Justice committee  The process, as I recall and I'll double-check to make sure, is that I believe the money was voted by Parliament last year and is in the fiscal framework. Parliament essentially puts money into the government's bank account. Treasury Board is the bank manager, and the bank manager decides how much they'll give each department.

Justice committee  I'll have to get back to you on that if I might. I'm not aware of that at this moment.

Justice committee  Thank you for the question. I believe the money is already in the fiscal framework of the Victims Bill of Rights Act. Currently the process is before Treasury Board to authorize the release of the money to the department. When that happens, I think the minister will be making a public announcement as to the amount, and the intended uses for the money.

Justice committee  I believe there was a reference to it in last year's budget, 2014. The money is in the fiscal framework. That's why we're in Treasury Board, soon to get the authorization to spend the money. I think Parliament approved the money in last year's budget.

Justice committee  This is a cost-shared program with the provinces and it serves 275 aboriginal programs in over 800 communities across Canada. The program has been very successful in reducing recidivism: 89% of clients who go into the program successfully complete the aboriginal justice system program.

Justice committee  Just to clarify that, with a test it's really not material whether a person under 18 is present or not. That would be evidence, but the test is whether it is objectively a reasonable expectation that at that place, at that time, a person under 18 would be there. The fact that someone under 18 is there doesn't ipso facto satisfy—

Justice committee  Under the existing law, two persons under the age of 18 could be arrested and charged under the Young Offenders Act. Under the new Bill C-36 whether they're together or whether they're alone, what matters is whether they are soliciting in a place where there's a reasonable expectation that children would be present.

Justice committee  Bill C-36 removes the inherent limitations in the existing definition of bawdy house by deleting those limitations, and essentially would allow a sex worker, either alone or collectively with other persons, to carry out activity in a fixed indoor location, provided there is no exploitation or commercialization of any of the individuals involved.

Justice committee  The details of the $20 million have not yet been finalized. However, clearly the research does show that there are certain groups that are disproportionately affected by prostitution. That includes marginalized communities, including aboriginal communities. It would naturally make sense for program money to focus on the most vulnerable, so we will be looking at aboriginal communities, at youth, and at those most susceptible to exiting the practice of prostitution.

Justice committee  There's a significant amount of difference. The first difference is the purpose of the legislation. The existing section 213 was interpreted by the Supreme Court as being essentially a nuisance offence. Basically, it was to control nuisance on the street. Bill C-36's reformulation of section 213's objective is to protect children from the harms of prostitution.

Justice committee  It was useful information, just as the consultation that the department undertook online was, as well as the in-person consultation that the minister undertook. It was all part of an accumulation of background information and views and comments with respect to a social issue in Canada.

Justice committee  The government conducted a broad consultation. There were representatives from first nations communities at some of the consultations.

Justice committee  I'm not saying whether they have a duty or not. That's a constitutional issue. I'm saying that aboriginal groups were consulted, and I believe that some of them will be testifying before the committee this week.

Justice committee  Gladue is a general sentencing principle that applies irrespective of whether there's a mandatory minimum or not. Mandatory minimums do not run afoul of Gladue. Gladue is a principle that would be applied in light of the mandatory minimum.

Justice committee  I would not agree with that statement.