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MINUTES OF PROCEEDINGS

Meeting No. 62

Wednesday, February 18, 2015

The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 237-C, Centre Block, the Chair, Mike Wallace, presiding.

Members of the Committee present: Françoise Boivin, Blaine Calkins, Sean Casey, Bob Dechert, Robert Goguen, Ève Péclet, Kyle Seeback, Mike Wallace and David Wilks.

Acting Members present: Jean Crowder for Pierre Jacob.

In attendance: Library of Parliament: Dominique Valiquet, Analyst ; Lyne Casavant, Analyst . House of Commons: Chloé O'Shaughnessy, Legislative Clerk ; David-Andrés Novoa, Legislative Clerk.

Witnesses: Department of Justice: Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section; Nathalie Levman, Counsel, Criminal Law Policy Section; Matthias Villetorte, Counsel, Criminal Law Policy Section. Department of Public Safety and Emergency Preparedness: Daryl Churney, Director, Corrections and Criminal Justice Division. Department of Public Safety: Ari Slatkoff, Team Leader and Senior Counsel, Legal Services. Royal Canadian Mounted Police: Joe Oliver, Assistant Commissioner, Technical Operations; Sergio Pasin, Inspector, Officer in charge of Behavioural Sciences, Technical Operations, Specialized Policing Operations. Canada Border Services Agency: Alec Attfield, Director, Program and Policy Management Division, Commercial Programs Directorate.

Pursuant to the Order of Reference of Monday, November 24, 2014, the Committee resumed consideration of Bill C-26, An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts.

Nathalie Levman, Daryl Churney and Joe Oliver answered questions.

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

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

The Chair called Clause 2.

Clause 2 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 3 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 4 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 5 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 6 carried by a show of hands: YEAS: 8; NAYS: 0.

On Clause 7,

Sean Casey moved, — That Bill C-26, in Clause 7, be amended

(a) by replacing lines 39 to 43 on page 2 with the following:

“tion any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.”

(b) by replacing lines 6 to 9 on page 3 with the following:

“pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.”

The question was put on the amendment of Sean Casey and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 7 carried by a show of hands: YEAS: 9; NAYS: 0.

After debate, by unanimous consent, Clauses 8 to 20 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 1.

On Clause 21,

Bob Dechert moved, — That Bill C-26, in Clause 21, be amended by replacing lines 7 to 11 on page 8 with the following:

““sexual offence against a child” means

(a) a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act; or

(b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act.”

After debate, the question was put on the amendment of Bob Dechert and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 21, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

By unanimous consent, Clauses 22 to 28 inclusive carried severally by a show of hands: YEAS: 7; NAYS: 0.

On Clause 29,

Bob Dechert moved, — That Bill C-26, in Clause 29, be amended by replacing lines 11 to 15 on page 13 with the following:

““sexual offence against a child” means

(a) a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age, other than an offence referred to in paragraph (b) or (f) of the definition “designated offence” in that subsection if the prosecutor has not, for the purposes of subsection 490.012(2) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition; or

(b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is or was required to comply with the Sex Offender Information Registration Act.”

After debate, the question was put on the amendment of Bob Dechert and it was agreed to, by a show of hands: YEAS: 6; NAYS: 2.

Françoise Boivin moved, — That Bill C-26, in Clause 29, be amended by adding after line 36 on page 14 the following:

“(2) Under no circumstances must the information referred to in subsection (1) be used to identify the victims.”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Françoise Boivin moved, — That Bill C-26, in Clause 29, be amended by adding after line 7 on page 16 the following:

“ANNUAL REPORT

12. (1) The Minister of Public Safety and Emergency Preparedness must, within one year after the coming into force of this Act and every year after that, prepare a report specifying the number of persons whose name has been added to the database and the information specified in paragraphs 5f) and g) in respect of those persons.

(2) The Minister of Public Safety and Emergency Preparedness must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

After debate, Clause 29, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

By unanimous consent, Clauses 30 to 34 inclusive carried severally by a show of hands: YEAS: 9; NAYS: 0.

Clause 1, 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 5:30 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2015/03/17 3:26 p.m.