Evidence of meeting #46 for Justice and Human Rights in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was murder.
A recording is available from Parliament.
5:20 p.m.
Professor, Queen's University, Faculty of Law, As an Individual
No, that is the second edition—the 2008 edition.
5:20 p.m.
Bloc
5:20 p.m.
Professor, Queen's University, Faculty of Law, As an Individual
The publisher is Emond Montgomery. They'd be happy to fill your request.
5:20 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Excellent.
Mr. Head, how many years have you been Commissioner?
5:20 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Since 1996 or prior to that, have individuals been released based on the process laid out in section 745, and so on? Have the individuals who were released committed other murders?
5:20 p.m.
Commissioner, Correctional Service Canada
One individual has committed an offence. We're still going back to find out what that was. The initial indication to me before I came to the committee was that it was not murder, but I need to see the file to confirm that. So I can't say definitely, but the initial information is that it was not a murder offence.
5:20 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Could you get that information to us quickly—say, within a week?
5:20 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
I have a question for you, Mr. Head.
I invite my colleagues who have not yet done so to read the brief submitted by the Canadian Bar Association. It says that this provision provides an incentive to inmates serving a life sentence to behave well and get involved in rehabilitation programs. It also improves the safety of guards and other Correctional Service employees.
Do you agree?
5:20 p.m.
Commissioner, Correctional Service Canada
To definitively say that this is the sole factor, I can't agree with that. Is it a contributing factor? That's quite possible.
5:20 p.m.
Commissioner, Correctional Service Canada
If you're asking the question, is this factor alone the one that leads to security, the answer is no. Is it a contributing factor? It's possible.
5:25 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Do you believe that someone who has lost all hope could represent a danger in detention? I am talking about someone in custody, and they throw away the key.
5:25 p.m.
Commissioner, Correctional Service Canada
It's a hypothetical question, one that I'm not sure I can answer. I think you would have to pose that question to the individuals who face that situation.
I can give you situations where the level of danger for somebody who has a two-year sentence is higher at that point.
5:25 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Based on your experience, would you say that someone in the current system, which is a very lengthy one, could lie, double-cross the prison system and the commissioners and basically make up a story without anyone realizing it? If that were so, someone might be released who should never have been let out.
5:25 p.m.
Commissioner, Correctional Service Canada
Have I seen people who have done that? The answer is yes. Have I seen others who have been sincere? The answer is yes.
5:25 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
The entire system is designed so that the individual appears before a jury in the community where the crime was committed. Is the system working at this time?
5:25 p.m.
Commissioner, Correctional Service Canada
The statistics suggest, to some extent, that it works and that there are certain safeguards.
The bigger question is, why don't more offenders in this situation take advantage of it?
5:25 p.m.
Conservative
The Chair Conservative Ed Fast
We're out of time. That's five minutes. Monsieur Lemay, you've gone over five minutes.
Before we adjourn, I need to have some direction from the committee. Mr. Comartin has come up with a request for one more witness on Bill C-36, whom he wants to have come--
5:25 p.m.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
A point of order. I don't want Mr. Head to leave. Given that we're obviously not going to get to this until the week following next week, I want to confirm with him that he will try to get me as much of that information as he can in that period of time and provide it to the committee.
5:25 p.m.
Conservative
The Chair Conservative Ed Fast
Yes, understood, and Mr. Lemay also had some questions for which he wanted responses.
So, Mr. Head, if you could communicate that information to the clerk--
5:25 p.m.
Commissioner, Correctional Service Canada
That's what we're undertaking, sir. Yes.