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. The Library of Parliament often publishes better independent summaries.

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

November 22nd, 2013 / 1:25 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I want Canadians to know that these prisoners will get out of prison one day or another. It is the responsibility of the government to make sure that when they come out of prison they are rehabilitated.

We have seen from the facts that there are 2,400 prisoners waiting to get into rehabilitation programs, yet the government is spending $122 million trying to prevent drugs coming into prisons, which has not worked.

On this side of the House, we want prisoners to be rehabilitated. We want programs in place in prisons so that when prisoners do come out they are able to reintegrate into society very easily.

Drug-Free Prisons ActGovernment Orders

November 22nd, 2013 / 1:30 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Surrey North will, I am sure, be interested to know that he has one minute remaining in the time for questions and comments, should he wish it, when the House next resumes debate on the question.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from November 22 consideration of the motion that Bill C-12, An Act to amend the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Newton—North Delta will have about two to three minutes to start off, and then we will switch over. I will indicate when the time is right.

The member for Newton—North Delta.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my pleasure to speak to the bill today, but before I do that, I will take a moment to acknowledge that it is the international day to end violence against women. It behooves each and every one of us in the House to reflect on that for a moment and think about the seriousness of this issue, which has an impact on our communities right across this country and right around the world. We always have to remind ourselves that there is a lot of work we could be doing in this area.

I will also take this opportunity to acknowledge the work done by my good friend, the member of Parliament for Esquimalt—Juan de Fuca, on this file. He is a parliamentarian for whom I have the utmost respect because he does his work on the Hill really well, does excellent work on the file, and from conversations I have had with people from his riding, I also know he is an amazing worker in his riding as well. On this particular file, not just on this legislation but other things that come before the committee on the issue of public safety, he is such a good researcher and spokesperson for us.

I am really struck by the title of the bill. It is a laudable title. I do not think there is anyone on either side of the House who would disagree with the slogan. However, we have a slogan that is a title for a piece of legislation, and that should cause us some concern: drug-free prisons act.

All of us want to have drug-free prisons. We also want to have drug-free communities. We also want to make sure we get rid of homelessness. I can think of so many issues I could put under this kind of bill. It is like talking about having a universal child care policy. Just saying we should have one does not make it happen; we actually have to take action.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 1:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Newton—North Delta will have 17 minutes remaining for her remarks when the House next takes up debate on the question.

We will go now to statements by members.

The House resumed consideration of the motion that Bill C-12, An Act to amend the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:15 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my pleasure to rise to speak in support of this bill. As I said before question period, I really want to stress that the title of the bill really does stick in my throat, the drug-free prisons act. There is very little in the legislation that would actually make our prisons drug free.

We really have to stretch it to see how the government came up with such a heading for legislation. The only thing I can think of is that it appeals to the Conservative base and it is one of those grandiose announcements that the government can make without really taking any concrete steps to make anything happen.

The bill would codify into legislation a current practice of the Parole Board. It is because of this that we support it. All the bill would do is add a provision to the Corrections and Conditional Release Act to make it clear that the Parole Board may use positive results from urine tests or refusals to take urine tests for drugs when making its decisions of parole eligibility.

It is always good to codify things and put them into legislation. As the board was already doing this, and we know board members take many things into consideration, it is really good to have this here. However, let us not kid ourselves. The bill would do very little, if anything, to make our prisons drug free.

I would like to talk about this. Often members from the other side will use all kinds of hyperbole to deflect. Let me stress that the NDP is very firm in its support for any measures that will make our prisons safe. That is what it is all about for us. On the other hand, the Conservative government, which purports to do the work, has ignored recommendations from corrections staff and the correctional investigator that would decrease violence, gang activity and drug use in our prisons.

Once again, we go back to the point of the title of the bill. Is it just pandering to the base or is it real action? I will point out some of the issues here.

One of the key things to remember is that we are talking about addiction. We know, and research shows us, that this is a health issue. As a health issue, it needs treatment and resources.

At the very time the government is cutting rehabilitation programs and the funding to tackle the addictions issue, it puts forward a bill called the drug-free prisons act. It often reminds me of when I was teaching. I do not think there was a teacher or parent who did not want to have drug-free schools. We all want that today, but just our wishing it and saying that phrase does not make it happen.

When we look at drug addictions, whether they are in schools or prisons, we have to pay attention to a sound body of research, specialists and front line service providers who know that this is a serious issue and that it needs a multi-pronged approach. Just saying “thou shalt not do drugs” does not make people stop doing drugs. It takes rehabilitation programs, community support programs, treatment centres, counselling and I could go on, but I will not.

What we want to look at is how over the last year, the Correctional Service of Canada has admitted that $122 million of Conservative spending on interdiction tools and technology to stop drugs from entering prisons since 2008 has not led to any reduction in drug use in prisons.

We are talking about real data and real evidence. We know the government has an allergy to listening to front line service providers, specialists and scientists and also to paying any attention to researchers. However, what we have is very clear. Spending $122 million led to net zero results.

We know, from a public safety committee study that was done in 2012, that drug-free prisons are unlikely to be achieved in the world. Yet, the government insists on continuing to use that slogan to put forward suggestions that will not lead to drug-free prisons. At this stage, the goal is unrealistic. Although laudable, and we should have lofty goals, the role of the legislators is not to have those lofty goals in legislation, but to put forward concrete resolutions and suggestions that will help.

I want to acknowledge at this stage the work done by my colleague from Surrey North. He sat on the committee that examined this whole issue. It came up with 14 recommendations, and I do not see any of them reflected in the legislation that has been put forward. This once again lends credence to the fact that even when the Conservatives have committees at which they call witnesses, the majority of whom are usually the government's, and experts who tell them how they can work toward having fewer drugs in prisons, the Conservatives would rather not take any of those steps. Instead they use the slogans in the House to pander and make it look as if they are doing something when they are not doing too much.

Also, it is absolutely asinine, a word I do not use lightly, to keep spending money on something that does not work. We have evidence that it does not work just to keep focusing on detection or prevention of entry of drugs into the prisons. Of course we should work on that, but if that is the only game in town, the only tool they are giving front line service providers, then they are failing them very much. Instead, the government has a pretty miserable track record when it comes to public safety.

By the way, if putting people in prisons were going to solve problems, we should pay attention to what happened in the United States where it has packed prisons. It cannot keep up with building prisons. However, has that decreased crime or drug abuse? No.

The public safety adopted by the government has led to more prisoners with addictions and mental illness in our prison system, without the needed supports to tackle those issues, which we know we have to tackle in the framework of health.

I have also noticed that CSC has had its budget cut by 10%. CSC has had $295 million cut from its budget. Here is another one that is going to absolutely shock members because when we hear the rhetoric from my colleagues across the way, one would think that they were the bee's knees when it comes to fighting crime and taking a handle on what is going on in our detention centres. However, under the government's watch, the budget for fighting substance abuse, for which we know there need to be monies allocated, went down by $2 million.

When we think about it, out of the total budget, what prisons spend on substance abuse are $11 million. At the same time that the government is going on about having drug-free prisons, its only solution to is to codify something that the Parole Board already does, while it has reduced the budget from $11 million to $9 million. That is a huge percentage when we think about it. We are not talking about a small reduction. This is the same government that in 2007 removed harm reduction because it did not matter. For the Conservatives, it is not about actually tackling public safety or safety in our prisons, it is all about the sound bites, what sounds good, what will appeal to their base and what makes them look as if they are doing something when they are actually not doing anything on this file, or next to nothing.

As the budget is being cut for substance abuse programs, we also know that there is a very high percentage of prisoners waiting for services. This is going to shock members because it shocked me. Many of them wait for so long that they cannot even be released or go on parole because they have not had the necessary treatment and support they need to fight their addictions. When they finish their time, they go back into society without having had any effective treatment for substance abuse or how to deal with mental health issues that we hear so much about. How is that all about public safety?

Then they become repeat offenders and the government uses the words “repeat offenders” almost like dirty words. However, in very many ways the government is creating repeat offenders because we have a penal system that is based on a rehabilitation system. We believe that with counselling and support rehabilitation is possible, not for everyone but the vast majority. Where rehabilitation is possible, we should be investing in it because in the long term it will save Canadians money. Instead, the government does not provide support for prisoners to take control of their substance abuse, to receive the health care support they need, the prevention, counselling, et cetera, while they are in prison. They are released and, lo and behold, the Conservatives get to stand at other press conferences to talk about all the repeat offenders, all the drug addicts, all the people who have mental health issues, while they themselves are responsible for the release of many prisoners who have not received the rehabilitation they need.

This should be a major concern to us because, as we know, last year Canada recorded the largest prison population ever in federal prisons. This shocked me as well. There were 15,097 prisoners. We have heard a lot about double-bunking and the lack of space in some of our prisons. This is at the same time the government has introduced mandatory minimum sentences and, once again, has taken the flexibility away from judges, who can make rulings based on the full context and what has gone on. Due to minimum sentencing, experts are imagining and projecting that our prison population will increase by huge numbers.

At the same time, with very little invested in harm reduction and with people double-bunking, it does not take a rocket scientist to recognize that if prisoners are double-bunked, there is going to be a little more physical contact, and that is actually going to increase the violence.

We are hearing huge safety concerns from our corrections officers. We also know that as the budget is reduced and the population is increased, there will be a greater number of people who finish their sentences without receiving any of the supports that are absolutely critical to their rehabilitation and their reintegration into our communities. Once again, the government is actually not worrying about public safety but is putting public safety in jeopardy with such irresponsible actions.

I would really urge the government to, first, call this bill what it is. It is certainly not a drug-free prisons act. Making pronouncements does not make it so.

Second, I would urge the government to take a look at the study that was done by the government, take a look at the recommendations that the study put forward, and then bring forward policy and legislation that will actually ensure our communities are safe.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:35 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I thank the member for her speech and her kind words to me.

The NDP has a very solid team working on the public safety committee. One of our great frustrations is the tendency of the government to go back to propaganda, as the member described.

One of the things missing in the discussion about drug-free prisons, and it is something the member touched on in her speech, is the fact that addictions are a health problem. When we look at Bill C-2, which deals with safe injection sites, we see that it is also a bill that is being sent to the public safety committee rather than the health committee.

Could the member say a few words about the Conservatives' tendency to rely on moral condemnation and interdiction instead of treating these problems as health problems?

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:35 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, as a counsellor who was involved in dealing with young students with addiction problems and who watched what it did to the families, and as someone who was involved in dealing with children whose parents had substance abuse problems and who watched the impact it had on the young people, I do not think there is anybody out there who does not realize that drug addiction and substance abuse are health issues.

We have to have a multi-pronged approach. It has to include proper supports. It has to include counselling as well as front-line service from our health care system.

Just making huge pronouncements is not going to fix the problem. I would love to make an announcement that Canada is going to be a drug-free zone. I would love to make that pronouncement. However, that pronouncement is not going to make it happen.

In that same way, this bill should have some substance and actually take a look at treatment.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:35 p.m.
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Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I was listening to the speech and did not hear a whole lot about the actual contents of this bill.

I hear the opposition members from the NDP talking about how we should be spending more on drug rehabilitation and getting prisoners into programs. I just want to remind them that 2% to 5% of the total budget of Correctional Service of Canada is actually spent on core correctional programs, and that includes programs that deal with drug and illegal substance abuse.

I hear the NDP members talking about how they want a needle exchange program in prisons and how they want to enable prisoners to continue doing those types of drugs, such as heroin and so on. However, if we are trying to treat them for addiction and we are enabling them by providing them with needles so that they can use illegal substances, I do not understand how that is actually dealing with the problem. On this side of the House, we are actually tackling the problem with a three-pronged approach.

I am wondering if the hon. member could comment on the fact that we are spending money on rehabilitation and drug addiction programs within the correctional service, and why their party actually supports the use of needles within prisons.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:35 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I am not often left speechless, but when I hear statements like that one about the NDP supporting needle exchanges for prisons, I am speechless, and I would say that the member across the way knows that is not true.

Let me go on to what the member across the way did say.

A measly 2.7% of the budget is actually spent on corrections, including substance abuse, in all of the rehabilitation budget, and that budget, as I said in my speech, if the member across the way was listening, has actually gone down, while the number of prisoners has gone up. We have gone down from $11 million to $9 million, yet now we have a greater number of prisoners. The number of prisoners going in with substance abuse issues and mental health issues has increased, yet that budget is going down. This will not solve the problem.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:35 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, the comment that just came from the other side from the parliamentary secretary about facilitating drug abuse goes back again to another bill before us, which is Bill C-2, on safe injection sites. The Conservatives seem to confuse harm reduction with their own slogans. Harm reduction actually works to get people off drugs, whereas their slogans do nothing to get people off drugs.

Could the hon. member comment on the fact that the Conservatives have actually removed harm reduction from the goals of our drug treatment programs?

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:40 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I am flabbergasted that a government would actually remove harm reduction in dealing with substance abuse.

I stress again that if the government is serious about public safety and serious about tackling the drug problems in our prisons, there is a way to do it. It was studied at committee. There are experts who have told the committee how it can be done, but cutting the budget is not how to do it.

The committee made recommendations. None of those have been implemented here. The only thing the bill does is codify a practice that the Parole Board already uses. There is nothing in here that will actually lead to reduction of drug usage in our prisons.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 3:40 p.m.
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Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, just going back to the 2% to 5% that is spent within the Correctional Service of Canada, that is actually about $150 million on average per year. That is not small change, as the NDP would like Canadians to believe. That is actually a lot of money.

I have to ask the question again. If someone continues to do illegal drugs, regardless of whether they are inside or outside of prison, we have to be able to take action against that activity. If rehabilitation and other methods used within the Correctional Service of Canada do not work to help people get off drugs, and people are still smuggling those illegal drugs into the prison system, I would like to know what the member thinks should be done about that particular issue.