Evidence of meeting #69 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

Clerk of the Committee  Ms. Diane Diotte
Marc Tremblay  General Counsel and Director, Official Languages Law Group, Department of Justice
Anouk Desaulniers  Senior Counsel, Criminal Law Policy Section, Department of Justice

9:45 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Is it only the preamble that is amended?

9:45 a.m.

Conservative

The Chair Conservative Art Hanger

Those in favour please signify.

9:45 a.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Are we voting on the change moved by Mr. Lee?

9:45 a.m.

Conservative

The Chair Conservative Art Hanger

Yes.

(Amendment agreed to [See Minutes of Proceedings]

Now the question is on the motion as amended.

9:45 a.m.

Liberal

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

Could you just give us the actual yeas and nays?

9:45 a.m.

Conservative

The Chair Conservative Art Hanger

The vote was yeas, six; against, four.

We will vote now on the amended motion. It is a recorded vote.

(Motion as amended agreed to: yeas 7; nays 3)

9:50 a.m.

Conservative

The Chair Conservative Art Hanger

That ends that business.

We will go on to Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments),

We have before us Monsieur Marc Tremblay, general counsel and director, official languages law group; and Anouk Desaulniers, senior counsel, criminal law policy section.

We are now going into clause-by-clause consideration of Bill C-23.

(On clause 1)

9:50 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Could you quickly remind us of the meaning of section 1?

May 15th, 2007 / 9:50 a.m.

Anouk Desaulniers Senior Counsel, Criminal Law Policy Section, Department of Justice

The changes to section 1 are intended to reorganize all of the provisions of the Criminal Code that deal with proof of service of documents under section 4 of the Criminal Code.

Following that, you will see that in light of other sections of Bill C-23, we will proceed to repeal various sections so that the only provision that settles the manner in which service is proven would be dealt with under section 4 of the Criminal Code.

9:50 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

All right. Carried.

(Clauses 1 to 4 inclusive agreed to)

9:50 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Chairman, as there are no amendments before clause 11, could we not vote on clauses 1 to 10 all together, if everyone agrees, without voting on them individually, and move on to clause 11 where there is an amendment?

9:50 a.m.

Conservative

The Chair Conservative Art Hanger

Yes, we could do that.

(Clauses 5 to 11 inclusive agreed to)

9:50 a.m.

Conservative

The Chair Conservative Art Hanger

Next comes amendment BQ-1, the new clause 11.1.

9:50 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Chairman, my amendment—

9:50 a.m.

Conservative

The Chair Conservative Art Hanger

There are some procedural errors involved here, but speak to it.

9:50 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Chairman, my amendment is an example of a case when your indulgence would be very helpful to us.

When we were studying the issue of organized crime and the need for updates, the police reminded us that Bill C-95 extended wiretapping warrants to one year, but that warrants for GPS and some other tracking warrants were not harmonized. I limited myself to GPS warrants. When someone appears before a justice of the peace or a judge from another province, the maximum warrant they can obtain is for 60 days.

I am working for your friends, the police, who are also mine. This was obviously a request of the Canadian Association of Chiefs of Police. I do not think, therefore, that you will declare it to be out of order, insofar as this section has already been re-opened, and I imagine that it will be carried unanimously.

9:55 a.m.

Conservative

The Chair Conservative Art Hanger

There is, no doubt, some sympathy for it, Mr. Ménard. But it proposes to change another section of the Criminal Code that this bill, Bill C-23 does not touch on. You're talking about section 487.01. Bill C-23 does not deal with it. It does change some sections of the Criminal Code, but not this particular one.

It's inadmissible.

9:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

I remind you that Sunday was my birthday. Try to show some generosity and find a precedent. Between Westminster and Mr. Gilbert Parent, there may be some small opening that would allow you to see it as admissible.

9:55 a.m.

Conservative

The Chair Conservative Art Hanger

I would like to search deep, though I don't have much of a pool to draw from on this particular point, but you could challenge my ruling.

9:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

I challenge your ruling, Mr. Chairman.

9:55 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Chairman, on that point, I think the Westminster system is notorious for both its congeniality and its cruelty.

9:55 a.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

That's a very subjective statement.

9:55 a.m.

Conservative

The Chair Conservative Art Hanger

Shall the chair's position be—

9:55 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Could we wait for Ms. Jennings? You know that as far as challenges are concerned, Ms. Jennings is the absolute master. We could wait for her to come back, Mr. Chairman.

9:55 a.m.

Conservative

The Chair Conservative Art Hanger

We will continue here.

Mr. Moore has a point.