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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 20 - Minutes of Proceedings

OTTAWA, Wednesday, November 25, 2009
(40)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:13 p.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.

Members of the committee present: The Honourable Senators Angus, Baker, P.C., Campbell, Carignan, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (11).

In attendance: Jennifer Bird and Robin MacKay, Analysts, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Thursday, September 17, 2009, the committee continued its consideration of Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 15.)

WITNESSES:

Office of the Correctional Investigator:

Howard Sapers, Correctional Investigator of Canada;

Ivan Zinger, Executive Director and General Counsel.

Canadian Association of Elizabeth Fry Societies:

Lucie Joncas, President.

The John Howard Society of Canada:

Craig Jones, Executive Director.

As individuals:

John Conroy, Lawyer;

Line Beauchesne, Professor, University of Ottawa.

Law Enforcement Against Prohibition:

David Bratzer, Canadian Representative.

The chair made an opening statement.

The Honourable Senator Baker, P.C. moved that the following documents be appended to the committee proceedings:

the written answers and additional charts provided by Statistics Canada to questions asked during the meeting of October 22, 2009 (see Appendix 5900-2.40/L1-C-15, 20 "8'').

The question being put on the motion, it was adopted.

The Honourable Senator Milne moved that the following material be filed as exhibits with the clerk of the committee:

  • Supplementary Submissions by Marc Mauer and Mary Price (Exhibit 5900-2.40/L1-C-15, 20 "4''):

  • Lessons Learned about Reducing Recidivism from Research on Correctional and Juvenile Delinquency Programs by David B. Wilson, Ph.D., George Mason University, October 2009;

  • The Mostly Unintended Effects of Mandatory Penalties: Two Centuries of Consistent Findings by Michael Tonry;

  • Mandatory Penalties in the Federal System — A comprehensive 1991 report by the U.S. Sentencing Commission;

  • Mandatory Penalties in the Federal System — 2009 update by the U.S. Sentencing Commission;

  • Measuring Recidivism: The Criminal History Computation of the Federal Sentencing Guidelines by the U.S. Sentencing Commission (May 2004);

  • Recidivism of Prisoners Released in 1994 — Bureau of Justice Statistics Special Report (June 2002);

  • Disparity by Design: How Drug-Free Zone Laws Impact Racial Disparity — and Fail to Protect Youth — Justice Policy Institute;

  • Case summary for United States v. Booker;

  • Case summary for Lockyer v. Andrade; and

  • Case summary for Harmelin v. Michigan.

  • Submission by Russell Barth, Federally Licensed Medical Marijuana User (Exhibit 5900-2.40/L1-C-15, 20 "5'').

  • Submission from Barreau du Québec (Letters to Minister Nicholson) (Exhibit 5900-2.40/L1-C-15, 20 "6'').

  • Submission from the Canadian HIV/AIDS Legal Network (Exhibit 5900-2.40/L1-C-15, 20 "7''):

  • Briefing Paper (April 2006) — Mandatory Minimum Sentences for Drug Offences: Why Everyone Loses; and

  • Brief — Misleading and Misguided: Mandatory Prison Sentences for Drug Offences.

  • Submission from Benedikt Fischer, the Cannabis Commission Report (Exhibit 5900-2.40/L1-C-15, 20 "8'').

  • Submission from Thomas Kerr, Links to Research cited during his testimony (Exhibit 5900-2.40/L1-C-15, 20 "9'').

The question being put on the motion, it was adopted.

Mr. Sapers and Mr. Zinger each made a statement and, together, answered questions.

The Honourable Senator Joyal, P.C. moved that the Report of the Office of the Correctional Investigator entitled: Good Intentions, Disappointing Results: A Progress Report on Federal Aboriginal Corrections (Exhibit 5900-2.40/L1- C-15, 20 "10''), be filed as an exhibit with the clerk of the committee.

The question being put on the motion, it was adopted.

At 5:33 p.m., the committee suspended.

At 5:39 p.m., the committee resumed.

Ms. Joncas and Mr. Jones each made a statement and, together, answered questions.

At 6:43 p.m., the committee suspended.

At 6:46 p.m., the committee resumed.

Mr. Bratzer, Ms. Beauchesne and Mr. Conroy each made a statement and, together, answered questions.

At 8:08 p.m., the committee adjourned to the call of the chair.

ATTEST:

OTTAWA, Thursday, November 26, 2009
(41)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:52 a.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.

Members of the committee present: The Honourable Senators Angus, Baker, P.C., Campbell, Carignan, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (11).

In attendance: Jennifer Bird and Robin MacKay, Analysts, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Thursday, September 17, 2009, the committee continued its consideration of Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 15.)

WITNESSES:

Cato Institute:

Glen Greenwald (by video conference).

Canadian Centre on Substance Abuse:

Michel Perron, Chief Executive Officer;

Rita Notarandrea, Deputy Chief Executive Officer;

Amy Porath-Waller, Senior Research and Policy Advisor;

Rebecca Jesseman, Research and Policy Advisor.

The chair made an opening statement.

Mr. Greenwald made a statement and answered questions.

At 11:40 a.m., the committee suspended.

At 11:44 a.m., the committee resumed.

Mr. Perron made a statement and, together with Ms. Notarandrea, Ms. Porath-Waller and Ms. Jesseman, answered questions.

At 1:11 p.m., the committee adjourned to the call of the chair.

ATTEST:

Jessica Richardson

Clerk of the Committee

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