Okay.
Evidence of meeting #13 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
Evidence of meeting #13 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
1:05 p.m.
Conservative
The Chair Conservative Dave MacKenzie
Thank you.
(Clause 102 agreed to)
We're on clause 103.
Mr. Jacob.
(On clause 103)
1:05 p.m.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
I would like an explanation about the translation. I am referring to clause 103(4) of the bill, line 38 on page 59. It proposes adding paragraph g.1 to section 1 of schedule 1 of the act. I do not understand the translation into French. The English says:
“sexual exploitation of person with disability”.
But in French, it says: “personnes en situation d'autorité”. Is that a mistake? I don't understand.
1:10 p.m.
Conservative
1:10 p.m.
NDP
1:10 p.m.
NDP
Jack Harris NDP St. John's East, NL
I'm sorry; I thought you may have said something that amounted to an explanation.
1:10 p.m.
Conservative
1:10 p.m.
Conservative
Kerry-Lynne Findlay Conservative Delta—Richmond East, BC
Even I can read that it's different in French from the English; that is what I said.
1:10 p.m.
NDP
Jack Harris NDP St. John's East, NL
Even I, with my limited French translation ability, would have to concur.
1:10 p.m.
Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
Mr. Chair, we were just looking at the Criminal Code in both English and French, and it appears that the Criminal Code, now, en français, currently uses that term with respect to article 153.1 because it deals with a number of provisions.
It's not an error, but it's certainly not meant to be a translation of the English: “sexual exploitation of person with disability”, and then, in French,
“personnes en situation d'autorité”.
It's not the same term translated, but it is the same sort of marginal note in the Criminal Code that is referred to.
1:10 p.m.
NDP
Jack Harris NDP St. John's East, NL
Thank you for the explanation. I can't agree that I'm any more enlightened, however. If it's intended to be an equivalent phrase or addition, then clearly.... Is section 153.1 a new provision of the Criminal Code? I don't think it is. I have my Criminal Code here. We're not changing the marginal notes, are we?
1:10 p.m.
Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
No, that section is not a new section.
What's important is that it's the reference to section 153.1. However, we can consult with our drafters and the jurolinguists, who did both versions, and provide to you tomorrow afternoon when we meet a better explanation of why those two terms are used side by side.
Would that be helpful?
1:10 p.m.
NDP
Jack Harris NDP St. John's East, NL
Perhaps the recommendation should be that we defer consideration of clause 103 until tomorrow.
1:10 p.m.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I'm not sure why we would defer it. I understand the explanation of the officials, and we might not even go until tomorrow. We have until midnight tonight, unless all three parties agree. I don't understand why we would defer it.
My understanding of the explanation is that it's in relation to the different French and English utilized in a different clause in relation to the same area. Is that it?
1:10 p.m.
Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
No. It's only with respect to the marginal note or the description.
Perhaps I could read section 153.1 of the Criminal Code in English. It's headed “Sexual exploitation of person with disability”. It's what we consider a marginal note or a subtitle. The offence is:
(1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person's consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of an indictable offence or a summary conviction offence.
In English the heading is “Sexual exploitation of person with disability”, but in the French version of the same offence, the heading is just
“personnes en situation d'autorité”.
But it is with respect to a sexual offence against a person with a disability by a person in authority.
November 22nd, 2011 / 1:10 p.m.
NDP
Françoise Boivin NDP Gatineau, QC
I think I may not have understood your explanation. I understand the logic behind it, but it is certainly not very clear.
1:15 p.m.
Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
I agree it's not obvious how it's set out in Bill C-10, but I would reiterate that the part in brackets is basically trying to capture the title or marginal note that's already in the Criminal Code provision in the French version of the Criminal Code, as opposed to in the English version of the Criminal Code.
It's not meant to be a specific translation of one term for the other, but it is the same offence.