JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 29

Thursday, March 29, 2012

The Standing Committee on Justice and Human Rights met at 11:00 a.m. this day, in Room 8-53, 131 Queen Street, the Chair, Dave MacKenzie, presiding.

Members of the Committee present: Françoise Boivin, Charmaine Borg, Hon. Irwin Cotler, Kerry-Lynne D. Findlay, Robert Goguen, Jack Harris, Pierre Jacob, Brian Jean, Dave MacKenzie, Brent Rathgeber, Kyle Seeback and Stephen Woodworth.

Acting Members present: Sean Casey for Hon. Irwin Cotler.

In attendance: Library of Parliament: Dominique Valiquet, Analyst ; Cynthia Kirkby, Analyst . House of Commons: Mike MacPherson, Legislative Clerk ; Chloé O'Shaughnessy, Legislative Clerk.

Witnesses: John Howard Society of Canada: Catherine Latimer, Executive Director. As an individual: Leonardo S. Russomanno, Criminal Defence Counsel, Webber Schroeder Goldstein Abergel.

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

It was agreed, — That in relation to the study of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), the proposed budget in the amount of $4,900.00, be adopted.

Pursuant to the Order of Reference of Thursday, February 2, 2012, the Committee resumed consideration of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).

The Chair called Clause 1.

The witnesses made statements and answered questions.

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

On Clause 1,

Françoise Boivin moved, — That Bill C-217, in Clause 1, be amended by replacing line 16 on page 1 with the following:

“cemetery, if the commission of the mischief is motivated by bias, prejudice or hate, is guilty of an indictable offence or an”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Françoise Boivin appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Sean Casey, Kerry-Lynne D. Findlay, Robert Goguen, Brian Jean, Brent Rathgeber, Kyle Seeback, Stephen Woodworth — 7; NAYS: Françoise Boivin, Charmaine Borg, Jack Harris, Pierre Jacob — 4.

Jack Harris moved, — That Bill C-217, in Clause 1, be amended by deleting lines 19 to 28 on page 1.

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Robert Goguen moved, — That Bill C-217, in Clause 1, be amended by replacing line 3 on page 2 with the following:

“exceeding 10 years; and”

After debate, the question was put on the amendment of Robert Goguen and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Jack Harris moved, — That Bill C-217, in Clause 1, be amended by adding after line 6 on page 2 the following:

“(4.12) A court may delay imposing a punishment on a person convicted of an offence under subsection (4.11) to enable the person to make reparations for harm done to victims and the community. If the person makes reparations that, in the opinion of the court, are appropriate, the court may impose a punishment that is less than the minimum punishment provided for in that subsection.”

Debate arose thereon.

At 1:00 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2012/03/30 2:26 p.m.