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MINUTES OF PROCEEDINGS

Meeting No. 38

Thursday, November 25, 2010

The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 253-D, Centre Block, the Chair, Ed Fast, presiding.

Members of the Committee present: Joe Comartin, Bob Dechert, Ed Fast, Hon. Marlene Jennings, Derek Lee, Serge Ménard, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber and Stephen Woodworth.

Acting Members present: Meili Faille for Marc Lemay and Pierre Lemieux for Stephen Woodworth.

In attendance: Library of Parliament: Robin MacKay, Analyst . House of Commons: Wayne Cole, Legislative Clerk.

Witnesses: As individuals: Joseph Groia, Lawyer, Groia & Company; Lincoln Caylor, Lawyer, Bennett Jones. Department of Justice: Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Tuesday, October 5, 2010, the Committee commenced consideration of Bill C-21, An Act to amend the Criminal Code (sentencing for fraud).

Lincoln Caylor and Joseph Groia made statements and answered questions.

The Committee commenced its clause-by-clause study of the Bill.

Catherine Kane answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

On Clause 2,

Marlene Jennings moved, — That Bill C-21, in Clause 2, be amended by adding after line 15 on page 1 the following:

“(2) Section 380 of the Act is amended by adding the following after subsection (2):

(2.1) When a person is convicted of one or more offences referred to in subsection (2), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.”

After debate, the question was put on the amendment of Marlene Jennings and it was negatived on the following recorded division: YEAS: Marlene Jennings, Derek Lee, Brian Murphy — 3; NAYS: Joe Comartin, Bob Dechert, Meili Faille, Pierre Lemieux, Serge Ménard, Rick Norlock, Daniel Petit, Brent Rathgeber — 8.

After further debate, Clause 2 carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Derek Lee, Pierre Lemieux, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber — 8; NAYS: Joe Comartin, Meili Faille, Serge Ménard — 3.

Clause 3 carried.

On Clause 4,

Derek Lee moved, — That Bill C-21, in Clause 4, be amended by replacing line 25 on page 4 with the following:

“(5) If a victim seeks restitution and the court decides not to make a”

After debate, the question was put on the amendment of Derek Lee and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 4, as amended, carried.

Clause 5 carried.

On new Clause 5.1,

Marlene Jennings moved, — That Bill C-21 be amended by adding after line 10 on page 6 the following new clause:

“CORRECTIONS AND CONDITIONAL RELEASE ACT

5.1 Subsection 125(1) of the Corrections and Conditional Release Act is amended by adding the following after paragraph (a.1):

(a.2) convicted of an offence under section 380 of the Criminal Code;”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of an Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Marlene Jennings appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Bob Dechert, Meili Faille, Pierre Lemieux, Serge Ménard, Rick Norlock, Daniel Petit, Brent Rathgeber — 7; NAYS: Joe Comartin, Marlene Jennings, Derek Lee, Brian Murphy — 4.

Clause 6 carried.

The Short Title carried by a show of hands: YEAS: 8; NAYS: 3.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-21, as amended, be reprinted for the use of the House at report stage.

At 5:30 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2010/11/29 3:48 p.m.