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MINUTES OF PROCEEDINGS
 
Meeting No. 58
 
Thursday, November 3, 2005
 

The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness met at 11:10 a.m. this day, in Room 209, West Block, the Chair, John Maloney, presiding.

 

Members of the Committee present: Joe Comartin, Hon. Roy Cullen, Marc Lemay, Hon. Paul Harold Macklin, John Maloney, Richard Marceau, Hon. Judy Sgro, Myron Thompson, Vic Toews, Mark Warawa and Borys Wrzesnewskyj.

 

Acting Members present: Hon. Larry Bagnell for Borys Wrzesnewskyj, Daryl Kramp for Garry Breitkreuz, Hon. Gurbax Malhi for Hon. Roy Cullen and Rob Moore for Mark Warawa.

 

In attendance: Library of Parliament: Philip Rosen, Principal; Laura Barnett, Analyst. House of Commons: Wayne Cole, Legislative Clerk; Louise Hayes, Committee Clerk.

 

Witnesses: Department of Justice: Hal Pruden, Counsel, Criminal Law Policy Section; Catherine Kane, Senior Counsel, Director, Policy Centre for Victim Issues. Royal Canadian Mounted Police: Evan Graham, National Coordinator, Drug Evaluation and Classification Program.

 

The witnesses answered questions.

 
Pursuant to the Order of Reference of Monday, November 15, 2004, the Committee resumed consideration of Bill C-16, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts.
 

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

 

The Chair called Clause 1.

 

Clause 1 carried.

 

New Clause 1.1,

 
Vic Toews moved, — That Bill C-16 be amended by adding after line 10 on page 1 the following new clause:

“1.1 The Act is amended by adding the following after section 253:

253.1 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, while knowingly and without lawful excuse having in his or her possession, or in any part of the vehicle, vessel, aircraft or railway equipment, a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act.

(2) Subsection (1) does not apply to a person who has in his or her possession, or in any part of a vehicle, vessel, aircraft or railway equipment referred to in that subsection, thirty grams or less of cannabis (marihuana).”

 

The Chair ruled the proposed amendment inadmissible because it was not relevant to the subject-matter of the bill.

 

Whereupon, Vic Toews appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned, by a show of hands: YEAS: 4; NAYS: 6.

 

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

 

Clause 1.1 carried by a show of hands: YEAS: 7; NAYS: 4.

 

On Clause 2,

Joe Comartin moved, — That Bill C-16, in Clause 2, be amended by replacing line 10 on page 2 with the following:

“alcohol in their body, the peace officer”

Debate arose thereon.

 

The question was put on the amendment of Joe Comartin and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

 
Paul Harold Macklin moved, — That Bill C-16, in Clause 2, be amended by

(a) replacing lines 12 and 13 on page 2 with the following:

(a) to perform forthwith physical coordination tests

(b) replacing lines 19 and 20 on page 2 with the following:

(b) in the case of alcohol, to provide forthwith a

(c) replacing, in the English version, lines 31 to 35 on page 2 with the following:

officer may, by demand made as soon as practicable, require the person

(a) to provide, as soon as practicable,

(d) replacing, in the English version, lines 21 to 23 on page 3 with the following:

as practicable, require the person to submit, as soon as practicable, to an evaluation conducted by an

(e) replacing, in the English version, lines 34 to 37 on page 3 with the following:

ing officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable, a sample of breath that, in the

(f) replacing, in the English version, lines 1 to 3 on page 4 with the following:

made as soon as practicable, require the person to provide, as soon as practicable,

 

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

 
Richard Marceau moved, — That Bill C-16, in Clause 2, be amended by adding after line 25 on page 2 the following:

“(2.1) For greater certainty, a peace officer may make a video recording of a performance of the physical coordination tests referred to in paragraph (2)(a).”

 

After debate, the question was put on the amendment of Richard Marceau and it was agreed to.

 

Clause 2, as amended, carried.

 

Clauses 3 and 4 carried severally.

 

On Clause 5,

Paul Harold Macklin moved, — That Bill C-16, in Clause 5, be amended by replacing, in the English version, line 35 on page 5 with the following:

as practicable, give a

 

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

 

Clause 5, as amended, carried.

 

Clause 6 carried.

 

On Clause 7,

 
On motion of Paul Harold Macklin, it was agreed, — That Bill C-16, in Clause 7, be amended by

(a) replacing, in the English version, lines 23 and 24 on page 6 with the following:

(ii) each sample was taken as soon as practicable and, in the

(b) replacing, in the English version, lines 4 and 5 on page 7 with the following:

graph (i) were taken as soon as practicable and in

 

Clause 7, as amended, carried.

 

On Clause 8,

 
On motion of Paul Harold Macklin, it was agreed, — That Bill C-16, in Clause 8, be amended by

(a) replacing line 13 on page 9 with the following:

offence under any of sections 220, 221, 236, 249 and 251 to 253 and subsections 255(2) and (3);

(b) replacing, in the English version, line 15 on page 9 with the following:

any of sections 220, 221, 236, 249 and 251 to 253 and subsections 255(2) and (3), under Part I of the Aeronautics

(c) replacing, in the English version, line 19 on page 9 with the following:

the use of alcohol or a drug; or

(d) adding after line 19 on page 9 the following:

(c) for the purpose of imposing under the law of a province a penalty in connection with the operation of a motor vehicle, or a legal restriction of a right or privilege to operate a motor vehicle, in a case in which alcohol or a drug is involved.

(e) replacing line 31 on page 9 with the following:

an offence under any of sections 220, 221, 236, 249 and 251 to 253 and subsections 255(2) and (3);

(f) replacing, in the English version, line 33 on page 9 with the following:

under any of sections 220, 221, 236, 249 and 251 to 253 and subsections 255(2) and (3), under Part I of the

(g) replacing, in the English version, line 37 on page 9 with the following:

use of alcohol or a drug; or

(h) adding after line 37 on page 9 the following:

(d) except for the purpose of imposing under the law of a province a penalty in connection with the operation of a motor vehicle, or a legal restriction of a right or privilege to operate a motor vehicle, in a case in which alcohol or a drug is involved.

 

Clause 8, as amended, carried.

 

Clauses 9 to 12 inclusive carried severally.

 

The Title carried.

 

The Bill, as amended, carried.

 

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

 

ORDERED, — That Bill C-16, as amended, be reprinted for the use of the House at report stage.

 

At 12:34 p.m., the sitting was suspended.

At 12:36 p.m., the sitting resumed in camera.

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

It was agreed, — That the Committee hear witnesses concerning Bill C-215 on November 17th, 22nd, and 24th and proceed to the clause by clause study on November 29th, 2005.

 

It was agreed, — That in relation to the study of Bill C-215, the Committee offer the option of videoconference to witnesses from the United States.

 

It was agreed, — That the Minister of Justice and the Minister of Public Safety and Emergency Preparedness be invited to appear in relation to the Supplementary Estimates A.

 

At 1:09 p.m., the Committee adjourned to the call of the Chair.

 



Diane Diotte
Clerk of the Committee

 
 
2005/11/14 11:55 a.m.