SECU Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 38

Tuesday, November 3, 2009

The Standing Committee on Public Safety and National Security met at 11:13 a.m. this day, in Room 253-D, Centre Block, the Chair, Garry Breitkreuz, presiding.

Members of the Committee present: Garry Breitkreuz, Don Davies, Shelly Glover, Mark Holland, Andrew Kania, Dave MacKenzie, Phil McColeman, Serge Ménard, Maria Mourani, Rick Norlock, Robert Oliphant and Brent Rathgeber.

In attendance: Library of Parliament: Lyne Casavant, Analyst ; Tanya Dupuis, Analyst . House of Commons: Mike MacPherson, Legislative Clerk.

Witnesses: Department of Public Safety and Emergency Preparedness: Mary E. Campbell, Director General, Corrections and Criminal Justice Directorate. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Monday, June 8, 2009, the Committee resumed consideration of Bill C-34, An Act to amend the Criminal Code and other Acts.

Mary E. Campbell and Doug Hoover answered questions.

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

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

Clause 2 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 5,

Don Davies moved, — That Bill C-34, in Clause 5, be amended by adding after line 17 on page 5 the following:

“(1.1) The court is not required to make an order under subsection (1) if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy, liberty or prospects for rehabilitation, would be grossly disproportionate to the public interest in protecting society through the effective prevention and investigation of crimes of a sexual nature.”

Debate arose thereon.

RULING BY THE CHAIR

Bill C-34 amends the Criminal Code to require that a court shall make an order in Form 52 with regard to a person sentenced to a “designated offence”, or a person found not criminally responsible on account of mental disorder, requiring the person to comply with the Sex Offender Information Registration Act for an applicable period. This amendment proposes to allow the court to exercise discretion and to not make that order if it is satisfied that certain conditions have been met.

As House of Commons Procedure and Practice states on page 654:

‘An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.’

In the opinion of the Chair, the introduction of the concept of discretion is contrary to the principle of Bill C-34 and is therefore inadmissible.

Whereupon, Mark Holland 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: 5; NAYS: 6.

After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Don Davies moved, — That Bill C-34, in Clause 5, be amended by adding after line 17 on page 5 the following:

“(1.1) The court shall not make an order under subsection (1) if the sentence referred to in that subsection was imposed pursuant to a proceeding by way of summary conviction unless the court believes it is in the public interest to do so.”

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

Clause 5 carried by a show of hands: YEAS: 7; NAYS: 3.

Clause 6 carried.

Clause 7 carried.

By unanimous consent, Clauses 8 to 10 inclusive carried severally.

Dave MacKenzie moved, — That Bill C-34 be amended by adding after line 16 on page 8 the following new clause:

“10.1 Paragraph 490.018(1)(d) of the Act is amended by striking out “and” at the end of subparagraph (ii), by adding “and’’ at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

(iv) the Commissioner of the Royal Canadian Mounted Police.”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

New Clause 10.1 carried.

By unanimous consent, Clauses 11 to 17 inclusive carried severally.

On Clause 18,

Don Davies moved, — That Bill C-34, in Clause 18, be amended by replacing lines 13 to 15 on page 11 with the following:

“the National Defence Act — that is equivalent to an offence referred to in”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

By unanimous consent, Clauses 18 to 26 inclusive carried severally.

On Clause 27,

Don Davies moved, — That Bill C-34, in Clause 27, be amended by replacing line 14 on page 25 with the following:

“information relating to sex offenders, while exercising the powers conferred by this Act in a reasonable manner;”

Debate arose thereon.

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

By unanimous consent, Clauses 27 to 32 inclusive carried severally.

On Clause 33,

Don Davies moved, — That Bill C-34, in Clause 33, be amended by adding after line 23 on page 27 the following:

“(d.01) the make, model, year, colour and licence plate number of any motor vehicle that they own, lease or use on a regular basis;”

Debate arose thereon.

The question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Dave MacKenzie moved, — That Bill C-34, in Clause 33, be amended by adding after line 23 on page 27 the following:

“(1.1) Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g):

(h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly.”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

Don Davies moved, — That Bill C-34, in Clause 33, be amended by adding after line 36 on page 27 the following:

“(2.1) A sex offender shall, within seven days of any change in the information that they have provided under subsection (1), report that change to a person who collects information at a registration centre.”

Debate arose thereon.

Mark Holland moved, — That the amendment be amended by replacing the words “subsection (1) ” with the words “subsection 5(1)(d)”

At 1:02 p.m., the Committee adjourned to the call of the Chair.

Roger Préfontaine
Clerk of the Committee

2010/01/06 9:06 a.m.