Bill C-350 provides “that any monetary amount awarded to an offender pursuant to a legal action or proceeding against Her Majesty in right of Canada be paid to victims and other designated beneficiaries”.
Members of this subcommittee will recall that we looked at a similar bill earlier in this current session, a bill that had been designated as non-votable. Bill C-350 is similar to its predecessor; nonetheless, it is an improvement as regards its constitutionality.
I note in particular that the provision distributing the money awarded to an offender to victims groups instead, when there are no other claims against an offender, has been removed from the new version. I still have reservations about the constitutionality of this proposal.
I must note, however, that a case could be made for the constitutionality of Bill C-350. Proposed paragraph 78.1(1)(a), it could be argued, could be linked to the power of Parliament over marriage and divorce. Proposed paragraphs 78.1(1)(b) and (c), it could be argued, could be linked to the power of Parliament over criminal law.
I am still not totally convinced that this bill is within federal jurisdiction. However, at this stage of the legislative process, when no debates on the bill have taken place yet, debates may then cast some light on the intent and effect of the bill and where the bill could still benefit from amendments. It may be that some restraint may be appropriate before designating the bill as non-votable.