Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 10 - Minutes of Proceedings
OTTAWA, Wednesday, June 3, 2009
(19)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:11 p.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Angus, Baker, P.C., Banks, Bryden, Dickson, Fraser, Joyal, P.C., Nolin, Rompkey, P.C., Wallace and Watt (11).
In attendance: Dominique Valiquet and Carolina Mingarelli, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, May 5, 2009, the committee continued its consideration of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct). (For complete text of the order of reference, see proceedings of the committee, Issue No. 8.)
WITNESSES:
Criminal Lawyers' Association:
Michael Spratt, Defense Lawyer, CLA Designate.
Canadian Bar Association:
Gaylene Schellenberg, Lawyer, Legislation and Law Reform;
Daniel A. MacRury, Treasurer, National Criminal Justice Section.
Canadian Bankers Association:
William P. Randle, Assistant General Counsel and Foreign Bank Secretary;
William Crate, Director, Security.
The chair made an opening statement.
Mr. MacRury and Mr. Spratt each made a statement and, together with Ms. Schellenberg, they answered questions.
At 5:30 p.m., the committee suspended.
At 5:33 p.m., the committee resumed.
Mr. Randle made a statement and, together with Mr. Crate, answered questions.
At 6:27 p.m., the committee suspended.
At 6:29 p.m., pursuant to rule 92 (2)(e), the committee resumed in camera to consider a draft agenda.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-205 at its meeting of Thursday, June 4, 2009.
At 6:40 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, June 4, 2009
(20)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:49 a.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Angus, Baker, P.C., Banks, Bryden, Chaput, Dickson, Fraser, Joyal, P.C., Nolin, Wallace and Watt (11).
Other senator present: The Honourable Senator Grafstein (1).
In attendance: Dominque Valiquet, Carolina Mingarelli and Jennifer Bird, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, May 5, 2009, the committee continued its consideration of Bill S-4, An Act to amend the Criminal Code (identity theft and related misconduct). (For complete text of the order of reference, see proceedings of the committee, Issue No. 8.)
WITNESSES:
Department of Justice Canada:
Joanne Klineberg, Counsel, Criminal Law Policy Section;
Marke D. Kilkie, Senior Counsel, Criminal Law Policy Section.
The chair made an opening statement.
Ms. Klineberg and Mr. Kilkie answered questions and, for the remainder of the consideration of Bill S-4, they answered questions from time to time.
It was agreed to proceed to clause-by-clause consideration of Bill S-4, Act to amend the Criminal Code (identity theft and related misconduct).
It was agreed that the title stand postponed.
The chair asked whether clause 1 shall carry.
The Honourable Senator Joyal, P.C. moved that Bill S-4 be amended in clause 1, on page 2,
(a) by replacing line 1 with the following:
"a birth certificate, a death certificate, a passport as defined in"; and
(b) by replacing line 5 with the following:
"status in Canada, a certificate of Indian status or an employee identity card that bears the employee's photograph and signature,".
After debate, the question being put on the motion in amendment, it was adopted.
The committee resumed consideration of the question that clause 1, as amended, carry.
The Honourable Senator Joyal, P.C. moved that Bill S-4 be amended in clause 1, on page 2,
(a) by replacing line 6 with the following:
"or any similar document, issued or purported to be issued by a department"; and
(b) by replacing lines 8 to 10 with the following:
"provincial or foreign government.".
After debate, the question being put on the motion in amendment, it was adopted on division.
It was agreed, on division, that clause 1, as amended, carry.
The chair asked whether clause 2 shall carry.
The Honourable Senator Fraser moved that Bill S-4 be amended in clause 2, on page 2,
(a) by replacing line 21 with the following:
"(a) falsely represents himself to be a"; and
(b) by replacing line 26 with the following:
"persons to believe that he is a peace".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2, as amended, carry.
It was agreed that clause 3 carry.
The chair asked whether clause 4 shall carry.
The Honourable Senator Joyal, P.C. moved that Bill S-4 be amended in clause 4, on page 3,
(a) by replacing line 23 with the following:
"4. (1) The portion of subsection 342(3) of the";
(b) by replacing line 29 with the following:
"data, including personal authentication information,"; and
(c) by adding after line 33 the following:
"(2) Subsection 342(4) of the Act is replaced by the following:
(4) In this section,
"personal authentication information" means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card;
"traffic" means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 4, as amended, carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
It was agreed, on division, that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed, on division, that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
The Honourable Senator Joyal, P.C. moved that Bill S-4 be amended on page 9 by adding after line 22 the following:
"REVIEW
11.1 Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.".
The Honourable Senator Banks moved that the motion in amendment be amended by re-numbering new clause 11.1 to clause 12 and by re-numbering subsequent clauses of this bill in consequence.
After debate, the question being put on the subamendment, it was adopted.
The question being put on the motion in amendment, as amended, it was adopted.
It was agreed that the new clause 12 carry.
It was agreed that clause 12, now renumbered 13, carry.
It was agreed that the title carry.
It was agreed, on division, that the bill, as amended, carry.
It was agreed that the bill be reported, as amended, to the Senate by the chair.
At 12:40 p.m., pursuant to the order of reference adopted by the Senate on Tuesday, May 5, 2009, the committee began its consideration of Bill S-205, An Act to amend the Criminal Code (suicide bombings).
It was agreed to proceed to clause-by-clause consideration of Bill S-205, An Act to amend the Criminal Code (suicide bombings).
It was agreed that the title stand postponed.
It was agreed that clause 1 carry.
It was agreed that the title carry.
It was agreed that the bill carry without amendment.
It was agreed that the bill be reconsidered.
It was agreed that clause 1 be reconsidered.
The Honourable Senator Wallace moved that Bill S-205 be amended in clause 1, on page 1 by replacing lines 8 to 10 with the following:
"bombing is an act that comes within paragraph (a) or (b) of the definition "terrorist activity" in subsection (1) if it satisfies the criteria of that paragraph."
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 1, as amended, carry.
After discussion, the Honourable Senator Wallace moved that Bill S-205 be amended after clause 1, on page 1, by adding after line 10 the following:
" 2. This Act comes into force on a day to be fixed by order of the Governor in Council.".
The question being put on the motion in amendment, it was adopted.
It was agreed that the new clause 2 carry.
It was agreed that the bill, as amended, carry.
It was agreed that the bill be reported, as amended, to the Senate by the chair.
At 12:51 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee