Evidence of meeting #10 for Public Safety and National Security in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Joann Garbig  Procedural Clerk
Daniel Therrien  Acting Assistant Deputy Attorney General, Citizenship, Immigration and Public Safety Portfolio, Department of Justice
David Dunbar  General Counsel, Canada Border Services Agency
Clerk of the Committee  Mr. Roger Préfontaine

4:45 p.m.

Liberal

Bonnie Brown Liberal Oakville, ON

That's the one.

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Yes, I don't have it in front of me--

4:45 p.m.

An hon. member

It's the second one in here.

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

--and we only have one copy here between the two of us.

4:45 p.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

You took a motion from Mr. Dosanjh.

4:45 p.m.

Liberal

Sue Barnes Liberal London West, ON

Yes, this is “special advocate”.

4:45 p.m.

An hon. member

That's what we need.

4:45 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

May I just propose the amendment?

4:45 p.m.

An hon. member

Let's clarify this.

4:45 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

No, that's fine. Yes.

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Yes, go ahead, Mr. Dosanjh.

4:45 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

This is the reworking of a proposal we had authored by the House counsel, and it's been reworked by the government. We should deal with it. I'm happy it can be dealt with now, and if there are some deficiencies we'll come to that. I'd like to change some things, but let's deal with this. I'm happy to proceed with this.

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

All right.

4:45 p.m.

Liberal

Sue Barnes Liberal London West, ON

Is this a Liberal amendment or a government amendment?

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

We work together on this committee. Let's not get too hung up on who is doing what. Part of the reason is all the working together people have done.

4:45 p.m.

Liberal

Sue Barnes Liberal London West, ON

Okay, let's start it.

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

It may look as if it's confusing, but somebody knows what's going on here.

Okay. Are you ready to introduce the amendment?

4:45 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

Can I speak to it?

4:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Actually, it should be introduced, first of all.

He's saying he's going to defer to you, so go ahead.

4:45 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

Thank you.

The three pages have three different amendments, but they all work together. They're amending the provisions with respect to the special advocate. Under this, as I understand it, after hearing presentations from the permanent resident or the foreign national and the minister, and after giving particular consideration and weight to the preferences of the permanent resident or foreign national—obviously there will be an opportunity to be heard—the judge appoints the special advocate, if there seem to be no problems, such as those enumerated on the second page of this amendment.

I'm satisfied with that, because sometimes some individuals could refuse to appoint any one of the 20 special advocates who might be on the list, or might want to change every other day, or there might be conflicts and other problems, and the judges need that discretion. This clearly says that it's the preference of the detainee that has to be kept in mind while appointing. I think that's an important principle.

The problem I have is with the third page. We've heard presentations here from Mr. Waldman, Mr. Forcese, and others that we should have....

Sometimes there are unorthodox ways of working here.

4:50 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

You never know how legislation is made. It's worse than watching wieners being made.

4:50 p.m.

Some hon. members

Oh, oh!

4:50 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

I would like to make that “that the Minister of Justice shall ensure that special advocates are adequately supported and resourced” rather than the current clause.

I have the French translation of that available as well. I can make that available to you.

4:50 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

In essence, you are proposing a subamendment.

4:50 p.m.

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

I am, but obviously I'm proposing an amendment.