Skip to main content Start of content

JUST Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication

Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 49
Thursday, March 9, 2017, 3:23 p.m. to 4:14 p.m.
Presiding
Anthony Housefather, Chair (Liberal)

House of Commons
• Olivier Champagne, Legislative Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Julia Nicol, Analyst
Department of Justice
• Glenn Gilmour, Counsel, Criminal Law Policy Section
Pursuant to the Order of Reference of Wednesday, February 8, 2017, the Committee resumed consideration of Bill C-305, An Act to amend the Criminal Code (mischief).

The Chair called Clause 1.

Glenn Gilmour answered questions.

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

On Clause 1,

Alistair MacGregor moved, — That Bill C-305, in Clause 1, be amended

(a) by replacing line 8 on page 1 with the following:

“property described in any of paragraphs (4.101)(a) to (e), if”

(b) by replacing lines 14 and 15 on page 1 with the following:

“(4.101) The following definitions apply in this subsection and subsection (4.1).

property means

(c) by adding after line 9 on page 2 the following:

“(e) a building or structure, or part of a building or structure, that is in a public place and is used by or associated with an identifiable group as defined in subsection 318(4), or an object located in or on the grounds of such a building or structure. (bien)

public place includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)”

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

Michael Cooper moved, — That Bill C-305, in Clause 1, be amended

(a) by replacing line 8 on page 1 with the following:

“property that is a building or structure, or part of a building or structure, used by an identifiable group, or an object associated with that group located in or on the grounds of such a building or structure, if”

(b) by replacing line 14 on page 1 to line 9 on page 2 with the following:

“(4.101) For the purposes of subsection (4.1), identifiable group means any section of the public distinguished by age, sex, gender expression, mental or physical disability, religion, race, colour, national or ethnic origin, gender identity or sexual orientation.”

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.

Alistair MacGregor moved, — That Bill C-305, in Clause 1, be amended by replacing line 11 on page 1 with the following:

“or ethnic origin, gender identity, gender expression or sexual orientation,”

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

Ron McKinnon moved, — That Bill C-305, in Clause 1, be amended by replacing line 11 on page 1 with the following:

“or ethnic origin, age, sex, sexual orientation or mental or physical disability,”

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

Alistair MacGregor moved, — That Bill C-305, in Clause 1, be amended

(a) by replacing line 17 on page 1 with the following:

“structure, that is used for religious worship”

(b) by replacing line 23 on page 1 with the following:

“structure, that is used as an educational in-”

(c) by replacing line 29 on page 1 with the following:

“structure, that is used for administrative,”

(d) by replacing line 7 on page 2 with the following:

“structure, that is used as a residence for se-”

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

Colin Fraser moved, — That Bill C-305, in Clause 1, be amended

(a) by replacing line 23 on page 1 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational in-”

(b) by replacing line 29 on page 1 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative,”

(c) by replacing line 7 on page 2 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for se-”

The question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 1, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On New Clause 2,

Randy Boissonnault moved, — That Bill C-305 be amended by adding after line 9 on page 2 the following new clause:

“COORDINATING AMENDMENT

2 If Bill C-16, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canadian Human Rights Act and the Criminal Code, receives royal assent, then, on the first day on which both section 3 of that Act and section 1 of this Act are in force, the portion of subsection 430(4.1) of the Criminal Code before paragraph (a) is replaced by the following:

(4.1) Everyone who commits mischief in relation to property described in any of paragraphs 4.101(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability,”

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

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-305, as amended, be reprinted for the use of the House at report stage.

At 4:06 p.m., the sitting was suspended.

At 4:08 p.m., the sitting resumed in camera.

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

It was agreed, — That a proposed budget in the amount of $9,200, for the study of Bill C-305, An Act to amend the Criminal Code (mischief), be adopted.

At 4:14 p.m., the Committee adjourned to the call of the Chair.



Michael MacPherson
Clerk of the Committee