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MINUTES OF PROCEEDINGS

Meeting No. 4

Thursday, November 25, 1999

The Standing Committee on Justice and Human Rights met at 10:10 a.m. this day, in Room 371, West Block, the Chair, The Hon. Andy Scott, presiding.

Members of the Committee present: Reg Alcock, Michel Bellehumeur, Carolyn Bennett, Chuck Cadman, Aileen Carroll, Ivan Grose, Peter MacKay, John Maloney, John McKay, John Reynolds, Jacques Saada and The Hon. Andy Scott.

Acting Members present: Dan McTeague for Paul DeVillers and Suzanne Tremblay for Pierrette Venne.

In attendance: From the Library of Parliament: Philip Rosen, Senior Analyst; Marilyn Pilon, Researcher.

Witnesses: From the Department of Justice: Yvan Roy, Senior General Counsel, Criminal Law Policy Section; Hal Pruden, Counsel, Criminal Law Policy Section.

The Committee considered its future business in camera.

It was agreed, - That the witness list submitted by Michel Bellehumeur and the various organizations having requested to appear, as of this date, be invited to do so on Bill C-3.

It was moved, - That the Committee continue with its past policy of not hearing from elected provincial officials.

After debate, the motion was agreed to on recorded division.

At 10:50 a.m., the sitting was suspended.

At 10:55 a.m., the sitting resumed in public.

The Order of Reference dated Thursday, October 14, 1999, being now read as follows:

ORDERED, -- That Bill C-202, An Act to amend the Criminal Code (flight) be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The Chair called Clause 1.

The witnesses answered questions.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Clause 1 was negatived.

On Clause 2,

Dan McTeague moved, -- That Bill C-202, in Clause 2, be amended by replacing line 4 on page 2 with the following:

"vehicle, fails, without reasonable excuse and in"

The question being put on the amendment, it was adopted.

Dan McTeague moved, -- That Bill C-202, in Clause 2, be amended by replacing lines 9 to 11 on page 2 with the following:

"under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction."

The question being put on the amendment, it was adopted.

Dan McTeague moved, -- That Bill C-202, in Clause 2, be amended by replacing lines 12 to 21 on page 2 with the following:

Flight causing bodily harm or death "(3) Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances. Punishment (4) Every person who commits an offence under subsection (3) (a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and (b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life."

The question being put on the amendment, it was adopted.

Clause 2, as amended, carried.

Clause 3 carried.

On Clause 4,

Dan McTeague moved, -- That Bill C-202, in Clause 4, be amended by replacing lines 1 to 3 on page 3 with the following:

"under section 249 or subsection 249.1(3), the accused may be convicted of an offence under section 249 or subsection 249.1(3), as the case may be."

The question being put on the amendment, it was adopted.

Clause 4 as amemded, carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-202, An Act to amend the Criminal Code (flight), as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-202 with amendments to the House as the 1st Report of the Committee.

At 11:10 a.m., the Committee adjourned to the call of the Chair.

 

Roger Préfontaine

Clerk of the Committee