Thank you Madam Chair and members of the committee for your invitation to appear today.
My name is Michel Bédard, and I am the interim law clerk and parliamentary counsel of the House of Commons.
The Office of the Law Clerk and Parliamentary Counsel provides comprehensive legal services to the House of Commons and its members. I trust that my testimony today will assist the committee in its study on the extension of Parliament Hill and the parliamentary precinct.
Under the Parliament of Canada Act, the Parliamentary Protective Service, or PPS, is responsible for all matters respecting physical security throughout the parliamentary precinct and Parliament Hill. Parliament Hill is defined in the act as “the grounds in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street.” The “parliamentary precinct”, also defined in the Parliament of Canada Act, includes the premises used by the House of Commons, the Senate, their members and other parliamentary entities. They “are designated in writing by the Speaker of the Senate or the Speaker of the House of Commons”.
The practice has been for the Speakers to make a joint designation that is tabled before Parliament.
The Government of Canada, through the Minister of Public Services and Procurement Canada, has ownership and general care over the grounds of Parliament Hill and the parliamentary buildings. This is, however, subject to the House’s right to administer its internal affairs free from interference, which is usually exercised under the authority of the Speaker as guardian of the House’s privileges, and that of the Board of Internal Economy pursuant to its responsibility over the premises of the House.
In addition, decisions pertaining to the use of the grounds of Parliament Hill are taken under the authority of the Committee on the Use of Parliament Hill. The Committee is co-chaired by the House of Commons Sergeant-at-Arms and the Director of Senate Corporate Security on behalf of their respective Speakers. Its membership also includes representatives from various government departments.
The Parliamentary Protective Service's mandate is limited to physical security; it does not police the Hill or the parliamentary precinct, and its protection officers are not peace officers. The police of jurisdiction for Parliament Hill and the parliamentary precinct is the Ottawa Police Service. However, their conduct of business within the precinct must take into consideration parliamentary privilege.
If Parliament so wishes, Parliament Hill could be expanded to include parts of Wellington Street and Sparks Street by making an amendment to the definition of “Parliament Hill” that is found in the Parliament of Canada Act. This will extend the PPS mandate to provide physical security on these streets.
I know that both streets are currently owned by the City of Ottawa. Making these streets federal property will make it easier for PPS to fulfill its mandate.
I would be pleased to answer any questions members may have.