Public Safety Committee on Nov. 29th, 2018

[Rachel Blaney, NDP, North Island—Powell River, BC]

I have one more question, if I may, Chair.

[The Chair, Liberal, John McKay]

Okay.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Section 35 doesn't include all indigenous communities. I just want to clarify that as well, because this sort of broadens the definition a little bit. Moving forward and looking at the direction that we're trying to move forward in this country, I don't want to leave people out who could do that important work. Section 35 doesn't encompass that, so how do we remedy that?

[Angela Connidis]

The intention definitely is that it's not meant to be narrow. We don't have our constitutional experts with us right now.

[The Chair, Liberal, John McKay]

Go ahead, Ms. Damoff.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

My understanding is that the wording that's been put into the bill now expands greatly the number of groups or organizations that could come forward to create a healing lodge. For example, we heard about one that's proposed for Toronto, certainly some place where one would be needed, and that organization, provided it's an indigenous organization, and if the amendment I put forward passes and the majority of the leadership are indigenous, then they would be able to come forward and enter into an agreement with the government.

That wouldn't be able to happen at the present time. This will allow it to expand the number of organizations by adding in that we have the organization or governing body. We're putting it in place that we have more opportunity for organizations to contract with the government, because you're not contracting with communities. That's what I'm hearing.

[Juline Fresco]

My understanding is that what you would be doing is, if we're talking about the proposed amendment that's coming up, it would state that the definition of an indigenous organization is one with “predominantly indigenous leadership”. That would be consistent with what is currently in the act. It certainly would not be restricting what's currently in the act, because the definition of “aboriginal community” includes indigenous organizations with “predominantly indigenous leadership”. Given that's the proposed amendment, it would be consistent with that and certainly not limit it in any way.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Thank you. You've clarified that for me.

[The Chair, Liberal, John McKay]

Is there any further debate?

Take note that the vote on NDP-15 is consequential to NDP-18 and NDP-19.

[Rachel Blaney, NDP, North Island—Powell River, BC]

I just want to make sure that this is a recorded vote.

[The Chair, Liberal, John McKay]

It's a recorded vote.

(Amendment negatived [See Minutes of Proceedings])

On PV-30, I see Ms. May has returned to us.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank you, Mr. Chair.

I apologize. I had both Bill S-203 and the late show. Now I'm back.

This amendment is very similar to the one that Rachel just put forward. It deals with the question of instances of an indigenous governing body, so that we are able to ensure that people who are in what might be considered urban indigenous groups.... Other things that might not be covered under the act we think will be all right, with the exception that I propose changing the word “aboriginal” to “indigenous”.

This was a particular suggestion of the Native Women's Association of Canada. We want to ensure that we are recognizing the indigenous status of a particularly vulnerable group that is disproportionately represented in our correctional system.

Thank you, Mr. Chair.

[The Chair, Liberal, John McKay]

Is there any debate?

(Amendment negatived [See Minutes of Proceedings])

Next is LIB-5.5, from Ms. Damoff.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Thank you, Chair.

I think I said most of it when I was asking my questions. I think it's very important to recognize that the intent of adding the wording “predominantly indigenous leadership” is to recognize the concerns that we heard at committee and that we heard from stakeholders, and to incorporate that into language that will also be enforceable within the act and usable by the government when they're contracting with outside organizations.

I think everyone in this room is on the same page in terms of where we want to get to. I think we just have a different idea of how we need to get there. Based on what was said by department officials and the lawyers, which I'm not, I believe this will serve the intent of the things that we heard at committee. With that, I hope everyone will support it.

I'd like a recorded vote on this one too, Chair.

[The Chair, Liberal, John McKay]

Before we go to the recorded vote, is there any debate?

(Amendment agreed to [See Minutes of Proceedings])

It's unanimous.

Next is NDP-16, from Ms. Blaney.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you again.

This amendment is that Bill C-83, in clause 23, be amended by replacing lines 15 and 16 on page 11 with the following:

79.1 In recognition of the systemic discrimination Indigenous offenders face in the correctional system and the Service's obligation to advance equality in correctional outcomes for Indigenous offenders, the Service shall, when assessing an Indigenous offender' s needs in order to make a decision under this Act affecting the offender, take the following in-

Again, in my opinion, this something that we just need to do. I hope we have support.

[The Chair, Liberal, John McKay]

Is there debate?

(Amendment negatived)

On amendment PV-31—

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank you, Mr. Chair.

This is again looking at the question of how Gladue principles inform actions, but there's nothing in the current legislation that actually puts those principles into practice. This would ensure that the Criminal Code Gladue provision will be incorporated into BillC-83. It's a very simple amendment. It's one that is supported by the Native Women's Association of Canada, by Aboriginal Legal Services, and by Lois Frank, who gave evidence before this committee as the Gladue report writer from the Alberta department of justice.

Thank you.

[The Chair, Liberal, John McKay]

Is there debate?

(Amendment negatived [See Minutes of Proceedings])

On amendment NDP-17, we have Ms. Blaney.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you, Chair.

This is a simple amendment to add the impact of gender to the above list of considerations for indigenous offenders.

Thank you.

[The Chair, Liberal, John McKay]

Is there debate?

(Amendment negatived [See Minutes of Proceedings])

We're on amendment PV-32.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank you, Mr. Chair.

This is meant to ensure that the National Aboriginal Advisory Committee as well as regional committees work to develop the other factors required to fulfill the principle found in paragraph 4(g) of the CCRA . This paragraph ensures that the Correctional Service also is responsive to the needs of marginalized groups, particularly women, aboriginal groups, or people dealing with mental health issues.

[The Chair, Liberal, John McKay]

Is there debate?

(Amendment negatived [See Minutes of Proceedings])

We're on amendment LIB-5.6, in the name of Ms. Damoff.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Thank you, Chair.

This amendment is drafted to deal with the exact concerns we heard about regarding the misuse of Gladue reports.

I was quite happy to see in the bill when it was introduced that indigenous history and Gladue reports would be taken into account, but we've heard during our study at status of women, and I've heard when speaking with individuals, that those reports are sometimes not provided to institutes because of how they are used, and also that they are used to assess risk and not the needs of the inmate.

This amendment specifies that the legislation says it must be taken into consideration. This amendment will ensure that any decisions made based on that will not be used to assess risk posed by an indigenous inmate.

[The Chair, Liberal, John McKay]

Is there debate?

(Amendment agreed to [See Minutes of Proceedings])

Shall clause 23 as amended carry?