Bill C-43 (Historical)

Strengthening Canada's Corrections System Act

An Act to amend the Corrections and Conditional Release Act and the Criminal Code

This enactment amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) provide that a correctional plan is to include the level of intervention by the Service in respect of the offender’s needs and the objectives for the offender’s behaviour, their participation in programs and the meeting of their court-ordered obligations;
(c) expand the range of disciplinary offences to include intimidation, false claims and throwing a bodily substance;
(d) establish the right of a victim to make a statement at parole hearings;
(e) permit the disclosure to a victim of the name and location of the institution to which the offender is transferred, the reason for a transfer, information about the offender’s participation in programs and convictions for serious disciplinary offences and the reason for a temporary absence or a hearing waiver;
(f) provide consistency as to which offenders are excluded from accelerated parole review;
(g) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(h) authorize a peace officer to arrest without warrant an offender for a breach of a condition of their conditional release.
This enactment also makes a consequential amendment to the Criminal Code.

Strengthening Canada’s Corrections System Act

[The Acting Speaker, Conservative, Barry Devolin]

Questions and comments. The hon. member for Edmonton—Strathcona, with a question on Bill C-43.

[The Acting Speaker, Conservative, Barry Devolin]

I would like to remind all hon. members that we are debating Bill C-43.

The hon. member for Northumberland—Quinte West.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, that brings to mind something that occurred about a year ago. I received a communication from some of my former brothers in uniform which related to a specific offence where an officer had been brutally murdered by a criminal. This murder was the subject of great community upheaval. By its very nature, the Ontario Provincial Police force polices smaller more rural communities, in most circumstances. In ordering the accused incarcerated, there was a recommendation by the court and a request by the Crown through the victims, and as a result of the community involvement because this particular officer had been well respected in the community, that the offender in question not be placed in a prison close to the community, as is the custom for Correctional Service Canada. That was complied with.

However, what has occurred, without the knowledge of the victims, and at the last moment, was a decision by Correctional Service Canada as a result of a court decision to move the prisoner back into the community. This has created a great upheaval. For my learned friend's edification, this particular case did not just impact the victims. The whole community was victimized.

I believe Bill C-43 would allow that input by the victims into decisions that Correctional Service Canada and others may make, including the courts. It would assist with their voice being heard as to why and where prisoners should be housed.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, law-abiding Canadians expect their government to do something to keep their streets safe. For this reason I am proud to rise today and speak on behalf of Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code. The bill proposes much-needed reforms to existing legislation that will indeed keep our communities safer.

However, before I address specifics, let me put the bill into a larger context. Since coming into office in 2006, this government has pledged to make the safety and security of Canadians one of its top priorities.

That is why we created an independent panel to review all aspects of Correctional Service of Canada. When the panel released its report in December 2007, which contained 109 recommendations, the government was quick to respond.

Budget 2008 invested over $478 million over the next five years to implement a new vision of federal corrections, which included addressing some of the panel's key recommendations.

This laid the foundation for the amendments to strengthen the federal corrections system that we are proposing today through Bill C-43. The bill proposes reforms in four key areas. It will provide better support for victims of crime, enhance accountability and responsibility of offenders, strengthen the management of offender reintegration, and modernize disciplinary action.

Let me begin with victims of crime, because when it comes to our corrections system they are so often last on everyone's list. The current act clearly recognizes that victims of crime have an interest in the correctional and conditional release process. Yet victims and their advocates have expressed dissatisfaction with the current law. They have called for improvements that would assure them of a stronger voice in the process. This government has heard their concerns. We have listened and we are acting.

As it stands now, victims sometimes travel long distances to attend a parole hearing, but if offenders withdraw their participation, the hearing can be cancelled at the last minute. This creates both a financial and an emotional burden for victims.

The bill proposes that when offenders ask to withdraw 14 days or less before the date of the hearing, the board may still proceed as scheduled unless there are particular circumstances, and victims would have the right to ask why the offender has waived a parole hearing. These measures would go a long way to preserving the peace of mind of victims.

Bill C-43 would also enshrine in law a victim's right to attend and make statements at National Parole Board hearings. In addition, it would enable victims to access relevant information about an offender including reasons for transfer or temporary absence and participation in program activities.

Finally, to ensure that the voice of victims continues to be heard, the government proposes to create a national victims of crime advisory committee. This body would enable victims to share their views and perspectives on corrections issues. In this way the government would keep better informed about the needs of victims.

The second major area of reform relates to the responsibility and accountability of offenders. A successful transition into the community does not happen by accident or through wishful thinking. It takes good planning, targeted interventions and appropriate correctional programs followed by supervision in a supportive community. It demands that offenders play an active role in their rehabilitation.

That is why the bill before the House stresses that rehabilitation is a shared responsibility between offenders and Correctional Service of Canada. Offenders would be expected to respect others, obey the rules and actively participate in fulfilling the goals of their correctional plan. To that end, each correctional plan would set out expectations for behaviour, participation in any programs and the fulfilment of any court-ordered financial obligations.

The third area of reform relates to the management of offenders and their reintegration into the community. We need to do better, so that we better protect law-abiding Canadians in all conditional release decisions. For example, the legislation proposes to give police the power to arrest, without warrant, any offender who appears to be in breach of parole.

In the final area of reform, Bill C-43 would modernize the system of discipline in federal penitentiaries. Specifically, it would impart stronger penalties for breaking rules such as disrespectful, intimidating or assaultive behaviour, including throwing bodily substances.

The four reforms I have outlined are overdue. They are in keeping with recommendations made by an independent review panel and they would go a long way toward keeping Canadians safe.

The protection of society is our first priority. For too long, the rights of offenders have taken priority over law-abiding citizens and even over victims of crime. It is time to swing the pendulum back to where it belongs. Canadians deserve to feel safe in their homes. Victims deserve to be treated with more respect, as do staff and correctional officers in our institutions. Offenders must be prepared to take more responsibility for their conduct and pay the price if they break the rules.

These are the objectives of Bill C-43. It would provide the government with the authority to make changes to the act that would better promote greater safety and security for all Canadians.

I so urge all members of this House to give their unconditional support to this bill.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I listened carefully to my colleague as he was speaking and while I appreciate his support for Bill C-43, I hope of course that he is speaking also for his Liberal colleagues.

I am wondering what assurance my colleague can give me that when this passes through the House, it will not be delayed, obstructed or gutted by Liberal senators in the other place. This is a very real concern I have because of what we saw, for example, on Bill C-25, which passed through the House, but which, when it reached the Liberal senators in the other place, was gutted. Actually, they defied their leader in doing so, and they did so without any repercussions.

Fortunately, Bill C-25, due to public pressure, passed ungutted, let us say, in its original form and Canadians were well served, but when the President of the Treasury Board today brought up Bill C-26 on auto theft, we saw it too being obstructed and delayed by the Liberal senators in the other place.

I hear my colleague speaking, but I would like to know what assurance he can give, not just to me and my colleagues in the House, but to all Canadians that this will make it through the Liberal senator blockade in the other place.

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

Mr. Speaker, I rise today in favour of Bill C-43 and in honour of victims of violent crime across Canada. My riding has felt the full force of such crimes over the past year. Much of what I will share in my remarks today comes from the input I have received from the families of these victims.

I have spoken several times in this House about the terrible events that occurred on October 19, 2007 in the city of Surrey. That fateful evening was marked by the most brutal gangland slaying in British Columbia's history.

Sometime that day, between 3 and 4:30 p.m., members of a criminal gang executed six people with gunshots to their heads. Four were young men with established links to the drug trade, but two of them, 55-year-old Ed Schellenberg, and 22-year-old Chris Mohan, were uninvolved victims. They were innocent bystanders who were at the wrong place at the wrong time.

Although the perpetrators of this terrible crime have been apprehended and are now in the justice system, for the families of the victims, there is little consolation to be had. That is why I believe that any measure that would provide family members with some measure of peace of mind is entirely appropriate.

Bill C-43 makes improvements to the healing process and strengthens the rights of victims and of society in our parole process.

As recognized by a Correctional Services of Canada independent review panel, the Corrections and Conditional Release Act leaves a substantial amount of room to better include victims and their families in the process.

Under the revised act, a victim's right to attend and make statements at National Parole Board hearings will be enshrined in law. This is a sensible idea.

There must be no discretion residing with board members to prevent victims' statements. The only determining factor should be the will of the victims and their families to be heard either in person or by statement.

The movement of convicted criminals by transfers is something which, in the past, has happened in virtual isolation, with little or no notice of such decisions passed on to victims or their families in advance. This isolation is unacceptable as the residual effects of crime never fully disappear.

Therefore, correctional services has an obligation to mitigate the stress caused by such prisoner transfers by providing as much information as possible to prepare those impacted by the crime.

The name and location of the institution to which the offender is transferred, the reason for the transfer, information about the offender's participation in programs, and convictions for serious disciplinary offences should be freely shared.

While I keep referring to victims and their families, everyone in these types of situations are victims. The pain caused to individuals who have had a family member pass away as a result of violent crime is immeasurable. Thus I am very pleased to see that guardians, caregivers or victims who are deceased, ill or otherwise incapacitated are being given an equal level of rights with regard to receiving information.

Perhaps the most significant part of Bill C-43, however, will be the creation of a national advisory committee on victims issues co-chaired by the Department of Justice and the Department of Public Safety. With the intention of giving victims the opportunity to provide input into policies and procedures that impact victims and victims' services, this is a revolution in the way victims' rights are considered.

For many years groups such as Canadian Crime Victims Foundation have advocated from outside the system. They have fought to educate service providers like police officers, justice system personnel, victim service providers and front-line staff on victims' needs, both immediate and long term.

They have tried to provide a clear understanding of protections needed and services required at public and private hearings by those victimized by violent crime. They have created broad public awareness in support of proactive, positive changes for victims of violent crime.

They have conducted research to provide reliable competent data on the status of crime victims, their needs, and the long-term viability of government programs.

While the contributions of such groups will continue to be vital with the creation of the national advisory committee, this newly established body must be considered a huge success and a grand endorsement of their efforts over many years.

Consideration for victims hopefully never again will take the form of tokenism. The changes that I have just described within Bill C-43 represent a new paradigm for our justice system.

Never again do I want to have to face victims or their families and hear about how they have been systematically and institutionally cut out of the process of justice, and as a result have had their healing replaced by anger, frustration, and complete and utter hopelessness.

Every member in this House has constituents and neighbours who have been impacted by violent crime. Regardless of party affiliation or personal viewpoints, this is a bill that we should support in unified confidence in honour of victims.

I encourage all members of the House to step forward, do the right thing and support this important and long-overdue piece of legislation.

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I would ask the member to table his documentation. It is hard to follow numbers and statistics when they are presented verbally.

One thing I do want to say is that the changes we are proposing in Bill C-43 are the types of changes that Canadians have asked for. Canadians feel unsafe. They feel victimized by criminals. The measures we are proposing in Bill C-43 address some of the very fundamental concerns they have expressed.

One of the measures is the presence of the victims at parole hearings. Victims have asked to be present at parole hearings and to have a say. They want to be able to tell their story and express their concerns about a decision that is about to be made regarding parole. Bill C-43 would put that into law so that victims would have the right to participate in the parole hearings. This is fundamental.

There are many other excellent changes that we are bringing about. I encourage members from the opposition parties to support Bill C-43.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, mine is more of a comment than a question and deals with the heckler during my speech on Bill C-43. The member for Edmonton—St. Albert was asking me about some statistics I used in the speech on Bill C-43 that we are dealing with right now. By the way, I saw him last night on a show on CPAC, and he did a great job.

My information came from Statistics Canada, as I said to him and his heckling partners.

The Statistics Canada study found that adult offenders who spend their sentence under supervision in the community are far less likely to become reinvolved with correctional authorities within 12 months of their release than those who are in a correctional institution.

The study found that in four provinces, 11% of the people who were under community supervision became reinvolved with correctional authorities within 12 months of their release in 2003-04. Among the study where people were in the community only 30% were involved in crime.

The fact of the matter is that people who were in the correctional institutions and came out were twice as likely to reoffend as people who were under community supervision.

I can certainly provide the member with a copy of this study if he would like.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I am pleased to rise today to sponsor Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code.

As the father of five children, public safety is a matter of great importance to me, and that is why I am proud to rise today to show that the government is honouring its promises to improve safety on our streets and in our communities, for all Canadians, and to ensure that victims have a voice in the justice system.

When the people of Glengarry—Prescott—Russell elected me for the first time, I told my constituents that our Conservative Party would do things differently in government, and that the appalling complacency of the former Liberal government would be coming to an end.

We said we were going to be tough on crime; we have kept our promise. We said we were going to make sure that people convicted of using firearms to commit serious crimes would get a sentence that reflected the heinousness of their actions; we have kept our promise. Unlike the opposition parties, which would like to keep claiming to protect Canadians with a useless and expensive firearms registry, we have taken concrete action against criminals who use firearms. We said we were going to give police the tools they need to do their jobs; once again, we have kept our promise.

Over the last three years, the government has honoured the commitments it made to protecting the safety of Canadians in their homes and their communities. We have fulfilled our commitment to help victims.

That is why I am very happy to have the opportunity to support this bill today. In addition to demonstrating our commitment, this initiative is supported by law enforcement representatives, victims’ rights groups and honourable members.

Bill C-43 proposes several fundamental reforms to corrections and conditional release to help ensure they continue to work the way they should in light of the changing nature of the offender population and the needs of victims.

Today, we know that many offenders entering Canada's corrections system arrive with histories of committing violent offences. Many offenders have gang or organized crime affiliations. An increasing number of offenders have serious mental health illnesses and nearly four out of five now arrive at a federal institution with a serious substance abuse problem. Many as well need to learn how to live as law-abiding citizens and might face the need to address their behaviours for the first time ever.

All of this requires a new approach to corrections and conditional release, one that will ensure that offenders get the help they need to rejoin society as law-abiding citizens, so that both our streets and our federal corrections facilities are safer places for everyone.

The amendments proposed in Bill C-43 will achieve this by enhancing offender responsibility and accountability, and by strengthening the management of offenders during their incarceration and parole. It will also achieve this by giving victims access to more information and by modernizing disciplinary actions.

All in all they reinforce and build on the work already underway to strengthen corrections and conditional release while also laying the foundation for a move toward a system of earned parole. They are also long overdue.

Some members of this House may know that as far back as 1998, the Standing Committee on Justice and Human Rights created a subcommittee to review the Corrections and Conditional Release Act and recommend ways of improving it.

In its report, the subcommittee made 53 recommendations; one of the things it suggested was that the protection of society be the fundamental principle in all decision-making processes relating to the corrections and conditional release system, and that all efforts be made to ensure that offenders participate actively in their rehabilitation and reintegration. These were wise recommendations, that called for immediate action to be taken, and that is what our government is doing.

In 2007, our Conservative government established an independent committee to review the operational priorities, strategies and business plans of the Correctional Service of Canada, as part of our commitment to protecting Canadian families and communities.

The committee made 109 recommendations. Many of them are now being implemented, thanks to the $478 million that the government allocated in its 2008 budget. But we can do more, and that is what we are doing. The government is determined to achieve its objective, and that is why we are moving forward today.

Bill C-43 will allow us to implement a key recommendation in the 1998 report of the Standing Committee on Justice and Human Rights, and in the 2007 report of the independent review panel. This recommendation proposes to amend the Corrections and Conditional Release Act to clarify that the protection of Canadians is the paramount consideration in the corrections and conditional release process.

Pursuant to the recommendations made in the two reports, Bill C-43 also proposes to ensure that the rehabilitation of offenders is a shared responsibility.

The amendments before us will require offenders to conduct themselves in a way that demonstrates respect for other people and property. As well, they will require all offenders to obey all penitentiary rules and conditions governing their release, while also actively participating in the setting and achieving of objectives in their correctional plans.

Since rehabilitation is a two-way commitment, Bill C-43 proposes amendments to ensure that a correctional plan is completed for each offender that sets out objectives for behaviour, program participation, and the meeting of their court-ordered obligations such as restitution to victims.

Amendments will also introduce new incentive measures to help promote offender participation in their correctional plan. As the 2007 independent panel report notes: “--if rehabilitation is to occur and truly be sustained, it must be shared between CSC and the offender”. That is what the amendments before us today will do.

As well, Bill C-43 will modernize the system of discipline in federal penitentiaries by, for example, addressing disrespectful, intimidating and assaultive behaviour by inmates, including the throwing of bodily substances. Anyone who has been a prison guard will say that the job is not easy. Prison guards will be pleased to learn that our Conservative government is standing up for them.

Bill C-43 also proposes to strengthen the management of offenders and their reintegration into society by allowing police officers to arrest offenders who appears to be in violation of their parole without a warrant and by excluding from accelerated parole offenders who are convicted of crimes such as street racing or luring a child over the Internet.

Police and other criminal justice partners have asked for these changes and our Conservative government is delivering on them. As a husband and father, I cannot emphasize enough how important this is to me and to families all across Canada.

Of course, the victims have been asking for a long time to have better access to information about offenders, and to play a more active role in the Canadian justice system.

Bill C-43 meets the victims' requests in a number of ways. For example, it allows them to obtain information on the reasons for a temporary absence or transfer, and on the offender's participation in programs and convictions for serious disciplinary offences. Families want to feel safe at home. It is unacceptable that they should live in constant fear that their victimizer could come back.

The right of victims to participate in National Parole Board hearings and to make statements will be put into law.

Moreover, in most cases, offenders will not be allowed to withdraw their parole application in the 14 days preceding the hearing date. The government is also setting up a national advisory committee to better inform victims of the policies and procedures that affect them, so that they can have better access to information and services that are of interest to them.

The amendments proposed by Bill C-43 are balanced and fair. They respond to the needs of victims as well as those of offenders who want to rejoin society as law-abiding citizens to lead useful and productive lives. They respond to the needs of staff in correctional facilities, all of whom have a right to expect a safe and secure work environment. They also respond to the needs of all Canadians who have a fundamental right to expect that the corrections system will work the way that it should work and that their safety and security is paramount.

I therefore urge all hon. members to give speedy passage to the bill before us today, so that all of us can continue to transform the corrections system into one that truly meets the needs of the 21st century.

The House resumed consideration of the motion that Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code, be read the second time and referred to a committee.

Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, in relation to what day the House will be doing its annual tributes to the sacrifices of our veterans and those in the Canadian Forces currently serving, that will be under negotiation. I suspect that is something that will be discussed among all House leaders in the days ahead. We will decide, obviously, collectively and co-operatively on the appropriate time to make that important tribute.

In regard to our ongoing justice program, obviously we are going to continue along, as we have last week and this week, for the remainder of the week with our justice legislation. I would note that since my last statement, we introduced Bill C-53, Protecting Canadians by Ending Early Release for Criminals Act, and Bill C-54, Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. Both of those additional bills are a key part of our ongoing efforts to reform the justice system in our country.

We sent to committee this week Bill C-42, Ending Conditional Sentences for Property and other Serious Crimes Act; Bill C-52, Retribution on Behalf of Victims of White Collar Crime Act; Bill C-46, Investigative Powers for the 21st Century Act; and Bill C-47, Technical Assistance for Law Enforcement in the 21st Century Act.

By the day's end, we hope to conclude debate on Bill C-43, Strengthening Canada's Corrections System Act. If we do that, I intend to call Bill C-31, the modernizing criminal procedure bill, and Bill C-19, the anti-terrorism bill.

Tomorrow we will continue with yet another justice bill, Bill C-35, Justice for Victims of Terrorism Act, followed by the remainder of the justice bills that I noted if they have not been completed.

Next week I intend to call Bill C-50, the employment insurance for long tenured workers' bill, which is at report stage, having had it returned from committee.

Following Bill C-50, we will call for debate the report and third reading stage of Bill C-27, Electronic Commerce Protection Act, and second reading of Bill C-44, An Act to amend the Canada Post Corporation Act,

Finally, Wednesday, November 4, will be an allotted day.

Strengthening Canada's Corrections System Act

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, although we are on opposing sides of the House, I absolutely agree with what the member said.

Bill C-43 takes the absolute wrong approach and does not promote public safety. At first glance, the changes proposed by Bill C-43 do not seem too harsh but the bill removes the least restrictive language and changes to the standard in the CCRA to measures that are limited to what is necessary and proportionate to the objective for which they are imposed.

This change opens the door to more severe treatment of offenders in the absence of any evidence that the least restrictive language is hindering the ability of the CSC to fulfill its mandate. I would like to hear the member's opinion on that and talk about how that will change the prison systems for the worse.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am very pleased today to speak to Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code.

For a long time, New Democrats have supported getting smart on crime. On a daily basis, the Conservatives talk about tough on crime, but we find that their tough on crime approach at the end of the day does not get the results that even they would want to get out of it.

When we talk about smart on crime, we can look at situations, for example, in the ways we want to keep our communities safe. We only have to look at my home province of Manitoba to see that we had an increasing problem with car theft in our jurisdiction and ended up getting smart on crime, rather than tough on crime, by bringing in an immobilizer program for automobiles, which reduced the rate of car thefts by a substantial amount over the last couple years. We set up a group within the police department to target car thieves, monitor them, chase them and get them off streets and into custody at every possible opportunity. Working together, we have ended up with very good results to the point where on a one day basis this spring we managed to have zero car thefts in Manitoba. To my way of thinking, this is being smart on crime.

We have to take the ideology out of the system. If the Conservatives were being smart on crime, they would look to Manitoba for the auto theft results. They would look to Sweden and western Europe for other types of results.

I encourage the Conservatives to scan the globe and find jurisdictions where certain programs work and try to adopt those, as opposed to looking at, from an ideological basis, the United States and basically adopting its system from the 1980s, from the Ronald Reagan days. Ronald Reagan built private prisons, making many private individuals rich and warehousing prisoners.

That would all be fine if there was some proof that it worked. However, at the end of the day, the incarceration rate in the United States exploded, which I believe is perhaps 700 plus people per 100,000 population. In Canada I think it is 170. I have not seen the statistics for a couple of days now, but I know I am reasonably close. In Sweden the stats are only 80 per 100,000. Those are stark differences between the three jurisdictions. Clearly, if the Conservatives believe, and I think they should, in best practices, they should seek out exactly those best practices.

On that basis, how can the Conservatives possibly conclude that following an American style system is the way to go when the results are exactly the opposite of what they are looking for? In fact, there is a situation in California in which the governor has been releasing people because the state cannot afford to house them. The prisons are overflowing. The crime rate is going up.

The country is not any safer because of it. In fact, the cost to house the prisoners, based on the stats I had the other day, range from anywhere between $50,000 per prisoner per year to $70,000. What do we get for that money? We get a criminal who becomes a better criminal in prison because it is a crime school as opposed to the conditional sentences, which we determine cost only $1,000 versus $50,000 to $70,000. The recurrence rate for reoffenders was almost half. Therefore, people who were on conditional sentences were reoffending at a rate of 11% I believe. People who actually went to prison were reoffending at a rate of 30%.

It does not take a genius to figure it out. If prisoners are supervised for $1,200 or $1,300, per prisoner, and they have only half the chance of reoffending versus spending $50,000 to $70,000 on them and having them reoffend at twice the rate, is really not that hard to figure out.

Clearly the Conservatives have to take another look at this rather than embark on a system that is designed to bump up their polling numbers for a future election. They poll all this information on crime and know what the public likes to hear. When their polling numbers go up 10 points in a certain area, they incorporate that into a bill and fire it before the House. That is why we see all these crime bills coming before the House.

We want to take a smart and a cost-effective approach to crime. If we are to incarcerate people, we want to make certain that there are programs in the prisons to rehabilitate the offenders. What did the government do? It cut the amount of money that it used to put into these programs.

I enjoyed listening to the member for Ajax—Pickering, both today and the other day. He was a little off course on the bill, but he made an excellent presentation as to where we were right now, where we should go and how we should get there. We should not be adopting these ideological George Bush, Ronald Reagan-type approaches similar to the ones that were being looked at in Ontario. They will simply follow the program from an ideological point of view. They will develop private prisons and simply warehouse people with no regard to rehabilitation, basically turning out more dangerous criminals into society to reoffend.

The NDP supports establishing the rights of victims to make statements at parole hearings. Having been in the insurance business for the past 30 years, I have numerous examples of dealing with people who have been victimized, who have had their houses broken into. Then when the thieves are caught, they make an attempt to find out the resolution of their case.

Twenty years ago they would not get very far. They would be rebuffed by police forces and told that it was none of their business, that they should collect their money from the insurance company and not worry about it. They did not recognize that the people were deeply affected the criminals who broke into their property and violated them.

Therefore, over time we have developed more programs and rights for victims. We now have counselling for victims. Increasingly, over successive governments, from the Howard Pawley government in Manitoba in the 1980s through to the Conservative government of Gary Filmon to the government of Gary Doer for the NDP, we have seen a gradual progression of more initiatives to support the rights of victims. We applaud that. We have worked hard for that. We continue to support the rights of victims. What we have do is make certain the victims are not damaged by the events that have occurred to them.

The NDP stands up for marginalized, vulnerable people and certainly for victims in our society. In fact, crime rates are the highest in a lot of the constituencies that the NDP represents. We as MPs, more than any other MPs in the House perhaps, in many cases deal on a first-hand basis with crime in our communities. We have to deal with our constituents who phone us, who come and see us, people whom we know in our community, who are afraid and who are victimized by crime in the community.

The offenders themselves need to hear from the victims. They need to know the impact of their crimes. That is all part of the restorative justice initiatives, which we support in a big way. Victims need to have their voices heard. Otherwise they become victimized for the second time.

The other day one of our members from Halifax related a situation that he had dealt with in his constituency. One of his constituents was victimized by a crime and it was a traumatic experience. It has been a long time coming but we are happy to see that society is getting to the point where victims are getting justice.

We also support the right of victims to access information about the offenders. As I had indicated before, 20 years ago, when people tried to find out the status of a break and entry to their homes, they were left in the dark. They were told to mind their own business, that the justice system would take care of the problem. The victims would be left wondering what happened to the thief who broke in to their homes, while all the time thinking that perhaps the person was out on the street, and maybe he or she was by that point. Maybe the individual was looking to reoffend. The victims must not be left in the dark. They should be able to get every piece of information they can.

Today people are telling me they are getting information relayed to them by the police forces and being kept up to date as to the disposition of their cases. They know the person who had done the break and enter was caught, went to trial on a certain date and the sentence he or she was given.

Whether it is jail time or community service, we know victims are interested in seeing the offender improve. The victim has no interest in seeing the offender go to jail and come out a better criminal. Victims want to know the offenders are being rehabilitated. That is why they would be very disappointed if they knew the government was not properly funding the programs to rehabilitate the prisoners.

We also know that if an offender is rehabilitated, it is a very important step on the victim's road to healing and recovery. As long as the victim feels comfortable that at least honest efforts have been made to rehabilitate the person, he or she will feel better and have a healthy attitude toward the system.

What this boils down to is confidence in the system. We need to have a system that not only works and that not only is smart on crime, we also need to have a system in which the public has confidence.

What will happen if the Conservatives bring in their brave new world of private prisons, of locking up people and not providing rehabilitation services to the people? At the end of the day, these criminals will keep coming out of prison and committing more crimes and then the Conservatives will need to build more prisons. At the end of 20 years, we basically have déjà vu as it relates to California. We will have people in prison, the crime rate will be soaring, we will not be any safer, we will not be any better off and we will be doing what California is doing. The state is bankrupt and it is doing wholesale releasing. It is releasing people from prison because it cannot afford the cost of keeping prisons running.

The bill flows from the road map for corrections, which was released in 2007. The road map flowed from the work of Canada review panel of Correctional Services. The chair of the panel was Robert Sampson who, by the way, was the minister of privatization under Mike Harris, and, as minister of corrections, he advocated for the privatization of Ontario's prison system. That really is like putting a fox in charge of a henhouse.

We would feel a little more relieved and happy over here if we could get those images of Mike Harris out of our minds once and for all. I hate to say that the process is tainted when the spectre of Mike Harris is brought into the equation but, unfortunately, that would be the case.

The road map does not engage in a careful evidence based review of Canada's correctional system. In fact, it cherry-picks statistics to give a distorted view of crime trends, it ignores the history of our prison system, it ignores the lessons that have been learned and it is designed to tell the government exactly what it wants to hear. That is a sad reflection and commentary on our system, and it is not peculiar to a Conservative government. It can happen in any government, whether it is a Liberal government or an NDP government. We see that happen so often with the civil service telling us what we want to hear. The private consultants we hire simply tailor their message back to us. After they find out what we want to hear, they come and tell us, for a big inflated price, what we want to here.

I want to point out that Correctional Service experts have challenged this road map. We do not really think this is a way to go.

I have one final point to make before we go to questions and answers. This is great politics from the Conservative point of view but I would point out some of the privileges the Conservatives are removing from the prisoners. They are removing mental health treatment, which we all say is vital for prisoners. They are removing literacy program and work programs. How does that in any way point to a positive development in our system?

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, as a former minister of justice and someone who has extensive experience in this area, I want to focus on the people whom we incarcerate.

The figures vary somewhat, but essentially some of the statistics say that as many as 30% of those incarcerated in our federal and provincial jails are suffering from mental illness. There is a disproportionate number of first nations youth, men and women who have experienced high levels of poverty, abuse, and the lack of educational opportunity. Some 80% of the women in federal and provincial jails have been the victims of sexual abuse.

In that light, in looking at this bill it is clear that there is very little that would help to rehabilitate these people. In fact, Bill C-43 creates a paper obligation for prisoners to participate in nonexistent rehabilitation programs.

I would like the member to comment on that.

[Serge Ménard, Bloc, Marc-Aurèle-Fortin, QC]

Mr. Speaker, the bill that has been submitted for the consideration of the House is a very important one. In it, I will start by saying, we find proposals that I completely agree with, but others on which we have some doubts. One thing is certain, it has to be examined in committee. If this bill had not been introduced, I think that would have been a serious failing on the part of the government.

Overall, Bill C-43 gives victims a voice, seeks to hold inmates more accountable and makes the parole system less automatic. These three points have been part of Bloc Québécois policy for a long time. We even developed and released an action plan in this regard over two years ago.

The Bloc Québécois believes that involving victims in the parole process will assist in their “healing” process and at the same time strengthen their confidence in the justice system as a whole. If it can restore the relationship between repentant offenders and victims of crime, I think we will have made very definite progress toward rehabilitation.

As well, promoting accountability, or instilling it in an offender, seems to us to be an important way of facilitating the offender’s reintegration into civil society. Without a feeling of accountability, how will they be able to hold a job or meet their obligations to their family, or honour their financial commitments, for instance to their landlord or public utilities companies?

While the Bloc is opposed to automatic prison sentences, minimum sentences or the elimination of alternative sentences, it is equally opposed to the principle of automatic release. In fact we have been calling for release to be based on merit for a long time.

I know, however, that criticism has been voiced, in particular in a report from the University of British Columbia. So we will make sure that the bill will in fact solve the problems it is intended to solve and not create new ones.

In a nutshell, that is why the Bloc Québécois supports Bill C-43 in principle. However, we have serious objections to make regarding some of the measures it contains.

On June 16, 2009, the Minister of Public Safety introduced Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code, in the House of Commons. The short title is the Strengthening Canada’s Corrections System Act.

Bill C-43 amends the Corrections and Conditional Release Act to achieve a number of objectives: first, to clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole board and the provincial parole boards in the determination of all cases.

I would note that the paramount objective of all of the reforms made in the past was the protection of society. We are all in agreement on that. However, we have to agree on what method to use. We believe that when rehabilitation of offenders is possible it must in fact be pursued, and that this is the best way to protect society.

The bill also establishes the right of a victim to make a statement at parole hearings, a principle with which we also agree, and permits the Correctional Service and the National Parole Board to disclose to a victim the name and location of the institution to which the offender is transferred, the reason for a transfer, information about the offender’s participation in programs and convictions for serious disciplinary offences, and the reason for a temporary absence or hearing waiver.

Personally, I believe that this is also a good measure for several reasons. If a certain empathy for the victims can be elicited from the offender and if the offender knows that his victims will be informed of his progress or failures while incarcerated, I think it can have an impact on the offender.

Quite often, offenders committed crimes because they did not see the victims. Of course, there are exceptional cases where the offender has absolutely no empathy for others. They are considered psychopaths. However, experience has shown that the majority of those incarcerated are social misfits. The fact that they come to realize that they victimized someone, that they have to do something in an attempt to make restitution for their actions, when possible, and that the victims on occasion see them or are informed of their progress, could have an impact on the rehabilitation of those so inclined.

The bill states:

(b) provide that a correctional plan is to include the level of intervention by the Service in respect of the offender’s needs and the objectives for the offender’s behaviour, their participation in programs and the meeting of their court-ordered obligations;

(c) expand the range of disciplinary offences to include intimidation, false claims and throwing a bodily substance;

At one time, this would consist of spitting. But now inmates who know they have HIV or AIDS have even tried to throw blood on guards. Of course, this is unacceptable and requires swift action. It does not, however, preclude the resumption of the rehabilitation process.

Other objectives include:

(f) provide consistency as to which offenders are excluded from accelerated parole review [I will come back to this];

(g) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and

(h) authorize a peace officer to arrest without warrant an offender for a breach of a condition of their conditional release.

We will discuss this further when we study the bill in detail. Thus far, it has been up to parole officers monitoring offenders in the community to issue warrants, which sometimes enables them, in the case of minor offences, to issue a severe warning rather than immediately interrupt parole.

Consider the fact that these things can happen in communities where there is a lot of crime. In many cases, offenders resent the police for monitoring them too closely. We heard that a lot in Saint-Michel over the past year. We are more aware of it. This also sounds like what we were hearing in the United States in high-crime areas where there are serious street gang problems and where communities have taken action against their activity. Excessive police intervention for minor infractions may not be the best way to foster an environment that preserves the public peace and conditions that deter the spread of crime.

The Corrections and Conditional Release Act provides the legal framework for the correctional system. It was enacted in 1992, replacing a previous act. In December 2007, the Correctional Service Canada Independent Review Panel released its final report containing recommendations for the government, but a University of British Columbia study questioned the committee's objectivity. The committee was ask to review the CSC's operational priorities, strategies and business plans. It produced 109 recommendations in five key areas that basically correspond to the objectives I discussed earlier.

The government officially followed up on the recommendations in the 2008 budget, by investing $478.8 million over five years to implement the new vision for the federal corrections system and some key recommendations made in the report.

I think that was money well spent. It is much better than increasing reliance upon incarceration, which is extremely expensive. That $478 million is worth five times as much—$2.5 billion—if it is put towards reducing crime.

The government committed to taking a new approach to the corrections system, making protecting society the main priority when it comes to the corrections system and conditional release.

Everyone is in favour of what is right, but we must understand that rehabilitating criminals is one of the best ways to protect society. If incarceration teaches criminals how to commit more crimes without being caught, or teaches them that the community is unfair, there will be no way to achieve those objectives. Members on both sides of this House must do more than give the benefit of the doubt; they must make it clear that, even if we have different opinions, we all want to reduce crime and protect society.

This bill includes reforms in four main areas: enhancing sharing of information with victims—we completely agree with this; enhancing offender responsibility and accountability—we agree with this as well, because taking responsibility is an important part of rehabilitation; strengthening the management of offenders and their reintegration—we must think about this, but we must see if this aspect is properly addressed by the bill before us; and, modernizing disciplinary actions—I believe these must be updated.

With respect to enhancing sharing of information with victims, the bill would clearly recognize the interests of victims of crime and the role they play in the correctional and conditional release process. Victims and victims’ advocates have voiced dissatisfaction with the current provisions and have called for enhancements.

Therefore, a victim’s right to attend National Parole Board hearings will be enshrined in law. I agree completely with this, and for reasons that the Conservatives did not even think of. It would be good for the person applying for parole to know that the victims will be present. It is good for that individual to know that he or she hurt someone. Unless that person is a psychopath who has absolutely no empathy for others, this recognition plays an important role in the rehabilitation process.

So the legislation will be amended to expand the information that may be disclosed to victims by CSC and the National Parole Board. This will include: providing information on the reasons for offender transfers with, whenever possible, advance notice of transfers to minimum security institutions; disclosing information on offender program participation and any convictions for serious disciplinary offences; sharing the reasons for a temporary absence from a correctional facility; and, providing guardians and caregivers of dependents of victims who are deceased, ill or otherwise incapacitated with the same information that victims themselves can receive.

When offenders withdraw their participation 14 days or less before a hearing date, the Board may proceed with a review and decisions of their case. Victims will also be able to request information on the reasons for a waiver of a parole hearing.

I think it is good that offenders will be notified that victims will know all of this. If offenders think this might have an influence on their NPB hearing, perhaps it will help them take a step in the right direction, to demonstrate that they have changed their behaviour and that they understand how their crimes affected their victims.

We must not think just about repression, but also about offender accountability. Our main objective in the correctional system, knowing that these people are going to be released, is to make reasonable efforts to get them to change their behaviour. The best way to protect public safety is to ensure that when offenders leave prison, they are rehabilitated and less likely to reoffend.

The other important measure is designed to increase offender accountability. This is the start of rehabilitation. The offender and the correctional services share responsibility for rehabilitating the offender and reintegrating him into society as a law-abiding citizen. The Corrections and Conditional Release Act will be amended to include the responsibilities of offenders, who will have more incentive to behave in a way that shows respect for people and property.

I will perhaps talk a bit later about section 38, which I myself wrote when I reformed the correctional system in Quebec. It is a very difficult thing to do if one is not a legislative drafter and cannot spend all one's time drafting laws. I found that out pretty quickly when I was a minister, and here as well. But I was determined to write section 38 of the Act respecting the Québec correctional system.

I would like to talk about Quebec's crime reduction model, whereby an offender can earn remission time by showing respect. I wanted section 38 to be posted in every cell. I can still remember the circumstances under which I wrote it. I was with my driver, who was a former prison guard, and I wanted that section to be written so that inmates would understand. What it said essentially was that inmates could be released before the end of their sentence by showing respect to prison staff and other inmates. The section also said that inmates could earn remission by participating in the rehabilitation program proposed for them and complying with prison rules.

The idea of respect is fundamental, and I am very glad that the government included it in this bill.

We could go on at length about this bill. In general, we agree with the objectives set out. We agree with the methods chosen in many areas. However, there are some we could talk about more when we examine the bill in committee. I hope that the government will understand that our proposals will be for the purpose of improving the bill and finding the best way to achieve what we all want and that is to protect society by rehabilitating offenders.