Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

This bill is from 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 has also written a full legislative summary of the 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-12s:

C-12 (2022) Law An Act to amend the Old Age Security Act (Guaranteed Income Supplement)
C-12 (2020) Law Canadian Net-Zero Emissions Accountability Act
C-12 (2020) Law An Act to amend the Financial Administration Act (special warrant)
C-12 (2016) An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to other Acts
C-12 (2011) Safeguarding Canadians' Personal Information Act
C-12 (2010) Democratic Representation Act

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 10:55 a.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my esteemed colleague from Abitibi—Témiscamingue for sharing her precious speaking time with me so that I can express my views on Bill C-12 on behalf of the people of Beauport—Limoilou.

The title of the bill is “An Act to amend the Corrections and Conditional Release Act”. This bill amends a law. The title sends a fairly disturbing message, one that I would call misleading. I would also like to quote the short title, which the Conservatives liked to trot out all the time. It is the “drug-free prisons act”.

Like many people, I have tried to get dandelions out of my lawn. Everyone knows that is one tough slog. I am not saying it is a lost cause, but those dandelions often come back from the other side of the fence when you least expect it.

First of all, I want to emphasize how unrealistic this bill is, which was also pointed out by the very few witnesses we managed to squeeze into the meetings of the Standing Committee on Public Safety and National Security. Those witnesses, who were not from the department, pointed out that the bill unfortunately did not introduce anything new, despite its value and the fact that it should be supported. Like my NDP colleagues, I support the bill in principle. This bill will confirm a practice that is already established, but it does not solve the underlying problem.

I want to touch upon the Conservatives' message. It is quite ironic that they have not said a thing since this debate began. I should add that the debate only began about an hour ago, and yet there they sit, firmly rooted in their chairs, refusing to listen to the strong objections and, more importantly, the concerns we are raising in relation to the problem of drug use in our prisons. That problem will not be resolved, not really, by passing this bill.

This title, the drug-free prisons act, and these five clauses send a clear message to inmates with drug problems. If they ever want to be released, they will have to satisfy certain conditions. As far as their substance abuse problem is concerned, they know that they cannot count on getting any help and that they will have to face their problem alone.

That has been precisely the Conservatives' approach for years. Repression above all else is what they promise their base. People who are plagued by a problem they often cannot control are told that they cannot count on the Conservatives to spend any money on supporting them and helping them break free them from their addiction to drugs.

It is really too bad. In addition to ignoring the offender population that is facing very serious problems that might prevent early parole and completely undermining reintegration, once again the Conservatives are refusing to listen to experts directly affected by this, namely staff and the Correctional Investigator. These stakeholders are making recommendations to deal with the substance abuse problems in our prisons and other very serious problems that lead to substance abuse, such as mental health problems, a scourge that affects a large segment of the population.

I have some very disturbing statistics, which clearly illustrate the extent of the current problem in Canada's prisons and penitentiaries.

In 2011, 69% of female inmates and 45% of male inmates were treated for mental health issues. That already speaks to the extent of the problem. However, a certain number of mental health cases may not even be treated. This gives us an idea of how this problem cannot be addressed by the pure and simple repression that the Conservatives defend so vigorously. I am going to tell it like it is: it is easy for the Conservatives to score political points on the backs of our inmates while ignoring mental health problems of this magnitude.

I learned about the position of senior RCMP officials concerning the fight against terrorism. The Standing Committee on Finance, which I am pleased to be a member of, is currently carrying out a valuable study of the financing of terrorism. However, what is troubling is that the RCMP is robbing Peter to pay Paul. We had already heard this at the Standing Committee on Finance, but it was confirmed at a meeting of a Senate committee on public safety, if I am not mistaken. The RCMP is transferring investigators from the fight against organized crime to the fight against terrorism. In the funding approved by the House, $1.5 billion allocated to the RCMP was not spent, but instead returned to the public treasury. Everyone knew it, starting with the Conservatives. However, once again they chose to ignore this. In the end, the RCMP and our correctional services do not have the means to address the enormous challenge of fighting terrorism and organized crime. Similarly, correctional officers are increasingly ill-prepared to address mental health issues, the violence in our prisons and drug use. These budgets are unfortunately being cut.

Ultimately, the claim made by the department and especially by the government that the drug problem in prisons is being adequately addressed rings hollow. I hope that my colleagues will speak up in the House and participate in an important debate. Despite the fancy titles the Conservatives give their bills and the claims they make when they are boasting to their voter base, this once again shows that—I am going to say it again—the victims of crime are collateral victims of the Conservatives' decision to abandon the fight against drugs at every level. We need to focus on prevention.

When people are struggling with addiction and mental health problems and when nothing is done to help them deal with those issues or to prevent them in the first place, they get more and more out of control and their condition deteriorates. It then becomes very difficult for them to deal with these problems by themselves. A correctional officer told me very clearly that, for most of these people, there is life after prison. If their mental health deteriorates and their drug addiction leads them down a dead-end street, their reintegration into society and their ability to find a place in it obviously becomes an enormous obstacle that could lead them to reoffend.

Once again, the Conservatives are not facing the problem and are abandoning the victims of crime in this regard. I would like to end on that note, and I look forward to questions from my colleagues in the House.

I would like to repeat that I support this bill, but I hope that the means will follow. However, I have been saying that in the House and in committee for the past four years, and I no longer expect results from this dying government.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:05 a.m.

NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I would like to thank my colleague from Beauport—Limoilou for his speech on a rather important bill that conveys a specific vision of public safety.

My colleague gave us a good analysis of the Conservative way of doing things. I would like to hear him talk about his vision and the NDP's vision of public safety issues. Could he tell us about prevention and about investments in social programs?

What can we do to address this issue? We need to protect public safety in Canada, but how does the NDP propose that we better protect the public?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:05 a.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I sincerely thank my colleague from Brossard—La Prairie for his question.

I do not want to repeat all of the very sensible points made by our highly esteemed colleague from Newton—North Delta, who spoke in favour of education and of the hopes that could be raised when we invest in the future of our young people and the public in general by providing them with opportunities.

I will pick up where she left off and talk about the upcoming budget. As I already mentioned, I am a member of the Standing Committee on Finance. Unfortunately, as with the nine previous budgets, this 10th budget will once again represent negativity and lost opportunities for a large segment of our population. It will cause problems that could escalate and cause people to lose all hope in improving their future or the future of their loved ones.

That is truly disappointing, since the Conservatives have always sought to punish people who stay away from drugs but who do not yet have a good job for their bad behaviour and bad choices. Instead of providing them with opportunities, to be as inclusive as possible and enable people to make real choices, the Conservatives have always limited these choices, and they will continue to do so in this budget.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:10 a.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague for his speech and for telling it like it is. He had no qualms about saying that the Conservatives are politicizing issues at the expense of certain segments of the population, inmates in this case.

When offenders with addiction problems enter prison, no emphasis is put on treating their addiction and no program is offered to help them overcome their addiction while they are there. They are given no resources. They are told they have to figure out how to overcome their addiction themselves if they want to get early parole. Those who do not manage to do so will eventually leave prison with the same addiction problems.

What does my colleague think will happen if we stay on this same path, if we do not change this policy and if inmates keep getting released with the same addiction problems?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:10 a.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague from Sherbrooke for his question.

At the beginning of my mandate, when I was taking my first steps as an MP, I talked to a correctional officer about the reality in our penitentiaries. He said that it was characteristic of this Conservative government to ignore the fact that there is life after prison.

Many people leave our prisons abandoned because they were not guided. They were not given the chance to rehabilitate. The Correctional Investigator and correctional officers are deeply concerned about the deteriorating situation, which unfortunately will only get worse in the coming years.

Again, the Conservatives should be ashamed of keeping silent in this debate. Not one of their MPs has risen to speak. I am really looking forward to the upcoming election. When the Conservatives are called on to defend their sorry record, words will fail them again because they will not have spent enough time practising their speeches.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:10 a.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I have to seize this opportunity. Actually, I have lots to say about the government's silence.

That said, let me first deal with the positive. I want to thank the NDP members on the Standing Committee on Public Safety and National Security, because, especially over these past few months, they have had an enormous amount of work to tackle. I thank the member for Esquimalt—Juan de Fuca, the member for Alfred-Pellan and the member for Compton—Stanstead. I congratulate them on their hard work. I understand the frustration that can set in when you have to deal with bills like Bill C-12.

It can be frustrating to know that, clearly, we could do so much better. It can also be frustrating—as my colleagues have said before me—to see grandiose titles like drug-free prisons act, as we can see written in the bill itself under “Short Title”:

This act may be cited as the drug-free prisons act.

This raises so much hope. People read that and think that that would be wonderful. Then, reality sinks in. After seeing such a grandiose title, I was expecting a rather lengthy, comprehensive bill, since it deals with such a complex issue. Ultimately, with one clause on the bill's short title and just four substantive clauses, the Conservatives are claiming they can eliminate drugs from prisons. This reminds me of the time that they studied the issue of prostitution following the Supreme Court ruling. That bill also had a grandiose title, indicating that, with that bill, the government was going to put an end to prostitution and abolish it in Canada. Well done. There will never be any prostitution ever again. Only, that is not what I am hearing in the street. It remains a thriving industry. It may be done differently, but it still exists.

As I was soaking up my colleagues' speeches—thank goodness they are here to speak in the House—I was reminded of what I dealt with over the past two weeks in my riding. Being in my riding is a much more positive experience than being in the House. Those watching us must be as disheartened as we ourselves can be. Sometimes we get the feeling we are howling in the wilderness, and this is one of those times because we really get the sense that just one side of the House is talking about this, and people are noticing that.

We all know, because lots of people were talking about it, that last week was National Volunteer Week. I made a lot of contacts and met with lots of people in Gatineau who are doing amazing work on all kinds of issues, such as helping people with drug addictions and helping former inmates reintegrate into society.

I sat down with these people and talked to them about the Conservative agenda. I explained to them that I would be giving a speech this week on the fact that the government says it will eradicate drugs from prisons. Mr. Speaker, you cannot imagine how much people laughed at that. They did not take me seriously. They asked me just how the government planned to do that.

I replied by reading clause 2:

If an offender has been granted parole under section 122 or 123 but has not yet been released and the offender fails or refuses to provide a urine sample when demanded to provide one under section 54, or provides under that section a urine sample for which the result of the urinalysis is positive, as that term is defined in the regulations, then the Service shall inform the Board of the failure or refusal or the test result.

They said, “All right, and then what?” I told them about clause 3:

Section 124 of the Act is amended by adding the following after subsection (3):

(3.1) If the Board is informed of the matters under section 123.1 and the offender has still not yet been released, the Board shall cancel the parole if, in its opinion, based on the information received under that section, the criteria set out in paragraphs 102(a) and (b) are no longer met.

They said, “All right, and then what?” I told them about clause 4:

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.

They said, “And then what?” I told them about clause 5:

The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation,...

Members will understand that they laughed because they wondered how this would make prisons drug-free. They asked me to explain how that would happen.

They asked me to explain how that would happen. I told them that there was no explanation. This bill does absolutely nothing, aside from cancelling someone's parole. No one can be against virtue, which is why there is unanimity on Bill C-12. However, this government is once again missing an opportunity to do something good.

For four years now, the government has been giving us bills with fancy titles that sound great but actually accomplish very little. I think that people are starting to realize this. The best example may be Bill C-51. All of the polls showed how the New Democratic Party was seen to be on the wrong side of the fence: we supported terrorists, we were not to be taken seriously when it comes to security, and the government was right.

Those who are a bit more timid, such as the third party, the Bloc Québécois and others, jumped on the Conservative bandwagon. Everyone was unanimous because they thought it was the right thing to do. When the members opposite and the third party remain silent on a bill like this, I tell myself that the NDP is doing the right thing. At report stage and third reading, we should have something to say on behalf of our constituents. I am not saying that that is necessary for all bills, but when it comes to a bill about eradicating drugs in prisons, I cannot believe that the members of the House, who represent Canadians, have nothing to say about their respective ridings.

All of us, or almost all of us, have detention centres, prisons or penitentiaries in our ridings. We can talk to our constituents, our street outreach workers, the people who take care of those with drug addictions and those who take care of inmates. If we really want to make our communities safe, we need to know what we are talking about. We have to be able to read a bill to our constituents without having them laugh at us and ask us if we are serious and if we really believe that a bill will solve the problem. Where is the money for rehabilitation? Where is the money for programs? The Conservatives cut that funding over the past few years. We are constantly being told that we cannot be serious.

We are taking a stand. We are doing the work in committee. We are unequivocally telling the government that this does not make sense and that it is ridiculous to insult people by trying to sell them this. I am sure that this afternoon we will see even more rhetoric about what they are doing. I cannot wait to see what kind of budget the government will allocate to public safety and justice. Why? Because I still think—and I will be surprised if the government proves me wrong—that this government spends more on ads saying how wonderful and extraordinary it is than on programs that could help drug addicts in prison. It is one thing to be able to prove that someone consumed drugs, with a blood and urine test, and to cancel that person's parole, but do we simply want to punish that person or do we want to ensure that he will not continue to have drug problems after he is released? That is what we should be looking at.

This government has little interest in such things. That is ironic, because at the Standing Committee on Justice and Human Rights, one of the first bills that came to us from the Conservative benches, Bill C-583, covered the problems related to fetal alcohol spectrum disorder. It was a meaningful bill that showed it was possible to do something other than punish. It looked at a disorder, one from which many people in prisons suffer, and tried to find solutions tailored to their needs and their problems. There was unanimity, which was nice, but what did the government do? It withdrew the bill. It forced the MP who introduced it to withdraw it for further study. We took a close look at it in the time we were given. Everyone knows that the Conservatives do not give us much time for thorough study. The study will probably produce some conclusions. I am eager to see the final recommendations that will be submitted to the House.

Considering our past experiences with our colleagues across the aisle, I would be willing to bet that the recommendations will simply encourage a more thorough study and therefore do absolutely nothing. This is really just like what the Liberals used to do before them. It is mind-boggling how similar they are; there is no difference. It is astounding.

It is extremely frustrating because, actually, what is happening here today is a perfect example of what is leading the people of Gatineau to ask, when I meet them, what the point of Parliament is. People here do not even have five minutes to stand up in the House and at least explain how the four little clauses I read earlier are going to achieve what the title says, that is, ensuring that prisons are drug-free. Instead of telling us how wonderful and perfect they are, the Conservatives could simply tell us how they believe these clauses will be so successful, when everything else has failed. It is very frustrating.

Fortunately, things are balanced in Canada. Our democracy has an executive branch, a legislative branch, and a judicial branch. At present, unfortunately, Canadian democracy has to rely too heavily on the judicial branch to rebalance the principles of law, which those on the Conservative benches should be familiar with. The Conservative MPs all have the advantages of the Department of Justice: they can consult people ad nauseam and get legal opinions from the top legal minds in Canada. They do not even take advantage of that. They keep passing bill after bill that gets hammered in the courts all the way to the Supreme Court.

Some denigrate the Supreme Court by claiming that it is engaging in legislative activism. That is not the case at all. The Supreme Court tells us legislators that we cannot do certain things, and reminds us that there are laws in this country and that we have a Constitution and a Charter of Rights and Freedoms. It tells us that we can go ahead and pass the legislation that we want, that it is our highest prerogative, but that there is still a framework to be respected. If people are not satisfied with this framework, then it is up to us as legislators to change that. However, we have to work within the Charter of Rights and Freedoms and the Constitution. This is not about judicial activism.

I will digress for a moment to talk about Edgar Schmidt, a former public servant who is involved in a case against the Attorney General of Canada that is currently before the Federal Court. He said that he received orders not to follow the charter at all or to just aim for 5%. A 5% chance of winning was enough to move forward. That is ridiculous. This government does not take its role as the executive and as a legislator seriously. That leads to the results we get when we end up before the Supreme Court of Canada.

Bill C-12 will not end up before the Supreme Court of Canada. That is clear. We would not support it if that were the case. Nevertheless, in my opinion, this bill will not accomplish what it is supposed to. Unfortunately, the bill will only delay the action that could be taken to do much better. If only the government would listen to the heartfelt pleas of the people who told us in committee what the government should do instead of cutting rehabilitation and support programs for people with serious drug addictions, then we might achieve better results.

As the Commissioner of Penitentiaries told us, given all the bills with longer and longer mandatory minimum sentences, prisons have no incentive to place these people in rehabilitation programs until just a few years before they are released on parole. Take for example someone who is serving a sentence of seven or 10 years. That individual will not necessarily be placed in a rehabilitation program immediately. The prison might wait until that person has been incarcerated for five years or until he has only one or two years left before he is eligible for parole. What kind of hardened individual have we created in the meantime?

If we claim to want safer communities, what is our responsibility as legislators? When it is time for these people to leave prison, I would like them to be able to reintegrate into society. What will happen if we do nothing to help them? This is not about being a bleeding heart. I would say that there is a certain measure of self-interest. I want to make sure that these people will not be a threat to my family, my friends, my community or me. We must implement the kinds of measures that will achieve these results. This government does not see it like that and, after four years, we are familiar with their approach. We were not born yesterday. This government likes to use grand titles.

This afternoon, we will probably hear about tons of budget measures that earned us the Conservatives' ridicule just for mentioning them. The Conservatives are going to appropriate them to further their interests and to strut around in the next few months, in a manner that I will not even describe, simply to boast about their magnificent agenda, as though this was the best government Canada ever had. They will want to make everyone forget all those years in the past when they were unable to bring forward a balanced budget.

All the Conservatives have done, in fact, like the good economists they are, is to add to the national debt, after everyone had tightened their belts under the Liberal government of the 1990s. That will not stop them from having a splendidly grand title for their budget, as they did for BillC-12.That is unfortunate. I do not know whether this is what the Conservatives are looking for, or whether it just reaches a portion of the population that is on their side. However, even for those who claim they are tough on crime and believe what the government says, I would tell them to go and read the bill. It is worth doing. I was able to read the bill designed to get drugs out of our prisons in exactly one minute. That gives you a good idea.

If someone listening to me believes that Bill C-12 will help solve the problem, I take issue with that. We should talk because, seriously, no one in their right mind will believe that Bill C-12 will help eliminate drugs from prisons. This is what I call misleading the public.

In my opinion, it is shameful for a government that otherwise proclaims itself to be serious to think it will succeed in slipping this “quick fix” past Canadians. Again, it is unfortunate that when bills have some appeal, like Bill C-583 and others, the government succeeds, through all kinds of procedural tactics, in derailing it.

Moreover, when the Conservatives do not want us to talk too long about something, they bring in time allocation motions. People are no longer fooled, and I saw that firsthand on the ground over the last two weeks. People are aware of this. I am comfortable with that, because the message I am sending to the government is what we have succeeded in doing with BillC-51. That bill had a fairly strong measure of support when tabled in the House, but that is no longer the case. People are not fooled. They understand, because we explain it to them. We are doing our job as the official opposition. We do not do so just on the basis of polls. We do so on principle. We have stood firm.

Some parties may have changed their ideas along the way when they saw they were perhaps on the wrong side of the fence, like the Bloc Québécois. Others, like the Liberal party, decided to persist in their error and continue to support the Conservatives. That is not surprising, because they are much alike.

That said, people are not easily fooled. We too will have the time to explain what is going on, although we perhaps do not have the same budget as the Conservative government, which will spend millions of dollars, not to say hundreds of millions of dollars, on advertising during our hockey games, for example, to tell us how great its budget is.

However, people are not fooled, and they will be able to tell this government that the time has come to stop mocking them and making them believe it is doing things that it does not do at all.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:30 a.m.

Independent

Maria Mourani Independent Ahuntsic, QC

Mr. Speaker, I congratulate my colleague on her excellent speech. She really zeroed in on a number of important points, particularly the uselessness of this bill with respect to stopping drugs from entering our prisons.

Because I worked for a long time in our prisons, I can say that it is a daily struggle to prevent drugs from being brought in in all kinds of inventive ways. Also, we should not forget that drug use is strongly associated with many other problems. Therefore, if we want to eliminate drugs from prisons, we should first and foremost help people to stop using them.

However, as my colleague put it so well, that is almost impossible, because it involves a multitude of variables that the bill does not take into account.

Does my colleague not find that this bill is not only useless, but it also includes things that are already carried out on the ground, such as drug testing and the suspension of parole for offenders who use?

When I read this bill, I had the impression not only that it was useless, but also that the measures it provides for were already being applied on the ground. Did she note the same thing about this bill?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:35 a.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, that is precisely the case. I wish to thank my colleague from Ahuntsic for her question. I will take the opportunity to congratulate her on the work she is doing. As a criminologist, she has inside knowledge that is absolutely invaluable and very much appreciated when the time comes to make informed decisions. I am therefore happy to hear her speak.

I would have liked to hear from other members. I have some colleagues who were police officers and others who worked in detention centres. That is the beauty of being in a parliament where there are 308 voices representing personal and individual experiences that are widely diverse, as well as people who are dealing with situations on the ground.

Much like my colleague from Ahuntsic, I was surprised when I read the bill, because its provisions are in fact already being applied. By putting questions to my colleagues who are more knowledgeable in matters of public safety, I learned that we should not take parole officers for idiots. This bill merely states what is already being done. It is as simple as that.

If there is one thing that should be taken from my speech, it is that the Conservatives only wanted to introduce a bill with a grandiose title like “drug-free prisons act”. The Conservatives are touring around their ridings and saying they have introduced BillC-12 to make prisons drug-free and they are taking serious measures to make prisons drug-free.

People are not going to read the bill. I made a point of reading it in the House because then it will be on the record in Hansard. We will be able to use it and tell people this is it, the vaunted bill in question. The Conservatives have to stop treating people like fools. I advise people to look deeper than the grandiose titles and the smoke and mirrors that the Conservatives have been trying to get us used to for four years.

The fact is that the Conservatives have suffered a series of defeats in the courts and the crime rate for sexual offences against children has risen by 6% in the last two years. Their program is a monumental failure. It is just ink on paper, an excuse to hold press conferences where they can pat themselves on the back. It fixes absolutely nothing.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:35 a.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague from Gatineaufor her speech. She too has not hesitated to tell it like it is.

Can she confirm what I think I understood from her speech: when the bill has received royal assent, it will change nothing in the existing prison system or in how the Parole Board of Canada does things? If that is the case, what actual point is there to this bill?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:35 a.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am glad my colleague from Sherbrooke sees me as someone who tells it like it is. I think so too.

Obviously, the message in my speech is to watch out for people who tell it like it is. Do not be afraid to go deeper than what they say. Even when I speak—and I am saying this to my constituents in Gatineau—people should not simply accept what I say; they should verify the information I give. Do not fall for a catchy slogan, like the one that says the government is going to make prisons drug-free.

In fact, the day after it comes into force, this bill will have an effect in the range of 0% to 5% and not much more than that. That is unfortunate. I will say it again: it could have been much more than that.

As is the case for many justice or public safety bills, if, beyond the title, we saw real efforts on the part of the government in power to create programs that match these absolutely huge announcements, and if we saw financial and human resources in them too, perhaps then the grandiose title would be slightly more credible. As I was just saying, however, they are merely words on paper that are not followed by any concrete actions.

The first ones to laugh at this kind of thing are people who work in the field, but they are too polite to do it to our faces. The volunteers can do it because they are not paid by the government. They do volunteer work with inmates in the penitentiaries, with people who have substance abuse problems and others. Those people see it right in front of them. They think to themselves that they are doing all this volunteer work when the government has enormous resources it could use to make our communities safer. What it comes up with, however, is rubbish like this. That is what they call it.

This amounts to laughing at people, and that is why people are increasingly stepping away from politics, and that is unfortunate. If that is the goal the government is aiming for, well done! Mission accomplished, if the goal is to upset people, so they will lose interest in all of it and go back home.

However, when I see the reactions to Bill C-51or to other bills, I tell the government to pay attention, because at some point it is going to break something that is going to make Canadians stand up as one and say enough is enough. I think that is going to happen, probably sometime around October 19.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:40 a.m.

NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I know my colleague has a lot of experience in this area. Could she give us more of an explanation on the legal aspects of how the bill may or may not help reintegrate folks who have been in prison back into society?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:40 a.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, that is an interesting question. When I read the clauses in Bill C-12, it is all about the possibility for the Parole Board to test people before they are let out on the probation and if they have drugs in their system, it would hold a deliberation. It would do absolutely nothing to ensure they do not take drugs. That is the problem.

As the member for Ahuntsic said, how do we ensure that no drugs go into the prisons? How do we ensure that a person who has a drug problem can get out of that problem? There is nothing, but the Conservatives call it a drug-free prisons act. If that is not laughing at people, I do not know what it is.

So many aspects surrounding drugs in prisons would not be addressed with Bill C-12. It is an insult to anybody's intelligence to claim that it would create drug-free prisons.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:40 a.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, as always, it is an honour to rise in this House to speak on behalf of my constituents from Surrey North, in this case to Bill C-12, an act to amend the Corrections and Conditional Release Act, the so-called drug-free prisons act.

The member before me was saying that the title was almost laughable. In fact, I was laughing when she pointed that out, because there is nothing in this bill that would take any concrete steps to prevent drugs entering prisons or to help those in prison to get off drugs.

There is only one small aspect to the bill, and it is a small bill of three or four pages. It is not detailed. The only thing this bill would really change is that it would add a provision to the Corrections and Conditional Release Act that would make it clear to the Parole Board that it would use a positive result from a urine test or a refusal to take a urine test for drugs in making its decision on parole eligibility. That is all it would do. Basically, it would give legal authority to the Parole Board to use drug tests or urine tests of prisoners to determine eligibility for parole. Here is the kicker. The practice is already in place. The Parole Board already does this. The only thing the bill would do is give it the legal authority, so nothing else would change. That is why the title of this bill is laughable. It is called the drug-free prisons act.

I have yet to hear any Conservative get up in this House and explain it to this House. None of the Conservatives, or the Liberals for that matter, are getting up to explain to us how this would prevent drugs in our prisons. If the Conservatives were really concerned about preventing drugs, there would be a more concrete effort made to address the demand for drugs in prisons, rehabilitation, and those kinds of initiatives. However, there is nothing in this bill that would lead us to hope that one day we will have drug-free prisons, although it is a great aspiration to go toward drug-free prisons. The Conservatives come up with hollow titles for bills that somehow pretend that things are going to happen.

Yesterday, on the opposition day motion, we were talking about the oil spill in English Bay. The Conservatives have been throwing around the idea of a world-class response. We saw what happened in English Bay when the toxic oil was spilled, and it was not a world-class response. It took six hours to reach the spill. Is that world-class? The Conservatives frame things with fancy titles. I have to give them one thing; they are very good at coming up with fancy names for their bills.

The problem is that the legislation itself is hollow. It does not address what we need to address. If they were really concerned about addressing drugs in prisons, they would bring more concrete proposals to this House, and we would be happy. We have always supported having concrete initiatives to ensure that we have safe prisons, drug-free prisons, and prisons that have a good work environment for the people who work in those difficult situations.

I have visited a prison. I was on the public safety committee, and we were studying this very issue of drugs in prisons.

We had a number of hearings. We heard from Corrections Canada staff, experts and many stakeholders throughout Canada. I can say that the majority of those people at committee were of the opinion that we need more rehabilitation in prison to curb this menace in prisons.

I know that Conservatives do not like facts and figures, and they even have trouble with business and economics when it comes to supply and demand. I will get into that in a minute, but I want to go back to the amount of money the current government has spent trying to prevent drugs from getting into prisons and what the result has been.

In 2008, the Conservatives decided to invest, over three years, $122 million to bring in sniffer dogs and ion machines to prevent drugs from getting into prisons. The result of that three years of spending a substantial amount of money was that random urine tests done at the beginning and random tests done at the end did not show any difference. Basically, the amount of drugs in prisons before was still present afterward, even after spending $122 million on interdiction. At the same time, the programs to help these individuals get off drugs were being cut.

In terms of supply and demand, the Conservatives are trying to cut the supply, yet on the demand side, they are not helping those individuals get off the drugs. Sometimes I wonder if the Conservatives actually understand what economics is all about or if they understand the law of diminishing returns.

I had a chance to visit two medium-security prisons in Kingston, the Kent Institution in the Harrison Lake area, and the Matsqui Institution in Abbotsford. I had a chance to sit down with the prisoners, and I asked the warden to step outside. Some of the prisoners were on a committee representing other prisoners. I asked them point blank what had changed in the last three years since the government had started the interdiction program and had spent $122 million of taxpayers' money. I asked if I could get drugs in the prison. They said, yes, sure I could, and then asked what type of drug I would like. When I asked what had changed, they said the only thing that had changed was that the price of drugs had gone up to five or six times what it was before. They could still get the drugs, but the price had skyrocketed. That was the result of the effort by the Conservative government to stop drugs from entering prisons.

Then I asked if they wanted to get off drugs. I said that surely they wanted to get off this stuff and be clean when they got out. I asked what was needed for them to be off drugs. They told me that they needed rehabilitation programs to help them get off these drugs.

The majority of people going into prison, 80% or 90%, have some form of addiction. This is well documented. However, if there are no rehabilitation services or programs to get into when they get to prison, how are they supposed to manage?

This was what the prisoners were asking for. They wanted programs available to them when they got to prison so that they could access those services and get off these drugs. There would be less demand for these drugs, and we could reduce the supply of drugs coming into prisons.

One way or another, once prisoners do their time, they will be out in society. We have a captive audience where we can provide rehabilitative services and programs that will help them get off of these drugs and reintegrate into society when they are released from prison. It becomes much easier to reintegrate if they are off of any substances they were taking before they went to prison. As I said, a high percentage of prisoners are addicted to drugs or alcohol when they get to prison. That is the record.

If we are really serious about curbing the use of drugs in prisons, we also have to look at the demand side and at helping those individuals get off drugs. However, the Conservative government has made cuts to rehabilitation services and programs that would help curb drugs in prisons.

Today is budget day. I know that this is going to be the last budget for the Conservative government, because it will not be presenting a budget next year. I can assure the House of that, because I have heard from my constituents and people from across the country that this is the Conservatives' last budget. If the Conservatives are really concerned about curbing drugs in prisons, they have a last opportunity. Let us make an impact. Talk to the Minister of Finance. Talk to the Prime Minister. Talk to cabinet colleagues. Let us make this real. Let us make that investment in this budget to ensure that we have rehabilitation programs not only in prisons but in our communities.

There have been over 20 shootings in my hometown of Surrey over the last 35 days or so. That is very disturbing to me as a father and as a representative from Surrey North. This is happening in my backyard. There is a gang war going on. There are drug deals going on. There is a turf war going on. Unfortunately, what we had feared happened just the other day. One young man was killed, and there are fears that the violence will escalate because of this tragedy on the weekend.

I urge the government to invest in the very programs that are going to make our communities safer instead of coming up with these hollow, laughable names for bills that do nothing to make our communities safe. Let us make real investments in our communities. Let us fund programs.

I have a motion in the House asking for long-term, sustainable funding for youth gang crime prevention programs. I have talked to service providers in my community that help youth and provide services to at-risk youth. What they have been telling me is that the programs that have been funded through the Canadian government have been cut by the Conservatives over the last number of years. If we are going to make investments in our youth and in safer communities, it is these kinds of programs we need to make investments in.

I have talked to the individuals who provide programs to these at-risk kids, and the results are fabulous. There has been about an 80%-85% success rate in these youths being able to graduate from high school. However, I have seen in my own community that the Conservative government has made cuts to the very programs that help our youth get on the right path and that help make our communities safer.

If the Conservatives were concerned about making our communities safer, instead of presenting hollow, laughable bills in this House, they have an opportunity, their last opportunity, because they will not get that opportunity next year, to commit to making that very investment. When they formed government in 2006, they said they were going to do things differently than the party in the corner over there, the Liberal Party, yet they have failed to do that. They are basically doing the same thing. They are shuffling chairs at a table on the Titanic. It is not helping. If they were really concerned about ensuring the safety in our communities, they would be making investments.

The bill has a very narrow scope that simply gives direction to the Parole Board to legally use the fact that a prisoner failed to provide a urine sample as a tool to deny parole. As I have said before, the Parole Board has been using this practice. There is nothing concrete in this bill, the drug-free prisons act, that would actually enhance or provide for safer working conditions, safer prisons, drug-free prisons.

There is absolutely nothing in the bill, yet the Conservatives have come up with a fancy name to have people believe that somehow, magically, out of the sky there will be drug-free prisons. Frankly speaking, this is their 10th year in government and I think they are running out of new ideas on how to provide for Canadians, whether it is safer communities, providing services, enhancing our health care, or whether it is working toward having a pharmacare program and a day care program.

The Liberals promised a day care program, a child care program, back in 1972. They did not deliver on that. The Conservatives said that they would make hundreds of thousands of spaces available, yet they have not delivered. We have an idea. We will be bringing in child care programs throughout this country once we form the government in 2015.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:55 a.m.

An hon. member

Dream on.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:55 a.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I see the member cheering. He can be sure that we will be forming the government in 2015.

There is one issue that comes up often, and we heard it when we were doing the study into drug-free prisons. If the Conservatives were truly interested in drug-free prisons, they would provide tools and investments for the CSC to have a proper intake assessment of inmates' addictions, and then provide the proper correctional program required.

Without addiction treatment, education and proper reintegration upon release, a prisoner will likely return to the criminal lifestyle and possibly create more victims. It is common knowledge that when a young person is brought into the prison system, it is a university for higher learning from other gangsters with respect to crime. Gangsters are a problem, as I have said, not only in my part of town, but also in prisons.

This is an issue we need to address. If the government were serious about addressing this issue, it would be looking at rehabilitation, looking at investing in our communities across this country, yet the government comes up with hollow titles and tries to pretend that somehow it is actually doing something.

This is a very small step which, yes, I will support, but at the end of the day, what the government is proposing is already being practised by the Parole Board.