Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 62 - Minutes of Proceedings - May 16, 2019
OTTAWA, Thursday, May 16, 2019
(144)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:35 a.m., in room W120, 1 Wellington St., the chair, the Honourable Serge Joyal, P.C., presiding.
Members of the committee present: The Honourable Senators Batters, Boisvenu, Dalphond, Dupuis, Dyck, Gold, Housakos, Joyal, P.C., McIntyre, Miville-Dechêne, Pratte and Sinclair (12).
In attendance: Mark Palmer, Procedural Clerk, Senate Committees Directorate; Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official stenographers of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, April 4, 2019, the committee continued its examination of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 60.)
WITNESSES:
Department of Justice Canada:
Carole Morency, Director General and Senior General Counsel;
Shannon Davis-Ermuth, Senior Counsel;
Paulette Corriveau, Counsel;
Matthias Villetorte, Senior Counsel and Team Lead.
The chair made a statement.
It was agreed that the committee resume clause-by-clause consideration of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
Ms. Davis-Ermuth, Ms. Corriveau, Ms. Morency and Mr. Villetorte answered questions from time to time.
The chair asked whether clause 225 shall carry.
The Honourable Senator Boisvenu moved that Bill C-75 be amended in clause 225, on page 79, by replacing lines 26 to 29 with the following:
"against their intimate partner;''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Batters, Boisvenu, Housakos, McIntyre — 4
NAYS
The Honourable Senators
Dalphond, Dupuis, Gold, Miville-Dechêne, Pratte, Sinclair — 6
ABSTENTIONS
The Honourable Senator
Joyal, Dyck — 2
It was agreed that clause 225 carry, on division.
It was agreed that clauses 226 to 234 carry, on division.
The chair asked whether clause 235 shall carry.
The Honourable Senator Sinclair moved that Bill C-75 be amended in clause 235, on page 88, by adding the following after line 11:
"(7) In this section, judge, in the Province of Quebec,
(a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and
(b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.''.
After debate, the question being put on the motion in amendment, it was adopted, on division by a show of hands.
It was agreed that clause 235 carry, as amended, on division.
It was agreed that clauses 236 to 238 carry, on division.
The chair asked whether clause 239 shall carry.
The Honourable Senator Dalphond moved that Bill C-75 be amended in clause 239,
(a) on page 90, by replacing line 28 with the following:
"a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?''; and
(b) on page 91, by adding the following after line 5:
"(4.01) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 239, as amended, carry, on division.
It was agreed that clause 240 stand postponed.
It was agreed that clauses 241 to 268 carry, on division.
The chair asked whether clause 269 shall carry.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Joyal, Dalphond, Dupuis, Dyck, Gold, Miville-Deschêne, Pratte, Sinclair — 8
NAYS
The Honourable Senators
Batters, Boisvenu, Housakos, McIntyre — 4
ABSTENTIONS
Nil.
It was agreed that clauses 270 to 277 carry, on division.
The chair asked whether clause 278 shall carry.
The Honourable Senator Sinclair moved that Bill C-75 be amended in clause 278, on page 113, by replacing lines 9 and 10 with the following:
"261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 278, as amended, carry, on division.
It was agreed that clauses 279 to 291 carry, on division.
The chair asked whether clause 292 shall carry.
The Honourable Senator Dyck moved that Bill C-75 be amended on page 123, by adding after line 5:
"292.1 The Act is amended by adding the following after section 718.03:
718.04 When a court imposes a sentence for an offence that involved the abuse of an intimate partner — and, in particular, a partner who is vulnerable on the basis of sex or is an Indigenous person — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.''.
After debate, the Honourable Senator Dyck moved that the motion in amendment be amended by:
"292.1 The Act is amended by adding the following after section 718.03:
718.04 When a court imposes a sentence for an offence that involved the abuse of an intimate partner — and, in particular, a partner who is vulnerable on the basis of sex or is an Aboriginal person — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.''.
After debate, the question being put on the subamendment, it was adopted, on division.
The question being put on the motion as amendment, it was adopted, on the following vote:
YEAS
The Honourable Senators
Joyal, Batters, Boisvenu, Dalphond, Dupuis, Dyck, Gold, Housakos, McIntyre, Miville-Dechêne, Pratte, Sinclair — 12
NAYS
Nil
ABSTENTIONS
Nil.
It was agreed that clause 292, as amended, carry, on division.
The Honourable Senator Dyck moved that Bill C-75 be amended on page 123, by replacing line 9 with the following:
"offence, abused the offender's intimate partner or a member of the offender's family,''.
After debate, the Honourable Senator Dyck moved that the motion in amendment be amended by:
"offence, abused the offender's intimate partner or a member of the victim or the offender's family.''.
After debate, the question being put on the subamendment, it was adopted, on the following vote:
YEAS
The Honourable Senators
Joyal, Dalphond, Dyck, Miville-Dechêne, Pratte, Sinclair — 6
NAYS
Nil
ABSTENTIONS
The Honourable Senators
Batters, Boisvenu, Gold, Housakos, McIntyre — 5
The question being put on the motion as amendment, it was adopted, on division.
It was agreed, that clause 292, as amended, carry, on division.
The chair asked whether clause 293 shall carry.
The Honourable Senator Dyck moved that Bill C-75 be amended on page 123, by adding after line 9:
"293.1 The Act is amended by adding the following after section 718.21:
718.22 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.''.
After debate, the question being put on the motion in amendment that new clause 293.1 carry, it was adopted, on division.
After debate, it was agreed that the committee would resume consideration at clause 294 at the next meeting.
At 1:26 p.m., the committee adjourned to the call of the chair.
ATTEST:
Keli Hogan
Clerk of the Committee