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MINUTES OF PROCEEDINGS
 
Meeting No. 4
 
Thursday, November 7, 2013
 

The Standing Committee on Justice and Human Rights met at 8:45 a.m. this day, in Room 268, La Promenade Building, the Chair, Mike Wallace, presiding.

 

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

 

Acting Members present: Hon. Wayne Easter for Sean Casey and Hon. Laurie Hawn for Blaine Calkins.

 

Associate Members present: Mark Warawa.

 

In attendance: Library of Parliament: Dominique Valiquet, Analyst; Cynthia Kirkby, Analyst. House of Commons: Philippe Grenier-Michaud, Procedural Clerk; Justin Vaive, Legislative Clerk; Mike MacPherson, Legislative Clerk.

 

Witnesses: Criminal Lawyers' Association: Michael Spratt, Member and Defence Counsel. Office of the Federal Ombudsman for Victims of Crime: Susan O'Sullivan, Federal Ombudsman for Victims of Crime. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section.

 
Pursuant to the Order of Reference of Wednesday, October 16, 2013, the Committee resumed consideration of Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders).
 

Michael Spratt and Susan O'Sullivan made statements and answered questions.

 

On motion of Robert Goguen, it was agreed, — That a proposed budget in the amount of $4,500, for the study of Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), be adopted.

 

Douglas Hoover answered questions.

 

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

 

The Chair called Clause 1.

 

On Clause 1,

Robert Goguen moved, — That Bill C-489, in Clause 1, be amended by replacing lines 7 to 18 on page 1 with the following:

“(a.1) being within two kilometres, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order;”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 1, as amended, carried.

 

On Clause 2,

Robert Goguen moved, — That Bill C-489, in Clause 2, be amended by replacing lines 12 to 14 on page 2 with the following:

“(2.1) For the purposes of subparagraph (2)(a.1)(i), the consent is valid only if it is given in writing or in the manner specified in the order.

(2.2) If the court makes the decision described in subparagraph (2)(a.1)(ii), it shall state the reasons for the decision in the record.”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 2, as amended, carried.

 

On Clause 3,

Robert Goguen moved, — That Bill C-489, in Clause 3, be amended by replacing lines 33 to 35 on page 2 with the following:

“(1.2) For the purposes of paragraph (1.1)(a), the consent is valid only if it is given in writing or in the manner specified in the order.

(1.3) If the court makes the decision described in paragraph (1.1)(b), it shall state the reasons for the decision in the record.”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 3, as amended, carried.

 

On Clause 4,

Robert Goguen moved, — That Bill C-489, in Clause 4, be amended by:

(a) replacing line 36 on page 2 with the following:

“4. Subsection 810.1(3.02) of the Act is”

(b) replacing lines 3 to 17 on page 3 with the following:

“that the judge considers necessary;”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 4, as amended, carried.

 

On Clause 5,

Robert Goguen moved, — That Bill C-489, in Clause 5, be amended by replacing line 21 on page 3 to line 3 on page 4 with the following:

“(3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm done to them or loss suffered by them as a result of the commission of an offence or the continuing impact of the commission of the offence on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

(3.2) If a statement referred to in subsection (3.1) has been provided to the releasing authority and the releasing authority decides not to impose any conditions under that subsection, it shall provide written reasons for the decision.

(3.3) For greater certainty, if no statement has been provided to the releasing authority, nothing in subsection (3.1) precludes the releasing authority from imposing any condition under subsection (3).”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 5, as amended, carried.

 

On New Clause 6,

Robert Goguen moved, — That Bill C-489 be amended by adding after line 3 on page 4 the following new clause:

“COMING INTO FORCE

6. This Act comes into force three months after the day on which it receives royal assent.”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

The Title carried.

 

The Bill, as amended, carried.

 

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

 

ORDERED, — That Bill C-489, as amended, be reprinted for the use of the House at report stage.

 

At 10:28 a.m., the sitting was suspended.

At 10:30 a.m., the sitting resumed.

 

On motion of Bob Dechert, it was agreed, — That the Committee proceed to sit in camera.

 

It was agreed, — That, the Committee undertake a study on the subject matter of Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures (clauses 471 and 472) on Tuesday, November 19 and Thursday, November 21, 2013.

 

At 10:45 a.m., the Committee adjourned to the call of the Chair.

 



Jean-François Pagé
Clerk of the Committee

 
 
2013/11/21 3:36 p.m.