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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 91
Monday, December 11, 2023, 3:35 p.m. to 5:34 p.m.
Webcast
Presiding
Karen Vecchio, Chair (Conservative)

House of Commons
• Dancella Boyi, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Clare Annett, Analyst
• Alexia Lagacé-Roy, Analyst
Department of Justice
• Chelsea Moore, Acting Senior Counsel, Criminal Law Policy Section
• Julia Nicol, Counsel, Criminal Law Policy Section
Pursuant to the order of reference of Wednesday, November 1, 2023, the committee resumed consideration of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders).

Chelsea Moore and Julia Nicol answered questions.

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

The committee resumed consideration of the subamendment of Leslyn Lewis, — That Motion G-3, proposing, in paragraph (a), to amend Clause 2 of Bill S-205 by replacing lines 9 to 12 on page 2, be amended by replacing “fears on reasonable” with the following:

“believes on reasonable and probable”

At 3:39 p.m., the sitting was suspended.

At 3:41 p.m., the sitting resumed.

By unanimous consent, the subamendment was withdrawn.

The committee resumed consideration of the amendment of Sonia Sidhu, — That Bill S-205, in Clause 2, be amended by

(a) replacing lines 9 to 12 on page 2 with the following:

“810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information”

(b) replacing line 32 to 34 on page 2 with the following:

“(5) The provincial court judge may commit the defen-”

(c) replacing line 1 on page 3 with the following:

“(6)  The provincial court judge may add any reasonable”

(d) replacing lines 4 and 5 on page 3 with the following:

“or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including condi-”

(e) replacing line 20 on page 3 with the following:

“rectly, with the intimate partner, a child of the intimate partner or”

(f) replacing lines 1 to 5 on page 4 with the following:

“(7)  The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or”

(g) replacing lines 14 and 15 on page 4 with the following:

“(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge”

(h) replacing lines 22 and 23 on page 4 with the following:

“(9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the”

(i) replacing lines 26 and 27 on page 4 with the following:

“(10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in”

(j) replacing lines 29 to 31 on page 4 with the following:

“(11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their”

(k) replacing line 33 on page 4 with the following:

“(12) A warrant of committal to prison for failure or re-”

The question was put on the amendment of Sonia Sidhu and it was agreed to on the following recorded division:

YEAS: Leah Gazan, Lisa Hepfner, Emmanuella Lambropoulos, Andréanne Larouche, Marc G. Serré, Sonia Sidhu, Anita Vandenbeld — 7;

NAYS: Michelle Ferreri, Leslyn Lewis, Dominique Vien — 3.

Sonia Sidhu moved, — That Bill S-205, in Clause 2, be amended by replacing, in the English version, lines 15 and 16 on page 2 with the following:

“under subsection (1) may cause the parties to appear”

At 4:52 p.m., the sitting was suspended.

At 4:58 p.m., the sitting resumed.

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

YEAS: Leah Gazan, Lisa Hepfner, Emmanuella Lambropoulos, Andréanne Larouche, Marc G. Serré, Sonia Sidhu, Anita Vandenbeld — 7;

NAYS: Michelle Ferreri, Leslyn Lewis, Dominique Vien — 3.

Sonia Sidhu moved, — That Bill S-205, in Clause 2, be amended by

(a) replacing line 23 on page 2 with the following:

“not more than 12 months.”

(b) replacing line 30 on page 2 with the following:

“into the recognizance for a period of not more than two”

(c) replacing line 35 on page 2 with the following:

“dant to prison for a term not exceeding 12 months if the”

Debate arose thereon.

At 5:34 p.m., the committee adjourned to the call of the Chair.



Natalie Jeanneault
Committee clerk