4th-36th Vol. 72-Presenting Reports by Standing and Special Committees

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Law Amendments

Eighth Report

Mr. Jack Penner (Chairperson of the Standing Committee on Law Amendments): Madam Speaker, I would like to present the Eighth Report of the Committee on Law Amendments.

Mr. Clerk (William Remnant): Your Standing Committee on Law Amendments presents the following as its--

An Honourable Member: Dispense.

Madam Speaker: Dispense.

Your committee met on Thursday, June 25, 1998, at 4 p.m. in Room 255 of the Legislative Building to consider bills referred.

Your committee has considered:

Bill 46--The Correctional Services Act; Loi sur les services correctionnels

and has agreed to report the same with the following amendments:

MOTION:

THAT the definition "offender" in subsection 1(1) be amended by adding the following after clause (c):

and includes an individual who has not been convicted of an offence but who is subject to the terms of a court order which requires the individual to report to or be in communication with a correctional officer;

MOTION:

THAT section 43 be struck out and the following substituted:

Search

43(1) A search of an individual, place or property within a custodial facility, or of an offender under supervision of a correctional officer outside a custodial facility, may be conducted in accordance with the regulations or as otherwise permitted or required by law.

Seizure

43(2) A property or substance may be seized and dealt with or disposed of in accordance with the regulations

(a) where possession of the property or substance by the person in whose possession it was found or in the circumstances in which it was found is prohibited by the regulations or by the rules established under section 25;

(b) where there are reasonable grounds to believe that the property or substance may, or may be used to, adversely affect the health or safety of a person or the security or maintenance of order within a custodial facility;

(c) where it may be evidence of or relating to a disciplinary or criminal offence; or

(d) in any other prescribed circumstances;

or as otherwise permitted or required by law.

Regulations respecting search or seizure

43(3) A regulation respecting searches or seizures under this section may be made to apply to all custodial facilities or to specified custodial facilities or specified areas within custodial facilities.

MOTION:

THAT subsection 59(1) be amended

(a) by striking out clause (w) and substituting the following:

(w) respecting searches under subsection 43(1);

(b) in clause (x), by striking out "prohibited property or substances found within custodial facilities" and substituting "property or substances for the purpose of subsection 43(2)".

Mr. Penner: Madam Speaker, I move, seconded by the honourable member for St. Norbert (Mr. Laurendeau), that the report of the committee be now received.

Motion agreed to.

Committee of Supply

Mr. Marcel Laurendeau (Chairperson): Madam Speaker, the Committee of Supply has considered the motion regarding concurrence, directs me to report progress and asks leave to sit again.

I move, seconded by the honourable member for Emerson (Mr. Penner), that the report of the committee be received.

Motion agreed to.

* (1335)