Interventions in the House of Commons
 
 
 
RSS feed based on search criteria Export search results - CSV (plain text) Export search results - XML
Add search criteria
View Pierre Paul-Hus Profile
CPC (QC)
At the time, the Minister of Public Safety and Emergency Preparedness decided not to give Bill  C-59 second reading and sent it directly to the Standing Committee on Public Safety and National Security. He said that committee meetings were needed to get additional information in order to improve the bill, so that is what we did.
During the committee's study of Bill  C-59, 235 amendments were proposed. The Conservative Party proposed 29 and the Green Party 45. The Liberals rejected all of them. Four NDP amendments and 40 Liberal amendments were adopted. Twenty-two of the Liberal amendments had more to do with the wording and with administrative issues. The Liberals also proposed one very important amendment that I will talk about later on.
The committee's mandate was to improve the bill. We, the Conservatives, undertook that work in good faith. We proposed important amendments to try to round out and improve the bill presented at second reading. The Liberal members on the committee rejected all of our amendments, even though they made a lot of sense. The Standing Committee on Public Safety and National Security held 16 meetings on the subject and heard from a number of witnesses, including people from all walks of life and key stakeholders in the security field. In the end, the government chose to reject all of our amendments.
There were two key points worth noting. The first was that under Bill  C-59, our security agencies will have fewer tools to combat the ongoing terrorist threat around the world. The second was that our agencies will have a harder time sharing information.
One important proposal made in committee was the amendment introduced by the Liberal member for Montarville regarding the perpetration of torture. Every party in the House agrees that the use of torture by our intelligence or security agencies is totally forbidden. There is no problem on that score. However, there is a problem with the part about torture, in that our friends across the aisle are playing political games because they are still not prepared to tell China and Iran to change their ways on human rights. One paragraph in the part about torture says that if we believe, even if we do not know for sure, that intelligence passed on by a foreign entity was obtained through torture, Canada will not make use of that intelligence. For example, if another country alerts us that the CN Tower in Toronto is going to be blown up tomorrow, but we suspect the information was extracted through some form of torture, we will not act on that intelligence if the law remains as it is. That makes no sense. We believe we should protect Canadians first and sort it out later with the country that provided the intelligence.
It is little things like that that make it impossible for us to support the bill. That element was proposed at the end of the study. Again, it was dumped on us with no notice and we had to vote on it.
There are two key issues. The national security and intelligence review agency in part 1 does not come with a budget. The Liberals added an entity, but not a budget to go with it. How can we vote on an element of the bill that has no number attached to it?
Part 2 deals with the intelligence commissioner. The Liberals rejected changes to allow current judges, who would retire if appointed, and retirees from being considered, despite testimony from the intelligence commissioner who will assume these new duties. Currently, only retired judges are accepted. We said that there are active judges who could do the work, but that idea was rejected. It is not complicated. It makes perfect sense. We could have the best people in the prime of their lives who may have more energy than those who are about to retire and may be less interested in working 40 hours a week.
In part 3 on the Communications Security Establishment, known as CSE, there are problems concerning the restriction of information. In fact, some clauses in Bill C-59 will make capturing data more complicated. Our intelligence agencies are facing additional barriers. It will be more difficult to obtain information that allows our agencies to take action, for example against terrorists.
Part 4 concerns the Canadian Security Intelligence Service, or CSIS. The Canadian Charter of Rights and Freedoms and the privacy issue often come up in connection with CSIS. A common criticism of BillC-51 is that this bill would allow agencies to breach people's privacy. Witnesses representing interest groups advocating for Canadians' privacy and people whose daily work is to ensure the safety of Canadians appeared before the committee. For example, Richard Fadden said that the agencies are currently working in silos. CSIS, the CSE, and the RCMP work in silos, and the situation is too complex. There is no way to share information, and that is not working.
Dr. Leuprecht, Ph.D., from the Royal Military College, Lieutenant-General Michael Day from the special forces, and Ray Boisvert, a former security adviser, all made similar comments. Conservative amendment No. 12 was rejected. That amendment called for a better way of sharing information. In that regard, I would like to remind members of the Air India bombing in 1985. We were given the example of that bombing, which killed more than 200 people on a flight from Toronto to Bombay. It was determined that this attack could have been prevented had it been easier to share information at the time.
The most important thing to note about part 7, which deals with the Criminal Code, is that it uses big words to increase the burden for obtaining arrest warrants to prevent terrorist acts. Amendments were made regarding the promotion of terrorism. Section 83.221 of the Criminal Code pertains to advocating or promoting the commission of terrorism offences. The Liberals changed the wording of that section with regard to unidentified terrorist offences, for example, ISIS videos on YouTube. They therefore created section 83.221.
That changes the recognizance orders for terrorism and makes it more difficult to control threats. Now, rather than saying “likely”, it says “is necessary”. Those are just two little words, but they make all the difference. Before, if it was likely that something would happen, our security agencies could intervene, whereas now, intervention must be necessary. It is a technicality, but we cannot support Bill C-59 because of that change in wording. This bill makes it harder for security agencies and police to do their work, when it should be making it easier for them.
We are not opposed to revising our national security legislation. All governments must be prepared to do that to adapt. BillC-51, which was introduced at the time by the Conservatives, was an essential tool in the fight against terrorist attacks in Canada and the world. We needed tools to help our agents. The Liberals alluded to BillC-51 during the election campaign and claimed that it violated Canadians' freedoms and that it did not make sense. They promised to introduce a new bill and here it is before us today, Bill C-59.
I would say that Bill C-59, a massive omnibus bill, is ultimately not much different from Bill C-51. There are a number of parts I did not mention, because we have nothing to say and we agree with their content. We are not against everything. What we want, no matter the party, is to be effective and to keep Canadians safe. We agree on that.
Nevertheless, some parts are problematic. As I said earlier, the government does not want to accept information from certain countries on potential attacks, because this information could have been obtained through torture. This would be inadmissible. Furthermore, the government is changing two words, which makes it harder to access the information needed to take action. We cannot agree with this.
Now the opposite is being done, and most of the witnesses who came to see us in committee, people in the business of privacy, did not really raise any issues. They did not show up and slam their fists on the desk saying that it was senseless and had to be changed. Everyone had their views to express, but ultimately, there were not that many problems. Some of the witnesses said that Bill C-59 made no sense, but upon questioning them further, we often reached a compromise and everyone agreed that security is important.
Regardless, the Liberals rejected all of the Conservatives' proposed amendments. I find that hard to understand because the minister asked us to do something, he asked us to improve Bill C-59 before bringing it back here for second reading—it is then going to go to third reading. We did the work. We did what we were supposed to do, as did the NDP, as did the Green Party. The Green Party leader had 45 amendments and is to be commended for that. I did not agree with all her amendments, but we all worked to improve Bill C-59, and in turn, to enhance security in Canadians' best interest, as promised. Unfortunately, that never happened. We will have to vote against this bill.
Since I have some time left, I will give you some quotes from witnesses who appeared before the committee. For example, everyone knows Richard Fadden, the Prime Minister's former national security adviser. Mr. Fadden said that Bill  C-59 was “beginning to rival the Income Tax Act for complexity. There are sub-sub-subsections that are excluded, that are exempted. If there is anything the committee can do to make it a bit more straightforward”, it would help. Mr. Fadden said that to the committee. If anyone knows security, it is Canada's former national security adviser. He said that he could not understand Bill  C-59 at all and that it was worse than the Income Tax Act. That is what he told the committee. We agreed and tried to help, but to no avail. It seems like the Liberals were not at the same meeting I was at.
We then saw the example of a young man who goes by the name Abu Huzaifa. Everyone knows that two or three weeks ago, in Toronto, this young man boasted to the New York Times and then to CBC that he had fought as a terrorist for Daesh in Iraq and Syria. He admitted that he had travelled there for the purposes of terrorism and had committed atrocities that are not fit to be spoken of here. However, our intelligence officers only found out that this individual is currently roaming free in Toronto from a New York Times podcast. Here, we can see the limitations of Bill  C-59 in the specific case of a Canadian citizen who decided to fight against us, to go participate in terrorism, to kill people the Islamic State way—everyone here knows what I mean—and then to come back here, free as a bird. Now the Liberals claim that the law does not allow such and such a thing. When we tabled Bill C-51, we were told that it was too restrictive, but now Bill  C-59 is making it even harder to get information.
What do Canadians think of that? Canadians are sitting at home, watching the news, and they are thinking that something must be done. They are wondering what exactly we MPs in Ottawa are being paid for. We often see people on Facebook or Twitter asking us to do something, since that is what we are paid for. We in the Conservative Party agree, and we are trying; the government, not so much. Liberal members are hanging their heads and waiting for it to pass. That is not how it works. They need to take security a little more seriously.
This is precisely why Canadians have been losing confidence in their public institutions and their politicians. This is also why some people eventually decide to take their safety into their own hands, but that should never happen. I agree that this must not happen. That would be very dangerous for a society. When people lose confidence in their politicians and take their safety into their own hands, we have the wild west. We do not want that. We therefore need to give our security officers, our intelligence officers, the powerful tools they need to do their jobs properly, not handcuff them. Handcuffs belong on terrorists, not on our officers on the ground.
Christian Leuprecht from Queen's University Royal Military College said that he respected the suggestion that CSIS should stick to its knitting, or in other words, not intervene. In his view, the RCMP should take care of some things, such as disruption. However, he also indicated that the RCMP is struggling on so many fronts already that we need to figure out where the relative advantage of different organizations lies and allow them to quickly implement this.
The questions that were asked following the testimony focused on the fact that the bill takes away our intelligence officers' ability to take action and asks the RCMP to take on that responsibility in CSIS's place, even though the RCMP is already overstretched. We only have to look at what is happening at the border. We have to send RCMP officers to strengthen border security because the government told people to come here. The RCMP is overstretched and now the government is asking it to do things that it is telling CSIS not to do. Meanwhile, western Canada is struggling with a crime wave. My colleagues from Alberta spoke about major crimes being committed in rural communities.
Finland and other European countries have said that terrorism is too important an issue and so they are going to allow their security agencies to take action. We cannot expect the RCMP to deal with everything. That is impossible. At some point, the government needs to take this more seriously.
After hearing from witnesses, we proposed amendments to improve Bill  C-59, so that we would no longer have any reason to oppose it at second reading. The government could have listened to reason and accepted our amendments, and then we would have voted in favour of the bill. However, that is not what happened, and in my opinion it was because of pure partisanship. When we are asked to look at a bill before second or third reading and then the government rejects all of our proposals, it is either for ideological reasons or out of partisanship. In any case, I think it is shameful, because this is a matter of public safety and security.
When I first joined the Canadian Armed Forces, in the late 1980s, we were told that the military did not deal with terrorism, that this was the Americans' purview. That was the first thing we were told. At the time, we were learning how to deal with the Warsaw Pact. The wars were highly mechanized and we were not at all involved in fighting terrorism.
However, times have changed. Clearly, everything changed on September 11, 2001. Canada now has special forces, which did not exist back then. JTF2, a special forces unit, was created. Canada has had to adapt to the new world order because it could also be a target for terrorist attacks. We have to take off our blinders and stop thinking that Canada is on another planet, isolated from any form of wickedness and cruelty. Canada is on planet Earth and terrorism knows no borders.
The G7 summit, which will soon be under way, could already be the target of a planned attack. We do not know. If we do not have tools to prevent and intercept threats, what will happen? That is what is important. At present, at the G7, there are Americans and helicopters everywhere. As we can see on the news, U.S. security is omnipresent. Why are there so many of them there? It is because confidence is running low. If Americans are not confident about Canadians' rules, military, and ability to intervene, they will bring everything they need to protect themselves.
That is why we need to take a position of strength. Yes, of course we have to show that we are an open and compassionate country, but we still need to be realistic. We have to be on the lookout and ready to take action.
View Ed Fast Profile
CPC (BC)
View Ed Fast Profile
2018-06-07 12:16 [p.20428]
Mr. Speaker, I appreciate the opportunity to speak to Bill C-59. Listening to our Liberal friends across the way, one would assume that this is all about public safety, that Bill C-59 would improve public safety and the ability of our security agencies to intervene if a terrorist threat presented itself. Nothing could be further from the truth.
Let us go back and understand what this Prime Minister did in the last election. Whether it was his youth, or ignorance, he went out there and said that he was going to undo every single bit of the Stephen Harper legacy, a legacy I am very proud of, by the way. That was his goal.
One of the things he was going to undo was what BillC-51 did. Bill C-51 was a bill our previous Conservative government brought forward to reform and modernize how we approach terrorist threats in Canada. We wanted to provide our government security agencies with the ability to effectively, and in a timely way, intervene when necessary to protect Canadians against terrorist threats. Bill C-51 was actually very well received across the country. Our security agencies welcomed it as providing them with additional tools.
I just heard my Liberal colleagues chuckle and heckle. Did members know that the Liberals, in the previous Parliament, actually supported BillC-51? Here they stand saying that somehow that legislation did not do what it was intended to do. In fact, it did. It made Canadians much safer and allowed our security agencies to intervene in a timely way to protect Canadians. This bill that has come forward would do nothing of the sort.
The committee overseeing this bill had 16 meetings, and at the end of the whole process, there were 235 amendments brought forward. That is how bad this legislation was. Forty-three of those amendments came from Liberals themselves. They rushed forward this legislation, doing what Liberals do best: posture publicly, rush through legislation, and then realize, “What have we done? My goodness.” They had 43 amendments of their own, all of which passed, of course. There were 20-some Conservative amendments, and none of them passed, even though they were intelligently laid-out improvements to this legislation. That is the kind of government we are dealing with here. It was all about optics so that the government would be able to say, “We are taking that old BillC-51 that was not worth anything, although we voted in favour of it, and we are going to replace it with our own legislation.” The reality is that Bill C-51 was a significant step forward in protecting Canadians.
This legislation is quite different. What it would do is take one agency and replace it with another. That is what Liberals do. They take something that is working and replace it with something else that costs a ton of money. In fact, the estimate to implement this bill is $100 million. That is $100 million taxpayers do not have to spend, because the bill would not do one iota to improve the protection of Canadians against terrorist threats. There would be no improved oversight or improved intelligence capabilities.
The bill would do one thing we applaud, which is reaffirm that Canada will not torture. Most Canadians would say that this is something Canada should never do.
The Liberals went further. They ignored warnings from some of our intelligence agencies that the administrative costs were going to get very expensive. In fact, I have a quote here from our former national security adviser, Richard Fadden. Here is what he said about Bill C-59: “It is beginning to rival the Income Tax Act for complexity.” Canadians know how complex that act has become.
He said, “There are sub-sub-subsections that are excluded, that are exempted. If there is anything the committee can do to make it a bit more straightforward, [it would be appreciated].” Did the committee, in fact, do that? No, it did not make it more straightforward.
There is the appointment of a new intelligence commissioner, which is, of course, the old one, but again, with additional costs. The bill would establish how a new commissioner would be appointed. What the Liberals would not do is allow current or past judges to fill that role. As members know, retired and current judges are highly skilled in being able to assess evidence in the courtroom. It is a skill that is critical to being a good commissioner who addresses issues of intelligence.
Another shortcoming of Bill C-59 is that there is excessive emphasis on privacy, which would be a significant deterrent to critical interdepartmental information sharing. In other words, this legislation would highlight privacy concerns to the point that our security agencies and all the departments of government would now become hamstrung. Their hands would become tied when it came to sharing information with other departments and our security agencies, which could be critical information in assessing and deterring terrorist threats.
Why would the government do this? The Liberals say that they want to protect Canadians, but the legislation would actually take a step backwards. It would make it even more difficult and would trip up our security agencies as they tried to do the job we have asked them to do, which is protect us. Why are we erring on the side of the terrorists?
We heard testimony, again from Mr. Fadden, that this proposed legislation would establish more silos. They were his nightmare when he was the national security director. We now have evidence from the Air India bombing. The inquiry determined that the tragedy could have been prevented had one agency in government not withheld critical information from our police and security authorities. Instead, 329 people died at the hands of terrorists.
Again, why are we erring on the side of terrorists? This proposed legislation is a step backward. It is not something Canadians expected from a government that had talked about protecting Canadians better.
There are also challenges with the Criminal Code amendments in Bill C-59. The government chose to move away from criminalizing “advocating or promoting terrorism” and would move towards “counselling” terrorism. The wording has been parsed very carefully by security experts, and they have said that this proposed change in the legislation would mean, for example, that ISIS propaganda being spread on YouTube would not be captured and would not be criminalized. Was the intention of the government when it was elected, when it made its promises to protect Canadians, to now step backward, to revise the Criminal Code in a way that would make it less tough on terrorists, those who are promoting terrorism, those who are advocating terrorism, and those who are counselling terrorism? This would be a step backward on that.
In closing, I have already stated that the Liberals are prepared to err on the side of terrorists rather than on the side of Canadian law enforcement and international security teams. The bill would create more bureaucracy, more costs, and less money and security for Canadians.
When I was in cabinet, we took security very seriously. We trusted our national security experts. The proposed legislation is essentially a vote of non-confidence in those experts we have in government to protect us.
Finally, the message we are sending is that red tape is more important than sharing information and stopping terrorism. That is a sad story. We can do better as Canadians.
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 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.
Results: 1 - 4 of 4