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HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION


JOURNALS

No. 68

Tuesday, September 17, 1996

10:00 a.m.



PRAYERS

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions: (1) No. 352-0082 concerning the imprisonment of Leonard Peltier in the United States. -- Sessional Paper No. 8545-352-86A; (2) Nos. 352-0276 and 352-0315 concerning the issuing of visas. -- Sessional Paper No. 8545-352-100; (3) No. 352-0570 concerning hormone use in livestock. -- Sessional Paper No. 8545-352-14E; (4) No. 352-0582 concerning Canadian Forces bases. -- Sessional Paper No. 8545-352-4A; (5) Nos. 352-0689, 352-0694 and 352-0695 concerning AIDS. -- Sessional Paper No. 8545-352-98; (6) No. 352-0699 concerning nuclear warships. -- Sessional Paper No. 8545-352-99.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Rock (Minister of Justice), seconded by Mr. Peters (Secretary of State (International Financial Institutions)), Bill C-55, An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

    His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled "An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General".

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Mrs. Brown (Calgary Southeast), one concerning sex offenders (No. 352- 0888);

-- by Mr. Abbott (Kootenay East), two concerning national parks (Nos. 352-0889 and 352-0890);

-- by Mr. Nunziata (York South -- Weston), one concerning the parole system (No. 352-0891), one concerning the Young Offenders Act (No. 352-0892) and one concerning impaired driving (No. 352-0893);

-- by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 352-0894) and one concerning alcoholic beverages (No. 352-0895);

-- by Mr. Harris (Prince George -- Bulkley Valley), one concerning the tax on gasoline (No. 352-0896) and one concerning the Official Opposition (No. 352-0897);

-- by Miss Grey (Beaver River), one concerning sexual orientation (No. 352- 0898) and one concerning veterans' affairs (No. 352-0899);

-- by Mr. White (Fraser Valley West), one concerning profits from crime (No. 352-0900) and one concerning sex offenders (No. 352-0901);

-- by Mrs. Gaffney (Nepean), two concerning impaired driving (Nos. 352-0902 and 352-0903);

-- by Mrs. Jennings (Mission -- Coquitlam), one concerning impaired driving (No. 352-0904).

Questions on Order Paper

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-57 on the Order Paper.

GOVERNMENT ORDERS

The House resumed consideration at report stage of Bill C-45, An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act, as reported by the Standing Committee on Justice and Legal Affairs without amendment;

And of the motions in Group No. 1 (Motions Nos. 1 to 6).

Group No. 1

Motion No. 1 of Mr. Langlois (Bellechasse), seconded by Mr. Bellehumeur (Berthier -- Montcalm), -- That Bill C-45, in Clause 1, be amended by replacing lines 28 to 43, on page 4, and lines 1 to 5, on page 5, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than three quarters of the members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced.''

Motion No. 2 of Mr. Milliken (Kingston and the Islands), seconded by Ms. Clancy (Halifax), -- That Bill C-45, in Clause 1, be amended by replacing lines 28 to 43, on page 4, and lines 1 to 5, on page 5, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than ten of twelve members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced.''

Motion No. 3 of Mr. Langlois (Bellechasse), seconded by Mr. Bellehumeur (Berthier -- Montcalm), -- That Bill C-45, in Clause 2, be amended by replacing lines 11 to 31, on page 9, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than three quarters of the members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced.''

Motion No. 4 of Mr. Milliken (Kingston and the Islands), seconded by Ms. Clancy (Halifax), -- That Bill C-45, in Clause 2, be amended by replacing lines 11 to 31, on page 9, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than ten of twelve members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced.''

Motion No. 5 of Mr. Langlois (Bellechasse), seconded by Mr. Bellehumeur (Berthier -- Montcalm), -- That Bill C-45, in Clause 2, be amended by replacing lines 28 to 43, on page 13, and lines 1 to 5, on page 14, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than three quarters of the members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than three quarters of the members of the jury that the number of years ought to be reduced.''

Motion No. 6 of Mr. Milliken (Kingston and the Islands), seconded by Ms. Clancy (Halifax), -- That Bill C-45, in Clause 2, be amended by replacing lines 28 to 43, on page 13, and lines 1 to 5, on page 14, with the following:

    ``(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than ten of twelve members of the jury.
    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
      (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
      (b) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced; or
      (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced.''

Debate continued on the motions in Group No. 1

The question was put on Motion No. 1 and, pursuant to Standing Order 45, the recorded division, which also applies to Motions Nos. 3 and 5 was deferred until Wednesday, September 18, 1996, at the expiry of the time provided for Government Orders.

The Order was read for the second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C-53, An Act to amend the Prisons and Reformatories Act.

Mr. Peters (Secretary of State (International Financial Institutions)) for Mr. Gray (Solicitor General of Canada), seconded by Mr. MacAulay (Secretary of State (Veterans) and Secretary of State (Atlantic Canada Opportunities Agency)), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.

Debate arose thereon.

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Gray (Solicitor General of Canada), seconded by Mr. MacAulay (Secretary of State (Veterans) and Secretary of State (Atlantic Canada Opportunities Agency)), -- That Bill C-53, An Act to amend the Prisons and Reformatories Act, be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.

The debate continued.

PRIVATE MEMBERS' BUSINESS

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the second reading and reference to a Legislative Committee of Bill S-7, An Act to dissolve the Nipissing and James Bay Railway Company.

Mr. Wood (Nipissing), seconded by Mr. Jordan (Leeds -- Grenville), moved, -- That the Bill be now read a second time and, by unanimous consent, referred to a Committee of the Whole.

Debate arose thereon.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the second time and referred to a Committee of the Whole.

The Committee considered the Bill and reported it without amendment.

Pursuant to Standing Order 76.1(12), Mr. Wood (Nipissing), seconded by Mr. Jordan (Leeds -- Grenville), moved, -- That Bill S-7, An Act to dissolve the Nipissing and James Bay Railway Company be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was concurred in at report stage.

Mr. Wood (Nipissing), seconded by Mr. Jordan (Leeds -- Grenville), moved, -- That the Bill be now read a third time and do pass.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the third time and passed.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

-- by Mr. Irwin (Minister of Indian Affairs and Northern Development) -- Statutes of the Yukon Territory for the year 1996, pursuant to the Yukon Act, R. S. 1985, c. Y-2, sbs. 22(1). -- Sessional Paper No. 8560-352-387A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs and Northern Development)

PROCEEDINGS ON ADJOURNMENT MOTION

At 5:39 p.m., by unamimous consent, the question "That this House do now adjourn" was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

ADJOURNMENT

At 6:03 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).