Colleagues, I have a legalistic thing that I have to get out there, which I should have said before Mr. Warawa started speaking.
Mr. Warawa's motion, in the name of Mr. Cooper, is perfectly receivable—don't get me wrong. The issue is that it also touches subsection 255(3.2), amending subsection 254(5). Basically, it deals with a refusal to comply, and CPC-13 deals with the orders that a police officer needs to give if somebody refuses to comply. CPC-4 cross-references sections of CPC-13. For example, under proposed subsection 255(3.21), it talks about somebody “who commits an offence under subsection 254(5) [and] who provides samples under subparagraph 320.271(c)(ii)”. This relates to CPC-13, so my belief is that the two are linked.
I would suggest that the correct means is to also look at CPC-13, and that our vote should encompass both CPC-4 and CPC-13, because CPC-13 can't be adopted in the absence of CPC-4—unless it's amended, which you can do. If CPC-4 is amended, referencing sections of CPC-13, and then CPC-13 isn't adopted, we have a reference to something that doesn't exist.
I should have given this ruling before. Again, I apologize.
Mr. Julian.