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View Ralph Goodale Profile
Lib. (SK)
View Ralph Goodale Profile
2019-06-07 10:07 [p.28737]
moved:
That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-59, An Act respecting national security matters, the House:
agrees with amendments 3 and 4 made by the Senate;
respectfully disagrees with amendment 1 made by the Senate because the intent of the legislation is to ensure ministerial responsibility and accountability, and the legislation provides that the Intelligence Commissioner must review whether or not the conclusions of the Minister of National Defence, when issuing a foreign intelligence authorization, are reasonable; additionally, subsection 20(1) already requires the Commissioner to provide the Minister with reasons for authorizing or rejecting a foreign intelligence authorization request;
respectfully disagrees with amendment 2 made by the Senate because it would limit the scope of subsection 83.221(1) and would create inconsistencies with the general counselling provisions contained in section 22 and paragraphs 464(a) and (b) of the Criminal Code.
He said: Madam Speaker, as many external experts have said, Bill C-59, which is before the House once again, is of extraordinary importance to Canada and the security and intelligence agencies that work every day to keep Canadians safe.
During the 2015 election, we promised to correct certain problematic elements in the previous government's national security legislation, BillC-51. In making that promise, we pledged that a government must be able to protect individual rights while at the same time keeping Canadians safe. This is not about striking a balance whereby rights and safety are traded off one against the other; this is about achieving and protecting both simultaneously.
Work on this legislation began very shortly after our government was first sworn into office in late 2015. The time and effort it has taken to get Bill C-59 to the point it is at today have ensured that this is the right bill at the right time for Canada.
We began by examining landmark court rulings, such as those issued by Justices Iacobucci, O'Connor and Major, as well as past reports of the Security Intelligence Review Committee, the Senate and the House of Commons. We sought to implement their advice and their rulings.
We then looked at the legal authorities and powers our security and intelligence agencies have from a modern technological standpoint.
The Communications Security Establishment has been part of the Department of National Defence since the end of World War II, with its authorities embedded in the National Defence Act. In 2011, the CSE became a stand-alone agency. However, to this day, it still does not have its own enabling legislation with clear, delineated powers and authorities that reflect the necessary capabilities of signals intelligence in the modern era. Bill C-59 would fix that.
The Canadian Security Intelligence Service Act was written in 1984, following the Macdonald Commission report. It has been largely left in its original form since that time. To put that in perspective, in 1984, the Mac computer was first introduced to the public. If one had a PC instead of a Mac, one ran it on DOS, because Bill Gates had not released the first version of Windows yet, back in 1984. If one wanted to be one of the first people to buy a cellphone, one had to pay, in today's dollars, about $10,000, back in 1984. If one wanted to go online, one used a dial-up modem to access a bulletin board system, or BBS, because the Internet, with browsers, was still a decade away.
As Federal Court Justice Noël wrote in 2016, “the CSIS Act is showing its age”. Suffice it to say, as we looked at the enabling legislation for our security and intelligence agencies, we realized that they needed a lot of updating just to catch up to technology.
In September 2016, having done our basic research and homework, we launched a national security green paper outlining the challenges and the opportunities, and we asked Canadians to share their views. As it turned out, we heard back from them in spades. Over 75,000 submissions were received, and all of them are now summarized in an open and transparent manner on the Public Safety Canada website. During that process, we held town halls and public consultations from coast to coast. The public safety committee of the House of Commons also undertook a study and submitted its recommendations to the government.
Then, on June 20, 2017, after analyzing and synthesizing all of that input, Bill C-59 was tabled in Parliament.
We put it in the public domain before the House rose for the summer so that MPs and the public could truly digest the bill's contents before debate began in Parliament later that fall.
Once the House resumed that fall, the bill was referred to the public safety committee before second reading, allowing it to have more scope for possible amendments. The committee made numerous changes, improving the legislation, including a new requirement for public ministerial directives on receiving or sharing information that may have been tainted by torture. The House passed Bill C-59 on June 19, 2018, and sent it to the Senate, where it received even greater scrutiny and several more amendments.
Among them, the Senate has amended the legislation to require parliamentary review of the legislation three years after royal assent rather than five years, as originally proposed. The original intent of the review after five years was to take into account that some of the provisions of Bill C-59 may come into force quite a bit down the road, and those parts may not have had the time to mature enough for a fulsome review after just three years. However, as I said at the outset, this is a vitally important piece of legislation, and the majority of it will be fully in force in the near term, so a review after three years, as proposed by the Senate, is just fine with me. Plus, a review this quickly would ensure that any changes that may be required as a result of the review could happen sooner.
The Senate also improved part 1.1 of the legislation, the new avoiding complicity in mistreatment by foreign entities act. While the bill lists five specific agencies involved in national security and intelligence operations that would have to comply with the provisions of the new act, the Senate added a schedule so that in future, new departments or agencies might be added by Governor in Council. This could include existing departments with a new national security component or future agencies that might be created.
I would also note that the Senate made eight observations about Bill C-59, which we will, of course, very carefully examine. I especially like the idea of the Senate undertaking a study it is proposing on converting intelligence to evidence in a court of law. This is a point that has bedevilled policy-makers for years, as well as Crown prosecutors and security and intelligence operators, and it is a topic that could benefit from detailed Senate examination.
The Senate also amended part 2 of the bill, which creates the new position and office of the intelligence commissioner. I thank the Senate for their consideration of this part, but will be asking my colleagues here in the House to respectfully decline this amendment.
The intelligence commissioner, under the new legislation, would have a vital role to play in determining whether the standard of reasonableness had been met in a foreign intelligence authorization. However, it would not be the role of the intelligence commissioner to determine how that standard should be met. There may be various methods to meet the standard, and the choice of which method is to be used would be at the discretion of the minister. There should be no confusion about ultimate accountability. It is important to ensure that the authority and accountability for a foreign intelligence operation would rest squarely with the Minister of National Defence.
My staff consulted very carefully on this point with the current Office of the Communications Security Establishment Commissioner, which will ultimately become the office of the new intelligence commissioner under Bill C-59, about this particular amendment. The office of the current commissioner indicated a very strong preference for the existing language in clause 20 of the future intelligence commissioner act.
The future clause 20 was amended by the House public safety committee to require the commissioner to provide reasons as to why he or she had approved any proposed authorization scheme or rejected it. That is the right step to take. The Minister of National Defence will consider those reasons when crafting any new authorization application. This approach allows the new commissioner to express his or her views very clearly, while the Minister of National Defence will retain the proper authority and accountability.
If, in the future, there were to be a situation where an authorization is ever challenged in court, it would be the Minister of National Defence, not the intelligence commissioner, who would be accountable to the court. The minister's argument in court should not be that the authorization scheme was explicitly what the intelligence commissioner told him to authorize in order for the CSE to undertake an important activity. In other words, the burden of responsibility should not be shifted to the intelligence commissioner; it must remain with the Minister of National Defence and the Minister of National Defence needs to account for that.
With respect to the Criminal Code amendment that has been proposed by the Senate, I very much appreciate what the senators have attempted to do here. I understand very clearly the point they are trying to make, and we have heard the same point from a number of other stakeholders that have come forward with similar questions and concerns.
However, I make this point. The courts have set an extremely high bar for convicting individuals of counselling offences, which is why the language in the Criminal Code needs to be clear and consistent. It must be just as clear for section 83, terrorism offences, as it is for section 22 and section 464, which cover the counselling of other Criminal Code offences. This will help public prosecutors when they make a decision as to whether there is a reasonable chance of conviction in order to proceed to trial.
Unfortunately, the changes made by the previous government's BillC-51, back in 2015, had made the terrorist counselling provisions so obscure that they were never actually used. When Bill C-59 was tabled, the intent was to model the section 83, terrorism counselling offences, on the other Criminal Code counselling offences, which have been well used, successfully and are very familiar to police, prosecutors and judges alike.
The courts have already ruled that the terrorism counselling provisions in the Criminal Code, which refer to counselling “another person”, do not require the accused to have counselled a specific individual or even someone he or she knows. In practice, this broad principle will apply in section 83 as well.
If Parliament were to make the wording changes on counselling being suggested by the Senate, that could have unintended consequences for the rest of the Criminal Code's counselling provisions, such as counselling to commit a hate crime. A loophole could inadvertently be created, which I am sure some very assiduous defence attorney would attempt to exploit for a client facing a charge under section 464, for example.
Further, the use of the term “terrorist activity” in the amendment, rather than saying “terrorist offence” actually narrows the scope of what will be illegal under the terrorism counselling provisions. Terrorist activity is defined in the interpretation section of part II.1 of the Criminal Code, and that definition does not include all terrorism offences.
As an example, leaving Canada to join a terrorist group is an offence under the Criminal Code, but it is not contained within the definition of terrorist activity. As a result of the proposed amendment, it would be legal to counsel someone to travel to Syria to join Daesh. I am sure that is not what is intended by the proposed amendment, but that would be the actual consequence, and it is a consequence we need to avoid.
As I mentioned, I appreciate the spirit of the amendment and I have heard other representations to the same effect. However, what prosecutors have clearly told me is that if our goal is to have the terrorism counselling provisions used as frequently and effectively as possible, the best way to achieve that is to mirror the language used in the other counselling provisions in the Criminal Code where the notion of counselling “another person” already includes the counselling of an unknown individual.
I would like to remind all my colleagues of what Parliament is being asked to approve under Bill C-59 generally. We are looking to establish a single national security review body with a government-wide mandate to follow leads from one agency to another, such as from CSIS to the RCMP or elsewhere. This has long been recommended by experts, academics and parliamentary committees. Sometimes it is referred to as the super SIRC, and Bill C-59 does it.
We are creating a new act to govern the Communication Security Establishment, which includes a new regime for authorizing its activities for the first time ever. We are creating a closed list of threat reduction activities that CSIS may undertake so the service has clear direction from Parliament and knows what it can do, what it cannot do, and where the fences are. We are creating a justification regime for CSIS that will provide the lawful authorities it needs to perform the activities required to investigate threats and to keep Canadians safe. The same concept with respect to police officers has existed in the Criminal Code for many years.
We are also creating a dataset regime for the service that will allow it to collect, retain and query datasets subject to stringent safeguards. We are fixing the Security of Canada Information Sharing Act, ensuring that it does not diminish lawful advocacy, protest and dissent. It will also have greatly improved safeguards to ensure federal departments share national security information only when it is necessary to do so, following appropriate procedures and keeping proper records.
Then there is the no-fly list, and I know we have all been lobbied on this one. Bill C-59 would enable the creation of a recourse mechanism for people whose names coincidentally match or closely resemble names that are listed in Canada's passenger protect program. This is the infamous problem of false positives, sometimes affecting small children.
I want to thank the members of the group known as the “no-fly kids”, whose tenacious efforts have kept this issue in the forefront for many parliamentarians, and Bill C-59 is part of the solution.
I can assure my colleagues that officials at Public Safety have compressed the timelines as much as humanly and physically possible. The required Treasury Board submissions and other orders in council required after royal assent of Bill C-59 will be moving as quickly as possible to get that recourse system up and running to deal with that issue for the no-fly kids.
That summary does not quite encapsulate everything that is in Bill C-59. However, as my colleagues can see, it is very comprehensive legislation that would strengthen and modernize our national security apparatus and architecture.
I want to thank all of the public servants across multiple departments who have worked on this and have appeared before many committees to provide technical answers to parliamentarians. I want to thank the tens of thousands of Canadians who participated in our green paper consultation process and the many individuals who continue to provide advice as Bill C-59 moves through the parliamentary process.
Most of all, I want to thank my parliamentary colleagues who have given this bill the thorough scrutiny that it most certainly deserves, including Senator Gold and his colleagues in the other place who have sent us the report we are dealing with at this moment and to which we are responding.
With this comprehensive legislation, we are in fact achieving our original goal and obligation to keep Canadians safe and secure, while simultaneously safeguarding their rights and freedoms and the precious democratic qualities and values that make Canada, Canada.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2018-06-18 17:36 [p.21175]
Mr. Speaker, I thank my colleagues for their speeches. Here we are again, debating Bill C-59 at third reading, and I would like to start by talking about the process of debate surrounding a bill, which started not with this government, but rather during the last Parliament with the former Bill C-51.
Contrary to what we have been hearing from the other side today and at other times as well, the NDP and the Green Party were the only ones that opposed Bill C-51 in the previous Parliament. I have heard many people talk about how they were aware that Canadians had concerns about their security, about how a balanced approach was vital, and about how they understood the bill was flawed. They took it for granted that they would come to power and then fix the many, many, many flaws in the bill. Some of those flaws are so dangerous that they threaten the rights, freedoms, and privacy of Canadians. Of course, I am talking about the Liberal Party, which supported Bill C-51 even as it criticized it. I remember that when it was before committee, the member for Malpeque, who is still an MP, spend his time criticizing it and talking about its flaws. Then the Liberal Party supported it anyway.
That is problematic because now the government is trying to use the bill to position itself as the champion of nuanced perspectives. The government keeps trying to say that there are two objectives, namely to protect Canadians and to protect Canadians' rights. I myself remember a rather different situation, which developed in the wake of the 2014 attack on Parliament. The Conservative government tried to leverage people's fear following that terrible event to make unnecessary legislative changes. I will comment further on what was really necessary to protect Canadians.
A legislative change was therefore proposed to increase the powers given to national security agencies, but nothing was done to enhance the oversight system, which already falls short of where it needs to be to ensure that their work is done in full compliance with our laws and in line with Canadians' expectations regarding their rights and freedoms. Surveys showed that Canadians obviously welcomed those measures because, after all, we were in a situation where ISIS was on the rise, and we had the attack in Saint-Jean-sur-Richelieu, which is not far from my region. We also had the attack right here in Parliament. They took advantage of people's fear, so there was some support for the measures presented in the bill.
To the NDP, our reflection in caucus made it very clear that we needed to stand up. We are elected to this place not only to represent our constituents, but also to be leaders on extremely difficult issues and to make the right decision, the decision that will ensure that we protect the rights of Canadians, even when that does not appear to be a popular decision.
Despite the fact that it seemed to be an unpopular decision, and despite the fact that the Liberals, seeing the polls, came out saying “We are just going to go with the wind and try and denounce the measures in the bill so that we can simultaneously protect ourselves from Conservative attacks and also try and outflank the NDP on the progressive principled stand of protecting Canadians' rights and freedoms,” what happened? The polls changed. As the official opposition, we fought that fight here in Parliament. Unlike the Liberals, we stood up to Stephen Harper's draconian BillC-51. We saw Canadians overwhelmingly oppose the measures that were in Bill C-51.
What happened after the election? We saw the Liberals try to square the circle they had created for themselves by denouncing and supporting legislation all at the same time. They said not to worry, because they were going to do what they do best, which is to consult. They consulted on election promises and things that were already debated in the previous Parliament.
The minister brought forward his green paper. The green paper was criticized, correctly and rightfully so, for going too far in one direction, for posing the question of how we could give more flexibility to law enforcement, how we could give them more tools to do their jobs, which is a complete misunderstanding of the concerns that Canadians had with Bill C-51 to begin with. It goes back to the earlier point I made. Instead of actually giving law enforcement the resources to create their tools, having a robust anti-radicalization strategy, and making sure that we do not see vulnerable young people falling through the cracks and being recruited by terrorist organizations like ISIS or the alt right that we see in these white supremacist groups, what happened?
We embarked on this consultation that was already going in one direction, and nearly two years after the Liberals coming into power, we finally see legislation tabled. The minister, in his speech earlier today, defended tabling that legislation in the dying days of a spring sitting of Parliament before the House rises for the summer by saying that we would have time to consider and contemplate the legislation over the summer. He neglected to mention that the very same powers that stood on shaky constitutional ground that were accorded to agencies like CSIS by the Conservatives' BillC-51 remain on the books, and as Michel Coulombe, the then director of CSIS, now retired, said repeatedly in committee, they are powers that were being used at that time.
It is all well and good to consult. Certainly, no one is opposed to the principles behind consultation, but when the consultation is about promises that were made to the Canadian people to fix legislation that undermined their rights while the very powers that undermined their rights are still on the books and being used, then one has to recognize the urgency to act.
The story continues because after this consultation the Standing Committee on Public Safety and National Security conducted a consultation. We made recommendations and the NDP prepared an excellent supplementary report, which supports the committee's unanimous recommendations, but also includes our own, in support of the bill introduced by my colleague from Esquimalt—Saanich—Sooke, which is on the Order Paper. He was the public safety critic before me and he led the charge, along with the member for Outremont, who was then the leader of the official opposition, against BillC-51. The bill introduced by my colleague from Esquimalt—Saanich—Sooke entirely repeals all of the legislation in Bill C-51.
Interestingly, the Minister of Public Safety and Emergency Preparedness defended the fact that he did not repeal it all by stating that several MPs, including the member for Spadina—Fort York, said that the reason not to do so was that it would be a highly complex legislative endeavour. My colleague introduced a bill that is on the Order Paper and that does exactly that. With due respect to my colleague, it cannot be all that complex if we were able to draft a bill that achieved those exact objectives.
Bill C-59 was sent to the Standing Committee on Public Safety and National Security before second reading, on the pretext that this would make it possible to adopt a wider range of amendments, give the opposition more opportunities to be heard, and allow for a robust study. What was the end result? A total of 55 amendments were adopted, and we are proud of that. However, of those 55 amendments, two come from the NDP, and one of those relates to the preamble to one part of the bill. While I have no desire to impugn the Liberals' motives, the second amendment was adopted only once the wording met their approval. None of the Conservatives' amendments were adopted. Ultimately, it is not the end of the world, because we disagree on several points, but I hear all this talk about collaboration, yet none of the Green Party's amendments were adopted. This goes to show that the process was rigged and that the government had already decided on its approach.
The government is going to brag about the new part 1.1 of the legislation that has been adopted. Contrary to what the minister said when answering my question earlier today in debate, that would not create any new legal obligation in terms of how the system currently works. The ministerial directives that are adopted to prohibit—despite loopholes, it is important to note—the use of information obtained under torture will remain just that, ministerial directives. The legal obligation that the minister or the Governor in Council “may” recommend the issuing of directives to deputy heads of departments is just not good enough. If it were, the Liberals would have had no problem voting for amendments that I read into record at committee. Time does not permit me to reread the amendments into the record, but I read them into the record in my question for the minister. The amendments would have explicitly and categorically prohibited acquiring, using, or, in way, shape, or form, interacting with information, from a public safety perspective, that may have been obtained under the use of torture. That is in keeping with our obligations under international law conventions that Canada has signed on to.
On a recorded vote, on every single one of those amendments, every member of the committee, Liberal and Conservative alike, voted against them. I invite Canadians to look at that record, and I invite Canadians to listen to what the minister said in response to me. When public safety may be at risk, there is no bigger admission that they are open to using information obtained under the use of torture than saying that they want to keep the flexibility when Canadians are at risk. Let Canadians be assured that it has been proven time and again that information obtained under the use of torture is of the most unreliable sort. It not only does nothing to protect Canadians and ensure public safety, but most of the time it does the opposite, by leading law enforcement on wild goose chases with erroneous information that could put their lives at risk, and Canadian lives at risk, not to mention the abhorrent and flagrant breach of human rights here and elsewhere through having those types of provisions. Therefore, I will let the Liberals explain why they voted against those amendments to explicitly prohibit torture, and why they feel that standing on ministerial directives and words like “may”, that are anything but binding, is good enough.
The Minister of Public Safety loves to boast that he has the support of various experts, and I have the utmost respect for those experts. I took the process in committee very seriously. I tried to unpack the extremely complex elements of the bill.
My Conservative colleague mentioned the Chair's decision to apply Standing Order 69.1. In my opinion, separating the votes on the different elements of the bill amounts to an acknowledgement that it is indeed an omnibus bill. A former director of CSIS, who served as a national security advisor to Prime Minister Harper and the current Prime Minister, said that the bill was beginning to rival the Income Tax Act in terms of complexity. Furthermore, several witnesses were forced to limit their testimony to just one part of the bill. In addition, elements were added concerning the Communications Security Establishment, or CSE, and those elements fall within the scope of national defence, yet they were never mentioned during the consultations held by the Standing Committee on Public Safety and National Security or by the Minister of Public Safety.
Before anyone jumps on me, I want to say that we realize the CSE's statutory mandate needs to be updated. We recognize that cybersecurity threats exist. However, when a government rams something through, as the government is doing with Bill C-59, we end up with flawed definitions, in particular with respect to the information available to the public, and with vague allocation of powers. Furthermore, the government is already announcing the position of a director of a new centre that is being created, under which everything will be consolidated, even though the act that is set out in the budget and, according to the minister, should be introduced this fall, has not yet been introduced.
This bill has many parts. The committee heard from some impressive experts, including professors Carvin, Forcese, and Wark, authors of some very important and interesting briefs, all of which are well thought out and attempt to break down all of the complicated aspects of the bill, including the ones I just mentioned. In their columns in The Globe and Mail, they say that some parts of the bill are positive and others require a more in-depth study. One of these parts has to do with information sharing.
Information sharing was one of the most problematic aspects of BillC-51.
Information sharing is recognized by the experts whom the minister touts as those supporting his legislation, by civil liberties associations and others, as one of the most egregious elements of what was BillC-51, and that is changed only in a cosmetic way in this legislation.
We changed “sharing” to “disclosure”, and what does that mean? When there are consequential amendments to changing “disclosure” everywhere else in all of these acts, it does not change anything. All experts recognize that. The problematic information-sharing regime that was brought in, which is a threat to Canadians' rights and freedoms, still exists.
If we want to talk about what happened to Maher Arar, the Liberals voted down one of my amendments to include Global Affairs as one of the governmental departments that Canadians could make a complaint about to the new review agency. Yet, when it comes to consular services, when it comes to human rights breaches happening to Canadians abroad, Global Affairs and consular services have a role to play, especially when we see stories in the news of CSIS undermining efforts of consular affairs to get Canadians out of countries with horrible human rights records and back here.
This has all fallen on deaf ears. The information-sharing regime remains in place. The new powers given to CSE, in clause 24, talk about how CSE has the ability to collect. Notwithstanding the prohibition on it being able to collect information on Canadians, it can, for the sake of research and other things, and all kinds of ill-defined terms, collect information on the information infrastructure related to Canadians.
Incidentally, as a matter of fact, it voted down my amendments to have a catch-and-release provision in place for information acquired incidentally on Canadians. What does that do? When we read clause 24 of part 3 of the bill related to CSE, it says that it is for the purposes of “disclosing”. Not only are they now exempt from the explicit prohibition that they normally have in their mandate, they can also disclose.
What have the Liberals done to the information-sharing regime brought in by the Conservatives under BillC-51? It is called “disclosure” now. Members can do the math. We are perpetuating this regime that exists.
I know my time is very limited, so I want to address the issue of threat disruption by CSIS. As I said in my questions to my Conservative colleague, the very reason CSIS exists is that disruption is a police duty. As a result, leaving the power to disrupt threats granted in former Bill C-51 in the hands of CSIS still goes against the mandate of CSIS and its very purpose, even if the current government is making small improvements to the constitutionality of those powers. That is unacceptable.
I am not alone in saying this. As I said in my questions to my Conservative colleagues, I am talking about the excellent interview with former RCMP commissioner Paulson. He was interviewed by Professors Carvin and Forcese on their podcast. That interview raised concerns about that power.
In closing, I would like to talk about solutions. After all, I did begin my remarks by saying that we do not want to increase the legislative powers, which we believe are already sufficient. I am talking here about Bill C-51, which was introduced in the previous Parliament. We need to look at resources for police officers, which were cut by the previous government. The Conservatives eliminated the police recruitment fund, which allowed municipalities and provinces to recruit police officers and improve police services in their jurisdictions. I am thinking in particular of the Montreal police, or SPVM, and the Eclipse squad, which dealt with street gangs. It was a good thing the Government of Quebec was there to fill the gap left by the elimination of the funding that made it possible for the squad to exist. The current government is making some efforts in the fight against radicalization, but it needs to do more. The Conservatives are dumping on and ridiculing those efforts. The radicalization that we are seeing on social media and elsewhere targets vulnerable young people. Ridiculing and minimizing the government's efforts undermines the public safety objectives that we need to achieve.
We cannot support a bill that so deeply undermines the protection of Canadians' rights and privacy. Despite what they claim across the way, this bill does nothing to protect the safety of Canadians, which, let us be clear, is an objective all parliamentarians want to achieve. However, achieving that objective must not be done to the detriment of rights and freedoms, as was the case under the previous government and as is currently still the case with this bill.
View Pam Damoff Profile
Lib. (ON)
View Pam Damoff Profile
2018-06-18 18:22 [p.21182]
Mr. Speaker, I appreciate the opportunity to rise today to speak in this important debate on Bill C-59. I want to thank my colleagues on the Standing Committee on Public Safety and National Security, both past and present, who contributed to the in-depth study of our national security framework, as well as those who provided testimony on this bill. Thanks to that work, over 40 amendments were adopted by the committee, and I would like to highlight some of them.
First, there is an amendment that would add provisions enacting the avoiding complicity in mistreatment by foreign entities act, which was introduced by my colleague, the MP for Montarville. Canadians find torture abhorrent and an affront to their values. In the past, the Minister of Public Safety, the Minister of Foreign Affairs, and the Minister of National Defence have issued directions to ensure that the Canadian government does not use, share, disclose, or request information that could put someone at risk of being tortured by a foreign entity. This amendment would enshrine in law a requirement for directions to be issued on using, disclosing, or requesting information. These directions would be made public and reported on annually to the public, to review bodies, and to the newly constituted National Security and Intelligence Committee of Parliamentarians to ensure transparency and accountability.
I know that Canadians want to feel confident that their government is not complicit in foreign entities' use of torture, as it is well documented that information obtained through torture is unreliable. This amendment is a welcome reassurance, and I am proud that the committee adopted it, despite objections from the official opposition.
Second, the amended bill would strengthen privacy protections. Since referring the bill to committee before second reading, we have heard many stakeholders call for the strengthening of protections for information shared under the Security of Canada Information Sharing Act, and we introduced rigorous new standards. The amended bill specifies that the receiver of information would be required to destroy or return any personal information that is not necessary for it to carry out its responsibilities related to national security.
I was personally proud to put forward an amendment that would formalize the relationship between the newly created national security and intelligence review agency and the Office of the Privacy Commissioner, which would ensure that the two agencies are not duplicating work. I was also proud to introduce an amendment that would require a ministerial authorization when CSE is collecting from foreign actors information that could inadvertently compromise a Canadian's privacy. I believe that these changes would help to get the mix right when it comes to ensuring Canadians' safety and security and preserving their rights.
Bill C-59 is a much-needed overhaul of our national security framework. The passage of this bill would mark the largest overhaul of our national security infrastructure since 1984, when CSIS was created. It is fair to say that we are at a critical turning point in how government approaches national security. That is why I am pleased that the government has introduced this bill, not only to add better protections for privacy but also to bring our framework up to speed with the realities of the 21st century. There is an urgent need to shed the old ways of doing business, integrate security efforts, and harness all the tools at our disposal to prevent and mitigate threats.
When Justice Noël released his decision last year on the Canadian Security Intelligence Service's retention of associated data, he laid bare the challenge for us as parliamentarians. To quote Justice Noël, “the CSIS Act is showing its age. World order is constantly in flux...and priorities and opinions change. Canada can only gain from weighing such important issues once again.”
With Bill C-59, the government is showing that it is up to the challenge. It recognized that the CSIS Act of 1984 may have been an appropriate response at the time it was written, but it is outdated given the realities of today's world. Today, the government has recognized that appropriate, responsible, and comprehensive legislation for the 21st century would mean altering that act substantially.
Bill C-59 makes changes in three key ways: by addressing the collection of datasets, by making important amendments to threat reduction measures under the act, and by addressing outdated legal authorities.
First, on data analytics, acquiring large volumes of information for analysis, when it is relevant to an agency's mandate, is an indispensable tool in intelligence work. However, data collection and analysis require a strong framework, and this bill provides that framework.
The bill lays out a legal authority for CSIS to collect, retain, and use datasets, and, to ensure transparency, provisions would include safeguards on its collection and use. For example, the personal information of Canadians that is not publicly available would require Federal Court authorization to retain. When it comes to foreign datasets, approval from the proposed new independent intelligence commissioner would be required. The new national security and intelligence review agency would have the authority to refer its findings to the Federal Court if it takes the view that CSIS has not acted lawfully when querying or exploiting datasets. I also introduced an amendment to Bill C-59 that was adopted at committee stage, ensuring that CSIS could retain the results of a query of a dataset in exigent circumstances to protect life or acquire intelligence vital to national security.
Bill C-59 would provide the accountability and transparency on dataset collection that is needed in the technological reality of today. It would modernize the CSIS Act, enhance judicial oversight where needed, and strengthen review and accountability. The bill also addresses the fact that today's threats are fast, complex, dynamic, highly connected, and mobile. CSIS can and does play a role in addressing these threats, often behind the scenes, but the original CSIS Act could never have imagined the threats we face today. As Justice Noël noted, that leaves security bodies in an unreasonably difficult situation when it comes to interpreting the law while continuing to protect Canadians' rights.
Bill C-59 would more clearly define the current threat reduction mandate of CSIS. It lays out what types of measures could be authorized by judicial warrants to ensure full compliance with the charter. CSIS would be required to seek a warrant for any threat reduction measure that would put a charter-protected right or freedom at risk. What is more, a warrant would only be issued if a judge is satisfied the measure specifically complies with the charter.
Bill C-59 would also establish in law an authorization regime for certain CSIS activities required to investigate the complex threats we face today. This would be modelled on the regime that already exists in the Criminal Code for law enforcement officers, adapted to the particular context of security intelligence investigations. It would ensure more transparent, lawful, and modernized authorities for CSIS that would ensure effective intelligence collection operations, and it would it ensure robust accountability by clearly articulating reporting and review requirements.
Accountability, transparency, and respect for rights are at the heart of these proposals. That is what Canadians said they wanted; the government listened and it acted. During the consultation process, Canadians repeatedly emphasized the need for enhanced accountability and transparency. The Security Intelligence Review Committee, CSIS's current review body, pressed for enhancements as well. The new national security review agency and intelligence commissioner would ensure the most robust oversight and scrutiny possible.
We heard, loud and clear, from many witnesses and members of the public that protecting privacy and safeguarding human rights were missing under the Harper Conservatives' BillC-51. With Bill C-59 further strengthened by amendments made at committee, I am confident that Canadians' privacy rights would be reinforced alongside the strengthening of our national security. Bill C-59 is a comprehensive and visionary plan for Canada in today's world. It is my hope that colleagues will join me in supporting Bill C-59.
View Garnett Genuis Profile
CPC (AB)
Mr. Speaker, before I get into the substantive remarks, I want to respond to an interesting comment made by my friend from Hull—Aylmer, who was asking in a question about actions taken by the previous government. There were many provisions in BillC-51 that were aimed at making Canadians safer. However, one thing I do not think has come up yet in the debate was a specific proposal that the Conservative Party put forward in the last election to make it illegal to travel to specific regions. There were certain exceptions built into the legislation, travel for humanitarian purposes, and for journalistic purposes perhaps. That was a good proposal, because when people are planning to travel to Daesh-controlled areas in Syria and Iraq, outside of certain very clearly defined objectives, it is fairly obvious what the person is going there to do. This was another proposal that we had put forward, one that the government has not chosen to take us up on, that I think eminently made sense. It would have given prosecutors and law enforcement another tool. Hopefully, that satisfies my friend from Hull—Aylmer, and maybe he will have further comments on that.
Substantively on Bill C-59, it is a bill that deals with the framework for ensuring Canadians' security, and it would make changes to a previous piece of legislation from the previous Parliament, BillC-51. There are a number of different measures in it. I would not call it an omnibus bill. I know Liberals are allergic to that word, so I will not say it is an omnibus bill. I will instead say that it makes a number of disparate changes to different parts of the act. I am going to go through some of those changes as time allows, and talk about some of the questions that are raised by each one. Certainly some of those changes are ones that we in the Conservative Party do not support. We are concerned about those changes making us less safe.
Before I go on to the particular provisions of the bill, I want to set the stage for the kinds of discussions we are having in this Parliament around safety and security. We take the position, quite firmly, that the first role of government is to keep people safe. Everything else is contingent on that. If people are not safe, all of the other things that a government does fall secondary to that. They are ultimately less important to people who feel that their basic security is not preserved. Certainly it is good for us to see consensus, as much as possible in this House, on provisions that would genuinely improve people's safety. Canadians want us to do it, and they want us to work together to realistically, in a thoughtful and hard-headed way, confront the threats that are in front of us.
We should not be naive about the threats we face, simply because any one of us individually has not interacted with a terrorist threat, although many people who were part of the previous Parliament obviously have interacted directly with a terrorist threat, given the attack that occurred on Parliament Hill. In any event, just because there are many threats that we do not see or directly experience ourselves, it does not mean they are not there. Certainly we know our law enforcement agencies are actively engaged in monitoring and countering threats, and doing everything they can to protect us. We need to be aware that those threats are out there. They are under the surface, but they are having an impact. There is a greater potential impact on our lives that is prevented if we give our security agencies and our law enforcement the tools that they need.
Many of these threats are things that people are aware of. There is the issue of radicalization and terrorism that is the result of a world in which the flow of information is much more across borders than it used to be. Governments can, to some extent, control the entry of people into their space, but they cannot nearly as effectively control the ideas of radicalization that come easily across borders and that influence people's perceptions. People can be radicalized even if they have never had any physical face-to-face interactions with people who hold those radical views. These things can happen over the Internet much more easily today than they did in the past. They do not require the face-to-face contact that was probably necessary in the past for the dissemination of extreme ideas. People living in a free western society can develop romanticized notions about extremism. This is a challenge that can affect many different people, those who are new to Canada, as well as people whose families have been here for generations.
This growing risk of radicalization has a genuine impact, and it is something that we need to be sensitive to. Of course, there are different forms of radicalization. There is radicalization advanced by groups like Daesh. We also need to aware of threats that are posed from extreme racist groups that may advocate targeting minorities, for instance, the shooting we saw at the mosque in Quebec City, or the attack that just happened at a mosque in Edson. These come out of extreme ideas that should be viewed as terrorism as well. Therefore, there are different kinds of threats that we see from different directions as the result of a radicalization that no longer requires a face-to-face interaction. These are real, growing, emergent threats.
There is also the need for us to be vigilant about threats from foreign governments. More and more, we are seeing a world in which foreign authoritarian governments are trying to project power beyond their borders. They are trying to influence our democratic system by putting messages out there that may create confusion, disinformation, and there may be active interference within our democratic system. There is the threat from radical non-state actors, but there are also threats from state actors, who certainly have malicious intent and want to influence the direction of our society, or may attack us directly, and want to do these sorts of things to their advantage. In the interest of protecting Canadians, we need to be aware and vigilant about these threats. We need to be serious about how we respond to them.
As much as we seek consensus in our discussion of these issues, we sometimes hear from other parties, when we raise these real and legitimate concerns, the accusation that this is spreading fear. We should not talk in these sorts of stark terms about threats that we face, as that is creating fear. The accusation is that it also creates division, because the suggestion that there might be people out there with radical ideas divides us. However, I think there is a difference between fear and prudence. We need to know that difference as legislators, and we need to be prudent without being fearful.
Fear, I think, implies an irrational, particularly an emotional response to threats that would have us freeze up, worry incessantly, stop going about our normal activities, or maybe even lead to the demonization of other people who someone might see as a threat. These are all things that could well be manifestations of fear, which is not good, obviously. However, prudence is something quite different. Prudence is to be aware of threats in a clear-headed, factual, realistic way. It is to say that thoughtfully, intellectually, reasonably, we need to do everything we can to protect ourselves, recognizing that if we fail to be prudent, if we do not take these rational, clear-headed steps to give our law enforcement agencies the tools they need to protect us from real risks that exist, then we are more liable to violence and terrorism. Also, obviously from that flows a greater risk of people being seized with that kind of emotional fearful response.
It is our job as legislators to encourage prudence, and to be prudent in policy-making. Therefore, when we raise concerns about security threats that we face, illegal border crossings, radicalization, and Daesh fighters returning to Canada, it is not because we are advocating for a fearful response, but rather we are advocating for a prudent response. Sometimes that distinction is lost on the government, because it is often typical of a Liberal world view to, perhaps with the best of intentions, imagine the world to be a safer place than it is.
Conservatives desire a better world, but we also look at the present world realistically. Sometimes one of the problems with Liberals is that they imagine the world to already be the way they would like it to be. The only way we get to a better, safer world, on many fronts, is by looking clearly at the challenges we face, and then, through that, seeking to overcome them.
It was variously attributed to Disraeli, Thatcher, or Churchill, but the line “the facts of life are conservative” is one that sticks out to me when we talk about having a prudent, clear-sighted approach to the threats we face. My colleague, the member for Thornhill, may correct me on who originally said that. Disraeli lived first, so we will say it was probably him.
Now, having set the framework through which we view, and I think we ought to view this bill, I want to speak specifically to a number of the changes that have been put forward. One of points we often hear from the government is about changes it has made with respect to the issue of torture. An amendment was proposed at committee. I understand that this was not part of the original bill, but came through in an amendment. It restates Canada's position that torture is obviously not acceptable. There is no disagreement in this House about the issue of torture. Obviously, we all agree that torture is unacceptable. Some of the aspects of this amendment, which effectively puts into law something that was already in a ministerial directive, is obviously not a substantial change in terms of changing the place or the mechanism by which something is recognized that was already in place.
Of course, when it comes to torture, it is a great opportunity for people in philosophy classrooms to debate, theoretically, what happens if there is information that could save lives that could be gained that way. However, the reality is the evidence demonstrates that torture not only is immoral, but is not effective at gathering information. A commitment to effectiveness, to giving our law enforcement agencies all the tools that are necessary and effective, while also opposing torture, are actually quite consistent with each other. I do not think there is anything substantively new with respect to those provisions that we are seeing from the government.
It is important to be clear about that. There are areas on which we agree; there are areas on which we disagree. However, there are areas on which we agree, and we can identify that clearly.
There are some other areas. In the beginning, the bill introduces a new national security and intelligence review agency. There is a new administrative cost with this new administrative agency. One of the questions we have is where that money is going to come from. The government is not proposing corresponding increases to the overall investment in our security agencies.
If a new administrative apparatus is added, with administrative costs associated with it, obviously that money has to come from somewhere. Likely it is a matter of internal reallocation, which effectively means a fairly substantial cut to the operational front-line activities of our security agencies. If that is not the case, I would love to hear the government explain how it is not, and where the money is coming from. It seems fairly evident that when something is introduced, the cost of which is about $97 million over five years, and that is an administrative cost, again that money has to come from somewhere. With the emergence and proliferation of threats, I know Canadians would not like to see what may effectively amount to a cut to front-line delivery in terms of services. That is clearly a concern that Canadians have.
Part 2 deals with the intelligence commissioner, and the Liberals rejected expedited timing requirements on the commissioner's office. This effectively means that security operations may be delayed because the commissioner is working through the information. There are some technical aspects to the bill, certainly that we have raised concerns about, and we will continue to raise concerns about them. We want to try to make sure that our security agencies, as my colleagues have talked about, have all the tools they need to do their job very effectively.
Now, this is something that stuck out to me. There are restrictions in part 3 to security and intelligence agencies being able to access already publicly available data.
Effectively, this bill has put in place restrictions on accessing that data, which is already publicly available. If security agencies have to go through additional hoops to access information that is already on Facebook or Twitter, it is not clear to me why we would put those additional burdens in place and what positive purpose those additional restrictions would achieve. That is yet another issue with respect to the practical working out of the bill.
Given the political context of some of these changes, one wonders why the government is doing this. It is because the Liberals put themselves in a political pickle. They supported, and voted for, BillC-51. The current Prime Minister, as a member of the then third party, voted in favour of that legislation. However, the Liberals then wanted to position themselves differently on it, and so they said they were going to change aspects of it when they got into government. Some of those changes serve no discernible purpose, and yet they raise additional questions regarding the restrictions they would put on our law enforcement agencies' ability to operate effectively and efficiently.
Part 4 of the proposed legislation puts additional restrictions on interdepartmental information-sharing. Members have spoken about this extensively in the debate, but there are important points to underline here.
The biggest act of terrorism in our country's history, the Air India bombing, was determined to have been preventable by the Air India inquiry. The issue was that one agency was keeping information from another agency that could have prevented the bombing. Certainly, if information is already in the hands of government, it makes sense to give our agencies the tools to share that information. It seems fairly obvious that people should be able to share that information. It is clearly in the national interest. If it can save lives to transfer information effectively from one department to another with regard to files about individuals who may present a security threat, and if CSIS already has that information and is going to share it with the RCMP, I think all Canadians would say that makes sense. However, Bill C-59 would impose additional restrictions on that sharing of information.
Through taking a hard-headed look at the threats we face and the need to combat them, parliamentarians should be concerned about those particular provisions in this bill.
Another issue raised in this bill is that of threat disruption. Should security agencies be able to undertake actions that disrupt a security threat? Previously, under BillC-51, actions could be taken to disrupt threats without a warrant if those actions were within the law. If there was a need to do something that would normally be outside of the law, then a warrant would be required, but if it was something ordinarily within the remit of the law, then agencies could proceed with it. It could be something like talking to the parents of a potential terrorist traveller, and alerting them to what was going on in the life of their child, or being present in an online chatroom to try to counter a radicalizing message. These things are presently legal under Bill C-51.
However, under Bill C-59, there would be a much higher standard with respect to the activities that would require a warrant, which include disseminating any information, record, or document. It seems to me that something as simple as putting a security agent in an online chatroom to move the conversation in a particular direction through the dissemination of information would require a warrant, which can create challenges if one wants to engage in an organic conversation so as to counter messages in real time.
All of us in the House believe in the need for parameters and rules around this, but BillC-51 established parameters that allowed for intervention by law enforcement agencies where necessary. It did keep us safe, and unfortunately Bill C-59 would make this more difficult and muddies the waters. That is why we oppose it.
View Randall Garrison Profile
NDP (BC)
Madam Speaker, I rise tonight to speak against Bill C-59 at third reading. Unfortunately, it is yet another example of the Liberals breaking an election promise, only this time it is disguised as promise keeping.
In the climate of fear after the attacks on Parliament Hill and in St. Jean in 2014, the Conservative government brought forward BillC-51. I heard a speech a little earlier from the member for Bellechasse—Les Etchemins—Lévis, and he remembers things slightly different than I. The difference is that I was in the public safety committee and he, as the minister, was not there. He said that there was a great clamour for new laws to meet this challenge of terrorism. I certainly did not hear that in committee. What I heard repeatedly from law enforcement and security officials coming before us was that they had not been given enough resources to do the basic enforcement work they needed to do to keep Canadians safe from terrorism.
However, when the Conservatives finally managed to pass their Anti-terrorism Act, they somehow managed to infringe our civil liberties without making us any safer.
At that time, the New Democrats remained firm in our conviction that it would be a mistake to sacrifice our freedoms in the name of defending them. BillC-51 was supported by the Liberals, who hedged their bets with a promise to fix what they called “its problematic elements” later if they were elected. Once they were elected in 2015, that determination to fix Bill C-51 seemed to wane. That is why in September of 2016, I introduced BillC-303, a private member's bill to repeal Bill C-51 in its entirety.
Some in the House at that time questioned why I introduced a private member's bill since I knew it would not come forward for a vote. In fact, this was an attempt to get the debate started, as the Liberals had already kept the public waiting for a year at that point. The New Democrats were saying, “You promised a bill. Well, here's our bill. It's very simple. Repeal all of C-51.”
Now, after more than two years and extensive consultations, we have this version of Bill C-59 before us, which does not repeal BillC-51 and fails to fix most of the major problems of Bill C-51, it actually introduces new threats to our privacy and rights.
Let me start with the things that were described, even by the Liberals, as problematic, and remain unfixed in Bill C-59 as it stands before us.
First, there is the definition of “national security” in the Anti-terrorism Act that remains all too broad, despite some improvements in Bill C-59. Bill C-59 does narrow the definition of criminal terrorism speech, which BillC-51 defined as “knowingly advocates or promotes the commission of terrorism offences in general”. That is a problematic definition. Bill C-59 changes the Criminal Code wording to “counsels another person to commit a terrorism offence”. Certainly, that better captures the problem we are trying to get at in the Criminal Code. There is plenty of existing case law around what qualifies as counselling someone to commit an offence. Therefore, that is much better than it was.
Then the government went on to add a clause that purports to protect advocacy and protest from being captured in the Anti-terrorism Act. However, that statement is qualified with an addition that says it will be protected unless the dissent and advocacy are carried out in conjunction with activities that undermine the security of Canada. It completes the circle. It takes us right back to that general definition.
The only broad definition of national security specifically in BillC-51 included threats to critical infrastructure. Therefore, this still raises the spectre of the current government or any other government using national security powers against protesters against things like the pipeline formerly known as Kinder Morgan.
The second problem Bill C-59 fails to fix is that of the broad data collection information sharing authorized by BillC-51, and in fact maintained in Bill C-59. This continues to threaten Canadians' basic privacy rights. Information and privacy commissioners continue to point out that the basis of our privacy law is that information can only be used for the purposes for which it is collected. Bill C-51 and Bill C-59 drive a big wedge in that important protection of our privacy rights.
Bill C-51 allowed sharing information between agencies and with foreign governments about national security under this new broad definition which I just talked about. Therefore, it is not just about terrorism and violence, but a much broader range of things the government could collect and share information on. Most critics would say Bill C-59, while it has tweaked these provisions, has not actually fixed them, and changing the terminology from “information sharing” to “information disclosure” is more akin to a sleight of hand than an actual reform of its provisions.
The third problem that remains are those powers that BillC-51 granted to CSIS to act in secret to counter threats. This new proactive power granted to CSIS by Bill C-51 is especially troubling precisely because CSIS activities are secret and sometimes include the right to break the law. Once again, what we have done is returned to the very origins of CSIS. In other words, when the RCMP was both the investigatory and the enforcement agency, we ran into problems in the area of national security, so CSIS was created. Therefore, what we have done is return right back to that problematic situation of the 1970s, only this time it is CSIS that will be doing the investigating and then actively or proactively countering those threats. We have recreated a problem that CSIS was supposed to solve.
Bill C-59 also maintains the overly narrow list of prohibitions that are placed on those CSIS activities. CSIS can do pretty much anything short of committing bodily harm, murder, or the perversion of the course of democracy or justice. However, it is still problematic that neither justice nor democracy are actually defined in the act. Therefore, this would give CSIS powers that I would argue are fundamentally incompatible with a free and democratic society.
The Liberal change would require that those activities must be consistent with the Charter of Rights and Freedoms. That sounds good on its face, except that these activities are exempt from scrutiny because they are secret. Who decides whether they might potentially violate the charter of rights? It is not a judge, because this is not oversight. There is no oversight here. This is the government deciding whether it should go to the judge and request oversight. Therefore, if the government does not think it is a violation of the charter of rights, it goes ahead and authorizes the CSIS activities. Again, this is a fundamental problem in a democracy.
The fourth problem is that Bill C-59 still fails to include an absolute prohibition on the use of information derived from torture. The member for Sherwood Park—Fort Saskatchewan made some eloquent statements on this with which I agree. What we have is the government saying that now it has included a cabinet directive on torture in Bill C-59, which gives the cabinet directive to force of law. The cabinet directive already has the force of law, so it absolutely changes nothing about this.
However, even worse, there is no absolute prohibition in that cabinet directive on the use of torture-implicated information. Instead, the prohibition says that information from torture can be used in some circumstances, and then it sets a very low threshold for when we can actually use information derived from fundamental rights violations. Not only is this morally repugnant, most likely unconstitutional, but it also gives us information that is notoriously unreliable. People who are being tortured will say precisely what they think the torturer wants them to say to stop the torture.
Finally, Bill C-59 would not do one of the things it could have done, and that is create a review agency for the CBSA. The CBSA remains without an independent review and complaints mechanism. It is one of our only law enforcement or security agencies that has no direct review agency. Yes, the new national security intelligence review agency will have some responsibility over the CBSA, but only in terms of national security questions, not in terms of its basic day-to-day operations.
We have seen quite often that the activities carried out by border agencies have a major impact on fundamental rights of people. We can look at the United States right now and see what its border agency is doing in the separation of parents and children. Therefore, it is a concern that there is no place in Canada, if we have a complaint about what CBSA has done, to file that complaint except in a court of law, which requires information, resources, and all kinds of other things that are unlikely to be available to those people who need to make those complaints.
The Liberals will tell us that there are some areas where they have already acted outside of Bill C-59, and we have just heard the member for Winnipeg North talk about BillC-22, which established the national security review committee of parliamentarians.
The New Democrats feel that this is a worthwhile first step toward fixing some of the long-standing weaknesses in our national security arrangements, but it is still only a review agency, still only an agency making recommendations. It is not an oversight agency that makes decisions in real time about what can be done and make binding orders about what changes have to be made.
The government rejected New Democrat amendments on the bill, amendments which would have allowed the committee to be more independent from the government. It would have allowed it to be more transparent in its public reporting and would have given it better integration with existing review bodies.
The other area the Liberals claim they have already acted on is the no-fly list. It was interesting that the minister today in his speech, opening the third reading debate, claimed that the government was on its way to fixing the no-fly list, not that it had actually fixed the no-fly list. Canada still lacks an effective redress system for travellers unintentionally flagged on the no-fly list. I have quite often heard members on the government side say that no one is denied boarding as a result of this. I could give them the names of people who have been denied boarding. It has disrupted their business activities. It has disrupted things like family reunions. All too often we end up with kids on the no-fly list. Their names happen to be Muslim-sounding or Arabic-sounding or whatever presumptions people make and they names happen to be somewhat like someone else already on the list.
The group of no-fly list kids' parents have been demanding that we get some effective measures in place right away to stop the constant harassment they face for no reason at all. The fact that we still have not fixed this problem raises real questions about charter right guarantees of equality, which are supposed to be protected by law in our country.
Not only does Bill C-59 fail to correct the problems in BillC-51, it goes on to create two new threats to fundamental rights and freedoms of Canadians, once again, without any evidence that these measures will make it safer.
Bill C-59 proposes to immediately expand the Communications Security Establishment Canada's mandate beyond just information gathering, and it creates an opportunity for CSE to collect information on Canadians which would normally be prohibited.
Just like we are giving CSIS the ability to not just collect information but to respond to threats, now we are saying that the Communications Security Establishment Canada should not just collect information, but it should be able to conduct what the government calls defensive cyber operations and active cyber operations.
Bill C-59 provides an overly broad list of purposes and targets for these active cyber operations. It says that activities could be carried out to “degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.” Imagine anything that is not covered there. That is about as broad as the provision could be written.
CSE would also be allowed to do “anything that is reasonably necessary to maintain the covert nature of the activity.” Let us think about that when it comes to oversight and review of its activities. In my mind that is an invitation for it to obscure or withhold information from review agencies.
These new CSE powers are being expanded without adequate oversight. Once again, there is no independent oversight, only “after the fact” review. To proceed in this case, it does not require a warrant from a court, but only permission from the Minister of National Defence, if the activities are to be domestic based, or from the Minister of Foreign Affairs, if the activities are to be conducted abroad.
These new, active, proactive measures to combat a whole list and series of threats is one problem. The other is while Bill C-59 says that there is a still a prohibition on the Canadian Security Establishment collecting information on Canadians, we should allow for what it calls “incidental” acquisition of information relating to Canadians or persons in Canada. This means that in situations where the information was not deliberately sought, a person's private data could still be captured by CSE and retained and used. The problem remains that this incidental collecting, which is called research by the government and mass surveillance by its critics, remains very much a part of Bill C-59.
Both of these new powers are a bit disturbing, when the Liberal promise was to fix the problematic provisions in BillC-51, not add to them. The changes introduced for Bill C-51 in itself are minor. The member for Sherwood Park—Fort Saskatchewan talked about the changes not being particularly effective. I have to agree with him. I do not think they were designed to be effective. They are unlikely to head off the constitutional challenges to Bill C-51 already in place by organizations such as the Canadian Civil Liberties Association. Those constitutional challenges will proceed, and I believe that they will succeed.
What works best in terrorism cases? Again, when I was the New Democrats' public safety critic sitting on the public safety committee when BillC-51 had its hearings, we heard literally dozens and dozens of witnesses who almost all said the same thing: it is old-fashioned police work on the front line that solves or prevents terrorism. For that, we need resources, and we need to focus the resources on enforcement activities at the front end.
What did we see from the Conservatives when they were in power? There were actual cutbacks in the budgets of the RCMP, the CBSA, and CSIS. The whole time they were in power and they were worried about terrorism, they were denying the basic resources that were needed.
What have the Liberals done since they came back to power? They have actually added some resources to all of those agencies, but not for the terrorism investigation and enforcement activities. They have added them for all kinds of other things they are interested in but not the areas that would actually make a difference.
We have heard quite often in this House, and we have heard some of it again in this debate, that what we are talking about is the need to balance or trade off rights against security. New Democrats have argued very consistently, in the previous Parliament and in this Parliament, that there is no need to trade our rights for security. The need to balance is a false need. Why would we give up our rights and argue that in doing so, we are actually protecting them? This is not logical. In fact, it is the responsibility of our government to provide both protection of our fundamental rights and protection against threats.
The Liberals again will tell us that the promise is kept. What I am here to tell members is that I do not see it in this bill. I see a lot of attempts to confuse and hide what they are really doing, which is to hide the fundamental support they still have for what was the essence of BillC-51. That was to restrict the rights and freedoms of Canadians in the name of national security. The New Democrats reject that false game. Therefore, we will be voting against this bill at third reading.
View 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 Robert-Falcon Ouellette Profile
Lib. (MB)
View Robert-Falcon Ouellette Profile
2018-06-07 13:02 [p.20434]
Mr. Speaker,
[Member spoke in Cree]
I am very pleased to have this opportunity to speak to this historic piece of legislation. The people of Winnipeg Centre were very concerned before the last election in 2015 about the manoeuvres of the Harper government with BillC-51 and all of the things that it did to undermine our national security. We are committed to keeping Canadians safe while safeguarding rights and freedoms. After the largest and most transparent public consultation process on national security in our country's history—there were 58,933 online submissions, 17,862 email submissions, and more than 20 in-person events—I am very proud to see that our government has introduced this national security act in 2017 to undo and repair the damage done by the Harper Conservatives with Bill C-51.
I would like to thank the committee for its diligence in bringing forth amendments recommended by stakeholders, which have truly strengthened this bill. A collaborative approach was certainly our major intent when the government took the rare step of referring the bill to committee prior to second reading. I believe we need to thank the Privacy Commissioner, the chair of the Security Intelligence Review Committee, and individuals like Professors Craig Forcese and Kent Roach for their helpful testimony before the committee, which helped to ensure that the bill is the best and as sound as it could be.
Indeed, it is thanks to these many months of close scrutiny that we now have a new component of the bill, the avoiding complicity and mistreatment by foreign entities act. To be clear on this point, Canada unequivocally condemns in the strongest possible terms the torture or other mistreatment of any individual by anyone for any purpose. It is contrary to the charter, the Criminal Code, and Canada's international treaty obligations, and Canadians will never condone it. As members know, directions were issued to clarify decisions on the exchange of information with a foreign entity that, with public safety as the objective, could have the unintended consequence of Canada's contributing to mistreatment. As a former member of the Canadian Armed Forces, I feel it should always be foremost in our mind that these things can sometimes occur. Thanks to the committee's work on this bill, the new amendment would enshrine in law a requirement that directions be issued on these matters. They would be public, they would be reported on annually, and they would strengthen transparency and accountability.
I would also like to thank the committee and all those who testified for their important scrutiny of the privacy-related aspects of Bill C-59, particularly as they relates to the Security of Canada Information Sharing Act. Importantly, amendments would now cause institutions receiving information under the information sharing act to destroy or return any personal information received that does not meet the threshold of necessity. These are both welcome changes.
As a result of many months of close scrutiny, we have legislation that will ensure that privacy interests are upheld, clarify the powers of our security agencies, and further strengthen transparency and accountability beyond our initial proposals. This is important. It does not mean that legislation is forced upon people, but that we can actually ensure that legislation is strengthened through the work of this House in a collaborative process, which is a significant change from four years ago. These proposals, of course, also reflect the tens of thousands of views we heard from the remarkable engagements we had with Canadians from coast to coast to coast online and in person.
As I have noted, we followed up on our commitment to continue that engagement in Parliament. In sending the bill to committee before second reading, we wanted to ensure that this legislation is truly reflective of the open and transparent process that led to Bill C-59's creation. The bill is stronger because of the more than 40 amendments adopted by committee that reflect the important stakeholder feedback.
As we begin second reading, allow me to underline some of the bill's key proposals. Bill C-59 would strengthen accountability through the creation of a new comprehensive national review body, the national security intelligence review agency. This is a historic change for Canada. For the very first time, it would enable comprehensive and integrated scrutiny of all national security and intelligence activities across government, a whole-of-government approach. I should note that Justice O'Connor can be thanked for the first detailed blueprint of such a review system nearly a decade ago, and that this recommendation has been echoed by Senate committees and experts alike.
The government has taken these commitments even further. The creation of a new agency would mean ending a siloed approach to national security review through a single arm's-length body with a government-wide mandate. It would complement the work of the new National Security and Intelligence Committee of Parliamentarians, the multi-party review committee with unprecedented access to information that would put us in line with our Five Eyes partners and what other nations do around the world.
Through our new measures, Canadians will have confidence that Canada's national security agencies are complying with the law and that their actions are reasonable and necessary. The establishment of an intelligence commissioner would further build on that public confidence. The commissioner would be a new, independent authority helping to ensure that the powers of the security intelligence community are used appropriately and with care.
I was pleased to hear that the committee passed an amendment that would require the commissioner to publish an annual report that would describe his or her activities and include helpful statistics. Indeed, all of these measures complement other significant new supports that would promote Canadians' understanding of the government's national security activities.
These include adopting a national security transparency commitment across government to enable easier access to information on national security, with implementation to be informed by a new advisory group on transparency. Transparency and accountability are crucial for well-informed public debate, and we need them now after a decade of darkness under the Conservatives. Indeed, they function as a check on the power of the executive branch. As members of the legislative branch, it is our job to hold the executive branch to account. They also empower Canadians to hold their government to account.
I am confident the proposals that have been introduced in the form of Bill C-59 would change the public narrative on national security and place Canadians where they should be in the conversation, at its very heart, at its very centre, at the heart of Canada, like Winnipeg-Centre is the heart of Canada.
We also heard loud and clear that keeping Canadians safe must not come at the expense of our rights and freedoms, and that previous efforts to modernize our security framework fell short in that regard. Indeed, Canadians told us they place great value in our constitutionally protected rights and freedoms. These include the right to peaceful protest, freedom of expression, and freedom of association. They also told us that there is no place for vague language when it comes to the powers of our security bodies or the definitions that guide their actions.
Once again, because we took the time to listen to Canadians in the largest public safety consultations ever held in Canadian history, and talked to stakeholders and to parliamentarians, we can now act faithfully based on the input we received. First, we all understand that bodies like CSIS take measures to reduce national security threats to Canada. Our proposals clarify the regime under which CSIS undertakes these measures, they better define its scope, and they add a range of new safeguards that will ensure that CSIS's actions comply with our charter rights.
However, to be clear, the amendments in Bill C-59 have not diluted the authority CSIS would have to act, but rather have clarified that authority. For example, the bill would ensure that CSIS has the ability to query a dataset in certain exigent circumstances, such as when lives or national security are at stake. Even then, there are balances in place in the bill that would mean that these authorities would require the advance approval of the intelligence commissioner.
The amendments by the committee would also strengthen key definitions. For example, they would clarify terms like “terrorist propaganda” and key activities like “digital intelligence collection”. All of these changes are long overdue and are of critical importance to this country.
National security matters to Canadians. We measure our society by our ability to live free of fear, day after day, with opportunities to thrive guided by the principles of openness, equality, and fairness for all. However, Canadians are not naive about the context in which we find ourselves today in a changing environment and a changing threat landscape.
It is incumbent upon us as parliamentarians to be vigilant, proactive, and thorough in making sure that our national security framework is working for all Canadians. That means making sure that the agencies protecting us have the resources and powers they need to do so. It also means making sure that we listen to Canadians, and making them a partner in our society and security. It also means building on the values that help to make our country safe, rather than taking away from them, and understanding that a free and open society enhances our collective resilience.
On all fronts, Bill C-59 is not just a step in the right direction, but a giant leap forward for Canada. I proudly stand behind this legislation. Once again, I would like to thank all members of the committee who have done important work.
[Member spoke in Cree]
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 Sean Fraser Profile
Lib. (NS)
View Sean Fraser Profile
2018-06-07 18:50 [p.20485]
Mr. Speaker, while I have tremendous respect for my colleague opposite, I was deeply troubled by some of the commentary that ran throughout his speech, particularly the commentary about social justice and civil liberties being no more than simply virtue signalling. Human rights, civil liberties, and social justice are fundamental principles are important to me. They underpin what it means to live in a free and democratic Canada.
The fact is that a civil liberties bill could also be a national security bill at the same time and this concept of having to balance one against the other is so deeply troubling to me. With terms as heavy as national security and terrorism, it is easy to sweep human rights under the rug, and that is not the Canada in which I want to live.
I would like to focus on one comment that my colleague mentioned about information sharing. Have we learned nothing from the Arar inquiry? Is it not essential to ensure that if this information is going to be shared, it is, at a bare minimum, reliable so we do not repeat our mistakes of the past and have innocent Canadian citizens tortured?
View Glen Motz Profile
CPC (AB)
Mr. Speaker, I have the same sentiments of respect for my colleague's skill sets and what he brings to the House. I would agree that it is very possible to have a national security bill that balances the rights and freedoms of Canadians with the need to protect national security and public safety. However, Bill C-59 would not do that in the way it should.
I would contend that although some would suggest we have maybe swung the pendulum the other way, national security experts at committee, the rare few we were able to get to committee and were approved by the current government, suggested the current structure being proposed in Bill C-59 would do more harm to the information sharing my friend suggested, that we would be going backward from where we were, and that there was more of a likelihood of siloing of information protection between government agencies. We had the former director of CSIS tell us that his concern with Bill C-59 was that we had the perfect storm, potentially. He feared that one government agency would know of an imminent threat and would not be able to tell another government agency to protect us from it, and that was the potential with Bill C-59. That is alarming.
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.
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