Public Safety committee  It may not be possible to know in advance of the proceedings in all circumstances whether an application should be made, and limiting such applications to before the start of a proceeding would be inconsistent with the approach taken in respect of other procedural provisions in c

Public Safety committee  If we're talking about recognizance with conditions, it's reasonable grounds to believe that a terrorist activity “will” be committed. It is proposed to change that to reasonable grounds to believe that a terrorist activity “may” be committed. The reason provided is to facilitate

Public Safety committee  The proposal in the bill, as indicated, is to alter the test from “believes on reasonable grounds that a terrorist activity will be carried out” to “believes on reasonable grounds that a terrorist activity may be carried out”. This proposal is to have the test as “believes on r

Public Safety committee  If it's necessary in the circumstances.

Public Safety committee  Yes.

Public Safety committee  It's important to indicate, again, that the words “advocating”, “promoting”, and “counselling” have been interpreted as active encouragement. Building on the law of counselling, this offence uses the terminology of advocating and promoting. One is looking at active encouragement

Public Safety committee  Where warranted, courts have the jurisdiction to appoint an amicus curiae.

Public Safety committee  The proposed defence is modelled on the law of counselling, and the Supreme Court of Canada, in the cases of Sharpe and Keegstra, held that the terms advocating, promoting, and counselling all mean essentially the same thing, and that is active encouragement. We're looking at act

Public Safety committee  Thank you, Chair. I think the intent behind the provision in the bill is to provide for all those alternatives: a House of Commons committee, and/or a Senate committee, or a joint committee. There may be a concern that the bill doesn't reflect that, but that was the intent.

Public Safety committee  Thank you, Chair. We just were pointing out that the intent of the bill was to also allow for the option of a joint committee. It's up to members to decide what they desire, but that had been contemplated, and we just had brought to your attention our view at that time, at least

Public Safety committee  Thank you, Chair. I guess our understanding of this is that it would prevent having a joint committee of the House of Commons and the Senate to conduct this review. That is an option contemplated currently in the bill. You can have either a Senate committee and/or a House of Com

Public Safety committee  Thank you, Chair. It's up to Parliament and the committees that Parliament strikes to decide.

Public Safety committee  Thank you, Chair. This is an amendment to clause 4. Clause 4 in the bill proposes a five-year sunset. This was a recommendation that was made by the House of Commons subcommittee that studied these provisions during the parliamentary review of the Anti-terrorism Act and that per

Afghanistan committee  Thank you. I can assure you that the attorney general has never issued a prohibition certificate, because there is no need to issue one. I don't understand the comment with regard to the practice, since no certificate has been issued to date.

Afghanistan committee  Thank you, sir. The question was, can the scheme of the Canada Evidence Act be used to cover up information that's embarrassing to the government? This has been addressed by the Federal Court in various decisions. Mr. Justice Noël clearly stated that the court will not prohibit