Evidence of meeting #27 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 ruling.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Levman  Senior Counsel, Criminal Law Policy Section, Department of Justice
Burt  Counsel, Criminal Law Policy Section, Department of Justice
Taylor  Senior General Counsel and Director General, Criminal Law Policy Section, Department of Justice
Wong  General counsel, As an Individual
Legault  Legislative Clerk
Ellison  Counsel, Criminal Law Policy Section, Policy Sector, Department of Justice

5:10 p.m.

Conservative

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

I challenge that, Mr. Chair.

The Chair Liberal James Maloney

Mr. Lawton.

5:10 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

I'd like to comment on this.

I cited earlier the comments from the minister on this. May I ask whether you considered those in making your decision?

What's happening now is that you are making rulings that.... Our attempt is to do what the minister claims this bill is supposed to do, which is restore mandatory minimums to the Criminal Code. You're making that impossible by not even allowing debate or a vote on these. It would be helpful to know what you relied on in reaching this series of out-of-scope declarations.

The Chair Liberal James Maloney

I read the amendment. I read the rules. I considered all information that I consider relevant, including listening to you and Mr. Brock today, Mr. Lawton.

5:10 p.m.

Conservative

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

How about the minister? Did you rely upon the minister?

The Chair Liberal James Maloney

I think that's encompassed in Mr. Lawton's comments, but thank you.

5:10 p.m.

Conservative

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

Is that a yes or a no, Mr. Chair?

The Chair Liberal James Maloney

I've made my ruling, so—

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

Mr. Chair, did you take into consideration the Minister of Justice's comments?

The Chair Liberal James Maloney

I just answered that question, Mr. Brock, in response to Mr. Lawton's question, so yes.

CPC-8 can't be moved at all because it's identical to CPC-6. That takes us to CPC-9, which is identical to CPC-5, which was also ruled out of scope.

(On clause 4)

We're now on PV-2.

Ms. May.

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair. I hope this lightens the mood and makes your heart glad. If—

5:10 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

I have a point of order.

I feel like we breezed past clause 3.1.

The Chair Liberal James Maloney

No, we voted on clause 3. All of these proposed amendments that we just went through were proposing a new clause. Because they were ruled out of scope—

5:10 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

Was G-2 not adopted as part of clause 3.1? Did G-2 not establish the creation of clause 3.1?

The Chair Liberal James Maloney

The amendment itself created the new clause. We don't need to vote on it again, but thank you.

Ms. May, you had the floor.

Elizabeth May Green Saanich—Gulf Islands, BC

I'm in an awkward position here, so I'm going to look to you for guidance.

Now that Mr. Housefather has again drawn my attention to G-35, I've been considering it before showing up here today. I am encouraged to see the government effort, as Mr. Housefather has put it, to study it and consider. I know I have a lot of amendments, 11 amendments, to one point only. Under the terms of the motion passed by this committee—not to belabour the point—I have no rights here to suggest that I'd like to withdraw my amendments, knowing that G-35 may actually solve the problem and mean that the voices of so many wonderful groups, like the seniors organizations, the Canadian Network for the Prevention of Elder Abuse and so on, have been heard. If I had the right, I would now say that I would like to withdraw my amendments to save the committee time, because I can confidently expect—I think, but I don't assume—that all my amendments will be defeated. There's no point in taking the committee's time for that, now that I'm particularly encouraged by G-35.

Mr. Chair, they are deemed moved. I'm not allowed to do anything about them at this stage.

The Chair Liberal James Maloney

I believe that if I get unanimous consent from the voting members of the committee, it can be withdrawn.

Elizabeth May Green Saanich—Gulf Islands, BC

That's correct. I request that the committee consider withdrawing all of my amendments. They all speak to the same point.

The Chair Liberal James Maloney

Is everybody clear on that? Do I have unanimous consent from the committee to have all of the Green Party-proposed amendments withdrawn?

Some hon. members

Agreed.

The Chair Liberal James Maloney

(Amendments withdrawn)

Thank you, Ms. May.

Shall clauses 4 and 5 carry?

(Clauses 4 and 5 agreed to)

(On clause 6)

We're into clause 6.

We'll go to G-3, which is Ms. Lattanzio.

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

Ms. Dhillon will speak to this.

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

It's to amend the bill by replacing line 11 on page 3 with the following:

“sexual organs” includes genital organs

The Chair Liberal James Maloney

Are there any comments on G-3?

Shall G-3 carry?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 6 as amended agreed to)

(Clauses 7 to 11 agreed to)

(On clause 12)

We're on clause 12, which is NDP-2.

Ms. Gazan, I believe that's yours.

Leah Gazan NDP Winnipeg Centre, MB

Can I speak to this, Chair?