DEDC Committee Meeting

THE SPECIAL JOINT COMMITTEE ON THE DECLARATION OF EMERGENCY

MINUTES OF PROCEEDINGS

OTTAWA, Tuesday, May 31, 2022
(8)

[English]

Pursuant to the order of the Senate of Thursday, March 3, 2022 and the order of the House of Commons on Wednesday, March 2, 2022, the Special Joint Committee on the Declaration of Emergency met this day in room 025-B, West Block, and with videoconference, at 6:36 p.m. ET, the joint chair, Mr. Rhéal Éloi Fortin, presiding.

Representing the Senate: The Honourable Senators Boniface, Carignan, P.C., Harder, P.C. and White (4).

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).

Participating in the meeting: Paul Cardegna, Procedural Clerk, House of Commons; Stephanie Feldman and Colin Sawatzky, 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.

Ms. Bendayan moved:

That the following regularly scheduled meetings of the committee be programmed as follows: 

1. That the committee invite Department of Justice officials and Department of Public Safety officials, to appear on June 7^th, for a period of 1.5 hours each, to discuss measures invoked on February 14th under the Emergencies Act;
2. That the committee invite the Minister of Finance and Deputy Prime Minister, and the President of the Queen's Privy Council and Minister of Emergency Preparedness to appear on June 14^th to discuss measures invoked on February 14th under the Emergencies Act for a period of 1.5 hours each;
3. That the committee invite representatives from Parliamentary Protective Service, the Usher of the Black Rod and the Sergeant at Arms to appear on June 21^st to discuss measures invoked on February 14th under the Emergencies Act for a period of 1.5 hours;
4. That the committee invite the Ontario Provincial Police and Ottawa Police Service to appear on June 21^st to discuss measures invoked on February 14th under the Emergencies Act for a period of 1.5 hours.

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

That the following regularly scheduled meetings of the committee be programmed as follows: 

1. That the committee invite Department of Justice officials and Department of Public Safety officials, to appear on June 7^th, for a period of 1.5 hours each, to discuss measures invoked on February 14th under the Emergencies Act;
2. That the committee invite the Minister of Finance and Deputy Prime Minister, and the President of the Queen's Privy Council and Minister of Emergency Preparedness to appear on June 14^th to discuss measures invoked on February 14th under the Emergencies Act for a period of 1.5 hours each;
3. That the committee invite the Commissioner and senior officials of the Ontario Provincial Police and Acting chief Bell and Deputy Chief Ferguson of the Ottawa Police Service to appear on June 21^st to discuss measures invoked on February 14th under the Emergencies Act for a period of 1.5 hours each.

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

At 7:15 p.m., the committee suspended.

At 7:16 p.m., the committee resumed.

It was agreed to resume debate on the following motion of Mr. Motz:

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.

The Honourable Senator White moved:

That the motion be amended by deleting paragrapghs (j) and (k).

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

Mr. Virani moved:

That the motion be amended:

(a) by removing, in paragraph D, the following: “, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act ….”

(b) by removing, in paragraph E, the following: “, including the analysis relied upon by the Minister of Justice in discharging his responsibilities under section 4.1 of the Department of Justice Act ….”

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

After debate,It was agreed to proceed through the motion paragraph by paragraph.

It was agreed that paragraph (a) be adopted.

It was agreed that paragraph (b) be adopted.

It was agreed that paragraph (c) be adopted.

It was agreed that paragraph (d) be adopted.

It was agreed that paragraph (e) be adopted.

Mr. Virani moved:

That paragraph (f) be amended:

By replacing the words  “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” with the words “deposited with the committee”

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

At 7:45 p.m., the committee suspended.

At 7:57 p.m., the committee resumed.

The Honourable Senator Harder moved:

That the motion be amended by deleting paragraphs (g), (h), and (i)..

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

It was agreed that the motion, as amended, beadopted.

At 8:31 p.m., the committee suspended.

At 8:44 p.m., the committee resumed.

Mr. Naqvi moved:

That the committee instruct the analysts to prepare an interim report and that this report be tabled in the House no later than Thursday, September 29, 2022, and the committee instruct the analysts to prepare a final report and that this final report be tabled in the House no later than December 8^th, 2022.

After debate, the Honourable Senator White moved:

That debate on the motion be adjourned.

The question being put on the motion to adjourn debate, 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. Motz, Mr. Naqvi and Mr. Virani – [10]

NAYS

Mr. Green – [1]

ABSTENTIONS

Nil

The Honourable Senator Boniface moved:

That the Committee seek a joint opinion from the Law Clerk of the Senate and the Law Clerk of the House of Commons as to what information the Committee can access from witnesses in relation to the oath of secrecy found in the Schedule of the Emergencies Act and referred to in 62(3) of that same Act and that the joint opinion be submitted to the joint committee clerks for distribution to members by June 13th, 2022.

At 8:57 p.m., the committee suspended.

At 9:07 p.m., the committee resumed.

Mr. Virani moved:

That the motion be amended by replacing the words “joint opinion” with the words “joint written opinion”.

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

Mr. Fortin moved:

That the motion be amended to replace “joint written opinion” with “separate written opinions”.

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

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

NAYS

The Honourable Senator Carignan P.C and Mr. Fortin  – [2]

ABSTENTIONS

Nil

At 9:17 p.m., the committee adjourned to the call of the chair.

ATTEST:

Miriam Burke

Mark Palmer

Joint Clerks of the Committee