Evidence of meeting #62 for Public Safety and National Security in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site.) The winning word was chair.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

John Davies  Director General, National Security Policy, Department of Public Safety and Emergency Preparedness
Sophie Beecher  Counsel, Public Safety Canada, Legal Services, Department of Justice
Élise Renaud  Policy Specialist, Department of Public Safety and Emergency Preparedness
Ritu Banerjee  Director, Operational Policy and Review, Department of Public Safety and Emergency Preparedness
Ari Slatkoff  Senior Counsel, Public Safety Canada, Department of Justice
Douglas Breithaupt  Director and General Counsel, Criminal Law Policy Section, Department of Justice
Glenn Gilmour  Counsel, Criminal Law Policy Section, Department of Justice
Michael Duffy  Senior General Counsel, National Security Law, Department of Justice
Nancie Couture  Counsel, National Security Litigation and Advisory Group, Department of Justice

5:20 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Recorded vote.

(Clause 11 as amended agreed to: yeas 5; nays 4 [See Minutes of Proceedings])

5:20 p.m.

Conservative

The Chair Conservative Daryl Kramp

Now colleagues, we have clauses 12 to 14 in front of us with no amendments. The chair can take them one at a time or we can take all three together.

The chair will take all three unless he hears objection.

(Clauses 12 to 14 agreed to [See Minutes of Proceedings])

Now we will go to Liberal amendment number 5.

Mr. Easter, it is deemed inadmissible because it requires a royal recommendation.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Chair, I don't want to speak on the amendment, but I want to emphasize again that we bring witnesses in to committee to outline their thoughts on a fairly massive piece of government legislation. With this particular amendment, which is calling for a national security committee of parliamentarians, similar to our Five Eyes—

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

Point of order.

5:25 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

On a point of order, since this was ruled inadmissible, out of order, out of scope, however you want to phrase it, there should be no debate or discussion on it thereafter.

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

There is none. I was hoping Mr. Easter would just make a quick point and move on, but if we're going to be into a discussion, there is no debate.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

I'm not going to get into a discussion, Mr. Chair, but—

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

You've got about four to five seconds then, Mr. Easter.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

All right. That sounds good. There's evidence after evidence. Members came before this committee and their words were for naught. They called for oversight, and the government fails to address it.

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

That's fine, Mr. Easter, and I appreciate that, but as you know, there is no debate, and it was ruled inadmissible simply because it would involve a money bill with a requirement from the treasury. Therefore it is not eligible.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Spend some of the advertising money.

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

We will now go to clause 15. There are no amendments.

(Clause 15 agreed to [See Minutes of Proceedings])

(On clause 16)

Now we will go to Liberal amendment number 6. If adopted, colleagues, Green Party-29 could not be moved. I bring that to your attention. So now we will go to Liberal 6.

Mr. Garrison.

Excuse me, Mr. Easter.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Thank you.

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

I didn't mean to insult you.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

We're trying to get Mr. Garrison to be a Liberal, but he resists, he resists.

5:25 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Not ever.

5:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Chair, basically the word “knowingly” is currently in the legislation, and we believe that “wilfully” would narrow the parameters somewhat but still deal with the concerns on security issues. So we're basically somewhat lowering the threshold of what that clause relates to.

5:25 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you, Mr. Easter.

Yes, Mr. Falk.

5:25 p.m.

Conservative

Ted Falk Conservative Provencher, MB

I would oppose that amendment. Even though the change in wording narrows the scope, it broadens the activity around terrorism that would no longer constitute a violation. The effect would be to create an offence of advocacy or promotion of terrorism in general, which would have a greater intent requirement than that needed to convict a person for counselling the commission of a crime committed under section 464 of the Criminal Code, so I would not support it.

5:30 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you very much.

Yes, Mr. Garrison.

5:30 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Thank you very much, Mr. Chair.

We're in a somewhat awkward position on clause 16, since we think it's absolutely unfixable. I'll have some more to say about that when we come to the end of the clause, but we will not be supporting attempts to improve this clause.

5:30 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you.

(Amendment negatived [See Minutes of Proceedings])

Now we will go to Green Party 29.

Ms. May.

5:30 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

I was going to say earlier that if Liberal 6 is adopted, we could then say that there would have to be a pause while everyone who has fallen into a dead faint gets resuscitated.

However, I soldier on, and PV-29 is dealing with a section.... I have sympathies for the point Mr. Garrison just made that clause 16, proposed section 83.221, of this bill is unfixable, but I have attempted to fix it. I know that the Canadian Bar Association recommended that we just delete the whole concept of promoting terrorism in general, but I have tried to make it at least more reasonable by changing the word “knowingly” to “wilfully”, and by removing the absurd concept, which is undefined and undefinable, of “terrorism in general” and replace it with “constitutes a terrorist activity, for the purpose of inciting the commission of a terrorist activity”. So it would be something that comes within the known jurisprudence in the use of the language.

5:30 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you very much.

Ms. Ablonczy.

5:30 p.m.

Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

Mr. Chairman, I don't understand all this tender care to try to protect people who are exhorting others to attack our country and our citizens. To try to tiptoe around this and excuse them in some way through clever wording makes no sense to me. We have people who are threatening our country, threatening our citizens. We want to be able to identify them and put them out of commission, and the Green Party is trying to make sure that somehow these people are protected through nice language.

Honestly, I'm just shaking my head. I would never support this.