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Meeting No. 59
Tuesday, November 15, 2005

The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness met at 11:14 a.m. this day, in Room 209, West Block, the Chair, John Maloney, presiding.


Members of the Committee present: Garry Breitkreuz, 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.


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


Witnesses: Department of Justice: Shawn Scromeda, Counsel, Criminal Law Policy Section.


Shawn Scromeda answered questions.

Pursuant to the Order of Reference of Wednesday, September 28, 2005, the Committee resumed consideration of Bill C-53, An Act to Amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act.

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


The Chair calls Clause 1.


Clauses 1 to 5 inclusive carried severally.


On Clause 6,

Vic Toews moved, — That Bill C-53, in Clause 6, be amended by deleting lines 20 to 25 on page 6.


After debate, the question was put on the amendment of Vic Toews and it was negatived on division.


Clause 6 carried on division.


Clauses 7 to 10 inclusive carried severally.


On Clause 11,

Marc Lemay moved, — That Bill C-53, in Clause 11, be amended by replacing lines 19 to 22 on page 8 with the following:

“ordered to be forfeited under subsection 462.37(1) or (2.01) or 462.38(2), the Attorney General may,”


After debate, by unanimous consent, the amendment was withdrawn.


Clause 11 carried.


Clauses 12 to 16 inclusive carried on division severally.


The Title carried.


The Bill carried on division.


ORDERED, — That the Chair report Bill C-53 to the House.


At 11:47 a.m., the Committee proceeded to the consideration of matters related to Committee business.


Garry Breitkreuz moved, — Whereas the amendment to Firearms Act section 12(6.1) passed by Parliament in Bill C-10A [Royal Assent: May 13, 2003 Statutes of Canada: 2003, c. 8] has not been implemented due to an inadvertent delay bringing these amendments into force;

And Whereas, the clear intent of Parliament by amending the Firearms Act was to “grandfather” the law-abiding owners of the handguns referred to in section 12(6.1;

And Whereas, the Law and Government Division of the Parliamentary Information and Research Service have confirmed that section 12(6.1) can not be implemented without a further amendment to the Firearms Act;

And Whereas, the Minister of Public Safety has informed the Justice Committee that the government has no intention of bringing in a further amendment to the Firearms Act to implement the intent of Parliament to grandfather these law-abiding handgun owners;

THEREFORE BE IT RESOLVED, that the Justice Committee examine the issue and report to the House with their recommendations with respect to bringing section 12(6.1) of the Firearms Act into full force and effect.

Debate arose thereon.


After debate, the question was put on the motion and it was negatived on the following recorded division: YEAS: Garry Breitkreuz, Joe Comartin, Myron Thompson, Vic Toews, Mark Warawa — 5; NAYS: Roy Cullen, Marc Lemay, Paul Harold Macklin, Richard Marceau, Judy Sgro, Borys Wrzesnewskyj — 6.


It was agreed, — That a Steering Committee meeting take place at the end of the next Committee meeting.


At 12:16 p.m., the Committee adjourned to the call of the Chair.


Diane Diotte
Clerk of the Committee

2005/11/15 3:31 p.m.