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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 44
Monday, December 12, 2022, 11:11 a.m. to 12:49 p.m.
Webcast
Presiding
Randeep Sarai, Chair (Liberal)

House of Commons
• Marie-Hélène Sauvé, Legislative Clerk
 
Library of Parliament
• Chloé Forget, Analyst
Barreau du Québec
• Catherine Claveau, Bâtonnière du Québec
• Nicolas Le Grand Alary, Lawyer, Secretariat of the Order and Legal Affairs
Department of Justice
• Matthew Taylor, General Counsel and Director, Criminal Law Policy Section
• Normand Wong, Senior Counsel, Criminal Law Policy Section
Pursuant to the order of reference of Thursday, November 24, 2022, the committee commenced consideration of Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures).

Catherine Claveau made a statement and, with Nicolas Le Grand Alary, answered questions.

At 11:59 a.m., the sitting was suspended.

At 12:02 p.m., the sitting resumed.

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

The Chair called Clause 1.

Matthew Taylor answered questions.

By unanimous consent, Clauses 1 to 38 inclusive carried severally.

On Clause 39,

Rhéal Éloi Fortin moved, — That Bill S-4, in Clause 39, be amended by replacing line 19 on page 18 with the following:

“715.24, by audioconference or videoconference.”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived.

Clause 39 carried on division.

By unanimous consent, Clauses 40 to 45 inclusive carried severally.

On Clause 46,

Rhéal Éloi Fortin moved, — That Bill S-4, in Clause 46, be amended

(a) by replacing line 22 on page 20 with the following:

“715.24, the court must be of the opinion that the appear-”

(b) by deleting lines 7 to 11 on page 22.

(c) by renumbering sections 715.242 and 715.243 and amending all references to them accordingly.

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived.

Rob Moore moved, — That Bill S-4, in Clause 46, be amended

(a) by deleting lines 4 to 16 on page 21.

(b) by replacing line 7 on page 22 with the following:

“715.241 Despite section 715.231, the court”

(c) by renumbering sections 715.234 and 715.235 and amending all references to them accordingly.

After debate, the question was put on the amendment of Rob Moore and it was negatived.

Rob Moore moved, — That Bill S-4, in Clause 46, be amended by replacing line 1 on page 22 with the following:

“715.24 In any proceedings, other than a trial for a summary conviction or an indictable offence, in respect of which this Act”

After debate, the question was put on the amendment of Rob Moore and it was negatived.

Rhéal Éloi Fortin moved, — That Bill S-4, in Clause 46, be amended by replacing line 22 on page 22 with the following:

“represented by counsel. If they are not represented by counsel, the accused or offender must be given the opportunity to communicate privately with counsel in order to request legal advice.”

After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived.

Clause 46 carried on division.

By unanimous consent, Clauses 47 to 79 inclusive carried severally.

The Title carried.

The Bill was adopted.

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

At 12:33 p.m., the sitting was suspended.

At 12:39 p.m., the sitting resumed in camera.

Pursuant to the motion adopted by the House on Tuesday, June 21, 2022 and the motion adopted by the committee on Thursday, September 22, 2022, the committee resumed its study of the subject matter of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication).

The committee commenced consideration of a draft report.

It was agreed, — That the draft report, as amended, be adopted.

It was agreed, — That the report be entitled: "The Defence of Extreme Intoxication Akin to Automatism: A Study of the Legislative Response to the Supreme Court of Canada Decision R. V. Brown".

It was agreed, — That the Chair, clerk and analysts be authorized to make such grammatical and editorial changes as may be necessary without changing the substance of the report.

It was agreed, — That, pursuant to Standing Order 109, the committee request that the government table a comprehensive response to the report.

ORDERED, — That the Chair present the report to the House.

At 12:49 p.m., the committee adjourned to the call of the Chair.



Jean-François Lafleur
Clerk of the committee