House of Commons Hansard #157 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was csis.

Topics

Drug-Free Prisons ActGovernment Orders

December 8th, 2014 / noon

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I note the enthusiasm of all members for my presentation on Bill C-12, but I am not sure that will be warranted when I finish.

I will say in advance on behalf of the official opposition that I will be supporting Bill C-12 at second reading.

The bill has a somewhat grandiose title, “The drug-free prisons act”, which, as I hope to explain in my remarks, is a long way from what the bill would accomplish.

The bill essentially confirms what is already in place. The National Parole Board, as one of the conditions for the exercise of its members' discretion, already takes into account positive results of urinalysis or a refusal to take urine tests in making its decision for parole eligibility. Despite its title, the bill would do very little, if anything, to eliminate drugs from federal prisons in Canada. That would require an investment of money and the government following some of the reports over the years by the Correctional Investigator and the federal prisons ombudsman, as I will explain. However, none of that is in the bill.

The bill simply confirms what is already in place. Members do not have to take my word for it. I went online and looked at the National Parole Board document entitled, “Decision-Making Policy Manual for Board Members”. Section 8, “Assessing Criminal, Social and Conditional Release History”, reads:

Information considered when assessing criminal, social and conditional release history includes:

...e. any documented occurrence of drug use, positive urinalysis results or failures or refusals to provide a sample while on conditional release;

The bill would do nothing but pander to the Conservative base, I suppose, and would let them have a few more talking points. However, the crisis in our prisons, which involves substance abuse, rampant gang activity and recruitment, among other things, could be addressed far more effectively by some of the things that others have pointed out and that I hope to describe today. In short, resources for rehabilitation are wanting. I can explain that just by looking at the budget of the organization and how the Conservatives have cut the budget over the years.

The Correctional Service of Canada has admitted that $122 million of Conservative spending on interdiction tools and technology to stop drugs from entering prisons since 2008 has not led to any reduction of drug use in our prisons—zero. Talk about $122 million for naught. How come nothing has been done in light of that shocking statistic? Why have there been no policy reviews or the like? A very high percentage of our offender population abuses drugs.

I have in front of me a report by Michael Crowley who is with the National Parole Board, Ontario Region. He provides a perspective on the topic at issue. His article, “Substance Abuse—The Perspective of a National Parole Board Member”, starts thus:

It is clear that alcohol and other drug problems constitute a major problem for both incarcerated offenders and those who are on some form of conditional release. It is estimated that about 70% of offenders have substance abuse problems that are in need of treatment, and that more than 50% of their crimes are linked with substance use and abuse.

Those figures are shocking. Has the government invested in rehabilitation programs in the prison population to address that?

The answer, sadly, is no. What the Conservatives have done is to increase the prisoner population through their famous mandatory minimum sentences. The population in prisons is exploding in Canada, yet the crime rate has gone down consistently.

Mental health is part of the problem. There has been a failure to address the growing issue of prisoners with addiction, as I have mentioned, as well as those with mental illness. The figure shocks me, but in 2011 some 45% of male offenders and 69% of female offenders received a mental health care intervention.

Despite this staggering figure, the Conservative government has still not even asked for a report from the Correctional Service of Canada on the implementation of recommendations to improve handling of prisoners with mental illness.

How about Ashley Smith, who, members will recall, was a 19-year-old from New Brunswick who died while in custody? A coroner's report said that the CSC remains “ill-equipped” to manage female offenders who chronically injure themselves. What has been done? To my knowledge, nothing since the coroner's report. There has been no response from the government on that. If it is truly interested in dealing with the crisis in the prison population and the number of people with substance abuse problems who continue to find drugs while there, the Conservative government would not pass an irrelevant bill that simply confirms the status quo; it would actually address the problem along the lines of what the Correctional Investigator, the CSC itself, and the prisoner ombudsman have all been saying for years.

An investment in rehabilitative programming would really start to address the problem of violence in prisons and so forth, and it would address the problem of victims when people are released into the community without the tools and then, still with mental illness problems and still with substance abuse, and go on and reoffend. That is where we could actually make a difference.

The problem of double-bunking has been brought up over and over again, and very little has been done to address that problem. Instead, we talk about “zero tolerance” for drugs, as if saying those words will somehow make it so. It certainly is not an effective policy. It does nothing to address the facts of crime and addiction that I have been trying to address in my remarks. Harm reduction measures within a public health and treatment orientation would be far more promising. That is what the Correctional Investigator said in his annual report of 2011-2012 at page 17. Those are recommendations by those who actually know whereof they speak.

The wait-list for substance abuse programming, for example, in our prisons is shocking. According to the CSC data warehouse, the number of offenders wait-listed to attend substance abuse programming as of a year ago, as of November 13, 2013, which does not even include the Pacific and Atlantic regions, is almost 2,000. It is estimated there are probably about 2,400 now.

According to the report of the Office of the Correction Investigator, close to two-thirds of offenders were under the influence of some intoxicant when they committed the offence that led to their incarceration, and four out of five offenders arrive at a federal institution with a past history of substance abuse. What has been done? The Conservatives, of course, have cut the budget for substance abuse programming. According to the Office of the Correctional Investigator, the CSC budget for substance abuse programming fell from $11 million in 2008-09 to $9 million in 2010-11, at the same time as the prisoner population was increased.

The Globe and Mail has done excellent service on another issue in drawing the problem of solitary confinement to Canadians' attention. I was not aware of this, but Canada seems to be leading the way in solitary confinement. Even the United States, with its practices in this area, has decreased the number of people and the length of time in solitary confinement.

The Globe and Mail told the story this weekend of Edward Christopher Snowshoe of Fort McPherson, who suffered from mental health issues. He spent three years in a maximum security prison in Edmonton and tried suicide four times. He was 24 when he hanged himself in a two- by three-metre isolation cell in 2010. He had spent 162 consecutive days in solitary confinement.

This man had mental health issues, yet nothing was done. Putting him in solitary confinement, which The Globe and Mail refers to as apparently a prison management system, was all that was done. Howard Sapers, who was the ombudsman for federal prisons, has been extraordinarily critical of this agency and how it deals with mental health issues.

Are members aware that the suicide rate in the federal prison population is seven times that of the Canadian population, and that there is no cap on solitary confinement? The courts have said there should be a 60-day cap.

There is no response to the Ashley Smith episode. The bill, in summary, will do nothing to address these deficiencies. It is simply pandering to the Conservative base for absolutely no benefit.

Drug-Free Prisons ActGovernment Orders

12:10 p.m.

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, I noted with interest the issue of solitary confinement. I am sure we are all aware of the extraordinary psychological damage this does to prisoners, who are expected to be returned not just to the general prison population but to society at some point.

I was wondering if the member could tell us more about his concerns over a prison system that seems more intent on punishment than on reform and more intent on looking strong than on reforming and rehabilitating. It is a prison system that puts prisoners in harm's way, especially in light of the suicide figures that were quoted.

Drug-Free Prisons ActGovernment Orders

12:10 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I agree with my colleague from Trinity—Spadina on this issue of solitary confinement. If the government really wanted to do something about what is happening in our prison population, it could join with Mr. Howard Sapers, the ombudsman for federal prisoners, and do something.

I was shocked to discover that not only do seven times as many people commit suicide in prison than in the general population, but also that rather than having a rehabilitation system, which is what the rhetoric of the CSC would have us believe exists, we have what The Globe and Mail, in its editorial of December 5, refers to as the “flagrant overuse of solitary confinement – a punitive measure so counter-productive that even the incarceration-crazy United States is putting an end to it – risks undermining the good work the CSC does.” It needs the budget and the tools to address this crisis. It needs to deal with intake, substance abuse, and mental illness. None of that seems to be happening in this bill whatsoever.

Drug-Free Prisons ActGovernment Orders

12:10 p.m.

NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, I wonder if my hon. colleague can give his opinion on the link between acts like solitary confinement and the use of drugs in terms of our better understanding as we move along. Drugs are not always a choice but rather a way in which people hide from whatever pain they are suffering. In the case of people who are going through solitary confinement, how does this help them find a way off of drugs?

Drug-Free Prisons ActGovernment Orders

12:10 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I thank my hon. colleague for his insight. I honestly think that solitary confinement contributes nothing. It is unethical to use it simply as a management tool for overcrowded prisons. A causal link needs to be shown that putting people into solitary confinement to address problems of mental health or substance abuse would make a difference, but there is no such evidence. I have with me reports written for the Canadian Journal of Public Health by Perry Kendall, who is the former head of public health for the Province of British Columbia, which suggest that there is no such evidence.

In other words, these people come in lonely, and two-thirds of them are under the influence of a drug or intoxicant. Most of whom are confined in the prison population, and their behaviour is not changed while they are in prison. It appears that putting them in solitary confinement only exacerbates the problem and does nothing to treat the prisoner. If we are serious about rehabilitation, we should see that solitary confinement is only a management tool and one that we are using far more than our colleagues in other parts of the modern civilized world.

Drug-Free Prisons ActGovernment Orders

12:10 p.m.

NDP

Dennis Bevington NDP Northwest Territories, NT

Mr. Speaker, I too was troubled by the article in The Globe and Mail about Edward Snowshoe. In many ways we could look at putting mentally ill people in solitary confinement as torture, and by doing so we are engaging in an act that is reprehensible and should not be part of a civilized society. What does my colleague think about that?

Drug-Free Prisons ActGovernment Orders

12:15 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, the compassion of my colleague from the Northwest Territories for people like Mr. Snowshoe is well known.

The answer to the question is that it does very little. When The Globe and Mail reached out to the Minister of Public Safety and Emergency Preparedness on this issue, he was not available. However, an email response stated that the government's tough-on-crime agenda amounts to “strong action...to keep our streets and communities safe.” How does the suicide of Mr. Snowshoe in solitary confinement achieve that goal?

The government talks about victims of crime all the time. How does this assist victims of crime? Where are the rehabilitation expenditures in the department? For the Conservatives, it seems that consideration is secondary to looking good to their base by saying that they getting tough on crime. They even had the audacity to title Bill C-12 as a “drug-free prisons” law. That is nonsense. We know that is not the case. All it does is confirm a power that has long been available to the National Parole Board.

Drug-Free Prisons ActGovernment Orders

12:15 p.m.

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I rise today to speak to Bill C-12, An Act to amend the Corrections and Conditional Release Act. This bill is designed to eliminate drugs in prisons. It makes it clear that the Parole Board of Canada may use positive results from urine tests or refusals to take urine tests for drugs in making its decisions on parole eligibility.

We will support this bill, since it gives clear legal authority to an existing practice of the Parole Board of Canada, which we already support. The NDP has been steadfast in our support for measures that will make our prisons safer, while the Conservative government has ignored recommendations from corrections staff and the Correctional Investigator that would decrease violence in our prisons. Since that is our main concern, I think that the only good way to reduce crime, violence and drug use is to invest in human resources, which is what I will demonstrate. I think this is very important, since the problems and solutions can be found in the prisons themselves. All we have to do is listen to corrections staff to better understand what we can do to eventually improve the situation, because that is truly what we want.

The title of Bill C-12 is misleading as this bill will do little to eliminate all drugs from our federal prison system. The government is actually making our prisons less safe by cutting funding to correctional programming, such as substance abuse treatment, and increasing the use of double-bunking, which leads to more violence.

Our priority should be ensuring community safety by preparing ex-offenders to reintegrate into society and making them less likely to reoffend. I still think that an ounce of prevention is worth a pound of cure and that we need to consider all of the scenarios. That requires human resources.

I recently met with staff of the Aumônerie communautaire de Québec, a community organization that promotes the social reintegration of those with a criminal record. The chaplaincy's mission is to support offenders, and their loved ones, as they reintegrate into society. It is a difficult situation for everyone. The organization wants to help them become active members of society who obey the law. The people at the Aumônerie communautaire de Québec are doing a great job. We should continue to support these organizations, which all too often lack resources.

Here is a very good example. People might not know this, but in Quebec City, from 7 to 9 in the morning, there are not a lot of places where people can go to have a cup of coffee and a chat with others who can really be excellent resources. You cannot put a price on that because when people turn to those resources to talk and unwind, they can avoid committing more crimes and make better use of their time. That benefits society as a whole. That is why I am so grateful to the Aumônerie communautaire de Québec, which does unique and exceptional work that we have to support at all costs.

According to Correctional Service Canada, the $122 million that the Conservatives have spent since 2008 to keep drugs out of prisons has not reduced drug use behind bars. A 2012 study by Public Safety Canada reveals that drug-free prisons are not a realistic possibility. Even so, the Conservative government, wedded to its unfounded, ideological stance, continues to invest money in pursuit of an unrealistic, utopian goal for the simple reason that it wants to please its base, and that is just deplorable.

I have to say there has been a very unfortunate side effect of this emphasis on interdiction, and that is that it has interfered with family visits. We know that family support is crucial for social reintegration, especially for those with addictions.

Therefore, spending the $122 million wasted money, interfered with family visits and hurt rehabilitation programs.

However, such an approach is very consistent with the Conservative policy on drugs. Indeed, the Conservatives' misguided approach to public safety has resulted in more prisoners with mental illness in our prison system. A very high percentage of the offender population is struggling with mental illness. At the same time, the budget allocated for core correctional programs, such as drug treatment, has been reduced, and the Conservative government has even closed treatment centres for inmates with serious mental health disorders. The Conservatives have failed to address the growing problem of prisoners with addiction and mental illness. In 2011 for example, 69% of female offenders and 45% of male offenders received a mental health care intervention. That speaks volumes about the federal correctional system, and that is what we should be focusing on here. Once again, this of course comes back to the issue of human resources.

We do know from testimony to the House of Commons over the past 10 years that federal offenders often have to contend with long waiting lists to access core correctional programming that includes addiction treatment. We also know that the conditional release of an offender is regularly delayed due to a lack of capacity to provide timely programs. In seven institutions surveyed in February 2012, only 12.5% of offenders were enrolled in a core correctional program, while 35% were on the waiting lists to access these programs. This results in offenders simply being released after their time is served, with little or no treatment, and this leaves them more likely to reoffend.

This should signal a red alert. Prison should be just a short stint in a person's life, not a final destination with no way out. The most important thing is that once a person gets to prison and has served his full sentence, he must be welcomed back in society and be able to integrate fully into it and become a hard-working, active member of the community. That is what we really want. We want the offender to be able to integrate into society, but he needs to be given the tools to do so. As I said, we must also ensure that he is in optimal health so that he is able do so. The data we have show that we need to be more concerned about that and perhaps change our approach in order to be more effective.

The Correctional Investigator has stated in numerous reports that the corrections system risks unintended consequences when simplistic solutions are applied to the complex issue of drugs in prisons. He has suggested measures such as proper assessment of prisoners at intake into correctional programs to identify addiction problems and provide better access to rehabilitation programs as ways of reducing drugs and gang activity in prison.

As I mentioned, making prisons drug-free is, at best, a legitimate aspiration and, at worst, just a political slogan. It simply is not a policy. We cannot have a policy to eliminate drugs from prisons. We must tackle the problems of addiction and mental health in prisons.

Once again, coming back to our party's real policies, and not the scare tactics the Conservatives like to use, the NDP has always been steadfast in our support for measures that will make our prisons safer. The Conservatives, on the contrary, have ignored recommendations from corrections staff—who are the experts—the corrections unions and the Correctional Investigator that were aimed at decreasing violence, gang activity and drug use in our prisons.

The NDP is determined to create safer communities by providing treatment and rehabilitation programs for inmates that will tackle the problem of drugs and gangs in our prisons and better prepare inmates for their release into society.

There will be less crime, less harm and fewer victims.

The Conservatives' public safety policies are not effective. Inmates who are released find themselves in the same circumstances as before and thus our streets are even less safe.

We have to think carefully and adopt much more significant measures than the ones being brought forward, because we have a serious problem and a critical lack of resources. We have to come up with a much more serious approach.

Drug-Free Prisons ActGovernment Orders

12:25 p.m.

NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I listened carefully to the speech given by my colleague from Québec. She raised some interesting points about how the bill contains some rather unrealistic measures. Since the Reagan years and the 1980s, it does not seem as though the zero tolerance policy has been working.

Today, there are almost 2,000 offenders in our prisons—2,400 if we count those who are on the waiting list to attend a substance abuse program. That is why I believe that the government is not investing enough in programs to help offenders overcome their addictions. Approximately four out of five offenders arrive at a federal institution with a past history of substance abuse. There is therefore a great need, and services are insufficient to meet it.

Would the member care to comment on that?

Drug-Free Prisons ActGovernment Orders

12:25 p.m.

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I would like to thank my colleague for his remarks.

I am a very practical MP and I am in close contact with community organizations that do exceptional work with very few resources. They need more resources so that they can do more.

Quebec City has many shelters, including the YMCA, the Salvation Army, Maison de Lauberivière, the Aumônerie communautaire de Québec or Maison Revivre. Many homeless people have mental health issues. Many of them will eventually get fed up, commit a wrongful act and end up in prison.

We are living in a society where we need to ask ourselves how we can improve the situation in the face of such distress. Our objective is not to fill our prisons. That costs a lot of money and does not allow those individuals to participate in the community. Sending people to prison is not good for anyone.

Prisons are very short on staff to help inmates. They need people such as chaplains and psychologists to listen to inmates, guide them and help them, slowly but surely, recover from their addictions so that they can integrate into the community and be good citizens.

This requires resources, not just on the ground, but also in prisons. That is something we should consider.

Drug-Free Prisons ActGovernment Orders

12:30 p.m.

NDP

Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I thank the member for Québec for her very enlightening speech on the Conservative government's choices.

The previous question was about sending people to prison and not allocating any resources to provide the basic services they need.

In Canada, the government has been passing so-called tough-on-crime bills to send more people to prison. The provinces often end up footing the bill, and there are now more people in provincial prisons.

I do not know what my colleague thinks about this, but the government makes decisions without consulting the provinces, although that is a very important part of every decision, and without regard for who will be footing the bill.

Drug-Free Prisons ActGovernment Orders

12:30 p.m.

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, it is one thing to make laws and do everything possible to have them enforced so that every little crime in Canada is punished. I understand that, but the process costs money and inevitably requires more resources.

First, we need to determine what kind of society we want. I think that far too often the provinces are left to foot the bill.

I think we need to be proactive with the issue and understand what our young people are going through, so that we can help them with clearly defined resources and prevent them from breaking the law. If we hope to identify mental health issues, we need to invest the resources. This could help prevent crime and reduce the likelihood of people going to prison. We need to address this problem proactively.

When someone is incarcerated, we need to look at his or her case and provide adequate resources. Right now, all I see are punitive laws, more people in prison and fewer resources. These people will commit the same crimes if they do not receive help in prison, and this will end up costing us a lot of money in court and prison costs.

We have to be consistent and look at everything in context.

Drug-Free Prisons ActGovernment Orders

12:30 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I rise today to speak to Bill C-12, the optimistically titled drug-free prisons act.

Bill C-12 would amend the Corrections and Conditional Release Act to require parole boards to cancel day parole or full parole if an offender failed a drug test or refused to provide a urine sample and if the board then considered that the criteria for granting parole were no longer met. As the law currently establishes, urine samples may be demanded on reasonable grounds as part of a random selection or as a prescribed requirement of a particular program, such as a substance abuse treatment program.

Bill C-12 would also clarify that conditions of parole or other forms of release may include conditions relating to an offender's use of drugs or alcohol. The imposition of such conditions would explicitly include cases where drug or alcohol use had been a factor in the offender's criminal behaviour.

The Liberals will be recommending that this bill go to committee for further study. However, I would like to reiterate the criticisms that my colleague, the hon. member for Malpeque, levelled at this bill over a year ago.

First, we would all like to see drug-free prisons, yet Bill C-12 takes an exclusively punitive approach to substance abuse in Canada's correctional facilities. Does anyone think this will be effective?

In his 2011-12 annual report, Howard Sapers, the Correctional Investigator of Canada, made the following observation:

A “zerotolerance” stance to drugs in prison, while perhaps serving as an effective deterrent posted at the entry point of a penitentiary, simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.

Mr. Sapers' report specifically stated:

—that a comprehensive and integrated drug strategy should include a balance of measures -- prevention, treatment, harm reduction and interdiction.

In 2012, the Conservative government re-appointed Mr. Sapers, giving him his third consecutive term. Accordingly, one might be tempted to think that the government would take the advice of its chosen adviser. After all, Mr. Sapers' recommendations were the product of careful and politically impartial analysis. Efficacy was the sole motivator.

Why does the Conservative government not listen to the highly qualified individuals who have been hired to give good advice and who are motivated solely by the desire to give good advice?

When Privacy Commissioner Daniel Therrien suggested splitting Bill C-13 into two bills, the government ignored him. When Chief Justice Beverley McLachlin of the Supreme Court tried to warn the government about its legal problem with appointments from the federal court, the government ignored her. We all remember that the Prime Minister and the Minister of Justice even went so far as to slander the Chief Justice for trying to save them from themselves. This is a worrying trend, although I do not expect the government to take my advice, either.

In this instance, ignoring the Correctional Investigator is stunning, or as my Newfoundland colleagues may say, “stunned”. Howard Sapers was vice-chairperson for the Prairie Region with the Parole Board of Canada, director of the Crime Prevention Investment Fund at the National Crime Prevention Centre and executive director of the John Howard Society of Alberta. He served two terms as an elected member of the Alberta legislative assembly, including as leader of the official opposition. He is also an adjunct professor School of Criminology at Simon Fraser University, and he has served as president of the Canadian Criminal Justice Association. That is whose advice the government is ignoring.

Instead of taking that advice, the government is opting for a purely punitive strategy. Yes, the government's only solution to drug use in prisons is to keep more people in prisons for longer periods of time. As Kyle Kirkup wrote in the The Globe and Mail, the government's thinking on criminal justice is summed up by the slogan “Got a complex social issue? There’s a prison for that”.

I suppose this should come as no surprise. Bill C-12 is business as usual for the Conservatives. It is strong on rhetoric and weak on policy.

The government consistently prioritizes optics over substance, Orwellian sound bites over logic and it does Canadians a great disservice. We see it with mandatory minimums. We see it with the failure to use evidence to formulate public policy. In its eagerness to appear tough on crime, the government goes soft on thinking.

Last year, Mr. Sapers shared some deeply troubling statistics with Canadians. His report indicated that Canada's prison population is now at its highest level ever, even though the crime rate has been decreasing over the past two decades.

About three out of four offenders in federal penitentiaries are considered to have addictions, and a very high percentage of those addicts also have mental health issues. Given the context, this new bill's punitive approach is clearly unjustified.

Further, close to a quarter of all inmates are aboriginal, although aboriginal people make up only 4% of Canada's population. In the past decade, the number of aboriginal women in prison has increased by 112%. Aboriginal inmates are also subject to use-of-force interventions and incur a disproportionate number of institutional disciplinary measures. In addition, aboriginal inmates are typically released later in their sentences—80% by statutory release—and are less likely to be granted day parole or full parole.

Still, here we have a bill that does nothing to address the historical injustice and resultant social problems that aboriginal people are grappling with today. Instead, this bill would effectively lock up aboriginal inmates struggling with addictions for longer periods of time.

The issues plaguing aboriginal communities are reported in the newspaper, and we know those are available in this chamber. Therefore, ask, when is the government going to address the problems facing aboriginal communities?

I am disappointed by the government's approach, but I am not surprised. Just a couple of weeks ago we saw what the government did with Bill C-583, the bill from the member for Yukon, that would have made fetal alcohol spectrum disorder, or FASD, a mitigating factor in sentencing. Of course, FASD disproportionately affects aboriginal and northern communities. Bill C-583 was a bill that both the Liberals and the New Democrats were ready to support, yet the member for Yukon agreed to turn the bill into a study, killing his own proposal. One could reasonably infer that the government pressured the member to do this rather than risk being seen—Heaven forbid—as soft on persons with fetal alcohol spectrum disorder. However, I digress.

Speaking of this bill, we need to consider what the correctional investigator said in his 2013-14 report. Specifically, he was critical of the government's continued refusal to develop a comprehensive program. I emphasize the word “comprehensive”. To respond to continued drug use in penitentiaries, he said:

Interdiction and suppression in the absence of a more comprehensive range of treatment, prevention and harm reduction measures will not eliminate the demand (or supply) of contraband drugs or alcohol.

Mr. Sapers also criticized how the government had undermined a key correctional services program on addiction, specifically, its 10% funding cut to the prison methadone program. Mr. Sapers said:

I question the appropriateness of reducing investment in a program that delivers sound public policy benefits from both a health and public safety standpoint.

I could not say it better, and I would strongly urge the government to heed the advice of its chosen advisers by developing a more comprehensive strategy than what this punitive bill represents.

Again, Mr. Sapers set out what that strategy would look like. It would involve an integrated link between interdiction and prevention, treatment and harm reduction. It would involve a comprehensive public reporting mechanism and would involve a well defined evaluation, review and performance plan to ensure efficacy.

Finally, when the bill goes to committee, I would especially urge the government to take seriously any constructive proposals for amendments that emerge. We currently have a punitive bill that would not solve the drug problem in Canada's prisons and that would exacerbate aboriginal incarceration rates. Frankly, we need to do better, and we can do better.

Drug-Free Prisons ActGovernment Orders

12:40 p.m.

Scarborough Centre Ontario

Conservative

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

Mr. Speaker, I want to set the record straight. In fact, there are programs in place in prisons to deal with addiction and drug problems because of this government. I think it would be hard to argue, even for members opposite, that serious crime in Canada has gone down since we have put in our policies.

What we are doing, which I think Canadians recognize, is ending the revolving door of the Liberal justice system. We are ensuring that people who commit serious crimes actually stay in jail, receive the rehabilitation they require and then are released when it is appropriate. However, we will not release someone back into society that has a serious drug problem.

The purpose of the bill is to ensure that if someone has illegally accessed drugs and has tested positive, that person will not be paroled back into society. Does the member agree that is an important principle, or does he feel that someone who has possibly been in jail because of crimes connected to serious drug use or organized crime should be released when still using?

Drug-Free Prisons ActGovernment Orders

12:40 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I agree it is an important principle. However, the approach of the government is this. When the only thing one has in one's tool kit is a sledgehammer, everything starts to look like a rock. While it is an important principle, it is more complex than locking people up and throwing away the key. That is the problem.

It is absolutely the case that we need to reduce the amount of drugs in prisons, but this is a nuance problem and requires a comprehensive approach. As the Correctional Investigator has said, simply locking people up and throwing away the key, which seems to be the answer for everything in the government, is not working, and it will not work. It is high time the government listened to the advice of the good people it has hired to give it impartial advice.

Drug-Free Prisons ActGovernment Orders

12:45 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I listened attentively to my colleague's speech and I want to ask him a question. I believe he is one of the members who sits on the justice committee. I want to ask him about what is not already in place. What is the added value that this bill would bring about, or is it, as usual, a bit of window dressing from the government?

When I look at the legislative summary of the bill, there are already a lot of conditions in place that would address the concerns. He has mentioned the title of the bill. Would the bill really change anything significantly, or, again, is it just window dressing?

Drug-Free Prisons ActGovernment Orders

12:45 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, that is an entirely fair question. Drug testing is already available to the authorities under multiple circumstances, including random drug testing and drug testing where there is reasonable cause to demand one. Drug testing in the case of compliance with a probation order of the terms of release include in them conditions with respect to drug and alcohol use. Therefore, all those things are presently in effect.

This bill calls for drug testing on someone after he or she has been approved for release or parole without the necessary governor or reasonable and probable grounds to demand such a test. It would add one more instance in which drug testing could be made available. However, the member has an entirely fair point that drug testing within the correctional system is already quite prevalent.

Drug-Free Prisons ActGovernment Orders

12:45 p.m.

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I am pleased to rise to speak to Bill C-12. I will refrain from repeating the title, so as not to embarrass the members across the aisle, given their ridiculous attempt to appeal to their base for campaign cash. The truth is that there is absolutely no connection between the bill's title and its objective. This is not to say that the NDP does not support the bill, for we would like to see it go the Standing Committee on Public Safety and National Security for further study. I wish the Conservative Party would stop treating the House of Commons of Canada like a PR firm. First of all, $750 million has been spent over the years on government advertising, sometimes for legislation that has not even passed yet and now for embarrassingly amateur marketing ploys for a simple bill.

Come on. We all need to behave like adults.

Before speaking further to the major differences between the philosophy of the NDP on prevention and rehabilitation and that of the Conservative Party on repression, I would like to sincerely thank my colleagues from Esquimalt—Juan de Fuca and Alfred-Pellan for their excellent work on public safety files. I could not be more proud of these two individuals, who devote so much of their talent, energy and intellect to coming up with intelligent, fact-based public policy that takes into account recommendations by experts in the field.

The NDP certainly does not have all the answers, but it knows how to listen to the experts in various areas under federal jurisdiction. That way, we end up with public policies that will generally not end up before the courts, which is the Conservatives' way.

I would like to begin by pointing out the incongruity of the title of the bill: the “drug-free prisons act”. This is not a government policy. It seems more like a legitimate aspiration that we all share as parliamentarians, but it is not public policy.

The real problem is addiction in prisons. Did members know that 80% of those who go to a federal penitentiary have drug or alcohol problems? That is huge.

Instead of listening to the many recommendations made by the 20 or so witnesses who appeared before the Standing Committee on Public Safety when it was studying alcohol and drug use in federal penitentiaries, the government is just formalizing an existing practice of the Parole Board of Canada. Nothing more, nothing less. Its only plan is to give the bill a catchy title worthy of a feature film featuring the late, great actor and comedian, Leslie Nielsen. Then the young, zealous staffers in the Prime Minister's Office will ask the Conservative Party base for donations because the Conservatives are such good public administrators.

I can say three things about Bill C-12. Once again, as is the case with the work of the Standing Committee on Canadian Heritage and several House of Commons committees, I see that the party in power does not value committee work and that the efforts made by parliamentarians every day in these committees are brusquely rejected out of hand.

The Correctional Investigator has stated in numerous reports that the corrections system risks unintended consequences when simplistic solutions are applied to the complex issue of drugs in prisons. Bill C-12 is limited in scope and is only a tiny step in the marathon that will lead to a reduction in addiction problems in prisons.

Frankly, I have a hard time believing that the member for Lévis—Bellechasse and Minister of Public Safety and Emergency Preparedness is not the slightest bit embarrassed to participate in this public relations scheme that does not in any way constitute effective public policy.

Strangely enough, the government has not made any mention of the fact that the Correctional Service of Canada has admitted that the $122 million dollars the Conservatives have spent since 2008 on interdiction tools and technology to stop drugs from entering prisons has not led to any reduction in drug use in prisons. None. Oops. It has not reduced the use of drugs in prisons. Oops. It is not that difficult to come up with public policy that makes sense. The Correctional Investigator has suggested measures such as proper assessment of prisoners at intake into correctional programs in order to identify their addiction problems and give them better access to rehabilitation programs. This would help to reduce drugs and gang activity in prison.

The following is a quote from the Correctional Investigator's annual report:

A “zero-tolerance” stance to drugs in prison [is an aspiration rather than an effective policy. It] simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.

It seems to me that it is rather easy to ignore an annual report with a quote like that one and then to introduce a weak bill like Bill C-12.

The John Howard Society also supports Bill C-12 and the Parole Board of Canada's discretion on parole eligibility. It believes that this bill will not eliminate drugs from prisons and that this is just a tactic by the Conservatives to ignore some of the real issues in prison, such as mental illness, double-bunking, and inmate self-injury and suicide.

I want to quickly go over some of the government's contradictory public safety policies. If the Conservative government were serious about combatting drug addiction in our prisons, it would not have cut the budgets of correctional programs such as substance abuse programs, for example. It would certainly not have increased double-bunking. The government is just not able to walk the talk when it comes to public safety.

The Correctional Service of Canada budget cut announced in 2012 was $295 million—10%—over two years. Breaking the numbers down, we see that between 2% and 2.7% of its budget is allocated to core correctional programs, including substance abuse programs. Because of the cuts, that core operating budget will shrink too.

According to the Office of the Correctional Investigator, CSC's budget for substance abuse programming fell from $11 million in 2008-09 to $9 million in 2010-11. It is clear to me that these legislative measures, like mandatory minimum sentences, are increasing the prison population even as the government is shutting down certain correctional institutions. We are currently seeing an unprecedented spike in Canada's prison population.

What does all of this add up to? Correctional Service Canada has normalized double-bunking. In December 2012, the prairies were double-bunking at 21%, Ontario at 16% and now Quebec at 10%.

Correctional staff and the Correctional Investigator have repeatedly stated that this practice leads to increased violence and gang activity. The Conservative government's record is not improving; ultimately, inmates are leaving prison without treatment and are more likely to become involved in their previous criminal activities.

The figures support that hypothesis. According to the Correctional Service of Canada data warehouse, the number of offenders waitlisted to attend substance abuse programming as of November 13, 2013—excluding the Pacific and Atlantic regions—is 1,962, meaning that there are likely far more than 2,000 on wait lists now.

We should keep in mind that there are approximately 15,000 inmates in federal prisons. That means there are a lot of people on the waiting list. What it comes down to is that there is no vision and, more importantly, these weak measures are being implemented simply to fill the Conservative Party's coffers.

In contrast, the NDP has a common-sense proposal. Unlike the repressive logic of the party opposite, the NDP is determined to make communities safer with treatment and rehabilitation programs for inmates. As a result, we will be able to better address the drug and gang problems in our prisons. Moreover, inmates will be better prepared to be released into the community.

We also want to protect the safety of correctional staff by eliminating the practice of double-bunking and making sure that resources are put into treatment for offenders with addictions and mental illnesses. The best way to address addiction problems in our prisons is by treating those addictions and not by wasting $122 million on sniffer dogs and technologies that have proven ineffective.

If Bill C-12, with its ridiculous title, is the only thing this government and its pals in the Prime Minister's Office plan to do to fight drugs in our prisons, then clearly, they are not smoking the same cigarettes I am.

Drug-Free Prisons ActGovernment Orders

12:55 p.m.

Scarborough Centre Ontario

Conservative

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

Mr. Speaker, to clarify the record again, the NDP member talks about prison populations exploding, and that is in fact not the case.

That was predicted by many in the media and by the NDP opposition party, and it is absolutely not the case. Again, only the NDP would think it is bad thing that someone who commits a crime actually ends up in jail.

On this side of the House, we believe that if someone commits a serious crime against a person, society, or communities, they should serve appropriate sentences. Our policies are working. Serious crime rates in Canada are down.

I want to ask the member the same question that I asked the Liberal member who spoke previously. The member from the NDP spoke about it, indicating that many who are serving serious time in jail right now are people with addiction and alcohol problems. If this is the case, and people are still getting drugs and alcohol in the prison system, should they be released on parole if they have serious drug or other illicit substances in their blood?

I am asking the member that question because on this side of the House we do not think that is a good idea, especially considering that many of the crimes were committed in conjunction with drug and alcohol problems.

Drug-Free Prisons ActGovernment Orders

12:55 p.m.

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, in response to my colleague across the aisle, I will try to avoid lapsing into the old partisan ways that usually dominate this debate here.

This tendency to suggest that we do not take crime seriously and that we do not want to put people who commit crime in prison is just so low. It reeks of cheap, pathetic partisan politics.

I would like to point out something that simply does not make sense. I am referring to a front page showing a weapon that has been made easily available to people. It is shameful. This does not please the Conservatives' little friends, the ones who fund the party.

Drug-Free Prisons ActGovernment Orders

1 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to pick up on the point from correctional support staff because they often get overlooked when we are dealing with legislation of this nature. The government approaches legislation of this sort with a simplistic attitude, that not having alcohol or drugs in any form whatsoever within our prisons would cure the problems.

I have had the opportunity to have discussions with correctional officers in the past, and they want to have as much harmony as possible within the cellblocks and the ranges because not only is it better for the prisoners, but it is also a safer environment for them.

Does the member believe that the passage of this legislation would help to facilitate a safer working environment for correctional staff?

Drug-Free Prisons ActGovernment Orders

1 p.m.

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I thank my colleague for the question.

Obviously, we are recommending that this bill be studied in committee because these measures have merit. The fancy titles for these measures, however, do not, because although the measures are certainly a good addition, they do not really address the problem.

The Conservatives add these catchy titles to appeal to their law and order supporters. Clearly, there is no real commitment here.

Drug-Free Prisons ActGovernment Orders

1 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

I would remind hon. members that in the course of debate it is usually frowned upon to use props, if they are used in that manner. Members will use documents from time to time and refer to them, but when something is used as a prop to support an argument, that is something that is well to avoid.

Drug-Free Prisons ActGovernment Orders

1 p.m.

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I was listening to my colleague and especially to the parliamentary secretary across the way.

I sometimes get the impression that the government takes this country for the set of a John Wayne movie, where there are good guys and bad guys. Unfortunately, there are rarely any grey areas in this government, but reality is full of grey areas.

I heard my colleague's speech. When I think of the outstanding work he is doing to save Radio-Canada, I feel like taking the Conservatives, pulling them out of their John Wayne world, and putting them directly into a world that helps us better understand the federal prison setting, namely the excellent show Unité 9. This show helps us understand how important it is to have human resources to better serve inmates and especially to ensure that they do not end up back at square one, that they make progress and become better citizens.

What does my colleague think about that?

Drug-Free Prisons ActGovernment Orders

1 p.m.

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I would like to thank my colleague from Québec for her question.

She is quite right in saying that some shows can provide insight into the reality of law enforcement and peace officers at Correctional Service Canada. Their work is extremely difficult and full of challenges, and they constantly face danger.

It is sad to see that we are again going to get caught up in partisanship. Christmas is approaching. I hope that we will hear more than just the partisan messages the Conservatives want to see in their householders.