Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 12, Minutes of Proceedings - June 5, 2014
OTTAWA, Thursday, June 5, 2014
(30)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 10:35 a.m. this day, in room 257, East Block, the chair, the Honourable Bob Runciman, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Batters, Boisvenu, Dagenais, Frum, Joyal, P.C., McInnis, McIntyre, Moore, Plett, Rivest and Runciman (12).
In attendance: Robin MacKay and Sebastian Spano, 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, May 29, 2014, the committee continued its study of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.
WITNESSES:
Privy Council Office:
Marc Chénier, Senior Privy Council Officer, Counsel, Democratic Reform;
Natasha Kim, Director, Democratic Reform.
The chair made an opening statement.
The witnesses were invited to the table and answered questions from time to time.
It was agreed that committee proceed with clause by clause consideration of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.
It was agreed that the title stand postponed.
It was agreed that clause 1 carry.
It was agreed, with leave, that the remaining clauses be considered in groups of 10.
The chair asked whether clauses 2-10 shall carry.
It was agreed that clauses 2-9 carry.
It was agreed that clause 10 carry stand postponed.
It was agreed that clauses 11-20 carry.
It was agreed that clauses 21-30 carry.
It was agreed that clauses 31-40 carry.
The chair asked whether clauses 41-50 shall carry.
After debate, it was agreed that clauses 41-45 carry.
It was agreed that clauses 46, 47 and 50 stand postponed.
It was agreed that clauses 48 and 49 carry.
The chair asked whether clauses 51-60 shall carry.
It was agreed that clauses 51, 57 and 60 stand postponed.
It was agreed that clauses 52-56, 58 and 59 carry.
It was agreed that clauses 61-70 carry.
It was agreed that clauses 71-80 carry.
It was agreed that clauses 81-90 carry.
The chair asked whether clauses 91-100 shall carry.
It was agreed that clause 93 stand postponed.
It was agreed that clauses 91, 92 and 94-100 carry.
The chair asked whether clauses 101-110 shall carry.
After debate, it was agreed that clause 108 stand postponed.
It was agreed that clauses 101-107, 109 and 110 carry.
It was agreed that clauses 111-120 carry.
It was agreed that clauses 121-130 carry.
It was agreed that clauses 131-140 carry.
It was agreed that clauses 141-150 carry.
It was agreed that clauses 151-158 carry.
The chair asked whether clause 10 shall carry.
The Honourable Senator Moore moved:
That Bill C-23 be amended in clause 10, on page 11, by replacing lines 32 and 33 with the following:
"any other Act of Parliament, and he or she may fix and pay".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 10 carry, on division.
The chair asked whether clause 46 shall carry.
The Honourable Senator Moore moved:
That Bill C-23 be amended in clause 46,
(a) on page 24, by deleting lines 42 to 44;
(b) on page 25,
(i) by replacing lines 1 to 9 with the following:
"46. (1) Paragraph 143(2)(b) of the Act is",
(ii) by replacing line 16 with the following:
"(2) Subsection 143(2.1) of the Act is",
(iii) by replacing lines 25 to 31 with the following:
"(3) Subsection 143(3) of the Act is replaced by the following:
(3) An elector may instead prove his or her identity and residence by taking an oath in writing", and
(iv) by replacing line 43 with the following:
"(b) vouches for him or her on oath"; and
(c) on page 26,
(i) by replacing lines 6 to 9 with the following:
"(iv) they have not vouched for another elector at the election, and
(v) they have not been vouched for by another elector at the",
(ii) by replacing line 11 with the following:
"(4) Section 143 of the Act is amended by", and
(iii) by deleting lines 16 to 22.
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., Joyal, P.C., Moore and Rivest — 4
NAYS
The Honourable Senators
Runciman, Batters, Boisvenu, Dagenais, Frum, McInnis, McIntyre and Plett — 8
ABSTENTIONS — Nil
The chair asked whether clause 46 shall carry.
The Honourable Senator Moore moved:
That Bill C-23 be amended in clause 46, on page 25, by replacing lines 21 to 24 with the following:
"document may be authorized, regardless of who issued it.".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 46 carry, on division.
It was agreed that clauses 47, 50, 51, 57, 60 and 93 carry.
The chair asked whether clause 108 shall carry.
The Honourable Senator Moore moved:
That Bill C-23 be amended in clause 108, on page 227, by adding after line 19 the following:
"510.01 (1) If, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, a judge of a court described in subsection 525(1) is satisfied by information on oath or solemn affirmation that an investigation is being conducted under section 510 and that a person has or is likely to have information that is relevant to the investigation, the judge may order the person to attend as specified in the order and be examined on oath or solemn affirmation by the Commissioner or the authorized representative of the Commissioner on any matter that is relevant to the investigation.
(2) No person shall be excused from complying with an order under subsection (1) on the ground that the testimony required of the person may tend to criminate the person or subject the person to any proceeding or penalty, but no testimony given by an individual pursuant to an order made under subsection (1) shall be used or received against that individual in any criminal proceedings that are subsequently instituted against him or her, other than a prosecution under section 132 or 136 of the Criminal Code.
(3) The Commissioner or the authorized representative of the Commissioner may administer oaths and take and receive solemn affirmations for the purposes of examinations pursuant to subsection (1).".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 108 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, on division.
It was agreed that the chair report the bill to the Senate.
At 11:55 a.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee