Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  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 require the Parole Board of Canada (or a provincial parole board, if applicable) to cancel parole granted to an offender if, before the offender’s release, the offender tests positive in a urinalysis, or fails or refuses to provide a urine sample, and the Board considers that the criteria for granting parole are no longer met. It also amends that Act to clarify that any conditions set by a releasing authority on an offender’s parole, statutory release or unescorted temporary absence may include conditions regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

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.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:05 a.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

moved that Bill C-12, an act to amend the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:05 a.m.
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Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-12, the drug-free prisons act. I would like to seek unanimous consent to split my time with the member for Northumberland—Quinte West.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:05 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Does the hon. parliamentary secretary have the unanimous consent of the House to split her time?

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:05 a.m.
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Some hon. members

Agreed.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:05 a.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, the bill before us today gives new tools to the Parole Board of Canada to help ensure that prisoners remain drug-free, both inside the prison and while they are on parole.

I will speak to the details of this important common-sense bill in just a moment, but first allow me to give some background on what has brought us to this point.

The issue of drug use in our federal prisons is a serious concern to this government. Many Canadians may be surprised to learn that drug use is rampant in our prisons. Despite the best efforts of our front-line officers, the criminal element is still able to bring drugs into the penitentiaries.

The scope of the problem becomes clear when we look at the actual numbers. In the fiscal year 2010-11, close to 1,500 drug seizures took place in federal prisons. These are worrisome numbers. Our prisons are less safe and secure when there are drugs involved.

Our government has provided vital funding towards tackling drugs in prisons. In 2008, we committed $122 million over five years towards developing and implementing a more rigorous approach to drug interdiction in our federal prisons. This funding has gone towards an expanded detector dog program, increased security intelligence capacity in institutions and communities, and enhanced partnerships with law enforcement organizations.

However, we did not stop there. We knew that Canadians remained concerned about this issue and that we had to move ahead with further concrete actions. To this end, our government made three commitments to Canadians in our 2011 Conservative platform, with a goal of creating drug-free prisons. These commitments would subject all prisoners to random drug testing, give stricter penalties to those found with contraband in prison, and deny prisoners parole if they fail a drug test.

As I mentioned, our first commitment in our 2011 Conservative platform was to put in place measures that ensure all prisoners undergo drug testing. To reach that goal, Correctional Service of Canada has recently increased its monthly random urinalysis testing from 5% of the prison population to 10%. With this increase, we now have a system in place that helps ensure each inmate is tested at least once per year, thereby fulfilling our commitment to capture samples from 100% of the prison population.

We have also made changes related to our second commitment, that the Correctional Service of Canada would refer serious cases to law enforcement for appropriate action. The Safe Streets and Communities Act, which Canadians know members opposite voted against, put in place mandatory minimum penalties for trafficking or possession of drugs in a prison or on prison property.

These measures move us closer to fulfilling our Conservative platform commitment to creating drug-free prisons. That brings me back to the drug-free prisons act, which would help us meet the third commitment in our 2011 Conservative platform by giving the Parole Board additional legislative tools to act as the strong authority and decision-making body that it should be.

Bill C-12 is straightforward. It proposes two amendments to the Corrections and Conditional Release Act.

First of all, the drug-free prisons act would provide the Parole Board of Canada with the specific authority to cancel parole after it had been granted and before the prisoner leaves the penitentiary, if that prisoner fails or refuses to take a drug test. This is an important change. Under this legislation, the Correctional Service of Canada would be required to provide that information to the Parole Board.

The second proposed change under the drug-free prisons act also supports the work of the Parole Board, allowing it to require parolees to stay off drugs. If the prisoner violates that condition, the Parole Board of Canada can revoke parole.

These proposed changes would allow our government to continue our significant work toward ending this illicit activity.

While we are busy and focused on the safety of our communities and reducing drug crime, the NDP brings forward dangerous suggestions, like providing needles to inmates. Not only is this giving hard-core drugs like heroin to prisoners—a really bad idea—it is a significant risk to the safety of our hard-working front-line correctional officers, not to mention the prisoners themselves.

We also see shameful acts by the leader of the Liberal Party, who goes to speak at grade schools to promote the legalization of illegal substances like marijuana to our children. This is shameful. Canadian families deserve much better.

There is no doubt that drug and alcohol abuse in our federal prisons presents a serious barrier to correcting criminal behaviour, which is why our Conservative government is fully committed to keeping illicit drugs out of the hands of prisoners.

I know there is some debate in some circles over whether we can successfully rid our prisons of drugs, alcohol and other contraband. I also know that we cannot and will not back away from this challenge. We will not turn a blind eye to this problem.

Our government will remain focused on initiatives that will help us tackle drugs and alcohol in our prisons. We will not back down from prioritizing the safety of our correctional officers. With the changes proposed in the drug-fee prisons act, the parole board would have more specific authority to make decisions that have a significant impact on the safety of our communities.

I urge all members of the House, especially members opposite, who far too often are the champions of policies that are soft on crime, to support the rapid passage of this critical piece of legislation.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I listened with interest to the parliamentary secretary's speech, and I think it once again ignores some basic facts. The Conservatives claim to be very proud about testing all prisoners for drugs, and they have found as a result of those tests that there are many people who are still using drugs in prison. The problem is that there are 3,000 people in prison on the wait list for addiction treatment programs.

Testing does not solve the problem; what solves the problem is treatment.

Does the government have any plans to address the real problem with something that would actually make a difference?

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, the Correctional Service of Canada spends between 2% and 5% annually, approximately $150 million per year, of its total operating budget on core correctional programs, including those that deal with substance abuse. We are dealing with the particular question that the member had.

What I find most interesting, and I mentioned it in my speech, is that the member from the NDP, along with his entire caucus, wants to have a needle exchange program in prisons. On this side of the House, we do not think it is a good idea to give convicted criminals, with serious histories of violence, long, sharp, and pointy metal objects.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, in her reply to my colleague, the parliamentary secretary indicated there was 2% to 5% spent annually on correctional programs, including those addressing substance abuse. To get more specific, exactly how much money is spent every year on dealing with substance abuse problems, which my colleague has indicated has led to 3,000 people in prison waiting for treatment for substance abuse?

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, as I mentioned, it is approximately $150 million per year that Correctional Service of Canada spends on core correctional programs, including the substance abuse programs.

I want to make it clear that it is not the only thing it does. Our government has actually adopted a three-pronged approach to dealing with this issue in prisons. First with regard to increased interdiction, in 2008 the government invested $122 million over five years to increase this process. Our efforts include drug detector dogs, security intelligence capacity and perimeter security. In addition to that, the third prong is deterrence through increased offender accountability and penalties. That was achieved through the Safe Streets and Communities Act, from 2012.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, the parliamentary secretary mentioned that in 2008, $110 million was spent on interdiction. I sat on the study of drugs in prisons. What we found was that the number of people who were testing positive for drugs before the $110 million was spent and then after three years was about the same. In fact, the interdiction of $110 million did not make any difference in the percentage of prisoners with some sort of drug in their systems.

Would the member agree that perhaps that money should have been spent on the demand side of it, helping those who are on the wait list to get into the programs to get off drugs?

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:10 a.m.
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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, we all agree in the House that drugs in prisons are a significant problem. Not only do they pose a threat to our hard-working front-line correctional officers, but they also pose a threat to the inmates themselves. It does a second thing. When someone is using illegal drugs in prisons, it impedes their rehabilitation process and their ability to actually use some of those abuse programs. It also presents public health issues.

According to Correctional Service of Canada, CSC, more than 80% of federal inmates have had a substance abuse problem that requires intervention. This was before they were actually incarcerated, in a year leading up to their offence. It is a serious problem. We are addressing it with our three-pronged approach.

Lastly, offenders who are in jail ought to be held accountable for their offences. We should not simply be turning a blind eye to illegal drug use and enabling them to continue with it.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:15 a.m.
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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-12, the drug-free prisons act. I would like to thank the parliamentary secretary for her comments.

I have spoken with many of my constituents about this important bill. Their response is always the same. They believe that it is common sense that our prisons, the places where we send the worst elements of society to become rehabilitated, be free of drugs and contraband. However, that is unfortunately not true. Every year, 1,700 prisoners receive discipline for failing drug tests.

There is no doubt that drug and alcohol abuse in our federal prisons presents a serious barrier to correcting criminal behaviour and creates an unsafe environment for correctional staff. That is why our Conservative government is wholly committed to keeping illicit drugs out of our prisons.

We promised Canadians in the 2011 election that we would test every prisoner for drugs at least once a year, create tougher penalties for those who possess or sell drugs in prison, and deny parole to those prisoners who fail drug tests. I am proud to report that we are delivering on these commitments.

We have increased random drug testing for prisoners. Now, 10% of prisoners are tested each month, meaning that 120% of the prison population is tested every year. We have invested significantly in drug interdiction, including having effective and well-trained detector-dog teams. We have created tough mandatory sentences for those who sell drugs in prisons.

Now we are bringing forward the drug-free prisons act, which will give the Parole Board the authority to cancel parole after a positive drug test. It will emphasize the fact that the Parole Board can impose conditions against the consumption of illegal drugs while on parole. It will define what a positive drug test means in law so that bureaucrats cannot be confused and let out prisoners who have clearly not had their behaviour corrected.

That is our record. Now let us look at where the opposition has stood. Rather than cracking down on drugs in prisons, the NDP has suggested a needle exchange program behind bars. Members heard me correctly. Not only do the New Democrats want to give illegal drugs, such as heroin, to prisoners, they want to put more sharp metal objects in the hands of dangerous, convicted criminals. I wonder what front-line prison guards would have to say about the increased risks they would face should any misguided proposal like that occur.

Canada's largest medium-security institution is in my riding. I am very familiar with and speak on a frequent basis with the folks who work at one of Canada's largest prisons. I have been told time and time again that they would not be in favour of this.

The leader of the Liberal Party is focused solely on legalizing drugs, the kinds of drugs that change behaviour and send people to jail in the first place. The Liberals have never seen a common-sense measure to improve corrections that they did not oppose. Their leader even went so far, while he was out trolling for votes, as to go to a school in Brandon, Manitoba, to talk about how he wants to make it easier to get access to marijuana.

Our Conservative government will continue to take a comprehensive approach that includes interdiction, training for correctional officers, and treatment programs for prisoners.

I know that there is now a debate in some circles about whether we can successfully rid our prisons of drugs, alcohol, and other contraband. I also know that we cannot and will not back away from this challenge. Our government will remain focused on initiatives that will help us tackle drugs and alcohol in our prisons. We will not back down from prioritizing the safety of our correctional officers.

With the changes proposed in the drug-free prisons act, the Parole Board will have more specific authority to make decisions that have a significant impact on the safety of our communities. Thanks to the strong actions by our Conservative government, we can say that we are tackling this problem head on.

No longer would prison drug dealers be able to operate with impunity. No longer would the Parole Board be toothless in trying to revoke perks from drug-addicted prisoners, and no longer would prisoners be able to hide from drug tests by playing the numbers game.

I call on all members opposite to stop putting creature comforts, including illegal drugs, ahead of the rights of law-abiding Canadians. Join with the Conservative government and vote in favour of the bill.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:20 a.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is a laudable goal, and I do not think there is a person in this House who does not want to address substance abuse, and especially drug addiction.

It is a very important goal, but we also have to realize that more punitive measures do not fix the problem. What we need are real prevention programs and treatment programs.

One of the key things that concerns my constituents right now, besides the Conservatives' preoccupation with putting more people in prison, is affordable housing. Many of them feeling like prisoners in their own homes because of the high ratio of their incomes that goes into paying for their homes. Many of them cannot afford homes. The government is reducing the amount of money for low-income housing.

I am finding a little bit of a juxtaposition. I would ask my colleague what he feels should be done about affordable housing in communities.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:20 a.m.
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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I can understand the hon. member trying to bring other issues into the debate on drug-free prisons, but this government has contributed more toward social housing than any other previous government, and we are committed to continuing that through the years.

Does saying that it is laudable and that we will never get rid of all the drugs in prisons mean that we should just give up? The average Canadian has a difficult time understanding how someone can be in a prison and still get access to drugs. I know how they do it, because I speak to the men and women who work in our prisons almost every week when I go home to my riding. There are many ingenious ways this occurs. Without going into the particulars, let me just talk about the goal.

Yes, it is a laudable goal, and it is difficult for Canadians to understand why people who are in our prisons have access to a plethora of drugs. That makes the prisons that much more difficult to control. In other words, it is difficult for the average prisoners who do not take drugs to go about their daily lives when they have someone next to them in a violent condition or in a condition that is unmanageable.

It is our goal to make sure that we do our best to keep drugs out of prisons, because that is what is expected of us as the government. All we are asking is that the opposition work with us. When it comes to programming, I will wait for some input.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 10:20 a.m.
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Liberal

Lawrence MacAulay Liberal Cardigan, PE

Mr. Speaker, I certainly appreciate my hon. colleague's message, and I wish him good luck in keeping drugs out of prisons, because to this day, it has not been overly successful.

About 80% of the people who enter the prison system have a drug addiction problem. It is okay to put in more detector dogs. I agree that we should do everything to stop drugs from going into a prison. We put the detector dogs in place and stop parole. However, I would like to know why the government is opposed to addiction programs.

We are dealing with human beings. Why not deal with the human being and try to deal with the addiction problem in the prison system? Why did the government close the only addiction research centre in the nation when over 80% of the people who are in our penal institutions have a drug or alcohol problem?

I wish that my hon. colleague would take a look at this situation and understand the value of research in the biggest problem in the penal institutions of this country. Would he not agree that we need research, and we need to have programs to deal with the people who are addicted in our system?