Strengthening Canada's Corrections System Act

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

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Peter Van Loan  Conservative

Status

In committee (House), as of Oct. 29, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Strengthening Canada's Corrections System ActGovernment Orders

October 29th, 2009 / 12:25 p.m.
See context

Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, this is an important bill. It is important for all Canadians and, certainly, it is important for my riding of Oxford in southwestern Ontario.

I do rise to speak in support of Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code. With this bill, the government is proposing several fundamental reforms to corrections and conditional release to ensure our streets and communities remain safe for everyone. That should be the goal for all of us in this House.

The proposed reforms would make the protection of society the paramount principle of corrections and conditional release. They would modernize disciplinary sanctions and increase the responsibility and accountability of offenders for their own actions. At the same time, the reforms would provide victims with access to the kind of information they demand and deserve.

These amendments did not appear out of thin air. Indeed, they build on and reinforce work already underway to strengthen corrections and conditional release. It, therefore, might be useful to understand the context for these amendments and how they are intended to continue the transformation of corrections.

Since coming to office, the government has been committed to ensuring the corrections system achieves two interrelated goals: enabling offenders to get the help they need to rejoin society as law-abiding citizens, and that is an important goal, and ensuring that Canadians feel safe in their own homes and communities.

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

The panel made 109 recommendations under five themes: offender accountability, eliminating drugs from prison, physical infrastructure, employability and employment, as well as eliminating statutory release and moving to earned parole. Its recommendations specifically address the concerns of victims as well as the needs of offenders with mental health problems.

In budget 2008, the government committed $478 million over five years to implement many of the panel's recommendations. We have made tremendous progress in key areas. I will highlight two in particular, drugs and mental health illnesses.

The panel stressed the need to work harder to eliminate drugs from prisons. Our government responded by announcing a new anti-drug strategy last August to help eliminate drugs in federal prisons. This strategy is allowing Correctional Service Canada to significantly expand the drug detector dog program at all federal prisons, increase security intelligence capacity in institutions and their surrounding communities, and purchase security equipment for maximum and medium security federal prisons while also enhancing perimeter security around institutions.

As well, the government is taking action to tackle a problem that significantly contributes to the use of drugs: the presence of gangs in our prisons.

The panel also pointed out the need to address mental health illnesses, which have increased by 71% since 1997 among the offender population. Indeed, nearly 26% of female offenders and 12% of male offenders are suffering from a serious mental illness when they enter the correctional system. That is when they enter the correctional system, and that is an important part of this whole issue that we need to understand. Clearly, sound mental health is a vital issue for the successful transition of offenders to the community.

Through the community mental health initiative, the government has already been working hard to ensure offenders under community supervision can get the help they need. For example, more than 900 community staff have been trained in mental health issues, and Correctional Service Canada has embarked on a pilot project to provide specialized mental health treatment for women offenders in the community.

However, there is more work to be done to combat the use of drugs in our prisons and to address mental health illnesses. That is why the government plans to continue improving tools and techniques to detect drugs. The bill specifically addresses the need to expand mental health programs and services in institutions and communities to help ensure a successful transition for offenders and to keep our communities safe.

The independent panel also stressed that rehabilitation is a shared responsibility between the corrections system and the offender.

To heighten offender accountability, the bill would ensure a correctional plan is completed for each offender that sets out objectives for behaviour, participation and the meeting of court ordered obligations. It would introduce new incentives to help promote offenders' participation in their correctional plans.

The bill before us today would also 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. It would also require offenders to respect both other people and property.

What is more, the bill would reinforce the requirement for offenders to obey all penitentiary rules and conditions governing their release. If offenders do not follow rules upon their release, the bill would allow police officers to take action. For example, the police could arrest without warrant any offender who appears to be in violation of parole. These are the kinds of changes that both police and victims groups have been demanding, and we are proud to respond.

I want to dwell on the rights of victims because they are the group that has been too often overlooked.

The bill would enable victims to get information on the reasons for an offender's temporary absence or transfer. Victims would also be able to learn about the participation of an offender in program activities and about any convictions for serious disciplinary offences. In addition, the bill would enable a victim to make statements at National Parole Board hearings.

In the same vein, I want to point out that the government is creating a national victims of crime advisory committee. This committee would bring a victim's perspective to corrections issues. For example, it would keep the government abreast of emerging issues related to victims and it would ensure that victims' concerns are considered in research, laws and policy related to crime.

The government is committed to transforming our corrections system. We have already taken major steps to address the recommendations of the independent panel, and the bill before this House continues that vital work.

I urge all members of the House to give their unconditional support for this bill for the sake of offenders who must take more responsibility for a successful transition to the community, for the sake of crime victims who deserve a greater voice in the corrections system, for the sake of corrections officers who have a right to work in a safe environment and for the sake of all Canadians who deserve to feel safe in their homes and communities.

Strengthening Canada's Corrections System ActGovernment Orders

October 29th, 2009 / 12:25 p.m.
See context

Conservative

Josée Verner Conservative Louis-Saint-Laurent, QC

moved 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 HouseOral Questions

October 22nd, 2009 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will proceed in the same order in which my colleague presented his questions.

We will continue today with our government's justice program because this is a justice week. We will be starting with our latest edition, Bill C-52, the retribution on behalf of victims of white collar crime bill.

That bill will be followed by Bill C-42,, the conditional sentencing legislation; Bill C-46, the investigative powers legislation; Bill C-47, the technical assistance for law enforcement legislation; Bill C-43, legislation to strengthen Canada's corrections system; Bill C-31, modernizing criminal procedure legislation; and Bill C-19, the anti-terrorism act.

All of these bills are still at second reading, but members can see from the long list that we do have many pieces of legislation to debate and hopefully move through the legislative process.

We will continue with these law and order bills tomorrow and next week when we return from the weekend. As is the normal practice, we will give consideration to any bills that are reported back from committee as well.

On the issue of an allotted day, Wednesday, October 28 shall be the next allotted day.

We will then resume consideration of the government's judges legislation on Thursday following that opposition day.

As my hon. colleague from across the way mentioned, speaking of our justice agenda, I should add that I was extremely pleased to see that despite the Liberals' best efforts to try to gut the bill, it was passed in the other place. For those who are not aware, there were 30 Liberal senators in the other place at the time when they were voting on those amendments. All of them voted for the amendments that would have gutted that legislation. Fortunately, the Conservatives in the other place were sufficient in number to defeat those amendments and actually pass Bill C-25, the truth in sentencing legislation. It actually received royal assent earlier today.

I would like to thank my hon. colleagues, the Conservative senators, for all the good work they did in pushing that bill forward and for all the good work they are doing in pushing forward other legislation.

The House dealt with Bill S-4, the legislation to crack down on identity theft. It was passed and received royal assent as well today.

Bill C-311--Climate Change Accountability ActRoutine Proceedings

October 8th, 2009 / 11:55 a.m.
See context

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I rise on a point of order. I would like to comment on the remarks of the member for Skeena—Bulkley Valley regarding the admissibility of the motion under debate today.

The difference between the motion the member referred to and this current motion is that the motion regarding Bill C-43 did not have language that would deem the bill reported back without amendment in the event the committee ignored the instruction. The motion regarding Bill C-43 was permissive in that the committee could ignore the instruction without consequence.

The motion we are debating today would make something happen, essentially time allocation, in the event the committee did not take action. That is very different from the example given by the member for Skeena—Bulkley Valley.

Strengthening Canada's Corrections System ActRoutine Proceedings

June 16th, 2009 / 10 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeMinister of Public Safety

moved for leave to introduce Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code.

(Motions deemed adopted, bill read the first time and printed)