Evidence of meeting #69 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 amendment.
A recording is available from Parliament.
Conservative
Rob Moore Conservative Fundy Royal, NB
Yes, the department witnesses may want to comment on some of the problems this amendment might raise in its current form.
Senior Counsel, Criminal Law Policy Section, Department of Justice
The amendment would modify subsection 487.01(4), which deals with a warrant authorizing an officer to observe. We're talking about visual observation. The amendment is intended to add what we commonly call GPS, that is to say global positioning systems, to this section, which in our opinion, if it is to be added to the Criminal Code, would be better placed in section 492.1, which deals with tracking devices.
We therefore feel that even in terms of its content, the amendment as it is currently drafted would be inappropriate.
Bloc
Réal Ménard Bloc Hochelaga, QC
Mr. Chairman, I would then be open to a subamendment. I am in the hands of our legislative drafter. The idea was to harmonize things following what we did with the passage of Bill C-95.
I trust you to decide on the appropriate place within the Criminal Code. If it is the committee's wish, we could draft a subamendment so that this would appear under subsection 492.1.
Conservative
The Chair Conservative Art Hanger
Monsieur Ménard, procedurally you can't do it that way. You have put the motion forward. I ruled it out of order. You can't change the ruling, as it's out of order.
Bloc
Réal Ménard Bloc Hochelaga, QC
We are challenging your decision, Mr. Chairman. Ms. Jennings has arrived; you are in trouble!
Liberal
Conservative
The Chair Conservative Art Hanger
Monsieur Ménard has already put that forward.
Shall the ruling of the chair be sustained?
(Ruling of the chair overturned)
Mr. Bagnell.
Liberal
Larry Bagnell Liberal Yukon, YT
I think Mr. Ménard was proposing to fix his amendment so it would be put in the proper part of the act, as suggested by the witnesses. Can we make that amendment now so this amendment makes more sense?
I'll make that amendment if Mr. Ménard cannot amend his own motion.
Conservative
The Chair Conservative Art Hanger
Putting it under the correct section is what you're talking about.
Senior Counsel, Criminal Law Policy Section, Department of Justice
Subsection 1.
Conservative
The Chair Conservative Art Hanger
The same problem is going to crop up here as it did with your motion, Monsieur Ménard. It's still changing a section that is not part and parcel of the....although Bill C-23 touches on it.
Bloc
Réal Ménard Bloc Hochelaga, QC
You do realize, Mr. Chairman, that we are ever-so- gently going to quash your ruling.
Senior Counsel, Criminal Law Policy Section, Department of Justice
If it is still the intention of the members of the committee to mention GPS explicitly in the legislation, it would be best mentioned in subsection 492.1(1). There is nothing in the existing section that explicitly bans the use of GPS, which is indeed a tracking device. The amendment should be completely rewritten in order to add GPS to section 492.1, where it states that “can be obtained through the use of a tracking device”. You would have to add the words “including a tracking device”.
Bloc
Réal Ménard Bloc Hochelaga, QC
I am not very happy with the work of the legislative advisers. Every time we ask one particular legislative adviser to draft amendments, they are badly written. We must settle this problem with the whips' office.
The goal was to do what the police had asked us to do, which was to harmonize, after the passing of Bill C-95, the duration of warrants for wiretapping and increase them from 60 days to 1 year. We wanted the length of the GPS warrants, which are very useful undercover techniques for police investigations, to increase from 60 days to 1 year.
Conservative
The Chair Conservative Art Hanger
Mr. Ménard, the witness has said it's not going to work with this wording. It's just not going to fit in and more work needs to be done on it, obviously. There was some effort to correct the problem as it is right now, but I think it's going to take a little more work, honestly.
Bloc
Réal Ménard Bloc Hochelaga, QC
You are quite right, Mr. Chairman. I want to withdraw it so that it will clearly indicate "for one year". I will solve that with the person who drafted it.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Ménard.
Are you going to remove the subamendment, Mr. Bagnell?
Liberal
Conservative
The Chair Conservative Art Hanger
Yes, thank you.
I think that then remains as is. It's inadmissible as it sits and it just needs some additional work.
We'll move on.
(Clauses 12 to 17 inclusive agreed to)
(On clause 18)
