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Wednesday, November 30, 2011 (No. 57)

Report Stage of Bills

Bill C-10

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 -- Motions Nos. 1, 2, 5 and 8.

Group No. 2 -- Motions Nos. 20 to 36, 38, 39, 41, 43, 45, 47, 51, 86 and 87.

Group No. 3 -- Motions Nos. 53, 62 and 64 to 69.

Group No. 4 -- Motions Nos. 70, 71, 73, 76 to 78, 80 and 81.

Group No. 5 -- Motions Nos. 82 to 85.

Statement and selection by Speaker — see Debates of November 29, 2011.

Resuming Debate

Group No. 1

Motion No. 1 -- Question put separately.

Motion No. 2 -- Question put separately.

Motion No. 5 -- Question put separately.

Motion No. 1 — November 29, 2011 — , seconded by , — That Bill C-10 be amended by deleting clause 1.

Motion No. 2 — November 29, 2011 — , seconded by , — That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following:

““terrorism” includes torture.

“torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”

Motion No. 5 — November 29, 2011 — , seconded by , — That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following:

“(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that

(a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and

(b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”

Notices of Motions

Group No. 2

Motion No. 20 -- Question put separately.

Motion No. 21 -- Question put separately.

Motion No. 22 -- Question put separately.

Motion No. 23 -- Question put separately.

Motion No. 24 -- Question put separately.

Motion No. 25 -- Question put separately.

Motion No. 26 -- Question put separately.

Motion No. 27 -- Question put separately.

Motion No. 28 -- Question put separately.

Motion No. 29 -- Question put separately.

Motion No. 30 -- Question put separately.

Motion No. 31 -- Question put separately.

Motion No. 32 -- Question put separately.

Motion No. 33 -- Question put separately.

Motion No. 34 -- Question put separately.

Motion No. 35 -- Question put separately.

Motion No. 36 -- Question put only if Motion No. 35 is negatived.

Motion No. 38 -- Question put only if Motion No. 35 is negatived.

Motion No. 39 -- Question put only if Motion No. 35 is negatived.

Motion No. 41 -- Question put separately.

Motion No. 43 -- Question put separately.

Motion No. 45 -- Question put separately.

Motion No. 47 -- Question put only if Motion No. 45 is negatived.

Motion No. 51 -- Question put separately.

Motion No. 86 -- Question put separately.

Motion No. 87 -- Question put separately.

Motion No. 20 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 11.

Motion No. 21 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 12.

Motion No. 22 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 13.

Motion No. 23 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 14.

Motion No. 24 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 15.

Motion No. 25 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 17.

Motion No. 26 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 19.

Motion No. 27 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 20.

Motion No. 28 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 21.

Motion No. 29 — November 24, 2011 — — That Bill C-10, in Clause 22, be amended by deleting lines 16 to 28 on page 14.

Motion No. 30 — November 24, 2011 — — That Bill C-10, in Clause 23, be amended by deleting lines 14 to 24 on page 15.

Motion No. 31 — November 24, 2011 — — That Bill C-10, in Clause 23, be amended by deleting lines 17 to 29 on page 16.

Motion No. 32 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 25.

Motion No. 33 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 26.

Motion No. 34 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 27.

Motion No. 35 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 34.

Motion No. 36 — November 24, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 21 on page 19 with the following:

“742.3, if it is determined that the offender belongs to a specific population or group whose socio-economic or cultural marginalization has resulted in an overrepresentation within the Canadian prison population, including Aboriginal peoples and those with mental health disabilities, or if”

Motion No. 38 — November 24, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 1 on page 20 with the following:

“(ii) involved, for financial gain, the import, export, trafficking”

Motion No. 39 — November 25, 2011 — — That Bill C-10, in Clause 34, be amended by replacing line 3 on page 20 with the following:

“(iii) involved the use of a potentially deadly weapon with intent to do bodily harm in connection with the offence; and”

Motion No. 41 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 39.

Motion No. 43 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 40.

Motion No. 45 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 41.

Motion No. 47 — November 25, 2011 — — That Bill C-10, in Clause 41, be amended by deleting line 38 on page 24 to line 3 on page 25.

Motion No. 51 — November 24, 2011 — — That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following:

“(a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and

(b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”

Motion No. 86 — November 25, 2011 — — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:

“PART 6

GENERAL PROVISION

Sunset Provision

209. The following provisions of the Criminal Code and Controlled Drugs and Substances Act, as amended by this Act, are to cease to have effect at the end of the fifteenth sitting day of Parliament after December 31, 2017 unless, before the end of that day, the application of those provisions is extended by a resolution passed by both Houses of Parliament that any such provisions continue to be in force:

(a) paragraphs 151(a) and (b), 152(a) and (b) and 153(1.1)(a) and (b), subsections 155(2) and 160(3), paragraphs 163.1(2)(b), 163.1(3)(b), 163.1(4)(a) and (b), 163.1(4.1)(a) and (b), 170(a) and (b) and 171(b), subsections 171.1(2), 172.1(2) and 173(2), section 271 and paragraphs 272(2)(a.2), 273(2)(a.2) and 742.1(b) of the Criminal Code; and

(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act.”

Motion No. 87 — November 28, 2011 — — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:

“PART 6

GENERAL PROVISION

Review

209. (1) Within one year after any of the provisions listed in subsection (2) come into force and every year thereafter for a period of five years, the appropriate standing committee of the House of Commons must review the impact of this Act on various population groups, as described in subsection (5), undertake a cost-benefit analysis of mandatory minimum sentences and their impact on the population groups, and prepare a report based on the annual review, which must be laid before the House of Commons on any of the first 15 days that the House is sitting after the report is completed.

(2) For the purposes of subsection (1), the provisions are the following:

(a) paragraph 742.1(b) of the Criminal Code; and

(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act.

(3) Within five years after any of the provisions listed in subsection (2) come into force, a comprehensive review of the impact of the provisions and operation of this Act must be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons.

(4) Within one year after completing the comprehensive review referred to in subsection (3), the committee that undertook the review must submit a report on the comprehensive review to Parliament, including any recommendations in respect of the provisions and operation of this Act and the costs, benefits and impacts of mandatory minimum sentences.

(5) The review, referred to in subsection (1), of the impact of this Act on aboriginal peoples, women, youth, members of visible and ethnic minorities, and individuals with mental health disabilities must contain the most current information available, including that which is received from the provinces and territories, on the following matters in respect of each population group:

(a) the impact of this Act on existing penitentiaries, correctional institutions, community-based correctional facilities and correctional services, including their immediate and long-term capacity to function and to properly serve the population group;

(b) the estimated number of criminal cases this Act impacts annually within the population group; and

Group No. 3

Motion No. 53 -- Question put separately.

Motion No. 62 -- Question put separately.

Motion No. 64 -- Question put separately.

Motion No. 65 -- Question put only if Motion No. 64 is negatived.

Motion No. 66 -- Question put only if Motion No. 64 is negatived.

Motion No. 67 -- Question put only if Motion No. 64 is negatived.

Motion No. 68 -- Question put only if Motion No. 64 is negatived.

Motion No. 69 -- Question put only if Motion No. 64 is negatived.

Motion No. 53 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 54.

Motion No. 62 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 108.

Motion No. 64 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 136.

Motion No. 65 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing line 14 on page 74 with the following:

“shall consider the following factors:”

Motion No. 66 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing lines 15 to 17 on page 74 with the following:

“(a) whether, based on evidence and expert opinion pertaining to the offender, the Minister determines that the offender's return to Canada would constitute a threat to the security of Canada;”

Motion No. 67 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing lines 18 and 19 on page 74 with the following:

“(b) whether, based on evidence and expert opinion, the Minister determines that the offender's return to Canada to serve their sentence would endanger”

Motion No. 68 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by deleting lines 8 to 10 on page 75.

Motion No. 69 — November 24, 2011 — — That Bill C-10, in Clause 136, be amended by replacing line 21 on page 75 with the following:

“enforcement agency, except if the relevant local law enforcement agencies are known or suspected to be complicit in torture or any other form of human rights violation; or”

Group No. 4

Motion No. 70 -- Question put separately.

Motion No. 71 -- Question put separately.

Motion No. 73 -- Question put only if Motion No. 71 is negatived.

Motion No. 76 -- Question put separately.

Motion No. 77 -- Question put separately.

Motion No. 78 -- Question put separately.

Motion No. 80 -- Question put separately.

Motion No. 81 -- Question put separately.

Motion No. 70 — November 24, 2011 — — That Bill C-10, in Clause 167, be amended by replacing line 24 on page 87 with the following:

“(b) an attempt to commit an”

Motion No. 71 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 168.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 28, 2011

Motion No. 73 — November 24, 2011 — — That Bill C-10, in Clause 168, be amended by replacing line 33 on page 87 with the following:

“intended to promote the long-term protection of the public by”

Motion No. 76 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 172.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 25, 2011

Motion No. 77 — November 24, 2011 — — That Bill C-10, in Clause 176, be amended by deleting line 22 on page 91 to line 12 on page 92.

Motion No. 78 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 183.

Motion No. 80 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 185.

Pursuant to Standing Order 76.1(2), notice also received from:

— November 25, 2011

— November 28, 2011

Motion No. 81 — November 24, 2011 — — That Bill C-10 be amended by deleting Clause 190.

Group No. 5

Motion No. 82 -- Question put separately.

Motion No. 83 -- Question put only if Motion No. 82 is negatived.

Motion No. 85 -- Question put only if Motion No. 83 is agreed.

Motion No. 84 -- Question put only if Motion No. 82 is negatived.

Motion No. 82 — November 25, 2011 — — That Bill C-10 be amended by deleting Clause 206.

Motion No. 83 — November 24, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 16 on page 101 with the following:

“the instructions, based on certain evidence and criteria, given by the Minister justify”

Motion No. 84 — November 24, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 23 on page 101 with the following:

“nationals who, on the basis of reasonable grounds, are believed to be at risk of being subjected to”

Motion No. 85 — November 25, 2011 — — That Bill C-10, in Clause 206, be amended by replacing line 26 on page 101 with the following:

“(1.5) The instructions, as well as the criteria referred to in subsection (1.2), shall be published in”