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Decentralized Democracy

House Hansard - 299

44th Parl. 1st Sess.
April 15, 2024 11:00AM
moved that Bill C-377, An Act to amend the Parliament of Canada Act (need to know), be read the second time and referred to a committee. He said: Mr. Speaker, before I get into my speech, I want to take a moment to recognize the passing of some important people who we have lost in the last week and a half. On April 4, we lost Bob Mitchell, father of Corporal Mitchell who was killed in action on October 3, 2006, in Afghanistan, and father of Mark who passed from cancer just a few months after that in 2006. He was the husband of Carol and papa of Cameron, Ryan and Jaelyn. There have been no bigger supporters of our veterans than Bob and his wife Carol. My heart goes out to Carol in particular for the continued sorrow she faces, but I know she will still be there for our members of the Canadian Armed Forces. As well, on April 7, we lost Shawn "Lenny" MacDonald suddenly, father of Brandon and Kaitlin, and son of Kaye. He was a well-connected and important member of our community who we unfortunately lost way too soon. April 8 was the 17th anniversary of the loss of 22B, my six soldiers in Afghanistan who were killed by an IED: Donnie Lucas, Aaron Williams, Brent Poland, Christopher Stannix, Kevin Kennedy and David Greenslade. I will never forget them. On April 8 of this year, the father of one of my best friends, Ben Miedema, of Kingston by-way of Cloyne, passed away. He was the husband of Carla and father of Denise, Emily, Felicia, Geoff and Ian. Both his sons Geoff and Ian are still serving members of our Canadian Armed Forces. I offer my deepest condolences and sympathies to all of their families and friends. May they rest in peace. We are here today to speak to my first private member's bill, Bill C-377, an act to amend the Parliament of Canada Act, need to know. I will cover what this bill would do, what it is not and, most important, the why, not only to address the threats to our democracy but to minimize the politicization around national security in our country. I have been dealing with classified information for over 25 years, specifically highly classified information since 2007, my first tour in Afghanistan, dealing with the incredible electronic warfare capabilities and signals intelligence capabilities we possess within the military. For the last couple of years I have had the pleasure to sit on the National Security and Intelligence Committee of Parliamentarians, but this issue was apparent to me for years before I was elected. What is this bill? The crux of it, and literally the bill itself is one sentence, is: A member of the Senate or the House of Commons who applies for a secret security clearance from the Government of Canada is, for the purposes of the consideration of their application, deemed to need access to the information in respect of which the application is made. What does this mean? It means that for the purposes of applying for a security clearance, one has a need to know. However, it does not mean that one will have access to classified information. I will get into that later. Why is it so important to pass the bill? To improve transparency and accountability, as well as education not only with respect to the ever-changing threats to Canada and our democratic institutions and processes, but for Canadians and parliamentarians to ultimately rebuild trust in our democratic processes and institutions. I will try to explain this in the rest of my speech through the lengthy preamble, which is much longer than the actual bill itself. The first paragraph in the preamble states: Whereas members of the Senate and the House of Commons play a key role in holding the Government of Canada to account and, in order to be able to fulfil that role, they must have sufficient access to critical information, including the facts and rationale underlying key government decisions; Let us look at the testimony we have heard at PROC in recent weeks. We had Vincent Rigby, who served as the national security and intelligence adviser from January 2020 to June of 2021. He stated that transparency needed to be increased by producing annual public threat assessments, responding to NSICOP reports, publishing intelligence priorities and, most important, sharing “more intelligence...with members of Parliament.” Wesley Wark gave testimony at the same committee. In his view, Canadians lacked literacy about national security, a deficiency which could be improved by holding public hearings on national security, as these could increase public understanding and education about his aspect of governance. I would argue that this is bigger than just the Canadian population. This is about Parliament too, and as the representatives of Canada, both elected in the House and those appointed in the other place. I will get more into how Parliament and the government have handled highly publicized issues a bit later in my speech. The next paragraph of the preamble of the bill states: Whereas the Government of Canada typically restricts access to classified information to individuals who pass a personnel security screening process and who need access to the information in order to perform their official duties (the “need-to-know” principle); What is “need to know”, and how does it work? How do we protect classified information? First, people need to have a job and a reason to do it. Ultimately, that is why I am bringing this forward, to have that debate and make the case that Parliament has a need to know, not all the time and not to everything. However, we as parliamentarians have a need to know, but just because we have that need to know, we have to demonstrate that we are trustworthy, and that is done through the security clearance process. When people apply for that security clearance process, again, depending upon the level, it is actually a very arduous process, or it can be. In fact, I could give a multi-hour speech on how we need to improve the process of security clearances. Ultimately, people applying for it are basically opening up their whole life to the national security apparatuses to vet them and to ensure they are trustworthy to have access to classified or sensitive information. I will give a bit of a sample, so listeners can understand how many security clearances have been processed since 2016. I put an OPQ in that I got a response to last May. Here are the key departments that applied: DND, over 65,000 applications for secret level security clearances and, in that time frame, two were denied; ESCD, 8,916 applications and 14 were denied; Bank of Canada, 2,400 applications and one was denied; and NRCan, 8,900 applications and six were denied. Overall, just shy of a quarter of a million officials, bureaucrats, people within the government, applied for security clearances from 2016 to 2023, and only 23 were denied. That gives us a scope of just how many people have access to this information and how many need to know within the bureaucracy. As I mentioned earlier, just because people have that security clearance does not mean they get access. A good example is that during the convoy protests that were occurring in Ottawa, I still had my top secret security clearance. I maintained that when I released from the Canadian Armed Forces. I made the case in the House that if the government was lacking that trust with the general public and there were concerns over what the threats were, etc., why would the government not share that information with privy councillors, former privy councillors, who had already been vetted, or a number of the members of Parliament who had a security clearance of some sort. I am going to skip to the last paragraph of the preamble, because it fits better in my speech. It states: And whereas Parliament considers that a member of the Senate or the House of Commons must be able to apply for a secret security clearance and, if the member passes the personnel security screening process, to be granted that security clearance; I want to ensure that this is clear. It means people can apply, but it does not mean they will pass. In fact, I would argue that there are potentially individuals within both our chamber and the other place who may not pass. Who knows why? I do not have access to that information and, frankly, it is none of my business. Most of the time, in my past experience, where people fail to get security clearances, it is because they do not really want it or they are not honest when they are doing the process. The question is this: Is there something out there that a foreign state or somebody could hold over them and basically blackmail them, which questions their trustworthiness to have access to that information? My bill, if it passes, will not guarantee that everybody in this chamber and the other place will get access to classified, sensitive information. That is not what this does. It is the first step in allowing, and I will get into it, important debate and discussions around issues that are highly sensitive or important. One other note I would like make is that privy councillors, government members, do not have security clearances. In fact, one of the least vetted people, and it is not a shot on the current Prime Minister who has been vetted, is the current Prime Minister, because he had the privilege of becoming the leader of his party and ultimately the Prime Minister without being a former privy councillor. When someone is a privy councillor, being appointed by the prime minister to sit as a cabinet member, the system vets him or her. We would hope that when the current Prime Minister was going through that process, he was being vetted and that if there were a flag that the apparatus would have flagged it to the prime minister of the day, Mr. Harper, if there had been any issues. My point is that privy councillors do not have a security clearance in the traditional sense of those of us who served in law enforcement or in the military and went through the whole process, or somebody who has had the privilege of sitting on NSICOP, for example. What are the real risks to my bill? Really, there are no risks other than the political risk to someone who applies and is denied if that information were to ever become public. However, again, that is not something that would be released; it is privacy information and not information that is tied to having access. Why is this so important? The next portion of my preamble gets into it. It states: ...in the face of threats to world peace and security posed by nefarious state and non-state actors, the Government of Canada needs to make challenging decisions relating to national security, which it must do in a manner that is consistent with its constitutional duty to be accountable to Parliament and that respects the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights; I am not going to focus on all the threats. So many committees and even the latest government defence plan update and the NSICOP report cover the threats. I do not think I need to really explain that, but I want to focus on the accountability and transparency side. I am going to read a few quotes from the conclusion part of Top Secret Canada: Understanding the Canadian Intelligence and National Security Community, edited by Stephanie Carvin, Thomas Juneau and Craig Forcese, in which states that the Canadian “national security community” as a whole “has traditionally not been very transparent.” It further states, “In a democracy, first, transparency is—or should be—an end in itself.” It also states: There is also a strong pragmatic and utilitarian case in favour of greater transparency.... Law enforcement and intelligence agencies need the buy-in of the society they seek to protect: when they have the trust of the population, it is far easier to gather information, to build and maintain collaborative ties with key communities, and, ultimately, to do their jobs. Yet when security agencies [the government] are closed and perform poorly in terms of transparency, it is more difficult for citizens to trust them, and it opens space for erroneous information, misperceptions, and conspiracy theories to circulate. This reinforces a dynamic of mistrust and suspicion. The final paragraph of the book states, “ a challenge for government”, and I would say for Parliament, “remains to deepen the public’s understanding of the workings of the national security sector.” It goes on: Canadians (and indeed, their political leaders) must have context to avoid swinging wildly from indifference to panic when security events occur. Likewise, transparency and national security literacy help citizens tease apart real scandals from the noise. More generally, Canadians shall need to develop a renewed understanding of the hard dilemmas that frequently arise in securing a free and democratic state. I will not read the last couple of points in the preamble, but they really focus on allowing that access. That is what this speech will do. Again, it talks about two examples, under the current government and in the previous government. We had the Winnipeg lab scandal and the Afghan detainee files issue under the previous Harper government. How did Parliament address those issues? They formed ad hoc committees at the last minute and created a lot of undue politicization of that whole process. Whereas, if we had members already cleared, we could speed up that process and help downplay the politicization. We have seen this most recently, even with the foreign interference issue. In conclusion, I want to get to what PROC passed unanimously last week in its recommendation 3. It states: That the government work with recognized parties’ whips to facilitate security clearances, at Secret level or higher, of caucus members who are not Privy Councillors...who shall be taken as satisfying requirements for a “need to know,” to ensure that they may be adequately briefed about important national security matters, including foreign intelligence threat activity directed toward Parliament, or their party or its caucus members. Considering that PROC has already unanimously passed what my bill is basically calling for, I could seek unanimous consent to have my bill pass at all stages. I will not, because the importance of my debating this is that it is to improve the education of Parliament and Canadians. I look forward to any questions my hon. colleagues may have.
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Madam Speaker, I rise today in my capacity as parliamentary secretary to the Minister of Energy and Natural Resources. This is the third time I rise in this place to move forward the Canadian sustainable jobs act, Bill C-50, and I am frustrated that it has been such a difficult journey to get us to third reading on this legislation. It is a bill that is only about a dozen pages long and that has been supported by workers and industry. However, it seems to have touched a nerve with the Conservative opposition, so we have had to overcome a massive amount of obstruction to get to this point. Just last week, we faced a voting marathon that took over 12 hours of voting time as resources were taken up with recorded votes forced by the Conservatives. This bill matters, so Liberals did not hesitate to stand up and vote for each one, but let us be clear that the result of that Conservative charade was wasted time and taxpayer resources. I was not surprised, because this voting marathon was just one more example of the obstruction that we, and I, have faced in this place and at committee. In December, the natural resources committee, on which I sit, faced over 20,000 amendments put forward by the Conservatives, and this was on a bill that is only about 12 pages long. The amendments were not serious proposals, and in all of my years in this place, I have never seen such awful behaviour at committee. At these meetings, the Conservative members were loud and disruptive, and their tone was like nothing I have ever seen. It was not just a filibuster. That is a normal tool for opposition members. It was repeated, loud yelling of “point of order”, so that nothing could be said or heard. It was filming a video at every point of suspension in pursuit of a social media click and social media videos, rather than in pursuit of getting the policy right. All of this was while workers from across the country were telling us over and over again that they wanted to see us move forward with the sustainable jobs act and that they wanted the Conservatives to end their obstruction. At a conference last week, the Conservative energy critic stated that for her, with respect to this bill, a mutual and evidence-based middle ground is not a thing. So much for developing policy on the evidence and for working with each other to get the best results for our communities. Why does the Conservative Party look to oppose a bill that would empower workers and a bill that acknowledges a need for workers to be at the table as our country charts a path toward a net-zero future? That is what this bill would do. Let me set out quickly what is contained in the sustainable jobs act. It has five parts. The first part sets out principles guiding a coherent approach to economic development and climate action, including measures to support workers and help create sustainable jobs, while aligning with international best practices and sending a strong signal to investors that Canada is ready to play a leading role in the emerging world of the clean growth industry. The second part aims to create a sustainable jobs partnership council to provide independent annual advice to the Government of Canada and to engage with Canadians. This council will ensure that experts, including workers, indigenous leaders and industry representatives, are at the table to guide government action. The third part sets out a requirement to publish action plans every five years, drawing on input from stakeholders and partners as well as expert advice from the sustainable jobs partnership council. The fourth part is designed to establish a sustainable jobs secretariat to ensure coordinated action to implement the law across the federal government. The fifth and final part designates the minister or ministers responsible for implementing the legislation. Those five things are what have given rise to all of the Conservative furor. This is why they have put up so much time and energy to oppose. That is what it is, legislation that helps workers to seize the opportunities and have a say in how it can be done. On Thursday, the Minister of Labour asked, if they are not listening to industry or workers, or the environmental community, who are they listening to? That is a good question, because it certainly is not the many who have spoken publicly. The president of the Business Council of Alberta said, “The Sustainable Jobs Act represents an important opportunity for Canada: to shape our future and create jobs by providing the resources that the world needs—including energy, food, and minerals.” The International Union of Operating Engineers said, “The Canadian Sustainable Jobs Act is a step toward a future that puts the interests of energy workers at the forefront of a low-carbon economy.” The president of the Canadian Labour Congress, which represents millions of Canadian workers, said, “The Sustainable Jobs Act signals a crucial milestone in our fight against climate change and the protection of workers' interests. Canada’s unions stand committed to working alongside all stakeholders to ensure effective implementation towards a sustainable and equitable future for all.” Those statements confirm to me that workers in industry see in the sustainable jobs act an unlocking of opportunities; they see it as a part of our country's commitment to seize global opportunities in sustainable jobs, all the while making sure that workers are at the table as we work together to fight climate change and slow the natural disasters that are impacting our communities through wildfires, floods, droughts, hurricanes and other events. As we strive to reduce the emissions that fuel the climate crisis, we are equally determined to ensure that our young people have a thriving future in careers that help build a strong, sustainable and prosperous economy. Both are possible, and they go hand in hand. All of our communities are feeling these impacts on our clean air, and floods and fires that damage homes, farms and industry. It has been shocking, in this bill's very long journey, to hear the Conservative colleagues from across the way say that they do not believe in climate change. For example, the Conservative MP for Red Deer—Mountain View, during his filibuster of this very bill, claimed that climate change is having no impact on the frequency or severity of wildfires, which is entirely false. The Conservative MP for Renfrew—Nipissing—Pembroke, in a newsletter to constituents, simply said that “the global warming gig is up”. These statements explain why the Conservative Party's plans have been to just let the planet burn. That is not only frightening; it is also out of step with the rest of the world, because the world is looking for clean energy and renewables and to build their businesses in Canada because of our clean electrical grid. These are the opportunities we could seize with the sustainable jobs act. We have a target to hit net zero, and many subsectors, like cement and electricity, have similar pathways and road maps based on modelling and market trends. All of this means expanding and deploying new technologies using skilled Canadian labour. These range from installing electric arc furnaces for steelmaking, like at Dofasco; finding ways to harness solar and biomass in remote communities, like in Old Crow, Yukon; or using deep-lake cold water from Lake Ontario to cool downtown Toronto's hospitals and buildings through a district energy system operated by Enwave. There are hundreds of examples across this country of innovative projects that are being advanced to create clean power and sustainable jobs. RBC estimates that in this decade alone, just in the next few years, the global shift to a low-carbon economy will create up to 400,000 new Canadian jobs in fields where enhanced skills will be required. Last summer, I had the chance to talk with people working on wind turbines in Ontario. One of these workers told me how he had chosen to train to work on wind turbines, because he liked the opportunity to be outdoors while doing the technical work he enjoys. He was making a better living, and he was living better. I met people at George Brown College who are part of a program to provide certification for electric vehicle mechanics. A large percentage of the people who were studying the certification were new to the field of mechanics. One person commented that the workplace for EVs had cleaner air than a traditional shop. Given that my grandfather worked in an autobody shop as a mechanic, Dabrusin Motors, it hits home how no emissions in his shop would have been a much healthier workplace. On International Women's Day this year, I had the opportunity to join the Millwright Regional Council, AECON and Ontario Power Generation at the graduation of a group women. They had been part of a special program to encourage women to become millwrights, and upon graduation, they were able to get jobs working on the refurbishment of the Darlington nuclear power plant. It was inspiring to meet these graduates and the people who had come around them to create this special program. We are talking about good-paying jobs in nuclear energy, a form of energy that has helped Ontario move away from coal-fired electricity and that is bringing cleaner air to our communities across the provinces. Through the sustainable jobs act, we want to make sure that workers help chart the course to make sure that women, such as those in this graduating class, can find good-paying jobs that are a part of our country's future. In fact, these are the jobs of our planet's future, and investment is flowing to clean technologies. In 2022 alone, over $2 trillion went to clean technologies globally. This bill would help support coordinating the labour force's development needs in these fast-growing industries. As we rapidly look to expanding Canada's advantage in clean technologies to meet our domestic and global needs, we must also expand the skills and training of Canadians to ensure that high-quality jobs are created here. I will ask members to allow me to provide two examples of how we are creating sustainable jobs in Canada for Canadian workers and communities while supporting our allies around the world. If the world wants more clean energy, and it does, let our talented workforce meet that demand. If the world wants more products made through a low-carbon manufacturing process, let us attract that investment that helps our workers to fill that gap. The first example is our nuclear financing agreement with Romania. Romania has been a NATO ally of Canada for 20 years now, and it is strategically placed as a leader in Eastern Europe to supply zero-emissions power to its neighbours with Canadian CANDU reactors at Cernavoda's power station. Nuclear power and technology is a vital part of Canada's legacy as a tier 1 nuclear nation. We are providing $3 billion in financing to Romania to develop two new CANDU reactors. That is a good deal. It is one that will be paid back with interest, which will flow entirely to Canadian companies. It will create good jobs across Ontario, help Romania to phase out coal several years ahead of schedule and displace Putin's energy blackmail with a steady supply of reliable, zero-emissions power. That is a win for climate action, a win for our allies, for our economy, for workers and for Canada. The second example is about hydrogen. A few weeks ago, the Minister of Energy and Natural Resources led a delegation to Hamburg, Germany, where Canada became the first country in the world to cement a hydrogen window with the Germans, making the first deal of its kind between any two countries. Part of the reason Vice-Chancellor Habeck had such confidence in Canada is the enormous clean power potential presented by our Atlantic offshore. As the Minister of Labour mentioned last Thursday, offshore wind power and the hydrogen that it can create represent the largest economic opportunities for the region in a generation. They present us with the potential to economically revitalize entire coastal communities across both provinces. That is an example of strategic investment and partnership being used to create thousands of sustainable jobs for Canadian workers on the path to net zero here and around the world. If I go back to my frustrations, it has been deeply frustrating. The Conservative members of the natural resources committee have repeatedly talked down the offshore opportunities and stated opposition to Bill C-49, the bill that would allow these offshore wind projects to proceed and create that green hydrogen that is sought after by our allies. These are good opportunities to create good-paying jobs. We are standing up with provinces to make sure Canadian workers can seize these new opportunities. Workers are at the centre of the sustainable jobs act, and as I have pointed out, unions have strongly supported this bill. When workers organize, they do not just ask more of their employers. They expect more from government too, and that is a good thing. We are advancing replacement worker legislation and investments in union-led training centres because we believe in unions. Just this weekend, I talked with a unionized worker in my community who was telling me about the importance of his union and his strong support for our replacement worker legislation. He wants a government that supports unionized workers and collective bargaining, and I could assure him that our Liberal government does support those things. That stands in sharp contrast to the previous Conservative government, in which the Leader of the Opposition was a cabinet minister. As a cabinet minister in the Harper government, the Leader of the Opposition championed two of the most anti-union and anti-worker bills the House has ever seen: Bill C-525 and Bill C-377. Bill C-377 was an unconstitutional bill to silence unions by burying them in onerous reporting requirements, including forcing them to show their strike funds to employers, which would weaken the prospect of deals at the bargaining table. Bill C-525 was similarly an attack on workplace democracy, making it very difficult for workers to form unions and easier for the then Conservative government to arbitrarily decertify unions. In 2017, our government repealed both of these bills, and since then, we have continued to stand up for unions. Despite all of the Conservative games, we have been pushing forward, and we will continue to fight for workers. This is precisely what our sustainable jobs plan and act would deliver. I will conclude by highlighting the widespread support that exists for this legislation. First, Equiterre had this to say about the bill: “It is an essential step toward more cohesive climate action and there's absolutely no reason to delay the adoption of this bill. Building a sustainable workforce starts now—not in 2050.” The executive director of the Pembina Institute stated the following: Passing the Sustainable Jobs Act and getting the new Sustainable Jobs Partnership Council working will deliver the message, loud and clear: Canada is a great place to invest, with workers who are second to none and ready to get the job done. A youth-led organization called re-generation said it supports the plan and the bill because: This Act will help ensure that green jobs are available for anyone who wants one. It will establish a partnership council to directly involve workers and communities in the transition, and allocate critical funding to green skills development and training. Finally, the vice-president of IBEW International said that, through this legislation, the Government of Canada is demonstrating its “commitment to protecting good-paying, highly skilled jobs.” Countries around the world know that we have two choices ahead of us. We can advance plans for the future that would allow us to seize economic opportunities while fighting climate change, or we can simply stick our heads in the sand and hope for the best. I sincerely hope that every member in the House agrees to choose the first path because, as countries around the world race to seize economic opportunities ahead of us, we must also quickly pass Bill C-50. We need to keep working to ensure we have a sustainable future and sustainable jobs for future generations.
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