Journals
 
 
 
RSS feed based on search criteria Export search results - CSV (plain text) Export search results - XML
Add search criteria
2019-06-21 [p.5732]
— ORDERED: That, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, a message be sent to the House of Commons to acquaint that House of the following:
That the Senate agrees to the amendments made by the House of Commons to its amendments;
That the Senate does not insist on its amendments to which the House of Commons has disagreed.
2019-06-21 [p.5733]
A Message was received from Her Excellency the Governor General desiring the immediate attendance of the Commons in the Senate.
Accordingly, the Deputy Speaker, with the Commons proceeded to the Senate.
The Commons returned to the Chamber.
Whereupon, the Deputy Speaker reported that when the Commons had been in the Senate, Her Excellency the Governor General was pleased to give, in Her Majesty's name, the Royal Assent to the following Bills:
Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms — Chapter No. 9;
Bill C-81, An Act to ensure a barrier-free Canada — Chapter No. 10;
Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) — Chapter No. 11;
Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting — Chapter No. 12;
Bill C-59, An Act respecting national security matters — Chapter No. 13;
Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence — Chapter No. 14;
Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts — Chapter No. 15;
Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act — Chapter No. 16;
Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting) — Chapter No. 17;
Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts — Chapter No. 18;
Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts — Chapter No. 19;
Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis — Chapter No. 20;
Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act — Chapter No. 22;
Bill C-91, An Act respecting Indigenous languages — Chapter No. 23;
Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families — Chapter No. 24;
Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts — Chapter No. 25;
Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast — Chapter No. 26;
Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act — Chapter No. 27;
Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts — Chapter No. 28;
Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures — Chapter No. 29.
2019-06-20 [p.5728]
By unanimous consent, it was ordered, — That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the amendment to the motion respecting the Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be deemed negatived on division and the main motion be deemed carried on division; and
(b) the amendment to the motion for second reading of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be deemed negatived on division and that the Bill be deemed read a second time and referred to the Standing Committee on International Trade.
2019-06-19 [p.5717]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
The debate continued.
2019-06-19 [p.5719]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
The debate continued.
2019-06-19 [p.5722]
Mr. Dubé (Beloeil—Chambly), seconded by Ms. Trudel (Jonquière), moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following: “the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, be now read a second time and concurred in.”.
Debate arose thereon.
2019-06-17 [p.5641]
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 five further hours shall be allotted to the stage of consideration of Senate amendments to the Bill; and
That, at the expiry of the five hours provided for the consideration of the said 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 said stage of the Bill 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.
2019-06-17 [p.5642]
The question was put on the motion and it was agreed to on the following division:
(Division No. 1360 -- Vote no 1360) - View vote details.
YEAS: 152, NAYS: 94
2019-06-14 [p.5594]
The Order was read for the consideration of the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
Ms. Chagger (Leader of the Government in the House of Commons) for Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the House:
agrees with amendments 1, 4(a) and 5(b) made by the Senate;
proposes that amendment 2 be amended by replacing the text of the amendment with the following:
“(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;”;
proposes that amendment 3 be amended by replacing the text of the amendment with the following:
“(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.”;
proposes that amendment 4(b)(i) be replaced by the following amendment:
“1. Clause 10, page 7: replace lines 25 to 28 with the following:
“(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.”;”;
respectfully disagrees with amendment 4(b)(ii) because it may not support the professional autonomy and clinical independence of healthcare professionals and does not take into account the inmate’s willingness to be transferred to a hospital or the hospital’s capacity to treat the inmate;
respectfully disagrees with amendment 5(a) because it would result in a significant addition to the workload of provincial superior courts, and because further assessments and consultations with the provinces would be required to determine the probable legislative, operational and financial implications at federal and provincial levels, including amendments to the Judges Act and provincial legislation and the appointment of additional judges;
proposes that amendment 6 be amended to read as follows:
“6. Clause 14, page 16:
(a) replace line 7 with the following:
“48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may”;
(b) add the following after line 15:
“(2) A body scan search of the inmate shall be conducted instead of the strip search if
(a) the body scan search is authorized under section 48.1; and
(b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.”;”;
proposes that amendment 7(a) be amended by replacing the text of the French version of the amendment with the following:
“c) l’identité et la culture autochtones du délinquant, notamment son passé familial et son historique d’adoption.”;
proposes that amendment 7(b) be amended to read as follows:
“(b) replace lines 32 and 33 with the following:
“ing the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.”;”;
respectfully disagrees with amendment 8 because extending the concept of healing lodges designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation, and because it would impede the ability of the Correctional Service of Canada, which is responsible for the care and custody of inmates pursuant to section 5 of the Act, to be part of decisions to transfer inmates to healing lodges;
respectfully disagrees with amendment 9 because extending of the concept of community release designed specifically for Indigenous corrections to other unspecified groups is a major policy change that should only be contemplated following considerable study and consultation;
respectfully disagrees with amendment 10 because allowing offenders’ sentences to be shortened due to the conduct of correctional staff, particularly given the existence of other remedies, is a major policy change that should only be contemplated following considerable study and consultation, including with provincial partners, victims’ representatives, stakeholder groups and other actors in the criminal justice system;
respectfully disagrees with amendment 11 because five years is an appropriate amount of time to allow for robust and meaningful assessment of the new provisions following full implementation.
Debate arose thereon.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the consideration of Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
2019-06-14 [p.5596]
Ms. Chagger (Leader of the Government in the House of Commons) gave notice of the intention to move at the next sitting of the House, pursuant to Standing Order 57, that, in relation to the consideration of Senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the debate not be further adjourned.
2019-06-13 [p.5580]
A message was received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, with the following amendments:
1. Clause 1, page 1: Add the following after line 8:
"mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)".
2. Clause 2, page 1: Add the following after line 13:
"(c.1) the Service considers and gives preference to alternatives to carceral isolations, notably through a broad interpretation — informed by human rights — of sections 29, 81 and 84, thereby recognizing the fundamental role of transfers of incarcerated persons to community-based institutions funded by the Service in promoting rehabilitation, reintegration and public safety;
(c.2) the Service ensures the effective delivery of
(i) programs to incarcerated persons for the purpose of rehabilitation, including educational programs, vocational training and volunteer programs, and
(ii) including alternatives developed in accordance with sections 29, 81 and 84;”.
3. Clause 3, page 2: Add the following after line 2:
"(2.01) As part of the development of every offender's correctional plan under subsection (1), the institutional head shall refer, in the prescribed manner, the offender for a mental health assessment as soon as practicable — and no later than 30 days — after the offender is received into the penitentiary.”.
4. Clause 7, pages 3 and 4:
(a) On page 3,
(i) replace line 23 with the following:
“(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
(b) within a penitentiary, from an area that has been",
(ii) replace lines 28 and 29 with the following:
"28; or
(c) to another penitentiary, in accordance with the”, and
(iii) replace lines 31 to 34 with the following:
"section 28."; and
(b) on page 4,
(i) add the following after line 5:
"(1.1) Within 24 hours of a person being transferred into a structured intervention unit in a penitentiary under subsection (1), the person who authorized the transfer shall refer, in the prescribed manner, the inmate for a mental health assessment.", and
(ii) add the following after line 11:
"29.02 If a mental health assessment or an assessment by a registered health care professional concludes that an incarcerated person suffers from any disabling mental health issue, the Commissioner shall authorize that person's transfer to a psychiatric hospital in accordance with section 29.".
5. Clause 10, pages 5 and 15:
(a) On page 5, replace lines 19 and 20 with the following:
“33 (1) Any confinement in a structured intervention unit is to end as soon as possible. In particular, no such confinement is to have a duration of more than 48 hours unless authorized by a Superior Court under subsection (2).
(2) A Superior Court may, on application by the Service, extend the duration of the period referred to in subsection (1) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose described in subsection 32(1)."; and
(b) on page 15, replace line 15 with the following:
"ment and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply".
6. Clause 14, page 16: Replace lines 7 to 15 with the following:
“48 A staff member may not conduct a strip search of any person confined in a penitentiary without individualized reasonable grounds.".
7. Clause 23, page 18:
(a) Replace line 29 with the following:
"er, including his or her family and adoption history."; and
(b) replace lines 31 to 33 with the following:
“to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous person, but only to decrease the level of risk posed by such a person.”.
8. Clause 24, page 19: Replace lines 1 to 11 with the following:
"24 Section 81 of the Act is replaced by the following:
81 (1) The Minister or a person authorized by the Minister may, for the purposes of providing correctional services, enter into an agreement with
(a) an Indigenous organization;
(b) an Indigenous governing body;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; or
(e) any other entity that will provide community-based support services, including to other specific populations.
(2) For the purposes of paragraphs (1)(c) and (d), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(3) An agreement under subsection (1) may provide for payment by the Minister or a person authorized by the Minister in respect of the services provided by an entity described in paragraphs (1)(a) to (e).
(4) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer a person confined in a penitentiary to an entity described in paragraphs (a) to (e) with the consent of that entity and the person serving a sentence.
(5) The Commissioner is to take all reasonable steps to
(a) identify entities described in paragraphs 1(a) to (e) for the purpose of entering into agreements; and
(b) seek to transfer persons confined in a penitentiary to an entity with which an agreement exists, particularly in cases in which the person is a member of a disadvantaged or minority population that the entity seeks to serve.
(6) No person confined in a penitentiary is to be denied a transfer to an entity with which an agreement exists if the person and the entity consent unless the transfer is, as determined by a Court of competent jurisdiction, not to be in the interests of justice.”.
9. Clause 25, page 20: Replace lines 3 to 10 with the following:
“84 (1) If a person confined in a penitentiary requests the support, on release, of an entity referred to in subsection (2), the Service shall provide that entity with an opportunity to propose a plan for the person's release and integration into the community in which the person is to be released.
(2) The following are the relevant entities for the purposes of subsection (1):
(a) the community's Indigenous governing body, if applicable;
(b) an Indigenous organization that is active in the community;
(c) a community group that focuses on the needs of a disadvantaged or minority population;
(d) a community organization that serves a disadvantaged or minority population; and
(e) any other entity that provides support services in the community, including to other specific populations.
(3) For the purposes of subsection (2), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
(4) The Service shall
(a) take all reasonable measures to inform confined persons about the entities described in paragraphs (2)(a) to (e); and
(b) give every entity that has proposed a plan referred to in subsection (1) adequate notice of the person's parole review or their statutory release date, as the case may be.
(5) If the Parole Board of Canada makes any decision that is inconsistent with a plan that has been proposed by an entity for the release and integration of a person into a community, it shall provide written reasons for its decision.".
10. New clause 35.1, page 23: Add the following after line 34:
“35.1 The Act is amended by adding the following after section 198:
PART III.1
Unfairness in the Administration of a Sentence
198.1 (1) An incarcerated person may apply to the court that imposed the sentence being served for an order reducing the period of their incarceration or parole ineligibility as the Court considers appropriate and just in the circumstances if, in the opinion of the Court, there was unfairness in the administration of a sentence.
(2) In subsection (1), unfairness in the administration of a sentence includes any decision, recommendation, act or omission of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affected the person and that was
(a) contrary to law or an established policy;
(b) unreasonable, unjust, oppressive or improperly discriminatory;
(c) based wholly or partly on a mistake of law or fact; or
(d) an abuse of discretionary power.
(3) An application under subsection (1) must be made
(a) no later than 60 days after
(i) the events giving rise to the alleged unfairness in the administration of a sentence occurred,
(ii) the Service has provided to the incarcerated person any incident report or other document related to the events giving rise to the alleged unfairness in the administration of a sentence, or
(iii) the person is informed of the conclusions and recommendations of the Correctional Investigator under section 178 in relation to these events; or
(b) within any other period of time that the Court may establish, at its discretion and at any time, if that period is greater than the period referred to in paragraph (a).
(4) Nothing in this section abrogates or derogates from any other right or remedy that may be available to an incarcerated person, including a right or remedy under this Act.”.
11. Clause 40.1, pages 24 and 25:
(a) On page 24, replace lines 25 to 31 with the following:
"40.1 (1) At the start of the second year after the day on which this section comes into force, and 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 a committee of the Senate and a committee of the House of Commons that may be designated or established for that purpose.
(2) The review referred to in subsection (1) must include a review of the progress that has been made in eliminating practices that involve separating an incarcerated person from the general population of a penitentiary.
(3) A committee referred to in subsection (1) must, within one year after a review is undertaken under that subsection, submit a report to the House of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends for the purpose of ensuring the elimination of practices that involve separating an incarcerated person from the general population of a penitentiary."; and
(b) on page 25, delete lines 1 to 7.
2019-03-18 [p.4703]
Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be now read a third time and do pass.
The question was put on the motion and it was agreed to on the following division:
(Division No. 1006 -- Vote no 1006) - View vote details.
YEAS: 167, NAYS: 123
Accordingly, the Bill was read the third time and passed.
2019-03-01 [p.4671]
The Order was read for the third reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.
Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), moved, — That the Bill be now read a third time and do pass.
Debate arose thereon.
2019-03-01 [p.4673]
The House resumed consideration of the motion of Mr. Goodale (Minister of Public Safety and Emergency Preparedness), seconded by Mr. Champagne (Minister of Infrastructure and Communities), — That Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be now read a third time and do pass.
The debate continued.
Results: 1 - 15 of 96 | Page: 1 of 7

1
2
3
4
5
6
7
>
>|