JUST Committee Meeting
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Minutes of Proceedings
A point of order was raised with regard to the order of the House.
RULING BY THE CHAIR
The Chair ruled that pursuant to the order of the House, subamendments cannot be moved.
Whereupon, Roman Baber 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: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 11.1 of the Bill.
“CLARIFICATION
Hate propaganda
11.1 (1) For greater certainty, nothing in subsection 319(2) or (2.2) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote hatred against an identifiable group by communicating the statement.
(2) For greater certainty, nothing in subsection 319(2.1) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote antisemitism by condoning, denying or downplaying the Holocaust. ”
The committee resumed consideration of the subamendment of Andrew Lawton, — That the amendment be amended by deleting all the words after the words "or debate" in subsections 11.1(1) and (2).
The question was put on the subamendment of Andrew Lawton and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS : Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
The question was put on the amendment of Patricia Lattanzio and it was agreed to on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
On Clause 4,
Andrew Lawton moved, — That Bill C-9, in Clause 4, be amended by adding after line 2 on page 3 the following:“(6.1) Nothing in this section is to be interpreted or applied so as to interfere with the freedom of expression or the freedom of religion.”
Larry Brock moved, — That the amendment be amended by replacing the words “freedom of expression or the freedom of religion” with the words:
“(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.”.
The question was put on the subamendment of Larry Brock and it was negatived on the following recorded division:
YEAS: Roman Baber, Kathy Borrelli, Larry Brock, Andrew Lawton — 4;
NAYS : Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
The question was put on the amendment of Andrew Lawton and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“hatred means the emotion that involves extreme detestation or”
By unanimous consent, the amendment was withdrawn.
“hatred means the emotion that involves extreme detestation or”
By unanimous consent, the amendment was withdrawn.
“hatred means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation;”
The question was put on the amendment of Roman Baber and it was agreed to on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
Clause 4, as amended, carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
On Clause 5,
Larry Brock moved, — That Bill C-9, in Clause 5, be amended(a) by replacing line 13 on page 3 with the following:
“this Act, if the commission”
(b) by replacing line 25 on page 3 with the following:
“under this Act is not, for”
(c) by replacing lines 14 and 15 on page 4 with the following:
“(4) and (5), any provision of this Act — including one in respect of procedure, or‐”
The question was put on the amendment of Larry Brock and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
Clause 5 carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
Clause 6 carried on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
At 4:50 p.m., the meeting was suspended.
At 4:51 p.m., the meeting resumed.
On Clause 7,
Anthony Housefather moved, — That Bill C-9, in Clause 7, be amended by deleting lines 17 and 18 on page 5.The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as stated in section 16.78 of House of Commons Procedure and Practice, Fourth Edition.
“7(1) Subsection 430(4.1) of the Act is replaced by the following:
(4.1) Everyone who commits mischief in relation to a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple — an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to compensate the property owner an amount of not less than $1,000,
(ii) for a second offence, to compensate the property owner an amount of not less than $1,000 and to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to compensate the property owner an amount of not less than $1,000 and to imprisonment for not less than 30 days;
(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
(2) Subsection 430(4.101) of the Act is”
The question was put on the amendment of Andrew Lawton and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
Clause 7 was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
Clause 8 carried on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
Clause 9 carried on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
Clause 10 carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
Clause 11 carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
On new Clause 11.1,
Andrew Lawton moved, — That Bill C-9 be amended by adding after line 12 on page 6 the following new clause:“Interpretation
11.1 Nothing in this Act is to be interpreted or applied so as to limit the freedom of expression.”
The question was put on the amendment of Andrew Lawton and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
At 4:59 p.m., the meeting was suspended.
At 4:59 p.m., the meeting resumed.
On Clause 12,
Larry Brock moved, — That Bill C-9, in Clause 12, be amended by replacing line 13 on page 6 with the following:“12 This Act comes into force 120 days after”
The question was put on the amendment of Larry Brock and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“12 This Act comes into force on the 90th day after”
The question was put on the amendment of Amarjeet Gill and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“12 This Act comes into force 150 days after”
The question was put on the amendment of Andrew Lawton and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“12 This Act comes into force on the 60th day after”
The question was put on the amendment of Roman Baber and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
Clause 12 carried on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
On new Clause 1.1,
Roman Baber moved, — That Bill C-9 be amended by adding before line 5 on page 1 the following new clause:“1.1 Paragraph (a) of the definition terrorism offence in section 2 of the Criminal Code is replaced by the following:
(a) an offence under any of sections 83.02 to 83.04 or 83.171 to 83.23,”
The question was put on the amendment of Roman Baber and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“1.1 The heading before section 83.18 of the Criminal Code is replaced by the following:
Promoting, participating, Facilitating, Instructing and Harbouring
83.171 (1) Every person who, by communicating statements, wilfully promotes any terrorist activity or terrorist group, or any activity of a terrorist group, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
(2) An offence may be committed under subsection (1) whether or not the statements communicated by the accused
(a) specifically or generally relate to a terrorist activity or terrorist group, or to an activity of a terrorist group; or
(b) actually encouraged or instigated any person to participate in a terrorist activity or in an activity of a terrorist group.
(3) No person shall be convicted of an offence under subsection (1) if
(a) they establish that the statements communicated were true;
(b) in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and they believe on reasonable grounds that the statements are true; or
(d) in good faith, they intended to point out, for the purpose of removal, matters promoting or tending to promote a terrorist activity or terrorist group, or an activity of a terrorist group.
(4) In this section, communicating and statements have the same meaning as in subsection 319(7).”
The question was put on the amendment of Roman Baber and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
“1.1 The portion of section 83.26 of the Act before paragraph (a) is replaced by the following:
83.26 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.171 to 83.23 shall be served consecutively to”
The question was put on the amendment of Roman Baber and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
On Clause 2,
Roman Baber moved, — That Bill C-9, in Clause 2, be amended by replacing line 5 on page 1 with the following:“2 (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xii.3):
(xii.31) section 83.171 (wilful promotion of terrorist activity or terrorist group),
(2) Paragraph (a) of the definition offence in sec‐”
The question was put on the amendment of Roman Baber and it was negatived on the following recorded division:
YEAS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4;
NAYS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5.
Clause 2 carried on the following recorded division:
YEAS: Roman Baber, Larry Brock, Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Amarjeet Gill, Anthony Housefather, Patricia Lattanzio, Andrew Lawton — 9;
NAYS: — 0.
Clause 1, Short Title, carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
The Title carried on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
The Bill, as amended, was adopted on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
It was agreed – That the Chair report the Bill, as amended, to the House on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
ORDERED, — That the Chair report the Bill, as amended, to the House.
It was agreed – That Bill C-9, as amended, be reprinted for the use of the House of Commons at report stage on the following recorded division:
YEAS: Wade Chang, Anju Dhillon, Rhéal Éloi Fortin, Anthony Housefather, Patricia Lattanzio — 5;
NAYS: Roman Baber, Larry Brock, Amarjeet Gill, Andrew Lawton — 4.
ORDERED, — That Bill C-9, as amended, be reprinted for the use of the House of Commons at report stage.
At 5:11 p.m., the committee adjourned to the call of the Chair.