Evidence of meeting #57 for Public Safety and National Security in the 40th Parliament, 3rd 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

Clerk of the Committee  Mr. Roger Préfontaine
Douglas Breithaupt  Director and General Counsel, Criminal Law Policy Section, Department of Justice
Lyne Casavant  Committee Researcher

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

All right.

Mr. Holland.

9:50 a.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

No, I think the amendment is clear in that it would ensure that.... As the bill is currently worded, it would provide for one House or the other. This amendment is saying that it would be obligatory to use both Houses. If the Senate and the House made a determination that this was to be a process that was joint, then that would be their determination, but this would prescribe that both the Senate and the House be included in those processes.

I'd just simply point out that in the last round it was at the Senate committee where I think some of the most consequential amendments came in and informed the bill that's in front of us today. I think it would be an error to exclude the Senate from these proceedings.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Can this be a joint committee?

9:50 a.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

That would be the choice. There would be a choice for the House and the Senate for it to be joint if those so chose, but it would not allow for the Senate alone or the House alone to do this. It would either have to be the two independently or the two jointly.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Mr. MacKenzie.

9:50 a.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

Given that, if we could hear...?

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Okay.

We'll go back to Mr. Breithaupt.

9:50 a.m.

Director and General Counsel, Criminal Law Policy Section, Department of Justice

Douglas Breithaupt

Thank you, Chair.

I think the intent behind the provision in the bill is to provide for all those alternatives: a House of Commons committee, and/or a Senate committee, or a joint committee. There may be a concern that the bill doesn't reflect that, but that was the intent.

9:50 a.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

If it was the intent, I think the problem was that the bill as it's currently worded would allow just the House or just the Senate. What this would ensure is that the House and the Senate would be included in a process that was either a joint meeting or two independent processes.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

The bill does include the “or”. I don't think that what the Liberal amendment does.... At first read, I thought they were trying to say there has to be a committee of the Senate and a committee of the House, but Mr. Holland's suggestion is that no, this would be or could be a joint committee, but not necessarily the duplication of two committees doing the same work.

Mr. Lunney.

9:50 a.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Thank you, gentlemen.

As a visitor to this committee, I appreciate listening to the debate by the permanent members.

It seems to me that as I look at the language here, when it says the study would “be undertaken by a committee of the Senate and a committee of the House of Commons”, that implies a committee of each House. If the intent is to still allow a joint committee, then it probably would be appropriate to say so in the language, simply, after “a committee of the Senate and a committee of the House of Commons”, “or a joint committee of the two Houses”. That would be considered a friendly amendment. Perhaps that would clear up any misunderstanding.

9:50 a.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

That's fine.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

All right. Mr. Holland has said that he would accept that as a friendly subamendment.

Mr. Gaudet.

9:50 a.m.

Bloc

Roger Gaudet Bloc Montcalm, QC

Mr. Breithaupt, I would like to know what the problem is with the two committees.

As usual, he is not listening: he is a public servant.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Mr. Breithaupt.

9:50 a.m.

Director and General Counsel, Criminal Law Policy Section, Department of Justice

Douglas Breithaupt

Thank you, Chair.

We just were pointing out that the intent of the bill was to also allow for the option of a joint committee. It's up to members to decide what they desire, but that had been contemplated, and we just had brought to your attention our view at that time, at least, that perhaps it wasn't contemplated by this amendment, but that would be dealt with by the subamendment.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Mr. Holland.

9:50 a.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

Just very quickly: the point is that if the bill is left as it is, you could have just one or the other. With this amendment, it would ensure that both Houses are included and there could potentially be a joint process if that was decided to be the most effective way to move forward.

9:50 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Do we have the wording down here?

So it would include “or a joint committee of both Houses of Parliament”. All in favour of that subamendment that has been brought forward?

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

A recorded vote, please.

9:55 a.m.

Conservative

The Chair Conservative Kevin Sorenson

We'll have a recorded vote on the subamendment.

(Subamendment agreed to: yeas 7; nays 4)

9:55 a.m.

Conservative

The Chair Conservative Kevin Sorenson

Are we ready for the question on the amendment as amended?

So it's Liberal-2, correct? A recorded vote again is requested, on amendment Liberal-2 as amended.

(Amendment agreed to: yeas 6; nays 4)

9:55 a.m.

Conservative

The Chair Conservative Kevin Sorenson

All right. That carries. We do have a third Liberal amendment that will--

Yes?

9:55 a.m.

An hon. member

On a point of order, Chair, is this “the third anniversary of the coming”? It doesn't make any sense—

9:55 a.m.

A voice

No, no--