Proceedings of the Standing Senate Committee on
Legal and
Constitutional Affairs
Issue 10 - Minutes
OTTAWA, Thursday, December 4, 1997
(11)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 257, East Block, at 10:55 a.m., the Chairman, the Honourable Senator Lorna Milne, presiding.
Members of the committee present: The Honourable Senators Beaudoin, Doyle, Gigantès, Jessiman, Lewis, Losier-Cool, Milne, Moore and Pearson (9).
In attendance: Nancy Holmes and Gérald Lafrenière, Research Officers, Research Branch of the Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, October 29, 1997, at 10:55 a.m., the committee continued its consideration of Bill S-5, An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts. (See Issue No. 2, Thursday, October 30, 1997, for full text of Order of Reference.)
WITNESS:
From the Department of Justice:
Mr. Stephen Sharzer, Senior Counsel, Human Rights Law Section.
The Chairman made an opening statement.
It was agreed -- That the committee complete clause-by-clause consideration of Bill S-5.
It was agreed -- That clauses 1 to 9 carry.
It was moved by the Honourable Senator Jessiman -- That Bill S-5 be amended in clause 10, on page 7 by replacing lines 13 to 41 with the following:
"accommodate those needs." ; and
(b) renumbering subsections (8) and (9), pages 7 and 8, as (3) and (4) and any cross-references thereto accordingly.
After debate, the question being put on the motion, it was negatived, with Senator Kinsella abstaining.
It was agreed, on division, -- That clause 10 carry.
It was agreed -- That clauses 11 to 15 carry.
It was moved by the Honourable Senator Kinsella -- That Bill S-5 be amended in clause 16, on page 9, by replacing lines 15 to 22 with the following:
"16. Section 16 of the Act is replaced by the following:
16. (1) It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group.
(2) The Canadian Human Rights Commission, may
(a) make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and
(b) on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve.
(3) It is not a discriminatory practice to collect information relating to a prohibited ground of discrimination if the information is intended to be used in adopting or carrying out a special program, plan or arrangement under subsection (1)."
The question being put on the motion, it was agreed.
It was agreed that clauses 17 to 22 carry.
It was moved by the Honourable Senator Jessiman, on behalf of Senator Cogger -- That Bill S-5 be amended in clause 23, on page 11, by replacing lines 31 to 37 with the following:
"(2) Paragraphs 40(5)(a), (b) and (c) of the Act are replaced by the following:
(a) occurred in Canada and the victim of the practice was at the time of the act or omission either lawfully present in Canada or, if temporarily absent from Canada, entitled to return to Canada; or
(b) occurred outside Canada and the victim of the practice was at the time of the act or omission a Canadian citizen or an individual lawfully admitted to Canada for permanent residence."
After debate, the question being put on the motion, it was negatived, with Senator Kinsella abstaining.
It was agreed, on division, -- That clause 23 carry.
It was agreed -- That clauses 24 to 51 carry.
It was agreed -- That the preamble carry.
It was agreed -- That the Title carry.
Mr. Stephen Sharzer was called to the table and answered a question.
After debate, it was agreed that Bill S-5, as amended, carry.
After debate, it was agreed, on division, -- That Bill S-5 be reported to the Senate, as amended.
It was agreed -- That observations be added to the report concerning the need for a comprehensive assessment of the Canadian Human Rights Act, as well as the committee's concerns with the French drafting of Bill S-5.
It was agreed -- That the Chairman have the power to approve the final text of these observations.
Pursuant to the Order of Reference adopted by the Senate on Thursday, October 30, 1997, at 11:30 a.m. the committee commenced its examination of the Proposed Regulations pursuant to section 118 of the Firearms Act.
WITNESSES:
From the Department of Justice:
Mr. Gordon Parry, Director, Policy and Programs, Canadian Firearms Centre;
Mr. William C. Bartlett, Legal Counsel, Canadian Firearms Centre;
Ms Carolyn Saint-Denis, Senior Policy Analyst, Policy and Programs, Canadian Firearms Centre.
Mr. Gordon Parry made a statement and, together with Mr. William C. Bartlett and and Ms Carolyn Saint-Denis answered questions.
It was -- That the Proposed Regulations be reported to the Senate without further hearings.
The Chairman read to the committee the wording of the observations to be included in the committee's report to the Senate on Bill S-5.
At 12:46 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Heather Lank
Clerk of the Committee