Evidence of meeting #1 for Subcommittee on Private Members' Business in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was section.
A recording is available from Parliament.
11:25 a.m.
Committee Researcher
This bill will amend the Criminal Code in order to create a new offence in respect of mischief in relation to war memorials and cenotaphs.
This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Committee Researcher
This bill will amend the Importation of Intoxicating Liquors Act in order to allow individuals to import wine for their personal use from one province to another.
This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Committee Researcher
This bill will enact the Purple Day Act in order to designate March 26 every year as “Purple Day”, to increase public awareness about epilepsy.
This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Liberal
Stéphane Dion Liberal Saint-Laurent—Cartierville, QC
Have you checked if March 26 is already occupied by another celebration? I don't have enough days for--
11:30 a.m.
Conservative
The Chair Conservative Harold Albrecht
Exactly. We need a motion to extend the year by a couple of days.
11:30 a.m.
Committee Researcher
A single day could involve several events. In any case, that would not make the bill unconstitutional.
11:30 a.m.
Conservative
The Chair Conservative Harold Albrecht
Are there any other concerns? Okay. Bill C-278 is considered votable.
Next is Motion No. 269.
11:30 a.m.
Committee Researcher
Motion No. 269 is a motion calling upon the House of Commons to express its opinion in regard to improving financial literacy in Canada.
This motion does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as the ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Conservative
11:30 a.m.
Some hon. members
Oh, oh!
11:30 a.m.
Conservative
The Chair Conservative Harold Albrecht
Okay. For Motion No. 269 there are no concerns.
Bill C-304 is next.
11:30 a.m.
Committee Researcher
This bill will amend the Canadian Human Rights Act in order to repeal some provisions about hate messages.
This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as the ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Committee Researcher
This bill will amend the Criminal Code in order to make it an offence to wear a mask or a disguise or to conceal one's identity while taking part in a riot or an unlawful assembly.
This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as the ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.
11:30 a.m.
Committee Researcher
This bill will enact the Federal Framework for Suicide Prevention Act. It would, among other things, recognize suicide as a public health issue.
This bill does not concern questions outside the federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on. It does not concern questions currently before the House as items of government business.
11:35 a.m.
Committee Researcher
Bill C-215 would amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act with respect to the deduction of Canada Pension Plan benefits from the annuity payable under each of these acts.
This bill does not concern questions that are outside federal jurisdiction; it does not clearly violate the Constitution, including the Charter; it does not concern questions that are substantially the same as ones already voted on in the current session; and, it does not concern questions that are currently before the House as items of government business.
11:35 a.m.
Conservative
The Chair Conservative Harold Albrecht
Are there questions or comments regarding Bill C-215? Hearing none, we're moving on to Bill C-292.
11:35 a.m.
Committee Researcher
Bill C 292 would amend the Corrections and Conditional Release Act to provide that any monetary amount awarded to an offender pursuant to a legal action or proceeding be paid to victims and other designated beneficiaries.
As regards to this bill, I have doubts as to the federal government's power to pass provisions of this kind. It's important to understand that, according to the division of powers in Canada, property and civil rights fall within provincial jurisdiction. Under that head of power, the provinces have jurisdiction over contracts and all private law, including debt priority ranking. That includes debts owed to creditors, in particular. This is something governed by provincial legislation.
Certain provisions of the Constitution grant specific powers to the federal Parliament with respect to bankruptcy, banks or tax collection. Federal lawmakers can use that power, in keeping with their jurisdiction, to change the priority ranking in cases involving bankruptcies, security, bank collateral, or priority granted Revenue Canada. In this case, the bill applies to inmates—in other words, to offenders. It creates a debt priority ranking that is completely different. The distribution would work as follows: first would be the victims, who would benefit from a restitution order, then beneficiaries of a support award, then beneficiaries of individuals having secured a support award made against the offender, and finally a victims support group.
In other words, this new debt priority ranking cannot be connected back to bankruptcy law, to banks, to tax collection or other areas of federal jurisdiction. It's important to understand that this is an amendment to the Corrections and Conditional Release Act made under the criminal law as well as in relation to the establishment, maintenance and administration of penitentiaries. Changing the debt priority order involves the civil law and not the criminal law. That being the case, I do not see how this bill could be considered to fall within the jurisdiction of the federal Parliament.