FAIT Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 52
Thursday, June 1st, 2000
The Standing Committee on Foreign Affairs and International Trade met at 9:30 a.m. this day, in Room 371, West Block, the Chair, Bill Graham, presiding.
Members of the Committee present: Jean Augustine, Colleen Beaumier, Maud Debien, Bill Graham, Francine Lalonde, Diane Marleau, Denis Paradis, Bernard Patry, Bob Speller.
Acting Members present: Irwin Cotler for Sarkis Assadourian; Eleni Bakopanos for Ted McWhinney; Daniel Turp for Yves Rocheleau; Gary Lunn for Gurmant Grewal.
From the Parliamentary Research Branch of the Library of Parliament: David Goetz and Gerald Schmitz Research Officers. From Legal & Legislative Services: Susan Baldwin, Legislative Clerk, Anne Marie Hébert, Legislative Counsel, Philippe Méla, Legislative Translator.
Witnesses: From the Department of Foreign Affairs and International Trade: Darryl Robinson, Legal Officer, United Nations, Human Rights and Humanitarian Law Section. From the Department of Justice: Donald K. Piragoff, General Counsel, Criminal Law Policy Section.
Pursuant to its Order of Reference of Monday, May 8, 2000, the Committee resumed consideration of Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts (See Minutes of Proceedings, Thursday, May 11, 2000 , Meeting No. 45).
The Committee proceeded to Clause-by-Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
On Clause 2,
Irwin Cotler moved, -- That Bill C-19, in Clause 2, be amended by replacing line 7 on page 2 with following:
November 10, 1998, July 12, 1999, November 30, 1999 and May 8, 2000, por-
Gary Lunn moved, --That in amendment to the amendment, that the word por- be deleted and that there be added immediately thereafter "which is set out in the schedule".
After debate thereon, by unanimous consent, Gary Lunn was allowed to withdraw his amendment.
The question being put on the amendment, it was adopted.
Clause 2, as amended, carried.
Daniel Turp moved, -- That Bill C-19 be amended by adding after line 11 on page 2 the following new clause:
Ruling by the Chair
Bill C-19 relates to all implementation of Canada's obligations under the Rome Statute. The amendment proposed by the Honourable Member has the effect of approving the treaty. Therefore, I find this amendment to be out of order as it goes beyond the scope of the bill.
Whereupon, Daniel Turp appealed the decision of the Chair.
And the question being put by the Chair:
Shall the decision of the Chair be sustained?
The decision was sutained on division.
Clause 3 carried.
On Clause 4,
Gary Lunn moved, -- That Bill C-19, in Clause 4, be amended by adding after line 18 on page 2 the following:
By unanimous consent, the motion was withdrawn.
Irwin Cotler moved, -- That Bill C-19, in Clause 4, be amended by
(a) adding after line 18 on page 2 the following:
Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
(b) replacing line 20 on page 2 with the following:
under subsection (1) or (1.1)
The question being put on the amendment, it was adopted.
Irwin Cotler moved, -- That Bill C-19, in Clause 4, be amended by replacing lines 28 to 33 on page 2 with the following:
"crime against humanity"
« crime contre l'humanité »
"crime against humanity" means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
"genocide"
« génocide »
"genocide" means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
"war crime"
« crime de guerre »
"war crime" means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
Interpretation - customary international law
(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law. This does not limit or prejudice in any way the application of existing or developing rules of international law.
The question being put on the amendment, it was adopted.
Gary Lunn moved, -- That Bill C-19, in Clause 4, be amended by replacing line 33 on page 2 with the following:
"graph 2, excluding clause 2 (b) (viii), of article 8 of the Rome Statute."
The question being put on the amendment, it was negatived.
Clause 4, as amended, carried.
On Clause 5,
Irwin Cotler moved, -- That Bill C-19 be amended by adding after line 15 on page 4 the following:
Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.
The question being put on the amendment, it was adopted.
Irwin Cotler moved, -- That Bill C-19, in Clause 5, be amended by replacing line 17 on page 4 with the following:
under subsection (1), (2) or (2.1) is liable to
The question being put on the amendment, it was adopted.
Clause 5, as amended, carried.
On Clause 6,
Irwin Cotler moved, -- That Bill C-19, in Clause 6, be amended by
(a) adding after line 36 on page 4 the following:
Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
(b) replacing line 38 on page 4 with the following:
under subsection (1) or (1.1)
The question being put on the amendment, it was adopted.
Irwin Cotler moved, -- That Bill C-19, in Clause 6, be amended by replacing line 9 on page 5 with the following:
sion that is committed against any civilian population or any identifiable group and that, at the time and in the place of its
The question being put on the amendment, it was adopted.
Clause 6, as amended, carried.
On Clause 7,
Irwin Cotler moved, -- That Bill C-19, in Clause 7, be amended by
(a) adding after line 34 on page 7 the following:
Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.
(b) replacing lines 36 and 37 on page 7 with the following:
committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in
(c) replacing line 40 on page 7 with the following:
under subsection (1), (2) or (2.1) is liable to
The question being put on the amendment, it was adopted.
Clause 7, as amended, carried.
On Clause 8,
Irwin Cotler moved, -- That Bill C-19, in Clause 8, be amended by replacing lines 36 to 41 on page 8 with the following:
(b) after the time the offence is alleged to have been committed, the person is
The question being put on the amendment, it was adopted.
Clause 8, as amended, carried on division.
Clause 9 carried.
Clause 10 carried.
Clause 11 carried.
On new Clause ( 11.1 )
Gary Lunn moved, -- That Bill C-19 be amended by adding after line 41 on page 9 the following new clause:
The question being put on the amendment, it was negatived.
On Clause 12,
Gary Lunn moved, -- That Bill C-19, in Clause 12, be amended by adding after line 21 on page 10 the following:
By unanimous consent, the motion was withdrawn.
Clause 12 carried.
Clause 13 carried.
On Clause 14,
Gary Lunn moved, -- That Bill C-19, in Clause 14, be amended by replacing lines 34 to 40 on page 10 and lines 1 to 11 on page 11 with the following:
"forms the subject-matter of the offence."
The question being put on the amendment, it was negatived.
Clause 14 carried.
On Clause 15,
Irwin Cotler moved, -- That Bill C-19, in Clause 15, be amended by
(a) replacing line 34 on page 11 with the following:
Code;
(b) replacing line 42 on page 11 with the following:
forms the basis of the offence; and
(d) imprisonment for life with normal eligibility for parole, in any other case.
Parole eligibility
(1.1) The sentence pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life with normal eligibility for parole.
(c) replacing line 21 on page 12 with the following:
is deemed to be a reference to subsection (1) or (1.1)
The question being put on the amendment, it was adopted.
Clause 15, as amended, carried.
Clause 16 carried.
Clause 17 carried.
Clause 18 carried.
Clause 19 carried.
Clause 20 carried.
Clause 21 carried.
Clause 22 carried.
Clause 23 carried.
Clause 24 carried.
At 12:15 p.m., the Committee adjourned to the call of the Chair.
Marie Danielle Vachon
Clerk of the Committee