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Public Safety committee  We wouldn't be aware of very many of them, but presumably an offender could sue another government department for something unrelated to the Correctional Service of Canada.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  I'm with the CSC legal services, so my area of expertise is really correctional law. It's certainly in that capacity that I'm here to assist the committee today. So unfortunately—

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  Certainly, as Mr. Toller spoke about, there's are a number of types of payments that can be made, such as claims against the crown that would include out-of-court settlements, and then there's more formal litigation, where we'll end up with a court judgment. Certainly, as the c

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  Well, certainly, formal litigation is what we would understand—

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  That's certainly an area where we would look for some clarity.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  That's right.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  If you would like me to jump in, is this in terms of the monetary awards that an offender would receive?

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  As we understand it, these would be awards against Her Majesty in right of Canada, meaning the federal government. It would be the one making the monetary award. Obviously in many cases CSC would be aware of that.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  We would be aware of those, and then for other government departments, presumably arrangements could be made to determine those.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  Again, my area of expertise is correctional law, so unfortunately I can't speak to that. Thanks.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  I think it would depend on the context.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  I would say that it would really depend on the particulars of that issue.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  The only comment I would make is that, obviously, so long as he is an offender, he will fit the definition of an offender before the appeal process goes through. Since the bill uses the term “offender”, he would be an offender so long as that appeal process has gone on.

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  Of course, that wouldn't be known until after the appeal process has been concluded. So if you were to look at today, would somebody fit the definition of offender? You would say yes or no, depending on the status of the appeal, and then it's only once the appeal process has been

May 1st, 2012Committee meeting

Alexandra Budgell

Public Safety committee  On actions? There would be different types—

May 1st, 2012Committee meeting

Alexandra Budgell