Justice Committee on May 3rd, 2012

[Paul Champ]

I can't name the cases off the top of my head, but I do know there are a couple of cases where—

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Can you send them to me, please?

[Paul Champ]

I can.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Thank you very much.

[Paul Champ]

It was in the first ten years after the charter. There were charter challenges to the unlawful assembly and riot provisions, saying you would not necessarily have mens rea, and how would mens rea be determined.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Exactly. I'm interested in seeing the citations. Until I look at the cases, I'm afraid we can't really discuss them in—

[Paul Champ]

That's fine. I'm happy to provide them to you.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Thank you for that.

I was glad you mentioned the example of NDP MPs attending the tuition rallies, because it explained for me why our colleagues from the NDP are so opposed to this bill. That's helpful.

It seems to me that even if I were an NDP member of Parliament, if I found myself in the middle of a riot or an unlawful assembly wearing a mask, I would probably find it prudent and helpful to the police to take the mask off. So I'm a little unsure about why it is you say that anyone would have a good reason to keep a mask on when they're in the middle of an unlawful assembly or riot. I just don't perceive that this would be a prudent or intelligent thing to do, even for a member of the NDP, unless there were some ulterior motive.

[Paul Champ]

Just to be clear, if there's an unlawful assembly or riot, anyone in it is committing an offence, whether they're wearing a mask or not.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Right.

[Paul Champ]

That's the bill. The problem I was identifying is that it's difficult to determine intent to be participating in an unlawful assembly. That problem is not going to change. The issue is that it's going to create a chilling effect for those who wish to attend. They might be at the front of the march and they don't know that a bunch of vandals in the back are smashing windows.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Well—

[The Chair, Conservative, Dave MacKenzie]

Thank you, Mr. Woodworth.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

I've enjoyed our conversation. Thank you.

[Paul Champ]

Thank you.

[The Chair, Conservative, Dave MacKenzie]

Mr. Champ, I would ask you to forward that information to the clerk, and the clerk will distribute it to everyone.

[Paul Champ]

Will do. Thank you.

[The Chair, Conservative, Dave MacKenzie]

Mr. Jean.

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

Thank you, Mr. Chair.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Chair, a point of order. It is now 1:00 p.m., contrary to what the clock indicates.

[A voice]

He's right. This clock is slow.

[The Chair, Conservative, Dave MacKenzie]

Oh. Okay—

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

Do I have time for one question, Mr. Chair?

[The Chair, Conservative, Dave MacKenzie]

One short question.

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

Thank you.

I was just reviewing a website of an NDP member, Paul Dewar.

Is it true that you are an NDP member who supported him in his bid for prime minister, as the letter said?