Question No. 1093--
Hon. Irwin Cotler:
With regard to 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: (a) what studies, reports, or other documents were consulted by the government as part of the process of developing the legislation; (b) what groups or individuals were consulted by the government as part of the process of developing the legislation; (c) when did each consultation in (a) and (b) occur; (d) who carried out each consultation in (a) and (b); (e) in what way was each group or individual in (b) consulted; (f) by what process was the legislation reviewed to ascertain whether any of its provisions are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (g) what officials at the Department of Justice participated in the process in (f); (h) what groups or individuals outside the Department of Justice participated in the process in (f); (i) what changes were made to the legislation as a result of the process in (f); (j) did the government seek opinions from any group or individual outside the Department of Justice about whether any of legislation’s provisions are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (k) from what groups or individuals did the government seek the opinions in (j); (l) when did the government seek each opinion in (j); (m) when did the government receive each opinion in (j); (n) what was the cost of each opinion in (j); (o) who in the government determined that the legislation is consistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (p) on what basis did the individual or individuals in (o) make that determination; (q) has the government evaluated the likelihood of any of the legislation’s provisions being challenged before the courts; (r) what is the result of the evaluation in (q); (s) on what basis has the government made the evaluation in (q); (t) has the government evaluated the likelihood of any of the legislation’s provisions being struck down by the courts; (u) what is the result of the evaluation in (t); (v) on what basis has the government made the evaluation in (t); (w) how much money has been or will be set aside to cover the cost of litigation related to challenges of the legislation before the courts; (x) how did the government determine the amount in (w); (y) when were instructions given regarding the drafting of this legislation; (z) how long did those drafting the legislation have to consider any constitutional impacts of the legislation; (aa) were any constitutional concerns raised during the legislative drafting process and, if so, (i) what were these concerns, (ii) how were they addressed, (iii) by whom were they addressed, (iv) when were they addressed; (bb) apart from any analysis pursuant to section 4.1 of the Department of Justice Act, in what ways did the government assess the constitutionality of this bill; (cc) in what ways did the Minister of Justice undertake to verify this bill's constitutionality; (dd) were any outside legal opinions sought relative to this legislation; (ee) in total, how many employees reviewed this legislation with a specific mandate to ascertain its constitutional compliance; (ff) what are the policy rationales for this legislation; (gg) in what ways did the government consider whether alternative policies might attain the objectives in (ff); (hh) what impact will this legislation have on the provinces and territories; (ii) if any provinces or territories were consulted, (i) when were they consulted, (ii) how were they consulted, (iii) in furtherance of what objective were they consulted; (jj) how much will this legislation cost to implement; (kk) do resources exist to implement this legislation effectively and fully; (ll) what is the basis for the government's response in (kk); (mm) by what means will this legislation be monitored and evaluated for its effectiveness; (nn) by what means and how often will this legislation be reviewed; and (oo) by what metrics will the government determine whether this legislation, once enacted, has made Canadians safer?
Response
Hon. Steven Blaney (Minister of Public Safety and Emergency Preparedness, CPC):
Mr. Speaker,
the international jihadist movement has declared war on Canada. Canadians are being targeted by jihadi terrorists simply because they hate our society and the values it represents. The Government of Canada rejects the argument that every time security is discussed, somehow freedoms are threatened. Canadians understand that there can be no liberty without security. Canadians rightly expect the government to protect both, and that is precisely what the anti-terrorism act, 2015 would do. The fundamental fact is that police and national security agencies are working to protect Canadian rights and freedoms. It is not they who seek to take away freedoms, but rather the jihadi terrorists.
Canada will not sit on the sidelines, as some would do, and is instead joining the international coalition in the fight against the so-called Islamic State.
With regard to (f) and (cc), pursuant to the Department of Justice Act, section 4.1, the Minister of Justice is required to examine every government bill presented to Parliament in order to ascertain whether any of its provisions are inconsistent with the purposes or provisions of the Canadian Charter of Rights and Freedoms. If the minister believes that the legislation is inconsistent, it must be reported to Parliament.
Proposed government legislation is reviewed for charter and other legal risks throughout the policy development and legislative drafting processes. The process of examining government legislation for charter compliance is dynamic and ongoing. Section 4.1 is only one part of a broader process that involves three distinct components: advisory, certification and reporting. The advisory component takes place throughout the policy development process, up to and including the introduction of legislation.
With regard to (nn), the Government of Canada believes that independent, expert, non-partisan oversight of national security agencies is a better model than political intervention in the process. Further, the key powers of the anti-terrorism act, 2015 would be subject to judicial review and judicial authorization.
Question No. 1096--
Hon. Ralph Goodale:
With regard to legal costs incurred by the government: what are all costs incurred for legal services, broken down by services provided internally and services contracted out, relating to to (i) Federation of Law Societies of Canada v. Canada (Attorney General), 2013 BCCA 147, (ii) R. v. Anderson, 2013 NLCA, (iii) R. v. Smickle, 2013 ONCA 678, (iv) R. v. Nur, 2013 ONCA 677, (v) R. v. Charles, 2013 ONCA 681, (vi) R. v. Hill, 2012 ONSC 5050, (vii) Canada (Attorney General) v. Whaling, 2014 SCC 20, (viii) Reference re Supreme Court Act, ss. 5 and 6, 2014, (ix) Canada (Attorney General) v. Whaling, 2014 SCC 20, [2014] 1 S.C.R. 392, (x) Smith v. Canada (Attorney General), [2010] 1 FCR 3, 2009 FC 228, (xi) Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125, (xii) Canada (Prime Minister) v. Khadr, 2010 SCC 3, (xiii) Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44, [2011] 3 S.C.R. 134, (xiv) Canadian Doctors For Refugee Care v. Canada (Attorney general), 2014 FC 651, (xv) Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, [2014] 1 S.C.R. 433?
Response
Hon. Peter MacKay (Minister of Justice and Attorney General of Canada, CPC):
Mr. Speaker,
to the extent that the information that has been requested is protected by solicitor-client privilege, the federal Crown asserts that privilege and, in the following cases, has waived that privilege only to the extent of revealing the total legal costs.
With regard to (i), the total legal cost is approximately $332,771.78.
With regard to (ii), the total legal cost is approximately $1,339.80.
With regard to (iii), the total legal cost is approximately $207,746.55.
With regard to (iv), the total legal cost is approximately $333,594.52.
With regard to (v), the total legal cost is approximately $95,983.84.
With regard to (vi), the Attorney General of Canada was not involved in this case.
With regard to (vii) and (ix), the total legal cost is approximately $439,667.85.
With regard to (viii) and (xv), the total legal cost is approximately $347,271.69.
With regard to (x), the total legal cost is approximately $852,911.28.
With regard to (xi), the total legal cost is approximately $229,802.61.
With regard to (xii), the total legal cost is approximately $396,879.03.
With regard to (xiii), the total legal cost is approximately $426,529.76.
With regard to (xiv), the total legal cost is approximately $1,062,187.23.
Question No. 1099--
Mr. Mathieu Ravignat:
With regard to the loan made in 2010 by Canada Economic Development to the Trebio company in Litchfield, Quebec, when it relocated to the industrial park in the Regional County Municipality of Pontiac in the Outaouais region: (a) who approved the loan, including the names and titles of the people who signed the agreement; (b) what were the repayment conditions; (c) what amount has been repaid to date; and (d) how many jobs were created as a result of this loan?
Response
Hon. Denis Lebel (Minister of Infrastructure, Communities and Intergovernmental Affairs and Minister of the Economic Development Agency of Canada for the Regions of Quebec, CPC):
Mr. Speaker, with regard to (a), the letter of offer for the Trebio start-up project was signed by Mr. Marc Boily, regional director of the Outaouais business office of the Economic Development Agency of Canada for the Regions of Quebec and Mr. Louis Campeau, president of Trebio.
With regard to (b), the financial contribution was repayable.
With regard to (c), in processing parliamentary returns, the government applies the Privacy Act and the principles set out in the Access to Information Act. The amount that has been repaid to date is withheld on the grounds that the information constitutes third party information.
With regard to (d), the agency does not gather data for jobs as a direct result of its funding. However, for some projects, estimates of jobs created and maintained are provided by the project’s sponsors and reflect the contributions granted by all donors.