Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts
Group No. 1
Ms. May (Saanich—Gulf Islands), seconded by Mr. Plamondon (Bas-Richelieu—Nicolet—Bécancour), — That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following:
““terrorism” includes torture.
“torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Group No. 2
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 20, — That Bill C-10 be amended by deleting Clause 11.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 21, — That Bill C-10 be amended by deleting Clause 12.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 22, — That Bill C-10 be amended by deleting Clause 13.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 23, — That Bill C-10 be amended by deleting Clause 14.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 24, — That Bill C-10 be amended by deleting Clause 15.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 25, — That Bill C-10 be amended by deleting Clause 17.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 26, — That Bill C-10 be amended by deleting Clause 19.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 26, — That Bill C-10 be amended by deleting Clause 20.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 26, — That Bill C-10 be amended by deleting Clause 21.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 29, — That Bill C-10, in Clause 22, be amended by deleting lines 16 to 28 on page 14.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 30, — That Bill C-10, in Clause 23, be amended by deleting lines 14 to 24 on page 15.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 31, — That Bill C-10, in Clause 23, be amended by deleting lines 17 to 29 on page 16.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 32, — That Bill C-10 be amended by deleting Clause 25.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 33, — That Bill C-10 be amended by deleting Clause 26.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 34, — That Bill C-10 be amended by deleting Clause 27.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 36, — That Bill C-10, in Clause 34, be amended by replacing line 21 on page 19 with the following:
“742.3, if it is determined that the offender belongs to a specific population or group whose socio-economic or cultural marginalization has resulted in an overrepresentation within the Canadian prison population, including Aboriginal peoples and those with mental health disabilities, or if”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 38, — That Bill C-10, in Clause 34, be amended by replacing line 1 on page 20 with the following:
“(ii) involved, for financial gain, the import, export, trafficking”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 39, — That Bill C-10, in Clause 34, be amended by replacing line 3 on page 20 with the following:
“(iii) involved the use of a potentially deadly weapon with intent to do bodily harm in connection with the offence; and”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 47, — That Bill C-10, in Clause 41, be amended by deleting line 38 on page 24 to line 3 on page 25.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 86, — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:
|
“PART 6 |
|
GENERAL PROVISION |
|
Sunset Provision |
|
209. The following provisions of the Criminal Code and Controlled Drugs and Substances Act, as amended by this Act, are to cease to have effect at the end of the fifteenth sitting day of Parliament after December 31, 2017 unless, before the end of that day, the application of those provisions is extended by a resolution passed by both Houses of Parliament that any such provisions continue to be in force: |
|
(a) paragraphs 151(a) and (b), 152(a) and (b) and 153(1.1)(a) and (b), subsections 155(2) and 160(3), paragraphs 163.1(2)(b), 163.1(3)(b), 163.1(4)(a) and (b), 163.1(4.1)(a) and (b), 170(a) and (b) and 171(b), subsections 171.1(2), 172.1(2) and 173(2), section 271 and paragraphs 272(2)(a.2), 273(2)(a.2) and 742.1(b) of the Criminal Code; and |
(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act.”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 87, — That Bill C-10 be amended by adding after line 9 on page 102 the following new clause:
|
“PART 6 |
|
GENERAL PROVISION |
|
Review |
|
209. (1) Within one year after any of the provisions listed in subsection (2) come into force and every year thereafter for a period of five years, the appropriate standing committee of the House of Commons must review the impact of this Act on various population groups, as described in subsection (5), undertake a cost-benefit analysis of mandatory minimum sentences and their impact on the population groups, and prepare a report based on the annual review, which must be laid before the House of Commons on any of the first 15 days that the House is sitting after the report is completed. |
|
(2) For the purposes of subsection (1), the provisions are the following: |
|
(a) paragraph 742.1(b) of the Criminal Code; and |
|
(b) paragraphs 5(3)(a), 6(3)(a) and (a.1) and 7(2)(a), (a.1) and (b) of the Controlled Drugs and Substances Act. |
|
(3) Within five years after any of the provisions listed in subsection (2) come into force, a comprehensive review of the impact of the provisions and operation of this Act must be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons. |
|
(4) Within one year after completing the comprehensive review referred to in subsection (3), the committee that undertook the review must submit a report on the comprehensive review to Parliament, including any recommendations in respect of the provisions and operation of this Act and the costs, benefits and impacts of mandatory minimum sentences. |
|
(5) The review, referred to in subsection (1), of the impact of this Act on aboriginal peoples, women, youth, members of visible and ethnic minorities, and individuals with mental health disabilities must contain the most current information available, including that which is received from the provinces and territories, on the following matters in respect of each population group: |
|
(a) the impact of this Act on existing penitentiaries, correctional institutions, community-based correctional facilities and correctional services, including their immediate and long-term capacity to function and to properly serve the population group; |
|
(b) the estimated number of criminal cases this Act impacts annually within the population group; and |
(c) the other relevant matters related to the impact of this Act on the population group.”
Group No. 3
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 65, — That Bill C-10, in Clause 136, be amended by replacing line 14 on page 74 with the following:
“shall consider the following factors:”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 66, — That Bill C-10, in Clause 136, be amended by replacing lines 15 to 17 on page 74 with the following:
“(a) whether, based on evidence and expert opinion pertaining to the offender, the Minister determines that the offender’s return to Canada would constitute a threat to the security of Canada;”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 67, — That Bill C-10, in Clause 136, be amended by replacing lines 18 and 19 on page 74 with the following:
“(b) whether, based on evidence and expert opinion, the Minister determines that the offender’s return to Canada to serve their sentence would endanger”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 68, — That Bill C-10, in Clause 136, be amended by deleting lines 8 to 10 on page 75.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 69, — That Bill C-10, in Clause 136, be amended by replacing line 21 on page 75 with the following:
“enforcement agency, except if the relevant local law enforcement agencies are known or suspected to be complicit in torture or any other form of human rights violation; or”
Group No. 4
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 70, — That Bill C-10, in Clause 167, be amended by replacing line 24 on page 87 with the following:
“(b) an attempt to commit an”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 73, — That Bill C-10, in Clause 168, be amended by replacing line 33 on page 87 with the following:
“intended to promote the long-term protection of the public by”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 76, — That Bill C-10 be amended by deleting Clause 172.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 77, — That Bill C-10, in Clause 176, be amended by deleting line 22 on page 91 to line 12 on page 92.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 80, — That Bill C-10 be amended by deleting Clause 185.
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 81, — That Bill C-10 be amended by deleting Clause 190.
Group No. 5
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 83, — That Bill C-10, in Clause 206, be amended by replacing line 16 on page 101 with the following:
“the instructions, based on certain evidence and criteria, given by the Minister justify”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 84, — That Bill C-10, in Clause 206, be amended by replacing line 23 on page 101 with the following:
“nationals who, on the basis of reasonable grounds, are believed to be at risk of being subjected to”
Ms. May (Saanich—Gulf Islands), seconded by Mr. Lamoureux (Winnipeg North), moved Motion No. 85, — That Bill C-10, in Clause 206, be amended by replacing line 26 on page 101 with the following:
“(1.5) The instructions, as well as the criteria referred to in subsection (1.2), shall be published in”