Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 29 - Evidence for December 11, 2012
OTTAWA, Tuesday, December 11, 2012
The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill C-36, An Act to amend the Criminal Code (elder abuse), met this day at 8:34 a.m. to give clause-by-clause consideration to the bill.
Senator Bob Runciman (Chair) in the chair.
[English]
The Chair: Welcome colleagues, invited guests and members of the general public who are following today's proceedings of the Standing Senate Committee on Legal and Constitutional Affairs.
We are meeting this morning for clause-by-clause consideration of Bill C-36, An Act to amend the Criminal Code (elder abuse). This bill, according to its summary, specifies that any evidence that an offence has had a significant impact on a victim, considering their age and other personal circumstances, should be an aggravating factor that is taken into account during sentencing for a crime.
As a reminder to those watching, these committee hearings are open to the public and also available via webcast on the parl.gc.ca website. You can find more information on the schedule of witnesses on the web site under "Senate committees."
I should note that we have an official from Justice Canada present in the room, so if committee members have questions we can call him forward. If not, we will proceed at this point. Our official will remain throughout the process, so we will see what comes up during our discussion.
Is it agreed that the committee proceed to clause-by-clause consideration of Bill C-36, An Act to amend the Criminal Code (elder abuse)?
Hon. Senators: Agreed.
The Chair: Shall the title stand postponed?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall clause 1, which contains the short title, stand postponed?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall clause 2 carry?
Senator Fraser: On division.
The Chair: Carried, on division.
Shall clause 3 carry?
Hon. Senators: Agreed.
The Chair: Carried.
Shall clause 1, which contains the short title, carry?
Hon. Senators: Agreed.
The Chair: Carried.
Shall the title carry?
Hon. Senators: Agreed.
The Chair: Carried.
Shall the bill carry?
Some Hon. Senators: Agreed.
Senator Fraser: On division.
Senator Joyal: On division.
The Chair: Carried, on division.
Is it agreed that I report this bill to the Senate?
Hon. Senators: Agreed.
Senator Fraser: Mr. Chair, I believe there is provision in the rules for explanation of a vote. May I?
The Chair: Yes, please proceed.
Senator Fraser: You will have noted that I said "on division" to the substance of this bill. It is not that we are opposed to the protection of seniors and it is not that the bill is inherently bad. The bill is inherently useless. So far as we can see, it will change nothing in the way the law is applied and, therefore, is unlikely to have any effect at all on the life of any senior. We voted against the bill on that basis.
However, obviously, we are as strongly in favour of the protection of seniors as anyone else in this chamber.
The Chair: I could make a comment, but I will not.
Senator Baker: Discretion.
Senator Joyal: It would be interpreted as self-defence.
The Chair: Is there anything else? If not, that completes our business for the day.
The draft report on Bill C-46 will be ready to table on Wednesday or Thursday, I am advised.
Thank you all.
(The committee adjourned.)