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View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2019-06-07 12:27 [p.28761]
Madam Speaker, I am very pleased to rise in the House today.
I ask for the indulgence of the House and I hope no one will get up on a point of order on this, but because I am making a speech on a specific day, I did want to shout out to two of my biggest supporters.
The first is to my wife Chantale, whose birthday is today. I want to wish her a happy birthday. Even bigger news is that we are expecting a baby at the end of July. I want to shout out the fact that she has been working very hard at her own job, which is obviously a very exhausting thing, and so the patience she has for my uncomparable fatigue certainly is something that I really do thank her for and love her very much for.
I do not want to create any jealousy in the household, so I certainly want to give a shout-out to her daughter and our daughter Lydia, who is also a big supporter of mine. We are a threesome, and as I said at my wedding last year, I had the luck of falling in love twice. I wanted to take this opportunity, not knowing whether I will have another one before the election, to shout out to them and tell them how much I love them.
I thank my colleagues for their warm thoughts that they have shared with me.
On a more serious note, I would like to talk about the Senate amendments to Bill  C-59. More specifically, I would like to talk about the process per se and then come back to certain aspects of Bill  C-59, particularly those about which I raised questions with the minister—questions that have yet to be answered properly, if at all.
I want to begin by touching on a more timely issue related to a bill that is currently before the House, Bill C-98. This bill will give more authority to the Civilian Review and Complaints Commission for the RCMP so that it also covers the Canada Border Services Agency. That is important because we have been talking for a long time about how the CBSA, the only agency that has a role to play in our national security, still does not have a body whose sole function is to review its operations.
Of course, there is the National Security and Intelligence Committee of Parliamentarians, which was created by Bill C-22, and there will soon be a committee created by Bill  C-59 that will affect the CBSA, but only with regard to its national security related activities.
I am talking about a committee whose sole responsibility would be to review the activities of the Canada Border Services Agency and to handle internal complaints, such as the allegations of harassment that have been reported in the media in recent years, or complaints that Muslim citizens may make about profiling.
It is very important that there be some oversight or further review. I will say that, as soon as an article is published, either about a problem at the border, about the union complaining about the mistreatment of workers or about problems connected to the agency, the minister comes out with great fanfare to remind everyone that he made a deep and sincere promise to create a system that would properly handle these complaints and that there would be some oversight or review of the agency.
What has happened in four whole years? Nothing at all.
For years now, every time there is a report in the news or an article comes out detailing various allegations of problems, I have just been copying and pasting the last tweet I posted. The situation keeps repeating, but the government is not doing anything.
This situation is problematic because the minister introduced a bill at the last minute, as the clock is winding down on this Parliament, and the bill has not even been referred yet to the House of Commons Standing Committee on Public Safety and National Security.
I have a hard time believing that we will pass this bill in the House and an even harder time seeing how it is going to get through the Senate.
That is important because, in his speech, the minister himself alluded to the fact that in fall 2016, when the Standing Committee on Public Safety and National Security, of which I am a member, travelled across the country to study the issue and make recommendations ahead of introducing Bill C-59, the recommendation to create a committee tasked with studying the specific activities of the CBSA was one of the most important recommendations. As we see in BillC-98, the government did not take this opportunity to do any such thing.
It is certainly troubling, because Bill C-59 is an omnibus piece of legislation. I pleaded with the House, the minister and indeed even the Senate, when it reached the Senate, through different procedural mechanisms, to consider parts of the bill separately, because, as the minister correctly pointed out, this is a huge overhaul of our national security apparatus. The concern with that is not only the consideration that is required, but also the fact that some of these elements, which I will come back to in a moment, were not even part of the national security consultations that both his department and the committee, through the study it did, actually took the time to examine.
More specifically, coming back to and concluding the point on BillC-98, the minister does not seem to have acted in a prompt way, considering his commitments when it comes to oversight and/or a review of the CBSA. He said in his answer to my earlier question on his speech that it was not within the scope of this bill. That is interesting, not only because this is omnibus legislation, but also because the government specifically referred the legislation to committee prior to second reading with the goal of allowing amendments that were beyond the scope of the bill on the understanding that it did want this to be a large overhaul.
I have a hard time understanding why, with all the indicators being there that it wanted this to be a large, broad-reaching thing and wanted to have things beyond the scope, it would not have allowed for this type of mechanism. Instead, we find we have a bill, BillC-98, arriving at the 11th hour, without a proper opportunity to make its way through Parliament before the next election.
I talked about how this is an omnibus bill, which makes it problematic in several ways. I wrote a letter to some senators about children whose names are on the no-fly list and the No Fly List Kids group, which the minister talked about. I know the group very well. I would like to congratulate the parents for their tireless efforts on their children's behalf.
Some of the children are on the list simply because the list is racist. Basically, the fact that the names appear multiple times is actually a kind of profiling. We could certainly have a debate about how effective the list is. This list is totally outdated and flawed because so many people share similar names. It is absurd that there was nothing around this list that made it possible for airlines and the agents who managed the list and enforced the rules before the bill was passed to distinguish between a terrorist threat and a very young child.
Again, I thank the parents for their tireless efforts and for the work they did in a non-partisan spirit. They may not be partisan, but I certainly am. I will therefore take this opportunity to say that I am appalled at the way the government has taken these families and children hostage for the sake of passing an omnibus bill.
The minister said that the changes to the no-fly list would have repercussions on a recourse mechanism that would stop these children from being harassed every time they go to the airport. This part of the bill alone accounted for several hundred pages.
I asked the government why it did not split this part from the rest of the bill so it would pass sooner, if it really believed it would deliver justice to these families and their kids. We object to certain components or aspects of the list. We are even prepared to challenge the usefulness of the list and the flaws it may have. If there are any worthy objectives, we are willing to consider them. However, again, our hands were tied by the use of omnibus legislation. During the election campaign, the Liberals promised to make omnibus bills a thing of the past.
I know parents will not say that, and I do not expect them to do so. I commend them again for their non-partisan approach. However, it is appalling and unacceptable that they have been taken hostage.
Moreover, there is also BillC-21.
I will digress here for a moment. BillC-21, which we opposed, was a very troubling piece of legislation that dealt with the sharing of border information with the Americans, among others. This involved information on citizens travelling between Canada and the United States. Bill C-59 stalled in the Senate, much like Bill C-21.
As the Minister of Public Safety's press secretary was responding to the concerns of parents who have children on the no-fly list, he suddenly started talking about BillC-21 as a solution for implementing the redress system for people who want to file a complaint or do not want to be delayed at the airport for a name on the list, when it is not the individual identified. I think it is absolutely awful that these families are being used as bargaining chips to push through a bill that contains many points that have nothing to do with them and warrant further study. In my view, those aspects have not been examined thoroughly enough to move the bill forward.
I thank the Minister of Public Safety and Emergency Preparedness for recognizing the work I did in committee, even though it took two attempts when he responded to my questions earlier today. In committee, I presented almost 200 amendments. Very few of them were accepted, which was not a surprise.
I would like to focus specifically on one of the Senate's amendments that the government agreed to. This amendment is important and quite simple, I would say even unremarkable. It proposes to add a provision enabling us to review the bill after three years, rather than five, and make amendments if required. That is important because we are proposing significant and far-reaching changes to our national security system. What I find intriguing is that I proposed the same amendment in committee, which I substantiated with the help of expert testimony, and the Liberals rejected my amendment. Now, all of a sudden, the Senate is proposing the same amendment and the government is agreeing to it in the motion we are debating today.
I asked the Minister of Public Safety and Emergency Preparedness why the Liberals were not willing to put partisanship aside in a parliamentary committee and accept an opposition amendment that proposed a very simple measure but are agreeing to it today. He answered that they had taken the time to reflect and changed their minds when the bill was in the Senate. I am not going to spend too much of my precious time on that, but I find it somewhat difficult to accept because nothing has changed. Experts appeared before the Standing Committee on Public Safety and National Security, and it was very clear, simple and reasonable. Having said that, I thank the minister for finally recognizing this morning that I contributed to this process.
I also want to talk about some of what concerns us about the bill. There are two pieces specifically with regard to what was BillC-51 under the previous government, and a few aspects new to this bill that have been brought forward that cause us some concern and consternation.
There are two pieces in BillC-51 that raised the biggest concerns at the time of debate in the previous Parliament and raised the biggest concerns on the part of Canadians as well, leading to protests outside our committee hearings when we travelled the country to five major cities in five days in October 2016. The first has to do with threat disruption, and the second is the information-sharing regime that was brought in by Bill C-51. Both of those things are concerning, for different reasons.
The threat disruption powers offered to CSIS are of concern because at the end of the day, the reason CSIS was created in the first place was that there was an understanding and consensus in Canada that there had to be a separation between the RCMP's role in law enforcement, which is making arrests and the work that revolves around that, and intelligence gathering, which is the work our intelligence service has to do, so they were separated.
However, bringing us back closer to the point where we start to lose that distinction with regard to the threat disruption powers means that a concern about constitutionality will remain. In fact, the experts at committee did say that Bill C-59, while less unconstitutional than what the Conservatives brought forward in the previous Parliament, had yet to be tested, and there was still some uncertainty about it.
We still believe it is not necessary for CSIS to have these powers. That distinction remains important if we want to be in keeping with the events that led to the separation in the first place, namely the barn burnings, the Macdonald Commission and all those things that folks who have followed this debate know full well, but which we do not have time to get into today.
The other point is the sharing of information, which we are all familiar with. We opened the door to more liberal sharing of information, no pun intended, between the various government departments. That is worrisome. In Canada, one of the most highly publicized cases of human rights violations was the situation of Maher Arar while he was abroad, which led to the Arar commission. In such cases, we know that the sharing of information with other administrations is one of the factors that can lead to the violation of human rights or torture. There are places in the world where human rights are almost or completely non-existent. We find that the sharing of information between Canadian departments can exacerbate such situations, particularly when information is shared between the police or the Canadian Security Intelligence Service and the Department of Foreign Affairs.
There is an individual who was tortured abroad who is currently suing the government. His name escapes me at the moment. I hope he will forgive me. Global Affairs Canada tried to get him a passport to bring him back to Canada, regardless of whether the accusations against him were true, because he was still a Canadian citizen. However, overwhelming evidence suggests that CSIS and the RCMP worked together with foreign authorities to keep him abroad.
More information sharing can exacerbate that type of problem because, in the government, the left hand does not always know what the right hand is doing. Some information can fall into the wrong hands. If the Department of Foreign Affairs is trying to get a passport for someone and is obligated by law to share that information with CSIS, whose interests are completely different than those of our diplomats, this could put us on a slippery slope.
The much-criticized information sharing system will remain in place with Bill C-59. I do not have the time to list all the experts and civil society groups that criticized this system, but I will mention Amnesty International, which is a well-known organization that does excellent work. This organization is among those critical of allowing the information sharing to continue, in light of the human rights impact it can have, especially in other countries.
Since the bill was sent back to committee before second reading, we had the advantage of being able to propose amendments that went beyond the scope of the bill. We realized that this was a missed opportunity. It was a two-step process, and I urge those watching and those interested in the debates to go take a look at how it went down. There were several votes and we called for a recorded division. Votes can sometimes be faster in committee, but this time we took the time to do a recorded division.
There were two proposals. The Liberals were proposing an amendment to the legislation. We were pleased to support the amendment, since it was high time we had an act stating that we do not support torture in another country as a result of the actions of our national security agencies or police forces. Nevertheless, since this amendment still relies on a ministerial directive, the bill is far from being perfect.
I also proposed amendments to make it illegal to share any information that would lead to the torture of an individual in another country. The amendments were rejected.
I urge my colleagues to read about them, because I am running out of time. As you can see, 20 minutes is not enough, but I would be happy to take questions and comments.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2018-06-18 17:36 [p.21175]
Mr. Speaker, I thank my colleagues for their speeches. Here we are again, debating Bill C-59 at third reading, and I would like to start by talking about the process of debate surrounding a bill, which started not with this government, but rather during the last Parliament with the former Bill C-51.
Contrary to what we have been hearing from the other side today and at other times as well, the NDP and the Green Party were the only ones that opposed Bill C-51 in the previous Parliament. I have heard many people talk about how they were aware that Canadians had concerns about their security, about how a balanced approach was vital, and about how they understood the bill was flawed. They took it for granted that they would come to power and then fix the many, many, many flaws in the bill. Some of those flaws are so dangerous that they threaten the rights, freedoms, and privacy of Canadians. Of course, I am talking about the Liberal Party, which supported Bill C-51 even as it criticized it. I remember that when it was before committee, the member for Malpeque, who is still an MP, spend his time criticizing it and talking about its flaws. Then the Liberal Party supported it anyway.
That is problematic because now the government is trying to use the bill to position itself as the champion of nuanced perspectives. The government keeps trying to say that there are two objectives, namely to protect Canadians and to protect Canadians' rights. I myself remember a rather different situation, which developed in the wake of the 2014 attack on Parliament. The Conservative government tried to leverage people's fear following that terrible event to make unnecessary legislative changes. I will comment further on what was really necessary to protect Canadians.
A legislative change was therefore proposed to increase the powers given to national security agencies, but nothing was done to enhance the oversight system, which already falls short of where it needs to be to ensure that their work is done in full compliance with our laws and in line with Canadians' expectations regarding their rights and freedoms. Surveys showed that Canadians obviously welcomed those measures because, after all, we were in a situation where ISIS was on the rise, and we had the attack in Saint-Jean-sur-Richelieu, which is not far from my region. We also had the attack right here in Parliament. They took advantage of people's fear, so there was some support for the measures presented in the bill.
To the NDP, our reflection in caucus made it very clear that we needed to stand up. We are elected to this place not only to represent our constituents, but also to be leaders on extremely difficult issues and to make the right decision, the decision that will ensure that we protect the rights of Canadians, even when that does not appear to be a popular decision.
Despite the fact that it seemed to be an unpopular decision, and despite the fact that the Liberals, seeing the polls, came out saying “We are just going to go with the wind and try and denounce the measures in the bill so that we can simultaneously protect ourselves from Conservative attacks and also try and outflank the NDP on the progressive principled stand of protecting Canadians' rights and freedoms,” what happened? The polls changed. As the official opposition, we fought that fight here in Parliament. Unlike the Liberals, we stood up to Stephen Harper's draconian BillC-51. We saw Canadians overwhelmingly oppose the measures that were in Bill C-51.
What happened after the election? We saw the Liberals try to square the circle they had created for themselves by denouncing and supporting legislation all at the same time. They said not to worry, because they were going to do what they do best, which is to consult. They consulted on election promises and things that were already debated in the previous Parliament.
The minister brought forward his green paper. The green paper was criticized, correctly and rightfully so, for going too far in one direction, for posing the question of how we could give more flexibility to law enforcement, how we could give them more tools to do their jobs, which is a complete misunderstanding of the concerns that Canadians had with Bill C-51 to begin with. It goes back to the earlier point I made. Instead of actually giving law enforcement the resources to create their tools, having a robust anti-radicalization strategy, and making sure that we do not see vulnerable young people falling through the cracks and being recruited by terrorist organizations like ISIS or the alt right that we see in these white supremacist groups, what happened?
We embarked on this consultation that was already going in one direction, and nearly two years after the Liberals coming into power, we finally see legislation tabled. The minister, in his speech earlier today, defended tabling that legislation in the dying days of a spring sitting of Parliament before the House rises for the summer by saying that we would have time to consider and contemplate the legislation over the summer. He neglected to mention that the very same powers that stood on shaky constitutional ground that were accorded to agencies like CSIS by the Conservatives' BillC-51 remain on the books, and as Michel Coulombe, the then director of CSIS, now retired, said repeatedly in committee, they are powers that were being used at that time.
It is all well and good to consult. Certainly, no one is opposed to the principles behind consultation, but when the consultation is about promises that were made to the Canadian people to fix legislation that undermined their rights while the very powers that undermined their rights are still on the books and being used, then one has to recognize the urgency to act.
The story continues because after this consultation the Standing Committee on Public Safety and National Security conducted a consultation. We made recommendations and the NDP prepared an excellent supplementary report, which supports the committee's unanimous recommendations, but also includes our own, in support of the bill introduced by my colleague from Esquimalt—Saanich—Sooke, which is on the Order Paper. He was the public safety critic before me and he led the charge, along with the member for Outremont, who was then the leader of the official opposition, against BillC-51. The bill introduced by my colleague from Esquimalt—Saanich—Sooke entirely repeals all of the legislation in Bill C-51.
Interestingly, the Minister of Public Safety and Emergency Preparedness defended the fact that he did not repeal it all by stating that several MPs, including the member for Spadina—Fort York, said that the reason not to do so was that it would be a highly complex legislative endeavour. My colleague introduced a bill that is on the Order Paper and that does exactly that. With due respect to my colleague, it cannot be all that complex if we were able to draft a bill that achieved those exact objectives.
Bill C-59 was sent to the Standing Committee on Public Safety and National Security before second reading, on the pretext that this would make it possible to adopt a wider range of amendments, give the opposition more opportunities to be heard, and allow for a robust study. What was the end result? A total of 55 amendments were adopted, and we are proud of that. However, of those 55 amendments, two come from the NDP, and one of those relates to the preamble to one part of the bill. While I have no desire to impugn the Liberals' motives, the second amendment was adopted only once the wording met their approval. None of the Conservatives' amendments were adopted. Ultimately, it is not the end of the world, because we disagree on several points, but I hear all this talk about collaboration, yet none of the Green Party's amendments were adopted. This goes to show that the process was rigged and that the government had already decided on its approach.
The government is going to brag about the new part 1.1 of the legislation that has been adopted. Contrary to what the minister said when answering my question earlier today in debate, that would not create any new legal obligation in terms of how the system currently works. The ministerial directives that are adopted to prohibit—despite loopholes, it is important to note—the use of information obtained under torture will remain just that, ministerial directives. The legal obligation that the minister or the Governor in Council “may” recommend the issuing of directives to deputy heads of departments is just not good enough. If it were, the Liberals would have had no problem voting for amendments that I read into record at committee. Time does not permit me to reread the amendments into the record, but I read them into the record in my question for the minister. The amendments would have explicitly and categorically prohibited acquiring, using, or, in way, shape, or form, interacting with information, from a public safety perspective, that may have been obtained under the use of torture. That is in keeping with our obligations under international law conventions that Canada has signed on to.
On a recorded vote, on every single one of those amendments, every member of the committee, Liberal and Conservative alike, voted against them. I invite Canadians to look at that record, and I invite Canadians to listen to what the minister said in response to me. When public safety may be at risk, there is no bigger admission that they are open to using information obtained under the use of torture than saying that they want to keep the flexibility when Canadians are at risk. Let Canadians be assured that it has been proven time and again that information obtained under the use of torture is of the most unreliable sort. It not only does nothing to protect Canadians and ensure public safety, but most of the time it does the opposite, by leading law enforcement on wild goose chases with erroneous information that could put their lives at risk, and Canadian lives at risk, not to mention the abhorrent and flagrant breach of human rights here and elsewhere through having those types of provisions. Therefore, I will let the Liberals explain why they voted against those amendments to explicitly prohibit torture, and why they feel that standing on ministerial directives and words like “may”, that are anything but binding, is good enough.
The Minister of Public Safety loves to boast that he has the support of various experts, and I have the utmost respect for those experts. I took the process in committee very seriously. I tried to unpack the extremely complex elements of the bill.
My Conservative colleague mentioned the Chair's decision to apply Standing Order 69.1. In my opinion, separating the votes on the different elements of the bill amounts to an acknowledgement that it is indeed an omnibus bill. A former director of CSIS, who served as a national security advisor to Prime Minister Harper and the current Prime Minister, said that the bill was beginning to rival the Income Tax Act in terms of complexity. Furthermore, several witnesses were forced to limit their testimony to just one part of the bill. In addition, elements were added concerning the Communications Security Establishment, or CSE, and those elements fall within the scope of national defence, yet they were never mentioned during the consultations held by the Standing Committee on Public Safety and National Security or by the Minister of Public Safety.
Before anyone jumps on me, I want to say that we realize the CSE's statutory mandate needs to be updated. We recognize that cybersecurity threats exist. However, when a government rams something through, as the government is doing with Bill C-59, we end up with flawed definitions, in particular with respect to the information available to the public, and with vague allocation of powers. Furthermore, the government is already announcing the position of a director of a new centre that is being created, under which everything will be consolidated, even though the act that is set out in the budget and, according to the minister, should be introduced this fall, has not yet been introduced.
This bill has many parts. The committee heard from some impressive experts, including professors Carvin, Forcese, and Wark, authors of some very important and interesting briefs, all of which are well thought out and attempt to break down all of the complicated aspects of the bill, including the ones I just mentioned. In their columns in The Globe and Mail, they say that some parts of the bill are positive and others require a more in-depth study. One of these parts has to do with information sharing.
Information sharing was one of the most problematic aspects of BillC-51.
Information sharing is recognized by the experts whom the minister touts as those supporting his legislation, by civil liberties associations and others, as one of the most egregious elements of what was BillC-51, and that is changed only in a cosmetic way in this legislation.
We changed “sharing” to “disclosure”, and what does that mean? When there are consequential amendments to changing “disclosure” everywhere else in all of these acts, it does not change anything. All experts recognize that. The problematic information-sharing regime that was brought in, which is a threat to Canadians' rights and freedoms, still exists.
If we want to talk about what happened to Maher Arar, the Liberals voted down one of my amendments to include Global Affairs as one of the governmental departments that Canadians could make a complaint about to the new review agency. Yet, when it comes to consular services, when it comes to human rights breaches happening to Canadians abroad, Global Affairs and consular services have a role to play, especially when we see stories in the news of CSIS undermining efforts of consular affairs to get Canadians out of countries with horrible human rights records and back here.
This has all fallen on deaf ears. The information-sharing regime remains in place. The new powers given to CSE, in clause 24, talk about how CSE has the ability to collect. Notwithstanding the prohibition on it being able to collect information on Canadians, it can, for the sake of research and other things, and all kinds of ill-defined terms, collect information on the information infrastructure related to Canadians.
Incidentally, as a matter of fact, it voted down my amendments to have a catch-and-release provision in place for information acquired incidentally on Canadians. What does that do? When we read clause 24 of part 3 of the bill related to CSE, it says that it is for the purposes of “disclosing”. Not only are they now exempt from the explicit prohibition that they normally have in their mandate, they can also disclose.
What have the Liberals done to the information-sharing regime brought in by the Conservatives under BillC-51? It is called “disclosure” now. Members can do the math. We are perpetuating this regime that exists.
I know my time is very limited, so I want to address the issue of threat disruption by CSIS. As I said in my questions to my Conservative colleague, the very reason CSIS exists is that disruption is a police duty. As a result, leaving the power to disrupt threats granted in former Bill C-51 in the hands of CSIS still goes against the mandate of CSIS and its very purpose, even if the current government is making small improvements to the constitutionality of those powers. That is unacceptable.
I am not alone in saying this. As I said in my questions to my Conservative colleagues, I am talking about the excellent interview with former RCMP commissioner Paulson. He was interviewed by Professors Carvin and Forcese on their podcast. That interview raised concerns about that power.
In closing, I would like to talk about solutions. After all, I did begin my remarks by saying that we do not want to increase the legislative powers, which we believe are already sufficient. I am talking here about Bill C-51, which was introduced in the previous Parliament. We need to look at resources for police officers, which were cut by the previous government. The Conservatives eliminated the police recruitment fund, which allowed municipalities and provinces to recruit police officers and improve police services in their jurisdictions. I am thinking in particular of the Montreal police, or SPVM, and the Eclipse squad, which dealt with street gangs. It was a good thing the Government of Quebec was there to fill the gap left by the elimination of the funding that made it possible for the squad to exist. The current government is making some efforts in the fight against radicalization, but it needs to do more. The Conservatives are dumping on and ridiculing those efforts. The radicalization that we are seeing on social media and elsewhere targets vulnerable young people. Ridiculing and minimizing the government's efforts undermines the public safety objectives that we need to achieve.
We cannot support a bill that so deeply undermines the protection of Canadians' rights and privacy. Despite what they claim across the way, this bill does nothing to protect the safety of Canadians, which, let us be clear, is an objective all parliamentarians want to achieve. However, achieving that objective must not be done to the detriment of rights and freedoms, as was the case under the previous government and as is currently still the case with this bill.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2018-06-18 17:58 [p.21178]
Mr. Speaker, if the member has a problem with the validity or the quality of the NDP amendments, he can take it up with the folks who offered us the exact wording we used, like the BC Civil Liberties Association, the Citizen Lab at Munk School at the University of Toronto, or Jean-Pierre Plouffe, who is the current commissioner of the CSE, and who will likely fill the role of the intelligence commissioner created by this legislation, or the RCMP Civilian Review and Complaints Commission. These are the organizations from which we took the wording that we used in our amendments. Therefore, on that front, I am very comfortable with the quality of the amendments, because they come from esteemed experts and folks who are fighting the good fight in civil society.
That being said, if I were to give the Liberals a report card on this issue, they would get two failures. The first failure is with respect to leadership in the previous Parliament. They were spineless with respect to BillC-51 when the previous government brought in that draconian legislation. They can have all the revisionist history they want, but the reality is that real leadership is standing up for Canadian rights and freedoms. That is not what they did in the last Parliament. In conclusion, the second failure is with respect to what they have done with this legislation, which does nothing to fix any of the problems. Therefore, there was a failure to show leadership and to fix the problems that they allowed to happen in the first place.
View Elizabeth May Profile
GP (BC)
View Elizabeth May Profile
2018-06-18 19:20 [p.21189]
Mr. Speaker, I appreciate that the hon. member for Bellechasse—Les Etchemins—Lévis has perhaps a more nostalgic and certainly more favourable view of what took place in the 41st Parliament, but I put it to him that my experience in studying BillC-51 convinced me that it made us much less safe. I will give an example and hope my hon. colleague can comment on it.
Far from creating silos, Bill C-59 would help us by creating the security and intelligence review agency because, in the words of former chief justice John Major who chaired the Air India inquiry, we have had no pinnacle review, no oversight over all the actions of all the agencies. This is a real-life example. When Jeffrey Delisle was stealing secrets from the Canadian navy, CSIS knew about it. CSIS knew all about it, but it decided not to tell the RCMP. The RCMP acted when it got a tip from the FBI. We know that in the Air India disaster, various agencies of the Government of Canada—CSIS knew things as did the RCMP—did not talk to each other. The information sharing sections to which the member refers have nothing to do with government agencies sharing the information they have about a threat. They have to do it by sharing personal information of Canadians, such as what occurred to Maher Arar.
To the member's last comment that nothing has gone wrong since BillC-51, my comment is: how would we know? Everything is secret. Rights could have been infringed. No special advocate was in the room. We have no idea what happened to infringe rights during Bill C-51's reign.
View Randall Garrison Profile
NDP (BC)
Madam Speaker, I rise tonight to speak against Bill C-59 at third reading. Unfortunately, it is yet another example of the Liberals breaking an election promise, only this time it is disguised as promise keeping.
In the climate of fear after the attacks on Parliament Hill and in St. Jean in 2014, the Conservative government brought forward BillC-51. I heard a speech a little earlier from the member for Bellechasse—Les Etchemins—Lévis, and he remembers things slightly different than I. The difference is that I was in the public safety committee and he, as the minister, was not there. He said that there was a great clamour for new laws to meet this challenge of terrorism. I certainly did not hear that in committee. What I heard repeatedly from law enforcement and security officials coming before us was that they had not been given enough resources to do the basic enforcement work they needed to do to keep Canadians safe from terrorism.
However, when the Conservatives finally managed to pass their Anti-terrorism Act, they somehow managed to infringe our civil liberties without making us any safer.
At that time, the New Democrats remained firm in our conviction that it would be a mistake to sacrifice our freedoms in the name of defending them. BillC-51 was supported by the Liberals, who hedged their bets with a promise to fix what they called “its problematic elements” later if they were elected. Once they were elected in 2015, that determination to fix Bill C-51 seemed to wane. That is why in September of 2016, I introduced BillC-303, a private member's bill to repeal Bill C-51 in its entirety.
Some in the House at that time questioned why I introduced a private member's bill since I knew it would not come forward for a vote. In fact, this was an attempt to get the debate started, as the Liberals had already kept the public waiting for a year at that point. The New Democrats were saying, “You promised a bill. Well, here's our bill. It's very simple. Repeal all of C-51.”
Now, after more than two years and extensive consultations, we have this version of Bill C-59 before us, which does not repeal BillC-51 and fails to fix most of the major problems of Bill C-51, it actually introduces new threats to our privacy and rights.
Let me start with the things that were described, even by the Liberals, as problematic, and remain unfixed in Bill C-59 as it stands before us.
First, there is the definition of “national security” in the Anti-terrorism Act that remains all too broad, despite some improvements in Bill C-59. Bill C-59 does narrow the definition of criminal terrorism speech, which BillC-51 defined as “knowingly advocates or promotes the commission of terrorism offences in general”. That is a problematic definition. Bill C-59 changes the Criminal Code wording to “counsels another person to commit a terrorism offence”. Certainly, that better captures the problem we are trying to get at in the Criminal Code. There is plenty of existing case law around what qualifies as counselling someone to commit an offence. Therefore, that is much better than it was.
Then the government went on to add a clause that purports to protect advocacy and protest from being captured in the Anti-terrorism Act. However, that statement is qualified with an addition that says it will be protected unless the dissent and advocacy are carried out in conjunction with activities that undermine the security of Canada. It completes the circle. It takes us right back to that general definition.
The only broad definition of national security specifically in BillC-51 included threats to critical infrastructure. Therefore, this still raises the spectre of the current government or any other government using national security powers against protesters against things like the pipeline formerly known as Kinder Morgan.
The second problem Bill C-59 fails to fix is that of the broad data collection information sharing authorized by BillC-51, and in fact maintained in Bill C-59. This continues to threaten Canadians' basic privacy rights. Information and privacy commissioners continue to point out that the basis of our privacy law is that information can only be used for the purposes for which it is collected. Bill C-51 and Bill C-59 drive a big wedge in that important protection of our privacy rights.
Bill C-51 allowed sharing information between agencies and with foreign governments about national security under this new broad definition which I just talked about. Therefore, it is not just about terrorism and violence, but a much broader range of things the government could collect and share information on. Most critics would say Bill C-59, while it has tweaked these provisions, has not actually fixed them, and changing the terminology from “information sharing” to “information disclosure” is more akin to a sleight of hand than an actual reform of its provisions.
The third problem that remains are those powers that BillC-51 granted to CSIS to act in secret to counter threats. This new proactive power granted to CSIS by Bill C-51 is especially troubling precisely because CSIS activities are secret and sometimes include the right to break the law. Once again, what we have done is returned to the very origins of CSIS. In other words, when the RCMP was both the investigatory and the enforcement agency, we ran into problems in the area of national security, so CSIS was created. Therefore, what we have done is return right back to that problematic situation of the 1970s, only this time it is CSIS that will be doing the investigating and then actively or proactively countering those threats. We have recreated a problem that CSIS was supposed to solve.
Bill C-59 also maintains the overly narrow list of prohibitions that are placed on those CSIS activities. CSIS can do pretty much anything short of committing bodily harm, murder, or the perversion of the course of democracy or justice. However, it is still problematic that neither justice nor democracy are actually defined in the act. Therefore, this would give CSIS powers that I would argue are fundamentally incompatible with a free and democratic society.
The Liberal change would require that those activities must be consistent with the Charter of Rights and Freedoms. That sounds good on its face, except that these activities are exempt from scrutiny because they are secret. Who decides whether they might potentially violate the charter of rights? It is not a judge, because this is not oversight. There is no oversight here. This is the government deciding whether it should go to the judge and request oversight. Therefore, if the government does not think it is a violation of the charter of rights, it goes ahead and authorizes the CSIS activities. Again, this is a fundamental problem in a democracy.
The fourth problem is that Bill C-59 still fails to include an absolute prohibition on the use of information derived from torture. The member for Sherwood Park—Fort Saskatchewan made some eloquent statements on this with which I agree. What we have is the government saying that now it has included a cabinet directive on torture in Bill C-59, which gives the cabinet directive to force of law. The cabinet directive already has the force of law, so it absolutely changes nothing about this.
However, even worse, there is no absolute prohibition in that cabinet directive on the use of torture-implicated information. Instead, the prohibition says that information from torture can be used in some circumstances, and then it sets a very low threshold for when we can actually use information derived from fundamental rights violations. Not only is this morally repugnant, most likely unconstitutional, but it also gives us information that is notoriously unreliable. People who are being tortured will say precisely what they think the torturer wants them to say to stop the torture.
Finally, Bill C-59 would not do one of the things it could have done, and that is create a review agency for the CBSA. The CBSA remains without an independent review and complaints mechanism. It is one of our only law enforcement or security agencies that has no direct review agency. Yes, the new national security intelligence review agency will have some responsibility over the CBSA, but only in terms of national security questions, not in terms of its basic day-to-day operations.
We have seen quite often that the activities carried out by border agencies have a major impact on fundamental rights of people. We can look at the United States right now and see what its border agency is doing in the separation of parents and children. Therefore, it is a concern that there is no place in Canada, if we have a complaint about what CBSA has done, to file that complaint except in a court of law, which requires information, resources, and all kinds of other things that are unlikely to be available to those people who need to make those complaints.
The Liberals will tell us that there are some areas where they have already acted outside of Bill C-59, and we have just heard the member for Winnipeg North talk about BillC-22, which established the national security review committee of parliamentarians.
The New Democrats feel that this is a worthwhile first step toward fixing some of the long-standing weaknesses in our national security arrangements, but it is still only a review agency, still only an agency making recommendations. It is not an oversight agency that makes decisions in real time about what can be done and make binding orders about what changes have to be made.
The government rejected New Democrat amendments on the bill, amendments which would have allowed the committee to be more independent from the government. It would have allowed it to be more transparent in its public reporting and would have given it better integration with existing review bodies.
The other area the Liberals claim they have already acted on is the no-fly list. It was interesting that the minister today in his speech, opening the third reading debate, claimed that the government was on its way to fixing the no-fly list, not that it had actually fixed the no-fly list. Canada still lacks an effective redress system for travellers unintentionally flagged on the no-fly list. I have quite often heard members on the government side say that no one is denied boarding as a result of this. I could give them the names of people who have been denied boarding. It has disrupted their business activities. It has disrupted things like family reunions. All too often we end up with kids on the no-fly list. Their names happen to be Muslim-sounding or Arabic-sounding or whatever presumptions people make and they names happen to be somewhat like someone else already on the list.
The group of no-fly list kids' parents have been demanding that we get some effective measures in place right away to stop the constant harassment they face for no reason at all. The fact that we still have not fixed this problem raises real questions about charter right guarantees of equality, which are supposed to be protected by law in our country.
Not only does Bill C-59 fail to correct the problems in BillC-51, it goes on to create two new threats to fundamental rights and freedoms of Canadians, once again, without any evidence that these measures will make it safer.
Bill C-59 proposes to immediately expand the Communications Security Establishment Canada's mandate beyond just information gathering, and it creates an opportunity for CSE to collect information on Canadians which would normally be prohibited.
Just like we are giving CSIS the ability to not just collect information but to respond to threats, now we are saying that the Communications Security Establishment Canada should not just collect information, but it should be able to conduct what the government calls defensive cyber operations and active cyber operations.
Bill C-59 provides an overly broad list of purposes and targets for these active cyber operations. It says that activities could be carried out to “degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.” Imagine anything that is not covered there. That is about as broad as the provision could be written.
CSE would also be allowed to do “anything that is reasonably necessary to maintain the covert nature of the activity.” Let us think about that when it comes to oversight and review of its activities. In my mind that is an invitation for it to obscure or withhold information from review agencies.
These new CSE powers are being expanded without adequate oversight. Once again, there is no independent oversight, only “after the fact” review. To proceed in this case, it does not require a warrant from a court, but only permission from the Minister of National Defence, if the activities are to be domestic based, or from the Minister of Foreign Affairs, if the activities are to be conducted abroad.
These new, active, proactive measures to combat a whole list and series of threats is one problem. The other is while Bill C-59 says that there is a still a prohibition on the Canadian Security Establishment collecting information on Canadians, we should allow for what it calls “incidental” acquisition of information relating to Canadians or persons in Canada. This means that in situations where the information was not deliberately sought, a person's private data could still be captured by CSE and retained and used. The problem remains that this incidental collecting, which is called research by the government and mass surveillance by its critics, remains very much a part of Bill C-59.
Both of these new powers are a bit disturbing, when the Liberal promise was to fix the problematic provisions in BillC-51, not add to them. The changes introduced for Bill C-51 in itself are minor. The member for Sherwood Park—Fort Saskatchewan talked about the changes not being particularly effective. I have to agree with him. I do not think they were designed to be effective. They are unlikely to head off the constitutional challenges to Bill C-51 already in place by organizations such as the Canadian Civil Liberties Association. Those constitutional challenges will proceed, and I believe that they will succeed.
What works best in terrorism cases? Again, when I was the New Democrats' public safety critic sitting on the public safety committee when BillC-51 had its hearings, we heard literally dozens and dozens of witnesses who almost all said the same thing: it is old-fashioned police work on the front line that solves or prevents terrorism. For that, we need resources, and we need to focus the resources on enforcement activities at the front end.
What did we see from the Conservatives when they were in power? There were actual cutbacks in the budgets of the RCMP, the CBSA, and CSIS. The whole time they were in power and they were worried about terrorism, they were denying the basic resources that were needed.
What have the Liberals done since they came back to power? They have actually added some resources to all of those agencies, but not for the terrorism investigation and enforcement activities. They have added them for all kinds of other things they are interested in but not the areas that would actually make a difference.
We have heard quite often in this House, and we have heard some of it again in this debate, that what we are talking about is the need to balance or trade off rights against security. New Democrats have argued very consistently, in the previous Parliament and in this Parliament, that there is no need to trade our rights for security. The need to balance is a false need. Why would we give up our rights and argue that in doing so, we are actually protecting them? This is not logical. In fact, it is the responsibility of our government to provide both protection of our fundamental rights and protection against threats.
The Liberals again will tell us that the promise is kept. What I am here to tell members is that I do not see it in this bill. I see a lot of attempts to confuse and hide what they are really doing, which is to hide the fundamental support they still have for what was the essence of BillC-51. That was to restrict the rights and freedoms of Canadians in the name of national security. The New Democrats reject that false game. Therefore, we will be voting against this bill at third reading.
View Elizabeth May Profile
GP (BC)
View Elizabeth May Profile
2018-06-18 20:47 [p.21201]
Madam Speaker, to the last point made by my hon. friend from Durham, that BillC-51 in the 41st Parliament, the Anti-terrorism Act, was there to make us safe, again, the expert evidence we heard, even before that bill passed, was that BillC-51 under the previous government made us less safe.
For that, I cite the evidence of Joe Fogarty, an MI5 agent doing security liaison between Canada and U.K. When asked by the U.K. authorities about what Canadian anti-terrorism legislation they might want to replicate in the U.K., he answered “not a thing”, that they have created a situation which is akin to an accident waiting to happen. It has made Canadians less safe, through the failure to ensure that one agency talks to the other. In the example that the member just gave, agencies have a proactive requirement to talk to each other and not guard their information jealously.
View Robert Aubin Profile
NDP (QC)
View Robert Aubin Profile
2018-06-07 11:27 [p.20422]
Mr. Speaker, I would like to thank my colleague for his speech.
I would like him to compare BillC-51, which has been abundantly criticized, with Bill C-59 before us today. Obviously, we are all in favour of protecting our fellow Canadians, but we are facing a relatively new threat, since many terrorist attacks are not planned, controlled and ordered by a terrorist organization, but are rather thought up and carried out by a radicalized individual.
What was set out in BillC-51 to help fight radicalization, and what is now set out in Bill C-59 to remedy the same problem, which is getting worse?
View François Choquette Profile
NDP (QC)
View François Choquette Profile
2018-06-07 13:17 [p.20437]
Mr. Speaker, it is important to rise to speak to this fundamental bill. As I mentioned earlier, at 138 pages, Bill C-59, an act respecting national security matters, is a real omnibus bill. Unfortunately, there are still problems with this bill. That is why we are going to have to oppose it. It does not meet all our expectations.
We opposed BillC-51. We were the only ones to support compliance with the Charter of Rights and Freedoms in order to safeguard Canadians' rights and freedoms in 2015. The Liberals and the Conservatives voted for that bill, which was condemned by all Canadians. That is the reason why the Liberals later stated in their campaign that the bill made no sense and that they would rescind it if they were elected. They have finally woken up three years later. Unfortunately, the bill does not deliver on those promises.
There are elements missing. For example, the Liberals promised to fully repeal BillC-51, and they are not doing that. Another extremely important thing that I want to spend some time talking about is the fact that they should have replaced the existing ministerial directive on torture in order to ensure that Canada stands for an absolute prohibition on torture. A lawful society, a society that respects the Canadian Charter of Rights and Freedoms and the UN Charter of Rights, should obviously not allow torture. However, once again, Canada is somewhat indirectly complicit in torture that is happening around the world. We have long been calling on the Minister of Public Safety and Emergency Preparedness to repeal and replace the 2010 directive on torture to ensure that Canada stands for an absolute prohibition on torture. More specifically, we want to ensure that, under no circumstances, will Canada use information from foreign countries that could have been obtained using torture or share information that is likely to result in torture. We have bad memories of the horrors endured by some Canadians such as Maher Arar, Abdullah Almaki, Amhad Abou El Maati, and Muayyed Nureddin. Canadians have suffered torture, so we are in some way complicit. It is very important that we resolve this problem, but unfortunately, the new directive, issued in October 2017, does not forbid the RCMP, CSIS, or the CBSA from using information that may have been obtained through torture in another country.
The new instructions feature not a single semantic change, since they authorize the use of information obtained by torture in certain cases. That is completely unacceptable. Canada should take a leading role in preventing torture and should never agree to use or share information that is likely to result in torture in other countries around the world. We should be a leader on this issue.
There is another extremely important file that I want to talk about that this bill does not address and that is the infamous no-fly list. This list and the unacceptable delays in funding redress mechanisms are regrettable. There is currently no effective redress mechanism to help people who suffer the consequences from being added to this list. Some Canadian families are very concerned. They want to protect their rights because children are at risk of being detained by airport security after mistakenly being added to the list, a list that prevents them from being able to fly.
We are very worried about that. We are working with No Fly List Kids. We hope that the Liberal government will wake up. It should have fixed this situation in this bill, especially considering that this is an omnibus bill.
Speaking of security, I want to mention two security-related events that occurred in Drummond that had a significant impact. The first was on May 29 and was reported by journalist Ghyslain Bergeron, who is very well known in Drummondville. A dozen or so firefighters from Saint-Félix-de-Kingsey were called to rescue a couple stranded on the Saint-François river. Led by the town's fire chief, Pierre Blanchette, they headed to the area and courageously rescued the couple. It is extremely important to acknowledge acts of bravery when we talk about the safety our our constituents.
I also want to talk about Rosalie Sauvageau, a 19-year-old woman who received a certificate of honour from the City of Drummondville after an unfortunate event at a party in Saint-Thérèse park. A bouncy castle was blown away by the wind, and she immediately rushed the children out of the bouncy castle, bringing them to safety. Not long after, a gust of wind blew one of the bouncy castles into Rivière Saint-François. Fortunately, Rosalie Sauvageau had the presence of mind, the quickness, and the courage to keep these children safe. I mentioned these events because the safety and bravery of our fellow citizens is important.
To come back to the bill, I must admit that there are some good things in it, but there are also some parts that worry us, in particular the new definition of an activity that undermines the security of Canada. This definition was amended to include any activity that threatens the lives or the security of individuals, or an individual who has a connection to Canada and who is outside Canada. This definition is pernicious and dangerous, because it will now include activities that involve significant or widespread interference with critical infrastructure.
The Liberal government just recently purchased the Kinder Morgan pipeline, a 65-year-old pipeline that the company originally bought for $500,000. The government bought it for the staggering price of $4.5 billion, with money from the taxes paid by Canadians and the people of greater Drummond, and claimed that it was essential to Canada.
Does that mean that the Liberal government could tell the thousands of people protesting against this pipeline that they are substantially obstructing essential infrastructure?
We are rather concerned about that. This clause of the bill creates potential problems for people who peacefully protest projects such as the Kinder Morgan pipeline. That is why we are voting against this bill. The Liberals have to go back to the drawing board. We must improve this bill and ensure that the Charter of Rights and Freedoms is upheld.
View Don Davies Profile
NDP (BC)
View Don Davies Profile
2018-06-07 13:46 [p.20440]
Mr. Speaker, it is passing strange to hear the hon. member for Winnipeg Centre go to a dictionary definition of “repudiate” in the context of BillC-51. Last I checked, to repudiate something means to reject it, not to vote for it. The Liberals voted for Stephen Harper's BillC-51. While the Conservatives may have cheered, Canadians did not.
Could the member tell us what has changed since the Liberals voted for Mr. Harper's BillC-51, the bill that did not get the balance correct between civil liberties and the need for security? Could the member tell us what is significantly different about this bill and maybe why her colleagues voted for BillC-51 in the last Parliament?
View Robert Aubin Profile
NDP (QC)
View Robert Aubin Profile
2018-06-07 18:55 [p.20486]
Mr. Speaker, I wish I could say that I am pleased to rise to speak to Bill C-59 this evening. However, I have to admit that what I am really feeling is more a sense of disappointment.
That is because, first of all, there is very little difference between the previous Conservative government's BillC-51 and the Liberal government's Bill C-59. They certainly have a lot in common. Not only do they look disturbingly alike, but they were also handled much the same way.
Those who were here in the previous Parliament will remember that BillC-51 was kind of rushed through, the better to capitalize on Canadians' strong emotional response to an increasing number of terrorist attacks, which continue to this day. There was hardly what could be considered a full debate.
As I recall, when discussions were in their infancy, the NDP was the only party resolutely opposed to BillC-51. The government was trying to sell the idea that we had to compromise between keeping Canadians safe, which is every government's top priority, and protecting the charter rights and freedoms we are all entitled to.
From the outset, the NDP said we should not be seeking a compromise. Rather, we should bring about an evolution with respect to these two fundamental aspects of Canadian rights that belong to every individual.
I feel like the government is taking a similar approach with Bill C-59 now. When we are debating a bill as important as this one, there should be no reason for a time allocation motion that limits MPs' right to speak.
The 338 members of the House represent 35 million Canadians. Each one of those MPs has something to say about this. They are all concerned about the prospect of terrorist attacks here and elsewhere, in people's workplaces, or while they are on vacation. This issue is on the minds of all Canadians, and the best and only way for them to be heard by the government is here in the House. Even so, the government is limiting the time for debate.
Members will also recall that when the NDP took a firm stand against Bill C-51, the Liberals, who were in opposition at the time, pulled a rabbit out of their hat by essentially saying that they would vote in favour of BillC-51 in order to replace it when they formed the government. If they want to replace a bill, they should vote against it. I may have been inexperienced at that time. The Conservatives' position was clear, the NDP's position was clear, and the Liberals' position was clear.
Over time, and in light of what the Liberal government has done in the past, I can clearly see that they tend to do things a certain way. For example, during the election campaign, this same government sincerely promised to reform our electoral system. As the months passed, this changed to a minor revision of certain election rules, but the overhaul of the electoral system was forgotten.
These same Liberals promised to cut taxes for the middle class. I admit that we may not have been in agreement on what the middle class is, because where I come from, the median salary is about $32,000 a year. To access the tax cuts, the threshold is at least $45,000 a year. Those who really benefit are people like me, who have a salary that is more than decent. How have middle-class taxes been cut? I am still struggling to understand that. These same Liberals promised to axe the EI reform that the Conservatives put in place to give people some time to recover when tragedy strikes.
At the moment, the figures are the same as during the Conservative era. Roughly six out of 10 Canadians who pay into EI do not qualify for benefits when times get tough. I could keep listing examples in almost every field. It is clear that this is a Liberal way to approach the big issues.
We could talk about greenhouse gas reduction, for example. “Canada is back” was the message trumpeted at the Paris conference. I thought that meant Canada was back on the world stage, but I later realized it meant Canada is at the back of the pack and staying there. That is the Liberal approach.
To sum up the issue at hand, Bill C-59 still has many flaws. I will give you some examples. The Liberals are using this bill to establish a legal framework that would allow the Canadian Security Intelligence Service, or CSIS, to store sensitive metadata on completely innocent Canadians. This is a practice that has already been rejected by the Federal Court. To back up my statements, and to show that this is not just my personal opinion, but based on testimony from people far better informed than me, allow me to quote Daniel Therrien. For those who have not heard of him, he is the Privacy Commissioner of Canada. He testified before the Standing Committee on Access to Information, Privacy and Ethics on November 22, 2016, and said:
Think of the recent judgment by the Federal Court that found that CSIS had unlawfully retained the metadata of a large number of law-abiding individuals who are not threats to national security because CSIS felt it needed to keep that information for analytical purposes.
These are not theoretical risks. These are real things, real concerns. 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?
We can already see that things have gotten out of hand, and there is a question that has people increasingly worried, as it pertains not only to the issue being debated this evening, but also to all this personal data that is being asked of us and that we often send against our will on the Internet. The question is: how will we protect this personal information? Because if it is truly personal, that means that it belongs to someone, and that someone is the only person that can consent to its use.
That is not the only problem. I see that I am running out of time, so instead of naming the problems, I will summarize the proposals presented by the NDP. The first was to completely repeal Bill C-51 and replace the current ministerial directive on the matter of torture to ensure that Canada stands for an absolute prohibition on torture. Absolute means that we will not allow through the back door what we would not allow to enter through the front door.
Based on what I have heard in the House today, all the parties agree and everyone is against torture. However, some parties seem to be saying that they might use the information obtained through torture by other countries if that information seemed pertinent. History has made it abundantly clear that not only is torture inhumane, but in most cases, the information turns out to be false, precisely because it was obtained by torture. I imagine that I would be willing to say just about anything if I were being tortured.
In closing, between Bill C-59 and BillC-51, we still have a long way to go. Under time allocation, I simply cannot vote in favour of this bill.
View Elizabeth May Profile
GP (BC)
View Elizabeth May Profile
2018-06-07 19:42 [p.20491]
Mr. Speaker, I find myself surprised to have a speaking spot tonight. For that I want to thank the New Democratic Party. We do not agree about this bill, but it was a generous gesture to allow me to speak to it.
I have been very engaged in the issue of anti-terrorism legislation for many years. I followed it when, under Prime Minister Chrétien, the anti-terrorism legislation went through this place immediately after 9/11. Although I was executive director of the Sierra Club, I recall well my conversations with former MP Bill Blaikie, who sat on the committee, and we worried as legislation went forward that appeared to do too much to limit our rights as Canadians in its response to the terrorist threat.
That was nothing compared to what happened when we had a shooting, a tragic event in October 2014, when Corporal Nathan Cirillo was murdered at the National War Memorial. I do not regard that event, by the way, as an act of terrorism, but rather of one individual with significant addiction and mental health issues, something that could have been dealt with if he had been allowed to have the help he sought in British Columbia before he came to Ottawa and committed the horrors of October 22, 2014.
It was the excuse and the opening that the former government needed to bring in truly dangerous legislation. I will never forget being here in my seat in Parliament on January 30. It was a Friday morning. One does not really expect ground-shaking legislation to hit without warning on a Friday morning in this place. There was no press release, no briefing, no telling us what was in store for us. I picked up BillC-51, an omnibus bill in five parts, and read it on the airplane flying home, studied it all weekend, and came back here. By Monday morning, February 2, I had a speaking spot during question period and called it the “secret police act”.
I did not wait, holding my finger to the wind, to see which way the political winds were blowing. The NDP did that for two weeks before they decided to oppose it. The Liberals decided they could not win an election if they opposed it, so they would vote for it but promised to fix it later.
I am afraid some of that is still whirling around in this place. I will say I am supporting this effort. I am voting for it. I still see many failures in it. I know the Minister of Justice and the Minister of Public Safety have listened. That is clear; the work they did in the consultation process was real.
Let me go back and review why BillC-51 was so very dangerous.
I said it was a bill in five parts. I hear the Conservatives complaining tonight that the government side is pushing Bill C-59 through too fast. Well, on January 30, 2015, BillC-51, an omnibus bill in five parts, was tabled for first reading. It went all the way through the House by May 6 and all the way through the Senate by June 9, less than six months.
This bill, Bill C-59, was tabled just about a year ago. Before it was tabled, we had consultations. I had time to hold town hall meetings in my riding specifically on public security, espionage, our spy agencies, and what we should do to protect and balance anti-terrorism measures with civil liberties. We worked hard on this issue before the bill ever came for first reading, and we have worked hard on it since.
I will come back to BillC-51, which was forced through so quickly. It was a bill in five parts. What I came to learn through working on that bill was that it made Canadians less safe. That was the advice from many experts in anti-terrorism efforts, from the leading experts in the trenches and from academia, from people like Professor Kent Roach and Professor Craig Forcese, who worked so hard on the Air India inquiry; the chair of the Air India inquiry, former judge John Major; and people in the trenches I mentioned earlier in debate tonight, such as Joseph Fogarty, an MI5 agent from the U.K. who served as anti-terrorism liaison with Canada.
What I learned from all of these people was BillC-51 was dangerous because it would put in concrete silos that would discourage communication between spy agencies. That bill had five parts.
Part 1 was information sharing. It was not about information sharing between spy agencies; it was about information sharing about Canadians to foreign governments. In other words, it was dangerous to the rights of Canadians overseas, and it ignored the advice of the Maher Arar inquiry.
Part 2 was about the no-fly list. Fortunately, this bill fixes that. The previous government never even bothered to consult with the airlines, by the way. That was interesting testimony we got back in the 41st Parliament.
Part 3 I called the “thought chill” section. We heard tonight that the government is not paying attention to the need remove terrorist recruitment from websites. That is nonsense. However, part 3 of BillC-51 created a whole new term with no definition, this idea of terrorism in general, and the idea of promoting terrorism in general. As it was defined, we could imagine someone would be guilty of violating that law if they had a Facebook page that put up an image of a clenched fist. That could be seen as promotion of terrorism in general. Thank goodness we got that improved.
In terms of thought chill, it was so broadly worded that it could have caused, for instance, someone in a community who could see someone was being radicalized a reasonable fear that they could be arrested if they went to talk to that person to talk them out of it. It was very badly drafted.
Part 4 is the part that has not been adequately fixed in this bill. This is the part that, for the first time ever, gave CSIS what are called kinetic powers.
CSIS was created because the RCMP, in response to the FLQ crisis, was cooking up plots that involved, famously, burning down a barn. As a result, we said intelligence gathering would have to be separate from the guys who go out and break up plots, because we cannot have the RCMP burning down barns, so the Canadian Security Intelligence Service was created. It was to be exclusively about collecting information, and then the RCMP could act on that information.
I think it is a huge mistake that in Bill C-59we have left CSIS kinetic powers to disrupt plots. However, we have changed the law quite a bit to deal with CSIS's ability to go to a single judge to get permission to violate our laws and break the charter. I wish the repair in Bill C-59 was stronger, but it is certainly a big improvement on BillC-51.
Part 5 of Bill C-51 is not repaired in Bill C-59. I think that is because it was so strangely worded that most people did not ever figure out what it was about. I know professors Roach and Forcese left part 5 alone because it was about changes to the immigration and refugee act. It really was hard to see what it was about. However, Professor Donald Galloway at the University of Victoria law school said part 5 is about being able to give a judge information in secret hearings about a suspect and not tell the judge that the evidence was obtained by torture, so I really hope the Minister of Public Safety will go back and look at those changes to the refugee and immigration act, and if that is what they are about, it needs fixing.
Let us look at why the bill is enough of an improvement that I am going to vote for it. By the way, in committee I did bring forward 46 amendments to the bill on my own. They went in the direction of ensuring that we would have special advocates in the room so that there would be someone there on behalf of the public interest when a judge was giving a warrant to allow a CSIS agent to break the law or violate the charter. The language around what judges can do and how often they can do it and what respect to the charter they must exercise when they grant such a warrant is much better in this bill, but it is still there, and it does worry me that there will be no special advocate in the room.
I cannot say I am wildly enthusiastic about Bill C-59, but it is a huge improvement over what we saw in the 41st Parliament in BillC-51.
The creation of the security intelligence review agency is something I want to talk about in my remaining minutes.
This point is fundamental. This was what Mr. Justice John Major, who chaired the Air India inquiry, told the committee when it was studying the bill back in 2015: He told us it is just human nature that the RCMP and CSIS will not share information and that we need to have pinnacle oversight.
There is review that happens, and the term “review” is post facto, so SIRC, the Security Intelligence Review Committee, would look at what CSIS had done over the course of the year, but up until this bill we have never had a single security agency that watched what all the guys and girls were doing. We have CSIS, the RCMP, the Canada Border Services Agency, the Communications Security Establishment—five different agencies all looking at collecting intelligence, but not sharing. That is why having the security intelligence review agency created by this bill is a big improvement.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2018-05-28 17:13 [p.19762]
moved:
Mlotion No. 1
That Bill C-59 be amended by deleting the short title.
Motion No. 2
That Bill C-59, in Clause 49.1, be amended:
(a) by replacing lines 13 to 15 on page 43 with the following:
“3 (1) The Governor in Council must issue written directions to all deputy heads prohibiting”
(b) by deleting line 25 on page 43 to line 2 on page 44.
He said: Mr. Speaker, it is unfortunate that the third motion, which pertained to one of my amendments, was not selected by the Chair, but I will still come back to the important points about it in a few moments. Just because it was not selected does not mean we cannot talk about it.
We are near the end of what has been a very long road with this government on an issue that dates back to even before the Liberals took office. Obviously, we must recognize that Bill  C-59 is the result of the Liberals' approach. On one hand, during the last Parliament they supported Stephen Harper's draconian bill, Bill C-51, and on the other, they claimed that there were a lot of problems with the bill. The Liberals told people not to worry, however, because when they took office they would fix all of those problems. That was problematic for obvious reasons. If the bill was so flawed, posed so many problems with regard to national security matters, and violated Canadians' rights and freedoms, the Liberals should not have voted to pass it, and yet that is exactly what was happening with Bill C-51.
Let us fast-forward a little. After the Liberals were elected, they waited two years to introduce the legislation. They said that they had to hold public consultations. I will come back to that.
Meanwhile, the Canadian Security Intelligence Service, or CSIS, used the power to disrupt threats bestowed upon it by Bill C-51. CSIS confirmed that in committee.
While we waited those two years for the government to consult, even though the election promise had been to consult on a specific piece of legislation, this was open consultation, or so it would seem. However the problem was, and many experts decried this, the fact that the government's green paper seemed to indicate, through some of the notions that were put forward, that some of these aspects were already a foregone conclusion. There was a definite bent more toward the side of intelligence gathering and law enforcement, and certainly a lack of substantive points being made in favour of the other side of that, which was protecting Canadians' rights and privacy.
Too often the Liberals, in the committee in particular, like to put the word “balance” forward. As we heard from representatives of the Canadian Civil Liberties Association, when they presented at committee, balance implies that something is being taken away from one side or the other to achieve said balance. For us, the question of rights and liberties, and certainly the protection of Canadians' privacy, is not something that can almost be a victim of that type of compromise required to achieve said balance.
The other aspect that was not included in the public consultations, but that eventually became a central topic in our committee study, is the Communications Security Establishment, or CSE.
CSE, as members will know, is under the purview of the Minister of National Defence and its mandate is given to it by the National Defence Act. However, despite promises to no longer come forward with omnibus legislation, the Liberals have taken something that is the purview of the Minister of National Defence, something that the national defence committee has the institutional memory to study, all due respect to me and my colleagues on the public safety committee, and put it into this legislation.
That ended up taking up inordinate amounts, and rightly so, of time at the committee. These new powers being given to CSE and the huge change being made to CSE's mandate took up a lot of space and led to the most questions, not just from members but also from some of the experts who were there. Quite frankly, as far as we are concerned, many of those questions still remain without answers.
For example, there is the issue of CSE's cyber defence capabilities, as well as its offensive and active capabilities. The experts asked many questions on that subject. I introduced an amendment in committee to eliminate these powers, but it was not intended to compromise the safety of Canadians or our cybersecurity. We still kept CSE's defensive powers and capabilities in place. However, we had the right to ask questions, as I did with the senior CSE officials, though I did not get satisfactory answers, especially about what all this means for our country's military future.
CSE is governed by the National Defence Act, but it is a civilian agency, not a military one. However, Bill  C-59, and now the federal budget and the legislation that the Minister of Public Safety and Emergency Preparedness says will be tabled this fall, is opening the door to capability sharing between CSE and Canadian Forces to improve our cyber capabilities in a military context or even in war zones.
I posed questions to the chief of the CSE and other officials who were present throughout different stages of the study. I said that there was some debate in the context of international law as to what sovereignty meant in this digital age. An act of war is when one infringes on someone's sovereignty, but is a server part of one's sovereignty? What is the role that data is playing in this? Certainly, colleagues who work on the trade file had similar concerns that they raised.
I asked these questions in the context of information-sharing capabilities with Canadian Forces. All I was able to get as an answer was that this stuff was already being done and it was better that it be codified in the law with all the protections, oversight, and review. Pardon me for being glib, but that all comes with that. However, it is not enough. If a foreign state actor, as the bill describes, engages in some kind of activity, we are talking about the Minister of National Defence having the capability to interfere with intellectual property and to be engaged in an active way.
In this era, when the federal budget is talking about more and more capability sharing between police and intelligence services, which let us not forget is what CSE is, ultimately, as it is not any kind of offensive entity but rather deals with foreign intelligence, and then to involve the Canadian Armed Forces, we are going down a slippery slope. This is not an issue I raise. It was one that witnesses raised time and again throughout this study.
Part of the reason why I tabled amendments, which were unfortunately voted down by the Liberals at committee, was to remove these elements, not because we disagreed, although they certainly are concerning, but because they required proper study. They should not have been part of omnibus legislation. They had nothing to do with the previous BillC-51. Nor were they part of the public consultations that both the minister did and the committee did.
That is important. I know the answer I will get is that all the issues relate to national security. That is not enough. We need to be able to examine these issues more thoroughly, and that is certainly not the feeling we got.
Lets continue to look at part three of the bill that has to do with CSE. One of my amendments was unfortunately deemed inadmissible by the Chair, because it was too similar to another amendment I had proposed and that my colleague, the leader of the Green Party, had also proposed. The motion was almost word for word what the experts had suggested. It had to do with publicly available information. We will come back to this concept.
The concept, as it currently exists, is important because it gives CSIS and CSE the power to collect publicly available information. With respect to CSE, we were told over and over again that its mandate does not concern Canadians, since the legislation explicitly prohibits it from targeting Canadians. We must be careful, though, and we have to read part three of the bill, subclause 23 and 24, and the next few subclauses.
Subclause 23 indicates that, despite the ban on targeting Canadians, the centre can collect publicly available information for study and research purposes. In short, it lists a number of things to advance its mandate. Even collecting information inadvertently is allowed. This is very problematic.
We tried to do a few things to fix that. The first was to change the definition of “publicly available information”. That is because when I asked representatives of the CSE if the information that Cambridge Analytica legally but immorally stole from Canadians and others throughout the world through Facebook would be part of publicly available information under the definition provided in this legislation, I got a one-word answer, which is rare in these parts. It was “yes”.
What does my amendment propose to do? The Liberals said not to worry, that they would deal with it. They put in the words “a reasonable expectation of privacy”. That is good. That was part of my amendment as well, as was it part of the amendment brought by the member for Saanich—Gulf Islands. However, there is a whole slew of information missing from that. Allow me to read it to the House, since unfortunately it was deemed inadmissible and voted down by Liberals at committee.
It states that it would also include, along with information where Canadians have a reasonable expectation of privacy, “information that is published or broadcast only to a selected audience or information that is subscribed to or purchased illegally”, in other words, the prohibition on information purchased illegally. That is the problem with these amendments sometimes when one is reading them without the rest of the text that follows. Why is that important? It is important because despite the assurances that we got, there are a lot of questions about this. These are questions and concerns that some of the foremost experts in the field all have as well.
I also proposed an amendment for a catch-and-release principle, for information acquired incidentally on Canadians by the CSE. If it truly does not need the information captured incidentally, I understand it. That happens sometimes when one is going to study the information infrastructure in Canada. Therefore, we had a reasonable compromise, which was that if it happens, the centre has a responsibility to get rid of it. That was another amendment that was voted down by the Liberals on the committee.
I could speak at length about the CSE aspects, but I have only 20 minutes for my speech. It just goes to show how complex and worrisome the new concepts are and how we are far from having enough time to address them today. I would even say that we had very little time in committee as well. I have been in Parliament for seven years, and for the first time since becoming an MP, even though I can be quite verbose, my mike was constantly cut off and not through any fault of the chair, but because we simply did not have enough time to get into the details. I am not blaming the committee chair, who does excellent work on this study. Unfortunately, we did not have enough time for this conversation.
I want to come back to something more specific that affects more than just CSIS. I am talking about one of my amendments that were deemed admissible. Amendments that go beyond the scope of a bill can be proposed when that bill is referred to committee before second reading, as this one was, and the Liberals took advantage of that.
The Liberals used that opportunity to essentially present a new bill into the legislation dealing with the question of information obtained under use of torture, which bafflingly the Conservatives voted against. However, we do not have time to get into that today.
I voted in favour of it, for two reasons, but it does not go far enough, and we are going to get to that. The first reason is because the fact that it was even on the table was an acknowledgement that the status quo is not good enough, that the ministerial directives right now are not good enough, and that having these concepts more explicitly enshrined in law is always a good thing. Even though some of these symbolic statements in legislation sometimes seem to be only that, symbolic, they guide the decisions made and the advice given when these agencies seek legal opinions and so forth. On that front, it is a good thing. The other reason I supported it was because it is better than nothing. However, the language that remains is that the Governor in Council “may” issue directives to deputy heads. At the end of the day, we remain in the same situation we were in before. These were all recorded votes, so Canadians can check them.
Let me say for the record that I offered more explicit amendments to nearly every section of the bill that dealt with one of these agencies, putting in an explicit prohibition on using information that may have been obtained under the use of torture. Every single Liberal and Conservative on the committee voted against them. That is absolutely shameful.
Here is the motion that is before us today: that “The Governor in Council must issue written directions to all deputy heads...” At the very least, even though we are still dealing with ministerial directives, that obliges the government of the day to issue the directions, even though we already know that the directives themselves have loopholes. Even if the current directives, I will acknowledge, are stronger than the ones in the previous government, there are still holes in them, and those holes need to be addressed.
It is sad to see that my amendments, which would have at least done something to prohibit the use of that type of information, were defeated through the committee process.
Speaking of my amendments, I want to mention one thing I forgot at the beginning of my speech, since I think the Canadians watching us will find it interesting. The government said that it was open to suggestions from the opposition. I suggested 120 amendments, and just four of them were accepted by the Liberals. Three were accepted on the condition that I use the Liberals' wording, and the other was accepted because it was just a preamble. Not a single one of the Conservatives' 25 or 29 amendments was accepted. Not a single one of the Green Party's 55 amendments was accepted either.
The Liberals proposed amendments. Anyone can look at them, they are public. The Liberals put forward one amendment and decided to withdraw the others because they had an inferior one to replace them. I therefore proposed the Liberals' amendments myself, and they voted against their own amendments. That speaks volumes about the process.
I have just three minutes left, and I have only spoken about one part of the bill. I just spent 20 minutes giving a speech on the flaws of a single part of a bill that has 10 parts. That tells you everything you need to know about the flaws in this bill, not to mention the fact that CSIS retains its power to disrupt and to detain without any right to counsel, as was the case with the former Bill C-51.
Without mentioning that apart from changing the word “sharing” to “disclosure”, even though the word “disclosure” was there, what was qualified by groups like the B.C. Liberties Association, among others, as a cosmetic change at best to the information sharing regime remains in place. It was one of the biggest criticisms we had, and a reason for voting against BillC-51 in the previous Parliament.
We will get to that through a future point of order, but hopefully we can vote on different elements of the bill. There are two parts that are good, review and oversight. Despite the fact that we tried to make changes to the review body to make it more accountable to Parliament and less to the executive, it was rejected. With the real-time oversight of the intelligence commissioner, we tried to make that a full-time position. I was not able to propose those changes, as they would require royal prerogative, which I, as an opposition member, do not have. Perhaps I can enter a final plea, although at report stage it is probably too late for that.
It is all too clear that, on the one hand, the Liberals did not want the Conservatives to criticize them for standing up for the rights and freedoms of Canadians and, on the other hand, they wanted to try to protect their progressive image in light of our legitimate criticisms that they have failed in their duty to protect the rights and freedoms of Canadians. Despite all the time we were able to dedicate to the study, despite the public consultations, questions from experts, criticisms from members, and a grandiose announcement that the Liberals were going to do things differently in committee, still, all of our amendments were rejected. The same system will remain in place and not enough improvements are being made in terms of what the Conservatives proposed.
In conclusion, it is true that we are entering a brave new world. We certainly know that in this digital age. I acknowledge that the threats are evolving and we need to address them. There is no doubt about that. However, one thing is for sure: right now, the ability of these agencies to act is outpacing the protections that Canadians have for their rights and freedoms, and their privacy.
That, for me and my party, is completely unacceptable, because at the end of the day, if we truly want to defeat these threats and what they stand for, if we truly want to stand on the other side of that terror and on the right side of history, it means standing up for Canadians' rights and freedoms. This bill just would not do that, and we will continue to oppose it. It is absolutely unfortunate, because we heard that better is always possible, but it does not seem to be with this legislation.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2017-10-06 11:44 [p.14038]
Mr. Speaker, Canadians' overall distrust of our security agencies is a direct consequence of the fact that we have no mechanism to provide real-time oversight and accountability.
The government is currently in court with environmental groups it has accused of spying. Even the watchdog tasked with monitoring CSIS operations failed in its duty by dismissing their complaint and throwing a cloak of total secrecy over the whole case.
Bill C-59 does nothing to fix these problems, but pays lip service to them. When will the minister truly take steps to make real-time oversight, fix these problems, limit the excessive powers of CSIS, and truly protect the rights of Canadians to peaceful protests?
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2017-06-20 14:42 [p.12994]
Mr. Speaker, having voted in favour of the Harper government's Bill C-51, the minister is finally presenting the promised reforms, but they are unfortunately incomplete.
The security of Canada information sharing act can have its name changed, but that is only a cosmetic change that does not protect the information shared by national security agencies.
Why has the minister not addressed one of the most controversial aspects of the former Bill C-51?
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2017-06-20 14:43 [p.12995]
Mr. Speaker, the committee of parliamentarians does not have full access; the consultation took nearly two years, while CSIS continued to use these new abusive powers that it has. The promise was to fix a bill as a way to hide from the fact that they endorsed the Conservatives' draconian agenda. The Federal Court ruled a few months ago that it was illegal for CSIS to retain bulk metadata. What we see in Bill C-59 is simply formalizing and legalizing what the court deemed illegal.
Could the minister explain where in the consultations he was told by experts and Canadians that it was the right thing to do?
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