Justice Committee on March 18th, 2024

[The Chair, Liberal, Lena Metlege Diab]

Thank you.

Shall the subamendment carry?

(Subamendment negatived: nays 10; yeas 1 [See Minutes of Proceedings])

Now we're back on the amendment. Shall G-2 carry?

(Amendment agreed to: yeas 6; nays 5 [See Minutes of Proceedings])

G-2 carries. As a result, BQ-1, BQ-2, BQ-3, LIB-1, BQ-4, BQ-5, CPC-1 and BQ-6 cannot be moved. Since G-2 is adopted, we'll now proceed with the question on clause 1.

Shall clause 1 carry?

(Clause 1 as amended agreed to on division)

We're on new clause 2 and G-3.

Would a member please move it?

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

I so move.

[The Chair, Liberal, Lena Metlege Diab]

Shall G-3 carry?

Mr. Caputo.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

I'm sorry. I know everybody wants to get going, but given my experience, the two most common offences that this section applies to are not listed here. Assault, which is in section 266, and uttering threats, which is in section 264.1, in the context of intimate partner violence, are the times when, in my experience, these orders are sought. There's also potentially section 267, which is assault with a weapon or causing bodily harm.

I'm not sure if the Liberals would see this as a friendly subamendment, but I would include those.

[The Chair, Liberal, Lena Metlege Diab]

It sounds like you are proposing a subamendment. It would need to be provided in writing, to be frank.

Can you repeat it again? I'm going to ask the officials to comment on what you just said.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

After “264.01”, add section 264.1. Sections 266 and 267 should be there as well.

[The Chair, Liberal, Lena Metlege Diab]

Ms. Levman, is what he said enough for you to provide us with a bit of an explanation, or should he repeat it?

Would you repeat that again, Mr. Caputo? What is it that you would like us to consider adding?

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

I think Ms. Levman is good.

I think if we're changing the bill, we should just add the offences that this section uses most.

[The Chair, Liberal, Lena Metlege Diab]

Ms. Levman.

[Nathalie Levman]

Proposed subsection 486.3(2) is a provision that prohibits the accused from cross-examining witnesses in cases involving certain offences. The existing list in the law as it is today includes criminal harassment and the three sexual assault offences. This is to try to minimize revictimization of the victims through court processes. We know that sometimes abusers seek to cross-examine victims in order to continue their abuse of them, so this would prevent that. This is a consequential amendment, so all it does is drop proposed section 264.01 into this subsection.

I understand the proposal is to fairly significantly expand it by including uttering threats, proposed section 264.01 and two of the three assault offences—assault simpliciter and assault causing bodily harm. I understand that the intention is to prevent people who are accused of intimate partner violence from cross-examining victims when they are charged with assault offences. However, the amendment would apply far more broadly than that to all assaults and all uttering of threats, regardless of the relationship between the accused and the victim. Again, this is a consequential amendment in relation to the proposed coercive control offence.

[The Chair, Liberal, Lena Metlege Diab]

Mr. Caputo, before you start, we're checking with the interpreters to see how many minutes we have, because it's beyond one o'clock.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

I'll be very quick.

We are beyond one o'clock, and it would seem as though we're getting into territory that, according to the experts, may not have been contemplated and we didn't hear from witnesses on. I'm not sure if my subamendment was formally moved, but I'll withdraw it if it was not, given what we've heard.

[The Chair, Liberal, Lena Metlege Diab]

Shall G-3 carry?

(Amendment agreed to [See Minutes of Proceedings])

We are on new clause 3 and G-4.

(Amendment agreed to [See Minutes of Proceedings])

Can I group the rest together or should we go through them separately? Is there unanimous consent?

[Some hon. members]

Agreed.

[The Chair, Liberal, Lena Metlege Diab]

We have G-5, G-6, G-7, G-8, G-9, G-10, G-11, G-12 and G-13, which are all moved by Mr. Maloney.

Thank you, Mr. Maloney.

(Amendments agreed to [See Minutes of Proceedings])

I'll go to G-14, on the title. I'll ask for G-14 to be moved.

G-14 is now moved.

(Amendment agreed to [See Minutes of Proceedings])

Shall the title as amended carry?

[Some hon. members]

Agreed.

[The Chair, Liberal, Lena Metlege Diab]

Shall the bill as amended carry?

[Some hon. members]

Agreed.

[The Chair, Liberal, Lena Metlege Diab]

Go ahead, Mr. Garrison.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

I'll take one moment, on behalf of the committee, to thank all survivors who came forward, whether in consultations or at committee, to tell their stories. This is a result of the bravery they've shown, and I know we all wish to thank them.

[Some hon. members]

Hear, hear!

[The Chair, Liberal, Lena Metlege Diab]

Shall the chair report the bill, as amended, to the House?

[Some hon. members]

Agreed.

[The Chair, Liberal, Lena Metlege Diab]

Shall the committee order a reprint of the bill, as amended, for the use of the House at report stage?

[Some hon. members]

Agreed.