JUST Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
For an advanced search, use Publication Search tool.
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
Minutes of Proceedings
The committee resumed its clause-by-clause study of the Bill.
“10 Subsections 244(2) to (4) of the Act are replaced by the following:
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11.
“not more than 14 years and, subject to subsection (2.1), to a minimum punishment of imprisonment for a term of four years.
(2) Section 244 of the Act is amended by adding the following after subsection (2):
(2.1) The court may waive the minimum term of imprisonment under paragraph (2)(b) if it considers that exceptional circumstances warrant it.”
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10.
“not more than 14 years and to a minimum punishment of imprisonment for a term of two years.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7.
Clause 10 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 11,
That Bill C-5, in Clause 11, be amended by replacing lines 5 to 8 on page 3 with the following:
“11 Subsection 244.2(3) of the Act is replaced by the following:
(3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11.
“term of not more than 14 years and, subject to subsection (3.1), to a minimum punishment of imprisonment for a term of four years.
(2) Section 244.2 of the Act is amended by adding the following after subsection (3):
(3.1) The court may waive the minimum term of imprisonment under paragraph (3)(b) if it considers that exceptional circumstances warrant it.”
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10.
“term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7.
Clause 11 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On new Clause 11.1,
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Paragraphs 279.011(1)(a) and (b) of the Act are replaced by the following:
(a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
(b) to imprisonment for a term of not more than fourteen years, in any other case.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 279.02(2) of the Act is replaced by the following:
(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 279.03(2) of the Act is replaced by the following:
(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsections 279.1(2) to (2.2) of the Act are replaced by the following:
(2) Every person who takes a person hostage is guilty of an indictable offence and liable to imprisonment for life.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsections 286.1(1) to (4) of the Act are replaced by the following:
286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both.
(2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 286.2(2) of the Act is replaced by the following:
(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 286.3(2) of the Act is replaced by the following:
(2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 320.19(1) of the Act is replaced by the following:
320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Paragraphs 320.2(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Subsection 320.23(2) of the Act is replaced by the following:
(2) If the offender successfully completes the treatment program, the court is not required to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 8 on page 3 the following new clause:
“11.1 Section 333.1 of the Act is replaced by the following:
333.1 Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable
(a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years; or
(b) on summary conviction, to imprisonment for a term of not more than two years less a day.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
On Clause 12,
That Bill C-5, in Clause 12, be amended by replacing line 9 on page 3 with the following:
“12 Section 344 of the Act is replaced by the following:
344 Every person who commits robbery is guilty of an indictable offence and liable to imprisonment for life.”
The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11.
“12 (1) Paragraph 344(1)(a.1) of the Act is replaced by the following:
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and, subject to subsection (1.1), to a minimum punishment of imprisonment for a term of four years; and
(2) Section 344 of the Act is amended by adding the following after subsection (1):
(1.1) The court may waive the minimum term of imprisonment under paragraph (1)(a.1) if it considers that exceptional circumstances warrant it.”
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10.
At 2:08 p.m., the sitting was suspended.
At 2:13 p.m., the sitting resumed.
“12 Paragraph 344(1)(a.1) of the Act is replaced by the following:
(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 three years; and”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7.
Clause 12 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 13,
That Bill C-5, in Clause 13, be amended by replacing line 10 on page 3 with the following:
“13 Subsections 346(1.1) to (1.3) of the Act are replaced by the following:
(1.1) Every person who commits extortion is guilty of an indictable offence and liable to imprisonment for life.”
The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11.
“13 (1) Paragraph 346(1.1)(a.1) of the Act is replaced by the following:
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and, subject to subsection (1.11), 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):
(1.11) The court may waive the minimum term of imprisonment under paragraph (1.1)(a.1) if it considers that exceptional circumstances warrant it.”
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10.
“13 Paragraph 346(1.1)(a.1) of the Act is replaced by the following:
(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 two years; and”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7.
Clause 13 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On new Clause 13.1,
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Subsection 380(1.1) of the Act is repealed.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Paragraph 430(4.11)(a) of the Act is repealed.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Paragraph 445.01(2)(a) of the Act is replaced by the following:
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Section 467.111 of the Act is replaced by the following:
467.111 Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Subparagraphs (a)(xviii) to (xix) of the definition designated offence in subsection 490.011(1) of the Act are replaced by the following:
(xviii) section 273 (aggravated sexual assault),”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Subparagraph 515(10)(c)(iv) of the Act is replaced by the following:
(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
“13.1 The Act is amended by adding the following after section 718.1:
718.11 The court may waive any minimum punishment of imprisonment under this Act if it considers that exceptional circumstances warrant it and that the imposition of a minimum punishment would be unfair.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Rhéal Éloi Fortin appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10;
NAYS: Rhéal Éloi Fortin — 1.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Paragraph 718.2(a) of the Act is amended by adding the following after subparagraph (ii.1):
(ii.2) evidence that the offender, in committing the offence, used a weapon and, if the weapon is a firearm, that it is a prohibited firearm or a restricted firearm,”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“13.1 Paragraph 718.2(e) of the Act is replaced by the following:
(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders and offenders who belong to a vulnerable population that is overrepresented in the criminal justice system and who are disadvantaged with regard to sentencing under this Part.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Larry Brock appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 Subsections 718.3(1) and (2) of the Act are replaced by the following:
718.3 (1) If an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, despite the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence.
(2) If an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is, despite the limitations prescribed in the enactment, including a punishment declared to be a minimum punishment, in the discretion of the court that convicts a person who commits the offence.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“13.1 Section 718.3 of the Act is amended by adding the following after subsection (8):
(9) If an accused is convicted of an offence for which a minimum punishment is prescribed by this Act, the court may impose a lesser punishment if the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender that justify its doing so.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
That Bill C-5 be amended by adding after line 10 on page 3 the following new clause:
“13.1 The Act is amended by adding the following after section 718.3:
718.4 (1) If a court is required to make a prohibition order under a provision of this Act, it may decide not to make that order, add conditions or vary any of the conditions set out in that provision, including the period of the prohibition, if the court considers it just and reasonable to do so.
(2) The court shall include in the record of the proceedings a statement of the reasons for making a decision under subsection (1) or, if the proceedings are not recorded, the reasons shall be provided in writing.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
On Clause 14,
That Bill C-5, in Clause 14, be amended by replacing lines 11 and 12 on page 3 with the following:
“14 (1) Paragraphs 742.1(b) and (c) of the Act are replaced by the following:”
The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Gary Anandasangaree, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10.
Clause 14 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
Clause 15 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 16,
Rob Moore moved, — That Bill C-5, in Clause 16, be amended by replacing line 3 on page 4 with the following:“offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of six months;”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7.
Clause 16 carried on the following recorded division:
YEAS: Gary Anandasangaree, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 17,
Rob Moore moved, — That Bill C-5, in Clause 17, be amended by replacing line 8 on page 4 with the following:“offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year;”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi — 7.
Clause 17 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 18,
That Bill C-5, in Clause 18, be amended by replacing line 10 on page 4 with the following:
“18 Sections 8 and 9 of the Act and the headings before them”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
Clause 18 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
Clause 19 carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Randall Garrison, Yasir Naqvi — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
On Clause 20,
That Bill C-5, in Clause 20, be amended
(a) by adding after line 9 on page 5 the following:
“(c.1) criminal sanctions imposed in respect of the sale or exchange of drugs for subsistence purposes or to support the cost of obtaining a safe supply of drugs for personal use are not consistent with human rights or established public health evidence;”
(b) by replacing line 12 on page 5 with the following:
“measures such as voluntary education, treatment, aftercare, re-”
(c) by adding after line 15 on page 5 the following:
“(f) Black, Indigenous and other racialized communities have been disproportionately affected by the criminal sanctions imposed in respect of the possession of drugs.”
After debate, the question was put on the amendment of Mike Morrice and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi — 10.
“(c.1) criminal sanctions imposed in respect of the sale or exchange of drugs for subsistence purposes or to support the cost of obtaining a safe supply of drugs for personal use are not consistent with human rights or established public health evidence;”
After debate, the question was put on the amendment of Randall Garrison and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi — 10.
(a) by replacing line 22 on page 5 with the following:
“individual or to refer”
(b) by adding after line 25 on page 5 the following:
“(1.1) An individual who is the subject of a referral under subsection (1) may refuse to receive any services that are offered as a result of the referral.”
After debate, the question was put on the amendment of Rob Moore and it was negatived on the following recorded division:
YEAS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4;
NAYS: Gary Anandasangaree, Élisabeth Brière, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi — 7.
After debate, the question was put on the amendment of Randall Garrison and it was negatived on the following recorded division:
YEAS: Randall Garrison — 1;
NAYS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Anju Dhillon, Lena Metlege Diab, Rhéal Éloi Fortin, Rob Moore, Rob Morrison, Yasir Naqvi — 10.
“10.4 (1) For the purpose of monitoring the use of diversion measures and assessing their effectiveness, the police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warnings given or referrals made under subsection 10.2(1).
(2) The record must not include any information that would identify the individuals to whom the warnings or referrals relate unless such information is necessary for the protection of public safety.”
Debate arose thereon.
Gary Anandasangaree moved, — That the amendment be amended by deleting all the words after the words “10.4 (1)” and substituting the following:
“The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred.
(2) Any information contained in the record kept pursuant to subsection (1) may be made available to:
a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;
b) any peace officer for any purpose related to the administration of the case to which the record relates; or
c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is
i. engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code, in respect of that person, or
ii. preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.
(3) Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.”
At 3:22 p.m., the sitting was suspended.
At 3:56 p.m., the sitting resumed.
The committee resumed consideration of the subamendment of Gary Anandasangaree, — That the amendment be amended by deleting all the words after the words “10.4 (1)” and substituting the following:
“The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred.
(2) Any information contained in the record kept pursuant to subsection (1) may be made available to:
a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;
b) any peace officer for any purpose related to the administration of the case to which the record relates; or
c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is
i. engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code, in respect of that person, or
ii. preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.
(3) Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.”
After debate, the question was put on the subamendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
The question was put on the amendment of Randall Garrison, as amended, and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
“10.6 (1) A judicial record of a conviction that occurs before the day on which this Act comes into force in respect of an offence under subsection 4(1) must be destroyed or removed within two years after that day.
(2) A conviction that occurs after the day on which this Act comes into force in respect of an offence under subsection 4(1) is expunged two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.
(3) The Governor in Council may make regulations respecting the destruction or removal of judicial records referred to in subsection (1) and the destruction or removal of judicial records of convictions that are expunged under subsection (2).”
Debate arose thereon.
Gary Anandasangaree moved, — That the amendment be amended by deleting all the words after the words “10.6 (1)” and substituting the following:
“Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day.
(2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.
(3) The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart of referred to in subsections (1) and (2).”
After debate, the question was put on the subamendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
The question was put on the amendment of Randall Garrison, as amended, and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
“Exception for Service Providers
10.6 No social worker, medical professional or other service provider in the community who, in the course of their duties, possesses a substance included in Schedule I, II or III commits an offence under subsection 4(1).”
Debate arose thereon.
Gary Anandasangaree moved, — That the amendment be amended by deleting all the words after the words “No social worker,” and substituting the following:
“medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance included in Schedule I, II or III and they intend to, within a reasonable period, lawfully dispose of it.”
After debate, the question was put on the subamendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11;
NAYS: — 0.
The question was put on the amendment of Rhéal Éloi Fortin, as amended, and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11;
NAYS: — 0.
Clause 20, as amended, carried on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 7;
NAYS: Larry Brock, Michael Cooper, Rob Moore, Rob Morrison — 4.
On new Clause 21,
That Bill C-5 be amended by adding after line 11 on page 6 the following new clause:
“Consequential Amendments to the Criminal Records Act
21 (1) Subparagraphs 2(a)(ix) and (x) of Schedule 1 to the Criminal Records Act are replaced by the following:
(ix) subsection 272(1) (sexual assault with a weapon, threats to a third party or causing bodily harm),
(2) Subparagraphs 1(a)(ix) and (x) of Schedule 2 to the Act are replaced by the following:
(ix) subsection 272(1) (sexual assault with a weapon, threats to a third party or causing bodily harm),”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
“21 The Act is amended by adding the following after section 56:
56.01 (1) On the request of the government of a province or a municipality, the Minister shall exempt from the application of all or any of the provisions of this Act or the regulations any person or class of persons, or any controlled substance or precursor or any class of either of them, provided the exemption
(a) is likely to decrease the risk of death or bodily harm;
(b) is unlikely to have a negative impact on public safety; and
(c) is consistent with the principles set out in section 10.1.
(2) The exemption must be granted within 60 days after the day on which the request is made.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“Review
21 On the third anniversary of the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the standing committee of each House that normally considers matters relating to justice.”
Debate arose thereon.
Gary Anandasangaree moved, — That the amendment be amended by replacing the word “third” with the word “fourth”
After debate, the question was put on the subamendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 10;
NAYS: — 0.
The question was put on the amendment of Rob Moore, as amended, and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Larry Brock, Michael Cooper, Lena Metlege Diab, Rhéal Éloi Fortin, Randall Garrison, Rob Moore, Rob Morrison, Yasir Naqvi, Francesco Sorbara — 11;
NAYS: — 0.
The Title carried on division.
The Bill, as amended, was adopted on the following recorded division:
YEAS: Gary Anandasangaree, Élisabeth Brière, Lena Metlege Diab, Randall Garrison, Yasir Naqvi, Francesco Sorbara — 6;
NAYS: Larry Brock, Michael Cooper, Rhéal Éloi Fortin, Rob Moore, Rob Morrison — 5.
ORDERED, — That the Chair report the Bill, as amended, to the House on division.
ORDERED, — That Bill C-5, as amended, be reprinted for the use of the House of Commons at report stage, on division.
At 4:41 p.m., the committee adjourned to the call of the Chair.