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MINUTES OF PROCEEDINGS

Meeting No. 63

Monday, November 28, 2005

The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness met, in camera, at 11:19 a.m. this day, in Room 371, West Block, the Chair, John Maloney, presiding.

Members of the Committee present: Garry Breitkreuz, Joe Comartin, Marc Lemay, Hon. Paul Harold Macklin, John Maloney, Richard Marceau, Myron Thompson, Vic Toews, Mark Warawa and Borys Wrzesnewskyj.

Acting Members present: Hon. David A. Anderson for Hon. Roy Cullen and Hon. Paul DeVillers for Hon. Judy Sgro.

In attendance: Library of Parliament: Philip Rosen, Principal ; Robin MacKay, Analyst . House of Commons: Jean-Francois Lafleur, Legislative Clerk ; Louise Hayes, Committee Clerk.

Pursuant to the Order of Reference of June 7, 2005 and June 27, 2005, the Committee commenced consideration of the study on the process for appointment to the Federal Judiciary.

It was agreed, — That the report of the Subcommittee on the Process for appointment to the federal judiciary, as amended, be adopted as the Eighteenth Report of the Committee.

It was agreed, — That the Chair present the report, as amended, to the House.

At 11:24 a.m., the sitting was suspended.

At 11:28, the sitting resumed in public.

Pursuant to the Order of Reference of Wednesday, May 4, 2005, the Committee resumed consideration of Bill C-215, An Act to amend the Criminal Code (consecutive sentence for use of firearm in commission of offence).

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

The Chair calls Clause 1.

On Clause 1,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 1, be amended by replacing lines 8 to 26 on page 1 with the following:

“offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year and to an additional minimum punishment of imprisonment for a term of

(a) five years if the firearm is not discharged in the commission of the offence or during flight after committing the offence; or

(b) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence.

(3.1) Every person who commits an offence under subsection (2) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year and to an additional minimum punishment of imprisonment for a term of five years.”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Borys Wrzesnewskyj propose to move, — That Bill C-215, in Clause 1, be amended by adding after line 26 on page 1 the following: “(3.2) The court shall impose an appropriate sentence of imprisonment for a term of at least the required minimum term unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.”

The Chair ruled the proposed amendment inadmissible as well as the following amendments: Lib 3, Lib 4, Lib 6, Lib 8, Lib 10, Lib 12, Lib 14, Lib 16, Lib 18 and Lib 20, since they exceed the scope and principle of the Bill, as provided on page 654 of the House of Commons Procedure and Practice

Clause 1, as amended, carried on the following recorded division: YEAS: Garry Breitkreuz, Joe Comartin, Myron Thompson, Vic Toews, Mark Warawa, Borys Wrzesnewskyj — 6; NAYS: David A. Anderson, Paul DeVillers, Marc Lemay, Paul Harold Macklin, Richard Marceau — 5.

Clause 2 carried on the following recorded division: YEAS: Garry Breitkreuz, Joe Comartin, Myron Thompson, Vic Toews, Mark Warawa, Borys Wrzesnewskyj — 6; NAYS: David A. Anderson, Paul DeVillers, Marc Lemay, Paul Harold Macklin, Richard Marceau — 5.

On Clause 3,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 3, be amended by replacing lines 37 to 41 on page 2 and lines 1 to 7 on page 3 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 3, as amended, carried on division.

On Clause 4,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 4, be amended by replacing lines 20 to 30 on page 3 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 4, as amended, carried on division.

On Clause 5,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 5, be amended by replacing lines 6 to 8 on page 4 with the following:

“(d) five years if no person is thereby caused bodily harm or death; and

(e) ten years if any person other than the”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 5, as amended, carried on division.

On Clause 6,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 6, be amended by deleting lines 28 to 33 on page 4.

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 6, as amended, carried on division.

On Clause 7,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 7, be amended by replacing lines 4 to 14 on page 5 with the following:

“the offence, or

(ii) ten years, if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 7, as amended, carried on division.

On Clause 8,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 8, be amended by replacing lines 27 to 37 on page 5 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 8, as amended, carried on division.

On Clause 9,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 9, be amended by replacing lines 11 to 21 on page 6 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 9, as amended, carried on division.

On Clause 10,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 10, be amended by replacing lines 34 to 44 on page 6 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 10, as amended, carried on division.

On Clause 11,

Borys Wrzesnewskyj moved, — That Bill C-215, in Clause 11, be amended by replacing lines 13 to 23 on page 7 with the following:

“the offence, or

(ii) ten years if the firearm is discharged in the commission of the offence or during flight after committing the offence; and”

After debate, the question was put on the amendment of Borys Wrzesnewskyj and it was agreed to on division.

Clause 11, as amended, carried on division.

On Clause 12,

Joe Comartin moved, — That Bill C-215 be amended by adding after line 23 on page 7 the following new clause:

“12. The amendments made by this Act cease to have effect on the day that is five years after the day on which this Act comes into force or, if Parliament is not then in session, on the day that is 90 days after the commencement of the next ensuing session.”

After debate, the question was put on the amendment of Joe Comartin and it was agreed to on the following recorded division: YEAS: Garry Breitkreuz, Joe Comartin, Myron Thompson, Vic Toews, Mark Warawa, Borys Wrzesnewskyj — 6; NAYS: David A. Anderson, Paul DeVillers, Marc Lemay, Paul Harold Macklin, Richard Marceau — 5.

Clause 12 carried on division.

The title carried on division.

The question: "Shall the Bill carry, as amended?" was put and was agreed to on the following recorded division: YEAS: Garry Breitkreuz, Joe Comartin, Myron Thompson, Vic Toews, Mark Warawa, Borys Wrzesnewskyj — 6; NAYS: David A. Anderson, Paul DeVillers, Marc Lemay, Paul Harold Macklin, Richard Marceau — 5.

It was agreed on division, — That the Chair report Bill C-215, as amended, to the House.

ORDERED, — That Bill C-215, as amended, be reprinted for the use of the House at report stage.

At 12:05 p.m., the Committee adjourned to the call of the Chair.

Diane Diotte
Clerk of the Committee

2005/11/30 12:21 p.m.