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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 n^o 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 n^o 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

(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;

(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:

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;

(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: