moved:
Motion No. 24
That clause 20 Bill C-44 be amended by striking out lines 1 to 14 on page 16 and substituting the following:
1994, c.26, s. 35(F)
"20. Section 105 of the Act is replaced by the following:
Where person in institution
- (1) Notwithstanding the Corrections and Conditional Release Act , the Prisons and Reformatories Act or any Act of a provincial legislature; where a warrant has been issued or an order has been made pursuant to subsection 103(1) or (3) with respect to any person who is incarcerated in any place of confinement pursuant to the order of any court or other body, the Deputy Minister may issue an order to the person in charge of the place directing that
(a) the person continue to be detained until the expiration of the sentence to which the person is subject or until the expiration of the sentence or term of confinement as reduced by the operation of any statute or other law or by an act of clemency; and
(b) the person be delivered, at the expiration of the sentence or term of confinement referred to in paragraph (a), to an immigration officer to be taken into custody.
Temporary absences
(2) Nothing in subsection (1) shall limit the authority of any person, pursuant to any Act referred to in that subsection, to grant an escorted temporary absence pursuant to any of those Acts."
Madam Speaker, once again let me repeat my appreciation to both the Bloc and the Reform for having given unanimous consent to allow the government to offer this motion at report stage.
I will give a bit of background and explanation. The amendment is in reference to individuals serving time in our federal penitentiaries who are deportable, removable from our country upon completion of their time in prison.
Currently for whatever reason the individuals are considered for day parole or unescorted temporary absences. It was my feeling and that of my officials that somehow it lacks a great deal of common sense. If we think about the situation of individuals who will be deported upon completion of their sentences, why would we want to try to reintegrate them into Canadian society if they will be deported?
The reason I introduced it as an amendment at report stage is that when we came up with the proposal I obviously had to get approval from the departments of justice and solicitor general. While I was doing that Bill C-44 was introduced. Subsequent to my seeking approval both the Minister of Justice and the Solicitor General concurred that the amendment would make a great deal of sense. It is something I hope members on all sides can concur in.
Essentially we are speaking to individuals who will be deported because of the seriousness of their crime upon completion of their time in prison. Therefore this amendment would not permit such individuals to be considered for either day parole or unescorted temporary absences.
Not only does that speak to the fact that there is not going to be a need for integration into the Canadian community because of their deportations. It also limits the possibilities that upon day parole or unescorted release into the community even for a few hours those individuals may go underground or escape our authorities or officials of the Department of the Solicitor General. Consequently because of their past criminal acts they may be a danger to the general public.
Perhaps this bridges the gap between the Immigration Act, the Criminal Code and Solicitor General regulations. It is well intentioned and speaks to our regulations having the common sense they ought to have. I look forward to having the support of members of the House.