Mr. Speaker, I am very pleased today to address Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code.
The Bloc Québécois will support this bill, so that it can be reviewed in committee. We support its principle, but we have some reservations about this legislation.
I should point out that, throughout my presentation I will use the logo CSC, instead of the Correctional Service of Canada. First, one objective of this bill is to target, perhaps indirectly, the mandate of the Correctional Service of Canada by making the protection of society the paramount consideration. Currently, CSC's mandate is to protect society by assessing the risk posed by inmates, and to encourage inmates to participate in programs, precisely to help protect society.
However, when the Conservatives talk about protecting society, they mean keeping as many people as possible in jail, for as long as possible. Indeed, under the CSC's mandate, “the protection of society” means keeping people in jail.
However, the protection of society really means to keep the most dangerous offenders in jail, to encourage them to participate in programs, and to rehabilitate themselves because, inevitably, the day will come when they will be set free. That is going to be the case for a large majority of them, whether it is at the end of their full sentence, or after serving two thirds of it. Rehabilitation helps protect society, but the government does not seem to understand that.
In the bill's summary, it is mentioned, as I pointed out earlier, that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process. However, that is clearly spelled out in section 4(a) of the existing act. This consideration already exists.
So then what is the government's goal? Is this just a smokescreen? Just for show? Let us see about that. Is it a change of philosophy? I cannot tell, because this provision already exists in the act.
However, section 4(a) of the current act is found under the heading “Principles that Guide the Service”. The government is taking this section and transferring it under the heading “Purpose and Principles” in the proposed legislation. I think there is a reason behind this change.
Currently, the purpose of the corrections system reads as follows:
The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.
As it is currently stated, the purpose of the correctional system seems to me to be well balanced. I therefore invite all the members who will be serving on the committee when this bill is studied to consider the impact of this change, given the emphasis placed on protection. We need to ask ourselves why this section is being moved. If the change is of no consequence, why make such a big deal about it? But if the change is significant, then we need to know what the government is trying to do by moving this section to the part of the bill on the purpose of the system.
I believe—and I may be wrong—that under the pretext of protecting society, something everyone in this House supports, this government wants to contribute to making some inmates more serious criminals and, inevitably, to weakening public safety. The longer people remain needlessly incarcerated, they more hardened they become.
Penitentiaries are not holiday camps; they are universities of crime. We must not forget that, like it or not, the vast majority of offenders get out of prison eventually.
To my way of thinking, the way to make communities safer is to see that these people are rehabilitated and take part in programs. Offenders not only have to be rehabilitated, they also have to be less dangerous. We have to be honest enough to tell ourselves that there are some offenders who perhaps cannot be rehabilitated, but unfortunately, their sentence will end eventually.
The purpose of the correctional system, in encouraging them to participate in these programs, is to help them pose the least possible danger to society.
Let us look at other provisions in this bill. The bill would give victims the right to make a statement at parole hearings. It would also allow the Correctional Service of Canada and the National Parole Board to disclose information to victims. I feel that this is crucial.
When I was a parole officer, victims told me about finding themselves face to face with their attacker at the corner store. This is unacceptable. In my opinion, victims must be notified when an inmate is released from jail or penitentiary. They must be informed of the person's address. This is essential if there is a chance the offender is living in the same area as the victim. It is also essential that victims be allowed to make a statement at parole hearings.
By putting more emphasis on the victims, the bill also tries to make the offender take responsibility for what he did. I think it is important for victims to be able to participate because that too can help them heal from the attack on them. We have already discussed all that in the Bloc Québécois. There is nothing new here, it is all warmed over. We even developed a plan to fight crime and tabled it two years ago. There is a lot in this bill, therefore, that is old hat, whether street gangs, bikers, or the role of victims in the correctional system or the justice system in general.
We think that the involvement of the victims in the release procedure is likely to further the healing process and bolster their confidence in the justice system. This is essential because people sometimes tell us loud and clear that they have lost confidence in the justice system. Involving the victims is therefore a key point.
Although the current Corrections and Conditional Release Act clearly recognizes the interests of the victims of criminal acts and the role they can play in the correctional and conditional release process, victims and advocates of victims’ rights have told us that the system does not make much sense and they are dissatisfied with the way it works. In a way, these improvements will do a lot to enhance victim access to this kind of process.
The bill also expands the range of information that the Correctional Service of Canada and the National Parole Board can provide. It includes a whole list of measures, for example: to disclose the transfer of offenders; to inform in advance that the offender is in the region; to inform when the offender is in a minimum security institution; and to inform the victim about the offender’s participation in correctional programs and what has been done in regard to disciplinary offences. There are a number of issues to be examined therefore.
This is interesting, but I think we will have to study it in committee to determine which relevant information should be disclosed to victims from the point of view of both their healing and their safety.
I wonder about this, but I do not know the answer. I think we will have to expand on it in committee. Does knowing that an offender is participating in an addiction program or a program for sexual offenders contribute anything to the life of the victim? I do not really know.
We will have to meet these people to discuss the bill and see how relevant this information is. Personally, though, I do not think it is really very relevant. I think it is much more relevant to know that there will be a hearing and the victim can come and testify or simply that the offender was released on such and such a date and is in the area. But we will have to study these issues.
Holding the offender accountable is another interesting point. The offender and the Correctional Service share responsibility for the rehabilitation of the offender and his reintegration into society as a law-abiding citizen. This has been the case for a long time. There is nothing new here and we do not need to re-invent the wheel. An offender’s correctional plan is developed by a multidisciplinary team, the parole officer and the offender himself to help ensure that the offender participates in the programs. When I look at this, I wonder what is new about it because that is what we already have.
Now, it is important to note a point regarding holding offenders accountable. It is fine to talk about programs and accountability, but there have to be programs. Only 2% of the Correctional Service’s budget goes to programs; the rest is used for the security, maintenance and management of penitentiaries. We might wonder what is going on. Inmates wait for months and months before they can participate in a program, when they have agreed to participate in it. There is enormous work to be done in terms of access to programs. It is fine to talk about programs, but there have to be some. This is an important point that I wanted to make.
As well, in terms of accountability, which is a very good idea, there is talk of introducing incentives. I think that is important. We have to encourage inmates to participate in programs with incentives, not with the threat of penalties. That is a point that might be important and a good idea. That is why the Bloc Québécois has proposed that statutory release at two-thirds be granted on merit and not automatically, as is currently the case. Whether or not an offender has participated in programs, he is going to be released at two-thirds of sentence, unless there is a very high risk of dangerousness and the parole officer can do what is called a detention review. If two-thirds were on merit, that could also be a good idea. Certainly, as the Bloc has proposed, release after one-sixth of sentence would also have to be eliminated.
Another point that I think is also a good idea is modernization of the disciplinary system. I will raise several points. We talk about more punishment for disrespectful, intimidating and assaultive behaviour by inmates toward staff and other persons. That is already done. Inmates who engage in this kind of behaviour are penalized. Now, what does penalizing them more mean? Are we going to hang them, too? What are we going to do? I do not understand. There will be records kept that report infractions. That will have an impact on their correctional plan and their parole. Some will be placed in administrative segregation because they are extremely aggressive. What is being added? I really do not understand. I wonder what more is going to be done.
As well, what does “disrespectful” mean? If an 18-year-old flops down on his parole officer’s chair and says he couldn’t care less about his programs, is that disrespectful? Someone else shouts insults at another guard. What is an insult? How is insult defined? Based on what are we going to punish someone? Based on rudeness, or something else? These things have to be clarified because this could lead to considerable abuse.
In addition, there are to be disciplinary sanctions imposed on inmates who throw bodily substances. In my opinion, from what I have seen in my practice, spitting on someone, ejaculating on someone, cutting one’s self and bleeding on someone, an inmate, an officer or someone else, that is already happening.
CSC does not tolerate that kind of behaviour. Those people are already being punished.
Another point I find most intriguing: restricting visits for inmates in segregation. Most inmates in preventive segregation are there for their own protection. Sometimes, they even request it themselves. Are we going to prevent these people from seeing their family members and other visitors?
We have to take a closer look at this. We have to understand one thing. The prison system is already punishment in and of itself. People commit a crime and end up in prison. They are already being punished. We do not need to punish them further. That is already part of the correctional system. I do not understand what the government is trying to add.
As to disciplinary measures, I would like to raise one point. I would like to talk about people with mental illness. Right now, as part of the committee's study, members are asking a lot of questions about people with mental health issues and those diagnosed with autism or severe disabilities. I have seen people like this in my practice. Should the correctional system be handling them? That is not the answer.
When it comes to discipline, a person with one of these illnesses will not react like a person who does not have mental illness. How are we going to define unruly behaviour when it comes to these people? We cannot focus solely on discipline when dealing with inmates who have serious behavioural disorders, serious or mild intellectual disorders or mental illness. We have to take a closer look at this. It is fine to talk about discipline, but we have to recognize that not everyone is equal when it comes to behaviour. I think we have to take these differences into account.
This government claims that it is working to protect society. It says this is one of its priorities. We hear that a lot.
I would like to highlight some things I find a bit strange. When we talk about protecting society, we are not just talking about building prisons, investing more money in police forces and arresting people, but we are also talking about prevention and rehabilitation. I find it amazing that the Minister of Public Safety refused to finance a program aimed at reducing recidivism among individuals convicted of sexual offences. In fact, those who run that program, called Circles of Support and Accountability, were given no explanation for the rejection of their request. Moreover, it met all criteria and even the National Crime Prevention Centre was in favour of granting them money. The program has been in existence for 15 years and has proved its worth in Britain and in the United States. That is one example of something I find strange.
I have another example. In my riding, there are a few halfway houses. One of them is special because it takes in people with mental illnesses who have committed sexual offences, such as pedophiles. I have repeatedly asked this government to make sure that Correctional Service Canada does not transfer pedophiles close to schools. The Commission scolaire de Montréal even adopted a resolution to support that request. Not only is there a school close to that halfway house, but there is also a daycare centre with more than 50 children nearby. It is a case of putting the fox among the chickens.
When we talk about safety and protection, we are not talking only about prisons. Plugging the holes is not enough. We must take concrete action. We do not need new legislation. The commissioner needs to be called, given a directive and told that that is enough and that no pedophiles should be put in halfway houses close to schools. That is not a complicated thing to do.
