Evidence of meeting #39 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 murder.
A recording is available from Parliament.
4:15 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Okay. That's a short and sweet answer. Thank you.
What are the cost implications, in your view, of housing and providing health care to an increased number of aging federal inmates, which may be a result of this legislation?
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
There will be no cost implications that are foreseeable for the next 25 years.
4:15 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Okay, and beyond that, if Clifford Olson perhaps needs a walker, I personally would be happy to contribute to that.
What impact will longer periods of incarceration, in your view, have on an inmate's incentive to pursue rehabilitation and demonstrate good behaviour?
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I'm unfortunately not in a position to be able to comment on that. I'm not trying to avoid the question, but it's not my area of expertise. I would suggest that corrections officials be asked that question.
4:15 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Fair enough.
Under this legislation, could consecutive periods of ineligibility for parole be imposed on offenders who have already been convicted of multiple first- and second-degree murders?
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
All murders have to occur after the coming into force of the legislation, so somebody who is already a multiple murderer has the benefit of the law as it stands today.
4:15 p.m.
Conservative
4:15 p.m.
Conservative
The Chair Conservative Ed Fast
Is there anyone else on the government side to complete the five minutes? Nobody?
We'll go back to Mr. Murphy.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
In answer to one of Mr. Dechert's questions, you said to make it comply with the charter. I didn't quite get the full answer on that. I assume, then, that there was a full review of this legislation for charter compliance.
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
We always review legislation for charter compliance. It's a legal requirement on the minister.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
But what specifically was done to make this proposal charter compliant? In your answer to Mr. Dechert, I'm not sure I was clear on that.
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I'm not able to divulge--for obvious reasons--legal advice provided to the minister. What I can say is that it is our belief, based on advice that has been provided to the minister, that this legislation is charter compliant.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
Now, Mr. Chairman, you don't want me to mention any other legislation. Can I mention the code? Okay, that's rhetorical.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
Thank you. We're a free and democratic society. It's wonderful.
There is in some of the life imprisonment aspects the offence of treason. There's no application for treason in this law whatsoever. I think Mr. Lee asked about that.
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
No. I don't believe we have anybody in prison for treason now and it's hard to envision multiple acts of treason.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
I don't want to go back to other legislation, but other legislation that we've looked at did throw in high treason. Was it just because it's in the same part of the life imprisonment section or...? Because, like you say, it's not a heavily used section.
4:15 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
The high treason provision appears in Bill S-6, the faint hope bill, and that's because people who are convicted of high treason also benefit from being able to apply for faint hope relief.
4:15 p.m.
Liberal
Brian Murphy Liberal Moncton—Riverview—Dieppe, NB
I have a few minutes here, and Mr. Lee has a question.
4:15 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
I have just one question.
This is a hypothetical I'm laying out here. In the first criminal act involving murder, you did make reference in your earlier remarks to other types of homicides—I think you did—but as I read the section, it always refers to “murder”. So these sections wouldn't apply to a case where, for example, there had been a manslaughter in the first offence--
4:15 p.m.
Liberal
4:15 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
These sections would not be applicable there. It has to be a first- or second-degree murder followed by a first- or second-degree murder or one of the...?