Response to the Supreme Court of Canada Decision in R. v. Tse Act

An Act to amend the Criminal Code

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to provide, in response to the Supreme Court’s decision in R. v. Tse, safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of that Act. Notably, the enactment
(a) requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4;
(b) provides that a person who has been the object of such an interception must be notified of the interception within a specified period;
(c) narrows the class of individuals who can make such an interception; and
(d) limits those interceptions to offences listed in section 183 of the Criminal Code.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 20, 2013 Passed That the Bill be now read a third time and do pass.

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

February 25th, 2013 / 12:25 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would say to the Minister of Justice that when one is seeking support from people, it helps to be nice to them.

Indeed, it is going to take quite a bit of mental gymnastics to ensure that a bill as important as Bill C-55 is given the attention it deserves. I cannot believe that the Minister of Justice and Attorney General of Canada is asking the 307 other members of this House to simply take a leap of faith and blindly accept this bill because we have an obligation imposed by the Supreme Court.

On this side of the House, we in the official opposition plan to work very hard on this. I can tell the minister that we will support this bill so that it can be sent quickly to the Standing Committee on Justice and Human Rights.

This will not stop us from doing our job in committee, as we always do, as the minister knows very well. We do not do this in order to systematically oppose the government. I hope I will not hear this from any Conservatives for the next 10 days, which is how long members of the Standing Committee on Justice and Human Rights will have to examine Bill C-55. I am very serious. The Supreme Court of Canada has set a deadline. We are not the ones asking for a favour here; rather, the government is, if it wants to meet the deadline.

I cannot believe that the brilliant legal minds at the Department of Justice took 11 months to draft Bill C-55. The fact is that the Conservatives made a serious mistake at the outset. They introduced Bill C-30 thinking that it would solve every conceivable problem related to wiretaps. I cannot exactly blame the Minister of Justice, since it was not his file. Rather, it was the Minister of Public Safety's file.

The Conservatives had to backpedal and introduce this bill with just a few weeks' notice. The members of the Standing Committee on Justice and Human Rights are meeting today, but they will not be studying this bill. They are meeting on Wednesday, but they will probably not study this bill then either. That leaves two days at most. On this side of the House, we promise to look at this bill closely and we will do our best to finish our study of it in time.

However, I would ask the government to be more open than it has been since we arrived in this House, since the 2011 election.

The official opposition makes some very good suggestions sometimes that would prevent the government from looking bad and ending up yet again with a case like R. v. Tse. In its ruling on that case, the Supreme Court said that there was a problem with the legislation. The government can keep saying, and rightly so, that section 184.4 of the Criminal Code already existed, that this provision has been around since 1993, before it came to power.

I am not really interested in knowing who to blame. I just want us to settle this issue. The Supreme Court was very clear. It pointed to the problem and to the aspects that were inconsistent with the charter. It set its findings aside for one year to give the government a chance to deal with this major legal void.

Often, that is why I ask the minister or his officials whether any serious, in-depth studies have been done before certain bills are introduced. From a distance, these bills may be well-meaning, but up close they create more problems because they are drafted so quickly. This will come back to haunt the Conservatives maybe not tomorrow, next month or in the next six months, but someday.

When I was a lawyer, I tried to prevent any future problems by anticipating problems that could come out of any document I wrote. As legislators, we should do the same.

We should not believe, as a Conservative colleague told the Standing Committee on Justice and Human Rights, that the courts will set things right if we make a mistake. I found that really ironic coming from a member of the Conservative government, which does not really have the greatest respect for what is known as judicial authority. When it suits them, the Conservatives rely on judicial authority to fix everything and set things straight.

However, I do not want to send people to court. This is not because I do not have faith in the courts. Quite the contrary. However, I know that it is very expensive, that the situation is not clear-cut and that there are problems accessing justice.

In this context, if we do our job properly in the House, if we draft bills that comply with our charter and our Constitution, we will solve many of the problems. After that, the courts will do their job, based on the circumstances.

The Supreme Court handed down its decision in R v. Tse. I urge all my colleagues in the House to read the decision before voting on Bill C-55. There is no need to read all 50 pages of the decision, whether in French or in English, but at least read the summary. It gives a good explanation of the problem arising from the section on invasion of privacy. Believe it or not, that is what it is called. In the Criminal Code, the section concerns invasion of privacy. However, according to the Supreme Court of Canada, this section is justified in the very specific context of certain offences. Section 183 of the Criminal Code explains in what context this section applies.

I would point out to my colleagues and to those watching that we are not referring to minor offences. We are talking about extremely serious situations such as sabotage, terrorism, hijacking, endangering safety of aircraft or airport and possessing explosives. I could repeat them all, but there is a good list in section 183.

This section on invasion of privacy pertains to very specific cases that must be considered within the context of the Canadian Charter of Rights and Freedoms. The authorities must ensure that the circumstances in question actually constitute an invasion of privacy. Most of the sections provide for some checks and require the Crown and the police to obtain certain authorizations. Section 184.4 has proven to be problematic in this regard because it is rather unclear about wiretapping. Unless an indictment was filed against the people in question, they would never know that they were being wiretapped. This problem therefore needed to be resolved. The Supreme Court gave directives to follow in such cases.

The Supreme Court often has more respect for the government than the government has for the Supreme Court. However, the Supreme Court still provides very general solutions and leaves it up to the government to draft bills.

Some clauses require more reflection and debate. I am not sure that the definition of “police officer” set out in clause 3 of Bill C-55 responds to the question that the Supreme Court of Canada will have to consider. The Supreme Court refused to rule on this specific issue because it had not been discussed before the court. Since the Supreme Court is very respectful of its role, it said that it did not have enough information to make recommendations to the government regarding this definition.

This will be examined in committee. The members of the Standing Committee on Justice and Human Rights will be able to ask representatives of the Department of Justice and the minister questions about how the definition was developed and what the basis for the definition was. The bill is not really clear on that. We will certainly have some good discussions in this regard.

I would also like to draw hon. members' attention to the provision that sets out the possibility of renewing certain authorizations for three months to three years. I am no longer talking about section 184.4.

I would like to reiterate that I am talking about the section that pertains to invasion of privacy. Is it reasonable to renew such authority for three years? These things should be discussed.

These bills sometimes appear to be straightforward at first glance, but prove to be more complicated when we really get into specifics.

And since the devil is in the details, I think that as legislators we have a duty to at least do our job seriously. If we do not, in six months or a year, the Supreme Court of Canada will render a decision that shows we did not do our job. It will take a look at what we did so it can determine what the legislator's intent was. It sometimes uses the debates from the House or the Standing Committee on Justice and Human Rights.

The legislator here refers to us. We must stop thinking that the legislator is some separate person within the confines of Parliament. The legislators are all of us, here in the House of Commons. If the Supreme Court wants to know the legislator's intent, it will look at what was said during the debates.

If the records show that there was no debate because the government waited until the very last minute to push a bill that has huge repercussions in terms of invasion of privacy—we are talking about invasion of privacy here—we must all, as good legislators, do our due diligence.

The bill will not be needlessly stalled, but I repeat to my colleagues opposite that they are the ones who need to get this bill passed as quickly as possible. They do not even have enough time to move the closure motions they love to use to prevent us from debating the bill, because in the time it will take to debate those motions, the bill will not even have had the time to get to committee or back to the House.

The Conservatives need the official opposition to help ensure that this bill passes. On behalf of the official opposition caucus, I can say that we are not in the habit of blocking something simply for enjoyment. We leave that kind of attitude to the members opposite. However, my colleagues and I will not sit back and listen to them say that the NDP supports criminals. If I hear anyone say that, I swear, I will talk so long at the Standing Committee on Justice and Human Rights that the Supreme Court will have time to replace seven out of nine justices before I am done.

Let us all do the work that we were sent here to do and let us be serious about it, so we can assure people that the Criminal Code has a section on the invasion of privacy. In the R. v. Tse case, all the necessary safeguards were in place to say that this is acceptable in a free and democratic society, considering the seriousness of the offences covered by section 183.

These are just a few of the points that need to be seriously examined in committee—but with good questions and good answers, and not by playing silly games or being secretive and pretending that everything was carefully considered. We must look for solutions.

Bill C-55 will probably pass by the deadline set by the Supreme Court, but I repeat that the government waited until the last minute. It should be ashamed of playing games with something as serious as this. I will not hold it against the Minister of Justice, since he had been steered in the wrong direction. The Conservatives started out on the wrong track with Bill C-30, and it took time for them to admit that and to withdraw that bill.

It is like finding out that a bad TV show was pulled from the lineup. Bill C-30 was finally pulled from the lineup. Thank goodness. It was replaced to a very small extent by Bill C-55. I do not want the people listening at home to think that Bill C-55 is a carbon copy of Bill C-30. That is absolutely not the case. It does what needed to be done. It amends a very specific section of the Criminal Code—section 183 and following—to answer the questions and carry out the orders of the Supreme Court of Canada.

Some of my colleagues will likely talk about the various provisions, but I want to speak to section 184.4, which is amended by clause 3.

That is quite possibly the most critical section in the decision in R. v. Tse, because it is exactly what the Supreme Court was referring to.

I would also like to draw the members' attention to something else that bothers me, and that is the clause about reporting authorized interceptions. Clause 5 of the bill covers authorizations and extensions for up to three years. Extensions are set out in clause 6 of the bill, specifically in the amendment to section 196.1. The clause mentions the initial 90-day period and states that an extension can be granted under subsection x, y or z for up to three years.

We should be looking into those aspects because they could have some serious implications. The definition of “police officer” should also be addressed. It is somewhat worrying, given what the Supreme Court said:

In the absence of a proper record, the issue of whether the use of the section by peace officers, other than police officers, renders this section overbroad is not addressed.

The Supreme Court is always careful to respond only to issues that are before it. Since the issue of who has the right to wiretap—in this case, peace officers—did not come before the Supreme Court, much to its credit, the court said that it would not rule on the issue. Generally speaking, the Supreme Court is not there to provide legal opinions, except when the government, regardless of which party is in power, lacks political courage and decides to go through the Supreme Court to be told what it has the right to do, whether it be with regard to the Senate, same-sex civil marriage or even Quebec's right to secede. These are some examples that come to mind.

This is often the strategy used by governments that do not want to stick their necks out. They hope that the Supreme Court of Canada will wave its magic wand and solve all of our country's political problems, which does not often happen, because the Supreme Court is actually very respectful of political power, our power to enact legislation. That is exactly what the Supreme Court did in this case.

The wording of the new definition of “police officer” seems a bit odd to me. It does not seem to be written in a typical fashion. It says:

“police officer” means any officer, constable or other person employed for the preservation and maintenance of the public peace

As I lawyer, I must say that the expression “[any] other person” is vague, and I never like to see this type of expression in provisions of the Criminal Code pertaining to invasion of privacy. Does this refer to security guards? This brings up so many questions for me.

What I would like to show my colleagues is that a bill that seems so benign and that is described by the minister as being “very straightforward” can be more complicated than we think. It is our job to point that out, particularly since this bill responds to a request from the Supreme Court of Canada that we go back to the drawing board. In my opinion, if we do not want the Supreme Court of Canada to give us another “F” for “fail”, we should at least take the time needed to do that.

I am ready to answer questions.

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

February 25th, 2013 / 12:15 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, to what degree is a minister representing the Government of Canada obligated to ensure, prior to the introduction of legislation, that there is some form of constitutional compliance? Does the government have a check in place to ensure that the legislation it is passing is, in fact, constitutionally compliant?

My second question is related to the previous question. The bill is being introduced today. In a relatively short time, a few weeks, we are expected to pass Bill C-55 straight through the system. The minister had the opportunity to introduce the bill months ago. One could accuse him of being negligent in terms of his own responsibilities by not bringing forward the bill in a more timely fashion that would have allowed for due diligence. I am wondering why it took him so long to introduce the bill.

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

February 25th, 2013 / 12:15 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the Minister of Justice for rising in the House to explain Bill C-55. We appreciate it.

We all know that we are on a tight deadline. April 13, 2013 is not that far off. The Supreme Court rendered its decision almost a year ago, and it basically told the government to get its act together. Bill C-55 was introduced a few days ago.

It reminds me of my university days. We would wait until the last minute to do our work, which sometimes yielded great results because we could come up with some great things at the last minute. However, there were also instances where we did not have enough time to ensure that there were checks and balances in place. I would like to ask the Minister of Justice a question about that.

This is an urgent situation. Since the government did an about-face by abandoning Bill C-30—which it felt would fix the issue—and since the Minister of Justice took on the task of making Bill C-55 more palatable, did he also take the time to speak with experts in his department to find out if the proposed amendments are in line with the Supreme Court decision in R. v. Tse?

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

February 25th, 2013 / noon
See context

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-55, An Act to amend the Criminal Code, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to rise to speak to Bill C-55, a response to the Supreme Court of Canada's decision in the R. v. Tse case. This important piece of legislation would ensure constitutional compliance of section 184.4 of the Criminal Code.

The bill we debate today is the government's response to the April 2012 Supreme Court of Canada's decision in the matter of Her Majesty the Queen and Tse.

In this case, the Supreme Court held that section 184.4 of the Criminal Code is conceptually sound but that it is constitutionally invalid in its current form because it does not provide for an after-the-fact notification requirement to persons whose private communications were the object of a wiretap interception pursuant to section 184.4.

The court suspended its finding of constitutional invalidity until April 13, 2013, to provide Parliament with time to remedy the defect of this provision, failing which section 184.4 of the Criminal Code would no longer be available to law enforcement agents. With the introduction of the bill, I hope that its provisions will receive the widespread support of all parliamentarians so that we can move forward with this essential investigative tool.

Before members consider the specific amendments proposed by the bill, I think it would be helpful for them to know the facts of the R. v. Tse case, because they illustrate how important section 184.4 is in practice, and more importantly, they show how critical it is that the police continue to have access to such an essential power in situations where every minute counts.

In the case I refer to, three persons were kidnapped one night in 2006. When the daughter of one of the alleged kidnapping victims began receiving calls from her father stating that he was being held for ransom, the police used the power provided to them under section 184.4 of the Criminal Code to carry out interceptions of the communications without prior judicial authorization. It had become clear to them that the victims were at serious risk of being harmed and that a wiretap was the way to assist in providing critical information about the situation at hand.

Since lives were at risk, the police could not afford to lose time by following the regular process and preparing all of the paperwork required to obtain a regular wiretap judicial authorization beforehand. Neither could they, given the imminent danger involved, obtain an emergency wiretap under section 188 of the Criminal Code. Section 188, which does allow for a more streamlined process to obtain a temporary judicial authorization to intercept private communications, still requires some paperwork and the availability of a designated peace officer and a specially designated superior court judge.

In the Tse case, the police determined that there was no time to go through either the regular elaborate wiretap process or the so-called emergency process to obtain the authorization to intercept the private communications. Accordingly, they relied on section 184.4 of the Criminal Code to perform wiretap interceptions without a judicial authorization.

When the case went to trial, the accused argued that section 184.4 was unconstitutional because it did not offer the usual privacy protections that are provided when a full-blown wiretap authorization is issued by a judge, which is the mechanism that police usually rely on to intercept private communications.

The judge found that in the circumstances at hand, the use of a wiretap without a judicial authorization could be justified; the court also held, however, that more safeguards should be built into section 184.4 to ensure that this exceptional power was used appropriately.

The trial court was particularly concerned about the lack of any requirement for officers to, first, give notice to those persons whose communications had been intercepted and, second, to report their use of section 184.4 of the Criminal Code.

As a result, the trial judge in British Columbia declared the provision unconstitutional and gave Parliament a deadline to remedy the constitutional shortcomings. Since then, trial-level courts in Quebec and Ontario have made similar rulings.

The crown appealed the declaration of unconstitutionality in R. v. Tse directly to the Supreme Court of Canada which, as I mentioned earlier, confirmed the constitutional invalidity of section 184.4 but suspended the effect of that declaration until April 13, 2013.

The Supreme Court of Canada also provided some helpful direction with respect to privacy safeguards that could be added by Parliament to improve the provision.

Bill C-55 therefore proposes to amend section 184.4 of the Criminal Code so that it remains available in life-threatening situations while offering appropriate privacy protections.

It is critical for members to also understand that section 184.4 does not exist in a vacuum. It is part of a broader spectrum of wiretap powers provided for in the Criminal Code.

Part VI of the Criminal Code was created nearly 40 years ago, in 1974. Entitled “Invasion of Privacy”, part VI criminalizes the wilful interception of private communications, subject only to a few exceptions. Part VI contains numerous privacy protections and stringent tests to ensure an appropriate balance between investigative needs in pursuit of criminal justice and the privacy of Canadians.

The provisions contained in part VI of the Criminal Code have evolved from the two originally enacted types of authorizations—regular and emergency wiretaps, sections 186 and 188 respectively—to the five provisions for wiretaps that we have today.

These five different types of wiretaps form a spectrum of police interception powers that range from a high level of judicial oversight for the purpose of obtaining evidence of a crime, which could be described as investigative wiretaps, to no judicial oversight when the purpose is to prevent an imminent harm, or what could be described as preventive wiretaps. Section 184.4 of the Criminal Code falls into that latter category.

Section 184.4, the preventive wiretap, allows peace officers to intercept private communications without any judicial authorization in situations of imminent harm. It is designed to be used in order to prevent an unlawful act which a police officer believes on reasonable grounds would cause serious harm to a person or property.

The peace officer also has to believe, on reasonable grounds, that the person whose communications are to be intercepted is either the person who plans to commit the offence that is likely to cause the harm, or the victim or intended victim of the harm.

Importantly, the peace officer must also rule out the possibility of obtaining any other type of wiretap authorization contained in part VI.

Section 184.4 is designed to allow police to prevent serious harm to persons or property and to save lives in the most extreme cases. In high-stakes situations like bomb threats, every minute lost can be a game changer, and gathering evidence of the crime is a secondary consideration.

However, this does not mean that this power is without any judicial oversight. As was recognized by the Supreme Court, while this provision “allows for extreme measures in extreme circumstances”, the police know that their ability to intercept private communications without judicial authorization in exceptional circumstances under this section diminishes with the passage of time.

The court also noted that once the police start wiretapping in such circumstances, the speed with which they can obtain the follow-up judicial authorization plays a role in assessing whether this section passes constitutional muster. If the police do not proceed to seek the appropriate authorization when circumstances allow, they risk non-compliance if they continue interception under section 184.4. Thus, even in cases in which the situation allows for an interception under section 184.4, given the imminent harm or danger, steps need to be taken to regularize the process and the police need to start as soon as possible to prepare an application for a judicial authorization under section 188 if there is still urgency, or through the regular process otherwise.

This is exactly what happened in the Tse case. Twenty-four hours after having intercepted private communications in accordance with section 184.4 of the Criminal Code, the police obtained a judicial authorization to continue those interceptions.

Given the broad spectrum of wiretap powers and the parameters within which the police operate in urgent situations, I hope that we can all agree that it is absolutely necessary for police to continue to be able to get these communications without judicial authorization in exceptional circumstances in order to prevent serious harm.

However, the Supreme Court of Canada has clearly said that in order to retain this essential tool in a way that does not contravene the Constitution, the privacy provisions provided in section 184.4 of the Criminal Code need to be improved by requiring the police to notify, after the fact, persons who were the object of the wiretap interception. Therefore, Bill C-55 proposes to do not only this, but to also add other safeguards into section 184.4 consistent with our objective of ensuring the safety and security of Canadians while protecting their right to a reasonable expectation of privacy. This critical balance is reflected in the bill.

Bill C-55 proposes an amendment that would require persons whose private communications have been intercepted to be notified of that interception once the interception is complete. As is currently the case in the Criminal Code for other wiretap authorities, Bill C-55 would require that such a notification be provided in writing within 90 days of the interception unless an extension is granted by a judge. Notification ensures that those whose private communications have been intercepted will be made aware of that fact so that they can exercise important rights, including their right to a fair trial.

Requiring after-the-fact notification for section 184.4 is clearly what is required by the Tse decision to pass constitutional muster. However, our bill goes further by proposing another safeguard to better protect the privacy of Canadians.

Section 195 of the Criminal Code currently requires yearly reports to Parliament on the extent of the use of electronic surveillance. This provision provides a detailed list of information to be included in the annual reports. By adding section 184.4 of the Criminal Code to the list of wiretaps that need to be reported, the bill would require the federal Minister of Public Safety as well as provincial Attorneys General to prepare a report each year on the use of this particular section, consistent with the existing reporting requirements under section 195 of the Criminal Code for other types of wiretaps.

As spelled out in the bill, the reports would include, for example, information about the number of interceptions and notifications, the methods used, and the number of persons arrested whose identity became known to a police officer as a result of the interception.

If Parliament and the public in general know how and how often these powers are used, it will be possible to review their use on an annual basis, thereby assisting to ensure that these powers are only used in appropriate situations. This, in turn, would allow Parliament to make adjustments, if necessary.

Another safeguard proposed by Bill C-55 would limit the use of the Criminal Code to specific offences only. Currently, the law permits section 184.4 to be used in respect of any unlawful act. While the unlawful act has to be one that would cause serious harm to any person or property, the concept of unlawful act could be made clearer. That is why the bill proposes to limit the use of section 184.4 to the offences listed in section 183 of the Criminal Code. This limit already applies to most other wiretap authorizations. It would create certainty for police so that they could easily determine whether this investigative tool is available in the situation they are dealing with.

Finally, the bill proposes to restrict a class of persons who can use this authority to police officers only. Currently, the authority under section 184.4 is available to peace officers, which is defined in the Criminal Code to include not only police officers but also a wide range of officials, including fishery guardians, mayors and customs officials.

This proposed amendment accepts the Supreme Court of Canada's suggestion in R. v. Tse to consider whether the availability of the provision to peace officers generally might be overly broad. The court declined to address this situation in the absence of a proper record, but that is not to say that it could not come up in the future.

This legislation would not only remedy the constitutional defect of section 184.4 of the Criminal Code but would enhance the safeguards associated with this provision that allow police to intercept communications without judicial authorization in situations where there is an imminent and serious risk of harm to any person or property. The amendments are specifically intended to reduce privacy concerns and to increase accountability and transparency.

I hope the bill can be passed quickly to meet the April 13, 2013 deadline imposed by the Supreme Court of Canada. Passing this legislation would ensure that we continue to have the tools necessary to obtain information required to deal with exceptional situations, such as kidnapping, while at the same time respecting the privacy rights of Canadians.

I urge all members of the House to give this legislation their full support.

Business of the HouseOral Questions

February 14th, 2013 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I welcome the implicit offer of assistance from the House Leader of the Official Opposition.

I look forward to discussions with him later on the possibility of moving forward both Senate reform and Bill C-12 on a unanimous consent basis straight to committee. I would be happy to do that with him.

This afternoon we will continue debating the Liberal opposition day motion. Tomorrow we will hopefully finish second reading of Bill C-48, the Technical Tax Amendments Act, 2012, a measure supported by all three parties. After that we will turn to third reading of Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act; third reading of Bill S-7, the Combating Terrorism Act; and second reading of Bill S-12, the Incorporation by Reference in Regulations Act.

When we return from our constituency week on Monday, February 25, we will start second reading of Bill C-55, the Response to the Supreme Court of Canada Decision in R. v. Tse Act. This bill needs to be passed by mid-April before the Supreme Court ruling takes effect, which would render the important powers available to police ineffective.

After Bill C-55, we will consider Friday's unfinished business.

Tuesday, February 26, shall be the fifth allotted day, which will go to the Official Opposition, and it will therefore choose the subject of debate.

On Wednesday and Thursday, we will continue debating the bills I have already listed.

Additionally, Bill C-47, Northern Jobs and Growth Act, was reported back from committee yesterday, and I anticipate Bill S-9, Nuclear Terrorism Act, will be reported back soon. So we could also call these bills at report stage and third reading, if we have extra time next week.

Finally, on Friday, March 1, the House will start the second reading debate on Bill C-54, Not Criminally Responsible Reform Act. The Prime Minister announced this bill last week as part of our efforts to ensure we have a justice system that puts the rights of victims first.

Response to the Supreme Court of Canada Decision in R. v. Tse ActRoutine Proceedings

February 11th, 2013 / 3:05 p.m.
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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-55, An Act to amend the Criminal Code.

(Motions deemed adopted, bill read the first time and printed)