Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 10 - Minutes of Proceedings
OTTAWA, Wednesday, May 7, 2003
(22)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, in camera, at 3:58 p.m., in room 257, East Block, the Chair, Honourable Senator Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Bryden, Cools, Furey, Jaffer, Joyal, P.C., Nolin, Pearson and Stratton (11).
Other senators present: The Honourable Senators Adams and Watt (2).
In attendance: From the Library of Parliament, Nancy Holmes, Gérald Lafrenière and Marilyn Pilon.
Also in attendance: The official reporters of the Senate.
The committee proceeded to discuss future business of the committee.
At 4:55 p.m., it was agreed — That the committee adjourn to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, May 14, 2003
(23)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 3:38 p.m., in room 257, East Block, the Chair, the Honourable Senator George Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Bryden, Cools, Furey, Jaffer, Joyal, P.C., Milne, Nolin, Pearson and Stratton (12).
Other senators present: The Honourable Senators Adams, St. Germain, P.C. and Watt (3).
In attendance: From the Library of Parliament, Nancy Holmes and Gérald Lafrenière.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, November 20, 2002, the committee continued its study of Bill C-10B, An Act to amend the Criminal Code (cruelty to animals). (For complete text of Order of Reference see proceedings of the committee, Issue No. 2.)
The committee considered its business.
The Honourable Senator Jaffer moved — That the committee move to clause-by-clause consideration of Bill C-10B.
The question being put on the motion, it was adopted.
It was agreed — That the title stand postponed.
It was agreed — That the preamble stand postponed.
It was agreed — That clause 1 stand postponed.
The Chair asked whether clause 2 shall carry.
The Honourable Senator Beaudoin moved — That Bill C-10B be amended on page 1, at clause 2, by replacing lines 9 and 10 with the following:
``vertebrate, other than a human being.''
After debate, the question being put on the motion in amendment, it was adopted.
The committee considered the question — That clause 2, as amended, carry.
After debate, the Honourable Senator Baker, P.C., moved — That Bill C-10B be amended on page 2, at clause 2, as follows:
(a) Replace line 5 with the following:
``to, or the unnecessary death of, an animal;''
(b) Delete line 10; and
(c) Reletter paragraphs 182.2 (1)(d) to 182.2 (1)(h) as paragraphs 182.2 (1)(c) to 182.2 (1)(g) and any cross- references thereto accordingly.
After debate, the question being put on the motion in amendment, it was adopted, on division.
The committee resumed consideration of the question — That clause 2, as amended, carry.
The Honourable Joyal, P.C., moved — That Bill C-10B be amended on page 3, clause 2, after line 10, by adding the following:
``(3) No person shall be convicted of an offence under paragraph (1)(a)) if the pain, suffering or injury is caused in the course of the following activities and is no more than is reasonably necessary for carrying out those activities:
(a) lawful hunting, trapping or fishing;
(b) scientific research conducted in accordance with generally accepted standards;
(c) reasonable and generally accepted practices of animal management, husbandry or slaughter; or
(d) traditional hunting, trapping or fishing practices carried out by a person who is a member of one of the Aboriginal peoples of Canada in any area in which Aboriginal peoples have harvesting rights under or by virtue of existing Aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982.''
After debate, with leave, it was agreed — That consideration of the motion in amendment of the Honourable Senator Joyal, P.C. be suspended.
The committee resumed consideration of the question — That clause 2, as amended, carry.
After debate, the Honourable Senator Cools moved — That Bill C-10B be amended at page 4, clause 2, by replacing lines 22 to 24 with the following:
``182.5 No person shall be convicted of an offence under this Part where he proves that he acted with legal justification or excuse or with colour of right.''.
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question — That clause 2, as amended, carry.
The Honourable Senator Jaffer moved — That Bill C-10B be amended on page 5, clause 2, in the French version, by replacing line 5 with the following:
``perte de l'animal d'assistance policière ou des''.
The question being put on the motion, it was adopted.
If was, with leave, agreed — That further consideration of clause 2, as amended, be suspended.
It was agreed — That clause 3 carry.
It was agreed — That clause 4 carry.
It was agreed — That clause 5 carry.
After debate, it was agreed — That the committee adjourn.
Accordingly, at 5:37 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, May 15, 2003
(24)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:57 a.m., in room 257, East Block, the Deputy Chair, Honourable Senator Gérald-A. Beaudoin, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Banks, Beaudoin, Cools, Hubley, Jaffer, Joyal, P.C., Milne, Nolin, Pearson and Stratton (12).
Other senators present: The Honourable Senators Adams, St. Germain, P.C. and Watt (3).
In attendance: From the Library of Parliament, Nancy Holmes and Gérald Lafrenière.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, November 20, 2002, the committee continued its study of Bill C-10B, An Act to amend the Criminal Code (cruelty to animals). (For complete text of Order of Reference see proceedings of the committee, Issue No. 2.)
The committee resumed consideration of the motion of the Honourable Senator Joyal, P.C., which read as follows:
That Bill C-10B be amended on page 3, clause 2, after line 10, by adding the following:
``(3) No person shall be convicted of an offence under paragraph (1)(a) if the pain, suffering or injury is caused in the course of the following activities and is no more than is reasonably necessary for carrying out those activities:
(a) lawful hunting, trapping or fishing;
(b) scientific research conducted in accordance with generally accepted standards;
(c) reasonable and generally accepted practices of animal management, husbandry or slaughter; or
(d) traditional hunting, trapping or fishing practices carried out by a person who is a member of one of the Aboriginal peoples of Canada in any area in which Aboriginal peoples have harvesting rights under or by virtue of existing Aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982.''
With leave, the Honourable Senator Joyal, P.C., moved — That his motion in amendment be modified to read as follows:
That Bill C-10B be amended on page 3, clause 2, after line 10, by adding the following:
``(3) No person shall be convicted of an offence under paragraph (1)(a) if the pain, suffering, injury or death is caused in the course of traditional hunting, trapping or fishing practices carried out by a person who is a member of one of the Aboriginal peoples of Canada in any area in which Aboriginal peoples have harvesting rights under or by virtue of existing aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982, and any pain, suffering or injury caused is no more than is reasonably necessary in the carrying out of those traditional practices.''.
After debate and with leave, the committee agreed — That the motion in amendment of the Honourable Senator Joyal, P.C. be further amended to read as follows:
``(3) No person shall be convicted of an offence under paragraph (1)(a) if the pain, suffering, injury or death is caused in the course of traditional hunting, trapping or fishing practices carried out by a person who is one of the Aboriginal peoples of Canada in any area in which Aboriginal peoples have harvesting rights under or by virtue of existing aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982, and any pain, suffering or injury caused is no more than is reasonably necessary in the carrying out of those traditional practices.''
The question being put on the motion, it was adopted.
The committee considered the motion in amendment of the Honourable Senator Joyal, P.C., as amended.
After debate, the question being put on the motion in amendment, as modified, it was adopted on the following division:
YEAS: The Honourable Senators Baker, P.C., Cools, Hubley, Joyal, P.C. and Nolin (5).
NAYS: The Honourable Senators Banks and Jaffer (2).
ABSTENTIONS: The Honourable Senators Andreychuk, Beaudoin, Milne, Pearson and Stratton (5).
After debate, it was agreed — That clause 2, as amended, carry.
It was agreed — That clause 1 carry.
It was agreed — That the preamble carry.
It was agreed — That the title carry.
It was agreed, — That Bill C-10B, as amended, carry.
After debate, it was agreed — That the committee proceed in camera, pursuant to rule 92(f), to consider a draft report.
Accordingly, at 12:24 p.m., the committee proceeded in camera.
The committee agreed to observations to append to the report on Bill C-10B.
At 12:26 p.m., the committee resumed in public.
It was agreed — That the Chair reports the Bill, as amended and with the agreed to observations, to the Senate.
At 12:27 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Marcy Zlotnick
Clerk of the Committee