Justice Committee on Oct. 29th, 2018

[The Chair, Liberal, Anthony Housefather]

Thank you.

Is there any discussion on this? If not, we'll move to a vote on LIB-24.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 333 as amended agreed to)

(On clause 334)

We now move to amendment LIB-25.

Mr. Boissonnault.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

This is a similar change. It's important in this amendment to replace the term “offender” with “person” so that it more accurately reflects the individuals who may be subject to the order in this form.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, we'll move to a vote.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 334 as amended agreed to)

(Clauses 335 and 336 agreed to on division)

(On clause 337)

We now have clause 337 and LIB-26.

Mr. Maloney.

[James Maloney]

Subclause 337(3), which amends form 6, inadvertently refers to section “512.2” instead of section 512.1. The French version has it right. The proposed amendment just makes it consistent in both languages.

[The Chair, Liberal, Anthony Housefather]

Thank you very much. If there's no discussion, we'll move to the vote.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 337 as amended agreed to)

(Clauses 338 to 342 inclusive agreed to on division)

(On clause 343)

This takes us to clause 343 and LIB-27.

Ms. Khalid.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thanks, Chair.

This proposes to replace the term “justice of the peace” with “justice”. It would align the language in form 19, which clause 343 refers to, with the provisions to which it refers within sections 516 and 537.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, we'll move to a vote on LIB-27.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 343 as amended agreed to)

(Clauses 344 to 346 inclusive agreed to on division)

(On clause 347)

This takes us to LIB-28. Note that LIB-44(b), is consequential to LIB-28.

Mr. McKinnon.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Thanks, Chair.

Clause 347 creates two versions of form 25. This form is used to permit a witness convicted of contempt for having failed or refused to attend court to appear as required by a subpoena or a recognizance.

The second version was created to refer to a witness being bound by an undertaking or a release order to appear and give evidence. Under the new streamlined bail terminology, the document used to bind a witness to appear in court is a recognizance.

The terms “undertaking” and “release order” are reserved for bail. The proposed motion removes the second unnecessary version of the form in subclause 347(2).

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, let's move to a vote on LIB-28.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 347 as amended agreed to)

(Clauses 348 to 350 inclusive agreed to on division)

(On clause 351)

That takes us to LIB-29 and clause 351.

Mr. Boissonnault.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Thanks, Mr. Chair.

Subclause 351(3) mistakenly removed references to sections 706 and 707 in the Criminal Code from form 32. The motion adds references to sections 706 and 707, and it also amends subclause 351(3) to include a paragraph on the conditions in effect.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, I'll move to a vote on LIB-29.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 351 as amended agreed to)

(Clause 352 agreed to on division)

(On clause 353)

We move to clause 353 and LIB-30.

Mr. Maloney.

[James Maloney]

Clause 353 creates two versions of form 38. This form is used for the purposes of a conviction for contempt.

The second version was created to refer to a witness being bound by an undertaking or release order to appear and give evidence. Under the new streamlined bail terminology, the document used to bind a witness to appear in court is a recognizance. The terms “undertaking” and “release order” are reserved for bail. The proposed amendment would remove the second unnecessary version of the form by removing subclause 353(2).

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, all those in favour of LIB-30?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 353 as amended agreed to)

(Clause 354 agreed to on division)

The three amendments proposed to create clause 354.1 have essentially already been dealt with and not supported. They would have been tied to NDP-17, X-155 and X-156. I will presume that clause 354.1 will not exist.

(Clauses 355 to 360 inclusive agreed to on division)

(On clause 361)

That takes us to LIB-31 on clause 361.

Mr. McKinnon.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

This is a consequential amendment to LIB-1.

As a result of LIB-1, clause 361 needs to be amended to remove the reference to “section 83.29” to ensure that the provision retains the use of the term “recognizance” after the coming into force of Bill C-75.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Not hearing any discussion, we'll move to a vote on LIB-31.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 361 as amended agreed to)

(On clause 362)

That takes us to clause 362 and LIB-32.

Mr. Boissonnault.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Thanks, Mr. Chair.

This a cleaning up of the number of days in a time frame in which accused persons who elect to be tried by a provincial court judge, or who do not request a preliminary inquiry under section 536.4 may...from “not later than 14 days before the day first appointed for the trial” to “not later than 60 days before the day first appointed for the trial”.

It's cleaning up “15 days” to “14 days”. This amendment would make sure that the correct number of days, 14, is reflected.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Is there any discussion on that?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 362 as amended agreed to)

(Clause 363 agreed to on division)

There is a proposal for a new clause 363.1 in LIB-33.

Mr. Maloney, go ahead.

[James Maloney]

This motion reconciles amendments proposed in Bill C-75 and Bill C-59 to section 83.3, the provision governing the imposition of a terrorism recognizance with conditions. It also takes into consideration the fact that section 83.3 of the Criminal Code will sunset in October.

If C-59 is passed, it would re-enact section 83.3. As such, the motion would deem clause 26 of our bill to never come into force if section 83.3 sunsets and is not otherwise re-enacted through Bill C-59. If section 83.3 is re-enacted, this motion would ensure the new police release terminology is included in it.

[The Chair, Liberal, Anthony Housefather]

Is there any discussion on LIB-33?

(Amendment agreed to [See Minutes of Proceedings])

(On clause 364)

We can now move to LIB-34 and clause 364.

Ms. Khalid.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thanks, Chair.

LIB-34 is really addressing a technical issue. Clause 364 incorrectly uses the word “deemed” instead of “presumed”. This amendment just cleans that up to ensure consistency and minimize confusion.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 364 as amended agreed to)

(Clauses 365 to 381 inclusive agreed to on division)

(On clause 382)

That takes us to clause 382 and LIB-35.

Mr. McKinnon.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Thank you, Chair.

Clause 382 proposes a consequential amendment to subsection 110(2) of the Youth Criminal Justice Act as a result of the proposed repeal of section 75 of the act. Clause 382 incorrectly uses the word “and” at the end of paragraph 110(2)(a) rather than the word “or”.

This amendment would clarify that the exception to the publication ban in subsection 110(1) arises whenever a young person receives an adult sentence or whenever the publication occurs in the course of the administration of justice, and not both.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Is there any discussion on amendment LIB-35?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 382 as amended agreed to)

(Clause 383 agreed to on division)

(On clause 384)

We move to LIB-36 and clause 384.

Mr. Boissonnault.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Thanks, Mr. Chair.

We talked about and's and or's and may's and shall's. Now we have some the's that are missing. We need to add a couple. Clause 384 would be amended to add the word “the” before the word “court” in the phrase “transmission to clerk of court” and before the title “Criminal Code” in proposed subsection 135(6).

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 384 as amended agreed to)

(Clauses 385 and 386 agreed to on division)

We move to PV-46 for a proposal for 386.1.

Ms. May, go ahead.