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Public Safety committee I'm just coming at it from a strictly legal standpoint, which is that this provides clarity in the act that the entity to whom those arrangements are being entered into on behalf of the community is the indigenous organization or governing body.
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee I would have to turn to my policy colleagues for that.
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee 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
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee Thank you. I'm going to talk a bit about what was done in Bill C-83 with respect to the definitions. Subsection 81(1) of the act is amended by replacing the term “aboriginal community” with “Indigenous governing body” and “or any Indigenous organization”. The reason is that when
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee It would not allow the specificity that we believe Bill C-83 clarifies, which is that when the CSC is entering into an agreement with a community, what they're actually entering into is an agreement with the indigenous organization or indigenous governing body. It wouldn't give u
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee That's right.
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee Yes, the idea is that we're just clarifying who is actually entering into the agreement. An agreement or a contract must be linked to the appropriate authority. The “community” is not who enters into the agreement for the community, on behalf of the community; it's the indigenous
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee We do have “indigenous community” in other sections, so that doesn't change. We're not removing “indigenous community” from other sections. Specifically, proposed section 84 states: If an inmate expresses an interest in being released into an Indigenous community, That doesn'
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee Currently in the CCRA right now, “aboriginal community” is defined, and that includes an organization or other group with “predominantly aboriginal leadership”. There is no qualification on what “predominantly aboriginal leadership” is. It's unqualified beyond the words, and if w
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee That's correct. In my legal opinion, it's more restrictive than what currently exists now.
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee Thank you. Could we just have one minute to look at it?
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee I just have one suggestion. In the first line, it could be “a staff member or a person engaged by the service”. That's just to specify that there are those who are not employed, but rather engaged by the federal service.
November 29th, 2018Committee meeting
Juline Fresco
Public Safety committee That's right.
November 29th, 2018Committee meeting
Juline Fresco