Bill C-51 (41st Canadian Parliament, 2nd Session)

Not to be confused with the with 2008 amendment to the Food and Drugs Act.
Anti-terrorism Act, 2015
An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts
Citation Anti-terrorism Act, 2015
Enacted by Parliament of Canada
Legislative history
First reading January 30, 2015[1]
Second reading February 23, 2015[1]
Status: Pending

Bill C-51, with the short title of Anti-terrorism Act, 2015, is proposed legislation to amend over a dozen Canadian laws, including the Criminal Code,[2] to permit Canadian government agencies to share information about individuals with ease, and broadens the mandate of the Canadian Security Intelligence Service (CSIS).[3] It is the first comprehensive reform of this kind since 2001.[4] The bill was introduced by the Conservative Party, who currently have a majority in parliament. It is supported by the Liberal Party,[5] and opposed by the official opposition, the New Democratic Party (NDP), who have also filibustered parliament in order to increase the time allocated to expert witness testimony on the bill,[6] and the Green Party of Canada.

Background

“ I think it's obvious that the attacks in October were at least inspired by the insane vision of ISIL ... a genocidal terrorist organization that has explicitly, and on several occasions, said that it's targeting Canada. ”

—Jason Kenney, Defence Minister[7]

Between 2013 and 2014, there had been twelve threat-to-VIP incidents according to the RCMP.[8]

On October 20, 2014, Martin Couture-Rouleau deliberately rammed a car into a pair of Canadian Armed Forces soldiers in a shopping centre parking lot in Saint-Jean-sur-Richelieu, Quebec. The attack was linked to terrorism by government and police officials including in a statement by Prime Minister Stephen Harper.[9][10]

On October 22, 2014, a series of shootings occurred on Parliament Hill in Ottawa, conducted by Michael Zehaf-Bibeau, which left one Canadian soldier and one male suspect dead.[11] Prime Minister Stephen Harper labelled the shootings as a 'terrorist act', stating that “this will lead us to strengthen our resolve and redouble our efforts and those of our national security agencies to take all necessary steps to identify and counter threats and keep Canada safe here at home, just as it will lead us to strengthen our resolve and redouble our efforts to work with our allies around the world and fight against the terrorist organizations who brutalize those in other countries with a hope.”[12] After the incident security on Parliament Hill has been transferred to the RCMP.[8]

After these incidents, the Conservative government introduced multiple pieces of legislation that affect security, privacy and the power of policy agencies such as bills C-13, S-4, and C-44.[13]

On February 23, 2015, Bill C-51 passed the second reading in the House of Commons with a vote of 176-87.[14]

In order to supervise the proper construction of the bill, the Conservative government planned to allot three sessions to witness testimony. After an NDP filibuster, the number of testimonies expanded to nine.[15]

Summary

Part one enacts the Security of Canada Information Sharing Act, which authorizes the disclosure of information throughout and within the government of Canada regarding activities that “undermine” Canadian security.

Part two enacts the Secure Air Travel Act, which creates listing mechanisms and prohibitions for persons who may pose a threat to air transportation or who may travel abroad to commit terrorism offences.

Part three makes significant amendments to the Criminal Code including criminalization of the expression of ideas related to terrorism.

Part four expands the mandate of CSIS to operate both inside and outside of Canada (also in conjunction with Bill C-44) and to operate in a more active manner, as opposed to its previously passive information collection role, and also allows the agency to conduct illegal activities with judicial approval.

Part five relates to amendments to immigration security certificate legislation allowing, in part, the government to withhold information from the specially appointed, national security approved Special Advocates retained to represent a detained person in confidential and closed national security hearings.[16]

Objective

With an expanded mandate, CSIS would be granted the ability to "disrupt terror plots, make it easier for police to limit the movements of a suspect, expand no-fly list powers, crack down on terrorist propaganda, and remove barriers to sharing security-related information."[3]

Under the bill's changes, seventeen Canadian departments would be able to exchange information easily between each other, including tax information from the Canada Revenue Agency.[17]

Bill C-51 grants the Canadian government the ability to rightly intercede and stop "violent Islamic jihadi terrorists" inspired by the existence of the Islamic State of Iraq and the Levant.[16] Public Safety Minister Steven Blaney stated that the international jihadi movement has "declared war on Canada" and other countries around the world.[18] He further reassured that the new tactics granted to CSIS would only be used if there are resonable grounds to believe a particular activity constitutes a threat to the security of Canada.[18]

Support

Prime Minister Stephen Harper proposed the legislation, stating that the bill offered "considerable" oversight, and that it is a fallacy to suppose that "every time you protect Canadians, you take away their liberties."[14]

The Liberal Party supports the bill;[19][20] Liberal Party leader Justin Trudeau has said it offers "significant improvements that will keep Canadians safer," although he wants the bill to include more oversight and regular reviews. He's also suggested that his support is in part based on the upcoming election, and tactically avoiding the Conservative Party's "fear narrative."[17]

Criticism

Threat to civil rights

“ It is absolutely vital that terrorist threats be addressed through measures that are in keeping with international human rights obligations. ”

—Alex Neve, secretary general of Amnesty International Canada[21]

The Canadian arm of Amnesty International indicated that the anti-terrorism bill could be used to target environmental activists and aboriginal protesters, or any other form of protest without an official permit or court order.[22] An RCMP report names Greenpeace in language that would permit CSIS powers against them.[23]

Information sharing

Daniel Therrien, the appointed federal Privacy Commissioner,[24] suggests that the bill fails to protect the safety and privacy of Canadians, for it grants unprecedented and excessive powers to government departments and agencies.[25] His analysis indicates that Bill C-51 "opens the door to collecting, analyzing and potentially keeping forever the personal information of all Canadians," including every instant of "a person’s tax information and details about a person’s business and vacation travel." Ultimately, Therrien calls for significant changes and amends to Bill C-51, so that it respects privacy rights.[25]

Law professor Craig Forcese, suggests that the increase of information the bill permits would "create a new concept of information sharing that is so vast that it risks increasing the size of the haystack to such a magnitude that it becomes more difficult to find needles".[17]

Redundancy

Former British Columbia MP and cabinet minister Chuck Strahl says there is no need for greater oversight, and the existing five-member Security Intelligence Review Committee has done a good job to date.[26]

Vague "may commit" language

Bill C-51 extends CSIS the power to arrest people it suspects “may” commit terrorist acts, rather than ”will” commit terrorist acts, leaving the government free to decide what is and is not appropriate.[27]

Use of Islamophobia and fear tactics in the media

Lorne Dawson, a University of Waterloo sociology professor, stated that "CSIS is likely more interested in the kind of anti-immigrant, anti-Islam sentiment that has taken root in some parts of northern Europe."[28]

On March 4, 2015, the Conservative Party released a promotional graphic over Facebook featuring an al-Shabaab spokesperson threatening western shopping malls, naming West Edmonton Mall specifically. The post was judged to be "fear mongering".[29][30]

Response

Open letters from Canadians

One hundred law professors have written against the bill.[31]

The Mohawk Council of Kahnawà:ke sent an open letter against the bill writing: "We feel that Bill C-51, in its current state, could potentially and perhaps even predictably be used to future oppress our defense of our Aboriginal rights and Title."[32]

Public protest

Anti Bill C-51 rally in Calgary

After a successful post on the social media website Reddit, under the site's subsection /r/Canada, a group of online activists generated another subsection for the organization of protests across the country.[33][34] Within a few weeks, over 70,000 Canadians have spoken out against the bill.[31]

Through 'we.leadnow.ca', forty-five protests occurred across Canada on March 14, 2015, which organizers called a Day of Action.[35] The rally drew thousands of demonstrators across fifty-five Canadian cities.[36] NDP leader Thomas Mulcair joined demonstrators in Montreal in a march to Justin Trudeau's office, while Green Party leader Elizabeth May joined the rally in Toronto.[36]

Political response

“ The Prime Minister is telling Canadians they need to choose between their security and their rights — that safety and freedom are mutually exclusive. Instead of putting forward concrete measures to make Canadians safer and protect our freedoms, Conservatives have put politics over principle and introduced a bill that is sweeping, dangerously vague, and likely ineffective. ”

—Thomas Mulcair, Leader of the Official Opposition[37]

On January 30, 2015, during an interview on CTV's Question Period, B.C. Premier Christy Clark expressed opposition to the Bill.[38]

On February 4, 2015, the Communist Party of Canada began a campaign against Bill C-51 stating they "will do everything in our power to help defeat Bill C-51."[39] On March 4, 2015, the party publicly supported the cross-Canada Day of Action against Bill C-51.[40]

On February 17, 2015, Elizabeth May of the Green Party of Canada voiced that she has "a number of concerns with the proposed legislation and wants it scrapped entirely."[41]

On February 18, 2015, Thomas Mulcair of the NDP showcased his party's opposition to the bill. During Question Period in the Canadian House of Commons, Mulcair stated that Canadians "should not have to choose between security and their rights."[42]

On February 19, 2015, a joint statement was published and signed by four former prime ministers: Jean Chretien, Paul Martin, Joe Clark, and John Turner. Eighteen others signed the statement, including five former Supreme Court justices, seven former Liberal solicitors general and ministers of justice, three past members of the intelligence review committee, two former privacy commissioners and a retired RCMP watchdog.[43] The statement calls for stronger security oversight, as "serious human rights abuses can occur in the name of maintaining national security".[43]

On March 1, 2015, the Pirate Party of Canada provided a press release in opposition to the bill, calling for debate, criticism and discussion.[34] Among their criticisms, they believe that the bill is redundant as there are existent laws dealing with terrorist, and this proposal opens the potential for governmental abuse as it "will also allow the government to arrest and incarcerate any citizen based on subjective evidence, then have that evidence destroyed"[44]

On March 6, 2015, Daniel Therrien, the Privacy Commissioner of Canada, outlined that the power of Bill C-51 "are excessive and the privacy safeguards proposed are seriously deficient." He speaks to the potential of limitless powers within the 17 federal agencies that would be exist if this bill were to get passed.[45]

See also

References

  1. ↑ 1.0 1.1 "LEGISinfo - House Government Bill C-51 (41-2)". parl.gc.ca.
  2. ↑ Anti-terrorism Act, 2015 (proposed), 2015, c. 1-38
  3. ↑ 3.0 3.1 "Bill C-51 Could Be Used To Target Activists: Amnesty International". The Huffington Post.
  4. ↑ "Insecurity and Human Rights: Canada’s proposed national security laws fall short of international human rights requirements". amnesty.ca.
  5. ↑ Chris Hall (Feb 19, 2015). "Bill C-51: Political battle lines drawn over anti-terror bill as election nears". CBC News.
  6. ↑ Daniel Leblanc (Feb 26, 2015). "Conservatives agree to more scrutiny of anti-terror bill after NDP filibuster". The Globe and Mail.
  7. ↑ "Joe Oliver: National Security Becoming A Top Election Issue". The Huffington Post.
  8. ↑ 8.0 8.1 "Parliament Hill Security Incidents Few And Tame Before Oct. 22 Shooting". The Huffington Post.
  9. ↑ National Post Staff (October 21, 2014). "Saint-Jean-sur-Richelieu attack was ‘clearly linked to terrorist ideology,’ safety minister says - National Post". National Post.
  10. ↑ Ellis, Ralph (October 21, 2014). "Canada: Soldier attack suspect 'radicalized'". CNN.
  11. ↑ "Attack on Ottawa: PM Harper cites terrorist motive". The Globe and Mail.
  12. ↑ "Prime Minister labels shootings as ‘terrorist’ acts". The Globe and Mail.
  13. ↑ "Privacy, security and terrorism: Everything you need to know about Bill C-51". The Globe and Mail.
  14. ↑ 14.0 14.1 "Bill C-51: Anti-terror bill passes 2nd reading in House of Commons". cbc.ca. 23 February 2015.
  15. ↑ "Bill C-51: Maher Arar but no ex-PMs on committee's draft witness list". Yahoo News Canada. 3 March 2015.
  16. ↑ 16.0 16.1 Barry Cooper, National Post (4 March 2015). "Barry Cooper: Bill C-51 is rightly aimed at violent Islamic jihadi terrorists". National Post.
  17. ↑ 17.0 17.1 17.2 "Liberals Are Supporting Bill C-51 So Tories Can't Make 'Political Hay,' Trudeau Says". The Huffington Post.
  18. ↑ 18.0 18.1 "Bill C-51: Steven Blaney Says Concerns About Liberties Are 'Ridiculous'". The Huffington Post.
  19. ↑ "Liberal MPs seek changes to Bill C-51: “This is not a bill that we would have introduced”". Yahoo News Canada. 26 March 2015.
  20. ↑ "MP Wayne Easter defends Liberal support for Bill C-51". theguardian.pe.ca.
  21. ↑ http://www.amnesty.ca/news/news-releases/insecurity-and-human-rights-canada’s-proposed-national-security-laws-fall-short
  22. ↑ "Bill C-51 Could Be Used To Target Activists: Amnesty International". The Huffington Post.
  23. ↑ "The Government Can't Intimidate Activists By Calling Us "Extremists"". The Huffington Post.
  24. ↑ "Biography of Daniel Therrien - Privacy Commissioner of Canada". priv.gc.ca.
  25. ↑ 25.0 25.1 "Without big changes, Bill C-51 means big data". The Globe and Mail.
  26. ↑ "Chuck Strahl, Ex-Watchdog Chair: Existing Security Oversight Is Enough". The Huffington Post.
  27. ↑ "Bill C-51: ‘Where will the line be drawn?’". The Eyeopener.
  28. ↑ "CSIS Eyeing Threat Of Growing Anti-Islam Movement Online". The Huffington Post.
  29. ↑ "Conservative MP Disagrees With Party's West Edmonton Mall Post". The Huffington Post.
  30. ↑ "Tories Criticized Over 'Fear-Mongering' Facebook Post On Bill C-51, West Edmonton Mall Threat". The Huffington Post.
  31. ↑ 31.0 31.1 "Protests planned across the country against Canada’s anti-terror bill". News1130.
  32. ↑ "Bill C-51 'May Fail In Its Obligation To Protect' Canadians, First Nations Chief Warns". The Huffington Post.
  33. ↑ "I Am Planning Canada Wide Protests for C-51 and Need Your Help /r/Canada : canada". reddit.
  34. ↑ 34.0 34.1 Pirate Party C-51 Press Release
  35. ↑ "#StopC51 National Day of Action - we.leadnow". we.leadnow.
  36. ↑ 36.0 36.1 "Demonstrators across Canada protest Bill C-51". CTV News.
  37. ↑ "Tom Mulcair: It is crucial that anti-terrorism measures do not erode fundamental freedoms". National Post.
  38. ↑ "Christy Clark says we could 'regret' giving away personal freedoms in Bill C-51". CTVNews.
  39. ↑ "Tell Parliament: Stop Bill C-51". communist-party.ca.
  40. ↑ "CPC supports Cross-Canada Day of Action on Bill C-51". communist-party.ca.
  41. ↑ "Anti-terrorism bill's powers could ensnare protesters, MP fears". cbc.ca. 18 February 2015.
  42. ↑ "Why Tom Mulcair’s NDP finally opposed terror bill: Walkom". thestar.com. 18 February 2015.
  43. ↑ 43.0 43.1 "Bill C-51: 4 Former PMs Call For Better Intelligence Accountability". The Huffington Post.
  44. ↑ Bill C-51 Secret Court Appeals §16(6)
  45. ↑ "Without big changes, Bill C-51 means big data". theglobeandmail.com. 6 March 2015.