SoVote

Decentralized Democracy

House Committee

44th Parl. 1st Sess.
October 19, 2023
Context: Bill S-12, An Act to amend the Criminal Code (JUST) - Oct/19/23
Ms. Elizabeth May
  • 04:26:52 p.m.
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I know I'm not allowed to do that. An hon. member: With all due respect, Madam Chair, you can't just assume.
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Hon. Rob Moore
  • 04:26:55 p.m.
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Well, they said “no” and we said “yes”, so I would like a recorded vote.
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The Chair
  • 04:26:59 p.m.
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If you ask, you can have it, for sure. I don't believe that I as chair should be telling you to have a recorded vote, which I did before. My apologies for doing that before. If somebody requests it, by all means, but it's not up to the chair. (Amendment negatived: nays 6; yeas 5 [See Minutes of Proceedings]) The Chair: PV-6 is deemed moved. Shall PV-6 carry? (Amendment negatived) The Chair: We're on PV-7.
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Ms. Elizabeth May
  • 04:28:06 p.m.
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Chair, I have an absolute right, under the terms of the motion.... I'm sorry, but I was trying to get my hand up. The functions are very difficult. I just get a hand up and get off mute to beg for something that in most committees, I have to say, is more automatic, which is to have a right to speak before my amendment is defeated. I'm so sorry, Madam Chair. I'm sorry to be emotional, but I was so shocked there—
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The Chair
  • 04:28:29 p.m.
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I can tell you that I had my eyes glued to the screen and I did not see your hand.
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Ms. Elizabeth May
  • 04:28:38 p.m.
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I couldn't get it up in time because of the little cursor thing wobbling all over. It doesn't always go directly to “raise hand”. It's a little more difficult. I'm sorry, Madam Chair.
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The Chair
  • 04:28:47 p.m.
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We will continue with PV-7. If you want to put your hand up, please do.
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Ms. Elizabeth May
  • 04:29:03 p.m.
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What happened to PV-6?
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The Chair
  • 04:29:06 p.m.
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I believe everybody on the committee voted against it. This one did not need a—
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Ms. Elizabeth May
  • 04:29:11 p.m.
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I'd like to see a recorded vote.
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The Chair
  • 04:29:20 p.m.
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I don't believe you have the right to request of the chair to have a recorded vote.
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Ms. Elizabeth May
  • 04:29:33 p.m.
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I know that the people from My Voice, My Choice, who are watching this, would like to know who votes against their amendments. My amendments come from their testimony.
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The Chair
  • 04:29:33 p.m.
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Ms. May, every member voted against PV-6. I'm now going to move to PV-7, please. PV-7 is deemed moved. Go ahead, Ms. May.
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Ms. Elizabeth May
  • 04:29:33 p.m.
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Thank you. Again, this business of deeming my motions moved is all because the larger parties didn't like the rights that I do have to put these amendments forward if I chose to do so. If you didn't have this motion in place at your committee, I would be able to move all of these amendments in the House in full session, and then we'd be able to have the debate. The witnesses from My Voice, My Choice have made it very clear why they feel Bill S-12 needs improvements. This is one of those improvements, and I'm hoping this time.... I know it doesn't seem very likely that the amendment will be accepted, but I do urge the committee to consider this as a minor improvement to the overall scheme of Bill S-12, in the interests of the victims, who otherwise find themselves under these publication bans without their knowledge. Thank you, Madam Chair.
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The Chair
  • 04:30:45 p.m.
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Go ahead, Mr. Maloney.
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Mr. James Maloney
  • 04:31:24 p.m.
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Can I just say something, Madam Chair, very quickly? It's for Ms. May's benefit because of her technical problems at the outset of the meeting. There was consensus around the table, Ms. May, that we all are very supportive and we understand and are grateful to My Voice, My Choice, but the amendments as presented are not ones that everybody can accept. It's not in any way a reflection on them as a group nor on any of the individuals we heard at this committee. I think it's important we get that on the record and understand that before we move on.
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The Chair
  • 04:31:24 p.m.
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Thank you. Shall amendment PV-7 carry—
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Mr. Rhéal Éloi Fortin
  • 04:31:34 p.m.
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I'd like to comment on PV‑7, Madam Chair.
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The Chair
  • 04:31:36 p.m.
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All right. You didn't raise your hand, but you can go ahead.
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Mr. Rhéal Éloi Fortin
  • 04:31:43 p.m.
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My apologies, Madam Chair. According to PV‑7, the judge cannot make an order if doing so goes against the wishes of the victim or a witness. Consider a case involving several witnesses or victims, for instance, three rape victims. It's possible that one of them doesn't want the order, but the other two do. In that case, the judge wouldn't be able to make the order. In my eyes, that's a real problem. We can't adopt PV‑7 in its current form, because it allows just one witness to veto the order despite the wishes of the other witnesses. I'm sorry, Ms. May. That's not against you.
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