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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 42
Monday, December 5, 2022, 11:04 a.m. to 12:43 p.m.
Webcast
Presiding
Randeep Sarai, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Chloé Forget, Analyst
• Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada
Department of Justice
• François Daigle, Deputy Minister of Justice and Deputy Attorney General of Canada
• Michael Sousa, Senior Assistant Deputy Minister, Policy Sector
• Bill Kroll, Chief Financial Officer and Assistant Deputy Minister, Management Sector
Pursuant to Standing Order 81(5), the committee commenced consideration of the Supplementary Estimates (B), 2022-23: Vote 1b under Canadian Human Rights Commission, Vote 1b under Courts Administration Service, Votes 1b and 5b under Department of Justice, Vote 1b under Office of the Director of Public Prosecutions and Vote 1b under Registrar of the Supreme Court of Canada, referred to the committee on Thursday, November 17, 2022.

The Chair called Vote 1b under Canadian Human Rights Commission.

The Minister made a statement and, with the other witnesses, answered questions.

Vote 1b under Canadian Human Rights Commission carried on division.

Vote 1b under Courts Administration Service carried on division.

Vote 1b under Department of Justice carried on division.

Vote 5b under Department of Justice carried on division.

Vote 1b under Office of the Director of Public Prosecutions carried on division.

Vote 1b under Registrar of the Supreme Court of Canada carried on division.

ORDERED, — That the Chair report Vote 1b under Canadian Human Rights Commission, Vote 1b under Courts Administration Service, Votes 1b and 5b under Department of Justice, Vote 1b under Office of the Director of Public Prosecutions and Vote 1b under Registrar of the Supreme Court of Canada to the House.

At 11:59 a.m., the sitting was suspended.

At 12:04 p.m., the sitting resumed.

• Mel Arnold, M.P., North Okanagan—Shuswap
• Frank Caputo, M.P., Kamloops—Thompson—Cariboo
Department of Justice
• Phaedra Glushek, Counsel, Criminal Law Policy Section
• Belinda Peres, Counsel, Criminal Law Policy Section
Pursuant to the order of reference of Wednesday, November 23, 2022, the committee commenced consideration of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material).

Mel Arnold and Frank Caputo made statements and answered questions.

The committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

The witnesses answered questions.

On Clause 1,

Gary Anandasangaree moved, — That Bill C-291, in Clause 1, be amended by

(a) replacing line 7 on page 1 with the following:

163.1 (1) In this section, “child sexual abuse and exploitation material”

(b) replacing line 13 on page 1 with the following:

abuse and exploitation material is guilty of an indictable offence and liable

(c) replacing line 21 on page 1 with the following:

abuse and exploitation material is guilty of an indictable offence and liable

(d) replacing line 4 on page 2 with the following:

(4) Every person who possesses any child sexual abuse and exploitation

(e) replacing line 9 on page 2 with the following:

(4.1) Every person who accesses any child sexual abuse and exploitation

(f) replacing lines 14 and 15 on page 2 with the following:

cesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmit-

(g) replacing line 22 on page 2 with the following:

alleged to constitute child sexual abuse and exploitation material was or

After debate, the question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 1, as amended, carried.

On Clause 2,

Gary Anandasangaree moved, — That Bill C-291, in Clause 2, be amended by

(a) replacing line 33 on page 2 with the following:

diction of the court, is child sexual abuse and exploitation material as

(b) replacing line 39 on page 2 with the following:

abuse and exploitation material, a voyeuristic recording, an intimate

(c) replacing line 8 on page 3 with the following:

sexual abuse and exploitation material, a voyeuristic recording, an inti-

(d) replacing line 16 on page 3 with the following:

subsection (1) is obscene, child sexual abuse and exploitation material, a

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 2, as amended, carried.

On Clause 3,

Gary Anandasangaree moved, — That Bill C-291, in Clause 3, be amended by

(a) replacing line 27 on page 3 with the following:

material — namely, child sexual abuse and exploitation material as de-

(b) replacing line 32 on page 3 with the following:

abuse and exploitation material, a voyeuristic recording, an intimate im-

(c) replacing line 42 on page 3 with the following:

that the material is child sexual abuse and exploitation material as de-

(d) replacing line 4 on page 4 with the following:

abuse and exploitation material, the voyeuristic recording, the intimate

(e) replacing line 12 on page 4 with the following:

sexual abuse and exploitation material as defined in section 163.1, a

(f) replacing line 16 on page 4 with the following:

342.1(2) that makes child sexual abuse and exploitation material, the

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 3, as amended, carried.

On Clause 4,

Gary Anandasangaree moved, — That Bill C-291, in Clause 4, be amended by replacing line 25 on page 4 with the following:

material that is not child sexual abuse and exploitation material, as de-

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 4, as amended, carried.

On Clause 5,

Gary Anandasangaree moved, — That Bill C-291, in Clause 5, be amended by replacing line 30 on page 4 with the following:

(xxix) section 163.1 (child sexual abuse and exploitation material),

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 5, as amended, carried.

On Clause 6,

Gary Anandasangaree moved, — That Bill C-291, in Clause 6, be amended by replacing line 38 on page 4 with the following:

ing that constitutes child sexual abuse and exploitation material within

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 6, as amended, carried.

On Clause 7,

Gary Anandasangaree moved, — That Bill C-291, in Clause 7, be amended by replacing line 4 on page 5 with the following:

(i.8) section 163.1 (child sexual abuse and exploitation material),

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 7, as amended, carried.

On Clause 8,

Gary Anandasangaree moved, — That Bill C-291, in Clause 8, be amended by replacing line 8 on page 5 with the following:

(viii) section 163.1 (child sexual abuse and exploitation material),

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 8, as amended, carried.

On Clause 9,

Gary Anandasangaree moved, — That Bill C-291, in Clause 9, be amended by replacing line 19 on page 5 with the following:

a recording that constitutes child sexual abuse and exploitation material

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 9, as amended, carried.

On Clause 10,

Gary Anandasangaree moved, — That Bill C-291, in Clause 10, be amended by replacing line 26 on page 5 with the following:

(vi) section 163.1 (child sexual abuse and exploitation material),

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 10, as amended, carried.

On Clause 11,

Gary Anandasangaree moved, — That Bill C-291, in Clause 11, be amended by replacing lines 32 to 35 on page 5 with the following:

tion 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation materi-

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 11, as amended, carried.

On Clause 12,

Gary Anandasangaree moved, — That Bill C-291, in Clause 12, be amended by replacing line 10 on page 6 with the following:

placed by a reference to “child sexual abuse and exploitation ma-

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 12, as amended, carried.

On Clause 13,

Gary Anandasangaree moved, — That Bill C-291 be amended by adding after line 32 on page 6 the following:

Transitional Provision

13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Gary Anandasangaree moved, — That Bill C-291 be amended by adding after line 32 on page 6 the following:

Coming into Force

13 This Act comes into force on the first anniversary of the day on which it receives royal assent.

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

Clause 13, as amended, carried.

On Title,

Gary Anandasangaree moved, — That Bill C-291 be amended by replacing the long title on page 1 with the following:

An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)

The question was put on the amendment of Gary Anandasangaree and it was agreed to.

The Title, as amended, carried.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-291, as amended, be reprinted for the use of the House of Commons at report stage.

At 12:43 p.m., the committee adjourned to the call of the Chair.



Jean-François Lafleur
Clerk of the committee