Bill C-31 (Historical)

An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act

The enactment amends the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and makes a consequential amendment to the Canada Evidence Act.
Among other things, the amendments
(a) provide greater access to the telewarrant process for peace officers and public officers;
(b) reform the expert evidence regime to give parties more time to prepare and respond to expert evidence;
(c) allow the provinces to authorize programs or establish criteria governing the use of agents by defendants who are individuals;
(d) authorize the fingerprinting of, photographing of or application of other identification processes to, persons who are in lawful custody for specified offences but who have not yet been charged;
(e) expand the jurisdiction of Canadian courts to include bribery offences committed by Canadians outside Canada;
(f) expand the list of permitted sports under the prize fighting provisions;
(g) make minor corrections to the pari-mutuel betting provisions, delete unnecessary provisions and update the calculation of pool payouts;
(h) update the provisions on interceptions of private communications in exceptional circumstances;
(i) reclassify six non-violent offences as hybrid offences;
(j) create an offence of leaving the jurisdiction in contravention of an undertaking or recognizance; and
(k) delete provisions of the Criminal Code that are no longer valid, correct or clarify wording in various provisions and make minor updates to others.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

For those who do not qualify under Bill C-31, your grandchildren, how can government look at this legislation and implement the changes without it being challenged in court?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Bill C-31.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you, Mr. Chair.

I'd like to welcome our witnesses, and congratulations on your election.

I am first nations. I served 18 years in the RCMP, and I've seen a lot of murders, investigated a lot of domestic assaults, and I've seen first nation women abused and had to investigate it, but I've also had to tell the families what transpired.

Today during your testimony, the issue that I heard echoing deep down is Bill C-31. Now, with Bill C-31, I do understand the McIvor decision, but my question is, how can government look at this without Bill C-31 being challenged in court, getting those people added to the list? What can you do, or what can you suggest to this committee?

[Jeannette Corbiere Lavell]

Exactly. You are absolutely correct. If we could have a meaningful consultation on Bill C-31, on our rights as women within the division of property, we would be able to share the cultural context. That is what is causing the problem right now. We see it as having some flaws in terms of taking away the rights of our community members. If we could have that meaningful dialogue and work with you on this, I think it would be good. That's how we must do it. It would be acceptable. Yes, that would be good.

[The Chair, Conservative, Bruce Stanton]

Mary has just advised me that you'll be receiving the various categories of witnesses and some examples of individual organizations that would fit within those categories. Keep in mind that 80% of this study will be conducted through hearing from witnesses in Ottawa. This is probably a 20-plus meeting study, so most of it will be done here in Ottawa. When we're in the north, we will need to give preference to those organizations for which it's less practical to come here or that don't have the capacity to come here.

I will suggest to members that in order to use our time to the best advantage in the north we will have a very full schedule, and we'll be looking at some fairly lengthy days of meetings.

Is there anything else on the northern economic development study?

We have witnesses here today on the briefing of McIvor and the issues around Indian status. If it's okay with the committee, we'll now proceed to hear our briefing from departmental officials.

We have with us Caroline Davis, assistant deputy minister, resolution and individual affairs sector. We also have Mr. Martin Reiher, senior counsel, Indian and Northern Affairs Canada, for the Department of Justice on this same question.

Welcome to both of you, and thank you for accommodating our somewhat uncertain schedule today. I appreciate your taking the time to join us. As you're no doubt familiar, we'll begin with a brief presentation of up to 10 minutes and then take questions from members.

Two written presentations are being handed out right now. In advance of this meeting you were also circulated documents on the Supreme Court decision itself, as well as the discussion paper on McIvor and issues pertaining to Bill C-31.

Mr. Lévesque.

Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am very pleased to be able to respond to not just the regular Thursday question about the business of the House for the next week, but indeed to respond to all the questions from my colleague across the way.

In the order that we will dealing with it, today we are debating a motion from the New Democratic Party, which has its supply day today.

Tomorrow we will continue, and hopefully conclude, the third reading stage of Bill C-6, product safety, followed by Bill C-36, the faint hope bill. The backup bill tomorrow will be Bill C-19, the anti-terrorism bill.

Monday, June 15 and Friday, June 19, 2009 shall be allotted days.

On Monday, we will be introducing a bill regarding the Maa-nulth First Nations agreement. It is my intention, provided that I have an agreement from all the other parties, to call and complete that bill on Tuesday. On behalf of that first nation, I express my appreciation to all hon. members and all the parties in the House.

Next week, I will also call Bill C-26, auto theft, for report and third reading. My hope is that we will get that down the hall to get it dealt with at the Senate.

In addition to Bill C-26, we will also consider Bill C-36, the faint hope bill; Bill C-37, National Capital Act; Bill C-38, Nahanni; and Bill C-31, modernizing criminal procedure. All of these bills, as we know, are at second reading.

I am hoping that Bill S-4, identity theft, can be sent over from the Senate expeditiously. If and when it arrives, I will be seeking the cooperation of the opposition to try to expedite that bill in our Chamber.

I might add that despite the assurance of the hon. opposition House leader last week, after we had passed Bill C-33 at all stages, the bill that will extend benefits to allied veterans and their families, I expected the Senate to quickly follow suit. Although sad, it is true that time is running out for some of these veterans and their families. They are waiting to receive these benefits. This bill is not controversial, but the delay of this bill by Liberal senators will become controversial very quickly.

Last week I also mentioned Bill C-29 in my Thursday reply, which the hon. member for Wascana mentioned a minute ago. That is the agricultural loans bill, which will guarantee an estimated $1 billion in loans over the next five years to Canadian farm families and cooperatives. Today the Liberal senators did not grant leave to even consider the bill, let alone agree to adopt it.

Another week has come and gone. I am not sure how the member for Wascana intends to return to farm families in Saskatchewan and explain why his senators in the other place are delaying the passage of Bill C-29.

Extension of Sitting Hours

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the government laid out the bills that in the government's view were important to Canadians.

Bill C-26 on auto theft has been at the justice committee for some time now. Bill C-34 went to the justice committee yesterday. I do not know how the committee does two bills at one time. Bill C-35 was introduced on June 1. It has not even started second reading and I am sure second reading will take up a lot of time. Bill C-36 was introduced on June 5 and will ultimately go to the justice committee.

Bill C-6 is here in the House at report stage and can commence. That would certainly be one piece of legislation. Bill C-31, the tobacco bill, went to committee on June 3. The committee needs to call witnesses. We will not see that bill before June 23. Bill C-23, the Canada-Colombia free trade agreement, is the last one on the list in terms of government importance, and it would appear the government has no intention whatsoever of calling this bill because of the difficulties.

What the government has not included is Bill C-8, which I think is very important.

It appears to me the government has selected priorities which in fact are not the priorities of Canadians and do not justify extended hours for no progress whatsoever.

Justice

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, the Conservative government is stubbornly pursuing its completely repressive agenda. With Bill C-31, it wants to pass legislation with a provision that would allow police officers to photograph and fingerprint anyone who is arrested, before it is even decided whether charges will be brought against them.

How can this government reconcile its abusive approach with the presumption of innocence, which is recognized in the Quebec and Canadian charters?

Criminal Code

[Jay Hill, Conservative, Prince George—Peace River, BC]

moved for leave to introduce Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act.

(Motions deemed adopted, bill read the first time and printed)