Finance Committee on June 3rd, 2021

[Julie Dzerowicz, Liberal, Davenport, ON]

Thank you so much, Mr. Chair.

I want to thank Ms. Paquet for the explanation.

Could you tell us a bit more about the ruling from the Ontario Superior Court of Justice?

[Manon Paquet]

Sure. Thank you for the question.

The court decision was about the constitutionality of section 91. Even though there was an intent within the provision itself, imparting the intent to affect the outcome of elections, the court ruled that the knowledge requirement to know that the statement was false was not clear within the provision. The amendment would explicitly include that knowledge requirement.

[Julie Dzerowicz, Liberal, Davenport, ON]

Thank you. I have a follow-up, if it's okay, Mr. Chair.

Ms. Paquet, can you kindly refresh my memory on section 91?

[Manon Paquet]

Of course.

Section 91 prohibits specific types of false statements regarding candidates, prospective candidates, the leader of a political party or a public figure associated with a political party. It only applies during the election period. It's for a statement, for example, that one of those persons would have done something illegal, or a statement regarding citizenship, place of birth, education or professional qualifications, so factually verifiable information.

[Julie Dzerowicz, Liberal, Davenport, ON]

Thank you.

Can I have one more small question, a definition one?

[The Chair, Liberal, Wayne Easter]

You can have one more small question, and then we'll go to Mr. Kelly.

Go ahead.

[Julie Dzerowicz, Liberal, Davenport, ON]

Thank you, Mr. Chair.

Could you just define for us what “knowledge requirement” means?

[Manon Paquet]

It would clarify that the individual making the statement needed to know that the statement was false.

[Julie Dzerowicz, Liberal, Davenport, ON]

Thank you.

[The Chair, Liberal, Wayne Easter]

Does your explanation also relate to clause 363 so that we can deal with these two together?

[Manon Paquet]

Clause 363 is about the coming into force. It comes into force with royal assent.

[The Chair, Liberal, Wayne Easter]

All right.

Mr. Kelly.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Chair, I quickly want to flag that there will not be consent to extend the meeting.

We're down to literally the last bit here. If we're not able to vote on these clauses by 5:30, we'd be prepared to adjourn the meeting so that other committees can meet.

[The Chair, Liberal, Wayne Easter]

I'll have to find my notice, Pat, but the notice of meeting goes until eight o'clock, so it's not a question of—

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Was there agreement to extend that?

[The Chair, Liberal, Wayne Easter]

We sent the notice out.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Okay, I guess I'm just encouraging...since we are down to the last bits here.

[The Chair, Liberal, Wayne Easter]

The problem is that lately the rules for the people doing translation say that we have to give them 30 minutes.

There was an agreement, as I understood—maybe there's something I don't know—among the whips that we would go until eight o'clock tonight and that there would be a 30-minute suspension right now. The notice of meeting went out for meeting number 53 to be from 3:30 until 8:00.

I can't do anything about it. I'm sorry, but I can't impose on the agreements with the translators. I just can't.

[Tamara Jansen, Conservative, Cloverdale—Langley City, BC]

Mr. Chair, I have a question.

[The Chair, Liberal, Wayne Easter]

Go ahead, Ms. Jansen.

I'm sorry. I would love to finish, but I just can't.

[Tamara Jansen, Conservative, Cloverdale—Langley City, BC]

Do you have a guesstimate of how much time it will take us to finish?

[The Chair, Liberal, Wayne Easter]

I don't know how long it will take on Elizabeth May's amendment, but I expect it will take us 15 or 20 minutes.

The translators are operating under an agreement that they have to have a 30-minute break right now. We ran into that the other night. I will have to suspend for 30 minutes and reconvene. I'm sorry about that, but there's just nothing I can do about it, in all honesty.

The meeting is suspended until 6:02 Ottawa time.

[The Chair, Liberal, Wayne Easter]

We'll call the meeting to order once again.

We did have a discussion on clauses 362 and 363. Are there any questions on those discussions? I see none.

(Clauses 362 and 363 agreed to on division)

Shall schedule 1 carry? I see Mr. Fraser—

[Annie Koutrakis, Liberal, Vimy, QC]

I have a point of order, Mr. Chair.

[The Chair, Liberal, Wayne Easter]

Your amendment is on schedule 3, I believe, Elizabeth May, but I have Sean Fraser first, and then I have you, Ms. May.

Sean.