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MINUTES OF PROCEEDINGS

Meeting No. 88

Tuesday, October 20, 1998

The Standing Committee on Justice and Human Rights met at 9:11 a.m. this day, in Room 308, West Block, the Chair, Shaughnessy Cohen, presiding.

Member(s) of the Committee present: Reg Alcock, Eleni Bakopanos, Michel Bellehumeur, Chuck Cadman, Shaughnessy Cohen, Paul DeVillers, Ivan Grose, Derek Lee, John Maloney and John McKay.

Acting Member(s) present: Colleen Beaumier for Jacques Saada.

In attendance: From the Library of Parliament: Philip Rosen, Senior Analyst.

From the Committees and Legislative Services: Paulette Nadeau and Suzanne Verville, Legislative Clerks.

Witness(es): As Individual: Ken Rubin, Public Interest Researcher and Access to Information Expert; From the Department of Justice: Michael Zigayer, Senior Counsel, Criminal Law Policy Section; Lita Cyr, Counsel, Information Law and Privacy; Brian Jarvis, Counsel, Public Law Policy Section.

Pursuant to its Order of Reference dated Tuesday April 21, 1998, the Committee resumed consideration of Bill C-208, An Act to amend the Access to Information Act (See minutes of proceedings dated Wednesday May 6, 1998, meeting No. 65)

The witnesses answered questions.

The Chair called Clause 1.

Colleen Beaumier moved, -- That Bill C-208, in Clause 1, be amended by replacing lines 7 to 13 on page 1 and lines 1 to 5 on page 2 with the following:

"67.1 (1) No person shall, with intent to deny a right of access under this Act,

  1. destroy, mutilate or alter a record;
  2. falsify a record or make a false record;
  3. conceal a record; or
  4. cause any person to do anything mentioned in any of paragraphs (a) to (c).

(2) Every person who contravenes subsection (1) is guilty of

  1. an indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand dollars, or to both; or
  2. an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars, or to both."

After debate, Michel Bellehumeur moved the following sub-amendment, -- That the amendment be amended by replacing the words "cause any person in 67.1 (1)(d)" with the following:

"direct, propose, counsel or cause any person in any manner".

After debate, the question was put on the sub-amendment and it was agreed to.

The question was put on the amendment, as amended, and it was agreed to.

Clause 1, as amended, carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-208, An Act to amend the Access to Information Act, as amended, be reprinted for the use of the House of Commons at the Report Stage.

ORDERED, -- That the Chair report Bill C-208 with an amendment to the House as the Twelfth Report of the Commitee.

At 10:26 a.m., the Committee adjourned to the call of the Chair.

Roger Préfontaine

 

Clerk of the Committee