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MINUTES OF PROCEEDINGS
 
Meeting No. 32
 
Wednesday, October 6, 2010
 

The Standing Committee on Public Safety and National Security met in camera at 3:34 p.m. this day, in Room 253-D, Centre Block, the Chair, Kevin Sorenson, presiding.

 

Members of the Committee present: Don Davies, Roger Gaudet, Mark Holland, Andrew Kania, Ben Lobb, Dave MacKenzie, Phil McColeman, Alexandra Mendes, Maria Mourani, Rick Norlock, Brent Rathgeber and Kevin Sorenson.

 

Acting Members present: Hon. Navdeep Bains for Mark Holland and John Rafferty for Don Davies.

 

In attendance: House of Commons: Lucie Tardif-Carpentier, Legislative Clerk. Library of Parliament: Lyne Casavant, Analyst; Tanya Dupuis, Analyst.

 

Witnesses: Department of Public Safety and Emergency Preparedness: Rosemary O'Brien, Senior Policy Analyst, Corrections Policy Division; Clifford Yumansky, Director, Corrections and Community Development. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section; Alex Weatherston, Counsel, Legal Advisory Services. Department of National Defence: LCol Bruce MacGregor, Director of Law, Military Justice Policy and Research; Lt (N) Dorothy Liang; LCdr Julie Deschenes.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

It was agreed, — That the Committee:

– consider its second draft report on Federal Corrections: Mental Health and Addiction, on October 18, 2010, and that it sit until consideration is completed;

– invite the Honourable Vic Toews, Minister of Public Safety and Mrs. Marie-Lucie Morin, the National Security Advisor, for a briefing on the Canadian Security Intelligence Service on October 20, 2010;

– hear Officials from the Canada Border Services Agency on November 1, 2010;

– hear a maximum of 30 witnesses or groups on G8 and G20 issues on October 25 and 27, November 3 and December 1 and 6, 2010;

– consider Bill C-5, An Act to amend the International Transfer of Offenders Act, on November 15 and 17, 2010;

– consider Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, as well as motion M-514 from Dona Cadman, M.P., on November 22 and 24 and December 8, 2010;

– consider Bill C-17, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), on December 13 and 15, 2010 and;

– invite Royal Canadian Mounted Police Commissioner William Elliott to appear on November 29, 2010.

 

At 3:44 p.m., the sitting was suspended.

At 3:46 p.m., the sitting resumed in public.

 
Pursuant to the Order of Reference of Tuesday, June 15, 2010, the Committee commenced consideration of Bill S-2, An Act to amend the Criminal Code and other Acts.
 

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

The Chair called Clause 2.

 

Clause 2 carried.

 

Clause 3 carried.

 

Clause 4 carried.

 

On Clause 5,

Don Davies moved, — That Bill S-2, in Clause 5, be amended by adding after line 17 on page 5 the following:

“(1.1) The court is not required to make an order under subsection (1) if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy, liberty or prospects for rehabilitation, would be grossly disproportionate to the public interest in protecting society through the effective prevention and investigation of crimes of a sexual nature.”

 

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 

Whereupon, Don Davies appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned, by a show of hands: YEAS: 5; NAYS: 6.

 

After debate, the question was put on the amendment of Don Davies and it was negatived.

 

Clause 5 carried.

 

By unanimous consent, Clauses 6 to 63 inclusive carried.

 

On new Clause 63.1,

Don Davies moved, — That Bill S-2 be amended by adding after line 36 on page 46 the following new clause:

“REVIEW

63.1 (1) Two years after this Act receives royal assent, the Standing Committee of the House of Commons on Public Safety and National Security, or such other parliamentary committee as Parliament may designate for the purposes of this section, shall review and report to Parliament on the operation of the following provisions of this Act:

(a) those provisions that amend the Criminal Code to make subject to an order for automatic inclusion in the national registry sex offenders who are found guilty of an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or those who are found not criminally responsible for such offences on account of mental disorder; and

(b) those provisions that amend the Sex Offender Information Registration Act to expand the purpose of that Act to include the prevention of crimes of a sexual nature.

(2) The report shall include a description of any recommended amendments to the provisions referred to in subsection (1).”

 

After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

 

Clause 64 carried.

 

Clause 65 carried.

 

Schedule 1 carried.

 

The Short Title carried.

 

The Title carried.

 

The Bill carried.

 

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

 

At 4:44 p.m., the Committee adjourned to the call of the Chair.

 



Roger Préfontaine
Clerk of the Committee

 
 
2010/10/25 1:26 p.m.