Proceedings of the Standing Senate Committee on
Legal and
Constitutional Affairs
Issue 18 - Minutes of Proceedings
OTTAWA, Tuesday, June 11, 1996 (21)
The Standing Senate Committee on Legal and Constitutional Affairs, met in camera, this day in Room 172-E, Centre Block, at 9:32 a.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Bryden, Carstairs, Doyle, Gigantès, Jessiman, Lewis, Losier-Cool, Milne, Nolin, Pearson, Poulin and Stanbury (12).
In attendance: Jane Allain, Research Officer, Research Branch of the Library of Parliament.
Pursuant to the Order of Reference adopted by the Senate on Thursday, March 21, 1996, the committee continued its consideration of Bill C-8, An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof. (See Issue No. 2, Thursday, March 21, 1996 for full text of Order of Reference.)
It was agreed - That Senators' assistants be allowed to remain in the room for the duration of the in camera meeting.
The committee discussed the draft report.
It was agreed - That a revised draft of the report be distributed to the members for their comments as soon as possible, even if available only in English.
At 10:50 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, June 12, 1996 (22)
The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 3:30 p.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Bryden, Carstairs, Doyle, Gigantès, Jessiman, Lewis, Losier-Cool, Milne, Nolin and Pearson (11).
Other Senator present: The Honourable Senator Lowell Murray (1).
In attendance: Jane Allain, Research Officer, Research Branch of the Library of Parliament; Mark Audcent, Acting Law Clerk and Parliamentary Counsel.
Also in attendance: The official reporters of the Senate.
WITNESS:
For Bill S-8:
From Cunningham, Swan, Carty, Little & Bonham:
Mr. Robert A. Little, Legal Counsel.
Pursuant to the Order of Reference adopted by the Senate on Monday, June 10, 1996, the committee commenced its consideration of Bill S-8, An Act respecting Queen's University at Kingston.
The Chair made an opening statement.
Mr. Little made a statement and, together with Senator Murray, answered questions.
It was moved by Honourable Senator Lewis - THAT Bill S-8 be reported to the Senate without amendment.
The question being put on the motion, it was agreed on division.
Pursuant to the Order of Reference adopted by the Senate on Thursday, March 21, 1996, the committee continued its consideration of Bill C-8, An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof. (See Issue No. 2, Wednesday, March 27, 1996, for full text of Order of Reference.)
It was agreed, - That the committee complete clause-by-clause consideration of Bill C-8.
It was moved by the Honourable Senator Beaudoin - That the motions to amend Bill C-8 be deemed to have been read in both French and English.
The question being put on the motion, it was agreed.
It was agreed - That clause 1 stand.
It was agreed - That clause 2 be amended as follows:
Page 2, clause 2: strike out line 4 and substitute the following:
"cluded in Schedule I, II, III, IV or V;"
It was agreed - that clauses 3 to 30 carry.
It was agreed - THAT clause 31 be amended as follows:
Page 28, clause 31: in the French version, strike out lines 6 to 8 and substitute the following:
"réglementaire - l'habilitant à se livrer à des opérations à l'égard de substances désignées ou de précurseurs - exerce son activité commerciale ou professionnelle. Il"
It was agreed - That clauses 32 to 54 carry.
It was agreed - That clause 55 be amended as follows:
Page 39, clause 55: in the English version, strike out line 5 and substitute the following:
"applications and distribution of controlled substances"
It was agreed - That clause 55 be further amended to read as follows:
Page 39, clause 55: in the English version, strike out line 42 and substitute the following:
"stance included in Schedule I, II, III, IV, V or VI"
It was agreed - That clauses 56 to 63 carry.
It was agreed - That clause 64 be amended as follows:
Page 45, clause 64: strike out lines 18 to 31 and substitute the following:
"64. Schedule II to the Corrections and Conditional Release Act is replaced by the following:
SCHEDULE II
(Subsections 107(1) and 125(1) and sections 129, 130 and 132)
1. An offence under any of the following provisions of the Narcotic Control Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:
(a) section 4 (trafficking);
(b) section 5 (importing and exporting);
(c) section 6 (cultivation);
(d) section 19.1 (possession of property obtained by certain offences); and
(e) section 19.2 (laundering proceeds of certain offences).
2. An offence under any of the following provisions of the Food and Drugs Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:
(a) section 39 (trafficking in controlled drugs);
(b) section 44.2 (possession of property obtained by trafficking in controlled drugs);
(c) section 44.3 (laundering proceeds of trafficking in controlled drugs);
(d) section 48 (trafficking in restricted drugs);
(e) section 50.2 (possession of property obtained by trafficking in restricted drugs); and
(f) section 50.3 (laundering proceeds of trafficking in restricted drugs).
3. An offence under any of the following provisions of the Controlled Drugs and Substances Act that was prosecuted by way of indictment:
(a) section 5 (trafficking);
(b) section 6 (importing and exporting);
(c) section 7 (production);
(d) section 8 (possession of property obtained by certain offences); and
(e) section 9 (laundering proceeds of certain offences).
4. The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in items 1 to 3 of this Schedule."
It was agreed - THAT clause 65 be amended as follows:
Page 45, clause 65: strike out lines 34 and 35 and substitute the following:
"(c) an offence described in subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and"
It was agreed - THAT clauses 66 to 70 carry.
It was agreed - THAT clause 71 be amended as follows:
Page 48, clause 71: strike out line 26 and substitute the following:
"section 5(3) or (4), 6(3) or 7(2) of the Controlled"
It was agreed - THAT clause 71 be further amended as follows:
Page 49, clause 71: strike out line 3 and substitute the following:
"subsection 5(3) or (4), 6(3) or 7(2) of the Con-"
It was agreed - THAT clause 72 be amended as follows:
Page 49, clause 72: strike out lines 9 to 13 and substitute the following:
"the end of subparagraph (viii) and by adding the following after subparagraph (ix):
(x) paragraph 4(4)(a) of the Controlled Drugs and Substances Act, or
(xi) subsection 5(4) of the Controlled"
It was agreed - THAT clause 73 carry.
It was agreed - THAT clause 74 be amended as follows:
Page 50, clause 74: in the French version, strike out lines 7 and 8 and substitute the following:
"paragraphe 16(1) de la Loi réglementant certaines drogues et autres substances."
It was agreed - THAT clauses 75 to 95 carry.
It was agreed - THAT new clause 65.1 be added as follows:
Page 45, new clause 65.1: immediately after line 36 add the following:
"65.1 Paragraph 109(1)(c) of the Act, as enacted by section 139 of the Firearms Act, is replaced by the following:
(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or"
It was agreed - THAT new clause 76.1 be added as follows:
Page 50, new clause 76.1: immediately after line 30 add the following:
"Firearms Act
76.1 Subparagraph 5(2)(a)(iv) of the Firearms Act is replaced by the following:
(iv) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act;"
Dr. Heather Lank, the Clerk of the Committee, answered a question.
Mr. Mark Audcent, Acting Law Clerk and Parliamentary Counsel, answered a question.
It was agreed - THAT new clause 83.1 read as follows:
Page 52, new clause 83.1: immediately after line 9 add the following:
"National Defence Act
83.1 Paragraph 147.1(1)(c) of the National Defence Act, as enacted by section 176 of the Firearms Act, is replaced by the following:
(c) relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or"
It was agreed - THAT new clauses 93.1 to 93.3 read as follows:
Page 55, new clauses 93.1 to 93.3: immediately after line 11 add the following:
"Young Offenders Act
93.1 Item 4 of the Schedule to the Young Offenders Act is replaced by the following:
4. An offence under any of the following provisions of the Controlled Drugs and Substances Act:
(a) section 5 (trafficking);
(b) section 6 (importing and exporting); and
(c) section 7 (production of substance).
Conditional Amendments
Bill C-7
93.2 If Bill C-7, introduced during the second session of the thirty-fifth Parliament and entitled An Act to establish the Department of Public Works and Government Services and to amend and repeal certain Acts, is assented to, then, on the later of the day on which subsection 3(1) of that Act comes into force and the day on which subsection 14(4) of this Act comes into force, subsection 14(4) of this Act is replaced by the following:
Minister of Public Works and Government Services
(4) Where the Attorney General so requests, a judge appointing a person under subparagraph (3)(b)(i) shall appoint the Minister of Public Works and Government Services.
93.3 On the later of the day on which subsection 515(4.1) of the Criminal Code, as enacted by section 153 of the Firearms Act, comes into force and subsection 515(4.1) of the Criminal Code, as enacted by subsection 71(1) of this Act, comes into force, subsection 515(4.1) of the Criminal Code is replaced by the following:
Condition prohibiting possession of firearms, etc.
(4.1) When making an order under subsection (2), in the case of an accused who is charged with
(a) an offence in the commission of which violence against a person was used, threatened or attempted,
(b) an offence under section 264 (criminal harassment),
(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,
the justice shall add to the order a condition prohibiting the accused from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or of any other person."
It was agreed - That Schedule I carry.
It was moved by the Honourable Senator Milne - That to Schedule II be added immediately after subitem 1(8) the following:
"(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks"
After debate, it was agreed.
It was agreed - That Schedules III to VIII carry.
It was agreed - That the Title carry.
It was agreed - That Bill C-8, as amended, carry.
It was agreed - That Bill C-8 be reported to the Senate, as amended.
The Honourable Senator Milne made a statement.
At 4:27 p.m., the sitting was suspended.
At 4:30 p.m., the sitting was resumed and the committee proceeded in camera.
The committee considered a draft report.
The committee considered a draft press release.
It was agreed - That the Steering Committee have the authority to approve the final versions of the report and the press release on Bill C-8.
At 5:35 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Heather Lank
Clerk of the Committee