Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 21 - Minutes of Proceedings
OTTAWA, Wednesday, June 11, 2008
(45)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:10 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., Carstairs, P.C., Cochrane, Cowan, Fraser, Joyal, P.C., Merchant, Milne, Oliver and Stratton (11).
In attendance: Laura Barnett and Robin MacKay, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 13, 2008, the committee continued its consideration of Bill C-31, An Act to amend the Judges Act. (For complete text of the order of reference, see proceedings of the committee, Issue No. 19.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-31.
It was agreed that the title stand postponed.
It was agreed, on division, that clause 1 carry.
It was agreed that the title carry.
It was agreed, on division, that the bill be adopted without amendment.
It was agreed, on division, that the chair report the bill to the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 13, 2008, the committee continued its consideration of Bill S-209, An Act to amend the Criminal Code (protection of children). (For complete text of the order of reference, see proceedings of the committee, Issue No. 18.)
The chair asked if the committee was prepared to proceed with clause-by-clause consideration of Bill S-209.
The Honourable Senator Andreychuk moved:
That clause-by-clause voting be deferred for 6 months and that the committee request the Department of Justice to conduct an analysis of the defences available to parents and teachers should Section 43 of the Criminal Code be removed from the Criminal Code and that the committee call witnesses from the Aboriginal community and youth groups to seek their opinions on the impact of the deletion of Section 43 of the Criminal Code.
After debate, the question being put on the motion, it was negatived.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-209.
It was agreed that the title stand postponed.
The chair asked if clause 1 shall carry.
The Honourable Senator Milne moved:
That Bill S-209 be amended in clause 1, on page 1, by replacing line 5 with the following:
``pealed and replaced by the following:
43. (1) Every schoolteacher, parent or person standing in the place of a parent is justified in using reasonable force toward a child who is under their care if the force is used only for the purpose of
(a) preventing or minimizing harm to the child or another person;
(b) preventing the child from engaging or continuing to engage in conduct that is of a criminal nature; or
(c) preventing the child from engaging or continuing to engage in excessively offensive or disruptive behaviour.
(2) In subsection (1), ``reasonable force'' means an application of force that is transitory and minimal in the circumstances.''.
After debate, and with leave, the Honourable Senator Andreychuk moved:
That Bill S-209 be amended in clause 1, on page 1, by replacing line 5 with the following:
``placed by the following:
43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force, other than corporal punishment, by way of correction toward a pupil or child, as the case may be, who is under that person's care, if the force does not exceed what is reasonable under the circumstances.''.
After debate, with leave the Honourable Senator Carstairs moved:
That the motion in amendment of the Honourable Senator Milne be amended by inserting the words ``other than corporal punishment'' following the words ``using reasonable force'' in subsection 43(1).
After debate, the question being put on the subamendment, it was adopted.
Resuming debate on the motion in amendment of the Honourable Senator Milne, as amended:
That Bill S-209 be amended in clause 1, on page 1, by replacing line 5 with the following:
``pealed and replaced by the following:
43. (1) Every schoolteacher, parent or person standing in the place of a parent is justified in using reasonable force other than corporal punishment toward a child who is under their care if the force is used only for the purpose of
(a) preventing or minimizing harm to the child or another person;
(b) preventing the child from engaging or continuing to engage in conduct that is of a criminal nature; or
(c) preventing the child from engaging or continuing to engage in excessively offensive or disruptive behaviour.
(2) In subsection (1), ``reasonable force'' means an application of force that is transitory and minimal in the circumstances.'',
And on the motion in amendment of the Honourable Senator Andreychuk:
That Bill S-209 be amended in clause 1, on page 1, by replacing line 5 with the following:
``placed by the following:
43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force, other than corporal punishment, by way of correction toward a pupil or child, as the case may be, who is under that person's care, if the force does not exceed what is reasonable under the circumstances.''.
After debate, the question being put on the motion in amendment of the Honourable Senator Milne as amended, it was adopted, with abstentions.
Whereupon the chair informed the committee that the motion of the Honourable Senator Andreychuk would not be proceeded with, as it had been superseded by the adoption of the motion of the Honourable Senator Milne.
It was agreed that clause 1, as amended, carry, with abstentions.
The chair asked if clause 2 shall carry.
After debate, it was agreed, on division, that clause 2 carry.
It was agreed that the title carry.
It was agreed, on division, that the bill be adopted, as amended.
It was agreed that the chair report the bill, as amended, to the Senate.
At 5:20 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, June 12, 2008
(46)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:48 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., Di Nino, Fraser, Joyal, P.C., Milne, Oliver, Peterson and Stratton (9).
Other senator present: The Honourable Senator Tkachuk (1).
In attendance: Laura Barnett, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, April 9, 2008, the committee continued its consideration of Bill S-225, An Act to amend the State Immunity Act and the Criminal Code (deterring terrorism by providing a civil right of action against perpetrators and sponsors of terrorism). (For complete text of the order of reference, see proceedings of the committee, Issue No. 20.)
WITNESSES:
As individuals:
The Honourable Bob Rae, P.C., M.P., Former Independent Advisor to the Minister of Public Safety and Emergency Preparedness on outstanding questions with respect to the bombing of Air India Flight 182;
Ed Morgan, Professor, Faculty of Law, University of Toronto.
Mr. Rae made an opening statement and answered questions.
At 11:56 a.m., the committee suspended.
At 11:58 a.m., the committee resumed.
Mr. Morgan made an opening statement and answered questions.
At 1:03 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Wednesday, June 18, 2008
(47)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:05 p.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Campbell, Di Nino, Fraser, Joyal, P.C., Milne, Oliver and Watt (8).
Other senator present: The Honourable Senator Tkachuk (1).
In attendance: Jennifer Bird, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, April 9, 2008, the committee continued its consideration of Bill S-225, An Act to amend the State Immunity Act and the Criminal Code (deterring terrorism by providing a civil right of action against perpetrators and sponsors of terrorism). (For complete text of the order of reference, see proceedings of the committee, Issue No. 20.)
WITNESSES:
As individuals:
Victor D. Comras, Special Counsel, Eren Law Firm;
Maureen Basnicki;
Sherri Wise.
Air India Victims Families Association:
Bal Gupta.
Mr. Comras made an opening statement and answered questions.
At 5:17 p.m., the committee suspended.
At 5:21 p.m., the committee resumed.
Ms. Wise, Mr. Gupta and Ms. Basnicki each made opening statements and, together, answered questions.
At 6:01 p.m., the committee suspended.
At 6:03 p.m., the committee resumed.
The committee considered future business.
It was agreed that the chair seek an order of reference from the Senate to examine and report on the provisions and operation of An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another act (S.C. 2008, c. 29).
At 6:10 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee