Bill C-39 (Historical)

Ending Early Release for Criminals and Increasing Offender Accountability Act

An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts

This enactment amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) provide that a correctional plan is to include the level of intervention by the Service in respect of the offender’s needs and the objectives for the offender’s behaviour, their participation in programs and the meeting of their court-ordered obligations;
(c) expand the range of disciplinary offences to include intimidation, false claims and throwing a bodily substance;
(d) establish the right of a victim to make a statement at parole hearings;
(e) permit the disclosure to a victim of the name and location of the institution to which the offender is transferred, the reason for a transfer, information about the offender’s participation in programs and convictions for serious disciplinary offences and the reason for a temporary absence or a hearing waiver;
(f) eliminate accelerated parole review;
(g) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(h) authorize a peace officer to arrest without warrant an offender for a breach of a condition of their conditional release.
This enactment also makes consequential amendments to other Acts.

Disposition of Abolition of Early Parole Act

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I listened closely to the comments of the member in this chamber, and I am a bit surprised, because he is actually engaging in substantive debate around the bill to which the time allocation motion applies. However, what is really before us in the House today is the time allocation motion itself and the government cutting off the amount of time for debate on the bill.

We should not be debating the merits of the bill itself at all, yet I just heard the member say that all kinds of crime bills have been stalled at committee.

Let me give the House a number of the bills that have now passed through the Standing Committee on Justice and Human Rights: C-4, C-5, C-16, C-17, C-21, C-22, C-23A, C-23B, C-39, C-48, C-50, C-51, C-52, S-2, S-6, S-7, S-9 and S-10. Can the member really suggest that the crime agenda of the government is being stalled?

Some of us would argue they are the only bills we have been dealing with in the House. I wish the member would return to what we are really debating here tonight, and that is the time allocation motion, not the substance of the government's crime agenda.

[Shelly Glover, Conservative, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, I welcome the opportunity to express my support for this motion, one that will help us deliver the essential reforms proposed in Bill C-59.

We must make no mistake that Canadians rightfully expect that white collar offenders will face consequences for their actions. Today I rise in the chamber to support this motion knowing, like other members, that Canadians have asked us to stand up for the rights of victims of white collar crime. Standing up for those rights means taking action and the motion before us today would do exactly that. It would help ensure the quick passage of Bill C-59.

There may have been a time when Canadians saw white collar crime as a faceless victimless act targeting corporations instead of households. However, I think we can all agree today that fraud and other crimes of this sort can ruin the lives of individuals and their families. The financial security that comes from years of responsible saving can simply vanish overnight. Lives can be instantly turned upside down.

We have a real opportunity before us to fix this problem through Bill C-59. This government has been unwavering in its commitment to better balance the rights of victims with those of offenders. This belief has been at the forefront in driving our public safety and justice agenda. We continue to take several steps to listen and respond to concerns from victims.

One of the early initiatives of this government was the creation of the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims. As a further signal of our commitment to better meet the needs of victims, we committed $52 million over four years to enhance the federal victims strategy. We wanted to ensure that victims were given more opportunity to be heard in the corrections and conditional release process and we wanted to help victims gain access to the information and services they might need.

The National Office for Victims at Public Safety Canada is delivering on this very important work. These efforts also extend to the Policy Centre for Victim Issues at the Department of Justice. Resources made available by the policy centre can help victims attend parole hearings or seek assistance if they experience crime while outside of the country. Not knowing where to turn for help can be an added burden on a victim, one that this government wants to help ease.

The Department of Justice Canada now offers an online victims services directory organized by type of crime experienced and support services offered locally. In addition to these steps, our legislative agenda clearly confirms our commitment to better balancing the rights of victims and law-abiding citizens with the rights of offenders.

We introduced reforms that ensure victims have the right to make statements at Parole Board of Canada hearings. At the same time, we have introduced measures in Bill C-39 so that offenders cannot withdraw their parole applications 14 days or less before a hearing date, ensuring that victims do not travel needlessly to attend a hearing that will not take place.

We passed legislation that targets identity theft and identity fraud, crimes that are growing in frequency and in damage. These reforms were asked for by victims and this government responded. Victims duped by white collar offenders are rightfully angered to learn that these offenders can be eligible for supervised release soon after they are sentenced. As it stands, these offenders will be released into the community under supervision after serving one-sixth of their sentences unless the Parole Board of Canada has reasonable grounds to believe these offenders will commit a violent offence if released. Again, this is simply unacceptable.

Let us consider this scenario, one that I, like most Canadians, would find appalling. A white collar offender, whose fraudulent acts may have victimized many, could automatically receive day parole two years into a 12-year sentence. This same individual, who may have emptied the savings of several families, could be granted full parole at four years.

The Parole Board of Canada needs to have the discretion it now lacks in dealing with these cases. The only test now is whether an offender is likely to commit a violent offence. Even when the Parole Board believes the offender is likely to commit another offence, including fraud or theft, it is able to release them if he or she does not meet that test.

Bill C-59 would eliminate the current system of accelerated parole review whereby offenders who commit non-violent crimes, such as fraud, can be released on day parole after serving one-sixth of their sentence.

Bill C-59 proposes the much-needed reforms that would treat those who commit fraud and other white collar crimes the same way as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentence.

This government firmly believes that those who commit crimes must be held accountable for their actions, and we took steps accordingly. Victims asked us to, Canadians asked us to and now I ask all hon. members in this House to join with me in supporting the motion before us today. We must ensure the timely passage of Bill C-59. We have a shared responsibility to answer victims and their needs. Let us deliver on that commitment.

[Kevin Sorenson, Conservative, Crowfoot, AB]

Madam Speaker, it is a pleasure to rise in the House to speak to this bill. I will be splitting my time with the member for Saint Boniface. I look forward to her speech.

It is not that often that I get to stand to support a colleague from the Bloc Québécois on a bill, but I am appreciative that we can do it in this case.

It is a pleasure to speak to this today and to ensure that Bill C-59 passes into law in a timely and forthright manner.

One of the reasons I feel good about speaking to the bill is this is one of those policies or issues, which 10 years ago, when I was first elected or even running in the nomination, we wanted to have changed. Indeed, it has taken a long time, but when we sense that there is a possibility of this coming into effect, it gives us reason for celebration.

Allow me to begin by emphasizing that the Government of Canada is committed to an approach to crime that places a stronger emphasis on protection of society as a guiding principle for corrections and conditional release. This approach will strengthen victims' rights. It will also increase offender accountability and help offenders to take responsibility for the acts they have perpetrated.

Under the current system, accelerated parole review provides a streamlined parole review process for non-violent offenders serving their first penitentiary sentence. Currently, non-violent offenders can access day parole at one-sixth of their sentence. Then they can receive full parole at two-thirds of their sentence.

The issue of accelerated parole review has been debated here as well as in other venues. It has been debated in the media for a very long time. We are all only too aware of the terrible consequences, both short and long term, that white collar crime, such as fraud, can and does have on the lives of Canadians. We acknowledge that Canadians want the Government of Canada to take action to ensure that white collar offenders are held accountable for their actions. Canadians also want the Government of Canada to do what is right and act in the interests of victims of the crimes. Citizens, constituents and the general public have been very clear. They want us to take action now and they want us to take action quickly, which is what the motion today is about.

We fully understand that crimes of fraud victimize a great number of people. These crimes are not only committed against large corporations, other corporations, or even governments, but individual Canadians and their families are victims as well. We are determined to put an end to such crimes and to give offenders the sentences and the prison time they deserve.

Certainly there is a human face of fraud. It is safe to say many Canadians are often shocked and angered by the harm caused by these acts. Savings have been wiped out. Lives have been ruined. For many victims, the sad and tragic truth is that they can never return to the financial position they were in before the crime was perpetrated. It is both unjust and unacceptable that today, under the current system, white collar offenders can be released after one-sixth of their sentence is served in prison for their crime.

Bill C-59 is one of the milestones that will make the kind of important changes needed to support Canadians who have become victims of crime. Helping victims of crime has always been at the heart of the government's public safety and justice agenda. Our government is committed to ensuring that their voices are heard and that their concerns are taken seriously. In fact, we have already taken concrete steps and have made genuine progress as part of our important agenda.

In June of last year, for example, this government set the stage for reforming our corrections system by introducing Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts. The proposed amendments include key reforms in four main areas: first, enhance sharing of information with victims; second, enhance offender responsibility and accountability; third, strengthen the management of offenders and their reintegration; and fourth, modernize disciplinary actions.

We are determined to implement the kind of initiatives to ensure the scales of justice are balanced to include victims.

Other initiatives that we have already taken include the commitment of $52 million over four years to enhance the federal victims strategy so that government can better meet the needs of victims.

We also created the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims to access.

The National Office for Victims at Public Safety Canada is also working to give victims a greater voice in the corrections and conditional release process. It also assists victims in getting access to the information and the services that they may need.

The Policy Centre for Victim Issues at the Department of Justice is also helping the government to better meet the needs of victims, for example, by giving them resources to attend parole hearings and to seek help if they experience crime while they are abroad.

We are also helping victims connect to the services they need through the online victim service directory, which is available on the Justice Canada website. The directory helps victims search for appropriate agencies in their area according to the type of victimization that they have experienced and the type of support that they are seeking. We hope it can help ease the burden on victims of crime who, in some cases, do not know where to turn or what services are available to them. Many in rural parts of the country question whether or not a certain resource is available to them in rural Canada.

We have also made sure that victims have a greater say in this country's parole system by introducing legislation that, among other things, would enshrine in law a victim's right to attend and to make statements at Parole Board of Canada hearings while preventing offenders in most cases from withdrawing their parole applications 14 days or less before a hearing.

Victims of white collar crime and of fraud, in particular, have been dismayed in many cases to find out that the offenders who carry out these acts can be released so soon after they have been sentenced and after they have been perhaps incarcerated.

Unless the Parole Board of Canada has reasonable grounds to believe offenders will commit a violent offence if released, it must automatically release them into the community under supervision. This means that in some cases a fraudster, for example, can be back on the streets much too early. Such an offender could be sentenced to 12 years in prison but he or she could actually be released into the community on day parole in just 2 years and receive full parole in just 4 years. This is not acceptable to many Canadians and it is not acceptable to the Government of Canada.

The status quo gives the Parole Board of Canada limited discretion in dealing with these cases. The test is whether an offender is likely to commit a violent offence. As a result, even if the Parole Board believes the offender is likely to commit another fraud, another theft or another drug offence, it is compelled to release the offender back into the community.

This offends my constituents. It offends most Canadians. It offends them because they believe there is no justice. It undermines their faith in our system. It undermines their faith in the Correctional Service of Canada. Victims want to see these sentences served.

I commend the Bloc for allowing us to proceed with this. I thank the House for the opportunity to speak to this important motion.

[Maria Mourani, Bloc, Ahuntsic, QC]

That is exactly why they did it in a press release.

The Bloc Québécois does not care whether the Bloc or the government sponsored the bill. However, this does seem to be important to my colleague, the Liberal public safety critic. That is not what is important. What is important is that we abolish the one-sixth rule, that we get rid of accelerated parole review, and that we stop undermining our current justice system and people's confidence in our ability to protect them.

The Conservatives have not yet grasped that people do not want harsh sentences, they want sentences that are served. They want sentences to be served in their entirety. Therefore, this Conservative negligence is further proof that this government is, in my view, more concerned with putting on a show than anything else.

However, I am assuming that this goodwill could perhaps shed a little more intellectual light on their view of public safety. I invite them to support other Bloc bills that are currently in the works, effective bills that will ensure public safety and victim protection.

The first Bloc Québécois bill, Bill C-343, would support the families of victims of crime. I will not repeat it, but this bill has received a great deal of support, and I invite them to support it. Another Bloc bill, Bill C-608, would amend the Criminal Code to make it an offence not to report to the authorities instances of sexual or physical abuse of children. I invite them to support this bill as well as my bill on human trafficking, which would make it possible to impose consecutive sentences on traffickers and pimps and also to seize the assets of these criminals. Let us keep the momentum going: I invite them to support our other worthwhile bills.

And now I would like to discuss the urgency of this situation. Why pass this bill quickly and therefore limit the time for debate, given that there is obstruction on all sides? They would prefer to talk about it for days, months, or even years. The question is “"Why?” The answer is: Because it is urgent. We now know—and we all know it—that this provision is absurd, that it makes no sense and that it should be eliminated. We all know it. Yes, it is true that Earl Jones will soon be eligible, but he is not the only one. There are many guys like him that the media do not talk about, who get away with it and discover that crime pays well, because they are making money. They go to prison for a few months and then they are out again.

The Liberal Party of Canada and the NDP are saying that we have plenty of time to study this bill and that the overall system needs to be looked at. That is not true. When we look at Bill C-39, which is currently before committee, we see that not witnesses have yet been heard. And so, debate on the bill at committee stage is far from complete and it still needs to be sent back to the House. I can assure you that at this pace, we can expect Earl Jones and all the others like him—in Quebec, Canada or elsewhere—to have been released.

We cannot forget that Bill C-39 includes a number of provisions. It will clearly take longer to study than Bill C-59, which has only one provision.

It would be untrue to say that splitting Bill C-39, as we did, is wrong and should never be done because it would be dreadful. That is hypocritical. In fact, last summer we split Bill C-23, much to the pleasure of the Liberals and the NDP. We kept certain provisions. Other provisions are currently being studied in committee.

I would like to remind the Liberal and NDP members that, if their current irresponsibility were copied by the majority of parliamentarians—which I hope will not be the case—it would lead to the possible early release of another economic predator, Mr. Jones.

Moreover, Judge Hélène Morin had the following to say about Earl Jones. She gave the example of the case of one of Mr. Jones' victims, Ms. JD—her real name has not been released. The story is quite tragic and shocking. Ms. JD's husband was killed by mass murderer Valery Fabrikant at Concordia University in 1992. While she was in mourning for her husband, she turned to Earl Jones for financial and management advice. She had accompanied her husband to a financial planning session in Pointe-Claire a few years previously.

To Ms. JD, Earl Jones seemed incredibly comfortable managing money, an area with which she was not very familiar. Over the years, she began to allow him to make decisions on her behalf more and more frequently.

This woman suffered unbelievable grief as a result of the actions of mass murderer Valery Fabrikant and then she found herself the victim of another predator, this time a financial one, Earl Jones. Can we put ourselves in this woman's shoes? Can we imagine how she must have felt when she found out that this man was going to get out of prison after only a few months? Do we agree that this is not right? And since it is not right, this partisan attitude is even less appropriate. Such an attitude should not prevail here. The public interest should be our priority.

Judge Morin said that Ms. JD was upset when Earl Jones made the headlines. The media described him as a financial predator but she believed that he actually cared about her and her family.

I am not making any of this up. It is normal. Those who commit a fraud of this magnitude and even those who commit smaller-scale fraud are very skilled manipulators.

Judge Morin added that, after all, Mr. Jones had counselled Ms. JD following the death of her husband. Before abandoning him, Ms. JD wanted to know the truth. As she wrote in her statement, the truth was that he had abandoned them, her and the others. He did not have any pity for his clients regardless of their age or needs. In addition to having to deal with the tragic death of her husband, she also had to deal with being a victim of the accused.

This guy was absolutely merciless. And he is just one of many. Fraudsters of that ilk, and even small-time fraudsters, show no mercy for their victims. For them, it is a way to make a fast buck. We can imagine how important it is to keep these people in prison in order to rehabilitate them and to reduce the factors that led them into crime. If they get out after a few months, how can we work with these men and women—for there are also women who do this—and rehabilitate them? It takes time.

However, when a law states that they must be transferred to a halfway house after one-sixth of their sentence is served, how can they participate in any programs on the inside? Is it safe to say that all risk factors have been reduced at that point? Have they worked on their criminogenic factors? Not everything is being considered here.

The petty politics that the Liberals and NDP are playing are only going to help people like Earl Jones and Vincent Lacroix, who are merely symbols; there are many others. The Liberals and NDP are going to allow their release, even though such criminals have not necessarily had the opportunity to take programs that target their criminogenic factors.

In my riding, in Montreal and Laval, we also had our fraudster. There have been a few, but one really stands out: Leon Kordzian. He unscrupulously cheated 25 people in Montreal and Laval out of $1 million.

He speaks several languages and is very intelligent. He defrauded a number of people of Armenian, Lebanese, Iraqi, Greek and Italian origin. He recruited them at a small, well-known, local coffee shop. He had contacts. It is even said that he might have had a contact at the bank. These people lost everything: their retirement, their homes. They are living a nightmare.

At the end of January, the leader of the Liberal Party came to my riding and was five minutes away from the coffee shop where Mr. Kordzian had operated. Did the Liberal leader meet with any of this fraudster's victims? Will he meet with them to explain that, because of his petty politics, this fraudster might get released after serving one-sixth of his sentence? Whether this happens in Ahuntsic, in Canada or in Quebec, the Liberals and the NDP will have to be accountable for this.

In closing—

Motion that debate be not further adjourned

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, the member will know that Bill C-39 has been at committee. That is what we are talking about. We are talking about the white collar crime bill. We have hived off part of the bill in an attempt to get it passed. That is what I am talking about. I am talking about standing up for the victims of white collar crime. The bill has been languishing at committee. It is not being debated. We have taken away part of the bill. We have split it in two. In effect, we have created a new bill.

Now we are calling upon coalition members to stand together and stand up for victims of white collar crime. That is exactly what they should do. They would feel better for it in the long run.

Standing Committee on Finance

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I am saddened today to feel the obligation to rise to address comments with regard to the question of privilege raised by the member for Kings—Hants on February 7.

It is like the movie Groundhog Day. Anyone is familiar with that movie knows it was very successful. American actor Bill Murray relives the day over and over again until he learns his lesson.

It appears the government is reliving the same thing and forcing all other members of the House of Commons and Canadians to relive the same days we experienced back in 2009-10 with regard to a request from the special committee on Afghanistan for the production of documents from the government. The government resisted that. It took a question of privilege to be raised in the House. It took comments from many members of the House. It took considerable reflection and study on your part, Mr. Speaker, before you made a ruling that there was a prima facie case of privilege in that regard.

Yet, again, we are faced with the exact same situation today.

If I look at the timeline, the House of Commons Standing Committee on Finance tabled its 10th report on Monday, February 7. The member for Kings—Hants, pursuant to that report, raised the question of privilege of which we are now all aware.

I want to concur with the arguments raised by my colleague for Kings—Hants, as well as those raised by my colleagues from Mississauga South and Windsor—Tecumseh on the issue.

However, I wish to note a number of points. I also wish to address, in particular, the issues of cabinet confidence and the requests with regard to all the justice bills. It is important to do so, particularly with the time of events and the government's response to date to the committee's requests for the production of documents. We have not yet heard the government's response in the House with regard to the question of privilege.

On November 17, 2010, the Standing Committee on Finance passed a motion, ordering the Government of Canada to provide the committee with five-year projections of total corporate profits before taxes and effective corporate tax rates from the 2010-11 fiscal year until the 2014-15 fiscal year, inclusive. The November 17 motion also ordered the government to provide the committee with certain financial information pertaining to justice bills, which I will enumerate.

As all members in the House know, I am the justice critic for the official opposition. Therefore, all the information, all the documents requested through the motion of the finance committee have direct pertinence to the committee on justice and human rights. Those justice bills were Bill C-4, the youth criminal justice bill, Bill C-5, Bill C-16, Bill C-17, Bill C-21, Bill C-22, Bill C-23A, Bill C-23B, Bill C-39, Bill C-48, Bill C-50, Bill C-51, Bill C-52, Bill S-2, Bill S-6, Bill S-7, Bill S-9 and Bill S-10.

The motion specifically requested:

—detailed cost accounting, analysis and projections, including assumptions, for each of the bills and Acts, conducted in accordance with the Treasury Board Guide to Costing.

Members are now aware, by the issue of privilege raised by the member for Kings—Hants, that the motion established a deadline of seven calendar days, which ended on November 24, 2010.

On November 24, Finance Canada replied to the committee, and I will read the department's response in its entirety because it is quite important, particularly to any Canadian and any member sitting in the House who takes his or her work as an elected official representing Canadians, a sacred duty in fact, to know the response. It said:

Projections of corporate profits before taxes and effective corporate income tax rates are a Cabinet confidence. As such, we are not in a position to provide these series to the Committee.

The department claimed it was not in a position to provide these documents to the committee because, according to the government, these documents were a cabinet confidence. That is the heart of the matter. Do the documents requested constitute a cabinet confidence and, if so, are they excluded from the rule of the House of Commons, the power and authority of Parliament, to require documents to be provided?

As the House knows, because it has been mentioned by others in the House who have commented on the issue of privilege raised by the member for Kings—Hants, the government has yet to speak to this issue. I understand that one of the parliamentary secretaries has said the government is taking note of all of members' comments in the House, relating to the issue of privilege, and will respond in due course.

On December 1, 2010, one full week after the deadline of November 24, 2010, the committee received a reply from Justice Canada regarding projected costs of the justice bills. I will read the response by Justice Canada in its entirety. It said:

The issue of whether there are any costs associated with the implementation of any of the Government's Justice bills is a matter of Cabinet confidence and, as such, the Government is not in a position to provide such information or documents.

That is interesting because in justice committee, of which I am a member, when we have repeatedly asked the minister for the cost analysis of a government bill before the committee, the minister has never stated that he could not give us that information because it is a matter of confidence. I would challenge members to check the transcripts of justice committee. What I did hear was he did not have the information with him or some befuddled answer that did not answer the question.

On December 7, 2010, after the government had refused to provide the information ordered by finance committee by the established deadline, the member for Kings—Hants provided the committee with written notice of a motion by which, if passed, the committee would draw the attention of the House to what appeared to be a breach of its privileges. That has been done. The committee adopted the motion and the member for Kings—Hants rose in the House to speak to the issue.

On December 10, the committee received an additional response from the Department of Finance Canada in answer to its motion ordering the production of documents relating to the projections regarding corporate taxes before profits.

In response, the department stated:

To the best of its knowledge, the Department of Finance has determined that [the] "series" or projections of corporate profits before taxes or the effective corporate income tax rates have never been previously disclosed. These projections are from a comprehensive economic and fiscal projection that constitutes a Cabinet confidence.

To reiterate, according to the second or additional response of the Department of Finance to the finance committee, the Department of Finance, acting on behalf of the government, claimed that these projections have never been previously disclosed and constitute a cabinet confidence.

As pointed out in this chamber before, but which bears repetition, I would suggest to any Canadian to Google the phrase, “Corporate tax profits before taxes”, and restrict their search to the domain of the Department of Finance Canada. That Canadian would get exactly two results: the HTML and PDF versions of “The Economic and Fiscal Update“ from November 2005. In that update, we find precisely the information that the Department of Justice, in its December 10 additional response to the finance committee, claimed had never previously been disclosed because it constituted a cabinet confidence. In fact, it was disclosed in the November 2005 economic and fiscal update that was issued by the previous government comprised of the Liberal Party of Canada's elected members of Parliament.

Therefore, the assertion on the part of the government, through its Department of Finance, justifying its refusal to obey, respect and act on the order of the finance committee to produce the documents is an outright fabrication.

The government department could have said that in the past the information had been released, but that the policy had been changed with a new interpretation of what constituted a cabinet confidence and, as a result, would not be releasing those documents to the finance committee. However, that was not the reason given by the department, by the government, for refusing to release that information. The reason given to the committee for not providing that information, that it is a cabinet confidence, is pure nonsense.

What is the state of legislation regarding cabinet confidence?

As mentioned, one can look to the Access to Information Act and the law of evidence act, and one will find that the government does not have a leg to stand on, and in fact does not have two legs to stand on.

Any reasonable Canadian reading the pertinent sections of the Access to Information Act and the law of evidence act would see that the two responses given by the Department of Finance and the response given by the Department of Justice are nonsense.

As I said, we know that in 2005 the previous government recognized that projections of corporate tax profits before taxes were not covered by cabinet confidence. Such projections are not considered a cabinet confidence when, as is the case with Finance Canada's revenue model, these projections are used by the department in a manner not exclusively related to cabinet operations.

What has changed between 2005 and 2010-11? On what grounds is the government now claiming that these projections constitute a cabinet confidence when there was no such assertion in the past and governments in the past have in fact provided and disclosed that information?

The costs of the justice bills are also important because the Department of Justice, as well, replied to the finance committee by claiming cabinet confidence as a justification for not releasing that information to the finance committee.

We know that due diligence would have required that cabinet consider the cost implications of each justice bill before making a decision to proceed with each bill. We know that under normal practices, an analysis of the cost implications of each justice bill would have been included with the memorandum to cabinet prepared for each justice bill.

Why do we know this? We know it because the Liberal Party of Canada has formed government in the past. We know that when we came power the government that preceded us, the one formed by the Progressive Conservative Party of Canada, had done that as well. So these are normal practices. These are practices of a prudent, diligent and competent government.

No diligent, prudent and competent government would consider an issue, whether amendments, or a justice bill bringing in new legislation to the Criminal Code or amending existing sections of the Criminal Code, because that constitutes government policy, would do so without informing itself of the cost of those changes.

That is what previous governments have done, because those previous governments, whatever their faults, have followed prudent, diligent and competent practices with regard to taking decisions on issues brought before cabinet.

As I said, we know that under normal practices, an analysis of the cost implications of each justice bill would have been included with the memorandum to cabinet prepared for each justice bill.

Now let us look at the legislation that deals with what is, or is not, cabinet confidence and whether or not something that falls into cabinet confidence can be accessible.

If one looks at section 69 of the Access to Information Act, it tells us that such analysis and background information is not, and I repeat, not, a cabinet confidence, if the cabinet decision to which the analysis relates has been made public.

A cost analysis of the implications of a justice bill should have been included, and I believe was included, in the memorandum to cabinet, as it is on each and every justice bill.

Business of the House

[John Baird, Conservative, Ottawa West—Nepean, ON]

Mr. Speaker, boy, have I mellowed. I would not have said such nice things about the Badger even just a few short years ago, but I have mellowed and have become so quiet and soft-spoken since I arrived on Parliament Hill.

I would like to the thank the House leader for the official opposition for his questions.

With respect to Bill S-10, it is an incredibly important piece of legislation that goes after people who traffic in drugs, sell drugs to our children and who traffic in date rape drugs, which is something that is incredibly serious in many parts of the country. We want to see that bill passed and we will move forward on a path to allow it to be passed.

With respect to the bill on human trafficking, we want to see that passed. Again, it is an important piece of legislation. We do not want to provide the Liberal Party with an early opportunity to kill that good piece of legislation. I know they are anxious to kill legislation that is tough on crime, but we are going to stay focused.

Getting back to the business of the House, we will continue today with the Bloc opposition motion.

The parties are currently negotiating a way to proceed with Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. This is a modified version of what makes up part of Bill C-39, a bill that has been at the public safety committee since October 20, 2010. This is an important piece of legislation. The thrust of it has already received agreement in principle from this House. We will be continuing the negotiations on it, or dances, depending on how one defines that, with all parties on this issue.

Given that Bill C-59 will prevent fraudsters from getting out of jail after serving only one-sixth of their sentence, I hope there is sufficient support to move on this initiative without further delay. Tomorrow, therefore, we will either debate Bill C-59 or a procedural motion relating to Bill C-59.

Following Bill C-59, the government intends on calling Bill C-42, Strengthening Aviation Security Act; Bill C-46, Canada-Panama Free Trade Act; Bill C-55, Enhanced New Veterans Charter Act; Bill C-20, An Action Plan for the National Capital Commission; Bill C-8, Canada-Jordan Free Trade Act; Bill C-57, Improving Trade Within Canada Act; Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act; and Bill C-12, Democratic Representation Act.

I could come back with more if we could get all of these bills passed on Monday.

That is the agenda for next week.

[Siobhan Coady, Liberal, St. John's South—Mount Pearl, NL]

I'm basically hearing that you're not the least bit concerned, because you've already made the efficiencies within your own budget. You're not concerned about having to hire 4,000 new employees—getting in effect a 6.5% reduction in your budget—I'm still trying to square that peg—even with the savings you've found under deployment and new efficiencies.

I'm going to ask you a question, and this is all about the Truth in Sentencing Act. We look at what the Parliamentary Budget Officer did in looking at that area and the requirements that are going to be needed by the correctional services under that act.

Now, there are many other acts, and I'm just thinking of what's before us today. Bill S-10 is before us today. We've got Bill C-4, Bill C-39; we've got a number of other acts. Bill C-39 is the act to amend the Corrections and Conditional Release Act. Bill S-10 is an act to amend the Controlled Drugs and Substances Act. Bill C-4 is an act to amend the Youth Criminal Justice Act. They can't be fitting into your plans, I don't think, at this point because you're still going through the process. Yet I think the Conservatives are hoping that the process will come to a quick conclusion.

The impact is going to be layered on top of the Truth in Sentencing Act. Are you not concerned that instead of being tough on crime you're going to be wrong on crime, in the sense that the judicial system will face an overburdened point where criminals may actually not be punished in the right and proper manner?

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Thank you, Mr. Chair.

Mr. Marshall and the other two witnesses, thank you for your testimony.

Since it seems that you have to leave in a few minutes, I will direct my question to you. You heard our chair’s question about the need for longer sentences so that offenders can get good treatment. Our government has introduced Bill C-39 that deals with earned parole. You must know that we cannot force an offender to follow treatment. A person who does not want to follow treatment will just serve the sentence and then be released. If inmates have a federal sentence of two to three years, do you think they should be forced to undergo treatment with professionals, of course, so that, once they served their sentence, they have at least earned their release? At the moment, an inmate cannot be forced to do so. That's my first question for you.

My second question is...

Justice

[Joe Preston, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, this Conservative government is committed to getting tough on crime and criminals. That is why our tough on crime agenda includes legislation to crack down on white collar crime and to protect the most vulnerable Canadians.

Can the Minister of Public Safety please update us on the status of Bill C-39, the early release for criminals and increasing offender accountability act?

Standing Committee on Finance

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I rise on a question of privilege in relation to the 10th report of the Standing Committee on Finance.

In our system of responsible government, the government must seek Parliament's authority to spend public funds. Parliament, in turn, has an obligation, a responsibility to hold the government to account and to scrutinize the government's books.

Recently, this government impeded the work of the Standing Committee on Finance by hindering its attempts to better understand the federal government's budget projections.

As you know, Mr. Speaker, Standing Order 108 empowers committees to send for persons, papers and records. House of Commons Procedure and Practice, second edition, describes Parliament's right to order the production of documents as a right that is “as old as Parliament itself”.

On November 17, 2010, the Standing Committee on Finance passed a motion ordering the Government of Canada to provide the commitment with five-year projections of total corporate profits before taxes and effective corporate tax rates from the 2010-11 fiscal year until the 2014-15 fiscal year, inclusive.

The November 17 motion also ordered the government to provide the committee with certain financial information pertaining to justice Bills C-4, C-5, C-16, C-17, C-21, C-22, C-23A, C-23B, C-39, C-48, C-50, C-51, C-52, S-2, S-6, S-7, S-9 and S-10.

Among other things, the motion specifically requested:

detailed cost accounting, analysis and projections, including assumptions, for each of the bills and Acts, conducted in accordance with the Treasury Board Guide to Costing.

The motion established a deadline of seven calendar days, which ended on November 24, 2010.

On November 24, the Department of Finance replied to the committee with the following. I will read the department's response in its entirety. It stated:

Projections of corporate profits before taxes and effective corporate income tax rates are a Cabinet confidence. As such, we are not in a position to provide these series to the Committee.

The government provided no further information to the committee before the deadline.

On December 1, 2010, one full week after the deadline, the committee received a letter from the Department of Justice regarding projected costs of the justice bills. Again, I will read the department's response in its entirety. It stated:

The issue of whether there are any costs associated with the implementation of any of the Government's Justice bills is a matter of Cabinet confidence and, as such, the Government is not in a position to provide such information or documents.

On December 7, 2010, after the government had refused to provide the information ordered by the committee by the established deadline, I provided the committee with written notice for a motion by which, if passed, the committee would draw the attention of the House to what appeared to be a breach of its privileges.

On December 10, 2010, perhaps in response to the written notice I had written on December 7, the committee received an additional response from the Department of Finance.

In its response, the department stated:

To the best of its knowledge, the Department of Finance has determined that “series” or projections of corporate profits before taxes or the effective corporate income tax rates have never been previously disclosed. These projections are from a comprehensive economic and fiscal projection that constitutes a Cabinet confidence. As a result, the Department of Finance has not been in a position to provide these "series" to the Committee.

This response appeared somewhat dubious. For, if any member of the House or if any Canadian wishes to Google the phrase “corporate profits before taxes” and restrict their search to the domain of the Department of Finance's website, he or she would get exactly two results: the HTML and PDF versions of “The Economic and Fiscal Update” from November 2005, in which they would find, on page 83, that the previous Liberal government had actually published projections of corporate profits before taxes from 2005 until 2010.

At this time, I would like to seek unanimous consent to table page 83 of “The Economic and Fiscal Update” from November 2005.

Justice

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, we are always willing to work with members of each political party to advance government bills. The answer to his question is yes, absolutely. Bill C-39 has been before a House committee for eight long years and we are ready to take action. Welcome aboard.

Public Safety

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Mr. Speaker, our government is focused on working for Canadians. We have a number of initiatives that will get criminals off the streets and make Canadian communities safer, including Bill C-23B, eliminating pardons and Bill C-39, ending early release. Canadians would like us to pass these important bills as soon as possible.

Could the Minister of Public Safety update the House on the status of these bills?

Justice

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, unlike the government's Bill C-39, the Bloc's bill applies to criminals who have already been sentenced. We need to take advantage of the consensus of the House and quickly do away with parole after one-sixth of a sentence because after Vincent Lacroix we have Earl Jones to worry about.

Will the government put aside partisan politics and start supporting the passage at all stages of the Bloc's bill to eliminate parole after one-sixth of a sentence?

[John Weston, Conservative, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, it is with mixed emotions that I present two related petitions.

The petitioners act in the name of Genoa Jean May, Gennie, who 25 years ago, at age 3, was kidnapped, raped and murdered. The petitioners believe that the parole system should be changed and they present 151 signatures in support of Bill C-39, and 156 signatures in support of Bill C-48, asking that the system be changed to give more fairness to victims of crime.