Justice Committee on Oct. 29th, 2018

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

This, Mr. McKinnon, is my last amendment, but thank you for your comment earlier for my penultimate amendment.

This act has a lot of novel provisions. It's appropriate in such legislation to have a review. This amendment proposes two time frames: that within one year of royal assent, the Minister of Justice provide a report to the House of Commons on how the bill is progressing and how the new provisions are being used; and that within five years, a full review be conducted of the operation of the amendments made to this act in C-75. A five-year review isn't unusual and I think it's very wise in view of the number of changes that have been made in this bill.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

Is there any discussion on PV-46?

(Amendment negatived [See Minutes of Proceedings])

(Clauses 387 and 388 agreed to on division)

(On clause 389)

We will move to LIB-37.

Mr. Maloney.

[James Maloney]

Thanks, Mr. Chair.

I think everybody will agree with me that if we're going to amend legislation, we amend the right one. Clause 389 incorrectly proposed to amend section 5 of “An Act to amend the the Criminal Code”. The correct legislation references “An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts” in Bill C-75.

This amendment would correct that error.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 389 as amended agreed to)

(Clauses 390 to 399 inclusive agreed to on division)

(On clause 400)

We'll now go to LIB-38.

Ms. Khalid.

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

Thank you, Chair.

Clause 400 amends subsections 50(4) and (5) of the Contraventions Act to reflect these changes. In doing so, it inadvertently omits from these provisions the concept of failing to attend court in accordance with a summons, appearance notice, undertaking or release order.

This motion would address that oversight in drafting.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 400 as amended agreed to)

(Clauses 401 to 403 inclusive agreed to on division).

We now go to LIB-39, which proposes new clause 403.1.

Mr. McKinnon.

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

Thanks, Chair.

This amendment creates new clause 403.1 to amend the Cannabis Act to no longer require that warrants be endorsed by a justice for out-of-province execution of warrants. Under the Cannabis Act, a warrant issued in one province that is to be executed in another must be endorsed by a justice of the second jurisdiction before it is executed. This amendment would align the requirements for warrants issued under the Cannabis Act with those issued under the Criminal Code and the CDSA.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clauses 404 and 405 agreed to on division)

On clause 406, amendment LIB-40 was dealt with under LIB-4. That's again removing numbers, so that's okay. It's already adopted pursuant to our earlier discussion on the principal provision.

(Clause 406 as amended agreed to on division)

(On clause 407)

Our next amendment is LIB-41.

Mr. Fraser.

[Colin Fraser, Liberal, West Nova, NS]

Thank you, Mr. Chair.

The amendment modifies the coordinating amendment in subclause 407(5) to reflect the changes made by the Standing Committee on Public Safety and National Security to section 83.221 in Bill C-59, the national security act, 2017. This amendment ensures that the amendments made to section 83.221 during committee study of Bill C-59 are reflected in Bill C-75.

[The Chair, Liberal, Anthony Housefather]

Thank you very much, Mr. Fraser.

(Amendment agreed to [See Minutes of Proceedings])

Amendment LIB-42 relates to the deletion of clause 25.

Mr. Fraser.

[Colin Fraser, Liberal, West Nova, NS]

The amendment repeals subclause 407(6). It's a coordinating amendment.

In making the amendment, clause 25 inadvertently replaced the term “recognizance” in subsection 83.29(3) with the term “release order”. This amendment deletes the coordinating amendment in subclause 407(6), which would no longer be necessary if amendment LIB-1 were carried. It was carried, and therefore this amendment is put forward for that purpose.

[The Chair, Liberal, Anthony Housefather]

That's correct.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 407 as amended agreed to)

(Clause 408 agreed to on division)

(On clause 409)

Amendment LIB-43 is not consequential to anything we've done yet, is it?

This is a new amendment that is consequential, but it's not adopted by virtue of earlier decisions. I think those are the words I wanted to find.

Mr. Maloney.

[James Maloney]

Clause 409 specifies which clauses would come into force 90 days after the day on which the bill receives royal assent. The list of clauses should be amended to reflect the changes made to Bill C-75 by the motions to amend. This motion updates the list accordingly.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 409 as amended agreed to)

(On clause 410)

In amendment LIB-44 we have coming-into-force changes consequential to other amendments. Again, it has to be dealt with because it's not adopted by virtue of previous decisions.

Mr. Boissonnault.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Thanks, Chair.

Exactly to that point, clause 410 specifies which clauses would come into force 180 days after the bill receives royal assent. This list would amend to reflect changes made to Bill C-75. I can go through the list, should any members require.

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

As I understand it, if LIB-44 is adopted, LIB-45 would not be moved. I believe it was an option in case clause 25 was not repealed.

First we'll deal with LIB-44, and then we'll come back to the question of LIB-45.

Is there any discussion on LIB-44?

(Amendment agreed to [See Minutes of Proceedings])

Then there's the question of LIB-45.

To the officials, my understanding of LIB-45 is that it was an option if clause 25 had not been repealed, and I should not be receiving it if clause 25 was repealed.

[Matthew Taylor]

Correct, that was LIB-1.

[The Chair, Liberal, Anthony Housefather]

Basically, we're now at a point where clause 410 as amended by LIB-44 would be voted on.

(Clause 410 as amended agreed to)

[The Chair, Liberal, Anthony Housefather]

Amendment X-157 is related to a previous amendment related to the juries. That was not adopted or even moved, so this falls.

We're now at the point of voting on the bill itself.

Should the title of the bill carry?

[Some hon. members]

Agreed.

[Murray Rankin, NDP, Victoria, BC]

On division.

[The Chair, Liberal, Anthony Housefather]

Shall the bill as amended carry?

[Some hon. members]

Agreed.

[Murray Rankin, NDP, Victoria, BC]

On division.

[The Chair, Liberal, Anthony Housefather]

May the chair, one of the vice-chairs, or another member of the committee report the bill as amended to the House?