DEDC Committee Meeting

THE SPECIAL JOINT COMMITTEE ON THE DECLARATION OF EMERGENCY

MINUTES OF PROCEEDINGS

OTTAWA, Thursday, March 24, 2022
(2)

[English]

Pursuant to the order of the Senate of Thursday, March 3, 2022 and the order of the House of Commons of Wednesday, March 2, 2022, the Special Joint Committee on the Declaration of Emergency met this day in room 035-B, West Block, and with videoconference, at 7:05 p.m. ET, the chair, Mr. Rhéal Éloi Fortin, presiding.

Representing the Senate: The Honourable Senators Boniface, Harder, P.C. and White (3).

Representing the Senate by videoconference:  The Honourable Senator Carignan, P.C. (1).

Representing the House of Commons: Rachel Bendayan, Larry Brock, Rhéal Éloi Fortin, Matthew Green, Glen Motz and Arif Virani (6).

Representing the House of Commons by videoconference: Yasir Naqvi (1).

Other members of the House of Commons present:  Alistair MacGregor (1).

Participating in the meeting: Miriam Burke, Procedural Clerk, House of Commons; Vincent Labrosse, Procedural Clerk, Senate of Canada; Stephanie Feldman and Brendan Naef, analysts, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on Thursday, March 3, 2022 and the House of Commons on Wednesday, March 2, 2022, the committee continued its review of the exercise of powers and the performance of duties and functions pursuant to the declaration of emergency that was in effect from Monday, February 14, 2022, to Wednesday, February 23, 2022.

Mr. Motz moved:

That, in light of the unprecedented and complex issues associated with the declaration of a public order emergency, and with a view to discharging adequately its serious responsibilities, the committee requires the assistance of legal expertise, independent of the Government of Canada, to be provided by a lawyer who is well versed in emergencies law and who is thoroughly familiar with national security and intelligence concerns, and, therefore, retains the services of a lawyer who satisfies these criteria to be chosen by the” committee “as legal counsel on such terms as” agreed by the committee.

After debate, it was agreed that debate on the motion be adjourned.

Mr. Motz moved:

That the Joint Committee frame its primary study, and its final report, under the following themes:

• The events leading to invocation of the Emergencies Act
• The rationale for invoking the Emergencies Act and the alternative courses of action available
• The legality of invoking the Emergencies Act
• The choice and necessity of the regulations and orders adopted under the Emergencies Act
• The constitutionality of those regulations and orders
• The use made of those regulations and orders

After debate, Mr Green moved:

That the motion be amended by replacing the words “under the” with “including but not limited to”.

After debate, Ms. Bendayan moved the adjournment of the debate on the motion in amendment.

The question being put on the motion to adjourn the debate, it was adopted on the following vote:

YEAS

The Honourable Senators Boniface, Harder P.C. and White and Ms. Bendayan, Mr. Naqvi and Mr Virani - [6]

NAYS

The Honourable Senator Carignan P.C. and Mr. Brock, Mr. Fortin, Mr. Green and Mr. Motz – [5]

ABSTENTIONS

NIL

Ms. Bendayan moved:

That at the next meeting of this Committee, the Law Clerk and Parliamentary Counsel for the House and for the Senate be invited to appear before the committee to discuss its scope for a period of 1.5 hours, and that further to that meeting, the drafter of the Emergencies Act, former Defence Minister Perrin Beatty, be invited to appear before the committee alongside other witnesses for a period of 1.5 hours.

After debate, the question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators Boniface, Carignan P.C, Harder P.C. and White and Ms. Bendayan, Mr. Brock, Mr. Fortin, Mr. Green, Mr. Motz Mr. Naqvi and Mr Virani – [11]

NAYS

NIL

ABSTENTIONS

NIL

Mr. Naqvi moved:

That the Deputy Prime Minister and Minister of Finance, the President of the Queen’s Privy Council for Canada and Minister of Emergency Preparedness, the Minister of Public Safety, and the Minister of Justice be invited to appear before this committee at a date chosen by the committee members and subject to their availabilities to discuss measures invoked on February 14th, 2022 under the Emergencies Act for a period of two hours.

After debate, Mr. Brock moved:

That the motion be amended by replacing the word “date” with “dates” and adding the word “each” after “two hours”.

At 8:24 p.m., the committee suspended.

At 8:26 p.m., the committee resumed.

After debate, it was agreed that the motion in amendment be amended by replacing the word “date” with “dates’ and replacing the words “two hours” with “1.5 hours each”.

Mr. Motz moved the adjournment of the debate on the motion as amended.

The question being put on the motion to adjourn the debate, it was negatived on the following vote:

YEAS

Senator Carignan P.C. and Mr. Brock, Mr. Green and Mr. Motz,– [4]

NAYS

The Honourable Senators Boniface, Harder P.C. and White and Ms. Bendayan, Mr. Fortin, Mr. Naqvi and Mr Virani – [7]

ABSTENTIONS

NIL

It was agreed that the motion as amended be adopted.

Mr. Virani moved:

That officials from the Department of Public Safety, the Department of Finance and the Department of Justice, and from the RCMP, CSIS, CBSA and FINTRAC be invited to appear before this committee at a date chosen by the committee members, to discuss measures invoked on February 14 under the Emergencies Act, for a period of three hours.

After debate, it was agreed that the motion be amended by replacing the word “date” with “two dates” and adding the word “each” at the end.

Mr. Green moved:

That the motion as amended be amended by replacing the word “two” with “three”.

After debate, it was agreed that debate on the motion in amendment be adjourned.

Mr. Motz gave notice of the following motion:

That an Order do issue for all security assessments and legal opinions which the government relied upon in determining that

(a) the threshold of “threats to security of Canada”, as defined by section 2 of the Canadian Security Intelligence Service Act, required by section 16 of the Emergencies Act, had been met;

(b) the thresholds required by paragraphs 3(a) or (b) of the Emergencies Act, concerning a “national emergency” had been met;

(c) the situation could not “be effectively dealt with under any other law of Canada”, as required by section 3 of the Emergencies Act;

(d) the Emergency Measures Regulations were compliant with the Canadian Charter of Rights and Freedoms, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act; and

(e) the Emergency Economic Measures Order was compliant with the Canadian Charter of Rights and Freedoms, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act,

provided that

(f) these documents shall be deposited with the Law Clerk and Parliamentary Counsel of the Senate, the Law Clerk and Parliamentary Counsel of the House of Commons and any legal counsel which the Committee may appoint, in both official languages, within one month of the adoption of this Order;

(g) a copy of the documents shall also be deposited with the law clerks and any legal counsel which the Committee may appoint, in both official languages, within one month of the adoption of this Order, with any proposed redaction of information which, in the government’s opinion, could reasonably be expected to compromise national security or to reveal details of an ongoing criminal investigation, other than the existence of an investigation;

(h) the law clerks and any legal counsel which may be appointed by the Committee shall promptly thereafter notify the Co-Chairs whether they are satisfied the requested documents were produced as ordered, and, if not, the Co-Chairs shall be instructed to present forthwith, on behalf of the Committee, a report to each House outlining the material facts of the situation;

(i) the Co-Chairs shall cause the documents, as redacted pursuant to paragraph (g), to be distributed to the members of the Committee and to be published on the Committee’s website forthwith upon receipt;

(j) the law clerks and any legal counsel which the committee may appoint shall discuss with the Committee, at an in camera meeting, to be held within two weeks of the documents being distributed pursuant to paragraph (i), whether they agree with the redactions proposed by the government pursuant to paragraph (g), provided that, upon the request of the government when depositing the documents, the Co-Chairs shall be instructed to present as soon as possible, on behalf of the Committee, a report to each House recommending that this meeting, or any subsequent meeting where the discussion is continued,

(i) shall, notwithstanding the Order of the Senate adopted on March 3, 2022, not be subject to the provisions of paragraphs (a) to (c) of the Order of the Senate adopted on February 10, 2022, respecting senators on standing joint committees,

(ii) shall, notwithstanding the Order of the House of Commons adopted on March 2, 2022, not be subject to the provisions of paragraph (r) of the Order of the House of Commons adopted on November 25, 2021, and

(iii) may, if the Committee decides, be held outside of either House’s precincts, but within the National Capital Region, at a location acknowledged by the government to be appropriate for the discussion and presentation of highly classified information; and

(k) the Committee may, after hearing from the law clerks and any legal counsel which the Committee may appoint, pursuant to paragraph (j), accept the proposed redactions, or reject some or all the proposed redactions and request the production of those unredacted documents in the manner to be determined by the Committee.

At 9:06 p.m., the committee adjourned to the call of the chair.

ATTEST:

Paul Cardegna

Mark Palmer

Joint Clerks of the Committee