Mr. Chairman, the possibility is that it could be interpreted as such because vehicle means "any means of transportation by land, water, or air" and if you look at the last interpretation, "for any other thing used in any way for such transportation," so the possibility is there.
Debates of Feb. 21st, 1995
Topics
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 223
Richard Nerysoo Mackenzie Delta
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 223
The Chair Brian Lewis
Thank you, Mr. Nerysoo. Anybody else? Mr. Pudlat is next on my list. Mr. Pudlat.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Kenoayoak Pudlat Baffin South
(Translation) Thank you, Mr. Chairman, for pronouncing my name properly. I am in agreement with this bill but for some of my communities there is a concern. Maybe it was me who misunderstood but most of the people agree with this bill but they feel that their rights might be violated. I'm wondering, Mr. Chairman, as you know, we have justices of the peace in the communities; would they need written approval authorizing such searches and seizures of whatever they're looking for, if this act comes into place? Thank you.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Thank you. Mr. Nerysoo.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. All I can say, Mr. Chairman, is simply this: that the rules that are applicable and the rights that are protected are under the Canadian Charter of Rights, these are applicable. They must be adhered to and they must be respected. However, even in the case of the RCMP, there are certain rules that they abide by and those same rules will be taught to the by-law officers. In fact, as part of their training, by-law officers should have already been taught that they don't have the right, without consideration for the rights of those individuals and vehicles that they are searching; that there is a consideration that must be given to the Charter protections that have already either been ruled or, for that matter, can be narrowly interpreted.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Thank you, Mr. Nerysoo. Mr. Pudlat.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Kenoayoak Pudlat Baffin South
(Translation) So the by-law officer, even without written authorization, will be able to search and seize, even with the Charter of Rights in place. Is that how I understand it?
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Mr. Nerysoo.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Richard Nerysoo Mackenzie Delta
All I can say, Mr. Chairman, is that the right to search and seize is based on the rights protected under the Charter and that has to be protected in all cases.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Thank you, Mr. Nerysoo. Any other general comments? Does everybody agree, then, to go clause by clause?
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Clause By Clause
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Okay. Bill 10, An Act to Amend the Liquor Act, clause 1.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 2.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 3.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 4.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 5.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 6.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
Some Hon. Members
Agreed.
---Agreed
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 224
The Chair Brian Lewis
Clause 7.
Bill 10: An Act To Amend The Liquor Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
February 20th, 1995
Page 224
Some Hon. Members
Agreed.
---Agreed