Proceedings of the Standing Senate Committee on
National Security and Defence
Issue 18 - Minutes of Proceedings - May 26, 2015
OTTAWA, Tuesday, May 26, 2015
(41)
[English]
The Standing Senate Committee on National Security and Defence met this day at 4:15 p.m., in room 2, Victoria Building, the chair, the Honourable Daniel Lang, presiding.
Members of the committee present: The Honourable Senators Beyak, Dagenais, Day, Jaffer, Kenny, Lang, Mitchell, Ngo, Runciman and Stewart Olsen (10).
In attendance: Holly Porteous and Christine Morris, Analysts, Parliamentary Information and Research Service, Library of Parliament; Alida Rubwindi, Communications Officer, Communications Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, May 14, 2015, the committee continued its examination of Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.
WITNESSES:
Public Safety Canada:
John Davies, Director General, National Security Policy, National and Cyber Security Branch;
Élise Renaud, Policy Specialist.
Department of Justice:
Sophie Beecher, Counsel, Public Safety Canada.
The chair asked whether the committee shall proceed to clause-by-clause consideration.
After debate, it was agreed that the committee proceed to clause-by-clause consideration of Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.
With leave, it was agreed that the committee be allowed to group clauses by part, where appropriate.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 of Part 1 shall carry.
The Honourable Senator Mitchell moved that Bill C-51 be amended in clause 2, on page 5, by replacing line 9 with the following:
"delegate, if the information is necessary to the".
Mr. Davies answered questions.
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed, on division, that clause 2 of Part 1 carry.
It was agreed, on division, that clauses 3 to 10 of Part 1 carry.
After debate, it was agreed, on division, that clauses 11 to 14, which form Part 2, carry.
After debate, it was agreed, on division, that clauses 15 to 39, which form Part 3, carry.
It was agreed, on division, that clauses 40 and 41 of Part 4 carry.
The chair asked whether clause 42 of Part 4 carry.
The Honourable Senator Mitchell moved that Bill C-51 be amended in clause 42, on page 49,
(a) by replacing lines 21 to 23 with the following:
"measures will be contrary to"; and
(b) by replacing line 29 with the following:
"enforcement power or authorizes the Service to take measures that will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.".
Mr. Davies answered questions.
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed, on division, that clause 42 of Part 4 carry.
It was agreed, on division, that clauses 43 to 51 of Part 4 carry.
It was agreed, on division, that clauses 52 to 56 of Part 5 carry.
After debate, it was agreed, on division, that clause 57 of Part 5 carry.
It was agreed, on division, that clause 58 to 60 of Part 5 carry.
It was agreed, on division, that clause 61 of Part 5 carry.
The Honourable Senator Mitchell moved that Bill C-51 be amended, on page 59, by adding after line 18 the following:
"61.1 (1) This Act ceases to have effect on the day that is five years after the day on which it received Royal Assent unless, before the end of that day, its application is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).
(2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of this Act and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.
(3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.
(4) The application of this Act may be further extended in accordance with the procedure set out in this section, with the words "the day on which it received Royal Assent" in subsection (1) read as "the expiration of the most recent extension under this section".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed, on division, that clause 62 of part 4 carry.
It was agreed, on division, that the schedule carry.
It was agreed, on division, that clause 1, which contains the short title, carry.
It was agreed, on division, that the title carry.
It was agreed, on division, that the bill carry.
At 5:01 p.m., the committee suspended.
At 5:05 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera for the consideration of a draft report.
It was agreed that senators' staff be permitted to remain in the room.
At 5:23 p.m., the committee resumed in public.
It was agreed, on division, that the bill be reported to the Senate without amendment, but with observations.
At 5:25 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee