SECU Committee Meeting

The Standing Committee on Public Safety and National Security met at 3:30 p.m. this day, in Room 237-C, Centre Block, the Chair, Daryl Kramp, presiding.

The witnesses answered questions.

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

On Clause 1,

“1. Subsection 17(1) of the Corrections and Conditional Release Act is replaced by the following:

17. (1) The institutional head may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head,

(a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

(b) it is desirable for the inmate to be absent from penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

(d) a structured plan for the absence has been prepared.

The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons.”

After debate, the question was put on the amendment of Roxanne James and it was agreed to.

Clause 1, as amended, carried.

On New Clause 1.1,

Roxanne James moved, — That Bill C-483 be amended by adding after line 21 on page 3 the following new clause:

“1.1 The Act is amended by adding the following after section 17:

17.1 (1) The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that

(a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

(b) it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

(d) a structured plan for the absence has been prepared. The temporary absence may be for a period of not more than 15 days.

(2) If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.

(3) If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada.

(4) The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society.

(5) The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so.

(6) The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence.”

Randall Garrison moved, — That the amendment be amended by adding after the word “prepared.” the following:

“The Institutional Head may still authorize escorted temporary absences for medical emergencies or court appearances.”

After debate, by unanimous consent, the subamendment was withdrawn.

Rosane Doré Lefebvre moved, — That the amendment be amended by adding after the words “has been prepared” the following:

“, (e) the inmate on escorted temporary absence is escorted in a secure vehicle by two staff members”

After debate, the question was put on the subamendment of Rosane Doré Lefebvre and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

After debate, the question was put on the amendment of Roxanne James and it was agreed to.

Clause 2 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-483, as amended, be reprinted for the use of the House at report stage.

At 5:30 p.m., the Committee adjourned to the call of the Chair.