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MINUTES OF PROCEEDINGS
 
Meeting No. 29
 
Monday, June 8, 2009
 

The Standing Committee on Justice and Human Rights met by videoconference at 3:30 p.m. this day, in Room 253-D, Centre Block, the Chair, Ed Fast, presiding.

 

Members of the Committee present: Joe Comartin, Hon. Ujjal Dosanjh, Ed Fast, Hon. Dominic LeBlanc, Marc Lemay, Réal Ménard, Rob Moore, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber and Brian Storseth.

 

Acting Members present: Robert Oliphant for Hon. Ujjal Dosanjh and Joy Smith for Brian Storseth.

 

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

 

Witnesses: Royal Canadian Mounted Police: Supt Michel Aubin, Director, Federal and International Operations. Department of Justice: Nathalie Levman, Counsel, Criminal Law Policy Section. Insurance Bureau of Canada: Richard Dubin, Vice-President, Investigative Services; Dennis Prouse, Director, Federal Government Relations. Ontario Sewer and Watermain Construction Association: Frank J.E. Zechner, Executive Director; George Kleinsteiber, Equipment Theft Consultant. Winnipeg Police Association: Mike Sutherland, President. Statistics Canada: Lynn Barr-Telford, Director, Canadian Centre for Justice Statistics; Mia Dauvergne, Senior Analyst, Policing Services Program, Canadian Centre for Justice Statistics.

 
Pursuant to the Order of Reference of Wednesday, April 22, 2009, the Committee resumed consideration of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).
 

Supt Michel Aubin made a statement and, with Nathalie Levman, answered questions.

 

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

 

Clause 1 carried on the following recorded division: YEAS: Joe Comartin, Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Brian Storseth — 8; NAYS: Marc Lemay, Réal Ménard — 2.

 

On Clause 2,

Rob Moore moved, — That Bill C-268, in Clause 2, be amended by

(a) replacing line 20 on page 1 with the following:

“(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap,”

(b) replacing lines 25 and 26 on page 1 with the following:

“(b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any”

Debate arose thereon.

 

Joe Comartin moved, — That the amendment be amended by replacing in part (a) the word “six” with the word “two” and by replacing in part (b) the words “five years” with the words “one year”.

 

The Chair ruled the proposed subamendment inadmissible because it was contrary to the principle of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 

After debate, the question was put on the amendment of Rob Moore and it was agreed to on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber, Joy Smith — 6; NAYS: Joe Comartin, Marc Lemay, Réal Ménard, Robert Oliphant — 4.

 

Debate resumed on the amendment of Rob Moore and it was agreed to on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber, Joy Smith — 6; NAYS: Joe Comartin, Marc Lemay, Réal Ménard, Robert Oliphant — 4.

 

Clause 2, as amended, carried on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 7; NAYS: Joe Comartin, Marc Lemay, Réal Ménard — 3.

 

Clause 3 carried on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 7; NAYS: Joe Comartin, Marc Lemay, Réal Ménard — 3.

 

Clause 4 carried on the following recorded division: YEAS: Joe Comartin, Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 8; NAYS: Marc Lemay, Réal Ménard — 2.

 

Clause 5 carried on the following recorded division: YEAS: Joe Comartin, Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 8; NAYS: Marc Lemay, Réal Ménard — 2.

 

By unanimous consent, it was agreed, — That the result of the vote on Clause 5 be applied to Clauses 6, 7 and 8 which are therefore also adopted.

 

The Title carried on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 7; NAYS: Joe Comartin, Marc Lemay, Réal Ménard — 3.

 

The Bill, as amended, carried on the following recorded division: YEAS: Rob Moore, Brian Murphy, Rick Norlock, Robert Oliphant, Daniel Petit, Brent Rathgeber, Joy Smith — 7; NAYS: Joe Comartin, Marc Lemay, Réal Ménard — 3.

 

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

 

ORDERED, — That Bill C-268, as amended, be reprinted for the use of the House at report stage.

 
Pursuant to the Order of Reference of Wednesday, May 6, 2009, the Committee resumed consideration of Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime).
 

The witnesses made statements and answered questions.

 

At 5:18 p.m., the sitting was suspended.

At 5:20 p.m., the sitting resumed in camera.

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

The Chair presented the Fifth Report from the Subcommittee on Agenda and Procedure which read as follows:

 

Your Subcommittee met on Tuesday, June 2, 2009, to consider the business of the Committee and agreed to make the following recommendations:

On Bill C-26:

That the Committee begin consideration of Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) on Wednesday, June 3, 2009, and that the Minister of Justice be invited to appear;

That the Committee hear witnesses for one hour on Monday, June 8 and one hour on Wednesday, June 10;

That, the Committee proceed to clause by clause consideration in the first hour of the meeting on Monday, June 15.

On Bill C-268:

That, on Monday, June 8, 2009, for the first hour, the Committee invite representatives from the RCMP to appear and following their appearance, proceed to clause by clause consideration.

On Bill C-232:

That, on Monday, June 15, the Committee invite the sponsor, Mr. Yvon Godin to appear along with other witnesses.

On the Study on Impaired Driving:

That the Committee proceed to consideration on a draft report on Wednesday, June 3 in the second hour.

On Declaring Certain Groups Criminal Organizations:

That, on Tuesday, June 9, the Committee hold an additional meeting in order to hear from witnesses concerning legal implications;

On June 10 during the second hour the Committee proceed to providing drafting instructions of a draft report and;

That, if possible, the Committee proceed to consideration of a draft report for one hour on June 17.

On Organized Crime:

That, notwithstanding discussions concerning travel over the summer adjournment, the Committee postpone travel on the study of Organized Crime until the fall.

 

It was agreed, — That the Subcommittee report be amended by adding the following:

That the meeting on June 9 be cancelled.

That at the meeting on June 10, the Committee proceed to clause-by-clause consideration on Bill C-26, and that following that, the Committee proceed to consideration of a draft report on impaired driving.

That on June 15, the Committee hear from witnesses concerning the legal implications of declaring certain groups criminal organizations for the first hour.

 

It was agreed, — That the report of the Subcommittee, as amended, be adopted.

 

At 5:30 p.m., the Committee adjourned to the call of the Chair.

 



Miriam Burke
Clerk of the Committee

 
 
2009/11/25 3:19 p.m.