FAIT Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 41

Thursday, November 8, 2001

The Standing Committee on Foreign Affairs and International Trade met at 9:17 a.m. this day, in Room 701, La Promenade Building, John Harvard, presiding.

Members of the Committee present: Aileen Carroll, Bill Casey, John Harvard, Marlene Jennings, Stan Keyes, Francine Lalonde, Hon. Diane Marleau, Pat O'Brien, Brian Pallister, Pierre Paquette, Bernard Patry.

Acting Members present: Mark Eyking for Jean Augustine.

In attendance: From the Parliamentary Research Branch of the Library of Parliament: Robin McKay, Gerald Schmitz Research Officers.

Witnesses: From the Department of Foreign Affairs and International Trade: Keith M. Morrill, Deputy Director, United Nations, Criminal and Treaty Law Division. From the Solicitor General Canada: Caroline Fobes, Counsel, Legal Services; Marian Harymann, Senior Policy Analyst, Law Enforcement Division.

Pursuant to its Order of Reference of Tuesday, October 23, 2001, the Committee resumed consideration of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act (See Minutes of Proceedings, Tuesday, October 30, 2001, Meeting No. 37).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

On Clause 1,

Brian Pallister moved, -- That Bill C-35, in Clause 1, be amended by striking out lines 11 to 13 on page 1 and substituting the following therefor:

"states are members;"

After debate, the question being put on the amendment, it was negatived.

Clause 1 carried.

On Clause 2,

Brian Pallister moved, -- That Bill C-35, in Clause 2, be amended by adding after line 20 on page 1 the following:

"2. (1) Paragraph 4(1)(a) of the Act is replaced by the following:
(a) subject to subsection (1.1), extend any of the privileges and immunities accorded thereto under section 3, other than duty and tax relief privileges;
(2) Section 4 of the Act is amended by adding the following after subsection (1):
(1.1) The Minister of Foreign Affairs shall not extend immunity from criminal jurisdiction to any person whom the Vienna Convention on Diplomatic Relations does not identify as enjoying immunity from criminal jurisdiction unless Her Majesty in right of Canada has entered into an agreement that obliges the Minister to extend such immunity to that person."

After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 3 NAYS: 6

Bill Casey moved, -- That Bill C-35, in Clause 2, be amended by adding after line 5 on page 2 the following:

"(5) The Minister of Foreign Affairs shall make an annual report to both Houses of Parliament providing details regarding every incident where diplomatic immunity was claimed in respect of any matter of criminal or civil jurisdiction."

After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 3 NAYS: 7

Clause 2 carried.

On Clause 3,

Brian Pallister moved, -- That Bill C-35, in Clause 3, be amended by striking out lines 19 to 36 on page 3.

After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 2 NAYS: 7

Brian Pallister moved, -- That Bill C-35, in Clause 3, be amended by striking out line 25 on page 4 and substituting the following therefor:

"section 19 prevails to the extent of the inconsis-"

After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 1 NAYS: 7

Brian Pallister moved, -- That Bill C-35, in Clause 3, be amended by adding after line 26 on page 4 the following:

"(5) Notwithstanding subsection (1), any immunity accorded to participants at an international conference only applies in respect of those actions of the participants that are conducted in the course of their function as delegates to the conference."

After debate, the question being put on the amendment, it was negatived.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Marlene Jennings moved, -- That Bill C-35, in Clause 5, be amended by striking out in the French version, line 25 on page 6 and substituting with the following therefor:

“sécurité pour le déroulement sans heurt de toute conférence”

After debate, the question being put on the amendment, it was adopted.

Brian Pallister moved, -- That Bill C-35, in Clause 5, be amended by adding after line 44 on page 6 the following:

"(4) No member of the staff of a minister of the Crown in right of Canada and no member of the public service of the Government of Canada who is not a member of the Royal Canadian Mounted Police shall advise or instruct any member of the Royal Canadian Mounted Police in the performance of his or her duties under this section.
(5) Any person who contravenes subsection (4) is guilty of an offence punishable on summary conviction and is liable to a fine of not less than fifteen thousand dollars."

After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 4 NAYS: 7

Marlene Jennings moved, -- That Bill C-35, in Clause 5, be amended by adding after line 44 on page 6 the following:

“Arrangements

(4) Subject to subsection (1), to facilitate consultation and cooperation between the Royal Canadian Mounted Police and provincial and municipal police forces, the Solicitor General may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to ensuring the security for the proper functioning of a conference referred to in that subsection. ”

After debate, the question being put on the amendment, it was adopted.

Clause 5, as amended, carried on the following division:

YEAS

NAYS

Clause 6 to 10, severally carried on the following division:

YEAS

NAYS

Schedule I carried.

The Title carried.

The Bill, as amended, carried, on the following division:

YEAS

NAYS

ORDERED, -- That the Chair report Bill C-35 with amendments to the House as the Eleventh Report of the Committee.

At 10:50 p.m., the Committee adjourned to the call of the Chair.

Stephen Knowles

Clerk of the Committee