Evidence of meeting #30 for Public Safety and National Security in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was actually.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

5:25 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Absolutely not. Keep in mind that labelling someone as a vexatious complainer is done by the Commissioner of CSC. He or she has at hand all of the information on that particular person: the complaints they have filed, the resolution or lack of resolution, the fact that someone has appealed it. They have all that information at hand. They're not going to have the discretion simply to label any inmate as a vexatious complainant.

Again, this bill is going to seek to address that small loophole we need to close to make sure our system actually works the way it was intended to.

5:25 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much, Ms. James.

Mr. Norlock you can have a quick question, and then I see our clock shows close to five-thirty.

5:25 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

This is just something that may have been missed, not to comment on the suggestion that we are all automatons of the minister's office. I would just like to go through proposed subsection 91.2(3), which says:

A decision-maker may not refuse to hear a complaint or grievance that would result in irreparable, significant or adverse consequences.

So there is a protection there.

The next protection I noticed is in proposed section 91.3, where it says:

A vexatious complainant...may seek judicial review of this designation.

There is actually an appeal process so that if someone disagrees with the vexatious complaint nomenclature, they can appeal, and there is a provision that sets out in legislation an offender's right to seek the review of the commissioner's decision to designate him or her a vexatious complainant in Federal Court.

If you wanted to you could expand on that, or perhaps you actually have covered that particular part of it.

5:30 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you, Mr. Norlock.

5:30 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Yes, thank you for actually bringing that to this meeting.

It is important to point out that there is an alternative route to the formal complaint process within our institution, and that is through judicial review. That is a method that is still available to anyone who is labelled a vexatious complainant. Again, the provisions in those sections, the various points, actually do allow someone who has been labelled as a vexatious complainant to still have a legitimate complaint heard if it deals with life, liberty, security, and so on.

So there's no need for this committee to be concerned that an actual issue of importance will not be dealt with. That will still occur.

5:30 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

Although your bill does not define “vexatious” or “frivolous”, I do note that the commissioner understands what it means. The Commissioner's Directive 081, which was just amended or looked at in December 12, 2011, defines what vexatious or frivolous is:

Vexatious or not made in good faith: where the decision maker concludes on the balance of probabilities that the overriding purpose of the complaint or grievance is:

a. to harass;

b. to pursue purposes other than a remedy for an alleged wrong; or

c. to disrupt or denigrate the complaint and grievance process.

So although you have not given us the dictionary definition of vexatious, certainly that term is well known in corrections circles, especially by the commissioner, because it is defined in his directive.

I think our time is up. I see the clock just hitting 5:30.

We want to thank you for being here today and doing such a good job in defending your private member's bill. I'm certain that you will be following it as we continue to hear from other witnesses in regard to the bill.

Thank you very much.

5:30 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Thank you.

5:30 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you to all. We are adjourned.