Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 44 - Minutes of Proceedings - May 23, 2018
OTTAWA, Wednesday, May 23, 2018
(104)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 3:18 p.m., in room 257, East Block, the chair, the Honourable Serge Joyal, P.C., presiding.
Members of the committee present: The Honourable Senators Batters, Boisvenu, Boniface, Carignan, P.C., Dagenais, Dupuis, Gold, Joyal, P.C., McIntyre, Munson, Omidvar, Pate and Pratte (13).
In attendance: Maxime Charron-Tousignant and Lyne Casavant, 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, December 14, 2017, the committee continued its examination of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 34.)
WITNESSES:
As an individual:
Don Stuart, Professor, Faculty of Law, Queen's University.
Department of Justice Canada:
Greg Yost, Counsel, Criminal Law Policy Section;
Joanne Wells, Counsel, Criminal Law Policy Section.
The chair made a statement.
Mr. Stuart made a statement and answered questions.
At 3:56 p.m., the committee suspended.
At 4:01 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera to consider a draft report.
It was agreed that senators' staff be allowed to stay in the room.
It was agreed that the committee allow the transcription of the in camera portion of the meeting, that one copy be kept in the office of the clerk of the committee for consultation by committee members present and/or by the committee analysts, and that the transcript be destroyed by the clerk when authorized to do so by the Subcommittee on Agenda and Procedure, but no later than at the end of this parliamentary session.
It was agreed that the draft observations of the report be adopted, and that the Subcommittee on Agenda and Procedure be authorized to make necessary editorial revisions and approve the final text before tabling in the Senate.
At 4:58 p.m., the committee suspended.
At 5:06 p.m., the committee resumed in public.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that the clauses be grouped by groups of 10.
The chair asked whether clauses 1 to 10 shall carry.
The Honourable Senator Carignan, P.C., moved that Bill C-46 be amended in clause 2, on page 3, by adding the following after line 10:
"253.2 (1) Before a regulation is made under section 253.1 in respect of a blood drug concentration for a drug, the Minister of Justice and Attorney General of Canada shall cause the proposed regulation to be laid before each House of Parliament, along with a report setting out the scientific evidence that demonstrates the link between impairment and the proposed blood drug concentration.
(2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee shall review the proposed regulation and present a report with its findings to that House within 30 sitting days after the day on which the proposed regulation is referred to it.
(3) A regulation is not to be made unless it is approved by both Houses of Parliament.
(4) Subsections (1) to (3) apply in the case of a proposed amendment to a regulation made under section 253.1 in respect of a blood drug concentration for a drug.''.
After debate, the question being put on the motion in amendment, it was negatived by a show of hands.
It was agreed that clauses 1 to 10 carry, on division.
The chair asked whether clauses 11 to 20 shall carry.
The Honourable Senator Boisvenu moved that Bill C-46 be amended in clause 15, on page 15, by replacing line 24 with the following:
"(3) Everyone commits the offence of vehicular homicide as a result of impaired driving who commits an of-''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 5.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Munson, Pate, Pratte — 6.
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Boisvenu moved that Bill C-46 be amended in clause 15, on page 15, with the following:
(a) on page 19, by replacing line 28 with the following:
"320.21 (1) Everyone who commits an offence under sub-''; and
(b) on page 20, by adding the following after line 4:
"(2) A sentence, other than one of life imprisonment, imposed on a person for an offence under any of subsections 320.13(3), 320.14(3), 320.15(3) and 320.16(3) shall be served consecutively to any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events and to any other sentence, other than a sentence of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those subsections.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 5.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Munson, Pate, Pratte — 6.
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Boisvenu moved that Bill C-46 be amended in clause 15, on pages 19 -20, with the following:
(a) on page 19, by replacing lines 31 and 32 with the following:
"and to a minimum punishment of imprisonment for a term of two years.''; and
(b) on page 20, by deleting lines 1 to 4.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 5.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Pate, Pratte — 5.
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Boisvenu moved that Bill C-46 be amended in clause 15, on page 20 by replacing lines 15 and 16 with the following:
"(c) a passenger was present in the conveyance operated by the offender;''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 5.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Munson, Pate, Pratte — 6.
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Carignan, P.C., moved that Bill C-46 be amended in clause 15, on page 24, by replacing line 27 with the following:
"(3) A peace officer may, in the course of the lawful exercise of powers under an Act of Parliament, an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a vessel, an aircraft, any railway equipment, a bus, a heavy-load truck or a taxi cab to immediately provide the following samples that, in the peace officer's opinion, are necessary to enable a proper analysis to be made by means of an approved device or the approved equipment and to accompany the peace officer for that purpose:
(a) samples of breath, if the peace officer has in his or her possession an approved screening device; and
(b) samples of a bodily substance, if the peace officer has in his or her possession the approved drug screening equipment.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 5.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Munson, Pate, Pratte — 6.
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Batters moved that Bill C-46 be amended in clause 15, on pages 23, 24 and 34 with the following:
"320.27 If a peace officer has reasonable grounds to'';
(b) on page 24, delete lines 18 to 27; and
(c) on page 34, replace line 18 with the following:
"conducted under paragraph 320.27(a); and''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Joyal, Batters, Boisvenu, Carignan, Dagenais, and McIntyre — 6.
NAYS
The Honourable Senators Dupuis, Gold, Omidvar, Pate, Pratte — 5.
ABSTENTIONS
The Honourable Senator Munson — 1.
The Honourable Senator Gold moved that Bill C-46 be amended in clause 15, on page 29 with the following:
(a) Replace line 27 with the following:
"son's blood alcohol concentration was equal to or exceeded 20 mg of alco-''; and
(b) Replace line 29 with the following:
"centration within those two hours is conclusively presumed to be the concentra-''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, Dupuis, Gold, Omidvar, McIntyre, — 11.
NAYS
The Honourable Senators — Nil
ABSTENTIONS
The Honourable Senator Joyal — 1.
The Honourable Senator Gold moved that Bill C-46 be amended in clause 15, on page 30 by replacing line 30 with the following:
"mand made under section 320.27 or 320.28.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Dagenais, Gold, Omidvar, McIntyre, Munson, Pate and Pratte — 9.
NAYS
The Honourable Senators — Nil
ABSTENTIONS
The Honourable Senators Carignan, Dupuis, Joyal — 3.
The Honourable Senator Gold moved that Bill C-46 be amended in clause 15, on page 32 by replacing line 19 with the following:
"(c) any error or exception messages produced by the approved instru-''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Dupuis, Gold, Omidvar, McIntyre, Munson, Pate and Pratte — 7.
NAYS
The Honourable Senators Batters, Boisvenu, Carignan and Dagenais — 4.
ABSTENTIONS
The Honourable Senator Joyal — 1.
It was agreed that clause 15, as amended carry, on division.
It was agreed that clauses 11 to 20 carry, on division.
It was agreed that clauses 21 to 30 carry, on division.
The chair asked whether clauses 31 to 40 shall carry.
The Honourable Senator Pratte moved that Bill C-46 be amended in clause 31.1, on page 41 by replacing line 19 with the following:
"ed by this Act, including an evaluation of whether their implementation and operation have resulted in differential treatment of any particular group based on a prohibited ground of discrimination. The Minister of Justice and Attorney General of Canada must prepare a report setting out''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Carignan, Dupuis, Gold, Omidvar, McIntyre, Munson, Pate and Pratte — 8.
NAYS
The Honourable Senators Batters, Boisvenu and Dagenais — 3.
ABSTENTIONS
The Honourable Senator Joyal — 1.
It was agreed that clause 31.1, as amended carry, on division.
The Honourable Senator Gold moved that Bill C-46 be amended in clause 38, on page 43 by replacing line 34 with the following:
"320.4(b)(ii) and paragraph 320.4(c) of the Criminal Code as enacted by''.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dagenais, Dupuis, Gold, Omidvar, McIntyre, Munson, Pate and Pratte — 11.
NAYS
The Honourable Senators - Nil.
ABSTENTIONS
The Honourable Senator Joyal — 1.
It was agreed that clause 38, as amended carry, on division.
It was agreed that clauses 31 to 40 carry, on division.
It was agreed that clauses 41 to 50 carry, on division.
It was agreed that clauses 51 and 52 carry, on division.
The chair asked whether the preamble shall carry.
The Honourable Senator Pratte moved that Bill C-46 be amended in the preamble, on page 1 by replacing line 26 with the following:
"to adopting a precautionary approach in relation to driving and the consumption of drugs, and to deterring the commission of offences relating to''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators Batters, Boisvenu, Carignan, Dupuis, Gold, Omidvar, McIntyre, Munson, Pate and Pratte — 10.
NAYS
The Honourable Senators - Nil.
ABSTENTIONS
The Honourable Senators Joyal and Dagenais — 2.
It was agreed that the preamble, as amended carry, on division.
The chair asked whether the committee shall append observations to the report.
The Honourable Senator Munson moved that the following observation be appended to the report:
Recognize that all forms of impaired driving are dangerous and that those who choose to drive while impaired should face serious consequences, but also recognize that permanent residents and foreign nationals are deemed inadmissible to Canada on grounds of serious criminality under section 36(1) of the Immigration and Refugee Protection Act when convicted of an offence punishable by a maximum term of imprisonment of at least ten years. As Bill C-46 would increase the maximum penalties for offences not causing bodily harm or death (simpliciter offences) prosecuted on indictment from five to ten years of imprisonment, the committee encourages the government to consider making changes to ensure that permanent residents and foreign nationals who drive while impaired are not disproportionally affected.
After debate, the Honourable Senator Carignan, P.C., moved that Senator Munson's observation be amended by keeping the first two and a half lines and deleting the rest.
After debate, the question being put on the subamendment, it was negatived on the following vote:
YEAS
The Honourable Senators Batters, Carignan and Dagenais — 3.
NAYS
The Honourable Senators — Boisvenu, Dupuis, Gold, Omidvar, McIntyre, Munson, Pate and Pratte - 8.
ABSTENTIONS
The Honourable Senator Joyal — 1.
After the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators Dupuis, Gold, Omidvar, Munson, Pate and Pratte — 6.
NAYS
The Honourable Senators — Batters, Boisvenu, Carignan, and Dagenais — 4.
ABSTENTIONS
The Honourable Senators Joyal and McIntyre — 2.
It was agreed that any consequential changes be made to the numbering of provisions and cross-references as a result of the amendments to this Bill.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the bill, as amended carry, on division.
It was agreed that Bill C-46 be reported with amendments and with observations to the Senate.
At 7:33 p.m., the committee adjourned to the call of the chair.
ATTEST:
Keli Hogan
Clerk of the Committee