Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 2 - Evidence for November 25, 1999


OTTAWA, Thursday, November 25, 1999

The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill C-7, to amend the Criminal Records Act and to amend another Act in consequence, met this day at 10:45 a.m. to give consideration to the bill.

Senator Lorna Milne (Chairman) in the Chair.

[English]

The Chairman: Honourable senators, I see a quorum.

Is it agreed, honourable senators, that the committee move to clause-by-clause consideration of Bill C-7?

Hon. Senators: Agreed.

The Chairman: Shall the title stand postponed?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 1 carry?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 2 carry?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 3 carry?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 4 carry?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 5 carry?

Hon. Senators:Agreed.

The Chairman: Carried. Shall clause 6 carry?

Hon. Senators: Agreed

Senator Fraser: I should like to move that clause -- shall I dispense with reading the motion?

The Chairman: We all have a copy before us.

Senator Cools: The motion is very short. It could easily be read into the record.

Senator Fraser: I move that Bill C-7, in clause 6, be amended by:

(a) replacing line 42 on page 2 with the following:

"6.3 (1) The definitions in this subsection apply in this section.

"children" means persons who are less than 18 years of age.

"vulnerable persons" means persons who, because of their age, a disability or other circumstances, whether temporary or permanent,

(a) are in a position of dependence on others; or

(b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.

(2) The Commissioner shall make, in";

(b) replacing, in the French version, line 43 on page 2 with the following:

"royale du Canada une indication permettant";

(c) replacing lines 2 and 3 on page 3 with the following:

"an individual's conviction for a sexual offence listed in the schedule in respect of which a pardon";

(d) adding after line 5 on page 4 the following:

"(9) The Governor in Council may, by order, amend the schedule by adding or deleting a reference to a sexual offence."; and

(e) making consequential changes to the numbering of provisions and any cross-references to them.

The Chairman: Shall clause 6 as amended by Senator Fraser carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 7 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 8 carry?

Senator Fraser: Honourable senators, I move that Bill C-7 in clause 8 be amended by:

(a) deleting lines 5 and 6 on page 5;

(b) deleting lines 11 to 13 on page 5;

(c) making consequential changes to the numbering of provisions and any cross-references to them.

The Chairman: Shall clause 8 as amended carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 9 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall clause 10 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Is there a new clause?

Senator Fraser: Honourable senators, I move by that Bill C-7 be amended by adding after line 27 on page 5 the following:

"8.1 The Act is amended by adding, after section 10, the schedule set out in the schedule to this Act.".

The Chairman: You have moved a new clause. Shall clause 8.1 carry?

Hon. Senators: Agreed.

The Chairman: Carried. Is there a new schedule?

Senator Fraser: Honourable senator, I move that Bill C-7 be amended by adding after line 3 on page 6 the following:

"SCHEDULE (Section 8.1)

SCHEDULE (Subsections 6.3(1) and (9))

1. Offences under the following provisions of the Criminal Code:

(a) subsection 7(4.1) (sexual offence against a child by an act or omission outside Canada);

(b) section 151 (sexual interference with a person under 14);

(c) section 152 (invitation to a person under 14 to sexual touching);

(d) section 153 (sexual exploitation of a person 14 or more but under 18);

(e) section 153.1 (sexual exploitation of a person with a disability);

(f) section 155 (incest);

(g) section 159 (anal intercourse);

(h) subsection 160(3) (bestiality in the presence of a person under 14 or inciting a person under 14 to commit bestiality);

(i) paragraph 163(1)(a) (obscene materials);

(j) paragraph 163(2)(a) (obscene materials);

(k) section 163.1 (child pornography);

(l) section 168 (mailing obscene matter);

(m) section 170 (parent or guardian procuring sexual activity);

(n) section 171 (householder permitting sexual activity);

(o) section 172 (corrupting children);

(p) section 173 (indecent acts);

(q) subsection 212(2) (living on avails of prostitution of a person under 18);

(r) subsection 212(2.1) (living on avails of prostitution of a person under 18);

(s) subsection 212(4) (obtain, or attempt to obtain, sexual services of a person under 18);

(t) section 271 (sexual assault);

(u) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm);

(v) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm);

(w) section 273 (aggravated sexual assault);

(x) paragraph 273.3(1)(a) (removal of child under 14 from Canada for purposes of listed offences);

(y) paragraph 273.3(1)(b) (removal of child 14 or more but under 18 from Canada for purposes of listed offences);

(z) paragraph 273.3(1)(c) (removal of child under 18 from Canada for purposes of listed offences);

(z.1) section 280 (abduction of a person under 16);

(z.2) section 281 (abduction of a person under 14);

(z.3) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in this schedule;

(z.4) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in this schedule;

(z.5) subsection 372(2) (indecent phone calls); and

(z.6) section 463 with respect to an attempt to commit an offence listed in this section or with respect to being an accessory after the fact to the commission of an offence listed in this schedule.

2. Offences under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1988:

(a) subsection 146(1) (sexual intercourse with a female under 14);

(b) subsection 146(2) (sexual intercourse with a female 14 or more but under 16);

(c) section 151 (seduction of a female 16 or more but under 18);

(d) section 153 (sexual intercourse with stepdaughter, etc., or female employee);

(e) section 155 (buggery or bestiality);

(f) section 157 (gross indecency);

(g) section 166 (parent or guardian procuring defilement); and

(h) section 167 (householder permitting defilement).

3. Offences under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1983:

(a) section 144 (rape);

(b) section 145 (attempt to commit rape);

(c) section 149 (indecent assault on female);

(d) section 156 (indecent assault on male);

(e) section 245 (common assault); and

(f) subsection 246(1) (assault with intent to commit an indictable offence).".

The Chairman: Is there agreement that we dispense with reading the entire schedule?

Senator Cools: As long as it appears in the record.

The Chairman: This will appear on the record and it will appear as part of the bill.

Senator Beaudoin: And in both languages.

Hon. Senators: Agreed.

The Chairman: Then shall the new schedule carry?

Hon. Senators: Agreed.

The Chairman: Carried. Shall the title carry?

Hon. Senators: Agreed.

The Chairman: Carried. Is it agreed that this bill, as amended, be adopted?

Hon. Senators: Agreed.

The Chairman: Carried. Is it agreed that I report this bill as amended to the Senate?

Hon. Senators: Agreed.

The Chairman: It is agreed. I doubt if it will be done today, by the time we put it together. I will probably report on your behalf next Tuesday. If there is no further business before the committee, I declare the meeting adjourned.

The committee adjourned.


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