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MINUTES OF PROCEEDINGS
 
Meeting No. 30
 
Tuesday, April 3, 2012
 

The Standing Committee on Justice and Human Rights met at 11:01 a.m. this day, in Room 268, La Promenade Building, the Chair, Dave MacKenzie, presiding.

 

Members of the Committee present: Françoise Boivin, Charmaine Borg, Hon. Irwin Cotler, Kerry-Lynne D. Findlay, Robert Goguen, Jack Harris, Pierre Jacob, Brian Jean, Dave MacKenzie, Brent Rathgeber, Kyle Seeback and Stephen Woodworth.

 

In attendance: House of Commons: Mike MacPherson, Legislative Clerk; Chloé O'Shaughnessy, Legislative Clerk. Library of Parliament: Dominique Valiquet, Analyst; Cynthia Kirkby, Analyst.

 
Pursuant to the Order of Reference of Thursday, February 2, 2012, the Committee resumed consideration of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
 
The Committee resumed consideration of the amendment of Jack Harris, — That Bill C-217, in Clause 1, be amended by adding after line 6 on page 2 the following:

“(4.12) A court may delay imposing a punishment on a person convicted of an offence under subsection (4.11) to enable the person to make reparations for harm done to victims and the community. If the person makes reparations that, in the opinion of the court, are appropriate, the court may impose a punishment that is less than the minimum punishment provided for in that subsection.”

 

Françoise Boivin moved, — That the amendment be amended by replacing the word “convicted” with the words “who pleads guilty to or is found guilty”

 

After debate, the question was put on the subamendment of Françoise Boivin and it was negatived on the following recorded division: YEAS: Françoise Boivin, Charmaine Borg, Irwin Cotler, Jack Harris, Pierre Jacob — 5; NAYS: Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 6.

 

After debate, the question was put on the amendment of Jack Harris and it was negatived on the following recorded division: YEAS: Françoise Boivin, Charmaine Borg, Irwin Cotler, Jack Harris, Pierre Jacob — 5; NAYS: Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 6.

 
Jack Harris moved, — That Bill C-217, in Clause 1, be amended by adding after line 6 on page 2 the following:

“(4.12) A court imposing a punishment under subsection (4.11) may, in exceptional circumstances, impose a punishment that is less than the minimum punishment provided for in that subsection.”

 

After debate, the question was put on the amendment of Jack Harris and it was negatived on the following recorded division: YEAS: Françoise Boivin, Charmaine Borg, Jack Harris, Pierre Jacob — 4; NAYS: Irwin Cotler, Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 7.

 

Clause 1, as amended, carried on the following recorded division: YEAS: Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 6; NAYS: Françoise Boivin, Charmaine Borg, Irwin Cotler, Jack Harris, Pierre Jacob — 5.

 

The Title carried.

 

The Bill, as amended, carried on the following recorded division: YEAS: Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 6; NAYS: Françoise Boivin, Charmaine Borg, Irwin Cotler, Jack Harris, Pierre Jacob — 5.

 

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

 

ORDERED, — That Bill C-217, as amended, be reprinted for the use of the House at report stage.

 

At 11:46 a.m., the sitting was suspended.

At 11:55 a.m., the sitting resumed in camera.

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

It was agreed, — That the Committee commence the study of Bill 304, an Act to amend the Canadian Human Rights Act (protecting freedom), on Tuesday, April 24, 2012.

 

It was agreed, — That the Committee commence the clause-by-clause study of Bill 304, an Act to amend the Canadian Human Rights Act (protecting freedom), on Thursday, April 26, 2012.

 

At 12:07 p.m., the Committee adjourned to the call of the Chair.

 



Jean-François Pagé
Clerk of the Committee

 
 
2012/04/04 9:50 a.m.