Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 23 - Minutes of Proceedings - March 2, 2017
OTTAWA, Thursday, March 2, 2017
(56)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:35 a.m., in room 257, East Block, the deputy chair, the Honourable George Baker, P.C., presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Batters, Boniface, Carignan, P.C., Dagenais, Dean, Dupuis, Joyal, P.C., McIntyre, Pate, Pratte, Sinclair and White (13).
In attendance: Maxime Charron-Tousignant, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, December 1, 2016, the committee continued its consideration of Bill C-224, An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose). (For complete text of the order of reference, see proceedings of the committee, Issue No. 21.)
WITNESSES:
Health Canada:
Miriam Brouillet, Legal Counsel;
Kristen Mattison, Director, Controlled Substances Directorate.
Department of Justice:
Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section.
Mr. Saint-Denis, Ms. Mattison and Ms. Brouillet were invited to the table to answer questions from time to time during the consideration of Bill C-224.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-224, An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose).
It was agreed that the title stand postponed.
It was agreed that the short title in clause 1 stand postponed.
The deputy chair asked whether clause 2 shall carry.
The Honourable Senator Sinclair moved that Bill C-224 be amended in clause 2, on page 1, by replacing line 16 with the following:
"fering from an overdose is to be charged or convicted under subsec-''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator White moved that Bill C-224 be amended in clause 2, on page 1, by replacing line 19 with the following:
"sought assistance or having remained at the scene.''
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator White moved that Bill C-224 be amended in clause 2, on page 2, by replacing lines 1 and 2 with the following:
"(3) The exemption under subsection (2) also applies to any person, including the person suffering from the overdose, who is at the scene upon the arrival of the emer-''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Sinclair moved that Bill C-224 be amended in clause 2, on page 2, by adding after line 3, the following:
"(4) No one who seeks emergency medical or law enforcement assistance because they, or another person, are suffering from an overdose, or who is at the scene upon the arrival of the assistance, is to be charged with an offence concerning a violation of a pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.
(5) Any condition of a person's pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person's, overdose, or as a result of having been at the scene upon the arrival of the assistance, is deemed not to be violated''.
After debate, it was agreed that the motion in amendment be amended in the first two lines in the English by replacing it with:
"(4) No one who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from an overdose, or who is at the scene upon the arrival''; and
that clause 2, on page 1, line 15 in the English be replaced with the following:
"ment assistance because that person, or another person, is suf-'',
It was agreed that the committee suspend its consideration of Bill C-224 so that the law clerk's office could be consulted on whether changes to the French would be needed as well.
At 12:10 p.m., pursuant to the order of reference adopted by the Senate on December 14, 2016, the committee continued its consideration of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources). (For complete text of the order of reference, see proceedings of the committee, Issue No. 21.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).
It was agreed that the title stand postponed.
It was agreed that the short title in clause 1 stand postponed.
The deputy chair asked whether clause 2 shall carry.
The Honourable Senator Carignan, P.C., moved that Bill S-231 be amended in clause 2, on page 1, by replacing line 13 with the following:
"ther regularly or occasionally, for consideration, to the collection, writing or''.
Debate.
It was agreed that consideration of Bill S-231 be suspended, in order to resume consideration of Bill C-224.
At 12:24 p.m., the committee resumed clause-by-clause consideration of Bill C-224.
The clerk informed the committee that in the opinion of the law clerk no changes were needed to the French for the amendments agreed to in the English earlier; but that the law clerk did recommend that in the French of the proposed amendment to add subsections 4 and 5 after line 3 on page 2, the phrase "d'agents chargé de l'application'' be changed to "d'agents d'application'' in line 2 of subsection 4 and line 5 of subsection 5.
It was agreed that the motion be amended in the French as recommended by the law clerk.
After debate, the question being put on the subamendment, it was adopted.
The question being put on the motion in amendment, as amended, it was adopted, on division.
It was agreed that clause 2, as amended, carry, on division.
It was agreed that clause 1 carry, on division.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry, on division.
The deputy chair asked whether the committee wished to consider appending observations to the report.
The Honourable Senator White moved that the following observation be appended to the report:
"The committee strongly supports the intent of the bill and has adopted the amendments to strengthen the bill. The committee encourages the Senate and the House of Commons to consider the proposed amendments as expeditiously as possible so that the measures in the bill may be implemented as quickly as possible.''
The Honourable Senator Joyal, P.C., moved that the observation be reworded to read "to strengthen and clarify.''
After debate, it was agreed that observation with the suggested change be appended to the committee's report on the bill and that the Subcommittee on Agenda and Procedure be empowered to approve the final bilingual version of the observation.
It was agreed that the deputy chair report the bill, with amendments and observation, to the Senate.
At 12:35 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee