JURI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 140
Thursday, May 6, 1999
The Standing Committee on Justice and Human Rights met at 9:15 a.m. this day, in Room 308, West Block, the Chair, John Maloney, presiding.
Member(s) of the Committee present: Reg Alcock, Eleni Bakopanos, Michel Bellehumeur, Chuck Cadman, Aileen Carroll, Paul DeVillers, Ivan Grose, Derek Lee, Peter MacKay, John Maloney, Richard Marceau, John McKay, Jacques Saada.
Acting Member(s) present: Eric Lowther for John Reynolds, Pierre Brien for Richard Marceau.
In attendance: From the Library of Parliament: Marilyn Pilon, Researcher and Philip Rosen, Senior Analyst.
Witness(es): From the Ministry of the Solicitor General of Canada: Mary Campbell, Director, Corrections Policy.
Pursuant to Standing Order 108 and the Order of Reference dated Wednesday, April 21, 1999, the Committee resumed consideration of Bill C-69, An Act to amend the Criminal Records Act and to amend another Act in consequence. (See Minutes of Proceedings dated Tuesday, May 4, 1999, Meeting No. 138)
The Committee proceeded to Clause-by-Clause consideration of the Bill.
The Chair called Clause 1.
Clauses 1 to 5 carried.
On Clause 6,
Eric Lowther moved, -- That Bill C-69, in Clause 6, be amended by replacing line 42 on page 2 with the following:
"6.3(1) the Commissioner shall make, in the"
After debate, the question being put on the amendment, it was adopted.
Eric Lowther moved, -- That Bill C-69, in Clause 6, be amended by replacing line 10 on page 3 with the following:
"police force or other authorized body shall"
After debate, the question being put on the amendment, it was adopted.
Eric Lowther moved, -- That Bill C-69, in Clause 6, be amended
- by replacing line 27 on page 3 with the following:
- by replacing line 30 on page 3 with the following:
"in accordance with subsection (1) shall request"
"applicant, and the Commissioner shall trans-"
After debate, the question being put on the amendment, it was adopted.
Eric Lowther moved, -- That Bill C-69, in Clause 6, be amended
- by replacing line 32 on page 3 with the following:
- by replacing line 36 on page 3 with the following:
"(5) The minister shall disclose to the police"
"(4) unless the Minister is of the opinion that the disclosure is not appropriate after examining the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of conviction, in which case the Minister may refuse to disclose the information."
After debate, the question put on the amendment, it was negatived by a show of hands - YEAS: 3, NAYS: 6.
Eric Lowther moved, -- That Bill C-69, in Clause 6, be amended by replacing line 38 on page 3 with the following:
"shall disclose the information referred to in"
After debate, the question put on the amendment, it was adopted.
Jacques Saada moved, -- That Bill C-69, in Clause 6, be amended by replacing, in the English version, line 4 on page 4 with the following:
"communicate it except in relation to the"
After debate, the question being put on the amendment, it was adopted.
Clause 6, as amended, carried.
Clause 7 carried.
On Clause 8,
Jacques Saada moved, -- That Bill C-69, in Clause 8, be amended by
- adding after line 13 on page 5 the following:
- replacing line 21 on page 5 with the following:
"(c.1) prescribing the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of a conviction;"
"6.3 (2) and (6) ; and"
After debate, the question being put on the amendment, it was adopted.
Clause 8, as amended, carried.
Clause 9 carried.
Eric Lowther moved, -- That Bill C-69 be amended by adding after line 32 on page 5 the following new clause:
"9.1 The Canadian Human Rights Act is amended by adding the following after section 10:
10.1 (1) Notwithstanding section 8, it is not a discriminatory practice to express a limitation, specification or preference or publish anything in the circumstances described in that section in connection with employment of a person in a position of trust involving children or vulnerable persons where the limitation, specification, preference or publication relates to any sexual offence committed by the person against children or vulnerable persons, whether or not the offence has been pardoned.
(2) Notwithstanding section 10, it is not a discriminatory practice to establish or pursue a policy or practice or enter into an agreement in the circumstances described in that section in connection with employment of a person in a position of trust involving children or vulnerable persons where the policy, practice or agreement relates to any sexual offence committed by the person against children or vulnerable persons, whether or not the offence has been pardoned.
(3) Where a regulation is made under paragraph 9.1(c) of the Criminal Records Act defining the expression "children", "child" in this section shall have the meaning assigned to that expression by that regulation.
(4) Where a regulation is made under paragraph 9.1(c) of the Criminal Records Act defining the expression "vulnerable persons", "vulnerable person" in this section shall have the meaning assigned to that expression by that regulation."
The Chair ruled, -- That the amendment seeks to amend the Canadian Human Rights Act which is not mentioned in this bill. Beauchesne's sixth edition, citation 698(8)(a) says: "An amendment may not amend a statute which is not before the committee." R10 is therefore out of order.
Eric Lowther moved, -- That Bill C-69, be amended by replacing line 1 on page 1 with the following:
"WHEREAS there are certain circumstances in which it may be appropriate to grant a pardon to a person who has been of good behavior following a conviction for a criminal offence and a period following the completion of the sentence;
WHEREAS, if a person has been granted a pardon for an offence, the record of that offence should be kept separate from other records and access thereto should be given only in cases where the public interest overrides the privacy of the record; and
WHEREAS access to the record of an offence in respect of which a pardon has been granted should be available to the Royal Canadian Mounted Police in connection with law enforcement, and to those responsible for the care of children or vulnerable persons to assist in reviewing applications for positions of trust regarding children or vulnerable persons;
NOW, THEREFORE, Her Majesty, by and with the advice and"
The Chair ruled, -- That the amendment proposes to add a preamble to a bill that does not have one. Beauchesne's sixth edition, citation 705(3) says: "Where the bill, as introduced, does not contain a preamble, it is not competent for the committee to introduce one." R1 is therefore out of order.
The Title carried.
The Bill, as amended, carried.
ORDERED, -- That Bill C-69, An Act to amend the Criminal Records Act and to amend another Act in consequence, as amended, be reprinted for the use of the House of Commons at report stage consideration.
ORDERED, -- That the Chair report Bill C-69 with amendments to the House.
It was agreed, -- That the Chair write to the Minister of Justice asking that the effects of Bill C-69 be considered in the Human Rights Act review to be undertaken shortly.
It was agreed, -- That the Chair write to the House Leaders to request that Bill C-69 be proceeded with before the summer adjournment.
Pursuant to Standing Order 108 and the Order of Reference dated Tuesday, October 6, 1998, the Committee resumed consideration of Bill C-284, An Act to amend the Criminal Records Act and the Canadian Human Rights Act (offences against children). (See Minutes of Proceedings dated Tuesday, December 1, 1998, Meeting No. 106)
The Committee proceeded to Clause-by-Clause consideration of the Bill.
The Chair called Clause 1.
Eric Lowther moved, -- That the Committee report to the House that Bill C-284 be not further proceeded with as the subject matter of the Bill has been captured under Bill C-69, An Act to amend the Criminal Records Act and to amend another Act in consequence.
After debate, the motion was agreed to.
At 10:15 a.m., the sitting was suspended.
At 10:27 a.m., the sitting resumed in camera.
Pursuant to Standing Order 68(4)(a) and the Order of Reference dated Thursday, October 30, 1997, the Standing Committee on Justice and Human Rights resumed consideration of the Criminal Code impaired driving provisions. (See Minutes of Proceedings dated Wednesday, February 3, 1999, Meeting No. 109).
The Committee commenced consideration of a draft bill in relation to its impaired driving report.
It was agreed, -- That the Committee meet to consider its draft bill on Tuesday, May 11, 1999, and that the Chair table the final report on Tuesday, May 25, 1999.
Chuck Cadman gave notice of the following motion, -- That the Reform Party be authorized to append a dissenting opinion not exceeding 6 pages to the impaired driving report after the Chairman's signature and that it be in the hands of the Clerks no later than Friday, May 7th at 12:00 p.m.
At 12:10 p.m., the Committee adjourned to the call of the Chair.
Roxanne Enman / Roger Préfontaine
Clerk(s) of the Committee