JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 59

Wednesday, February 13, 2013

The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 306, La Promenade Building, the Chair, Mike Wallace, presiding.

Members of the Committee present: Dan Albas, Scott Armstrong, Françoise Boivin, Kerry-Lynne D. Findlay, Robert Goguen, Pierre Jacob, Hoang Mai, Wayne Marston, Brent Rathgeber, Kyle Seeback and Mike Wallace.

Acting Members present: Sean Casey for Hon. Irwin Cotler, Raymond Côté for Françoise Boivin and David Wilks for Robert Goguen.

In attendance: House of Commons: Philippe Méla, Legislative Clerk ; David-Andrés Novoa, Legislative Clerk . Library of Parliament: Cynthia Kirkby, Analyst ; Dominique Valiquet, Analyst.

Witnesses: Department of Foreign Affairs and International Trade: Shawn Barber, Acting Director General, Global Partnership Program; Terry Wood, Senior Co-ordinator, International Nuclear Cooperation; Graeme Hamilton, Senior Program Manager / Deputy Director, Global Partnership Program. Belfer Center for Science and International Affairs, Harvard University: Matthew Bunn, Associate Professor of Public Policy. Department of Justice: Greg Koster, Counsel, Criminal Law Policy Section; Carole Morency, Acting Director General and Senior General Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Friday, November 30, 2012, the Committee resumed consideration of Bill S-9, An Act to amend the Criminal Code.

Shawn Barber and Matthew Bunn made statements and, with Terry Wood and Graeme Hamilton, answered questions.

At 4:32 p.m., the sitting was suspended.

At 4:35 p.m., the sitting resumed.

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

Greg Koster and Carole Morency answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Sean Casey moved, — That Bill S-9, in Clause 5, be amended by replacing lines 9 to 13 on page 4 with the following:

“imports, alters or disposes of nuclear material or radioactive material or a device, is guilty of an indictable offence”

After debate, the question was put on the amendment of Sean Casey and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill S-9, in Clause 5, be amended by adding after line 14 on page 4 the following:

“82.31 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.”

Sean Casey moved, — That Bill S-9, in Clause 5, be amended by adding after line 45 on page 4 the following:

“82.71 No claim with respect to the exemption in section 82.7 applies to any entity placed on a list established by the Governor in Council under section 83.05.”

After debate, the question was put on the amendment of Sean Casey and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

Clause 1, Short Title, carried.

The Title carried.

The Bill carried.

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

The Committee proceeded to the consideration of matters related to Committee business.

The Committee resumed consideration of the motion of Françoise Boivin, — That the Committee conduct a thorough study of the practice under s.4.1(1) of the Department of Justice Act since its enactment, which states:

“4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall report any such inconsistency to the House of Commons at the first convenient opportunity”; and

That the Committee report its findings and recommendations to the House of Commons.

The debate continued.

The question was put on the motion and it was negatived on the following recorded division:YEAS: Françoise Boivin, Sean Casey, Pierre Jacob, Hoang Mai, Wayne Marston — 5; NAYS: Dan Albas, Scott Armstrong, Kerry-Lynne D. Findlay, Robert Goguen, Brent Rathgeber, Kyle Seeback — 6.

At 5:23 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2013/02/25 3:23 p.m.