JUST Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 21

Tuesday, October 2, 2001

The Standing Committee on Justice and Human Rights met at 11:00 a.m. this day, in Room 269, West Block.

Members of the Committee present: Michel Bellehumeur, Bill Blaikie, Chuck Cadman, Paul DeVillers, Ivan Grose, Peter MacKay, John Maloney, John McKay, Stephen Owen, Denis Paradis, The Hon. Andy Scott, Kevin Sorenson, Vic Toews.

Acting Members present: Brian Fitzpatrick for Myron Thompson; Derek Lee for Marie-Carole Allard; Marlene Catterall for Irwin Cotler; Bob Wood for Lynn Myers.

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

Pursuant to Standing Order 106 (1) and (2), election of a Chair and Vice-Chairs.

The Clerk presided over the election of the Chair.

Chuck Cadman moved, -- That Andy Scott do take the Chair of this Committee as Chairman.

The question being put on the motion, it was agreed to unanimously.

Accordingly, Andy Scott was declared duly elected Chair and took the Chair.

On motion of Denis Paradis, it was agreed unanimously, -- That Chuck Cadman be elected Vice-Chair of the Committee

On motion of Paul DeVillers, it was agreed unanimously, -- that Denis Paradis be elected Vice-Chair of the Committee.

On motion of Paul DeVillers, it was agreed, that, pursuant to the order of the House of September 25, 2001, the Minister of Justice be invited to appear today between 4:30 and 5:30 p.m. to speak to the portions of Bill C-15, an Act to amend the Criminal Code and to amend other Acts containing the provisions respecting the protection of children from sexual exploitation, criminal harassment, disarming or attempting to disarm a peace officer, home invasions, allegations of miscarriages of justice and reform and modernization of criminal procedures;

On motion of. Bill Blaikie, It was agreed, that, pursuant to its order of reference dated September 26, 2001, this Committee divides Bill C-15, An Act to amend the Criminal Code and to amend other Acts into two bills;

That the provisions in Bill C-15 respecting protection of children from sexual exploitation, criminal harassment, disarming or attempting to disarm a peace officer, home invasions, allegations of miscarriage of justice and reform and modernization of criminal procedure, and consisting of clauses: 1 to 3, 10 to 14, 16 to 23, 25 to 96, and 145 to 151, do compose Bill C-15A, An Act to amend the Criminal Code and to amend other Acts;

That the provisions in Bill C-15 respecting cruelty to animals and amendments to the Firearms Act, and consisting of clauses: 1(edited), 4 to 9, 15, 24, 97 to 144, and 151(edited), do compose Bill C-15B, An Act to amend the Criminal Code (Cruelty to Animals and Firearms) and the Firearms Act;

Ordered - that the General Legislative Counsel of the House of Commons be instructed to prepare a working copy of both bills for consideration of the committee during clause-by-clause examination, renumbering all the clauses and making any necessary editorial changes;

ORDERED -That Working Copies of Bills C-15A and C-15B be printed for use at clause-by-clause consideration;

ORDERED - That the General Legislative Counsel create a table of concordance linking the clauses of Bill C-15 to the appropriate clauses in Bill C-15A and Bill C-15B; and

ORDERED - That the Chair report to the House on the division of Bill C-15, An Act to amend the Criminal Code and to amend other Acts.

It was agreed, that the Committee would hear witnesses on Bill 15A, An Act to amend the Criminal Code and to amend other Acts, on Wednesday afternoon between 3:30 p.m and 6:30 p.m. and on Thursday morning beginning at 9:00 p.m. and that the Committee would then proceed to clause-by-clause consideration of the Bill following the witnesses on Thursday morning;

On motion of Derek Lee, a budget request of $66,700 was approved and the Chair was instructed to seek these funds from the Liaison Committee

Ordered – that staff prepare a briefing note on the Miscellaneous Statute Law Amendment Act proposals for consideration at a later date by the Committee.

Ordered – that committee staff prepare a draft work plan for the committee’s consideration taking into account the following items: the Study of Bill C-15B An Act to amend the criminal Code (Cruelty to Animals and Firearms) and the Firearms Act, any additional legislation that may be forthcoming; notice of motions given by Kevin Sorenson to call the Solicitor General and the Commissioner of the RCMP to appear before the Committee; the Miscellaneous Statute Law Amendment Proposal; the statutory review of the Mental Health Provisions of the Criminal Code; and the Issue of Conditional Sentencing;

Mr. Derek Lee gave notice of the following motion:

“That pursuant to Standing Order 108(1)(a) and (b) a Sub-Committee on National Security, composed of 9 Members; 5 Members from the Liberal Party; one Member from the Canadian Alliance; one Member from the Bloc Québécois; one Member from the New Democratic Party and one Member from the PC/DR, be established with all the powers of the Committee except the power to report to the House; and pursuant to Standing Order 108(2) the mandate of the said Sub-Committee shall include review and consideration of the budgets and the propriety and efficacy of the functions performed and the powers exercised by the Canadian Security Intelligence Service (CSIS), the RCMP National Security Investigations Branch, and their relationships with all departments and agencies with which they have a memorandum of understanding or other working arrangements, the Annual Report to Parliament of the Security Intelligence Review Committee, all Special Reports made by SIRC under section 54 of the CSIS Act, the operations of the SIRC on behalf of Parliament, the Annual Statement on National Security made by the Solicitor General, the Annual Public Report made by the Director of CSIS”.

It was agreed, that Mr. Lee should be mandated to hold informal discussions regarding this motion with members of the Committee from all parties and that the motion would be considered at a later meeting of the Committee.

At 12:00 p.m., the Committee adjourned to the call of the Chair.

Catherine Barrette / Marie Danielle Vachon

Clerks of the Committee