JURI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 94
Thursday, October 29, 1998
The Standing Committee on Justice and Human Rights met at 10:08 a.m. this day, in Room 701, La Promenade Building, the Chair, Shaughnessy Cohen, presiding.
Member(s) of the Committee present: Jim Abbott, Reg Alcock, Eleni Bakopanos, Michel Bellehumeur, Chuck Cadman, Shaughnessy Cohen, Paul DeVillers, Derek Lee, John Maloney, Richard Marceau, John McKay and Jacques Saada.
Acting Member present: Jim Gouk for John Reynolds..
In attendance: From the Library of Parliament: Philip Rosen, Senior Analyst.
From the Committees and Legislative Services: Paulette Nadeau, Legislative Clerk.
Witness(es):From the Canadian Police Association: Jon Netelenbos, Vice-President; André Nadon, Quebec Vice-President. From the Department of Justice: Chris Ram, Counsel, Criminal Law Policy Section; Jodie Van Dieen, Counsel, Criminal Law Policy Section; Michel Laprade, Legal Counsel, Legal Services, Correctional Service of Canada; Donald K. Piragoff, General Counsel, Criminal Law Policy Section. From Correctional Service Canada: Denis Couillard, Policy Division, Strategic Planning and Policy.
Pursuant to its Order of Reference of Thursday, October 8, 1998, the Committee resumed consideration of Bill C-51, An Act to amend the Criminal Code, the Controlled Drugs and the Substances Act and the Corrections and Conditional Release Act (See Minutes of Proceedings, Tuesday, October 27, 1998, Meeting No. 92).
Jon Netelenbos made an opening statement and with the other witnesses answered questions.
At 10:45 a.m., the sitting was suspended.
At 11:00 a.m., the sitting was resumed.
The Chair called Clause 1.
Clauses 1 to 7 carried.
On Clause 8,
Jim Gouk moved, -- That Bill C-51, in clause 8, be amended by replacing line 21 on page 5 with the following:
"8. (1) Subsection 212(2) of the Act is replaced by the following:
(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of not less than one year.
(2) Subsections 212(4) and (5) of the Act"
After debate, the question being put on the amendment, it was negatived.
Jim Gouk moved, -- That Bill C-51, in Clause 8, be amended by replacing line 29 on page 5 with the following:
"for a term not exceeding five years and to the following minimum punishment, namely,
- for a first offence, to imprisonment for not less than 30 days; and
- for each subsequent offence, to imprisonment for not less than 90 days."
After debate, the question being put on the amendment, it was negatived.
Clause 8, carried.
Clauses 9 and 10 carried.
On Clause 11,
Eleni Bakopanos moved, -- That Bill C-51, in Clause 11, be amended by replacing lines 7 to 9 on page 8 with the following:
"other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice"
After debate, the question being put on the amendment, it was adopted.
Clause 11, as amended, carried.
Clauses 12 to 15 carried.
On Clause 16,
After debate, Clause 16 was deleted.
Clauses 17 to 50 carried.
On Clause 51,
Michel Bellehumeur moved, -- That Bill C-51, in Clause 51, be amended by replacing lines 12 to 15 on page 29 with the following:
"(iv) an offence set out in Schedule II, or"
After debate, the question being put on the amendment, it was negatived.
Jim Gouk moved, -- That Bill C-51, in Clause 51, be amended by replacing lines 15 and 16 on page 29 with the following:
"Code,
(v) a designated substance offence within the meaning of Part XII.2 of the Criminal Code, or
(vi) a criminal organization offence with-"
After debate, it was negatived.
Michel Bellehumeur moved, -- That Bill C-51, in Clause 51, be amended by replacing line 19 on page 29 with the following:
"under subsection 82(2), or
(vi) an offence under section 463 of the Criminal Code that was prosecuted by indictment in relation to an offence set out in paragraph (1)(e), (2)(f) or (3)(e) of Schedule II;"
After debate, the question being put on the amendment, it was negatived on division.
Clause 51 carried on division.
Clauses 52 to 55 carried on division.
The Title carried.
The Bill, as amended, carried.
ORDERED, -- That the Chair report Bill C-51 with amendments to the House as the Fifteenth Report of the Committee.
At 12:14 p.m., the Committee adjourned to the call of the Chair.
Roger Préfontaine
Clerk of the Committee