JUST Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 57
Monday, June 9, 2003
The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 701, La Promenade Building, the Chair, Hon. Andy Scott, presiding.
Members of the Committee present: Chuck Cadman, Marlene Jennings, Derek Lee, Peter MacKay, Paul Harold Macklin, John Maloney, Richard Marceau, Pat O'Brien, Joe Peschisolido, Hon. Andy Scott, Kevin Sorenson, Vic Toews.
In attendance: From the Library of Parliament: Philip Rosen, senior analyst, Marilyn Pilon, analyst.
Witnesses: From the Office of the Privacy Commissioner of Canada: George Radwanski, Privacy Commissioner of Canada. From the International Association of Fire Fighters: Jim Lee, Assistant to the General President, Canadian Office.
Pursuant to its Order of Reference of Monday,
April 28, 2003, the Committee resumed consideration of Bill C-32, An Act to
amend the Criminal Code and other Acts (See Minutes of Proceedings,
Tuesday, May 27, 2003, Meeting No. 48).
The witnesses made a statement and answered questions.
At 4:02 p.m., the sitting was suspended.
At 4:08 p.m., the sitting resumed.
The Committee proceeded to Clause-by-Clause consideration of the Bill.
Witnesses: From the Department of Justice: Donald Piragoff, Senior General Counsel, Criminal Law Policy Section; Julie Besner, Counsel, Criminal Policy Section; Normand Wong, Counsel, Criminal Law Policy Section; David Daubney, General Counsel, Sentencing Reform Team.
The witnesses answered questions.
Clause 1 carried on division.
Clause 2 carried on division.
Clause 3 carried on division.
On Clause 4,
Paul Harold Macklin moved, -- That Bill C-32, in Clause 4, be amended by replacing lines 34 to 38 on page 2 with the following:
if the interception is reasonably necessary for
(i) managing the quality of service of the computer system as it relates to
performance factors such as the responsiveness and capacity of the system as
well as the integrity and availability of the system and data; or
(ii) protecting the computer system against any act that would be an offence
under subsection 342.1 (1) or 430 (1.1).
After debate, the question being put on the amendment, it was adopted on division.
Richard Marceau moved, -- That Bill C-32, in Clause 4, be amended by replacing lines 43 to 47 on page 2 with the following:
used or retained if it is essential to identify, isolate or prevent harm to the computer system.
After debate, the question being put on the amendment, it was negatived.
Clause 4, as amended, carried on division.
Clause 5 carried.
Clause 6 carried.
Clause 7 carried.
Clause 8 carried.
On Clause 9,
Paul Harold Macklin moved, -- That Bill C-32, in Clause 9, be amended by replacing, in the English version, line 11 on page 5 with the following:
composed of a judge and jury or is charged with
After debate, the question being put on the amendment, it was adopted.
Clause 9, as amended, carried on division.
Clause 10 carried.
Clause 11 carried on division.
Clause 12 carried on division.
Clause 13 carried on division.
Clause 14 carried on division.
Clause 15 carried on division.
Clause 16 carried on division.
Clause 17 carried on division.
Clause 18 carried on division.
Clause 19 carried on division.
Clause 20 carried on division.
Clause 21 carried on division.
Clause 22 negatived.
Clause 23 carried on division.
Clause 24 carried on division.
Clause 25 carried on division.
The Title carried.
The Bill, as amended, carried.
ORDERED, -- That the Chair report Bill C-32 with amendments to the House as the Third Report of the Committee.
At 4:25 p.m., the Committee adjourned to the call of the Chair.
Patrice Martin
Clerk of the Committee