Peter MacKay

[Military Contribution Against ISIL, October 7th, 2014]

Mr. Speaker, I want to indicate at the outset that I will be splitting my time with the Parliamentary Secretary to the Minister of National Defence, the member for Selkirk—Interlake.

I rise with others to take part in what is obviously a very sombre and serious debate. Most would agree that there is never a good time to go to war, but there comes a time in every country's history when the necessity outweighs the risk, and the urgency to defend our way of life, threatened as it is, must be defended. ISIL constitutes a clear and present danger to Canada and our allies. Before us is a debate that has been put before this House with clarity and with intent, which is proposing meaningful and measured responses to a very serious situation.

ISIL is pure evil. There is insufficient hyperbole to do justice to the depth of its depravity, no rhyme or reason to the inhumanity that it brings to this world. Some seem willing to accept this new reality. We live in a global society where terrorism does certainly not respect borders, and to offer platitudes or to attempt to placate fear with the promise of acceptance or tolerance toward this type of action reflects a fundamental disconnect.

Unfortunately, or perhaps fortunately as the case may be, we as a government do not have the luxury of indecision or inaction or denial. Beyond the rhetoric and the partisan lines, when it comes to terrorism we have a responsibility to take up arms against the sea of tyranny and to proactively help to end it. Canadians otherwise predominantly enjoy a life free from fear and far from terror because we have men and women in uniform who are prepared to stand at the ready to defend our way of life at home and abroad. We cannot and we should not stand idly by, hoping that other nations will rise to the challenge on our behalf. What we are doing, we are doing because we have always risen to the occasion, when threatened, and addressed the threat head on.

Also in the news is the scourge of Ebola. Make no mistake about it: ISIL is a human plague; an agent of indiscriminate death and clear threats to humanity.

This way of life is not be taken for granted in Canada. Where we find ourselves today as a nation has come at great cost. It has been defended on the field of battle with the blood of our illustrious ancestors. Our country was literally born on a battlefield, Vimy, according to many historians. Our greatest citizens then, as now, passed through a crucible defending our way of life. All that we hold dear rests on those sacrifices.

We need to recognize that there is a danger in complacency, and explicit in that is the notion that, when called upon, we answer, we do our part. From the privileged platform of minister of defence, I saw first hand the sacrifices made in Canada's name. There is no argument against war as compelling as witnessing first hand a ramp ceremony or a repatriation service, seeing the suffering of loved ones when their loved ones return home. That epitomizes “true patriot love”, as do the sacrifices of those who suffered bodily harm in Canada's name.

Much is at stake. Every breath we take is precious, and the bonds formed in the relationships overseas in conflict have withstood the test of time. We have all heard those stories. We have heard those who have served recount the incredible sacrifices made. However, we do not enjoy the luxury of this bond because they have sacrificed. If there is any comfort that can be passed on to families of the fallen, it lies in the true belief that their loved ones did not die in vain.

What more worthy cause? We saw in Afghanistan, as a result of efforts, little girls now able to go to school, women able to participate in the democratic process and the economy; and our efforts as a free and democratic nation have contributed to an unprecedented change of culture, albeit still fragile. It is the result of much effort on the part of many. Those are the goals to achieve for a new place in the Middle East.

Some members have invoked other images from places like Darfur, places where there have been catalogued the numbers of the dead, and yet it is these factions, those who are at the cause of this destruction and the very threat to humanity, who have come out in the past and in present to pose a direct or indirect threat to Canada, which we cannot leave unchecked.

Some have called for further debate or examination, while our traditional allies are already in the fray.

As tragic as all conflicts are, the faction involved here as the Islamic State of Iraq and the Levant, ISIL, has called for the very destruction of our way of life in the western world.

Make no mistake. These are current threats. These are real threats. This is not a war against Muslims. This is not a fight between Christianity and Islam. This is an intervention to aid in the restoration of some semblance of security against a perversion of a twisted version of a faith distorted and violence perpetrated against true innocents in that region. Yet it is perpetrated outward. It has been carried via the Internet into the homes of Canadians. The Islamic State of Iraq and the Levant has proven its distortion of faith through extreme acts of terror so callous in nature that even al Qaeda has worked to distance itself from them.

Let us be crystal clear. The evidence to act in defence of Canada is there. ISIL has targeted humanitarian workers, journalists, and citizens. Millions are displaced, and the suffering is enormous. Acts of genocide, rape as a weapon of war, kidnapping, and slavery as a stated intent are threats against our country and theirs.

We have been asked by a democratic state to assist. This brings further justification to our actions.

ISIL, on the other hand, has shown no tolerance and no conscience and has no regard for beliefs or democratic principles other than its own twisted and distorted view of the world. Now it has descended in that region into a type of maniacal barbarism and brutality rarely seen in human history. Comparisons to other conflicts are limited to the worst in world history.

ISIL has waged a brutal, inhumane war, showing equal disregard for women and children, Muslims and Christians alike. Its claim to religious authority over all Muslims worldwide and its goal to bring Muslim-inhabited regions under its own diabolic control and to spread throughout the civilized world cannot go unchecked.

Religious freedom is a fundamental Canadian value that we protect and promote throughout the world.

In addition to military collaboration, we have also sent humanitarian aid in the tens of millions to those affected. It has not been one or the other, but both. We are one of the top donors, in fact, as a country, which again is a source of pride.

We have also helped through immigration. Thousands have been liberated, because they were displaced and left vulnerable as a result of this conflict.

If we must once again put our faith in those who wear the Canadian Forces uniform, we want Canadians to know that it was a decision not taken lightly but is one we have confidence in. We cannot thank those brave men and women in uniform enough. Putting soldiers in harm's way is, as others have said, an undertaking that we must do with extreme caution and deliberation. Asking these brave souls of the Canadian Forces to defend our nation, our way of life, our beliefs, and the rights and freedoms of Canadians at home and abroad weighs heavily on all minds.

However, as a government, we take this responsibility seriously. We believe that parliamentarians should and do have an opportunity in this debate to help to carefully calibrate force and action, which is why we have added another day to this debate and why we have made this a confidence motion.

For a period of up to six months, our forces will launch air strikes against ISIL, along with our allies and partners, including Arab states, utilizing up to nine aircraft and support elements. Humanitarian relief will continue. This is a meaningful, impactful contribution. As always, we will do our part with pride and purpose.

Incremental costs will of course be reported to the Parliament of Canada, as they always are.

The current deployment of 69 members who will be participating in a non-combat advisory role will continue. As the Prime Minister has said, we are not participating in any ground combat mission. We do so in coordination with our closest allies and with the greatest intent in mind to bring about a sense of security in the region.

The dedication and determination of the men and women in uniform that we have witnessed first-hand thus far is inspirational as always. We have a long and storied history when it comes to protecting our system of beliefs and those we count among our closest friends and allies.

There are easier paths we could go down, but we will not shy away from our duty. We will do what is right, honouring our glorious history and preserving our precious future.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, no I do not. I do not think it will come as a surprise to the member or anyone in the House that I do not agree with that assessment. In fact, I can assure him that those same justice lawyers who helped craft the bill, who researched extensively the policing powers and the privacy balance that has to be sought and achieved, their advice remains consistent and the same. That is that Bill C-13, as currently drafted, does not in fact create new police powers. It does not enable them to go around existing requirements under the law to respect privacy.

I am little surprised and somewhat flummoxed by the position of the Liberal Party because it was its members who brought forward similar provisions in the past, through private member's bills, and spoke very favourably for the same supportive updating of the Criminal Code. In fact, the member for Beauséjour who was here a moment ago said the old tools, the old laws and regulations in common law around search warrants, lawful access, et cetera, have not kept up with the technology that organized crime is using. A former justice minister from the Liberal Party, Mr. Ujjal Dosanjh, said the police want to be able to apprehend or disrupt gang activity and they are at a disadvantage because of the state of the law in this area.

I do not know how the member from the Liberal Party squares those comments with his reluctance to support the bill.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, I still firmly believe that the protections are there, that the protections do in fact exist. When it comes to the judicial oversight that is required in order for a warrant to be granted, the standard the member referred to may be described as less, but it is still going to be in the decision-making power of the judge. Therefore, to cast aspersions on the judiciary, to suggest somehow they are going to make improper decisions in granting that warrant, I would suggest is not helpful in this regard.

We are very much putting our trust, our confidence and our faith in the system to work when it comes to those important decisions. Let us not lose sight of the enormity of the challenge that the police are facing and the insidious nature of what is taking place online without the proper oversight. We know that there is an explosion of activity happening on the Internet. We know we do not have sufficient tools, which is why we are acting in this regard. We know that efforts have been made not only in this Parliament, but going back some years by previous governments to move in this direction. This is not a new issue. This is not a new phenomenon. What is urgent is that we put these tools in place, that we allow greater protections and afford the police greater ability to protect people from online crime.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, it is a pleasure for me to rise again to take part in this debate on this important legislation. As members opposite would know, the legislation is intended very much to protect people, young people in particular, our most vulnerable; to protect seniors from online criminality and fraud that could defraud them of their life savings; to protect individuals from the security breaches and attacks that we know are happening regularly online.

The bill is about modernizing sections of the Criminal Code, respecting precedent, including recent Supreme Court decisions, and respecting the Constitution. However, it is about modernizing in a way that takes Criminal Code sections from the age of the rotary dial phone into the 21st century, the Internet age. We have more information available at our fingertips now and youth are more able to access information than at any other time in world history. Therefore, it stands to reason that we would want to bring legislation forward that would similarly modernize the Criminal Code and the rules that govern online criminal activity.

The bill is about amending the Criminal Code in a way that would create a new offence of the non-consensual distribution of intimate images. It would also update a number of offences and the investigative tools that allow police to use modern technology to police the Internet, so to speak, by amending other statutes such as the Mutual Legal Assistance in Criminal Matters Act.

Bill C-13 would also allow Canada to co-operate with like-minded countries in the investigation of cybercrime. I know my friend from Lévis—Bellechasse, the Minister of Public Safety, fully appreciates, from his daily interactions with police and investigators, that they need this capacity to protect people from online criminality. The portions of the bill that we are bringing forward are consistent, related, and support the common objective to give the police the ability to prevent online criminal acts.

Bill C-13 would also achieve these goals in a balanced way, something that was recognized by many of the witnesses who have already given testimony and appeared before the Standing Committee on Justice and Human Rights, where the bill was thoroughly examined.

Following this review at the committee and to reflect concerns about the difficulty of forecasting the impact that these important changes to the law and the amendments that were adopted by the committee, this was done as part of the parliamentary process and in recognition of the contributions of members and witnesses. It was done in a way that proposes changes to Bill C-13.

An important change was that after seven years of coming into force, there will be a thorough review. This is not an uncommon provision, but when breaking new ground, as the bill would do, it provides sufficient time to lapse before we assess the implementation and the impacts of the reforms.

I mentioned that the thorough review of the bill by the Standing Committee on Justice and Human Rights took place. This review involved 10 committee meetings, hours of examination, with appearances by over 40 witnesses. Many of the witnesses came to urge the committee to pass the legislation, to move forward and address the serious problems particularly around cyberbullying. We heard from people like Glen Canning, who tragically lost his daughter to a very pernicious and persistent act of cyberbullying. Therefore, there is urgency in bringing this legislative movement forward.

Those most passionate that we heard at the committee were victims, those who had felt the sting of the loss resulting from ongoing harassment and humiliation online. In several of the cases, the people who had lost loved ones because of this modern plague of cybercrime urged the government and committee members to move post-haste in getting these provisions to the Criminal Code in place.

The insidiousness of some of this behaviour is troubling in the extreme and what happens in the virtual world can have deadly consequences in the real world. While some witnesses expressed concern about the proposals, most witnesses saw the wisdom of the bill. They congratulated the government on taking action to address cybercrime, which, I am quick to add goes far beyond just the legislative initiatives.

We have put in place programs and assistance to help with getting information into schools and spreading the word, particularly to young people, about how they can get help and how they can help remove some of these offensive images that cause them such stress and anxiety. That type of information is very important, as well as the improvement and modernization of the investigative tools, which require judicial oversight and the authorization of a judge before that type of information is sought.

This is a comprehensive and balanced bill. It is about protecting the public through this new offence that is designed to address the aspects of cyberbullying. In particular, it is about modernizing existing offences and the investigative tool kit. It is very much there to give the police the ability to do in a virtual world what they do in the real world, and to seek out those who are causing this type of harm through the Internet.

The offence of non-consensual distribution of intimate images prohibits the sharing of intimate photos or photos containing nudity without the consent of the individual shown in the photos.

It is important to respond in this manner to cyberbullying, which involves activities that can cruelly humiliate and shame its targets. It can cause irreparable emotional and psychological harm to the victim. There are far too many of these cases that we could enumerate here. Suffice it to say, the pain being felt and experienced by the families is unquantifiable. The anonymity of what happens online sometimes emboldens people and empowers some to act in a cruel and wicked fashion.

Bill C-13 would respond directly to recommendations that were made in a June 2013 federal, provincial and territorial report. Therefore, there is broad support and consensus among our provincial and territorial partners to move in this fashion. The report was unanimously supported by my predecessor, the Minister of Public Safety, as well as all of those provincial attorneys general and public safety ministers.

I also alluded to the committee, which heard from a number of victims of cyberbullying and sadly the parents of some deceased victims, many of whom have now become advocates for change to better address the scourge of cyberbullying. Most of these witnesses expressed strong and unconditional support for the proposals found in Bill C-13.

In particular, and his name has been mentioned previously, Mr. Glen Canning expressed serious concern to the committee about the challenge faced by police in responding to modern crime using outdated tools. He also expressed his belief that had Bill C-13 been law, it could have had a positive impact and might have saved his daughter, Rehtaeh Parsons.

These are compelling arguments to be made for passing the bill. Further delays would leave more people vulnerable, simply put, and online crime to go unchecked. The alarmist rhetoric and some of the partisan banter here is not going to change that. Moving the bill forward will in fact fill the gap.

I hope the House understands just how important the proposed legislation is. Our police need these modern tools for modern times. Criminals are certainly using the Internet to great effect, and it is time to fight back. Bill C-13 would give the police the means to investigate and hold offenders accountable online, just as in the real world. It would provide the police with increased, judicially authorized, 21st century police tools and techniques.

I urge all members to support the bill. It is a balanced, necessary approach to putting in place offences and investigative tools that would provide the means to respond to criminal law challenges in this century and those that arise from cyberbullying.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, I know that the member is a long-standing member of this place, and I do share his observations with respect to the necessity of managing House time.

We are now entering, as we all know, a very busy time. There are many bills and legislative initiatives, including private members' bills from the opposition, as well as the budget. All of this requires management of House time.

We have had sufficient debate on this legislation. It is time to move it forward for all of the reasons that we have discussed over the last half-hour. These reasons include the necessity to give the police the powers and the judicial oversight they need in order to prevent and pre-empt the type of online harassment and criminality that have caused harm and heartbreak in so many households in Canada.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, of course I am interested in what she and members here have to say. That is why I follow this debate very closely. That is why I am here. That is why I go to committee. I go to committee, I suspect, as much as or more than any minister in our government. I go to take part in the debates that matter. I go to put forward the government's position, to back up with facts and figures the legislation that we bring forward and to bring rigour to the debate and examination that naturally follow in this place.

It gives me the opportunity to talk about more than just the debate and the legislation. Our government has also put in place a strategy with $10 million in funding to help with the creation of new crime prevention products. We now have in place the Get Cyber Safe campaign, which I know the members opposite would heartily support. It enables Canadians to get more information about how to protect themselves and their families from online threats, including cyberbullying. I know the hon. member is very interested in and very supportive of all of these efforts.

There is a National Bullying Awareness Week, which I know all members here embrace. The government created a special section on children and cyberbullying that has tips and help for teens on the use of social media.

All of this, including the private sector work being done through the needhelpnow.ca website, when coupled with this legislation, will make our youth safer. That is something I know members opposite and government members can agree on.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, one thing is certain: that member who just spoke will always have his time on the floor of the House of Commons. To his credit, I do not think there is a member who has participated more in debates of all kinds and on all subject matter.

He may be able to hoodwink some people who are here, or perhaps those who do not follow Parliament closely, but I have been around a while, as has my friend from Calgary, and I can say that there were prior governments that used time allocation. Time allocation was not invented by the current government. It is a way to manage House time. It is a way to move important legislation that has clearly become stalled.

We have heard 20 members from the NDP alone on this subject. We have heard members from the Liberal Party pronounce themselves. We will have an opportunity to examine it further. The other place, as the procedure moves along, will pronounce itself.

The bill is of importance. It is timely. It is urgent. It puts in place a regime that ensures judicial oversight. It gives the police the powers that they need, but they must act with discretion. They must, of course, as we do, respect the Supreme Court and its interpretation of the law.

We believe now is the time to move forward for the protection and the betterment of the administration of justice in Canada.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, that is a false dichotomy in the question because, in fact, this bill would not create warrantless access. That is a mythology. It is an incorrect, factually wrong statement that is being repeated time and time again by members opposite.

This bill would require and necessitate judicial oversight. It does not attempt to go around that power. It does not propose to bestow new powers on the police to perform warrantless search. They would have to get access with a judicially authorized warrant.

That was the very crux, the ratio decidendi, of the Spencer decision. It talked about the fact that people have a reasonable expectation of privacy when they go online. I do not know whether all Canadians actually believe that when they go online; we know there is lots of hacking that is not being done by the government that puts some of that data at risk.

The reality is that this legislation is about modernizing the Criminal Code sections, about putting in the hands of the police tools with judicial authorization that would allow them to go after fraud artists, child pornographers, and those who are using the Internet to intimidate and harass people. They could go after those who are taking part in activities that in the real world, not the virtual world, clearly would be criminalized.

That is what we are attempting to do through this bill. It is modernizing it. It is moving us into the 21st century, into the modern age of technology. That is what we are doing. To suggest that we should split the bill and put the Criminal Code sections in one part and put the police powers in another is like saying we should give somebody a paddle but not a boat.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, I have been around this place a little while, since 1997, and I sat, literally, where the member is sitting.

We hear the hyperbole of “savaging democracy” and “stifling debate”. As I have told the member, we have had significant debate on the bill. We have had examinations at committee. We have had input from attorneys general and justice ministers at the provincial and territorial level. We have had input from lawyers and experts of well-renowned reputation when it comes to cyber and the use of Internet, and the use of the modern information age.

Now is the time to move forward. Now is the time to make actual progress on the legislation and the insertion of Criminal Code amendments that will help protect people from the scourge of online criminality. That is what this is about.

We can argue procedural points in the House of Commons, but there is no getting away from the fact that, and I believe my colleague from Saanich—Gulf Islands would agree, as a lawyer, as a person with a legal background, there is a necessity and a pressing need to modernize our Criminal Code and bring forward amendments that empower our investigators and our courts and our entire system of justice to improve upon a system that has been outdated, and is proven to be lacking when it comes to the necessary protections for online criminality.

These sections of the Criminal Code were put in place prior to the Internet. We have talked about and I reiterate that this does not create new police powers. It does not give them new investigative powers without judicial oversight. That was very much considered, both in the drafting and presentation of the bill. It was also very much considered in the wake of the Spencer decision, which I remind members, just for emphasis, was a case involving possession and distribution of child pornography.

Let us come back to reality. Let us come back to the importance of having legislation and Criminal Code amendments that will protect Canadian citizens, protect our ability to do the important work of online investigations that will prevent the likes of what we saw in the terrible tragedy of Rehtaeh Parsons.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, of course, independent watchdogs, offices, ombudsmen, people like the Privacy Commissioner and the privacy office have indeed voiced their opinions, as have many others, as have experts.

Here is a stunning revelation for everyone. Sometimes experts disagree. Sometimes lawyers even disagree, or parliamentarians.

We believe, fundamentally, the legislation not only respects the Spencer decision, it answers the questions that have been asked with respect to judicial oversight and it answers with respect to the constitutionality of the bill itself. It is an attempt to modernize the tools that are in the hands of the police to allow them, with that judicial oversight, to investigate very sophisticated criminal activity online.

I remind my friend that the Spencer decision does not require amendments to Bill C-13. In fact, this decision addresses very plainly the ability for the police to obtain private information with a valid warrant.

Nothing in Bill C-13 is intended to create any new powers to obtain information without a warrant, as has been suggested by some members of the NDP. Simply put, the bill puts forward privacy safeguards, which are built into the legislation and built into the investigative powers of the bill. It is tailored to meet those expectations around privacy, but at the same time allow the police to do this critically important work of protecting the public from online criminality.

Quite frankly, we know this online criminality is prolific, growing and in some cases is causing young people, because of intimidation and harassment, to take their own lives. That is what is at stake.