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MINUTES OF PROCEEDINGS
 
Meeting No. 73
 
Thursday, May 31, 2007
 

The Standing Committee on Justice and Human Rights met in camera at 9:05 a.m. this day, in Room 209, West Block, the Vice-Chair, Derek Lee, presiding.

 

Members of the Committee present: Joe Comartin, Rick Dykstra, Carole Freeman, Hon. Marlene Jennings, Derek Lee, Réal Ménard, Rob Moore, Daniel Petit and Myron Thompson.

 

Acting Members present: Ken Boshcoff for Hon. Larry Bagnell and Hon. Dominic LeBlanc for Brian Murphy.

 

In attendance: Library of Parliament: Robin MacKay, Analyst; Dominique Valiquet, Analyst. House of Commons: Mike MacPherson, Legislative Clerk.

 

Witnesses: Department of Justice: Anouk Desaulniers, Senior Counsel, Criminal Law Policy Section; Renée Soublière, Senior Counsel and Litigation Coordinator.

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

It was agreed, — That the Standing Committee on Justice and Human Rights be granted an operational budget of $38,850 for its study of Bill C-32.

 

It was agreed, — That the following witnesses: The Alcohol Test Committee and the Drugs and Driving Committee of the Canadian Society of Forensic Science both be invited to appear in relation to Bill C-32.

 

It was agreed, — That the Canadian Council of Criminal Defence Lawyers be added to the list of witnesses for the study of Bill C-32.

 

At 9:15 a.m., the sitting was suspended.

At 9:20 a.m., the sitting resumed in public.

 
Pursuant to the Order of Reference of Monday, October 16, 2006, the Committee resumed consideration of Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).
 

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

 

The witnesses made statements and answered questions.

 

On Clause 24,

Rob Moore moved, — That Bill C-23, in Clause 24, be amended by

(a) replacing, in the English version, line 29 on page 9 with the following:

“judge, as the case may be, the Attorney General may require the”

(b) replacing line 38 on page 9 with the following:

“has already been held or the re-election was made under subsection 565(2).”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to.

 

Clause 24, as amended, carried.

 

On new Clause 24.1,

Rob Moore moved, — That Bill C-23 be amended by adding after line 38 on page 9 the following new clause:

“24.1 Subsection 569(1) of the Act is replaced by the following:

569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to on division.

 

Clause 25 carried.

 

By unanimous consent, Clauses 26 to 36 inclusive carried.

 

On Clause 37,

Rob Moore moved, — That Bill C-23, in Clause 37, be amended by replacing line 8 on page 14 with the following:

“subsections 732.2(3) and (5); and”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to.

 

Clause 37, as amended, carried.

 

On Clause 38,

Rob Moore moved, — That Bill C-23, in Clause 38, be amended by replacing, in the French version, line 34 on page 14 with the following:

b) la période d’emprisonnement maximale que le”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to.

 

Clause 38, as amended, carried.

 

On Clause 39,

Rob Moore moved, — That Bill C-23, in Clause 39, be amended by replacing line 8 on page 15 with the following:

“conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to.

 

Clause 39, as amended, carried.

 

By unanimous consent, Clauses 40 to 43 inclusive carried.

 

On Clause 44,

Joe Comartin moved, — That Bill C-23, in Clause 44, be amended by replacing line 4 on page 17 with the following:

“a fine of not more than five thousand dollars or”

 

After debate, the question was put on the amendment of Joe Comartin and it was agreed to.

 

Clause 44, as amended, carried.

 

Clause 45 carried.

 

On new Clause 45.1,

Rob Moore moved, — That Bill C-23 be amended by adding after line 30 on page 17 the following new clause:

“45.1 Form 12 of the Act is replaced by the following:

FORM 12

(Sections 493 and 679)

UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE

Canada,

Province of ....................,

(territorial division).

I, A.B., of ................, (occupation), understand that I have been charged that (set out briefly the offence in respect of which accused is charged).

In order that I may be released from custody, I undertake to attend court on ........... day, the ................ day of ................ A.D. ........, and to attend after that as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time undertaking is given, to attend at the time and place fixed by the court and after that as required by the court in order to be dealt with according to law).

(and, where applicable)

I also undertake to (insert any conditions that are directed)

(a) report at (state times) to (name of peace officer or other person designated);

(b) remain within (designated territorial jurisdiction);

(c) notify (name of peace officer or other person designated) of any change in my address, employment or occupation;

(d) abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);

(e) deposit my passport (as the justice or judge directs); and

(f) (any other reasonable conditions).

I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code.

Subsections 145(2) and (3) of the Criminal Code state as follows:

“(2) Every one who,

(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or

(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,

or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.”

Dated this ................ day of ................ A.D. ........, at ................ .

......................................

(Signature of accused)”

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to on division.

 

On new Clause 45.2,

Rob Moore moved, — That Bill C-23 be amended by adding after line 30 on page 17 the following new clause:

“CONSEQUENTIAL AMENDMENT TO THE PRISONS AND REFORMATORIES ACT

45.2 Subsection 6(7.1) of the Prisons and Reformatories Act is replaced by the following:

(7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.”

 

The Chair ruled the proposed amendment inadmissible because it sought to amend a statute not mentioned in the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 

Clause 46 carried.

 

The Title carried.

 

The Bill, as amended, carried on division.

 

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

 

ORDERED, — That Bill C-23, as amended, be reprinted for the use of the House at report stage.

 

At 10:02 a.m., the Committee adjourned to the call of the Chair.

 



Diane Diotte
Clerk of the Committee

 
 
2007/06/01 11:54 a.m.