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39th PARLIAMENT, 1st SESSION

Journals No. 143 Monday, April 30, 2007 11:00 a.m.

Prayers

Private Members' Business

At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Ms. Bell (Vancouver Island North), seconded by Mr. Dewar (Ottawa Centre), — That a special committee of the House be created to continue the work on electoral reform as outlined in the 43rd Report of the Standing Committee on Procedure and House Affairs from the 38th Parliament and to make further recommendations on strengthening and modernizing the democratic and electoral systems; that the membership of the special committee be established by the Standing Committee on Procedure and House Affairs and the membership report of the special committee be presented to the House within five sitting days after the adoption of this motion; that substitutions to the membership of the special committee be allowed, if required, in the manner provided by Standing Order 114(2); that the special committee have all of the powers granted to standing committees by Standing Order 108; that there be a maximum length for speeches by members of the special committee of 10 minutes on any single item; that the special committee be authorized to hold hearings across Canada; that the special committee be allowed to look into creating a citizens’ consultation group and issue an interim report to the House on this matter within six weeks of the special committee being struck; and that the special committee table its final report in the House of Commons no later than March 1, 2008. (Private Members' Business M-262)

The debate continued.

The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, May 2, 2007, immediately before the time provided for Private Members' Business.

Government Orders

The Order was read for the second reading and reference to the Standing Committee on Justice and Human Rights of Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption.

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice), seconded by Mr. Bernier (Minister of Industry), moved, — That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption, be deemed to have been read a second time and referred to a Committee of the Whole, deemed considered in Committee of the Whole, deemed reported without amendment, deemed concurred in at the report stage and deemed read a third time and passed.

Government Orders

The Order was read for the consideration at report stage of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 1 to 20.

Group No. 1

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 1, — That Bill C-10 be amended by restoring the long title as follows:

“An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 2, — That Bill C-10 be amended by restoring the Preamble as follows:

“WHEREAS Canadians are entitled to live their lives in peace, freedom and security;

WHEREAS acts of violence involving the use of firearms, including ones by street gangs, are increasingly threatening the safety of Canadians in their communities;

WHEREAS the Parliament of Canada is committed to taking measures to protect Canadians from this threat while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;

AND WHEREAS these measures include legislation to impose higher minimum penalties on those who commit serious or repeat offences involving firearms;”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 3, — That Bill C-10 be amended by restoring Clause 1 as follows:

“1. Section 84 of the Criminal Code is amended by adding the following after subsection (4):

(5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

(b) an offence under section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

(6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 4, — That Bill C-10 be amended by restoring Clause 2 as follows:

“2. (1) Paragraph 85(1)(a) of the Act is replaced by the following:

(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

(2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following:

(b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 5, — That Bill C-10 be amended by restoring Clause 7 as follows:

“7. (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

(2) Paragraph 95(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 and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and

(ii) in the case of a second or subsequent offence, five years; or”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 6, — That Bill C-10 be amended by restoring Clause 10 as follows:

“10. Subsection 99(2) of the Act is replaced by the following:

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 7, — That Bill C-10 be amended by restoring Clause 11 as follows:

“11. Subsection 100(2) of the Act is replaced by the following:

(2) Every person who commits an offence under subsection (1) by possessing a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 8, — That Bill C-10 be amended by restoring Clause 13 as follows:

“13. Subsection 103(2) of the Act is replaced by the following:

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 9, — That Bill C-10 be amended by restoring Clause 17 as follows:

“17. Section 239 of the Act is replaced by the following:

239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 10, — That Bill C-10 be amended by restoring Clause 18 as follows:

“18. Section 244 of the Act is replaced by the following:

244. (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years; and

(b) in any other case, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years.

(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2); or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 11, — That Bill C-10, be amended by restoring Clause 19 as follows:

“19. (1) Paragraph 272(2)(a) of the Act is replaced by the following:

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 272 of the Act is amended by adding the following after subsection (2):

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 12, — That Bill C-10 be amended by restoring Clause 20 as follows:

“20. (1) Paragraph 273(2)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 273 of the Act is amended by adding the following after subsection (2):

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 13, — That Bill C-10 be amended by restoring Clause 21 as follows:

“21. (1) Paragraph 279(1.1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 279 of the Act is amended by adding the following after subsection (1.1):

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under subsection (1);

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 14, — That Bill C-10 be amended by restoring Clause 22 as follows:

“22. (1) Subsection 279.1(1) of the Act is replaced by the following:

279.1 (1) Every one takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

(a) confines, imprisons, forcibly seizes or detains that person; and

(b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

(2) Paragraph 279.1(2)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) Section 279.1 of the Act is amended by adding the following after subsection (2):

(2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

(2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 15, — That Bill C-10 be amended by restoring Clause 23 as follows:

“23. (1) Section 344 of the Act is renumbered as subsection 344(1).

(2) Paragraph 344(1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) Section 344 of the Act is amended by adding the following after subsection (1):

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence.

Mr. Cannon (Minister of Transport, Infrastructure and Communities) for Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), moved Motion No. 16, — That Bill C-10 be amended by restoring Clause 24 as follows:

“24. (1) Paragraph 346(1.1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 346 of the Act is amended by adding the following after subsection (1.1):

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence.

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 17, — That Bill C-10 be amended by restoring Clause 26 as follows:

“26. Subparagraph (a)(ix) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(ix) section 244 (discharging firearm with intent),”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 18, — That Bill C-10 be amended by restoring Clause 27 as follows:

“27. Subparagraph (a)(xviii) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

(xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 19, — That Bill C-10 be amended by restoring Clause 29 as follows:

“29. Paragraph 1(r) of Schedule I to the Corrections and Conditional Release Act is replaced by the following:

(r) section 244 (discharging firearm with intent);”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved Motion No. 20, — That Bill C-10 be amended by restoring Clause 30 as follows:

“30. (1) If subsection 1(5) of An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, being chapter 25 of the Statutes of Canada, 2005, (in this section, the “other Act”) comes into force before section 26 of this Act, section 26 of this Act is replaced by the following:

26. Subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(v) section 244 (discharging firearm with intent),

(2) If section 26 of this Act comes into force before subsection 1(5) of the other Act, subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 1(5), is replaced by the following:

(v) section 244 (discharging firearm with intent),

(3) If subsection 1(5) of the other Act and section 26 of this Act come into force on the same day, subsection 1(5) of the other Act is deemed to have come into force before section 26 of this Act and subsection (1) applies.”

Debate arose on the motions in Group No. 1.

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 3, — That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion:

“(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 4, — That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion:

“(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 9, — That the Motion proposing to restore Clause 17 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion:

“(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 10, — That the Motion proposing to restore Clause 18 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 244(2)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years; and”

(b) by substituting, in the English version, the following for the portion of subsection 244(3) before paragraph (a) contained in that Motion:

“(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 11, — That the Motion proposing to restore Clause 19 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 272(2)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 272(3) before paragraph (a) contained in that Motion:

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 12, — That the Motion proposing to restore Clause 20 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 273(2)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 273(3) before paragraph (a) contained in that Motion:

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 13, — That the Motion proposing to restore Clause 21 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 279(1.1)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 279(1.2) before paragraph (a) contained in that Motion:

“(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 14, — That the Motion proposing to restore Clause 22 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 279.1(2)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 279.1(2.1) before paragraph (a) contained in that Motion:

“(2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 15, — That the Motion proposing to restore Clause 23 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 344(1)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 344(2) before paragraph (a) contained in that Motion:

Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), moved the following amendment to Motion No. 16, — That the Motion proposing to restore Clause 24 of Bill C-10 be amended:

(a) by substituting the following for subparagraphs 346(1.1)(a)(ii) and (iii) contained in that Motion:

“(ii) in the case of a second or subsequent offence, seven years;”

(b) by substituting, in the English version, the following for the portion of subsection 346(1.2) before paragraph (a) contained in that Motion:

The debate continued on the motions in Group No. 1.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— No. 391-1241 concerning the issuing of visas. — Sessional Paper No. 8545-391-49-06;

— Nos. 391-1242, 391-1403 and 391-1404 concerning the income tax system. — Sessional Paper No. 8545-391-6-10;

— Nos. 391-1243, 391-1253, 391-1257, 391-1258, 391-1261 to 391-1264, 391-1267 to 391-1270, 391-1282, 391-1298, 391-1306, 391-1310, 391-1312, 391-1319 and 391-1322 concerning federal programs. — Sessional Paper No. 8545-391-74-05;

— Nos. 391-1246, 391-1274, 391-1295, 391-1307 and 391-1308 concerning a national child care program. — Sessional Paper No. 8545-391-5-13;

— Nos. 391-1249, 391-1250 and 391-1271 concerning the Canada Post Corporation. — Sessional Paper No. 8545-391-29-07;

— No. 391-1251 concerning passports. — Sessional Paper No. 8545-391-94-01;

— Nos. 391-1259, 391-1265, 391-1272 and 391-1314 concerning the Canada Labour Code. — Sessional Paper No. 8545-391-60-06;

— Nos. 391-1260 and 391-1321 concerning the tax system. — Sessional Paper No. 8545-391-87-02;

— No. 391-1277 concerning the Employment Insurance program. — Sessional Paper No. 8545-391-39-04;

— No. 391-1279 concerning caregivers. — Sessional Paper No. 8545-391-95-01;

— Nos. 391-1289 and 391-1324 to 391-1326 concerning immigration. — Sessional Paper No. 8545-391-3-23.

Presenting Reports from Committees

Mr. Breitkreuz (Yorkton—Melville), from the Standing Committee on Public Safety and National Security, presented the Eighth Report of the Committee (Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes), with amendments). — Sessional Paper No. 8510-391-222.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 37 and 39) was tabled.

Mr. Breitkreuz (Yorkton—Melville), from the Standing Committee on Public Safety and National Security, presented the Ninth Report of the Committee (subject matter of Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes)). — Sessional Paper No. 8510-391-223.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 39 and 40) was tabled.

Mr. Keddy (South Shore—St. Margaret's), from the Standing Committee on Fisheries and Oceans, presented the Fourth Report of the Committee, “Ensuring a Sustainable and Humane Seal Harvest”. — Sessional Paper No. 8510-391-224.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 7 to 9, 13, 20, 22, 24, 26, 29, 33, 35 to 39, 41 to 43 and 46 to 49) was tabled.

Mr. Tweed (Brandon—Souris), from the Standing Committee on Transport, Infrastructure and Communities, presented the Fourth Report of the Committee (speed limit for trains in Montmagny). — Sessional Paper No. 8510-391-225.

A copy of the relevant Minutes of Proceedings (Meeting No. 46) was tabled.

laid upon the Table, — Report of the Centennial Flame Research Award for the year 2006, pursuant to the Centennial Flame Research Award Act, S.C. 1991, c. 17, sbs. 7(1). — Sessional Paper No. 8560-391-326-01. (16th report of the Committee)

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Stoffer (Sackville—Eastern Shore), seconded by Ms. Bell (Vancouver Island North), Bill C-434, An Act to amend the Income tax Act (in-home care of relatives), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Stoffer (Sackville—Eastern Shore), seconded by Ms. Bell (Vancouver Island North), Bill C-435, An Act to amend the Excise Tax Act (no GST on the sale of home heating fuels), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Stoffer (Sackville—Eastern Shore), seconded by Ms. Bell (Vancouver Island North), Bill C-436, An Act to amend the Excise Tax Act (no GST on funeral arrangements), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was ordered, — That, in relation to its study on the role of a public broadcaster in the 21st century, six members of the Standing Committee on Canadian Heritage be authorized to travel to St. John's, Newfoundland and Labrador and Montréal, Quebec from May 23 to 25, 2007, and that the necessary staff do accompany the Committee.

Ms. Ratansi (Don Valley East), seconded by Mr. Szabo (Mississauga South), moved, — That the 16th Report of the Standing Committee on Status of Women, presented on Wednesday, April 18, 2007, be concurred in. (Concurrence in Committee Reports No. 32)

Debate arose thereon.

At 6:15 p.m., pursuant to Standing Order 66(2), the Speaker interrupted the proceedings.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, May 1, 2007, at the expiry of the time provided for Government Orders.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by , one concerning immigration (No. 391-1436);

— by , one concerning the issuing of visas (No. 391-1437);

— by , one concerning poverty (No. 391-1438).

Questions on the Order Paper

Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform) presented the answer to question Q-110 on the Order Paper.

Government Orders

The House resumed consideration at report stage of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 20).

The debate continued on the motions in Group No. 1.

Deferred Recorded Divisions

Business of Supply

Pursuant to Order made Thursday, April 26, 2007, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Layton (Toronto—Danforth), seconded by Ms. Black (New Westminster—Coquitlam), — Whereas,
(1) all Members of this House, whatever their disagreements about the mission in Afghanistan, support the courageous men and women of the Canadian Forces;
(2) the government has admitted that the situation in Afghanistan can not be won militarily;
(3) the current counter-insurgency mission is not the right mission for Canada;
(4) the government has neither defined what ‘victory’ would be, nor developed an exit strategy from this counter-insurgency mission;
therefore this House condemns this government and calls for it to immediately notify NATO of our intention to begin withdrawing Canadian Forces now in a safe and secure manner from the counter-insurgency mission in Afghanistan; and calls for Canada to focus its efforts to assist the people of Afghanistan on a diplomatic solution, and re-double its commitment to reconstruction and development.
The question was put on the motion and it was negatived on the following division:
(Division No. 166 -- Vote n^o 166)
YEAS: 28, NAYS: 225
YEAS -- POUR Angus Atamanenko Bell (Vancouver Island North) Bevington Black Blaikie Charlton Chow Christopherson Comartin Crowder Cullen (Skeena—Bulkley Valley) Davies Dewar Godin Julian Layton Martin (Winnipeg Centre) Martin (Sault Ste. Marie) Masse Mathyssen McDonough Nash Priddy Savoie Siksay Stoffer Wasylycia-Leis Total: -- 28
NAYS -- CONTRE Abbott Ablonczy Albrecht Alghabra Allison Ambrose Anders Anderson André Arthur Asselin Bachand Bagnell Bains Barbot Batters Beaumier Bélanger Bell (North Vancouver) Bellavance Bennett Benoit Bernier Bezan Bigras Blackburn Blais Blaney Bouchard Boucher Bourgeois Breitkreuz Brison Brown (Oakville) Brown (Leeds—Grenville) Brown (Barrie) Bruinooge Brunelle Byrne Cannan (Kelowna—Lake Country) Cannis Cannon (Pontiac) Cardin Carrie Carrier Casey Chong Clement Coderre Cotler Crête Cullen (Etobicoke North) Cuzner Davidson Day Del Mastro Demers Deschamps Devolin Dhaliwal Dosanjh Doyle Dryden Duceppe Dykstra Easter Emerson Epp Eyking Faille Fast Finley Fitzpatrick Flaherty Fletcher Freeman Gagnon Galipeau Gallant Gaudet Gauthier Godfrey Goldring Goodale Goodyear Graham Gravel Grewal Guarnieri Guay Guergis Guimond Hanger Harris Harvey Hawn Hearn Hiebert Hill Hinton Hubbard Ignatieff Jaffer Jean Jennings Kadis Kamp (Pitt Meadows—Maple Ridge—Mission) Karetak-Lindell Karygiannis Keddy (South Shore—St. Margaret's) Keeper Kenney (Calgary Southeast) Khan Komarnicki Kotto Kramp (Prince Edward—Hastings) Laforest Laframboise Lake Lalonde Lauzon Lavallée LeBlanc Lee Lemay Lemieux Lessard Lévesque Lukiwski Lunn Lunney Lussier MacKenzie Malo Maloney Marleau Mayes McCallum McGuinty McGuire McKay (Scarborough—Guildwood) Ménard (Hochelaga) Ménard (Marc-Aurèle-Fortin) Merasty Merrifield Miller Mills Moore (Port Moody—Westwood—Port Coquitlam) Moore (Fundy Royal) Murphy (Moncton—Riverview—Dieppe) Murphy (Charlottetown) Nadeau Nicholson Norlock O'Connor Oda Owen Pallister Paquette Paradis Patry Pearson Perron Petit Picard Plamondon Poilievre Prentice Preston Proulx Rajotte Ratansi Redman Regan Reid Ritz Robillard Rodriguez Roy Scarpaleggia Scheer Schellenberger Sgro Shipley Skelton Smith Solberg Sorenson St-Cyr St-Hilaire St. Denis Stanton Steckle Storseth Strahl Sweet Szabo Telegdi Temelkovski Thibault (Rimouski-Neigette—Témiscouata—Les Basques) Thibault (West Nova) Thompson (New Brunswick Southwest) Thompson (Wild Rose) Tilson Toews Turner Tweed Valley Van Kesteren Van Loan Vellacott Verner Vincent Volpe Wallace Wappel Warawa Warkentin Watson Wilfert Williams Wilson Wrzesnewskyj Yelich Zed Total: -- 225
PAIRED -- PAIRÉS Baird Bonsant Casson DeBellefeuille Gourde Ouellet

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

— by , two concerning federal programs (Nos. 391-1439 and 391-1440).

Adjournment Proceedings

At 7:04 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 7:22 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).