Evidence of meeting #34 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was victims.
A recording is available from Parliament.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
Can you provide the committee with the details of the Supreme Court's decision regarding the jurisdictional issue—namely, that the federal legislator has jurisdiction over section 738 of the Criminal Code?
Senior Counsel and Team Lead, Criminal Law Policy Section, Department of Justice
Absolutely.
Counsel, Criminal Law Policy Section, Department of Justice
That was my answer. Maybe I—
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
Sorry, I thought I interrupted you. The schedule always forces us to rush things a bit. Basically, I was asking you how this can be resolved.
Decisions will have to be made. The issue of surcharges is straightforward—it's a fine. Another issue is compensation under the bill of rights, and another is conviction. How will all this be reconciled, and how will it be resolved if the inmate doesn't have enough money to pay a surcharge, plus an order for restitution to the victim, plus an order for restitution to the organization? How will this be resolved?
Counsel, Criminal Law Policy Section, Department of Justice
That's a good question.
Ultimately, it will come down to a judge in an individual case.
I'd note, for example, that the victim surcharge functions a little bit differently from the restitution provision. It serves a little bit of a different purpose in that it's providing general funding for victim services as opposed to specific reparation for someone who's injured.
It's a valid consideration, and it would be a judge in an individual case who determines which structure of those provisions best meets the objectives of sentencing for that offender.
Liberal
The Chair Liberal Iqra Khalid
Thank you very much.
You got almost an extra minute there, Mr. Fortin.
Liberal
The Chair Liberal Iqra Khalid
I want to say thank you very much to our witnesses.
Thank you, Madam Lapointe, for your bill and for coming in today.
Thank you to our officials.
Before we adjourn, we have a quick motion for approval of our budget for Bill C-238. It has been circulated. Is everyone in favour?