JUST Committee Report

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Committee Report

Eleventh Report

Standing Committee on Justice and Human Rights (JUST)

44th Parliament, 1st Session

Study

Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts

In accordance with its Order of Reference of Monday, March 27, 2023, your committee has considered Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, and agreed on Wednesday, May 31, 2023, to report it with the following amendments:

Clause 1

That Bill C-41, in Clause 1, be amended

(a) by replacing line 8 on page 1 with the following:

“10 years who, directly or indirectly, wilfully and without lawful justification or excuse, collects property or”

(b) by replacing line 18 on page 1 with the following:

“years who, directly or indirectly, wilfully and without lawful justification or excuse, collects property or pro‐”

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 law while using reasonable efforts to minimize any benefit to terrorist groups.”

(b) by deleting lines 15 to 19 on page 2.

That Bill C-41, in Clause 1, be amended

(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);”

That Bill C-41, in Clause 1, be amended by replacing line 10 on page 6 with the following:

“activity until the end of the 30th day after the day on”

That Bill C-41, in Clause 1, be amended

(a) by replacing line 30 on page 6 with the following:

“specified by that Minister, but the request must relate only to the authorization or its renewal.”

(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).”

That Bill C-41, in Clause 1, be amended by adding after line 24 on page 8 the following:

“(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;”

That Bill C-41, in Clause 1, be amended

(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.”

That Bill C-41, in Clause 1, be amended

(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 and every five years thereafter.

(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.”

Your committee has ordered a reprint of Bill C-41, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 58, 59, 60, 61 and 68) is tabled.