Declaration of Emergency Committee on March 14th, 2022

[The Joint Chair, NDP, Matthew Green]

Prioritized—

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Very good. Thank you.

[The Joint Chair, Hon. Gwen Boniface]

Just for clarity, Mr. Motz, since you also raised the issue on when we would meet again, we don't have a date at this point. I checked with the clerk earlier. That will be circulated as soon as we get clarity from the leadership.

Mr. Brock.

[Larry Brock, Conservative, Brantford—Brant, ON]

On that question, I know I can't speak on behalf of everyone on this committee, but certainly my colleague Mr. Motz and I came to Ottawa to work. We changed our vacation plans and our March break plans and we came here to work. I'm prepared to sit this week if necessary, between sessions, between our non-sitting weeks. I'm prepared to sit.

I'm listening to what my Liberal colleagues have indicated—that we don't have an unlimited amount of time—but we need to prioritize this committee and take it as seriously as we can. I think we would be remiss if we did not take this opportunity, with the time we have, to actually, at the very least, schedule our next meeting, as opposed to waiting for some input from the House leader's office. Why can't we deal with that today?

[The Joint Chair, Hon. Gwen Boniface]

I don't disagree. I think our issue is trying to fit within the agenda of the availability of staff and suchlike. We anticipate that we will meet next week. I just can't give you a date and time at the moment.

Am I correct, Mr. Clerk?

[The Joint Clerk, Mr. Paul Cardegna]

My understanding is that the matter of when the committee will sit next has been raised at the level of the whips. I have not heard any news as to any decision taken by the whips. I know that the whips of the House of Commons are discussing the matter. They will then speak with our counterparts in the Senate, and when there is an agreement as to when they are sitting next, they will inform me, and we will inform the chairs. That's my understanding of where the discussions are at this time.

Thank you.

[The Joint Chair, Hon. Gwen Boniface]

Thank you.

I think we share your concerns in terms of ensuring that the committee moves along, so thank you for that.

Mr. Motz.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

I'd like to add just one more thing.

As Mr. Brock said, I am sure all of us on this committee are here to work, but for me to get here it takes a day, and I can't just do that on a whim because, as we know, flights are not what they used to be.

If we could have some flexibility there.... A meeting just at the drop of a hat tomorrow may not work for me. I might get here just as you guys are wrapping up, which is probably good for you guys but not necessarily for me.

Just keep that in mind when we have these conversations. Having some dialogue ahead of time to set some days in advance so we can all get our calendars together and try to do a SurveyMonkey of what days work the best, I think, would work really well.

[The Joint Chair, Hon. Gwen Boniface]

I think we're all of the same view. We're trying to get some standard timing, and we would then give you significant notice in advance.

Ms. Bendayan.

[Rachel Bendayan, Liberal, Outremont, QC]

Thank you, Madam Chair.

I just want to express my agreement with my colleagues opposite. We have all made extraordinary sacrifices to make this a priority in our work. I was very glad to make the trip to Ottawa to be here in person, and I think everybody around the table is in agreement that the work this committee is about to undertake is absolutely critical and actually historic, so I encourage the whips to continue discussions so that we may meet quickly and regularly.

Thank you.

[The Joint Chair, Hon. Gwen Boniface]

Mr. Naqvi, do you have something to add?

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Absolutely, and in the spirit of getting down to work, Madam Chair, I wonder if I can request that the analysts provide a copy of all debates and committee proceedings from both the House of Commons and the Senate from when the Emergencies Act was debated in 1987.

[The Joint Chair, Hon. Gwen Boniface]

That's to the analysts.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Thank you.

[The Joint Chair, Hon. Gwen Boniface]

As chair, I had made a request as well, or discussed with my colleagues, perhaps looking at the Hansard from the initial debate on this issue back at the establishment of the act, and I wonder if the analysts could also bring that forward so all members could have a chance to look at it.

Mr. Green and then Mr. Motz.

[The Joint Chair, NDP, Matthew Green]

On that, with the briefing and given the nature of debates, I know that we had legal counsel present and I'm wondering if, for the good and welfare of this committee, any definitions of terms or interpretation of terms as they have been defined within the legislation or contemplated could also be added in the briefing notes.

I say that because, as was referenced earlier, we want to make sure we're debating from the same set of terms and definitions and understanding. I would say that in my initial glance at the legislation, I found some significant cases of ambiguity. Where legislation contains ambiguity, it is often taken, at least to my understanding, as allowing for a liberal—a very small “l” liberal—interpretation. A “wide application” would, I think, be a more appropriate, non-partisan term, but I thank my honourable colleague for that.

In addition to any briefing notes, if any types of definitions of terms could be added to help give us an overarching common space for debate, that would be helpful as well.

Thank you.

[The Joint Chair, Hon. Gwen Boniface]

I'll just let the analysts reply first, in case there is something specific they want to clarify.

[Stephanie Feldman]

I think we'd just like to make sure the committee is aware that the Library of Parliament analysts cannot give legal advice. They can only do legal research and provide legal information.

In terms of defining the meaning of specific terms in the Emergencies Act, that might be borderline legal advice, so we just wouldn't want to get into that realm.

[The Joint Chair, Hon. Gwen Boniface]

Mr. Motz, do you have a final word?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

I don't get to have the final word very often, but I will take advantage of it, Madam Chair. Thank you.

Can we add to the motion or suggest that the analysts also include what has occurred at committee already for this invocation, not just for the previous, historical, one?

I know the public safety committee has already had this conversation, and I don't know if there has been anything in any other committee, but if the conversations by any other committee that has dealt with this Emergencies Act could be included in that material, that would be very good.

It would be National Defence and Public Safety, I know...Finance?

[The Joint Chair, Hon. Gwen Boniface]

Yes. Perhaps they could search committees at which this matter has been discussed and provide that to the committee members.

Does that cover what you're looking for, Mr. Motz?

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Thank you.

[The Joint Chair, Hon. Gwen Boniface]

Okay.

Thank you very much, everyone. We're over time, and I apologize for that.

On behalf of Mr. Fortin, Mr. Green and myself, we appreciate the opportunity to co-chair this committee. If there are no other words, we'll adjourn.