Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 15 - Minutes of Proceedings
OTTAWA, Wednesday, November 3, 2010
(34)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:20 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, Boisvenu, Carignan, Chaput, Fraser, Joyal, P.C., Lang, Runciman, and Wallace (11).
In attendance: Robin MacKay, Analyst, 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 Wednesday, September 29, 2010, the committee continued its consideration of Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 13.)
WITNESSES:
Law Enforcement Against Prohibition:
David Bratzer, Executive Board Member (by video conference).
Association des directeurs de police du Québec:
Yves Morency, President.
Service de police de la Ville de Montréal:
Jean-Guy Gagnon, Assistant Director.
Canadian Students for Sensible Drug Policy:
Tara Lyons, Executive Director.
As an individual:
Tracey Anderson;
Michelle Mann, Lawyer.
University of the Fraser Valley:
Darryl Plecas, Director, Centre for Criminal Justice Research.
University of Ottawa:
Larry Chartrand, Associate Professor.
Assembly of First Nations:
George Stanley, Alberta Regional Chief;
Roger Jones, Policy Adviser.
The chair made an opening statement.
Mr. Morency, Mr. Gagnon and Mr. Bratzer each made a statement and answered questions.
At 5:35 p.m., the committee suspended.
At 5:43 p.m., the committee resumed.
Ms. Lyons and Ms. Anderson each made a statement and answered questions.
At 6:39 p.m., the committee suspended.
At 6:47 p.m., the committee resumed.
Ms. Mann and Mr. Plecas each made a statement and answered questions.
At 7:45 p.m., the committee suspended.
At 7:54 p.m., the committee resumed.
Mr. Chartrand and Mr. Stanley each made a statement and, together with Mr. Jones, answered questions.
At 8:48 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, November 4, 2010
(35)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:35 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, Boisvenu, Carignan, Chaput, Fraser, Joyal, P.C., Lang, Runciman, Stewart Olsen, and Wallace (12).
In attendance: Robin MacKay, Analyst, 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 Wednesday, September 29, 2010, the committee continued its consideration of Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 13.)
WITNESS:
Department of Justice Canada:
Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section.
The Honourable Senator Angus moved:
That, notwithstanding the motion adopted on March 10, 2010, the Honourable Senator Joyal, P.C., replace the chair as a member of the Subcommittee on Agenda and Procedure from November 13, 2010 to November 27, 2010 inclusive.
The question being put on the motion, it was adopted.
The Honourable Senator Carignan moved:
That the following material be filed as exhibits with the Clerk of the Committee:
- Update to Government Response from the Honourable Peter MacKay, Minister of National Defence dated June 16, 2010 relating to the Committee's Final Report Equal Justice: Reforming Canada's System of Courts Martial. (Exhibit 5900-3.40/L1-SS-4-7,"1")
- Response from Don Spicer of the Halifax Regional Police to a question taken on notice at the October 28, 2010 meeting, regarding Bill S-10. (Exhibit 5900-3.40/L1-S-10-7,14,"1")
- Response from Catherine Kane from Justice Canada to a question taken on notice at the October 20, 2010 meeting, regarding Bill S-10. (Exhibit 5900-3.40/L1-S-10-7,13,"2")
The question being put on the motion, it was adopted.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-10, An Act to amend the Controlled Drugs and Substances Act.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Baker, P.C., moved:
That Bill S-10 be amended in clause 2, on page 2, by replacing lines 5 to 8 with the following:
"designated substance offence within the previous 10 years and served a term of imprisonment of one year or more for that offence, or".
After debate, the question being put on the motion in amendment, it was negatived.
The chair asked whether clause 2 shall carry.
It was agreed that clause 2 carry, on division.
It was agreed that clause 3 carry, on division.
The chair asked whether clause 4 shall carry.
The Honourable Senator Baker, P.C., moved:
That Bill S-10 be amended in clause 4, on page 4, by replacing line 8 with the following:
"than 201 and more than 20, and the".
After debate, the question being put on the motion in amendment, it was negatived.
The chair asked whether clause 4 shall carry.
It was agreed that clause 4 carry, on division.
The chair asked whether clause 5 shall carry.
The Honourable Senator Baker, P.C., moved:
That Bill S-10 be amended in clause 5, on page 5, by replacing lines 15 to 22 with the following:
"8.1 (1) On two occasions, within two years and five years respectively after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.".
After debate, the Honourable Senator Wallace moved:
That the motion in amendment be amended on line 1 by deleting the words "On two occasions," and "two years" and "respectively" and replacing the word "within" with "Within".
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 clause 5 as amended carry.
The chair asked whether clause 6 shall carry.
The Honourable Senator Baker, P.C., moved:
That Bill S-10 be amended in clause 6, on page 6, by adding after line 14 the following:
"(6) The court is not required to impose a minimum punishment of imprisonment if it is satisfied that
(a) the person to be sentenced is an aboriginal offender;
(b) the sentence would be excessively harsh because of the offender's circumstances; and
(c) another sanction is reasonable in the circumstances and available.
(7) If, under subsection (6), the court decides not to impose a minimum punishment, it shall give reasons for that decision.".
It was agreed that Mr. Saint-Denis be invited to the table and, during the consideration of Bill S-10, he answered questions from time to time.
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., Banks, Chaput, Fraser, Joyal, P.C. — 5
NAYS
The Honourable Senators:
Angus, Boisvenu, Carignan, Lang, Runciman,
Stewart Olsen, Wallace — 7
The chair asked whether clause 6 shall carry.
It was agreed that clause 6 carry, on division.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry, on division.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
It was agreed that clause 1, which contains the short title, carry, on division.
It was agreed that the title carry.
It was agreed that the Bill, as amended, carry on the following vote:
YEAS
The Honourable Senators:
Angus, Boisvenu, Carignan, Lang, Runciman,
Stewart Olsen, Wallace — 7
NAYS
The Honourable Senators:
Baker, P.C., Banks, Chaput, Joyal, P.C. — 4
ABSTENTIONS
The Honourable Senator:
Fraser — 1
It was agreed that the chair or deputy chair report this bill, as amended, to the Senate.
At 12:35 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee