Evidence of meeting #98 for Public Safety and National Security in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mr. Simon Larouche

11 a.m.

Liberal

The Chair Liberal Heath MacDonald

I call this meeting to order.

Welcome to meeting number 98 of the House of Commons Standing Committee on Public Safety and National Security. Today’s meeting is taking place in a hybrid format, pursuant to the Standing Orders. Members are attending in person in the room and remotely using the Zoom application.

I would like to make a few comments for the benefit of the members.

Please wait until I recognize you by name before speaking. Members in the room, if you wish to speak, please raise your hand. Members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as best we can. We appreciate your patience and understanding in this regard.

To prevent disruptive audio feedback incidents during our meeting, we kindly ask that all participants keep their earpieces away from the microphones. I will remind you that all comments should be addressed through the chair.

Pursuant to Standing Order 106(4), the committee commences consideration of the request by five members of the committee to undertake a study of the reclassification and transfer of Luka Magnotta and other federal offenders.

I will now open the floor for debate.

Mr. Caputo.

11 a.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Thank you very much, Mr. Chair.

It's an honour to be here on behalf of all Canadians and the people of Kamloops—Thompson—Cariboo.

This is what I can say in these circumstances. I think most Canadians were shocked at the transfer of Paul Bernardo, and I feel similarly that Canadians were shocked to find out that Luka Magnotta and others are not only in medium security but also in the same penitentiary.

As Conservatives, we will always stand with victims, with those seeking transparency and with those seeking the truth. It's for this reason that today we bring forward a motion to further study this in light of the significant offences that have been committed by not only these two people but others who are in medium security. It's important that we get to the bottom of the impact of bills like Bill C-83 and other policies in place with this Liberal government.

With that, I will move my motion and read it into the record, Mr. Chair.

I move:

That, in light of the transfer of sadistic killer Luka Magnotta out of a maximum-security prison to a medium-security prison, the same facility that serial killer and rapist Paul Bernardo was transferred to last year, and given that the Minister's office was made aware of these transfers in advance, the committee:

1) immediately undertake a study in priority order, of no less than six meetings, with these meetings to begin this week, on how the decision to make this transfer was made and on the prisoner transfer process for prisoners in maximum-security facilities, and report its findings to the House; and

2) call the following witnesses to appear:

(a) the Commissioner of Correctional Service Canada, Anne Kelly;

(b) the Deputy Minister of Public Safety, Shawn Tupper;

(c) the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, the Honourable Dominic LeBlanc;

(d) the former Minister of Public Safety, the Honourable Marco Mendicino;

(e) the Chief of Staff to the Minister of Public Safety at the time;

(f) Janice Charette, former Clerk of the Privy Council;

(g) the Warden of La Macaza Institution;

(h) representatives from the Union of Canadian Correctional Officers; and

(i) Marcia Penner, Tennille Chwalczuk and Laura Murray as individuals.

Thank you, Mr. Chair.

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

Thank you, Mr. Caputo.

Now we have Mr. Lloyd, please.

11:05 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Thank you, Mr. Chair.

I know we've had a number of meetings on the issue of the Bernardo transfer already, but new information has come to light that I think is shocking to Canadians. It's shocking because some people might have dismissed the transfer of Paul Bernardo as an isolated incident. I know that the Minister of Public Safety at the time said it was “shocking and incomprehensible”. However, now we've learned that it's not just an isolated incident, that this is a repeated pattern under this government and that several high-profile serial killers and killers have been moved out of maximum and into medium.

Furthermore, recent ATIPs have revealed that the chief of staff of the public safety minister at the time was aware that these transfers were taking place. It's interesting because in all of our study of Paul Bernardo's transfer, the minister's officer knew all along that Luka Magnotta was being transferred in 2022 as well, yet that information was never brought to light. It was never revealed to this committee under our previous study.

That's not the only high-profile case we've seen. I think there's—

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

On a point of order, we have Ms. O'Connell.

Go ahead.

11:05 a.m.

Liberal

Jennifer O'Connell Liberal Pickering—Uxbridge, ON

Thank you, Mr. Chair.

Can we get this motion distributed?

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

I'm told it has just been distributed, Ms. O'Connell. Can you confirm you received it?

11:05 a.m.

Liberal

Jennifer O'Connell Liberal Pickering—Uxbridge, ON

I'm checking.

Clerk, it's in the committee binder. Can we get it distributed with the text in both official languages? We all have to log in to our binders now.

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

Check your email. The clerk is telling me it's attached to the email.

11:05 a.m.

Liberal

Jennifer O'Connell Liberal Pickering—Uxbridge, ON

Okay. I have it.

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

Thank you.

Continue, Mr. Lloyd, please.

11:05 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Thank you, Mr. Chair.

I'm certainly glad that all members are getting a copy of this motion. It's a very good motion. I think it hits at the heart of the matter.

This new information we've received—that the chief of staff of the public safety minister knew, that staff in the Prime Minister's Office knew and that the Privy Council Office knew—raises very important questions that need to be further looked into. This is a question about the principle of ministerial accountability.

If there is a policy, unofficial or official, in ministers' offices or in the Prime Minister's Office that staff are not to inform ministers of hot-button, controversial issues, I think this undermines a key tenet of ministerial responsibility and ministerial accountability. If that is, indeed, a policy, I think it needs to be looked into, because ministerial accountability is one of the bedrock principles of our parliamentary system of government. We cannot allow mistakes like this, whether deliberate or from incompetence, to continue. It is a very worthwhile study for us to continue at this committee.

Also, we need to look further into Bill C-83 and other legislation that I think has been contributing to this rise in the number of transfers out of maximum-security and into medium-security prisons.

With that, I'll say I support this motion and I'll pass it on to the next speaker.

Thank you.

11:05 a.m.

Liberal

The Chair Liberal Heath MacDonald

Mr. Paul-Hus.

11:05 a.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Thank you, Mr. Chair.

Right now, the public trust is being woefully undermined. I was vice-chair of the Standing Committee on Public Safety and National Security when we worked on and debated Bill C-83, which came into force in 2019 and made changes to the conditions of detention. While we are debating, and working and voting on bills, the public is not always very aware of what is going on. Today, however, we are seeing the result of all this. We see situations such as that of Paul Bernardo, who was transferred to a medium‑security prison, and that of Luka Magnotta, who has already been transferred to a medium‑security prison only about 10 years into his incarceration. People don't understand why, and that's to be expected.

In this regard, the proposed motion is very important. We want to understand why the Liberal government implemented this legislation in 2019 and how the process was carried out.

We have to think about the victims. We talk about victims, but we always forget that they are the main people involved. The law is clear: Victims must be kept informed. We even have the Canadian Victims Bill of Rights. It has been in effect since 2014, but this government never complies with it. Victims have a right to information, protection, participation and restitution. The rights to information and participation have not been respected. These rights were violated during the handling of the Paul Bernardo case.

Why do we always have to fight for victims to be heard and for their rights to be respected?

We're talking about Paul Bernardo and Luka Magnotta, to name just two, but surely there are others who have been transferred under the same conditions. That's what we want to know, actually. Why do murderers and criminals like them benefit from more lenient prison conditions when they are Canada's worst offenders?

11:10 a.m.

Liberal

The Chair Liberal Heath MacDonald

Thank you.

Ms. O'Connell.

March 11th, 2024 / 11:10 a.m.

Liberal

Jennifer O'Connell Liberal Pickering—Uxbridge, ON

Thanks, Chair.

I'm glad we have this motion. From our perspective, we have no issue with looking further into transfers of prisoners and classifications and working with this committee to put forward reasonable, worthwhile recommendations on how we can advance victims' rights in this country and improve the system. However, I think what we learned from the last few days of the study we did on this...because it's important to note that this isn't new. This isn't something the Conservatives are bringing forward today. We, as a committee, have already held several meetings on this and heard testimony, and this would be a continuation of that.

I hope that today is not just Conservatives performing for clips and that this committee is actually serious about working together to put forward serious, legitimate policy recommendations on how we can move things forward. That's exactly what we want to do and what we did as a committee when we all came prepared to ask questions of CSC and the witnesses we had before on this very issue. Again, there's no issue. We've participated and asked tough questions, as I think all Canadians want us to.

I think it's important that we look into this. It was stated by the earlier speaker that this was somehow related to Liberal legislation or a change, and that's simply not true. In fact, some of the years with the highest number of prisoner classification changes from maximum to medium were under Harper Conservative governments. In 2012-13, there were 291 reclassifications from maximum to medium. In 2013-14, there were 319 from maximum to medium.

If there's a question of how this is happening and what policies are in place for the Correctional Service of Canada, I think that's a fulsome conversation we need to have, but putting it out there that this was somehow a change in legislation or policy is, frankly, just not accurate. It's important that Canadians understand that there are certain politicians trying to use the most heinous and horrendous crimes in this country as a fearmongering tactic to suggest that current policies are somehow different from when Conservatives have held office. I think it's important that we get this data on the table so that Canadians can see exactly how decisions are made.

If this committee wants to make recommendations to the government to make changes or to review policy, I think that's absolutely appropriate, but if there's a suggestion.... If we're starting off with a base of misinformation that there was a policy change, I've just outlined that the highest number of maximum to medium reclassifications in the Canadian justice system happened in 2013-14 under the Conservatives' so-called tough-on-crime language.

It's important that we get the facts. That's why we're very happy to continue to hold meetings on this, to make legitimate fulsome policy recommendations based on what we hear and to ensure Canadians' voices are at the table. However, as I said, I think it's incredibly important that we start from a place of truth and honesty. I hope the continuation of this meeting does that, because I think we have a number of policy insights and things that every member of this committee would want to share.

I'll just raise a couple of points about the motion as drafted. I want to hear from colleagues, so please add me to the list again, because I'd like to hear other opinions.

As for doing the study immediately and in six meetings, my issue is not with studying this but with whether or not we need six meetings. We're open to the idea, but based on the witnesses listed in this motion, that wouldn't equate to six meetings. I think the Conservatives are maybe being a little disingenuous in terms of what this motion says and what they hope to accomplish, but we can debate the numbers in terms of what's needed and whether it's immediate.

Based on this, the Conservatives are abandoning the auto theft study. They also don't want to complete Bill C-26, which, as we heard from witnesses, would actually have direct impacts on Canadians' safety, for example, during a weather event when phone lines could go down and there wouldn't be protections in place to ensure that telecommunication companies or banks would have robust procedures to avoid cyber-attacks. I guess Conservatives don't care about those impacts.

This committee can determine the timing, but we had determined the sequence of meetings. Auto theft would being abandoned. Cybersecurity would being abandoned. The other studies we were looking at would be as well, given timing. I assume the minister's visit on the mandate, which was scheduled for next week, would also be abandoned if this motion passed as is.

I have concerns with some of that given the other committee priorities we've talked about, but, as I said, I'm prepared to listen to other opinions about priority and sequencing. We're not opposed to this study.

Mr. Chair, I'm going to move one amendment for now, and that is to add the following witnesses: Howard Sapers, the former correctional investigator for Canada; the John Howard Society of Canada; the Canadian Association of Elizabeth Fry Societies; Aboriginal Legal Services; the Black Legal Action Centre and the Canadian Civil Liberties Association. I'll give those names to the clerk.

I may have other amendments later, Mr. Chair, given my concerns about sequencing and the number of meetings. We're more than happy to move forward with this study, but I want to take into account other people's comments before making any additional amendments. I think it's important that we add some additional witnesses.

Thank you, Mr. Chair.

11:20 a.m.

Liberal

The Chair Liberal Heath MacDonald

Thank you, Ms. O'Connell.

Do we have any comments on this amendment?

Mr. Lloyd.

11:20 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

I don't have an issue with any of those witnesses, but I would note that at the beginning of Ms. O'Connell's statement, she was talking about how Conservatives were being disingenuous because this wouldn't take six meetings, but certainly those additional witnesses I think would take us to six meetings.

We have no problem with adding those witnesses and we look forward to having six meetings on this.

Thank you, Mr. Chair.

11:20 a.m.

Liberal

The Chair Liberal Heath MacDonald

Thank you.

Mr. Bittle, you're up.

11:20 a.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Thank you so much, Mr. Chair.

I appreciate being here today, and the questions that need to be asked. I agree with Ms. O'Connell that it's important that we continue our study. Even though this is not a normally scheduled meeting, this is, I think, a continuation of what this committee has been studying.

We've heard what are, to my mind, some excellent recommendations from Mr. Danson, who's the lawyer for the French and Mahaffy families. I guess I'm a bit disappointed that we haven't had the time to sit down and make those recommendations and provide a report. Perhaps this is a good opportunity to continue those discussions, but I agree with Monsieur Paul-Hus that people don't understand the system. He's right. My worry is that certain politicians attempt to use situations like this to cloud how the system operates.

On this committee right now, there's a former police officer, who had a distinguished career of service, and a former prosecutor, who I also believe had a distinguished career of service to his community. However, they know—and are kind of not acknowledging this fact—that our legal system operates independently of elected officials, and these decisions on the reclassification of inmates are made independently of elected officials. As elected officials, we can be angry. I was very public with my extreme disappointment and shock over Mr. Bernardo's transfer. It's something that we expressed as a committee. However, these decisions are outside of our control.

Mr. Motz probably didn't arrest certain people that other individuals in his community would have wanted arrested. Mr. Caputo may have asked for a sentence that was lower than victims may have wanted. However, he and Mr. Motz were making those decisions independently. They were not popular, but they were not subject to, in Mr. Motz's case, the mayor coming in and saying this is wrong, or, in Mr. Caputo's case, the premier coming in and saying this is inappropriate.

Back when we had Commissioner Anne Kelly here, I asked her if the minister could get involved in this: Can the minister direct Correctional Services in the transfer of an inmate? Is it a legal order? Her response to my question was, “My understanding is that the minister does not have a role.”

11:20 a.m.

Liberal

The Chair Liberal Heath MacDonald

Mr. Bittle, we have a point of order, please.

11:20 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

My apologies for interrupting Mr. Bittle.

I just wanted to clarify that we are speaking on the amendment proposed by Ms. O'Connell right now. Is that correct?

11:20 a.m.

Liberal

The Chair Liberal Heath MacDonald

No. We're speaking in the speaking order.

11:20 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Okay, but don't we have to deal with—

11:20 a.m.

Liberal

The Chair Liberal Heath MacDonald

Yes. It's on the amendment.