Justice Committee on Nov. 22nd, 2011

Evidence of meeting #14 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.

A recording is available from Parliament.

On the agenda

Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

MPs speaking

Also speaking

Daryl Churney Director, Corrections Policy, Department of Public Safety and Emergency Preparedness

5:10 p.m.

NDP

Jack Harris NDP St. John's East, NL

We're not going to offer any comments on clause 135. We don't agree that it actually enhances public safety, but we're not going to make any comment on that.

(Clause 135 agreed to on division)

(On clause 136)

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

Now we're at clause 136--

5:15 p.m.

NDP

Jack Harris NDP St. John's East, NL

I have some NDP amendments--

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

--and, Mr. Cotler, you have Liberal amendment 32.

November 22nd, 2011 / 5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Yes, Mr. Chairman.

I move that clause 136 be amended by deleting line 28 on page 73 to line 45 on page 74.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

Thank you, sir.

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Let me just explain that, Mr. Chairman.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

But I have a ruling on the motion. Let me give you the ruling.

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Oh, okay. Sorry. I didn't know there was a ruling.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

Bill C-10 amends the International Transfer of Offenders Act to provide for the Minister of Public Safety and Emergency Preparedness to modify the list of factors to consider in deciding whether to consent to the transfer of a Canadian offender. This amendment proposes to delete the list of factors.

House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the deletion of a key element is contrary to the principle of Bill C-10 and is therefore inadmissible.

So your motion is inadmissible, sir.

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Mr. Chairman, I just want to make a comment on it, if I may.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

You can challenge the chair, sir, but....

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

No, I don't want to challenge. I want to say something for the record on this point, if I may.

5:15 p.m.

Some hon. members

No.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

Sorry.

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

All right.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

You can debate the clause afterwards.

5:15 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Sure. Okay.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

Now we'll turn to amendment NDP-41.

5:15 p.m.

NDP

Jack Harris NDP St. John's East, NL

We have a number of amendments here.

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

You have seven amendments. The rules, which you set, are ten minutes per clause.

5:15 p.m.

NDP

Jack Harris NDP St. John's East, NL

Ah!

5:15 p.m.

Conservative

The Chair Conservative Dave MacKenzie

You set the rules, sir.

5:15 p.m.

NDP

Jack Harris NDP St. John's East, NL

I thought it was ten minutes per amendment.

5:15 p.m.

Some hon. members

Oh, oh!