Evidence of meeting #14 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-9.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Breese  Counsel, Criminal Law Policy Section, Department of Justice
Wells  Senior Counsel, Criminal Law Policy Section, Department of Justice
Ali  Senior Counsel, Criminal Law Policy Section, Department of Justice

The Chair Liberal James Maloney

Yes, your aunt is one of my political allies. I work very closely with—

8:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

No family is perfect, Chair.

Some hon. members

Oh, oh!

The Chair Liberal James Maloney

She tells me that all the time.

8:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you, Chair.

To Mr. Housefather's point, let's just reiterate the amendment that is before the committee. The amendment says, “Nothing in this section is to be interpreted or applied so as to interfere with the freedom of expression or the freedom of religion.” I think it is fairly obvious that arguments pertaining to the nature of religious freedom are not only tangentially relevant but also centrally relevant. They are not only part of the issue; they are the issue.

The point, initially, is to note that there has been a progressive pattern on the part of government in the incremental attacks on religious freedom. When the office of religious freedom was removed, we should have seen the writing on the wall. Again, I hope I can say “the writing on the wall” without being prosecuted, because that is also a scriptural allusion. It refers to a passage in Daniel, for those who are less familiar.

We've seen, over the course of the life of this government, the gradual furthering of an agenda that attacks religious freedom, that attacks the positions of faith communities. I think some people had thought, because of the professions of the new Prime Minister, that he would be different in this regard, but what we're seeing today is that the approach of the Prime Minister is in significant respects worse than the approach of his predecessor.

We saw this government remove the office of religious freedom, doing so claiming, “Don't worry. We can advance religious freedom or advance human rights in other ways. We can use other vehicles.” Notably, they promised at the time to maintain an advisory board that was associated with the office of religious freedom. I think this advisory board was a very positive aspect of the work of the committee as well. The advisory board did important work, bringing together faith leaders from various communities to consult with the government and provide advice on various issues. It reflects the reality that it's good for the government to be talking to and engaged with leaders from a variety of different backgrounds, including faith leaders.

We have seen a progressive series of attacks by the government on religious freedom up to this point, and Chair, I will have much more to say about this, so I wonder if I can be added to the bottom of the list. I have been advised that some of my colleagues have some context they'd like to add before I go further, so I'm happy to do that.

I'll ask, just before I cede the floor, Chair, whether you are planning on ruling on the question of privilege I raised earlier regarding Minister Fraser leaking confidential material from the committee.

The Chair Liberal James Maloney

I will let you know.

We have Ms. Kronis next.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

That's a question of privilege at the committee. I raised that issue, at this point, an hour and a half ago.

The Chair Liberal James Maloney

I understood that then and I understand that now, so thank you.

Ms. Kronis.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

You're continuing to think about it.

Okay, well, I haven't ceded the floor yet, Chair—

The Chair Liberal James Maloney

Well, you just said that you were ceding the floor. Make up your mind.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

—but now I will cede the floor.

I said that before I ceded the floor, I wanted to hear from you on the matter of privilege.

The Chair Liberal James Maloney

I answered your question, so are you done?

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

You said you have no answer.

The Chair Liberal James Maloney

Are you done?

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

You're still thinking about it.

The Chair Liberal James Maloney

I said that I will let you know when I have an answer.

Are you done?

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Do you have a rough timeline, Chair?

The Chair Liberal James Maloney

Are you finished, Mr. Genuis? We can sit here and have this very interesting debate all night if you want.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Not yet. I'll tell you when I am.

Are you planning—

The Chair Liberal James Maloney

Okay, keep talking then.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Are you planning on ruling on the matter of privilege tonight or—

The Chair Liberal James Maloney

I already answered the question. You keep talking.

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Okay, well, it sounds like you plan to be as forthcoming as Ms. Lattanzio was, so at this point, I will cede the floor, but I'll ask you to add me to the list.

The Chair Liberal James Maloney

All right.

Ms. Kronis.

8:40 p.m.

Conservative

Tamara Kronis Conservative Nanaimo—Ladysmith, BC

Thank you Mr. Chair.

I appreciate the opportunity to contribute to the committee's deliberation of this bill and to the debate about this clause, which removes important safeguards for freedom of expression and for religious freedom in particular.

I'm going to focus on the idea that it behooves this committee and all members of this committee to vote against this clause because we should always vote against laws that we believe are unconstitutional.

I would submit to members of this committee that this clause, as it's proposed, amends the Criminal Code in a manner that is, in fact, unconstitutional in every way. It violates the charter. It violates the Constitution. In my remarks, I will explain how it arguably even violates the principles of natural justice.

In addition to doing that, when combined—