HESA Committee Meeting
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Minutes of Proceedings
The Committee commenced its clause-by-clause study of the Bill.
John Clare, Paul Saint-Denis, Dianne Labelle and Eric Costen answered questions.
Dave Van Kesteren moved, — That the Committee proceed no further with the Bill.
Debate arose thereon.
John Oliver moved, — That the debate be now adjourned.
The question was put on the motion and it was agreed to on the following recorded division:
YEAS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5;
NAYS: Don Davies, Marilyn Gladu, Dave Van Kesteren, Len Webber — 4.
Pursuant to Standing Order 75(1), consideration of Clause 1 (Short Title), is postponed.
The Chair calls Clause 2.
By unanimous consent, Clauses 2 to 6 inclusive carried severally, by a show of hands: YEAS: 6; NAYS: 3.
On Clause 7,
Don Davies moved, — That Bill C-45, in Clause 7, be amended by adding after line 27 on page 6 the following:“(h) recognize that criminal prohibitions on certain activities in relation to cannabis may have a negative impact on social determinants of health.”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Clause 7 carried by a show of hands: YEAS: 6; NAYS: 3.
On Clause 8,
Don Davies moved, — That Bill C-45, in Clause 8, be amended by deleting lines 2 to 6 on page 7.Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 8, be amended by replacing line 12 on page 7 with the following:
“lent to more than 30 g of dried cannabis;”
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.
(a) by deleting line 21 on page 7 to line 2 on page 8.
(b) by replacing lines 6 to 8 on page 8 with the following:
“age or older, for a first offence, to a fine of not more than $3,000 and, for any subsequent offence, to a fine of not more than $50,000,”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Clause 8 carried on the following recorded division:
YEAS: Ramez Ayoub, Don Davies, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 6;
NAYS: Marilyn Gladu, Dave Van Kesteren, Len Webber — 3.
On new Clause 8.1,
Ron McKinnon moved, — That Bill C-45 be amended by adding after line 12 on page 8 the following new clause:“8.1 (1) For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.
(2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
(3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.
(4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
(5) Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 8(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.”
Debate arose thereon.
The question was put on the amendment of Ron McKinnon and it was agreed to on the following recorded division:
YEAS: Ramez Ayoub, Don Davies, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 6;
NAYS: Marilyn Gladu, Dave Van Kesteren, Len Webber — 3.
On Clause 9,
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 9, be amended by replacing line 28 on page 8 with the following:
“than 30 g of dried cannabis,”
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 9, be amended by deleting lines 4 to 15 on page 9.
The question was put on the amendment and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 9, be amended by deleting lines 18 to 25 on page 9.
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 8.
(a) by replacing lines 20 and 21 on page 9 with the following:
“age or older, to a fine of not more than $300,000 or imprisonment for a term of not more than two years less a day, or to both,”
(b) by replacing lines 33 to 35 on page 9 with the following:
“graph (1)(a)(ii) — for a first offence, to a fine of not more than $3,000 and, for any subsequent offence, to a fine of not more than $50,000,”
(c) by replacing line 40 on page 9 to line 2 on page 10 with the following:
“graph (1)(a)(ii) — for a first offence, to a fine of not more than $3,000 and, for any subsequent offence, to a fine of not more than $50,000,”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 9, be amended by replacing line 21 on page 9 with the following:
“more than five years;”
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 8.
“more than two years less a day,”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
“more than 9 years,”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Clause 9 carried by a show of hands: YEAS: 5; NAYS: 4.
On Clause 10,
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 10, be amended by deleting lines 16 to 27 on page 10.
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 10, be amended by deleting lines 30 and 31 on page 10.
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 8.
(a) by replacing lines 30 and 31 on page 10 with the following:
“(a) is guilty of an indictable offence and is liable to a fine of not more than $300,000 or imprisonment for a term of not more than two years less a day, or to both; or”
(b) by replacing lines 4 to 6 on page 11 with the following:
“ing it contrary to paragraph (1)(b) — for a first offence, to a fine of not more than $3,000 and, for any subsequent offence, to a fine of not more than $50,000,”
(c) by replacing lines 10 to 12 on page 11 with the following:
“graph (1)(b) — for a first offence, to a fine of not more than $3,000 and, for any subsequent offence, to a fine of not more than $50,000, or”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 10, be amended by replacing line 31 on page 10 with the following:
“prisonment for a term of not more than five years; or”
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 8.
“prisonment for a term of not more than two years less a day; or”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
“prisonment for a term of not more than 9 years; or”
Debate arose thereon.
The question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Don Davies — 1;
NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu, Dave Van Kesteren, Len Webber — 8.
Clause 10 carried by a show of hands: YEAS: 5; NAYS: 3.
On Clause 11,
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-45, in Clause 11, be amended by deleting lines 20 and 21 on page 11.
The question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.
At 5:33 p.m., the Committee adjourned to the call of the Chair.