Mr. Speaker, at committee I raised the issue of whether this bill was charter proof. I have some doubts as to whether it would survive a charter challenge. From discussions with defence lawyers and some of the agencies that deal with prisoners, it is unlikely there would ever be a charter challenge, and practically speaking, it probably would never happen.
The agencies that deal with prisoners believe that the vast majority of prisoners currently incarcerated do not apply for the old age security benefit until shortly before they get out. That is the general belief. That category of prisoners is not going to bring the application on.
These applications are very expensive. An applicant, in effect, would be taking on the federal government in at least the Federal Court of Appeal if not the Supreme Court of Canada. There is no practical way a prisoner could afford that. Even wealthy prisoners who might be able to afford the fees would look at the minimal amount they would get. They would probably not receive much with the clawback, and they may get as little as zero. There would be no motivation for people who could pay for it. The final issue is whether the provincial legal aid plans would cover it. They may very well not, given what the costs would be.
There were comments made in the response from the minister's office that it was charter proof. It pointed out some examples at the provincial level where benefits have been taken back. When we analyze each one of those benefits, there is criteria that has to be met. It is understandable why the benefit could be taken back or there could be a refusal to pay it while prisoners were incarcerated in provincial institutions. That criteria is entirely different from the criteria of what is needed in order to get the old age pension in this country.
If somebody does challenge it, I think there is a reasonably strong chance it will be overturned, but the reality is it probably will never be challenged.