JUST Committee Meeting
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Minutes of Proceedings
Conservative
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 1 of the Bill.
By unanimous consent, the committee resumed consideration of the amendment of Heather McPherson, as amended, — That Bill C-41, in Clause 1, be amended
(a) by adding after line 26 on page 1 the following:
“(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international humanitarian law while using reasonable efforts to minimize any benefit to terrorist groups.”
(b) by deleting lines 15 to 19 on page 2.
Pam Damoff moved, — That the amendment be amended by deleting the word “humanitarian” after the word “international”.
The question was put on the subamendment of Pam Damoff and it was agreed to.
The question was put on the amendment of Heather McPherson, as amended, and it was agreed to.
“hibited under this Part — or a specified class of”
By unanimous consent, the amendment was withdrawn.
“(2.1) The Public Safety Minister must maintain a list of geographic areas that, in the opinion of that Minister, are controlled by terrorist groups and must publish the list and any amendments to it on the website of the Department of Public Safety and Emergency Preparedness.”
After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Alexis Brunelle-Duceppe, Heather McPherson — 2;
NAYS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9.
(a) by adding after line 2 on page 3 the following:
“(2.1) The Public Safety Minister must maintain a list of geographic areas that, in the opinion of that Minister, are controlled by a terrorist group and must publish the list and any amendments to it on the website of the Department of Public Safety and Emergency Preparedness.”
(b) by adding after line 25 on page 9 the following:
“(a.1) respecting the list referred to in subsection 83.032(2.1);”
The question was put on the amendment of Alexis Brunelle-Duceppe and it was negatived on the following recorded division:
YEAS: Alexis Brunelle-Duceppe, Heather McPherson — 2;
NAYS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9.
(a) by adding after line 2 on page 3 the following:
“(2.1) The Public Safety Minister must, at the request of an eligible person or an organization, provide to that person or organization information in writing about whether an authorization is required to carry out an activity or a class of activities in a given geographic area.”
(b) by adding after line 25 on page 9 the following:
“(a.1) respecting requests and the provision of information under subsection 83.032(2.1);”
After debate, the question was put on the amendment of Garnett Genuis and it was agreed to on the following recorded division:
YEAS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9;
NAYS: Alexis Brunelle-Duceppe, Heather McPherson — 2.
(a) by replacing lines 36 and 37 on page 4 with the following:
“application is
(i) a terrorist group,
(ii) a member of a terrorist group, or
(iii) a parent, child, sibling, spouse or common-law partner, parent of a spouse or common-law partner, or sibling of a spouse or common-law partner of a member of a terrorist group; and
(b) whether the Public Safety Minister believes, on reasonable grounds, that the applicant or any person”
(b) by replacing lines 2 to 7 on page 5 with the following:
“activity.”
The question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Alexis Brunelle-Duceppe, Heather McPherson — 2;
NAYS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9.
(a) by adding after line 2 on page 6 the following:
“83.0321 (1) If the Minister of Foreign Affairs is of the opinion that a humanitarian crisis exists in a geographic area that is controlled by a terrorist group, that Minister must without delay refer any application for authorization made by an organization that is included in the list referred to in subsection (2) and that meets the conditions set out in subsection 83.032(6) for urgent consideration by the Public Safety Minister, who must make a decision within seven days after the referral of the application.
(2) For the purposes of subsection (1), the Public Safety Minister must maintain a list of the organizations that, following a security screening performed at their request, meet, in that Minister's opinion, the following requirements:
(a) they have the capacity to quickly provide humanitarian assistance abroad;
(b) they have no links to a terrorist group; and
(c) they have not been and are not being investigated for having committed a terrorism offence and have never been charged with a terrorism offence.
(3) The Public Safety Minister may require an organization to provide any additional information in respect of a security screening in the form and manner, and within the period, that are specified by that Minister. If the organization fails, without reasonable excuse, to provide the information within the specified period, that Minister may deem the application to be withdrawn.
(4) An organization remains on the list referred to in subsection (2) for a period of five years. When that period ends, the Minister of Foreign Affairs must communicate with the organization to update the information required for the purposes of this section.”
(b) by adding after line 25 on page 9 the following:
“(a.1) respecting applications for authorization and the list referred to in section 83.0321;”
The question was put on the amendment of Alexis Brunelle-Duceppe and it was negatived on the following recorded division:
YEAS: Alexis Brunelle-Duceppe, Heather McPherson — 2;
NAYS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9.
“activity until the end of the 30th day after the day on”
By unanimous consent, the question was put on the amendment of Heather McPherson and it was agreed to.
“specified by that Minister, but the request must relate only to the authorization or its renewal.”
Debate arose thereon.
Garnett Genuis moved, — That the amendment be amended by adding after the words “specified by that Minister, but the request must relate only to the authorization or its renewal.” the following:
“(b) by adding after line 9 on page 8 the following:
“(2) Any information collected or disclosed under subsection (1) must only be used for the administration and enforcement of sections 83.031 to 83.0392.
(3) The Public Safety Minister must take reasonable steps to ensure that any entity assisting that Minister under subsection (1) complies with subsection (2).””.
By unanimous consent, after debate, the question was put on the subamendment of Garnett Genuis and it was agreed to.
The question was put on the amendment of Heather McPherson, as amended, and it was agreed to.
(a) by replacing lines 33 to 35 on page 7 with the following:
“sections 83.031 to 83.0392, including by disclosing information to that Minister:”
(b) by replacing line 9 on page 8 with the following:
“(j) any other Canadian entity prescribed by regulation.”
(c) by adding after line 9 on page 8 the following:
“(2) The Public Safety Minister may disclose information to the entities listed in subsection (1) only if that Minister believes, on reasonable grounds, that the disclosure is necessary to assist the Minister in the administration and enforcement of sections 83.031 to 83.0392.
(3) Any information disclosed under subsection (1) or (2) must only be used for the administration and enforcement of sections 83.031 to 83.0392.
(4) The Public Safety Minister must destroy any information that is disclosed to that Minister as soon as there are no longer reasonable grounds to believe that the information is necessary for the administration and enforcement of sections 83.031 to 83.0392.
(5) An entity to which information is disclosed must destroy that information as soon as the information is no longer necessary to assist the Public Safety Minister in the administration and enforcement of sections 83.031 to 83.0392.”
(d) by replacing lines 35 and 36 on page 9 with the following:
“(d) prescribing any other Canadian entity for the purpose of paragraph 83.038(1)(j).”
The question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Alexis Brunelle-Duceppe, Heather McPherson — 2;
NAYS: Élisabeth Brière, Pam Damoff, Anju Dhillon, Lena Metlege Diab, Garnett Genuis, Damien C. Kurek, Rob Moore, Charles Sousa, Karen Vecchio — 9.
(a) by replacing lines 20 to 24 on page 8 with the following:
“of the public and of the applicant and their counsel if the judge is satisfied that the disclosure of the evidence or other information could be injurious to national defence or national security or if, in the judge's opinion, it could endanger the safety of any person;”
(b) by replacing lines 36 to 38 on page 8 with the following:
“that the judge is satisfied would be injurious to national defence or national security or that, in the judge's opinion, would endanger the safety of any person if”
The question was put on the amendment of Heather McPherson and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.
“(a.1) the judge may allow an amicus curiae who is appointed in respect of the proceeding to participate in a hearing under paragraph (a) and to review the evidence or other information that is the subject of the hearing;”
By unanimous consent, the question was put on the amendment of Heather McPherson and it was agreed to.
(a) by replacing lines 38 and 39 on page 9 with the following:
“and cause to be laid before each House of Parliament, within 90 days after the first day of January of every”
(b) by adding after line 2 on page 10 the following:
“(1.1) The report under subsection (1) must set out the number of applications for authorizations made, approved or refused in the previous calendar year.
(1.2) If the report under subsection (1) contains any redactions, the Public Safety Minister must forward the unredacted report to the National Security and Intelligence Committee of Parliamentarians as well as the National Security and Intelligence Review Agency.”
By unanimous consent, the question was put on the amendment of Heather McPherson and it was agreed to.
(a) by replacing line 5 on page 10 with the following:
“Safety Minister no later than the first anniversary of the”
(b) by replacing lines 8 and 9 on page 10 with the following:
“House of Parliament within 180 days after that first anniversary.
(3) If the report identifies any deficiencies in sections 83.031 to 83.0391 or their operation, the report must include a plan to remedy those deficiencies — including any proposed legislative amendments — and a timeline for its implementation.”
Debate arose thereon.
Pam Damoff moved, — That the amendment be amended by adding after the words “House of Parliament within 180 days after that first anniversary” the following: “and every five years thereafter”.
After debate, the question was put on the subamendment of Pam Damoff and it was agreed to.
The question was put on the amendment of Garnett Genuis, as amended, and it was agreed to.
Clause 1, as amended, carried.
Clause 2 carried.
Clause 3 carried.
Clause 4 carried.
Clause 5 carried.
Clause 6 carried.
The Title carried.
The Bill, as amended, was adopted.
ORDERED, — That Bill C-41, as amended, be reprinted for the use of the House of Commons at report stage.
ORDERED, — That the Chair report the Bill, as amended, to the House.
On motion of Rob Moore, it was agreed, — That the committee report to the House that it firmly denounces the Taliban and rejects any recognition or legitimization of their control over Afghan territory. In particular, the committee denounces the Taliban system of gender discrimination, systemic violence targeting minority communities, reprisals against former members of the Afghan National Security and Defence Forces, attacks on freedom of the press, and other violations of fundamental human rights. The committee believes that the Taliban must remain a listed terrorist organization.
At 5:24 p.m., the committee adjourned to the call of the Chair.