SECU Committee Meeting

The Standing Committee on Public Safety and National Security met at 3:30 p.m. this day, in Room 268, La Promenade Building, the Chair, Kevin Sorenson, presiding.

Michael Anderson, by videoconference from Winnipeg, Manitoba, and Steve Sullivan made statements and answered questions.

At 4:31 p.m., the sitting was suspended.

At 4:31 p.m., the sitting resumed in camera.

The Committee proceeded to the consideration of matters related to Committee business.

At 4:49 p.m., the sitting was suspended.

At 4:51 p.m., the sitting resumed in public.

Pursuant to the Order of Reference of Wednesday, March 28, 2012, the Committee resumed consideration of Bill C-350, An Act to amend the Corrections and Conditional Release Act (accountability of offenders).

The Committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

On Clause 1,

“sponsibility of offenders by ensuring that they play an active role in addressing their obligations to society.”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 1 carried.

On Clause 2,

78.1 (1) In furtherance of the purpose referred to in paragraph 3(c), any amount owed to an offender as a result of a monetary award made to the offender by a final decision of a court or tribunal pursuant to a legal action or proceeding against Her Majesty in right of Canada, or an agent or employee of Her Majesty for any act or omission in the performance of his or her duties, must be satisfied by the payment of, in the order of priority set out below,

(a) any amount owing by the offender as a result of a spousal or child support order made by a court of competent jurisdiction;

(b) any amount owing by the offender as a result of a restitution order made under section 738 or 739 of the Criminal Code;

(c) any victim surcharge imposed under section 737 of the Criminal Code that is owing by the offender; and

(d) any other amount owing by the offender as a result of a judgment awarded by a court of competent jurisdiction.

(2) If an offender owes more than one amount described in any of paragraphs (1)(a) to (d), the amounts owed under that paragraph must be paid on a proportional basis if there are insufficient monies to fully satisfy them.

(3) Subsection (1) does not apply to any amount awarded in the decision for costs.

(4) Subsection (1) does not apply to any amount to be paid to an offender as a result of the Indian Residential Schools Settlement Agreement which came into force on September 19, 2007.

(5) In order to establish a right to receive a payment under subsection (1), a creditor must give written notice of the debt owed to him or her by the offender under any of paragraphs (1)(a) to (d) to the Service, in the prescribed form and manner and containing the prescribed information.

(6) In making payments under this section, Her Majesty must only take into account judgments or orders in respect of which a notice has been received under subsection (5).

(7) Any amount of the monetary award referred to in subsection (1) that remains after all payments have been made in accordance with subsections (1) to (6) must be paid to the offender.

(8) This section applies subject to any other Act of Parliament.

(9) Subsection 30(1) of the Crown Liability and Proceedings Act does not apply to amounts referred to in section 78.1.

78.2 (1) In order to establish whether a person to whom Her Majesty owes an amount as a result of a monetary award made to them by a final decision of a court or tribunal is an offender, the affected departments and agencies and the Service may, subject to any other Act of Parliament, disclose to each other any information that is necessary to establish the person’s identity.

(2) If it is established that a person referred to in subsection (1) is an offender, the Service may disclose to the affected department or agency any information with respect to debts for which it has received notice under subsection 78.1(5).

78.3 The Governor in Council may make regulations respecting

(a) the administration and operation of the scheme established under section 78.1; and

(b) the disclosure of information under section 78.2.

Debate arose thereon.

Rosane Doré Lefebvre moved, — That the amendment be amended by replacing the words “a spousal” by the words “a common-law partner, spousal”

By unanimous consent, the subamendment was withdrawn.

Randall Garrison moved, — That the amendment be amended by deleting paragraph 78.1(1)(d).

After debate, the question was put on the subamendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

After debate, the question was put on the amendment of Candice Hoeppner and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 2, as amended, carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-350, as amended, be reprinted for the use of the House at report stage.

At 5:20 p.m., the Committee adjourned to the call of the Chair.