Bill C-234
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-234 |
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An Act to amend the Crown Liability and
Proceedings Act
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| R.S., c. C-50;
R.S., cc. 30,
40 (4th
Supp.); 1990,
c. 8; 1993, cc.
28, 40; 1994,
c. 11; 1996, c.
17; 1997, c.
14
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1. The Crown Liability and Proceedings
Act is amended by adding the following
after section 14:
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| No
proceedings
lie where
claim made
by inmate
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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 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.
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| Retroactivity
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(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.
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| Exception
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(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.
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| Interpreta- tion
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(4) In subsection (1), ``inmate'' has the
meaning assigned to it by section 2 of the
Corrections and Conditional Release Act.
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| Canadian Bill
of Rights and
Canadian
Human Rights
Act
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14.2 Section 14.1 shall operate
notwithstanding the Canadian Bill of Rights
and the Canadian Human Rights Act.
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| Canadian
Charter of
Rights and
Freedoms
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14.3 Section 14.1 shall operate
notwithstanding sections 7 to 15 of the
Canadian Charter of Rights and Freedoms.
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