JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 42

Thursday, December 9, 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, Marc Lemay, Serge Ménard, Brian Murphy, Rick Norlock, Daniel Petit and Brent Rathgeber.

Acting Members present: Shelly Glover for Stephen Woodworth.

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

Appearing: Hon. Rob Nicholson, P.C., M.P., Minister of Justice.

Witnesses: Department of Justice: Donald K. Piragoff, Senior Assistant Deputy Minister; John Giokas, Counsel, Criminal Law Policy Section. Department of National Defence: Bruce MacGregor, Director of Law, Military Justice Policy and Research.

Pursuant to the Order of Reference of Monday, May 3, 2010, the Committee resumed consideration of Bill C-4, An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts.

The Minister made a statement and answered questions.

At 4:29 p.m., the sitting was suspended.

At 4:31 p.m., the sitting resumed.

Pursuant to the Order of Reference of Tuesday, November 16, 2010, the Committee resumed consideration of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.

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

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

The Chair called Clause 2.

John Giokas answered questions.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Brian Murphy moved, — That Bill C-48, in Clause 5, be amended by replacing lines 35 to 37 on page 2 with the following:

“decide

(a) that the periods without eligibility for parole for each murder conviction are to be served consecutively; or

(b) that the periods without eligibility for parole for each murder conviction are to be served consecutively, but the period with respect to the conviction that is the subject of sentencing under section 745 is of such duration as the judge deems fit in the circumstances, as long as

(i) in the case of a first degree murder conviction, the period does not exceed twenty-five years, and

(ii) in the case of a second degree murder conviction, the period does not exceed ten years or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4.”

After debate, the question was put on the amendment of Brian Murphy and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Marlene Jennings moved, — That Bill C-48, in Clause 5, be amended by replacing lines 38 to 40 on page 2 with the following:

“(2) The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).”

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

Cluase 5, as amended, carried on division.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

The Short Title carried by a show of hands: YEAS: 6; NAYS: 5.

The Title carried.

The Bill, as amended, carried on division.

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

ORDERED, — That Bill C-48, as amended, be reprinted for the use of the House at report stage.

At 5:20 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2010/12/14 10:46 a.m.