Bill C-39 (Historical)

Ending Early Release for Criminals and Increasing Offender Accountability Act

An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts

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) eliminate 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 consequential amendments to other Acts.

Ending Early Release for Criminals and Increasing Offender Accountability Act

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, I do not mean to diminish the effectiveness or benefit of crime prevention programs, but our government has consulted with victims groups and police officers and it is the priority of this government to put the rights of law-abiding citizens first.

The protection of society is the paramount principle of the corrections system. Enshrining victim participation and guaranteeing victims rights are our priorities. As I said, I do not mean to diminish the value and effect of crime prevention, but at the end of the day protection of society has to be the paramount principle, and Bill C-39 responds to that.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Madam Speaker, I take this opportunity to commend the member for Edmonton—St. Albert for the very fine work he does on the parliamentary justice committee, on which I have the privilege to work with him, representing his constituents and helping to keep the people of Canada safe.

Has the member consulted with his constituents on this bill and on other government legislation designed to protect victims and stand up for law-abiding citizens? Perhaps he could inform the House on what his constituents may have said in that regard.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, I would like to thank the member for Mississauga—Erindale for all the work he does as Parliamentary Secretary to the Minister of Justice.

It will come as no surprise to members of the House or to that member that in Edmonton I am known as a bit of a justice hawk. Frequently in my householders and occasional 10 percenters I talk about justice issues and the work that this government is doing and the work that I am doing on the justice and public safety committees.

I have consulted widely with my constituents with respect to the corrections system and offender accountability and more broadly with the government's safe streets and safe communities agenda, which puts the protection of society paramount and puts the protection of victims and victims rights at the forefront of the criminal justice system.

I can tell the member and all members of this House without equivocation that my constituents unequivocally support this legislation.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, the five points that my hon. colleague talked about relate to increased offender accountability, eliminating drugs from prisons, making parole and statutory release harder to get, and renewing physical infrastructure, which is a fancy way of saying building more prisons. All of these represent a philosophy of putting more people in jail for longer and making it more difficult for offenders to get access to rehabilitation, but instead, trying to punish them into good behaviour.

I wonder if my colleague could name any jurisdictions that he is aware of, or any places that the government has studied, where these policies have been put in place and there has been a determined reduction in the crime rate, where communities were safer as a result of these policies. I wonder if he could name two different jurisdictions where that has occurred.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, I would like to thank the member for Vancouver Kingsway for the work that he does as his party's public safety critic and for the work that he does on the public safety committee.

My colleague is right. This bill represents a different philosophy from the philosophy of his party, and I would suggest, a different philosophy from most members on that side of the House. Where they are focused on the rights of the offender, the members of this government, and certainly myself, are preoccupied with the right of society to be protected from violent offenders, to be protected from fraudsters, to protect victims and give them a meaningful right in the process, and to promote safe streets and safe communities.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Madam Speaker, we know crime actually costs the Canadian economy more than $70 billion a year. The last statistics we have indicate that 67% of that is borne by the victims of crime. Auto theft costs the Canadian economy $1 billion a year.

I wonder if the hon. member would agree that one of the primary functions of government is to protect its people and that it is about time we stopped shifting the blame to the victims and started taking responsibility as a government.

I wonder if he would have some insight as to why the opposition would not support making the rights of victims a priority in all of our criminal justice legislation.

I wonder if there are any other bills that he might want to talk about that could give Canadians confidence that their justice system is finally being reformed to put the rights of victims ahead of criminals.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, it is unfortunate that I only have one minute to respond, because the member invited me to talk about all of the bills that our government has promoted to promote safe streets and safe communities, but I will talk about at least one.

The hon. member will no doubt recall Bill C-25, which is now law and which ended two for one credit for individuals on remand while awaiting trial. The member no doubt would agree with me that led to all sorts of perversions with respect to accused individuals delaying their pretrial process and therefore taking credit for the very generous two for one and sometimes three for one credit.

This government, as does that member and as do I, believes in the protection of society. Society benefits from legislation such as Bill C-25 and Bill C-39, which puts the rights of victims at the forefront and makes the protection of society the permanent goal.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Madam Speaker, I am pleased to rise today to speak to Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts.

The bill is a combination of Bill C-43 and Bill C-53, which were presented in the last session and are back before us today as a result of the Prime Minister's decision to prorogue Parliament last year.

This proposed legislation seeks to end early release for criminals and increase offender accountability. We are hopeful, on this side of the House, that the legislation before us today can be improved in moving forward to the committee process. I would like to think that all of us have the same objective of ensuring justice initiatives contribute to making our communities and our streets safer places for all Canadians.

There is no doubt that in this House we do differ greatly in the type of approach that would achieve best results. The current Conservative government's approach to justice matters centres on spending $10 billion on prisons in the coming years. I am not convinced that investments in prisons, without resources for crime prevention, would achieve the goal of decreasing crime in our communities.

Statistics Canada tells us the crime rate fell 3% in Canada last year and is down 17% in the past decade. This includes a decrease in violent crimes and homicides. Rather than continuing on a course that is arguably achieving the desired results, the current Conservative government made dramatic cuts, an incredible 70% funding reduction, to crime prevention programs and also reduced funding for victims' programs by 43%. Now, after recording the largest deficit in Canadian history, in excess of $55 billion, the government is forging ahead to build republican-style super prisons, to the tune of anywhere from $10 billion to $13 billion.

While the Conservative government continues to push what it refers to as a tough on crime agenda, it neglects the instruments of government that have proven to be most effective in preventing crime. No one objects to offenders who have committed serious or heinous crimes being sentenced appropriately. However, by focusing solely on imprisonment, which carries a huge price tag and offers only short-term solutions, the Conservative government is failing to address the root causes of crime.

Governments are defined by the choices they make. The Conservatives are choosing to spend $10 billion on new super jails on the notion that this would make Canadians feel safe. This is a plan that would implement failed republican policies from the United States.

Conservative budget projections show a plan to double prison spending, by 2013, over 2006 levels. This represents an increase of well over 200%, while at the same time, funding for crime prevention programs has been cut by more than half.

Whatever happened to the premise of an ounce of prevention is worth a pound of cure?

In 2005, the last year of a Liberal government, the National Crime Prevention Centre supported 509 projects in 261 communities throughout the country, for a total investment of $56.8 million. In this current year, with a Conservative government, there are 285 projects, down from 509, funded with $19.27 million. That is less than half the number of projects, with only one third of the money being spent.

These are the wrong choices if the goal is to reduce crime and keep Canadians safe, and these are the wrong choices to prevent crime from occurring in the first place.

The crime agenda should be balanced. We need to be tough on crime, but we also need to be unwavering in our commitments to rehabilitation and crime prevention. We cannot forget that less crime is the objective and we certainly cannot ignore the costs associated with the government's justice agenda.

Parts of the legislation before us evolved from the Conservatives' 2007 report entitled, “A Roadmap to Strengthening Public Safety”. The report called for a new direction to Canada's corrections. Expert opinion has suggested the so-called road map was significantly flawed in terms of human rights and human dignity and that it in fact threatened public safety, and also that it came at a tremendous cost to the taxpayer.

Instead of learning from the mistakes made in California, the Conservative government would have Canada head down the same path and make the same mistakes, the path that led to a staggering debt and did not improve community safety.

If the Conservatives' plan to build super jails and incarcerate more people by passing laws that prescribe minimum sentencing was a key to a safer community, the United States would be the safest place in the world. California has implemented the very crime policies that the Conservative government is now proposing. The State of California is on the brink of bankruptcy. Its current prison system costs $8 billion annually and is overflowing with more than 160,000 inmates.

An article in The New York Times, in March of this year, referring to the California prison crisis, says that California spends about 11% of the state budget, or roughly $8 billion, on the penal system, that there are 167,000 prisoners in California, and that new reforms are under way with the goal of reducing the prison population by 6,500 by next year.

If the Republicans have learned from their mistakes, it is only right that the Conservatives should also look to what is happening there and go down a similar path. California has incarceration rates 700% higher than in Canada. In 2008, Canada had the lowest crime rate reported in the last 25 years, so it is no wonder I am perplexed as to why the government would be so determined to proceed down a path that has proven itself to be ineffective.

Bill C-39 attempts to clarify that the protection of society is a 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. While public safety has long been a primary consideration, it appears that the government felt it necessary to elevate it to the status of paramount. I look forward to hearing more from the government as to the necessity of the change in wording.

One aspect of the bill that is appropriate is a provision that enables a victim to make a statement at a parole hearing. Every opportunity must be available to provide for the victims' voices to be heard. Bill C-39 strengthens the victim's access to information with provisions enabling the victim to access information on the reasons for a temporary absence and an offender transfer, offender program participation, and any offender convictions for serious disciplinary offences. Bill C-39 also legislates the victim's right to attend and participate in parole hearings. In this way, this legislation is a start in moving victims' rights in Canada forward, and for that I am appreciative.

While the government would applaud itself for its efforts on behalf of victims, it also begs the question as to why the government chose to reduce the grant for victims of crime initiatives by a staggering 46% in the 2010 budget and cut the contributions to the victims of crime initiative by 34%. Although the Conservative government professes concern for the rights of victims, we have not seen those words translate into meaningful resources to support victims of crime.

The Liberal public safety critic has highlighted concerns about the correctional plans component of Bill C-39. The proposed bill provides that a correctional plan is to include the level of intervention by the service in respect to the offender's needs and the objectives for the offender's behaviour, his or her participation in programs and the meeting of the court-ordered obligations. In theory, it seems logical that the rehabilitation of an offender would follow a clear path. However, there is little merit in imposing the requirement for a plan without any sort of resources to support the development and execution of that plan.

Other aspects of the bill before us today include the expansion of the range of disciplinary offences to include intimidation, false claims and throwing a bodily substance.

As well, there is a section that would eliminate accelerated parole review for non-violent offenders. This is another area where the House will need to evaluate the cost of incarceration and the most suitable way for the offender to serve the sentence.

The last provision of the bill provides a peace officer with the authority to arrest without warrant an offender for a breach of a condition of the offender's conditional release. Again, this is another area where I look forward to hearing from the committee as to the possible issues that may arise from such a provision.

The true cost of the Conservative government's justice and corrections agenda remains a guessing game. Canadians deserve to know the price tag. The government's justice agenda is certain to cost well into the billions at both the federal and provincial levels and puts on all provinces a responsibility they just cannot afford just to satisfy the Conservatives' agenda.

It is challenging to stand in the House and support at second reading a piece of legislation while I have significant concerns about the costs associated with it. That is part of the bigger picture that we are facing today.

I look forward to seeing this bill back in the House following the committee's review, in anticipation that necessary amendments will be made to improve Bill C-39.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Madam Speaker, I cannot help but scratch my head at the lack of understanding by the hon. member across that crime costs Canadian families in excess of $70 billion a year. That is a figure which is borne by the victims of crime predominantly. Victims across Canada are bearing 67% of the costs of crime.

The member talked about decreasing crime rates. The crime rates are decreasing because of the hard work of this government, the justice minister and this party to put a focus on crime. In my community, despite the extra resources we recently had a warning in the small town of Stouffville that property crimes are on the increase. People are breaking and entering into homes at night and there are car thefts.

There is a very real concern among Canadians that we get the job done once and for all. We have tried the failed practices of previous Liberal governments for generations and they did not tackle the problem.

Would the member not agree with me that we need to focus on protecting society? Would she not agree that we need to refocus and balance the justice system so that it puts the rights of victims ahead of those of criminals? Would she not agree that we need to focus on turning the criminal justice deficit into a society surplus by once and for all dealing with the issues of crime and keeping the people who commit crime off the streets?

The member talked about sending the bill to committee. We all know what happens when a bill from this side of the House goes into a committee dominated by the opposition coalition. The opposition members talk tough in the House, but when they get to committee and the cameras are turned off, they turn legislation over and restore the focus back on the criminals and not on the victims of crime. There is a complete focus on trying to rehabilitate people who have committed crime after crime.

For once it would be refreshing to stand in the House and to have members focus on the people who matter, the victims of crime, and to turn that $70 billion deficit into a surplus once and for all.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Madam Speaker, I take exception to some of the commentary by the member.

Clearly we are concerned about victims. If the Conservatives are concerned about victims as they claim to be, why in the name of heaven would they have made such dramatic cuts, a 70% funding reduction to crime prevention programs, and another 43% for victims programs.

If their emphasis is on helping the victims and doing whatever they can to ensure victims are their first priority, then how can the member possibly stand there and not speak to the fact that the Conservatives have made such significant cuts in funding for the programs that are there for the victims?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Madam Speaker, I enjoyed the member's speech.

We are obviously hearing the PMO's talking notes. They are given out to Conservative MPs. That is what they get in the morning, a document stating what they have to think and what they have to say. The line is basically that anybody raising questions about another Conservative botched bill should be criticized because somehow the person is choosing criminals over victims. We know that is absolute balderdash.

What we have is a government that is actually doing everything it can to create more victims by cutting the crime prevention programs that stop crimes from being committed in the first place. There have been cuts of two-thirds to 70% in crime prevention and cuts in psychiatric care. Those who commit crimes need to get those mental health supports so they will not commit other crimes.

In case after case we see the Conservative government, in some weird, bizarre, inappropriate way, trying to cut away the programs that protect the Canadian public. I will not even start on what the Conservatives have done with their attacks against Canadian police forces and police officers, and their cutbacks in basic supports such as forensic labs.

It is absolutely appalling what the government has done. What the government offers is to build more prisons after the fact, but what it is really trying to do is to create more victims. I guess in some bizarre, inappropriate way it is trying to profit politically from that.

How inappropriate does the member feel it is to have the government slash crime prevention programs, just cut and rip them apart, so that there are fewer programs to protect the Canadian public? As a result, of course, there are more victims.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Madam Speaker, the member is absolutely right. It is absurd that the government is speaking out of both sides of its mouth. On the one hand it is saying that we really need to take care of the victims and put the victims' rights first, but at the same time the government is cutting programs that are designed to help the victims. It does not make sense.

The government stands and says it has a tough on crime agenda, but from what I have observed and from its actions, it is not the least bit interested in making sure that in being tough on crime it is recognizing that it is the victim who is the person hurt by what is going on.

The government is not at all interested in addressing the root causes of crime. We have said time and time again that we need to talk about prevention. Maybe it is because all the programs have been cut and the government has started to do away with any kind of program that would look at preventing crime that we are seeing more and more victims.

It is time for the government to focus on the victim. It is time for the government to acknowledge that it has made a mistake, that it should never have cut those programs. It should bring them back. Let us look at this piece of legislation and recognize once and for all what is wrong with it and what is wrong with the government's tough on crime agenda.

[LaVar Payne, Conservative, Medicine Hat, AB]

Madam Speaker, I was quite interested in the so-called support of the Liberal Party and the NDP in terms of their outrage against crime. We all know they say that here in the House, but when they get to committee, it is a totally different story.

We are the only party that does support the victims, safe streets, safe communities and a safe country. Our party has put forward legislation which in fact will help victims and all Canadians.

I would like to ask the hon. member, where did she find this 70% reduction in funding for the protection of victims? Where are those numbers? How did she arrive at those numbers? Can she give us an actual number and where it comes from?

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Madam Speaker, as I said in my remarks earlier, Statistics Canada is telling us that the crime rate fell 3% in Canada last year and is down 70% in the past decade.

[An hon. member]

Where was it 20 years ago?