JUST Committee Report

Clause 20

That Bill C-5, in Clause 20, be amended by replacing lines 1 to 4 on page 6 with the following:

“10.4 (1) The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred.

(2) Any information contained in the record kept pursuant to subsection (1) may be made available to:

a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates;

b) any peace officer for any purpose related to the administration of the case to which the record relates; or

c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is

i. engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code, in respect of that person, or

ii. preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates.

(3) Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.”

That Bill C-5, in Clause 20, be amended by adding after line 11 on page 6 the following:

“10.6 (1) Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day.

(2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence.

(3) The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart referred to in subsections (1) and (2).”

That Bill C-5, in Clause 20, be amended by adding after line 11 on page 6 the following:

“Exception for Service Providers

10.6 No social worker, medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance included in Schedule I, II or III and they intend to, within a reasonable period, lawfully dispose of it.”

New Clause 21

That Bill C-5 be amended by adding after line 11 on page 6 the following new clause:

“Review

21 On the fourth anniversary of the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the standing committee of each House that normally considers matters relating to justice.”