Abolition of Early Parole Act

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Corrections and Conditional Release Act to eliminate accelerated parole review and makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 16, 2011 Passed That the Bill be now read a third time and do pass.
Feb. 15, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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Bloc

Raynald Blais Bloc Gaspésie—Îles-de-la-Madeleine, QC

Madam Speaker, I ask that you warn the hon. member for Outremont against making these personal attacks. I heard the word “pseudo” and other things. To take this debate much further, I would invite him, through you, to stop making this type of personal attack and to get to the heart of the debate.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, since you listened to every word of my speech, you know perfectly well that I was strictly discussing the bill. I referred to pseudo-expertise to explain the fundamental problem we are experiencing this afternoon. The Bloc leader and now the member for Gaspésie—Îles-de-la-Madeleine are completely wrong about the substance of the bill. I was in the process of explaining it to him. There was nothing personal in what I was saying. When someone says that they understand a bill and that their understanding is based on some sort of expertise, the best way to explain a misunderstanding is to say that the expertise in question is pseudo-expertise. I would also like to say that this debate should certainly not be included in the time allocated to me. If the Bloc members want to start playing that game by interrupting us when we are trying to deal with the substance of a bill, they have—

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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The Acting Speaker Denise Savoie

The hon. parliamentary secretary would like to comment on the same point of order.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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Conservative

Shelly Glover Conservative Saint Boniface, MB

Madam Speaker, I would like to support what the Bloc member just said.

Frankly, when the other Bloc member was speaking, I was a bit disappointed to hear the member for Outremont yelling at her that she was bluffing and other things. I am a bit disappointed and I want to support what the Bloc member just said.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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The Acting Speaker Denise Savoie

I listened to what each member had to say, and I would invite all members to be more careful with their choice of words. Having said that, I do not wish to entertain further debate on the issue.

The hon. member for Outremont has the floor.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, as I know that you were listening to every word of my speech, you would be well aware that we were indeed addressing the subject at hand, that is, a bill that will make it impossible for a non-violent first-time offender to be released from prison after serving one-sixth of his sentence and serve out the following sixth of his sentence in a halfway house.

It is true that these criminals will not be locked up in prison, but that does not mean that they will be completely free. What does this mean, in practical terms? It means that the member for Ahuntsic, the so-called expert criminologist, is presiding over the following situation.

As of Friday of this week, an aboriginal woman who was with a friend when he committed a crime and was handed a three-year prison sentence was automatically entitled to have her file referred for a review to determine whether she could at least begin serving out her sentence in the community, as part of a transition process. This was a first offence and there was no violent crime committed.

For two days, the member for Saint-Boniface, who rose earlier, and her colleagues have been stressing the fact that this is a retroactive piece of legislation. In democracies, however, new penalties are not applied retroactively, since that approach flies in the face of every principle of a democratic society. And yet that is what the right—and when I say the right, I mean the members of the Bloc and their new allies, the Conservatives—are ensuring will happen.

The member for Ahuntsic stated here, in this House, that this is a possibility and that it is only the review process that will change, which is not true. She argues that it is just the accelerated parole review provision that is being scrapped, which is completely false. She has misunderstood the very substance of the bill.

If the Bloc is making the wrong decision—as even the Barreau du Québec argues it is—on the basis of the misguided analysis of the member for Ahuntsic, there is still time for it to change course. I believe, however, that the Bloc is afraid of the Conservatives' political weight in the outlying regions of Quebec. That is what concerns the Bloc Québécois. As Bernard Descôteaux so eloquently stated in an editorial that appeared last week in Le Devoir, cheap pre-election “populism” is behind the Bloc’s position on this issue.

Last week, when the Bloc made a deal with the Conservatives behind closed doors, its members had the nerve to tell us that because they had gotten something, like victims of the Stockholm syndrome they had to thank the Conservatives and, despite our role as members of Parliament and our primary duty to study bills, there would be no parliamentary committee and no right to ask any questions because they had made a deal with the Conservatives.

I have some news for the Bloc Québécois. There is a party with principles in this House, the New Democratic Party, and we will stand up to the right wingers in Canada. We will stand up for individual rights and freedoms and will not swallow an abbreviated, false analysis cooked up by pseudo-experts who have managed to convince the Bloc leader that this bill does not do what it obviously does. That is why the Barreau du Québec is opposed to the bill. That is why all the experts in penal law are opposed to it. That is why there is opposition to the bill from everyone who has a democratic conscience and hears the Conservatives pat themselves on the back and say that they want to impose another sentence, that after the judge, after the decision, after the sentence, there will be a new, retroactive penalty. It is antidemocratic, and we, for our part, will say that.

We will not let the newly formed right intimidate or influence us or spout nonsense at us just because it is afraid of the Conservatives’ strength in the regions of Quebec.

It is disgraceful that there has not been any objective, independent study of the number of cases. My colleague from Vancouver Kingsway gave the best available figures last night: 1,500 cases a year, of which 900 to 1,000 are granted. The cost could well be $100 million a year.

Earl Jones’s victims would like very much to be compensated by the federal government, rather than seeing another $100 million spent annually because the Bloc is afraid of the Conservatives in the regions—100 million new dollars a year.

On Friday this week, someone who has served the sentence imposed by a judge—the woman in my example—will learn that thanks to the member for Ahuntsic, she has not finished serving her sentence, she may not go to a halfway house, she may not be in the community or be closer to her children. She is going to stay in a penitentiary. What we have here is the new right, the new and improved Bloc Québécois. It is not a social democratic Bloc Québécois. The Bloc Québécois is learning all about political opportunism as the election approaches. Shame.

We are speaking up against this trend. To see where some effort could have been put into this, we need to look at the actual court documents in the Earl Jones case. I am going to read an excerpt from a Royal Bank of Canada document:

Mr. Jones returned my call. I offered him our ratelink essential package service because his fees are over $150.00 every month. He is using this account for business purposes as an In Trust account, however, I told him this is not a formal trust account and he could get himself in trouble....

It was years before the case came to light. What did the Royal Bank do? Nothing. What did the inspector of financial institutions, a federal government official, do about the Royal Bank? Nothing. What did the Government of Canada do about the inspector of financial institutions? Nothing. What did Earl Jones’s victims get? Nothing, zero. These are documents from the class action that has been launched in the Earl Jones case.

If the Bloc Québécois is really so concerned about Earl Jones’s victims, it would be fighting for half of that money, which would compensate 100% of Earl Jones’s victims in one stroke, if it were put to that use. Instead, to score a political point, the Bloc members are saying we should spend another $1 million a year with no objective study about the retroactive effect, the number of cases, the ultimate cost and the kind of cases affected by this half-baked and ill-conceived decision that the Bloc and its new allies in the Conservative Party are imposing. It is a shameful day for democracy. It is a shameful day when the Bloc gets into bed with the Conservatives on this.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:10 p.m.


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Liberal

Gerard Kennedy Liberal Parkdale—High Park, ON

Madam Speaker, I would like to raise something which people have been nibbling on the edges of, and that is the whole idea of what this House is for when it comes to matters of justice and not vengeance. Who in this House has the right to delight in those emotions that do not belong to us when we can never offer the answer?

I would like to ask the member if he would comment on what he sees happening in this House as it tries to move toward improving this law without those studies, without that consideration. What does it say about us as legislators who should tell victims what we can really do for them, what we can really accomplish and make happen versus what we cannot and what this bill means instead?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:10 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, if the Bloc members were the slightest bit sincere, they would have accepted the amendments that were put forward last night that sought to take care of the real problem: the drug dealers and the fraudsters. It would have been easy to subdivide it to keep the possibility for first-time non-violent offenders of minor offences to go to a halfway house. But no, they are throwing the baby out with the bath water for purely partisan purposes in a pre-election period.

It is a shame to see the Bloc Québécois that was once some force for social democracy in this country throwing its lot in with the right wing. It is a real shame.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:10 p.m.


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Bloc

Maria Mourani Bloc Ahuntsic, QC

Madam Speaker, I want to remind the hon. member that in September 2009, he agreed with unanimously passing our bill, which proposed exactly the same thing we are proposing today. In March 2010, he also voted for unanimous consent. He is putting on a show here because he knows full well that he should be voting in favour of this bill. He knows full well, and—

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:10 p.m.


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The Acting Speaker Denise Savoie

Order, please.

The hon. member for Outremont has a few seconds to respond.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:10 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, I will quote “The Coach and the Fly”:

Whereon there did a fly approach,
And, with a vastly business air.
Cheered up the horses with his buzz,—
Now pricked them here, now pricked them there,
As neatly as a jockey does,—
And thought the while—he knew it was so—
He made the team and carriage go,
...
Thus certain ever-bustling noddies
Are seen in every great affair;
Important, swelling, busy-bodies,
And bores it's easier to bear
Than chase them from their needless care.

It is absolutely not true what—

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:15 p.m.


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The Acting Speaker Denise Savoie

It being 5:15 p.m., pursuant to order made Monday, February 14, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of third reading of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:15 p.m.


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Some hon. members

Agreed.

No.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:15 p.m.


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The Acting Speaker Denise Savoie

All those in favour of the motion will please say yea.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 5:15 p.m.


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Some hon. members

Yea.