2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-222

An Act to amend the Crown Liability and Proceedings Act

R.S., c. C-50

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Crown Liability and Proceedings Act is amended by adding the following after section 14:

No Proceedings Lie where Claim made by Inmate

No proceedings lie where claim made by inmate

14.1 (1) No proceedings lie against the Crown or a servant or an agent of the Crown by virtue of any provision in this Act or any other Act of Parliament in respect of a claim made against the Crown, servant or agent by a person who was an inmate at the time the claim arose.

Retroactivity

(2) Subject to subsection (3), subsection (1) applies in respect of a claim whether that claim arises before or after the coming into force of this section.

Exception

(3) Subsection (1) does not apply in respect of a claim in respect of which proceedings have been commenced before the coming into force of this section.

Definition of ``inmate''

(4) In subsection (1), ``inmate'' has the meaning assigned to that term by subsection 2(1) of the Corrections and Conditional Release Act.

Canadian Bill of Rights and Canadian Human Rights Act

14.2 Section 14.1 shall operate notwithstanding the Canadian Bill of Rights and the Canadian Human Rights Act.

Canadian Charter of Rights and Freedoms

14.3 Section 14.1 shall operate notwithstanding sections 7 to 15 of the Canadian Charter of Rights and Freedoms.