House of Commons Hansard #36 of the 36th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was treaty.
The House resumed consideration of the motion that Bill C-22, an act to implement the Convention on the Prohibition of the Use, Stockpiling Production and Transfer of Anti-Personnel Mines and on their Destruction, be read the second time and referred to committee of the whole.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4 p.m.
The Deputy Speaker
Is the House ready for the question?
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4 p.m.
Some hon. members
Question.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4 p.m.
The Deputy Speaker
Is it the pleasure of the House to adopt the motion?
Anti-Personnel Mines Convention Implementation ActGovernment Orders
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Some hon. members
Agreed.
(Motion agreed to, bill read the second time and, by unanimous consent, the House went into committee thereon, Mr. Milliken in the Chair.)
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4 p.m.
The Chairman
Order, please. House in committee of the whole on Bill C-22, An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
(Clauses 2 to 5 inclusive agreed to)
(On clause 6)
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4 p.m.
Bloc
Daniel Turp Bloc Beauharnois—Salaberry, QC
Mr. Speaker, this morning I tabled a proposed amendment intended to clarify the introduction to a provision in the convention itself in the implementation legislation, because clause 6 of the bill refers to only two of the general obligations contained in the draft treaty.
I discussed the matter with representatives of the justice department and they told me it is not necessary to integrate this provision with clause 6 of the bill.
I am not convinced by their arguments and I feel that, for enhanced clarity and in order to send a message to all those who wish to make this general obligation part of the legislation, I feel it would be useful to add subsection 6(1)(c) as I suggest, so that the convention will be better integrated into Canadian law. That is therefore the proposal I am submitting to the House.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
The Speaker
If the hon. member wishes to move his amendment, would he please read it?
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
Bloc
Daniel Turp Bloc Beauharnois—Salaberry, QC
Mr. Speaker, I move:
That Bill C-22, in Clause 6, be amended by adding after line 15 on page 3 the following: c ) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under the Convention.”
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
Winnipeg South Centre Manitoba
Liberal
Lloyd Axworthy LiberalMinister of Foreign Affairs
Mr. Chairman, I would like to respond to the amendment to remind members of the House that the convention is already covered by section 21 of the Criminal Code.
If we were to specifically reference those specific items again, it might lead to the suggestion that the Criminal Code only applies where it is specifically referred to. This could have the effect of complicating the Crown's ability to apply the Criminal Code to other aspects of the legislation. It would require specific references to the Criminal Code in each and every kind of reference.
The amendment would actually have the impact of re-enacting the Criminal Code. I do not think anyone in the House wants to gets into that business. We have been through that before. I would suggest to hon. members that this is already covered in the Criminal Code. This would simply complicate any interpretation and might lead to some difficulties with court interpretation on the matter.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
The Chairman
Is the House ready for the question?
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
Some hon. members
Question.
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4:05 p.m.
The Chairman
The question is on the amendment. All those in favour of the amendment will please say yea.
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Some hon. members
Yea.
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The Chairman
All those opposed will please say nay.
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Some hon. members
Nay.
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The Chairman
In my opinion the nays have it.
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An hon. member
On division.
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The Chairman
I declare the amendment defeated.
(Clause 6 agreed to)
(Clauses 7 to 9 inclusive agreed to)
(On clause 10)
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:05 p.m.
Bloc
Daniel Turp Bloc Beauharnois—Salaberry, QC
Mr. Chairman, the Bloc Quebecois once again proposes a way to better introduce the treaty into domestic law and, to this end, I noted on reading the implementation legislation that an important part of article 3 of the convention had been omitted from clause 10.
I take this opportunity as well to point out that, at a meeting of the Standing Committee on Foreign Affairs and International Trade, a representative of the International Campaign to Ban Land Mines pointed out the importance of this provision and of the part on the minimum number of anti-personnel mines that should be kept by the states.
Accordingly, I would like the bill to be amended to include the last section of article 3.1 of the treaty in clause 10.
I move:
That Bill C-22, in Clause 10, be amended by adding after line 39 on page 4 the following:
“techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for the above- mentioned purposes.”
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:10 p.m.
Winnipeg South Centre Manitoba
Liberal
Lloyd Axworthy LiberalMinister of Foreign Affairs
Mr. Chairman, we support the hon. member's amendment.
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4:10 p.m.
Reform
Keith Martin Reform Esquimalt—Juan de Fuca, BC
Mr. Speaker, although this amendment has some good points, it is really irrelevant to this bill. It is not necessary, adds nothing to the bill and we oppose this amendment.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:10 p.m.
The Chairman
Is the House ready for the question?
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:10 p.m.
Some hon. members
Question.
Anti-Personnel Mines Convention Implementation ActGovernment Orders
4:10 p.m.
The Chairman
All those in favour of the amendment will please say yea.