Ralph Goodale

[National Security Act, 2017, November 20th, 2017]

Madam Speaker, the Charter of Rights and Freedoms is in the Constitution of Canada and applies in all circumstances unless a legislature has said, with respect to a specific matter, that the notwithstanding clause applies. Failing that, the Charter of Rights and Freedoms is the paramount law of this country.

[National Security Act, 2017, November 20th, 2017]

moved that:

Bill C-59, An Act respecting national security matters, be referred forthwith to the Standing Committee on Public Safety and National Security.

Madam Speaker, the Government of Canada has no greater responsibility than keeping Canadians safe. We must fulfill that essential and solemn obligation while at the same time safeguarding Canadian rights and freedoms.

This double objective of protecting Canadians while defending their rights and freedoms was the basis of our commitments regarding national security during the last election, and it informed everything we have done in the area since we have been in government.

We have, for example, created a committee of parliamentarians with unprecedented access to classified information to scrutinize the activities of all national security and intelligence agencies. We have launched the Canada Centre for Community Engagement and Prevention of Violence to help Canada become a world leader in counter-radicalization.

We have issued new ministerial directions that more clearly prohibit conduct that would result in a substantial risk of torture. Our starting point was the most extensive and inclusive consultations about national security ever undertaken by the Government of Canada. Beginning in the spring of 2016, that effort involved individual stakeholders, round tables, town halls, various renowned experts, studies by parliamentary committees, and a broad solicitation of views online. More than 75,000 submissions were received.

All of this fresh input was supplemented by earlier judicial inquires by Iacobucci, O'Connor, and Major, as well as several parliamentary proposals, certain court judgments, and reports from existing national security review bodies. It all helped to shape the legislation before us today, Bill C-59, the national security act of 2017.

The measures in this bill cover three core themes, enhancing accountability and transparency, correcting problematic elements from the former Bill C-51, and updating our national security laws to ensure that our agencies can keep pace with evolving threats.

One of the major advances in this legislation is the creation of the national security and intelligence review agency. This new body, which has been dubbed by some as a "super SIRC", will be mandated to review any activity carried out by any government department that relates to national security and intelligence, as well as any matters referred to it by the government. It will be able to investigate public complaints. It will specifically replace the existing review bodies for CSIS and the Communications Security Establishment, but it will also be authorized to examine security and intelligence activities throughout the government, including the Canada Border Services Agency.

In this day and age, security operations regularly involve multiple departments and agencies. Therefore, effective accountability must not be limited to the silo of one particular institution. Rather, it must follow the trail wherever it leads. It must provide for comprehensive analysis and integrated findings and recommendations. That is exactly what Canadians will get from this new review agency.

Bill C-59 also creates the brand new position of the intelligence commissioner, whose role will be to oversee and approve, or not approve, certain intelligence activities by CSIS and the CSE in advance. The intelligence commissioner will be a retired or supernumerary superior court judge whose decisions will be binding. In other words, if he or she says that a particular proposed operation is unreasonable or inappropriate, it will simply not proceed.

Taken together, the new comprehensive review agency, the intelligence commissioner, and the new committee of parliamentarians will give Canada accountability mechanisms of unprecedented scope and depth. This is something that Canadians have been calling for, and those calls intensified when the former Bill C-51 was introduced. We heard them loud and clear during our consultations, and we are now putting these accountability measures into place.

BillC-59 also brings clarity and rigour to internal government information sharing under the Security of Canada Information Sharing Act, or SCISA. This is the law that allows government institutions to share information with each other in respect of activities that undermine the security of Canada. Among other things, Bill C-59 would change the name of the law, in English, to the security of Canada information disclosure act, to be clear that we are talking only about the disclosure of existing information, not the collection of anything new. Government institutions will now be required to keep specific records of all disclosures made under the act, and to provide these records to the new review agency.

Importantly, Bill C-59 clarifies the definition of activities “that undermine the security of Canada”. For example, it is explicit in stating that advocacy, protest, dissent, and artistic expression are not included. The new legislation would also provide more precision in the definition of “terrorist propaganda”, in line with the well-known criminal offence of counselling.

The paramountcy of the Charter of Rights and Freedoms is an overriding principle in Bill C-59. That is perhaps most evident in the updates that we are proposing to the CSIS Act. This is the law that created CSIS back in 1984, and it has not been modernized in any meaningful way since then.

The former Bill C-51 empowered CSIS to engage in measures to reduce threats to the security of Canada without clearly defining what those measures could and could not include. We are now creating a specific closed list of measures that CSIS will have the authority to take to deal with threats. If any such activity might limit a charter right, CSIS will have to go before a judge. The activity can only be allowed if the judge is satisfied that it is compliant with the charter.

Another concern we heard during the consultations and more generally has been about the no-fly list, especially the problem of false positives, which affects people whose names are similar to listed individuals. This is due to long-standing design flaws in the way that the no-fly list was first created many years ago. Those flaws require legislative, regulatory, and technological changes to fix them.

Bill C-59 includes the necessary legislative changes and paves the way for the others that will be necessary. In essence, Canada's no-fly list currently piggybacks onto the airlines' computer systems, which means that the government does not control the fields to be included nor the way that the whole system works. This bill would give us the authority we need to allow the government, instead of airlines, to screen passenger information against the no-fly list. The people who have been affected by this, especially those with children, feel frustrated and stigmatized by their no-fly problems. That is entirely understandable, and that is why we are working so hard to get this fixed. Passing Bill C-59 is a necessary step toward that end.

There is much more in Bill C-59 than I could possibly deal with in these 10 minutes, but in keeping with the open and inclusive approach that we have taken with this legislation since before it was even drafted, we are sending it to committee before second reading to ensure that the examination of the bill is as thorough as possible.

Professor Craig Forcese, a respected expert in national security law from the University of Ottawa, said Bill C-59 “appears to be more carefully crafted than anything we've seen in this area in a long time..”. I appreciate that, but there is still more work to be done.

I certainly hope to hear ideas and advice from colleagues in the House. We are open to constructive suggestions as we work together to ensure that Canada's national security framework is as strong and effective as it can possibly be.

[Business of the House, November 9th, 2017]

Mr. Speaker, as a small footnote in history, I used to have the honour of serving as the government House leader. After an absence of 807 weeks, it is my privilege to answer this question once again on behalf of my colleague the current government House leader. Again as a historical reference, members might be interested to know that 807 weeks ago, what we were discussing in the Thursday question was reproductive technologies, public safety, competition legislation, species at risk, and pest control. In some ways, things never change. However, to get to the answer, this afternoon we will continue with the report stage debate on Bill C-45, which is the proposed cannabis legislation.

First, let me associate myself, and I am sure all members of the House, with the comments that the opposition House leader made about the respect we all have, and must have, for our veterans and members of the Canadian Armed Forces.

After we return from this constituency week, we will commence debate on Bill C-59, which deals with national security. I would inform the House that, in the interests of transparency, we will be referring this bill to committee before second reading, which will allow for a broader scope of discussion and consideration and possible amendment of the bill in the committee when that deliberation begins.

Following that, we hope to be back to the debate on Bill C-24, which would amend the Salaries Act. Our focus for the rest of the week after we return will be disposing of Bill C-45 at report stage and third reading.

Finally, Thursday of that week will be an allotted day.

[Remembrance Day, November 9th, 2017]

Mr. Speaker, as members know, the Minister of Veterans Affairs was taken ill this past week, and he deeply regrets not being able to be in the House today for the solemn moments of remembrance that are a characteristic of our Parliament every year at this time. The minister asked me to extend his warmest personal greetings to all MPs today and especially to all of the veterans whom we have the collective honour and duty to represent as I say just a few words on behalf of Canada's Minister of Veterans Affairs.

Across this country, millions of Canadians will soon be paying heartfelt tribute to veterans, Canadian Armed Forces members, and all the brave women and men who made the ultimate sacrifice in defence of Canada over our nation's lifetime.

We understand that our freedom, our prosperity, and the opportunities available to all our children are possible because of their sacrifices and achievements.

One of the ways Canadians recognize this is by wearing the red poppy in remembrance of those who fell in service. Another is by participating in commemorative events that will be taking place from coast to coast to coast. Canadians are also visiting the Remember Them website and engaging in social media with the #canadaremembers.

Some of us have had the incredibly moving experience of walking close to the footsteps of those who fought and those who died to preserve our rights and freedoms and our open, inclusive, generous, democratic Canadian way of life. It hits us powerfully when we walk up Vimy Ridge and touch that soaring monument or travel to Hill 70 or into the town of Ypres and under the arches of the Menin Gate amidst all the names inscribed there of young Canadians who passed that way en route to Passchendaele 100 years ago.

A few miles away but a generation later there were bitter losses for Canadians at Dieppe, 75 years ago in August 1942, and then our triumphant return to that same town two years later after the landings at Juno Beach and on our way to liberate Holland.

On the other side of the world, what Canadian can stand without huge emotion at the top of the steep hill that forms Sai Wan War Cemetery in Hong Kong, and look down to the South China Sea across the rows of white headstones bedecked with red Maple Leaf flags? The same emotion overtakes Canadians at the Canadian Korean War Memorial Garden just below the hills northeast of Kapyong-gun in Korea. More recently, we can trace the footsteps of brave Canadians through Kosovo and Afghanistan, and more than 50 other international missions since Korea, right up to today.

Skill, strength, courage, valour, selflessness, love of country, loyalty to comrades, faithfulness, service, sacrifice, these are the qualities that Canadians in uniform have epitomized.

This year, we especially remember the Canadian Corps deployed to Europe in 1917. They faced unimaginable hardships and incurred tens of thousands of losses on the western front, but emerged as an elite force, victorious where others failed.

Tomorrow, November 10, marks the 100th anniversary of the end of the Battle of Passchendaele. In the ceremony of remembrance in Belgium, a torchlight procession will go from the Canadian Memorial to the Passchendaele church.

Our colleague, the Parliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence, is there now.

The Minister of National Defence will be there tomorrow with a Canadian Armed Forces contingent from the same units as fought in that horrific battle, regimental representatives, the RCMP, actual veterans, youth, indigenous people, and the band of the Royal 22nd Regiment, the famous Van Doos. Canadian pride.

Our government is committed to honouring and commemorating our men and women in uniform from every era and every generation.

That is why we were all very proud to sponsor the 2017 Invictus Games in Toronto, for injured, ill, and wounded military members and veterans. Prince Harry was there, the Prime Minister, the former president and vice-president of the United States, the incumbent first lady, and thousands of Canadians in the stands to cheer on the vets. These games demonstrated how far the dedication of these wounded warriors truly goes. Yes, they gained something from the camaraderie and competition of the games, but we all gained so much more from their inspiration: to persevere in the face of daunting obstacles. Honouring our women and men in uniform is a privilege.

We encourage all Canadians to remember and to express gratitude and appreciation for veterans, the fallen and those who continue to serve.

We should think of Canada's veterans and all those who gave their lives in service. Think of the current members of the Canadian Armed Forces across this country and around the world. Think of men and women from every region of our country, every walk of life, every ethnic, cultural, and religious background, from first nations, Inuit, and Métis communities, francophones, and anglophones. We should think of all those who have put service before self and thank a veteran or a Canadian Armed Forces member when we see them, ask about their stories, and listen carefully to what they have to say.

Most importantly, join the country for two minutes of silence at 11 o’clock on November 11th to honour the memory of all who have served.

On Remembrance Day, I will be in the hockey arena in Regina with the Royal Canadian Legion. The stands will be filled. Soldiers, sailors, air personnel, cadets, Mounties, other police and peace officers, and community groups will march in formation, the bands will play, speeches will be given, prayers will be offered, wreaths will be laid, and the Act of Remembrance will be performed. Then, at the end, the veterans will parade across the arena floor, some in wheelchairs, some with canes, some on their own.

The entire place will rise, and the applause will be loud and long, following their every step, saying “Thank you” to real-life heroes, and also to those who did not come home.

They shall grow not old, as we that are left grow old:
Age shall not weary them, nor the years condemn.
At the going down of the sun and in the morning
We will remember them.

Canada remembers.

Lest we forget.

[Human Rights, November 7th, 2017]

Mr. Speaker, the Prime Minister, some months ago, appointed the hon. member for Edmonton Centre to consult broadly across the country with the community to make sure that all elements of this issue were properly heard and known and taken into account, so that the apology when given can be thorough and complete and the other appropriate actions around that apology can reinforce the basic message of rights and freedoms in this country.

[Immigration, Refugees and Citizenship, November 6th, 2017]

Mr. Speaker, we are working very hard to improve the immigration detention system. I thank the member for Toronto—Danforth for being such a strong advocate.

Today I am announcing a new directive that includes the best interests of the child as a primary factor for the Canada Border Services Agency when making decisions affecting families. The goal is to avoid children in detention as much as humanly possible. We are committed to an immigration system that protects public safety while treating people with fairness, dignity, and compassion.

[Public Safety, November 6th, 2017]

Mr. Speaker, the problem is that the no-fly list that was designed 10 years ago contains an inherent design flaw that needs to be fixed. To fix it takes legislation and regulation and a new computer system built from the bottom up.

The first step is to pass Bill C-59 to give us the legal authority to do these things. I urge the NDP to support Bill C-59.

[Public Safety, November 6th, 2017]

Mr. Speaker, we fully appreciate the frustration of law-abiding travellers who can be stigmatized and delayed as a result of false positives on the no-fly list.

However, to be clear, there are no children on the no-fly list, but there is confusion among similar names. That takes new legislation to fix that problem, new regulations, and a new computer system.

The first of those steps is being taken in Bill C-59. I urge the NDP to vote for it.

[Correctional Service Canada, October 31st, 2017]

Mr. Speaker, as the hon. gentleman knows, the situation at the Edmonton institution is under investigation by a number of agencies, including the police. Accordingly, the commentary with respect to that particular situation needs to be careful to avoid any interference with the investigation.

However, I want to absolutely assure him that the concern that he has expressed is shared by the government. I have asked the commissioner of Correctional Services to ensure that this problem is contained and goes no further.

[Canadian Security Intelligence Service, October 27th, 2017]

Madam Speaker, CSIS, indeed all the agencies in the public safety portfolio, know very clearly my attitude with respect to these matters. This behaviour is unacceptable. When it happens, there must be appropriate consequences that follow.

I would simply point out to the hon. gentleman that the legal procedures that are engaged here are at an early stage of evolving, and they need to properly take their course, but they will be followed very carefully by me and my officials to determine an appropriate outcome. This kind of behaviour is simply—