Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 3 - Minutes of Proceedings
OTTAWA, Wednesday, December 5, 2007
(6)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day in camera at 4:08 p.m., in room 257, East Block, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Di Nino, Fraser, Jaffer, Joyal, P.C., Merchant, Milne, Oliver and Watt (11).
Other senator present: The Honourable Senator Adams (1).
In attendance: Sebastian Spano and Mary Hurley, Analysts, Library of Parliament.
Pursuant to the order of reference adopted by the Senate on Wednesday, November 28, 2007, the committee began its consideration of Bill S-207, An Act to repeal legislation that has not come into force within ten years of receiving Royal Assent.
In accordance with rule 92(2)(e), the committee considered its draft agenda.
The Honourable Senator Di Nino moved:
That the committee proceed to clause-by-clause consideration of Bill S-207 at its next meeting.
The question being put on the motion, it was adopted.
At 4:11 p.m., the committee suspended its sitting.
At 4:13 p.m., the committee resumed its sitting.
Pursuant to the order of reference adopted by the Senate on Tuesday, November 20, 2007, the committee continued its consideration on the implications of including, in legislation, non-derogation clauses relating to existing Aboriginal and treaty rights of the Aboriginal peoples of Canada under s. 35 of the Constitution Act, 1982. (For complete text of order of reference, see proceedings of the committee, Issue No. 1.)
In accordance with rule 92(2)(f), the committee considered its draft report.
It was agreed that the draft report be adopted and that the chair be authorized to make editorial revisions without changing the content.
At 5:35 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, December 6, 2007
(7)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:55 a.m., in room 257, East Block, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Chaput, Di Nino, Fraser, Jaffer, Joyal, P.C., Milne, Oliver and Watt (11).
Other senator present: The Honourable Senator Banks (1).
In attendance: Sebastian Spano and Dominique Valiquet, Analysts, Library of Parliament.
Also in attendance: The official reporters of the Senate.
It was agreed that the following legislative budget application for the fiscal year ending March 31, 2008 be approved for submission to the Standing Committee on Internal Economy, Budgets and Administration:
| Professional and Other Services | $ 26,000 |
| Transportation and Communications | $ 21,070 |
| All Other Expenditures | $ 4,000 |
| Total | $ 51,070 |
The question being put on the motion, it was adopted.
Pursuant to the order of reference adopted by the Senate on Wednesday, November 28, 2007, the committee continued its consideration of Bill S-207, An Act to repeal legislation that has not come into force within ten years of receiving Royal Assent.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-207.
It was agreed that the title stand postponed.
It was agreed that clause 1, the short title, stand postponed.
It was agreed that clause 2 carry.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
It was agreed that clause 1 carry.
It was agreed that the title carry.
It was agreed that the bill be adopted without amendment.
It was agreed that the bill be reported to the Senate at the next sitting.
Pursuant to the order of reference adopted by the Senate on Wednesday, November 21, 2007, the committee continued its consideration of Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments). (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)
WITNESSES:
Department of Justice Canada:
Anouk Desaulniers, Senior Counsel, Criminal Law Policy Section;
Hal Pruden, Counsel, Criminal Law Policy Section.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-13.
It was agreed that the title stand postponed.
It was agreed that clauses 1 to 4 carry.
The chair asked if clause 5 shall carry.
After debate, it was agreed that clause 5 carry, on division.
It was agreed that clauses 6 to 17 carry.
The chair asked if clause 18 shall carry.
The Honourable Senator Chaput moved:
That Bill C-13 be amended in clause 18, on page 7, by replacing lines 3 and 4 with the following:
"appears, shall advise the accused of his or her right to apply for an order under subsection".
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 18, as amended, carry on division.
The chair asked if clause 19 shall carry.
The Honourable Senator Chaput moved:
That Bill C-13 be amended in clause 19, on page 7, by replacing lines 31 and 32 with the following:
"(a) cause the portions of an information or indictment against the accused that are in an".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 19, as amended, carry.
It was agreed that clauses 20 to 21 carry.
The Honourable Senator Joyal moved:
That Bill C-13 be amended, on page 9, by adding after line 3 the following:
"21.1 The Act is amended by adding the following after section 532:
532.1 The Minister of Justice shall prepare and cause to be laid before each House of Parliament an annual report for the previous year on the operation of the provisions of this Part that includes
(a) the number of orders granted under section 530 directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada;
(b) the number of trials held in French outside the provinces of Quebec and New Brunswick; and
(c) the number of trials held in English within the province of Quebec.".
After debate, the question being put on the motion in amendment, it was adopted, on division.
The Honourable Senator Joyal moved:
That Bill C-13 be amended, on page 9, by adding before line 4 the following:
"21.2 The Act is amended by adding the following after section 533:
533.1 (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends."
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clauses 22 to 45.1 carry.
The Honourable Senator Oliver moved:
That Bill C-13 be amended, on page 20, by adding after line 16 the following:
"45.2 (1) If Bill C-2, introduced in the 2nd session of the 39th Parliament and entitled the Tackling Violent Crime Act (the "other Act"), receives Royal Assent, then subsections (2) to (4) apply.
(2) If subsection 21(3) of the other Act comes into force before section 7 of this Act, that section 7 is replaced by the following:
7. Section 255 of the Act is amended by adding the following after subsection (3.2):
(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(3) If section 7 of this Act comes into force before subsection 21(3) of the other Act, that subsection 21(3) is replaced by the following:
(3) Subsections 255(2) to (3.1) of the Act are replaced by the following:
(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.
(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.
(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.
(3.3) For greater certainty, every one who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(4) If subsection 21(3) of the other Act comes into force on the same day as section 7 of this Act, then that section 21(3) is deemed to have come into force before that section 7 and subsection (2) applies as a consequence."
Debate arose thereon.
At 12:45 p.m., the committee suspended.
At 12:54 p.m., the committee resumed.
After debate, the Honourable Senator Di Nino moved:
That the motion in amendment be amended by deleting subclause 45.2(3) and renumbering accordingly.
The question being put on the subamendment, it was adopted, on division.
Resuming debate on the motion in amendment of Senator Oliver, as amended, that Bill C-13 be amended on page 20 by adding after line 16 the following:
"45.2 (1) If Bill C-2, introduced in the 2nd session of the 39th Parliament and entitled the Tackling Violent Crime Act (the "other Act"), receives Royal Assent, then subsections (2) to (4) apply.
(2) If subsection 21(3) of the other Act comes into force before section 7 of this Act, that section 7 is replaced by the following:
7. Section 255 of the Act is amended by adding the following after subsection (3.2):
(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(3) If subsection 21(3) of the other Act comes into force on the same day as section 7 of this Act, then that section 21(3) is deemed to have come into force before that section 7 and subsection (2) applies as a consequence."
After debate, the question being put on the motion in amendment, as amended, it was adopted on the following division:
Yeas: Senators Andreychuk, Chaput, Di Nino, Milne and Oliver (5).
Nays: Senators Baker, Bryden, Jaffer and Joyal (4).
Abstentions: Senators Fraser and Watt (2).
The chair asked if clause 46 shall carry.
The Honourable Senator Joyal moved:
That Bill C-13 be amended in clause 46, on page 20, by replacing line 17 with the following:
"46. Sections 7, 8, 18 to 21.2, 29, 35, 37 to 40,".
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 46, as amended, carry.
It was agreed that the title carry.
It was agreed, on division, that the bill be adopted as amended.
It was agreed, pursuant to rule 92(2)(f), that the committee proceed in camera to consider appending observations to the report.
At 12:59 p.m., the committee suspended its sitting.
At 1 p.m., the committee resumed its sitting in camera.
At 1:20 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee