Evidence of meeting #68 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 vote.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Carole Morency  Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
Greg Yost  Counsel, Criminal Law Policy Section, Department of Justice
Lyne Casavant  Committee Researcher
Joanna Wells  Counsel, Criminal Law Policy Section, Department of Justice
Philippe Méla  Legislative Clerk

8 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

This couldn't be managed effectively and provide an additional level of protection for the individual...I think is clear would be advisable. The committee heard testimony to that effect as well.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

We will now move to a vote on NDP-5.

(Amendment negatived on division [See Minutes of Proceedings])

On Liberal-10, we have Mr. Fraser.

8 p.m.

Liberal

Colin Fraser Liberal West Nova, NS

This is basically intended to limit the use of the information collected to make it related to drugs or alcohol with regard to the reason that information is kept.

The purpose of this was to limit the scope within which the information obtained would be utilized, so that it would be utilized only in cases of drugs or alcohol. Currently, it says “a federal or provincial Act”, but that may go outside of the scope of drugs or alcohol, which is the purpose for which it should be used.

I feel that this reins in the scope of what the actual information can be obtained and used for.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Or the operation of a conveyance....

8 p.m.

Liberal

Colin Fraser Liberal West Nova, NS

That's correct.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Mr. Nicholson, go ahead.

8 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

I agree with Mr. Fraser on this one.

I just have a point of information. It says “provincial Act related to drugs or alcohol”. Would it be necessary to say “and/or alcohol” and “and/or vessels”? They are not just separate; sometimes they are combined.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Let's ask the department.

Is there a distinction in the wording based on whether we put “and/or” or just “or”?

8 p.m.

Counsel, Criminal Law Policy Section, Department of Justice

Greg Yost

I don't believe it causes a difficulty to say “drugs or alcohol”. If they are combined, one or the other would cover it.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Is there a problem if we say “and/or”? Does it create a drafting issue?

October 4th, 2017 / 8 p.m.

Counsel, Criminal Law Policy Section, Department of Justice

Greg Yost

I don't believe so.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Okay.

Is this a friendly amendment?

8 p.m.

Liberal

Colin Fraser Liberal West Nova, NS

I would be happy to accept the friendly amendment.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Would that be “and/or to the operation of a motor vehicle”, too?

8 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Yes, please.

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Okay, so two “ands” are now added to line 2 of the amendment.

It will now read, “enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.”

We'll move to a vote on LIB-10, as amended. It was a friendly amendment.

(Amendment agreed to [See Minutes of Proceedings])

PV-5 was withdrawn, so we now move to Liberal-11.

Ms. Khalid, go ahead.

8 p.m.

Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Liberal-11 basically seeks to work on the definition of what is an analyst. I think that it is not broad enough. As it is currently drafted, it talks about breath samples and blood samples, but I think the intent is to encompass all bodily substances, and an analyst should be able to do that. The amendment basically seeks to broaden what an analyst can be with regard to the act.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 15 as amended agreed to on division)

8 p.m.

Liberal

The Chair Liberal Anthony Housefather

Colleagues, would you mind if we group clauses 16 to 31 together and agree to vote on them all at once?

(Clauses 16 to 31 inclusive agreed to)

8:05 p.m.

Liberal

The Chair Liberal Anthony Housefather

Now we move to NDP-6.

8:05 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Thank you very much, Mr. Chair.

I would like to say I enjoyed enormously being with the committee this evening.

8:05 p.m.

Liberal

The Chair Liberal Anthony Housefather

It was great having you here.

8:05 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

You are very welcoming, and, Mr. Chair, you do a very good job of guiding us through each of the votes. Not all committee chairs do that, actually making sure everyone understands which amendment we're on, so thank you for your good work.

8:05 p.m.

Liberal

The Chair Liberal Anthony Housefather

You're welcome, but before you begin, Mr. Julian, I just have a small question for you. In this amendment you used the word “Minister”, and the minister is not defined in the act. My belief is you mean the Minister of Justice and Attorney General of Canada?

8:05 p.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Yes.

8:05 p.m.

Liberal

The Chair Liberal Anthony Housefather

Would you agree that where we say “Minister”, you would accept a friendly amendment to say “Minister of Justice and Attorney General of Canada” so we clarify that?