and $600 million more on hiring outside lawyers by the Department of Justice when there are 2,500 lawyers on staff already. That amounts to $1 billion that could be directed more properly to the enforcement of our existing powers.

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, it really is a privilege to be here this afternoon to participate. This is one of those debates that cuts to the very core, the pith, of what we are doing here as parliamentarians and legislators. Bill C-44, which amends the Canadian Security Intelligence Service Act and other acts, is very profound. It speaks to the powers of the state and the rights and responsibilities of our citizenry.

Moments ago the member for Selkirk—Interlake asked a question of the NDP speaker at the time, asking if New Democrats were prepared to give more rights to terrorists than to law-abiding Canadian citizens. That is another astonishing assertion and it reminds me of the very famous passage in the brilliant play written by Robert Bolt, A Man for All Seasons, which is the story of the life of Thomas More who is being prosecuted.

The prosecutor is William Roper, who says to Thomas More, “So now you'd give the Devil benefit of law”? Sir Thomas More responds, “Yes. What would you do? Cut a great road through the law to get after the Devil”? William Roper responds to the prosecutor, “I'd cut down every law in England to do that!”, to which Sir Thomas More responds, “Oh? And when the last law was down, and the Devil turned round on you—where would you hide”? “Yes” says Thomas More, “I'd give the Devil benefit of law, for my own safety's sake”.

That is precisely what we are talking about when we discuss the balance the government continues to allude to when it comes to making sure that our intelligence and security services have the power and authority to do their jobs, while at the same time safeguarding our rights. When we play fast and loose with our rights, it is a very dangerous game.

Bill C-44 is trying to make some positive improvements to the status quo. I think everyone in the House agrees with this. However, there are series of profound and probative questions that have been put to the government that remain unanswered. These are deserving of an answer, because they do cut to the chase and speak to whether or not we would give the benefit of law to the devil.

There are questions, for example, like why the government cannot explain why legislation already in place has not been enforced. Specifically, under the provisions of the Criminal Code brought in by the government in 2013 in the Combating Terrorism Act, why have we not seen a single prosecution? I raised the question earlier to a former peace officer who has sworn an oath to uphold the rule of law, and his answer was, “You're criticizing law enforcement agencies”. I am doing nothing of the kind. I am asking why, if we know there are anywhere between 80 and 145 Canadians who have been abroad participating in terrorist activities on foreign soil, there has not been a single prosecution under the new powers brought in by the government just a short year ago?

Canadians deserve an answer from the government. The sections of the Criminal Code are 83.18, which relate to laying a charge against an individual attempting to leave Canada to participate in a terrorist activity; or 83.3, which could be used to place recognizance and conditions on those suspected of terrorist activity; and section 810, related to peace bonds and possible detention. We have not received an answer.

The government likes to speak about being a sovereign state and having its own standards—not being bound by its partnership with the Five Eyes, and not relating to the work and best practices of the United Kingdom, United States, Australia, and New Zealand. It says that it is sovereign when it comes to security issues, yet when it comes to climate change, we have hitched our wagon to President Obama. There we are not sovereign. However, let us take the Conservatives at their word that they are sovereign when it comes to questions of security laws and the enforcement of those laws. Well then, why is it that on October 15 we learned that the Conservative government has failed to implement provisions of the 2011 border security agreement with the United States on information sharing with respect to the travel of potential terrorists?

It is troubling to hear the Minister of Public Safety and Emergency Preparedness, or even worse, the Prime Minister, talk about new legislation, new powers that we need, when existing international agreements we have entered into and signed have not been complied with, including on the international movement of those suspected of being associated with terrorists entities. That question remains to be answered.

We hear repeatedly from members of the government, and in particular former peace officers, like the last speaker from the Yukon, who swear an oath to uphold the rule of law. They become peace officers by swearing an oath. We hear from them repeatedly that we need new powers, but that is not what we hear from the front-line practitioners. That is not what we have heard from CSIS. That is not what we heard from the RCMP. They are telling us that they need more resources and the capacity to do their jobs. They need to be able to follow up on the existing statutory powers that we have in order to enforce them and to bring them to bear in Canadian society. That is what they are telling the Canadian population. That is what they are telling parliamentarians.

We are supportive of sending the bill back to committee. However, we need the time in committee to make sure that we get that expertise, not from the propaganda or rhetoric of government members, but from those who are actually on the front lines involved in enforcement. They are our best asset and allies in this regard.

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, I have a question that goes back to the beginning of my colleague's comments.

He made a rather incredible assertion, one I have not heard before from anyone in any party, and certainly not from the government. I want to read back his words. He said that the events last month, which occurred here in my home city of Ottawa, “occurred because of the lack of legislative tools available.” That is the first time this House, I believe, has heard that kind of assertion.

He then went on to say in his closing remarks that he was looking forward to learning from what transpired here with these unfortunate events last month, and improving the situation, which we all agree is the objective of Bill C-44.

Can the member explain to Canadians precisely how he has concluded that it was a lack of legislative tools that led to the tragedies that took place in this city a month ago?

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, I want to commend my colleague for a very sincere and thoughtful speech. He has raised a number of important, probative questions around the bill, which seemingly the government does not want to answer. The government has had a series of questions put to it here again today. The minister, several parliamentary secretaries, and countless MPs have refused to answer.

I want to ask how risky the member thinks that is. I am reminded, very much, of what happened in the United States post 9-11, in terms of the American response to a lot of the security challenges that, at that time, Congress and Capitol Hill were facing.

There has been a lot of backtracking in the United States. There has been a lot of concern about the amount of power and authority vested in its intelligence and security agencies and collection services, for example.

Maybe the member could take a moment to explain to Canadians why it is so important for us to take the time we need to improve. Everybody in this House wants to improve what we are trying to improve today. Collectively, everyone wants to make it better.

What are some of the inherent risks in going too quickly and not hearing from some of the best minds available in the country?

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, I would remind my colleague across the floor that when he says CSIS has an oversight mechanism, it has something like an oversight mechanism, but it is certainly not to international best standard. That is why my colleague, the member for Vancouver Quadra, has a private member's bill in the House. It could easily be migrated into this bill if the government were so inclined. It would actually create a parliamentary all-party committee to oversee CSIS. That is the case with our four partners in the five eyes structure that we so robustly support. That is one thing I would like him to address.

The second is this. Why has the government not already enforced the legislation it has in place? We were told at committee by CSIS and RCMP that at least 80 Canadians, and we heard a parliamentary secretary say today that number was 145, have been involved in terrorist activities outside of Canada on foreign soil. Why has there not been a single prosecution with respect to those 80 or 145 Canadians, depending on the number the government is now putting forward?

Finally, along the same lines, why did the government reveal on October 15 that it had failed to implement provisions of the 2011 boarder security agreement with the U.S. on information sharing with respect to the travel of potential terrorists?

There is a lot of explaining that needs to be done, which is why the bill has to go to committee and have a very thorough hearing.

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, the member says that this bill would fill gaps. Let us talk about a few of those gaps.

The first gap is this. Why is the government not ensuring that Canada join its four partners under the Five Eyes structure to ensure that we have proper parliamentary oversight over CSIS? That is one question.

The second question is this. Given the legislation that is already on the books, for example, the Criminal Code and the amendments made to it by the government under the Combating Terrorism Act, the government has to explain why so many of these existing provisions of the Criminal Code have not been used in response to those who represent a threat to this country, and explain whether it was actually informed of this problem by our security agencies.

Here is yet another gap. We know that as recently as October 15, the Conservative government failed to implement provisions of the 2011 border security agreement with the U.S. on information sharing with respect to the travel of potential terrorists. It is troubling to hear the Minister of Public Safety and Emergency Preparedness and the Prime Minister talk about new legislation and new powers when the government has not complied with the international agreements it has already signed, in this case on the international movement of those suspected of being associated with terrorist entities.

If we are to talk about filling gaps, can the government provide answers to those three simple questions?

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, the parliamentary secretary may describe this as a common-sense bill, but what the government has missed here is a common-sense opportunity to improve the overall situation in Canada with respect to our intelligence and security agencies.

First, the government still has not explained why it refuses to join its partners under the Five Eyes structure. That is, why is it not joining the U.S., Britain, Australia, and New Zealand in ensuring that there is a parliamentary committee of all parties, parliamentarians together, to oversee the important work of CSIS? That is an outstanding question. The government has an opportunity to improve the situation, but it seems to be refusing to.

Second, we heard from CSIS at committee that the biggest problem it is facing right now is resources, not additional legal powers. It did not come to committee saying that it needs these precise powers. It is true we have had a series of judicial rulings, but CSIS said it needs resources.

We need to remind Canadians of two things. While the government says it has increased the budget for CSIS and the RCMP, it is not telling Canadians that it spent over $600 million in advertising and over $600 million in outside legal fees, this despite the fact that Justice Canada has 2,500 lawyers on staff.

Could the parliamentary secretary help us understand why the government is not meeting the real needs of our intelligence and security agencies on the resourcing side while speaking constantly about the need to give new powers to these agencies?

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, I would like to comment further on something I mentioned a few minutes ago. This bill does not address concerns about national security related to the events in Quebec City and Ottawa earlier this month. That is for sure.

First, can my colleague tell us what she thinks of that? The government needs to explain why existing legislation, particularly the Criminal Code, was not used against individuals who pose a threat to our country. We heard about how 80 Canadians were involved in terrorist activities abroad. Even so, not a single Canadian has been charged in relation to that.

Second, can my colleague help us understand why the bill authorizes judges to issue warrants to CSIS regardless of any other laws in effect, specifically laws in foreign countries? That is an absolutely enormous power.

Can she tell us what she thinks of these two troubling measures?

Protection of Canada from Terrorists Act November 18th, 2014

Mr. Speaker, my question is for my colleague. It is essentially the same question I asked the government.

We heard expert testimony from the heads of SIRC and the RCMP. In committee, they explained that this was not about getting additional powers. They are not asking for these so-called additional powers. They need resources to implement and oversee the existing measures in the Criminal Code of Canada, for example.

I have a question for my colleague. He will recall that since the government came to power, it has spent more than $600 million to advertise its economic action plan. Meanwhile, our security and intelligence agencies are telling parliamentarians in committee that they need additional resources to do their jobs.