Bill C-2 (39th Parliament, 1st Session) Committee on June 13th, 2006

[The Chair, Conservative, David Tilson]

Shall clause 120 carry? I'm sorry, I'm getting ahead of myself. I apologize.

We are voting on BQ-24.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 120 as amended agreed to)

[The Chair, Conservative, David Tilson]

Moving along, we're on clause 121, and that's on page 113 of the amendments. It's a Bloc Québécois amendment, and it's the same as before. There are three amendments that are all the same, L-13.5, NDP-8.7.

So, Monsieur Sauvageau, BQ-25.

[Benoît Sauvageau, Bloc, Repentigny, QC]

I'm pleased to introduce the amendment. I don't get the impression that would be too much of a problem.

[The Chair, Conservative, David Tilson]

Thank you.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 121 as amended agreed to)

(Clause 122 agreed to)

(On clause 123)

[The Chair, Conservative, David Tilson]

Now, clause 123 relates to the Director of Public Prosecutions Act, and there's a series of other clauses related to this particular clause. We propose to deal with all the amendments that pertain to the subject matter of clause 123 before I put the question on clause 123; therefore, we will deal with the amendments to clauses 123 and 139, and once that has been completed, we'll put the question on clause 123, and its results will be applied to all the consequential clauses, which are clauses 131 to 142.

So we're going to stand clause 123, and we're going to call for the amendment, which is G-40.1 on page 113.3.

Mr. Poilievre.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

Yes, G-40.1 regarding Bill C-2: that clause 123 be amended by replacing lines 13 to 22 on page 99 with the following:

(a) initiates and conducts prosecutions on behalf of the Crown, except where the Attorney General has assumed conduct of a prosecution under section 15;

(b) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations, except in proceedings in which the Attorney General has decided to intervene under section 14;

So I'll invite commentary from our panel.

[Joe Wild]

The amendments that are proposed are technical amendments to properly reflect the policy decision that is in the bill regarding the assumption of the conduct of prosecutions or the interventions by the Attorney General.

So following through on where the Attorney General has given the appropriate notice and that notice has been gazetted, what new paragraphs (a) and (b) are simply recognizing is that in those instances, the Director of Public Prosecutions would not be initiating or conducting the prosecution on behalf of the Crown, because the Attorney General himself has taken on that prosecution.

(Amendment agreed to)

[The Chair, Conservative, David Tilson]

Next is G-40.2, page 113.5, and 113.4 is the French.

Mr. Poilievre.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

On the same subject, clause 123 would be amended, in the English version, by replacing line 38, on page 99 with the following:

(h) exercises any other power or carries out any other duty or function

The original says:

(h) carries out any other duty or function

I believe this is a technical amendment. Is there any further commentary required, Mr. Wild?

[Joe Wild]

It is a technical amendment. We generally refer to powers, duties, and functions as being the things that are provided under statutes. So this is simply clarifying that “power” is included in that assignment authority under paragraph (h).

(Amendment agreed to)

[The Chair, Conservative, David Tilson]

We're now on to a further amendment. On page 114 is a Bloc Québécois amendment, BQ-26. There's a line conflict, in French only, with L-13.6, and with L-13.7.

Monsieur Sauvageau.

[Benoît Sauvageau, Bloc, Repentigny, QC]

All we want is for a parliamentary committee not only to examine the application, but also to give its approval. This amendment would require the government to consider the opinions of the committees. No government appointment should be made against the opinion of a committee.

That moreover is what the Conservative Party said when former Liberal candidate Glen Murray was appointed by Paul Martin to the National Round Table on the Environment and the Economy, contrary to the opinion of a committee of the House.

This amendment should correct the situation.

[The Chair, Conservative, David Tilson]

Okay. On this conflict business, are there any subamendments, or are we just going to let this go?

I'll repeat what I said. There's a line conflict with L-13.6, in French only, and L-13.7. So if we vote on this, that's it. Okay, silence.

(Amendment agreed to [See Minutes of Proceedings])

[The Chair, Conservative, David Tilson]

We're now on page 115, which is another Bloc Québécois amendment, BQ-27.

Monsieur Sauvageau.

[Benoît Sauvageau, Bloc, Repentigny, QC]

By this amendment, we want to ensure that the director of criminal investigations cannot be revoked except with the consent of the House of Commons. This person must go through the entire nomination process. Once that person is in the position, he or she has quite dangerous duties and is always doing a tight rope act. So we want the Director of Criminal Prosecutions to be revoked only with the consent of the House of Commons.

[The Chair, Conservative, David Tilson]

Mr. Poilievre.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

I want to make sure, before voting, that we understand the effect of this. Does this give the House of Commons control over the selection of the Director of Public Prosecution? That's what the previous one did.

[Joe Wild]

The previous motion, Mr. Chair, BQ-26, in effect gives the House of Commons control over the selection of the candidate, so it's a variation of the Supreme Court of Canada nomination process, which is what was articulated in Bill C-2.

BQ-27 then follows that to provide that in the event there is a decision to remove the Director of Public Prosecution, that removal cannot happen without the support of a resolution of the House of Commons to that effect.

[The Chair, Conservative, David Tilson]

Mr. Sauvageau.

[Benoît Sauvageau, Bloc, Repentigny, QC]

I simply want to provide an explanation. Otherwise it means that it's the governor in council—

That's fine with me. We can vote.

[The Chair, Conservative, David Tilson]

We'll proceed to the vote.

(Amendment agreed to [See Minutes of Proceedings])

[The Chair, Conservative, David Tilson]

We go to page 115.1, government amendment G-40.3.

Mr. Poilievre.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

G-40.3 also amends clause 123 by replacing, on page 104, line 14.... It actually replaces the heading “ISSUES OF GENERAL PUBLIC INTEREST” by adding the word “OR” in between “GENERAL” and “PUBLIC”.

Then in lines 15 to 18 on page 104, it makes some wording changes: General, in a timely manner, of any prosecution or intervention that the Director intends to make, that raises important questions of general interest.

Members who have their Bill C-2 book open will see that the changes are quite self-evident. If the panel of experts have anything to add, I welcome that.

[The Chair, Conservative, David Tilson]

Mr. Wild, we have new players. Could you introduce your colleagues, please?

[Joe Wild]

Sure. Monsieur Bouchard is the associate deputy minister with the Department of Justice and Ms. Proulx is senior general counsel, also with the Department of Justice. Both are experts with respect to the federal prosecution service and the portions of Bill C-2 dealing with the Director of Public Prosecution.