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MINUTES OF PROCEEDINGS
 
Meeting No. 38
 
Tuesday, May 10, 2005
 

The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness met at 9:09 a.m. this day, in Room 371 West Block, the Chair, Paul DeVillers, presiding.

 

Members of the Committee present: Garry Breitkreuz, Joe Comartin, Hon. Roy Cullen, Hon. Paul DeVillers, Hon. Paul Harold Macklin, John Maloney, Richard Marceau, Serge Ménard, Anita Neville, Myron Thompson, Vic Toews and Mark Warawa.

 

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

 

Witnesses: Department of Justice: Michael Zigayer, Senior Counsel, Criminal Law Policy Section; Stanley Cohen, Senior General Counsel, Human Rights Law Section. Department of National Defence: Dominic McAlea, Deputy Judge Advocate, Military Justice and Administrative Law; André Dufour, Director, Legislative and Regulatory Services.

 
Pursuant to the Order of Reference of Tuesday, November 2, 2004, the Committee resumed consideration of Bill C-13, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act.
 

At 9:10 a.m., the sitting was suspended.

At 9:25 a.m., the sitting resumed.

 

The witnesses answered questions.

 

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

 

By unanimous consent, Clause 1 previously carried was reconsidered.

 
By unanimous consent, the Committee reconsidered the amendment of Richard Marceau previously adopted which read as follows: That Bill C-13, in Clause 1, be amended by adding after line 9 on page 2 the following:

(3.1) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (viii):

(viii.1) section 239 (attempt to commit murder),”

 

After debate, by unanimous consent, the amendment was withdrawn.

 

On Clause 1,

Paul Harold Macklin moved, — That Bill C-13, in Clause 1, be amended by

(a) replacing lines 4 to 8 on page 2 with the following:

(v.2) subsection 212(4) (offence — pros-

(b) replacing lines 10 to 30 on page 2 with the following:

(4) Subparagraphs (a)(vii) to (xx) of the definition “primary designated offence” in section 487.04 of the Act are replaced by the following:

(vii) section 271 (sexual assault),

(viii) section 279.1 (hostage taking),

(ix) paragraph 348(1)(d) (breaking and entering a dwelling-house),

(x) section 423.1 (intimidation of a justice system participant or journalist),

(xi) section 431 (attack on premises, residence or transport of internationally protected person),

(xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and

(xiii) subsection 431.2(2) (explosive or other lethal device),

(5) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after paragraph (a):

(a.1) an offence under any of the following provisions, namely,

(i) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

(ii) section 235 (murder)

(iii) section 236 (manslaughter),

(iv) section 239 (attempt to commit murder),

(v) section 244 (causing bodily harm with intent — firearm),

(vi) section 244.1 (causing bodily harm with intent — air gun or pistol),

(vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm),

(viii) section 246 (overcoming resistance to commission of offence),

(ix) section 267 (assault with a weapon or causing bodily harm),

(x) section 268 (aggravated assault),

(xi) section 269 (unlawfully causing bodily harm),

(xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xiii) section 273 (aggravated sexual assault),

(xiv) section 279 (kidnapping),

(xv) section 344 (robbery), and

(xvi) section 346 (extortion),

 

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

 

Clause 1, as amended, carried.

 

The Committee reverted to Clause 3 previously stood.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Vic Toews previously stood which read as follows: That Bill C-13, in Clause 3, be amended by replacing lines 7 to 21 on page 5 with the following:

“ (a) shall, in the case of a primary designated offence, make an order in Form 5.03 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1); or

(b) shall, subject to subsection (2), in the case of a secondary designated offence, make an order in Form 5.04 authorizing the taking of such samples.”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Vic Toews previously stood which read as follows: That Bill C-13, in Clause 3, be amended by adding after line 21 on page 5 the following:

(1.1) Subsection 487.051(2) of the Act is replaced by the following:

(2) The court is not required to make an order under paragraph (1)(b) if it is satisfied that the person or young person has established that, were the order made, the impact on the person's or young person's privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Vic Toews previously stood which read as follows: That Bill C-13, in Clause 3, be amended by replacing lines 24 to 34 on page 5 with the following:

“ (3) The court may make an order in Form”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Paul Harold Macklin previously stood which read as follows: That Bill C-13, in Clause 3, be amended by

(a) replacing line 36 on page 4 with the following:

3. Subsections 487.051(1) to (3) of the Act are

(b) replacing line 8 on page 5 with the following:

case of a primary designated offence other than a primary designated offence described in paragraph (b), make

(c) replacing line 16 on page 5 with the following:

(b) may, in the case of a primary designated offence in respect of which a verdict of not criminally responsible on account of mental disorder has been rendered or in the case of a secondary desig-

(d) replacing lines 22 and 23 on page 5 with the following:

(2) The court is not required to make an order under paragraph (1)(a) if it is satisfied that the person or young person has established that, were the order made, the impact on the person's or young person's privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

 

After debate, by unanimous consent, the amendment was withdrawn.

 

On Clause 3,

Paul Harold Macklin moved, — That Bill C-13, in Clause 3, be amended by

(a) replacing line 36 on page 4 with the following:

3. Subsections 487.051(1) to (3) of the Act are

(b) replacing line 8 on page 5 with the following:

case of a primary designated offence other than one described in paragraph (b), make

(c) replacing line 16 on page 5 with the following:

(b) may, in the case of a primary designated offence in respect of which a verdict of not criminally responsible on account of mental disorder has been rendered or in the case of a secondary desig-

(d) replacing lines 22 and 23 on page 5 with the following:

(2) The court is not required to make an order under paragraph (1)(a) in the case of an offence referred to in paragraph (a) or any of paragraphs (b) to (d) of the definition “primary designated offence” in section 487.04 if it is satisfied that the person or young person has established that, were the order made, the impact on the person's or young person's privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

 

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

 

Clause 3, as amended, carried.

 

By unanimous consent, the Committee reverted to Clause 12 previously stood.

 

On Clause 12,

Paul Harold Macklin moved, — That Bill C-13, in Clause 12, be amended by

(a) replacing lines 36 and 37 on page 11 with the following:

(offence), an

(b) replacing line 22 on page 13 to line 3 on page 14 with the following:

Whereas (name of offender), in this order called the “offender”, has

(a) been found not criminally responsible on account of mental disorder for an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code, or

(b) been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of (offence), or found not criminally responsible on account of mental disorder for that offence, an offence that is

(i) a secondary designated offence within the meaning of section 487.04 of the Criminal Code, or

(ii) a designated offence within the meaning of section 487.04 of the Criminal Code committed before June 30, 2000;

 

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

 
Paul Harold Macklin moved, — That Bill C-13, in Clause 12, be amended by

(a) replacing lines 4 to 6 on page 13 with the following:

You are warned that failure to appear in accordance with this order may result in a warrant being issued for your arrest under subsection 487.0561(1) of the Criminal Code. You are also warned that failure to appear, without lawful excuse, is an offence under subsection 127(1) of that Act.

(b) adding after line 13 on page 13 the following:

Subsection 127(1) of the Criminal Code states as follows:

127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

 

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

 

Clause 12, as amended, carried.

 

By unanimous consent, Clause 23 previously carried was reconsidered.

 
By unanimous consent, the Committee reconsidered the amendment of Paul Harold Macklin previously adopted which read as follows: That Bill C-13, in Clause 23, be amended by

(a) replacing line 8 on page 25 with the following:

23. (1) The definition “primary designated

(b) adding after line 23 on page 25 the following:

(2) Paragraph (a) of the definition “secondary designated offence” in section 196.11 of the Act is replaced by the following:

(a) a secondary designated offence within the meaning of paragraphs (a) to (d) of the definition "secondary designated offence" in section 487.04 of the Criminal Code that is punishable under section 130;

 

After debate, by unanimous consent, the amendment was withdrawn.

 
Paul Harold Macklin moved, — That Bill C-13, in Clause 23, be amended by replacing lines 8 to 23 on page 25 with the following:

23. (1) The definition “primary designated offence” in section 196.11 of the National Defence Act is replaced by the following:

“primary designated offence”

means

(a) an offence within the meaning of paragraph (a) or any of paragraphs (b) to (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

(a.1) an offence within the meaning of paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

(b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

(2) Paragraph (a) of the definition “secondary designated offence” in section 196.11 of the Act is replaced by the following:

(a) an offence within the meaning of any of paragraphs (a) to (d) of the definition “secondary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

 

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

 

Clause 23, as amended, carried.

 

By unanimous consent, the Committee reverted to Clause 24 previously stood.

 

On Clause 24,

Paul Harold Macklin moved, — That Bill C-13, in Clause 24, be amended by replacing lines 24 to 40 on page 25 with the following:

24. Subsections 196.14(1) to (3) of the Act are replaced by the following:

196.14 (1) If a person is found guilty of, or not responsible on account of mental disorder for, a designated offence, the court martial

(a) shall, subject to subsection (2), in the case of a primary designated offence other than one described in paragraph (b), make an order in the prescribed form authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose; or

(b) may, in the case of a primary designated offence in respect of which a finding of not responsible on account of mental disorder has been rendered or in the case of a secondary designated offence, on application by the prosecutor, make an order in the prescribed form authorizing the taking of such samples if the court martial is satisfied that it is in the best interests of the administration of justice to do so.

(2) The court martial is not required to make an order under paragraph (1)(a) in the case of an offence referred to in paragraph (a) or (b) of the definition “primary designated offence” in section 196.11 if it is satisfied that the person has established that, were the order made, the impact on the privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

 

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

 

Clause 24, as amended, carried.

 

By unanimous consent, the Committee reverted to Clause 31 previously stood.

 

On Clause 31,

Paul Harold Macklin moved, — That Bill C-13, in Clause 31, be amended by replacing line 17 on page 30 with the following:

31. The provisions of this Act, other than sections 5, 16, 17 and 30.1, come into

 

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

 

Clause 31, 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-13, as amended, be reprinted for the use of the House at report stage.

 

At 9:58 a.m., the sitting was suspended.

At 9:59 a.m., the sitting resumed.

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

Garry Breitkreuz moved, — That the committee write to the Auditor General of Canada asking her office to investigate the conflicting testimony and evidence presented to the committee on the effectiveness and efficiency of the RCMP Forensic Laboratory Services and on the status of DNA cases and service requests.

 

After debate, the question was put on the motion and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

 

At 10:12 p.m., the Committee adjourned to the call of the Chair.

 



Diane Diotte
Clerk of the Committee

 
 
2005/05/13 10:00 a.m.