Declaration of Emergency Committee on May 31st, 2022

[Vernon White]

Yes, but if we take the full three hours....

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

Oh, we take the full three hours—yes. Then 3 is pretty well gone, so 3 would be removed at this point in time, and number 4 would become 3.

[Rachel Bendayan, Liberal, Outremont, QC]

If that is being moved as an amendment, and if I'm reading the room correctly, I think that certainly would be acceptable to me. It would be unfortunate, of course, not to have the Parliamentary Protective Service, but we can schedule them for the next session.

Just to be clear, we would be calling only Bell and not Sloly. Is that correct?

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

I think Sloly is on the list for another time, by himself.

[The Joint Chair, Bloc, Rhéal Fortin]

To summarize, on June 7, we would have a representative of the Department of Justice and another representative from the Department of Public Safety, for an hour and a half each.

Am I right?

At the meeting on June 14, we'll have the Deputy Prime Minister and Minister of Finance and the President of the Queen's Privy Council for Canada, also for an hour and a half each.

Then, at the meeting on June 21, we would have Commissioner Carrique, from the Ontario Provincial Police, accompanied by a senior officer, and the Acting Chief of the Ottawa Police Service, Steve Bell, accompanied by the Deputy Chief, Ms. Ferguson. And again, it would be an hour and a half for each group.

Have I understood?

Is there unanimous agreement?

(Amendment agreed to [See Minutes of Proceedings])

(Motion as amended agreed to [See Minutes of Proceedings])

[The Joint Chair, Bloc, Rhéal Fortin]

Mr. Motz, do you want to speak?

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

Are we done with this now? We're done with this one?

[The Joint Chair, Bloc, Rhéal Fortin]

Yes, we have now got to your motion. Go ahead.

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

Thank you very much. I just wanted to make sure, because the translation does a good job, but my ears don't always pick it up, and then my brain has to digest it, so I'm a little slower than normal on the uptake.

Let's move forward then, if I may, Chair, to move that we resume the documents motion conversation or discussion. If possible, could I ask the clerk to read that motion again into the record, please? Then I will have some comments after that.

[Arif Virani, Liberal, Parkdale—High Park, ON]

In the interests of time, Mr. Motz, is that necessary? We all have it.

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

Was it read into the record in an in camera session or was it read into the record in a public session?

[Arif Virani, Liberal, Parkdale—High Park, ON]

I have no recollection.

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

I don't either, and that's why it's important, I think, to have it read into the record publicly.

[The Joint Clerk of the Committee, Ms. Miriam Burke]

It will be in the minutes.

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

I'm looking at the importance of having it read into the record, not for our minutes but for those who will be joining us online, so they know exactly what we're talking about.

[The Joint Chair, Bloc, Rhéal Fortin]

Given that it's a fairly long motion, it wouldn't be a bad idea to read it again. I believe I recall that Ms. Bendayan had amendments to propose to this motion. I think it would be worthwhile to make sure we clearly understand what's involved. So I invite the clerk to read the motion again.

Yes, Mr. Brock?

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

While the clerk is doing that, it would be my request as well—because I am aware that Ms. Bendayan's subamendment was discussed in camera—that the clerk read that into the record as well.

[The Joint Chair, Bloc, Rhéal Fortin]

That's fine with me.

Madam Clerk, are you ready to read it for us?

[Rachel Bendayan, Liberal, Outremont, QC]

Mr. Chair, that was part of the discussions that can't be made public right now.

I'm quite comfortable presenting my amendments, but I think it's up to me to present them.

[The Joint Chair, Bloc, Rhéal Fortin]

No problem, that's fine with me.

So the clerk will read Mr. Motz's motion, and then, if Ms. Bendayan wants to propose an amendment, we will hear it.

Madam Clerk, the floor is yours.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Just to be crystal clear, Mr. Chair, anything that was discussed in camera remains in camera, and all that she's reading is the text of the motion. Is that correct?

Good. Thank you.

[The Joint Clerk, Ms. Miriam Burke]

The motion is to resume debate on the motion of Mr. Motz moved on March 24. Is that correct?

That an order do issue for all security assessments and legal opinions which the government relied upon in determining that

(a) the threshold of “threats to security of Canada”, as defined by section 2 of the Canadian Security Intelligence Service Act, required by section 16 of the Emergencies Act, had been met;

(b) the thresholds required by paragraphs 3(a) or (b) of the Emergencies Act, concerning a “national emergency” had been met;

(c) the situation could not “be effectively dealt with under any other law of Canada”, as required by section 3 of the Emergencies Act;

(d) the emergency measures regulations were compliant with the Canadian Charter of Rights and Freedoms, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act; and

(e) the emergency economic measures order was compliant with the Canadian Charter of Rights and Freedoms, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act,

provided that

(f) these documents shall be deposited with the Law Clerk and Parliamentary Counsel of the Senate, the Law Clerk and Parliamentary Counsel of the House of Commons and any legal counsel which the committee may appoint, in both official languages, within one month of the adoption of this order;

(g) a copy of the documents shall also be deposited with the law clerks and any legal counsel which the committee may appoint, in both official languages, within one month of the adoption of this order, with any proposed redaction of information which, in the government's opinion, could reasonably be expected to compromise national security or to reveal details of an ongoing criminal investigation, other than the existence of an investigation;

(h) the law clerks and any legal counsel which may be appointed by the committee shall promptly thereafter notify the co-chairs whether they are satisfied the requested documents were produced as ordered, and, if not, the co-chairs shall be instructed to present forthwith, on behalf of the committee, a report to each House outlining the material facts of the situation;

(i) the co-chairs shall cause the documents, as redacted pursuant to paragraph (g), to be distributed to the members of the committee and to be published on the committee's website forthwith upon receipt;

(j) the law clerks and any legal counsel which the committee may appoint shall discuss with the committee, at an in camera meeting, to be held within two weeks of the documents being distributed pursuant to paragraph (i), whether they agree with the redactions proposed by the government pursuant to paragraph (g), provided that, upon the request of the government when depositing the documents, the co-chairs shall be instructed to present as soon as possible, on behalf of the committee, a report to each House recommending that this meeting, or any subsequent meeting where the discussion is continued,

(i) shall, notwithstanding the order of the Senate adopted on March 3, 2022, not be subject to the provisions of paragraphs (a) to (c) of the order of the Senate adopted on February 10, 2022, respecting senators on standing joint committees,

(ii) shall, notwithstanding the order of the House of Commons adopted on March 2, 2022, not be subject to the provisions of paragraph (r) of the order of the House of Commons adopted on November 25, 2021, and

(iii) may, if the Committee decides, be held outside of either House's precincts, but within the National Capital Region, at a location acknowledged by the government to be appropriate for the discussion and presentation of highly classified information; and

(k) the committee may, after hearing from the law clerks and any legal counsel which the committee may appoint, pursuant to paragraph (j), accept the proposed redactions, or reject some or all of the proposed redactions and request the production of those unredacted documents in the manner to be determined by the committee.

[The Joint Chair, Bloc, Rhéal Fortin]

Thank you, Madam Clerk.

That is the right motion, isn't it, Mr. Motz?

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

Yes, it is. Thank you very much. I appreciate—

[The Joint Chair, Bloc, Rhéal Fortin]

I will give you the floor to speak to your motion, but I see that Mr. White also wants to speak. If there are other members who wish to speak after that, just raise your hand and I'll make a note of the names.

Mr. Motz, the floor is yours.