SECU Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 39

Thursday, November 5, 2009

The Standing Committee on Public Safety and National Security met in a televised session at 11:14 a.m. this day, in Room 237-C, Centre Block, the Chair, Garry Breitkreuz, presiding.

Members of the Committee present: Garry Breitkreuz, Don Davies, Shelly Glover, Mark Holland, Dave MacKenzie, Phil McColeman, Serge Ménard, Maria Mourani, Rick Norlock, Robert Oliphant and Brent Rathgeber.

Acting Members present: Bonnie Crombie for Andrew Kania and Glen Douglas Pearson for Robert Oliphant.

In attendance: Library of Parliament: Lyne Casavant, Analyst ; Tanya Dupuis, Analyst.

Witnesses: Correctional Service Canada: Lisa Allgaier, Director General, Aboriginal Initiatives Directorate; Marc-Arthur Hyppolite, Senior Deputy Commissioner; Elizabeth Van Allen, Deputy Commissioner for Women, Women Offender Sector. Department of Public Safety and Emergency Preparedness: Mary E. Campbell, Director General, Corrections and Criminal Justice Directorate. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section. As an individual: Peter Ford, Physician. Canadian Association of Elizabeth Fry Societies: Kim Pate, Executive Director.

Pursuant to Standing Order 108(2) and the motion adopted by the Committee on Tuesday, April 28, 2009, the Committee resumed its study of federal corrections: mental health and addiction.

It was agreed, — That within the context of its study on federal corrections: mental health and addiction, the Committee defray the hospitality expenses related to working meals to be held during its travel to Montreal on November 18, 2009 and to Oslo and London during the week of November 22 and that the Clerk, in consultation with the Chair, be authorized to purchase mementos.

Lisa Allgaier, Marc-Arthur Hyppolite, Elizabeth Van Allen, Peter Ford and Kim Pate made statements and answered questions.

At 12:26 p.m., the sitting was suspended.

At 12:27 p.m., the sitting resumed.

Pursuant to the Order of Reference of Monday, June 8, 2009, the Committee resumed consideration of Bill C-34, An Act to amend the Criminal Code and other Acts.

Mary E. Campbell and Douglas Hoover answered questions.

At 1:17 p.m., the sitting was suspended.

At 1:19 p.m., the sitting resumed in public.

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

The Committee resumed consideration of the amendment of Don Davies, — That Bill C-34, in Clause 33, be amended by adding after line 36 on page 27 the following:

“(2.1) A sex offender shall, within seven days of any change in the information that they have provided under subsection (1), report that change to a person who collects information at a registration centre.” ;

And of the subamendment of Mark Holland, — That the amendment be amended by replacing the words “subsection (1)” with the words “subsection 5(1)(d)”

By unanimous consent, the subamendment was withdrawn.

By unanimous consent, the amendment was withdrawn.

Clause 33, as amended, carried.

Don Davies moved, — That Bill C-34 be amended by adding after line 36 on page 27 the following new clause:

“33.1 The Act is amended by adding the following after section 5:

5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d).”

After debate, the question was put on the amendment of Don Davies and it was agreed to.

New Clause 33.1 carried.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also adopted:

That Bill C-34 be amended by adding after line 31 on page 28 the following new clause:

“34.1 Section 7.1 of the Act is replaced by the following:

“7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender's main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located.””

New Clause 34.1 carried.

Dave MacKenzie moved, — That Bill C-34, in Clause 34, be amended by replacing lines 11 to 17 on page 28 with the following:

“their address or location — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

Clause 34, as amended, carried.

Dave MacKenzie moved, — That Bill C-34 be amended by adding after line 31 on page 28 the following new clause:

“34.1 The portion of section 8 of the Act before paragraph (a) is replaced by the following:

8. When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner shall”

After debate, the question was put on the amendment of Dave MacKenzie and it was agreed to.

Serge Ménard moved, — That Bill C-34 be amended by adding after line 31 on page 28 the following new clause:

“34.1 Paragraph 8(a) of the Act is amended by adding the following after subparagraph (vi):

(vi.1) the person's modus operandi,”

Dave MacKenzie moved, — That the amendment be amended by replacing the words “modus operandi ” with the words “method of operation”.

By unanimous consent, the amendment was allowed to stand.

It was agreed, — That the Committee continue clause-by-clause consideration of Bill C-34, an Act to amend the Criminal Code and other Acts, on Thursday, December 3, 2009.

At 2:02 p.m., the Committee adjourned to the call of the Chair.

Roger Préfontaine
Clerk of the Committee

2010/01/08 12:47 p.m.