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View Alupa Clarke Profile
CPC (QC)
Part VII says that the minister “may”. If it said “must” instead of “may”, you're saying that could be politically dangerous.
Given what you've said, do you think it would be a good idea to go that far an put the work “must” in part VII?
View Alupa Clarke Profile
CPC (QC)
Honourable colleagues, we will resume the meeting later.
Mr. François Larocque is here with us. He is a professor at the Common Law Section of the Faculty of Law at the University of Ottawa.
Welcome, Mr. Larocque. Can you hear us?
View Alupa Clarke Profile
CPC (QC)
That is great.
I will give you some context. Our committee asked the Standing Senate Committee on Official Languages, which is conducting a parallel study on modernization of the Act, to indicate to us the areas it did not have time to explore or delve into. That committee recommended a number of possible topics and our committee decided to address the concept of an administrative tribunal and the positive measures provided for in Part VII of the Act. I think I am the one who gave your name to the clerk because it seemed to me that you are an expert on issues related to tribunals and Part VII.
Mr. Larocque, you have 10 minutes for your testimony. Then we will do an enthusiastic tour of the table.
You have the floor.
View Alupa Clarke Profile
CPC (QC)
Mr. Larocque, you have one minute left.
View Alupa Clarke Profile
CPC (QC)
Thank you, Mr. Larocque, for your historical overview.
These are very important premises. For a few minutes there I felt I was back at Université Laval and it was very nice to be in the classroom.
We will now move on quickly to Mr. Généreux.
View Alupa Clarke Profile
CPC (QC)
You have two and a half minutes remaining.
View Alupa Clarke Profile
CPC (QC)
Your time is up, Mr. Généreux.
I now recognize Mr. Rioux.
View Alupa Clarke Profile
CPC (QC)
Thank you Dr. Larocque. We would really like to see that document.
We will now move on to Mr. Choquette.
View Alupa Clarke Profile
CPC (QC)
Please give a brief answer.
View Alupa Clarke Profile
CPC (QC)
Thank you, Dr. Larocque.
You may continue your remarks by answering a question from another member. I'm truly sorry, but we have to move on because of time constraints.
Mr. Arseneault, you have the floor.
View Alupa Clarke Profile
CPC (QC)
Thank you, Dr. Larocque.
We now have the honour of moving on to northern Nova Scotia.
Mr. Samson, you have the floor.
View Alupa Clarke Profile
CPC (QC)
Thank you, Mr. Samson.
I have one more question, Dr. Larocque. We have one or two minutes left.
Going back to the Netflix issue that Mr. Choquette was talking about, the commissioner had the power to require certain documents to be produced, but he didn't use it. You said that it could be a matter of idiosyncrasy and strategy. Would it be advisable to take that power away from the commissioner? That would show him that we don't really care about his personal opinion and idiosyncrasy and that he has to take action and do what he has to do.
View Alupa Clarke Profile
CPC (QC)
Does the act specifically state that the commissioner has the discretion to choose for himself?
View Alupa Clarke Profile
CPC (QC)
Would it be better if he didn't have so much discretion?
View Alupa Clarke Profile
CPC (QC)
Dr. Larocque, on behalf of the committee, thank you so much for sharing your valuable time with us. We may invite you back soon.
Until then, we wish you the best of luck with your research. Have a great day.
View Alupa Clarke Profile
CPC (QC)
The meeting is adjourned.
View Alupa Clarke Profile
CPC (QC)
We're resuming the meeting.
Today, it is my understanding that you have already spoken your opening remarks, so you may continue.
I think the next speaker is Mr. Choquette.
Mr. Choquette, you have the floor.
View Alupa Clarke Profile
CPC (QC)
Thank you for your remarks.
We'll now go to Mr. Arseneault for six minutes.
View Alupa Clarke Profile
CPC (QC)
Thank you, Madame Hunting.
You have the floor for six minutes, Ms. Fortier.
View Alupa Clarke Profile
CPC (QC)
Can we have a last word from you?
View Alupa Clarke Profile
CPC (QC)
Mr. Généreux, you have the floor for six minutes.
View Alupa Clarke Profile
CPC (QC)
We invite you to send us that document.
View Alupa Clarke Profile
CPC (QC)
Thank you, Mr. Généreux.
Now we're going to go to our anglophone member of this great committee, Madam Emmanuella.
View Alupa Clarke Profile
CPC (QC)
Mr. Gourde, you have the floor for five minutes, please.
View Alupa Clarke Profile
CPC (QC)
You have two minutes left, Mr. Gourde.
View Alupa Clarke Profile
CPC (QC)
Thank you, madam. Now it's the turn of Mr. Choquette for three minutes.
View Alupa Clarke Profile
CPC (QC)
You have 35 seconds left. If you don't use them, I'm going to ask a question.
View Alupa Clarke Profile
CPC (QC)
I have a question I would like you to answer in writing, because you won't have enough time to answer it now.
Touching on what Bernard said, that a positive measure can be seen as positive by some and negative by others, I think all of us around this table unanimously want to make part VII stronger.
If we were to exchange the word “can” in part VII with the word “must”, it would enable the government to make sure that if there were a precarious situation, like, for example, what happened in British Columbia—and when we say “precarious”, that's my subjective opinion.... What do you think would be the objective factors to make a rough analysis of the situation?
If the minister must introduce a positive measure, we would still need to address it as a government body in terms of objectivity. As the judges confirmed in 1983 when they interpreted the first article of the charter, they had to find a way to interpret it in an objective way.
To summarize my question, let's say that in one year's time, part VII has the word “must”, there's a crisis and the minister has to introduce a measure. It's not his or her own choice. He has to. What would be the criteria, objectively, of knowing for sure that the community is in danger? They can say they're in danger, but it might not be true.
Please send us your ideas as to what those criteria would be. It's immensely important to us.
View Alupa Clarke Profile
CPC (QC)
Thank you, sir.
Rachel Hunting from the Townshippers' Association, thank you for your time, as well as the Quebec Community Groups Network, Mr. Chambers and Madame Martin-Laforge.
If you have any supplementary information, you can always send it to the clerk.
Thank you very much.
The meeting is adjourned.
View Alupa Clarke Profile
CPC (QC)
Thank you, Mr. Chair.
Good morning, colleagues. Good morning, everyone.
Mrs. Roy, Mr. Racine and Mr. Slowey, I am very pleased to see you here this morning.
Madam Deputy Minister, I would like to ask you a very quick first question, because we had a little debate here a few weeks ago and I just want to clarify the situation.
In total, how much money does the action plan involve?
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