On June 9, 2015, the Canadian Senate passed the controversial Bill C-51. Bill C-51, colloquially known as the “Anti-Terrorism Bill” passed with 44 votes in favour and 28 votes against. The Government is now awaiting royal assent from the Governor General of Canada. The primary stated purpose in enacting this Bill was to expand the mandate of the Canadian Security Intelligence Service (“CSIS”). The Bill addresses threats against Canadian National Security, including: “stopping the promotion of terrorism”; “preventing terrorists from recruiting others”; and “disrupting terrorist plots and preventing planned attacks”. The Bill makes four notable enactments and amendments. Firstly, the Bill enacts the Security of Canada Information Sharing Act, and makes amendments to corresponding Canadian Acts.  This Act allows information to be shared between various institutions within the Government of Canada that have jurisdiction, or responsibilities, with respect to the security of Canadian Citizens. For example, amendments will be made to the Customs Act, which will allow the Canada Border Services Agency to share traveler information with Citizenship and Immigration Canada. The Act does provide limitations to the information sharing. Information can only be shared between the designated Canadian Government Institutions, and only when it is relevant to national security. The Office of the Privacy Commissioner will be responsible to investigate potential violations against citizens’ privacy rights. Secondly, the Bill enacts the Secure Air Travel Act. This Act will provide a legislative framework for identifying individuals who may engage in an act that poses a threat to transportation security or those who may travel by air for the purpose of committing a terrorism offence. Individuals found in contravention of the Act will face fines and/or imprisonment. The Minister of Public Safety and Emergency Preparedness will be responsible for creating a list of the potential threats and will authorize direct air carriers to take action in preventing these threats. This includes the authorization of inspections and issuance of compliance orders. This list will be periodically reviewed and updated. Limitations will be placed on the collection, use, and disclosure of this information, and an appeal process will be created for individuals affected by actions taken or decisions made under this Act. Thirdly, the Bill makes amendments to the Criminal Code by making changes to recognizance orders to “keep the peace”, related to terrorism offences and activities. Judges are provided with a new statutory test, or threshold, when determining recognizance conditions regarding passports, and the maximum sentence with respect to breaches of these orders has been increased. There are also administrative changes, allowing for hearings to be conducted by video conference, and for orders to be transferred to different territorial divisions. The Code is also amended to create an offence for “knowingly advocating or promoting the commission of terrorism offences in general”, and to provide for increased security measures for witnesses in protection. Fourthly, the Bill amends the Canadian Security Intelligence Service Act. The amendments authorize the Federal Court to give effect to warrants issued under this Act. It also creates new reporting requirements, and new independent review processes for CSIS which are stated to reduce threats to Canadian Security. Bill C-51 has resulted in a significant amount of controversy and skepticism by the Canadian Public, particularly regarding their privacy rights. Provisions for review, investigation, and stated limitations on use and disclosure of private information have been created to limit any intrusions on privacy; however, the efficacy of these provisions is yet to be determined. About the author: Richika is an associate in the Regina office and practices in the areas of civil litigation, insurance law, health law, and criminal law. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.