Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 63 - Minutes of Proceedings - May 29, 2019
OTTAWA, Wednesday, May 29, 2019 (Evening meeting)
(146)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:16 p.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: Maxime Charron-Tousignant, Stéphanie Lépine and Julian Walker, Analysts, 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, 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;
Paulette Corriveau, Counsel;
Matthias Villetorte, Senior Counsel and Team Lead.
The chair made a statement.
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, Ms. Corriveau, Ms. Morency, Mr. Villetorte and Mr. Feldman answered questions from time to time.
It was agreed that clauses 294 to 300 carry.
The chair asked whether clause 301 shall carry.
The Honourable Senator Sinclair moved that Bill C-75 be amended in clause 301, pages 126 and 127:
(a) on pages 126, by replacing lines 1 to 36 with the following:
"301 Section 737 of the Act is replaced by the following:
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
(2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is
(a) 30% of any fine that is imposed on the offender for the offence; or
(b) if no fine is imposed on the offender for the offence,
(i) $100 in the case of an offence punishable by summary conviction, and
(ii) $200 in the case of an offence punishable by indictment.
(2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge
(a) would cause undue hardship to the offender; or
(b) would not cause undue hardship to the offender but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.
(2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender's precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.
(2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.
(2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.
(3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount
(4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
(5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
(6) The court shall cause to be given to the offender a written notice setting out
(a) the amount of the victim surcharge;
(b) the manner in which the victim surcharge is to be paid;
(c) the time by which the victim surcharge must be paid; and
(d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.
(7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,
(a) a reference in any of those provisions to "fine'', other than in subsection 734.8(5), must be read as if it were a reference to "victim surcharge''; and
(b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.
(8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.''; and
(b) on page 127, by deleting lines 1 to 18.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Dalphond, Dupuis, Dyck, Gold, Lankin, Pratte, Sinclair — 7
NAYS
The Honourable Senators Batters, Carignan, MacDonald — 3
ABSTENTIONS
The Honourable Senators Joyal, McIntyre — 2
It was agreed that clause 301, as amended, carry, on division.
It was agreed that clauses 302 to 306 carry, on division.
The chair asked whether clause 307 shall carry.
The Honourable Senator Batters moved that Bill C-75 be amended in clause 307, on page 128, by replacing lines 26 to 29 with the following:
"guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Carignan, MacDonald, McIntyre — 4
NAYS
The Honourable Senators Dalphond, Dupuis, Dyck, Gold, Lankin, Pratte, Sinclair — 7
ABSTENTIONS
The Honourable Senators Joyal — 1
It was agreed that clause 307 carry, on division.
It was agreed that clauses 308 to 313 carry, on division.
The chair asked whether clause 314 shall carry.
The Honourable Senator Sinclair moved that Bill C-75 be amended in clause 314, on page 134, by replacing lines 14 and 15 with the following:
"section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 314, as amended, carry, on division.
It was agreed that clauses 315 to 385 carry, on division.
It was agreed that the committee revert back to clause 317.1.
The chair asked whether clause 317.1 shall carry.
The Honourable Senator Lankin, P.C., moved that Bill C-75 be amended in clause 317.1, on page 135, by replacing line 25 with the following:
"(c) the agent is authorized to do so under
(i) the law of the province; or
(ii) a program''.
After debate, the question being put on the motion in amendment, it was adopted by the following vote:
YEAS
The Honourable Senators Joyal, Batters, Carignan, Dalphond, Dupuis, Dyck, Gold, Lankin, MacDonald, McIntyre, Pratte, Sinclair — 12
NAYS
Nil
ABSTENTIONS
Nil
It was agreed that clause 317.1, as amended, carry, on division.
The chair asked whether clause 386 shall carry.
The Honourable Senator Carignan, P.C., moved that Bill C-75 be amended in clause 386, on page 182, by:
(a) by replacing line 11 with the following:
"5 This Act comes into force on the'';
(b) by deleting lines 18 and 19.
After debate, the question being put on the motion in amendment, it was negatived, on the following vote:
YEAS
The Honourable Senators Batters, Carignan, Lankin, MacDonald, McIntyre — 5
NAYS
The Honourable Senators Dalphond, Dupuis, Dyck, Gold, Pratte, Sinclair — 6
ABSTENTIONS
The Honourable Senators Joyal — 1
It was agreed that clause 386 carry, on division.
It was agreed that clause 387 carry, on division.
The chair asked whether clause 388 shall carry.
The Honourable Senator Dalphond, moved that Bill C-75 be amended in clause 388, on page 183, by replacing lines 6 and 7 with the following:
"388 (1) Paragraph 2(1)(a) of the Identification of Criminals Act is amended by striking out "or'' at the end of subparagraph (i), by adding "or'' at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);
(2) Paragraph 2(1)(c) of the Act is replaced by the following:''.
After debate, the question being put on the motion in amendment, it was adopted by the following vote:
YEAS
The Honourable Senators Batters, Carignan, Dalphond, Dupuis, Gold, Lankin, MacDonald, McIntyre, Pratte, Sinclair — 11
NAYS
Nil
ABSTENTIONS
The Honourable Senators Joyal — 1
It was agreed that clause 388, as amended, carry.
It was agreed that clauses 389 to 400 carry.
Before the chair asked whether clause 400.1 shall carry, it was agreed to continue clause by clause consideration of Bill C-75 at the next meeting of the committee.
At 6:33 p.m., the committee adjourned to the call of the chair.
ATTEST:
Keli Hogan
Clerk of the Committee