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HOUSE OF COMMONS OF CANADA
35TH PARLIAMENT, 1st SESSION


JOURNALS

No. 150

Friday, February 10, 1995

10:00 a.m.



PRAYERS

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-37, An Act to amend the Young Offenders Act and the Criminal Code, as reported by the Standing Committee on Justice and Legal Affairs with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

    Group No. 1 -- Motion No. 1
    Group No. 2 -- Motions Nos. 2, 3 and 4
    Group No. 3 -- Motions Nos. 5, 6 and 7

Group No. 1

Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Secretary of State (Parliamentary Affairs) and Deputy Leader of the Government in the House of Commons), moved Motion No. 1, -- That Bill C-37, in Clause 12, be amended by replacing lines 13 to 18, on page 10, with the following:

      ``(5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.
      (5.2) A preliminary inquiry referred to in subsection (5.1) shall be conducted in accordance with the provisions of Part XVIII of the Criminal Code, except to the extent that they are inconsistent with this Act.
      (6) Proceedings under this Act before a judge of a superior court of criminal jurisdiction with a jury shall be conducted, with such modifications as the circumstances require, in accordance with the provisions of Parts XIX and XX of the Criminal Code, except that''.

Debate arose on the motion in Group No. 1.

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 2

Mr. MacAulay (Secretary of State (Veterans)) for Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Secretary of State (Parliamentary Affairs) and Deputy Leader of the Government in the House of Commons), moved Motion No. 2, -- That Bill C-37, in Clause 31, be amended:

    (a) by replacing line 34, on page 24, with the following:
      ``offence referred to in the schedule shall, when the circumstances set out in subsection (1) are realized in respect of the records, be''; and
    (b) by replacing line 42, on page 24, with the following:
      ``tion 41(1) shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special''.

Mr. MacAulay (Secretary of State (Veterans)) for Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Secretary of State (Parliamentary Affairs) and Deputy Leader of the Government in the House of Commons), moved Motion No. 3, -- That Bill C-37, in Clause 31, be amended by adding, immediately after line 3 on page 25, the following:

      ``(4) Paragraphs 45(1)(d.1) to (e) of the Act, as enacted by subsection (2), apply in respect of a record relating to a finding of guilt made before the coming into force of that subsection only if the person to whom the record relates applies, after the coming into force of that subsection, to the Royal Canadian Mounted Police to have those paragraphs apply.''

Mr. MacAulay (Secretary of State (Veterans)) for Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Secretary of State (Parliamentary Affairs) and Deputy Leader of the Government in the House of Commons), moved Motion No. 4, -- That Bill C-37, in Clause 32, be amended by replacing line 24, on page 25, with the following:

    ``to (d) may be kept indefinitely in the special''.

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 2 and it was agreed to on division.

The question was put on Motion No. 3 and it was agreed to on division.

The question was put on Motion No. 4 and it was agreed to on division.

Group No. 3

Mr. Rock (Minister of Justice), seconded by Mr. MacAulay (Secretary of State (Veterans)), moved Motion No. 5, -- That Bill C-37, in Clause 35, be amended by striking out lines 17 to 20 on page 29.

Mr. Rock (Minister of Justice), seconded by Mr. MacAulay (Secretary of State (Veterans)), moved Motion No. 6, -- That Bill C-37, in Clause 35, be amended by replacing lines 3 and 4, on page 30, with the following:

    ``waiver shall be videotaped or be in writing, and where it is in writing it shall contain a statement signed by the young person''.

Mr. Rock (Minister of Justice), seconded by Mr. MacAulay (Secretary of State (Veterans)), moved Motion No. 7, -- That Bill C-37, in Clause 35, be amended by replacing lines 23 and 24, on page 30, with the following:

    ``or waiver would otherwise be admissible.''

Debate arose on the motions in Group No. 3.

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

DAILY ROUTINE OF BUSINESS

Presenting Reports from Committees

Ms. Catterall (Ottawa West) for Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 59th Report of the Committee, which was as follows:

      The Committee recommends, pursuant to Standing Orders 104 and 114, the following change in the membership of the Standing Joint Committee on the Library of Parliament: Gallaway for Boudria.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 40, which includes this Report) was tabled.


Mr. Kirkby (Prince Albert -- Churchill River), from the Standing Committee on Aboriginal Affairs and Northern Development, presented the 9th Report of the Committee (Bill C-60, An Act respecting an agreement between Her Majesty in right of Canada and the Pictou Landing Indian Band, without amendment). -- Sessional Paper No. 8510-351-78.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 31, which includes this Report) was tabled.


Mr. Bélisle (La Prairie), from the Standing Committee on Public Accounts, presented the 7th Report of the Committee (Auditor General's Report for 1993, Chapter 3). -- Sessional Paper No. 8510-351-79.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings and Evidence (Issues Nos. 6, 18, 19, 24 and 26, which includes this Report) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Esquimalt -- Juan de Fuca), seconded by Mr. Hermanson (Kindersley -- Lloydminster), Bill C-301, An Act to amend the Criminal Code (violent crimes), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, Ms. Catterall (Ottawa West), seconded by Mr. Boudria (Glengarry -- Prescott -- Russell), moved, -- That the 59th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

The question was put on the motion and it was agreed to.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Mr. Allmand (Notre-Dame-de-Grâce), one concerning the Canadian Human Rights Act (No. 351-1899);

-- by Mr. Crawford (Kent), one concerning the Canadian Human Rights Act (No. 351-1900);

-- by Mr. Chrétien (Frontenac), one concerning voice mail (No. 351-1901);

-- by Mr. Hermanson (Kindersley -- Lloydminster), two concerning a pardon for Mr. Robert Latimer (Nos. 351-1902 and 351-1903);

-- by Mr. Boudria (Glengarry -- Prescott -- Russell), two concerning material depicting violence (Nos. 351-1904 and 351-1905), one concerning euthanasia (No. 351-1906), one concerning Christianity (No. 351-1907), one concerning the Canadian Human Rights Act (No. 351-1908), one concerning the official languages of Canada (No. 351-1909) and one concerning sentences in the Criminal Code (No. 351-1910);

e -- by Mr. Knutson (Elgin -- Norfolk), five concerning the Canadian Human Rights Act (Nos. 351-1911 to 351-1915) and one concerning the official languages of Canada (No. 351-1916);

-- by Ms. Meredith (Surrey -- White Rock -- South Langley), one concerning the income tax deduction for volunteer firefighters (No. 351-1917) and one concerning the Young Offenders Act (No. 351-1918);

-- by Mrs. Jennings (Mission -- Coquitlam), two concerning the Divorce Act (Nos. 351-1919 and 351-1920);

-- by Mr. Caron (Jonquière), one concerning voice mail (No. 351-1921);

-- by Mr. Mitchell (Parry Sound -- Muskoka), one concerning veterans' affairs (No. 351-1922) and one concerning the Canadian Human Rights Act (No. 351-1923);

-- by Mrs. Cowling (Dauphin -- Swan River), one concerning euthanasia (No. 351-1924), one concerning abortion (No. 351- 1925) and one concerning the Canadian Human Rights Act (No. 351-1926);

-- by Mr. Vanclief (Prince Edward -- Hastings), one concerning the Canadian Human Rights Act (No. 351-1927), one concerning gun control (No. 351-1928), one concerning the Young Offenders Act (No. 351-1929), one concerning hormone use in livestock (No. 351-1930) and one concerning euthanasia (No. 351-1931);

-- by Mr. Morrison (Swift Current -- Maple Creek -- Assiniboia), one concerning gun control (No. 351-1932) and one concerning the Canadian Human Rights Act (No. 351-1933);

-- by Mr. White (North Vancouver), one concerning government spending (No. 351-1934) and two concerning the Canadian Human Rights Act (Nos. 351-1935 and 351-1936);

-- by Mr. Peric (Cambridge), one concerning the Canadian Human Rights Act (No. 351-1937).

GOVERNMENT ORDERS

The House resumed consideration at report stage of Bill C-37, An Act to amend the Young Offenders Act and the Criminal Code, as reported by the Standing Committee on Justice and Legal Affairs with amendments.

Consideration resumed on the motions in Group No. 3 (Motions Nos. 5, 6 and 7).

Debate continued.

The question was put on Motion No. 5 and it was agreed to on division.

The question was put on Motion No. 6 and it was agreed to on division.

The question was put on Motion No. 7 and it was agreed to on division.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded division at report stage of Bill C-37, An Act to amend the Young Offenders Act and the Criminal Code, as reported by the Standing Committee on Justice and Legal Affairs with amendments.

By unanimous consent, the deferred recorded division was further deferred until Tuesday, February 14, 1995, at 5:30 p.m.


The Order was read for the second reading and reference to the Standing Committee on Agriculture and Agri-Food of Bill C-61, An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act.

Mrs. Finestone (Secretary of State (Multiculturalism) (Status of Women)) for Mr. Goodale (Minister of Agriculture and Agri-Food), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans)), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Agriculture and Agri-Food.

Debate arose thereon.

PRIVATE MEMBERS' BUSINESS

At 1:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the second reading and reference to a Legislative Committee of Bill C-224, An Act to require charitable and non-profit organizations that receive public funds to declare the remuneration of their directors and senior officers.

Mr. Bryden (Hamilton -- Wentworth), seconded by Mrs. Parrish (Mississauga West), -- That the Bill be now read a second time and referred to a Legislative Committee.

Debate arose thereon.

Pursuant to Standing Order 93, the time provided for consideration of Private Members' Business expired and the Order was dropped to the bottom of the order of precedence on the Order Paper.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), the following papers, deposited with the Clerk of the House, were laid upon the Table:

-- By the Speaker -- Minutes of Proceedings of the Board of Internal Economy of the House of Commons for December 7 and 13, 1994, pursuant to Standing Order 148(1). -- Sessional Paper No. 8560-351-2K.

-- By the Speaker -- Amendments to the By-laws adopted by the Board of Internal Economy of the House of Commons, January 10, 1995, pursuant to subsection 52.5(2) of the Parliament of Canada Act, Chapter 20, Statutes of Canada, 1991. -- Sessional Paper No. 8560-351-324E.

-- By Mrs. Finestone (Secretary of State (Multiculturalism)) -- Report on the Operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 1994, pursuant to section 8 of the Canadian Multiculturalism Act, Chapter 24 (4th Suppl.), Revised Statutes of Canada, 1985. -- Sessional Paper No. 8560-351-577A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

PETITIONS FILED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

-- by Mr. Keyes (Hamilton West), three concerning the Canadian Human Rights Act (Nos. 351-1938 to 351-1940), one concerning euthanasia (No. 351-1941) and one concerning abortion (No. 351- 1942);

-- by Mrs. Brown (Calgary Southeast), one concerning the parole system (No. 351-1943).

ADJOURNMENT

At 2:30 p.m., the Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).