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Justice committee Thank you, Madam Chair. As we at the Department of Justice understand it, the requirement in the previous Bill C-14 to conduct a parliamentary review early in the fifth year after the act comes into force still applies. The fact that we have a new bill amending sections of the C
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee That's an interesting question. I think the scope of the requirement depends on the words you choose as parliamentarians. If the requirement written into the new bill is to review the bill and other related matters, I believe it will be allowed. For example, one committee had r
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee Thank you for your question. As I mentioned a few minutes ago, I don't think it's about identifying the legislation in which this type of obligation is included. In the Criminal Code, obligations for ministers to create regulations are rare, but there are a few instances. From
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee That's a good question. We sometimes wonder the same thing about the obligations of Parliament to have a parliamentary review. What if that doesn't happen? This particular amendment is not tied to an offence in the Criminal Code. The obligation of the Minister of Health to cre
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee Thank you, Madam Chair. I don't think this is an issue that is specific to the Criminal Code, as opposed to other statutes. The Criminal Code does not contain very many regulation-making powers for ministers that would impose duties to consult. I think these issues are just more
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee The word “avec” is not in the text.
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee So it says “...le ministre de la Santé consulte, lorsque cela est indiqué, le ministre responsable de la condition des personnes handicapées.”
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee As I understand it, yes.
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee No, not exactly. Here's what I received from my colleagues in charge of drafting: Dans l'exercice de ses responsabilités au titre du paragraphe (3), le ministre de la Santé consulte, lorsque cela est indiqué, le ministre responsable de la condition des personnes handicapées.
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee Thank you, Madam Chair. We did take a look at and consider this language, and we had some discussions with the legislative drafters at the Department of Justice. We were unable to locate a provision in the federal statute book that said that a minister should do something. It's
November 24th, 2020Committee meeting
Joanne Klineberg
Justice committee Thank you very much, Madam Chair. Unfortunately, while I was able to hear the first part of it, I was not able to hear all of it. If you could read it again, that would assist my being able to help clarify what it does.
November 19th, 2020Committee meeting
Joanne Klineberg
Justice committee Yes.
November 19th, 2020Committee meeting
Joanne Klineberg
Justice committee If you could read it one more time, that would be great.
November 19th, 2020Committee meeting
Joanne Klineberg
Justice committee Yes, if you wouldn't mind. I will take notes.
November 19th, 2020Committee meeting
Joanne Klineberg
Justice committee Thank you, Madam Chair. I'm really only looking at subparagraph (e)(i). I think the wording for the revised paragraph (e), which is the requirement to obtain a second assessment, is identical to what's currently in the Criminal Code, so I think that is fine. If I look at the pr
November 19th, 2020Committee meeting
Joanne Klineberg