Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 22 - Minutes of Proceedings
OTTAWA, Wednesday, March 2, 2011
(50)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:18 p.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Boisvenu, Carignan, Chaput, Fraser, Frum, Joyal, P.C., Raine, Runciman, Wallace and Watt (11).
In attendance: Laura Barnett, Marcia Jones, 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, March 1, 2011, the committee began its consideration of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act, and, pursuant to the order of reference adopted by the Senate on Tuesday, March 1, 2011, the committee began its consideration of Bill C-21, An Act to amend the Criminal Code (sentencing for fraud).
APPEARING:
The Honourable Robert Nicholson, P.C., M.P., Minister of Justice and Attorney General of Canada.
WITNESSES:
Department of Justice Canada:
Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section;
John Giokas, Counsel, Criminal Law Policy Section;
Joanne Klineberg, Counsel, Criminal Law Policy Section.
Department of National Defence:
Lieutenant-Colonel Bruce MacGregor, Director of Law, Military Justice Policy and Research.
National Parole Board:
Suzanne Brisebois, Director General, Policy Planning and Operations.
Statistics Canada:
Julie McAuley, Director, Canadian Centre for Justice Statistics;
Craig Grimes, Senior Analyst, Canadian Centre for Justice Statistics;
Rebecca Kong, Chief, Correctional Services Section, Canadian Centre for Justice Statistics.
Mia Dauvergne, Senior Analyst, Policing Services Program, Canadian Centre for Justice Statistics.
Canadian Criminal Justice Association:
Willie Gibbs, Member, Policy Review Committee.
Criminal Lawyers' Association:
Leo Russomanno, Representative.
Canadian Association of Elizabeth Fry Societies:
Kim Pate, Executive Director.
Office of the Federal Ombudsman for Victims of Crime:
Sue O'Sullivan, Federal Ombudsman;
Louis Théorêt, Director.
The chair made an opening statement.
The Honourable Robert Nicholson, P.C., M.P. made a statement and, together with Ms. Kane and Mr. Giokas, answered questions on Bill C-48 and Bill C-21.
At 5:43 p.m., the committee suspended.
At 5:50 p.m., the committee resumed, pursuant to the order of reference adopted on March 1, 2011, its consideration of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.
Lieutenant-Colonel MacGregor, Mr. Giokas and Ms. Kane answered questions.
At 6:12 p.m., the committee suspended.
At 6:15 p.m., the committee resumed.
Ms. McAuley and Ms. Brisebois each made a statement and, together with Mr. Grimes, Ms. Kong and Mr. Turner, answered questions.
At 6:52 p.m., the committee suspended.
At 7:15 p.m., the committee resumed.
Mr. Gibbs, Ms. Pate and Mr. Russomanno each made a statement and answered questions.
At 8:27 p.m., the committee suspended.
At 8:31 p.m., the committee resumed.
Ms. O'Sullivan made a statement and answered questions.
At 8:56 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, March 3, 2011
(51)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:40 a.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Boisvenu, Carignan, Chaput, Fraser, Joyal, P.C., Patterson, Plett, Poulin, Raine, Rivard, Runciman, and Wallace (13).
In attendance: Laura Barnett and Marcia Jones, 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, March 1, 2011, the committee continued its consideration of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.
WITNESSES:
Department of Justice Canada:
Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section;
Joanne Klineberg, Counsel, Criminal Law Policy Section.
Department of Finance Canada:
Nicolas Marion, Chief, Capital Markets and International Affairs;
Joan Monahan, General Counsel;
Kaetlynd McRae, Economist, Securities Policies Division.
Statistics Canada:
Julie McAuley, Director, Canadian Centre for Justice Statistics;
Craig Grimes, Senior Analyst, Canadian Centre for Justice Statistics;
John Turner, Chief of Policing Services, Canadian Centre for Justice Statistics.
Royal Canadian Mounted Police:
Assistant Commissioner Stephen White, Director General, Financial Crime;
Superintendent Stephen Foster, Director, Commercial Crime Branch;
Superintendent Dean Buzza, Director, Integrated Market Enforcement Branch.
Ontario Provincial Police:
Deputy Commissioner Scott Tod, Investigations and Organized Crime.
Bennett Jones LLP:
Lincoln Caylor, Partner.
Groia & Company Professional Corporation:
Joseph Groia, Principal.
Criminal Lawyers' Association:
Michael Spratt, Director.
Canadian Council of Criminal Defence Lawyers:
Phil Downes, Barrister.
Office of the Federal Ombudsman for Victims of Crime:
Sue O'Sullivan, Federal Ombudsman.
As an individual:
Simon Roy, Professor.
Accountability Research Corporation:
Al Rosen, Principal.
The chair made an opening statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.
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 clause 3 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 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.
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 10:44 a.m., the committee suspended.
At 10:46 a.m., the committee resumed.
Pursuant to the order of reference adopted by the Senate on Wednesday, March 2, 2011, the committee continued its consideration of Bill C-21, An Act to amend the Criminal Code (sentencing for fraud).
Ms. Kane, Mr. Marion and Ms Klineberg answered questions.
At 11:51 a.m., the committee suspended.
At 11:55 a.m., the committee resumed.
Ms. McAuley made a statement and, together with Mr. Grimes, answered questions.
At 12:27 p.m., the committee suspended.
At 12:49 p.m., the committee resumed.
Assistant Commissioner White and Deputy Commissioner Tod each made a statement and, together with Superintendents Foster and Buzza, answered questions.
At 12:55 p.m., the Honourable Senator Boisvenu replaced the Honourable Senator Rivard as a member of the committee.
At 1:30 p.m., the deputy chair, the Honourable Senator John D. Wallace took the chair.
At 1:51 p.m., the committee suspended.
At 1:57 p.m., the committee resumed.
Mr. Downes, Mr. Spratt, Mr. Groia and Mr. Caylor, each made a statement and answered questions.
At 3:30 p.m., the committee suspended.
At 3:44 p.m., the committee resumed, the chair, the Honourable Joan Fraser, presiding.
Ms. O'Sullivan, Mr. Rosen and Mr. Roy each made a statement and answered questions.
At 5:02 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee