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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 68
Wednesday, October 4, 2017, 4:03 p.m. to 8:14 p.m.
Presiding
Anthony Housefather, Chair (Liberal)

Liberal

House of Commons
• Ariane Gagné-Frégeau, Procedural Clerk
• Philippe Méla, Legislative Clerk
• William Stephenson, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Maxime Charron-Tousignant, Analyst
Department of Justice
• Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector
• Greg Yost, Counsel, Criminal Law Policy Section
• Joanna Wells, Counsel, Criminal Law Policy Section
Pursuant to the Order of Reference of Wednesday, May 31, 2017, the Committee resumed consideration of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

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

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

The Chair called Clause 1.

Carole Morency, Greg Yost and Joanna Wells answered questions.

Clause 1 carried.

Clause 2 carried.

On Clause 3,

Peter Julian moved, — That Bill C-46, in Clause 3, be amended by deleting line 29 on page 5 to line 2 on page 6.

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

Clause 3 carried on division.

Clause 4 carried.

On Clause 5,

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by adding after line 27 on page 6 the following:

“(1.1) Paragraphs 255(1)(a) to (c) of the Act are replaced by the following:

(a) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(i) for a first offence, 30 days,

(ii) for a second offence, 120 days,

(iii) for a third offence, one year, and

(iv) for each subsequent offence, two years; or

(b) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day and to a minimum punishment of

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days,

(iii) for a third offence, imprisonment for a term of 120 days, and

(iv) for each subsequent offence, imprisonment for a term of one year.”

After debate, the question was put on the amendment of Mark Warawa and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by adding before line 1 on page 7 the following:

“(2.1) Subsection 255(2) of the Act is replaced by the following:

(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(a) for a first offence, 120 days,

(b) for a second offence, one year; and

(c) for each subsequent offence, two years.”

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

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by replacing line 7 on page 7 with the following:

“term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(a) for a first offence, 120 days,

(b) for a second offence, one year; and

(c) for each subsequent offence, two years.”

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

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended

(a) by adding after line 7 on page 7 the following:

“(3.1) Subsection 255(3) of the Act is replaced by the following:

(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of five years.”

(b) by adding after line 13 on page 7 the following:

“(4.1) Subsection 255(3.2) of the Act is replaced by the following:

(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of five years.

(3.21) A person who commits an offence under subsection 254(5), who provides samples under subparagraph 320.271(c)(ii) and who has, within two hours after ceasing to operate the conveyance, a blood alcohol concentration of less than 80 mg of alcohol in 100 mL of blood is not liable to the minimum punishment set out in subsection (3.2).”

(c) by replacing line 13 on page 7 with the following:

“dictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of five years.”

At 4:27 p.m., by unanimous consent and pursuant to Standing Order 115(5), it was agreed that the Committee continue to sit.

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

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

That Bill C-46, in Clause 15, be amended by adding after line 8 on page 24 the following:

“320.271 A peace officer who arrests a person who was involved in an accident that resulted in the death of another person, or resulted in bodily harm that endangers the life of another person, and who fails or refuses to comply with a demand made under section 320.27, shall

(a) inform the person that they are liable on conviction to a minimum punishment of imprisonment for a term of five years if the other person is dead or the other person’s bodily harm results in their death;

(b) inform the person that they have the right to retain and instruct counsel; and

(c) bring the person to a police station where the peace officer shall

(i) provide the person with an opportunity to retain and instruct counsel without delay, and

(ii) provide the person with an opportunity to provide the samples referred to in subparagraph 320.28(1)(a)(i) or (ii), as the peace officer may decide.”

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by adding after line 7 on page 7 the following:

“(3.1) Subsection 255(3) of the Act is replaced by the following:

(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of the indictable offence of vehicular homicide as a result of impairment and liable to imprisonment for life.”

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

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by replacing lines 12 and 13 on page 7 with the following:

“resulting in the death of another person is guilty of the indictable offence of vehicular homicide as a result of impairment and is liable to imprisonment for life.”

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

Mark Warawa moved, — That Bill C-46, in Clause 5, be amended by adding after line 13 on page 7 the following:

“(4.1) Section 255 of the Act is amended by adding the following after subsection (3.2):

(3.21) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (3) or (3.1) may be served consecutively to

(a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

(b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those subsections.”

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

Clause 5 carried on division.

Clause 6 carried.

Clause 7 carried.

On Clause 8,

Iqra Khalid moved, — That Bill C-46, in Clause 8, be amended by replacing line 13 on page 9 with the following:

“254(3), (3.1), (3.3) or (3.4) or section 256 or with the consent of”

After debate, the question was put on the amendment of Iqra Khalid and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 8, as amended, carried.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

Clause 12 carried.

Clause 13 carried.

Clause 14 carried.

At 4:41 p.m., the sitting was suspended.

At 5:13 p.m., the sitting resumed.

On Clause 15,

Colin Fraser moved, — That Bill C-46, in Clause 15, be amended by replacing lines 5 to 7 on page 14 with the following:

vessel includes a hovercraft. (bateau)”

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

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-46, in Clause 15, be amended

(a) by replacing lines 5 and 6 on page 15 with the following:

“(b) subject to subsection (5), has, while operating or having the care or control of a conveyance, a blood alcohol”

(b) by replacing lines 9 and 10 on page 15 with the following:

“(c) subject to subsection (6), has, while operating or having the care or control of a conveyance, a blood drug con-”

(c) by replacing lines 14 and 15 on page 15 with the following:

“(d) subject to subsection (7), has, while operating or having the care or control of a conveyance, a blood alcohol”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Mark Warawa moved, — That Bill C-46, in Clause 15, be amended by replacing line 24 on page 15 with the following:

“(3) Everyone commits the offence of vehicular homicide as a result of impairment who commits an of-”

After debate, the question was put on the amendment of Mark Warawa and it was negatived, by a show of hands: YEAS: 3; NAYS: 4.

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by replacing line 13 on page 17 with the following:

“veyance has been involved in an accident with a”

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

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by replacing line 3 on page 18 with the following:

“law in respect of a conviction under this Act or a discharge under section 730.”

After debate, the question was put on the amendment of Iqra Khalid and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Mark Warawa moved, — That Bill C-46, in Clause 15, be amended by replacing lines 11 to 23 on page 18 with the following:

“subsection 320.14(1) or 320.15(1)

(a) is liable on conviction on indictment to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(i) for a first offence, 30 days,

(ii) for a second offence, 120 days,

(iii) for a third offence, one year, and

(iv) for each subsequent offence, two years; or

(b) is liable on summary conviction to imprisonment for a term of not more than two years less a day and to a minimum punishment of

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days,

(iii) for a third offence, imprisonment for a term of 120 days, and

(iv) for each subsequent offence, imprisonment for a term of one year.”

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

Peter Julian moved, — That Bill C-46, in Clause 15, be amended

(a) by replacing lines 13 and 14 on page 18 with the following:

“(a) to the following punishment, namely,

(i) for a first offence, a fine of not more than $1,000,”

(b) by replacing line 16 on page 18 with the following:

“of not more than 30 days, and”

(c) by replacing line 18 on page 18 with the following:

“a term of not more than 120 days;”

(d) by replacing line 30 on page 18 with the following:

“(a) an additional fine of not more than $1,500, if the person's blood”

(e) by replacing, in the English version, line 1 on page 19 with the following:

“(b) an additional fine of not more than $2,000, if the person's blood”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by

(a) replacing line 29 on page 18 with the following:

“for a first offence, to”

(b) replacing line 6 on page 19 with the following:

“first offence, to a fine”

After debate, the question was put on the amendment of Iqra Khalid and it was agreed to, by a show of hands: YEAS: 6; NAYS: 1.

Mark Warawa moved, — That Bill C-46, in Clause 15, be amended

(a) by replacing line 16 on page 19 with the following:

“tion 320.13(2) or 320.16(2) is liable”

(b) by adding after line 20 on page 19 the following:

“(2) Everyone who commits an offence under subsection 320.14(2) or 320.15(2):

(a) is liable on conviction on indictment to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

(i) for a first offence, 120 days,

(ii) for a second offence, one year, and

(iii) for each subsequent offence, two years; or

(b) is liable on summary conviction 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

(i) for a first offence, 30 days,

(ii) for a second offence, 120 days, and

(iii) for each subsequent offence, one year.”

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

Colin Fraser moved, — That Bill C-46, in Clause 15, be amended by replacing lines 16 to 20 on page 19 with the following:

“tion 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is liable on conviction on indictment or on summary conviction

(a) to the following minimum punishment, namely,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days;

(b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and

(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

Mark Warawa moved, — That Bill C-46, in Clause 15, be amended by replacing lines 22 to 24 on page 19 with the following:

“section 320.13(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life.

(2) Subject to subsection (3), everyone who commits an offence under subsection 320.14(3) or 320.15(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of imprisonment for a term of five years.

(3) A person who commits an offence under subsection 320.15(3), who provides samples under subparagraph 320.271(c)(ii) and who has, within two hours after ceasing to operate the conveyance, a blood alcohol concentration of less than 80 mg of alcohol in 100 mL of blood is not liable to the minimum punishment set out in subsection (2).”

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

Colin Fraser moved, — That Bill C-46, in Clause 15, be amended by replacing line 24 on page 19 with the following:

“life and to a minimum punishment of,

(a) for a first offence, a fine of $1,000;

(b) for a second offence, imprisonment for a term of 30 days; and

(c) for each subsequent offence, imprisonment for a term of 120 days.”

At 5:47 p.m., by unanimous consent and pursuant to Standing Order 115(5), it was agreed that the Committee continue to sit.

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 5; NAYS: 2.

Mark Warawa moved, — That Bill C-46, in Clause 15, be amended by adding after line 11 on page 20 the following:

“(2) A sentence imposed on a person for an offence under subsection 320.14(3) may be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 320.14(3).”

The question was put on the amendment of Mark Warawa and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by adding after line 35 on page 21 the following:

“(5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.”

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

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by replacing line 10 on page 23 with the following:

“(a) an offence under any of subsections 320.14(1) to (3) or section”

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

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-46, in Clause 15, be amended by replacing line 37 on page 23 with the following:

“(2) If a peace officer conducting a roadside checkpoint has in his or her possession an ap-”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 0; NAYS: 4.

At 5:58 p.m., the sitting was suspended.

At 7:00 p.m., the sitting resumed.

Peter Julian moved, — That Bill C-46, in Clause 15, be amended

(a) by replacing line 38 on page 23 to line 1 on page 24 with the following:

“proved screening device, the peace officer may, only in the course of the lawful exercise of powers while conducting a roadside checkpoint program authorized under an Act of”

(b) by replacing line 3 on page 24 with the following:

“at common law, by demand, require each and every person who is”

(c) by replacing line 5 on page 24 with the following:

“samples of breath that are”

(d) by adding after line 8 on page 24 the following:

“(3) For greater certainty, the lawful exercise of powers referred to in subsection (2) may only be applied in situations where each and every person who is operating a motor vehicle is subjected to a demand to provide samples of breath.”

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian — 1;

NAYS: Mel Arnold, Randy Boissonnault, Colin Fraser, Iqra Khalid, Ron Liepert, Rob Nicholson, Jennifer O'Connell, Robert-Falcon Ouellette — 8.

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-46, in Clause 15, be amended by replacing line 10 on page 24 with the following:

“believe that a person has, within the preceding three hours, operated a conveyance while”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Rob Nicholson moved, — That Bill C-46, in Clause 15, be amended by replacing line 29 on page 25 with the following:

“(a) a sample of oral fluid, urine or sweat that, in the evaluat-”

After debate, the question was put on the amendment of Rob Nicholson and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by replacing line 19 on page 26 with the following:

“not by itself affect the validity of the taking of the sample or of an analysis made of the”

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

Rob Nicholson moved, — That Bill C-46, in Clause 15, be amended by adding after line 6 on page 28 the following:

“320.301 A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall order that all samples of bodily substances that are taken from a person for the purposes of this Part and the results of their analysis be destroyed or, in the case of results in electronic form, that access to those results be permanently removed, without delay after the person is finally acquitted of the offence and any other offence in respect of the same transaction.”

At 7:32 p.m., the sitting was suspended.

At 7:44 p.m., the sitting resumed.

After debate, the question was put on the amendment of Rob Nicholson and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

It was agreed, — That the Committee write a letter to the Minister of Justice and Attorney General of Canada regarding a privacy concern raised during the sudy of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

Colin Fraser moved, — That Bill C-46, in Clause 15, be amended by replacing line 12 on page 29 with the following:

“person ceased to operate the conveyance and the person's blood alcohol concentration exceeds 20 mg of alcohol in 100 mL of blood, the person's”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-46, in Clause 15, be amended by replacing lines 15 to 17 on page 29 with the following:

“section (1) or (2), as the case may be.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Peter Julian moved, — That Bill C-46, in Clause 15, be amended by deleting lines 23 to 34 on page 29.

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Rob Nicholson moved, — That Bill C-46, in Clause 15, be amended by replacing line 36 on page 29 with the following:

“breath, blood, urine, sweat or other bodily substance that they”

After debate, the question was put on the amendment of Rob Nicholson and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

Peter Julian moved, — That Bill C-46, in Clause 15, be amended by adding after line 7 on page 32 the following:

“(f) the historical results of the approved instrument's maintenance records.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Colin Fraser moved, — That Bill C-46, in Clause 15, be amended by replacing line 5 on page 33 with the following:

“enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Iqra Khalid moved, — That Bill C-46, in Clause 15, be amended by

(a) replacing line 17 on page 34 with the following:

“(a) a person as qualified,”

(b) replacing line 20 on page 34 with the following:

“(b) a person or class of”

(c) replacing line 23 on page 34 with the following:

“(ii) to analyze samples of bodily substances; and”

After debate, the question was put on the amendment of Iqra Khalid and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 15, as amended, carried on division.

By unanimous consent, Clauses 16 to 31 inclusive carried severally.

On new Clause 31.1,

Peter Julian moved, — That Bill C-46 be amended by adding before line 1 on page 41 the following new clause:

“REVIEW AND REPORT

31.1 (1) Within three years after the day on which this section comes into force, the Minister of Justice and Attorney General of Canada must undertake a comprehensive review of the implementation and operation of the provisions enacted by this Act, and prepare a report setting out his or her conclusions and recommendations and including robust data sets collected by government and non-government agencies on the effectiveness of these provisions and the impacts resulting from them.

(2) The Minister of Justice and Attorney General of Canada must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after it is completed.”

After debate, the question was put on the amendment of Peter Julian and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

New Clause 31.1 carried.

By unanimous consent, Clauses 32 to 52 inclusive carried severally.

On Preamble,

Colin Fraser moved, — That Bill C-46, in the preamble, be amended by replacing line 9 on page 1 with the following:

“impaired or drug-impaired driving and exercise investigative powers in a manner that is consistent with the Canadian Charter of Rights and Freedoms;”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

The Preamble, as amended, carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

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

ORDERED, — That Bill C-46, as amended, be reprinted for the use of the House at report stage.

At 8:14 p.m., the Committee adjourned to the call of the Chair.



Julie Geoffrion
Clerk of the Committee