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MINUTES OF PROCEEDINGS

Meeting No. 37

Tuesday, November 23, 2010

The Standing Committee on Justice and Human Rights met at 3:31 p.m. this day, in Room 253-D, Centre Block, the Chair, Ed Fast, presiding.

Members of the Committee present: Joe Comartin, Bob Dechert, Ed Fast, Hon. Marlene Jennings, Derek Lee, Marc Lemay, Serge Ménard, Rick Norlock, Daniel Petit, Brent Rathgeber and Stephen Woodworth.

Acting Members present: Andrew Kania for Brian Murphy and Dave MacKenzie for Daniel Petit.

In attendance: Library of Parliament: Robin MacKay, Analyst . House of Commons: Lucie Tardif-Carpentier, Legislative Clerk.

Witnesses: Department of Justice: Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section; John Giokas, Counsel, Criminal Law Policy Section. Association des services de réhabilitation sociale du Québec: Patrick Altimas, Director General.

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, November 23, 2010, to consider the business of the Committee and agreed to make the following recommendations:

1. On Bill C-21

That on Bill C-21, An Act to amend the Criminal Code (sentencing for fraud) (Standing up for Victims of White Collar Crime Act), the Committee commence consideration on Thursday, November 25, 2010, and that witnesses be invited to appear during the first hour; and

That, for the second hour the Committee proceed to clause-by-clause consideration following the witnesses.

2. On Bill C-4

That on Bill C-4, An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts (Sébastien’s Law (Protecting the Public from Violent Young Offenders)), the Committee invite the Minister of Justice to appear on Tuesday, November 30, 2010, subject to availability, for the first hour to discuss the Comprehensive Review of the Youth Criminal Justice Act, Cross-Country Roundtable Report.

3. On Bill C-48

That, on Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act (Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act), the Committee invite the Minister of Justice to appear for one hour on Tuesday, November 30, or on Thursday, December 2, subject to availability, and that the Committee begin hearing witnesses on the Bill in the second hour on Thursday, December 2, on Tuesday, December 7 and on Thursday, December 9 if necessary.

4. On Supplementary Estimates (B) 2010-2011

That, on the Supplementary Estimates (B) 2010-2011, the Committee invite the Minister of Justice to appear for one hour on Tuesday, November 30, or on Thursday, December 2, subject to availability.

It was agreed, — That the report of the Subcommittee be concurred in.

Pursuant to the Order of Reference of Wednesday, October 6, 2010, the Committee resumed consideration of Bill S-6, An Act to amend the Criminal Code and another Act.

Patrick Altimas made a statement and answered questions.

At 4:10 p.m., the sitting was suspended.

At 4:12 p.m., the sitting resumed.

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

Catherine Kane answered questions.

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

The Chair called Clause 2.

After debate, Clause 2 carried on the following recorded division: YEAS: Bob Dechert, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 5; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

At 4:33 p.m., the sitting was suspended.

At 4:33 p.m., the sitting resumed.

On Clause 3,

Marlene Jennings moved, — That Bill S-6, in Clause 3, be amended by adding after line 28 on page 3 the following:

“(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.”

After debate, the question was put on the amendment of Marlene Jennings and it was agreed to on the following recorded division: YEAS: Joe Comartin, Marlene Jennings, Andrew Kania, Derek Lee, Marc Lemay, Serge Ménard — 6; NAYS: Bob Dechert, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 5.

Marlene Jennings moved, — That Bill S-6, in Clause 3, be amended by adding after line 28 on page 3 the following:

“(2.7) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Chief Justice in the province in which the conviction took place, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).”

Debate arose thereon.

By unanimous consent, it was agreed, — That the amendment be amended by replacing the words “Chief Justice in the province in which the conviction took place ” with the words “the Commissoner of Correctional Service Canada”

After debate, the question was put on the amendment of Marlene Jennings, as amended, and it was agreed to on the following recorded division: YEAS: Joe Comartin, Marlene Jennings, Andrew Kania, Derek Lee, Marc Lemay, Serge Ménard — 6; NAYS: Bob Dechert, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 5.

After debate, Clause 3, as amended, carried on the following recorded division: YEAS: Joe Comartin, Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Marc Lemay, Serge Ménard, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 11; NAYS: — 0.

Clause 4 carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

Clause 5 carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

Clause 6 carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

On Clause 7,

Marlene Jennings moved, — That Bill S-6, in Clause 7, be amended by replacing line 9 on page 6 with the following:

“3(1), within 180 days after the end of two years”

Marlene Jennings moved, — That Bill S-6, in Clause 7, be amended by replacing line 19 on page 6 with the following:

“amended by subsection 3(1), within 180 days”

Clause 7, as amended, carried on the following recorded division: YEAS: Joe Comartin, Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Marc Lemay, Serge Ménard, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 11; NAYS: — 0.

Clause 8 carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

On Clause 1,

Marlene Jennings moved, — That Bill S-6, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. This Act may be cited as the Effective Limits to Faint Hope Act.”

The Chair ruled the proposed amendment inadmissible because it sought to amend the title of the Bill that, as provided on pages 770-771 of House of Commons Procedure and Practice, Second Edition, may only be amended if necessitated by other amendments made to the Bill.

The Short Title was negatived on the following recorded division: YEAS: Bob Dechert, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 5; NAYS: Joe Comartin, Marlene Jennings, Andrew Kania, Derek Lee, Marc Lemay, Serge Ménard — 6.

The Title carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

The Bill, as amended, carried on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

ORDERED, — That the Chair report the Bill, as amended, to the House on the following recorded division: YEAS: Bob Dechert, Marlene Jennings, Andrew Kania, Derek Lee, Rick Norlock, Daniel Petit, Brent Rathgeber, Stephen Woodworth — 8; NAYS: Joe Comartin, Marc Lemay, Serge Ménard — 3.

At 5:10 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2011/01/12 12:04 p.m.