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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 113
Wednesday, October 24, 2018, 3:37 p.m. to 7:36 p.m.
Presiding
Anthony Housefather, Chair (Liberal)

House of Commons
• Olivier Champagne, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Chloé Forget, Analyst
Department of Justice
• Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector
• Matthew Taylor, Acting Senior Counsel, Criminal Law Policy Section, Policy Sector
• Shannon Davis-Ermuth, Legal Counsel, Criminal Law Policy Section, Policy Sector
• Paulette Corriveau, Counsel, Criminal Law Policy Section, Policy Sector
Pursuant to the Order of Reference of Monday, June 11, 2018, the Committee resumed consideration of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.

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

The Chair called Clause 1.

On Clause 1

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-75, in Clause 1, be amended by adding after line 33 on page 2 the following:

vulnerable population means a group of persons who are living in poverty, who are homeless, who have a substance use disorder, who have a mental health problem, who provide sexual services for consideration, who are overrepresented in the criminal justice system or who are disadvantaged due to a disability, whether temporary, permanent or episodic in nature, age, immigration status or other circumstances; (population vulnérable)”

After debate, the question on the amendement of Elizabeth May was put and was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Clause 1 carried by a show of hands: YEAS: 6; NAYS: 3.

Clause 2 carried by a show of hands: YEAS: 6; NAYS: 3.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 4,

Murray Rankin moved, — That Bill C-75, in Clause 4, be amended by replacing lines 5 and 6 on page 5 with the following:

“160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2 or subsection 286.1(2) shall be deemed to commit”

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

The Chair ruled that the following nine (9) amendments were consequential to the previous amendment and therefore they were also negatived:

That Bill C-75, in Clause 57, be amended by replacing lines 22 and 23 on page 21 with the following:

“tion 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2, 271, 272, 273 or”

That Bill C-75, in Clause 60, be amended by replacing lines 9 to 12 on page 22 with the following:

“60 Section 173 of the Act is repealed.”

That Bill C-75, in Clause 101, be amended

(a) by replacing line 18 on page 34 with the following:

“tion 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271,”

(b) by replacing line 26 on page 34 with the following:

“(3) and sections 170, 171, 172, 271, 272 and 273.”

That Bill C-75, in Clause 102, be amended by replacing line 32 on page 34 with the following:

“(3) or section 170, 171, 172, 271, 272 or 273, evidence”

That Bill C-75, in Clause 103, be amended by replacing line 5 on page 35 with the following:

“section 170, 171, 172, 271, 272 or 273, evidence of sex-”

That Bill C-75, in Clause 104, be amended by replacing line 12 on page 35 with the following:

“160, 170, 171, 172, 210, 211, 213, 271, 272, 273,”

That Bill C-75, in Clause 191, be amended by replacing line 28 on page 61 with the following:

“section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 271,”

That Bill C-75, in Clause 192, be amended by replacing line 5 on page 62 with the following:

“210, 211, 213, 271, 272, 273, 279.01, 279.011,”

That Bill C-75, in Clause 323, be amended by replacing lines 37 and 38 on page 139 with the following:

“160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2, 271, 272, 273 or 279.011, sub-”

Clause 4 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 3.

By unanimous consent, Clause 319 was considered.

After debate, Clause 319 carried by a show of hands: YEAS: 8; NAYS: 1.

On Clause 6,

Michael Cooper moved, — That Bill C-75, in Clause 6, be amended by replacing lines 22 and 23 on page 5 with the following:

“years who does a prohibited act for a purpose preju-”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 6 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 7,

Michael Cooper moved, — That Bill C-75, in Clause 7, be amended by replacing lines 32 to 35 on page 5 with the following:

“ted is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 7 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 8,

Michael Cooper moved, — That Bill C-75, in Clause 8, be amended by replacing lines 3 and 4 on page 6 with the following:

“years who, while in or outside Canada,”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 8 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 9,

Michael Cooper moved, — That Bill C-75, in Clause 9, be amended by replacing lines 12 and 13 on page 6 with the following:

“years who intentionally”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 9 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 10,

Michael Cooper moved, — That Bill C-75, in Clause 10, be amended by replacing lines 19 to 21 on page 6 with the following:

“an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 10 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 11,

Michael Cooper moved, — That Bill C-75, in Clause 11, be amended by replacing lines 4 to 7 on page 7 with the following:

“guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 11 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 12,

Michael Cooper moved, — That Bill C-75, in Clause 12, be amended by replacing lines 11 to 14 on page 7 with the following:

“this section is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 12 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 13 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 14,

Michael Cooper moved, — That Bill C-75, in Clause 14, be amended by replacing lines 24 to 27 on page 7 with the following:

“any explosive substance is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 14 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 15,

Michael Cooper moved, — That Bill C-75, in Clause 15, be amended

(a) by replacing line 28 on page 7 with the following:

“15 (1) The portion of section 83.02 of the English version of the Act be- ”

(b) by replacing lines 3 and 4 on page 8 with the following:

“years who, directly or indirectly, wilfully and with-”

After debate, the question was put on the amendment of Michael Cooper and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 15, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 16,

Tony Clement moved, — That Bill C-75, in Clause 16, be amended

(a) by replacing line 10 on page 8 with the following:

“16 (1) The portion of section 83.03 of the English version of the Act be-”

(b) by replacing lines 14 and 15 on page 8 with the following:

“years who, directly or indirectly, collects property,”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 16, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 17,

Tony Clement moved, — That Bill C-75, in Clause 17, be amended

(a) by replacing line 20 on page 8 with the following:

“17 (1) The portion of section 83.04 of the English version of the Act be-”

(b) by replacing lines 24 and 25 on page 8 with the following:

“years who”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 17, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

Clause 18 carried by a show of hands: YEAS: 5; NAYS: 4.

Clause 19 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 20,

Tony Clement moved, — That Bill C-75, in Clause 20, be amended by replacing lines 27 to 30 on page 9 with the following:

“tivity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 20, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 21,

Tony Clement moved, — That Bill C-75, in Clause 21, be amended by replacing lines 6 to 9 on page 10 with the following:

“83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 21, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 22,

Tony Clement moved, — That Bill C-75, in Clause 22, be amended by replacing lines 18 to 21 on page 10 with the following:

“such communication, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 22, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 23,

Tony Clement moved, — That Bill C-75, in Clause 23, be amended

(a) by replacing line 22 on page 10 with the following:

“23 (1) Subsection 83.23(1) of the Act is replaced by the fol-”

(b) by replacing line 35 on page 10 to line 1 on page 11 with the following:

“for a term of not more than 10 years, if the person who”

(c) by adding after line 4 on page 11 the following:

“(2) Subsection 83.23(2) of the English version of the Act is replaced by the following:”

(d) by replacing lines 9 to 12 on page 11 with the following:

“terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

After debate, the question was put on the amendment of Tony Clement and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 23, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

Clause 24 carried by a show of hands: YEAS: 5; NAYS: 3.

After debate, Clause 25 was negatived by a show of hands: YEAS: 3; NAYS: 6.

Clause 26 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 27 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 28 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 29 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 30 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 31 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 32 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 33 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 34 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 35,

Michael Cooper moved, — That Bill C-75, in Clause 35, be amended by replacing lines 25 to 28 on page 12 with the following:

“tion is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 35 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 36 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 37,

Tony Clement moved, — That Bill C-75, in Clause 37, be amended by replacing lines 22 to 25 on page 13 with the following:

“of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 37 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 38,

Tony Clement moved, — That Bill C-75, in Clause 38, be amended by replacing lines 30 to 32 on page 13 with the following:

“and liable to imprisonment for a term of not more than five years who directly or indirectly gives, offers or”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 38 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 39,

Tony Clement moved, — That Bill C-75, in Clause 39, be amended by replacing lines 13 and 14 on page 14 with the following:

“years who”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 39 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 40,

Tony Clement moved, — That Bill C-75, in Clause 40, be amended by replacing lines 21 and 22 on page 14 with the following:

“years who”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 40 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 41,

Michael Cooper moved, — That Bill C-75, in Clause 41, be amended by replacing lines 1 to 3 on page 15 with the following:

“an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 41 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 42 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 43 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 44,

Michael Cooper moved, — That Bill C-75, in Clause 44, be amended by replacing lines 26 and 27 on page 15 with the following:

“years who”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 44 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 45,

Michael Cooper moved, — That Bill C-75, in Clause 45, be amended by replacing lines 4 to 6 on page 16 with the following:

“an indictable offence and liable to imprisonment for a term of not more than 10 years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived on the following recorded division:

YEAS: Tony Clement, Michael Cooper, Dave MacKenzie, Murray Rankin — 4;

NAYS: Randy Boissonnault, Ali Ehsassi, Colin Fraser, Iqra Khalid, Ron McKinnon — 5.

Clause 45 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 46,

Michael Cooper moved, — That Bill C-75, in Clause 46, be amended by replacing lines 13 to 15 on page 16 with the following:

“an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 46 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 47,

Michael Cooper moved, — That Bill C-75, in Clause 47, be amended by replacing lines 22 to 25 on page 16 with the following:

“guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 47 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 48,

Tony Clement moved, — That Bill C-75, in Clause 48, be amended by replacing lines 30 and 31 on page 16 with the following:

“years who”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 48 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 49,

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-75, in Clause 49, be amended

(a) by replacing line 7 on page 18 with the following:

“undertaking, if the breach of the condition endangers the safety of the public, including any victim or witness; or”

(b) by replacing line 20 on page 18 with the following:

“lease order other than the condition to attend court, if the breach of the condition endangers the safety of the public, including any victim or witness; or”

After debate, the question was put on the amendement of Elizabeth May and it was negatived, by a show of hands : YEAS: 0; NAYS: 9.

Colin Fraser moved, — That Bill C-75, in Clause 49, be amended by replacing line 31 on page 18 with the following:

“cordance with a summons, appearance notice, undertaking or release order, to comply with a condition”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

Clause 49, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 50,

Michael Cooper moved, — That Bill C-75, in Clause 50, be amended by replacing lines 41 and 42 on page 19 with the following:

“years who”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 50 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 51,

Michael Cooper moved, — That Bill C-75, in Clause 51, be amended by replacing lines 7 and 8 on page 20 with the following:

“years who”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 51 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 52,

Tony Clement moved, — That Bill C-75, in Clause 52, be amended by replacing lines 15 and 16 on page 20 with the following:

“years who knowingly”

After debate, the question was put on the amendment of Tony Clement and it was negatived on the following recorded division:

YEAS: Tony Clement, Michael Cooper, Dave MacKenzie, Murray Rankin — 4;

NAYS: Randy Boissonnault, Ali Ehsassi, Colin Fraser, Iqra Khalid, Ron McKinnon — 5.

Clause 52 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 53 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 54 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 55 carried by a show of hands: YEAS: 5; NAYS: 3.

After debate, Clause 56 carried on the following recorded division:

YEAS: Randy Boissonnault, Tony Clement, Michael Cooper, Ali Ehsassi, Colin Fraser, Iqra Khalid, Dave MacKenzie, Ron McKinnon, Murray Rankin — 9;

NAYS: — 0.

Clause 57 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 58 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 59,

Tony Clement moved, — That Bill C-75, in Clause 59, be amended by replacing lines 5 to 8 on page 22 with the following:

“home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 59 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 60 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 61,

Tony Clement moved, — That Bill C-75, in Clause 61, be amended by replacing lines 18 and 19 on page 22 with the following:

“two years who”

After debate, the question was put on the amendment of Tony Clement and it was negatived on the following recorded division:

YEAS: Tony Clement, Michael Cooper, Dave MacKenzie, Murray Rankin — 4;

NAYS: Randy Boissonnault, Ali Ehsassi, Colin Fraser, Iqra Khalid, Ron McKinnon — 5.

Clause 61 carried by a show of hands: YEAS: 5; NAYS: 3.

At 5:32 p.m., the sitting was suspended.

At 6:46 p.m., the sitting resumed.

On Clause 62,

Murray Rankin moved, — That Bill C-75, in Clause 62, be amended by replacing lines 22 to 24 on page 22 with the following:

“62 Section 179 of the Act is repealed.”

After debate, the question was put on the amendment of Murray Rankin and it was agreed to on the following recorded division:

YEAS: Randy Boissonnault, Tony Clement, Michael Cooper, Ali Ehsassi, Colin Fraser, Iqra Khalid, Dave MacKenzie, Ron McKinnon, Murray Rankin — 9;

NAYS: — 0.

Clause 62, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 63,

Michael Cooper moved, — That Bill C-75, in Clause 63, be amended by replacing lines 30 and 31 on page 22 with the following:

“two years who commits a common nuisance and by”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 63 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 64 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 65,

Tony Clement moved, — That Bill C-75, in Clause 65, be amended by replacing lines 5 and 6 on page 23 with the following:

“years who”

The question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 65 carried by a show of hands: YEAS: 5; NAYS: 3.

New Clause 65.1

Randy Boissonnault moved, — That Bill C-75 be amended by adding after line 8 on page 23 the following:

“65.1 Subparagraph (a)(xxxiv) of the definition offence in section 183 of the Act is repealed.”

After debate, the question was put on the amendment of Randy Boissonnault and it was agreed to on the following recorded division:

YEAS: Randy Boissonnault, Tony Clement, Michael Cooper, Colin Fraser, Iqra Khalid, Karen Ludwig, Dave MacKenzie, Ron McKinnon, Murray Rankin — 9;

NAYS: — 0.

The Chair ruled that the following six (6) amendments were consequential to the previous amendment and therefore they were also adopted:

That Bill C-75 be amended by adding after line 9 on page 25 the following:

“71.1 (1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.

(2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:

disorderly house means a common betting house or a common gaming house; (maison de désordre)

71.2 (1) Subsection 199(1) of the Act is replaced by the following:

199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

(2) Subsection 199(6) of the Act is replaced by the following:

(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.”

That Bill C-75, in Clause 75, be amended by replacing line 31 on page 25 to line 5 on page 26 with the following:

“75 The heading before section 210 and sections 210 and 211 of the Act are repealed.”

That Bill C-75, in Clause 104, be amended by replacing line 12 on page 35 with the following:

“160, 170, 171, 172, 173, 213, 271, 272, 273,”

That Bill C-75, in Clause 192, be amended by replacing line 5 on page 62 with the following:

“173, 213, 271, 272, 273, 279.01, 279.011,”

That Bill C-75 be amended by adding after line 4 on page 99 the following:

“253.1 Subparagraph 553(c)(vi) of the Act is repealed.”

That Bill C-75, in Clause 406, be amended by adding after line 30 on page 195 the following:

“(10.1) On the first day on which both section 25 of the other Act and section 75 of this Act are in force, paragraph 278.92(1)(a) of the Criminal Code is replaced by the following:

(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or”

On Clause 66,

Michael Cooper moved, — That Bill C-75, in Clause 66, be amended by replacing lines 13 to 16 on page 23 with the following:

“ly intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 66 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 67,

Michael Cooper moved, — That Bill C-75, in Clause 67, be amended by replacing lines 24 to 27 on page 23 with the following:

“to receive it is in Canada, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 67 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 68 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 69,

Michael Cooper moved, — That Bill C-75, in Clause 69, be amended by replacing lines 12 to 15 on page 24 with the following:

“private communications is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 69 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 70,

Michael Cooper moved, — That Bill C-75, in Clause 70, be amended by replacing lines 25 to 30 on page 24 with the following:

“tended to receive it, knowingly uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 70 carried by a show of hands: YEAS: 5; NAYS: 2.

On Clause 71,

Michael Cooper moved, — That Bill C-75, in Clause 71, be amended by replacing lines 8 and 9 on page 25 with the following:

“for a term of not more than two years, if”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 71 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 72,

Michael Cooper moved, — That Bill C-75, in Clause 72, be amended by replacing lines 13 to 16 on page 25 with the following:

“house or common betting house is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 72 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 73,

Michael Cooper moved, — That Bill C-75, in Clause 73, be amended by replacing lines 21 and 22 on page 25 with the following:

“two years who”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 73 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 74,

Michael Cooper moved, — That Bill C-75, in Clause 74, be amended by replacing lines 27 to 30 on page 25 with the following:

“for a game or in betting is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 74 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 75, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

Clause 76 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 77 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 78,

Tony Clement moved, — That Bill C-75, in Clause 78, be amended by replacing lines 17 to 20 on page 26 with the following:

“bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 78 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 79 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 80 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 81,

Tony Clement moved, — That Bill C-75, in Clause 81, be amended by replacing line 32 on page 26 to line 3 on page 27 with the following:

“guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 81 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 82 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 83 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 84,

Tony Clement moved, — That Bill C-75, in Clause 84, be amended

(a) by replacing lines 29 to 32 on page 27 with the following:

“short time after birth, as a result of the failure, guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

(b) by replacing lines 4 to 7 on page 28 with the following:

“died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.”

After debate, the question was put on the amendment of Tony Clement and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 84 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 85,

Tony Clement moved, — That Bill C-75, in Clause 85, be amended by replacing lines 19 and 20 on page 28 with the following:

“ment for a term of not more than two years, if they did”

After debate, the question was put on the amendment of Tony Clement and it was negatived on the following recorded division:

YEAS: Tony Clement, Michael Cooper, Dave MacKenzie, Murray Rankin — 4;

NAYS: Randy Boissonnault, Colin Fraser, Iqra Khalid, Karen Ludwig, Ron McKinnon — 5.

Clause 85 carried by a show of hands: YEAS: 5; NAYS: 3.

On Clause 86,

Michael Cooper moved, — That Bill C-75, in Clause 86, be amended

(a) by replacing line 22 on page 28 with the following:

“86 (1) The portion of subsection 247(1) of the English version of the Act”

(b) by replacing lines 27 and 28 on page 28 with the following:

“five years who with intent to cause death or bodily”

(c) by replacing line 30 on page 28 to line 3 on page 29 with the following:

“(2) Subsection 247(2) of the English version of the Act is replaced by the following:

(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

(3) Subsection 247(3) of the Act is replaced by the following:”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 86 carried by a show of hands: YEAS: 5; NAYS: 3.

At 7:36 p.m., the Committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee