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MINUTES OF PROCEEDINGS

Meeting No. 40

Thursday, May 31, 2012

The Standing Committee on Justice and Human Rights met at 11:08 a.m. this day, in Room 306, La Promenade Building, the Chair, Dave MacKenzie, presiding.

Members of the Committee present: Françoise Boivin, Raymond Côté, Hon. Irwin Cotler, Kerry-Lynne D. Findlay, Pierre Jacob, Brian Jean, Dave MacKenzie, Brent Rathgeber, Craig Scott and Kyle Seeback.

Acting Members present: Costas Menegakis for Robert Goguen and Maurice Vellacott for Stephen Woodworth.

In attendance: House of Commons: Wayne Cole, Legislative Clerk ; Cynara Corbin, Procedural Clerk . Library of Parliament: Dominique Valiquet, Analyst ; Cynthia Kirkby, Analyst.

Witnesses: Department of Citizenship and Immigration: Nathalie Levman, Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Wednesday, February 29, 2012, the Committee resumed consideration of Bill C-299, An Act to amend the Criminal Code (kidnapping of young person).

The Chair called Clause 1.

The witness answered questions.

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

On Clause 1,

Irwin Cotler moved, — That Bill C-299, in Clause 1, be amended by replacing lines 10 to 12 on page 1 with the following:

“imprisonment for life; and”

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, Françoise Boivin 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: Kerry-Lynne D. Findlay, Brian Jean, Costas Menegakis, Brent Rathgeber, Kyle Seeback, Maurice Vellacott — 6; NAYS: Françoise Boivin, Raymond Côté, Irwin Cotler, Pierre Jacob, Craig Scott — 5.

Kerry-Lynne D. Findlay moved, — That Bill C-299, in Clause 1, be amended by replacing line 10 on page 1 with the following:

imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum

Debate arose thereon.

At 11:58 a.m., the sitting was suspended.

At 12:03 p.m., the sitting resumed.

After further debate, the question was put on the amendment of Kerry-Lynne D. Findlay and it was agreed to on the following recorded division: YEAS: Kerry-Lynne D. Findlay, Brian Jean, Costas Menegakis, Brent Rathgeber, Kyle Seeback, Maurice Vellacott — 6; NAYS: Françoise Boivin, Raymond Côté, Irwin Cotler, Pierre Jacob, Craig Scott — 5.

Irwin Cotler moved, — That Bill C-299, in Clause 1, be amended by adding after line 12 on page 1 the following:

“(2) Section 279 of the Act is amended by adding the following after subsection (1.2):

(1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.”

After debate, the question was put on the amendment of Irwin Cotler and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Irwin Cotler moved, — That Bill C-299, in Clause 1, be amended by adding after line 12 on page 1 the following:

“(2) Section 279 of the Act is amended by adding the following after subsection (1.2):

(1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into consideration the nature of the prior relationship, if any, between the offender and the victim.”

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

Clause 1, as amended, carried on the following recorded division: YEAS: Kerry-Lynne D. Findlay, Brian Jean, Costas Menegakis, Brent Rathgeber, Kyle Seeback, Maurice Vellacott — 6; NAYS: Françoise Boivin, Raymond Côté, Irwin Cotler, Pierre Jacob, Craig Scott — 5.

The Title carried on division.

The Bill, as amended, carried on the following recorded division: YEAS: Kerry-Lynne D. Findlay, Brian Jean, Costas Menegakis, Brent Rathgeber, Kyle Seeback, Maurice Vellacott — 6; NAYS: Françoise Boivin, Raymond Côté, Irwin Cotler, Pierre Jacob, Craig Scott — 5. .

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

ORDERED, — That Bill C-299, as amended, be reprinted for the use of the House at report stage.

At 12:20 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2012/10/10 4:13 p.m.