Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 24 - Minutes of Proceedings
OTTAWA, Thursday, February 7, 2002
(41)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 10:50 a.m., this day, in room 257 East Block, the Honourable Senator Milne, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Biron, Cools, Jaffer, Joyal, Milne, Moore, Nolin, Pearson, and Rivest (11).
Other senator present: The Honourable Senator Grafstein (1).
In attendance: From the Library of Parliament: Nancy Holmes and David Goetz, Researchers, Law and Government Division.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, November 6, 2001, the committee proceeded to study Bill C-15A, An Act to amend the Criminal Code and to amend other Acts. (For complete text of Order of Reference see proceedings of the Committee, Issue No. 20, December 5, 2001).
WITNESS:
From the Department of Justice:
Ms Mary McFadyen, Senior Counsel, Criminal Law Policy Section.
The Chair read into the record a letter from the Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada.
Ms McFadyen was called to the table and answered questions.
After debate, it was agreed, — That the committee proceed to clause-by-clause consideration of Bill C-15A.
It was agreed, — That the title stand postponed.
It was agreed, — That clause 1 stand postponed.
It was agreed, — That clauses 2 to 4 carry.
The Honourable Senator Nolin moved, — That Bill C-15A in clause 5 be amended as follows:
(a) en ajoutant après la ligne 34, ce qui suit:
``(2.1) L'article 163.1 de la même loi est modifié par adjonction, après le paragraphe (3), de ce qui suit:
(3.1) Ne commet pas une infraction le gardien d'un ordinateur qui ne fait que fournir les moyens ou installations de télécommunication qu'emploie une autre personne pour commettre une infraction au sens du paragraphe 163.1 (3).
(3.2) Au présent article, «télécommunication» a le même sens qu'aux articles 326 et 327 de la présente loi.''.
After debate, the question being put on the motion in amendement of the Honourable Senator Nolin, it was agreed on the following division:
YEAS: Andreychuk, Beaudoin, Biron, Nolin, Rivest — 5
NAYS: Cools, Jaffer, Milne, Pearson — 4
ABSTENTIONS: Joyal, P.C., Moore — 2
The Honourable Senator Pearson moved, — That Bill C-15A in clause 5 be amended as follows:
(a) by adding after line 7, the following:
``(4) Subsections 163.1(6) and (7) of the Act are replaced by the following:
(6) Where the accused is charged with an offence under subsection (2), (3), (4) or (4.1), the court shall find the accused not guilty if the representation or written material that is alleged to constitute child pornography has artistic merit or an educational, scientific or medical purpose.
(7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection (2) (3), (4) or (4.1).''.
The question being put on the motion in amendment of the Honourable Senator Pearson, it was agreed unanimously.
It was agreed, — That clauses 6 to 28 carry.
It was agreed, — That clause 29 carry.
It was agreed, — That clauses 30 to 34 carry.
It was agreed, — That clause 35 carry.
It was agreed, — That clauses 36 to 69 carry.
It was agreed, on division — That clause 70 carry.
It was agreed, on division, — That clause 71 carry.
It was agreed, — That clauses 72 to 93 carry.
It was agreed, — That clause 1 carry.
It was agreed, — That the title carry.
It was agreed, — That this bill be adopted with amendments.
It was agreed, — That the Chair report this bill, as amended, at the next sitting of the Senate.
At 12:30 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Josée Thérien
Clerk of the Committee