An assortment of legislative activity updates of interest to the imm/ref bar

Schedule

• Senate
  • Confirmed:
    • February 8, 2:00 PM
  • Planned:
    • February 9-11, 21-25, 28
    • March 1
• House
  • Adjourned to Jan 31/22

Bills

Senate

S-3: Amending the Judges Act (see C-9)

• Canada, Bill S-3, An Act to amend the Judges Act, 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and makes changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process also applies to persons, other than judges, who are appointed under an Act of Parliament to hold office during good behaviour.

• Dropped/withdrawn on December 15, 2021 (see https://sencanada.ca/en/content/sen/chamber/441/debates/012db_2021-12-15-e?language=e#48)
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/s-3

S-212: Automatic expiry of criminal records

• Canada, Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation, 1st Sess., 44th Parl., 2021
• Summary: would have criminal records “expire” after a set period of time
• Last completed: first reading in the Senate
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/s-212

S-213: Discretion on criminal punishment

• Canada, Bill S-213, An Act to amend the Criminal Code (independence of the judiciary), 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Criminal Code to give a court the discretion to vary the punishment to be imposed in respect of an offence for which the punishment — or different degrees or kinds of punishment — is prescribed in an enactment.
It allows a court to decide to not make a mandatory prohibition order provided for under a provision of that Act — or to add conditions or vary any of the conditions set out in that provision — if the court considers it just and reasonable to do so. It requires the court to provide its reasons for making such a decision.
It requires a court to consider all available options prior to imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of any Act of Parliament, and to provide written reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility.
It gives a court discretion in the treatment or counselling program that a person who has been found guilty of an offence may attend and removes the requirement for the Attorney General to give his or her consent in order to delay sentencing under subsection 720(2) of that Act.
It provides that a judge is to take into consideration the recommendation of the jury in setting the period of parole ineligibility for a person who has been found guilty of first or second degree murder.

• Last completed: first reading in the Senate
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/s-213

S-223: Trafficking in organs

• Canada, Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the appropriate minister is of the opinion that they have engaged in any activities relating to trafficking in human organs.

• Last completed: first reading in the House of Commons
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/s-223

S-224: Definition of exploitation in relation to human trafficking

• Canada, Bill S-224, An Act to amend the Criminal Code (trafficking in persons), 1st Sess., 44th Parl., 2021
• Summary: changes the wording of s. 279.‍04 of the Criminal Code
• Last completed: first reading in the Senate
• LEGISinfo link: https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/

House

Bill C-5: Reducing drug penalties (Government Bill)

• Canada, Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

• First reading in the House December 7, 2021; awaiting second reading
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/c-5

Bill C-9: An Act to amend the Judges Act (Government Bill, see S-3)

• Canada, Bill C-9, An Act to amend the Judges Act, 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and makes changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process also applies to persons, other than judges, who are appointed under an Act of Parliament to hold office during good behaviour.

• First Reading in the House December 16, 2021; awaiting second reading
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/c-9

Bill C-209: Reducing drug penalties (Private Member’s Bill)

• Canada, Bill C-209, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act and to make consequential amendments to another Act, 1st Sess., 44th Parl., 2021
• Summary:

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to eliminate minimum penalties for certain offences. It also makes consequential amendments to the Criminal Records Act.

• First Reading in the House December 9, 2021; outside the order or precedence
• LEGISinfo link: https://www.parl.ca/legisinfo/en/bill/44-1/c-209

Committees Activity

Senate

• Standing Committee on Foreign Affairs and International Trade
  • https://sencanada.ca/en/committees/aefa/
  • Peter M. Boehm (ISG) and Peter Harder (PSG) elected Chair and Deputy Chair respectively, Dec 14/21
• Standing Committee on Legal and Constitutional Affairs
  • https://sencanada.ca/en/committees/lcjc/44-1
  • Mobina S. B. Jaffer (ISG) and Pierre-Hugues Boisvenu (C) elected Chair and Deputy Chair respectively, Dec 7/21
  • Considering Bills C-3 and S-207
• Standing Committee on Human Rights
  • https://sencanada.ca/en/committees/ridr/44-1
  • Salma Ataullahjan (C) and Wanda Thomas Bernard (ISG) elected Chair and Deputy Chair respectively, Dec 13/21
  • Meeting scheduled Feb 7/22 on “Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff” (https://sencanada.ca/en/committees/RIDR/noticeofmeeting/568917/44-1)
• Standing Committee on Social Affairs, Science and Technology
  • https://sencanada.ca/en/committees/soci/
  • Ratna Omidvar (ISG) and Patricia Bovey (PSG) elected Chair and Deputy Chair respectively, Dec 7/21
  • Considering Bill C-3

House/Joint

• Special Committee on Afghanistan
  • https://www.ourcommons.ca/Committees/en/AFGH
  • Sukh Dhaliwal (L) elected chair, Dec 13/21
  • Meeting scheduled for Jan 31/22 (https://www.ourcommons.ca/DocumentViewer/en/44-1/AFGH/meeting-2/notice) on topic of “Humanitarian Assistance for the Afghan people”
    • Witnesses: International Committee of the Red Cross: Patrick Hamilton, Head of Regional Delegation, Washington and Ottawa; United Nations Children’s Fund (UNICEF): Manuel Fontaine, Director, Office of Emergency Programmes; World Food Programme: David Beasley, Executive Director; Office of the United Nations High Commissioner for Refugees: Indrika Ratwatte, Director, Regional Bureau of Asia and the Pacific
• Standing Committee on International Trade
  • https://www.ourcommons.ca/Committees/en/CIIT
  • Judy Sgro (L) elected chair, Dec 13/21
  • Meeting scheduled for Jan 31/22 (In Camera, committee business)
• Standing Committee on Citizenship and Immigration
  • https://www.ourcommons.ca/Committees/en/CIMM
  • Salma Zahid (L) elected chair, Dec 14/21
  • Meeting scheduled for Feb 1/22 (In Camera, committee business)
• Standing Committee on Access to Information, Privacy and Ethics
  • https://www.ourcommons.ca/Committees/en/ETHI
  • Pat Kelley (C) elected chair, Dec 13/21
  • Meeting scheduled for Jan 31/22 on Committee Business (https://www.ourcommons.ca/DocumentViewer/en/44-1/ETHI/meeting-3/notice)
  • Meeting scheduled for Feb 3/22 on “The Collection and Use of Mobility Data by the Government of Canada”
    • Witnesses: Hon. Jean-Yves Duclos, P.C., M.P., Minister of Health; Public Health Agency of Canada: Kathy Thompson, Executive Vice-President & Christopher Allison, Acting Vice-President
• Standing Committee on Foreign Affairs and International Development
  • https://www.ourcommons.ca/Committees/en/FAAE
  • Sven Spengemann (L) elected chair, Dec 13/21
  • Meeting scheduled for Jan 31/22 on First Report of the Subcommittee on Agenda and Procedure (https://www.ourcommons.ca/DocumentViewer/en/44-1/FAAE/meeting-2/notice)
• Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities
  • https://www.ourcommons.ca/Committees/en/HUMA
  • Robert J. Morrissey (L) elected chair, Dec 13/21
  • Considering Bill C-3
  • Meeting scheduled for Jan 28/22 on “Meeting Requested by Four Members of the Committee to Discuss their Request to Undertake a Study of Service Standards for Employment Insurance Claims” (https://www.ourcommons.ca/DocumentViewer/en/44-1/HUMA/meeting-4/notice)
  • Meeting scheduled for Jan 31/33 on Committee Business (https://www.ourcommons.ca/DocumentViewer/en/44-1/HUMA/meeting-5/notice)
• Standing Committee on Justice and Human Rights
  • https://www.ourcommons.ca/Committees/en/JUST
  • Randeep Sarai (L) elected chair, Dec 16/21
• Standing Committee on Public Safety and National Security
  • https://www.ourcommons.ca/Committees/en/SECU
  • Jim Carr (L) elected chair, Dec 8/21
  • Studying: Systemic Racism in Policing in Canada
  • Studying: Gun Control, Illegal Arms Trafficking and the Increase in Gun Crimes Committed by Members of Street Gangs
• Standing Joint Committee for the Scrutiny of Regulations
  • https://www.parl.ca/Committees/en/REGS