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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 75
Wednesday, November 8, 2017, 3:32 p.m. to 5:12 p.m.
Presiding
Anthony Housefather, Chair (Liberal)

House of Commons
• Ariane Gagné-Frégeau, Procedural Clerk
• Philippe Méla, Legislative Clerk
• William Stephenson, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Erin Shaw, Analyst
Department of Justice
• Nathalie Levman, Counsel, Criminal Law Policy Section, Policy Sector
• 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
Pursuant to the Order of Reference of Thursday, June 15, 2017, the Committee resumed consideration of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

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

Matthew Taylor and Nathalie Levman answered questions.

The Chair called Clause 1.

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

By unanimous consent, Clauses 2 to 9 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 0.

On Clause 10,

Colin Fraser moved, — That Bill C-51, in Clause 10, be amended

(a) by replacing line 4 on page 5 with the following:

“10 (1) Section 153.1 of the Act is amended by adding the following after subsection (2):

(2.1) Consent must be present at the time the sexual activity in question takes place.

(2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.

(2) The portion of subsection 153.1(3) of the”

(b) by replacing lines 28 to 30 on page 5 with the following:

“(iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Alistair MacGregor moved, — That Bill C-51, in Clause 10, be amended by replacing line 14 on page 5 with the following:

“in paragraph (a.1), including the reason that the complainant does not have the capacity to understand the nature of the activity or is not aware that they are not obliged to consent to the activity;”

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

Michael Cooper moved, — That Bill C-51, in Clause 10, be amended by replacing, in the English version, line 6 on page 6 with the following:

“pressed by words or conduct.”

Debate arose thereon.

At 4:01 p.m., the sitting was suspended.

At 4:04 p.m., the sitting resumed.

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

Clause 11 carried by a show of hands: YEAS: 8; NAYS: 0.

Clause 12 carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 13 carried by a show of hands: YEAS: 6; NAYS: 0.

On new Clause 13.1,

Rob Nicholson moved, — That Bill C-51 be amended by adding after line 20 on page 7 the following new clause:

“13.1 (1) Paragraphs 176(1)(a) and (b) of the Act are replaced by the following:

(a) by threats or force, unlawfully obstructs or prevents or attempts to obstruct or prevent a religious official from celebrating religious service or performing any other function in connection with their religious office, or

(b) knowing that a religious official is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)

(i) assaults or offers any violence to them or,

(ii) arrests them on a civil process, or under the pretence of executing a civil process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(2) Subsection 176(2) of the Act is replaced by the following:

(2) Every one who wilfully disturbs or interrupts a religious service or an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.”

Debate arose thereon.

Michael Cooper moved, — That the amendment be amended by adding the words “or spiritual” after each occurrence of the word “religious”.

After debate, the question was put on the subamendment of Michael Cooper and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

The question was put on the amendment of Rob Nicholson, as amended, and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Colin Fraser moved, — That Bill C-51 be amended by adding after line 20 on page 7 the following new clause:

“13.1 Paragraphs 176(1)(a) and (b) of the Act are replaced by the following:

(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or

(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)

(i) assaults or offers any violence to them, or

(ii) arrests them on a civil process, or under the pretence of executing a civil process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

On Clause 14,

Rob Nicholson moved, — That Bill C-51, in Clause 14, be amended by replacing line 21 on page 7 with the following:

“14 Sections 177 and 178 of the Act are replaced by”

After debate, the question was put on the amendment of Rob Nicholson and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 14, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

By unanimous consent, Clauses 15 to 18 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 0.

On Clause 19,

Colin Fraser moved, — That Bill C-51, in Clause 19, be amended by replacing line 26 on page 8 with the following:

“19 (1) Section 273.1 of the Act is amended by adding the following after subsection (1):

(1.1) Consent must be present at the time the sexual activity in question takes place.

(1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (3) or (4) is a question of law.

(2) The portion of subsection 273.1(2) of the”

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

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-51, in Clause 19, be amended by replacing line 33 on page 8 to line 3 on page 9 with the following:

“(b) the complainant is, at the time the sexual activity takes place, incapable of consenting to the activity because they are

(i) unable to meaningfully understand the nature, risks and consequences of the sexual activity,

(ii) unaware that they have the choice whether to engage in it, or

(iii) unable to affirmatively express agreement to the sexual activity by words or by active conduct;”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Alistair MacGregor moved, — That Bill C-51, in Clause 19, be amended by replacing line 3 on page 9 with the following:

“in paragraph (a.1), including the reason that the complainant does not have the capacity to understand the nature of the activity or is not aware that they are not obliged to consent to the activity;”

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

Clause 19, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

On Clause 20,

Colin Fraser moved, — That Bill C-51, in Clause 20, be amended by replacing lines 17 to 19 on page 9 with the following:

“(iii) any circumstance referred to in subsection 265(3) or 273.1(2) or (3) in which no consent is obtained;”

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

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-51, in Clause 20, be amended by replacing lines 23 and 24 on page 9 with the following:

“(c) the complainant’s voluntary agreement to the activity was not affirmatively ex-”

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

Michael Cooper moved, — That Bill C-51, in Clause 20, be amended by replacing, in the English version, line 25 on page 9 with the following:

“pressed by words or conduct.”

After debate, the question was put on the amendment of Michael Cooper and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 20, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

Clause 21 carried by a show of hands: YEAS: 6; NAYS: 0.

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

Clause 23 carried by a show of hands: YEAS: 7; NAYS: 1.

Clause 24 carried by a show of hands: YEAS: 7; NAYS: 0.

On Clause 25,

Michael Cooper moved, — That Bill C-51, in Clause 25, be amended by replacing line 13 on page 11 with the following:

“record relating to a complainant that is in”

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.

Alistair MacGregor moved, — That Bill C-51, in Clause 25, be amended by adding after line 15 on page 12 the following:

“(g.1) the complainant's expectation of privacy;”

After debate, the question was put on the amendment of Alistair MacGregor and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Clause 25, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 26 to 43 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 0.

On new Clause 43.1,

Colin Fraser moved, — That Bill C-51 be amended by adding after line 25 on page 17 the following new clause:

“43.1 Section 379 of the Act is replaced by the following:

379 In this Part, goods means anything that is the subject of trade or commerce.”

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

By unanimous consent, Clauses 44 to 72 inclusive carried severally by a show of hands: YEAS: 6; NAYS: 0.

After debate, Clause 73 carried by a show of hands: YEAS: 6; NAYS: 3.

By unanimous consent, Clauses 74 to 81 inclusive carried severally by a show of hands: YEAS: 8; NAYS: 0.

The Title carried by a show of hands: YEAS: 6; NAYS: 0.

The Bill, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

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

ORDERED, — That Bill C-51, as amended, be reprinted for the use of the House at report stage.

At 5:00 p.m., the sitting was suspended.

At 5:04 p.m., the sitting resumed.

It was agreed, — That , in relation to the study of counseling and other mental health supports for jurors, the news release be published.

It was agreed, — That, in relation to the study of counseling and other mental health supports for jurors, each party send a list of witnesses including their contact information to the Clerk of the Committee no later than Wednesday, November 15, 2017.

It was agreed, — That, in relation to the study of counseling and other mental health supports for jurors, the Committee invite representatives from the Department of Justice Steering Committee on Justice Efficiencies and Access to the Justice System to appear on Monday, November 20, 2017.

It was agreed, — That, in relation to the study of counseling and other mental health supports for jurors, the Committee invite former jurors to appear on Wednesday, November 22, 2017.

At 5:12 p.m., the Committee adjourned to the call of the Chair.



Julie Geoffrion
Clerk of the Committee