Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 60 - Minutes of Proceedings - May 16, 2019
OTTAWA, Thursday, May 16, 2019
(140)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:31 a.m., in room W110, 1 Wellington St., the chair, the Honourable Chantal Petitclerc, presiding.
Members of the committee present: The Honourable Senators Bellemare, Eaton, Forest-Niesing, Kutcher, McInnis, Mégie, Munson, Omidvar, Pate, Petitclerc, Poirier, Ravalia, Seidman and Wells (14).
Other senators present: The Honourable Senators Klyne and Moodie (2).
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, May 2, 2019, the committee continued its consideration of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. (For complete text of the order of reference, see proceedings of the committee, Issue No. 59.)
WITNESSES:
Public Safety Canada:
Angela Arnet Connidis, Director General, Crime Prevention, Corrections and Criminal Justice Directorate.
Correctional Service of Canada:
Jennifer Wheatley, Assistant Commissioner, Health Services;
Luc Bisson, Acting Director General, Executive Secretariat and Chief of Staff;
Lee Redpath, Executive Director, Structured Intervention Units;
Marty Maltby, Acting Director General, Aboriginal Initiatives Directorate.
Department of Justice Canada:
Juline Fresco, Counsel.
The chair made as statement.
Ms. Connidis, Ms. Wheatley, Mr. Bisson, Mr. Redpath, Mr. Maltby and Ms. Fresco were invited to the table. For the remainder of the meeting, Ms. Connidis, Ms. Wheatley, Mr. Bisson, Mr. Redpath and Ms. Fresco answered questions from time to time.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
It was agreed that the title stand postponed.
The chair asked whether clause 1 shall carry.
The Honourable Senator Kutcher moved:
That Bill C-83 be amended in clause 1, on page 1, by adding the following after line 8:
"mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 1, as amended, carry.
The chair asked whether clause 2 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 2, on page 1, by adding the following after line 13:
"(c.1) the Service considers and gives preference to alternatives to carceral isolations, notably through a broad interpretation — informed by human rights — of sections 29, 81 and 84, thereby recognizing the fundamental role of transfers of incarcerated persons to community-based institutions funded by the Service in promoting rehabilitation, reintegration and public safety;".
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 2, on page 1, by adding the following after line 13:
"(c.1) the Service allocates its financial resources in a manner that prioritizes the development of programs offered to incarcerated persons, including educational programs, vocational training and volunteer programs, and alternatives to carceral isolation, including alternatives developed in accordance with sections 29, 81 and 84;".
At 11:13 a.m., the committee suspended.
At 11:20 a.m., the committee resumed.
After debate, it was agreed that that the motion in amendment and clause 2 stand postponed.
The chair asked whether clause 3 shall carry.
The Honourable Senator Kutcher moved:
That Bill C-83 be amended in clause 3, on page 2, by adding the following after line 2:
"(2.01) As part of the development of every offender's correctional plan under subsection (1), the institutional head shall refer, in the prescribed manner, the offender for a mental health assessment as soon as practicable — and no later than 30 days — after the offender is received into the penitentiary.".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3 stand postponed.
With leave, it was agreed to group clauses for which there are no amendments identified in the roadmap.
It was agreed that clauses 4 to 6 carry.
The chair asked whether clause 7 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 7, on page 3:
(a) by replacing line 23 with the following:
"(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
(b) within a penitentiary, from an area that has been";
(b) by replacing lines 28 and 29 with the following:
"28; or
(c) to another penitentiary, in accordance with the"; and
(c) by replacing lines 31 to 34 with the following:
"section 28.".
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Kutcher moved:
That Bill C-83 be amended in clause 7, on page 4, by adding the following after line 5:
"(1.1) Within 24 hours of a person being transferred into a structured intervention unit in a penitentiary under subsection (1), the person who authorized the transfer shall refer, in the prescribed manner, the inmate for a mental health assessment.".
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 7, on page 4, by adding the following after line 11:
"29.02 If a mental health assessment or an assessment by a registered health care professional concludes that an incarcerated person suffers from any disabling mental health issue, the Commissioner shall authorize that person's transfer to a psychiatric hospital in accordance with section 29.".
The question being put on the motion in amendment, it was adopted.
It was agreed that that clause 7 stand postponed.
It was agreed that clause 8 carry.
The chair asked whether clause 9 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 9, on page 4,
(a) by replacing line 19 with the following:
"9 (1) Subsections 30(1) and (2) of the French version"; and
(b) by adding the following after line 27:
"(2) Section 30 of the Act is amended by adding the following after subsection (2):
(2.1) Despite subsection (1), every woman confined in a penitentiary shall initially be assigned a minimum security classification that shall not be changed unless the Service concludes that such change is necessary for reasons of public safety.".
After debate, the question being put on the motion in amendment, it was negatived, on division.
It was agreed that clause 9 carry.
The chair asked whether clause 10 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 10,
(a) on page 4, by replacing lines 31 to 33 with the following:
"31 (1) A structured intervention unit is
(a) any area of a penitentiary, regardless of name, in which an incarcerated person is separated from the mainstream or general population and is required to spend less time outside their cell or engaging in activities than a person confined in the mainstream or general population; or
(b) a penitentiary or any area in a penitentiary that is designated by the Commissioner to be a structured intervention unit.
(2) Women, persons under the age of 22 and individuals suffering from disabling mental health issues or having a history of disabling mental health issues must not be confined in a structured intervention unit.
(3) Despite anything in this or any other Act, no individual is to be confined in a structured intervention unit after the second anniversary of the day on which this Act receives royal assent.";
(b) on page 5,
(i) by adding the following after line 20:
"33.1 (1) No individual is to be confined in a structured intervention unit for more than 48 hours except in accordance with this section.
(2) The Service may apply to a Superior Court for an order extending the period of confinement in a structured intervention unit as the Court considers appropriate if, in the opinion of the Court, confinement for more than 48 hours is necessary for a purpose enumerated in subsection 32(1).
(3) No order under subsection (2) is to result in
(a) any given period of confinement in a structured intervention unit exceeding 15 consecutive days;
(b) any person being confined in a structured intervention unit for more than 60 days in any period of 365 days; or
(c) any person being confined in a structured intervention unit until at least three days have elapsed since the last day of their previous period of confinement.";
(c) on page 8,
(i) by replacing line 6 with the following:
"mend to the independent external decision-maker that the conditions of con- ",
(ii) by replacing line 9 with the following:
"37.3 (1) The independent external decision-maker shall determine, in ac-",
(iii) by replacing lines 15 to 21 with the following:
"health reasons, that the person not remain in the unit; and
(b) as soon as practicable in any of the prescribed cir-",
(iv) by replacing line 26 with the following:
"be altered, the independent external decision-maker shall determine whether",
(v) by replacing lines 30 and 31 with the following:
"the independent external decision-maker shall visit the person.
(4) The independent external decision-maker shall maintain a record indi-", and
(vi) by replacing line 37 with the following:
"independent external decision-maker shall orally notify the person of the";
(d) on page 9,
(i) by replacing line 3 with the following:
"mination was made, the independent external decision-maker shall provide", and
(ii) by deleting lines 5 to 36;
(e) on page 10,
(i) by replacing lines 1 to 12 with the following:
"37.4 (1) The independent external decision-maker may",
(ii) by replacing lines 22 and 23 with the following:
"(2) In making the determination, the independent external decision-maker", and
(iii) by replacing line 37 with the following:
"37.6 (1) The Governor in Council shall appoint one or more persons";
(f) on page 11,
(i) by replacing lines 2 and 3 with the following:
"ternal decision-maker, a person must
(a) be a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec; and
(b) have experience, expertise and interest in, and sensitivity to, both human rights and carceral issues.
A", and
(ii) by replacing lines 5 and 7 with the following:
"external decision-maker if, at any time, the person was a staff member, was appointed under subsection 6(1) or had a contractual relationship with the Service.";
(g) on page 13, by deleting lines 25 to 42;
(h) on page 14,
(i) by replacing lines 1 to 22 with the following:
"37.8 (1) If, for five consecutive days, a person confined in a", and
(ii) by replacing lines 35 to 39 with the following:
"tion and may direct the Service to remove the person from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III."; and
(i) on page 15,
(i) by deleting lines 1 to 6,
(ii) by replacing line 15 with the following:
"ment and sections 33, 35 to 37.3 and 37.8 apply", and
(iii) by adding the following after line 25:
"37.92 (1) Despite anything in this Act, no incarcerated person is to be separated from the mainstream or general population except in exigent circumstances and in accordance with section 33.1 or this section.
(2) Subject to subsection (3), the Service may separate an incarcerated person not referred to in subsection 31.1(2) from the mainstream or general population for up to 48 hours in exigent circumstances.
(3) The Service may apply to a Superior Court for an order extending the period referred to in subsection (2) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose enumerated in subsection 32(1).
(4) No order under subsection (3) is to result in any given period of separation to exceed five consecutive days.".
After debate, the question being put on the motion in amendment, it was negatived on the following vote.
YEAS
The Honourable Senator
Pate — [1]
NAYS
The Honourable Senators
Eaton, McInnis, Mégie, Poirier, Seidman — [5]
ABSTENTIONS
The Honourable Senators
Forest-Niesing, Kutcher, Munson, Omidvar, Petitclerc, Ravalia — [6]
The chair asked whether clause 3, as amended, shall carry.
It was agreed that clause 3, as amended, carry.
The chair asked whether clause 7, as amended, shall carry.
It was agreed that clause 7, as amended, carry.
The chair asked whether clause 10 shall carry.
The Honourable Senator Bellemare moved:
That Bill C-83, in Clause 10, be amended by replacing line 15 on page 15 with the following:
"ment and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 10, as amended, carry, on division.
The Honourable Senator Pate moved:
That Bill C-83 be amended on page 15 by adding the following after line 25:
"10.1 Subsection 31(2) of the Act is replaced by the following:
(2) Women, persons under the age of 22, individuals suffering from disabling mental health issues or having a history of disabling mental health issues or Indigenous persons must not be confined in a structured intervention unit.".
CHAIR'S RULING
The chair ruled that this amendment was dependent on a previous amendment to clause 10. Since that change to clause 10 was negatived, this amendment is out of order.
It was agreed that clauses 11 to 13 carry.
The chair asked whether clause 14 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 14, on page 16, by replacing lines 7 to 15 with the following:
"48 A staff member may not conduct a strip search of any person confined in a penitentiary without individualized reasonable grounds.".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 14, as amended, carry.
It was agreed that clauses 15 to 22 carry.
The chair asked whether clause 23 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 23, on page 18, by replacing line 29 with the following:
"er, including his or her family and adoption history.".
After debate, it was agreed that the motion in amendment stand postponed.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 23, on page 18, by replacing lines 31 to 33 with the following:
"to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous person, but only to decrease the level of risk posed by such a person.".
The question being put on the motion in amendment, it was adopted.
At 1:16 p.m., the committee adjourned to the call of the chair.
ATTEST:
Daniel Charbonneau
Clerk of the Committee