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LCJC - Standing Committee

Legal and Constitutional Affairs


THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

MINUTES OF PROCEEDINGS


OTTAWA, Wednesday, May 6, 2026
(38)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 3:02 p.m., in room C128, Senate of Canada Building, the chair, the Honourable David M. Arnot, presiding.

Members of the committee present: The Honourable Senators Arnot, Batters, Clement, Dalphond, Dhillon, Housakos, Miville-Dechêne, Moncion, Moreau, P.C., Oudar, Pate, Prosper, Simons, Tannas and Wells (Alberta) (15).

Other senators present: The Honourable Senator LaBoucane-Benson (1).

Participating in the meeting: Dana Phillips and Michaela Keenan-Pelletier, Analysts, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on Thursday, March 12, 2026, the committee continued its consideration of Bill C-14, An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing).

WITNESSES:

Department of Justice Canada:

Owen Ripley, Senior Assistant Deputy Minister, Policy Sector;

Joanna Wells, Acting Senior Counsel and Team Lead, Criminal Law Policy Section;

Myriam Wills, Counsel, Criminal Law Policy Section;

Samantha Reynolds, Legal Counsel, Youth Criminal Justice Division, Family Law and Youth Justice Section;

Lise-Anne Wheeler, Counsel, Youth Criminal Justice Division, Family Law and Youth Justice Section.

Owen Ripley, Joanna Wells, Myriam Wills, Samantha Reynolds and Lise-Anne Wheeler answered questions from time to time.

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-14.

It was agreed that the title stand postponed.

It was agreed that clause 1, which contains the short title, stand postponed.

It was agreed, with leave, that the remaining clauses be considered in groups of 10.

It was agreed that clauses 2 to 8 carry, on division.

The chair asked whether clause 9 shall carry.

After debate, the question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Batters, Dalphond, Dhillon, Housakos, Miville-Dechêne, Moreau, Oudar, Tannas, Wells — [9]

NAYS

The Honourable Senators

Arnot, Clement, Pate, Prosper, Simons — [5]

ABSTENTIONS

Nil

The chair asked whether clause 10 shall carry.

The Honourable Senator Simons moved that Bill C-14 be amended, in clause 10, on page 4, by replacing line 3 with the following:

“section 322 or 343, it shall consider as an aggravating”.

After debate, the question being put on the motion in amendment, it was negatived.

After debate, it was agreed that clause 10 carry, on division.

The chair asked whether clause 11 shall carry.

After debate, the question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Arnot, Batters, Dalphond, Dhillon, Housakos, Miville-Dechêne, Moreau, Oudar, Tannas, Wells — [10]

NAYS

The Honourable Senators

Clement, Pate, Prosper, Simons — [4]

ABSTENTIONS

Nil

After debate, it was agreed that clauses 12 to 20.1 carry, on division.

It was agreed that clause 21 carry, on division.

It was agreed that clause 22 carry, on division.

The chair asked whether clause 23 shall carry.

The Honourable Senator Prosper moved that Bill C-14 be amended, in clause 23, on page 8, by replacing line 8 with the following:

“day on which the release order is made unless the judge, justice or court is satisfied that no other suitable surety is available and that doing so is in the interests of justice.

(2.12) If a judge, justice or court names a person described in subsection (2.11) as a surety, the judge, justice or court shall include in the record a statement of the reasons for doing so.”.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Arnot, Clement, Oudar, Pate, Prosper, Simons, Wells — [7]

NAYS

The Honourable Senators

Batters, Dalphond, Dhillon, Housakos, Moreau — [5]

ABSTENTIONS

The Honourable Senators

Miville-Dechêne, Tannas — [2]

The Honourable Senator Pate moved that Bill C-14 be amended, in clause 23,

(a) on page 10,

(i) by replacing lines 21 and 22 with the following:

striking out “or” at the end of subparagraph (vii), by adding “or” at the end of subparagraph (viii) and by adding the following after subparagraph”,

(ii) by replacing lines 27 to 41 with the following:

“strangled the complainant;”;

(b) on page 11, by deleting lines 1 to 14.

After debate, the question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Arnot, Clement, Pate, Prosper, Simons — [5]

NAYS

The Honourable Senators

Batters, Dalphond, Dhillon, Housakos, Miville-Dechêne, Moreau, Oudar, Tannas, Wells — [9]

ABSTENTIONS

Nil

The Honourable Senator Clement moved that Bill C-14 be amended, in clause 23, on page 11, by adding the following after line 22:

(12) Section 515 of the Act is amended by adding the following after subsection (13.1):

(13.2) If the issue of the application of section 493.2 to the accused is not raised by the accused or any other party, the justice shall inquire on the record of proceedings whether that section applies to the accused.”.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Arnot, Clement, Miville-Dechêne, Pate, Prosper, Simons, Wells — [7]

NAYS

The Honourable Senators

Batters, Dalphond, Dhillon, Housakos, Moreau, Tannas — [6]

ABSTENTIONS

The Honourable Senators

Oudar — [1]

It was agreed that clause 23, as amended, carry, on division.

It was agreed that clauses 24 to 30 carry, on division.

It was agreed that clauses 31 to 40 carry, on division.

It was agreed that clauses 41 to 42 carry, on division.

The chair asked whether clause 43 shall carry.

The Honourable Senator Simons moved that Bill C-14 be amended, in clause 43, on page 23, by replacing lines 29 to 32 with the following:

(c.2) the offence is not a primary offence, as defined in subsection 490.011(1), that is prosecuted by way of indictment and that involves a victim under the age of 18 years.”.

After debate, the question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Clement, Pate, Prosper, Simons — [4]

NAYS

The Honourable Senators

Arnot, Batters, Dalphond, Dhillon, Housakos, Miville-Dechêne, Moreau, Oudar, Tannas — [9]

ABSTENTIONS

Nil

It was agreed that clause 43 carry, on division.

It was agreed that clauses 44 to 50 carry, on division

It was agreed that clauses 51 to 58 carry, on division.

At 6:23 p.m., the committee adjourned to the call of the chair.

ATTEST:

Vincent Labrosse

Clerk of the Committee

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