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MINUTES OF PROCEEDINGS

Meeting No. 72

Monday, May 6, 2013

The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 306, La Promenade Building, the Chair, Mike Wallace, presiding.

Members of the Committee present: Dan Albas, Scott Armstrong, Françoise Boivin, Robert Goguen, Pierre Jacob, Hoang Mai, Kyle Seeback, Mike Wallace and David Wilks.

Acting Members present: Blaine Calkins for Brent Rathgeber, Sean Casey for Hon. Irwin Cotler, Isabelle Morin for Wayne Marston and Francis Scarpaleggia for Hon. Irwin Cotler.

Other Members present: Maria Mourani.

In attendance: House of Commons: Mike MacPherson, Legislative Clerk ; David-Andrés Novoa, Legislative Clerk . Library of Parliament: Cynthia Kirkby, Analyst.

Witnesses: Quebec Council on the Status of Women: Julie Miville-Dechêne, President; Nathalie Bissonnette, Director, Communications. Comité d'action contre la traite humaine interne et international: Louise Dionne, Coordinator; Claudette Bastien, President. Salvation Army: Naomi Krueger, Manager, Deborah's Gate; Michael Maidment, Area Director, Public Relations and Development, Federal Government Liaison Officer. Department of Justice: Nathalie Levman, Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Wednesday, March 6, 2013, the Committee resumed consideration of Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).

Julie Miville-Dechêne, Louise Dionne, Claudette Bastien and Michael Maidment made statements and, with Naomi Krueger, answered questions.

At 4:47 p.m., the sitting was suspended.

At 4:50 p.m., the sitting resumed.

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

Nathalie Levman answered questions.

On Clause 1,

Sean Casey moved, — That Bill C-452, in Clause 1, be amended by adding after line 13 on page 1 the following:

“(2) Notwithstanding subsection (1), a sentence may be served concurrently if the court considers that it would not be in the best interests of justice that the sentences be served consecutively. The judge shall give, in writing, reasons for the decision.”

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.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:

That Bill C-452, in Clause 4, be amended by adding after line 42 on page 2 the following:

Clause 1 carried.

On Clause 2,

Robert Goguen moved, — That Bill C-452, in Clause 2, be amended by deleting lines 14 to 24 on page 1.

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

Robert Goguen moved, — That Bill C-452, in Clause 2, be amended by replacing lines 1 to 7 on page 2 with the following:

“(3) For the purposes of subsections (1) and 279.011(1), evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.”

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

Sean Casey moved, — That Bill C-452, in Clause 2, be amended by replacing line 4 on page 2 with the following:

“person who is exploited and who lives on the avails of the exploitation shall, in the absence of”

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.

Sean Casey moved, — That Bill C-452, in Clause 2, be amended by adding after line 7 on page 2 the following:

“(4) Subsection (3) does not apply in respect of a person who was less than eighteen years old at the time of the offence.”

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

Clause 2, as amended, carried.

On Clause 3,

Robert Goguen moved, — That Bill C-452, in Clause 3, be amended by

(a) replacing line 8 on page 2 with the following:

“3. Subsection 279.04(1) of the French”

(b) deleting lines 20 to 31 on page 2.

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

Clause 3, as amended, carried.

Blaine Calkins moved, — That the Committee do now adjourn.

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

At 5:38 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2013/05/14 3:52 p.m.