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MINUTES OF PROCEEDINGS
 
Meeting No. 72
 
Wednesday, October 22, 2003
 

The Standing Committee on Justice and Human Rights met at 3:36 p.m. this day, in Room 705 La Promenade Building, the Chair, Andy Scott, presiding.

 

Members of the Committee present: Garry Breitkreuz, Sarmite Bulte, Chuck Cadman, Hedy Fry, Marlene Jennings, Christian Jobin, Paul Harold Macklin, John Maloney, Richard Marceau, Inky Mark, John McKay, Lorne Nystrom, Andy Scott, Kevin Sorenson and Vic Toews.

 

Acting Members present: Rodger Cuzner for Pat O'Brien.

 

In attendance: Library of Parliament: Philip Rosen, Principal; Robin MacKay, Analyst. House of Commons: Joann Garbig, Legislative Clerk.

 

Witnesses: Department of Justice: Richard G. Mosley, Assistant Deputy Minister, Criminal Law Policy Section; Donald Piragoff, Senior General Counsel, Criminal Law Policy Section; Greg Yost, Counsel, Criminal Law Policy Section; Joanne Klineberg, Counsel, Criminal Law Policy Section; William C. Bartlett, Senior Counsel, Criminal Law Policy Section; Lucie Angers, Senior Counsel, Criminal Law Policy Section.

 
Pursuant to the Order of Reference of Friday, September 19, 2003, the Committee commenced consideration of Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations).
 

Mr. Piragoff made a statement and, with the other witnesses, answered questions.

 

At 4:04 p.m., the sitting was suspended.

At 4:44 p.m., the sitting resumed.

 

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

 

Paul Harold Macklin moved, — That Bill C-45, in Clause 1, be amended by adding after line 20 on page 1 the following:

« "representative", in respect of an organization, means a director, partner, employee, member, agent or contractor of the organization;

"senior officer" means a representative who plays an important role in the establishment of an organization's policies or is responsible for managing an important aspect of the organization's activities and, in the case of a body corporate, includes a director, its chief executive officer and its chief financial officer;  »

After debate, the question was put on the amendment of Paul Harold Macklin and it was agreed to.

 

Clause 1, as amended, carried.

 

Paul Harold Macklin moved, — That Bill C-45, in Clause 2, be amended(a) by replacing lines 1 to 15 on page 2 with the following:

« 22.1 In respect of an offence that requires »

(b) replacing line 36 on page 2 with the following:

22.2 In respect of an offence that requires

After debate, the question was put on the amendment of Paul Harold Macklin and it was agreed to.

 

Clause 2, as amended, carried.

 

Clause 3 carried.

 

Paul Harold Macklin moved, — That Bill C-45, in Clause 4, be amended by replacing line 20 on page 3 with the following:

“(e) by the representatives of ”

After debate, the question was put on the amendment of Paul Harold Macklin and it was agreed to.

 

Clause 4, as amended, carried.

 

Clause 5 carried.

 

Clause 6 carried.

 

Paul Harold Macklin moved, — That Bill C-45 be amended by adding after line 3 on page 4 the following:

“6.1 The portion of subsection 418(2) of the Act before paragraph (a) is replaced by the following

(2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),”

After debate, the question was put on the amendment of Paul Harold Macklin and it was agreed to.

 

Clause 6.1, as amended, carried.

 

Clause 7 carried.

 

Clause 8 carried.

 

Clause 9 carried.

 

Clause 10 carried.

 

Clause 11 carried.

 

Clause 12 carried.

 

Paul Harold Macklin moved, — That Bill C-45, in Clause 13, be amended by replacing line 17 on page 6 with the following:

“the manager, secretary or other senior”

After debate, the question was put on the amendment of Paul Harold Macklin and it was agreed to.

 

Clause 13, as amended, carried.

 

Clause 14 was negatived.

 

Clauses 15 to 24 inclusive carried severally.

 

The Title carried.

 

The Bill, as amended, carried.

 

ORDERED, — That Bill C-45, as amended, be reprinted for the use of the House at report stage.

 

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

 
Pursuant to the Order of Reference of Wednesday, October 8, 2003, the Committee commenced consideration of Bill C-46, An Act to amend the Criminal Code (capital markets fraud and evidence-gathering).
 

Mr. Bartlett made a statement and, with the other witnesses, answered questions.

 

At 5:31 p.m., the Committee adjourned to the call of the Chair.

 



Jean-Philippe Brochu, Diane Diotte
Clerks of the Committee

 
 
2003/10/31 2:41 p.m.