Justice Committee on Feb. 20th, 2007

[The Chair, Conservative, Art Hanger]

Clause 31 is the coming-into-force section.

(Clause 31 agreed to)

[Réal Ménard, Bloc, Hochelaga, QC]

Section 31 provides that on the date established by order in council the four clauses which comprise this new bill will enter into force. Is that correct, Mr. Chairman?

[The Chair, Conservative, Art Hanger]

Yes.

[Réal Ménard, Bloc, Hochelaga, QC]

We support this slim new package.

[The Chair, Conservative, Art Hanger]

Shall the preamble carry?

[Réal Ménard, Bloc, Hochelaga, QC]

No. Unless the government is open to the idea of making some amendments to it.

[Rob Moore, Conservative, Fundy Royal, NB]

I guess we could entertain them, but I like the preamble the way it is, really. It seems perfect.

[Réal Ménard, Bloc, Hochelaga, QC]

The parliamentary secretary will agree that this bill has been changed significantly. The preamble states:

whereas Canadians are entitled to live their lives in peace, freedom and security; whereas acts of violence involving the use of firearms, including ones by street gangs, are increasingly threatening the safety of Canadians in their community; whereas the Parliament of Canada is committed to taking the measures to protect Canadians from this threat while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;

We can live with that, but we do have problems with what follows. It states:

and whereas these measures include legislation to impose higher minimum penalties [...]

If the government truly wants to have a preamble, because of its interpretive value, we are prepared to accept the first three points, which begin with the word “whereas”. What follows, however, is no longer relevant. Of course, with the consent of the Senate—All references to minimum penalties must be removed because the bill no longer has this configuration.

[The Chair, Conservative, Art Hanger]

Thank you, Mr. Ménard.

Mr. Lee.

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

Mr. Chairman, the preamble isn't going to be a part of the final outcome here, in the sense that changes to the Criminal Code are going to sit in the Criminal Code without the preamble.

Most of the bill has not been passed.

In recent years, a preamble has been inserted almost solely for the purpose of being a charter lubricant, and while there may have been some charter issues on the edges with some of these proposed amendments to the Criminal Code, for the sections that have been passed, I can't see anybody saying there's a charter problem. So the charter lubrication objective isn't there.

I don't see the need for the preamble. In the present case, maintaining the preamble is perhaps an advertisement for what's not in the bill any more, and while the government members might think that's a good idea, I don't. So I would be opposed to adopting the preamble.

[The Chair, Conservative, Art Hanger]

Ms. Jennings.

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

I too am not prepared to support the preamble. However, with the permission of the committee chair, I would like, for the third time, to give the government side the opportunity to re-submit the Liberal amendments which doubled the minimum sentences for several existing offences. That would therefore make it possible to increase monitoring minimum sentences for several criminal offences.

[The Chair, Conservative, Art Hanger]

We'll deal with the preamble where we're at right at the moment, Ms. Jennings.

Mr. Moore.

[Rob Moore, Conservative, Fundy Royal, NB]

Why don't we just vote on the preamble? I don't see the need to amend it.

(Preamble negatived)

[The Chair, Conservative, Art Hanger]

Shall the title carry?

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Chairman, we can't adopt the title because it no longer reflects the bill itself.

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

Could I propose an amendment, Mr. Chair?

[The Chair, Conservative, Art Hanger]

Would you like to speak to that, in reference to the title?

[Rob Moore, Conservative, Fundy Royal, NB]

No.

[The Chair, Conservative, Art Hanger]

Mr. Lee.

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

Yes, I would propose an amendment to strike the words “minimum penalties for”, and all the words after the final bracket, so that it would read: “An Act to amend the Criminal Code (offences involving firearms)”.

Oh, there is no period, so we'll just delete the words “minimum penalties for” and the words “and to make a consequential amendment to another Act”.

[Julie Besner]

Just for clarification, the consequential amendment to the other act was to the Corrections and Conditional Release Act at clause 29, which was not carried.

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

My proposed amendment would delete reference to the other act in title of the bill.

[The Chair, Conservative, Art Hanger]

What about the other provisions in clause 30--the DNA Identification Act, and the National Defence Act?

[Julie Besner]

I believe that clause was voted down.