Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 31 - Evidence - June 21, 2017
OTTAWA, Wednesday, June 21, 2017
The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill C-305, An Act to amend the Criminal Code (mischief), met this day at 4:16 p.m. to give clause-by-clause consideration to the bill; and to study a document entitled Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect (consideration of a draft report).
Senator Bob Runciman (Chair) in the chair.
[English]
The Chair: The first item of business today is to deal with clause-by-clause consideration of Bill C-305, an Act to amend the Criminal Code (mischief).
In the event there are any questions or concerns of a technical nature, we do have a witness available who can come to the table, Mr. Glenn Gilmour, Counsel, Criminal Law Policy Section of the Department of Justice. Mr. Gilmour is here in the event any questions arise.
Is it agreed that the committee proceed to clause-by-clause consideration of Bill C-305?
Hon. Senators: Agreed.
The Chair: Shall the title stand postponed?
Hon. Senators: Agreed.
The Chair: Shall clause 1 carry?
Hon. Senators: Agreed.
The Chair: Carried, on division.
Shall clause 2 carry?
Carried, on division.
Shall the title carry?
Some Hon. Senators: On division.
The Chair: Carried, on division.
Shall the bill carry?
Carried, on division.
Does the committee wish to consider appending observations to the report? I am seeing none. Is it agreed that I report this bill to the Senate?
Hon. Senators: Agreed.
The Chair: Thank you. That was short and sweet.
We'll move to the next matter. It indicates in camera on your agenda but we're not going to deal with this in camera. This is a document entitled, Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect.
Any discussion, any concerns with respect to the report that I think was circulated to everyone?
Seeing none, shall we adopt the report as circulated?
Hon. Senators: Agreed.
The Chair: Agreed.
Moving right along here.
Senator Batters: Just before our committee closes, I wanted to say a few brief things about our chair.
The Chair: Can you hold that for one minute?
Senator Batters: Absolutely.
The Chair: I appreciate that. I was hoping Senator Baker would be here.
I have a few thoughts I wanted to put on the record as well before we all beat a hasty retreat, since this is the committee's last get-together before the fall, a few things. As you may have noticed, members, the release of our court delay study went as well as anyone could expect. Thanks to all of you who helped out with the media onslaught. It's still occurring.
This is always a busy committee — during my time as a member, the busiest in the Senate — and frequently we have had to deal with some very controversial matters, yet we somehow almost always get through without rancor or hard feelings. We also always do good work, in my experience. That's a credit to all of you — the hard work, the excellent research, questions, and the sound conclusions and recommendations this committee is very well known for are a tribute to all of you and our predecessor members. I can't say thank you for making the job easy but for making it very rewarding at the end of the day.
I also want to acknowledge the stellar work of our clerk, Jessica Richardson, who is no stranger to burning the midnight oil to keep committee meetings moving along. I also want to thank our analysts, three very astute lawyers, Robin McKay, Julian Walker and Maxime Charron-Tousignant. We always get solid advice from those gentlemen.
To our remaining support staff, including senators' own staff, we couldn't do it without you. Thank you all.
Colleagues, this is my last day in the chair, and I will miss being part of this fine group. There's no question the highlight of my time in the Senate has been serving on this committee. I'm very proud to be part of a committee that has accomplished so much of significance over the past seven-plus years. I am, and I suspect you are, especially proud of our recent report on court delays.
As I said last night in the chamber — and I'll make it more specific — I hope this committee will keep the government's feet to the fire in the coming months and years to ensure that our recommendations don't languish on some government shelf.
Finally — and I really regret Senator Baker's absence today — much more significant is that after 15 years, this would have been, if he'd shown up, the final meeting for the committee's resident case law expert, Senator George Baker. I can't overestimate how much of a loss to this committee Senator Baker's departure will be. I've had seven and a half years to observe him in action, and he never fails to impress — never. Senator Baker is not only an extraordinary legal mind, but he is a genuinely warm, friendly and generous guy who has done his province proud. He has made an immense contribution to his country and the institution in which we all serve. So well done, George, wherever you are, and God speed.
Senator Batters: Thank you, chair. I wanted to say a few short things about you. You have quite a stellar career yourself: 45 years in public life, first on city council; and 29 years in provincial politics, including eight election wins as an MPP. You also served as minister and Ontario PC Party interim leader. You were named to the Senate in January 2010, and you have been the chair of this committee for several years. You also served as co-chair of the Joint Committee for the Scrutiny of Regulations. That is where I came to know you.
Senator Runciman has provided this important committee with the skillful, steady hand as our chair, and he has always treated our witnesses and our senators fairly. We have had difficult emotional issues come in front of this committee, yet those who come here always feel that they have been heard and respected. That is a testament to his leadership.
Senator Runciman is always generous with his time and sage advice. I know that we are all pleased that our committee's excellent court delay report, so well received across the country, has bookended his superb political career.
Senator Runciman, chair, thank you for your immense contribution to Canadian political life.
The Chair: Thank you, senator.
[Translation]
Senator Dupuis: I will be very quick. Thank you for giving me the floor, as you have done on a number of occasions over the past seven months. I wish you all the best for the future. I also noticed that the more rigorous you are, the more rigorously fair the allocation of time is. I recognize it, and I am grateful for that. Once again, thank you and my best wishes for the future.
[English]
The Chair: Senator Boniface might not be so complimentary. We have a history.
Senator Boniface: We do. I just wanted to recount, actually, some comments I made about you this morning with some colleagues.
We were discussing committees. We do have a past; I used to know him as "Minister Runciman.'' We always had a good relationship. But I want to particularly say that I said that if there is anything that people can do going forward, they should emulate the chairmanship that he's carried. Since I've come to the table, this has been one of the most interesting committees for me. It's also been the best run I've been to. I fully appreciate the way he's conducted the committee. We have all benefited from that.
I want to thank you for your leadership, and I want to thank you for the skill that you have imparted to many of us. Thank you.
Senator McIntyre: I too will —
The Chair: This is turning into a filibuster.
Senator McIntyre: As Senator Baker often says, "I will be brief,'' but I will be brief.
I simply want to echo the remarks made by other senators. Thank you so much, Senator Runciman, for your hard work and leadership, and thank you for the memories.
The Chair: Thank you all.
Senator Omidvar: I have been on this committee for less than six or seven months, but you set a high bar. Some of us new senators aspire at some point in the future to be chairs of committees, and I think that you will be the bar against which we will measure ourselves. I know you're tough. I like that you're equal-opportunity tough. That's something that we need to keep in mind. Thank you so much.
The Chair: Thank you all. The kind comments are very much appreciated. For the final time —
[Translation]
Senator Dagenais: I had the opportunity to pay tribute to you at the caucus meeting, Mr. Chair. There is one thing I will remember. When I came to the Senate, it was a whole new career for me, and you inspired me with your experience and the diligence with which you handled matters. I admire your calm nature and your composure. I remember when we studied an issue that dealt with prostitution. One of the witnesses, a lady, came with a whip. You had to call security, but you proceeded with calm and elegance.
You are a role model for all the senators. As I was telling Senator Gold, as members of the Senate, we have the opportunity to work with people of quality and of great experience. Thank you for your experience. You are too young to retire. Many things await you. I wish you all the best in your new projects. Thank you, Mr. Chair.
[English]
The Chair: Thank you.
Once again, and for the final time, this meeting is adjourned.
(The committee adjourned.)