Thank you very much, Chair.
Minister, thank you for being here.
I just want touch on this issue of independent review. You'll recall that in the 1990s, when Justice Arbour commented on the situation, her notion was around this fact that essentially power was being taken away to a certain extent from the courts because of the abuse and misuse of solitary confinement.
She would probably not like me paraphrasing, but I'll do my best. Her assessment was that, essentially, the courts were being to a certain extent impeded on because the nature of the punishment was changing through the way that solitary confinement was being used at the time. From what we've seen with these court decisions, arguably that hasn't changed. She called for judicial oversight.
In Bill C-83, there is this notion that with the commissioner—and I say this, of course, with all due respect—and the institutional head, the warden essentially, will be reviewing and that's satisfactory. However, my issue is that even the Ontario decision, which didn't go as far as the B.C. decision, says that the person who is reviewing shouldn't be in any way influenced, or in the circle of influence, or reporting to the person who made the decision.
If the commissioner is designating an area and designating an inmate, and the warden is then the one who is reviewing every—what is it?—five days or so, does that not contravene what the judge's assessment was about the circle of influence that can prevent this review from being truly independent?