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DEDC Committee Report

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List of Recommendations

 

As a result of their deliberations, committees may make recommendations that they include in their reports for the consideration of the Senate, House of Commons or the Government. Recommendations related to this parliamentary review are listed below.

Recommendation 1

That the federal government amend the Emergencies Act to ensure that the parliamentary review committee:

  • is appointed within 48 hours after the proclamation of the emergency;
  • sit only over the course of the emergency in an oversight capacity; and
  • not sit simultaneously with the inquiry provided for in section 63 of the Emergencies Act.

Recommendation 2

That the federal government amend the Emergencies Act to require that the motion considered in each house of Parliament to confirm a declaration of emergency also make provision for the designation or establishment of the parliamentary review committee, so as to ensure that the committee becomes active at the earliest possible opportunity.

Recommendation 3

That the Senate and House of Commons administrations provide any future parliamentary review committee with an overriding priority to access the use of parliamentary resources available for committee meetings during a period of national emergency.

Recommendation 4

That the federal government collaborate with Parliament to ensure that the Emergencies Act is amended to include an automatic review of the Act itself by way of a joint parliamentary committee, either within the 12 months following the production of the final report on the mandated inquiry when the Act has been invoked, or every 10 years when the Act has not been invoked.

Recommendation 5

That the federal government amend the Emergencies Act to provide that it be required to undertake and set the parameters for consultations with Indigenous peoples prior to the invocation of the Emergencies Act, with due regard to the principles of the United Nations Declaration on the Rights of Indigenous Peoples, including justice, democracy, respect for human rights, non-discrimination and good faith.

Recommendation 6

That the municipalities that bear costs reasonably incurred as a result of an emergency (such as, jersey barriers) be indemnified in the event of such expenses; and that a tripartite roundtable composed of federal, provincial and municipal appointees be convened to discuss these costs in the aftermath of an emergency.

Recommendation 7

That the federal government amend the Emergencies Act to provide a clear and delineated role for the provinces in the event of future disruptions, and that, as part of this exercise: (a) there should be a review of policing roles, including jurisdictional responsibilities; (b) the three levels of government should enter into an agreement that clearly delineates those roles and responsibilities in the event of an emergency in the National Capital Region and at border crossings; and (c) other crucial areas and infrastructure should also be considered within this review.

Recommendation 8

That the federal government, in conjunction with Indigenous, provincial, and territorial governments; police and intelligence agencies; the Parliamentary Protective Service; the Canadian Association of Chiefs of Police; and other stakeholders, develop or enhance protocols on information sharing, intelligence gathering, and distribution that:

  • identify how and by whom information and intelligence should be collected, analyzed and distributed for major events, such as protests, that have multijurisdictional or national significance;
  • enhance the ability to collaboratively evaluate information collected for reliability;
  • adhere to the Canadian Charter of Rights and Freedoms and the reasonable expectations of privacy of those affected;
  • enhance record-keeping regarding the collection, analysis and distribution of information and intelligence;
  • ensure compliance with legislative mandates, for example, statutory limits on surveillance of lawful protests by the Canadian Security Intelligence Service;
  • promote appropriate access to and interpretation of social media and open-source materials;
  • ensure that, where appropriate, comprehensive, timely and reliable intelligence is communicated to police and government within their appropriate spheres of decision making; and
  • promote objective, evidence-based risk assessments that are written to both acknowledge information deficits and avoid misinterpretation.

Recommendation 9

That the federal government, in conjunction with Indigenous, provincial, and territorial governments; police and intelligence agencies; the Parliamentary Protective Service; the Canadian Association of Chiefs of Police; and other stakeholders, consider the creation of a single national intelligence coordinator for major events of a national, interprovincial or interterritorial dimension.

Recommendation 10

That the Parliamentary Precinct be expanded to include Wellington Street; and that additional expansions to the Parliamentary Precinct be considered in consultation with the Parliamentary Protective Service, Ottawa Police Service, Ontario Provincial Police, and the federal, provincial and municipal governments.

Recommendation 11

That, in view of the above recommendation, the federal government give consideration to resource allocation for the Parliamentary Protective Service to secure an enlarged Parliamentary Precinct; and that Wellington Street be closed to vehicular traffic in order to further secure Parliament Hill for parliamentarians, visitors and residents of the area.

Recommendation 12

That decisions concerning parliamentary security operations, and particularly in striking the right balance in ensuring the Parliament of Canada is safe and secure while remaining open and accessible to all, including those peacefully protesting, be the responsibility of security and policing professionals, and be subject to parliamentary oversight.

Recommendation 13

That the federal government review the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to determine if the Financial Transactions and Reports Analysis Centre of Canada should be given any additional powers when there are “threats to the security of Canada” as defined by the Canadian Security Intelligence Service Act.

Recommendation 14

That the federal government review the Canadian Security Intelligence Service Act to ensure that the definition of “threats to the security of Canada” and the Canadian Security Intelligence Service’s operational mandate are adequate and consistent with the Emergencies Act.

Recommendation 15

That the federal government remove the incorporation by reference into the Emergencies Act of the definition of “threats to the security of Canada” from the Canadian Security Intelligence Service Act.

Recommendation 16

That the federal government assess the role that economic factors may play in determining the existence of a “national emergency” and amend the Emergencies Act accordingly.

Recommendation 17

That the federal government, in collaboration with the Canadian Bankers Association, the Canadian Credit Union Association and the Financial Transactions and Report Analysis Centre of Canada, develop standardized processes regarding freezing and unfreezing accounts in the case that the Emergencies Act is invoked.

Recommendation 18

That the federal government review the financial measures of the Emergencies Act and the amendments made to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations in April 2022 to determine their efficacy and if legislation to address any gaps in regard to regulations for crowdfunding platforms should be enacted.

Recommendation 19

That the federal government amend section 4.2 of the Department of Justice Act, concerning the requirements for the Minister of Justice to table a “Charter statement” on government legislation, so as to require such statements to be tabled with respect to any declaration of emergency and each regulation or order adopted in respect of a national emergency.

Recommendation 20

That the federal government be required to keep a thorough written record of the process leading to a declaration of emergency to prevent revisionist testimony and that this written record should be provided to the parliamentary review committee once it is appointed.

Recommendation 21

That the federal government amend the Emergencies Act to better define the parliamentary review committee’s role; and that a new definition include matters pertaining to the access of documents beyond access to those orders and regulations currently outlined within this Act.