JURI Committee Meeting
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MINUTES OF PROCEEDINGS
MEETING No. 49
Wednesday, APRIL 1, 1998
The Standing Committee on Justice and Human Rights met at 3:41 p.m. this day, in Room 536, Wellington Building, the Chair, Shaughnessy Cohen, presiding.
Members of the Committee present: Eleni Bakopanos, Shaughnessy Cohen, Paul DeVillers, Derek Lee, John Maloney, John McKay and Andrew Telegdi.
Acting Members present: Madeleine Dalphond-Guiral for Michel Bellehumeur, Howard Hilstrom for Paul E. Forseth, Julian Reed for Sheila Finestone.
In attendance: : From the Research Branch of the Library of Parliament: Philip Rosen, Senior Analyst; Nancy Holmes, Research Officer. From the Committees and Legislative Services Branch : Monique Hamilton and Suzanne Verville, Legislative Clerks.
Witnesses: From the Department of Justice: Yvan Roy, Senior General Counsel; Mark L. Berlin, Legal Counsel, Criminal Law Policy Section; Stephen Sharzer, Senior Counsel, Human Rights Law Section.
Pursuant to its order of reference of February 11, 1998, the Committee resumed consideration of Bill S-5, An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts (See Minutes of Proceedings, Thursday, March 12, 1998, Meeting No. 39).
The Committee proceeded to the clause-by-clause consideration of the Bill.
On Clause 1
Madeleine Dalphond-Guiral moved, -- That Clause 1 be amended by replacing lines 3 to 18, on page 2 with the following:
" 6. (1) If a witness or an accused has difficulty communicating by reason of a physical disability, the court may order that the witness or the accused be permitted to give evidence by any means that enables the evidence to be intelligible.
(2) If a witness or an accused with a mental disability is determined under section 16 to have the capacity to give evidence and has difficulty communicating by reason of a disability, the court may order that the witness or the accused be permitted to give evidence by any means that enables the evidence to be intelligible.
(3) The court may conduct an inquiry to determine if the means by which a witness or an accused may be permitted to give evidence under subsection (1) or (2) is necessary and reliable."
After debate, the question being put on the amendment, it was negatived.
Clause 1 carried.
On Clause 2
John Maloney moved, -- That Clause 2 be amended
a) by replacing lines 8 to 15 on page 3 with the following:
"dependency and who, for a sexual purpose, invites, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so invites, counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object,"
b) by replacing line 12 on page 4 with the following:
"(c) the accused counsels or incites"
After debate, the question being put on the amendment, it was agreed to.
Clause 2, as amended, carried.
Clauses 3 to 9 carried severally.
On Clause 10
Madeleine Dalphond-Guiral moved, -- That Clause 10 be amended by replacing line 13 on page 7 with the following:
" accommodate those needs, including"
After debate, the question being put on the amendment, it was negatived.
Clause 10 carried.
Clauses 11 to 15 carried severally.
On Clause 16
John Maloney moved, -- That Clause 16 be amended by replacing, in the English version, line 40 on page 9 with the following:
"objectives the program, plan or arrange-"
After debate, the question being put on the amendment, it was agreed to.
Clause 16, as amended, carried.
Clauses 17 to 19 carried severally.
On Clause 20
John Maloney moved, -- That Clause 20 be amended:
- by replacing lines 11 and 12 on page 11 with the following:
- by adding after line 19 the following:
" (2) Subsections 27 (2) to (4) of the Act are replaced by the following:
(2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline."
" (4) Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette."
After debate, the question being put on the amendment, it was agreed to.
Clause 20, as amended, carried.
Clauses 21 and 22 carried severally.
On Clause 23
John Maloney moved, -- That Clause 23 be amended by replacing, in the English version, line 47 on page 11 with the following:
"request the Chairperson of the Tribunal to"
After debate, the question being put on the amendment, it was agreed to.
Clause 23, as amended, carried.
Clauses 24 to 26 carried severally.
On Clause 27
Madeleine Dalphond-Guiral moved, -- That Clause 27 be amended, in the English version only, by replacing lines 11 to 18 on page 13 with the following:
" (3) The Chairperson and Vice-chairperson must have been members of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members of the bar of a province or the Chambre des notaires du Québec."
Eleni Bakopanos moved the following sub-amendment,-- That the amendment be amended
- by deleting the words "in the English version only";
- by replacing the words "must have been" by the following:
- by replacing the words "members of the bar" by the following:
"must be"; and
"members in good standing of the bar".
The question being put on the sub-amendment, it was agreed to.
The Committee resumed consideration of the amendment, as amended, -- That Clause 27 be amended by replacing lines 11 to 18 on page 13 with the following:
"The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Québec."
After debate, the question being put on the amendment, as amended, it was agreed to.
Madeleine Dalphond-Guiral moved, -- That Clause 27 be amended by replacing lines 1 to 7 on page 14 with the following:
" (2) A member whose appointment expires shall conclude any inquiry that the member has begun where the hearing has been completed, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.3, 48.6, 50 and 52 to 58."
After debate, the amendment was, by unanimous consent, withdrawn.
Madeleine Dalphond-Guiral moved, -- That Clause 27 be amended by deleting lines 7 to 11 on page 17.
After debate, the question being put on the amendment, it was negatived.
Madeleine Dalphond-Guiral moved, -- That Clause 27 be amended by replacing line 3 on page 19 with the following:
"Chairperson shall designate one of the members who is a member of the bar of a province or of the Chambre des notaires du Québec to"
After debate, the question being put on the amendment, it was negatived.
Clause 27, as amended, carried.
Clause 28 carried.
On Clause 29
Madeleine Dalphond-Guiral moved, -- That Clause 29 be amended by replacing line 16 on page 23 with the following:
"practice and procedure or by the Tribunal"
After debate, the amendment was, by unanimous consent, withdrawn.
Clause 29 carried.
Clauses 30 to 38 carried severally.
On Clause 39
John Maloney moved, -- That Clause 39 be amended by adding after line 4 on page 28 the following:
" (4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of section 48.3 of the Canadian Human Rights Act."
The question being put on the amendment, it was agreed to.
Clause 39, as amended, carried.
Clauses 40 to 51 carried severally.
The preamble carried.
The Title carried.
The Bill, as amended, carried.
Ordered, - That the Chair report Bill S-5, as amended, to the House of Commons.
Ordered,- That Bill S-5, An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts, be reprinted as amended for the use of the House of Commons at the Report Stage.
At 4:52 p.m., the Committee adjourned to the call of the Chair.
Luc Fortin
Clerk of the Committee