Constrain spy agency, Commons committee urges
OTTAWA — A House of Commons committee is calling for repeal of a provision that allows Canada’s spy agency to violate constitutional rights, with a judge’s permission, in the name of disrupting national security threats.
In a report Tuesday, the federal Liberal-dominated public safety committee also recommended requiring a judge’s approval for Canadian Security Intelligence Service disruption operations that fall short of breaching constitutional guarantees, but nevertheless break the law.
Currently, CSIS efforts to derail plots could involve taking down an extremist’s website, cancelling airline tickets, disabling a vehicle — or more drastic actions.
In addition, the MPs said the scope of activities subject to recently enacted informationsharing powers should be narrowed to make them consistent with other national security legislation.
Many of the 41 recommendations put flesh on the bones of Liberal promises to fix “problematic elements” of Conservative anti-terrorism legislation known as C-51.
Conservative MPs on the committee issued a dissenting report saying the legislation should be maintained, while New Democrats tabled a supplementary opinion suggesting the government should go further by scrapping C-51.
“Close to two years after being elected, the Liberals still haven’t adopted legislative measures to repeal C-51, the dangerous and ineffective law adopted rashly by the former Conservative government,” said Matthew Dubé, the NDP public safety critic.
Green Party Leader Elizabeth May, the MP for Saanich-Gulf Islands, warned that the government would be building on a “deeply flawed foundation” unless it repeals much of the previous government’s legislation.
Conservative public safety critic Tony Clement steadfastly disagreed, saying the Liberals “chose to focus on ways to handcuff our security services and take away necessary powers.”
The majority report maintains there need be no tradeoff between national security and the rights of Canadians, committee chairman Rob Oliphant told a news conference.
“They both may be fully realized, and in fact can only be fully realized, if they’re both fully respected.”
The Trudeau government has committed to ensuring all CSIS warrants respect the Charter of Rights and Freedoms, to preserving legitimate protest and advocacy and to defining terrorist propaganda more clearly.
It has also pledged that appeals by Canadians on the no-fly list will be subject to mandatory review.