Evidence of meeting #33 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 application.
A recording is available from Parliament.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
So the government is not at all open to allowing any kind of judge's discretion on the 90-day delay where an inmate is able to show exceptional circumstances that prevented him or her from completing the application within the deadline? Is that correct?
Conservative
Rob Nicholson Conservative Niagara Falls, ON
I think it's clear what the section says, Madam Jennings, and I think it's reasonable and I think it should be left as it is.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
So is my understanding correct that the government is not open to allowing any amendment that would provide a judge's discretion in exceptional circumstances, where exceptional circumstances are shown to that judge, to extend that 90-day deadline under any circumstances? Is that correct?
Conservative
Rob Nicholson Conservative Niagara Falls, ON
A reasonable process set out in favour.... I like the way it's expressed in the bill as it was passed by the Senate.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Thank you.
I take that as a no, the government is not open to that suggestion.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Am I wrong? If I'm wrong and it's assuming—
Conservative
Liberal
Conservative
Rob Nicholson Conservative Niagara Falls, ON
—and I think it's reasonable. I'd like this committee—I'm urging the committee—to pass it just the way it is.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
In other words, my assumption, my reading of your response, is correct, that the government is not open to that even if proof of extraordinary circumstance was demonstrated.
It might happen once, it might never happen, but there's no openness of the government.
I'll move on.
Conservative
Conservative
Rob Nicholson Conservative Niagara Falls, ON
Mr. Giokas has pointed out to me that there is a process in place. It's called the BF system, the bring forward system. They already start working with and preparing these individuals well in advance of whatever timeline.
Conservative
Rob Nicholson Conservative Niagara Falls, ON
This would be Correctional Service Canada.
So, again, there is a recognition that even with 15 years of preparation, some individuals might still need some assistance. It's interesting, I'm sure for you to know, that that process is in place.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Thank you for that information.
When the Correctional Service comes before us, because I'm assuming they will be witnesses, I'll be able to ask them about that particular process and how they go about assisting the inmates. So I appreciate that information greatly.
Liberal
The Vice-Chair Liberal Brian Murphy
Ms. Jennings, we'll have to stop you there.
During your answer, Minister, you mentioned getting some information to Ms. Jennings. Of course, you would supply that I think to the committee.
Conservative
Rob Nicholson Conservative Niagara Falls, ON
No, I just want to give it to Ms. Jennings and the rest of you can figure it out for yourselves.
Liberal
The Vice-Chair Liberal Brian Murphy
Well, then, you're out of order.
You have to give it to the clerk. Would that be all right?
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
Thank you for being here today, Mr. Minister. You can rest assured that I greatly appreciate your being here, although we have differences of opinion, as you know.
Do you believe in rehabilitation?
Conservative
Rob Nicholson Conservative Niagara Falls, ON
I hope you do as well, Monsieur Ménard.
I think rehabilitation is an important part of the criminal justice system of Canada. I hope you'll join with me when you see the different programs and initiatives that we have taken.
Indeed, one of the arguments for getting rid of the two for one.... You remember on the truth in sentencing, people said people weren't getting the kind of rehabilitation when they were in provincial detention centres.... You know the efforts that were made by my colleagues to get rid of that, so that individuals could get the kind of treatment that is available under federal institutions. So, yes, by all means.
You say there are some differences of opinion. I hope we agree on that.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
You certainly seem convinced that rehabilitation is possible even for murder.
