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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue No. 62 - Minutes of Proceedings - May 15, 2019


OTTAWA, Wednesday, May 15, 2019
(143)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 3:17 p.m., in room W120, 1 Wellington St., the chair, the Honourable Serge Joyal, P.C., presiding.

Members of the committee present: The Honourable Senators Batters, Boisvenu, Carignan, P.C., Dalphond, Dupuis, Dyck, Forest, Gold, Joyal, P.C., McIntyre, Miville-Dechêne, Pratte and Sinclair (13).

Other senator present: The Honourable Senator McPhedran (1).

In attendance: Mireille Aubé, Procedural Clerk, Senate Committees Directorate; Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament.

Also present: The official stenographers of the Senate.

Pursuant to the order of reference adopted by the Senate on Thursday, April 4, 2019, the committee continued its examination of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 60.)

WITNESSES:

Department of Justice Canada:

Carole Morency, Director General and Senior General Counsel;

Shannon Davis-Ermuth, Senior Counsel.

The chair made a statement.

It was agreed that the letter from the Minister of Justice and Attorney General of Canada, be published as an appendix to today's Evidence (Appendix 5900-1.42/LCJC-C-75, 62, "1'').

The Honorable Senator Boisvenu moved that Bill C-337 be the next item of consideration by the committee following the completion of Bill C-75.

After debate, the question being put on the motion, it was negatived by a show of hands.

It was agreed that the Subcommittee on Agenda and Procedure review the committee schedule in relation to Bill C- 337.

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.

Ms. Morency and Ms. Davis-Ermuth answered questions from time to time.

It was agreed that the title stand postponed.

It was agreed that the clauses be grouped by groups of 10.

It was agreed that clauses 1 to 6 carry, on division

The chair asked whether clause 7 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 7, on page 5, by replacing lines 32 to 35 with the following:

"ted is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clauses 7 to 10 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.

It was agreed that clauses 31 to 34 carry, on division.

The chair asked whether clause 35 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 35, on page 12, by replacing lines 22 to 25 with the following:

"of an indictable offence and liable to imprisonment for a term of not more than five years.''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 35 carry, on division.

The chair asked whether clause 36 shall carry.

The Honourable Senator Batters moved that Bill C-75 be amended in clause 36, on page 12, by replacing lines 31 and 32 with the following:

"five years who directly or indirectly gives, offers or''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 36 carry, on division.

It was agreed that clauses 37 to 42 carry, on division.

The chair asked whether clause 43 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 43, on page 15, by replacing lines 3 to 6 with the following:

"obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clauses 43 to 45 carry, on division.

The chair asked whether clause 46 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 46, on page 15, by replacing lines 30 and 31 with the following:

"years who''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clauses 46 to 62 carry, on division.

The chair asked whether clause 63 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 63, on page 22, by replacing lines 5 and 6 with the following:

"years who''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clauses 63 to 95 carry, on division.

It was agreed that clause 96 carry, on division.

The Honourable Senator McIntyre moved that Bill C-75 be amended, on page 33 by adding the following after line 21:

"96.1 Paragraph 271(b) of the Act is replaced by the following:

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.''.

After debate, the question being put on the motion in amendment that new clause 96.1 carry, it was negatived by a show of hands.

It was agreed that clauses 97 to 105 carry, on division.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 106, pages 35 and 36:

(a) on page 35, by replacing line 33 with the following:

"of an indictable offence and liable to imprisonment for a term of not more than five years.''; and

(b) on page 36, by deleting lines 1 to 3.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 106 carry, on division.

The chair asked whether clause 107 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 107, on page 36, by replacing lines 12 to 15 with the following:

"possession of that person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.''.

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, McIntyre — 4

NAYS

The Honourable Senators

Dalphond, Dupuis, Dyck, Gold, Miville-Dechêne, Pratte, Sinclair — 7

ABSTENTIONS

The Honourable Senator

Joyal — 1

It was agreed that clause 107 carry, on division.

It was agreed that clause 108 carry, on division.

It was agreed that the committee revert back to clauses 104 and 105 for a recorded vote.

The chair asked whether clause 104 shall carry.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Dalphond, Dupuis, Dyck, Gold, Pratte, Sinclair — 6

NAYS

The Honourable Senators

Batters, Boisvenu, Carignan, McIntyre, Miville-Dechêne — 5

ABSTENTIONS

The Honourable Senator

Joyal — 1

The chair asked whether clause 105 shall carry.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Dalphond, Dupuis, Dyck, Gold, Miville-Dechêne, Pratte, Sinclair — 7

NAYS

The Honourable Senators

Batters, Boisvenu, Carignan, McIntyre — 4

ABSTENTIONS

The Honourable Senator

Joyal — 1

The chair asked whether clause 109 shall carry.

After debate, the question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Dalphond, Dupuis, Dyck, Gold, Pratte, Sinclair — 6

NAYS

The Honourable Senators

Batters, Boisvenu, Carignan, McIntyre, Miville-Dechêne — 5

ABSTENTIONS

The Honourable Senator

Joyal — 1

It was agreed that clauses 110 to 114 carry, on division

The chair asked whether clause 115 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 115, on page 38, by replacing lines 4 to 7 with the following:

"guilty of an indictable offence and liable to imprisonment for a term of not more than five years.'';

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 115 carry, on division.

It was agreed that clauses 116 to 121 carry, on division.

The chair asked whether clause 122 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 122,

(a) on page 39, by replacing line 31 with the following:

"guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or''; and

(b) on page 40, by deleting lines 1 to 4.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 122 carry, on division.

It was agreed that clauses 123 to 138 carry, on division.

The chair asked whether clause 139 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 139, on page 45, by replacing lines 26 and 27 with the following:

"10 years who, directly or indirectly, buys or sells a se-''.

After debate, the question being put on the motion in amendment, it was negatived by a show of hands.

It was agreed that clause 139 carry, on division.

It was agreed that clauses 140 to 183 carry, on division.

The chair asked whether clause 184 shall carry.

The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 184,

(a) on page 59, by replacing lines 32 to 34 with the following:

"ganization is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.''; and

(b) on page 60, by deleting line 1.

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, McIntyre — 4

NAYS

The Honourable Senators

Dalphond, Dupuis, Dyck, Gold, Miville-Dechêne, Pratte, Sinclair — 7

ABSTENTIONS

The Honourable Senator

Joyal — 1

It was agreed that clause 184 carry, on division.

It was agreed that clauses 185 to 195 carry, on division.

It was agreed that clause 196 carry, on division.

The Honourable Senator McIntyre moved that Bill C-75 be amended, on page 62 by adding the following after line 21:

"196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:

(i) subsection 52(1),

(i.001) subsection 57(3),

(i.002) section 62,

(i.003) subsection 65(2),

(i.004) subsection 70(3),

(i.005) subsection 82(1),

(i.006) subsection 121(1),

(i.007) subsection 121(2),

(i.008) section 122,

(i.009) subsection 123(1),

(i.01) subsection 123(2),

(i.011) section 124,

(i.012) section 125,

(i.013) subsection 139(2),

(i.014) subsection 142,

(i.015) section 144,

(i.016) section 145,

(2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:

(iv) section 182,

(iv.1) section 184,

(iv.2) section 184.5,

(iv.3) section 221,

(iv.4) section 242,

(iv.5) subsection 247(1),

(iv.6) subsection 247(2),

(iv.7) subsection 247(3),

(iv.8) section 262,

(3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii):

(viii.01) section 280,

(viii.02) section 281,

(4) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):

(viii.11) section 290,

(viii.12) section 291,

(viii.13) section 292,

(viii.14) section 293,

(viii.15) section 293.1,

(viii.16) section 293.2,

(viii.17) section 300,

(viii.18) section 302,

(5) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):

(viii.21) sections 322 to 332,

(viii.21) paragraph 334(a),

(viii.22) subsection 338(1) or (2),

(viii.23) subsection 339(1),

(viii.24) subsection 340,

(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x):

(x.1) subsection 351(1),

(x.11) section 354,

(x.12) paragraph 355(a),

(x.13) section 357,

(x.14) paragraph 362(2)(a),

(x.15) subsection 362(3),

(x.16) section 363,

(x.17) subsection 377(1),

(x.18) section 378,

(x.19) section 382,

(x.2) subsection 382.1(1),

(x.21) section 383,

(x.22) section 384,

(x.23) section 386,

(x.24) section 394,

(x.25) section 394.1,

(x.26) section 396,

(x.27) section 397,

(x.28) section 399,

(x.29) section 400,

(x.3) section 405,

(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi):

(xi.1) section 424,

(xi.11) section 424.1,

(xi.12) section 426,

(xi.13) section 435,

(xi.14) section 436,

(xi.15) section 436.1,

(xi.16) subsection 438(1),

(xi.17) subsection 439(2),

(xi.18) section 441,

(xi.19) section 443,

(xi.2) section 451,

(xi.21) section 460,

(xi.22) subparagraphs 465(1)(b)(i) and (ii),

(xi.23) section 753.3,''.

At 5:13 p.m., the committee suspended.

At 5:44 p.m., the committee resumed.

After debate, it was agreed that new clause 196.1 stand postponed.

It was agreed that clauses 197 to 224 carry, on division.

It was agreed that the committee would resume consideration of clause 225 at the next meeting.

At 6:15 p.m., the committee adjourned to the call of the chair.

ATTEST:

Keli Hogan
Clerk of the Committee