JUST Committee Report

Preamble

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;”

Clause 8

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”

Clause 15

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)”

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”

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.”

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”

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.”

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.”

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.”

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”

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”

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”

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”

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.”

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”

New Clause 31.1

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.”