Evidence of meeting #12 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Symonds  Director, Engagement and Justice Initiatives, African Nova Scotian Justice Institute
Van Geyn  Litigation Director, Canadian Constitution Foundation
Flores Echaiz  Lawyer, Ligue des droits et libertés
Khelil  spokesperson, Ligue des droits et libertés
Lee  Lawyer, The Canadian Bar Association
Brown  Mayor, City of Brampton
Johnson  Deputy Chief of Police, Toronto Police Service
Beisel-Cobb  Accounts Receivable, Western Financial Group, As an Individual
Alexander  Founder, End Violence Everywhere
Broadfoot  As an Individual
Wamback  Co-Founder, Canadian Crime Victim Foundation

The Chair Liberal Marc Miller

Yes, that’s correct.

We will read it in French.

Rhéal Fortin Bloc Rivière-du-Nord, QC

Whether it’s read in French or in English doesn’t bother me. I just want to be sure that we are voting on the amendment proposed by Ms. Lattanzio.

The Chair Liberal Marc Miller

We are voting on the final amended motion.

Rhéal Fortin Bloc Rivière-du-Nord, QC

In the initial motion we received, it was stated that the committee would call on the government to invoke the notwithstanding clause. However, according to Ms. Lattanzio’s amendment, the committee would instead call on the government to “table legislation to address child sexual exploitation” and so on.

It is on this that we are voting, and not on what has just been read.

Is that right?

The Chair Liberal Marc Miller

Yes, that’s right.

Rhéal Fortin Bloc Rivière-du-Nord, QC

The proposed amendment will be included, otherwise—

The Chair Liberal Marc Miller

Let’s read the amended motion in full. That is what we will vote on.

While we’re at it, I would ask you to read it in French, Mr. Clerk.

The Clerk

Thank you, Mr. Chair.

Here is the motion as amended:

That, given that the Supreme Court of Canada removed mandatory minimum sentences for offences related to child sexual exploitation, and incorrectly ruled that these mandatory minimum sentences were cruel and unusual; and given that the premiers of Alberta, Saskatchewan, and Ontario, as well as the Leader of the Official Opposition in Manitoba, have all publicly called for the use of the notwithstanding clause to overturn this decision; the committee call on the government to table legislation to address child sexual exploitation reaffirming Parliament’s unwavering commitment to protecting children and ensuring that offenders face the toughest sentences that our justice system allows, provided that the government table its legislative response to this Supreme Court of Canada ruling before the end of 2025, and that this motion be reported to the House.

Rhéal Fortin Bloc Rivière-du-Nord, QC

I’m fine with that.

Mr. Chair, I would like to propose an amendment to this motion.

Should I do it now or once we have adopted it?

The Chair Liberal Marc Miller

It would need to be done now.

Rhéal Fortin Bloc Rivière-du-Nord, QC

Okay.

I therefore propose to strike the word “incorrectly” in the first paragraph, so it reads as follows: “…mandatory minimum sentences for offences related to child sexual exploitation, and ruled that these mandatory minimum sentences were cruel and unusual”.

I do not think our committee should tell the Supreme Court judges that they made an incorrect ruling. That seems a bit awkward to me. I would remove the word “incorrectly”. It doesn’t change the essence of the motion, but it removes that…

Do you agree, Patricia?

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

[Inaudible—Editor] judges.

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

I'm going to have to agree with that, Chair.

The Chair Liberal Marc Miller

Okay. We can formally or informally.... It looks like the committee unanimously agrees to remove that language—

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

“Erroneously” and “erronément”. Yes.

The Chair Liberal Marc Miller

It's the word “incorrectly” in English.

In French, this would correspond to the words “de façon erronée”.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Yes.

(Amendment agreed to [See Minutes of Proceedings])

The Chair Liberal Marc Miller

Again, we'll do a full reread for the purposes of the vote. I'll ask the clerk to do so. It will sound exactly how it sounded in the last couple of rounds, except it will remove the words “incorrectly” and “erronément.

Mr. Clerk, you have the floor.

The Clerk

Thank you, Mr. Chair.

The motion as amended reads as follows:

That, given that the Supreme Court of Canada removed mandatory minimum sentences for offences related to child sexual exploitation, and ruled that these mandatory minimum sentences were cruel and unusual;

And given that the premiers of Alberta, Saskatchewan, and Ontario, as well as the Leader of the Official Opposition in Manitoba, have all publicly called for the use of the notwithstanding clause to overturn this decision;

The committee call on the government to table legislation to address sexual exploitation, reaffirming Parliament's unwavering commitment to protecting children and ensuring that offenders face the toughest sentences that our justice system allows, provided that the government table its legislative response to this Supreme Court of Canada ruling before the end of 2025, and that this motion be reported to the House.

The Chair Liberal Marc Miller

I want to make sure everyone understood that for the purposes of the vote, just to be entirely clear. I don't see any heads nodding in the wrong direction, so I'll assume that is a yes.

We can have debate or proceed directly to a vote.

(Motion as amended agreed to)

4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

The original motion as amended is now carried, not just the amendment.

The Chair Liberal Marc Miller

There's a misunderstanding here.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

We were supposed to vote on the amendment.

The Chair Liberal Marc Miller

Not on the motion as amended?

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

We have to go to the main motion once everything is complete.

Can we suspend, Mr. Chair?