Bill C-83 on solitary confinement, as it stands, violates the constitution

On Wednesday, June 19th, 2019 in Debate, Democracy, Issues, Parliament

Mr. Speaker, for my hon. friend, the Parliamentary Secretary to the Minister of Public Safety,, I recognize that the bill before us would make improvements in the situation of solitary confinement. I am particularly grateful to her colleague, the hon. member for Oakville North—Burlington, for working so collaboratively on the committee and helping some of my amendments get through.

However, I am very troubled by the rejection of some of the Senate amendments. I am sure the parliamentary secretary is aware of the letter from Senator Pate to the Minister of Public Safety and the Minister of Justice, which was shared with many members. It spoke to something that is quite compelling, which is unusual when legislation goes through this place. We already have a foreshadowing from the Ontario Court of Appeal that the legislation will not be found to be constitutional.

The citation is from the Canadian Civil Liberties Association case, where the Ontario Court of Appeal comments in relation to the five-day review. The key sentence reads, “Nothing more has been done to remedy the breach”, and this is a breach of the Charter of Rights and Freedoms in the interim, “and it remains unclear how Bill C-83 will remedy it if enacted.”

The Senate amendments and the ones that the hon. parliamentary secretary referenced must go through. We can get the bill faster by accepting these amendments from the Senate. The administrative objections that I heard from the parliamentary secretary do not measure up to the imperative of ensuring the bill is constitutional.

Print this page

Share

How you can help

Follow Me

facebook-icon Facebook Twitter YouTube Digg

eNewsletter


Green Party Logo

Constituency Office

1-9711 Fourth St
Sidney, BC  V8L 2Y8

Phone: 250-657-2000
800-667-9188
Fax: 250-657-2004

E-mail: elizabeth.may.c1a@parl.gc.ca

Parliament Hill Office

518 Confederation Building
House of Commons
Ottawa, ON  K1A 0A6

Phone: 613-996-1119
Fax: 613-996-0850

E-mail: elizabeth.may@parl.gc.ca

Jobs & Volunteering

Click here for the latest opportunities