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Declaration of Emergency committee  I think what this committee is mandated to look at, in the language of the order and the act, is the exercise of powers and performance of duties pursuant to a declaration.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I think you have the link to the “pursuant to the declaration”—

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I think I would focus more on whether you're dealing with a duty and function. Are you dealing with the exercise of a duty made pursuant to a declaration?

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I think the language described in the inquiry is broad, in the sense that it's talking about the circumstances leading to and the measures taken to deal with.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  The act provides that certain regulations adopted pursuant to a declaration are going to be registered, published, in the normal course. That's what happened with the two regulations. Those are then tabled before the Houses of Parliament. That's where the process can take place i

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  The orders that are covered by the in camera mandate are only the unpublished regulations and orders. The two that we have had issued so far are not those types of regulations. They were published in the Canada Gazette.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  That's certainly a possibility that's contemplated in the legislation. It talks about regular reports while...for the duration of the declaration. It also gives this committee the power to revoke certain regulations. All of that would be during, but it's not only during.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  That strikes me as an accurate interpretation. It applies when existing laws in Canada, at every level, are inadequate to deal with the situation.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I think that's the sort of question that arises. In other words, is it necessary to invoke the Emergencies Act or can other laws be enforced?

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I would say administrative law provides for a range of possibilities when it comes to inquiries. In terms of specific cases, the body looks more like a classic administrative tribunal, so a quasi-judicial tribunal. In the case of a commission of inquiry into issues that are far-r

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  I think the order of the House indicates that the House mandated this committee to do its work beyond the date when the declaration was revoked, but it nonetheless used the mandate language that's been discussed today, with reference to the exercise of powers pursuant to the decl

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  That's right. The March 2 order occurred at the end.

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  All I can say is that the House order on March 2 reiterated the mandate of this committee and gave instructions to this committee to look into a review of the exercise of powers and performance of duties. On your reference to information that would have come after as opposed to

March 29th, 2022Committee meeting

Philippe Dufresne

Declaration of Emergency committee  Subsection 62(3) requires that all persons employed and all members take the oath of secrecy. If we look at the oath of secrecy in the act—and you have all taken it—it says, “I...swear that I will not, without due authority, disclose or make known....” I read this as, if it's an

March 29th, 2022Committee meeting

Philippe Dufresne

March 29th, 2022Committee meeting

Philippe Dufresne