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MINUTES OF PROCEEDINGS

Meeting No. 25

Thursday, March 8, 2012

The Standing Committee on Justice and Human Rights met at 11:04 a.m. this day, in Room 306, La Promenade Building, the Chair, Dave MacKenzie, presiding.

Members of the Committee present: Françoise Boivin, Charmaine Borg, Hon. Irwin Cotler, Kerry-Lynne D. Findlay, Robert Goguen, Jack Harris, Pierre Jacob, Brian Jean, Dave MacKenzie, Brent Rathgeber, Kyle Seeback and Stephen Woodworth.

In attendance: House of Commons: Lucie Tardif-Carpentier, Legislative Clerk ; Chloé O'Shaughnessy, Procedural Clerk . Library of Parliament: Dominique Valiquet, Analyst.

Witnesses: Department of Justice: Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section; Joanne Klineberg, Senior Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Thursday, December 15, 2011, the Committee resumed consideration of Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).

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

The Chair called Clause 2.

The witnesses answered questions.

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

On Clause 2,

Irwin Cotler moved, — That Bill C-26, in Clause 2, be amended by replacing line 8 on page 1 to line 18 with the following:

“34. (1) Every one is justified in acting to repel force, or the threat of force, with force if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) the act is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 9 on page 1 with the following:

“(a) they believe that”

After debate, by unanimous consent, the amendment was withdrawn.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 13 on page 1 with the following:

“(b) the act that would otherwise constitute the offence is”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 18 on page 1 with the following:

“circumstances as perceived by the person.”

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

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 21 on page 1 with the following:

“court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:”

After debate, the question was put on the amendment of Jack Harris and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 8 on page 2 with the following:

“(e) the size, age, gender and physical capabilities of the parties to”

After debate, the question was put on the amendment of Jack Harris and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 11 on page 2 with the following:

“interaction or communication between the parties to the”

After debate, by unanimous consent, the amendment was withdrawn.

Irwin Cotler moved, — That Bill C-26, in Clause 2, be amended by adding after line 13 on page 2 the following:

“(f.1) any history of interaction or communication between the parties to the incident;”

After debate, the question was put on the amendment of Irwin Cotler and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by deleting lines 14 to 16 on page 2.

After debate, by unanimous consent, the amendment was withdrawn.

Irwin Cotler moved, — That Bill C-26, in Clause 2, be amended by replacing, in the French version, line 29 on page 2 with the following:

“qu'elle n'agit pas de façon autorisée par la loi.”

After debate, by unanimous consent, the amendment was withdrawn.

Irwin Cotler moved, — That Bill C-26, in Clause 2, be amended by replacing line 28 on page 2 to line 14 on page 3 with the following:

“35. (1) Every one is justified in acting to protect their property if

(a) they believe on reasonable grounds that they are in peaceable possession of the property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of the property;

(b) they believe on reasonable grounds that another person

(i) is about to enter, is entering or has entered the property without being entitled by law to do so,

(ii) is about to take the property, is doing so or has just done so, or

(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

(i) preventing the other person from entering the property, or removing that person from the property, or

(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

(d) the act committed is reasonable in the circumstances.”

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Jack Harris moved, — That Bill C-26, in Clause 2, be amended by replacing line 14 on page 3 with the following:

“circumstances as perceived by the person.”

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

Clause 2, as amended, carried.

On Clause 3,

Jack Harris moved, — That Bill C-26, in Clause 3, be amended by replacing line 38 on page 3 with the following:

“(b) they make the arrest at the first reasonable opportunity within a reasonable”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Jack Harris moved, — That Bill C-26, in Clause 3, be amended by replacing line 39 on page 3 with the following:

“time after the offence is committed at a place that is within reasonable proximity of the place where the offence was committed and they”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clause 3 carried.

Clause 4 carried.

The Short Title carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-26, as amended, be reprinted for the use of the House at report stage.

At 1:13 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2012/03/12 9:07 a.m.