I'm assuming that the obligation of the CSC, when we're looking at it, would fall under that same proposed section, where it carries on and talks about “pursuant to a legal action or proceeding against Her Majesty in right of Canada, or an agent or employee”, meaning against Her Majesty, an agent, or an employee, which would be the CSC, I guess.
I'm trying to find in here where that burden would shift over to CSC in actually administering the program or the payment structure, because the final subsection 78.1(4) reads:Any amount of the monetary award referred to in subsection (1) that remains after all payments have been made in accordance with subsections (1) to (3) shall be paid to the offender.
What it says to me is that there's an award, a settlement made to the inmate. Then they determine if there's any money owed, either through paragraph 78.1(1)(a), child or spousal support, or (b) as owed pursuant to a restitution order, (c) or a victim surcharge, or (d). Then if there's anything left, it gets paid to the offender.
I'm having a hard time seeing where.... It's not CSC that's cutting the cheque. I brought this up with the last witnesses. The CSC wouldn't be cutting the cheque. I'm not sure CSC would actually be getting the money. It would seem to me that if the inmate is granted a settlement in a court or a proceeding, whether that's a publicly disclosed thing or an out-of-court settlement, whoever actually comes up with the agreement or the settlement would then hold those funds and would also be the ones with the obligation to settle out paragraphs 78.1(1)(a), (b), (c), and (d)—and not CSC.
Maybe I'm interpreting that a little differently from you, but I don't see the money going to CSC first, and then CSC handing it out under (a), (b), (c), and (d). Am I missing something there?