Evidence of meeting #9 for Declaration of Emergency in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was laws.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Joint Clerk of the Committee  Mr. Paul Cardegna
François Daigle  Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Peter Harder  Senator, Ontario, PSG
Joint Chair  Hon. Gwen Boniface (Senator, Ontario, ISG)
Claude Carignan  Senator, Quebec (Mille Isles), C
Larry W. Campbell  Senator, British Columbia, CSG
Jenifer Aitken  Acting Assistant Deputy Minister, Central Agencies Portfolio, Department of Justice
Rob Stewart  Deputy Minister, Department of Public Safety and Emergency Preparedness

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Some or all, sir?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

We'll see. I think we have to assemble them and go through them and see which ones we can produce without breaching some laws. Our hope is that by the end of the month we'll be able to pull those together.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Did you conduct other consultations with departments and agencies to seek advice?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

As I said, I participated in meetings with client departments throughout this, from mid-February—

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Would you be willing to provide the committee with details of the consultations you had with other departments pertaining to this as well?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

As I said, we're going to be pulling documents together we can provide in order to respond to the motion that—

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Which documents could you not provide?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

Excuse me...?

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Which documents are you unwilling to provide or refusing to provide?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

As I explained, my minister appeared on the 26th and said that he wouldn't be providing legal opinions, so those are the instructions I have right now. If the government is going to decide otherwise, before the 30th, we'll let you know.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Notes on consultations and briefing documents would not be legal opinions, necessarily. Would you be willing to provide those?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

As I said, I am working with Public Safety and other departments to pull those documents together. We will be providing a set of documents to help the committee with their deliberations.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Will that include security assessments?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

I don't know if it's going to provide security assessments. You'll have to ask Public Safety and the other departments responsible for those reviews.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Of course, given the stories.... You stated on the record, in your opening remarks, that there were no special orders in council. You said that emphatically. Then, of course, there was a story of two that were within the dates of the Emergencies Act. Is there a possible scenario where secret orders in council wouldn't have come to you, or you wouldn't know about them?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

I can guarantee you that there are no secret orders related to the Emergencies Act.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Is it just a coincidence that they happened to fall within those?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

As far as I can tell, it's a coincidence. I haven't looked at the other two secret orders, those two orders that are reported, but I can tell you that all of the orders related to this have been made public.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

You haven't looked at them, but you can state with assurance that they're not part of this. How is that so, sir?

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

Because I've been involved in all of the orders related to the Emergencies Act.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

A secret order in council wouldn't require your involvement.

7:10 p.m.

Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice

François Daigle

If there were another order related to the Emergencies Act, whether secret or not, I would know about it. I don't know about a secret order and, therefore, it doesn't exist.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Okay.

7:10 p.m.

Bloc

The Joint Chair Bloc Rhéal Fortin

Right.

Thank you, Mr. Chair.

7:10 p.m.

NDP

The Joint Chair NDP Matthew Green

Thank you very much. We will now go on to Senator Boniface.

Senator, the floor is yours, for five minutes.