Evidence of meeting #4 for Justice and Human Rights in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prosecutions.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Donald Piragoff  Senior Assistant Deputy Minister, Department of Justice
Barbara Merriam  Acting Director General, Department of Justice
Brian Saunders  Acting Director of Public Prosecutions, Public Prosecution Service of Canada
Marc Fortin  Acting General Counsel and Director, Office of the General Counsel and Director, Public Prosecution Service of Canada
George Dolhai  Acting Deputy Director of Public Prosecutions, Headquarters, Public Prosecution Service of Canada

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

I believe budget 2006 covered both years, so budget 2007 did not have to deal with this issue.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

But that was $10 million per year in budget 2006, so we're talking about $20 million.

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

Yes, but most of it will be going through Public Safety to NCPC. I guess it would be three-quarters to them and one quarter to us.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

On the one quarter that's actually administered by the department, do you have any information on where that money goes, or any of the programs that are involved in the department?

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

We can provide that information. I only have a very general analysis on the kinds of programs. I'd have to consult with the people in my youth justice section as to how the money is spent and the types of programs.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

I would like that very much. Thank you very much.

We'll go back into your comfort zone on legal aid. I remember you talking about the transfers to the provinces and the territories. For the provinces the money was just for dealing with criminal cases, and for the territories it was for criminal and civil cases. Did I hear that correctly?

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

That's correct.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

I believe I heard you say there was $112.38 million altogether. That's the number I wrote down. Did I hear that correctly?

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

That's correct.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

That was for which fiscal year?

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

That was for 2006-07.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

So that's for our current fiscal year. How does that play into the supplements? If I add the $81.9 million and the $44.3 million together, that gives us $126.1 million--or maybe my addition is wrong.

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

The $126-point-something is the total amount allocated in the budget for all legal aid.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

So is this $112.3 million the forecast amount that we'll need?

11:50 a.m.

Senior Assistant Deputy Minister, Department of Justice

Donald Piragoff

The $112 million is for criminal legal aid in the provinces, and civil legal aid in the territories.

11:50 a.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

If $126.1 million will be included with the main estimates and the supplementary estimates, and the criminal and civil legal aid is only $112 million, where is the other funding allocated?

11:50 a.m.

Acting Director General, Department of Justice

Barbara Merriam

The remaining resources of approximately $14 million include $11.5 million for immigration and refugee legal aid. They also include the $1.65 million in court-ordered counsel/unique legal aid cases that Mr. Ménard was talking about. Finally, it includes $1.165 million in vote 1 to the department for staff, and research and policy development.

11:55 a.m.

Conservative

The Chair Conservative Art Hanger

Thank you, Mr. Calkins.

Ms. Jennings.

November 29th, 2007 / 11:55 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Thank you very much for your presentations.

Given that my Conservative colleague went a bit off topic, I'm going to go a bit off topic too. But like him, I will come back to the estimates.

Janet Hinshaw-Thomas was arrested and charged under the Immigration and Refugee Protection Act, section 117, for allegedly aiding and abetting human trafficking into Canada. Under that section the Attorney General of Canada has to specifically authorize laying of charges and a prosecution. It was denounced all across Canada and in parts of the United States as well. She is a well-known human rights advocate. Finally, under the pressure of all of this advocacy and public outcry, the Attorney General decided to drop the charges.

I'd like to know exactly what the process is within the Department of Justice on the Attorney General side. Does the Attorney General, when he or she is named Attorney General, simply sign off a delegation of authority that works its way down the line so that the little prosecutor at the border station can decide on their own because they've been delegated the authority? Or does it actually require that such a prosecution move its way, before charges can be laid, all the way up the line in federal justice, and at some point either you, a senior assistant deputy minister, the deputy minister, or the Attorney General himself actually has to sign off on it?

If you can't answer the question now, I'd like it in writing through the chair to me. Thank you.

Now I'll come back to the estimates.

11:55 a.m.

Conservative

The Chair Conservative Art Hanger

Ms. Jennings, at the close of this hour, which is about two minutes away, we are lining up a new set of witnesses. So keep that in mind.

11:55 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I will.

11:55 a.m.

Conservative

The Chair Conservative Art Hanger

At twelve noon I will be calling an end to this set of witnesses.

11:55 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Now my question goes specifically to estimates and supplementary estimates.

Given all of the new justice legislation that this government has brought out to create minimum mandatory sentencing, changes in the determination of sentences for youth, etc., has the department begun to estimate on its own--for the drug cases that are federally prosecuted--and with the provincial and territorial governments the increased cost that this will mean to the administration of justice--the actual prosecution, the trial, the cost to public corrections services? Has that been costed out? If these pieces of legislation, whether it's Bill C-26, on controlled substances, or Bill C-25, on the Youth Criminal Justice Act, are actually implemented as they were tabled, what will the cost be?

If so, please bring it to us through the chair.

11:55 a.m.

Conservative

The Chair Conservative Art Hanger

Mr. Piragoff, you have 30 seconds to answer that question.

11:55 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

He can do it in writing through the chair.