Bill C-70

Countering Foreign Interference Act

An Act respecting countering foreign interference

Part 1 amends the Canadian Security Intelligence Act to, among other things,
(a) update provisions respecting the collection, retention, querying and exploitation of datatsets;
(b) clarify the scope of section 16 of that Act;
(c) update provisions respecting the disclosure of information by the Canadian Security Intelligence Service;
(d) provide for preservation orders and production orders as well as warrants to obtain information, records, documents or things through a single attempt;
(e) expand the circumstances in which a warrant to remove a thing from the place where it was installed may be issued; and
(f) require a parliamentary review of that Act every five years.
It also makes a consequential amendment to the Intelligence Commissioner Act .
Part 2 amends the Security of Information Act to, among other things, create the following offences:
(a) committing an indictable offence at the direction of, for the benefit of, or in association with a foreign entity;
(b) knowingly engaging in surreptitious or deceptive conduct at the direction of, for the benefit of or in association with a foreign entity for a purpose prejudicial to the safety or interests of the State or being reckless as to whether the conduct is likely to harm Canadian interests; and
(c) engaging in surreptitious or deceptive conduct, at the direction of or in association with a foreign entity, with the intent to influence, among other things, the exercise of a democratic right in Canada.
It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.
It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act .
Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,
(a) create a general scheme to deal with information relating to international relations, national defence or national security in the course of proceedings that are in the Federal Court or the Federal Court of Appeal and that are in respect of any decision of a federal board, commission or other tribunal;
(b) permit the appointment of a special counsel for the purposes of protecting the interests of a non-governmental party to those proceedings in respect of such information; and
(c) allow a person charged with an offence to appeal a decision, made under the Canada Evidence Act with respect to the disclosure of certain information in relation to criminal proceedings, only after the person has been convicted of the offence, unless there are exceptional circumstances justifying an earlier appeal.
It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.
Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,
(a) provides for the appointment of an individual to be known as the Foreign Influence Transparency Commissioner;
(b) requires certain persons to provide the Commissioner with certain information if they enter into arrangements with foreign principals under which they undertake to carry out certain activities in relation to political or governmental processes in Canada;
(c) requires the Commissioner to establish and maintain a publicly accessible registry that contains information about those arrangements;
(d) provides the Commissioner with tools to administer and enforce that Act; and
(e) amends the Public Service Superannuation Act , the National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act .

Countering Foreign Interference Act

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, the bill has come very late in terms of implementing anything before the next election. What is the impact of what just happened here in the House, with the NDP's not being willing to advance the bill in a more speedy way?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, it really raises the question of whether the NDP is doing the dirty work of the government. It raises questions about whether the government is serious about actually moving the bill forward in time for the next election—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member for New Westminster—Burnaby is rising on a point of order.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I think we see the problem with the Conservative caucus in understanding good-faith negotiations. One does not do what the member has just done.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member knows that we are not going to enter into that debate.

The hon. member for St. Albert—Edmonton can perhaps be more judicious.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, the NDP-Liberal government will be tested very shortly, and it has already in part failed the test, with what the NDP did moments ago. It has a choice. It can move the bill forward expeditiously. We support that. The bill does need to be passed. It does need to receive royal assent as soon as possible so the safeguards can be in place in the next election.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I am just curious. This has been ongoing for a long time, the issue of foreign interference impacting our elections, impacting candidates, influencing elections and influencing candidates. How closely are the Americans monitoring what is going on in this country?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I think our allies have increasingly become concerned that this country has been subjected to interference by the Beijing-based regime. In fact last week the U.S. Congress was scrutinizing the alarming national security breach at the Winnipeg lab, where agents of Beijing infiltrated our highest-security lab under the current government's watch. It was a massive national security failure that has drawn international concern.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, in a few words, I would like my colleague to explain why the interference commissioner should be independent.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, that is an interesting question. The commissioner would be housed, as presented in the bill, within the department of public safety. There may be merits to that from a resource standpoint, but it is something that does need to be further considered at the committee stage, in terms of how the commissioner should be established and whether, in fact, the commissioner should be housed within the department of public safety or be independent.

[René Villemure, Bloc, Trois-Rivières, QC]

Madam Speaker, in small doses, candour can have a certain charm. It says that someone does not mean any harm. However, naivety is always a flaw because it stems from lack of judgment.

When it comes to foreign interference, the government has been very naive in recent years. This naivety is coupled with the government's standing flaw: pride. Pride prevents it from quickly admitting to and correcting its mistakes, and going so far as to hide what should be disclosed, even at the expense of the common good.

I am also pleased that Bill C‑70 represents a change in direction. I will say right off the bat that the Bloc Québécois supports the principle of Bill C‑70, countering foreign interference act. With this bill, the government is telling us, or trying to tell us, that it has finally shaken its naivety. That is a good start.

As always at the federal level, there is concern that efficiency is not the government's priority. These are things that can and should be corrected in committee and will not change the principle of the bill. As I was saying, the Bloc Québécois will vote in favour of Bill C‑70 at second reading. We hope it will be sent to committee quickly. Once we get to committee, we will have to be vigilant and careful, because this bill deals with fundamental issues

In fact, there are three main reasons for moving this update of Canadian laws along. The first reason is the international situation. These are tense times. There is a new cold war—not entirely cold, but more complex, with more players. Russia and China are more aggressive. Influence campaigns, lobbying and disinformation campaigns are on the rise.

We saw this five years ago with the case of the two Michaels. In December 2018, at Washington's request, Canada arrested Meng Wanzhou, the CFO of telecoms giant Huawei. Rather than go after the Americans, China preferred to go after its defenceless little brother, Canada. In retaliation, the Chinese government arrested two Canadian citizens in China and took trade measures against Canadian and Quebec farmers—

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I rise on a point of order. I am hearing voices from both sides of the House. I would like to take this opportunity to say that my Liberal colleagues' conversations on the other side are quite loud. It might be worth reminding them to keep their voices down when a colleague is making a speech.

There is also something else that is causing a disruption. For some time now, there seems to be a speaker or earpiece that is broadcasting the interpretation in English. I do not know whether it is in the chamber or in the gallery.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I believe it is indeed the listening devices. I will ask for someone to check whether any telephones are causing noise in the gallery. I hear it very distinctly here as well. I would also encourage members to keep their conversations low or, ideally, take them outside the House.

The hon. government House leader on a point of order.

The House resumed consideration of the motion that Bill C‑70, An Act respecting countering foreign interference, be read the second time and referred to a committee.

[René Villemure, Bloc, Trois-Rivières, QC]

Mr. Speaker, I thank my colleague from Drummond. All those voices were rather distracting.

As I was saying, the Chinese government arrested two Canadian citizens in China and took trade actions against Quebec and Canadian farmers, all to influence Canadian policy and force the government to give in. These dramatic actions, which were taken openly, constitute aggressive diplomacy. However, to be very clear, China also took more discreet measures and those are the types of measures that Bill C‑70 seeks to counter.

Russia is saber rattling to mask its decline. China is in the final stages of its big project to transform an empire into a country. They are both projecting their power and need to weaken international resistance, hence the interference campaigns abroad, including in Canada. We need the necessary antibodies to prepare ourselves and to guard against that.

The second reason, in addition to the international situation, is the national situation. I am going to share a secret: Do not tell anyone, but an election is coming. I do not know when, but it is coming. Sometimes the leader of the NDP does this funny dance before he grovels or goes into bravado mode. His rhetoric suggests that there will be an election any day now. However, that is not the case. The reality is that we do not know for sure, but it could happen at any time. I am just joking around with my NDP friends, of course.

On election day, the politicians keep quiet and the citizens do the talking. For that to happen, in order for citizens to speak freely, they cannot be targeted by pressure or interference. That is what democratic expression is all about. That said, an election is the ideal time for interference. It can be tempting for a foreign actor to try to replace a hawk with a dove, for example. It is therefore essential that we develop tools for countering foreign interference before the election period, and time is running out.

The third reason is the legislative situation. Canada does not currently have the antibodies to fight off the virus of foreign interference. There is no foreign agent registry, for example, and the various laws governing the operation of the intelligence agencies date back 40 years, before the digital age. Some of our members were not even born yet.

Those laws do not make it possible to analyze the huge amount of information that can be gathered today and process it within a useful time frame. Those laws do a poor job of protecting secret operational intelligence. Those laws do not adequately protect people against threats or intimidation by foreign states. The rules of the justice system have not struck a balance that allows for prosecution, a fair trial and the protection of sensitive intelligence. All of this is what Bill C‑70 seeks to correct. That is why we support it in principle.

In practical terms, Bill C‑70 amends four acts. Part 1 amends the Canadian Security Intelligence Service Act, which governs the organization better known as CSIS. The amendments clarify data collection and analysis, provide for preservation and production orders, and authorize new search and seizure powers. David Vigneault, director of CSIS, has long been calling for the act's modernization. It was enacted in 1984, before the Internet existed, and has not been amended since. Technology has obviously evolved, and such a legislative change is long overdue. According to David Vigneault, too many authorizations are required, including the approval of the Minister of Public Safety, to analyze the data and decide whether to retain, process or archive them.

In fact, here is the government's description of the Kafkaesque current process:

The totality of this process could require up to five separate submissions for review by the Minister, Intelligence Commissioner, and/or the Court, resulting in a delay of up to six to nine months before CSIS can exploit the data, by which time its intelligence value may have diminished significantly. If CSIS cannot evaluate and apply to retain the dataset within the statutory time limit, it is required to destroy all the data.

It could take six to nine months, but information can be sent instantaneously. Something is not right there. I would remind the House that the election period lasts five weeks. A six- to nine-month delay is not very helpful. That is not all. Currently, CSIS cannot share intelligence outside the federal government. Bill C‑70 would allow that, which is very good. Once the bill comes into force, the provinces, municipalities and territories will be able to receive certain information.

Imagine for a moment that Hydro‑Québec is the victim of foreign interference or espionage. CSIS could disclose certain information to Hydro‑Québec to help the publicly owned corporation protect its critical information. The same goes for warrants under the current CSIS legislation, which are not adapted to the digital age and can sometimes paralyze investigations.

All these aspects of Bill C‑70 seem to be good ideas. We will have to look at it carefully in committee, because the devil is in the details.

We know that total security would require total surveillance. I do not think that we want to go that far.

The restrictions and silos that are paralyzing CSIS, and that this government wants to relax, are there for a reason. Much of this stems from the work of the McDonald commission that examined the RCMP's actions during the October crisis in Quebec. Members will recall the events of October 1970. We certainly remember. The federal government had imprisoned hundreds of people in Quebec, including politicians, intellectuals and artists, causing a true national trauma. In order for the federal government to regain Quebeckers' trust, the Mulroney government replaced the War Measures Act with the Emergencies Act, which had much stricter limits. It eliminated the RCMP's intelligence role with the creation of the Canadian Security Intelligence Service, or CSIS. In doing so, it created a wall between intelligence and law enforcement, so as to limit abuses. Now these safeguards are preventing us from combatting foreign interference, and we are being asked to relax them. Okay, we understand that.

I repeat, the Bloc Québécois will support Bill C‑70 in principle, but not at the cost of civil liberties. This is an absolutely fundamental issue that demands the utmost vigilance on the part of legislators. We are in favour of passing the bill quickly at second reading, but we would be remiss if we did not conduct a serious study in committee. This must not be rushed through.

I would remind the House that the inefficiencies of the current legislation were designed to protect the people of Quebec from the excesses of the federal government. In light of the current rise in international tensions and the aggressiveness of certain countries, we must not diminish the protection our people enjoy from potential government abuses. Therefore, our work must be guided by a search for balance.

Bill C‑70 also protects certain operational secrets. Again, this is a necessary safeguard against foreign states with hostile intentions. We should not weaken our democracy in the name of protecting it. We saw this happen with the Winnipeg lab incident and, 15 years ago, with the Afghan detainees.

It is very difficult for Parliament to exercise the oversight that it must exercise when it requires access to classified information, not to mention frequent overclassification—as we saw with the Winnipeg lab—which makes sometimes innocuous information secret and hard to obtain. Even the Hogue commission, which was set up to shed light on foreign interference and help counter it, has complained that it did not have access to all the documents it requested because the Prime Minister's Office was reluctant to release them.

Morever, Bill C-70 seeks to better equip the justice system to fight foreign interference, so this bill sets out new offences that cover a broader range of harmful acts. It sets out new procedures that we hope will make it possible to prosecute offences, grant a fair trial and protect intelligence that would be harmful if disclosed.

Again, we are in favour of this in principle. However, these are fundamental issues of justice, and our work must be guided by a quest for balance. I repeat that a lot, because it is very important.

Bill C‑70 will also eliminate the requirement to prove that a criminal act benefited a foreign state or harmed Canada. Simply put, intimidation by a foreign state could become punishable, even if it does not produce the desired result. We are talking about attempts here. That means it will be possible to charge people who intimidate Canadian citizens or their families. People who are originally from totalitarian countries are particularly vulnerable.

Bill C‑70 also provides for consecutive sentences and even life imprisonment for certain offences. I understand the desire to impose harsher sentences, but listen to what the Canadian Civil Liberties Association had to say. It said, and I quote:

The availability of life imprisonment for certain offences introduced under Bill C‑70 is disproportionate and excessive. For example, a person convicted of an indictable offence under the Criminal Code, even as minimal as theft under $5,000, could be sentenced to life in prison if they acted for the benefit of a foreign entity.

I could cite numerous other examples of measures that will need to be closely scrutinized before they are approved or allowed to come into force.

I will end my speech by talking about the foreign agent registry. This registry should have been created a long time ago. The United States created theirs in 1930. Everyone agrees that a registry alone will not prevent foreign interference, but it is an essential tool to have in our tool box. The director of CSIS has said that a registry would be very useful. The European Union is currently working on a transparency register, and there are registries in other countries too. With a registry, it is easier to demonstrate that someone is working on behalf of a foreign state than to prove that the state interfered. Refusal to join the registry would become an offence in itself and it would be easier to punish than the crime of interference.

I am therefore pleased that the government is moving forward with the registry. It will improve the identification of people trying to influence public policy and of persons acting on behalf of a foreign state. I have spent a lot of time studying this topic. In fact, I drafted a bill to create this registry and I was about to introduce it before Bill C‑70 was tabled. However, the registry put forward in Bill C‑70 has gaps that I would like to try to fill in committee.

For example, although foreign agents are required to register, public office holders are not required to declare their interactions with foreign agents. The two-party registration of foreign agents and public office holders would allow for more thorough checks and enhance the registry's effectiveness. Furthermore, foreign agents have to report their contact with certain categories of people, but the list is too narrow to protect things like government-funded research activities, for example. In short, at committee stage, I intend to propose an expansion of the registry's scope to improve its effectiveness.

As a final point, I would like to take a closer look at the very concept of interference. Let us imagine, for example, that a foreign state sent a bunch of people to fill the room during a nomination to influence the choice of candidate. The foreign state would not have intervened directly with the government to influence public policy, but it would have obviously intervened in public political life. Would that situation be covered by the registry? I doubt it.

Another example is the National Microbiology Laboratory in Winnipeg. The Chinese agents working there had no desire to influence public policy. Rather, they wanted to monopolize the fruits of research paid for by Canadian taxpayers. Does Bill C-70 protect us from that? I doubt it.

I will conclude with a bit of a broader reflection. Protecting our constituents against interference is a profoundly democratic act. People have the right to control their political life and their social, economic and cultural development. This expression of democracy, which must be exercised freely, without undue pressure or interference, is fundamental to peoples' right to decide for themselves and assert their inalienable right to self-determination.

In committee, we will have disagreements on this or that clause of Bill C‑70, but I think that all the members of the House are united on the need to protect the inalienable right of the Canadian people to control their development without foreign interference. Under Bill C‑70, foreign states will be required to respect that right and stop interfering.

As long as we are requiring respect from others, we need to be honest about being respectful ourselves. Twenty-nine years ago, my people, the people of Quebec, were called to democratically exercise their own right to self-determination in a referendum on independence. What happened? Canada, the federal government, spent more on its campaign than the Yes and No camps combined in Quebec. That is serious interference. I am pleased to see that everyone in the House is, I note, unanimous in agreeing that interference in a people's choice is not good. We are making progress. We are getting somewhere.

I hope that the desire to protect Canadian democracy from foreign interference will engender the same respect for Quebec's democracy, because my people also need to be able to experience their democracy without interference.