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View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2019-06-07 12:27 [p.28803]
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 François Choquette Profile
NDP (QC)
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 Ralph Goodale Profile
Lib. (SK)
View Ralph Goodale Profile
2017-11-20 12:05 [p.15289]
moved that:
Bill C-59, An Act respecting national security matters, be referred forthwith to the Standing Committee on Public Safety and National Security.
He said: Madam Speaker, the Government of Canada has no greater responsibility than keeping Canadians safe. We must fulfill that essential and solemn obligation while at the same time safeguarding Canadian rights and freedoms.
This double objective of protecting Canadians while defending their rights and freedoms was the basis of our commitments regarding national security during the last election, and it informed everything we have done in the area since we have been in government.
We have, for example, created a committee of parliamentarians with unprecedented access to classified information to scrutinize the activities of all national security and intelligence agencies. We have launched the Canada Centre for Community Engagement and Prevention of Violence to help Canada become a world leader in counter-radicalization.
We have issued new ministerial directions that more clearly prohibit conduct that would result in a substantial risk of torture. Our starting point was the most extensive and inclusive consultations about national security ever undertaken by the Government of Canada. Beginning in the spring of 2016, that effort involved individual stakeholders, round tables, town halls, various renowned experts, studies by parliamentary committees, and a broad solicitation of views online. More than 75,000 submissions were received.
All of this fresh input was supplemented by earlier judicial inquires by Iacobucci, O'Connor, and Major, as well as several parliamentary proposals, certain court judgments, and reports from existing national security review bodies. It all helped to shape the legislation before us today, Bill C-59, the national security act of 2017.
The measures in this bill cover three core themes, enhancing accountability and transparency, correcting problematic elements from the former BillC-51, and updating our national security laws to ensure that our agencies can keep pace with evolving threats.
One of the major advances in this legislation is the creation of the national security and intelligence review agency. This new body, which has been dubbed by some as a "super SIRC", will be mandated to review any activity carried out by any government department that relates to national security and intelligence, as well as any matters referred to it by the government. It will be able to investigate public complaints. It will specifically replace the existing review bodies for CSIS and the Communications Security Establishment, but it will also be authorized to examine security and intelligence activities throughout the government, including the Canada Border Services Agency.
In this day and age, security operations regularly involve multiple departments and agencies. Therefore, effective accountability must not be limited to the silo of one particular institution. Rather, it must follow the trail wherever it leads. It must provide for comprehensive analysis and integrated findings and recommendations. That is exactly what Canadians will get from this new review agency.
Bill C-59 also creates the brand new position of the intelligence commissioner, whose role will be to oversee and approve, or not approve, certain intelligence activities by CSIS and the CSE in advance. The intelligence commissioner will be a retired or supernumerary superior court judge whose decisions will be binding. In other words, if he or she says that a particular proposed operation is unreasonable or inappropriate, it will simply not proceed.
Taken together, the new comprehensive review agency, the intelligence commissioner, and the new committee of parliamentarians will give Canada accountability mechanisms of unprecedented scope and depth. This is something that Canadians have been calling for, and those calls intensified when the former BillC-51 was introduced. We heard them loud and clear during our consultations, and we are now putting these accountability measures into place.
Bill C-59 also brings clarity and rigour to internal government information sharing under the Security of Canada Information Sharing Act, or SCISA. This is the law that allows government institutions to share information with each other in respect of activities that undermine the security of Canada. Among other things, Bill C-59 would change the name of the law, in English, to the security of Canada information disclosure act, to be clear that we are talking only about the disclosure of existing information, not the collection of anything new. Government institutions will now be required to keep specific records of all disclosures made under the act, and to provide these records to the new review agency.
Importantly, Bill C-59 clarifies the definition of activities “that undermine the security of Canada”. For example, it is explicit in stating that advocacy, protest, dissent, and artistic expression are not included. The new legislation would also provide more precision in the definition of “terrorist propaganda”, in line with the well-known criminal offence of counselling.
The paramountcy of the Charter of Rights and Freedoms is an overriding principle in Bill C-59. That is perhaps most evident in the updates that we are proposing to the CSIS Act. This is the law that created CSIS back in 1984, and it has not been modernized in any meaningful way since then.
The former BillC-51 empowered CSIS to engage in measures to reduce threats to the security of Canada without clearly defining what those measures could and could not include. We are now creating a specific closed list of measures that CSIS will have the authority to take to deal with threats. If any such activity might limit a charter right, CSIS will have to go before a judge. The activity can only be allowed if the judge is satisfied that it is compliant with the charter.
Another concern we heard during the consultations and more generally has been about the no-fly list, especially the problem of false positives, which affects people whose names are similar to listed individuals. This is due to long-standing design flaws in the way that the no-fly list was first created many years ago. Those flaws require legislative, regulatory, and technological changes to fix them.
Bill C-59 includes the necessary legislative changes and paves the way for the others that will be necessary. In essence, Canada's no-fly list currently piggybacks onto the airlines' computer systems, which means that the government does not control the fields to be included nor the way that the whole system works. This bill would give us the authority we need to allow the government, instead of airlines, to screen passenger information against the no-fly list. The people who have been affected by this, especially those with children, feel frustrated and stigmatized by their no-fly problems. That is entirely understandable, and that is why we are working so hard to get this fixed. Passing Bill C-59 is a necessary step toward that end.
There is much more in Bill C-59 than I could possibly deal with in these 10 minutes, but in keeping with the open and inclusive approach that we have taken with this legislation since before it was even drafted, we are sending it to committee before second reading to ensure that the examination of the bill is as thorough as possible.
Professor Craig Forcese, a respected expert in national security law from the University of Ottawa, said Bill C-59 “appears to be more carefully crafted than anything we've seen in this area in a long time..”. I appreciate that, but there is still more work to be done.
I certainly hope to hear ideas and advice from colleagues in the House. We are open to constructive suggestions as we work together to ensure that Canada's national security framework is as strong and effective as it can possibly be.
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