JUST Committee Meeting

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MINUTES OF PROCEEDINGS

Tuesday, June 10, 2014

The Standing Committee on Justice and Human Rights met in a televised session at 11:00 a.m. this day, in Room 253-D, Centre Block, the Chair, Mike Wallace, presiding.

Members of the Committee present: Françoise Boivin, Patrick Brown, Sean Casey, Bob Dechert, Pierre Jacob, Ève Péclet, Kyle Seeback, Mike Wallace and David Wilks.

Acting Members present: Randall Garrison for Pierre Jacob, Gerald Keddy for Robert Goguen and Bev Shipley for David Wilks.

Other Members present: Elizabeth May.

In attendance: Library of Parliament: Sandra Gruescu, Analyst ; Dominique Valiquet, Analyst . House of Commons: Justin Vaive, Legislative Clerk ; Mike MacPherson, Legislative Clerk.

Witnesses: Office of the Privacy Commissioner of Canada: Daniel Therrien, Privacy Commissioner of Canada; Megan Brady, Legal Counsel; Patricia Kosseim, Senior General Counsel and Director General, Legal Services, Policy and Research. Department of Justice: Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section; Karen Audcent, Senior Counsel, Criminal Law Policy Section; Normand Wong, Counsel, Criminal Law Policy Section.

Pursuant to the Order of Reference of Monday, April 28, 2014, the Committee resumed consideration of Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act.

Daniel Therrien made a statement and, with Megan Brady and Patricia Kosseim, answered questions.

At 12:00 p.m., the sitting was suspended.

At 12:05 p.m., the sitting resumed.

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

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

The Chair called Clause 2.

Clause 2 carried on division.

On Clause 3,

Françoise Boivin moved, — That Bill C-13, in Clause 3, be amended by replacing lines 20 to 23 on page 1 with the following:

“with the intent of injuring, embarrassing, intimidating or harassing that person, is guilty”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by replacing line 20 on page 1 with the following:

“with the intent of annoying, embarrassing, intimidating or harassing that person, knowing that the person depicted in the image”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by replacing lines 21 to 23 on page 1 with the following:

“did not give their consent to that conduct, is guilty”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by replacing lines 22 to 34 on page 2 with the following:

“offence under this section if the publication, distribution, transmission, sale, act of making available or advertising that forms the subject-matter of the charge is for public information or is a matter of public interest.

(4) For the purposes of subsection (3), the motives of an accused are irrelevant.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by adding after line 25 on page 2 the following:

“(3.1) Despite subsection (3), no person shall be convicted of an offence under this section if the publication, distribution, transmission, sale, act of making available or advertising that forms the subject-matter of the charge is for public information or is a matter of public interest.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by adding after line 25 on page 2 the following:

“(3.1) No person shall be convicted of an offence under this section if the publication, distribution, transmission, sale, act of making available or advertising that forms the subject-matter of the charge is for public information or is a matter of public interest.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by adding after line 34 on page 2 the following:

“(5) No person who is a provider of telecommunications services, information location tools or network services shall be convicted of an offence under this section unless that person solicits, counsels, incites or invites another person to commit an offence under this section, regardless of whether or not that other person commits the offence.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by replacing lines 43 and 44 on page 2 with the following:

“subject to any conditions or exemptions that the court considers to be necessary to avoid causing undue prejudice to the interests of the offender, an order prohibiting the offender”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-13, in Clause 3, be amended by replacing lines 4 and 5 on page 3 with the following:

“(2) The prohibition may be for any period that is reasonable, including”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Françoise Boivin moved, — That Bill C-13, in Clause 3, be amended by replacing line 7 on page 3 with the following:

“imprisonment, but must not exceed five years.”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 3 carried on division.

Clause 4 carried on division.

Clause 5 carried on division.

Clause 6 carried on division.

Clause 7 carried on division.

On Clause 8,

Françoise Boivin moved, — That Bill C-13, in Clause 8, be amended by replacing line 3 on page 7 with the following:

“related to the execution of the authorization, that the urgency of the situation requires the warrant or the order and that it can be reasonably executed or complied with within 60 days.”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 8 carried on division.

Clause 9 carried on division.

Clause 10 carried on division.

Clause 11 carried on division.

On Clause 12,

Randall Garrison moved, — That Bill C-13, in Clause 12, be amended by replacing line 37 on page 7 with the following:

“origin, age, sex, sexual orientation, gender identity, or mental or”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 12 carried on division.

Clause 13 carried on division.

Clause 14 carried on division.

Clause 15 carried on division.

Clause 16 carried on division.

Clause 17 carried on division.

Clause 18 carried on division.

Clause 19 carried on division.

On Clause 20,

Françoise Boivin moved, — That Bill C-13, in Clause 20, be amended by adding after line 5 on page 14 the following:

““peace officer” has the same meaning as in paragraph (c) of that term in section 2.”

After debate, the question was put on the amendment of Françoise Boivin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

At 1:04 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Clerk of the Committee

2014/06/12 2:44 p.m.