Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 16 - Minutes of Proceedings, March 29, 2012
OTTAWA, Thursday, March 29, 2012
(38)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 9:34 a.m., this day, in room 257, East Block, the chair, the Honourable John D. Wallace, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Boisvenu, Chaput, Dagenais, Fraser, Frum, Hervieux-Payette, P.C., Jaffer, Lang, Runciman, Wallace and White (12).
Other senator present: The Honourable Senator Unger (1).
In attendance: Robin MacKay, Analyst, 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, March 8, 2012, the committee continued its consideration of Bill C-19, An Act to amend the Criminal Code and the Firearms Act. (For complete text of the order of reference, see proceedings of the committee, Issue No. 15.)
WITNESSES:
Canadian Shooting Sports Association:
Tony Bernardo, Executive Director.
Ontario Federation of Anglers and Hunters:
Greg Farrant, Manager, Government Affairs and Policy.
Ottawa Victims Services:
Steve Sullivan, Executive Director.
Groupe des étudiants et diplômés des Polytechnique pour le contrôle des armes (Polysesouvient):
Heidi Rathjen, Spokesperson;
Benoît Laganière, Member.
As individuals:
Priscilla de Villiers;
Linda Thom.
Public Safety Canada:
Paul Shuttle, Executive Director and Senior General Counsel;
Robert Abramowitz, Counsel.
The chair made an opening statement.
Mr. Bernardo, Ms. Thom and Mr. Farrant each made a statement and answered questions.
At 10:31 a.m., the committee suspended.
At 10:37 a.m., the committee resumed.
Mr. Sullivan, Ms. De Villiers, Mr. Laganière and Ms. Rathjen and each made a statement and answered questions.
At 11:50 a.m., the committee suspended.
At 12:27 p.m., the committee resumed.
The Honourable Senator Fraser moved:
That a list of all briefs and submissions received by the committee, in relation to its consideration of Bill C-19, including that of the Honourable Robert Dutil, Minister of Public Safety for the Government of Quebec, be appended to the proceedings of this committee.
The question being put on the motion, it was adopted.
It was agreed to invite the officials from Public Safety Canada to the table to answer questions from committee members. For the remainder of the meeting they answered questions from time to time.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-19, An Act to amend the Criminal Code and the Firearms Act.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
NAYS
The Honourable Senators
Baker P.C., Chaput, Fraser, Hervieux-Payette P.C.
and Jaffer — 5
ABSTENTIONS — Nil
It was agreed that clause 3 carry, on division.
It was agreed that clause 4 carry, on division.
It was agreed that clause 5 carry, on division.
It was agreed that clause 6 carry, on division.
It was agreed that clause 7 carry, on division.
It was agreed that clause 8 carry, on division.
It was agreed that clause 9 carry, on division.
It was agreed that clause 10 carry, on division.
The chair asked whether clause 11 shall carry.
The Honourable Senator Fraser moved:
That Bill C-19 be amended in clause 11, on page 5,
(a) by replacing line 17 with the following:
"23. (1) A person may transfer a firearm that is";
(b) by adding after line 25 the following:
"(2) A business that carries on activities that include the manufacturing, buying or selling at wholesale or retail, importing, repairing, altering or pawnbroking of firearms that are neither prohibited firearms nor restricted firearms must
(a) keep records of transactions entered into by it with respect to such firearms in the prescribed form and containing the prescribed information;
(b) keep an inventory of all such firearms from time to time on hand at the place of business;
(c) produce the records and inventory for inspection at the request of any police officer or police constable or any other person authorized to enter the business;
(d) mail a copy of the records and inventory relating to the firearms to the Registrar; and
(e) retain the records until the expiration of six years from the end of the last taxation year to which the records relate."; and
(c) by making any consequential changes to numbering and cross references.
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., Chaput, Fraser, Hervieux-Payette P.C.
and Jaffer — 5
NAYS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
ABSTENTIONS — Nil
The committee resumed consideration of the question that clause 11 carry.
The Honourable Senator Fraser moved:
That Bill C-19 be amended in clause 11, on page 5,
(a) by replacing line 22 with the following:
"of firearm;"; and
(b) by replacing lines 25 to 40 with the following:
"and possess that kind of firearm; and
(c) if the transferee is an individual, the transferor verifies the validity of the transferee's licence with the Canadian Firearms Program, requests a confirmation from it that the firearm is neither a prohibited firearm nor a restricted firearm and obtains a reference number for the inquiry.".
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Chaput, Fraser, Hervieux-Payette and Jaffer — 5
NAYS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
ABSTENTIONS — Nil
The chair asked whether clause 11 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
NAYS
The Honourable Senators
Baker P.C., Chaput, Fraser, Hervieux-Payette P.C.
and Jaffer — 5
ABSTENTIONS — Nil
It was agreed that clause 12 carry, on division.
It was agreed that clause 13 carry, on division.
It was agreed that clause 14 carry, on division.
It was agreed that clause 15 carry, on division.
It was agreed that clause 16 carry, on division.
It was agreed that clause 17 carry, on division.
It was agreed that clause 18 carry, on division.
It was agreed that clause 19 carry, on division.
It was agreed that clause 20 carry, on division.
It was agreed that clause 21 carry, on division.
It was agreed that clause 22 carry, on division.
It was agreed that clause 23 carry, on division.
It was agreed that clause 24 carry, on division.
It was agreed that clause 25 carry, on division.
It was agreed that clause 26 carry, on division.
It was agreed that clause 27 carry, on division.
It was agreed that clause 28 carry, on division.
The chair asked whether clause 29 shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
NAYS
The Honourable Senators
Baker P.C., Chaput, Fraser, Hervieux-Payette P.C.
and Jaffer — 5
ABSTENTIONS — Nil
It was agreed that clause 30 carry, on division.
It was agreed that clause 31 carry, on division.
It was agreed that clause 1, which contains the short title, carry, on division.
It was agreed that the title carry.
The chair asked whether the Bill shall carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Boisvenu, Dagenais, Frum, Lang, Runciman,
Wallace and White — 7
NAYS
The Honourable Senators
Baker P.C., Chaput, Fraser, Hervieux-Payette P.C.
and Jaffer — 5
ABSTENTIONS — Nil
It was agreed that the Bill be reported to the Senate, on division.
At 1:26 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee