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Bill C-51

Updated on July 30, 2015

Synopsis

Bill C-51 was introduced by the Conservative government of Canada to provide a major overhaul of Canadian security legislation. Amongst other things, the Bill (now law) increases the powers and mandate of CSIS (the Canadian Security Intelligence Service), expands information sharing between branches of government, criminalizes the promotion of terrorism, expands the no-fly list, and provides the RCMP with new powers of preventative arrest. Supporters of the Bill argue that Canada’s anti-terrorism legislation was last overhauled over a decade ago after the September 11, 2001 attacks and is in serious need of improvement. They state that the Bill does not pose a danger to citizens as its provisions are subject to independent review and judicial oversight. Critics of the Bill contend that Bill C-51 poses very significant privacy concerns as well as threat to other fundamental Canadian freedoms. They believe that the wording in the Bill means that it could be used to target protesters and those who dissent against the government. It also would grant government departments and agencies unprecedented and excessive powers to breach privacy rights of Canadians. Critics of the Bill include numerous business leaders, law professors, NGOs, and the United Nations Human Rights committee. The Bill was granted Royal Assent on June 18, 2015.
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  • Introduced Bill C-51 in order to counter the threat posed by the Islamic State and the international jihadist movement by increasing the policing powers of CSIS and the RCMP and making it illegal to promote terrorism, among other changes. (3, 16)

  • Agreed to make amendments to the original Bill C-51 after public consultations to ensure civil disobedience is not included as a threat against the country, remove CSIS’ power to make arrests, and restrict information sharing to within the federal government (1, 2)

  • Does not believe that direct parliamentary oversight is necessary; instead supports using the Security Intelligence Review Committee to minimize political interference in counter-terrorism operations (SIRC is an independent watchdog whose members are appointed by the federal government) (3)

  • “Opposes adding a “sunset clause” to the Bill, which would require the federal government to review and reauthorize the Bill after a set period of time” (4)

  • Blocked all other parties' amendments to the bill (5)


  • Voted against Bill C-51, and have consistently opposed it (3)

  • Opposes giving broad powers to CSIS without enhancing oversight and decries the lack of measures to counter radicalization of communities (6)

  • Believes the legislation is too vague and therefore dangerous in terms of its potential impact on Canadian liberties, and fears it could impact legitimate dissent (6)

  • Filibustered committee meetings to pressure the government to give public safety committee additional time to hear from witnesses (7)

  • Vowed to repeal all offending provisions of C-51 (8)


  • Voted in favor of Bill C-51, though promises to amend its most "concerning aspects" (3, 9, 10)

  • Is concerned that some aspects of the Bill threaten Canadians’ Charter rights and freedoms, but that these can be addressed by amending the Bill (18, 19)
  • Nevertheless believes the Bill does much to increase the physical security of Canadians, particularly by strengthening the no-fly list, increasing powers of preventative arrest, and increasing information sharing between federal departments (18, 19)

  • Wishes to amend Bill C-51 to:
    • give parliament oversight of Canada’s security agencies
    • include a ‘sunset clause’ to force parliament to review and vote to re-authorize the bill periodically
    • narrow broad definitions in the bill
    • remove measures allowing judges to provide CSIS with warrants to violate Canadian Charter rights
    • include programs for radicalization prevention in communities
    (9, 10, 11)

  • Introduced 10 amendments to Bill C-51 on March 26th which can be viewed here in summarized form, and here in full form.

  • Liberal Senators voted against the Bill in the Senate Chamber (12, 17)


  • Has consistently opposed Bill C-51, voted against it, and will support all efforts to repeal the Bill (13, 14)

  • Believes that outreach programs to counter radicalization, improved oversight of intelligence agencies, and improved coordination of RCMP and CSIS should be used instead of measures included in Bill C-51(14)

  • Opposes the granting of powers that would violate Canadians’ Charter Rights, expanding no-fly list, government departments sharing private citizen information, and giving CSIS the power to disrupt activities itself (13, 15)

  • Proposed 60 amendments to Bill C-51, all of which were blocked by Conservative MPs (15)

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References

  1. The Globe and Mail
  2. CTV News
  3. The Globe and Mail
  4. CTV News
  5. CTV News
  6. NDP website
  7. CBC
  8. Global News
  9. The Globe and Mail
  10. Liberal website
  11. Liberal website
  12. The Globe and Mail
  13. Elizabeth May website
  14. Green website
  15. Green website
  16. Conservative website
  17. Huffington Post
  18. Ottawa Citizen
  19. Huffington Post

Further Reading

  • The Globe and Mail: Everything You Need to Know About Bill C-51
  • The National Post: House of Commons Passes Controversial Anti-terror Bill
  • The Walrus: Bill C-51 The Good the Bad and the Ugly
  • The National Post: Peter Mackay – Bill C-51 is a Measured Response to the Very Real Dangers we Face Today
  • The Globe and Mail: Bill C-51 is Not In Keeping with Canada’s International Obligations
  • BCCLA: 8 Things You Need to Know About Bill C-51
  • Government Website: Bill Details
Posted in Law and Domestic Affairs | Tagged fed2015
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