Justice Committee on Feb. 20th, 2007

[The Chair, Conservative, Art Hanger]

We'll start at the beginning again, committee, with clause 1.

There is a government amendment to clause 1, and the vote on this particular amendment will apply to G-2 and G-4.

Mr. Moore.

[Rob Moore, Conservative, Fundy Royal, NB]

The government is withdrawing amendment G-1 that applies to clause 1.

[The Chair, Conservative, Art Hanger]

Are you also withdrawing amendments G-2 and G-4?

[Rob Moore, Conservative, Fundy Royal, NB]

No, just G-1.

(Clause 1 negatived)

(On clause 2)

[The Chair, Conservative, Art Hanger]

Government amendment G-2. Mr. Moore.

[Rob Moore, Conservative, Fundy Royal, NB]

I will let Julie explain that.

[Julie Besner]

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 there is both a technical and a substantive amendment within that motion.

But on the substance, there remains a minimum penalty of one year on a first offence, and three years on a second or subsequent offence, which would be equivalent to the current law.

(Amendment negatived) [See Minutes of Proceedings]

(Clause 2 negatived)

(On clause 9)

[The Chair, Conservative, Art Hanger]

On clause 9, we have amendment G-4.

Mr. Ménard.

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Chairman, does that mean we could vote on clauses 9, 15, 25 and 28 as a unit?

[The Chair, Conservative, Art Hanger]

We have to deal with amendment G-4 first, as it relates to clause 9. Then if there's a consensus with the committee, we can apply it.

(Amendment negatived) [See Minutes of Proceedings]

[The Chair, Conservative, Art Hanger]

We are dealing with clause 9. This vote can be applied to clauses 15, 25, and 28 as well.

Is there agreement to apply the vote?

[Réal Ménard, Bloc, Hochelaga, QC]

All right.

[Some hon. members]

All right.

[The Chair, Conservative, Art Hanger]

There is consensus.

[Rob Moore, Conservative, Fundy Royal, NB]

Can we have one minute, or perhaps thirty seconds?

[The Chair, Conservative, Art Hanger]

We will suspend for two minutes.

[The Chair, Conservative, Art Hanger]

I call the committee to order.

Monsieur Ménard.

[Réal Ménard, Bloc, Hochelaga, QC]

There has been some confusion; perhaps we acted too hastily. If the government's purpose in tabling amendment G-4 is to introduce two new offences, robbery to steal a firearm and breaking and entering to steal a firearm, with no mandatory minimums, we would vote in favour of that.

I would call for the question to be asked once again, because there was this confusion. We agree with the idea of adding these two new offences to the Criminal Code, robbery to steal a firearm and breaking and entering to steal a firearm. If these offences do not involve mandatory minimum sentences, we are prepared to reconsider the vote.

[The Chair, Conservative, Art Hanger]

Thank you, Monsieur Ménard.

Ms. Jennings.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

On behalf of my Liberal colleagues, given the confusion over G-4 and clause 9, and I believe the subsequent clause 15 if I'm not mistaken, which also creates a new offence—

[The Chair, Conservative, Art Hanger]

We're just dealing with clause 9 for the time being.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

We would be prepared to have a recorded vote on G-4, which amends clause 9.

[The Chair, Conservative, Art Hanger]

Is there unanimous consent?

[Some hon. members]

Agreed.

[The Chair, Conservative, Art Hanger]

(Amendment agreed to: yeas 11; nays 0)

(Clause 9 as amended agreed to)