June 17, 2010 (40th Parliament, 3rd Session)

CPC

Jay Hill

Conservative

Hon. Jay Hill (Leader of the Government in the House of Commons, CPC)

Mr. Speaker, I have two motions. The first one is a rather lengthy one. It deals with the new Bill C-23A. My counterparts in all the parties have copies of the proposed motion because it is quite lengthy. I will now table it and ask consent for it to be printed in Hansard as if it had been read to the House.
Mr. Speaker, I hope you will find unanimous consent for its adoption.
I move:
That, notwithstanding any Standing Order or usual practice of the House, it be an instruction to the Standing Committee on Public Safety and National Security that it divide Bill C-23, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, into two bills, namely Bill C-23A, An Act to amend the Criminal Records Act, and Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts;
that Bill C-23A be composed of
(a) a clause that sets out the short title as Limiting Pardons for Serious Crimes Act;
(b) clause 9 of Bill C-23, amended
(i) to renumber subsection 4(1) as section 4;
(ii) to amend sections 4 and 4.1 as follows:
Restrictions on application for pardon
4. A person is ineligible to apply for a pardon until the following period has elapsed after the expiry according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
(a) 10 years, in the case of a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to imprisonment for a period of two years or more or an offence referred to in Schedule 1 that was prosecuted by indictment, or five years in the case of any other offence prosecuted by indictment, an offence referred to in Schedule 1 that is punishable on summary conviction or an offence that is a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six months, dismissal from Her Majesty's service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or
(b) three years, in the case of an offence, other than one referred to in paragraph (a), that is punishable on summary conviction or that is a service offence within the meaning of the National Defence Act.
Pardon
4.1 (1) The Board may grant a pardon for an offence if the Board is satisfied that
(a) the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament; and
(b) in the case of an offence referred to in paragraph 4(a), granting the pardon at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
Onus on applicant
(2) In the case of an offence referred to in paragraph 4(a), the applicant has the onus of satisfying the Board that the pardon would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.
Factors
(3) In determining whether granting the pardon would bring the administration of justice into disrepute, the Board may consider
(a) the nature, gravity and duration of the offence;
(b) the circumstances surrounding the commission of the offence;
(c) information relating to the applicant's criminal history and, in the case of a service offence within the meaning of the National Defence Act, to any service offence history of the applicant that is relevant to the application; and
(d) any factor that is prescribed by regulation.
(iii) to delete the remainder of clause 9 of BIll C-23;
(c) clause 10 of Bill C-23, amended
(i) to amend section 4.2 by
deleting paragraph (1)(a);
deleting the words “if the applicant is eligible” from paragraph (1)(b);
substituting pardon for record suspension in subsections (1) and (2); and
(ii) to delete the remainder of clause 10 of Bill C-23;
(d) clause 12 of Bill C-23, amended as follows:
Paragraph 5(a) of the Act is replaced by the following:
(a) is evidence of the fact that
(i) the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and
(ii) the conviction in respect of which the pardon is granted should no longer reflect adversely on the applicant's character; and
(e) clause 15 of Bill C-23, amended
i. to amend subsection 6.3(2) by substituting pardon for record suspension; and
ii. to delete the remainder of subclause 15(1) of Bill C-23;
(f) clause 22 of Bill C-23, amended
i. to delete subclause 22(1) of Bill C-23; and
ii. to delete paragraph 9.1(c.2) in subclause 22(2) of Bill C-23;
(g) clause 24 of Bill C-23, amended to renumber the schedule to the Criminal Records Act as Schedule 2;
(h) a clause that adds to the Criminal Records Act a Schedule 1 having the same content as Schedule 1 in the schedule to Bill C-23;
(i) clause 46 of Bill C-23, amended
(i) to delete the words “as though it were an application for a record suspension”; and
(ii) to replace the reference to subsection 47(1) with a reference to section 47;
(j) clause 47 of Bill C-23, amended
(i) to delete subsection (2); and
(ii) to renumber subsection 47(1) as 47;
that Bill C-23B be composed of
(a) clauses 1 to 23 of Bill C-23;
(b) clause 24 of Bill C-23, amended to provide that Schedule 2 to the Criminal Records Act is replaced by the schedule set out in the schedule to the Bill;
(c) clauses 25 to 48 of Bill C-23; and
(d) a schedule that includes a Schedule 2 having the same content as Schedule 2 in the schedule to Bill C-23;
that Bills C-23A and C-23B be printed;
that, for the purposes of printing Bills C-23A and C-23B, the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections in those bills as may be necessary to give effect to this motion; and
that Bill C-23A be deemed to have been reported from the Committee without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Topic:   Oral Questions
Subtopic:   Bill C-23--Instruction to the Standing Committee on Public Safety and National Security
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