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42nd PARLIAMENT, 1st SESSION

Journals

No. 387

Tuesday, February 26, 2019

10:00 a.m.



Prayer
Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— No. 421-03144 concerning organ transplants. — Sessional Paper No. 8545-421-138-18;
— No. 421-03145 concerning oil and gas. — Sessional Paper No. 8545-421-67-11.

Motions

Mr. Lamoureux (Winnipeg North), seconded by Mr. Holland (Ajax), moved, — That the House do now proceed to the Orders of the Day.

The question was put on the motion and it was agreed to on the following division:

(Division No. 996 -- Vote no 996)
YEAS: 166, NAYS: 111

YEAS -- POUR

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Bibeau
Bittle
Blair
Boissonnault
Bossio
Bratina
Breton
Casey (Charlottetown)
Chagger
Champagne
Cormier
Cuzner
Dabrusin
Damoff
DeCourcey
Dhaliwal
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus
Fillmore

Finnigan
Fisher
Fonseca
Fortier
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Gerretsen
Goldsmith-Jones
Goodale
Gould
Graham
Hajdu
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hussen
Hutchings
Iacono
Joly
Jordan
Jowhari
Khalid
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
LeBlanc
Lebouthillier
Lefebvre
Leslie
Levitt
Lightbound
Lockhart
Long
Longfield

Ludwig
MacAulay (Cardigan)
MacKinnon (Gatineau)
Maloney
Massé (Avignon—La Mitis—Matane—Matapédia)
May (Cambridge)
McCrimmon
McDonald
McGuinty
McKay
McKenna
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Peschisolido
Peterson
Petitpas Taylor
Philpott
Picard
Poissant
Qualtrough
Ratansi
Rioux
Robillard
Rodriguez
Rogers

Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sohi
Sorbara
Spengemann
Tabbara
Tan
Tassi
Trudeau
Vandal
Vandenbeld
Vaughan
Virani
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 166

NAYS -- CONTRE

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Aubin
Barlow
Barrett
Barsalou-Duval
Benson
Benzen
Bergen
Berthold
Bezan
Blaikie
Block
Boulerice
Boutin-Sweet
Brassard
Brosseau
Cannings
Caron
Carrie
Chong
Choquette
Christopherson

Cooper
Deltell
Diotte
Doherty
Donnelly
Dreeshen
Dubé
Duncan (Edmonton Strathcona)
Dusseault
Duvall
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Fortin
Garrison
Généreux
Genuis
Gill
Gourde
Hardcastle
Harder
Hoback
Hughes
Jeneroux
Jolibois
Kelly
Kent
Kitchen

Kmiec
Kusie
Lake
Leitch
Liepert
Lloyd
Lobb
Lukiwski
MacGregor
MacKenzie
Marcil
Martel
Masse (Windsor West)
Mathyssen
May (Saanich—Gulf Islands)
McCauley (Edmonton West)
McColeman
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nantel
Nater
Nicholson
O'Toole
Paul-Hus
Pauzé
Poilievre
Quach

Raitt
Ramsey
Rankin
Rayes
Rempel
Sansoucy
Saroya
Scheer
Schmale
Shipley
Sopuck
Sorenson
Stanton
Ste-Marie
Strahl
Stubbs
Sweet
Tilson
Trost
Wagantall
Warawa
Warkentin
Waugh
Webber
Wong
Yurdiga
Zimmer

Total: -- 111

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

Government Orders

Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Goodale (Minister of Public Safety and Emergency Preparedness), moved, — That, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and not more than one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.

Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.

The question was put on the motion and it was agreed to on the following division:

(Division No. 997 -- Vote no 997)
YEAS: 166, NAYS: 120

YEAS -- POUR

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Bibeau
Bittle
Blair
Boissonnault
Bossio
Bratina
Breton
Casey (Charlottetown)
Chagger
Champagne
Cormier
Cuzner
Dabrusin
Damoff
DeCourcey
Dhaliwal
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus
Fillmore

Finnigan
Fisher
Fonseca
Fortier
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Gerretsen
Goldsmith-Jones
Goodale
Gould
Graham
Hajdu
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hussen
Hutchings
Iacono
Joly
Jordan
Jowhari
Khalid
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
LeBlanc
Lebouthillier
Lefebvre
Leslie
Levitt
Lightbound
Lockhart
Long
Longfield

Ludwig
MacAulay (Cardigan)
MacKinnon (Gatineau)
Maloney
Massé (Avignon—La Mitis—Matane—Matapédia)
May (Cambridge)
McCrimmon
McDonald
McGuinty
McKay
McKenna
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Peschisolido
Peterson
Petitpas Taylor
Philpott
Picard
Poissant
Qualtrough
Ratansi
Rioux
Robillard
Rodriguez
Rogers

Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sohi
Sorbara
Spengemann
Tabbara
Tan
Tassi
Trudeau
Vandal
Vandenbeld
Vaughan
Virani
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 166

NAYS -- CONTRE

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Aubin
Barlow
Barrett
Barsalou-Duval
Benson
Benzen
Bergen
Berthold
Bezan
Block
Boudrias
Boulerice
Boutin-Sweet
Brassard
Brosseau
Caron
Carrie
Chong
Choquette
Christopherson
Clarke
Clement
Cooper

Cullen
Deltell
Diotte
Doherty
Donnelly
Dreeshen
Dubé
Duncan (Edmonton Strathcona)
Dusseault
Duvall
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Finley
Fortin
Gallant
Garrison
Généreux
Genuis
Gourde
Hardcastle
Harder
Hoback
Hughes
Jeneroux
Johns
Jolibois
Kelly
Kent
Kitchen

Kmiec
Kusie
Lake
Lauzon (Stormont—Dundas—South Glengarry)
Leitch
Liepert
Lloyd
Lobb
Lukiwski
MacGregor
MacKenzie
Martel
Masse (Windsor West)
Mathyssen
May (Saanich—Gulf Islands)
McCauley (Edmonton West)
McColeman
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nantel
Nater
Nicholson
Obhrai
O'Toole
Paul-Hus
Pauzé
Plamondon
Poilievre
Quach

Raitt
Ramsey
Rankin
Rayes
Reid
Rempel
Richards
Sansoucy
Saroya
Schmale
Shields
Shipley
Sopuck
Sorenson
Stanton
Ste-Marie
Strahl
Stubbs
Sweet
Tilson
Trost
Van Kesteren
Wagantall
Warawa
Waugh
Webber
Weir
Wong
Yurdiga
Zimmer

Total: -- 120

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

The House resumed consideration at report stage of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as reported by the Standing Committee on Public Safety and National Security with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 11 and 13 to 27).

Group No. 1

Motion No. 1 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 2.

Motion No. 2 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 3.

Motion No. 3 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 3, be amended by replacing line 5 on page 2 with the following:

paragraph 37.3(1)(b) or section 37.4 or 37.8 that the offender

Motion No. 4 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 4.

Motion No. 5 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 5.

Motion No. 6 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 6.

Motion No. 7 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 7.

Motion No. 8 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 8.

Motion No. 9 of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Blair (Minister of Border Security and Organized Crime Reduction), — That Bill C-83, in Clause 10, be amended by

(a) deleting lines 25 to 30 on page 8;

(b) replacing lines 1 to 3 on page 9 with the following:

(3) Before making a determination under this section, the institutional head shall visit the inmate.

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

(5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.

Motion No. 10 of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Blair (Minister of Border Security and Organized Crime Reduction), — That Bill C-83, in Clause 10, be amended by

(a) replacing lines 11 to 18 on page 9 with the following:

registered health care professional shall provide advice to the committee established under subsection (3).

(2) The registered health care professional providing the advice is to be a senior registered health care profes-

(b) replacing lines 23 to 30 on page 9 with the following:

rank than that of institutional head for the purpose of making determination under section 37.32.

37.32 (1) As soon as practicable after the institutional head determines under subsection 37.3(2) that an inmate's conditions of confinement in a structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, the committee established under subsection

(c) replacing lines 34 to 36 on page 9 with the following:

(2) As soon as practicable after the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a

Motion No. 11 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 10.

Motion No. 13 of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Blair (Minister of Border Security and Organized Crime Reduction), — That Bill C-83, in Clause 10, be amended by replacing lines 2 to 7 on page 6 with the following:

in which an inmate is authorized to be transferred into a structured intervention unit indicating the reasons for granting the authorization and any alternative that was considered.

(3) No later than one working day after the day on which the transfer of an inmate is authorized, the Service shall, orally, provide the inmate with notice that the authorization was granted as well as the reasons for it and no later than two working days after the day on which the transfer of an inmate is authorized, the Service shall provide the inmate with those reasons in writing.

Motion No. 14 of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Blair (Minister of Border Security and Organized Crime Reduction), — That Bill C-83, in Clause 10, be amended by replacing lines 25 to 36 on page 7 with the following:

37.11 If a staff member or a person engaged by the Service believes that the confinement of an inmate in a structured intervention unit is having detrimental impacts on the inmate’s health, the staff member or person shall refer, in the prescribed manner, the inmate’s case to the portion of the Service that administers health care. Grounds for the belief include the inmate

(a) refusing to interact with others;

(b) engaging in self-injurious behaviour;

(c) showing symptoms of a drug overdose; and

(d) showing signs of emotional distress or exhibiting behaviour that suggests that they are in urgent need of mental health care.

Motion No. 15 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 10, be amended by replacing lines 16 to 23 on page 8 with the following:

(c) as soon as practicable in any of the prescribed cir-

Motion No. 16 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 10, be amended by replacing line 10 on page 10 with the following:

and every 60 days after the Commissioner’s last determi-

Motion No. 17 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following:

37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.

(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

(4) An independent external decision-maker may be appointed to serve either full-time or part-time.

37.61 An independent external decision-maker is to be paid

(a) the remuneration that is fixed by the Treasury Board; and

(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

(a) the information should not be disclosed on the grounds of public interest; or

(b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.

37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.

37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.

37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.

37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.

37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes 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 independent external decision-maker 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.

37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

(2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

(3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

Recommendation
(Pursuant to Standing Order 76.1(3))
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act: That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following:

37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.

(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

(4) An independent external decision-maker may be appointed to serve either full-time or part-time.

37.61 An independent external decision-maker is to be paid

(a) the remuneration that is fixed by the Treasury Board; and

(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

(a) the information should not be disclosed on the grounds of public interest; or

(b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.

37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.

37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.

37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.

37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.

37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes 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 independent external decision-maker 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.

37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

(2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

(3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

Motion No. 18 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 11.

Motion No. 19 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 14.

Motion No. 20 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 29.

Motion No. 21 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 31.

Motion No. 22 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 31, be amended by replacing lines 34 to 36 on page 17 with the following:

(g.1) respecting the powers, duties and functions of independent external decision-makers, including respecting the making of a determination 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;

(2) Section 96 of the Act is amended by adding the following after paragraph (g.1):

(g.2) respecting the admission of inmates to and the

Motion No. 23 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 32.1.

Motion No. 24 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 33.

Motion No. 25 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 36.

Motion No. 26 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 39.

Motion No. 27 of Mr. Paul-Hus (Charlesbourg—Haute-Saint-Charles), seconded by Mr. Berthold (Mégantic—L'Érable), — That Bill C-83 be amended by deleting Clause 40.

The debate continued on the motions in Group No. 1.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Government Orders

The House resumed consideration at report stage of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as reported by the Standing Committee on Public Safety and National Security with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 11 and 13 to 27).

The debate continued on the motions in Group No. 1.

At 5:45 p.m., pursuant to Order made earlier today under the provisions of Standing Order 78(3), the Speaker interrupted the proceedings.

The question was put on Motion No. 1 and it was negatived on the following division:

(Division No. 998 -- Vote no 998)
YEAS: 122, NAYS: 162

YEAS -- POUR

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Ashton
Aubin
Barlow
Barrett
Benson
Benzen
Bergen
Bernier
Berthold
Bezan
Blaikie
Block
Boudrias
Boulerice
Boutin-Sweet
Brassard
Brosseau
Cannings
Caron
Carrie
Chong
Choquette
Christopherson
Clarke

Clement
Cooper
Cullen
Davies
Deltell
Diotte
Doherty
Donnelly
Dreeshen
Duncan (Edmonton Strathcona)
Dusseault
Duvall
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Finley
Fortin
Gallant
Garrison
Généreux
Genuis
Hardcastle
Harder
Hoback
Hughes
Jeneroux
Johns
Jolibois
Kelly
Kent
Kitchen

Kmiec
Kusie
Kwan
Lake
Laverdière
Leitch
Liepert
Lloyd
Lobb
Lukiwski
MacGregor
MacKenzie
Maguire
Martel
Masse (Windsor West)
Mathyssen
McCauley (Edmonton West)
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nantel
Nater
Nicholson
Nuttall
O'Toole
Paul-Hus
Pauzé
Plamondon
Poilievre
Quach
Ramsey

Rankin
Rayes
Reid
Rempel
Sansoucy
Saroya
Scheer
Schmale
Shields
Shipley
Sorenson
Stanton
Ste-Marie
Strahl
Stubbs
Sweet
Tilson
Trost
Trudel
Van Kesteren
Wagantall
Warawa
Warkentin
Waugh
Webber
Weir
Wong
Yurdiga
Zimmer

Total: -- 122

NAYS -- CONTRE

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Bibeau
Bittle
Blair
Boissonnault
Bossio
Bratina
Breton
Casey (Charlottetown)
Chagger
Champagne
Cormier
Cuzner
Dabrusin
Damoff
DeCourcey
Dhaliwal
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus

Fillmore
Finnigan
Fisher
Fonseca
Fortier
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Gerretsen
Goldsmith-Jones
Goodale
Graham
Hajdu
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hussen
Hutchings
Iacono
Joly
Jordan
Jowhari
Khalid
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
LeBlanc
Lebouthillier
Lefebvre
Leslie
Lightbound
Lockhart
Long
Longfield

Ludwig
MacAulay (Cardigan)
MacKinnon (Gatineau)
Maloney
Massé (Avignon—La Mitis—Matane—Matapédia)
May (Cambridge)
May (Saanich—Gulf Islands)
McCrimmon
McDonald
McGuinty
McKay
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Peterson
Petitpas Taylor
Philpott
Picard
Poissant
Qualtrough
Ratansi
Rioux
Robillard
Rodriguez
Rogers

Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sorbara
Spengemann
Tabbara
Tan
Tassi
Trudeau
Vandal
Vandenbeld
Vaughan
Virani
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 162

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

Accordingly, Motions Nos. 2, 4 to 8, 11, 18 to 21 and 23 to 27 were also negatived on the same division.

Motion No. 1 having been negatived, the House proceeded to the putting of the question on Motion No. 9 of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Blair (Minister of Border Security and Organized Crime Reduction), — That Bill C-83, in Clause 10, be amended by

(a) deleting lines 25 to 30 on page 8;

(b) replacing lines 1 to 3 on page 9 with the following:

(3) Before making a determination under this section, the institutional head shall visit the inmate.

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

(5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.

The question was put on Motion No. 9 and it was agreed to on the following division:

(Division No. 999 -- Vote no 999)
YEAS: 203, NAYS: 83

YEAS -- POUR

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ashton
Aubin
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Benson
Bibeau
Bittle
Blaikie
Blair
Boissonnault
Bossio
Boudrias
Boulerice
Boutin-Sweet
Bratina
Breton
Brosseau
Cannings
Caron
Casey (Charlottetown)
Chagger
Champagne
Choquette
Christopherson
Cormier
Cullen
Cuzner
Dabrusin
Damoff
Davies
DeCourcey
Dhaliwal
Donnelly
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Duncan (Edmonton Strathcona)
Dusseault
Duvall

Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus
Fillmore
Finnigan
Fisher
Fonseca
Fortier
Fortin
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Garrison
Gerretsen
Goldsmith-Jones
Goodale
Gould
Graham
Hajdu
Hardcastle
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hughes
Hussen
Hutchings
Iacono
Johns
Jolibois
Joly
Jordan
Jowhari
Khalid
Kwan
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
Laverdière
LeBlanc

Lebouthillier
Lefebvre
Leslie
Lightbound
Lockhart
Long
Longfield
Ludwig
MacAulay (Cardigan)
MacGregor
MacKinnon (Gatineau)
Maloney
Masse (Windsor West)
Massé (Avignon—La Mitis—Matane—Matapédia)
Mathyssen
May (Cambridge)
May (Saanich—Gulf Islands)
McCrimmon
McDonald
McGuinty
McKay
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nantel
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Pauzé
Peschisolido
Peterson
Petitpas Taylor
Philpott
Picard
Plamondon
Poissant
Quach
Qualtrough

Ramsey
Rankin
Ratansi
Rioux
Robillard
Rodriguez
Rogers
Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sansoucy
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sorbara
Spengemann
Ste-Marie
Tabbara
Tan
Tassi
Trudeau
Trudel
Vandal
Vandenbeld
Vaughan
Virani
Weir
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 203

NAYS -- CONTRE

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Barlow
Barrett
Benzen
Bergen
Bernier
Berthold
Bezan
Block
Brassard
Carrie
Chong
Clarke
Clement
Cooper

Deltell
Diotte
Doherty
Dreeshen
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Finley
Gallant
Généreux
Genuis
Harder
Hoback
Jeneroux
Kelly
Kent
Kitchen
Kmiec
Kusie
Lake
Leitch

Liepert
Lloyd
Lobb
Lukiwski
MacKenzie
Maguire
Martel
McCauley (Edmonton West)
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nater
Nicholson
Nuttall
O'Toole
Paul-Hus
Poilievre
Rayes
Reid
Rempel
Saroya

Scheer
Schmale
Shields
Shipley
Sorenson
Stanton
Strahl
Stubbs
Sweet
Tilson
Trost
Van Kesteren
Wagantall
Warawa
Warkentin
Waugh
Webber
Wong
Yurdiga
Zimmer

Total: -- 83

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

Accordingly, Motions Nos. 10 and 13 to 16 were also agreed to on the same division.

Motion No. 1 having been negatived, the House proceeded to the putting of the question on Motion No. 17 of Ms. Damoff (Oakville North—Burlington), seconded by Mr. Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons), — That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following:

37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.

(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

(4) An independent external decision-maker may be appointed to serve either full-time or part-time.

37.61 An independent external decision-maker is to be paid

(a) the remuneration that is fixed by the Treasury Board; and

(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

(a) the information should not be disclosed on the grounds of public interest; or

(b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.

37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.

37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.

37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.

37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.

37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes 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 independent external decision-maker 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.

37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

(2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

(3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

Recommendation
(Pursuant to Standing Order 76.1(3))
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act: That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following:

37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.

(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

(4) An independent external decision-maker may be appointed to serve either full-time or part-time.

37.61 An independent external decision-maker is to be paid

(a) the remuneration that is fixed by the Treasury Board; and

(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

(a) the information should not be disclosed on the grounds of public interest; or

(b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.

37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.

37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.

37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.

37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.

37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes 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 independent external decision-maker 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.

37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

(2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

(3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

The question was put on Motion No. 17 and it was agreed to on the following division:

(Division No. 1000 -- Vote no 1000)
YEAS: 169, NAYS: 117

YEAS -- POUR

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Bibeau
Bittle
Blair
Boissonnault
Bossio
Boudrias
Bratina
Breton
Casey (Charlottetown)
Chagger
Champagne
Cormier
Cuzner
Dabrusin
Damoff
DeCourcey
Dhaliwal
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus

Fillmore
Finnigan
Fisher
Fonseca
Fortier
Fortin
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Gerretsen
Goldsmith-Jones
Goodale
Gould
Graham
Hajdu
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hussen
Hutchings
Iacono
Joly
Jordan
Jowhari
Khalid
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
LeBlanc
Lebouthillier
Lefebvre
Leslie
Lightbound
Lockhart
Long

Longfield
Ludwig
MacAulay (Cardigan)
MacKinnon (Gatineau)
Maloney
Massé (Avignon—La Mitis—Matane—Matapédia)
May (Cambridge)
May (Saanich—Gulf Islands)
McCrimmon
McDonald
McGuinty
McKay
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Pauzé
Peschisolido
Peterson
Petitpas Taylor
Philpott
Picard
Plamondon
Poissant
Qualtrough
Ratansi
Rioux

Robillard
Rodriguez
Rogers
Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sorbara
Spengemann
Ste-Marie
Tabbara
Tan
Tassi
Trudeau
Vandal
Vandenbeld
Vaughan
Virani
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 169

NAYS -- CONTRE

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Ashton
Aubin
Barlow
Barrett
Benson
Benzen
Bergen
Bernier
Berthold
Bezan
Blaikie
Block
Boulerice
Boutin-Sweet
Brassard
Brosseau
Cannings
Caron
Carrie
Chong
Choquette
Christopherson

Clarke
Clement
Cooper
Cullen
Davies
Deltell
Diotte
Doherty
Donnelly
Dreeshen
Duncan (Edmonton Strathcona)
Dusseault
Duvall
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Finley
Gallant
Garrison
Généreux
Genuis
Hardcastle
Harder
Hoback
Hughes
Jeneroux
Johns
Jolibois
Kelly

Kent
Kitchen
Kmiec
Kusie
Kwan
Lake
Laverdière
Leitch
Liepert
Lloyd
Lobb
Lukiwski
MacGregor
MacKenzie
Maguire
Martel
Masse (Windsor West)
Mathyssen
McCauley (Edmonton West)
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nantel
Nater
Nicholson
Nuttall
O'Toole
Paul-Hus
Poilievre

Quach
Ramsey
Rankin
Rayes
Reid
Rempel
Sansoucy
Saroya
Scheer
Schmale
Shields
Shipley
Sorenson
Stanton
Strahl
Stubbs
Sweet
Tilson
Trost
Trudel
Van Kesteren
Wagantall
Warawa
Warkentin
Waugh
Webber
Weir
Wong
Yurdiga
Zimmer

Total: -- 117

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

Accordingly, Motions Nos. 3 and 22 were also agreed to on the same division.

Pursuant to Standing Order 76.1(9), Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Ms. Chagger (Leader of the Government in the House of Commons), moved, — That the Bill, as amended, be concurred in at report stage with further amendments.

The question was put on the motion and it was agreed to on the following division:

(Division No. 1001 -- Vote no 1001)
YEAS: 164, NAYS: 122

YEAS -- POUR

Aldag
Alghabra
Amos
Anandasangaree
Arseneault
Arya
Ayoub
Badawey
Bagnell
Bains
Baylis
Bennett
Bibeau
Bittle
Blair
Boissonnault
Bossio
Bratina
Breton
Casey (Charlottetown)
Chagger
Champagne
Cormier
Cuzner
Dabrusin
Damoff
DeCourcey
Dhaliwal
Drouin
Dubourg
Duclos
Duguid
Duncan (Etobicoke North)
Dzerowicz
Ehsassi
El-Khoury
Ellis
Erskine-Smith
Eyking
Eyolfson
Fergus

Fillmore
Finnigan
Fisher
Fonseca
Fortier
Fragiskatos
Fraser (West Nova)
Fraser (Central Nova)
Fuhr
Garneau
Gerretsen
Goldsmith-Jones
Goodale
Gould
Graham
Hajdu
Hardie
Hébert
Hehr
Hogg
Holland
Housefather
Hussen
Hutchings
Iacono
Joly
Jordan
Jowhari
Khalid
Lambropoulos
Lametti
Lamoureux
Lapointe
Lauzon (Argenteuil—La Petite-Nation)
LeBlanc
Lebouthillier
Lefebvre
Leslie
Lightbound
Lockhart
Long

Longfield
Ludwig
MacAulay (Cardigan)
MacKinnon (Gatineau)
Maloney
Massé (Avignon—La Mitis—Matane—Matapédia)
May (Cambridge)
May (Saanich—Gulf Islands)
McCrimmon
McDonald
McGuinty
McKay
McKinnon (Coquitlam—Port Coquitlam)
McLeod (Northwest Territories)
Mendès
Mendicino
Mihychuk
Miller (Ville-Marie—Le Sud-Ouest—Île-des-Soeurs)
Monsef
Morneau
Morrissey
Murray
Nassif
Nault
Ng
O'Connell
Oliphant
Oliver
O'Regan
Ouellette
Paradis
Peschisolido
Peterson
Petitpas Taylor
Philpott
Picard
Poissant
Qualtrough
Ratansi
Rioux
Robillard

Rodriguez
Rogers
Romanado
Rota
Rudd
Ruimy
Rusnak
Sahota
Saini
Sajjan
Samson
Sangha
Sarai
Scarpaleggia
Schiefke
Schulte
Serré
Sgro
Shanahan
Sheehan
Sidhu (Mission—Matsqui—Fraser Canyon)
Sidhu (Brampton South)
Sikand
Simms
Sorbara
Spengemann
Tabbara
Tan
Tassi
Trudeau
Vandal
Vandenbeld
Vaughan
Virani
Whalen
Wilkinson
Wilson-Raybould
Wrzesnewskyj
Yip
Young
Zahid

Total: -- 164

NAYS -- CONTRE

Aboultaif
Albas
Albrecht
Alleslev
Allison
Anderson
Arnold
Ashton
Aubin
Barlow
Barrett
Benson
Benzen
Bergen
Bernier
Berthold
Bezan
Blaikie
Block
Boudrias
Boulerice
Boutin-Sweet
Brassard
Brosseau
Cannings
Caron
Carrie
Chong
Choquette
Christopherson
Clarke

Clement
Cooper
Cullen
Davies
Deltell
Diotte
Doherty
Donnelly
Dreeshen
Duncan (Edmonton Strathcona)
Dusseault
Duvall
Eglinski
Falk (Battlefords—Lloydminster)
Fast
Finley
Fortin
Gallant
Garrison
Généreux
Genuis
Hardcastle
Harder
Hoback
Hughes
Jeneroux
Johns
Jolibois
Kelly
Kent
Kitchen

Kmiec
Kusie
Kwan
Lake
Laverdière
Leitch
Liepert
Lloyd
Lobb
Lukiwski
MacGregor
MacKenzie
Maguire
Martel
Masse (Windsor West)
Mathyssen
McCauley (Edmonton West)
McLeod (Kamloops—Thompson—Cariboo)
Miller (Bruce—Grey—Owen Sound)
Motz
Nantel
Nater
Nicholson
Nuttall
O'Toole
Paul-Hus
Pauzé
Plamondon
Poilievre
Quach
Ramsey

Rankin
Rayes
Reid
Rempel
Sansoucy
Saroya
Scheer
Schmale
Shields
Shipley
Sorenson
Stanton
Ste-Marie
Strahl
Stubbs
Sweet
Tilson
Trost
Trudel
Van Kesteren
Wagantall
Warawa
Warkentin
Waugh
Webber
Weir
Wong
Yurdiga
Zimmer

Total: -- 122

PAIRED -- PAIRÉS

Chen

Harvey

Moore

Thériault

Total: -- 4

Accordingly, the Bill, as amended, was concurred in at report stage with further amendments and ordered for a third reading at the next sitting of the House.

Private Members' Business

At 6:42 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.

The Order was read for the consideration at report stage of Bill C-369, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Indigenous Peoples Day), as reported by the Standing Committee on Canadian Heritage with amendments.

Ms. Jolibois (Desnethé—Missinippi—Churchill River), seconded by Ms. Boutin-Sweet (Hochelaga), moved, — That the Bill, as amended, be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill, as amended, was concurred in at report stage.

Pursuant to Standing Order 76.1(11), Ms. Jolibois (Desnethé—Missinippi—Churchill River), seconded by Ms. Boutin-Sweet (Hochelaga), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, the deferred recorded division on motion M-194, standing in the name of the Member for Sault Ste. Marie and on motion M-206, standing in the name of the Member for Newmarket—Aurora, currently scheduled on Wednesday, February 27, 2019, immediately before the time provided for Private Members’ Business, be deferred anew to immediately after the time provided for Oral Questions that day.

Private Members' Business

The House resumed consideration of the motion of Ms. Jolibois (Desnethé—Missinippi—Churchill River), seconded by Ms. Boutin-Sweet (Hochelaga), — That Bill C-369, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), be now read a third time and do pass.

The debate continued.

Pursuant to Standing Order 98(2), the Order was dropped to the bottom of the order of precedence on the Order Paper.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

— by Mr. Bains (Minister of Innovation, Science and Economic Development) — Proposed Order under section 8 of the Telecommunications Act — Policy Direction to the Canadian Radio-television and Telecommunications Commission (JUS-6068783), pursuant to the Telecommunications Act, S.C. 1993, c. 38, sbs. 10(1). — Sessional Paper No. 8560-421-909-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry, Science and Technology)
— by Mrs. Lebouthillier (Minister of National Revenue) — Service Fees Report of the Canada Revenue Agency for 2017 to 2018, pursuant to the Service Fees Act, S.C. 2017, c. 20, sbs. 20. — Sessional Paper No. 8560-421-1153-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)
— by Mr. Morneau (Minister of Finance) — Report on the Review of the Canadian Payments Act, pursuant to the Canadian Payments Act, R.S., 1985, c. C-21, s. 49. — Sessional Paper No. 8560-421-1152-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)
Adjournment Proceedings

At 7:43 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 8:13 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).