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MINUTES OF PROCEEDINGS

Meeting No. 62

Thursday, April 19, 2007

The Standing Committee on Justice and Human Rights met at 9:15 a.m. this day, in Room 371, West Block, the Chair, Art Hanger, presiding.

Members of the Committee present: Hon. Larry Bagnell, Joe Comartin, Rick Dykstra, Carole Freeman, Art Hanger, Hon. Marlene Jennings, Derek Lee, Réal Ménard, Rob Moore, Brian Murphy, Daniel Petit and Myron Thompson.

Acting Members present: Jean-Claude D'Amours for Hon. Larry Bagnell.

In attendance: Library of Parliament: Robin MacKay, Analyst ; Dominique Valiquet, Analyst . House of Commons: Joann Garbig, Legislative Clerk.

Witnesses: Department of Justice: Carole Morency, Acting General Counsel.

Pursuant to the Order of Reference of Monday, October 30, 2006, the Committee resumed consideration of Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act.

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

Carole Morency answered questions.

The Committee resumed consideration of Clause 1 and the amendment of Joe Comartin, — That Bill C-22, in Clause 1, be amended by replacing lines 23 and 24 on page 2 with the following:

“matter of the charge if, on the day on which the alleged offence took place,”

By unanimous consent, the amendment was withdrawn.

Joe Comartin moved, — That Bill C-22, in Clause 1, be amended by replacing lines 12 and 13 on page 2 with the following:

“complainant; or

(b) the accused is married to the complainant; or

(i) is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship, and

(d) is not in a position of trust or authority”

Debate arose thereon.

At 10:22 a.m., the sitting was suspended.

At 10:29 a.m., the sitting resumed.

By unanimous consent, Carole Freeman moved, — That the amendment be amended to read as follows:

That Bill C-22, in Clause 1, be amended by replacing lines 10 to 18 on page 2 with the following:

“the subject-matter of the charge if

(a) the accused

(i) is less than five years older than the complainant; and

(ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant; or

(b) the accused is married to the complainant.”

The question was put on the subamendment of Carole Freeman and it was agreed to on the following recorded division: YEAS: Larry Bagnell, Joe Comartin, Carole Freeman, Marlene Jennings, Derek Lee, Réal Ménard, Brian Murphy — 7; NAYS: Rick Dykstra, Rob Moore, Daniel Petit, Myron Thompson — 4.

The question was put on the amendment of Joe Comartin, as amended, and it was agreed to on the following recorded division: YEAS: Larry Bagnell, Joe Comartin, Carole Freeman, Marlene Jennings, Derek Lee, Réal Ménard, Brian Murphy — 7; NAYS: Rick Dykstra, Rob Moore, Daniel Petit, Myron Thompson — 4.

Larry Bagnell moved, — That Bill C-22, in Clause 1, be amended by replacing line 28 on page 2 with the following:

“(i) has been legally engaged in a sexual relationship with the complainant, is the common-law partner of the”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Clause 1, as amended, carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-22, as amended, be reprinted for the use of the House at report stage.

At 10:58 a.m., the Committee adjourned to the call of the Chair.

Diane Diotte
Clerk of the Committee

2007/04/23 9:24 a.m.