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Justice committee  I believe that clause was voted down.

February 20th, 2007Committee meeting

Julie Besner

Justice committee  That is correct.

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Clause 28 is similar, in and that it is also a consequential amendment. Here, we are dealing with breaking and entering. Section 662 of the Criminal Code provides that when there is insufficient evidence before the court to prove that a break and enter actually occurred in order

February 20th, 2007Committee meeting

Julie Besner

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Yes. Mandatory minimum sentences are mentioned in the offences themselves, found under section 98 and proposed by clause 9 of the bill. These consequential amendments do not deal with mandatory minimum sentences. These consequential amendments do not touch on the issue of minim

February 20th, 2007Committee meeting

Julie Besner

Justice committee  That's correct. Clause 9 as amended does not provide a mandatory minimum penalty for those new offences that are created.

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Clause 2 deals with the offence of using a firearm while committing an indictable offence. It does not deal with the same thing as clause 9, which creates the two new offences under this bill—robbery to steal a firearm and breaking and entering to steal a firearm. Clauses 2 and 9

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Clause 15 of the bill—

February 20th, 2007Committee meeting

Julie Besner

Justice committee  That is correct. We're adding two new referrals to the two new offences created under the bill, in other words breaking and entering to steal a firearm and robbery to steal a firearm. Clause 15 is not an offence as such. For all practical purposes, this is a consequential amendme

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Yes. The same thing applies to clause 25 of the bill, regarding the aggravating factor of breaking and entering to steal a firearm and robbery to steal a firearm. If the robbery takes place in a dwelling house it is referred to as a home invasion. So, given that new offences are

February 20th, 2007Committee meeting

Julie Besner

Justice committee  The motion to amend clause 2 of the bill seeks to remove the third-level minimum penalty of five years that would apply on a third or subsequent offence. It also brings up proposed paragraph 2(2)(c), which is currently placed elsewhere in the existing Criminal Code provision, so

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Sorry, but clauses 26, 27, 29, and 30 are all consequential amendments in order to change references to sections that were amended by clauses 18 and 29 of the bill or that have already been voted on. So the committee could consider voting on that bulk of clauses together as a who

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Rather, the vote on clauses 18 and 19 will apply to clause 26.

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Yes, I realize that. I was trying to indicate that as a result of the amendments not having passed for those clauses, these remaining clauses are obsolete, so to speak, or now do not flow from—

February 20th, 2007Committee meeting

Julie Besner

Justice committee  Yes. Clause 9 of the bill seeks to create the two new offences, the first being “break and enter to steal a firearm”, the second being “robbery to steal a firearm”. That clause has not been voted on yet, clause 9, to create the two new offences. Clause 15 here references those t

February 20th, 2007Committee meeting

Julie Besner