SECU Committee Meeting

The Standing Committee on Public Safety and National Security met at 3:35 p.m. this day, in Room 362, East Block, the Chair, Daryl Kramp, presiding.

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

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

Randall Garrison moved, — That the Committee postpone clause-by-clause study of Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims), until after the Committee has had the opportunity to review testimony by previous witnesses, and until after having heard testimony from the Parole Board of Canada and the Department of Public Safety.

After debate, the question was put on the motion and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Alain Giguère — 4; NAYS: Roxanne James, Larry Maguire, Rick Norlock, LaVar Payne, Blake Richards — 5.

On new Clause 1.1,

“1.1 (1) Paragraph 26(1)(a) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of subparagraph (iii), by striking out “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

(v) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence, where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,

(vi) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence, and

(vii) the destination of the offender when released on unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination; and

(2) Subparagraph 26(1)(b)(iii) of the Act is repealed.

(3) Subparagraphs 26(1)(b)(v) and (vi) of the Act are repealed.

(4) Paragraph 26(1)(b) of the Act is amended by adding the following after subparagraph (vii):

(vii.1) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan.

(5) Section 26 of the Act is amended by adding the following after subsection (1):

(1.1) The Commissioner must disclose the information referred to in subparagraphs (1)(a)(v) to (vii) at least 14 days before the offender in question is to be released.

(1.2) If a victim makes a request to the Commissioner under subsection (1) in respect of the information relating to an offender and, subsequent to that initial request, there are changes to that information, the Commissioner shall, in accordance with that subsection, disclose any such changes to the victim, unless the victim notifies the Commissioner that he or she does not wish to be so informed.”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also inadmissible:

“1.1 (1) Paragraph 26(1)(a) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of subparagraph (iii), by striking out “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

(v) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

(vi) any of the conditions attached to the offender’s temporary absence, work release, parole or statutory release, and

(vii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and

(2) Subparagraph 26(1)(b)(iii) of the Act is repealed.

(3) Subparagraphs 26(1)(b)(v) and (vi) of the Act are repealed.

(4) Paragraph 26(1)(b) of the Act is amended by adding the following after subparagraph (vii):

(vii.1) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan.

(5) Section 26 of the Act is amended by adding the following after subsection (1):

(1.1) The Commissioner must disclose the information referred to in subparagraphs (1)(a)(v) to (vii) at least 14 days before the offender in question is to be released.

(1.2) If a victim makes a request to the Commissioner under subsection (1) in respect of the information relating to an offender and, subsequent to that initial request, there are changes to that information, the Commissioner shall, in accordance with that subsection, disclose any such changes to the victim, unless the victim notifies the Commissioner that he or she does not wish to be so informed.”

That Bill C-479, in Clause 2, be amended by replacing lines 6 and 7 on page 1 with the following:

“2. (1) Section 123 of the Act is amended by”

Whereupon, Randall Garrison appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Roxanne James, Larry Maguire, Rick Norlock, LaVar Payne, Blake Richards — 5; NAYS: Rosane Doré Lefebvre, Randall Garrison, Alain Giguère, Geoff Regan — 4.

On Clause 2,

(a) by replacing line 12 on page 1 to line 2 on page 2 with the following:

“violence following a review under subsection (1) or section 122, or if a review is not made by virtue of subsection (2), the Board shall conduct another review within five years after the later of the day on which the review took place or was scheduled to take place and thereafter within every five years after that day.”

(b) by replacing lines 11 to 22 on page 2 with the following:

“of an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within every five years after the day on which each preceding review takes place.”

(c) by replacing lines 26 and 27 on page 2 with the following:

“lence” means murder or an offence that is punishable with a life sentence or with a sentence for an indeterminate period.”

After debate, the question was put on the amendment of Randall Garrison and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Alain Giguère — 4; NAYS: Roxanne James, Larry Maguire, Rick Norlock, LaVar Payne, Blake Richards — 5.

(a) replacing line 13 on page 1 with the following:

“sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — following a review”

(b) replacing line 9 on page 2 with the following:

“(5.2) Despite subsection (5.1), if the Board cancels or terminates”

(c) by replacing lines 13 and 14 on page 2 with the following:

“years — or a sentence that includes a sentence of at least two years for an offence involving violence — the Board shall conduct another review within four years after the date of cancellation or termination”

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

Clause 2, as amended, carried on the following recorded division: YEAS: Roxanne James, Larry Maguire, Rick Norlock, LaVar Payne, Geoff Regan, Blake Richards — 6; NAYS: Rosane Doré Lefebvre, Randall Garrison, Alain Giguère — 3.

On Clause 3,

“offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board”

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

Clause 3, as amended, carried.

On Clause 4,

(a) replacing line 1 on page 3 with the following:

“4. (1) Paragraphs 140(1)(b) and (c) of the Act are replaced by the following:

(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5), (5.01) or (5.1);

(c) a review conducted under section 129 or subsection 130(1) or 131(1) or (1.1);

(1.1) The portion of subsection 140(4) of”

(b) replacing lines 33 to 35 on page 3 with the following:

“or family member to observe the hearing by any means that the Board considers appropriate.”

(c) replacing line 8 on page 4 with the following:

“in any other form prescribed by the regulations.”

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

“hearing, or should a victim or family member choose not to attend in person, the Board shall provide for the victim”

After debate, the question was put on the amendment of Randall Garrison and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Randall Garrison, Alain Giguère, Geoff Regan — 4; NAYS: Roxanne James, Larry Maguire, Rick Norlock, LaVar Payne, David Sweet — 5.

“their statement shall be presented at the hearing”

After debate, the question was put on the amendment of Geoff Regan and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

At 5:21 p.m., the sitting was suspended.

At 5:23 p.m., the sitting resumed in camera.

It was agreed, — That during the week of March 3 to 7, 2014, the Committee shall resume its clause by clause study of Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims), and that, if time permits during that week following the conclusion of its study of Bill C-479, then the Committee shall resume consideration of its study of the economics of policing.

It was agreed, — That in relation to Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), members of the Committee shall submit lists of requested witnesses for the Committee’s study of this bill to the Clerk of the Committee by 4:00 p.m., Friday, March 7, 2014; and, that the Committee will commence study of this bill on Tuesday, March 25, 2014.

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