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39th PARLIAMENT, 1st SESSION

Journals No. 148 Monday, May 7, 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.

Mr. Thibault (West Nova), seconded by Mr. MacAulay (Cardigan), moved, — That, in the opinion of the House, the government should fully fund the Pearson Peacekeeping Centre to assure that it continue to operate in Nova Scotia. (Private Members' Business M-311)

Debate arose thereon.

Pursuant to Standing Order 93(1), the Order was dropped to the bottom of the order of precedence on the Order Paper.

Government Orders

The House resumed consideration of the motion of Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), seconded by Mr. O'Connor (Minister of National Defence), — That Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

The debate continued.

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:

— Nos. 391-1283 and 391-1297 concerning sentences in the Criminal Code. — Sessional Paper No. 8545-391-76-02;

— No. 391-1284 concerning the Criminal Code of Canada. — Sessional Paper No. 8545-391-11-14;

— No. 391-1309 concerning the sexual exploitation of minors. — Sessional Paper No. 8545-391-10-16;

— No. 391-1311 concerning the Copyright Act. — Sessional Paper No. 8545-391-12-04;

— Nos. 391-1316 to 391-1318 concerning the Canadian Human Rights Act. — Sessional Paper No. 8545-391-24-09;

— Nos. 391-1320 and 391-1418 concerning international trade. — Sessional Paper No. 8545-391-43-02.

Presenting Petitions

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

— by , two concerning Kyoto Protocol (Nos. 391-1475 and 391-1476);

— by , two concerning the income tax system (Nos. 391-1477 and 391-1478);

— by , two concerning the income tax system (Nos. 391-1479 and 391-1480).

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-188 on the Order Paper.

Government Orders

The debate continued.

Deferred Recorded Divisions

Government Orders

Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded divisions 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.

Group No. 1

The House proceeded to the taking of the deferred recorded division on Motion No. 1 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — 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”

The question was put on Motion No. 1 and it was agreed to on the following division:

(Division No. 172 -- Vote n^o 172)

YEAS: 160, NAYS: 102

YEAS -- POUR

Abbott
Ablonczy
Albrecht
Allen
Allison
Ambrose
Anders
Anderson
Angus
Arthur
Atamanenko
Baird
Batters
Bell (Vancouver Island North)
Bell (North Vancouver)
Benoit
Bernier
Bevington
Bezan
Black
Blackburn
Blaikie
Blaney
Boucher
Breitkreuz
Brown (Leeds—Grenville)
Brown (Barrie)
Bruinooge
Calkins
Cannan (Kelowna—Lake Country)
Cannis
Cannon (Pontiac)
Carrie
Casey
Casson
Charlton
Chong
Chow
Christopherson
Clement

Comartin
Crowder
Cullen (Skeena—Bulkley Valley)
Davidson
Davies
Day
Del Mastro
Devolin
Dewar
Dhaliwal
Doyle
Dykstra
Emerson
Epp
Fast
Finley
Fitzpatrick
Flaherty
Fletcher
Galipeau
Gallant
Godin
Goldring
Goodyear
Gourde
Grewal
Guergis
Hanger
Harper
Harris
Harvey
Hawn
Hearn
Hiebert
Hill
Hinton
Jaffer
Jean
Julian
Kamp (Pitt Meadows—Maple Ridge—Mission)

Karygiannis
Keddy (South Shore—St. Margaret's)
Kenney (Calgary Southeast)
Khan
Komarnicki
Kramp (Prince Edward—Hastings)
Lake
Lauzon
Layton
Lemieux
Lukiwski
Lunn
Lunney
MacKay (Central Nova)
MacKenzie
Manning
Mark
Marston
Martin (Esquimalt—Juan de Fuca)
Martin (Winnipeg Centre)
Martin (Sault Ste. Marie)
Masse
Mathyssen
Mayes
McDonough
McTeague
Menzies
Merrifield
Miller
Mills
Moore (Port Moody—Westwood—Port Coquitlam)
Moore (Fundy Royal)
Nash
Nicholson
Norlock
O'Connor
Obhrai
Oda
Pallister
Paradis

Petit
Poilievre
Prentice
Preston
Priddy
Rajotte
Reid
Richardson
Ritz
Savoie
Scheer
Schellenberger
Shipley
Siksay
Skelton
Smith
Solberg
Sorenson
Stanton
Stoffer
Storseth
Strahl
Sweet
Thompson (New Brunswick Southwest)
Thompson (Wild Rose)
Tilson
Toews
Trost
Tweed
Van Kesteren
Van Loan
Vellacott
Verner
Wallace
Warawa
Warkentin
Wasylycia-Leis
Watson
Wilfert
Yelich

Total: -- 160

NAYS -- CONTRE

Alghabra
André
Bachand
Bagnell
Bains
Barbot
Bélanger
Bennett
Bevilacqua
Bigras
Blais
Bonin
Brison
Brown (Oakville)
Byrne
Carrier
Chamberlain
Coderre
Crête
Cullen (Etobicoke North)
Cuzner
D'Amours
DeBellefeuille
Deschamps
Dhalla
Dion

Dosanjh
Dryden
Duceppe
Easter
Eyking
Faille
Folco
Fry
Gagnon
Gaudet
Gauthier
Godfrey
Goodale
Guimond
Hubbard
Ignatieff
Jennings
Kadis
Keeper
Kotto
Laforest
Lalonde
Lavallée
LeBlanc
Lee
Lemay

Lessard
MacAulay
Malhi
Malo
Maloney
Marleau
Matthews
McCallum
McGuinty
McGuire
McKay (Scarborough—Guildwood)
Ménard (Hochelaga)
Ménard (Marc-Aurèle-Fortin)
Merasty
Minna
Murphy (Moncton—Riverview—Dieppe)
Neville
Ouellet
Owen
Pacetti
Paquette
Pearson
Proulx
Ratansi
Redman
Regan

Robillard
Rota
Roy
Savage
Scarpaleggia
Scott
Silva
Simard
Simms
St-Hilaire
St. Amand
St. Denis
Steckle
Szabo
Telegdi
Temelkovski
Thibault (Rimouski-Neigette—Témiscouata—Les Basques)
Thibault (West Nova)
Tonks
Turner
Valley
Vincent
Wilson
Zed

Total: -- 102

PAIRED -- PAIRÉS

Cummins

Lévesque

Plamondon

Williams

Accordingly, Motions Nos. 2 and 17 to 20 were also agreed to on the same division.

The House proceeded to the taking of the deferred recorded division on the amendment to Motion No. 3 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — 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:”.
The question was put on the amendment to Motion No. 3 and it was agreed to on the following division:
(Division No. 173 -- Vote n^o 173)
YEAS: 160, NAYS: 102 (See list under Division No. 172)

The House proceeded to the putting of the question on Motion No. 3, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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), 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:

(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.”

The question was put on Motion No. 3, as amended, and it was agreed to on the following division:

(Division No. 174 -- Vote n^o 174)

YEAS: 160, NAYS: 102
(See list under Division No. 172)

The House proceeded to the taking of the deferred recorded division on the amendment to Motion No. 4 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — 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.”.
The question was put on the amendment to Motion No. 4 and it was agreed to on the following division:
(Division No. 175 -- Vote n^o 175)
YEAS: 160, NAYS: 102 (See list under Division No. 172)

The House proceeded to the putting of the question on Motion No. 4, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 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.”.

The question was put on Motion No. 4, as amended, and it was agreed to on the following division:

(Division No. 176 -- Vote n^o 176)

YEAS: 160, NAYS: 102
(See list under Division No. 172)

Accordingly, Motions Nos. 5 to 8 were also agreed to on the same division.

The House proceeded to the taking of the deferred recorded division on the amendment to Motion No. 9 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — 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:”.
The question was put on the amendment to Motion No. 9 and it was agreed to on the following division:
(Division No. 177 -- Vote n^o 177)
YEAS: 160, NAYS: 102 (See list under Division No. 172)

Accordingly, amendments to Motions Nos. 10 to 16 were also agreed to on the same division.

The House proceeded to the putting of the question on Motion No. 9, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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 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.”

The question was put on Motion No. 9, as amended, and it was agreed to on the following division:

(Division No. 178 -- Vote n^o 178)

YEAS: 160, NAYS: 102
(See list under Division No. 172)

Accordingly, Motion Nos. 10 to 16, as amended, were also agreed to on the same division:

Motion No. 10, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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 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.”;

Motion No. 11, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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.

Motion No. 12, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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.

Motion No. 13, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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 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.”;

Motion No. 14, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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 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.”;

Motion No. 15, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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.

Motion No. 16, as amended, of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — 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 or subsequent offence, seven 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. Nicholson (Minister of Justice), seconded by Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), moved, — That the Bill, as amended, be concurred in at report stage with further amendments.

The question was put on the motion and it was agreed to on the following division:
(Division No. 179 -- Vote n^o 179)
YEAS: 160, NAYS: 102 (See list under Division No. 172)
Accordingly, the Bill, as amended, was concurred in at report stage with further amendments and ordered for a third reading at the next sitting of the House.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

— by — Report on the administration of the Canada Petroleum Resources Act for the year 2006, pursuant to the Canada Petroleum Resources Act, R.S. 1985, c. 36 (2nd Supp.), s. 109. — Sessional Paper No. 8560-391-455-04. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Natural Resources)

Adjournment Proceedings

At 7:06 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 7:23 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).