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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 17
Tuesday, February 2, 2021, 11:04 a.m. to 1:06 p.m.
Webcast
Presiding
Iqra Khalid, Chair (Liberal)

Library of Parliament
• Lyne Casavant, Analyst
• Julia Nicol, Analyst
The committee proceeded to the consideration of matters related to committee business.

The Chair presented the Second Report from the Subcommittee on Agenda and Procedure, which read as follows:

Your subcommittee met on Thursday, January 28, 2021, to consider the business of the committee and agreed to make the following recommendations:

1. That the committee undertake the following studies in succession: (a) a study on controlling or coercive conduct in intimate relationships, pursuant to the motion adopted on Thursday, November 26, 2020, (b) a study on COVID 19’s impact on the justice system, pursuant to the notice of motion of Michael Cooper of Tuesday, October 20, 2020, and (c) a study on elder abuse, pursuant to the motion moved by Ramesh Sangha on Thursday, October 15, 2020, on which debate was adjourned;

2. That about four hearings be devoted to the study on controlling or coercive conduct in intimate relationships and to the study on COVID 19’s impact on the justice system and that, for each of these studies, two meetings be set aside for considering a draft report; that, for the study on elder abuse, about two hearings be held, along with an additional meeting to consider a draft report; and

3. That, with regard to the study on controlling or coercive conduct in intimate relationships: (a) the committee hold its first meeting on the topic on Tuesday, February 2, 2021, by inviting the relevant officials from the Department of Justice and Women and Gender Equality to appear, (b) the committee organize panels of three organizations or individuals per hour of meeting, and (c) the parties submit their list of suggested witnesses to the clerk no later than Tuesday, February 2, 2021, provided that the Liberal Party and the Conservative Party select eight witnesses each and the Bloc Québécois and the New Democratic Party select three more each

It was agreed, — That the Second Report from the subcommittee be concurred in.

Motion

Rhéal Éloi Fortin moved, — That the Standing Committee on Justice and Human Rights report the following recommendation to the House of Commons:

That the Standing Committee on Justice and Human Rights recommend to the House that it establish a special committee to hold hearings to examine the judicial appointment process that is the responsibility of the Minister of Justice and his office in order to ensure independence and impartiality at all stages of the process.

That, as part of its work, the committee ensure that the Prime Minister, the members of his Cabinet, members of the governing party or associated staff members do not interfere in the said process in any way; and that no selection measure or mechanism is used to favour the appointment of judicial candidates based on their political party affiliation or membership.

That the rules for the striking and operation of the special committee established pursuant to this motion be as follows:

(a) that the committee be composed of eleven (11) members of Parliament of which five (5) will be government members, four (4) will be from the Official Opposition, one (1) will be from the Bloc Québécois and one (1) will be from the New Democratic Party;

(b) that changes in the committee’s membership be effective after notification by the Whip has been filed with the Clerk of the House;

(c) that committee members may be replaced, if required, in the manner provided for in Standing Order 114(2);

(d) that members be named by their respective Whip by depositing with the Clerk of the House the list of their members to serve on the committee no later than three (3) days following adoption of this motion by the House;

(e) that the Clerk of the House convene an organizational meeting of the committee no more than five (5) days following adoption of this motion by the House;

(f) that the committee be chaired by a member of the Official Opposition;

(g) that, in addition to the chair and notwithstanding Standing Order 106(2), there be one (1) vice-chair from the Liberal Party, one (1) vice-chair from the Bloc Québécois and one (1) vice-chair from the New Democratic Party;

(h) that quorum be as provided for in Standing Order 118, and that the chair be authorized to hold meetings in order to receive evidence and authorize its printing when a quorum is not present so long as at least four (4) members are present, including one (1) member of each opposition party and one (1) government member;

(i) that the committee be granted all the powers of a standing committee as provided for in the Standing Orders as well as the power to travel, accompanied by the necessary staff, inside and outside Canada;

(j) that the committee have the power to authorize video and audio broadcasting of any or all of its proceedings;

(k) that the committee invite the witnesses it deems appropriate at a time convenient to the committee.

Debate arose thereon.

Motion

Arif Virani 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: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Randeep Sarai, Arif Virani — 6;

NAYS: Michael Cooper, Kerry-Lynne D. Findlay, Rhéal Éloi Fortin, Chris Lewis, Rob Moore — 5.

Department of Justice
• Nathalie Levman, Senior Counsel, Criminal Law Policy Section, Policy Sector
• Stéphanie Bouchard, Senior Legal Counsel and Director
• Claire Farid, Director and General Counsel
Department for Women and Gender Equality
• Lisa Smylie, Director General, Communications and Public Affairs Branch, Research, Results and Delivery Branch
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Thursday, November 26, 2020, the committee commenced its study of controlling or coercive conduct within intimate relationships.

Claire Farid and Stéphanie Bouchard made statements and, with the other witnesses, answered questions.

Motion

Rhéal Éloi Fortin moved, — That the committee proceed to resuming the adjourned debate on the motion to report to the House to recommend the establishment of a special committee on the judicial appointment process.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Michael Cooper, Kerry-Lynne D. Findlay, Rhéal Éloi Fortin, Chris Lewis, Rob Moore — 5;

NAYS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Randeep Sarai, Arif Virani — 6.

Motion

Arif Virani moved, — That the committee do now adjourn.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Élisabeth Brière, Randall Garrison, Mike Kelloway, James Maloney, Randeep Sarai, Arif Virani — 6;

NAYS: Michael Cooper, Kerry-Lynne D. Findlay, Rhéal Éloi Fortin, Chris Lewis, Rob Moore — 5.

At 1:06 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee