Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 63 - Minutes of Proceedings - May 30, 2019
OTTAWA, Thursday, May 30, 2019 (Morning meeting)
(147)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:31 a.m., in room W120, 1 Wellington St., the chair, the Honourable Serge Joyal, P.C., presiding.
Members of the committee present: The Honourable Senators Batters, Carignan, P.C., Dalphond, Dupuis, Dyck, Gold, Joyal, P.C., Lankin, P.C., MacDonald, McIntyre, Pratte and Sinclair (12).
In attendance: Stéphanie Pépin, Legislative Clerk, Senate Committees Directorate; Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official stenographers of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, April 4, 2019, the committee continued its examination of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 60.)
WITNESSES:
Department of Justice Canada:
Carole Morency, Director General and Senior General Counsel;
Shannon Davis-Ermuth, Senior Counsel.
It was agreed that the committee resume clause-by-clause consideration of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
Ms. Davis-Ermuth and Ms. Morency answered questions from time to time.
The chair asked whether clause 401 shall carry.
After debate, it was agreed to stand clause 401.
It was agreed that clause 402 to 405 carry, on division.
The chair asked whether clause 406 shall carry.
The Honourable Senator Dalphond moved that Bill C-75 be amended in clause 406, on page 197, by replacing line 28 with the following:
"382 and 385, paragraph 388(1), section 399 and 400.1 come into force on the 90th''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 406, as amended, carry, on division.
The chair asked whether clause 407 shall carry.
The Honourable Senator Dalphond moved that Bill C-75 be amended in clause 407, on page 197, by replacing line 42 with the following:
"370(2), sections 371 to 375, 380, 381 and 387, subsection 388(2), sections 389 to 393, 396 to''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 407, as amended, carry, on division.
The committee resumed debate on the clause 196.1.
The Senator McIntyre moved that the motion in amendment be amended by:
That Bill C-75 be amended in clause 196.1, on page 62, by adding the following after line 21:
"196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(i) subsection 52(1) (sabotage),
(i.001) subsection 57(3) (possession of a forged passport),
(i.002) section 62 (offences in relation to military forces),
(i.003) subsection 65(2) (riot — concealing identity),
(i.004) subsection 70(3) (contravening order made by governor in council),
(i.005) subsection 82(1) (explosives, possession without lawful excuse),
(i.006) subsection 121(1) (frauds on the government),
(i.007) subsection 121(2) (contractor subscribing to election fund),
(i.008) section 122 (breach of trust by public officer),
(i.009) subsection 123(1) (municipal corruption),
(i.01) subsection 123(2) (influencing municipal official),
(i.011) section 124 (selling or purchasing office),
(i.012) section 125 (influencing or negotiating appointments or dealings in offices),
(i.013) subsection 139(2) (obstructing justice),
(i.014) section 142 (corruptly taking reward for recovery of goods),
(i.015) section 144 (prison breach),
(i.016) section 145 (escape and being at large without excuse),
(2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),
(iv.1) section 184 (interception of private communication),
(iv.2) section 184.5 (interception of radio-based telephone communications),
(iv.3) section 221 (cause bodily harm by criminal negligence),
(iv.4) section 237 (infanticide),
(iv.5) section 242 (neglect to obtain assistance in child-birth),
(iv.6) subsection 247(1) (traps likely to cause bodily harm),
(iv.7) subsection 247(2) (traps — causing bodily harm),
(iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence),
(iv.9) section 262 (impeding attempt to save life),
(3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii):
(viii.01) section 280 (abduction of person under 16),
(viii.02) section 281 (abduction of person under 14),
(4) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):
(viii.11) section 291 (bigamy),
(viii.12) section 292 (procuring feigned marriage),
(viii.13) section 293 (polygamy),
(viii.14) section 293.1 (forced marriage),
(viii.15) section 293.2 (marriage under age of 16 years),
(viii.16) section 300 (publishing defamatory libel known to be false),
(viii.17) section 302 (extortion by libel),
(5) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):
(viii.21) paragraph 334(a) (theft over $5000 or testamentary instrument),
(viii.22) section 338 (fraudulently taking cattle or defacing brand),
(viii.23) subsection 339(1) (take possession of drift timber, et cetera.),
(viii.24) section 340 (destroying documents of title),
(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x):
(x.1) subsection 351(2) (disguise with intent),
(x.11) paragraph 355(a) (possession of property over $5000 or testamentary instrument),
(x.12) section 357 (bring into Canada property obtained by crime),
(x.13) paragraph 362(2)(a) (false pretence, property over $5000 or testamentary instrument),
(x.14) subsection 362(3) (obtain credit, et cetera. by false pretence),
(x.15) section 363 (obtain execution of valuable security by fraud),
(x.16) subsection 377(1) (damaging documents),
(x.17) section 378 (offences in relation to registers),
(x.18) section 382 (manipulation of stock exchange),
(x.19) subsection 382.1(1) (prohibited insider trading),
(x.2) section 383 (gaming in stocks or merchandise),
(x.21) section 384 (broker reducing stock by selling his own account),
(x.22) section 386 (fraudulent registration of title),
(x.23) section 394 (fraud in relation to minerals),
(x.24) section 394.1 (possession of stolen minerals),
(x.25) section 396 (offences in relation to mines),
(x.26) section 397 (falsification of books and documents),
(x.27) section 399 (false return by public officer),
(x.28) section 400 (false prospectus),
(x.29) section 405 (acknowledging instrument in false name),
(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi):
(xi.1) section 424 (threat against an internationally protected person),
(xi.11) section 424.1 (threat against United Nations or associated personnel),
(xi.12) section 426 (secret commissions),
(xi.13) section 435 (arson for fraudulent purpose),
(xi.14) section 436 (arson by negligence),
(xi.15) section 436.1 (possession incendiary material),
(xi.16) subsection 438(1) (interfering with saving of a wrecked vessel),
(xi.17) subsection 439(2) (interfering with a marine signal),
(xi.18) section 441 (occupant injuring building),
(xi.19) section 443 (interfering with international boundary marks, et cetera.),
(xi.2) section 451 (having clippings, et cetera.),
(xi.21) section 460 (advertising and dealing in counterfeit money),
(xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute),
(xi.23) section 753.3 (breach of long-term supervision).
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.
It was agreed that clause 196.1, as amended, carry.
It was agreed to resume debate on clause 240.
The chair asked whether clause 240 shall carry.
The Honourable Senator Dalphond moved that Bill C-75 be amended in clause 240, pages 92 and 93:
(a) on page 92, by replacing line 34 with the following:
"of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?''; and
(b) on page 93, by adding the following after line 4:
"(3.1) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(3.2) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 240, as amended, carry, on division.
The chair asked whether clause 401 shall carry.
The Honourable Senator Sinclair moved that Bill C-75 be amended in clause 401, page 187:
(a) by replacing line 15 with the following:
"401 (1) Subsections (2) and (3) apply in Bill C-45, in-''; and
(b) by deleting lines 27 to 36.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 401, as amended, carry.
With leave, the Honorable Senator Dyck requested that the committee revert back to clause 293.1.
Pursuant to rule 10-5, the committee reverted to clause 293.1.
The Honourable Senator Dyck moved that the motion in amendment be amended by the following:
"293.1 The Act is amended by adding the following after section 718.21:
718.22 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.''.
After debate, the question being put on the subamendment, it was adopted, on division.
The question being put on the motion in amendment, as amended, it was adopted, on division.
It was agreed that clause 293.1, as amended, carry, on division.
It was agreed that the title carry.
It was agreed that the bill carry, on division.
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, numerical and typographical changes and adjustments to the amendments adopted by the committee.
It was agreed that observations be appended to the committee's report on the bill.
A discussion took place on the proposed observations.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the bill be reported, as amended with observations to the Senate.
At 12:26 p.m., the committee adjourned to the call of the chair.
ATTEST:
Keli Hogan
Clerk of the Committee