Madam Speaker, Bill C-377, introduced by the Conservative member for Bruce—Grey—Owen Sound, raises extremely important but sensitive issues.

The member is correct in saying that the current situation is not working and needs to be improved. When we talk about parliamentarians' access to classified information, there are two conflicting principles. Both of these principles are important, and so we must find a way to reconcile them before our deliberations come to an end.

On the one hand, there is responsible government, which is the very basis of democracy. Ministers are responsible for everything that happens in their departments. Cabinet members are collectively responsible for everything that happens in government. They are not accountable to the Holy Spirit, but rather Parliament.

We have a parliamentary system, and Parliament is the boss. The government must be accountable to Parliament, to the representatives of the people. To do that, Parliament must have access to all the information it needs, including documents that are to be produced.

When classified documents are involved, the situation is more sensitive. Those documents are classified secret for a reason, and disclosing them can be dangerous. Doing so can expose the identity of confidential sources, which burns them. It can make impossible co-operation with the intelligence agencies in friendly countries, which is necessary for ensuring security both at home and abroad. It can set off an international crisis or even uncover military secrets that would make us all vulnerable; it could cause an ongoing investigation to derail.

In the somewhat outdated words used in Bourinot, the old procedural guide that was consulted by the Chair during the Afghan prisoner crisis, it is important to preserve the roughly 140 years of collaboration between the House, the grand inquest of the nation, and the government, the defender of the realm. It is old language, but we understand the principle. When it comes to classified documents, there is no real mechanism that allows for this collaboration to work. This gap was made clear during the Afghan prisoner crisis and the Winnipeg lab crisis.

The Afghan prisoner crisis occurred under the Conservative government of Stephen Harper and the Winnipeg lab crisis under the current Liberal government. This is not a partisan issue. It is an institutional gap.

I want to say a few words about the story of the Afghan prisoners. In the wake of the September 11 attacks, the United States felt it had been the victim of aggression. It invoked NATO's collective defence clause and asked its allies for help. This marked the start of the Afghanistan campaign, in which Canada took part.

In 2007, whistle-blowers made some alarming statements to journalists. Whenever the Canadian army took prisoners, it handed them over to the Afghan government, at which point they were tortured. This contravenes international law. Of course, it was extremely serious.

In 2009, there was another leak. A memo prepared by Canadian diplomats in Afghanistan confirmed the 2007 allegations. The special committee on the war in Afghanistan asked to see the memo, but the government denied its existence. The committee asked to see all the documents relating to the affair, but the government refused. It was the start of a tug-of-war. The government eventually released 4,000 pages of documents, but so much had been redacted that it was impossible to know what information they actually contained. Worse still, new leaks showed that the redacted parts did not contain information that needed to remain secret. They contained information that was simply inconvenient to the government.

The Speaker confirmed that the House had a right to know. The House declared the Harper government in contempt of Parliament and the government fell in 2011.

However, this did not resolve the matter. The Harper government, which managed to win a majority because the Bloc Québécois had been weakened, created a committee of former judges and parliamentarians, all with security clearance. In the end, 40,000 pages of lightly redacted documents were made public in 2014 and confirmed the allegations.

Canada had indeed handed over some prisoners to the Afghan government. They were subjected to torture. Canada knew it. Soldiers and diplomats had concerns about it. They are not to blame. However, the government turned a deaf ear. Seven years had gone by. The practice had long since stopped. The Canadian army's combat mission ended in 2011. It was too late to do anything.

The Winnipeg lab affair is quite similar. In 2019, we learned that two researchers were fired and deported to China, but the government refused to say anything more. This was the start of another tug-of-war. The House asked for documents, and the government refused. The head of the Public Health Agency of Canada was found in contempt of Parliament and was admonished by the Speaker. The Liberal government, however, doubled down. Worse still, it took legal action against the Speaker of the House and then dissolved Parliament.

Last week, after a committee composed of security-cleared former judges and parliamentarians reviewed the documents, the report was finally made public. Our worst fears were confirmed: These two researchers were spying for the Chinese government. Five years had passed since the information first came to light. Clearly, the system is broken.

There is the National Security and Intelligence Committee of Parliamentarians, which the government legislated into existence in 2017. However, the story of the Winnipeg laboratory, which occurred two years after the committee was created, laid bare its limitations. Not only are its members bound to secrecy, but it does not report to Parliament. It does not really allow Parliament to do its job.

This is where Bill C‑377 comes in.

When it comes to giving access to classified documents, the government has two requirements. First, individuals must have security clearance. Second, the documents must be required in the course of the individual's work. In the case of civil servants with well-defined responsibilities, it is fairly difficult to determine whether they need access to a particular document. In the case of parliamentarians, it is more complicated. The government is accountable to Parliament for all its activities and the government should not have the right to decide what Parliament can legitimately investigate, which is essentially the situation we have now.

Bill C-377 proposes a simple solution. Proposed subsection 13.1(1) reads as follows:

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.

The bill respects the privileges of parliamentarians, so this is a step in the right direction. The government will no longer be able to decide, on a case-by-case basis and in a completely arbitrary manner, what a parliamentarian should have access to. However, Bill C-377 is missing something. Parliamentarians who have security clearance will have easier access to classified information. That is good, but they will obviously have to keep it to themselves. I do not know whether the House of Commons, as an institution, will be strengthened by this or how the situation will be any different from what we are experiencing with the National Security and Intelligence Committee of Parliamentarians, whose limitations we have seen.

The United States has the Gang of Eight. The government regularly provides this group with confidential briefings and access to documents. Who is on that panel? For each house of Congress, it is the leaders of both parties, plus the individuals responsible for intelligence in both parties. They must keep the information to themselves, of course, but having access to it guides their work, both in Congress or in the Senate, and at committee. This approach, in addition to giving representatives and senators access to information, feeds the institution and guides its work.

However, such an institutional mechanism is missing from Bill C-377. That is why I just said the bill is missing something. It is nonetheless interesting, and I sincerely thank the member for Bruce—Grey—Owen Sound for introducing it. The debate on this bill is important, very important indeed. The Bloc Québécois is approaching this in a non-partisan, open-minded way, because we are all interested. We remain open-minded, as we reflect and listen, which is the hallmark of a healthy parliamentary system.

Marilène Gill

$661,853.00