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View Ralph Goodale Profile
Lib. (SK)
View Ralph Goodale Profile
2018-06-18 16:43 [p.21168]
moved:
That Bill C-59, An Act respecting national security matters, be read the third time and passed.
He said: Mr. Speaker, as I open this final third reading debate on Bill C-59, Canada's new framework governing our national security policies and practices, I want to thank everyone who has helped to get us to this point today.
Historically, there were many previous studies and reports that laid the intellectual groundwork for Bill C-59. Justices Frank Iacobucci, John Major, and Dennis O'Connor led prominent and very important inquiries. There were also significant contributions over the years from both current and previous members of Parliament and senators. The academic community was vigorously engaged. Professors Forcese, Roach, Carvin, and Wark have been among the most constant and prolific of watchdogs, commentators, critics, and advisers. A broad collection of organizations that advocate for civil, human, and privacy rights have also been active participants in the process, including the Privacy Commissioner. We have heard from those who now lead or have led in the past our key national security agencies, such as the Canadian Security Intelligence Service, the RCMP, the Communications Security Establishment, the Canada Border Services Agency, Global Affairs Canada, the Privy Council Office, and many others. While not consulted directly, through their judgments and reports we have also had the benefit of guidance from the Federal Court of Canada, other members of the judiciary, and independent review bodies like the Security Intelligence Review Committee, and the commissioner for the Communications Security Establishment.
National security issues and concerns gained particular prominence in the fall of 2014, with the attacks in Saint-Jean-sur-Richelieu and here in Ottawa, which spawned the previous government's BillC-51, and a very intense public debate.
During the election campaign that followed, we undertook to give Canadians the full opportunity to be consulted on national security, actually for the first time in Canadian history. We also promised to correct a specific enumerated list of errors in the old BillC-51. Both of those undertakings have been fulfilled through the new bill, Bill C-59, and through the process that got us to where we are today.
Through five public town hall meetings across the country, a digital town hall, two national Twitter chats, 17 engagement events organized locally by members of Parliament in different places across the country, 14 in-person consultations with a broad variety of specific subject matter experts, a large national round table with civil society groups, hearings by the House of Commons Standing Committee on Public Safety and National Security, and extensive online engagement, tens of thousands of Canadians had their say about national security like never before, and all of their contributions were compiled and made public for everyone else to see.
Based upon this largest and most extensive public consultation ever, Bill C-59 was introduced in Parliament in June of last year. It remained in the public domain throughout the summer for all Canadians to consider and digest.
Last fall, to ensure wide-ranging committee flexibility, we referred the legislation to the standing committee before second reading. Under the rules of the House, that provides the members on that committee with a broader scope of debate and possible amendment. The committee members did extensive work. They heard from three dozen witnesses, received 95 briefs, debated at length, and in the end made 40 different amendments.
The committee took what all the leading experts had said was a very good bill to start with, and made it better. I want to thank all members of the committee for their conscientious attention to the subject matter and their extensive hard work.
The legislation has three primary goals.
First, we sought to provide Canada with a modern, up-to-date framework for its essential national security activity, bearing in mind that the CSIS Act, for example, dates back to 1984, before hardly anyone had even heard of the information highway or of what would become the World Wide Web. Technology has moved on dramatically since 1984; so have world affairs and so has the nature of the threats that we are facing in terms of national security. Therefore, it was important to modify the law, to bring it up to date, and to put it into a modern context.
Second, we needed to correct the defects in the old BillC-51, again, which we specifically enumerated in our 2015 election platform. Indeed, as members go through this legislation, they will see that each one of those defects has in fact been addressed, with one exception and that is the establishment of the committee of parliamentarians, which is not included in Bill C-59. It was included, and enacted by Parliament already, in BillC-22.
Third, we have launched the whole new era of transparency and accountability for national security through review and oversight measures that are unprecedented, all intended to provide Canadians with the assurance that their police, security, and intelligence agencies are indeed doing the proper things to keep them safe while at the same time safeguarding their rights and their freedoms, not one at the expense of the other, but both of those important things together.
What is here in Bill C-59 today, after all of that extensive consultation, that elaborate work in Parliament and in the committees of Parliament, and the final process to get us to third reading stage? Let me take the legislation part by part. I noticed that in a ruling earlier today, the Chair indicated the manner in which the different parts would be voted upon and I would like to take this opportunity to show how all of them come together.
Part 1 would create the new national security and intelligence review agency. Some have dubbed this new agency a “super SIRC”. Indeed it is a great innovation in Canada's security architecture. Instead of having a limited number of siloed review bodies, where each focused exclusively on one agency alone to the exclusion of all others, the new national security and intelligence review agency would have a government-wide mandate. It would be able to follow the issues and the evidence, wherever that may lead, into any and every federal department or agency that has a national security or intelligence function. The mandate is very broad. We are moving from a vertical model where they have to stay within their silo to a horizontal model where the new agency would be able to examine every department of government, whatever its function may be, with respect to national security. This is a major, positive innovation and it is coupled, of course, with that other innovation that I mentioned a moment ago: the National Security and Intelligence Committee of Parliamentarians created under BillC-22. With the two of them together, the experts who would be working on the national security and intelligence review agency, and the parliamentarians who are already working on the National Security and Intelligence Committee of Parliamentarians, Canadians can have great confidence that the work of the security, intelligence, and police agencies is being properly scrutinized and in a manner that befits the complexity of the 21st century.
This scrutiny would be for two key purposes: to safeguard rights and freedoms, yes absolutely, but also to ensure our agencies are functioning successfully in keeping Canadians safe and their country secure. As I said before, it is not one at the expense of the other, it is both of those things together, effectiveness coupled with the safeguarding of rights.
Then there is a new part in the legislation. After part 1, the committee inserted part 1.1 in Bill C-59, by adding the concept of a new piece of legislation. In effect, this addition by the committee would elevate to the level of legislation the practice of ministers issuing directives to their agencies, instructing them to function in such a manner as to avoid Canadian complicity in torture or mistreatment by other countries. In future, these instructions would be mandatory, not optional, would exist in the form of full cabinet orders in council, and would be made public. That is an important element of transparency and accountability that the committee built into the new legislation, and it is an important and desirable change. The ministerial directives have existed in the past. In fact, we have made them more vigorous and public than ever before, but part 1.1 would elevate this to a higher level. It would make it part of legislation itself, and that is the right way to go.
Part 2 of the new law would create the new role and function of the intelligence commissioner. For the first time ever, this would be an element of real time oversight, not just a review function after the fact. The national security and intelligence review agency would review events after they have happened. The intelligence commissioner would actually have a function to perform before activities are undertaken. For certain specified activities listed in the legislation, both the Canadian security intelligence agency and the Communications Security Establishment would be required to get the approval of the intelligence commissioner in advance. This would be brand new innovation in the law and an important element of accountability.
Part 3 of Bill C-59 would create stand-alone legislative authority for the Communications Security Establishment. The CSE has existed for a very long time, and its legislation has been attached to other legislation this Parliament has previously passed. For the first time now, the CSE would have its own stand-alone legal authorization in new legislation. As Canada's foreign signals intelligence agency, CSE is also our centre for cybersecurity expertise. The new legislation lays out the procedures and the protection around both defensive and active cyber-operations to safeguard Canadians. That is another reason it is important the CSE should have its own legal authorization and legislative form in a stand-alone act.
Part 4 would revamp the CSIS Act. As I mentioned earlier, CSIS was enacted in 1984, and that is a long time ago. In fact, this is the largest overall renovation of the CSIS legislation since 1984. For example, it would ensure that any threat reduction activities would be consistent with the Canadian Charter of Rights and Freedoms. It would create a modern regime for dealing with datasets, the collection of those datasets, the proper use of those datasets, and how they are disposed of after the fact. It would clarify the legal authorities of CSIS employees under the Criminal Code and other federal legislation. It would bring clarity, precision, and a modern mandate to CSIS for the first time since the legislation was enacted in 1984.
Part 5 of the bill would change the Security of Canada Information Sharing Act to the security of Canada information disclosure act. The reason for the wording change is to make it clear that this law would not create any new collection powers. It deals only with the sharing of existing information among government agencies and it lays out the procedure and the rules by which that sharing is to be done.
The new act will clarify thresholds and definitions. It will raise the standards. It will sharpen the procedures around information sharing within the government. It will bolster record keeping, both on the part of those who give the information and those who receive the information. It will clearly exempt, and this is important, advocacy and dissent and protest from the definition of activities that undermine national security. Canadians have wanted to be sure that their democratic right to protest is protected and this legislation would do so.
Part 6 would amend the Secure Air Travel Act. This act is the legislation by which Canada establishes a no-fly list. We all know the controversy in the last couple of years about false positives coming up on the no-fly list and some people, particularly young children, being prevented from taking flights because their name was being confused with the name of someone else. No child is on the Canadian no-fly list. Unfortunately, there are other people with very similar names who do present security issues, whose names are on the list, and there is confusion between the two names. We have undertaken to try to fix that problem. This legislation would establish the legal authority for the Government of Canada to collect the information that would allow us to fix the problem.
The other element that is required is a substantial amount of funding. It is an expensive process to establish a whole new database. That funding, I am happy to say, was provided by the Minister of Finance in the last budget. We are on our way toward fixing the no-fly list.
Part 7 would amend the Criminal Code in a variety of ways, including withdrawing certain provisions which have never been used in the pursuit of national security in Canada, while at the same time creating a new offence in language that would more likely be utilized and therefore more useful to police authorities in pursuing criminals and laying charges.
Part 8 would amend the Youth Justice Act for the simple purpose of trying to ensure that offences with respect to terrorism where young people are involved would be handled under the terms of the Youth Justice Act.
Part 9 of the bill would establish a statutory review. That is another of the commitments we made during the election campaign, that while we were going to have this elaborate consultation, we were going to bring forward new legislation, we were going to do our very best to fix the defects in BillC-51, and move Canada forward with a new architecture in national security appropriate to the 21st century.
We would also build into the law the opportunity for parliamentarians to take another look at this a few years down the road, assess how it has worked, where the issues or the problems might be, and address any of those issues in a timely way. In other words, it keeps the whole issue green and alive so future members of Parliament will have the chance to reconsider or to move in a different direction if they think that is appropriate. The statutory review is built into Part 9.
That is a summary of the legislation. It has taken a great deal of work and effort on the part of a lot of people to get us to this point today.
I want to finish my remarks with where I began a few moments ago, and that is to thank everyone who has participated so generously with their hard work and their advice to try to get this framework right for the circumstances that Canada has to confront in the 21st century, ensuring we are doing those two things and doing them well, keeping Canadians safe and safeguarding their rights and freedoms.
View Kevin Lamoureux Profile
Lib. (MB)
View Kevin Lamoureux Profile
2018-06-18 17:56 [p.21178]
Mr. Speaker, when the member was in the official opposition a number of years ago, and we were the third party at the time, there was a fairly significant debate that took place with respect to BillC-51. Our Prime Minister made it very clear to Canadians, unlike the New Democrats, that we saw merit in Bill C-51. However, the commitment was that if we were elected, we would fix BillC-51. There has been a great deal of consultation in every region of our country. There are two pieces of legislation, this one being the second part of it, that deals with and brings an end to BillC-51. It fulfills an election platform commitment by this Prime Minister.
My question to my friend and colleague across the way is this. Does he recognize, and I am sure he does, that the NDP amendments went absolutely nowhere when Stephen Harper was Prime Minister? He might not like it, but it is quite possible that there were some problems with the amendments that the NDP were proposing. The point is this. Does he not agree that this is a commitment that the Liberal Party made in the last election, and that this legislation, in good part, is fulfilling that commitment?
View Arif Virani Profile
Lib. (ON)
View Arif Virani Profile
2018-06-18 18:07 [p.21179]
Mr. Speaker, I will be splitting my time with the member for Oakville North—Burlington this evening.
I rise today to speak in support of Bill C-59. With this bill, our government is entrenching our commitment to balancing the primacy of the Charter of Rights and Freedoms with protecting our national security. We are enhancing accountability and transparency. We are correcting the most problematic elements of the Harper government's old BillC-51.
Our government conducted an unprecedented level of public consultation with Canadians about our national security in order to effectively develop the bill. Canadians told us loudly and clearly that they wanted a transparent, accountable, and effective national security framework. That is exactly what we will accomplish with Bill C-59.
The minister took the rare step of referring Bill C-59 to the Standing Committee on Public Safety after first reading, underscoring our government's commitment to Canadians to ensure that we got this important legislation right. Prior to the bill returning to this chamber, it underwent an extensive four-month study, hearing from nearly 100 witnesses. I would like to thank the members of the Standing Committee on Public Safety and National Security for their hard work in studying the bill extensively and for their comprehensive report.
Fundamental to our promise to bring our national security framework into the 21st century, we are fixing the very flawed elements of the old BillC-51, which I heard so much about from my constituents in Parkdale—High Park during the 2015 electoral campaign.
I am proud to support this evidence-based, balanced legislation, and I am reassured to see positive reactions from legal and national security experts right around the country, including none other than Professors Craig Forcese and Kent Roach, two of the foremost legal academics in Canada who have been at the centre of concerns about the overreach of the Harper government's old BillC-51.
Professors Forcese and Roach have said, “ Bill C-59 is the biggest overhaul in Canadian national security since the creation of the Canadian Security and Intelligence Service (CSIS) in 1984—and it gets a lot of things right."
Bill C-59 builds on our commitment to enhance accountability, which started with our government's introduction of BillC-22 in 2016. Bill C-22, which has received royal assent established an all-party committee of parliamentarians, representatives elected by the Canadian public, to review and critically analyze security and intelligence activities. For the first time in history, a multi-party group of members of this chamber as well as the Senate are now holding Canada's security apparatus to account.
We are building on BillC-22 with the current bill, Bill C-59, which would establish a national security and intelligence review agency. The NSIRA, as it would be known, would function as a new expert review body with jurisdiction across the entire government to complement the efforts of the recently established parliamentary oversight committee, which I just mentioned. This feature would incorporate one of the important recommendations of the Maher Arar inquiry, which called on the government to, and I am citing recommendation 16 from the Maher Arar inquiry, “develop a protocol to provide for coordination and coherence across government in addressing issues that arise” respecting national security.
With the establishment of a parliamentary oversight committee in BillC-22, and a new arm's-length review body in Bill C-59, we would be addressing the glaring gap that exists in our review bodies for national security agencies. Currently, some agencies do not have a review body or are in charge of reviewing themselves. We cannot allow the lack of such fundamental oversight to continue, especially with regard to the safety and security of Canadians.
As Professors Forcese and Roach have observed, with respect to Bill C-59:
the government is finally redressing the imbalance between security service powers and those of the review bodies that are supposed to hold them to account. Bill C-59 quite properly supplements the parliamentary review committee...with a reformed expert watchdog entity. Expert review will be liberated from its silos as the new review agency has a whole-of-government mandate.
This is a critical piece in our government's work, providing my constituents in Parkdale—High Park and indeed Canadians right around this country, with a comprehensive and responsible national security framework.
In addition to establishing the NSIRA, Bill C-59 calls for increased and improved communication between this organization and other relevant review bodies, such as the Office of the Privacy Commissioner of Canada. This will not only boost efficiency and avoid duplication and unnecessary use of resources, but also promote a more holistic approach to protecting privacy and security at the federal level.
While speaking with the residents of Parkdale—High Park in 2015, I heard about the Harper government's old BillC-51 over and over again at the doors. The major concern the residents expressed to me was about the threat posed by the previous government's Bill C-51 to their constitutional rights and freedoms. The residents of my community are an intelligent and engaged group of citizens, and they were on to something. The federal government, under the guise of “public security”, cannot be permitted to infringe on the rights and freedoms that are fundamental to our very society, to what it means to be Canadian.
Yes, ensuring public safety is the pre-eminent responsibility of any government, but it is simply not acceptable to pursue security at any cost. My constituents, and indeed all Canadians, expect a government that respects fundamental constitutional rights, a government that will put in place mechanisms and safeguards to protect those rights.
That is precisely what Bill C-59 would achieve. How? First, it would tighten the definition of what constitutes “terrorist propaganda”. The narrower and more targeted definition would ensure that the sacrosanct protection of freedom of expression under section 2(b) of our charter is observed, and that our security laws in Canada are not so overreaching as to limit legitimate critique and debate.
Second, as a corollary to this point, Bill C-59 would also protect the right of all Canadians to legitimate protest and advocacy. One of the most searing criticisms of the Harper government's old BillC-51 was that bona fide protestors who dared to disagree with the government of the day could be caught up in a web of security sweeps, all in the name of public safety.
That is not how our Liberal government operates. We respect the charter and the right of all Canadians to engage in legitimate protest and advocacy, whether they represent a group with charitable status that opposes a government policy, or a gathering of students on a university campus who take up the call for more aggressive investment of federal funds to support the expansion of women's rights internationally.
That kind of advocacy is not a threat to our public security. To the contrary, it is an enhancement of our democracy. It is civil society groups and public citizens doing exactly what they do best, challenging government to do, and to be, better.
In Bill C-59, we recognize this principle. We are saying to Canadians that they have constitutional rights to free speech and protest, and that we are going to affirm and protect those rights by correcting the balance between protecting safety and respecting the charter.
Third, Bill C-59 would also upgrade procedures as they relate to the no-fly list. We know that the no-fly list is an important international mechanism for keeping people safe, but its use has expanded to the point of encroaching on Canadians' rights. In Bill C-59, we are determined to address this imbalance.
Our changes to the no-fly list regime would do the following. They would require the destruction of information provided to the minister about a person who was, or was expected to be, on board an aircraft within seven days following the departure or cancellation of the flight. It would also authorize the minister to collect information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity.
This is a critical step that would provide us with the legislative tools needed to develop a domestic redress mechanism. The funding for a domestic redress mechanism was delivered by our government this year, specifically $81.4 million in budget 2018. However, in order to start investing this money in a way that would allow Canadians, including children, who are false positives on the no-fly list to seek redress, we need legislative authority. Bill C-59 would provide that legislative authority.
Finally, with Bill C-59 we would re-establish the paramountcy of the charter. I speak now as a constitutional lawyer who practised in this area for 15 years prior to being elected. It is unfortunate that the paramountcy of the Constitution needs to be entrenched in law. As a lawyer, I know, and we should all know, that the Constitution is always the paramount document against which all other laws are measured. Nevertheless, the previous government's disdain for the charter has made this important step necessary.
Through Bill C-59, we would entrench, in black and white, that any unilateral action by CSIS to collect data in a manner that might infringe on the Constitution is no longer permitted. Instead, under Bill C-59, any such proposals would have to come before a judge, who must evaluate the application in accordance with the law, where protecting charter rights would be the paramount concern. Our party helped establish the charter in 1982, and our government stands behind that document and all the values and rights it protects.
As I and many others have said before in the House, the task is to balance rights and freedoms while upholding our duty to protect the safety of Canadians. That is not an easy task, but I am confident that Bill C-59, in partnership with BillC-22, would provide a comprehensive and balanced approach to national security. It is respectful of the charter and our Constitution. That is why I support this bill, and I ask all members to do the same.
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 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.
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