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.
Liberal
Conservative
Rob Moore Conservative Fundy Royal, NB
Mr. Chair, to help speed things up, the government is going to be supporting the Liberal amendment to clause 21, as well as the—
Conservative
Rob Moore Conservative Fundy Royal, NB
Yes, as well as amendment NDP-1.
If people want to talk about it, they can, but—
Conservative
The Chair Conservative Art Hanger
Okay, let's carry on then.
(On clause 21)
We are on amendment L-5.
Mr. Bagnell, it has been clearly pointed out that—
Bloc
Réal Ménard Bloc Hochelaga, QC
We want to better understand the gist of the amendment, Mr. Chairman. It has not yet been voted on, has it?
Conservative
The Chair Conservative Art Hanger
I didn't get through the vote.
There's a point of order from Monsieur Ménard. Monsieur Ménard, do you want to debate?
Bloc
Réal Ménard Bloc Hochelaga, QC
I want to understand the goal of the amendment. We do not view it favourably for the moment, but it is possible that an explanation would change our minds.
Liberal
Larry Bagnell Liberal Yukon, YT
Basically a judge gives an order on how a bilingual judge or prosecutor can use their languages in a trial. All this amendment does is say that when they're giving that order, when they're explaining how the languages have to be used, they're respecting the right of the accused to be tried in their own official language to the extent possible.
Conservative
The Chair Conservative Art Hanger
Debate?
The question is on Liberal amendment 5.
(Amendment agreed to [See Minutes of Proceedings])
Conservative
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
Again, this amendment was recommended by francophone jurists. It simply recognizes that although we're giving discretion to the courts in all the other provinces, because New Brunswick is officially bilingual, it's not necessary there--and that needs to be recognized--judged there would not be allowed to exercise the discretion that's allowed for under proposed section 530.2.
We're simply recognizing the uniqueness of New Brunswick and excluding it from the operation of this section.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Comartin.
(Amendment agreed to [See Minutes of Proceedings])
(Clause 21 as amended agreed to)
(Clause 22 agreed to)
(On clause 23)
Conservative
Senior Counsel, Criminal Law Policy Section, Department of Justice
If I may, I would like to provide some explanation on this issue. The aim of clause 23 is to allow the accused the option of re-electing without the consent of the prosecutor, when the latter has filed a preferred indictment. The aim of the government amendment is therefore to correct errors in drafting.
In subclause (2), there is a reference to subsections 561(5) to (7), which provide a mechanism for re-electing, that is the requirement to give notice and the way in which the court reacts upon having received it. We must plead guilty. In the following subsection, that is subsection 565(3), this mechanism is already provided for. It was therefore not necessary to refer to it in subsections 561(5) to (7). The intention of the first part of the government amendment is to eliminate the reference to these subsections.
The amendment has a second part, which is aimed at a section that is not necessarily amended by the bill. What we are suggesting, however, is necessary if we want the section to have an effect. In subsection 561(3), there is again an erroneous reference to the consent of the prosecutor whereas the objective of this provision is precisely to abolish the need for this consent.
Conservative
Conservative
The Chair Conservative Art Hanger
The question is on government amendment 1.
(Amendment agreed to [See Minutes of Proceedings])
(Clause 23 as amended agreed to)
Conservative
