Proceedings of the Standing Senate Committee on
National Security and Defence
Issue 14 - Minutes of Proceedings - March 23, 2015
OTTAWA, Monday, March 23, 2015
(32)
[English]
The Standing Senate Committee on National Security and Defence met this day at 1 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, Kenny, Lang, Mitchell, Ngo and Stewart Olsen (8).
Other senator present: The Honourable Senator Baker, P.C. (1).
In attendance: Holly Porteous, Christina Yeung and Dominique Valiquet, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, February 26, 2015, the committee continued its examination of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 9.)
WITNESSES:
As individuals:
Christian Leuprecht, Associate Professor, Department of Political Science and Economics, Royal Military College of Canada;
Garth Davies, Associate Professor, School of Criminology, Simon Fraser University;
Craig Forcese, Associate Professor, Faculty of Law (Common Law Section), University of Ottawa;
Paul Copeland, Human Rights Lawyer.
Department of Justice:
Nathalie Benoit, General Counsel.
The chair made a statement.
Mr. Leuprecht and Mr. Davies each made a statement and, together answered questions.
At 2:07 p.m., the committee suspended.
At 2:11 p.m., the committee resumed.
Mr. Forcese and Mr. Copeland each made a statement and, together answered questions.
At 3:09 p.m., the committee suspended.
At 3:12 p.m., the committee resumed.
After debate, at 3:22 p.m., the committee suspended.
At 3:38 p.m., the committee resumed and pursuant to the order of reference adopted by the Senate on Thursday, December 11, 2014, the committee continued its examination of Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces). (For complete text of the order of reference, see proceedings of the committee, Issue No. 13.)
The Honourable Senator Day, Chair of the Subcommittee on Veterans Affairs, to which had been referred on February 2, 2015, Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces), reported that the subcommittee has examined said bill and now reports the same without amendment.
The Honourable Senator Day moved:
That the committee adopt Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces), without amendment and that the chair report the bill to the Senate.
The question put on the motion, it was adopted.
At 3:40 p.m., pursuant to the order of reference adopted by the Senate on Thursday, February 26, 2015, the committee continued its examination of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 9.)
It was agreed, on division, that the committee proceed to clause-by-clause consideration of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts.
Ms. Benoit was called at the table and from time to time answered questions.
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 shall carry.
The Honourable Senator Mitchell moved:
That Bill C-44 be amended in clause 2, on page 1, by replacing line 10 with the following:
"having received an explicit promise that their identity will be kept confidential, has".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 2 carry, on division.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
The chair asked whether clause 7 shall carry.
The Honourable Senator Mitchell moved:
That Bill C-44 be amended in clause 7, on page 3, by replacing line 24 with the following:
"establish the accused's innocence or to ensure that the proceeding is fair and conducted in accordance with the principles of fundamental justice, and that it".
After debate, Senator Mitchell retrieved his motion in amendment.
It was agreed that clause 7 carry, on division.
It was agreed that clause 8 carry.
The Honourable Senator Mitchell moved:
That Bill C-44 be amended, on page 4, by adding after line 39 the following:
"8.1 (1) Paragraph 38(1)(a) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) to review the practices of the Service in relation to the giving of promises of confidentiality to human sources,
(2) Paragraph 38(1)(a) of the Act is amended by adding the following after subparagraph (v):
(v.1) to monitor any warrant issued under subsection 21(3) that authorizes activities outside Canada pursuant to subsection 21(3.1),".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that the bill carry, on division.
It was agreed, on division, that the chair report the bill to the Senate.
At 4:28 p.m., the committee suspended.
At 4:30 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera for the consideration of a draft agenda (future business).
It was agreed that senators' staff be permitted to remain in the room.
At 4:41 p.m., the committee adjourned to the call of the chair.
ATTEST:
Josée Thérien
Clerk of the Committee