JUST Committee Meeting
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Minutes of Proceedings
The committee commenced its clause-by-clause study of the Bill.
The Chair called Clause 1.
After debate, Clause 1 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On Clause 2,
Rob Moore moved, — That Bill C-5, in Clause 2, be amended by replacing line 16 on page 1 with the following:“(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; and
(b) in the case of a second or subsequent offence, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of 18 months.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Sameer Zuberi — 7.
After debate, Clause 2 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Sameer Zuberi — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On Clause 3,
Rob Moore moved, — That Bill C-5, in Clause 3, be amended by replacing line 21 on page 1 with the following:“(a) in the case of a first offence, to imprisonment for a term of not more than 10 years;
(b) in the case of a second offence, to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of six months; and
(c) in the case of a third or subsequent offence, to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.”
Debate arose thereon.
Larry Brock moved, — That Clause 3 be allowed to stand.
The question was put on the motion and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 7.
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 7.
Clause 3 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
Clause 4 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Brenda Shanahan, Sameer Zuberi — 11;
NAYS: — 0.
On Clause 5,
Rob Moore moved, — That Bill C-5, in Clause 5, be amended by replacing line 8 on page 2 with the following:“prisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of six months; or”
Debate arose thereon.
Michael Cooper moved, — That the committee do now adjourn.
The question was put on the motion and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 6.
At 5:35 p.m., the sitting was suspended.
At 5:40 p.m., the sitting resumed.
“prisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of six months; or”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 7.
Clause 5 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Brenda Shanahan, Sameer Zuberi — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On Clause 6,
That Bill C-5, in Clause 6, be amended by replacing lines 9 to 14 on page 2 with the following:
“6 Subsections 99(2) and (3) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.”
Debate arose thereon.
At 5:55 p.m., the sitting was suspended.
At 6:00 p.m., the sitting resumed.
“6 Subsections 99(2) and (3) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.”
At 6:06 p.m., the sitting was suspended.
At 6:36 p.m., the sitting resumed.
“6 Subsections 99(2) and (3) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi, Brenda Shanahan — 10.
“years and to a minimum punishment of imprisonment for a term of six months.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7.
Clause 6 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On Clause 7,
That Bill C-5, in Clause 7, be amended by replacing lines 15 to 20 on page 2 with the following:
“7 Subsections 100(2) and (3) of the Act are replaced by the following:
(2) A person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi, Brenda Shanahan — 10.
“years and to a minimum punishment of imprisonment for a term of six months.”
The question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7.
Clause 7 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On new Clause 7.1,
That Bill C-5 be amended by adding after line 20 on page 2 the following new clause:
“7.1 Paragraph 102(2)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
On Clause 8,
That Bill C-5, in Clause 8, be amended by replacing lines 21 to 26 on page 2 with the following:
“8 Subsections 103(2) and (2.1) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.”
The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi, Brenda Shanahan — 10.
“than 10 years and to a minimum punishment of imprisonment for a term of six months.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7.
Clause 8 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
Clause 9 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Brenda Shanahan — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On new Clause 9.1,
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 151(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 152(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Subsection 155(2) of the Act is replaced by the following:
(2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 160(3)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Subsections 163.1(2) to (4.1) of the Act are replaced by the following:
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.
(4.1) Every person who accesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Sections 170 and 171 of the Act are replaced by the following:
170 Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
171 Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 171.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 172.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 172.2(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Paragraphs 173(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 31 on page 2 the following new clause:
“9.1 Subsection 202(2) of the Act is replaced by the following:
(2) Everyone who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for not more than two years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
On Clause 10,
That Bill C-5, in Clause 10, be amended by replacing lines 1 to 4 on page 3 with the following:
“10 Subsections 244(2) to (4) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.”
Debate arose thereon.
At 7:08 p.m., the sitting was suspended.
At 8:00 p.m., the sitting resumed.
“10 Subsections 244(2) to (4) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.”
At 9:32 p.m., the committee adjourned to the call of the Chair.