New security bill reins in CSIS
The Liberal government’s sweeping new security legislation would limit — but not eliminate — controversial powers that allow Canada’s spy agency to actively disrupt terror plots.
The long-awaited bill introduced Tuesday pulls back on other elements of legislation ushered in by the Conservatives, charts new paths for Canada’s security services in data-crunching and cyberwarfare, and bolsters accountability and review in the often murky world of intelligence.
The 150-page bill, unassumingly entitled, “An act respecting national security matters,” follows federal consultations that attracted input from tens of thousands of Canadians.
The government’s primary goal with the legislation is to strike a balance between keeping Canadians safe and respecting their rights and freedoms, Public Safety Minister Ralph Goodale told a news conference.
“Canadians unequivocally want accountability, transparency and effectiveness from their security and intelligence agencies,” Goodale said. “They also expect compliance with the Charter of Rights and Freedoms and respect for privacy.”
The legislation fleshes out Liberal campaign promises to repeal some elements of a contentious omnibus bill brought in by Stephen Harper’s government after a gunman stormed Parliament Hill in October 2014.
In the House of Commons, Goodale came under fire from both sides: the Conservatives accused the Liberals of making things harder for security forces, while the NDP complained they’d not done enough to erase the Harper measures.
The Conservatives gave the Canadian Security Intelligence Service explicit authority to derail terrorist threats, expanding on the service’s traditional intelligencecollection mandate. However, many Canadians expressed concerns that such disruption activities could violate the Constitution.
The Liberal legislation requires CSIS to seek a warrant for any threat reduction measure that would “limit” a right or freedom protected by the charter, and it clarifies that a warrant can only be issued if a judge is satisfied the measure complies with the charter.
The bill amends other elements of the Conservative legislation, tightening provisions on information-sharing among federal agencies, redefining terrorist propaganda and narrowing a general prohibition against promoting terrorism offences to the crime of counselling someone to commit a terrorist offence.
Another change takes aim at the recurring problem of mistaken no-fly list name matches involving youngsters, allowing the public safety minister to inform parents that their child is not on the roster.
In addition, under a revised appeal process, someone’s name would be dropped from the no-fly list if the minister does not deal with their appeal within 120 days. However, the minister would be able to extend the deadline before the first 120-day period expires.
The government says the changes are steps toward a longer-term solution to no-fly list headaches.