Mr. Speaker, I thank my colleagues for the resounding applause and the very warm welcome. That was very kind of them. As the cow said to the farmer every morning, “Thanks for the warm hand”.
I want to speak to Bill C-12, and I want to talk about this in the context brought up earlier by my colleague from St. John's South—Mount Pearl and talk about drugs in prisons.
The structure of the drug-free prisons act dictates that this is, as the expression goes, on target but wide of the mark. It is on target in the sense that it could potentially clean up a situation we have when it comes to people getting out of the system. However, when it comes to freeing the prisons of drugs, it is wide of the mark.
I believe that in this case, and on this particular bill, it is a little too narrow in scope to deal with a much broader issue, which is drugs in prisons, and not just federal prisons but provincial ones as well. The proliferation of drugs in prisons still exists, as studies have shown.
This particular bill, as I mentioned, is fairly narrow. I want to speak to the contents of the bill, but first I want to say that with a title such as this, it is a little disappointing that we did not have broader consultation and the broader discussion that would have followed if we had started talking about elicit drugs penetrating our prison system across this country, in particular in the federal prisons.
The summary of Bill C-12 states:
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. It is about transitioning from within prison to outside and checking to see if that person is abusing particular drugs when in the system.
The title of the bill, as I mentioned earlier, is the unfortunate part, because we could have had the opportunity to partake in a much broader discussion to hopefully achieve some grander solutions brought forward by people who have been involved in the prison system: former prisoners, counsellors, therapists, prison guards of course, wardens, and officials with Correctional Service Canada. The title of the bill focuses very prescriptively on one part and one area, which I will talk about through the clauses in just a few moments.
In his 2011-12 annual report, the Correctional Investigator made the following observation with respect to the prevalence of drugs within our federal prisons. Here is what he had to say:
A "zerotolerance" stance to drugs in prison, while perhaps serving as an effective deterrent posted at the entry point of a penitentiary, simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world.
Bill C-12 targets individual offenders by imposing requirements for the provision of urinalysis tests subsequent to having obtained parole, statutory release, or unescorted temporary absences. The legislation does not make any reference to or address the problem of offenders with drug and alcohol addiction problems or in any manner address the access to and prevalence of drugs within the federal institutions, which I mentioned earlier.
Currently under the act, where staff or authorities have grounds to suspect a violation by an offender with respect to drug use on parole, work release, temporary absence, or statutory release, they can order a urinalysis test. These tests are conducted to ensure that the conditions upon which release was granted are respected and adhered to.
Within institutions such tests can be ordered on a random and collective basis, unless individuals are, again, suspected on reasonable grounds of the use of illegal substances.
Bill C-12 does little to contribute to what the Office of the Correctional Investigator called for in his most recent annual report. He said, “I note that a comprehensive and integrated drug strategy should include a balance of measures—prevention, treatment, harm reduction and interdiction.”
There we find the crux of the issue, the harm reduction that we talked about in the last debate regarding injection sites. We go back to this aspect again because harm reduction is a policy that we should adhere to simply for that reason: the health of individuals who find themselves addicted to drugs and who in many cases are unable to find the help to wean themselves from a particular abuse.
The prison system does not address this issue through legislation. It addresses it through several reports, but it turns out that we are not addressing it correctly through legislation, which is the outcome we would like to achieve.
Bill C-12 has taken an exclusively punitive course of action, targeting individuals and offenders who have been granted parole and those who have been granted statutory release or unescorted temporary absences. They are transitioning out from the prison. The tests take place, and if the results are positive, then of course we have an issue.
The requirement is that prior to release, the offender who has been approved for release, in the case of parole, must provide that urine sample. There is nothing in the legislation related to what appears to be the wider systemic problem. We have problems across many provinces in many of these prisons, as demonstrated by some of the examples cited earlier by my colleague from St. John's South—Mount Pearl regarding the prison in St. John's.
Bill C-12 is a measure that at best can be said to address the symptoms of a serious correctional service problem without contributing anything of substance to resolving that problem, the overall problem that I talked about. We may be in agreement as to the specific transition of a person who has been released from prison, let us say in the case of parole. The testing involved in that is certainly worth discussing, which is why I personally would favour sending this bill to committee to find out about that. However, to call this part of a larger discussion about drugs in prison is really deceiving, because we are not addressing how to clean up prisons and get people off drugs through measures such as treatment or harm reduction in addition to these greater policing efforts.
The legislation will target those who have been granted parole or statutory release. According to the 2011-12 annual report, the Correctional Investigator says that almost two-thirds of the current prison population of approximately 15,000 federal offenders, meaning an estimated 10,000 offenders, were under the influence of alcohol or other intoxicants when they committed the offence that led to their incarceration. That is from the very beginning of committing the crime, so we can see that for many of these offenders, the base of the problem started before entering prison.
What is more disturbing is that a very high percentage of the offender population that abuses drugs is also concurrently struggling with mental illness. That is another factor for people seeking treatment that we have to address within our prison system. Again I return to the term “harm reduction”, a term that we pay less attention to these days. Again I refer to the model of harm reduction from 2003, the safe injection site in Vancouver that was mentioned in a prior debate.
The issue of drug prevalence and use within federal institutions is a complex problem. The Correctional Investigator has acknowledged that “the problem of intoxicants and contraband substances in prison is difficult to measure and monitor.” That too deserves a conversation. It deserves debate and witness testimony. Probably only the tangents and margins would be addressed in witness testimony, but this aspect really requires a broader conversation. Unfortunately, the bill is far too restrictive and prescriptive in what it wants to do.
In August 2008, the Minister of Public Safety announced a five-year, $120-million investment in Correctional Service Canada's anti-drug strategy. The investment contained the following four components: expansion of drug-detector dog teams, hiring of new security intelligence officers, new detection equipment, and more stringent search standards. The results of these measures, according to the Correctional Investigator, appear mixed and somewhat distorted.
For example, while there has been an increase in the amount of drugs seized, the scope of the problem is difficult to determine. With respect to the results of the random urine tests administered, there has been, on the basis of these results, a decline within institutions. However, it goes on to say that:
after correcting for the removal of prescription drugs, the rate of positive random urinalysis has remained relatively unchanged over the past decade despite increased interdiction efforts.
Don Head, Commissioner of Correctional Service Canada, confirmed this conclusion in testimony before the public safety committee in December 1, 2011.
Correctional Service Canada's current anti-drug strategy, according to the Correctional Investigator, lacks three key elements.
First is an integrated link between interdiction and prevention, treatment, and harm reduction. Second is a comprehensive public reporting mechanism. Third is a well-defined evaluation, review, and performance plan to measure the effectiveness of these investments to be made, ways to curtail to drug use within prisons. Technology plays a large role in that, but what needs to play a much larger role, of course, would be the aspect of prevention, treatment, and harm reduction.
What might have been of value prior to Bill C-12 is that these elements would have been addressed by CSC to determine the efficacy of the programs currently in place and on which Bill C-12 is trying to build. Again, it only builds on a very small part of some of the recommendations that were put forward in many reports.
Given the reality of the prison population with respect to a history of substance abuse prior to entering correction facilities, the scale of which is massive, according to the Commissioner of Corrections, and given the fact that the CSC's substance abuse programming has been declining, the reality is that many of those eligible for parole, temporary release, or statutory release may well be ill-equipped to achieve a substance-free test result, the result being little or no treatment and a definite longer period of incarceration.
Without treatment and harm reduction, this could present a problem when it comes to the administration of Bill C-12 and what Bill C-12 hopes to do. This is something to discuss in committee, and I certainly look forward to that.
With respect to the provisions of the bill, and these are the specific provisions of the bill, let us take a look at clause 2. It is a new provision, restriction requiring the provision of a urinalysis, which would be imposed prior to release but after an offender has been granted parole.
Even though the PBC has satisfied itself that an offender meets all the criteria it has imposed and required, the offender would have to meet an additional requirement outside the normal parole process.
Also, the stipulation would affect all those seeking parole regardless of any cause. No offender being granted parole need be informed of any justification, nor can any offender granted parole refuse.
It appears cynical, true, but by imposing this requirement after parole has been granted, the government appears to have changed sections 56 and 57 of the act, which require officials to provide to the offender the basis upon which that demand for a test is based.
Interestingly, less than 23% of full paroles sought are granted. Corrections and Conditional Release Statistical Overview 2012 cites that as a statistic. Again, that is 23% of full paroles sought are granted.
Clause 3 would amend section 124. It is a new paragraph after 124(3). If the PBC is informed on matters contained in Clause 2 with respect to a positive urine test or refusal of the offender to provide a urine sample, the board is empowered to refuse to grant parole on that basis.
Not only is it the positive test, but it is also the right to refuse that test.
Clause 4 would amend subsection 133(3) of the act, which currently states:
The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.
The subsection would be amended to the following:
The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition 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.
It would appear on a literal reading that the addition contained in clause 4 is redundant to the existing section. It would add rhetorical flourish to the powers already granted to releasing authorities to any condition deemed necessary. There seems to be redundancy here in this bill, which is one of the other things that we need to discuss.
We have seen this on many occasions in bills in the past, where the government is out there and in an attempt to look and act tough on crime, it puts forward penalty measures from the authorities in legislation that really already existed. It is trying to impose what is seemingly a new way of getting tough on crime but, in fact, already existed in many cases.
Clause 5 would amend subsection 156(1) of the act by adding to the existing section, mandating that the Governor in Council or cabinet make regulations applicable to this part requiring regulations, including:
...defining terms that are to be defined in the regulations for the purposes of this Part...
Let us talk about the key stakeholders. The Office of the Correctional Investigator has been highly skeptical about this kind of initiative, which would rest on punitive initiatives without setting those efforts within the context of increased treatment efforts.
If there is one thing that I would like to bring up in this debate, and I know that it has been brought up before, it is the issue of treatment and harm reduction within an environment where the proliferation of drugs is rampant. Yes, we agree that there should be technical measures and technological aspects of looking at prisons and guarding them so that the entrance of drugs into these institutions is cut down. There is no doubt about that.
However, let us be honest with ourselves. There is a reason why they are going in. That is because of the addictions of the inmates. People who are addicted are in there for the wrong reasons. They are in there for committing crimes, and they continue to commit crimes in this case. At the same time, every element of crime requires a treatment and requires harm reduction when necessary in order to curb that type of behaviour in the future.
This is not a way of saying, in many cases, that we want to go easy on criminals. We do not want that. However, if we want to solve the problem of the crime itself, we have to address the whole issue and not just a part of it. If we want to pretend to be tough on crime and only that, then we are missing the point. The point is that people who are victims of crime do need treatment and justice. The people who commit these crimes do need to be punished but, at the same time, treatment must be available to curb this behaviour in the future.
All modern democracies, and any democracy that puts itself centre stage of the right things to do in justice and justice legislation, will tell us that it must go hand in hand with treatment and harm reduction. What this bill would not do is address that in a more holistic way. That is what I would call, as other people have called it, an opportunity missed.
At the same time, for the merits of this particular bill and the transition from a prisoner to outside through, for example, paroles or temporary absences, we should address testing them for drugs upon release.