Mr. Speaker, thinking back to the 2015 general federal election, there were certainly few issues as contentious as Bill C-51, the so-called Anti-Terrorism Act. In my riding of Kootenay—Columbia, citizens came out en mass to protest in many communities, including Invermere, Revelstoke, Nelson, and in my home town of Cranbrook. I attended some of those rallies and found that the opposition cut across partisan and generational lines.
As I said at the time, the more people knew about Bill C-51, the more they disliked it. Letting Canadians know the details of the bill was not part of the former government's playbook. I remember my predecessor inviting the Attorney General to the riding. He was one of the co-authors of the bill, but rather than invite members of the public to ask questions or provide input, they held some private meetings and then left. Not even the local media were allowed to speak to the Attorney General at the time.
This is the kind of anti-democratic behaviour that helped Canadians decide to retire the Conservative government and elect a new one. Why did Canadians and the people in my riding of Kootenay—Columbia hate and fear the Anti-Terrorism Act so much? It was because it potentially criminalized activities like peaceful protests and picket lines, by giving police broad powers to breach Canadians' privacy. Many of my constituents believed it was clearly aimed not at terrorists, but at stopping democratic resistance to the Conservatives' priority projects such as pipelines. It helped to end 21 years of Conservative MPs in my riding in the corner of British Columbia.
The Liberal Party, which fully supported Bill C-51 when it was being debated and voted on, promised during the election to do better. The Liberals said they would repeal the worst parts of the bill. Here we are two years after the election and the government is just now getting around to addressing that terrible piece of legislation. Its response is insufficient.
The new legislation, Bill C-59, still allows the widespread sharing of Canadians' personal information on a national security list. It maintains a very broad definition of activities that the government claims will undermine the security of Canada, an issue that the Privacy Commissioner has flagged, and it does not ensure real-time oversight of the bulk collection of Canadians' private data.
What is worse is that the government is dealing with this legislation in an entirely undemocratic fashion, forcing the bill to committee, without second reading debate.
Despite their support for Bill C-51, the Liberals were elected on a promise to fix this terrible legislation. So far, they have fallen far short of doing so.
This goes on the lengthening list of broken promises. Let us look at the bill in detail.
In November 2016, the Federal Court issued a ruling on CSIS bulk data collection. CSIS illegally kept potentially revealing electronic data about people over a 10-year period. In a hard-hitting ruling, Justice Simon Noel said that the Canadian Security Intelligence Service breached its duty to inform the court of its data collection program, since the information was gathered using judicial warrants. CSIS should not have retained the information since it was not directly related to threats to the security of Canada.
Bill C-59 responds to the Federal Court ruling in the most concerning way for our privacy, enshrining bulk collection by CSIS of metadata containing private information of Canadians not relevant to investigations. That is right: rather than ordering CSIS to obey the law and stop storing Canadians' data illegally, the bill makes it legal for it to do so. The new bill does relatively little to roll back the extensive information-sharing powers Bill C-51 gave security agencies. The fact remains there is still too broad a definition as to what constitutes national security. The newly renamed security of Canada information disclosure act still permits departments to disclose far too much information in their pursuit of questionable security objectives.
Bill C-51 gave CSIS broad powers to reduce threats through conduct that threatens freedom of expression, public safety, and freedom of association, and it was ripe for abuse. The new legislation still provides CSIS with those powers, but limits them from including torture, detention, and serious destruction of property that would endanger a life.
It is good that the government would no longer have the right to torture its citizens, but the power CSIS maintains would be more appropriate to a totalitarian police state than to Canada. Bill C-59, like Bill C-51 before it, would make Canada a comfortable place for Big Brother.
The government will tell us that none of this is likely and that no powers would ever be abused, yet we already have examples where over-zealousness in the name of anti-terrorism has harmed Canadians. We have seen just this month taxpayers having to pay out settlements worth tens of millions of dollars to Canadians who were tortured overseas due to the complicit actions of the Canadian security services. We see hundreds of young children whose names are on the no-fly list, unable to accompany their families from one city to another because they have been banned, and the government has been unable to find a mechanism to review and correct the list. Apparently, the government is considering a new computer system to manage the no-fly list. Let us hope it works better than the Phoenix payroll system has.
Bill C-59 will not undo the damage that Bill C-51 created. It is a Band-Aid for a gaping wound. With my NDP colleagues, I will be opposing the motion to ram Bill C-59 through the democratic process, and I will join the chorus of Canadians calling for Bill C-51 to be repealed, not just tinkered with. Let me close with a quotation from Daniel Therrien, the Privacy Commissioner of Canada, when he spoke before the access to information, privacy and ethics committee a year ago, November 22, 2016. He said:
Do we want a country where the security service has a lot of information about most citizens with a view to detecting national security threats? Is that the country we want to live in?
We have seen real cases in which CSIS had in its bank of information the information about many people who did not represent a threat. Is that the country we want?
The answer from Canadians clearly is no. That is most certainly not a country we want, and we cannot and will not support Bill C-59.
