Evidence of meeting #66 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was bilingual.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Graham Fraser  Commissioner of Official Languages, Office of the Commissioner of Official Languages
Louise Aucoin  President, Federation of Associations of French-speaking Jurists of Common Law Inc.
Johane Tremblay  Director, Legal Affairs Branch, Office of the Commissioner of Official Languages
William Bartlett  Senior Counsel, Criminal Law Policy Section, Department of Justice

10:55 a.m.

Senior Counsel, Criminal Law Policy Section, Department of Justice

William Bartlett

They're not general warrants; they're warrants for the attachment of a device to a motor vehicle specifically in order to monitor its whereabouts.

10:55 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

And one time we thought that...was it 90 days or 60 days? What are those?

10:55 a.m.

Senior Counsel, Criminal Law Policy Section, Department of Justice

William Bartlett

Traditionally the limitation period, where there is a limitation period, has been 60 days. As I say, for wiretaps it is 60 days, but can be for up to a year in these cases. Mr. Ménard's point is well taken that perhaps the same provision should extend to tracking devices.

10:55 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Thank you.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Thank you, Mr. Lee.

It appears that our time is running short. I'm not going to get to two speakers, but I am going to give the floor back to Monsieur Ménard for some final comment. We may have to deal with the substance of this motion later on at another meeting, but--

10:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

I will make a proposal to the committee. I propose that the motion be tabled, that it not be sent today, but that the officials send us the jurisprudence. We will look at the jurisprudence. I will sit down with the parliamentary secretary, and we will see what tie-ins would have to be made in light of the information we will have received. Can you send us the jurisprudence, in both languages, within a week's time?

I will sit down with the parliamentary secretary, and we will make those tie-ins. If part (a) is not necessary, then we won't vote on it. Mr. Chairman, you are well aware of my legendary spirit of accommodation.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

We certainly do, Monsieur Ménard, but their minds just keep turning and turning and pumping out all these motions, so we have to deal with them as they come along.

I can understand your thought here on point (a), given the fact that some police departments may not want to charge or maybe they don't understand fully what those links are to be able to charge. I see that's something you're seeking in the motion, to begin with.

For the benefit of the committee as a whole, we discussed this point thoroughly and we were all in agreement that this is the way it should move along. At that point, you will table the motion then?

10:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Yes.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Agreed?

10:55 a.m.

Some hon. members

Agreed.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Mr. Bartlett, you had something you wanted to conclude with?

10:55 a.m.

Senior Counsel, Criminal Law Policy Section, Department of Justice

William Bartlett

Just that we'll certainly be happy to provide the jurisprudence in both languages where it exists, but not all of it will be in both languages.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Thank you, Mr. Bartlett.

Mr. Lee, on a point of order, and then Mr. Dykstra right afterwards.

10:55 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

On a point of order, I actually don't need to see all of this jurisprudence. It's not clear to me that it's necessary for the Department of Justice to fully blast the committee with all the jurisprudence. But Mr. Ménard clearly has an interest, and if it was just a matter of the department making the information available to Monsieur Ménard, I'd be very happy and it would cut down on a lot of paper.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Point taken, Mr. Lee. Thank you for bringing that up.

Mr. Dykstra.

10:55 a.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

My only question is one of process and clarification. If Mr. Ménard has now tabled his motion--and it sounds to me, with a great deal of certainty, that it's going to come back as a different type of motion--do we need another notice of motion, or are we just going to accept it back and work through it and go from there?

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

We'll see what it looks like. There will probably be another move.

10:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

We will give notice again.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Thank you very much gentlemen, Mr. Bartlett and Mr. Taylor.

Is there a motion for adjournment?

This meeting is adjourned.