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MINUTES OF PROCEEDINGS

Meeting No. 47

Monday, November 16, 2009

The Standing Committee on Justice and Human Rights met at 3:30 p.m. this day, in Room 253-D, Centre Block, the Chair, Ed Fast, presiding.

Members of the Committee present: Joe Comartin, Ed Fast, Hon. Marlene Jennings, Hon. Dominic LeBlanc, Marc Lemay, Rob Moore, Brian Murphy, Daniel Petit, Brent Rathgeber and Stephen Woodworth.

Acting Members present: Carole Lavallée for Serge Ménard and David Sweet for Rick Norlock.

In attendance: Library of Parliament: Robin MacKay, Analyst ; Dominique Valiquet, Analyst.

Witnesses: Department of Justice: Catherine Kane, Acting Director General and Senior General Counsel, Criminal Law Policy Section; John Giokas, Counsel, Criminal Law Policy Section. As an individual: Rick Sauvé.

Pursuant to the Order of Reference of Thursday, June 18, 2009, the Committee resumed consideration of Bill C-36, An Act to amend the Criminal Code.

Rick Sauvé made a statement and answered questions.

At 3:52 p.m., the sitting was suspended.

At 3:56 p.m., the sitting resumed.

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

Catherine Kane answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

The Chair calls Clause 2.

On Clause 2,

Rob Moore moved, — That Bill C-36, in Clause 2, be amended by replacing, in the English version, lines 9 to 11 on page 1 with the following:

“(2) Subsection (1) does not apply if the offender is convicted of an offence committed on or after the day on which this subsection comes into force.”

After debate, the question was put on the amendment of Rob Moore and it was agreed to on division.

Clause 2, as amended, carried on division.

On Clause 3,

On motion of Rob Moore, it was agreed on division, — That Bill C-36, in Clause 3, be amended by replacing, in the French version, lines 30 to 34 on page 2 with the following:

“745.61(3) ou (5) ou 745.63(3), (5) ou (6), dans leur version antérieure à la date d’entrée en vigueur du présent paragraphe. La personne qui fait l’objet d’une décision fixant, au titre des paragraphes 745.61(3) ou 745.63(6), dans leur version antérieure à cette date, un délai à”

Clause 3, as amended, carried on division.

On Clause 4,

On motion of Rob Moore, it was agreed on division, — That Bill C-36, in Clause 4, be amended by adding, after line 36 on page 3 the following:

“(1.1) Subsection 745.61(2) of the English version of the Act is replaced by the following:

(2) In determining whether the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with any modifications that the circumstances require.”

Clause 4, as amended, carried on division.

Clause 5 carried on division.

On Clause 6,

On motion of Rob Moore, it was agreed on division, — That Bill C-36, in Clause 6, be amended

(a) by replacing lines 9 and 10 on page 5 with the following:

“subsection 745.61(4) of the Criminal Code, as that subsection read before the day on which this subsection comes into force, or a determination or conclusion to which subsection 745.63(8) of the Criminal Code, as it read before that day,”

(b) by replacing line 20 on page 5 with the following:

“745.61(3)(a) or 745.63(6)(a) of the Criminal Code, as enacted by subsections 4(2) and 5(1), respectively, may make an”

Clause 6, as amended, carried on division.

Clause 7 carried on division.

The Alternative Title carried on division.

The Title carried on division.

The question: "Shall the Bill, as amended, carry?" was put and was agreed to on the following recorded division: YEAS: Dominic LeBlanc, Rob Moore, Brian Murphy, Daniel Petit, Brent Rathgeber, David Sweet, Stephen Woodworth — 7; NAYS: Joe Comartin, Marlene Jennings, Carole Lavallée, Marc Lemay — 4.

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

ORDERED, — That Bill C-36, as amended, be reprinted for the use of the House at report stage.

At 4:05 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2009/11/18 1:45 p.m.