Justice Committee on May 27th, 2009

[Paul Saint-Denis]

Yes, that's correct.

[Larry Bagnell, Liberal, Yukon, YT]

And that's a possible situation?

[Paul Saint-Denis]

With this amendment, that would happen. That's correct.

[The Chair, Conservative, Ed Fast]

Monsieur Ménard.

[Réal Ménard, Bloc, Hochelaga, QC]

I want to provide a couple quick clarifications, so that everyone has a clear understanding of the purpose of this amendment.

You are right to say that it goes a little bit further. This will allow a judge, in circumstances where the programs provided for under section 720 apply—of course, everyone understands that there will still be minimum sentences—to ensure that no minimum sentence applies in two specific cases, namely in all cases where individuals have received the treatment provided for under paragraph (a) or (b). Do we all agree on that?

[The Chair, Conservative, Ed Fast]

Monsieur Ménard, the bells are going. Unfortunately, I'm going to have to suspend and we're going to reconvene after the votes.

[The Chair, Conservative, Ed Fast]

I would like to reconvene the meeting.

We were discussing BQ-8. Were we finished discussion on it, or does anyone else want to address it?

Mr. Saint-Denis, do you have anything else to add on this amendment?

[Paul Saint-Denis]

No, I don't.

[The Chair, Conservative, Ed Fast]

All right, there's no further discussion.

We're dealing with BQ-8. I will call the question

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

We are not on the ball here. What's the vote?

[The Chair, Conservative, Ed Fast]

We're voting on BQ-8, page 31.

[An hon. member]

We're going to call you Happy Trigger McGraw here.

[The Chair, Conservative, Ed Fast]

I don't think so. I asked the question clearly—whether there was any further discussion on BQ-8.

[An hon. member]

Yes, there is further discussion.

[The Chair, Conservative, Ed Fast]

Oh, there is? All right.

[An hon. member]

You are too fast.

[The Chair, Conservative, Ed Fast]

That's my name.

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Chairman, allow me to quickly explain the purpose of this amendment, so that everyone knows exactly what we are voting on.

The idea here is that all individuals admitted to a drug addiction prevention program under paragraph (a) or subsection 720(2) of the Criminal Code, as Mr. Saint-Denis explained earlier, would be exempt from a mandatory minimum sentence. That does not mean that there would no longer be any minimum sentences. It simply means that these individuals could be exempt. That is the qualification that needed to be made here. I believe that people of good will sitting around sitting at this table will be inclined to support my amendment.

[Larry Bagnell, Liberal, Yukon, YT]

They “may” not be subject to it.

[The Chair, Conservative, Ed Fast]

Monsieur Ménard, was that your explanation?

[Réal Ménard, Bloc, Hochelaga, QC]

Yes, Mr. Chairman. Thank you.

[The Chair, Conservative, Ed Fast]

Any other discussion on BQ-8? None?

I call the question.

(Amendment agreed to [See Minutes of Proceedings])

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Chairman, I expect a brief note of congratulation from you.

[Voices]

Ah, ah!

[The Chair, Conservative, Ed Fast]

All right, I will now call the question on clause 5.

(Clause 5 as amended agreed to)

(Clauses 6 and 7 agreed to )

(Clause 8 agreed to on division)

Monsieur Ménard.