Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 29 - Minutes of Proceedings - May 18, 2017
OTTAWA, Thursday, May 18, 2017
(71)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:30 a.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, Boisvenu, Boniface, Dupuis, Fraser, Frum, Gold, Harder, P.C., Joyal, P.C., Omidvar, Plett, Pratte, Runciman, Sinclair and Unger (16).
Other senator present: The Honourable Senator Mitchell (1).
In attendance: Julian Walker and Maxime Charron-Tousignant, 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, March 2, 2017, the committee continued its consideration of Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code. (For complete text of the order of reference, see proceedings of the committee Issue No. 28.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code.
It was agreed that the title stand postponed.
The chair asked whether clause 1 shall carry.
The Honourable Senator Unger moved that Bill C-16, be amended in clause 1, on page 1, by replacing line 16 with the following:
"religion, age, sex, sexual orientation, gender identity and''.
After debate, the question being put on the motion, it was negatived on the following vote.
YEAS
The Honourable Senators
Batters, Boisvenu, Frum, Plett, Unger — 5
NAYS
The Honourable Senators
Baker, Boniface, Dupuis, Fraser, Gold, Harder, Joyal, Omidvar, Pratte, Sinclair — 10
ABSENTIONS
NIL
It was agreed that clause 1 carry, on division.
It was agreed that clause 2 carry, on division.
It was agreed that clause 3 carry, on division.
It was agreed that clause 4 carry, on division.
It was agreed that the title carry, on division.
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
Baker, Boisvenu, Boniface, Dupuis, Fraser, Frum, Gold, Harder, Joyal, Omidvar, Pratte, Sinclair — 12
NAYS
The Honourable Senators
Batters, Plett, Unger — 3
ABSENTIONS
NIL
At 11:06 a.m., the committee suspended.
At 11:07 a.m., the committee resumed.
The chair asked if the committee wished to consider appending observation to the report.
The Honourable Senator Plett moved that the following observation be appended to the report:
The committee heard from witnesses who raised serious concerns regarding future interpretations of this legislation by the Canadian Human Rights Commission, specifically with respect to the compelling of gender- neutral speech from persons who may or may not subscribe to this particular theory of gender.
After debate, the question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Batters, Boisvenu, Frum, Plett, Unger — 5
NAYS
The Honourable Senators
Baker, Boniface, Dupuis, Fraser, Gold, Harder, Joyal, Omidvar, Pratte, Sinclair — 10
ABSENTIONS
NIL
It was agreed that the chair report Bill C-16 to the Senate.
At 11:39 a.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee