by John Weston Few persons have had the opportunities I’ve had to stand up for constitutional rights in our country. I’ve fought for minority Aboriginal rights in our courts; I’ve championed equality rights, in creating the Canadian Constitution Foundation. As an MP, I’ve travelled on human rights missions to Iraq and Afghanistan and I’ve assisted Canadians who were detained abroad.
I understand the tension between guaranteeing the security of our people while promoting constitutional freedoms. Most Canadians share the basic values implicit in that tension. Armed jihadists have declared war against Canada and the freedoms we treasure. Agencies such as Canadian Security Intelligence Service (CSIS) protect our freedoms—but CSIS’s ability to act has hardly been changed since its founding in 1984. Our protective agencies need 21st century tools to perform their work to keep us safe.
I offer the following questions and answers relating to Bill C-51.
Some have said that C-51 is not effective. Can you give me some tangible examples of exactly what this Bill will do?
1. Allow Passport Canada to share information on potential terrorist travellers with the RCMP.
2. Stop known radicalized individuals from boarding a plane bound for a terrorist conflict zone.
3. Criminalize the promotion of terrorism in general, for example statements like “kill all the infidels wherever they are” would become illegal.
4. Allow CSIS agents to speak with the parents of radicalized youth in order to disrupt terrorist travel plans.
5. Give the government an appeal mechanism to stop information from being released in security certificate proceedings if it could harm a source.
Some have alleged that the Conservative government is not correct in stating that other allies allow their national security agencies to disrupt threats. What allies can do this work?
In the US the Central Intelligence Agency can, pursuant to the National Security Act, conduct domestic threat disruption with an executive order. In the United Kingdom, MI5 can, pursuant to section 1 of the Security Service Act, conduct any activity to protect national security. The Norwegian Police Security Service has a mandate to prevent and investigate any crime against the state, including terrorism. The Finnish Security Intelligence Service is mandated to prevent crimes that may endanger the governmental or political system, and internal or external security, pursuant to section 10 of the Act on Police Administration. We must ensure that CSIS has the same tools to keep Canadians safe.
Some have said that this legislation will transform CSIS into a secret police force with no accountability, while also violating our basic freedoms and Charter rights. Is this true?
No. C-51 gives no law-enforcement powers to CSIS. CSIS cannot arrest any individual. It cannot charge any individual. The new laws is designed to stop terrorist attacks in the planning stages. And what’s more, government actions under C-51 are subject to robust judicial oversight and review by the Security Intelligence Review Committee. This level of oversight is more extensive (and, some would say, more cumbersome) than that required by other Western nations. At all times, rights under the Constitution are protected.
Will C-51 allow the Communications Security Establishment to spy on Canadians?
No. CSEC’s mandate does not change under C-51. CSE acts within the law to protect Canada’s national interest and keep Canada and Canadians safe from threats. CSE works to monitor terror and other threats globally.
John Weston is the Member of Parliament for West Vancouver - Sunshine Coast - Sea to Sky Country
