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Public Safety committee  The phrase “to make orders” definitely brings you into real time and into oversight, versus the review body's mandate set up now in the act that is looking backwards, looking at performance relative to ministerial direction and compliance with the law. The concept of orders puts

April 17th, 2018Committee meeting

John Davies

Public Safety committee  Ministerial discretion to do what? I'm not following what the minister would be doing here. In terms of issuing a report to the agency, ministerial direction is essentially orders to their department or agency, so if the review body's findings conclude in a certain area, the min

April 17th, 2018Committee meeting

John Davies

Public Safety committee  I would just say that the system doesn't prohibit duplication. It's really legislative changes to encourage co-operation ideally with the intent of avoiding duplication. You may still want to do studies on similar topics, but it's to ensure that it's not the same group going the

April 17th, 2018Committee meeting

John Davies

Public Safety committee  That's correct.

April 17th, 2018Committee meeting

John Davies

Public Safety committee  We believe that LIB-7 and LIB-12, together combined, very helpfully encourage a good two-way flow of information with the view of instilling co-operation. It allows them to share classified information to the extent necessary to avoid duplication and also takes out of the equatio

April 17th, 2018Committee meeting

John Davies

Public Safety committee  CPC-10 is “Despite any other Act of Parliament or any privilege” versus Liberal-5 “Despite any other Act of Parliament and”.

April 17th, 2018Committee meeting

John Davies

Public Safety committee  We believe LIB-5 captures the intent.

April 17th, 2018Committee meeting

John Davies

Public Safety committee  The idea with this amendment is to replicate exactly what was already in the CSIS Act in terms of access to information covered under common law privilege. When Bill C-59 was drafted, this was just an oversight of the CSIS Act. We didn't want any confusion that there would be any

April 17th, 2018Committee meeting

John Davies

Public Safety committee  It's just drafting language in terms of CPC.... I don't know if we want to jump ahead to CPC-9, but the words “or” and “but” are used, and in CPC-10, it's “and”, versus LIB-4. It's crystal clear that the information is subject to any privilege on the law of evidence. It's just dr

April 17th, 2018Committee meeting

John Davies

Public Safety committee  As was mentioned, CPC-9 and CPC-10 are accessing common law privilege for the complaints function, which is picked up in LIB-5. In terms of apples to apples, they're both talking about the same thing. It goes back to what we think is just clearer drafting language in LIB-5. “Desp

April 17th, 2018Committee meeting

John Davies

Public Safety committee  The spirit is there, as was mentioned. The ability for them to co-operate is already contained in clause 49. The other concern with the drafting of this amendment is that it does not allow the exchange of classified information. It does not remove the ability to exchange complai

April 17th, 2018Committee meeting

John Davies

Public Safety committee  Yes, you are correct. We do not believe you need legislative authority for the NSIRA to receive classified information from a foreign intelligence agency should that agency want to give the NSIRA that information. Normally the NSIRA would get it directly from any of the Canadian

April 17th, 2018Committee meeting

John Davies

Public Safety committee  I would just say, as was already said, that the mandate of the review body already allows it to ask for whatever it wants from any department or agency, whenever it wants. Presumably you'd already be staffed by experts who are very much familiar with the mandates and so on. There

April 17th, 2018Committee meeting

John Davies

Public Safety committee  Yes, it would.

April 17th, 2018Committee meeting

John Davies

Public Safety committee  It would be impossible to predict. The national security mandate for Global Affairs and CBSA has already been set. It's probably small, so the number of complaints would probably be small, but there would likely be resources needed, at least to sort of pressurize the system to re

April 17th, 2018Committee meeting

John Davies