Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 15 - Minutes of Proceedings
OTTAWA, Wednesday, October 7, 2009
(30)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:09 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., Campbell, Carignan, Chaput, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (12).
In attendance: Jennifer Bird and Dominque Valiquet, 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, June 16, 2009, the committee continued its consideration of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody). (For complete text of the order of reference, see proceedings of the committee, Issue No. 13.)
WITNESS:
Department of Justice Canada:
Catherine Kane, Acting Director General and Senior General Counsel, Criminal Law Policy Section.
The chair made an opening statement.
Ms. Kane was invited to the table and during the consideration of Bill C-25, she answered questions from time to time.
At 4:11 p.m, it was agreed to proceed to clause-by-clause consideration of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody).
It was agreed that the title stand postponed.
It was agreed that clause 1 carry.
The Chair asked whether clause 2 shall carry.
The Honourable Senator Baker, P.C., moved that Bill C-25 be amended in clause 2, on page 1, by replacing lines 10 and 11 with the following:
"orders that the accused be detained in custody, on the basis of one or more grounds set out in subsection (10), primarily because of evidence of a previous conviction of''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, P.C., Campbell, Chaput, Joyal, P.C., Milne, Watt—6
NAYS
The Honourable Senators
Angus, Carignan, Nolin, Rivest, Wallace—5
ABSTENTIONS
The Honourable Senator
Fraser—1
It was agreed, on division, that clause 2, as amended, carry.
The Chair asked whether clause 3 shall carry.
The Honourable Senator Joyal, P.C., moved that Bill C-25 be amended in clause 3, on page 1,
(a) by replacing line 21 with the following:
"to a maximum of one and one-half days for each day spent in''; and
(b) by replacing lines 24 and 25 with the following:
"stances justify it, the maximum is two days for each day spent in custody unless''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, P.C., Campbell, Chaput, Joyal, P.C.,
Milne, Rivest, Watt—7
NAYS
The Honourable Senators
Angus, Carignan, Nolin, Wallace—4
ABSTENTIONS
The Honourable Senator
Fraser—1
Resuming debate on whether clause 3, as amended, shall carry.
The Honourable Senator Baker, P.C., moved that Bill C-25 be amended in clause 3, by replacing lines 14 and 15 with the following:
"(3.4) Failure to comply with subsection (3.3) does not affect the validity of the''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, P.C., Campbell, Chaput, Joyal, P.C., Milne, Watt—6
NAYS
The Honourable Senators
Angus, Carignan, Nolin, Rivest, Wallace—5
ABSTENTIONS
The Honourable Senator
Fraser—1
It was agreed, on division, that clause 3, as amended, carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
It was agreed that the title carry.
It was agreed, on division, that the Bill carry with amendments.
It was agreed not to append observations to the report.
It was agreed that the bill be reported to the Senate by the chair.
At 5:54 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, October 8, 2009
(31)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:48 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., Campbell, Carignan, Chaput, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (12).
In attendance: Jennifer Bird and Robin MacKay, 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 Thursday, September 17, 2009, the committee started its consideration of Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts.
APPEARING:
The Honourable Rob Nicholson, P.C., M.P., Minister of Justice and Attorney General of Canada.
WITNESSES:
Department of Justice Canada:
Greg Yost, Counsel, Criminal Law Policy.
Canadian Council of Criminal Defence Lawyers:
Phil Downes, Representative.
Criminal Lawyers' Association:
Howard L. Krongold, Representative.
The chair made an opening statement.
Mr. Nicholson, P.C., made a statement.
At 10:56 p.m., the committee suspended.
At 10:58 p.m., the committee resumed.
Mr. Downes and Mr. Krongold each made a statement and, together, answered questions.
At 11:34 p.m., the committee suspended.
At 11:35 p.m., the committee resumed.
Mr. Nicholson, P.C., together with Mr. Yost, answered questions.
At 12:21 p.m., the committee suspended.
At 12:22 p.m., the committee resumed.
Mr. Downes and Mr. Krongold continued answering questions.
At 12:56 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee