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LCJC - Standing Committee

Legal and Constitutional Affairs


THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

MINUTES OF PROCEEDINGS


OTTAWA, Tuesday, June 18, 2024
(110)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 3:30 p.m., in room B45, Senate of Canada Building, the chair, the Honourable Mobina S. B. Jaffer, presiding.

Members of the committee present: The Honourable Senators Batters, Carignan, P.C., Clement, Cotter, Dalphond, Jaffer, Klyne, Oudar, Pate, Plett, Simons and Tannas (12).

Other senators present: The Honourable Senator McBean (1).

Participating in the meeting: Iryna Zazulya, Analyst, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on Tuesday, March 19, 2024, the committee continued its consideration of Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

WITNESSES:

Department of Justice Canada:

Aleksander Godlewski, Counsel, Criminal Law Policy Section;

Joanna Wells, Senior Counsel, Criminal Law Policy Section.

Environment and Climate Change Canada:

Stephanie Lane, Executive Director, Legislative Governance;

Basile van Havre, Director General, Canadian Wildlife Service.

The committee resumed clause-by-clause consideration of Bill S-15.

Stephanie Lane and Aleksander Godlewski answered questions from time to time.

The chair asked whether clause 1, as amended, shall carry.

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

YEAS

The Honourable Senators

Clement, Cotter, Dalphond, Jaffer, Klyne, Oudar, Pate — [7]

NAYS

The Honourable Senators

Batters, Carignan, Plett — [3]

ABSTENTIONS

Simons, Tannas — [2]

The chair asked whether the preamble shall carry.

The Honourable Senator Plett moved that Bill S-15 be amended in the preamble, on page 1, by deleting lines 1 to 3.

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

The Honourable Senator Cotter moved that Bill S-15 be amended in the preamble, on page 1,

(a) by replacing lines 4 to 7 with the following:

“Whereas Parliament is of the view that certain animals should not be kept in captivity because of the risk of animal cruelty and the risk to public safety that such captivity presents;”;

(b) by replacing line 9 with the following:

“these animals in captivity may be justified in certain cir-”.

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

YEAS

The Honourable Senators

Clement, Cotter, Dalphond, Jaffer, Klyne, Pate, Simons — [7]

NAYS

The Honourable Senators

Batters, Plett — [2]

ABSTENTIONS

Carignan, Oudar, Tannas — [3]

The chair asked whether the preamble, as amended, shall carry.

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

YEAS

The Honourable Senators

Clement, Cotter, Dalphond, Jaffer, Klyne, Pate, Simons — [7]

NAYS

The Honourable Senators

Batters, Carignan, Plett — [3]

ABSTENTIONS

Oudar, Tannas — [2]

It was agreed that the title carry.

The chair asked if the bill, as amended, shall carry.

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

YEAS

The Honourable Senators

Clement, Cotter, Dalphond, Jaffer, Klyne, Oudar, Pate — [7]

NAYS

The Honourable Senators

Batters, Carignan, Plett — [3]

ABSTENTIONS

Simons, Tannas — [2]

It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make necessary technical, grammatical, or other required non-substantive changes as a result of the amendments adopted by the committee, in both official languages, including updating cross-references and renumbering of provisions.

The committee discussed observations.

The Honourable Senator Dalphond moved that the observation he circulated on designated species be appended to the committee’s report on Bill S-15 as modified based on the discussions.

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

The Honourable Senator Tannas moved that the observation he circulated on Noah’s Clause be appended to the committee’s report on Bill S-15.

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

The Honourable Senator Pate moved that the observations she circulated on the comprehensive review of the Criminal Code be appended to the committee’s report on Bill S-15.

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

YEAS

The Honourable Senators

Clement, Cotter, Dalphond, Jaffer, Klyne, Oudar, Pate, Simons, Tannas — [9]

NAYS

The Honourable Senators

Batters, Plett — [2]

ABSTENTIONS

Carignan — [1]

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, in both official languages, taking into consideration today’s discussion and with any necessary editorial, grammatical or translation changes as required.

It was agreed that the chair report Bill S-15, with amendments and with observations to the Senate, in both official languages.

At 4:40 p.m., the committee adjourned to the call of the chair.

ATTEST:

Vincent Labrosse

Clerk of the Committee

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