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

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

I'm sorry, I thought we'd already voted —

The Chair Liberal James Maloney

Shall G-22 carry?

(Amendment agreed to [See Minutes of Proceedings])

We're now on G-22.1.

Ms. Khalid.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Amendment G-22.1 is a technical amendment. It corrects a linguistic inconsistency to reflect the policy intent of the legislation to protect victims and create efficiencies in sexual offence proceedings.

The amendment, if passed, would restore the existing procedure for service to the complainant at stage two.

The Chair Liberal James Maloney

Thank you.

Shall G-22.1 carry?

(Amendment agreed to [See Minutes of Proceedings])

We are now on G-23.

Ms. Lattanzio.

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

Again, Mr. Chair, this is a technical amendment, as previously stated in G-20.

The Chair Liberal James Maloney

Thank you.

Shall G-23 carry?

(Amendment agreed to [See Minutes of Proceedings])

We are now on NDP-15.

It's back to you, Ms. Kwan.

Jenny Kwan NDP Vancouver East, BC

Thank you, Mr. Chair.

NDP-15 is related to an earlier NDP amendment. This amendment provides complainants with a clear statutory right to counsel from the outset of the joint application process.

The Chair Liberal James Maloney

Thank you.

Mr. Baber.

11:30 a.m.

Conservative

Roman Baber Conservative York Centre, ON

I just want to assist my friend from the NDP.

Mr. Ellison, the complainant generally has the right to be represented by counsel. Does my friend try to allude to standing? Is that the issue here? In that case, maybe this amendment should be reconsidered.

11:30 a.m.

Counsel, Criminal Law Policy Section, Policy Sector, Department of Justice

Michael Ellison

This is essentially identical to NDP-11 within the context of the sexual history regime. That carried, I believe. Here it's within the joint application procedure that's being proposed for admissibility of private records and not therapeutic records.

The department's position is that the complainant does have standing and has the ability to be represented by counsel, because it is a joint procedure where the Crown, defence and the complainant must agree in order to take advantage of the procedure. This would simply clarify that the complainant has that right, because of course it is relatively unusual for a complainant to have standing. It is intended within the joint application procedure.

11:30 a.m.

Conservative

Roman Baber Conservative York Centre, ON

Thank you.

The Chair Liberal James Maloney

Thank you.

Shall NDP-15 carry?

(Amendment agreed to [See Minutes of Proceedings])

We will now go to G-24.

Ms. Lattanzio.

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

Thank you, Mr. Chair.

Again, it is the same technical amendment that was brought forward for G-17.

The Chair Liberal James Maloney

Thank you.

Shall G-24 carry?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 34 as amended agreed to)

(On clause 35)

This takes us to proposed amendment G-25.

Anthony Housefather Liberal Mount Royal, QC

Thank you, Mr. Chair.

This amendment basically would ensure that the human trafficking provisions require consideration of two additional factors that we just agreed to in previous amendments. It is related to threatening to use “violence against any animal known to” the victim as opposed to just one owned by the victim; and damaging, threatening or attempting to damage the victim's property “or the property of anyone known to” them.

Basically, we're adding two factors that we had agreed to in previous amendments.

The Chair Liberal James Maloney

Shall G-25 carry?

(Amendment agreed to [See Minutes of Proceedings])

(Clause 35 as amended agreed to)

(Clause 36 agreed to)

New clause 36.1 is being proposed in CPC-20.

I have reviewed amendment CPC-20 and have deemed it out of scope.

11:35 a.m.

Conservative

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

I challenge the chair.

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

(On clause 37)

The Chair Liberal James Maloney

This takes us to CPC-21.

11:35 a.m.

Conservative

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

You ruled it out of order.

The Chair Liberal James Maloney

No. That was CPC-20.

11:35 a.m.

Conservative

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

I'm sorry. I thought it was CPC-21.

The Chair Liberal James Maloney

That's unless you want me to rule that one out of order.

11:35 a.m.

Conservative

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

I hope you don't rule CPC-21 out of order.

The Chair Liberal James Maloney

I'm not. That's why I'm asking you to speak to it.

11:35 a.m.

Conservative

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

Isn't that interesting?