June 22, 2017
New Bill to Strengthen
Powers on Eve of Canada 150
All Out to Oppose the Trudeau
Government's Police State Bill C-59!
Demonstration against Bill C-51 in Ottawa, March 14, 2015, one of more
than 70 actions which
took place that day across the country.
No to police dirty tricks and their
The Communist Party of Canada (Marxist-Leninist)
denounces the dangerous anti-social direction the Trudeau government is
taking Canada's national security regime. The Liberal
government introduced Bill C-59, an Act respecting national
security matters, in the House of Commons on June 20.
The act broadly expands secret police powers and
proposes to enshrine these and the powers of previous security bills as
part of the rule of law and make them constitutional.
The Liberal direction makes a mockery not only of the
conception of a rule of law but also of civil rights and civil society.
To proclaim with such fanfare to "constitutionalize" police
powers on the eve of Canada 150, shows how anachronistic Canada's
constitution has become, and the necessity for democratic renewal and a
modern constitution that provides the rights of
all with a guarantee. CPC(M-L) calls on Canadians to take up the work
for democratic renewal and a modern constitution as a matter of
The proposed measures of the Trudeau government are an
insult to the hundreds of thousands of Canadians who took action to
stop and repeal the previous Harper legislation Bill
C-51, the Anti-Terrorism Act, 2015. Similar to Bill C-51,
Trudeau's Bill C-59 is an omnibus bill that amends or enacts various
laws making many changes to the powers of the
security agencies. Far from responding to the clearly-expressed demand
to repeal Bill C-51, the Liberals' new police state bill responds
instead to the demands of the secret agencies within
the imperialist system of states to maintain and enhance their powers.
The claim that changes to existing laws proposed in Bill C-59 "support
the consistency of these powers with the [Charter of Rights and
Freedoms]," merely shows that the Charter itself is
subordinate to the police powers and their "reasonable limits" decided
by the state, not the
Bill C-59 Must Not Pass!
Bill C-59 further
entrenches the unacceptable powers contained in Bill C-51 and must not
pass! CPC(M-L) states clearly that it is not a matter of amending this
new bill but
withdrawing it altogether, along with the anti-terrorism legislation
enacted by the previous Harper government.
Besides playing with words, of which the Liberals are
past masters, the new Bill C-59 does not undo a single secret police
power in the former Harper government's Bill C-51. The act
continues the efforts
demanded by the imperialist system of states since the post-9/11 Anti-Terrorism
towards "modernizing" Canada's national security laws.
aim of this "modernization" is to enshrine and legalize the powers
already used illegally by state agencies against the people and to
streamline their use. The fact that this is what all the recent
"anti-terrorism" laws in Canada have done was made clear by the House
of Commons Standing Committee on Public Safety in May 2017 which noted,
"CSIS had been engaging in disruption activities for some time inside
Canada, although the [CSIS Act] did not expressly authorize it."
This now includes the legalization and
constitutionalization of military espionage and sabotage activities
already carried out by the Communications Security Establishment (CSE).
CSE activities, including cyberattacks and interference in foreign
countries, are now to be codified in the name of protecting national
security and Canada's democratic institutions.
With Bill C-59, the Anglo-Canadian state has apparently
recovered from the shame of the 1977-1981 McDonald Commission into RCMP
wrongdoing. The act explicitly legalizes every
nefarious activity the Commission cited as reason to curtail the RCMP's
role as political police and create the Canadian Security Intelligence
Service (CSIS). While Harper's 2015 Anti-Terrorism Act left
more or less ambiguous and subject to judicial discretion the
"disruptive" actions CSIS officers can take, Trudeau's Bill C-59
explicitly authorizes every tool
in the police kit of dirty tricks. With tongue in cheek, the Liberal
government claims the dirty tricks spelled out in the act fall short of
causing bodily harm or engaging in torture and
obstruction of justice, sexual assault and kidnapping. Everyone knows that similar rules for
CSIS and previously for the RCMP did not stop
those police state agencies from engaging in practices outside their
Refusing to address any serious concern with the police
powers in Bill C-51, the proposed act declares those and other powers
"constitutional." Using trite phrases, the government states that
nothing on the list of powers "authorizes the infringement of a right
or freedom guaranteed by the Charter." As was the case under
Bill C-51, these police powers are supposed to be subject to some kind
of judicial authorization, the hearings for which take place in
camera based on evidence the police themselves provide. Whereas
Bill C-51 required judicial authorization to violate the Charter,
now go before a judge in a secret court when an action would
"limit rights or freedoms under the Charter" to have the judge declare
that the Charter will not be infringed.
Bill C-59 doubles down on
the powers of CSIS and other agencies to criminalize and subvert all
those fighting for change. The act targets Canadians organizing for
constitutional arrangements that enshrine the rights of Quebec and the
Indigenous nations to self-determination and, importantly, the rights
of the citizenry to have decision-making power
vested in the people.
CSIS black ops and dirty tricks are explicitly directed
against not only "espionage, sabotage, foreign influenced activities"
and "terrorism," but also any "activities against the
constitutionally established system of government in Canada," which the
act labels "domestic subversion." Bill C-59 confirms that "advocacy
protest, dissent, and artistic expression
activities" can be subject to broad information collection and sharing
among state agencies if "any of these activities are carried out in
conjunction with activities that undermine the security
of Canada," using the virtually limitless definition of those
activities already found in Bill C-51.
Communications Security Establishment
The Liberals' Bill C-59 is further an aggressive,
warmongering piece of legislation that creates a legal veneer and
official authorization for the CSE and the surveillance and
cyberattacks it conducts against Canadians and foreign countries and
The CSE was established in secret in 1946 with its
existence not revealed until 1974. It was not officially recognized
until given a limited official mandate in the 2001 Anti-Terrorism
Act. The CSE occupies a 110,000 square metre headquarters in Ottawa
completed in 2015 at a cost of more than $1.1 billion. With over 2,000
employees, its annual
budget exceeds $600 million.
Despite being officially
prohibited from carrying out activities against Canadians, the CSE has
repeatedly been found to do so yet never held to account. Many of these
now to become "legal" including the collection and use of "publicly
available information" about Canadians. This includes the acquisition
of "aggregations [of information about individuals]
using modern technologies and then offered for sale by data-brokers."
Furthermore, the assurance that the CSE does not spy on
Canadians has been from its beginning duplicity at its worst. Through
its participation in the Five Eyes or ECHELON
surveillance arrangement with the U.S., UK, Australia and New Zealand,
each nation can spy on the citizens of the other Five Eyes and provide
that information to all members yet still
deny "legally" that each nation spies on its own people.
Not unlike what Bill C-51 did in officially expanding
CSIS powers from intelligence-gathering to "disruption," Bill C-59
changes the mandate of CSE from data-collection to
conducting "cyber-operations." The CSE "would be authorized to conduct
both "defensive cyber operations" and "active cyber operations." The
term "active" is a thinly-veiled euphemism for "offensive" or
Anti-People Aim and Mandate of Bill C-59
CPC(M-L) calls on Canadians to look seriously into the
question of whether these police state measures are to protect the
government of Canada against alleged nefarious foreign
actors, or to protect powerful private interests and disrupt the
people's resistance struggles and opposition to the denial of their
rights, especially the right to conscience and to organize
themselves for a new pro-social direction for the country.
The answer lies in what the bill
mandates. The new Bill C-59 mandates the CSE to "defend" private
organizations and networks including to "more extensively share
"the owners of critical infrastructure." The CSE's offensive role will
be used "in support of the government's broader strategic objectives"
and may include "action online to disrupt foreign
threats, including activities to protect our democratic institutions,
counter violent extremism and terrorist planning, or counter cyber
aggression by foreign states."
All of this is stated without providing a single
guarantee for the rights of the citizenry. The people are expected to
take comfort from the formation of new state agencies the Liberals
are creating to "review" the actions of their fellow state intelligence
agencies. And of course, as the Liberals always enjoy saying, the
Charter will not be violated, at least not
unless certain "reasonable limits" decided by the state have been
breached. In this scheme, Canadians are clearly fair game on whatever
grounds the state deems fit.
The Liberal fraud is to "legalize and
constitutionalize" in detail all the police state powers and how they
will be exercised. This means that according to the Liberals, now CSIS,
CSE and other agencies will operate within the rule of law and under
civilian control as outlined in Bill C-59. One example of the absurdity
of this claim regards the CSE. It is a military agency operating under
the Department of National Defence yet the Liberals claim it is
"accountable to the Privacy Commissioner of Canada, the Auditor
General, the Information Commissioner of Canada, the Canadian Human
Rights Commission, and the Commissioner of Official Languages." The
government contends CSE, and presumably its military headquarters and
generals, which by definition under the present constitution and state
arrangement operate outside the rule of law, will also be "accountable"
to a new government-appointed administrative position called the
Canadians exercise no control over any state agencies,
let alone CSIS, CSE and the military. Their police powers are by
definition above the rule of law and their "civilian control" is
subordinate to the police powers. The CSIS, CSE and the military, for
example its Joint Task Force 2, have been embroiled in repeated
scandals during recent years, not to speak of the RCMP wrongdoings
detailed in the McDonald Commission. These agencies are caught
red-handed doing something objectionable and outside the law; they or
the government, issue a statement that they will correct themselves and
then carry on with business as usual. This includes incidents which put
the lie to the claim that CSE does not collect information on
Canadians, and that CSIS does not infiltrate and try to subvert legal
institutions. CSIS was found to do just that, for instance, to the
Canadian Union of Postal Workers since the 1970s including infiltrating
The Liberal government has fabricated a story that its
anti-people "modernization" of Canada's spy agencies amounts to
increased "transparency" and "accountability." To fool the
gullible, it covers up its aim for increased police powers outside and
in opposition to any rule of law by presenting two different and
opposing demands, as if they are on par and
equilibrium can be found -- those of the state agencies for increased
powers, and those of Canadians to defend rights.
The Liberals state, "Successive CSE Commissioners have
called on the governments of the day to clarify ambiguities in CSE's
legislation and increase transparency. Canadians have
also been clear that they are looking for increased accountability and
transparency of their security and intelligence agencies."
As well, the creation of various new state agencies
appointed under the Prime Minister's prerogative powers -- an
"Intelligence Commissioner" to authorize various measures, a
"National Security and Intelligence Review Agency" to achieve the
much-vaunted goal of eliminating "siloing" of information amongst
agencies and a "Centre of Expertise on Information
Sharing" -- are all presented as measures strengthening accountability
rather than the further concentration of police powers to the detriment
of peace, freedom and democracy.
Canadians have clearly opposed the powers in Bill C-51
as well as those contained in earlier "anti-terrorist" legislation,
none of which seriously defined terrorism or what constitutes a
terrorist. Expanding the trend in Bill C-51, the Liberals' new security
Bill C-59 can paint as terrorist anyone who opposes the
"constitutionally established system of government in Canada"
or what "the government's broader strategic objectives" dictate as a
potential threat. Those targeted are subjected to police measures
contained in the mandates of the national security
agencies. The targets include the political movements of the people
against war and the violations of rights, those opposed to the
illegitimate institutions within the imperialist system of
states such as NATO, the G7, etc., which the government claims are in
the national interest, and the independent institutions of the working
class organized to defend its rights at the place
of work and to lead the building of the new.
Denounce Bills C-51 and 59 Across the Country
120th Weekly Picket Against Bill C-51 in Vancouver, June 20, 2017, the
day Bill C-59 was introduced. The picket honoured Comrade Charles
Boylan, Coordinator of the Working Group to Stop Bill C-51, who passed
away June 17, 2017.
CPC(M-L) calls on the Canadian working people, youth and
others to speak up against Bills C-51 and Bill C-59 from coast to coast
to coast. Canadians have found in recent years
repeated examples of state agencies themselves organizing alleged
terror plots and targeting the most vulnerable. Bill C-59 further
enshrines all these unacceptable anti-social, anti-people
and anti-national activities and wants them to be accepted as the new
Despite praise for Bill
C-59 and calls for supportive amendments from the Liberals' social
base, particularly those in the monopoly media, universities and
think-tanks, the fact remains
that Bill C-59 is even more dangerous than the Harper government's Bill
C-51. Similar to previous "anti-terrorism" bills, the changes to
Canada's security regime are not to counter foreign
threats to the so-called democratic institutions but are measures
dictated by the espionage agencies of the biggest warmongering foreign
powers to serve their empire-building and to repress
the people's striving for peace, democracy and freedom.
The measures do not answer to the needs of Canadians
whose security lies in their fight for the rights of all and not in a
police state. With the passing of Bill C-59 the people's lives
will become more insecure as a result of increasing state-organized
dirty tricks, black ops, defamation and disinformation, which will be
declared acceptable in practice and legal. Canadians
said No! to Bill C-51 and its secret police powers, which
contributed to the massive opposition to the ruling Conservative Party
of Stephen Harper. Canadians are now charged
with saying No! to Bill C-59 of the Trudeau Liberals. Affirm in
your thousands that No Means No!
Our Security Lies in Our Fight for the
Rights of All!
Constitution and Democratic Renewal
Must Provide Our Rights with a
All Out to Oppose the Trudeau Government's Police State Bill C-59!
No! to Bill C-59 Means No!
April 18, 2015 action against Bill C-51 in Vancouver.
1. The sole exception is the
reverting of the threshold
for judicial authorization for a recognizance order (peace bond)
against an individual to its pre-Bill C-51
level. "Under the proposed legislation, a recognizance would need to be
‘necessary to prevent' a terrorist activity instead of ‘likely to
2. Report 9 -- Protecting
Canadians and their Rights: A
New Road Map for Canada's National Security.
Documents provided by former U.S. intelligence
contractor Edward Snowden to the U.S. news website The Intercept
in 2015, show that with regards to CSE, "Canada's
electronic surveillance agency has secretly developed an arsenal of
cyberweapons capable of stealing data and destroying adversaries'
infrastructure...." See "Documents Reveal Canada's
Secret Hacking Tactics," Ryan Gallagher, The Intercept, May 23,
3. The explicit police powers
above the rule of law
given to CSIS include:
"altering, removing, replacing, destroying, disrupting
or degrading a communication or means of communication;
"altering, removing, replacing, destroying, degrading
or providing -- or interfering with the use or delivery of -- any thing
or part of a thing, including records, documents, goods,
components and equipment;
"fabricating or disseminating any information, record
"making or attempting to make, directly or indirectly,
any financial transaction that involves or purports to involve currency
or a monetary instrument;
"interrupting or redirecting, directly or indirectly,
any financial transaction that involves currency or a monetary
"interfering with the movement of any person; and
"personating a person, other than a police officer, in
order to take a measure referred to in any of paragraphs (a) to (f)."
4. This includes "defensive"
measures to "help protect":
"federal institutions' electronic information and
information infrastructures; and electronic information and information
infrastructures designated by the Minister as being of importance
to the Government of Canada."
As well as, "active" measures to "degrade, disrupt,
influence, respond to or interfere with the capabilities, intentions or
activities of a foreign individual, state, organization or terrorist
group as they relate to Canada's defence, security or international
5. See "Postal
about Bill C-51," Canadian Union of Postal Workers,
March 25, 2015.
6. For one example, see "Ongoing Court case
Over RCMP/CSIS Sting Operation," Renewal Update, February 8,
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