SECU Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 41

Thursday, December 3, 2009

The Standing Committee on Public Safety and National Security met at 11:37 a.m. this day, in Room 214, Wellington Building, the Chair, Garry Breitkreuz, presiding.

Members of the Committee present: Garry Breitkreuz, Don Davies, Shelly Glover, Mark Holland, Andrew Kania, Dave MacKenzie, Phil McColeman, Serge Ménard, Rick Norlock and Brent Rathgeber.

Acting Members present: Scott Andrews for Mark Holland, Sukh Dhaliwal for Robert Oliphant and Roger Gaudet for Maria Mourani.

In attendance: Library of Parliament: Lyne Casavant, Analyst ; Tanya Dupuis, Analyst . House of Commons: Mike MacPherson, Legislative Clerk.

Witnesses: Department of Public Safety and Emergency Preparedness: Mary E. Campbell, Director General, Corrections and Criminal Justice Directorate. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Monday, June 8, 2009, the Committee resumed consideration of Bill C-34, An Act to amend the Criminal Code and other Acts.

The witnesses answered questions.

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

The Committee resumed consideration of the amendment of Serge Ménard, — That Bill C-34 be amended by adding after line 31 on page 28 the following new clause:

“34.1 Paragraph 8(a) of the Act is amended by adding the following after subparagraph (vi):

(vi.1) the person's modus operandi,”

And of the subamendment of Dave MacKenzie, — That the amendment be amended by replacing the words “modus operandi” with the words “method of operation”.

After debate, the question was put on the subamendment of Dave MacKenzie and it was agreed to.

Dave MacKenzie moved, — That the amendment be amended by adding after the word “operation” the following:

“in relation to the offence or offences, if that information is available to the person who registers information”

After debate, the question was put on the subamendment of Dave MacKenzie and it was agreed to.

The question was put on the amendment of Serge Ménard, as amended, and it was agreed to.

On Clause 35,

Serge Ménard moved, — That Bill C-34, in Clause 35, be amended by adding after line 3 on page 29 the following:

“(2.1) Subsection 8.1(1) of the Act is amended by adding the following after paragraph (g):

(g.1) the person's method of operation in relation to the offence or offences, if that information is available to the person who registers information;”

After debate, the question was put on the amendment of Serge Ménard and it was agreed to.

Clause 35, as amended, carried.

Serge Ménard moved, — That Bill C-34 be amended by adding after line 10 on page 30 the following new clause:

“35.1 (1) Subsection 8.2(1) of the Act is amended by stricking out “and” at the end of paragraph (f) and by adding the following after that paragraph:

(f.1) the person's method of operation; and

(2) Subsection 8.2(2) of the Act is amended by stricking out “and“ at the end of paragraph (g) and by adding the following after that paragraph:

(g.1) the person's method of operation; and”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

On Clause 36,

Dave MacKenzie moved, — That Bill C-34, in Clause 36, be amended by replacing line 11 on page 30 with the following:

“36. (1) Subsection 8.2(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):

(f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

(2) Subsection 8.2(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (g):

(g.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

(3) Subsection 8.2(6) of the Act is replaced”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

Clause 36, as amended, carried.

By unanimous consent, Clauses 37 and 38 carried.

On Clause 39,

Dave MacKenzie moved, — That Bill C-34, in Clause 39, be amended by

(a) adding after line 34 on page 31 the following:

“(c) the date of a sex offender’s release or discharge.”

(b) adding after line 4 on page 32 the following:

“(c) the date of a sex offender’s release or discharge.”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

Clause 39, as amended, carried.

By unanimous consent, Clauses 40 to 59 inclusive carried.

On new Clause 59.1,

Don Davies moved, — That Bill C-34 be amended by adding after line 3 on page 45 the following new clause:

“REVIEW

59.1 (1) Two years after this Act receives royal assent, the Standing Committee of the House of Commons on Public Safety and National Security, or such other parliamentary committee as Parliament may designate for the purposes of this section, shall review and report to Parliament on the operation of the following provisions of this Act:

(a) those provisions that amend the Criminal Code to make subject to an order for automatic inclusion in the national registry sex offenders who are found guilty of an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or those who are found not criminally responsible for such offences on account of mental disorder; and

(b) those provisions that amend the Sex Offender Information Registration Act to expand the purpose of that Act to include the prevention of crimes of a sexual nature.

(2) The report shall include a description of any recommended amendments to the provisions referred to in subsection (1).”

After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

By unanimous consent, Clauses 60 to 62 inclusive carried.

Schedule 1 carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-34, as amended, be reprinted for the use of the House at report stage.

At 11:57 a.m., the sitting was suspended.

At 12:06 p.m., the sitting resumed in camera.

Pursuant to Standing Order 108(2) and section 21.1 of the Sex Offender Information Registry Act, the Committee resumed the statutory review of the Act.

The Committee resumed consideration of a draft report.

It was agreed, — That the draft report be adopted.

It was agreed, — That, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

It was agreed, — That the Chair, Clerk and analyst be authorized to make such grammatical and editorial changes as may be necessary without changing the substance of the report.

It was agreed, — That 150 copies, in bilingual format, be printed.

It was agreed, — That the Chair present the report to the House.

At 12:24 p.m., the sitting was suspended.

At 12:26 p.m., the sitting resumed.

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

It was agreed, — That the Committee hear Howard Sapers, Correctional Investigator, on January 26, 2010, in the context of its study entitled “Federal corrections: mental health and addiction”.

It was agreed, — That on Bill C-391, An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry), the Committee consider a witness list on February 9, 2010, hear witnesses on February 11, 23, 25, 2010, and on March 2 and 4, 2010, and that clause-by-clause consideration take place on March 9 and 11, 2010.

At 1:01 p.m., the Committee adjourned to the call of the Chair.

Roger Préfontaine
Clerk of the Committee

2010/03/04 9:46 a.m.