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MINUTES OF PROCEEDINGS
 
Meeting No. 8
 
Tuesday, December 10, 2013
 

The Standing Committee on Foreign Affairs and International Development met at 3:37 p.m. this day, in Room 306, La Promenade Building, the Chair, Dean Allison, presiding.

 

Members of the Committee present: Mike Allen, Dean Allison, David Anderson, Lois Brown, Paul Dewar, Marc Garneau, Peter Goldring, Nina Grewal, Hélène Laverdière, Laurin Liu and Gary Ralph Schellenberger.

 

Acting Members present: Jasbir Sandhu for Romeo Saganash.

 

Other Members present: Elizabeth May.

 

In attendance: Library of Parliament: James Lee, Analyst; Allison Goody, Analyst; Erin Shaw, Analyst. House of Commons: David-Andrés Novoa, Legislative Clerk.

 

Witnesses: Department of Foreign Affairs, Trade and Development: Sabine Nolke, Director General, Non-Proliferation and Security Threat Reduction Bureau. Department of National Defence: LCol Chris Penny, Directorate of International and Operational Law, Office of the Judge Advocate General. Department of Justice: Christopher D. Ram, Legal Counsel, Criminal Law Policy Section.

 
Pursuant to the Order of Reference of Friday, October 25, 2013, the Committee resumed consideration of Bill C-6, An Act to implement the Convention on Cluster Munitions.
 

Sabine Nolke, LCol Chris Penny and Christopher D. Ram answered questions.

 

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

 

The Chair calls Clause 2.

 

By unanimous consent, Clause 2 was allowed to stand.

 

On Clause 11,

Marc Garneau moved, — That Bill C-6, in Clause 11, be amended by replacing lines 11 to 38 on page 6 with the following:

Public Service Employment Act, from participating in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention, if that participation does not amount to active assistance in the prohibited activities referred to in section 6.”

 

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

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-6, in Clause 2, be amended by adding after line 7 on page 1 the following:

““active assistance” means, in respect of a person, the intention of the person to assist another person in a prohibited activity and the knowledge that that other person is engaged in such an activity.”

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 11, be amended by replacing line 11 on page 6 to line 21 on page 7 with the following:

Public Service Employment Act, or who is a member of the Canadian Forces on attachment, exchange or secondment, or serving under similar arrangement or taking part in multinational military exercises, in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, from participating in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention, if that participation does not amount to active assistance in a prohibited activity.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 4; NAYS: 6.

 
Paul Dewar moved, — That Bill C-6, in Clause 11, be amended by replacing line 15 on page 6 to line 21 on page 7 with the following:

“participating in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention and that engages in an activity prohibited under section 6, provided that the person does not

(a) develop, produce or otherwise acquire cluster munitions;

(b) stockpile or transfer cluster munitions;

(c) use cluster munitions; or

(d) expressly request the use of cluster munitions in cases where the choice of munitions used is within the exclusive control of the Canadian Forces.”

 

After debate, the question was put on the amendment of Paul Dewar and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5; NAYS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6.

 
David Anderson moved, — That Bill C-6, in Clause 11, be amended by replacing line 30 on page 6 with the following:

“(c) acquiring or possessing a cluster”

 

After debate, the question was put on the amendment of David Anderson and it was agreed to on the following recorded division: YEAS: Mike Allen, David Anderson, Lois Brown, Paul Dewar, Marc Garneau, Peter Goldring, Nina Grewal, Hélène Laverdière, Laurin Liu, Jasbir Sandhu, Gary Ralph Schellenberger — 11; NAYS: — 0.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Jean-François Fortin for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 11, be amended by replacing line 39 on page 6 with the following:

“(2) For greater certainty, section 6 prohibits a person, in”

 

RULING BY THE CHAIR

Bill C-6 enacts An Act to implement the Convention on Cluster Munitions, which provides for exceptions to the prohibitions listed in clause 6 of the bill. One of these exceptions can be found in subclause 11(2), which “does not prohibit a person” from doing certain acts listed in clause 6. The amendment proposes to alter the wording from “does not prohibit” to “prohibits”.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“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 amendment is contrary to the principle of the bill as it negates an exception provided in subclause 11(2) of the bill. The amendment is therefore inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Jean-François Fortin for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 11, be amended by replacing line 1 on page 7 with the following:

“(3) For greater certainty, section 6 prohibits a person, in”

 

RULING BY THE CHAIR

Bill C-6 enacts An Act to implement the Convention on Cluster Munitions, which provides for exceptions to the prohibitions listed in clause 6 of the bill. One of these exceptions can be found in subclause 11(3), which “does not prohibit a person” from doing certain acts listed in clause 6. The amendment proposes to alter the wording from “does not prohibit” to “prohibits”.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“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 amendment is contrary to the principle of the Bill as it negates an exception provided in subclause 11(3) of the Bill. The amendment is therefore inadmissible.

 
Marc Garneau moved, — That Bill C-6, in Clause 11, be amended by deleting lines 5 to 9 on page 7.

 

After debate, the question was put on the amendment of Marc Garneau and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5; NAYS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6.

 
Marc Garneau moved, — That Bill C-6, in Clause 11, be amended by deleting lines 10 to 13 on page 7.

 

After debate, the question was put on the amendment of Marc Garneau and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5; NAYS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6.

 
Marc Garneau moved, — That Bill C-6, in Clause 11, be amended by replacing line 14 on page 7 with the following:

“(c) receiving or comforting another”

 

After debate, the question was put on the amendment of Marc Garneau and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5; NAYS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 11, be amended by adding after line 21 on page 7 the following:

“(4) For greater certainty, the exceptions referred to in subsections (1), (2) and (3) apply only if it has been conclusively demonstrated that all reasonable efforts have been made to dissuade the use, acquisition, possession, import or export of a cluster munition, explosive submunition or explosive bomblet by a state that is not a party to the Convention, in accordance with paragraphs 1 and 2 of Article 21 of the Convention.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5; NAYS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6.

 

Clause 11, as amended, carried on the following recorded division: YEAS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6; NAYS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5.

 

On new Clause 22.1,

Marc Garneau moved, — That Bill C-6 be amended by adding after line 10 on page 10 the following new clause:

“ANNUAL REPORT TO PARLIAMENT

22.1 (1) Within one year after the coming into force of this section and every year after that, the Minister of Foreign Affairs must prepare a report and table a copy of the report in the House of Commons, which must include the steps Canada has taken to:

(a) encourage states not party to the Convention to ratify, accept, approve or accede to the Convention;

(b) notify the governments of all states not party to the Convention of Canada’s obligations under the Convention;

(c) promote the norms the Convention establishes; and

(d) discourage states not party to the Convention from using cluster munitions.

(2) For greater certainty, a failure by the Minister of Foreign Affairs to comply with subsection (1) is not an offence and, accordingly, section 126 of the Criminal Code does not apply.”

 

After debate, by unanimous consent, the amendment was withdrawn.

 

Clause 2 carried by a show of hands: YEAS: 7; NAYS: 0.

 

The Schedule carried by a show of hands: YEAS: 7; NAYS: 0.

 

Clause 1, Short Title, carried by a show of hands: YEAS: 7; NAYS: 0.

 

The Title carried by a show of hands: YEAS: 7; NAYS: 0.

 

The Bill, as amended, carried on the following recorded division: YEAS: Mike Allen, David Anderson, Lois Brown, Peter Goldring, Nina Grewal, Gary Ralph Schellenberger — 6; NAYS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Jasbir Sandhu — 5.

 

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

 

ORDERED, — That Bill C-6, as amended, be reprinted for the use of the House at report stage.

 

At 4:49 p.m., the Committee adjourned to the call of the Chair.

 



Miriam Burke
Clerk of the Committee

 
 
2013/12/17 11:49 a.m.