Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  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 require the Parole Board of Canada (or a provincial parole board, if applicable) to cancel parole granted to an offender if, before the offender’s release, the offender tests positive in a urinalysis, or fails or refuses to provide a urine sample, and the Board considers that the criteria for granting parole are no longer met. It also amends that Act to clarify that any conditions set by a releasing authority on an offender’s parole, statutory release or unescorted temporary absence may include conditions regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

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.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:45 p.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, Bill C-12 seeks to add a provision to the Corrections and Conditional Release Act that makes it clear that the Parole Board of Canada may use positive results from urine tests or refusals to take urine tests for drugs in making its decisions on parole eligibility.

This gives clear legal authority to an existing practice of the Parole Board. I support that and so I support this bill, since it simply places something that already happens in practice into the act.

Since we are talking about a provision that is rather straightforward and relatively uncontroversial, I want to take the time to talk about related issues that I believe need to be addressed, so I will take the time that has been allotted me to do so.

The government is making our prisons less safe by cutting funding to correctional programming, such as substance abuse treatment, and increasing the use of double bunking, which leads to more violence. That is not only dangerous for inmates but also for those who work in correctional institutions. It also does not promote rehabilitation. This is an issue that we all need to be concerned about.

Our priority should be ensuring community safety by preparing former offenders to reintegrate back into society, and by helping them overcome their addictions and become less inclined to reoffend.

A report from Correctional Service Canada in 2011 states that there ought to be improved access to medical professionals and medical health services and a continued focus on the role of substance use and self-harming behaviours as coping mechanisms, and that there are several issues regarding the implementation of programming specifically related to the availability and accessibility of programs, the frequency with which programs are offered, and the wait lists of these programs.

The prison population is increasing at the same time as the Conservative government is closing institutions, and this has resulted in directive 55, which I am sure all of my colleagues are aware of, from Correctional Service Canada, which establishes a procedure to normalize double bunking. In my province of Quebec, that has led to double bunking at 10%. Staff and the Correctional Investigator have repeatedly stated that this leads to increased violence and gang activity.

Further, I want to underline that according to Kim Pate from the Canadian Association of Elizabeth Fry Societies, the rise in women serving federal sentences is directly related to cuts in social services, social programs, health care, education—all the programs that traditionally help level the playing field for those who are most impacted. By “those”, we often mean, of course, indigenous peoples, women, poor people, and those with mental health issues.

According to Correctional Service Canada data published in 2011, 27% of women incarcerated were convicted of a drug-related offence.

According to the Office of the Correctional Investigator's 2011-12 report, almost two-thirds of inmates were under the influence of an intoxicant when they committed the offence leading to their incarceration.

I want to raise the fact that we are looking at people being incarcerated who need to deal with this issue.

I also want to state that the majority of women incarcerated—86%, to be specific—report having been physically abused at some point in their lives, with two-thirds of the women, 68%, reporting that they had been sexually abused throughout their lives. When we talk about using drugs as a coping mechanism, especially when incarcerated, we need to keep this in mind.

A zero tolerance stance on drugs in prison is proving to be a completely ineffective policy. Meanwhile, harm-reduction measures within a public health system and treatment orientation offer a far more promising, cost-effective, and sustainable approach to reducing subsequent crime and re-victimization. That is from the report of the Office of the Correctional Investigator in 2011-12.

According to a report looking at policy for offenders with mental illness published in 2010, compared to the general population, the rate of mental illnesses among jail detainees is almost twice as high for women, and detainees with a serious mental illness have co-occurring substance abuse disorder.

That is why we are talking about both these things right now. We are talking about mental health and drug use as being correlated and as being major issues that need to be dealt with within the incarceration system, not only for the betterment of the detainees and their reintegration into society, but also to reduce violence in the future, to reduce violence within prisons, and also to make correction officers' workplaces safer ones.

Individuals with mental illnesses are not only disproportionately represented in the criminal justice system, but they are also disproportionately likely to fail under correctional supervision. In 2011, 69% of female offenders received a mental health care intervention. When we are talking about their being more likely to fail, we are talking about 70% of the women who are currently incarcerated being those who are more likely to fail. Those are staggering numbers.

To really tackle this problem, we must also tackle the problem of substance abuse in prison. To that end, we must first implement an intake assessment process to accurately measure the level of drug use by inmates, and then provide adequate programs for offenders in need. We talked a lot about that today. We have to ensure that these women have access to these programs and services because, as I mentioned, a large percentage of incarcerated women suffer from mental health or substance abuse problems, as do these men. Without drug addiction treatment, education and proper reintegration upon release, offenders run the risk of returning to a life of crime and claiming new victims. We want to avoid that at all costs.

We should strive to have a correctional system that provides effective rehabilitation programs such as ongoing education, substance abuse treatment and support programs, in order to foster the social reintegration of offenders when they are released. That is the only way to reduce the rate of recidivism.

The last point I would like to make is the following: we want to ensure that prisons are a safe workplace for the people who work there. As I mentioned earlier, we can start by eliminating the practice of double-bunking and ensuring that resources are allocated to the treatment of inmates with substance abuse or mental health problems.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:50 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague for her speech. Although we support the idea and the principle behind this bill because it represents something positive, there is no denying that we are very concerned about how the Conservative government plans on addressing the scourge of drugs.

As my colleague indicated, problems have escalated in our prisons and the situation is almost unmanageable in some respects. Drug addiction prevention programs at Correctional Service Canada have undergone significant cuts. The situation is so serious that the Correctional Investigator made some very important recommendations. One of the recommendations was an assessment of prisoners at intake into correctional programs to identify their addiction problems and to help meet their needs to reduce their dependency on drugs.

Could my colleague comment on how the government will help—or likely not help—prisoners who are struggling with addiction?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I thank my colleague for asking this question.

Just the cuts to Corrections Canada have dramatically affected the availability of services and programs that do help inmates. Unfortunately, we can see them going down the path of making those cuts and also increasing prison sentences, and therefore, the number of people who are incarcerated. This is a very dangerous situation where now, for just services such as dealing with mental health, dealing with drug addiction, the waiting lists are so long that inmates can wait their entire prison sentence before getting the services. Therefore, they go back into society without the rehabilitation that was needed. These individuals have a much higher recidivism rate.

As I mentioned earlier, 70% of incarcerated women have mental health issues. This means that these services are extremely important and we need to strengthen them. Unfortunately, the government does not really appear to be ensuring that these services are provided.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Argenteuil—Papineau—Mirabel for her excellent speech on Bill C-12. Today I would like to share some thoughts about this bill in particular with the House of Commons.

First, I would like to say that the title of Bill C-12 is misleading, considering the content. It is misleading to say that Bill C-12 will eradicate drugs from our prisons. Unfortunately, nothing in this bill will address the problem of drug addiction in our prisons.

I expected better from the federal government. I wish it had handled this issue with greater respect. Unfortunately, it did not. As my colleague pointed out in her speech, that is always the problem whenever it comes to issues associated with drug addiction and mental health. Nothing in this bill tackles the problem directly. There is nothing here that will help the men, women and first nations people coping with drug addiction, which, sadly, is so widespread in our prisons.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

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

I also want to thank the member for Alfred-Pellan for all the hard work she does as the NDP deputy critic for public safety. She is doing a truly fantastic job and we really admire her for that. She raised a very good point.

As I said at the beginning of my speech, basically, this bill just puts into law something that is already a common practice. It does nothing to tackle the problem. I did not spend my whole speech listing all the problems and explaining why it is dangerous, not only for those who are incarcerated, but also for those who work in correctional institutions.

This issue must be considered a priority and it really needs to be dealt with through mental health services and drug treatment programs.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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The Speaker Andrew Scheer

The time for questions and comments has expired.

Is the House ready for the question?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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Some hon. members

Question.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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The Speaker Andrew Scheer

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

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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Some hon. members

Agreed.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 3:55 p.m.


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The Speaker Andrew Scheer

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 4:05 p.m.


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The Speaker Andrew Scheer

Order. The House will now proceed to the consideration of Ways and Means Proceedings No. 18 concerning the budget presentation.