Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 3, Minutes of Proceedings - February 26, 2014
OTTAWA, Wednesday, February 26, 2014
(7)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 4:16 p.m. this day, 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, Boisvenu, Dagenais, Day, Frum, Joyal, P.C., McIntyre, Plett and Runciman (10).
In attendance: Robin MacKay and Caroline Sauvé, 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 Tuesday, February 4, 2014, the committee continued its study of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials). (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)
WITNESS:
Justice Canada:
Michael E. Zigayer, Senior Counsel, Criminal Law Policy Section.
The deputy chair made an opening statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials).
It was agreed that the title stand postponed.
The deputy chair asked whether clause 1 shall carry.
Debate arose thereon.
Mr. Zigayer answered questions from time to time.
The Honourable Senator Day moved:
That Bill C-217 be amended in clause 1, on page 1, by replacing line 15 with the following:
"grounds of such a building or structure or in a".
After debate, the question being put on the motion in amendment, it was negatived.
The deputy chair asked whether clause 1 shall carry.
The Honourable Senator Day moved:
That Bill C-217 be amended in clause 1, on page 1, by replacing line 16 with the following:
"cemetery or section thereof that is dedicated to those persons is guilty of an indictable offence or an".
After debate, the question being put on the motion in amendment, it was negatived.
The deputy chair asked whether clause 1 shall carry.
The Honourable Senator Day moved:
That Bill C-217 be amended in clause 1,
(a) on page 1, by replacing lines 16 to 28 with the following:
"cemetery"; and
(b) on page 2, by replacing lines 1 to 6 with the following:
"(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months.".
After debate, the question being put on the motion in amendment, it was negatived.
The deputy chair asked whether clause 1 shall carry.
The Honourable Senator Day moved:
That Bill C-217 be amended in clause 1, on page 1, by replacing lines 23 to 27 with the following:
"(i) for a second offence, to imprisonment for not less than 14 days, and
(ii) for each subsequent offence, to im-".
After debate, the question being put on the motion in amendment, it was negatived.
The deputy chair asked whether clause 1 shall carry.
The Honourable Senator Day moved:
That Bill C-217 be amended in clause 1, on page 2, by adding after line 6 the following:
"(4.12) Despite subsection 730(1), a court may, instead of convicting a person of an offence committed under subsection (4.11), if it considers it to be in the best interests of the person and not contrary to the public interest, having regard to the age and character of the person and the circumstances surrounding the commission of the offence, by order direct that the person be discharged under section 730 on the conditions prescribed in a probation order, including a condition that the person perform up to 240 hours of community service over a period not exceeding 18 months.".
After debate, the question being put on the motion in amendment, it was negatived.
The deputy chair asked whether clause 1 shall carry.
It was agreed that clause 1 carry, on division.
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 5:23 p.m., the committee proceeded to discuss a draft agenda (future business).
At 5:25 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee