Evidence of meeting #43 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site.) The winning word was subamendment.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Wong  Acting General Counsel, Policy Sector, Department of Justice
Gilkes  Acting Officer-in-Charge, RCMP Lawful Access, Royal Canadian Mounted Police
Nashef  Director General, Policy, Planning and Accountability, Canadian Security Intelligence Service
Gibner  Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

6:40 p.m.

Acting Officer-in-Charge, RCMP Lawful Access, Royal Canadian Mounted Police

6:40 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

There; I got that more simply. That confirms part of my uncomfortableness with the lower standard and how that relates, then, to this subamendment.

In conclusion, Mr. Chair—

An hon. member

More, more.

6:40 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

My conclusion can be quite substantive as well. I will make sure it's exactly as long as it needs to be.

I appreciate your input, Mr. Gilkes, and yours, Ms. Gibner, and yours, Mr. Wong, because I genuinely was not entirely sure how the subamendment interacted with the Privacy Commissioner's recommendation. As I said, I unfortunately didn't have a chance to have this discussion with Mr. Housefather personally, but I appreciate him bringing forward a subamendment that, at least in my view now, does seek to get a bit more of a middle ground from where the bill started—all subscriber information related to anything—to what the Privacy Commissioner suggested, which may go too far in the other direction in terms of tying the hands of the judge or justice who's issuing the production order.

I forget which member mentioned it before, but contrary to what was said, I was not entirely prepared to vote for the subamendment at the beginning of this. I'm probably more comfortable now, based on my exchanges with our officials.

I will also say, and it bears repeating—I know that my colleagues across the way want to hear this again—that it would have been helpful, and perhaps could have saved time and resources, if we had been able to have the Privacy Commissioner here to explain some of the reasoning and to help us understand the rationale for the proposal they made in recommendation number three.

The Chair Liberal Jean-Yves Duclos

Madame Dandurand.

Marianne Dandurand Liberal Compton—Stanstead, QC

On a point of order, I'd like to make sure it's on the record that....

I'll say it in French. The Privacy Commissioner of Canada appeared before the committee members to explain his point of view. Of the members in attendance at the time, only one Conservative member remains, because only one Conservative Party member still has a permanent seat on the committee.

I would like to make sure that we're clear that the commissioner already came to speak on this topic.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Dandurand, for this important clarification.

Mr. Mantle, would you like to continue?

6:45 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

I would.

I'd like to clear up a bit of misinformation that I think was just said to the committee.

Although the Privacy Commissioner has been here to speak on certain portions of this bill, he was first consulted only after Bill C-2 collapsed. Colleagues across the way will remember that Bill C-2 was the bill that sought to provide no judicial authorization and warrantless access to people's data and intrusions into their private life.

I know that's the pattern we've seen from across the way when it comes to privacy, but we were able to—

Sima Acan Liberal Oakville West, ON

I have a point of order.

The Chair Liberal Jean-Yves Duclos

Madame Acan.

Sima Acan Liberal Oakville West, ON

Once again, it's not relevant to the subamendment. The bill has nothing to do with people's privacy and their personal information.

Thank you.

Voices

Oh, oh!

The Chair Liberal Jean-Yves Duclos

There may be disagreement on that, but the fact is that we need to stick to the topic. The subamendment is well understood and should be well noted. We have already heard views on broader issues that are not to the satisfaction of everyone but were settled elsewhere.

Having said that, we will now suspend for about 10 minutes.

7 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Welcome, everyone.

I think that Mr. Mantle had finished his remarks.

Ms. Cody, you have the floor.

7 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

Sorry, I'm not finished, Mr. Chair.

The Chair Liberal Jean-Yves Duclos

I think you had a concluding sentence. Do you want to start again?

If Ms. Cody is fine....

7 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

I was interrupted. I'm not going to start at the beginning, but I was not finished.

A voice

Start from the top.

7 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Please do so, yes.

7 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

I was not entirely finished. I was clearing up some misinformation from the other side. In particular, it was Ms. Acan's statement that this bill does not affect privacy.

I would direct her to the government's charter statement, which notes that section 8 is particularly engaged by this bill. I would encourage her to read that. Her government believes that this bill does have a potential effect on Canadians' privacy. I agree that it does.

That having been said, Mr. Chair, I appreciate our officials' work in helping me understand Mr. Housefather's subamendment to our Bloc colleague's amendment. I'm much more comfortable with it and would be prepared to support it.

With that, I will yield the floor back to you, Mr. Chair.

7 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Mantle.

I have Ms. Cody and Mr. Lawton.

7 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

On a point of order, Mr. Chair, was I missed when you just read the list? I believe I'm on the list.

7 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

You're not yet missed. Ms. Cody comes before you, MP Genius.

7 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

I heard you reading the list and you didn't mention my name. I wanted to clarify that.

7 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

I was going to skip you because we couldn't see you anymore. You're back, so you will be immediately after Ms. Cody.