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Monday, May 7, 2007 (No. 148)

Report Stage of Bills

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

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.

Statement and selection by Speaker — see Debates of April 30, 2007.

Deferred Recorded Divisions

Group No. 1

Motion No. 1 — Question put separately. Its vote also applies to Motion Nos. 2, 17, 18, 19 and 20.

Amendment to Motion No. 3 — Question put separately.

Motion No. 3 — Question put separately.

Amendment to Motion No. 4 — Question put separately.

Motion No. 4 — Question put separately. Its vote also applies to Motions Nos. 5, 6, 7 and 8.

Amendment to Motion No. 9 — Question put separately. Its vote also applies to amendments to Motions Nos. 10, 11, 12, 13, 14, 15 and 16.

Motion No. 9 — Question put separately. Its vote also applies to Motions Nos. 10, 11, 12, 13, 14, 15 and 16.

Motion No. 1 — May 3, 2007 — Deferred recorded division on the motion of , seconded by , — 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”

Motion No. 2 — May 3, 2007 — , seconded by , — 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;”

Motion No. 3 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 3 — May 3, 2007 — Deferred recorded division on the amendment of , seconded by , — 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:”.

Motion No. 4 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 4 — May 3, 2007 — Deferred recorded division on the amendment of , seconded by , — 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.”.

Motion No. 5 — May 3, 2007 — , seconded by , — 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”

Motion No. 6 — May 3, 2007 — , seconded by , — 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.”

Motion No. 7 — May 3, 2007 — , seconded by , — 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.

Motion No. 8 — May 3, 2007 — , seconded by , — 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.”

Motion No. 9 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 9 — May 3, 2007 — Deferred recorded division on the amendment of , seconded by , — 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:”.

Motion No. 10 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 10 — May 3, 2007 — , seconded by , — 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:”.

Motion No. 11 — May 3, 2007 — , seconded by , — 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.

Amendment to Motion No. 11 — May 3, 2007 — , seconded by , — 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:

Motion No. 12 — May 3, 2007 — , seconded by , — 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.

Amendment to Motion No. 12 — May 3, 2007 — , seconded by , — 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:

Motion No. 13 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 13 — May 3, 2007 — , seconded by , — 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:”.

Motion No. 14 — May 3, 2007 — , seconded by , — 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.”

Amendment to Motion No. 14 — May 3, 2007 — , seconded by , — 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:”.

Motion No. 15 — May 3, 2007 — , seconded by , — 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.

Amendment to Motion No. 15 — May 3, 2007 — , seconded by , — 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:

Motion No. 16 — May 3, 2007 — , seconded by , — 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.

Amendment to Motion No. 16 — May 3, 2007 — , seconded by , — 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:

Motion No. 17 — May 3, 2007 — , seconded by , — 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),”

Motion No. 18 — May 3, 2007 — , seconded by , — 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),”

Motion No. 19 — May 3, 2007 — , seconded by , — 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);”

Motion No. 20 — May 3, 2007 — , seconded by , — 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.”