JUST Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 3 of the Bill.
On Clause 3,
Anthony Housefather moved, — That Bill C-40, in Clause 3, be amended(a) by replacing line 22 on page 3 with the following:
“(4) Despite subsection (3), the Commission may de‐”
(b) by replacing line 24 on page 3 with the following:
“or verdict was not appealed to the court of appeal or the Supreme Court of”
(c) by replacing line 28 on page 3 with the following:
“judgment of the trial court;”
(d) by replacing line 30 on page 3 with the following:
“pealed to the court of appeal or the Supreme Court of Canada;”
(e) by replacing line 35 on page 3 with the following:
“court of appeal or the Supreme Court of Canada may be served and filed;”
After debate, the question was put on the amendment of Anthony Housefather and it was agreed to on the following recorded division:
YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7;
NAYS: Frank Caputo, Marilyn Gladu, Rob Moore, Tako Van Popta — 4.
“696.5 (1) If the Commission believes that there is a real possibility that a miscarriage of justice has occurred and”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Frank Caputo, Marilyn Gladu, Rob Moore, Tako Van Popta — 4;
NAYS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7.
Clause 3, as amended, carried on division.
At 9:26 a.m., the sitting was suspended.
At 9:34 a.m., the sitting resumed.
On Clause 4,
Randall Garrison moved, — That Bill C-40, in Clause 4, be amended(a) by replacing line 26 on page 7 with the following:
“696.72 The Commission’s mandate is to
(a) review applica‐”
(b) by adding after line 30 on page 7 the following:
“(b) make recommendations to address systemic issues that may lead to miscarriages of justice to relevant public authorities and bodies, including the Law Commission of Canada, federal-provincial-territorial committees and working groups, federal departments and agencies and parliamentary committees.”
After debate, the question was put on the amendment of Randall Garrison and it was agreed to on division.
“(1.1) Each commissioner must have the ability to speak and understand clearly both official languages.”
At 9:43 a.m., the sitting was suspended.
At 9:52 a.m., the sitting resumed.
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Marco Mendicino — 5;
NAYS: Frank Caputo, Randall Garrison, Marilyn Gladu, James Maloney, Rob Moore, Tako Van Popta — 6.
“(a.1) direct employees to provide advice to the Correctional Service of Canada and to the Parole Board of Canada in order to ensure that applicants and potential applicants do not experience barriers to or exclusion from programs, services or conditional release processes as result of making an application for a review on the grounds of miscarriage of justice;”
Debate arose thereon.
James Maloney moved, — That the amendment be amended
(a) by replacing the words “provide advice to” with the word “notify”
(b) by replacing the words “to the Parole Board of Canada in order to ensure” with the words “the Parole Board of Canada of the importance of ensuring”.
After debate, the question was put on the subamendment of James Maloney and it was agreed to on division.
After debate, the question was put on the amendment of Randall Garrison, as amended, and it was agreed to on the following recorded division:
YEAS: Élisabeth Brière, Anju Dhillon, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 6;
NAYS: Frank Caputo, Rhéal Éloi Fortin, Marilyn Gladu, Rob Moore, Tako Van Popta — 5.
Clause 4, as amended, carried on division.
By unanimous consent, Clauses 5 to 20 inclusive carried on division severally.
Clause 1, Short Title, carried.
The Title carried.
The Bill, as amended, was adopted on division.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-40, as amended, be reprinted for the use of the House of Commons at report stage.
At 10:01 a.m., the committee adjourned to the call of the Chair.