Justice Committee on June 21st, 2011

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Right. Mr. Stewart tried to get the chair's attention as we were doing that. We understand we've gone through that clause, but we didn't get a chance to get your attention, Mr. Chair.

I'm not being critical of you.

[The Chair, Conservative, Dave MacKenzie]

The law clerk tells me you have to have the original drafted and presented here. It's not an amendment on the floor; it has to be drafted.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

That was the concern both Mr. Jean and I had.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

It could be read into the record, drafted here in English and then read into the record as an amendment. We've done that many times in many different committees.

I apologize to the analyst, but I would hate to set a precedent of that nature; I've never seen it done before. To suggest that we have to find mistakes in the legislation that happen before we actually deal with the bill and hear from witnesses is, in my mind, quite frankly a travesty of justice. I'm not prepared to accept that.

[The Chair, Conservative, Dave MacKenzie]

What the law clerk is saying is that he's not going to draft the legislation. Somebody has to have it and present it.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Absolutely; we can read it into the record.

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

I'm not sure this would be precedent-setting. This whole scenario is somewhat unusual, in the sense that the legislation was sent back to us without the committee's having been constituted. I think it's an extreme circumstance; I don't think it would be precedent-setting as a ruling.

These are just my thoughts on it.

[The Chair, Conservative, Dave MacKenzie]

Mr. Woodworth.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

There are two bottom lines. As point number one, I think this whole discussion is out of order, because we have already passed clause 4 without amendment. Secondly, I didn't hear Mr. Kennedy propose a particular amendment. All he has done is ask whether an amendment might be proposed.

Oh, I'm sorry; it's Mr. Stewart. I was thinking of my old friend Mr. Kennedy. I apologize to Mr. Stewart. I'm sure that's an invidious comparison. I didn't mean to make it.

[Some hon. members]

Oh, oh!

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

In any event, Mr. Stewart hasn't actually proposed an amendment. He has only asked if one could be proposed. I suppose that, at least from this point forward, if he has an amendment to propose, he knows he could, provided he has the wording.

But I don't actually see an amendment on the table. And it would be out of order anyway, since we passed clause 4.

[The Chair, Conservative, Dave MacKenzie]

Again Ms. May has her hand up. I need the consent of the committee for her to ask a question.

Do we have consent?

[Voices]

No.

[The Chair, Conservative, Dave MacKenzie]

Okay.

(Clauses 6 and 7 agreed to)

I understand that with the consent of the committee, we could group the rest, from clause 8 through to clause 17.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Could you give us just a minute, Mr. Chair?

[The Chair, Conservative, Dave MacKenzie]

Surely.

(Clauses 8 to 17 inclusive agreed to)

Shall the short title carry?

[Some hon. members]

Agreed.

[The Chair, Conservative, Dave MacKenzie]

Shall the title carry?

[Ted Hsu, Liberal, Kingston and the Islands, ON]

I have a question as to what exactly the title is. Is it “An Act to amend the Criminal Code (mega-trials)”? Is that what we're talking about?

[The Chair, Conservative, Dave MacKenzie]

Is that the long title?

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Is that the title we're voting on?

[The Chair, Conservative, Dave MacKenzie]

And is this the short title?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Is the short title the “Fair and Efficient Criminal Trials Act” in clause1 of the...?

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Yes, and the title, which I think is what we're considering now, is “An Act to amend the Criminal Code (mega-trials)”? Is that the title we're voting on now, which contains the term that's not defined?

[The Chair, Conservative, Dave MacKenzie]

The law clerk tells me that technically the title is “An Act to amend the Criminal Code (mega-trials)”.