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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 61
Thursday, May 11, 2017, 8:47 a.m. to 10:01 a.m.
Televised
Presiding
Marilyn Gladu, Chair (Conservative)

Library of Parliament
• Laura Munn-Rivard, Analyst
 
House of Commons
• Justin Vaive, Legislative Clerk
Department of Justice
• Gillian Blackell, Senior Counsel and Acting Director, Policy Centre for Victim Issues, Policy Sector
• Uzma Ihsanullah, Counsel, Constitutional, Administrative and International Law Section
Pursuant to the Order of Reference of Thursday, March 9, 2017, the Committee resumed consideration of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).

Gilian Blackell and Uzma Ihsanullah answered questions.

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

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, and the Preamble were postponed.

The Chair called Clause 2.

On Clause 2,

Pam Damoff moved, — That Bill C-337, in Clause 2, be amended

(a) by replacing line 28 on page 2 with the following:

“hensive

(i) education in sexual assault law that includes ”

(b) by replacing line 32 on page 2 with the following:

“associated with sexual assault complainants, and

(ii) social context education.”

Debate arose thereon.

Sheila Malcolmson moved, — That the amendment be amended by replacing the word “includes”, with:

“has been developed in consultation with sexual assault survivors, as well as with groups and organizations that support them, and that includes”

After debate, the question was put on the subamendment of Sheila Malcolmson and it was agreed to.

The question was put on the amendment of Pam Damoff, as amended, and it was agreed to.

Clause 2, as amended, carried.

On Clause 3,

Karen Ludwig moved, — That Bill C-337, in Clause 3, be amended by replacing line 37 on page 2 with the following:

“al assault law and social context;”

Debate arose thereon.

Sheila Malcolmson moved, — That the amendment be amended by adding after the words “social context”, the following:

“that have been developed in consultation with sexual assault survivors, as well as with groups and organizations that support them;”

After debate, the question was put on the subamendment of Sheila Malcolmson and it was agreed to.

The question was put on the amendment of Karen Ludwig, as amended, and it was agreed to.

Clause 3, as amended, carried.

On new Clause 3.1,

Sheila Malcolmson moved, — That Bill C-337 be amended by adding before line 1 on page 3 the following new clause:

“3.1 The Act is amended by adding the following after section 60:

60.1 The Council shall ensure that the seminars related to sexual assault law referred to in paragraph 60(2)(b) are made available to persons who play a role in the administration of criminal justice, including those mentioned in subparagraphs (b)(i), (ii) and (vi) to (viii) of the definition justice system participant in section 2 of the Criminal Code.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Clause 4 carried.

On new Clause 4.1,

Sheila Malcolmson moved, — That Bill C-337 be amended by adding after line 18 on page 3 the following new clause:

“4.1 The Act is amended by adding the following after section 74:

74.1 The Commissioner shall, within three months after the end of each fiscal year, prepare and publish on the Office of the Commissioner's website a report on the education in sexual assault law described in paragraph 3(b), including any observations and recommendations that the Commissioner considers appropriate.”

After debate, the question was put on the amendment of Sheila Malcolmson and it was negatived.

At 9:18 a.m., the sitting was suspended.

At 9:32 a.m., the sitting resumed.

On Clause 5,

Sean Fraser moved, — That Bill C-337, in Clause 5, be amended

(a) by replacing lines 21 to 24 on page 3 with the following:

“278.92 (1) In proceedings for an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the judge shall provide reasons for a decision that a person is”

(b) by adding after line 30 on page 3 the following:

“(2) The reasons shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

(3) Subsections (1) and (2) apply only in proceedings before a judge without a jury.”

After debate, the question was put on the amendment of Sean Fraser and it was agreed to.

Clause 5, as amended, carried.

Clause 6 carried.

Clause 1, Short Title, carried.

The Preamble carried.

By unanimous consent, Clause 6 previously carried was reconsidered.

Clause 6 was negatived.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-337, as amended, be reprinted for the use of the House at report stage.

Motion

Sean Fraser moved, — That the Committee send a letter to provincial and territorial governments to recommend strongly that the courts under their jurisdictions make the transcripts of their proceedings available electronically in a searchable database so that anyone with an internet connection can access the decisions that are currently recorded but not reported.

Debate arose thereon.

At 10:01 a.m., the Committee adjourned to the call of the Chair.



Marie-Hélène Sauvé
Clerk of the Committee