Evidence of meeting #49 for Justice and Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was group.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Glenn Gilmour  Counsel, Criminal Law Policy Section, Department of Justice

3:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

I'm prepared to take a friendly amendment, but I guess—

3:40 p.m.

Liberal

The Chair Liberal Anthony Housefather

I just want to point out to you again that some of them aren't here and that you won't be able to further amend this to either remove “gender identity” or to add “gender expression” or to add “age”, “sex”, “mental or physical disability”.

I'm just pointing out that you guys are the ones to do this: I can't amend it.

3:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

“Gender expression” would be fine. The problem is that it becomes too broad after awhile. You know what I mean: you get hate crimes against, I don't know, older people, younger people.... You know what I mean.

3:40 p.m.

Liberal

The Chair Liberal Anthony Housefather

It's just that this is what is there now.

3:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

I know. It's supposed to be very specific to what—

3:40 p.m.

Liberal

The Chair Liberal Anthony Housefather

Yes. It's just that when all these other sections in the Criminal Code have this list, it would be odd, I think, to have a different list.

3:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

I guess so, yes—a hate crime against....

3:40 p.m.

Liberal

Colin Fraser Liberal West Nova, NS

Consistency is rather important with these things; I take your point.

3:45 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

All right. I guess I left it based upon—

3:45 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

I'll make the movement that it be expanded to include everything—

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Including age, sex, mental or physical disability, and gender expression.

3:45 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

—the works.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Perfect. That at least means that we don't have to worry about those other amendments, if this....

I'll just consider that the mover has changed his motion. The mover has basically changed his motion; it's not an amendment, because he's putting it on the floor.

Basically, just for the purposes of the mover, he has now added “age”, “sex”, “mental or physical disability”, and “gender expression” to this list. That follows groups under paragraph (b) of the amendment, and that's what we are now going to vote on.

Let's move to a vote.

(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])

Now, I understand, Mr. MacGregor, that you're not putting forward amendment NDP-2—

3:45 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

That's right. I'm not.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

—which would mean we should skip to amendment NDP-3, if you're bringing it forward.

I'll wait and give you the chance to decide.

3:45 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Yes. It will be amendment NDP-3.

It's a pretty straightforward amendment. As you can see, it seeks to replace, in clause 1, line 11 on page 1 with the following:

or ethnic origin, gender identity, gender expression or sexual orientation.

I just refer to my party's main critic, Randall Garrison, when he gave his second reading speech in the House. His main point was to make sure that we add that important “gender expression” here to make the wording consistent with that of Bill C-16. We feel that adding “gender expression” does that to this bill.

That's what I have to say about it, Mr. Chair.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Mr. Bittle.

3:45 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Thank you very much, Mr. Chair.

I'd like to thank Mr. MacGregor for bringing forward this amendment. It's a goal that I want to see, and I want to see it eventually in the legislation, but I think it can be better accomplished through the coordinating amendment that's being proposed later. The same outcome will be achieved when Bill C-16 eventually makes its way through the Senate.

That's the only reason I would be opposing this. It is something that I expect will be there, and I think most of us agree it should be there.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Mr. Falk.

3:45 p.m.

Conservative

Ted Falk Conservative Provencher, MB

I think too that the coordinating amendment that's coming addresses this issue.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Are we okay to go to a vote, Mr. MacGregor?

3:45 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Yes.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Let's go to a vote.

(Amendment negatived [See Minutes of Proceedings])

Next we move to amendment LIB-1.

Mr. McKinnon.

3:45 p.m.

Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

I don't have a lot to say about this. I just want to add these groups that were missing from the original bill, with the expectation that it will be fleshed out further once the coordinating amendment comes along.

3:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Is there any other discussion?

Mr. Bittle.