JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 27

Monday, June 1, 2009

The Standing Committee on Justice and Human Rights met in a televised session at 3:31 p.m. this day, in Room 269, West Block, the Chair, Ed Fast, presiding.

Members of the Committee present: Joe Comartin, Hon. Ujjal Dosanjh, Ed Fast, Hon. Dominic LeBlanc, Marc Lemay, Réal Ménard, Rob Moore, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber and Brian Storseth.

Acting Members present: Yvon Lévesque for Marc Lemay and Tim Uppal for Brent Rathgeber.

In attendance: House of Commons: Marc Toupin, Legislative Clerk . Library of Parliament: Dominique Valiquet, Analyst ; Robin MacKay, Analyst.

Witnesses: Department of Justice: David Daubney, General Counsel, Criminal Law Policy Section; Nathalie Levman, Counsel, Criminal Law Policy Section. As an individual: Joy Smith, M.P., Kildonan—St. Paul. REAL Women of Canada: Dianne Watts, Representative.

Pursuant to the Order of Reference of Monday, April 20, 2009, the Committee resumed consideration of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody).

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

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

The Chair called Clause 2.

David Daubney answered questions.

After debate, Clause 2 carried.

On Clause 3,

Joe Comartin moved, — That Bill C-25, in Clause 3, be amended by replacing line 21 on page 1 with the following:

“to a maximum of one and one-half days for each day spent in”

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

Joe Comartin moved, — That Bill C-25, in Clause 3, be amended by replacing line 23 on page 1 to line 3 on page 2 with the following:

“(3.1) Despite subsection (3), if it is justified by the circumstances, including the conditions specified in the order for the person's detention in custody before sentencing, any negative impact on the person as a result of that detention in custody and any other considerations that the court considers relevant, the court may give credit for time spent in pre-sentencing custody that exceeds the maximum specified in subsection (3) as long as it does not exceed two days for each day spent in custody.”

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

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

The Short Title carried.

The Title carried.

The Bill carried on division.

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

At 4:21 p.m., the sitting was suspended.

At 4:26 p.m., the sitting resumed.

Pursuant to the Order of Reference of Wednesday, April 22, 2009, the Committee commenced consideration of Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).

The Chair called Clause 1.

Joy Smith, Nathalie Levman and Dianne L. Watts made statements and answered questions.

At 5:30 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2009/11/25 3:19 p.m.