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SECU Committee Report

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In accordance with its Order of Reference of Tuesday, October 23, 2018, your Committee has considered Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, and agreed on Thursday, November 29, 2018, to report it with the following amendments:

Clause 2

That Bill C-83, in Clause 2, be amended by replacing line 9 on page 1 with the following:

“2 (1) Paragraph 4(c) of the Act is replaced by the following:

(c) the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders;

(2) Paragraph 4(g) of the Act is replaced by the fol-”

That Bill C-83, in Clause 2, be amended by replacing lines 12 to 14 on page 1 with the following:

“spect gender, ethnic, cultural, religious and linguistic differences, sexual orientation and gender identity and expression, and are responsive to the special needs of women, Indigenous persons, visible minorities, persons requiring mental health”

Clause 3

That Bill C-83, in Clause 3, be amended by replacing lines 19 and 20 on page 1 with the following:

“and a determination is made under subsection 29.01(2), paragraph 37.3(1)(b) or section 37.4 that the offender should remain in”

That Bill C-83, in Clause 3, be amended

(a) by replacing, in the English version, line 21 on page 1 with the following:

“the structured intervention unit, the institutional head shall, as soon as practica-”

(b) by replacing, in the English version, line 4 on page 2 with the following:

“confinement in the structured intervention unit and to prepare them for reinte-”

That Bill C-83, in Clause 3, be amended by replacing line 5 on page 2 with the following:

“gration into the mainstream inmate population as soon as possible.”

Clause 6

That Bill C-83, in Clause 6, be amended by replacing line 38 on page 2 with the following:

“6 (1) The portion of section 28 of the Act before paragraph (a) is replaced by the following:

28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account

(2) Paragraph 28(c) of the French version of the”

Clause 7

That Bill C-83, in Clause 7, be amended by

(a) replacing lines 15 to 19 on page 3 with the following:

“(b) to another penitentiary, in accordance with the”

(b) replacing line 22 on page 3 with the following:

“(c) to a provincial correctional facility or hospital, in”

That Bill C-83, in Clause 7, be amended by adding after line 24 on page 3 the following :

“29.01 (1) A staff member who holds a position lower in rank than that of institutional head and who is designated by the Commissioner may, in accordance with the regulations made under paragraph 96(g), and subject to section 28, authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary into a structured intervention unit in the penitentiary or in another penitentiary.

(2) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit within the period of five working days that begins on the first working day on which the inmate is confined in the unit.”

Clause 10

That Bill C-83, in Clause 10, be amended by adding after line 18 on page 4 the following:

“(2) For the purposes of paragraph (1)(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.

(3) The Service shall maintain a record of every instance of an interaction referred to in paragraph (1)(b) that is mediated or interposed by such physical barriers.”

That Bill C-83, in Clause 10, be amended by replacing lines 21 to 25 on page 4 with the following:

“34 A staff member may authorize the transfer of an inmate into a structured intervention unit under subsection 29.01(1) only if the staff member is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the staff member be-”

That Bill C-83, in Clause 10, be amended by replacing, in the French version, line 28 on page 4 with the following:

“d’agir d’une manière qui mettrait en danger la sécurité d’une”

That Bill C-83, in Clause 10, be amended by adding after line 4 on page 5 the following:

“(2) The Service shall maintain a record of every instance in which an inmate is transferred into a structured intervention unit indicating the reasons for the transfer and any alternative considered in the making of the decision.

(3) No later than one working day after the transfer, the Service shall provide the inmate, in writing, with the reasons for the decision.”

That Bill C-83, in Clause 10, be amended by replacing lines 9 to 14 on page 5 with the following:

“36 (1) The Service shall, every day, between the hours of 7:00 a.m. and 10:00 p.m., provide an inmate in a structured intervention unit

(a) an opportunity to spend a minimum of four hours outside the inmate’s cell; and

(b) an opportunity to interact, for a minimum of two hours, with others, through activities including,”

That Bill C-83, in Clause 10, be amended by replacing line 1 on page 6 with the following:

“(c) in the prescribed circumstances, which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code, and those cir-”

That Bill C-83, in Clause 10, be amended by replacing lines 5 and 6 on page 6 with the following:

“that an inmate has been offered an opportunity referred to in paragraph 36(1)(a) or (b) that the inmate refused, indicating the specific opportunity and any reason given for the refusal, or has”

That Bill C-83, in Clause 10, be amended by adding after line 15 on page 6 the following:

“37.11 A staff member or a person engaged by the Service may recommend to a registered health care professional employed or engaged by the Service that the professional assess the mental health of an inmate, if the inmate

(a) refuses to interact with others for a prescribed period;

(b) exhibits a tendency to self-harm;

(c) is showing signs of an adverse drug reaction; or

(d) is showing signs of emotional distress or exhibiting behaviour that suggests that the inmate is in urgent need of mental health care.”

That Bill C-83, in Clause 10, be amended by

(a) replacing lines 21 to 27 on page 6 with the following:

“37.3 (1) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit

(a) as soon as practicable after a registered health care”

(b) replacing lines 30 and 31 on page 6 with the following:

“(b) within the period that begins on the day on which the determination under subsection 29.01(2) is made and”

(c) replacing line 35 on page 6 with the following:

“(c) as soon as practicable, if the inmate has refused to”

(d) replacing line 3 on page 7 with the following:

“(d) as soon as practicable in any of the prescribed cir-”

That Bill C-83, in Clause 10, be amended

(a) by adding after line 4 on page 7 the following:

“(1.1) Before making the determination, the institutional head shall visit the inmate.

(1.2) The institutional head shall maintain a record indicating the circumstances surrounding every instance in which, because of security requirements, a visit was not face to face or took place through a door hatch.”

(b) by adding after line 29 on page 7 the following:

“(5) No later than one working day after the visit, the institutional head shall provide the inmate, in writing, with the reasons for the decision.”

That Bill C-83, in Clause 10, be amended by replacing lines 5 to 24 on page 7 with the following:

“(2) As soon as practicable after the registered health care”

That Bill C-83, in Clause 10, be amended by adding after line 29 on page 7 the following:

“37.31 (1) If the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall, as soon as practicable, review the inmate’s case and may, for health reasons, recommend to the committee established under subsection (3) that the inmate’s conditions of confinement in the unit be altered or that the inmate not remain in the unit.

(2) The registered health care professional conducting the review must be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.

(3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of reviewing recommendations made under subsection (1) and making determinations under section 37.32.

37.32 (1) As soon as practicable after a registered health care professional recommends under subsection 37.31(1), for health reasons, that an inmate’s conditions of confinement in a structured intervention unit be altered, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.

(2) As soon as practicable after a registered health care professional recommends under subsection 37.31(1), for health reasons, that an inmate should not remain in a structured intervention unit, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit.”

That Bill C-83, in Clause 10, be amended by replacing lines 31 to 38 on page 7 with the following:

“nation under paragraph 37.3(1)(b) that an inmate should remain in a structured intervention unit, the Commissioner shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 30 days after the Commissioner’s last determination under this section that the inmate should remain in the unit.”

That Bill C-83, in Clause 10, be amended by adding after line 38 on page 7 the following:

“37.41 (1) The institutional head, the Commissioner or the committee established under subsection 37.31(3) may determine that an inmate should remain in a structured intervention unit only if they believe on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population

(a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or

(b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.

(2) In making the determination, the institutional head, the Commissioner or the committee, as the case may be, shall take into account

(a) the inmate’s correctional plan;

(b) the appropriateness of the inmate’s confinement in the penitentiary;

(c) the appropriateness of the inmate’s security classification; and

(d) any other consideration that he or she considers relevant.”

Clause 23

That Bill C-83, in Clause 23, be amended by adding after line 10 on page 11 the following:

Indigenous organization means an organization with predominately Indigenous leadership. (organisme autochtone)”

That Bill C-83, in Clause 23, be amended by adding after line 26 on page 11 the following:

“(2) The factors described in paragraphs (1)(a) to (c) are not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous inmate.”

Clause 25

That Bill C-83, in Clause 25, be amended by adding after line 15 on page 12 the following:

“(1.1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spiritual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.”

Clause 30

That Bill C-83, in Clause 30, be amended by replacing line 17 on page 14 with the following:

“(b) to enable inmates and their families or an individual identified by the inmate as a support person to understand”

Clause 31

That Bill C-83, in Clause 31, be amended by replacing line 23 on page 14 with the following:

“tured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;”

That Bill C-83, in Clause 31, be amended by adding the following after line 27 on page 14:

“(2.1) Paragraph 96(l) of the French version of the Act is replaced by the following:

l) précisant la manière d’effectuer les inspections lors d’une fouille à nu, d’une fouille discrète ou d’une fouille par palpation, au sens de l’article 46;”

New Clause 32.1

That Bill C-83 be amended by adding after line 12 on page 15 the following new clause:

“32.1 Paragraph 101(c) of the Act is replaced by the following:

(c) parole boards make the least restrictive determinations that are consistent with the protection of society;”

Clause 39

That Bill C-83, in Clause 39, be amended by replacing line 23 on page 16 with the following:

“subsection 29.01(1) of the Corrections and Condi-”

New Clause 40.1

That Bill C-83 be amended by adding after line 30 on page 16 the following new clause:

“Review and Report

40.1 (1) 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 the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.”

Your Committee has ordered a reprint of Bill C-83, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 135 to 137, 139 and 141) is tabled.