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

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Aaron 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
Bilodeau  Assistant Deputy Minister, National and Cyber Security Branch, Department of Public Safety and Emergency Preparedness

The Chair Liberal Jean-Yves Duclos

Good evening, everyone. It's great to see you in such fine form and good humour on this Wednesday evening.

I call this meeting to order. Welcome to meeting No. 45 of the House of Commons Standing Committee on Public Safety and National Security.

Pursuant to the order of reference adopted by the House on April 20, the motion adopted by the committee on April 30 and the motion adopted by the House today, June 17, we are meeting on the study of Bill C‑22, An Act respecting lawful access.

As always, I'd like to welcome the witnesses.

From the Canadian Security Intelligence Service, we have Ramzi Nashef and Juanita M.

From the Department of Justice, we have Kimberly Gibner and Normand Wong.

From the Department of Public Safety and Emergency Preparedness, we have Richard Bilodeau, Shannon Hiegel and Fenton Ho.

From the Royal Canadian Mounted Police, we have Chief Superintendent Richard Burchill and Sergeant Aaron Gilkes.

I'm going to cheat a bit on the usual procedure. Since it's going to be hard at the end of the meeting to properly thank the witnesses we still have before us this evening, I'm going to do so right away.

We are very grateful for your time and expertise as you have guided us over the past few days and indeed the past few hours. It seems like we've been meeting frequently over the last little while. Thank you very much for that.

I'll also take this opportunity to thank the interpreters who are with us in a demanding environment. A number of us, including Ms. DeBellefeuille, have rightly pointed that out. Our committee sometimes looks into technical issues, so it can be hard for both the interpreters and the members of our committee who depend on the exceptional quality of interpretation.

I also want to thank the technicians, who stay very discreetly hidden behind their desks and screens and who are here to serve us.

Thank you to everyone at the back of the room or elsewhere who has been there and is still there today to help us do this work for Canadians.

I'm sure the committee members join me in wishing you the very best as you continue this demanding work. We extend you our sincere gratitude.

We will now resume clause‑by‑clause consideration of Bill C‑22.

(On clause 9)

The Chair Liberal Jean-Yves Duclos

We were at NDP‑6. Specifically, we were at the subamendment that was moved yesterday by Mr. Mantle.

Mr. Caputo, you have the floor.

10:45 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Thank you very much, Mr. Chair.

I echo what you said about our witnesses. I know it's not easy to be here. Let's face it. Not many people are spending their Wednesday nights on Parliament Hill at 10:48, serving the Canadian public while being bright-eyed, bushy-tailed and always having to be on guard for a question, so we appreciate this.

Sometimes, we as MPs may trade barbs. Sometimes we may ask you difficult questions. Sometimes there might be moments that are a bit more serious. Sometimes there might be moments that are a bit more lighthearted. You don't have a choice in that. You have to come here and answer the questions that are posed to you, and you have to be ready for a spinoff question that may come your way. For that, we are grateful.

Mr. Chair, we have 30 minutes to discuss this. I'm on the speaking list, and I think that Ms. Kirkland, Mr. Au and Mr. Lloyd will probably be after me.

I will say this. We're all ready for summer, but that doesn't mean that summer has started. There is still work to be done. There's work to be done this evening, and there's work to be done tomorrow. At the end of the day, Bill C-22 is a contentious piece of legislation. It was contentious from the get-go.

Most people here have heard ad nauseam about my background as a prosecutor, in which the access to data or the access to evidence was central to whether a conviction followed. I understand that. There is no doubt in my mind that lawful access is something that our House, the chamber upstairs, must address—not should, but must. The question is about how we address it.

I have now seen what is probably the most aggressive programming motion during my five years here in Parliament. A programming motion basically tells us how and when we must consider something.

We have to get through amendments without discussion tonight. That is the gist of it: no discussion on a bill that is probably over 100 pages long. We have to get through the amendments without discussion.

Now, say what you want about lawful access. Like me, you may think there is a necessity for a lawful access regime. The question is, what does it look like? You may say you don't want any lawful access because it infringes on your civil liberties, or you may say that you are prepared to trade privacy for lawful access in order to accede to the arguments that have been put forward by some.

At the end of the day, we are here to work and we are here to debate. There is one thing we will not do in 28 minutes, and that is debate. The motion that was passed in the House tonight precludes debate. It precludes debate on matters of privacy, on matters that may impact the charter. No, I shouldn't say they may; they do impact the charter. They engage section 8 of the charter, and here we are, talking about provisions that we will pass without debate, that a court will someday be considering. Make no mistake, someday a court will consider the words that we pass on paper here. They will decide the constitutionality of those words, and we are expected to pass those words without debate. That is unconscionable.

For 12 years we've had a Liberal government. We got this motion put on us on Tuesday, before we left—Tuesday—not Monday and not the Friday before, but Tuesday. In fact, the Liberal government put forward a wish list of bills they wanted passed. Do you know what wasn't on the list? Bill C-22. Yes, I'm a bit animated here. The government said they didn't want this bill, but literally at the last minute, Wednesday night, we are talking about amendments that impact each and every Canadian.

Make no mistake that on the Conservative side, we all want to put bad people in jail, but this ain't the way to do it. To have amendments rammed down our throats without debate and without discussion is patently wrong.

Yes, we will sit here at the table. Yes, we will oblige with the process. We will adhere to democracy. The motion that was passed. That doesn't mean we like it. Moreover, it doesn't make it right. What is happening here may have been duly passed, but it is wrong.

One day, in two years, three years or five years, a court may be reviewing our words. They may well look at what happened here tonight and talk about the lack of discussion and consideration when they are reviewing whether amendments put forward, which aren't even public yet.... We can't even talk about this.

By the way, who breached parliamentary privilege with the Toronto Star? Am I in the twilight zone here? They don't know.

I think my point has been made. We are here, and we are here to work. This is not the right way to work. We will do our jobs. This is not the climate in which we were expected to do our jobs.

Thank you, Mr. Chair.

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Caputo.

Madam Kirkland, go ahead.

10:50 p.m.

Conservative

Rhonda Kirkland Conservative Oshawa, ON

Thank you.

I would like to thank those who are here, who have spent their time listening very carefully to the questions that have been put forward to them during clause-by-clause consideration up to this time. I appreciate that because, as I saw many times over the last few days and hours in this committee, members opposite were having side conversations, doing their own thing and reading books rather than paying attention to what was going on and the questions that were being asked.

I want to thank you, but I also want to pose one question to each of you before I move on. I'm not trying to keep you to a one-word answer, but I think it probably will be a yes-or-no answer. I would just like to have your opinion on one thing.

Throughout this process during clause-by-clause so far, we have asked questions about the amendments that had been presented by the NDP, by the Bloc and by the Conservatives. I don't think we got to a Liberal or a government amendment yet. However, we did have what I thought were important questions. I believed that they were relevant questions.

During that period of time, we had a lot of questions. Part of the reason we had a lot of questions is that the first part of this process before clause-by-clause was so rushed, we barely had time to catch our breath and understand fully this long, 90-page bill.

My question is simple. When we asked questions about each amendment as we looked at them, were they relevant questions to the bill or to the amendments?

Mr. Gilkes, were the questions we asked you relevant to the bill or the amendment? Did we ask questions outside the scope of the bill or the amendment?

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

Honestly, this is my first experience in this.

10:55 p.m.

Conservative

Rhonda Kirkland Conservative Oshawa, ON

Did it seem like it?

Sgt. Aaron Gilkes

I really couldn't comment on the pertinence of the questions.

10:55 p.m.

Conservative

Rhonda Kirkland Conservative Oshawa, ON

Okay.

Is there anyone else? I would just like a bit of verification.

Mr. Nashef, I believe I asked you a few questions. Were they relevant to the bill or to the amendments we were discussing?

Ramzi Nashef Director General, Policy, Planning and Accountability, Canadian Security Intelligence Service

I found that all of your questions for me were relevant to what we were talking about, yes.

10:55 p.m.

Conservative

Rhonda Kirkland Conservative Oshawa, ON

Thank you.

Ms. Gibner, go ahead.

Kimberly Gibner Deputy Assistant Deputy Minister, Policy Sector, Department of Justice

All of the questions that you asked me were also important questions to be asked.

10:55 p.m.

Conservative

Rhonda Kirkland Conservative Oshawa, ON

Mr. Bilodeau, would you agree?

Richard Bilodeau Assistant Deputy Minister, National and Cyber Security Branch, Department of Public Safety and Emergency Preparedness

The questions were all definitely interesting and within the realm of what we were talking about.

Rhonda Kirkland Conservative Oshawa, ON

It was important to us to ask the questions because Canadians need to hear the answers.

Unfortunately, we have a 30-minute time limit tonight. We can't ask more questions. In fact, the motion that was passed, motion 13, in the House tonight was in essence muzzling us. Now we can just say yes or no, basically, after this. That's why it's important for me to ask the questions, because a process has been bypassed here. Whether we want to answer the questions or we agree with the premise of the questions isn't really the point. The point is that, as parliamentarians, we have a duty to ask the questions. We have a duty to ascertain as best as we can the answer and we have a duty to find out whether or not an amendment is worth passing or not.

I can agree with you. I can agree with the Liberals in some aspects. Sometimes people were trying to wrap their heads around things and they asked questions in different ways, maybe the same question in a different way. That definitely happened. That is the process we are allowed for a reason, because that is democracy. That is what we're supposed to do here.

Today could possibly be one of my most disappointing moments in this whole process as a new member. Normally I'm not emotional, but I'm tired. Like everyone else, we're worn out. We've been working hard. My 15-year-old asked, when I said goodnight to her, why I was going to committee tonight. I explained to her that we are going to vote on nearly 100 amendments without discussing them, without understanding them, or without, to be even more clear, helping Canadians understand them.

I want to thank our staff. Our staff have worked hard. The folks here, the clerks, the analysts, the translators, the folks behind me, they've been working hard. We've been doing our due diligence on this bill. We've been trying to do our jobs. I get passionate about this because lawful access actually is important to me.

I was told tonight that I wasn't listening to Durham Regional Police officers. I tell you, surely I have, and I've listened to them carefully. Of course. they want to have better tools and they're looking for lawful access, but everyone I've talked to individually when I've explained the process has said they want to get it, but they don't want to get it that way. They want to get it and they want to get it right. That's all we've been asking for.

In this pre-study, we had 48 witnesses in just over eight hours. It was a lot to do very quickly. We had issues with briefs. We didn't get them in time, not because the clerks didn't do a great job. They did a great job. We didn't get them in time, not because the translators were too slow, but because they had a lot of work to do. Why did they have a lot of work to do? We tried to rush too much into too little time. That is not democracy either.

I appreciate very much the members from the NDP, who have been presenting amendments, who gave us amendments to look at.

From the Green Party, Ms. May, thank you, and thank you to the Bloc. All opposition parties, every last one of us, have been working to do this right.

Liberals can laugh. They can laugh at processes. They can laugh at emotions. They can laugh at the passion, but guess what. I came here to do a job, and for the first time in 14 months, I feel like I'm being muzzled and asked to not do my job and to just vote. That is unacceptable.

I will explain to my daughter tomorrow, after this is done, exactly what has happened and how I do stand with the police. She knows I do, as do the Durham Regional Police officers in Oshawa and in the Durham region. I want to give them what they need, but we answer to Canadians, and having a manufactured majority does not give Liberals the right to bypass something so important and to ram this through.

I will leave it there. Thank you.

11 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Thank you, Madam Kirkland.

Mr. Powlowski.

11 p.m.

Liberal

Marcus Powlowski Liberal Thunder Bay—Rainy River, ON

As much as I'd like to take the high road here, I've had enough. The opposition had eight and a half hours yesterday to debate amendments. They chose to amend or vote on three of them in eight and a half hours. For them to come back to us today and accuse us of somehow violating their democratic rights is frankly absurd.

I would like to thank the other people, the people who are in the department here, for their dedication, for what they've done for our country and for the fact that they've managed to show up at this time of night to debate this. It's certainly not their fault. I would sincerely like to thank them for their contribution to this.

11 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Thank you, MP Powlowski.

Is the subamendment carried? On division?

An hon. member

No. We'd like a recorded vote, please.

11 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

We will have a recorded vote.

11 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Chair, just to be clear as we're jumping into this, is this Mr. Mantle's subamendment that we're talking about?

11 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Yes.

11 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Yes, I'd like a recorded vote, please.

(Subamendment negatived: nays 6; yeas 5 [See Minutes of Proceedings])

11 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Is it back to amendment NDP-6, Mr. Caputo?

11 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

I'll intervene now that I actually have a right to intervene for the next 12 minutes or so.

You know what? Laugh all you want. Smile all you want. That was a darn good subamendment, and one that came out of discussion. People may not like how the discussion came about, but that was a darn good subamendment. People may not like the person who proposed it, but if you actually listened to the people who were there at the table, my sense from listening to them, the people on the ground, was that they supported it, and that was the product of what we are here to do.

At the very least, we got a chance to debate this. Yes, it got voted down, but at least we got to hear from witnesses. It was a good subamendment, and I think it would have given law enforcement more of what they needed.

Too bad for the next, well, I've got 90 pages here.... I think we're on page 10 of my 90 pages. At least we got to debate that one.

We're going to be talking about encryption and breaking encryption, whether encryption should be broken, whether encryption that has been or has the ability to be broken should be broken by the state and how that relates to organized crime. If I'm an observer watching at home, I'm wondering why we even send our people to Parliament in some respects, because at the end of the day, if you get four people to cross the floor, one of whom said “and it's good for me”, that's what democracy comes down to: “it's good for me”. That actually dictates what happens at this committee: It's good for me.

That's all I have to say.