Journals of the Senate
2nd Session, 41st Parliament
Issue 148
Thursday, June 4, 2015
1:30 p.m.
The Honourable Leo Housakos, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Housakos, Jaffer, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Housakos, Jaffer, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Wallace, Watt, Wells, White
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Alasdair Graham, former Senator, whose death occurred on April 22, 2015.
Senators' Statements
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable the Speaker tabled the following:
Reports of the Office of the Commissioner of Official Languages for the fiscal year ended March 31, 2015, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/41-1235.
Presenting or Tabling Reports from Committees
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its twenty-ninth report (Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts, without amendment).
The Honourable Senator Plett moved, seconded by the Honourable Senator Dagenais, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Marshall, Member of the Standing Committee on Internal
Economy, Budgets and Administration, tabled its fifteenth report (Subject
matter of Bill C-59 (Division 10 of Part 3)).—Sessional Paper No. 2/
41-1236S.
(Pursuant to the order adopted on May 14, 2015, the report was deemed
referred to the Standing Senate Committee on National Finance and placed on the
Orders of the Day for consideration at the next sitting.)
° ° °
The Honourable Senator Gerstein, Chair of the Standing Senate Committee on
Banking, Trade and Commerce, tabled its eleventh report (Subject matter of
Bill C-59 (Divisions 14 and 19 of Part 3)).—Sessional Paper No. 2/41- 1237S.
(Pursuant to the order adopted on May 14, 2015, the report was deemed
referred to the Standing Senate Committee on National Finance and placed on the
Orders of the Day for consideration at the next sitting.)
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-63, An Act to give effect to the Déline Final Self- Government Agreement and to make consequential and related amendments to other Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-643, An Act to establish National Spinal Cord Injury Awareness Day, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presenting or Tabling Reports from Committees.
The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its thirteenth report (Bill C-46, An Act to amend the National Energy Board Act and the Canada Oil and Gas Operations Act, without amendment).
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Unger, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Messages from the House of Commons
Resuming debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Batters:
That the Senate concur in the amendments made by the House of Commons to Bill S-3, An Act to amend the Coastal Fisheries Protection Act; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted.
Bills — Third Reading
Third reading of Bill C-2, An Act to amend the Controlled Drugs and Substances Act.
The Honourable Senator Dagenais moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the third time.
After debate,
The Honourable Senator Campbell moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator LeBreton, P.C., for the second reading of Bill C-52, An Act to amend the Canada Transportation Act and the Railway Safety Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Greene, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts.
The Honourable Senator Beyak moved, seconded by the Honourable Senator Enverga, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Beyak moved, seconded by the Honourable Senator Ataullahjan, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Greene:
That, pursuant to rule 7-2, not more than a further six hours of debate be allocated for consideration at third reading stage 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.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Wells, White—42
NAYS
The Honourable Senators
Chaput, Cools, Cordy, Cowan, Day, Downe, Dyck, Fraser, Furey, Jaffer, Lovelace Nicholas, Mitchell, Moore, Munson, Ringuette, Sibbeston, Tardif—17
ABSTENTIONS
The Honourable Senators
Nil
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Boisvenu, for the third reading 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;
And on the motion in amendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, that the bill be not now read a third time, but that it be amended
(a) in clause 2, on page 5:
(i) by adding after line 15 the following:
"(1.1) Each Government of Canada institution that discloses information under subsection (1) must do so in accordance with clearly established policies respecting screening for relevance, reliability and accuracy of the information.'', and
(ii) by adding after line 18 the following:
"(3) Prior to disclosing information under this section, the Government of Canada institution must enter into a written arrangement with the recipient Government of Canada institution specifying principles governing information sharing between the Government of Canada institutions.
(4) The written arrangement entered into pursuant to subsection (3) must be consistent with the principles enumerated in section 4, and include provisions respecting the circumstances under which shared information is retained and destroyed, the confirmation of the reliability of the shared information and future use of the shared information.
(5) The Government of Canada institution must
(a) notify the Privacy Commissioner of any written arrangement into which the institution plans to enter; and
(b) give reasonable time to the Privacy Commissioner to make observations.
(6) A copy of any written arrangement entered into pursuant to subsection (3) must be provided to the Privacy Commissioner.'';
(b) in clause 6,
(i) on page 8, by replacing line 31 with the following:
"6. The portion of subsection 241(9) of'', and
(ii) on page 9,
(A) by replacing line 2 with the following:
"(b) designated taxpayer information, if there are reason-'', and
(B) by deleting lines 19 to 21;
(c) in clause 42, on page 49,
(i) by replacing lines 21 to 23 with the following:
"measures will be contrary to'', and
(ii) 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.'';
(d) in clause 50, on page 55, by replacing line 1with the following:
"50. (1) Paragraph 38(1)(a) of the Act is amended by striking out "and'' at the end of subparagraph (vi), by adding "and'' at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) to review the use, retention and further disclosure of any information disclosed by the Service to a Government of Canada institution, as defined in section 2 of the Security of Canada Information Sharing Act, or to the government of a foreign state or an institution thereof or an international organization of states or an institution thereof;
(2) Section 38 of the Act is amended by'';
(e) on page 55, by adding after line 8 the following:
"50.1 Subsection 39(2) of the Act is amended by striking out "and'' at the end of paragraph (a), and by adding the following after paragraph (b):
(c) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the Government of Canada institution concerned that is relevant to the review; and
(d) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the government of a foreign state or an institution thereof or an international organization of states or an institution thereof that the government, international organization or institution consents, upon request by the Review Committee, to disclose any information that is relevant to the review.
50.2 The Act is amended by adding the following after section 39:
39.1 (1) If on reasonable grounds the Review Committee believes it necessary for the performance of any of its functions under this Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Review Committee may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Review Committee must notify the Director and give reasonable time for the Director to make submissions.
(3) In the event that the Director objects to the sharing of information under this section, the Review Committee may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Service's performance of its duties and functions under this Act.
(4) If the Review Committee dismisses the Director's objection, the Director may apply to a judge within 10 days for an order staying the information sharing.
(5) A judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue under this section would seriously injure the Service's performance of its duties and functions under this Act.
(6) At any time, the Review Committee may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Review Committee may request information it believes necessary for the performance of any of its duties and functions under this Act from the Commissioner of the Communications Security Establishment, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.'';
(f) on page 55, by adding after line 16 the following:
"51.1 The Act is amended by adding the following after section 55:
PART III.1
SECURITY OVERSIGHT COMMITTEE OF PARLIAMENT
55.1 (1) There is established a committee, to be known as the Security Oversight Committee of Parliament, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries.
(2) Subject to subsection (3), the Committee is to be composed of eight members, of whom four must be members of the Senate and four must be members of the House of Commons, and it shall include at least one member of each of the parties recognized in the Senate and in the House of Commons.
(3) If either of the two Houses of Parliament has more than four recognized parties, the committee membership must increase to include at least one member of each of the parties recognized in the Senate and in the House of Commons and to maintain an equal number of members of the Senate and members of the House of Commons.
(4) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(5) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(6) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
(7) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(8) Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath of secrecy and must comply with the oath both during and after their term of appointment or employment.
(9) For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
(10) Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
(11) Meetings of the Committee must be held in camera whenever a majority of members present considers it necessary for the Committee to do so.
(12) The mandate of the Committee is to review the activities of the Service and the legislative, regulatory, policy and administrative framework under which the Service operates, and to report annually to each House of Parliament on the reviews conducted by the Committee.
(13) The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
(14) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (15), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(15) No information described in subsection (14), other than a confidence of the Queen's Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
(16) The annual report required under subsection (12) shall be submitted to the Speakers of the Senate and the House of Commons, and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.
(17) In this section, "Committee'' means the Security Oversight Committee of Parliament established by subsection (1).
Related Amendments
National Defence Act
51.2 The National Defence Act is amended by adding the following after section 273.64:
273.641 (1) If on reasonable grounds the Commissioner believes it necessary for the performance of any of the Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Commissioner may convey any information that the Commissioner is empowered to obtain and possess under this Act to
(a) the Security Intelligence Review Committee;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commissioner must notify the Chief and give reasonable time for the Chief to make submissions.
(3) In the event that the Chief objects to the sharing of information under this section, the Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Establishment's performance of its duties and functions under this Act.
(4) If the Commissioner dismisses the Chief's objection, the Chief may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Establishment's performance of its duties and functions under this Act.
(6) At any time, the Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commissioner may request information the Commissioner believes necessary for the performance of any of the Commissioner's functions under this Act from the Security Intelligence Review Committee, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.
Royal Canadian Mounted Police Act
51.3 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
45.471 (1) Despite any other provision in this Act, if on reasonable grounds the Commission believes it necessary for the performance of any of its functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, or those of the Privacy Commissioner under the Privacy Act, the Commission may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commission must notify the Commissioner and give reasonable time for the Commissioner to make submissions.
(3) In the event that the Commissioner objects to the sharing of information under this section, the Commission may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Force's performance of its duties and functions under this Act.
(4) If the Commission dismisses the Commissioner's objection, the Commissioner may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Force's performance of its duties and functions under this Act.
(6) At any time, the Commission may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commission may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Privacy Commissioner.
Privacy Act
51.4 The Privacy Act is amended by adding the following after section 34:
34.1 (1) Despite any other provision in this Act, if on reasonable grounds the Commissioner believes it necessary for the performance of any of the Privacy Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act or those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act, the Privacy Commissioner may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
(2) Before conveying any information referred to in subsection (1), the Privacy Commissioner must notify the head of the government institution and give reasonable time for the head to make submissions.
(3) In the event that the head objects to the sharing of information under this section, the Privacy Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(4) If the Privacy Commissioner dismisses the head's objection, the head may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(6) At any time, the Privacy Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Privacy Commissioner may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.'';
(g) in clause 57, on page 57, by deleting lines 4 to 33; and
(h) in clause 59, on page 57, by replacing line 43 with the following:
"85.4 (1) The'';
And on the motion in amendment of the Honourable Senator Jaffer, seconded by the Honourable Senator Fraser, that the bill be not now read a third time, but that it be amended in clause 16,
(a) on page 25, by replacing lines 36 to 41 with the following:
"nicating statements, wilfully advocates or promotes the carrying out of a terrorist activity for the purpose of inciting an act or omission that would be a terrorism offence — other than an offence under this section — "; and
(b) on page 26,
(i) by deleting line 1, and
(ii) by adding after line 4 the following:
"(1.1) No person shall be convicted of an offence under subsection (1)
(a) if the person establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; or
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds the person believed them to be true.'';
And on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Munson, that the bill be not now read a third time but that it be amended in clause 2, on page 3, by adding, after line 43, the following:
"2.1. For greater certainty, nothing in this Act or the regulations is to be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
After debate,
The question being put on the motion in amendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, that the bill be not now read a third time, but that it be amended
(a) in clause 2, on page 5:
(i) by adding after line 15 the following:
"(1.1) Each Government of Canada institution that discloses information under subsection (1) must do so in accordance with clearly established policies respecting screening for relevance, reliability and accuracy of the information.'', and
(ii) by adding after line 18 the following:
"(3) Prior to disclosing information under this section, the Government of Canada institution must enter into a written arrangement with the recipient Government of Canada institution specifying principles governing information sharing between the Government of Canada institutions.
(4) The written arrangement entered into pursuant to subsection (3) must be consistent with the principles enumerated in section 4, and include provisions respecting the circumstances under which shared information is retained and destroyed, the confirmation of the reliability of the shared information and future use of the shared information.
(5) The Government of Canada institution must
(a) notify the Privacy Commissioner of any written arrangement into which the institution plans to enter; and
(b) give reasonable time to the Privacy Commissioner to make observations.
(6) A copy of any written arrangement entered into pursuant to subsection (3) must be provided to the Privacy Commissioner.'';
(b) in clause 6,
(i) on page 8, by replacing line 31 with the following:
"6. The portion of subsection 241(9) of'', and
(ii) on page 9,
(A) by replacing line 2 with the following:
"(b) designated taxpayer information, if there are reason-'', and
(B) by deleting lines 19 to 21;
(c) in clause 42, on page 49,
(i) by replacing lines 21 to 23 with the following:
"measures will be contrary to'', and
(ii) 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.'';
(d) in clause 50, on page 55, by replacing line 1 with the following:
"50. (1) Paragraph 38(1)(a) of the Act is amended by striking out "and'' at the end of subparagraph (vi), by adding "and'' at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) to review the use, retention and further disclosure of any information disclosed by the Service to a Government of Canada institution, as defined in section 2 of the Security of Canada Information Sharing Act, or to the government of a foreign state or an institution thereof or an international organization of states or an institution thereof;
(2) Section 38 of the Act is amended by'';
(e) on page 55, by adding after line 8 the following:
"50.1 Subsection 39(2) of the Act is amended by striking out "and'' at the end of paragraph (a), and by adding the following after paragraph (b):
(c) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the Government of Canada institution concerned that is relevant to the review; and
(d) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the government of a foreign state or an institution thereof or an international organization of states or an institution thereof that the government, international organization or institution consents, upon request by the Review Committee, to disclose any information that is relevant to the review.
50.2 The Act is amended by adding the following after section 39:
39.1 (1) If on reasonable grounds the Review Committee believes it necessary for the performance of any of its functions under this Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Review Committee may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Review Committee must notify the Director and give reasonable time for the Director to make submissions.
(3) In the event that the Director objects to the sharing of information under this section, the Review Committee may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Service's performance of its duties and functions under this Act.
(4) If the Review Committee dismisses the Director's objection, the Director may apply to a judge within 10 days for an order staying the information sharing.
(5) A judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue under this section would seriously injure the Service's performance of its duties and functions under this Act.
(6) At any time, the Review Committee may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Review Committee may request information it believes necessary for the performance of any of its duties and functions under this Act from the Commissioner of the Communications Security Establishment, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.'';
(f) on page 55, by adding after line 16 the following:
"51.1 The Act is amended by adding the following after section 55:
PART III.1
SECURITY OVERSIGHT COMMITTEE OF PARLIAMENT
55.1 (1) There is established a committee, to be known as the Security Oversight Committee of Parliament, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries.
(2) Subject to subsection (3), the Committee is to be composed of eight members, of whom four must be members of the Senate and four must be members of the House of Commons, and it shall include at least one member of each of the parties recognized in the Senate and in the House of Commons.
(3) If either of the two Houses of Parliament has more than four recognized parties, the committee membership must increase to include at least one member of each of the parties recognized in the Senate and in the House of Commons and to maintain an equal number of members of the Senate and members of the House of Commons.
(4) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(5) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(6) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
(7) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(8) Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath of secrecy and must comply with the oath both during and after their term of appointment or employment.
(9) For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
(10) Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
(11) Meetings of the Committee must be held in camera whenever a majority of members present considers it necessary for the Committee to do so.
(12) The mandate of the Committee is to review the activities of the Service and the legislative, regulatory, policy and administrative framework under which the Service operates, and to report annually to each House of Parliament on the reviews conducted by the Committee.
(13) The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
(14) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (15), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(15) No information described in subsection (14), other than a confidence of the Queen's Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
(16) The annual report required under subsection (12) shall be submitted to the Speakers of the Senate and the House of Commons, and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.
(17) In this section, "Committee'' means the Security Oversight Committee of Parliament established by subsection (1).
Related Amendments
National Defence Act
51.2 The National Defence Act is amended by adding the following after section 273.64:
273.641 (1) If on reasonable grounds the Commissioner believes it necessary for the performance of any of the Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Commissioner may convey any information that the Commissioner is empowered to obtain and possess under this Act to
(a) the Security Intelligence Review Committee;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commissioner must notify the Chief and give reasonable time for the Chief to make submissions.
(3) In the event that the Chief objects to the sharing of information under this section, the Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Establishment's performance of its duties and functions under this Act.
(4) If the Commissioner dismisses the Chief's objection, the Chief may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Establishment's performance of its duties and functions under this Act.
(6) At any time, the Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commissioner may request information the Commissioner believes necessary for the performance of any of the Commissioner's functions under this Act from the Security Intelligence Review Committee, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.
Royal Canadian Mounted Police Act
51.3 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
45.471 (1) Despite any other provision in this Act, if on reasonable grounds the Commission believes it necessary for the performance of any of its functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, or those of the Privacy Commissioner under the Privacy Act, the Commission may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commission must notify the Commissioner and give reasonable time for the Commissioner to make submissions.
(3) In the event that the Commissioner objects to the sharing of information under this section, the Commission may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Force's performance of its duties and functions under this Act.
(4) If the Commission dismisses the Commissioner's objection, the Commissioner may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Force's performance of its duties and functions under this Act.
(6) At any time, the Commission may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commission may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Privacy Commissioner.
Privacy Act
51.4 The Privacy Act is amended by adding the following after section 34:
34.1 (1) Despite any other provision in this Act, if on reasonable grounds the Commissioner believes it necessary for the performance of any of the Privacy Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act or those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act, the Privacy Commissioner may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
(2) Before conveying any information referred to in subsection (1), the Privacy Commissioner must notify the head of the government institution and give reasonable time for the head to make submissions.
(3) In the event that the head objects to the sharing of information under this section, the Privacy Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(4) If the Privacy Commissioner dismisses the head's objection, the head may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(6) At any time, the Privacy Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Privacy Commissioner may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.'';
(g) in clause 57, on page 57, by deleting lines 4 to 33; and
(h) in clause 59, on page 57, by replacing line 43 with the following:
"85.4 (1) The'';
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Chaput, Cools, Cordy, Cowan, Day, Downe, Fraser, Furey, Jaffer, Lovelace Nicholas, Mitchell, Munson—12
NAYS
The Honourable Senators
Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Lang, LeBreton, Maltais, Manning, Marshall, McIntyre, Meredith, Mockler, Nancy Ruth, Oh, Patterson, Plett, Raine, Rivard, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Wells, White—37
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion in amendment of the Honourable Senator Jaffer, seconded by the Honourable Senator Fraser, that the bill be not now read a third time, but that it be amended in clause 16,
(a) on page 25, by replacing lines 36 to 41 with the following:
"nicating statements, wilfully advocates or promotes the carrying out of a terrorist activity for the purpose of inciting an act or omission that would be a terrorism offence — other than an offence under this section — "; and
(b) on page 26,
(i) by deleting line 1, and
(ii) by adding after line 4 the following:
"(1.1) No person shall be convicted of an offence under subsection (1)
(a) if the person establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; or
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds the person believed them to be true.''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Chaput, Cools, Cordy, Cowan, Day, downe, Fraser, Fury, Jaffer, Lovelace Nicholas, Mitchell, Munson—12
NAYS
The Honourable Senators
Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Lang, LeBreton, Maltais, Manning, Marshall, McIntyre, Meredith, Mockler, Nancy Ruth, Oh, Patterson, Plett, Raine, Rivard, , Seidman, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Wells, White—37
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Munson, that the bill be not now read a third time but that it be amended in clause 2, on page 3, by adding, after line 43, the following:
"2.1. For greater certainty, nothing in this Act or the regulations is to be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Chaput, Cools, Cordy, Cowan, Day, Downe, Fraser, Furey, Jaffer, Lovelace Nicholas, Mitchell, Munson—12
NAYS
The Honourable Senators
Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Lang, LeBreton, Maltais, Manning, Marshall, McIntyre, Meredith, Mockler, Nancy Ruth, Oh, Patterson, Plett, Raine, Rivard, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Wallace, Wells, White—37
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Boisvenu, for the third reading 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.
Pursuant to rule 7-4(5)(c), a standing vote was deferred until the next sitting at 5:30 p.m., with the bells to sound at 5:15 p.m. for fifteen minutes.
Reports of Committees — Other
Orders No. 1 to 4 were called and postponed until the next sitting.
Motions
The Honourable Senator Marshall moved, seconded by the Honourable Senator Stewart Olsen:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, June 9, 2015 at 2 p.m.
The question being put on the motion, it was adopted.
° ° °
Order No. 112 was called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
Ordered, That all remaining items on the Order Paper be postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to:
The Auditor General of Canada, and his public role as "the auditor of the accounts of Canada''; and, to the parliamentary action known as the appropriation audit, which audit was the very purpose for the creation of the new and independent auditor general by the 1878 Canadian statute which followed the British practice of 1866; and, to the parliamentary appropriation audit; and, to this audit that tracked the government's public expenditures in the public service and public administration to certify and verify that the public monies were expended, as dictated in the appropriations acts, adopted by the House of Commons; and, to the fact that the appropriation audit was created and intended to assist the Commons House's control of the national finance, the public revenue and the public expenditure; and, to the House of Commons' pre-eminence in the power of the control of the public purse; and, to the fact that the creation of the appropriation audit and its later universal application to all, not some, of the departments of government, was one of the greatest achievements of the House of Commons, and of parliament; and, to the fact that the whole of the powers and duties of the auditor general follow his duties as the auditor of the accounts of Canada, of which the Senate is no part, as it is no part of the public service or the public administration of Canada.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Cools called the attention of the Senate to:
(a) the Auditor General of Canada, a statutory officer whose powers are limited to those expressly stated in the statute, the Auditor General Act; and, to his powers, by this Act, as "the auditor of the accounts of Canada,'' which powers do not include any audit of the Senate and senators; and, to the British House of Commons' great achievement, being the creation of the appropriation audit, to which audit all government departments were subject; and, to this appropriation audit, which inspired Canada's 1878 statute that created the Auditor General of Canada as an officer wholly independent of our finance department and most particularly of the government; and,
(b) to the auditor general's role in the appropriation audit, being to verify and to certify that government spending is as the House of Commons dictated and adopted in their appropriation acts; and, to the purpose and function of appropriation audits, which is the examination of the appropriation accounts of government departments, of which the Senate is not one, and therefore not subject to the Auditor General's audit examination; and,
(c) to the distinguished British Liberal Leader, William Gladstone, known for his constitutional acumen, and his defence of the powers of the House of Commons in the public finance and the control of the public purse, and who, as the Chancellor of the Exchequer, sponsored Britain's 1866 Exchequer and Audit Departments Act, which was the basis for Canada's 1878 statute, An Act for the better Auditing of the Public Accounts, which Act established the new independent Auditor General of Canada; and, to Britain's Commons House famous and powerful Public Accounts Committee and its 1865 Report from the Committee of Public Accounts, which Report clarified the role of audit in the public accounts of the departments of government; and,
(d) to this Report, that records the auditors' views and opinions on their role and proper function as never advising, controlling, or remonstrating, and also to never correct or prevent, but just to detect; and, to the fact that this great achievement of the appropriation audit is now largely unknown to Canadians, because recently, auditors general, by their own self-definition, have expanded their role away from the quantitative, arithmetic functions of audit, and have moved into the qualitative, policy spheres, to the extent that many Canadians now believe wrongly that the auditor general is the taxpayers' representative and guardian of their tax dollars, which function properly belongs to the Commons House, and not to the auditor general, who has absolutely no representative powers, which powers rightly belong to the elected members of parliament, chosen in representation by population for the purpose of no taxation without representation.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Marshall moved, seconded by the Honourable Senator Enverga:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 9:09 p.m. the Senate was continued until Tuesday, June 9, 2015 at 2 p.m.)
DECLARATION OF PRIVATE INTERESTS
Pursuant to rule 15-7(1) and subsections 12(1) and 12(4) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By oral declaration, in the Standing Senate Committee on Banking, Trade and Commerce on Wednesday, June 3, 2015, the Honourable Senator Tannas (examination of the subject matter of those elements contained in Divisions 14 and 19 of Part 3 of Bill C-59).
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Bellemare replaced the Honourable Senator Nancy Ruth (June 3, 2015).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Black replaced the Honourable Senator Bellemare (June 4, 2015).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Verner, P.C., replaced the Honourable Senator Greene (June 4, 2015).
The Honourable Senator Johnson replaced the Honourable Senator Enverga (June 4, 2015).
The Honourable Senator Demers replaced the Honourable Senator Beyak (June 4, 2015).
The Honourable Senator Enverga replaced the Honourable Senator Johnson (June 4, 2015).
The Honourable Senator Greene replaced the Honourable Senator Verner, P.C. (June 3, 2015).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator LeBreton, P.C., replaced the Honourable Senator McInnis (June 4, 2015).
Standing Senate Committee on National Finance
The Honourable Senator Rivard replaced the Honourable Senator McIntyre (June 4, 2015).
The Honourable Senator McIntyre replaced the Honourable Senator Rivard (June 3, 2015).
Standing Senate Committee on Transport and Communications
The Honourable Senator Demers replaced the Honourable Senator Seidman (June 4, 2015).