Abolition of Early Parole Act

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now 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 eliminate accelerated parole review and makes consequential amendments to other Acts.

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.

Votes

Feb. 16, 2011 Passed That the Bill be now read a third time and do pass.
Feb. 15, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:10 a.m.
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Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:10 a.m.
See context

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Madam Speaker, it is a pleasure to speak to this motion, just another in a series of extraordinary justice legislation that has been brought forward by this government to restore balance to our justice system. I am pleased to rise today on behalf of the good people of Oak Ridges—Markham.

I want to take a moment to commend the hon. members who have already demonstrated their support for Bill C-59 and are ensuring that these important changes receive quick passage into law. Those hon. members are showing their commitment to ensuring the safety and security of our communities.

All offenders must be held accountable for the crimes they commit. Bill C-59 is all about accountability, about offenders serving appropriate sentences for the crimes committed. That is what we call justice.

Bill C-59 would ensure that all offenders will be treated equally, regardless of the nature of the crime they commit, when it comes to eligibility for parole. Currently, there is a distinction made between crimes committed with or without violence. Parole, in cases of non-violent crime, is presumptive, meaning that the Parole Board of Canada must automatically release the offender into the community under supervision unless it has reasonable grounds to believe that the offender will commit a violent offence if released.

That does not seem fair to me. Fraud and white-collar crimes must not have been committed with violence but the victims are harmed nonetheless. Lives are ruined, entire life savings are lost and the physical, psychological and emotional harm resulting from these crimes can be equally as devastating.

Can we honestly say that justice has been served when an offender who has received a sentence befitting the crime walks out of jail well before the sentence has been served? In essence, many victims are essentially re-victimized by the relatively short amount of time that offenders spend behind bars for their crimes.

Canadians have spoken loud and clear. They are outraged that the rights of offenders seem to be put ahead of the rights of law-abiding citizens. Our government is listening and we are taking the necessary action to crack down on crime and stand up for those who have been victimized. We are ensuring that victims' voices are heard and that their concerns are being addressed. Bill C-59 is just one step in that direction.

Our government has already introduced several initiatives that demonstrate our commitment to victims' rights. The federal victims strategy was introduced in 2006 to improve the experience of victims of crime in the criminal justice system. Since its creation, the government has committed over $50 million to this strategy. We created the Office of the Federal Ombudsman for Victims of Crime in 2007 to ensure that the federal government meets its responsibility to victims of crime.

Under our leadership, the truth in sentencing law was passed, which eliminates the two-for-one credit that offenders receive for time served in custody prior to sentencing. We have gotten tough on organized crime, including drug crime, with stiffer sentences and we have passed the Tackling Violent Crime Act, which better protects Canadians from those who commit serious and violent crimes.

In addition, we are facilitating access to EI benefits for family members of victims of crime and the right to unpaid leave for workers in federally regulated industries. The victim surcharge is also being made mandatory to provide better financial support to victim services.

There are several more examples I could give that demonstrate that this government is making victims' rights a priority, but now I want to turn to the accelerated parole review challenges, the very rights that we are working so hard to uphold. By allowing accelerated parole review to continue operating in the justice process, we are, in essence, undermining the rights of victims and trivializing the suffering that they may have suffered at the hands of their offenders.

The current system of accelerated parole review grants parole to offenders convicted of non-violent offences after serving only one-sixth of the sentence and full parole after serving just one-third. This means that a white-collar criminal who has received a sentence of 12 years would actually spend very little time in jail. With accelerated parole review, these offenders can be back in our communities on day parole in just two years and be on full parole in just four years.

The current system requires that the Correctional Service of Canada refers the case of offenders eligible for APR to the parole board. This is done before the offender's day parole eligibility date so that they can be released into the community as early as possible. Parole hearings are not held in these cases, as there is no requirement for the parole board to hold a hearing to determine whether offenders eligible for APR may be released on day parole and full parole.

I, like most Canadians, would expect that the decisions around parole for white collar criminals would entail more than a simple paper exercise. It does not work that way for violent offenders, so it should not work that way for fraudsters either. They should not simply be let out on day parole after serving one-sixth of their sentence, as they essentially now often are.

Other offenders must convince the parole board that they will comply with the law and the conditions of their release. These offenders must make their case at an actual hearing. Unfortunately, as it now stands, white collar offenders do not actually have to explain to anyone why they should be granted parole. They only have to go through a paper review with the parole board.

Compounding the problem, the parole board has no choice but to grant parole to an offender who is entitled to APR, except in those instances where the parole board believes the offender may commit a violent offence before the sentence is up.

This situation is unlike the one facing other offenders and, thankfully, Bill C-59 will put a stop to it.

Let us think about the current scenario again because it offends both me and many of my hon. colleagues in the House. Under the present law, only the prospect of an offender committing a violent offence will prevent that criminal from receiving automatic parole.

Those fraudsters, the ones who may have duped many and literally destroyed lives, will not be denied parole and will only serve a fraction of their time behind bars. Without grounds to believe a violent offence will be committed, the Parole Board of Canada simply has no other choice but to grant parole.

The special treatment afforded to these offenders has to end. All other offenders are subject to a very different standard, one that instills, rather than undermines, confidence in our justice system. Right now, for all other offences, the parole board has set criteria to guide its approach in deciding whether they grant or deny parole.

In these cases the parole board will assess whether an offender poses an insurmountable level of risk to commit any type of an offence if released. If that risk exists for any type of offence, parole is denied.

Let us not miss the importance of that principle; it is one that warrants repeating. With the troubling exception of white collar offenders, all other offenders are not granted parole if the parole board is convinced that any type of offence will be committed once a person is released, whether violent or not.

There are no justifiable grounds for the existing exception for white collar criminals. These are the offenders who have bilked many, washing out entire savings and crippling lives in the most extreme cases. These offenders must no longer enjoy the different standard they face under the current law. The scales of justice seem unfairly tilted in their favour.

This government has made it quite clear that it will not put the rights of any offender ahead of the rights of others. We will stay committed and remind ourselves of a few clear cases where these white collar criminals have benefited from the current APR system. These are cases that make us all question whether justice is being served.

The parole board simply does not have the discretion is so sorely needs in these cases. Bill C-59 would bring about that change, which is why I stand here in the House and turn to my hon. colleagues and ask them to ensure timely passage of this bill.

I for one feel compelled to see the changes proposed in Bill C-59 put into place so that we put victims first. In my riding of Oak Ridges—Markham, we have certainly not been immune from the scourge of white collar crime. Indeed, not long ago a fraudster was at work within my community. After being convicted of her crime, she spent very little in jail and was released back into the community and was quickly found to be in violation of her parole. The police had to track her down and put her back in jail.

I know this person's victims. They are from my small home town of Stouffville. I see the stress they have faced. As this continued to be in the local papers, I watched the person who committed these acts flaunting our current system. It is absolutely positively unacceptable that we have a current justice system that would allow people who commit this type of crime to walk our streets after serving only one-sixth of their sentence.

However, this speaks to the many different things that this government has done.

Of course, when we came into office in 2006, we found a criminal justice system that was tilted not toward the victims but more toward the perpetrators of these crimes. Since then we have been rebalancing our justice system. The Minister of Justice, the Minister of Public Safety and this government have focused on restoring balance to the justice system so that the victims of these crimes can feel that the government is truly working on their behalf to give them a system of justice they can be proud of and so that Canadians can understand that the government will always stand for them and the rights of victims before those of criminals.

There are so many different programs and justice bills that we have brought forward. We have Bill S-10, An Act to amend the Controlled Drugs and Substances Act, Bill C-4, An Act to amend the Youth Criminal Justice Act and Bill C-39. As I said, it is part of this government's focus to restore people's confidence in their justice system.

However, when we talk about Bill C-59, it is sometimes forgotten that it deals with incredibly serious crimes. There are fraudsters out in the communities who are seeking vulnerable people in a lot of instances and taking advantage of them and their life savings, the things they have worked so hard for their entire lives. Yet there are fraudsters out there who are doing this and who have no shame. Then the victims are victimized again when a court pronounces a sentence and then the person is released back into the community after serving only one-sixth of their sentence. That is clearly unacceptable to the people I represent in Oak Ridges—Markham. That should be unacceptable to every single member of this House.

It is unconscionable that we have had delays in getting this bill passed and have been spending so much time at committee on what should be a common sense bill. The people from my riding have been calling me and asking why it is taking us so long to deal with this. They do not want to hear about delays. They do not want to hear about the stalling tactics the opposition have been using to try to thwart the bill being passed. They want us to get it done and get it passed so that people will pay the price for the crimes they have committed. They do not want us to make a distinction that would have us treating the criminals better than the victims. They do not want to be re-victimized. They want to know that this government and the Parliament of Canada will stand up for victims' rights ahead of criminals. That is what this bill does; that is what all of the legislation we have brought forward does.

It is interesting that before the government operations committee, we had the head of the Correctional Service of Canada. He was asked if he had the resources required to keep convicted criminals in jail longer so that they could serve the sentences they had been given by the people of Canada. He of course said that he could continue to provide one of the best criminal justice systems in the world, a system that has been looked at by other nations as an example. He talked about the savings that he has been able to find within the correctional service by computerizing scheduling and finding other efficiencies so that he could put that money into keeping offenders in jail longer.

Therefore, I am pleased to support this. I hope that all of my opposition colleagues will join with the government in passing this bill so that the Canadian people can feel confident that the government, and Parliament and the people they elect are putting them first.

When I was asked to speak on this bill, the first thing that came to mind was the individuals in Stouffville who were victimized by this unscrupulous person who took them for thousands of dollars and was later found back on the streets with the exact same group she had used to abuse these people and take their money.

People call me and talk to me and send emails asking how this can be allowed to happen in Canada. How can we allow these victims to go through this time and time again? Why should their names be in the paper again? Why should they be re-victimized? Why can members not get their act together and pass this bill?

Canadians, the people in my riding of Oak Ridges—Markham, find it completely unacceptable that this bill has been stalled and delayed. They have sent me a very clear message to get the bill passed, get it through Parliament and start focusing on all the other crime legislation that has been brought forward in this House to restore balance to our criminal justice system. I am proud that I can do that, and I will be working with colleagues, at least on this side of the House, to make sure that all of those criminal justice issues are brought forward.

The delays to this particular piece of legislation and all of the legislation that we have been trying to get through this House speak to the sad reality of some individuals on the opposition benches who think more of their entitlements than they do of the people of Canada. If we were truly putting the Canadian people first, we would have passed this bill. We would not have spent a full day debating and talking about how we could delay this bill. It would have gone through committee.

In the government operations and estimates committee last week, we had an opposition witness who was talking about some of the crime legislation we had brought forward. It is something that stuck in my head as the father of two beautiful girls. The opposition was very happy with the group of witnesses before the committee. These witnesses did not support this government's agenda to keep violent criminals in jail. They did not support this government's agenda to keep white collar criminals in jail. They did not support our agenda to rebalance the Young Offenders Act. The opposition thought they had a great witness who would counter all of the arguments for keeping violent criminals in jail, but when the member for Peace River asked the witness whom the opposition had been so happy to bring forward, “Do you believe that people who rape children should be put into prison?“, that witness said, “Not necessarily.”

I know that members, at least on this side of the House, had to take a step back and make sure that the person truly understood the question. The member for Peace River asked again to make sure the witness has understood the question. The answer came back the same: “Not necessarily”.

Imagine having to go back to a riding and trying to explain that there are people in this House who support groups and organizations that do not feel that somebody who rapes or victimizes a child should necessarily go to jail. I can say that as a father of two, I found that completely unbelievable. I still find it unbelievable. It was testimony from a witness brought forward by the Liberal Party of Canada. It was jammed through committee in such a quick rush; they had to have this witness in front of the committee and now I know why.

When it comes to standing up for victims of crime, we can never rely on the Liberals to stand up for the victims. They will always find a way to stand up for the criminals, whether it be the member for Ajax—Pickering or others who tour our prisons and talk about how upset they are that the criminals are so demoralized in prison because they have a government that is getting tough on crime.

I can assure the residents of Oak Ridges—Markham that they have a member of Parliament who will always stand up for them. They have a member of Parliament who will always stand up for the victims of crime. I implore the opposition to once and for all vote the way their constituents are asking them to vote. Get tough on crime and do the right thing for victims.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:30 a.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Madam Speaker, I am deeply disappointed by the member's comments. The idea that there would be a person in the House who feels that somebody who rapes a child should not go to jail is offensive. The assertion that anybody in the House would support that idea is offensive. It does a great disservice to this debate. It is particularly dishonest when we are talking about a bill that deals with first-time non-violent offenders. It is mind-boggling that the member would talk about whether people in the House support rape victims when we are dealing with a bill concerning first-time non-violent offenders.

On the bill that we are actually dealing with, fearmongering and hyperbole aside, I wonder if the member could provide three very simple answers.

One, what is the cost of this bill? We have been asking again and again and we have yet to get that answer.

Two, every jurisdiction that has tried longer periods of incarceration for first-time non-violent offenders has found that it has led to more recidivism. In case the member does not know what I mean by that, that means more crime, more victims, more victimization. It has been highly unsuccessful. I wonder what statistics he has and what he could provide in terms of rehabilitation.

Three, the Liberal Party, some two years ago in justice committee, presented amendments that would end the practice of accelerated parole for individuals who commit large-scale fraud. We have been pushing for that for years and yet the government has not acted. Now the government is trying to eliminate it all. Why?

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:30 a.m.
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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Madam Speaker, the question actually speaks to the arrogance of the member and the Liberal Party.

The member is trying to separate victims. Is a victim of a violent crime any worse off than somebody who has been defrauded in some way, who has had millions of dollars or thousands of dollars taken from him or her? The Liberals are trying to make different classes of victims.

That is what happens with members opposite. They do not care about victims. What they care about is trying to score some cheap political points. They have been trying to out flip-flop the NDP, so they have found themselves in a bit of a dilemma on crime legislation.

The Liberals know that Canadians do not trust them when it comes to anything to do with crime. They know that Canadians look to this government and to the Minister of Justice and the Minister of Public Safety to finally restore balance in the criminal justice system. They find themselves in a bit of a quandary.

What do Liberals do when they find themselves in a quandary? They steal from the NDP. They think they should go back to their coalition partners and support the NDP because nobody believes the Liberals will ever get tough on crime.

The member talked about more criminals. I love the Liberal position on this issue. The Liberals are comparing Canada to the United States. It is absolutely unbelievable they would make that type of comparison. I would suggest that our societies are completely different. We have public health care in this country. We have a system that supports victims. We have all kinds of systems that help people avoid turning to crime. The problem is that the system was so tilted toward the people who commit crime during the years the Liberals were in power that we have to try to restore some semblance of balance.

While the member for Ajax—Pickering completely ignores what his constituents want, this side of the House will make sure that the people of Ajax--Pickering have representation from this side of the House. We will make sure that the criminals who commit crime, whether that member thinks it is a serious crime or not, will be put in jail because we feel it is serious even if the Liberals and the member for Ajax--Pickering do not.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:35 a.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the Conservatives are raging about the Liberals speaking out against closure and yet only five years ago they were routinely raging at the former Liberal government for doing the same thing. That is rather rich coming from them.

The Conservatives talk about getting their act together. I would suggest they get their act together and start providing the costing that we and the Liberal member for Ajax—Pickering have been asking for consistently, not only on this crime bill but on other crime bills the government has brought forward.

All the Conservatives have to do is look at their American cousins, the Republicans in the United States. Newt Gingrich, one of the leaders, recognizes there is a way to be smart on crime, which that country is doing. For five years Republicans and Democrats in Texas have been working on being smart on crime. They are working in South Carolina. The Conservative government is totally out of sync.

If the Conservatives really want to do something about white collar crime, they should toughen up the financial services rules in this country to stop the fraudsters before they steal the money. The horse is already out of the barn and they are only now introducing legislation.

That is not to say the government should not be introducing legislation like this. We support the principles behind the legislation. What is the government doing about tightening up financial regulations so that guys like Earl Jones cannot steal money in the first place?

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:35 a.m.
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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Madam Speaker, it strikes me that the NDP members are learning to flip-flop from their Liberal coalition partners. I am a bit confused. They are now supporting it.

Regarding the cost, I bring it back to the member, it is the cost to the victims that we have to worry about here.

Crime costs this country $70 billion a year. That is a fact. That is what Statistics Canada says crime costs the Canadian economy, $70 billion a year. Under the Liberals things had gone so far in trying to support the criminals against the victims that we now have to try to restore some balance, and we will do that.

The head of Corrections Canada was at the government operations committee. He was asked continuously by the Liberals whether he could manage the tough on crime agenda of the Conservatives. He said, “I am confident, with the exceptional staff I have across the country, we will manage in a way that we can deliver good, effective corrections”. He said he could have it done.

When we talk about strengthening financial securities and having a financial securities regulator, every single thing we bring forward to strengthen financial management in this country, every single bill that we have brought forward, the member's party has voted against it.

The NDP should join with us, try to convince their coalition flip-flopping Liberal partners to actually see the light and stand up for victims ahead of criminals. Perhaps we could have a bill that all Canadians are proud of in a Parliament that Canadians can say--

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:35 a.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order. The hon. member for Dartmouth—Cole Harbour, a brief question.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:35 a.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, I was not planning on speaking, but the member said something that caught my attention. I think what he said, and he can confirm or deny it, was that there are members in the House who support the idea that a person who rapes a child should not go to jail.

The government talks about being tough on crime. If the Conservatives were half as tough on crime as they are on the truth, we would be further ahead.

MPs get together. We go to committee. Somehow it works most of the time, but when we come here or go out on the campaign trail, the truth gets lost in the fog.

I want to ask my colleague very simply, does he believe there is any single member of this House who believes that somebody who rapes a child should not go to jail?

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:40 a.m.
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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Madam Speaker, I certainly hope there are no members in the House who would support that, but the evidence tells me that. When I was sitting at the government operations and estimates committee, the chair rammed in a witness from the Church Council of Justice and Corrections. When that witness was asked, point blank, whether people who rape children should go to jail and she answered the question, “Not necessarily”, that gave me pause. Why would a witness like that be brought forward in committee? Why would it be rammed down our throats?

If the Liberals are now saying they do not actually support what the Church Council of Justice and Corrections said with respect to children, then great, and I applaud them for that. They should stand up for victims, vote for the bill and vote for all of the crime legislation we have passed, because that is really standing up for victims of crime.

They are so upset right now because they have been caught on camera supporting groups that do not support victims. That is what is bothering them, because when--

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:40 a.m.
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Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Madam Speaker, on a point of order, it is one thing to have a constructive discourse in this hallowed hall, but it is another thing entirely to utterly misrepresent the positions of another party and to tell untruths.

I ask the hon. member to retract the statements he has made. He is misrepresenting this party. He is telling untruths to the public and he is doing a disservice to his party, our country and this House.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:40 a.m.
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NDP

The Acting Speaker NDP Denise Savoie

The hon. member has 20 seconds left to end his comments. I hope that during this debate, all members of the House will be mindful of serving the public interest.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:40 a.m.
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Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Madam Speaker, what it really comes down to is that if the Liberals truly respect the victims of crime, they should look at the people they bring before committees who speak on their behalf, question what they are doing and what they are talking about. That is the reality. If they want to stand up for victims, they should not just do it when the cameras are on here in the House of Commons. They should do it at committee. That is when people are watching.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 10:40 a.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Madam Speaker, it debases this House when a member, on a bill, says something so patently outrageous as to suggest that any member of this House from any party would not abhor violence against a child, particularly rape of a child. To hold that there is a person in this House who would not want jail time for a person who raped a child is reprehensible. To try to cast an aspersion on any member of this House in that way is despicable and debases this House.

I would say that this is how this argument has degenerated. It is not an honest exchange of ideas about how we can make our communities safer. Instead there is mudslinging, saying that certain members do not care about victims, certain members do not care about criminals. There is probably not a person in this House who has not been touched by violence, whose family members have not been touched by violence. I have stories within my own family that I will not touch on.

However, I can tell members that it brings us all deep pain, whether it happens in our lives, or it happens in the lives of the people we love, or it happens in the communities we serve. Every member of this House steps forward to try to reduce that pain, to try to find a way to reduce victimization and make our communities safe.

When we start a debate, we have to start with that premise, that every one of us comes to this place honestly wanting to make safer communities and better places, that every single one of us, while we may have different perspectives on how we achieve it, wants only the best for our country, for our children and for our communities.

When someone talks about not caring about somebody who has raped a child, when someone talks about somebody not caring about victims, it is such ridiculous, over-the-top hyperbole that turns off Canadians and makes them think that none of us really cares about the work we are doing in this House.

I have said it so many times before. I can respect that the hon. member or any other one disagrees with me, and that is their right, that the approach we are advocating on crime is one that they do not support. However, let us take a look at the facts, and let us come back to this bill.

This bill is about first-time non-violent offenders, but the Conservatives are talking about rape victims. This is what they try to do. We were dealing with the pardon issue and every single one of us in this House said, “Let's get together and make sure we shut down loopholes that allow somebody like Karla Homolka to get a pardon”. And yet, when we had concerns about the 18-year-old single mother who writes a cheque for groceries that is fraudulent and suddenly is going to be caught up in the bill and we said we had concerns with that and that we should have an honest discussion about it, what was the Conservatives' response? It was that the member for Ajax—Pickering wanted to let Karla Homolka get a pardon. It is so dishonest, so disingenuous and does such a disservice to the debate that it has to be called out.

On this bill, let us look at the history. While they are trying to vilify this party, the truth is the principal ideas contained at the heart of this bill, which is to go after large-scale fraudsters, were principles that we espoused years ago. In fact, as I mentioned in justice committee, we proposed ending the provisions that would allow somebody who committed large-scale fraud from getting an accelerated parole review. We proposed that a couple of years ago. The Conservatives voted against it at that time. We continued to advocate for that over the last number of years, but it did not go anywhere until the case of Mr. Lacroix.

Mr. Lacroix was released. There was an enormous amount of publicity in Quebec. The government was caught with its pants down and suddenly, it demanded action overnight, ”Let's go. No debate. Don't think about it. Don't you care about victims? This is urgent.”

The Conservatives stand here and talk about rape victims, demanding that we pass their legislation without debate, without discussion. They bring about closure motions when this is something we could have dealt with two years ago.

Those are the facts.

The concern I have with respect to this bill is that, unfortunately, it does not just deal with large-scale fraud. This bill, as it has now been presented, would eliminate the one-sixth accelerated provisions for all first-time non-violent offenders.

I would point to Correctional Services Canada's own documents. I said a lot of this yesterday but I think it bears repeating. Correctional Services' own document, when it explains the importance of the accelerated pardon review for first-time non-violent offenders, states that the main focus of the accelerated pardon review was to address public safety and reintegration by enabling Correctional Services Canada and the national parole board to focus their attention on dangerous offenders at a high risk of reoffending and that studies have shown there is a tendency for low-risk offenders to be negatively impacted by the prison experience.

What does that mean? It means that for first-time non-violent offenders, long periods of incarceration often turn those minor offenders into major offenders. It means they go in for a more minor crime and come out a major criminal ready to commit major crimes.

More than 90% of people who will walk into a prison will walk out. Fundamentally the question we have to ask is: Who do we want walking out that door? Do we want someone who is rehabilitated, who is ready to make a positive contribution to society, pay their taxes and be a good citizen, or someone who has become a hardened criminal?

I know the answer for me. I would look at evidence and I would suggest that all members do that. One of the questions I have asked repeatedly in the House is for Conservatives to give us the information these decisions are based on. Can they show a single jurisdiction anywhere in the world, where these types of policies of longer and longer incarcerations have been anything but a complete failure?

We are going to be debating Bill S-10 which would take someone who gave away a Tylenol 3 a mandatory minimum. Someone who has six marijuana plants in a dorm room and gives some to their roommate would be treated the same as a Hells Angels member who has 200 marijuana plants.

It is going to make our prisons replete with young people. The problem is that all this has been tried before. I have asked for examples of where these longer periods of incarceration for first-time non-violent offenders has led to anything but higher recidivism.

I point to the examples in California, Florida and other states, and also in the United Kingdom which walked this road for about 20 years. Their experience was that when first-time non-violent offenders had the period of time they were incarcerated extended, the prison population ballooned and the ability to provide rehabilitation was diminished. It becomes a deadly cycle. The more people there are, the fewer dollars there are to be able to make the people who are in the prison better. That money gets stretched and pulled. It means that as people come out, the rate at which they reoffend continues to go higher.

I will add this in because the Conservatives always say we do not talk about victims. I am amazed I have to make these connections for them, but I will. If there is less crime, there are fewer victims. If there is less recidivism, there are fewer victims. If there is a lower rate of reoffending when people walk out of a prison, that means there is going to be less crime and fewer victims.

In California this began feeding itself. It became bigger and bigger. Then it had to privatize its prisons and things got even worse. Double-bunking became triple-bunking. The recidivism rate, the rate of reoffending, was driven to over 70%. This means that for every 10 people who walked out of a prison in California, 7 would reoffend.

The impact on California was devastating and not only in terms of the fiscal impacts. California was in a situation where it was nearly bankrupt. It had no money for health care, education or infrastructure. And worse, its crime rate had gone up.

I hear many Conservative members saying how dare we question the cost, that we should absorb it no matter what the cost is. That might be an argument we could entertain if the facts did not show that at the same time these costs were soaring, crime rates were going up with it.

A most recent example is with two different states in the U.S., New York and Florida, which took two very different paths. New York focused on prevention, harm reduction and reducing victimization on the front end. Florida took the conservative path of longer periods of incarceration. In the example of New York, there was a 16% reduction in incarceration. In Florida, there was a 16% increase in incarceration. It went in the opposite direction on incarceration.

According to Conservative logic, Florida should have been nirvana. It should have seen its crime rates fall, victimization down and people cheering on the streets. The opposite happened. It was in fact New York which saw a reduction in its crime rate. It was in fact New York which saw fewer victims. It was in fact New York which saw far greater results. Florida saw its crime rate rise. Crime went up. If we are going to walk these paths, why can we not look at evidence and the facts and see where this is driving us?

In the United Kingdom, a new Conservative government was elected which is trying to undo what it calls a punishment agenda, failed policies very similar to what we see the Conservatives pursuing. That punishment agenda did not work. It drove crime rates up and robbed money from the treasury which could have been used for other priorities. That government is finding it enormously difficult to undo.

One of the cases, ironically, it is studying that it wants to emulate is Canada which simultaneously enjoys low rates of incarceration and a low crime rate. Yet we are running from that. In fact, when we look across the board, it is the Conservative Party of Canada that stands alone pursuing these policies. Countries in the rest of the world abhor them. They have looked at the disastrous failed attempts and said they cannot go there and will not do it again.

That is why this is not a debate in abstraction. This is not some clash of ideas with no precedent or where things have not been tried. This is something that has been proven. The evidence is in front of us, if we were only to look at it.

I read this yesterday, but the debate will continue for the next couple of days and it is worth mentioning. The father of these policies, Newt Gingrich, with a contract with America, led the whole punishment agenda and threw it out there saying that is the way it was going to solve crime. He has now repented all of that and said it was a complete and total failure that states need to run from.

In The Washington Post on January 7, 2011, he wrote:

There is an urgent need to address the astronomical growth in the prison population, with its huge costs in dollars and lost human potential. We spent $68 billion in 2010 on corrections--300% more than 25 years ago.

Think about that. When the Americans commenced this journey 25 years ago, their incarceration rate was 300 times lower. At that time, the rate of incarceration between Canada and the U.S. was fairly similar. Now the divide is enormous. He went on to state:

The prison population is growing 13 times faster than the general population. These facts should trouble every American.

It should be noted that while the rate of incarceration in the U.S. has climbed by 300% over that period, Canada's rate of incarceration has remained stable. Interestingly enough, our violent crime rate and other crime rates have been falling greater than or, in some cases, equal to the United States, despite the fact that we did not embark on this enormous cost of prisons, the $68 billion that the U.S. is spending on corrections.

Mr. Gingrich continued:

Our prisons might be worth the current cost if the recidivism rate were not so high, but, according to the Bureau of Justice Statistics, half of the prisoners released this year are expected to be back in prison within three years.

That is an American statistic. As I mentioned, in California it is even higher at 70%. The American statistic overall is 50%. It is hardly something we would want to emulate.

He continued:

If our prison policies are failing half of the time, and we know that there are more humane, effective alternatives, it is time to fundamentally rethink how we treat and rehabilitate our prisoners.

We can no longer afford business as usual with prisons. The criminal justice system is broken--

I will read one more excerpt because it is important.

Some people attribute the nation's recent drop in crime to more people being locked up. But the facts show otherwise. While crime fell in nearly every state over the past seven years, some of those with the largest reductions in crime have also lowered their prison population.

He cites the example I gave of New York and Florida as follows:

Put another way, although New York spent less on its prisons, it delivered better public safety.

When the person who invented this idea and really drove it as a political force in North American politics is abandoning it, is it not time to take a pause, think carefully about what we are doing and wonder if there is not a better way to ensure that we reduce victims and improve community safety?

On this bill in particular I have repeatedly asked some pretty basic questions, but have never received an answer. If the government is going to invoke closure and say we have to deal with things right away, it should have answers to these questions.

One question is cost. I can recall in this House the Minister of Public Safety saying that the cost of the two-for-one remand bill was going to be $90 million. I mentioned yesterday that I took that to the PBO as it did not sound right. As soon as he agreed to my request to do a study, that number changed overnight from $90 million to $2 billion. The minister said that, oops, he had made a mistake and it is $2 billion. What precipitated it? It was knowing the PBO was going to look at the books.

After eight months of study it was not $2 billion; it was $10 billion to $13 billion. That is one bill. We have 18 other bills on the table. How irresponsible would we be as a Parliament if we voted for things where we did not know the costs? To put a blindfold over our eyes and be asked to vote in the dark with no idea of the fiscal implications of what we are doing is the height of irresponsibility.

The second question that would be obvious to ask is: What data does the government have on the impact that this would have to make communities safer?

The speeches in the House from every party are about how we can make our communities safer. I have given all kinds of evidence from different jurisdictions about my concerns on eliminating the one-sixth provision for non-violent, first-time offenders who have not committed large-scale fraud.

I agree, if it is large-scale fraud, like those by Earl Jones or Mr. Lacroix, let us make sure we eliminate that. We could do that today. That is a debate that should have happened over two years ago.

However, I have asked for the evidence, the science, on which the government is basing the decision to eliminate this for all individuals. Show how that enhances public safety. Show how that reduces victimization. That information has not been forthcoming either because it does not exist or because the results are not very compelling.

I want to briefly mention that we have seen cuts to the RCMP white-collar task force which need to be restored if the government is honestly interested in going after white-collar crime. We have a lawful access bill that would empower police to go after information electronically that has been languishing in the House for years. We have cuts to the national police service on things like CPIC and the sex offender registry. There are all kinds of cuts that the government should be restoring.

We have seen more than a 70% cut to crime prevention and more than a 40% cut to the victims of crime. We saw the government's hand-picked victims ombudsman, Steve Sullivan, fired after he said the plan for victims is unbalanced and would not work.

I say to the government very earnestly, if it is honestly interested in victims, if it is honestly interested in community safety, there is a path that is evidence-based and involves restoring a lot of the cuts it has made. The most effective way to make communities safe is by stopping crime from happening in the first place.

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 11 a.m.
See context

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Madam Speaker, I thank my colleague for his defence of a position that most people in the House can actually support because it is based on fact.

My colleague raised the issue of Mr. Gingrich in the United States and the fact that all of us are in favour of reducing crime. However, in terms of cost benefit, one of the most effective and science-based approaches to reducing the number of criminals, reducing the number of victims and reducing crime is through early learning programs.

In Ypsilanti, Michigan, there is more than a 35-year experience with the head start program that showed that for youth crime there was a 60% reduction in youth crime, massive declines in welfare rates and improved access and outcomes in school. All of those work dramatically and effectively to reduce crime and the cost is merely a fraction of what it takes to incarcerate somebody, which can be anywhere upward of $120,000 a year for somebody in a maximum security prison.

The government literally annihilated a plan that we had put forward, which was signed with the provinces, for an early learning head start program. Will the hon. member comment on the effectiveness of early learning programs from the prenatal stage to age five, which, I might add, would also address one of the major problems that we have in jail, which is the issue of fetal alcohol syndrome and fetal alcohol effects?

Would my colleague inform the government that it would be well advised, for the safety of the public and for the wise use of the public purse, to support a national early learning head start program?

Abolition of Early Parole ActGovernment Orders

February 15th, 2011 / 11 a.m.
See context

Liberal

Mark Holland Liberal Ajax—Pickering, ON

Madam Speaker, my colleague's question raises an important point concerning how we think about prevention because prevention is about more than just the programs the Conservatives are cutting, although those are vital. These are programs that help the Boys and Girls Clubs of Canada, church groups and others to build community capacity so that when somebody is starting to head down a dark path they can pull the individual back and give him or her hope and opportunity.

As my colleague says, early childhood education, early childhood learning, is an essential component to getting a head start in life. We know that the first three years for a child are the most formative, and we know that Canada is lagging behind the rest of the world in terms of what we are providing with regard to early childhood learning and education.

We had reached an agreement with the provinces. It is important to restore that.

I also would point out the work of people like Dr. Irvin Waller who has pointed out that for every dollar we put into prevention we save $11 in the cost of incarceration and probation. There is an enormous amount of money that could be saved here.

It is ironic that if we do the right thing and invest in prevention, not only do we stop there being a victim in the first place, we also have the opportunity to reduce our costs. We reduce victimization, reduce crime and reduce costs and it becomes a very positive virtuous circle, which is what we want to strive for.

The alternative is that as we cut from prevention, as the government has, and as we cut from victims' services and from rehabilitation in prisons because the population is ballooning and we cannot handle it, we create a vicious downward spiral. It creates the exact opposite impact where we are throwing more and more money toward the punishment and nobody is ever getting better. Therefore, we are creating more and more crime and it becomes a vicious out of control cycle.

The member points to something very important and that is the need to invest in all forms of prevention, which includes ensuring that young people have education and food and are not going to school hungry.

When I was in Regina and had an opportunity to tour some of the worst neighbourhoods in the country with the former chief of police there, we went into homes where children had to pull tarps around an oven for heat. Clearly, that is not a situation that is conducive to somebody having a positive life.