Evidence of meeting #7 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was offence.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Sean Fraser  Minister of Justice and Attorney General of Canada
Ripley  Senior Assistant Deputy Minister, Department of Justice
Wells  Senior Counsel, Criminal Law Policy Section, Department of Justice
Breese  Counsel, Criminal Law Policy Section, Department of Justice

5:25 p.m.

Senior Assistant Deputy Minister, Department of Justice

Owen Ripley

As I was mentioning to MP Fortin, one of the challenges is that it's provinces and territories that are responsible, generally speaking, for the administration of justice, so they often have the specific data holdings. There is a lot of work going on right now with our colleagues in the provinces and territories to improve our national understanding of what is happening in the criminal justice system and, yes, those activities will continue, including in relation to hate crime.

Wade Chang Liberal Burnaby Central, BC

Thank you.

Can any of you please outline what each of the new proposed offences would address and how they differ from the current offences under the Criminal Code?

5:25 p.m.

Senior Assistant Deputy Minister, Department of Justice

Owen Ripley

Yes, so in response to MP Dhillon earlier, I think I was talking about intimidation and obstruction and how that's very top of mind for Canadians. We ran out of time, so I didn't get to the stand-alone hate-motivated crime.

That one is a new offence and, again, the objective on that one is to recognize and denounce all hate-motivated crime. That is an important change, because it would allow that element of hate motivation to be brought to any charge or prosecution right from the get-go.

Then, finally, with respect to the proposed symbols offence, I described it earlier as recognizing the nexus that those symbols have and the impact they have on certain communities. It recognizes that nexus with hateful conduct, acknowledging the other elements—and my colleague Marianne did a good job of walking through all the elements that you'd have to make out—and that you'd still have to make out all the elements of the offence.

Wade Chang Liberal Burnaby Central, BC

Thank you. I have no further questions.

The Chair Liberal Marc Miller

There's a minute left if you want to use the minute.

Wade Chang Liberal Burnaby Central, BC

What specific guidelines, guidance or prosecutorial discretion will be provided under Bill C-9 to ensure that proportionality or proportional and consistent application across provinces?

5:30 p.m.

Senior Assistant Deputy Minister, Department of Justice

Owen Ripley

There are certain steps that are being proposed in the bill, including—and we've talked a lot about the definition of hatred—putting in place that consistent definition that would apply. We've had some exchanges about the notion of detestation or vilification.

I would highlight, because it didn't come up a lot, that there is a “for greater certainty” clarification clause associated with the definition. It is very clear that it does not amount to hatred solely because it discredits, humiliates, hurts or offends. Part of what the government is seeking to do with the definition of hatred is ensure that there is a clear understanding and a clear threshold of when something passes into that kind of extreme manifestation or extreme emotion, and the way the government has characterized that is through the concept of detestation and vilification.

Wade Chang Liberal Burnaby Central, BC

Thank you.

The Chair Liberal Marc Miller

Thank you, MP Chang.

We're at time, so I just want to take a moment to thank officials for coming here, patiently taking questions and answering them to the best of their ability. Thank you for that.

We're sort of around overtime. I don't have a tremendous amount to add to what we agreed to, other than happy Thanksgiving to everyone.

One point that we would like to emphasize is that the witnesses for Bill C-9 are very much welcome for the next round. Please get them to us by the middle of next week. We're complete on the witnesses for bail and sentencing. That's done, but we do need witnesses from all sides on Bill C-9.

Thank you, and have a great—

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

When is the—

5:30 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

The Tuesday after the break week we are on bail.

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

On Thursday, we're back to this.

Is there a deadline for when we have to submit?

The Chair Liberal Marc Miller

Do it by Wednesday of next week.

5:30 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

Chair, I have one quick question.

Will our mandate and priority for Minister Fraser be scheduled before studies have concluded or after?

The Chair Liberal Marc Miller

We'll have to ask the ministers.

5:30 p.m.

Conservative

Andrew Lawton Conservative Elgin—St. Thomas—London South, ON

Could that pre-empt...?

The Chair Liberal Marc Miller

It could.

Thank you.