DEDC Committee Meeting

THE SPECIAL JOINT COMMITTEE ON THE DECLARATION OF EMERGENCY

MINUTES OF PROCEEDINGS

OTTAWA, Thursday, December 8, 2022
(21)

[English]

Pursuant to the order of the Senate of Thursday, September 22, 2022 and the order of the House of Commons of Thursday, June 23, 2022, the Special Joint Committee on the Declaration of Emergency met this day in room 025-B, West Block, and with videoconference, at 6:42 p.m. ET, the joint chair, Mr. Matthew Green, presiding.

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

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

Acting members from the House of Commons: Julie Dabrusin for Yasir Naqvi (1).

Other members of the House of Commons present: Alex Ruff (1).

Participating in the meeting: Stephanie Feldman and Iryna Zazulya, analysts, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on 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.

WITNESSES:

As individuals:

Kent Roach, Professor, Faculty of Law, University of Toronto (by videoconference);

Leah West, Assistant Professor, Norman Patterson School of International Affairs, Carleton University.

Kent Roach and Leah West each made a statement and answered questions.

At 7:12 p.m., the Honourable Senator Boniface took the chair.

At 7:18 p.m., Mr. Green took the chair.

At 7:49 p.m., the Honourable Senator Boniface took the chair.

At 7:53 p.m., Mr. Green took the chair.

At 8:18 p.m., the Honourable Senator Boniface took the chair.

At 8:23 p.m., Mr. Green took the chair.

At 8:35 p.m., the committee suspended.

At 8:43 p.m., the committee resumed.

The Honourable Senator Harder, P.C. moved:

That following the last meeting in December:

(a) the committee invite no further witnesses;

(b) the analysts be instructed to prepare a summary of evidence to be distributed to members no later than February 10, 2023;

(c) any discussions regarding its report take place in camera; and

(d) the committee present its final report in the House of Commons and the Senate no later than March 31, 2023.

Mr. Motz moved that the motion be amended:

(a) by adding, at the end of paragraph (a), the words “until the Public Order Emergency Commission’s report has been published”; and

(b) by deleting paragraphs (c) and (d).

At 8:47 p.m. the Honourable Senator Boniface took the chair.

At 8:49 p.m., Mr. Green took the chair.

After debate, the question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senator Carignan, P.C. and Mr. Brock, Mr. Fortin and Mr. Motz — [4]

NAYS

The Honourable Senators Boniface and Harder, P.C. and Ms. Bendayan, Ms. Dabrusin, Mr. Green and Mr. Virani — [6]

ABSTENTIONS

NIL

Mr. Brock moved that the motion be amended:

(a) by adding, at the end of paragraph (a), the words “until the Public Order Emergency Commission’s report has been published”;

(b) in paragraph (c), by adding the word “final” before the word “report”; and

(c) in paragraph (d), by replacing the words “March 31” with the words “June 23”.

The chair ruled that paragraph (a) of the motion in amendment was out of order, as the committee had previously negatived a motion on the same question.

Mr. Brock withdrew paragraph (a) of the motion in amendment.

At 9:02 p.m. the Honourable Senator Boniface took the chair.

At 9:04 p.m., Mr. Green took the chair.

After debate, the question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senator Carignan, P.C. and Mr. Brock, Mr. Fortin and Mr. Motz  — [4]

NAYS

The Honourable Senators Boniface and Harder, P.C. and Ms. Bendayan, Ms. Dabrusin, Mr. Green and Mr. Virani — [6]

ABSTENTIONS

NIL

Mr. Motz moved that the motion be amended by adding, at the end of paragraph (a), the following:

“, provided that the joint clerks invite each individual and organization listed on the analysts’ work plan, dated May 11, 2022, who has not appeared before the committee, to submit a brief to the committee for its consideration, with briefs encouraged to be provided to the joint clerks within one month, and that the joint clerks shall arrange for any briefs provided to be translated, circulated to committee members, and published on the committee’s website”.

At 9:17 p.m. the Honourable Senator Boniface took the chair.

At 9:19 p.m., Mr. Green took the chair.

At 9:21 p.m., the committee suspended.

At 9:24 p.m., the committee resumed.

After debate, it was agreed that the motion in amendment be amended to read:

That the motion be amended by adding, at the end of paragraph (a), the following:

“, provided that the joint clerks invite individuals and organizations listed on the analysts’ work plan, dated May 11, 2022, who have not appeared before the committee or the Public Order Emergency Commission to submit a brief to the committee for its consideration, with briefs encouraged to be provided to the joint clerks within one month, that the joint clerks shall arrange for any briefs provided to be translated, circulated to committee members, and published on the committee’s website, that briefs be limited to five pages in length, and that the three joint chairs vet the list of invitations to ensure equity among each of the parties and senators”.

After debate, the question being put on the motion in amendment, as amended, it was adopted.

The question being put on the motion as amended, it was adopted, on division.

Mr. Motz moved:

That the committee finds the Department of Justice’s response to the committee’s Order of May 31, 2022, to be unsatisfactory and, therefore, orders the production of all 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; and

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

provided that

(d) these documents shall be deposited with the Office of the Law Clerk and Parliamentary Counsel of the Senate and the Office of the Law Clerk and Parliamentary Counsel of the House of Commons, in both official languages, within one month of the adoption of this Order;

(e) a copy of these documents shall also be deposited with the offices of the law clerks, 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;

(f) the offices of the law clerks shall promptly thereafter notify the joint chairs whether they are satisfied the requested documents were produced as ordered, and, if not, the joint chairs shall be instructed to convene a meeting of the committee, to discuss the matter, to be held within one House of Commons sitting week or three calendar weeks, whichever comes first;

(g) the offices of the law clerks shall cause a copy of the unredacted documents to be provided to the Public Order Emergency Commission forthwith upon receipt;

(h) the joint chairs shall cause the documents, as redacted pursuant to paragraph (e), to be distributed to the members of the committee and to be published on the committee’s website forthwith upon receipt;

(i) the offices of the law clerks shall discuss with the committee, at an in camera meeting, within one House of Commons sitting week of the documents being distributed pursuant to paragraph (h), whether they agree with the redactions proposed by the government pursuant to paragraph (e);

(j) the committee may, after hearing from the offices of the law clerks, pursuant to paragraph (i), 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; and

(k) the joint clerks be directed to bring this Order to the attention of the Public Order Emergency Commission.

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

YEAS

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

NAYS

The Honourable Senators Boniface and Harder, P.C. and Ms. Bendayan, Ms. Dabrusin and Mr. Virani — [5]

ABSTENTIONS

NIL

At 9:37 p.m., it was agreed that the committee adjourn to the call of the joint chairs.

ATTEST:

Miriam Burke

Angus Wilson (Acting)

Joint Clerks of the Committee