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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 103
Thursday, May 2, 2024, 8:16 a.m. to 10:14 a.m.
Webcast
Presiding
Lena Metlege Diab, Chair (Liberal)

House of Commons
• Dancella Boyi, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Dana Phillips, Analyst
Department of Justice
• Matthias Villetorte, Senior Counsel, Criminal Law Policy Section
• Isabelle Desharnais, Counsel, Criminal Law Policy Section
Pursuant to the order of reference of Wednesday, February 14, 2024, the committee resumed consideration of Bill C-273, An Act to amend the Criminal Code (Corinne’s Quest and the protection of children).

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 1 of the Bill.

The committee resumed consideration of the amendment of Rob Moore, — That Bill C-273, in Clause 1, be amended by replacing line 4 on page 1 with the following:

“1 Section 43 of the Criminal Code is replaced by the following:

43 (1) A parent or person standing in the place of a parent is justified in using force by way of correction towards a child who is under their care if the force does not exceed what is reasonable under the circumstances.

(2) For the purposes of subsection (1), force is used by way of correction only if

(a) it addresses specific behaviour of the child;

(b) its purpose is to educate, correct or restrain a child;

(c) it is not of a punitive nature;

(d) it is used towards a child who is between the ages of two and 12; and

(e) the child is capable of learning from the use of force.

(3) For the purposes of subsection (1) and (4), force is reasonable under the circumstances only if

(a) it is minor and transitory in nature;

(b) objects, including rulers and belts, are not used;

(c) it is not applied to the child’s head;

(d) it does not cause bodily or psychological harm to the child or a reasonable apprehension of such harm; and

(e) it does not relate to the gravity of the child’s conduct.

(4) A schoolteacher is justified in using force towards a child under their care only when the purpose is to remove the child from a classroom or secure compliance with instructions and the force does not exceed what is reasonable under the circumstances.”

After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:

YEAS: Rhéal Éloi Fortin, Marilyn Gladu, Jamil Jivani, Rob Moore, Tako Van Popta — 5;

NAYS: Élisabeth Brière, Anju Dhillon, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 6.

Clause 1 carried on the following recorded division:

YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7;

NAYS: Marilyn Gladu, Jamil Jivani, Rob Moore, Tako Van Popta — 4.

On new Clause 2,

James Maloney moved, — That Bill C-273 be amended by adding after line 4 on page 1 the following:

“Coming into Force

2 This Act comes into force on the 30th day after the day on which it receives royal assent.”

After debate, the question was put on the amendment of James Maloney and it was agreed to on the following recorded division:

YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7;

NAYS: Marilyn Gladu, Jamil Jivani, Rob Moore, Tako Van Popta — 4.

The Title carried on the following recorded division:

YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7;

NAYS: Marilyn Gladu, Jamil Jivani, Rob Moore, Tako Van Popta — 4.

The Bill, as amended, was adopted on the following recorded division:

YEAS: Élisabeth Brière, Anju Dhillon, Rhéal Éloi Fortin, Randall Garrison, Anthony Housefather, James Maloney, Marco Mendicino — 7;

NAYS: Marilyn Gladu, Jamil Jivani, Rob Moore, Tako Van Popta — 4.

ORDERED, — That the Chair report the Bill, as amended, to the House on division.

ORDERED, — That Bill C-273, as amended, be reprinted for the use of the House of Commons at report stage, on division.

At 9:51 a.m., the sitting was suspended.

At 9:58 a.m., the sitting resumed in camera.

The committee proceeded to the consideration of matters related to committee business.

It was agreed, — That, notwithstanding the motion adopted by the committee on Thursday, March 21, 2024, about the studies on antisemitism and islamophobia, the number of meetings be three for each study instead of two.

It was agreed, — That the deadline to receive briefs on the studies on antisemitism and islamophobia be Monday, May 27, 2024.

It was agreed, — That, briefs received by the committee on the studies on antisemitism and islamophobia be no longer than three pages.

It was agreed, —

That, the committee meetings on the study on antisemitism be organized by themes as follows:

  • Thursday, May 9, 2024: Students
  • Thursday, May 23, 2024: Community Groups and Police Services
  • Monday, May 27, 2024: Universities

It was agreed, — That the committee do not sit on Monday, May 6, 2024.

At 10:14 a.m., the committee adjourned to the call of the Chair.



Jean-François Lafleur
Clerk of the committee