Thank you.
As a matter of fact, the bizarre procedures with which I find myself here created by 20 identical motions in committees more than a year ago don't actually allow me to move anything. My amendments are all deemed moved, as I understand it, and then I'm allowed to speak to them before they're destroyed before my very eyes. It's an exciting possibility for me that some day, one of them might pass.
In any case, this one is dealing with the same problem the previous few amendments have attempted to deal with, which is Canada's responsibilities in the world, our reputation, and our ability to ensure that in dealing with our partners around the world they see us as respecting the rule of law. This amendment was suggested by one of the witnesses who was before this committee, Professor Craig Forcese. The proposal is to have a stand-alone section that will be inserted right after proposed subsection 21(3.1). As you can see, it would be within clause 8:
(3.2) For greater certainty, a warrant under this section is required for any investigation outside of Canada that
(a) involves an investigative activity that, were it conducted inside Canada, would require a warrant by reason of the Canadian Charter of Rights and Freedoms; or
(b) may be inconsistent with international law or the law of the foreign state in which the investigative activity is conducted.
This will clarify ambiguities. It will ensure that our actions are consistent with the Charter of Rights and Freedoms when occurring overseas. I do take the point that Ms. James made earlier; that is, earlier attempts to try to fix clause 1 in my Green Party amendment 4, lumped in both inside and outside. I just want to stress that this is only for those warrants that will be put forward to a court for an investigation taking place outside Canada. It certainly will make all of clause 8, if not perfect, at least more palatable.