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.

The House proceeded to the consideration of Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, as reported (without amendment) from the committee.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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The Speaker Peter Milliken

There being no motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

moved that the bill be concurred in.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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The Speaker Peter Milliken

Is it the pleasure of the House to adopt the motion?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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Some hon. members

Agreed.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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An hon. member

On division.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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The Speaker Peter Milliken

I declare the motion carried.

(Motion agreed to)

Pursuant to order made on Monday, February 14, the House will now proceed to the third reading of this bill.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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Conservative

Vic Toews Conservative Provencher, MB

moved that the bill be read the third time and passed.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:20 p.m.


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Conservative

Tilly O'Neill-Gordon Conservative Miramichi, NB

Mr. Speaker, I am very pleased to have the opportunity to speak in support of the legislation before us. As hon. members know, we are here to discuss Bill C-59, which would make important changes to our parole system.

As we have heard from my hon. colleagues, the legislation has one clear purpose. That purpose is to abolish the system known as accelerated parole review. This is not complex legislation, with many layers and detailed lists of amendments. That is why the name of the proposed act is also clear: Bill C-59Abolition of Early Parole Act.

The legislation proposes to amend the Corrections and Conditional Release Act to put an end to the current practice of giving white-collar offenders early eligibility for day parole.

We are not creating new regulations. Nor are we looking for ways to complicate the parole system. Instead, we are standardizing a system that currently has two sets of rules for two different types of offenders. In essence, we have a two-tiered system.

Under this system, an offender who has committed a violent crime, like murder or assault, cannot apply for day parole until six months before he or she is eligible for full parole. On the other hand, individuals who are sentenced to jail for committing a white-collar crime, like fraud, can apply for day parole after serving only one-sixth of their sentence. This puts non-violent offenders on a different playing field.

The individual who is sentenced to 12 years in jail for stealing hundreds of thousands of dollars from unsuspecting Canadians is well aware that he or she will only have to serve two years in jail before being eligible to apply for day parole. Also, under the current system, it states that the offender who committed a violent crime must appear in person before the Parole Board of Canada and stand in front of board officials to plead his or her case. This is not the case for non-violent white-collar offenders. In their case, the application for day parole is done on paper. They are not compelled in person at a Parole Board hearing.

Under the current system, a violent offender must clearly show the Parole Board of Canada that he or she will not commit another crime once released on parole. If the Parole Board cannot find reasonable grounds to believe the offender will commit another crime, any crime, it will then approve parole.

The system works differently for non-violent and white-collar offenders. The only test they must pass in order to be released on parole is that the Parole Board must not find a reason to believe the individual will commit a violent offence.

I would like to repeat that last part because it is certainly one of the most confounding parts of the current system. Under APR, the individual who has committed a non-violent crime must be released on parole if there is no evidence that he or she will commit a violent crime.

I would suggest that the number of people jailed for a non-violent act like fraud who then end up committing a violent crime once on parole must be a fairly low number. The reality is most of the people who are in jail for scamming people out of their investments are not likely to have a violent past.

It seems odd, then, that this would be the ruler with which their future freedom is measured. Instead, it would make more sense for the Parole Board to use the same test as it uses for all offenders, that they must show they will not commit any new crime in order to be released.

As hon. members can see, the current system of accelerated parole review is not working. In addition to giving white-collar offenders an easier and faster system in which to apply for parole, it also removes any incentive for these offenders to work toward rehabilitation. They know they need only serve one-sixth of their sentence before applying for day parole. They know they will not have to present themselves to the Parole Board of Canada in person to plead their case. They also know that if there is no evidence they will commit a violent crime once released, the Parole Board has no choice but to release them.

Again, where is the incentive for this individual to make progress toward rehabilitation? The simple answer is there is no incentive. Our government is determined to change the system so it puts all offenders on the same level. In essence, we are streamlining the parole system so all offenders are treated the same. This makes sense and this is what we intend to do.

We have heard from hon. members on the other side of the House who say that the actions we are taking to improve our law enforcement and corrections and justice system are just too costly. However, our government has said more than once that we will not count nickels and dimes when it comes to protecting victims of crime and their families.

We have told Canadians that we will not turn our backs on victims who feel they do not have a voice in our justice system.

This is why we are asking all hon. members to support Bill C-59. We are urging all hon. members to stand with us in support of victims.

I have listened with great interest to my hon. colleagues who have spoken eloquently about the devastating impact that this crime can have on the lives of hard-working Canadians and their families. Some of these victims have overcome their shame and humiliation to come forward and tell their stories and provide evidence in court that helps convict these fraud artists. This cannot be an easy decision for these victims, especially as they start the process of picking up the pieces of their lives. It then comes as a shock to these victims and, in fact, to all Canadians when this offender is allowed to apply for day parole after serving a small portion of his or her sentence.

As I mentioned earlier, we have heard the example of how someone who is sentenced to 12 years in prison can be eligible for day parole within just 2 years. In those same two years, the victims have struggled to find their normalcy and to repair the damage left in the wake of this white-collar crime. It is these victims who we must consider when we discuss Bill C-59. In fact, our government has always put victims of crime first in our efforts to improve the legal and corrections system.

We have introduced legislation to give victims a voice at the Parole Board hearings and to ensure that offenders cannot pull out of their hearing at the last minute.

We have also supported many programs and initiatives that ensure that the voices of victims are heard and that their concerns are addressed, including the Office of the Federal Ombudsman for Victims of Crime and public safety, Canada's national office for victims.

Our government is proud of our track record to support the rights of victims. We have told Canadians we will do what is right and we will keep their communities safe and secure. Bill C-59 is an important step in this process and we ask all hon. members to support the legislation.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:35 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, this issue has vexed me for an awful long time. When I was acting in a role as a crown attorney, criminals and their counsel would often come to me and ask what kind of a sentence I was looking for. If I said, for example, 10 years, they would agree to the sentence as long as they could determine what they would plead to. They would ask that all of the violent crimes, like robbery, a gun crime, or the like, be stayed by the Crown. The crown attorney would not care, generally speaking, if he or she got the 10-year sentence. The individual would plead guilty to a break and enter with intent, for example, which is not considered a violent offence.

The game being played was that by removing all of the reference to so-called “violent crime”, people would then be eligible at one-sixth or one-third, at a much more rapid pace. That, quite frankly, was unacceptable.

How does this bill address that kind of gaming of the system?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:35 p.m.


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Conservative

Tilly O'Neill-Gordon Conservative Miramichi, NB

Mr. Speaker, I am sure my hon. colleague is proud of the stand our government is taking on sticking up for victims. That is what we are asking all members in the House to do.

I know not just Miramichiers but all Canadians want us to stick up and work for victims. The victims are suffering from whatever criminals have done to them.

I am proud to be part of this government and I know my hon. colleague is as well. It is a government that is tough on crime and we urge all opposition members to support the bill.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:35 p.m.


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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, we are approaching third reading and it would seem almost impossible to believe that the Conservative government would be asking Parliament to vote in mere hours with no cost whatsoever.

First, does the member have an expectation that Parliament would vote in the dark with a blindfold on? Does she find it acceptable that we should just vote for bills without any idea whatsoever what the cost implications would be, particularly when we have seen that these types of bills cost enormous amounts of money? The Parliamentary Budget Officer has said that just one of the Conservative crime bills would cost between $10 billion to $13 billion. Where is the money?

Second, I would accept any evidence. I am begging for it and I have asked, but there has been nothing again and again. What evidence is this being based on? Could the member show a single jurisdiction in the world where first-time non-violent offenders are put in for long periods of incarceration where it does anything but increase violence, increase victimization and create more problems?

Last, why would Conservative members not support our efforts both in committee and two years ago to go after large-scale fraudsters, focus it there and keep the accelerated parole review for others?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:35 p.m.


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Conservative

Tilly O'Neill-Gordon Conservative Miramichi, NB

Mr. Speaker, I come from the community of Miramichi, which is one of the best communities in the world. Miramichiers as well as all Canadians have certainly witnessed crimes done to victims and there is no money that can pay for that.

Last night I went to the ballet and I saw a silhouette of a Miramichier. I know this family and I know of its suffering and hurt. Regardless of what the cost is, no money can ever repay that.

What Canadians worry about are the millions that are thrown into the air and never accounted for, like we saw in the previous government. Those are the kinds of dollars that Canadians are worried about us spending.

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:40 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, my colleague talked about meeting with victims. Would it not be best for government to instill regulations and rules that would prevent victims from being created in the first place?

My question is very specific. The member is obviously concerned about this issue. Could she outline what her government has done to tighten up the regulations for the investors who rip off pensioners? Could she give us a few examples of something specific her government has done that says oversight will become more strict in Canada, not as it is right now?

The white-collar crime my colleague talks about will continue on beyond implementation of this bill because the government has regulators that are too close to those they are meant to be regulating. The OECD has harshly criticized Canada for this investment environment. The greatest reason others do not invest in Canada is that our regulatory environment is too weak. The reason Conrad Black was thrown in jail in the United States and not in Canada is that the Conservative government is too passive toward white-collar crime.

Could the member name one thing her government has done to clamp down on this so victims are not created in the first place by Earl Jones and others?

Abolition of Early Parole ActGovernment Orders

February 16th, 2011 / 3:40 p.m.


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Conservative

Tilly O'Neill-Gordon Conservative Miramichi, NB

Mr. Speaker, that is another prime example of the opposition supporting criminals. I know that is not what Canadians want.

Just yesterday one of Earl Jones' victims said, “Jones will be free long before any one of us regain any semblance of normalcy and closure”.

Yesterday in the House the Liberal leader voted for our bill at second reading to end accelerated parole, but today he is again proving he is soft on crime by opposing our measures that would put an end to early parole for notorious fraudsters like Earl Jones.

I would ask all members of the House to support our bill, to support the victims.