JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 37

Wednesday, October 7, 2009

The Standing Committee on Justice and Human Rights met at 3:33 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. Dominic LeBlanc, Marc Lemay, Serge Ménard, Rob Moore, Brian Murphy, Rick Norlock, Daniel Petit, Brent Rathgeber and Stephen Woodworth.

Acting Members present: Hon. John McCallum for Hon. Dominic LeBlanc.

Hon. Marlene Jennings for Hon. Ujjal Dosanjh.

In attendance: House of Commons: Mike MacPherson, Legislative Clerk ; Lucie Tardif-Carpentier, Legislative Clerk . Library of Parliament: Robin MacKay, Analyst ; Dominique Valiquet, Analyst.

Witnesses: Department of Justice: Marke Kilkie, Counsel, Criminal Law Policy Section; Joanne Klineberg, Counsel, Criminal Law Policy Section. Canadian Internet Policy and Public Interest Clinic: David Fewer, Acting Director; Tamir Israel, Staff Lawyer.

Pursuant to the Order of Reference of Wednesday, June 17, 2009, the Committee resumed consideration of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct).

David Fewer and Tamir Israel made statements and answered questions.

Marke Kilkie and Joanne Klineberg, answered questions.

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.

On Clause 7,

Joe Comartin moved, — That Bill S-4, in Clause 7 , be amended by replacing lines 24 to 27 on page 5 with the following:

“document at the request of a police force or the Minister of Justice or the Minister of Public Safety and Emergency Preparedness.”

Debate arose thereon.

Serge Ménard moved, — That the amendment be amended by adding after the words “Emergency Preparedness” the following:

“of Canada or a minister of Justice or Public Safety or Solicitor General of a province or territory.”

After debate, the question was put on the subamendment of Serge Ménard and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

The question was put on the amendment of Joe Comartin and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Clause 7 carried on division.

Clause 8 carried.

On Clause 9,

Joe Comartin moved, — That Bill S-4, in Clause 9, be amended by replacing line 38 on page 6 with the following:

“employment and if a competent authority, as defined in subsection 25.1(1), authorized the public officer to do so.”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Clause 9 carried.

On new Clause 9.1,

Joe Comartin moved, — That Bill S-4 be amended by adding after line 10 on page 7 the following new clause:

“9.1 Subsection 380.1(1) of the Act is amended by adding the following after paragraph (b):

(b.1) the offence adversely affected, or had the potential to adversely affect, residential real estate or leasehold transactions;”

RULING BY THE CHAIR

The amendment seeks to amend section 380.1 of the Criminal Code.

House of Commons Procedure and Practice states at page 654:

“… an amendment is inadmissible if it amends a statute that is not before the committee or a section of the parent Act unless it is specifically being amended by a clause of the bill.”

Since section 380.1 of the Criminal Code is not being amended by Bill S-4, it is inadmissible to propose such an amendment. Therefore, the amendment is inadmissible.

On Clause 10,

Joe Comartin moved, — That Bill S-4, in Clause 10, be amended by replacing lines 38 to 41 on page 7 with the following:

“purposes, knowing that the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence or knowing that there is a substantial or unjustified risk that the information will be used to do so.”

After debate, the question was put on the amendment of Joe Comartin and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Clause 10 carried on division.

Clause 11 carried.

Clause 12 carried.

Clause 13 carried.

The Title carried.

The Bill carried on division.

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

The Committee proceeded to the consideration of matters related to Committee business.

Serge Ménard moved, — That the Committee conduct an in-depth study of the Cinar case, including the allegations of political interference, to learn why no criminal action was taken against the key players and that the Committee report its comments and recommendations to the House.

Debate arose thereon.

At 5:31 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2010/02/11 1:48 p.m.