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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 92
Tuesday, January 30, 2024, 11:09 a.m. to 1:03 p.m.
Webcast
Presiding
Sonia Sidhu, Vice-Chair (Liberal)

House of Commons
• Dancella Boyi, Legislative Clerk
• Émilie Thivierge, 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 amendment of Sonia Sidhu, — 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”

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, Marc G. Serré, Anita Vandenbeld — 5;

NAYS: Michelle Ferreri, Anna Roberts, Dominique Vien — 3.

Leah Gazan moved, — That Bill S-205, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.”

At 11:49 a.m., the sitting was suspended.

At 11:51 a.m., the sitting resumed.

After debate, the question was put on the amendment of Leah Gazan and it was agreed to.

Lisa Hepfner moved, — That Bill S-205, in Clause 2, be amended by

(a) replacing line 14 on page 3 with the following:

“(c) to refrain from going to any specified place or being within a specified distance of any specified place, except”

(b) replacing lines 24 and 25 on page 3 with the following:

“(f) to abstain from the consumption of drugs — ex-”

(c) replacing line 28 on page 3 with the following:

“(g)  to provide, for the purpose of analysis, a sample of”

(d) replacing line 38 on page 3 with the following:

“(h)  to provide, for the purpose of analysis, a sample of”

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

Lisa Hepfner moved, — That Bill S-205, in Clause 2, be amended by replacing, in the English version, line 22 on page 3 with the following:

“intimate partner, except in accordance with any specified”

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to.

Clause 2, as amended, carried.

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

Motion

Michelle Ferreri moved, — Due to the escalating cost of living, especially in housing, food prices, home heating, and gas, the committee undertake a study to investigate the financial challenges faced by single-income parents, including single mothers, with a view of making recommendations to the government that will make life more affordable for them, the study take up no less than 6 meetings and invite the Minister of Families, Children, and Social Development, the Minister of Women and Gender Equality, and the Minister of Housing, Infrastructure and Communities, to appear for one hour each, and that the committee report its findings and recommendations to the House.

Debate arose thereon.

Motion

Anita Vandenbeld 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: Leah Gazan, Lisa Hepfner, Emmanuella Lambropoulos, Marc G. Serré, Anita Vandenbeld — 5;

NAYS: Michelle Ferreri, Andréanne Larouche, Anna Roberts, Dominique Vien — 4.

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 clause-by-clause consideration on Clause 3 of the Bill.

On Clause 3,

Lisa Hepfner moved, — That Bill S-205, in Clause 3, be amended by

(a) replacing line 10 on page 5 with the following:

“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g),”

(b) replacing line 15 on page 5 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i)”

(c) replacing line 2 on page 6 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or”

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to.

Clause 3, as amended, carried.

On Clause 6,

Lisa Hepfner moved, — That Bill S-205, in Clause 6, be amended by replacing line 31 on page 7 with the following:

“(e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (sec-”

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to.

The committee resumed consideration of the amendment of Sonia Sidhu, — That Bill S-205, in Clause 6, be amended by

(a) replacing lines 34 and 35 on page 7 with the following:

“directly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner,”

(b) replacing line 37 on page 7 with the following:

“that the judge considers necessary (section 810.03”

After debate, the question was put on the amendment of Sonia Sidhu and it was agreed to.

Lisa Hepfner moved, — That Bill S-205, in Clause 6, be amended by

(a) deleting lines 39 to 40 on page 7;

(b) adding after line 44 on page 7 the following:

“(f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);”

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to.

Clause 6, as amended, carried.

On Clause 7,

Lisa Hepfner moved, — That Bill S-205, in Clause 7, be amended by replacing line 13 on page 8 with the following:

“810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and”

At 12:48 p.m., the sitting was suspended.

At 12:54 p.m., the sitting resumed.

After debate, the question was put on the amendment of Lisa Hepfner and it was agreed to.

Clause 7, as amended, carried.

On Clause 8,

Lisa Hepfner moved, — That Bill S-205, in Clause 8, be amended by replacing lines 18 to 21 on page 8 with the following:

“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, and a provincial”

Debate arose thereon.

At 1:03 p.m., the committee adjourned to the call of the Chair.



Stephanie Bond
Clerk of the committee