Report of the committee
Tuesday, June 7, 2022
The Standing Senate Committee on National Security and Defence has the honour to present its
FIRST REPORT
Your committee, which was authorized to examine the subject matter of those elements contained in Divisions 19 and 20 of Part 5 of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures, has, in obedience to the order of reference of May 4, 2022, examined the said subject matter and now reports as follows:
1.On May 16, 2022, the committee heard from Public Safety Canada, the Correctional Service of Canada, the Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada on the subject matter of Division 19. The Correctional Investigator of Canada submitted a brief concerning that division. As well, the Canada Border Services Agency, the Canadian Association of Importers and Exporters, and Livingston International — a customs broker — discussed Division 20.
2.Division 19 would amend the Corrections and Conditional Release Act to restrict the use of detention in dry cells to cases where the institutional head has reasonable grounds to believe that an inmate has ingested contraband or that contraband is being carried in the inmate’s rectum. These proposed amendments are partly designed to address a Supreme Court of Nova Scotia decision. On June 25, 2021, the court ruled that the use of dry cells has a disproportionate impact on women and contravenes section 15 of the Canadian Charter of Rights and Freedoms.
3.Regarding Division 19, Public Safety Canada officials indicated that the proposed amendments would bring the Corrections and Conditional Release Act into compliance with the Canadian Charter of Rights and Freedoms, while Correctional Service of Canada officials noted that — at least once daily — a registered health professional would be required to visit an inmate detained in a dry cell. The Canadian Association of Elizabeth Fry Societies, the John Howard Society of Canada and the brief submitted by the Correctional Investigator of Canada proposed that there should be a maximum period for detention in a dry cell, such as 72 hours. Committee members believe that there may be alternatives to the practice of detention in dry cells, such as body scans, and concur with the above views that a maximum detention time of 72 hours should be established.
4.The committee questions the appropriateness of amending the Corrections and Conditional Release Act in budget implementation legislation. The proposed amendments are unrelated to the financial management of Canada, though the committee acknowledges that the measures are referenced in Annex 3 of Budget 2022.
5.Division 20 would amend the Customs Act to enable the Canada Border Services Agency to administer and enforce the Customs Act by electronic means. The proposed changes would also define the term “importer of record” and make that importer liable to pay duties on imported goods alongside the importer or person authorized to account for the goods, as the case may be, and the goods’ owner.
6.Concerning Division 20, the Canadian Association of Importers and Exporters, as well as Livingston International, suggested that the Canada Border Services Agency should consult further with Canadian trade associations and businesses. In their view, such consultations could minimize any unintended negative consequences that would result from the implementation of legislative changes affecting the cross-border movement of goods, such as those proposed in Division 20. These witnesses also underscored that Canada could learn from such countries as the United States regarding private-sector involvement when changes to import and export systems are being considered or implemented.
7.Having studied the subject matter of Divisions 19 and 20 of Part 5 of Bill C-19, your committee supports the amendments proposed to the Corrections and Conditional Release Act and the Customs Act, respectively, but has strong reservations about the amendments proposed to the former.
Respectfully submitted,
TONY DEAN
Chair