Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 61 - Minutes of Proceedings - May 27, 2019
OTTAWA, Monday, May 27, 2019
(141)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 4:11 p.m., in room B30, Senate of Canada Building, the chair, the Honourable Chantal Petitclerc, presiding.
Members of the committee present: The Honourable Senators Bellemare, Deacon (Ontario), Eaton, Forest-Niesing, Mégie, Munson, Oh, Omidvar, Pate, Petitclerc, Poirier, Ravalia, Seidman and Stewart Olsen (14).
Other senators present: The Honourable Senators Dasko, Klyne and Kutcher (3).
In attendance: Alexandra Smith and Laura Munn-Rivard, Analysts, Parliamentary Information and Research Services, Library of Parliament.
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 examination 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 Canada:
Jennifer Wheatley, Assistant Commissioner, Health Services;
Luc Bisson, Acting Director General, Executive Secretariat and Chief of Staff;
Marty Maltby, Acting Director General, Aboriginal Initiatives Directorate;
Lee Redpath, Executive Director, Structured Intervention Units.
Department of Justice Canada:
Juline Fresco, Counsel.
The committee resumed clause-by-clause consideration of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
The Honourable Senator Bellemare moved:
That Bill C-83, in clause 23, be amended by replacing line 33 on page 18 with the following:
"mate unless those factors have mitigating effect on the level of risk.''
At 4:20 p.m., the committee suspended.
At 4:22 p.m., the committee resumed.
After debate and with leave, the amendment was withdrawn.
The committee resumed debate on the motion in amendment from the Honourable Senator Pate:
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, the Honourable Senator Forest-Niesing moved that the motion in amendment be amended in the French version by replacing the words "le fait qu'il a été adopté ou non'' with "son historique d'adoption''.
After debate, the questions being put on the subamendment, it was adopted.
After debate, the question being put on the motion in amendment as amended, it was adopted.
It was agreed that clause 23, as amended, carry.
The committee resumed debate on the motion in amendment from the Honourable Senator Pate:
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;''.
After debate and with leave, the amendment was withdrawn.
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 ensures the effective delivery of
(i) programs to incarcerated persons for the purpose of rehabilitation, including educational programs, vocational training and volunteer programs, and
(ii) alternatives to carceral isolation, including alternatives developed in accordance with sections 29, 81 and 84;''.
With leave, it was agreed to remove the words, "to carceral isolation,''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2, as amended, carry.
The Honourable Senator Pate moved:
That, pursuant to rule 10-5, clause 10 of Bill C-83 be reconsidered.
After debate, the question being put on the motion, it was adopted, on division.
The Honourable Senator Forest-Niesing moved:
That Bill C-83 be amended in clause 10,
(a) on page 4, by replacing lines 28 to 33 with the following:
"10 Sections 32 to 37 are replaced by the following:
32 (1) The Service must, in respect of administrative segregation or any other separation of a person confined in a penitentiary from the general population of a penitentiary, comply with
(a) the United Nations Rules for the Treatment of Women Prisoners and Non-custodial measures for Women Offenders (the Bangkok Rules), adopted on December 21, 2010;
(b) the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted on December 17, 2015; and
(c) the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted on December 14, 1990.
(2) For greater certainty, every reference, in the instruments referred to in subsection (1), to "solitary confinement'', "close confinement'', disciplinary segregation'', "placement in a dark cell'' or "closed confinement'' shall be read as a reference to administrative segregation for the purposes of this Act.'';
(b) on page 5, by deleting lines 1 to 39;
(c) on page 6, by deleting lines 1 to 36;
(d) on page 7, by deleting lines 1 to 38;
(e) on page 8, by deleting lines 1 to 37;
(f) on page 9, by deleting lines 1 to 36;
(g) on page 10, by deleting lines 1 to 38;
(h) on page 11, by deleting lines 1 to 38;
(i) on page 12, by deleting lines 1 to 39;
(j) on page 13, by deleting lines 1 to 42;
(k) on page 14, by deleting lines 1 to 39; and
(l) on page 15, by deleting lines 1 to 25.
After debate and with leave, the amendment was withdrawn.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 10, on page 5, by replacing lines 19 and 20 with the following:
"33 (1) Any confinement in a structured intervention unit is to end as soon as possible. In particular, no such confinement is to have a duration of more than 48 hours unless authorized by a Superior Court under subsection (2).
(2) A Superior Court may, on application by the Service, extend the duration of the period referred to in subsection (1) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose described in subsection 32(1).''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote.
YEAS
The Honourable Senators
Deacon, Forest-Niesing, Mégie, Oh, Omidvar, Pate, Petitclerc, Ravalia—[9]
NAYS
The Honourable Senator
Eaton—[1]
ABSTENTIONS
The Honourable Senators
Seidman, Stewart Olsen—[2]
It was agreed that clause 10, as amended, carry.
The chair asked whether clause 24 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 24, on page 19, by replacing lines 1 to 11 with the following:
"24 Section 81 of the Act is replaced by the following:
81 (1) The Minister or a person authorized by the Minister may, for the purposes of providing correctional services, enter into an agreement with
(a) an Indigenous organization;
(b) an Indigenous governing body;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; or
(e) any other entity that will provide community-based support services, including to other specific populations.
(2) For the purposes of paragraphs (1)(c) and (d), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(3) An agreement under subsection (1) may provide for payment by the Minister or a person authorized by the Minister in respect of the services provided by an entity described in paragraphs (1)(a) to (e).
(4) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer a person confined in a penitentiary to an entity described in paragraphs (a) to (e) with the consent of that entity and the person serving a sentence.
(5) The Commissioner is to take all reasonable steps to
(a) identify entities described in paragraphs 1(a) to (e) for the purpose of entering into agreements; and
(b) seek to transfer persons confined in a penitentiary to an entity with which an agreement exists, particularly in cases in which the person is a member of a disadvantaged or minority population that the entity seeks to serve.
(6) No person confined in a penitentiary is to be denied a transfer to an entity with which an agreement exists if the person and the entity consent unless the transfer is, as determined by a Court of competent jurisdiction, not to be in the interests of justice.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 24, as amended, carry.
The chair asked whether clause 25 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 25, on page 20, by replacing lines 3 to 10 with the following:
"84 (1) If a person confined in a penitentiary requests the support, on release, of an entity referred to in subsection (2), the Service shall provide that entity with an opportunity to propose a plan for the person's release and integration into the community in which the person is to be released.
(2) The following are the relevant entities for the purposes of subsection (1):
(a) the community's Indigenous governing body, if applicable;
(b) an Indigenous organization that is active in the community;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; and
(e) any other entity that provides support services in the community, including to other specific populations.
(3) For the purposes of subsection (2), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(4) The Service shall
(a) take all reasonable measures to inform confined persons about the entities described in paragraphs (2)(a) to (e); and
(b) give every entity that has proposed a plan referred to in subsection (1) adequate notice of the person's parole review or their statutory release date, as the case may be.
(5) If the Parole Board of Canada makes any decision that is inconsistent with a plan that has been proposed by an entity for the release and integration of a person into a community, it shall provide written reasons for its decision.''.
The question being put on the motion in amendment, it was adopted, on division.
At 6:01 p.m. the Honourable Senator Poirier replaced the Honourable Senator Stewart Olsen as a member of the committee.
It was agreed that clause 25, as amended, carry.
It was agreed that clause 26 carry.
It was agreed that clause 27 carry.
It was agreed that clause 28 carry.
The chair asked whether clause 29 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 29, on page 21, by replacing lines 19 and 20 with the following:
"decisions relating to placement, transfer, administrative segregation or any other separation from the mainstream or general population of a penitentiary and disciplinary mat-''.
After debate and with leave, the amendment was withdrawn.
It was agreed that clause 29 carry.
It was agreed that clause 30 carry.
It was agreed that clauses 31 to 35 carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended on page 23 by adding the following after line 34:
"35.1 The Act is amended by adding the following after section 198:
PART III.1
Unfairness in the Administration of a Sentence
198.1 (1) An incarcerated person may apply to the court that imposed the sentence being served for an order reducing the period of their incarceration or parole ineligibility as the Court considers appropriate and just in the circumstances if, in the opinion of the Court, there was unfairness in the administration of a sentence.
(2) In subsection (1), unfairness in the administration of a sentence includes any decision, recommendation, act or omission of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affected the person and that was
(a) contrary to law or an established policy;
(b) unreasonable, unjust, oppressive or improperly discriminatory;
(c) based wholly or partly on a mistake of law or fact; or
(d) an abuse of discretionary power.
(3) An application under subsection (1) must be made
(a) no later than 60 days after
(i) the events giving rise to the alleged unfairness in the administration of a sentence occurred,
(ii) the Service has provided to the incarcerated person any incident report or other document related to the events giving rise to the alleged unfairness in the administration of a sentence, or
(iii) the person is informed of the conclusions and recommendations of the Correctional Investigator under section 178 in relation to these events; or
(b) within any other period of time that the Court may establish, at its discretion and at any time, if that period is greater than the period referred to in paragraph (a).
(4) Nothing in this section abrogates or derogates from any other right or remedy that may be available to an incarcerated person, including a right or remedy under this Act.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote.
YEAS
The Honourable Senators
Deacon, Mégie, Pate—[3]
NAYS
The Honourable Senator
Omidvar—[1]
ABSTENTIONS
The Honourable Senators
Eaton, Forest-Niesing, Munson, Oh, Petitclerc, Poirier, Ravalia, Seidman—[8]
The chair asked whether clause 36 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended on page 23, by adding the following after line 35:
"Criminal Code
36.1 Subsection 720(2) of the Criminal Code is replaced by the following:
(2) The court may, with the consent of the Attorney General and a convicted individual, and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the individual to attend
(a) a recognized treatment program, including culturally specific programs that are under the supervision of the court, such as an addiction treatment program or other educational or counselling program; or
(b) a community-based program aimed at remedying any harm caused or at rehabilitation or reintegration that the court considers appropriate.
(3) If, in the opinion of the court, the individual has successfully completed a program under subsection (2), the court, despite any provision of law establishing the offence for which the individual was found guilty, is not required to impose any minimum punishment, including any prohibition order, and may direct a discharge under section 730.''.
A point of order was raised concerning the admissibility of the amendment.
After debate and with leave, the amendment was withdrawn.
It was agreed that clauses 36 to 39 carry, on division.
The chair asked whether clause 40.1 shall carry.
The Honourable Senator Pate moved:
That Bill C-83 be amended in clause 40.1,
(a) on page 24, by replacing lines 25 to 31 with the following:
"40.1 (1) At the start of the second year after the day on which this section comes into force, and at the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by a committee of the Senate and a committee of the House of Commons that may be designated or established for that purpose.
(2) The review referred to in subsection (1) must include a review of the progress that has been made in eliminating practices that involve separating an incarcerated person from the general population of a penitentiary.
(3) A committee referred to in subsection (1) must, within one year after a review is undertaken under that subsection, submit a report to the House of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends for the purpose of ensuring the elimination of practices that involve separating an incarcerated person from the general population of a penitentiary.''; and
(b) on page 25, by deleting lines 1 to 7.
With leave, it was agreed to replace the words "House of Parliament'' with "Houses of Parliament''.
After debate, the question being put on the motion in amendment, as amended, it was adopted.
It was agreed that clause 40.1, as amended, carry.
It was agreed that clause 40 carry.
It was agreed that the title carry,
It was agreed that the bill, as amended, carry, on division.
It was agreed that observations be appended to the committee's report on the bill.
After debate, it was agreed to append the observations proposed by the Honourable Senator Deacon, with modifications.
After debate, it was agreed to append the observations proposed by the Honourable Senator Seidman.
The committee considered the first observation proposed by the Honourable Senator Pate.
After debate, the question being put on the draft observation, it was negatived on the following vote.
YEAS
The Honourable Senator
Pate—[1]
NAYS
The Honourable Senators
Eaton, Poirier, Seidman—[3]
ABSTENTIONS
The Honourable Senators
Petitclerc, Deacon, Forest-Niesing, Mégie, Munson, Oh, Omidvar, Ravalia—[8]
The committee considered the second observation proposed by the Honourable Senator Pate.
After debate, the question being put on the draft observation, it was negatived.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into account today's discussions and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the chair report Bill C-83 with amendments and with observations to the Senate.
At 6:48 p.m., the committee adjourned to the call of the chair.
ATTEST:
Daniel Charbonneau
Clerk of the Committee