Evidence of meeting #28 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 clause.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Ellison  Counsel, Criminal Law Policy Section, Policy Sector, Department of Justice
Taylor  Senior General Counsel and Director General, Criminal Law Policy Section, Department of Justice
Levman  Senior Counsel, Criminal Law Policy Section, Department of Justice
Burt  Counsel, Criminal Law Policy Section, Department of Justice
Sigouin  Counsel, Criminal Law Policy Section, Department of Justice
Matt MacMillan  Director Military Justice Implementation, Office of the Judge Advocate General, Canadian Armed Forces, Department of National Defence

Voices

Oh, oh!

The Chair Liberal James Maloney

We're going to suspend and then come back.

The Chair Liberal James Maloney

I call the meeting back to order.

We have two items that we deferred.

(On clause 37)

I'll start with clause 37, which was CPC-21. We deferred that until the end. I've looked at this again, and I looked at my notes again. It appears that I have caused some confusion.

This amendment is indeed out of scope. I recognized this once the submissions had started, and I didn't want to interrupt, out of fairness. I've looked at the rules of practice and procedure. I am within my rights, and it's within the rules that I can rule it out of scope prior to its being voted on, so that is what I'm doing with respect to CPC-21.

5:30 p.m.

Conservative

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

I have a point of clarification here. You ruled that it was in order. I expressed surprise that the chair did that in light of your previous rulings. You gave me the floor. This committee heard robust submissions from me, from Mr. Baber and, I believe, from Mr. Gill.

Several Liberal members, in the spirit of collaboration.... The Prime Minister is quite proud of saying that his new Liberal government, notwithstanding the manufactured majority, is prepared to work with opposition. I was optimistic. In fact, if you recall, Chair, I was thanking my Liberal colleagues for even considering the prospect of supporting this.

I had discussions with the parliamentary secretary. We agreed to afford the Liberal Party members as much time as they needed to contemplate their position. Literally 10 minutes ago, I asked the parliamentary secretary if she had landed on a position. She said, “No, wait and see.”

Now you drop this bomb on our lap, Chair, reversing your earlier decision to rule it within scope. I am extremely disappointed.

The Chair Liberal James Maloney

Mr. Brock, I understand the source of your disappointment. I apologize again for any confusion that was caused on my part. Notwithstanding that, the rules are quite clear that I have the authority to rule it out of scope prior to the vote, and that is what I am doing. I apologize again for the confusion, but that's my ruling.

Mr. Brock, you said it again yourself now. You expressed surprise when I did allow it to proceed earlier. I apologize, but that's the ruling. The option is to challenge the ruling or we can move on.

5:30 p.m.

Conservative

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

Of course I'll challenge the ruling.

The Chair Liberal James Maloney

Okay.

(Ruling of the chair sustained: yeas 7; nays 4)

(Clause 37 agreed to)

(On clause 63)

The Chair Liberal James Maloney

Now we're back to CPC-23.

Mr. Brock, I believe it is your subamendment.

5:35 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I believe that, first, we're disposing of Mr. Brock's subamendment, and then a further subamendment, if there is one.

The Chair Liberal James Maloney

That's what I just said.

5:35 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I'm sorry.

The Chair Liberal James Maloney

Are we going to vote on Mr. Brock's subamendment?

Iqra Khalid Liberal Mississauga—Erin Mills, ON

I'm sorry. I'd like clarification, Chair.

The Chair Liberal James Maloney

Perhaps we can clarify this for the members who weren't here earlier.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

I thought Mr. Brock withdrew his subamendment. Did he withdraw CPC-24?

The Chair Liberal James Maloney

He withdrew CPC-24.

We'll go to the vote.

(Subamendment negatived: nays 6; yeas 5 [See Minutes of Proceedings])

The Chair Liberal James Maloney

Mr. Baber, there's another amendment. Is that what you're telling me?

5:35 p.m.

Conservative

Roman Baber Conservative York Centre, ON

It's a subamendment.

The Chair Liberal James Maloney

Mr. Mantle.

5:35 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

I would like to move a subamendment to CPC-23.

It's to strike out everything after “(1.1)” in that amendment and replace it with the following:

In determining the constitutionality of any mandatory minimum penalties, the courts shall not consider reasonable hypotheticals.

The Chair Liberal James Maloney

Do you have this in writing?

5:35 p.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

We will have it in writing momentarily.

Could we suspend briefly?

The Chair Liberal James Maloney

Yes. We're suspended.

6 p.m.

Liberal

The Chair Liberal James Maloney

Everybody has the subamendment received by email.

6 p.m.

Liberal

Marilyn Gladu Liberal Sarnia—Lambton—Bkejwanong, ON

Yes.