Evidence of meeting #158 for Public Safety and National Security in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
5:25 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
If they have other convictions, then they would not be eligible under this scheme.
5:25 p.m.
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
Okay. No exceptions are made for any access to justice issues. If you fail to appear in court, you're...?
5:25 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
If they have another conviction on their criminal record, they would be streamed through our regular program.
5:25 p.m.
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
This is hypothetical, a dangerous exercise in our line of work, but I'm going to try one. An individual who committed a minor offence but who's now on the good behaviour path working toward a record suspension for an unrelated conviction, who then received a possession conviction during the last couple of years as the debate over legalization was occurring, would not qualify because they had not reached the record suspension point. Is that correct? They were only on the path of good behaviour.
5:25 p.m.
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
For their first offence...?
5:25 p.m.
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
That's right. They have to have finished their waiting period.
5:25 p.m.
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
When you look at the 10,000 number out of the 250,000, does that include those who are disqualified based on eligibility such as some of the criteria we discussed?
5:25 p.m.
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
The 10,000 includes those who only have a conviction for possession of cannabis.
5:25 p.m.
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
Okay. Out of the remaining 240,000, I know it's probably difficult, because some folks might be deceased and other reasons, but do you know how many of those 240,000 are not eligible under Bill C-93 because of other related issues such as the ones we just discussed, because they have other convictions?
5:25 p.m.
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I don't know that.
5:25 p.m.
Liberal
The Chair Liberal John McKay
Thank you for that.
I have one final question. As you know, the Department of National Defence has a military justice system and it's a bit of a hybrid system, where some part is criminal and some part is disciplinary. What would happen to a soldier who is convicted in the military justice system and a conviction is entered for possession of marijuana under that system?
5:25 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
Convictions that fall under the National Defence Act would also be eligible for those who have been convicted only for simple possession of cannabis. For members and former members, we would ask them to obtain their military conduct sheet, and then we would be able to process them as we would similarly those who have a conviction that falls under the Criminal Code.
5:25 p.m.
Liberal
The Chair Liberal John McKay
Would the record suspension apply not only to the criminal conviction but also to the disciplinary event?
5:25 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
We would notify the commanding officer after the record suspension was ordered.
5:25 p.m.
Liberal
The Chair Liberal John McKay
Does the commanding officer have any discretion as to whether to accept that record suspension?
5:25 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
It is legislated that those convictions fall under the Criminal Records Act so they would be put separate and apart as well.
5:30 p.m.
Director, Clemency and Record Suspensions, Parole Board of Canada
It would be removed from the soldier's record when we notify them that the record suspension was ordered.
5:30 p.m.
Liberal
The Chair Liberal John McKay
Thank you.
With that, I want to thank you for your patience and your answers.
We are going to adjourn, but before colleagues disperse, I have two administrative things to do. First of all is to write to Mr. Easter, chair of the Standing Committee on Finance, who sits exactly two chairs away from me—I'm going to save the stamp—that we take on part 4, division 10, of Bill C-97. I need a motion to approve that.
5:30 p.m.
Liberal
The Chair Liberal John McKay
The second, with respect to the subcommittee that met on April 10, is a presentation of the deliberations of the subcommittee.
We agreed to meet the NSICOP, the National Security and Intelligence Committee of Parliamentarians, on Monday, May 13, for an hour to discuss their report in relation to Bill C-93, to provide no-cost, expedited record suspensions. We agreed to start that study, which we have obviously started today, and we agreed that the chair should respond to the April 9 letter from the chair of the Standing Committee on Finance, which we've just done.
Can I have a motion to accept the subcommittee's report?
5:30 p.m.
An hon. member
I so move.
