SECU Committee Meeting

The Standing Committee on Public Safety and National Security met at 9:06 a.m. this day, in Room 209, West Block, the Chair, Garry Breitkreuz, presiding.

The Committee resumed its clause-by-clause study of the Bill.

On Clause 4,

“(1.1) If the permanent resident or foreign national requests that a particular person be appointed under paragraph (1)(b), the judge shall appoint that person unless the judge is satisfied that

(a) the appointment would result in the proceeding being unreasonably delayed;

(b) the appointment would place the person in a conflict of interest; or

(c) the person has knowledge of information or other evidence whose disclosure would be injurious to national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence.”

Serge Ménard moved, — That the amendment be amended by deleting paragraph (c).

After debate, the question was put on the subamendment of Serge Ménard and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

“(3) The Minister of Justice shall ensure that special advocates are provided with adequate administrative support and resources.”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

By unanimous consent, the following amendments were agreed to:

“avocat spécial dans le cadre d'une instance com-”

That Bill C-3, in Clause 4, be amended by replacing line 29 on page 7, in the French version, with the following:

“avocat spécial et publie la liste de la façon qu'il”

That Bill C-3, in Clause 4, be amended by replacing line 34 on page 7, in the French version, with the following:

“85.1 (1) L'avocat spécial a pour rôle de défen-”

“that of solicitor and client, but the special advocate shall treat as privileged any information disclosed to the special advocate by the permanent resident or foreign national.”

After debate, the question was put on the amendment of Serge Ménard and it was negatived.

“(4) However, a communication between the permanent resident or foreign national or their counsel and the special advocate that would be subject to solicitor-client privilege if the relationship were one of solicitor and client is deemed to be subject to solicitor-client privilege. For greater certainty, in respect of that communication, the special advocate is not a compellable witness in any proceeding.”

By unanimous consent, the following amendments were agreed to:

“(3) Il est entendu que l'avocat spécial n'est pas”

That Bill C-3, in Clause 4, be amended by replacing line 18 on page 8, in the French version, with the following:

“85.2 L'avocat spécial peut :”

That Bill C-3, in Clause 4, be amended by replacing line 31 on page 8, in the French version, with the following:

“85.3 L'avocat spécial est dégagé de toute”

That Bill C-3, in Clause 4, be amended by replacing line 36 on page 8 with the following:

“avocat spécial, dans le délai fixé par le juge, copie de”

(a) by replacing lines 27 to 33 on page 9 with the following:

“85.6 (1) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the participation of special advocates in proceedings before the court over which they preside. The”

(b) by adding after line 35 on page 9 the following:

“(2) Any committee established shall be composed of the Chief Justice of the Federal Court of Appeal or the Chief Justice of the Federal Court, as the case may be, the Attorney General of Canada or one or more representatives of the Attorney General of Canada, and one or more members of the bar of any province who have experience in a field of law relevant to those types of proceedings. The Chief Justices may also designate additional members of their respective committees.

(3) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court — or a member designated by them — shall preside over their respective committees.”

By unanimous consent, the following amendments were agreed to:

“de l'instance, l'avocat spécial ne peut communiquer”

That Bill C-3, in Clause 4, be amended by replacing line 7 on page 9, in the French version, with the following:

“(3) Dans le cas où l'avocat spécial est autorisé à”

(a) replacing line 17 on page 10 with the following:

“87.2 (1) The regulations may provide for any”

(b) adding after line 24 on page 10 the following:

(2) The regulations

(a) shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and

(b) may include provisions respecting those requirements.

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

By unanimous consent, the following amendments were agreed to:

“quant à l'obligation de nommer un avocat spécial et”

That Bill C-3, in Clause 4, be amended by replacing line 12 on page 10, in the French version, with the following:

“nomination d'un avocat spécial en vue de la défense”

Clause 4, as amended, carried.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

After debate, Clause 11 carried.

Clause 12 carried.

“Loi modifiant la Loi sur l'immigration et la protection des réfugiés (certificat et avocat spécial) et une autre loi en conséquence”

The Title, as amended, carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-3, as amended, be reprinted for the use of the House at report stage.

At 9:54 a.m., the Committee adjourned to the call of the Chair.