Proceedings of the Special Senate Committee on Bill C-36 (formerly the Subject Matter of Bill C-36)
Issue 10 - Minutes of Proceedings
OTTAWA, Monday, December 10, 2001
(21)
[English]
The Special Senate Committee on Bill C-36 met this day in room 505, Victoria Building, at 10:14 a.m., the Honourable Joyce Fairbairn, P.C., Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Bryden, Fairbairn, P.C., Fraser, Furey, Jaffer, Kelleher, P.C., Lynch-Staunton, Murray, P.C., Poulin, Phalen and Robichaud P.C. (13).
In attendance: Philip Rosen and Ben Dolin, Research Officers, Research Branch, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted in the Senate on Thursday, November 29, 2001, the Committee continued its consideration of Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism.
The Chair made an opening statement.
It was agreed - That the committee complete clause-by-clause consideration of Bill C-36.
It was agreed - That the Title stand.
It was agreed - That the Preamble stand.
It was agreed - That Clause 1 stand.
It was agreed - That Clauses 2 and 3 carry, on division.
It was moved by the Honourable Senator Andreychuk - That Bill C-36 be amended in Clause 4, by replacing line 46 on page 13 and lines 2 to 4 on page 14 with the following:
"(1) That is committed in whole or in part with the."
After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn, Robichaud - 2.Therefore, the motion in amendment was defeated.
It was moved by the Honourable Senator Beaudoin - That Bill C-36 be amended in Clause 4, on page 29, by replacing line 40 with the following:
"83.19 Every one who knowingly facili-";
and on page 30, by deleting lines 1 to 9.
After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn, Robichaud - 2.Therefore, the motion in amendment was defeated.
It was moved by the Honourable Senator Kelleher - That Bill C-36 be amended in Clause 4, page 34, by replacing line 27 with the following:
"information or to privilege or would disclose any solicitor-client communications.".
After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn, Robichaud - 2.Therefore, the motion in amendment was defeated.
The question being put on the main motion (Clause 4), the motion was agreed, on division.
It was agreed, on division, - That Clauses 5 to 42 carry.
It was moved by the Honourable Senator Lynch-Staunton - That Bill C-36 be amended in Clause 43, on page 78, by replacing line 3 with the following:
"other person interested may object to the disclosure of".
After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn, Robichaud - 2.Therefore, the motion in amendment was defeated.
The question being put on the main motion (Clause 43), the motion was agreed, on division.
It was agreed, on division, - That Clauses 44 to 101 carry.
On motion of the Honourable Senator Murray, it was agreed - That Clause 102 be postponed.
The Honourable Senator Murray moved - That Bill C-36 be amended, by adding a new Clause 46 on page 183, adding after line 19, the following:
"Oversight and Report
146. (1) Within 90 days after this Act receives royal assent, Parliament shall appoint an officer of Parliament to monitor, as appropriate, the exercise of the duties and functions provided in this Act, excluding the duties and functions of the Information Commissioner under section 69.1 of the Access to Information Act, as enacted by section 87 of this Act, and the powers and duties of the Privacy Commissioner under section 70.1 of the Privacy Act, as enacted by section 104 of this Act and Security Intelligence Review Committee.
(2) The officer referred to in subsection (1) shall table in both Houses of Parliament, annually or more frequently, as appropriate, a report on the exercise of the powers and duties provided in this Act, except those excluded under subsection (1)."; and
by renumbering clause 146 as clause 147, and any cross-references thereto accordingly.
After debate,
The question being put on the proposed new clause, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn - 1.Therefore, the motion was defeated.
It was agreed to revert to Clause 102.
It was moved by the Honourable Senator Murray - That Bill C-36 be amended in Clause 102, page 128, by replacing line 22 with the following:
"Parliament, shall oversee all the activities, except the activities of the Information Commissioner and of the Privacy Commissioner and the Security Intelligence Review Committee, and carried out under the Acts amended by the Anti-terrorism Act, and may carry out and engage in".
After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.Therefore, the motion in amendment was defeated.NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn - 1.
It was agreed, on division, that Clause 102 carry.
It was agreed, on division, that Clause 146 carry.
It was moved by the Honourable Senator Beaudoin - That Bill C-36 be amended to contain a new clause 147, as follows:
"Expiration
147. (1) The provisions of this Act, except those referred to in subsection (2), cease to be in force five years after the day on which this Act receives royal assent or on any earlier day fixed by order of the Governor in Council.
(2) Subsection (1) does not apply to section 320.1 of the Criminal Code, as enacted by section 10, to subsection 430(4.1) of the Criminal Code, as enacted by section 12, to subsection 13(2) of the Canadian Human Rights Act, as enacted by section 88, or to the provisions of this Act that enable Canada to fulfill its commitments under the conventions referred to in the definition "United Nations operation" in subsection 2(2) and in the definition "terrorist activity" in subsection 83.01(1) of the Criminal Code, as enacted by section 4.".
After debate,
The question being put on the proposed new clause, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Beaudoin, Kelleher, Lynch-Staunton, Murray - 5.
NAYS: Bryden, Fraser, Furey, Jaffer, Phalen, Poulin - 6.
ABSTENTIONS: Fairbairn - 1.Therefore, the motion was defeated.
It was agreed, on division, that Schedule 1 carry.
It was agreed, on division, that Schedule 2 carry.
It was agreed, on division, that Clause 1 carry.
It was agreed, on division, that the Preamble carry.
It was agreed, on division, that the Title carry.
It was agreed, on division, that Bill C-36 be adopted without amendment
It was agreed, on division, - That the Chair report Bill C-36, with observations, at the next sitting of the Senate.
The committee proceeded to discuss the possibility of adding observations to the committee's report.
After debate,
It was agreed that observations entitled "Liberal Majority Observations" and "Progressive Conservative Senators' Observations" be appended to the report.
At 1:58 p.m. the committee adjourned to the call of the Chair.
ATTEST:
Heather Lank
Clerk of the Committee