There were 4,474.
Evidence of meeting #35 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
Evidence of meeting #35 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
November 16th, 2010 / 4 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
Further to the question Ms. Jennings asked, you said that normally there would be enough time. But are there not exceptions, particularly for foreign citizens or aboriginal people?
4 p.m.
Commissioner, Correctional Service of Canada
As you would know, Mr. Ménard, there's always the exceptional case, but the vast majority.... Again, it's really key, in order for us to fulfill our roles and our obligations, that the sooner the offender gives notification at the 12-month mark, the easier the process will be. There's no question that there will be the odd case that will be complicated for some reason, such as a foreign transfer in or the examples that you've used.
4 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
So to make the process fairer, it might be wise for the judge to have the discretion to determine whether there has actually been negligence, when the deadlines weren't met, and so to refuse an extension then, but to grant an extension in cases where the problems were outside the person's control.
4 p.m.
Commissioner, Correctional Service of Canada
That's a possibility.
One of the things we could do administratively is to start our engagement with the offender two years in advance, if there were significant issues. Administratively, we could start the engagement with the offender even earlier. Using the one-year mark is a policy we've set within the organization. It's been that way for many years. We could adjust administratively when we start to engage the offender and start them thinking about that process.
4 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
Mr. Bâtonnier, you explained the expertise of the members who made up your criminal law committee very clearly. You said that it represented a consensus. You also talked about the track record of these provisions.
Did your committee have an opportunity to find a well documented opinion stating that the track record was negative?
4 p.m.
Director, Office of Criminal Affairs and Matters, Barreau du Québec
First, I'm not the Bâtonnier, not yet.
4:05 p.m.
Director, Office of Criminal Affairs and Matters, Barreau du Québec
I am the representative of the Bâtonnier du Québec. To my knowledge, the standing committee on criminal law of the Barreau du Québec could not identify a single study showing that the system under consideration was not satisfactory or was having problems.
I told you about the requirements for making an application. From what I understand from the Correctional Service, an individual simply needs to make an application within the 90 days, with the documents. That is not what the rules of procedure say in Quebec regarding reducing the parole eligibility period. The application is defined in them, and these are 18 sections of regulations, with two schedules, in which a certain number of documents have to be provided and affidavits completed. I don't think I could appear before the Superior Court in Montreal and simply say that I am representing Mr. So-and-so, who was sentenced 15 years ago, and I want to make my application because I have complied with the 90 days, and say I will provide the rest. Rather, my impression is that the nice clerk will hand my pleadings back to me and tell me to complete my document, and when they have the documents, they will take them before the chief justice.
4:05 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
So that is another reason why it would be good for the time to be longer and for judges to have discretion.
4:05 p.m.
Director, Office of Criminal Affairs and Matters, Barreau du Québec
Absolutely. We do not understand why procedure is placed above substance here. The substance is for an application is made that can be considered by a judge. The Barreau du Québec is aware of the efforts the Correctional Service makes, particularly in Quebec. In general, it may still work well in some cases, but I think the weakest people need to be protected here. So the fact that there is no time allowed or escape clause that would allow an applicant who is out of time to provide evidence that they were unable to act seems to us to be incomprehensible and unfair.
4:05 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
Ms. Pelletier, the ultimate decision is up to your Board, to allow partial release of inmates, under supervision. You say that the people who have to make that decision are independent.
Can you tell us something about these people's training and skills?
4:05 p.m.
Executive Vice-Chairperson, National Parole Board
Certainly. The people appointed as Board members come from a variety of backgrounds, to start with. In fact, the Act provides for this. The Corrections and Conditional Release Act tells us that the Board must be representative of the community. That is why Board members come from diverse backgrounds. That is why, when they become Board members, we have a very rigorous training process to bring the knowledge of people who come from different occupations up to the same level, if you will. We may have lawyers, police officers, teachers, nurses, people from the private sector, and so on. So as I said, we have a very rigorous training program. At the outset, new members are given training at both the national level and the regional level. They have at least five weeks of training, plus training on the ground, if you will, in the regions. As well, training isn't limited to that initial training. We offer our members ongoing training every year, again at both the regional level and the national level.
4:05 p.m.
Conservative
4:05 p.m.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
Thank you, Mr. Chair, and thank you, witnesses, for being here.
Mr. Head, when some of the Justice officials were here, they gave us some figures on what I call the interim applications, the initial applications that are turned down. The figure they gave us—this was up to April 25 of this year—was that there had been 276 applications, including the 181 court decisions.
Are those figures accurate?
4:10 p.m.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
When the individual is approaching that year, before they're eligible to make their first application, and they decide not to, is there any notification that goes out to anybody? I'm thinking in particular of families of the victims of that murder.
4:10 p.m.
Commissioner, Correctional Service of Canada
No. It's something we're looking at now with some of the other proposed legislative changes around information to victims.
4:10 p.m.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
Would that require a legislative change, or could you simply do it as a policy or as regulation?
