Bill C-12 (Historical)

Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

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.

Drug-Free Prisons Act

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I rise today to speak to Bill C-12, the optimistically titled drug-free prisons act.

Bill C-12 would amend the Corrections and Conditional Release Act to require parole boards to cancel day parole or full parole if an offender failed a drug test or refused to provide a urine sample and if the board then considered that the criteria for granting parole were no longer met. As the law currently establishes, urine samples may be demanded on reasonable grounds as part of a random selection or as a prescribed requirement of a particular program, such as a substance abuse treatment program.

Bill C-12 would also clarify that conditions of parole or other forms of release may include conditions relating to an offender's use of drugs or alcohol. The imposition of such conditions would explicitly include cases where drug or alcohol use had been a factor in the offender's criminal behaviour.

The Liberals will be recommending that this bill go to committee for further study. However, I would like to reiterate the criticisms that my colleague, the hon. member for Malpeque, levelled at this bill over a year ago.

First, we would all like to see drug-free prisons, yet Bill C-12 takes an exclusively punitive approach to substance abuse in Canada's correctional facilities. Does anyone think this will be effective?

In his 2011-12 annual report, Howard Sapers, the Correctional Investigator of Canada, made the following observation:

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. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.

Mr. Sapers' report specifically stated:

—that a comprehensive and integrated drug strategy should include a balance of measures -- prevention, treatment, harm reduction and interdiction.

In 2012, the Conservative government re-appointed Mr. Sapers, giving him his third consecutive term. Accordingly, one might be tempted to think that the government would take the advice of its chosen adviser. After all, Mr. Sapers' recommendations were the product of careful and politically impartial analysis. Efficacy was the sole motivator.

Why does the Conservative government not listen to the highly qualified individuals who have been hired to give good advice and who are motivated solely by the desire to give good advice?

When Privacy Commissioner Daniel Therrien suggested splitting Bill C-13 into two bills, the government ignored him. When Chief Justice Beverley McLachlin of the Supreme Court tried to warn the government about its legal problem with appointments from the federal court, the government ignored her. We all remember that the Prime Minister and the Minister of Justice even went so far as to slander the Chief Justice for trying to save them from themselves. This is a worrying trend, although I do not expect the government to take my advice, either.

In this instance, ignoring the Correctional Investigator is stunning, or as my Newfoundland colleagues may say, “stunned”. Howard Sapers was vice-chairperson for the Prairie Region with the Parole Board of Canada, director of the Crime Prevention Investment Fund at the National Crime Prevention Centre and executive director of the John Howard Society of Alberta. He served two terms as an elected member of the Alberta legislative assembly, including as leader of the official opposition. He is also an adjunct professor School of Criminology at Simon Fraser University, and he has served as president of the Canadian Criminal Justice Association. That is whose advice the government is ignoring.

Instead of taking that advice, the government is opting for a purely punitive strategy. Yes, the government's only solution to drug use in prisons is to keep more people in prisons for longer periods of time. As Kyle Kirkup wrote in the The Globe and Mail, the government's thinking on criminal justice is summed up by the slogan “Got a complex social issue? There’s a prison for that”.

I suppose this should come as no surprise. Bill C-12 is business as usual for the Conservatives. It is strong on rhetoric and weak on policy.

The government consistently prioritizes optics over substance, Orwellian sound bites over logic and it does Canadians a great disservice. We see it with mandatory minimums. We see it with the failure to use evidence to formulate public policy. In its eagerness to appear tough on crime, the government goes soft on thinking.

Last year, Mr. Sapers shared some deeply troubling statistics with Canadians. His report indicated that Canada's prison population is now at its highest level ever, even though the crime rate has been decreasing over the past two decades.

About three out of four offenders in federal penitentiaries are considered to have addictions, and a very high percentage of those addicts also have mental health issues. Given the context, this new bill's punitive approach is clearly unjustified.

Further, close to a quarter of all inmates are aboriginal, although aboriginal people make up only 4% of Canada's population. In the past decade, the number of aboriginal women in prison has increased by 112%. Aboriginal inmates are also subject to use-of-force interventions and incur a disproportionate number of institutional disciplinary measures. In addition, aboriginal inmates are typically released later in their sentences—80% by statutory release—and are less likely to be granted day parole or full parole.

Still, here we have a bill that does nothing to address the historical injustice and resultant social problems that aboriginal people are grappling with today. Instead, this bill would effectively lock up aboriginal inmates struggling with addictions for longer periods of time.

The issues plaguing aboriginal communities are reported in the newspaper, and we know those are available in this chamber. Therefore, ask, when is the government going to address the problems facing aboriginal communities?

I am disappointed by the government's approach, but I am not surprised. Just a couple of weeks ago we saw what the government did with Bill C-583, the bill from the member for Yukon, that would have made fetal alcohol spectrum disorder, or FASD, a mitigating factor in sentencing. Of course, FASD disproportionately affects aboriginal and northern communities. Bill C-583 was a bill that both the Liberals and the New Democrats were ready to support, yet the member for Yukon agreed to turn the bill into a study, killing his own proposal. One could reasonably infer that the government pressured the member to do this rather than risk being seen—Heaven forbid—as soft on persons with fetal alcohol spectrum disorder. However, I digress.

Speaking of this bill, we need to consider what the correctional investigator said in his 2013-14 report. Specifically, he was critical of the government's continued refusal to develop a comprehensive program. I emphasize the word “comprehensive”. To respond to continued drug use in penitentiaries, he said:

Interdiction and suppression in the absence of a more comprehensive range of treatment, prevention and harm reduction measures will not eliminate the demand (or supply) of contraband drugs or alcohol.

Mr. Sapers also criticized how the government had undermined a key correctional services program on addiction, specifically, its 10% funding cut to the prison methadone program. Mr. Sapers said:

I question the appropriateness of reducing investment in a program that delivers sound public policy benefits from both a health and public safety standpoint.

I could not say it better, and I would strongly urge the government to heed the advice of its chosen advisers by developing a more comprehensive strategy than what this punitive bill represents.

Again, Mr. Sapers set out what that strategy would look like. It would involve an integrated link between interdiction and prevention, treatment and harm reduction. It would involve a comprehensive public reporting mechanism and would involve a well defined evaluation, review and performance plan to ensure efficacy.

Finally, when the bill goes to committee, I would especially urge the government to take seriously any constructive proposals for amendments that emerge. We currently have a punitive bill that would not solve the drug problem in Canada's prisons and that would exacerbate aboriginal incarceration rates. Frankly, we need to do better, and we can do better.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I want to set the record straight. In fact, there are programs in place in prisons to deal with addiction and drug problems because of this government. I think it would be hard to argue, even for members opposite, that serious crime in Canada has gone down since we have put in our policies.

What we are doing, which I think Canadians recognize, is ending the revolving door of the Liberal justice system. We are ensuring that people who commit serious crimes actually stay in jail, receive the rehabilitation they require and then are released when it is appropriate. However, we will not release someone back into society that has a serious drug problem.

The purpose of the bill is to ensure that if someone has illegally accessed drugs and has tested positive, that person will not be paroled back into society. Does the member agree that is an important principle, or does he feel that someone who has possibly been in jail because of crimes connected to serious drug use or organized crime should be released when still using?

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I agree it is an important principle. However, the approach of the government is this. When the only thing one has in one's tool kit is a sledgehammer, everything starts to look like a rock. While it is an important principle, it is more complex than locking people up and throwing away the key. That is the problem.

It is absolutely the case that we need to reduce the amount of drugs in prisons, but this is a nuance problem and requires a comprehensive approach. As the Correctional Investigator has said, simply locking people up and throwing away the key, which seems to be the answer for everything in the government, is not working, and it will not work. It is high time the government listened to the advice of the good people it has hired to give it impartial advice.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I listened attentively to my colleague's speech and I want to ask him a question. I believe he is one of the members who sits on the justice committee. I want to ask him about what is not already in place. What is the added value that this bill would bring about, or is it, as usual, a bit of window dressing from the government?

When I look at the legislative summary of the bill, there are already a lot of conditions in place that would address the concerns. He has mentioned the title of the bill. Would the bill really change anything significantly, or, again, is it just window dressing?

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, that is an entirely fair question. Drug testing is already available to the authorities under multiple circumstances, including random drug testing and drug testing where there is reasonable cause to demand one. Drug testing in the case of compliance with a probation order of the terms of release include in them conditions with respect to drug and alcohol use. Therefore, all those things are presently in effect.

This bill calls for drug testing on someone after he or she has been approved for release or parole without the necessary governor or reasonable and probable grounds to demand such a test. It would add one more instance in which drug testing could be made available. However, the member has an entirely fair point that drug testing within the correctional system is already quite prevalent.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I am pleased to rise to speak to Bill C-12. I will refrain from repeating the title, so as not to embarrass the members across the aisle, given their ridiculous attempt to appeal to their base for campaign cash. The truth is that there is absolutely no connection between the bill's title and its objective. This is not to say that the NDP does not support the bill, for we would like to see it go the Standing Committee on Public Safety and National Security for further study. I wish the Conservative Party would stop treating the House of Commons of Canada like a PR firm. First of all, $750 million has been spent over the years on government advertising, sometimes for legislation that has not even passed yet and now for embarrassingly amateur marketing ploys for a simple bill.

Come on. We all need to behave like adults.

Before speaking further to the major differences between the philosophy of the NDP on prevention and rehabilitation and that of the Conservative Party on repression, I would like to sincerely thank my colleagues from Esquimalt—Juan de Fuca and Alfred-Pellan for their excellent work on public safety files. I could not be more proud of these two individuals, who devote so much of their talent, energy and intellect to coming up with intelligent, fact-based public policy that takes into account recommendations by experts in the field.

The NDP certainly does not have all the answers, but it knows how to listen to the experts in various areas under federal jurisdiction. That way, we end up with public policies that will generally not end up before the courts, which is the Conservatives' way.

I would like to begin by pointing out the incongruity of the title of the bill: the “drug-free prisons act”. This is not a government policy. It seems more like a legitimate aspiration that we all share as parliamentarians, but it is not public policy.

The real problem is addiction in prisons. Did members know that 80% of those who go to a federal penitentiary have drug or alcohol problems? That is huge.

Instead of listening to the many recommendations made by the 20 or so witnesses who appeared before the Standing Committee on Public Safety when it was studying alcohol and drug use in federal penitentiaries, the government is just formalizing an existing practice of the Parole Board of Canada. Nothing more, nothing less. Its only plan is to give the bill a catchy title worthy of a feature film featuring the late, great actor and comedian, Leslie Nielsen. Then the young, zealous staffers in the Prime Minister's Office will ask the Conservative Party base for donations because the Conservatives are such good public administrators.

I can say three things about Bill C-12. Once again, as is the case with the work of the Standing Committee on Canadian Heritage and several House of Commons committees, I see that the party in power does not value committee work and that the efforts made by parliamentarians every day in these committees are brusquely rejected out of hand.

The Correctional Investigator has stated in numerous reports that the corrections system risks unintended consequences when simplistic solutions are applied to the complex issue of drugs in prisons. Bill C-12 is limited in scope and is only a tiny step in the marathon that will lead to a reduction in addiction problems in prisons.

Frankly, I have a hard time believing that the member for Lévis—Bellechasse and Minister of Public Safety and Emergency Preparedness is not the slightest bit embarrassed to participate in this public relations scheme that does not in any way constitute effective public policy.

Strangely enough, the government has not made any mention of the fact that the Correctional Service of Canada has admitted that the $122 million dollars the Conservatives have spent since 2008 on interdiction tools and technology to stop drugs from entering prisons has not led to any reduction in drug use in prisons. None. Oops. It has not reduced the use of drugs in prisons. Oops. It is not that difficult to come up with public policy that makes sense. The Correctional Investigator has suggested measures such as proper assessment of prisoners at intake into correctional programs in order to identify their addiction problems and give them better access to rehabilitation programs. This would help to reduce drugs and gang activity in prison.

The following is a quote from the Correctional Investigator's annual report:

A “zero-tolerance” stance to drugs in prison [is an aspiration rather than an effective policy. It] simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.

It seems to me that it is rather easy to ignore an annual report with a quote like that one and then to introduce a weak bill like Bill C-12.

The John Howard Society also supports Bill C-12 and the Parole Board of Canada's discretion on parole eligibility. It believes that this bill will not eliminate drugs from prisons and that this is just a tactic by the Conservatives to ignore some of the real issues in prison, such as mental illness, double-bunking, and inmate self-injury and suicide.

I want to quickly go over some of the government's contradictory public safety policies. If the Conservative government were serious about combatting drug addiction in our prisons, it would not have cut the budgets of correctional programs such as substance abuse programs, for example. It would certainly not have increased double-bunking. The government is just not able to walk the talk when it comes to public safety.

The Correctional Service of Canada budget cut announced in 2012 was $295 million—10%—over two years. Breaking the numbers down, we see that between 2% and 2.7% of its budget is allocated to core correctional programs, including substance abuse programs. Because of the cuts, that core operating budget will shrink too.

According to the Office of the Correctional Investigator, CSC's budget for substance abuse programming fell from $11 million in 2008-09 to $9 million in 2010-11. It is clear to me that these legislative measures, like mandatory minimum sentences, are increasing the prison population even as the government is shutting down certain correctional institutions. We are currently seeing an unprecedented spike in Canada's prison population.

What does all of this add up to? Correctional Service Canada has normalized double-bunking. In December 2012, the prairies were double-bunking at 21%, Ontario at 16% and now Quebec at 10%.

Correctional staff and the Correctional Investigator have repeatedly stated that this practice leads to increased violence and gang activity. The Conservative government's record is not improving; ultimately, inmates are leaving prison without treatment and are more likely to become involved in their previous criminal activities.

The figures support that hypothesis. According to the Correctional Service of Canada data warehouse, the number of offenders waitlisted to attend substance abuse programming as of November 13, 2013—excluding the Pacific and Atlantic regions—is 1,962, meaning that there are likely far more than 2,000 on wait lists now.

We should keep in mind that there are approximately 15,000 inmates in federal prisons. That means there are a lot of people on the waiting list. What it comes down to is that there is no vision and, more importantly, these weak measures are being implemented simply to fill the Conservative Party's coffers.

In contrast, the NDP has a common-sense proposal. Unlike the repressive logic of the party opposite, the NDP is determined to make communities safer with treatment and rehabilitation programs for inmates. As a result, we will be able to better address the drug and gang problems in our prisons. Moreover, inmates will be better prepared to be released into the community.

We also want to protect the safety of correctional staff by eliminating the practice of double-bunking and making sure that resources are put into treatment for offenders with addictions and mental illnesses. The best way to address addiction problems in our prisons is by treating those addictions and not by wasting $122 million on sniffer dogs and technologies that have proven ineffective.

If Bill C-12, with its ridiculous title, is the only thing this government and its pals in the Prime Minister's Office plan to do to fight drugs in our prisons, then clearly, they are not smoking the same cigarettes I am.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, to clarify the record again, the NDP member talks about prison populations exploding, and that is in fact not the case.

That was predicted by many in the media and by the NDP opposition party, and it is absolutely not the case. Again, only the NDP would think it is bad thing that someone who commits a crime actually ends up in jail.

On this side of the House, we believe that if someone commits a serious crime against a person, society, or communities, they should serve appropriate sentences. Our policies are working. Serious crime rates in Canada are down.

I want to ask the member the same question that I asked the Liberal member who spoke previously. The member from the NDP spoke about it, indicating that many who are serving serious time in jail right now are people with addiction and alcohol problems. If this is the case, and people are still getting drugs and alcohol in the prison system, should they be released on parole if they have serious drug or other illicit substances in their blood?

I am asking the member that question because on this side of the House we do not think that is a good idea, especially considering that many of the crimes were committed in conjunction with drug and alcohol problems.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, in response to my colleague across the aisle, I will try to avoid lapsing into the old partisan ways that usually dominate this debate here.

This tendency to suggest that we do not take crime seriously and that we do not want to put people who commit crime in prison is just so low. It reeks of cheap, pathetic partisan politics.

I would like to point out something that simply does not make sense. I am referring to a front page showing a weapon that has been made easily available to people. It is shameful. This does not please the Conservatives' little friends, the ones who fund the party.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to pick up on the point from correctional support staff because they often get overlooked when we are dealing with legislation of this nature. The government approaches legislation of this sort with a simplistic attitude, that not having alcohol or drugs in any form whatsoever within our prisons would cure the problems.

I have had the opportunity to have discussions with correctional officers in the past, and they want to have as much harmony as possible within the cellblocks and the ranges because not only is it better for the prisoners, but it is also a safer environment for them.

Does the member believe that the passage of this legislation would help to facilitate a safer working environment for correctional staff?

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

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

Obviously, we are recommending that this bill be studied in committee because these measures have merit. The fancy titles for these measures, however, do not, because although the measures are certainly a good addition, they do not really address the problem.

The Conservatives add these catchy titles to appeal to their law and order supporters. Clearly, there is no real commitment here.

[The Acting Speaker, Conservative, Bruce Stanton]

I would remind hon. members that in the course of debate it is usually frowned upon to use props, if they are used in that manner. Members will use documents from time to time and refer to them, but when something is used as a prop to support an argument, that is something that is well to avoid.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I was listening to my colleague and especially to the parliamentary secretary across the way.

I sometimes get the impression that the government takes this country for the set of a John Wayne movie, where there are good guys and bad guys. Unfortunately, there are rarely any grey areas in this government, but reality is full of grey areas.

I heard my colleague's speech. When I think of the outstanding work he is doing to save Radio-Canada, I feel like taking the Conservatives, pulling them out of their John Wayne world, and putting them directly into a world that helps us better understand the federal prison setting, namely the excellent show Unité 9. This show helps us understand how important it is to have human resources to better serve inmates and especially to ensure that they do not end up back at square one, that they make progress and become better citizens.

What does my colleague think about that?

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I would like to thank my colleague from Québec for her question.

She is quite right in saying that some shows can provide insight into the reality of law enforcement and peace officers at Correctional Service Canada. Their work is extremely difficult and full of challenges, and they constantly face danger.

It is sad to see that we are again going to get caught up in partisanship. Christmas is approaching. I hope that we will hear more than just the partisan messages the Conservatives want to see in their householders.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I rise today to speak to An Act to amend the Corrections and Conditional Release Act. This title clearly spells out the bill's objective. However, as usual, the Conservatives have added a completely misleading and disingenuous title: the “drug-free prisons act”. Some Canadians may not believe it, but it seems that this is a scourge in Canadian prisons.

I would first like to remind members that the official opposition, the NDP, and I have three main objectives when it comes to this type of bill.

First, we must ensure that correctional staff have a safe workplace. Second, we also want to build safer communities for all Canadians through treatment and rehabilitation programs for inmates. Third, we want to ensure that victims have the resources they need to get their lives back on track.

Those are the NDP's three major messages for these three groups.

Right now, under the Corrections and Conditional Release Act and regulations, urine samples can be collected. This must always be done in accordance with the Charter of Rights and Freedoms, but this practice is already in place in order to prevent drug use in prisons. When it comes time for an inmate to be released, he must meet certain criteria so that he does not reoffend and he demonstrates that he wants to change.

There are conditions for collecting urine samples. First, there must be reasonable grounds since inmates' rights must still be protected. Random checks can be done under certain conditions.

Urinalysis can be required for participation in activities. If an inmate tests positive for drugs, he can either be prohibited from participating in certain activities or he can enrol in a drug treatment program. What is more, controls are in place to verify whether inmates are complying with conditions to abstain from consuming drugs or alcohol, for example.

There is already a system in place, which is why I was questioning the usefulness of this bill. There should be a good reason to introduce a bill in the House of Commons. We have to wonder whether this bill truly adds anything to this issue or whether it is simply an electioneering tactic to call the bill the “drug-free prisons act”.

The amendment made by this bill makes it clear that the Parole Board of Canada has the power to impose a condition regarding the use of drugs or alcohol by stating that the conditions may pertain to 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. However, this does not add much in reality.

I would like to talk about how we can prevent drug use. We can crack down on drugs and controls can be implemented. That is important. As I mentioned, we want to ensure that corrections staff and inmates are safe. We also want inmates to have the chance to rehabilitate.

Some people who committed crimes may have been addicts. Once they are imprisoned, they should have access to drug treatment programs. In 2008 and 2009, the government spent $11 million on drug treatment programs in jails. In 2010 and 2011, that figure dropped to $9 million, which shows that this government does not want to make our prisons safer or drug-free.

The ombudsman also put out a troubling, timely and appropriate report. I would like to share a quote from it. The report followed some troubling cases, including the suicides of Mr. Snowshoe in the Northwest Territories and a young woman, Ms. Smith. They had been imprisoned in absolutely inhumane conditions. They had been put in solitary confinement.

I would like to quote an article in today's Globe and Mail:

One out of every four inmates who cycled through federal penitentiaries last year spent some time in solitary confinement, an extreme form of incarceration that is undermining efforts to rehabilitate offenders, Canada’s prison watchdog says.

Segregating a man or woman from the rest of the population is supposed to be used sparingly as a last resort, Howard Sapers, the Ombudsman for federal prisoners, said in an interview on Sunday. But the agency that runs Canada’s 47 federal prisons and community corrections centres is increasingly turning to solitary confinement to manage institutions that are crowded and lack sufficient resources to deal with high-needs inmates....

“It’s become a default population-management strategy,”....

It is a tragedy. Cells are overcrowded, creating explosive situations in Canadian prisons. Canada is a G7 country, a developed country. Successive Conservative government bills have imposed mandatory minimum sentences, eliminated rehabilitation programs and ensured that community crime prevention programs are underfunded. Community groups are fighting to keep youth from joining gangs. All of that is being underfunded.

I am somewhat perplexed about this bill, which, in my opinion, does not add much to what is already in place. However, it gives me the opportunity to point out the country's overwhelming need in terms of crime prevention and rehabilitation in particular.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Madam Speaker, the holidays are approaching, so it would be good for Canadians to see that we are not always engaged in partisan fighting here in the House. This bill offers few improvements, but it is a positive bill. I would like to ask my colleague if she is hopeful that in committee we will be able to build on what this bill has to offer.