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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 41
Thursday, December 1, 2022, 3:43 p.m. to 4:46 p.m.
Webcast
Presiding
Randeep Sarai, Chair (Liberal)

House of Commons
• Marie-Hélène Sauvé, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Chloé Forget, Analyst
• Michaela Keenan-Pelletier, Analyst
Department of Justice
• Patrick Xavier, Acting Deputy Director and Senior Counsel, Judicial Affairs Section, Public Law and Legislative Services Sector
• Shakiba Azimi, Counsel, Judicial Affairs Section, Public Law and Legislative Services Sector
Pursuant to the order of reference of Monday, October 31, 2022, the committee resumed consideration of Bill C-9, An Act to amend the Judges Act.

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

The Chair called Clause 1.

Clause 1 carried.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

On Clause 12,

Taylor Bachrach moved, — That Bill C-9, in Clause 12, be amended by replacing line 13 on page 6 with the following:

“alleges sexual harassment or that alleges discrimination — or improper conduct that is substantially similar to discrimination —”

After debate, the question was put on the amendment of Taylor Bachrach and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Taylor Bachrach moved, — That Bill C-9, in Clause 12, be amended by adding after line 31 on page 6 the following:

“(2) If the reviewing member dismisses the complaint, they shall inform the complainant in writing of their decision and the reasons for it.”

Debate arose thereon.

At 4:08 p.m., the sitting was suspended.

At 4:17 p.m., the sitting resumed.

Gary Anandasangaree moved, — That the amendment be amended by adding, after paragraph 2, the following:

“(3) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.”

By unanimous consent, it was agreed, — That the French version of the subamendment be amended by replacing the words “n’incluent pas” with the words “ne doivent pas inclure”

After debate, the question was put on the subamendment of Gary Anandasangaree and it was agreed to.

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

Taylor Bachrach moved, — That Bill C-9, in Clause 12, be amended by adding after line 27 on page 8 the following:

“(2) If the review panel dismisses the complaint, it shall inform the complainant in writing of its decision and the reasons for it.”

Debate arose thereon.

Gary Anandasangaree moved, — That the amendment be amended by adding, after paragraph 2, the following:

“(3) The reasons shall not include information that is confidential or personal, or that is not in the public interest to disclose.”

The question was put on the subamendment of Gary Anandasangaree and it was agreed to.

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

Taylor Bachrach moved, — That Bill C-9, in Clause 12, be amended

(a) by replacing line 28 on page 13 with the following:

“(a) the decision is finally set aside by a decision of the Federal Court of Appeal or the ”

(b) by adding after line 11 on page 16 the following:

“Federal Court of Appeal

136.1 The judge who is the subject of a decision of an appeal panel and the presenting counsel may respectively, within 30 days after the day on which the appeal panel sends them a notice of its decision, appeal the decision to the Federal Court of Appeal. ”

(c) by replacing lines 13 to 15 on page 16 with the following:

“137 The judge who is the subject of a decision of the Federal Court of Appeal and the presenting counsel may respectively, within 30 days after the day on which the Federal Court of Appeal”

(d) by replacing lines 19 to 21 on page 16 with the following:

“Intervention

138 The Attorney General of Canada and the attorney general of a province may intervene in the appeal to the Federal Court of Appeal and, if leave to appeal is granted, to the Supreme Court of Canada.”

(e) by replacing line 31 on page 16 with the following:

“waived their rights under section 123, 136.1 or 137,”

(f) by replacing line 36 on page 16 with the following:

“respect of the Federal Court of Appeal's decision.”

(g) by replacing line 2 on page 17 with the following:

“decision and any decision of the appeal panel, the Federal Court of Appeal and the ”

(h) by replacing line 7 on page 20 with the following:

“Federal Court of Appeal or the Supreme Court of Canada relating to those proceedings.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Rob Moore appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained, by a show of hands: YEAS: 6; NAYS: 5.

Clause 12, as amended, carried on division.

Clause 13 carried on division.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

The Title carried.

The Bill, as amended, was adopted on division.

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

ORDERED, — That Bill C-9, as amended, be reprinted for the use of the House of Commons at report stage.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Tuesday, February 8, 2022, the committee resumed its study of government's obligations to victims of crime.

The committee resumed consideration of a draft report.

At 4:28 p.m., the sitting was suspended.

At 4:33 p.m., the sitting resumed in camera.

It was agreed, — That the report be entitled: "Improving Support for Victims of Crime".

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

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 draft report, as amended, be adopted.

ORDERED, — That the Chair present the report to the House.

ORDERED, — That the clerk and analysts of the committee, in consultation with the Chair, prepare a news release for publication on the committee’s website and for distribution upon presentation of the report to the House.

At 4:46 p.m., the committee adjourned to the call of the Chair.



Jean-François Lafleur
Clerk of the committee