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MINUTES OF PROCEEDINGS

Meeting No. 15

Wednesday, November 23, 2011

The Standing Committee on Justice and Human Rights met in a televised session at 3:32 p.m. this day, in Room 253-D, Centre Block, the Chair, Dave MacKenzie, presiding.

Members of the Committee present: Françoise Boivin, Charmaine Borg, Hon. Irwin Cotler, Kerry-Lynne D. Findlay, Robert Goguen, Jack Harris, Pierre Jacob, Brian Jean, Dave MacKenzie, Brent Rathgeber, Kyle Seeback and Stephen Woodworth.

Acting Members present: Scott Armstrong for Stephen Woodworth, Ted Opitz for Kerry-Lynne D. Findlay and David Wilks for Brian Jean.

In attendance: House of Commons: Lucie Tardif-Carpentier, Legislative Clerk ; Wayne Cole, Legislative Clerk ; Alexandre Roger, Procedural Clerk . Library of Parliament: Robin MacKay, Analyst ; Julia Nicol, Analyst ; Dominique Valiquet, Analyst.

Witnesses: Department of Public Safety and Emergency Preparedness: Daryl Churney, Director, Corrections Policy. Department of Citizenship and Immigration: Philippe Massé, Director, Temporary Resident Policy and Program. Department of Justice: Mory Afshar, Senior Counsel, Citizenship and Immigration Canada Services; Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section; Carole Morency, Director and General Counsel, Cabinet and Leg, Criminal Law Policy Section; Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Wednesday, September 28, 2011, the Committee resumed consideration of Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts.

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

Paul St-Denis, Catherine Kane, Philippe Massé and Daryl Churney answered questions.

The Committee resumed clause-by-clause consideration on Clause 205 of the Bill.

After debate, Clause 205 carried by a show of hands: YEAS: 11; NAYS: 0.

On Clause 206,

Jack Harris moved, — That Bill C-10, in Clause 206, be amended by replacing lines 8 to 10 on page 101 with the following:

“the refusal is justified on the evidence and by the public policy considerations that are specified in the instructions given by the Minister.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 206, be amended by adding after line 13 on page 101 the following:

“(1.31) A foreign national who is refused authorization to work in Canada in accordance with this section shall, on application, be given a hearing, conducted by an independent adjudicator appointed by the Minister, to determine the merits of the refusal and, if the adjudicator is satisfied that the refusal is not justified, he or she may authorize the foreign national to work or study in Canada if the conditions referred to in subsection (1.1) are met.”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

Jack Harris moved, — That Bill C-10, in Clause 206, be amended by replacing line 19 on page 101 with the following:

“(1.5) Before instructions are given by the Minister in accordance with subsection (1.2), the Minister shall submit, for approval, any proposed instructions to the Standing Committee on Citizenship and Immigration of the House of Commons or, in the event that there is not a Standing Committee on Citizenship and Immigration, the appropriate committee of the House. The instructions, once approved, shall be published in”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Clause 206 carried by a show of hands: YEAS: 6; NAYS: 4.

At 4:12 p.m., the sitting was suspended.

At 5:02 p.m., the sitting resumed.

After debate, Clause 207 carried on division.

On Clause 208,

Irwin Cotler moved, — That Bill C-10 be amended by adding after line 37 on page 101 the following:

“PART 6

REVIEW AND CRIME REDUCTION BOARD

Review and Discussions

209. Before the coming into force of this Act, the Minister of Justice must

(a) conduct a review of the Act to ensure it is not inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and to recommend that any provisions that may be at risk of breaching the Charter be amended or repealed, as the case may be; and

(b) initiate discussions with the provincial and territorial governments to

(i) address the issue of prison overcrowding, and

(ii) ensure that the implementation of the Act is conducted in the most cost-effective and cooperative manner possible.

Crime Reduction Board

210. There is hereby established a crime reduction board with a mandate to

(a) promote cost-effective ways to reduce crime, prevent victimization, enhance community safety and strengthen services for and rights of victims of crime;

(b) gather, analyze and disseminate information about cost-effective ways to prevent crime and improve services for victims of crime;

(c) develop national standards of practice and provide training in the area of crime prevention and of services for and rights of victims of crime; and

(d) collaborate with the provincial and territorial governments to provide funding to local governments and community organizations in the area of crime prevention and of services for and rights of victims of crime.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

After debate, Clause 208 carried by a show of hands: YEAS: 6; NAYS: 4.

The Committee reverted to Clause 39 previously stood.

On Clause 39,

Jack Harris moved, — That Bill C-10, in Clause 39, be amended by replacing line 3 on page 22 with the following:

“in Schedule I, is guilty of an indictable”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 39, be amended by replacing lines 5 to 36 on page 22 with the following:

“and the court shall consider the following factors, in addition to those set out in section 10:

(i) whether the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

(ii) whether the person committed the offence in or near a school or on or near school grounds, or

(iii) whether the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds;”

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

At 5:55 p.m., the sitting was suspended.

At 7:24 p.m., the sitting resumed.

Jack Harris moved, — That Bill C-10, in Clause 39, be amended by deleting lines 18 to 22 on page 22.

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 39, be amended by replacing line 22 on page 22 with the following:

“previous two years, or”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Irwin Cotler moved, — That Bill C-10, in Clause 39, be amended by replacing lines 26 to 29 on page 22 with the following:

“or near a school or on or near school grounds, or committed the offence in or near any other public place usually frequented by persons under the age of 18 years if, at the time the offence was committed, persons under the age of 18 years were present or in the immediate vicinity,”

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 39, be amended by replacing lines 26 to 29 on page 22 with the following:

“or near a school or on or near school grounds,”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 39 carried on division.

At 9:58 p.m., the sitting was suspended.

At 10:08 p.m., the sitting resumed.

On Clause 40,

Jack Harris moved, — That Bill C-10, in Clause 40, be amended by replacing line 19 on page 23 with the following:

“is guilty of an indictable”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 40, be amended by replacing lines 20 to 30 on page 23 with the following:

“offence and liable to imprisonment for life;”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Irwin Cotler moved, — That Bill C-10, in Clause 40, be amended by replacing line 24 on page 23 with the following:

“purposes of trafficking for financial gain,”

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 40, be amended by replacing lines 35 to 37 on page 23 with the following:

“imprisonment for life;”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 40 carried on division.

On Clause 41,

Jack Harris moved, — That Bill C-10, in Clause 41, be amended by replacing line 43 on page 23 to line 3 on page 24 with the following:

“ment for life;”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 41, be amended by replacing lines 8 to 15 on page 24 with the following:

“life;”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jack Harris moved, — That Bill C-10, in Clause 41, be amended by replacing line 17 on page 24 with the following:

“cannabis (marijuana), except if the production is for medical purposes, is guilty of an indict-”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Jack Harris moved, — That Bill C-10, in Clause 41, be amended by replacing lines 19 to 43 on page 24 with the following:

“term of not more than 14 years;”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Irwin Cotler moved, — That Bill C-10, in Clause 41, be amended by deleting lines 21 to 24 on page 24.

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Robert Goguen moved, — That Bill C-10, in Clause 41, be amended by replacing line 27 on page 24 with the following:

“is less than 201 and more than five, the production is for the”

After debate, the question was put on the amendment of Robert Goguen and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

Irwin Cotler moved, — That Bill C-10, in Clause 41, be amended by replacing line 28 on page 24 with the following:

“purpose of trafficking for financial gain and any of the”

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Irwin Cotler moved, — That Bill C-10, in Clause 41, be amended by deleting lines 5 and 6 on page 25.

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 41, as amended, carried on division.

On new Clause 41.1,

Robert Goguen moved, — That Bill C-10 be amended by adding after line 20 on page 25 the following new clause:

“41.1 Subsection 7.1(1) of the Act is replaced by the following:

7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 or subitem 19(8) of Schedule I.”

After debate, the Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also inadmissible:

That Bill C-10, in Clause 42, be amended by replacing line 22 on page 25 with the following:

“following after section 7.1:”

On Clause 42,

Jack Harris moved, — That Bill C-10, in Clause 42, be amended by replacing line 31 on page 25 with the following:

“9. (1) Within two years after this section”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 42 carried.

On Clause 43,

Jack Harris moved, — That Bill C-10, in Clause 43, be amended by replacing lines 18 to 28 on page 26 with the following:

“convicted of an offence under this Part is not required to impose the minimum punishment for the offence for which the person was convicted if the offender is participating in a drug treatment rehabilitation program.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Irwin Cotler moved, — That Bill C-10, in Clause 43, be amended by adding after line 22 on page 26 the following:

“(a.1) to receive treatment for mental health issues or attend a mental health treatment program approved by the Attorney General; or”

After debate, the question was put on the amendment of Irwin Cotler and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 43 carried by a show of hands: YEAS: 6; NAYS: 3.

Schedule 1 carried by a show of hands: YEAS: 6; NAYS: 5.

The Short Title carried by a show of hands: YEAS: 6; NAYS: 4.

The Title carried by a show of hands: YEAS: 6; NAYS: 4.

The Bill, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

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

ORDERED, — That Bill C-10, as amended, be reprinted for the use of the House at report stage.

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

Jack Harris moved, — That, pursuant to Standing Order 81(5), the Committee consider the Supplementary Estimates (B) 2011-12 under JUSTICE, and that the Committee invite the Minister to appear on or before December 1, 2011.

Debate arose thereon.

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

At 11:00 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2011/12/01 11:36 a.m.