Evidence of meeting #60 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Carole Morency  Acting General Counsel, Department of Justice

10:55 a.m.

Some hon. members

Agreed.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

(Clause 1 allowed to stand)

Shall we go to clause 2?

10:55 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Is my amendment in clause 2?

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

No, yours is in clause 1, and it shall stay in clause 1.

(Clause 2 agreed to)

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Do you have an amendment for clause 3? That's a new clause, actually, Mr. Comartin, new clause 3.1.

10:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

It's not part of clause 3?

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

No.

(Clause 3 agreed to)

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Now we have new clause 3.1, NDP-5.

10:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

In order to deal with this expeditiously, perhaps I should just ask you to make a ruling, given the ruling you made earlier. Just quickly for the committee, the effect of this is to provide protection against having evidence used--when it's gathered from an individual who's gone in for medical care or treatment as a result of, using this stereotype, a sexually transmitted disease--against the other person in the relationship, who's more than five years older. It's really just making this evidence--I'm going to be legalistic here--still competent but not compellable, so that the evidence could not be brought forth. That's the effect of it.

It's an amendment to the Evidence Act. There's no way of dealing with it other than by amending the Evidence Act.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

That's correct. Of course, Bill C-22 amends the Criminal Code and the Criminal Records Act. This amendment, NDP-5, proposes to amend the Canada Evidence Act and is therefore inadmissible.

10:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Maybe the government will get around to doing it right someday, Mr. Chair.

I need to challenge the chair again.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Okay. Do you want a recorded vote?

10:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Yes, please.

10:55 a.m.

Conservative

The Chair Conservative Art Hanger

Shall the ruling of the chair be sustained?

(Ruling of the chair sustained: yeas 5; nays 4)

(Clause 4 agreed to)

11 a.m.

Conservative

The Chair Conservative Art Hanger

This brings us back to clause 1. Are we finished for the day?

Mr. Bagnell.

11 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Just so people can think about it for Thursday, I proposed another amendment to clause 1 that's unrelated to what we've talked about. It's a minor amendment that deals with the issue I discovered during our discussion--people who are already in a relationship. All of a sudden it doesn't seem to make sense to overnight criminalize them. They have to leave their apartment, stop sleeping with the person. It's the philosophy of the government to grandfather things that are going on, so my amendment just adds to the grandfathering for those who are legally engaged in a sexual relationship at the time the bill comes into force.

So think about that. If they've been living together for eleven months--

11 a.m.

Conservative

The Chair Conservative Art Hanger

You'll have your amendment written.

11 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

I have. I have already submitted it.

11 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Is it time to say goodbye?

11 a.m.

Conservative

The Chair Conservative Art Hanger

Well, is there a motion to that end?

11 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Yes, I move to adjourn. It's time to say goodbye.

11 a.m.

Conservative

The Chair Conservative Art Hanger

There is a motion for adjournment. All in favour?

The meeting is adjourned.