Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 6 - Minutes of Proceedings
OTTAWA, Wednesday, May 5, 2010
(13)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:15 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., Boisvenu, Carignan, Carstairs, P.C., Chaput, Fraser, Lang, Runciman and Wallace (10).
In attendance: Jennifer Bird and Cynthia Kirkby, Analysts, Parliamentary Information and Research Service, Library of Parliament; and Mona Ishack, Communications Officer, Communications Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Monday, March 29, 2010, the committee continued its study of Bill S-2, An Act to amend the Criminal Code and other acts (Protecting Victims From Sex Offenders Act). (For complete text of the order of reference, see proceedings of the committee, Issue No. 3.)
WITNESS:
Université de Montréal:
Christopher Earls, Professor.
The chair made an opening statement.
Mr. Earls made a statement and answered questions.
At 4:27 p.m., the committee suspended.
At 4:28 p.m., the committee resumed.
The Honourable Senator Lang, moved:
That the following material be filed as exhibits with the clerk of the committee:
Map indicating "Who do CoSA Connect with in Communities'' — Submitted by witness Susan Love, Circles of Support & Accountability, at the April 22, 2010 meeting, on Bill S-2. (Exhibit 5900-3.40/L1-S-2-7, 4, "2'')
Response from David Truax, Ontario Provincial Police, to a question taken on notice at the April 22, 2010 meeting, on Bill S-2. (Exhibit 5900-3.40/L1-S-2-7, 4, "3'')
Response from David Truax, Ontario Provincial Police, to a question taken on notice at the April 22, 2010 meeting, on Bill S-2. (Exhibit 5900-3.40/L1-S-2-7, 4, "4'')
Response from Greg Yost, Department of Justice, to a question taken on notice at the April 21, 2010 meeting, on Bill S-2. (Exhibit 5900-3.40/L1-S-2-7, 4, "5'')
Letter from Western Provincial Attorneys General, dated September 29, 2009, regarding Bill C-34 and Bill S-2. (Exhibit 5900-3.40/L1-S-2-7,6,''6'')
Letter from Don Morgan, Minister of Justice, Province of Saskatchewan, dated April 19, 2010 regarding Bill S-2. (Exhibit 5900-3.40/L1-S-2-7,6,''7'')
Response from Jackson Lafferty, Office of the Minister of Justice, Northwest Territories, dated April 29, 2010 regarding Bill S-2. (Exhibit 5900-3.40/L1-S-2-7,6,''8'')
Response from Lieutenant Colonel Bruce MacGregor, Department of National Defense, to a question taken on notice at the April 14, 2010 meeting, on Bill S-2. (Exhibit 5900- 3.40/L1-S-2-7,3,''9'')
The question being put on the motion, it was adopted.
At 4:27 p.m., the committee suspended.
At 4:48 p.m., pursuant to the order of reference adopted by the Senate on Wednesday, March 31, 2010, the committee began its study of Bill S-215, An Act to amend the Criminal Code (suicide bombings).
It was agreed to proceed to clause-by-clause consideration of Bill S-215, 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 clause 2 carry.
It was agreed that the title carry.
It was agreed that the bill carry.
It was agreed that the chair report the bill to the Senate.
At 5:33 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, May 6, 2010
(14)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:42 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., Boisvenu, Carignan, Carstairs, P.C., Fraser, Lang, Patterson, Peterson, Poulin, Runciman and Wallace (12).
In attendance: Jennifer Bird and Cynthia Kirkby, Analysts, Parliamentary Information and Research Service, Library of Parliament; and Mona Ishack, Communications Officer, Communications Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Monday, March 29, 2010, the committee continued its study of Bill S-2, An Act to amend the Criminal Code and other acts (Protecting Victims From Sex Offenders Act). (For complete text of the order of reference, see proceedings of the committee, Issue No. 3.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-2, An Act to amend the Criminal Code and other Acts.
It was agreed that the title stand postponed
It was agreed that clause 1, which contains the short title, stand postponed.
With leave and notwithstanding rule 96 (7.1), it was agreed that the clauses be grouped according to parts of the bill for the purpose of clause-by-clause consideration.
It was agreed that clauses 2 to 4 carry.
The chair asked whether clause 5 shall carry.
The Honourable Senator Baker, P.C., moved:
That Bill S-2 be amended in clause 5,
(a) on page 5, by replacing line 6 with the following:
"5.(1) Subsections 490.012(1) to (3) of the Act are replaced by''; and
(b) on page 6, by replacing line 15 with the following:
"(2) Section 490.012 of the Act is amended by adding the following after subsection (5):
(6) If the court does not consider the matter of making an order''.
After debate, it was agreed that consideration of clause 5 and the motion in amendment from the Honourable Senator Baker, P.C., stand postponed.
It was agreed that clauses 6 to 46 carry.
It was agreed that consideration of clause 47 stand postponed.
It was agreed that clauses 48 to 65 carry.
The committee resumed consideration of the motion in amendment to clause 5 from the Honourable Senator Baker, P.C.:
That Bill S-2 be amended in clause 5,
(a) on page 5, by replacing line 6 with the following:
"5. (1) Subsections 490.012(1) to (3) of the Act are replaced by''; and
(b) on page 6, by replacing line 15 with the following:
"(2) Section 490.012 of the Act is amended by adding the following after subsection (5):
(6) If the court does not consider the matter of making an order''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, P.C., Carstairs, P.C., Peterson, Poulin — 4
NAYS
The Honourable Senators
Angus, Boisvenu, Carignan, Lang, Patterson,
Runciman, Wallace — 7
ABSTENTIONS
The Honourable Senators
Fraser — 1
The committee resumed consideration of clause 5.
It was agreed that clause 5 carry.
The committee resumed consideration of clause 47.
It was agreed that clause 47 carry, on division.
It was agreed that the schedule carry.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that the bill carry.
It was agreed that the committee consider appending observations to the report.
At 11:25 a.m., the committee suspended.
At 11:27 a.m., pursuant to rule 92 (2)(f), the committee resumed in camera to consider a draft report (observations).
It was agreed that senators' staff be permitted to remain in the room during the in camera portion of today's meeting.
At 12:03 p.m., the committee suspended.
At 12:11 p.m., the committee resumed.
It was agreed that the committee not append observations to the report.
At 12:11 p.m., the committee resumed in public.
It was agreed that the chair report this bill to the Senate.
At 12:12 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee