Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 27, Minutes of Proceedings - February 25, 2015


OTTAWA, Wednesday, February 25, 2015
(62)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:15 p.m., in room 257, East Block, the chair, the Honourable Bob Runciman, presiding.

Members of the committee present: The Honourable Senators Baker, P.C., Batters, Dagenais, Fraser, Jaffer, Manning, McInnis, McIntyre, Mitchell, Plett, Runciman and White (12).

In attendance: Julian Walker and Dominique Valiquet, 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 Tuesday, October 28, 2014, the committee continued its examination of Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons). (For complete text of the order of reference, see proceedings of the committee, Issue No. 26).

WITNESS:

Canadian Bar Association:

Tony Paisana, Executive Member, Criminal Justice Section (by video conference).

The chair made an opening statement.

Mr. Paisana made a statement and answered questions.

At 4:54 p.m., the committee suspended.

At 5:01 p.m., pursuant to the order of reference adopted by the Senate on Thursday, June 5, 2014, the committee continued its examination of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity). (For complete text of the order of reference, see proceedings of the committee, Issue No. 18).

It was agreed that the committee proceed with clause-by-clause consideration of Bill C-279.

It was agreed that the title stand postponed.

The chair asked whether clause 1 shall carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended in clause 1, on page 1,

(a) by replacing line 6 with the following:

"2. The purpose of this Act is to extend''; and

(b) by deleting lines 23 to 27.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 1, as amended, carry.

The chair asked whether clause 2 shall carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended in clause 2, on page 2,

(a) by replacing line 1 with the following:

"2. Subsection 3(1) of the Act is re-''; and

(b) by deleting lines 11 to 14.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 2, as amended, carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended, on page 2, by adding after line 14 the following:

"2.1 Subsection 15(1) of the Act is amended by striking out "or'' after paragraph (f) and by adding the following after that paragraph:

(f.1) in the circumstances described in section 5 or 6 in respect of any service, facility, accommodation or premises that is restricted to one sex only — such as a correctional facility, crisis counselling facility, shelter for victims of abuse, washroom facility, shower facility or clothing changing room — the practice is undertaken for the purpose of protecting individuals in a vulnerable situation; or''.

After debate, the question being put on the motion in amendment that new clause 2.1 carry, it was adopted on the following vote:

YEAS

The Honourable Senators

Batters, Dagenais, Manning, McInnis, McIntyre and Plett — 6

NAYS

The Honourable Senators

Baker, P.C., Fraser, Jaffer and Mitchell — 4

ABSTENTIONS

The Honourable Senator

Runciman — 1

The chair asked whether clause 3 shall carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended in clause 3, on page 2, by replacing lines 17 to 24 with the following:

"(4) In this section, "identifiable group'' means any section of the''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 3, as amended, carry.

The chair asked whether clause 4 shall carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended in clause 4:

(a) on page 2,

(i) by replacing line 28 with the following:

"4. Subparagraph 718.2(a)(i) of the Act'', and

(ii) by deleting lines 36 to 38; and

(b) on page 3, by deleting lines 1 and 2.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 4, as amended, carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended, on page 3, by adding after line 2 the following:

"COORDINATING AMENDMENT

4.1 On the first day on which both section 12 of the Protecting Canadians from Online Crime Act, chapter 31 of the Statutes of Canada, 2014, and section 3 of this Act are in force, subsection 318(4) of the Criminal Code is replaced by the following:

(4) In this section, "identifiable group'' means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, gender identity, sexual orientation, or mental or physical disability.''.

After debate, the question being put on the motion in amendment that new clause 4.1 carry, it was adopted.

The chair asked whether clause 5 shall carry.

The Honourable Senator Plett moved:

That Bill C-279 be amended in clause 5, on page 3, by replacing line 3 with the following:

"5. This Act, other than section 4.1, comes into force 30 days after''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 5, as amended, carry.

It was agreed that the title carry.

It was agreed that the bill, as amended, carry.

It was agreed that the chair report this bill, as amended, to the Senate.

At 5:44 p.m., the committee adjourned to the call of the chair.

ATTEST:

Shaila Anwar

Clerk of the Committee


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