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Tuesday, November 29, 2011 (No. 56)

Report Stage of Bills

Bill C-10

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

Notices of Motions

Motion No. 1 — November 25, 2011 — — That Bill C-10 be amended by deleting clause 1.

Motion No. 2 — November 24, 2011 — — That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following:

““terrorism” includes torture.

“torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”

Motion No. 3 — November 25, 2011 — — That Bill C-10, in Clause 2, be amended by replacing line 26 on page 3 with the following:

“(a) a foreign state, listed entity or other person that”

Motion No. 4 — November 28, 2011 — — That Bill C-10, in Clause 2, be amended

(a) by replacing line 26 on page 3 with the following:

“(a) any listed entity, or foreign state whose immunity is lifted under section 6.1 of the State Immunity Act, or other person that”

(b) by replacing line 29 on page 3 with the following:

“(b) a foreign state whose immunity is lifted under section 6.1 of the State Immunity Act, or listed entity or other”

Motion No. 5 — November 28, 2011 — — That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following:

“(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that

(a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and

(b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”

Motion No. 6 — November 28, 2011 — — That Bill C-10 be amended by adding after line 9 on page 5 the following new clause:

“3.1 Section 2 of the Act is amended by adding the following in alphabetical order:

“terrorist activity” in respect of a foreign state has the same meaning as in subsection 83.01(1) of the Criminal Code, provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985.”

Motion No. 7 — November 25, 2011 — — That Bill C-10, in Clause 5, be amended by replacing lines 24 to 26 on page 5 with the following:

“from the jurisdiction of a court in any proceedings that relate to the support of terrorism engaged in by the foreign state on or after January 1, 1985.

(1.1) A foreign state that, on or after January 1, 1985, engaged or engages in the support of terrorism is not immune from the jurisdiction of a court in any proceedings that relate to terrorist activity as defined in subsection 83.01(1) of the Criminal Code engaged in by the foreign state on or after January 1, 1985.

(1.2) Subsections (1) and (1.1) do not apply in respect of a foreign state that is

(a) designated as an extradition partner in the schedule to the Extradition Act; or

(b) bound by a bilateral extradition treaty with Canada.”

Motion No. 8 — November 24, 2011 — — That Bill C-10, in Clause 5, be amended by replacing line 27 on page 5 to line 8 on page 7 with the following:

“(2) The list of foreign states shall comprise all those states that are members of the United Nations.”

Motion No. 9 — November 28, 2011 — — That Bill C-10, in Clause 5, be amended by adding after line 8 on page 7 the following:

“(11) If a court of competent jurisdiction has determined that a foreign state that is set out on the list referred to in subsection (2) has supported terrorism, that foreign state is not immune from the jurisdiction of a court in any proceedings against it that relate to terrorist activity by the state, as defined in subsection 83.01(1) of the Criminal Code, on or after January 1, 1985.”

Motion No. 10 — November 28, 2011 — — That Bill C-10, in Clause 5, be amended by adding after line 8 on page 7 the following:

“(11) Where a court of competent jurisdiction has determined that a foreign state, set out on the list in subsection (2), has supported terrorism, that foreign state is also not immune from the jurisdiction of a court in proceedings against it that relate to terrorist activity by the state.”

Motion No. 11 — November 25, 2011 — — That Bill C-10, in Clause 6, be amended by replacing lines 12 to 15 on page 7 with the following:

“agency of a foreign state or in respect of proceedings that relate to terrorist activity or the support of terrorism engaged in by a foreign state.”

Motion No. 12 — November 28, 2011 — — That Bill C-10, in Clause 6, be amended by replacing line 15 on page 7 with the following:

“that foreign state for its support of terrorism or its terrorist activity.”

Motion No. 13 — November 25, 2011 — — That Bill C-10, in Clause 7, be amended by replacing lines 19 to 22 on page 7 with the following:

“used for a commercial activity, terrorist activity or the support of terrorism;”

Motion No. 14 — November 28, 2011 — — That Bill C-10, in Clause 7, be amended

(a) by replacing line 22 on page 7 with the following:

“used by it to support terrorism or engage in terrorist activity”

(b) by replacing line 31 on page 7 with the following:

“support of terrorism or its terrorist activity and to property other”

Motion No. 15 — November 25, 2011 — — That Bill C-10, in Clause 7, be amended by replacing lines 30 to 33 on page 7 with the following:

“rendered in any proceedings that relate to terrorist activity or the support of terrorism.”

Motion No. 16 — November 25, 2011 — — That Bill C-10, in Clause 8, be amended by replacing line 39 on page 7 to line 9 on page 8 with the following:

“section 6.1, the Minister of Finance and the Minister of Foreign Affairs shall, within the scope of their powers and to the extent that is reasonably practicable, assist any judgment creditor or the court that has rendered the judgment in identifying and locating the property of that foreign state or any agency or instrumentality of the foreign state.

(1.1) In this section, “instrumentality”, in respect of a foreign state, means a legal entity

(a) that is separate from the foreign state; and

(b) in which the foreign state has a direct or indirect controlling or majority ownership interest.”

Motion No. 17 — November 28, 2011 — — That Bill C-10, in Clause 8, be amended by replacing line 43 on page 7 to line 9 on page 8 with the following:

“creditor in identifying and locating property — namely, financial assets that are held within Canadian jurisdiction or property situated in Canada — of the foreign state or any agency or instrumentality thereof, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests.

(1.1) In this section, “instrumentality”, in respect of a foreign state, means a legal entity

(a) that is separate from the foreign state; and

(b) in which the foreign state has a direct or indirect controlling or majority ownership or beneficial interest.”

Motion No. 18 — November 25, 2011 — — That Bill C-10, in Clause 9, be amended by replacing lines 29 to 32 on page 8 with the following:

“agency of a foreign state or in respect of proceedings that relate to terrorist activity or the support of terrorism engaged in by a foreign state.”

Motion No. 19 — November 25, 2011 — — That Bill C-10, in Clause 9, be amended by replacing line 32 on page 8 with the following:

“that foreign state for its support of terrorism or its terrorist activity.”

Motion No. 20 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 11.

Motion No. 21 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 12.

Motion No. 22 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 13.

Motion No. 23 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 14.

Motion No. 24 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 15.

Motion No. 25 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 17.

Motion No. 26 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 19.

Motion No. 27 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 20.

Motion No. 28 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 21.

Motion No. 29 — November 24, 2011 — — That Bill C-10, in Clause 22, be amended by deleting lines 16 to 28 on page 14.

Motion No. 30 — November 24, 2011 — — That Bill C-10, in Clause 23, be amended by deleting lines 14 to 24 on page 15.

Motion No. 31 — November 24, 2011 — — That Bill C-10, in Clause 23, be amended by deleting lines 17 to 29 on page 16.

Motion No. 32 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 25.

Motion No. 33 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 26.

Motion No. 34 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 27.

Motion No. 35 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 34.

Motion No. 36 — November 24, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 21 on page 19 with the following:

“742.3, if it is determined that the offender belongs to a specific population or group whose socio-economic or cultural marginalization has resulted in an overrepresentation within the Canadian prison population, including Aboriginal peoples and those with mental health disabilities, or if”

Motion No. 37 — November 24, 2011 — — That Bill C-10, in Clause 34, be amended by deleting lines 28 and 29 on page 19.

Motion No. 38 — November 24, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 1 on page 20 with the following:

“(ii) involved, for financial gain, the import, export, trafficking”

Motion No. 39 — November 25, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 3 on page 20 with the following:

“(iii) involved the use of a potentially deadly weapon with intent to do bodily harm in connection with the offence; and”

Motion No. 40 — November 28, 2011 — — That Bill C-10, in Clause 34, be amended by adding after line 23 on page 20 the following:

“(2) For the purposes of subsection (1), “exceptional circumstances” includes where an offender suffers from any significant mental or physical illness or impairment, the proof of which rests on the offender on a balance of probabilities.”

Motion No. 41 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 39.

Motion No. 42 — November 28, 2011 — — That Bill C-10, in Clause 39, be amended by replacing lines 33 to 36 on page 22 with the following:

“or near a school or on or near school grounds, or committed the offence in or near any other public place usually frequented by persons under the age of 18 years if, at the time the offence was committed, persons under the age of 18 years were present or in the immediate vicinity,”

Motion No. 43 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 40.

Motion No. 44 — November 28, 2011 — — That Bill C-10, in Clause 40, be amended by replacing line 38 on page 23 with the following:

“purposes of trafficking for financial gain,”

Motion No. 45 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 41.

Motion No. 46 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by replacing line 36 on page 24 to line 17 on page 25 with the following:

“term of not more than 14 years;”

Motion No. 47 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by deleting line 38 on page 24 to line 3 on page 25.

Motion No. 48 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by deleting lines 38 to 41 on page 24.

Motion No. 49 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by replacing line 1 on page 25 with the following:

“production is for the purpose of trafficking for financial gain”

Motion No. 50 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by deleting lines 22 and 23 on page 25.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 25, 2011

Motion No. 51 — November 24, 2011 — — That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following:

“(a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and

(b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”

Motion No. 52 — November 25, 2011 — — That Bill C-10, in Clause 43, be amended by adding after line 2 on page 27 the following:

“(c) to receive mental health treatment in a program approved by the Attorney General.”

Motion No. 53 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 54.

Motion No. 54 — November 25, 2011 — — That Bill C-10, in Clause 54, be amended by adding after line 11 on page 32 the following:

“(a.1) the protection of society is the paramount consideration in the corrections process;”

Motion No. 55 — November 25, 2011 — — That Bill C-10, in Clause 54, be amended by replacing line 19 on page 32 with the following:

“(c) the Service uses the least restrictive measures that are con-”

Motion No. 56 — November 25, 2011 — — That Bill C-10, in Clause 54, be amended by replacing lines 24 to 27 on page 32 with the following:

“(d) offenders retain the rights and privileges of all members of society, except those rights and privileges that are necessarily removed or restricted as a consequence of the sentence;”

Motion No. 57 — November 25, 2011 — — That Bill C-10, in Clause 58, be amended by replacing line 14 on page 35 with the following:

“them with the least restrictive environment that contains only the”

Motion No. 58 — November 28, 2011 — — That Bill C-10, in Clause 60, be amended by replacing lines 38 to 43 on page 35 with the following:

“(3) The Minister shall appoint an independent adjudicator who shall determine whether an inmate is to be confined in administrative segregation by ensuring that there is no reasonable alternative to administrative segregation and that there are reasonable grounds to believe that”

Motion No. 59 — November 25, 2011 — — That Bill C-10, in Clause 71, be amended by deleting lines 26 to 29 on page 40.

Motion No. 60 — November 25, 2011 — — That Bill C-10, in Clause 71, be amended by adding after line 5 on page 41 the following:

“(a.1) the protection of society is the paramount consideration in the determination of any case;”

Motion No. 61 — November 25, 2011 — — That Bill C-10, in Clause 71, be amended by replacing line 13 on page 41 with the following:

“(c) parole boards make the least restrictive determination that are”

Motion No. 62 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 108.

Motion No. 63 — November 25, 2011 — — That Bill C-10, in Clause 115, be amended by deleting lines 23 to 25 on page 66.

Motion No. 64 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 136.

Motion No. 65 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing line 14 on page 74 with the following:

“shall consider the following factors:”

Motion No. 66 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing lines 15 to 17 on page 74 with the following:

“(a) whether, based on evidence and expert opinion pertaining to the offender, the Minister determines that the offender's return to Canada would constitute a threat to the security of Canada;”

Motion No. 67 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing lines 18 and 19 on page 74 with the following:

“(b) whether, based on evidence and expert opinion, the Minister determines that the offender's return to Canada to serve their sentence would endanger”

Motion No. 68 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by deleting lines 8 to 10 on page 75.

Motion No. 69 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing line 21 on page 75 with the following:

“enforcement agency, except if the relevant local law enforcement agencies are known or suspected to be complicit in torture or any other form of human rights violation; or”

Motion No. 70 — November 24, 2011 — — That Bill C-10, in Clause 167, be amended by replacing line 24 on page 87 with the following:

“(b) an attempt to commit an”

Motion No. 71 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 168.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 28, 2011

Motion No. 72 — November 28, 2011 — — That Bill C-10, in Clause 168, be amended by deleting line 30 on page 87 to line 5 on page 88.

Motion No. 73 — November 24, 2011 — — That Bill C-10, in Clause 168, be amended by replacing line 33 on page 87 with the following:

“intended to promote the long-term protection of the public by”

Motion No. 74 — November 25, 2011 — — That Bill C-10, in Clause 168, be amended

(a) by replacing line 33 on page 87 with the following:

“intended to”

(b) by replacing, in the English version, line 34 on page 87 with the following:

“(i) hold young persons accountable”

“(ii) promote the rehabilitation and re-”

(d) by replacing, in the English version, line 1 on page 88 with the following:

“(iii) support the prevention of crime by”

Motion No. 75 — November 28, 2011 — — That Bill C-10, in Clause 168, be amended

(a) by replacing line 33 on page 87 with the following:

“intended to promote the long-term protection of the public by”

(b) by replacing, in the French version, line 35 on page 87 to line 1 on page 88 with the following:

“(i) obligeant les adolescents à répondre de leurs actes au moyen de mesures proportionnées à la gravité de l’infraction et au degré de responsabilité,

(ii) favorisant la réadaptation et la réinsertion sociale des adolescents ayant commis des infractions,

(iii) contribuant à la prévention du crime”

Motion No. 76 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 172.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 25, 2011

Motion No. 77 — November 24, 2011 — — That Bill C-10, in Clause 176, be amended by deleting line 22 on page 91 to line 12 on page 92.

Motion No. 78 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 183.

Motion No. 79 — November 25, 2011 — — That Bill C-10, in Clause 183, be amended by replacing line 16 on page 93 with the following:

“satisfied beyond a reasonable doubt that”

Motion No. 80 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 185.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 25, 2011

— November 28, 2011

Motion No. 81 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 190.

Motion No. 82 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 206.

Motion No. 83 — November 24, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 16 on page 101 with the following:

“the instructions, based on certain evidence and criteria, given by the Minister justify”

Motion No. 84 — November 24, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 23 on page 101 with the following:

“nationals who, on the basis of reasonable grounds, are believed to be at risk of being subjected to”

Motion No. 85 — November 25, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 26 on page 101 with the following:

“(1.5) The instructions, as well as the criteria referred to in subsection (1.2), shall be published in”

Motion No. 86 — November 25, 2011 — — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:

“PART 6

GENERAL PROVISION

Sunset Provision

209. The following provisions of the Criminal Code and Controlled Drugs and Substances Act, as amended by this Act, are to cease to have effect at the end of the fifteenth sitting day of Parliament after December 31, 2017 unless, before the end of that day, the application of those provisions is extended by a resolution passed by both Houses of Parliament that any such provisions continue to be in force:

(a) paragraphs 151(a) and (b), 152(a) and (b) and 153(1.1)(a) and (b), subsections 155(2) and 160(3), paragraphs 163.1(2)(b), 163.1(3)(b), 163.1(4)(a) and (b), 163.1(4.1)(a) and (b), 170(a) and (b) and 171(b), subsections 171.1(2), 172.1(2) and 173(2), section 271 and paragraphs 272(2)(a.2), 273(2)(a.2) and 742.1(b) of the Criminal Code; and

(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act.”

Motion No. 87 — November 28, 2011 — — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:

“PART 6

GENERAL PROVISION

Review

209. (1) Within one year after any of the provisions listed in subsection (2) come into force and every year thereafter for a period of five years, the appropriate standing committee of the House of Commons must review the impact of this Act on various population groups, as described in subsection (5), undertake a cost-benefit analysis of mandatory minimum sentences and their impact on the population groups, and prepare a report based on the annual review, which must be laid before the House of Commons on any of the first 15 days that the House is sitting after the report is completed.

(2) For the purposes of subsection (1), the provisions are the following:

(a) paragraph 742.1(b) of the Criminal Code; and

(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act.

(3) Within five years after any of the provisions listed in subsection (2) come into force, a comprehensive review of the impact of the provisions and operation of this Act must be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons.

(4) Within one year after completing the comprehensive review referred to in subsection (3), the committee that undertook the review must submit a report on the comprehensive review to Parliament, including any recommendations in respect of the provisions and operation of this Act and the costs, benefits and impacts of mandatory minimum sentences.

(5) The review, referred to in subsection (1), of the impact of this Act on aboriginal peoples, women, youth, members of visible and ethnic minorities, and individuals with mental health disabilities must contain the most current information available, including that which is received from the provinces and territories, on the following matters in respect of each population group:

(a) the impact of this Act on existing penitentiaries, correctional institutions, community-based correctional facilities and correctional services, including their immediate and long-term capacity to function and to properly serve the population group;

(b) the estimated number of criminal cases this Act impacts annually within the population group; and

Motion No. 88 — November 25, 2011 — — That Bill C-10, in the schedule, be amended by replacing the reference to “(sexual exploitation of a person with a disability)” in subparagraph (a)(i) of item 1 on page 103 with the following:

“(sexual exploitation of person with disability)”