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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 2
Tuesday, October 27, 2020, 11:05 a.m. to 1:07 p.m.
Webcast
Presiding
Iqra Khalid, Chair (Liberal)

• Jenica Atwin (Green Party)
• Pam Damoff (Liberal)
House of Commons
• Philippe Méla, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
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 First Report from the Subcommittee on Agenda and Procedure, which read as follows:

Your subcommittee met on Tuesday, October 20, 2020, to consider the business of the committee and agreed to make the following recommendations:

1. That, pursuant to Standing Order 108(2), the committee undertake a study of Bill C-3, An Act to Amend the Judges Act and the Criminal Code, and that the evidence and documentation received by the committee during the First Session of the 43rd Parliament on the subject (former Bill C-5) be taken into consideration by the committee in the current session; and that the committee proceed with the clause-by-clause consideration of this Bill for its meeting scheduled on Tuesday, October 27, 2020, provided that the deadline to submit amendments to the clerk of the committee be set to Friday, October 23, at noon EDT;

2. That the members provide the clerk with the names of their suggested witnesses for the expected referral and study of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), no later than Tuesday, October 27, 2020, at noon EDT; that the analysts also propose witnesses for the study; and that the committee put aside 15 minutes before the scheduled ending time of its meeting of Thursday, October 29, 2020, to select witnesses (in public mode);

3. That the Subcommittee meet later in the fall to discuss further studies.

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

It was agreed, — That the committee also proceed with the consideration of the Supplementary Estimates (B), 2020–21 at its meeting on Thursday, October 29, 2020, which will already address the 2020–21 Main Estimates.

Department of Justice
• Stephen Zaluski, General Counsel and Director, Judicial Affairs Section
• Adair Crosby, General Counsel, Judicial Affairs Section
• Gillian Blackell, Senior Counsel and Team Lead, Criminal Law Policy Section
Pursuant to the order of reference of Monday, October 19, 2020, the committee commenced consideration of Bill C-3, An Act to amend the Judges Act and the Criminal Code.

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

Pursuant to Standing Order 75(1), consideration of the Preamble was postponed.

The Chair called Clause 1.

On Clause 1,

Greg Fergus moved, — That Bill C-3, in Clause 1, be amended by replacing line 22 on page 2 with the following:

“context, which includes systemic racism and systemic discrimination, including by attending seminars established”

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

YEAS: Jaime Battiste, Michael Cooper, Greg Fergus, Kerry-Lynne D. Findlay, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

Clause 1, as amended, carried on the following recorded division:

YEAS: Jaime Battiste, Michael Cooper, Greg Fergus, Kerry-Lynne D. Findlay, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

On Clause 2,

Pursuant to the order adopted by the committee on Thursday, October 15, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 2, be amended by replacing line 28 on page 2 with the following:

“al assault law and social context, which includes race, gender identity and the various ways in which systemic oppression shapes our society;”

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

YEAS: — 0;

NAYS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 11.

Greg Fergus moved, — That Bill C-3, in Clause 2, be amended by replacing line 28 on page 2 with the following:

“al assault law and social context, which includes systemic racism and systemic discrimination;”

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

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

Rhéal Éloi Fortin moved, — That Bill C-3, in Clause 2, be amended by replacing line 31 on page 2 with the following:

“(3) The Council should ensure that seminars on matters re-”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was agreed to on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Alistair MacGregor — 1.

Pursuant to the order adopted by the committee on Thursday, October 15, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 2, be amended by replacing line 2 on page 3 with the following:

“persons, groups and organizations that support them, including Indigenous leaders and representatives of Indigenous communities; and”

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

YEAS: Michael Cooper, Richard Bragdon, Rhéal Éloi Fortin, Alistair MacGregor, Chris Lewis, Rob Moore — 6;

NAYS: Jaime Battiste, James Maloney, Ramesh Sangha, Arif Virani, Greg Fergus — 5.

Rhéal Éloi Fortin moved, — That Bill C-3, in Clause 2, be amended by replacing line 3 on page 3 with the following:

“(b) include, where the Council finds appropriate, instruction in evidentiary prohibitions,”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was agreed to on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Alistair MacGregor — 1.

Pursuant to the order adopted by the committee on Thursday, October 15, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the Committee, was deemed moved:

That Bill C-3, in Clause 2, be amended by replacing line 7 on page 3 with the following:

“plainants that applies an intersectional, anti-racism and anti-systemic oppression lens.”

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

YEAS: — 0;

NAYS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 11.

Clause 2, as amended, carried on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

On Clause 3,

Rhéal Éloi Fortin moved, — That Bill C-3, in Clause 3, be amended by replacing line 11 on page 3 with the following:

“year, the Council should submit to the Minister a report on”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was agreed to on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Alistair MacGregor — 1.

Jaime Battiste moved, — That Bill C-3, in Clause 3, be amended by replacing line 13 on page 3 with the following:

“ters related to sexual assault law and social context, which includes systemic racism and systemic discrimination, that were offered in the”

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

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

Rhéal Éloi Fortin moved, — That Bill C-3, in Clause 3, in the English version, be amended by replacing line 14 on page 3 with the following:

“preceding calendar year. The report should include the fol-”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was agreed to on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Alistair MacGregor — 1.

Rhéal Éloi Fortin moved, — That Bill C-3, in Clause 3, in the English version, be amended by replacing line 20 on page 3 with the following:

“(2) The Minister shall cause a copy of any report received to be”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was agreed to on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 11;

NAYS: — 0.

Clause 3, as amended, carried on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10;

NAYS: Rhéal Éloi Fortin — 1.

On Clause 4,

Alistair MacGregor moved, — That Bill C-3, in Clause 4, be amended by replacing line 8 on page 4 with the following:

“provided in writing and made publicly available.”

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

YEAS: Alistair MacGregor — 1;

NAYS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 10.

Clause 4 carried on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 11;

NAYS: — 0.

On the Preamble,

Pursuant to the order adopted by the committee on Thursday, October 15 2020, the following amendment, submitted by Jenica Atwin for the consideration of the Committee, was deemed moved:

That Bill C-3, in the preamble, be amended by replacing line 20 on page 1 with the following:

“sault law and social context, which includes race, gender identity and the various ways in which systemic oppression shapes our society;”

The Chair ruled the proposed amendment inadmissible because it sought to amend the preamble. As House of Commons Procedure and Practice, Third Edition, states on page 774: “In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”

The Preamble carried on the following recorded division:

YEAS: Jaime Battiste, Richard Bragdon, Michael Cooper, Greg Fergus, Rhéal Éloi Fortin, Chris Lewis, Alistair MacGregor, James Maloney, Rob Moore, Ramesh Sangha, Arif Virani — 11;

NAYS: — 0.

By unanimous consent, the Title carried.

By unanimous consent, the Bill, as amended, was adopted.

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

ORDERED, — That Bill C-3, as amended, be reprinted for the use of the House of Commons at report stage.

At 1:07 p.m., the committee adjourned to the call of the Chair.



Marc-Olivier Girard
Clerk of the Committee