Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

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

Sponsor

Steven Blaney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 12:40 p.m.


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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I have been in the House since this morning and I have listened to the debate very carefully. It is almost deafening that the government and Liberal members are not participating in this debate. Why? Surely, if the government is presenting a bill, it would want to defend it and root for it.

Is it because it is an indefensible bill? The title of the bill would not really address the real issue of drugs in prisons. It would just provide a legal avenue for the Parole Board to use urine samples to deny parole, which is already a practice. One would think that for a bill like this, the government would be getting up, cheering and defending it, letting Canadians know what is happening in the House of Commons.

Would the member care to comment on that?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 12:40 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, the member for Surrey North makes an interesting point. I see members opposite, apparently unwilling to get up and talk about this. I suspect there is one reason why. I do not really believe that anybody over there is happy to get up to try to defend the fact that they have called this bill the drug-free prisons act when it would do nothing of the kind. In fact, it has no relation to having drug-free prisons at all. I think the member for Yukon and the committee recognized as much by acknowledging that the title was a bit of an overreach. That is a pretty big admission from the other side.

In fact, it is more than an overreach. It is something that is really indefensible and that is why we do not see anybody on the other side getting up trying to defend it.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 12:40 p.m.


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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, following in a similar vein to my previous question, we know that mental health is a significant problem in our communities across the country. In the intake interviews with prisoners, there is quite a significant number of prisoners who go into our prison system with identified mental health issues.

Instead of complaining, I would like to hear proposals or propositions of how we could make changes. What should we do as responsible legislators to ensure that the occurrences of mental health issues and concerns with our prisoners as they exit the prison system can be reduced, rather than increase or stay the same. According to many studies, mental health continues to be a problem, rather than being resolved or worked on while our prisoners are in the system.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 12:40 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I will quote Catherine Latimer, the executive director of the John Howard Society, who talked about what we could do for people who were out on parole. She said:

We want to enhance the likelihood that communities would be safer. We do that by a supported, targeted parole reintegration scheme that looks at the needs of the individual and how to support those needs.

On the way in to prison, when individuals are taken in and assessed at the beginning, there has to be a program that assesses the addiction problem and provides a proper correctional program for that offender. Without addiction treatment, education and proper reintegration upon release, a prisoner will likely return to a criminal lifestyle and possibly create more victims. That is what we are trying to prevent.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 12:45 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am pleased to rise today to speak to Bill C-12, an act to amend the Corrections and Conditional Release Act, and as others have pointed out, the short title is the drug-free prisons act.

Other New Democrats have indicated today that we are supporting this very narrow bill, and people might wonder why we are rising to speak to the bill if we are supporting it. Part of the reason we are rising to speak comes down to the short title, the drug-free prisons act. Nothing in the bill would contribute toward a goal of drug-free prisons.

One would think, given the Conservatives' approach to being tough on crime, that part of their interests would be that any legislation they bring forward would actually have a goal of keeping our communities safer. So part of that goal would be that, when people are incarcerated, when the justice system has found them guilty and they are incarcerated for whatever their misdeeds were—we would presume the Conservative goal would be to ensure that prisoners are rehabilitated so that they can be reintegrated back into the community in a safe way and thus keep our communities safer.

I think all of us in the House would argue that one of our roles is to ensure that federal employees have a safe workplace. We would assume that any legislation we bring forward would consider whether or not the workplace for correctional officers, men and women who serve in the federal penitentiary system, is safe. I would argue that nothing in the bill would achieve those ends.

I am turning to the legislative summary because it is important to highlight what exactly the bill would do and presumably why the bill came about. The legislative summary says:

The bill requires the Parole Board of Canada (PBC) (or a provincial parole board, if applicable) to cancel the parole of an offender who has not yet been released if the offender tests positive in a urinalysis or fails to provide a urine sample and the Board is of the opinion that the criteria for granting parole are no longer met.

The bill also clarifies the legislative intent underlying section 133(3) of the Corrections and Conditional Release Act 1 (CCRA)—which authorizes a releasing authority to set conditions on an offender's parole, statutory release or unescorted temporary absence—to provide that conditions may be set regarding the offender's use of drugs or alcohol, including when that use has been identified as a risk factor in the offender's criminal behaviour.

There is a long history of drug use within the penitentiary system, and the legislative summary quotes some of that background. Under a section called “The Presence of Drugs in the Federal Penitentiary System”, it says:

Prevalence rates of substance abuse for persons involved in the criminal justice system are “much higher” than those in the general population. According to the Correctional Service of Canada (CSC), “in Canada, 80% of offenders entering the federal prison system are identified as having a substance abuse problem.”

I am going to repeat that number: 80% of people of entering the system have a substance abuse problem. That should be setting all kinds of warning bells off for everybody in the House who is considering legislation.

The summary goes on to say:

The presence of drugs within the federal penitentiary system is not a recent phenomenon. Problems associated with drugs in the penitentiary system were noted in 1990 by the Federal Court of Canada in Jackson v. Joyceville Penitentiary (T.D.), when the Court found that the evidence clearly indicated that:

unauthorized intoxicants in the prison setting create very serious problems including a greater risk and level of violence that affects the safety and security of prison institutions for both staff and inmates.

In 2000, the Sub-committee on the Corrections and Conditional Release Act of the House of Commons Standing Committee on Justice and Human Rights tabled a report entitled A Work in Progress: The Corrections and Conditional Release Act, in which it noted:

One of the issues that arose in virtually every correctional facility visited by the Sub-committee was the entry, presence and use of drugs in an environment where they are not supposed to be found. The Sub-committee also learned that the brewing, distribution and consumption of alcohol are serious problems in many correctional institutions. The consequences of the presence of alcohol and drugs in correctional facilities can be devastating to both the correctional environment and to what corrections personnel are trying to achieve in working with offenders.

Probably people who have listened to this debate would presume that the collection of a urine analysis for drug testing is something new, when in fact, it has existed within the penitentiary system for a number of years.

I will not go over all the history, but the mandatory urine analysis within the penitentiary system began in the mid-1980s, and so it has been going on for decades. There have been some changes to it because of some court challenges and human rights issues, but essentially the collection of urine for analysis and drug testing has been within the penitentiary system for a number of years.

What currently exists? According to the legislative summary, under the heading “Authority to Collect Urine Samples” it says, “Today, the CCRA authorizes the collection of urine samples within the institutional setting in the following prescribed circumstances.”

I will read the prescribed conditions without the explanation, but a number of things have to be present: reasonable grounds; random selection; when required for program activity involving community contact or a treatment program; testing to monitor compliance with conditions to abstain from the consumption of drugs or alcohol; consequences of a positive result or a refusal to provide a sample; and consequences for offenders on conditional release. This is the current situation from before we had Bill C-12 before us.

Therefore, we already have this method. However, in terms of drug-free prisons, I will talk a little later about how effective the programs have been, or have not been, and how little the bill would contribute to it.

On the changes to the legislation, clause 2 of Bill C-12 would amend the CCRA by creating a new section, 123.1, which states that the CSC is required to inform the Parole Board when an offender has been granted day or full parole but has not yet been released, has failed or refused to provide a urine sample or has had a positive urine analysis test.

Clause 3 of the bill would add a new section that states that if the Parole Board has been informed of an offender's failure or refusal to provide a urine sample or positive urine analysis result, and the offender has not yet been released, it must cancel the offender's parole, but only if, in its opinion, the criteria for granting parole provided in section 102 of the CCRA are no longer met.

Clause 4 of the bill would modify section 133(3) of the CCRA to direct the consideration of a condition regarding the offender's use of drugs or alcohol following an offender's failure or refusal to provide a urine sample, and Bill C-12 would give the Parole Board clear legal authority for the imposition of a condition regarding the use of drugs or alcohol by adding that:

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.

Therefore, what we have currently is a situation where the Correctional Service of Canada already does the urine sampling and drug analysis, and now we have this communication link with the Parole Board so that it may be considered when granting parole. However, members will notice that nowhere in there does it talk about rehabilitation or treatment while offenders are within the correctional system. Therefore, how this would contribute to a drug-free prison escapes me. I cannot find anything in the legislation that would create an environment that would reduce the use of drugs in prisons, that would presumably lead to better reintegration into society and more safety for prison staff who have to deal with these inmates who may be intoxicated or under the influence of some sort of drug.

It is interesting that this issue has been raised in any number of venues, and I am going to quote from an April 2012 report called “Drugs and Alcohol in Federal Penitentiaries: An Alarming Problem”. This is a report of the Standing Committee on Public Safety and National Security. In that report, there is a section entitled “The Impact of Drugs and Alcohol in Federal Correctional Facilities”. The report states that:

Upon admission, 80% of offenders have a serious substance abuse problem, and over half of them reported that alcohol and drug use was a factor in the commission of their offence.

Mental health problems are also highly prevalent among inmates in the correctional system. Experts note that drug addicts and inmates with mental health issues generally have complex problems to contend with, such as concurrent mental health issues, drug addiction and alcoholism.

Dr. Sandy Simpson, Clinical Director of the Law and Mental Health Program at the Centre for Addiction and Mental Health, said that substance abuse “is a driver of mental ill health and it is also a barrier to recovery, wellness, and reducing recidivism.” This is all the more alarming since “anywhere up to 90% of a standing prison population will have a lifetime problem of substance misuse or dependence.” The Commissioner also raised this point with the Committee, noting that “[t]his dependency does not magically disappear when they arrive at our gates.”

Anybody who has studied the corrections system is well aware that these substances are illegally available within the correctional system. I think there is a theory out there that when people go to prison, they will go cold turkey and somehow magically be relieved of needing or wanting the substance, but of course, these substances are illegally available in the system, which does not help with reintegration into society.

With regard to that report, New Democrats actually filed a dissenting opinion because, despite all of the testimony that was heard, the report only came down on one part of a proposed solution. In the dissenting report, New Democrats said:

The report: Drugs and Alcohol in Federal Penitentiaries: an Alarming Problem, is fundamentally flawed and fails to adequately represent the testimony heard at committee in a fair manner. Critical information is missing and as a result many of the conclusions and recommendations are incomplete or insufficient, for this reason New Democrat members of the Public Safety Committee have submitted this dissenting opinion....

The most startling example of the information missing from this report is the failure to note evidence that clearly demonstrated $122 million dollars [sic] of Conservative spending on interdiction tools and technology since 2008 has not led to any reduction in drug use in prisons. The Commissioner of Correctional Services Canada...Mr. Don Head, admitted at meeting number 16 on December 1, 2011, that this spending has been largely ineffective according to the CSC's own report on drug-testing, but this information is not reflected anywhere in the committee's report.

Of significant concern is the appearance that the Committee's report reached a pre-determined conclusion that the solution to the problems of drugs and alcohol in prison is increasing interdiction measures. This conclusion does not reflect the testimony that the Committee heard describing the complexity of the problem of drug and alcohol in federal prisons. As many witnesses affirmed, a narrow focus on interdiction measures alone will not serve the purpose of reducing the use of drugs and alcohol....

New Democrats believe that the problems facing Canadian prisons, including mental illness, drug use and the spread of disease, including HIV and hepatitis, are complex and interrelated. Violence and increased population pressures, gangs and drug trafficking in prisons are as interrelated as well. In order to move towards real solutions targeting the issue of drugs and alcohol in prisons, a balanced approach that is based on a complete understanding of the problems that exist is required.

Unfortunately, that report was another example of where the Conservative majority on the committee used the majority to actually subvert the recommendations and witness testimony so that it came out with a very narrow conclusion that simply did not reflect the other work that was done.

I want to turn for a moment to the Correctional Investigator, who provides annual reports that talk about the state of prisons in Canada. In a report from 2012 on the previous fiscal years, he indicated a number of problems, and I would like to take a few moments to raise that. In his report, he stated:

More offenders are admitted to federal penitentiaries more addicted and mentally ill than ever before. 36% have been identified at admission as requiring some form of psychiatric or psychological follow-up. 63% of offenders report using either alcohol or drugs on the day of their current offence. With a changing and more complex offender profile come accumulating pressure points and needs—provide for safe and secure custody, meet growing mental health and physical health care demands, and respond to the special needs of aging, minority and Aboriginal offenders. This is a compromised population which presents some very complex mental health, physical health and criminogenic issues. As I report here, these needs often run ahead of the system's capacity to meet them.

He provided some numbers. People love to talk numbers in the House, as they should. He indicated that the annual cost of keeping a federal inmate behind bars has increased from $88,000 in 2005-06 to more than $113,000 in 2009-10. In contrast, the annual average cost to keep an offender in the community is about $29,500. At a time of widespread budgetary restraint, it seems prudent to use prison sparingly and as a last resort, as it was intended to be.

Later on in the report, the Correctional Investigator outlined some challenges with mental health because, as noted, mental health and substance abuse often go hand in hand.

Again, quoting some statistics, he said:

CSC data indicates that the proportion of offenders with mental health needs identified at intake has doubled in the period between 1997 and 2008. 13% of male inmates and 29% of women were identified at admission as presenting mental health problems. 30.1% of women offenders compared to 14.5% of male offenders had previously been hospitalized for psychiatric reasons.

CSC's use of computerized mental health screening at admission indicates that 62% of offenders entering a federal penitentiary are “flagged” as requiring a follow-up mental health assessment or service.

Offenders diagnosed with a mental illness are typically afflicted by more than one disorder, often a substance abuse problem, which affects 4 out of 5 offenders in federal custody.

That is four out of five. That is 80% in custody.

50% of federally sentenced women self-report histories of self-harm, over half identify a current or previous addiction to drugs, 85% report a history of physical abuse and 68% experienced sexual abuse at some point in their lives.

He reviewed the progress with regard to dealing with some of these matters, and the Correctional Investigator indicated the following:

In a series of reports and investigations over the last three years, the Office has identified gaps in CSC's mental health framework and has further recommended a series of measures where progress is necessary. The following are among the most urgent needs in the federal system that speak to capacity and resource issues and raise questions of purpose, priority and direction:

1. Create intermediate mental health care units.

2. Recruit and retain more mental health professionals.

3. Treat self-injurious behaviour as a mental health, not security, issue.

4. Increase capacity at the Regional Treatment Centres.

5. Prohibit the use of long-term segregation of offenders at risk of suicide or serious self-injury as well as offenders with acute mental health issues.

6. Expand the range of alternative mental health service delivery partnerships with the provinces and territories.

7. Provide for 24/7 health care coverage at all maximum, medium and multi-level institutions.

With regard to drugs in prison, he indicated that there is no question that the presence of illegal substances is a major safety and security challenge. He said:

The smuggling and trafficking of illicit substances and the diversion of legal drugs inside federal penitentiaries present inherent risks that ultimately jeopardize the safety and security of institutions and the people that live and work inside them. Almost two-thirds of federal offenders report being under the influence of alcohol or other intoxicants when they committed the offence.... A very high percentage of the offender population that abuses drugs is also concurrently struggling with mental illness. The interplay between addiction, substance abuse and mental health functioning is complex and dynamic. Living with addiction or managing a substance abuse problem in a prison setting creates its own laws of supply and demand, which in turn is influenced by gang activity and other pressures.

We can see that there is a very serious problem within the prison system. We have had a number of experts who have testified to that in a variety of circumstances, yet the bill does nothing to deal with that problem.

He recommended the following:

a comprehensive and integrated drug strategy should include a balance of measures—prevention, treatment, harm reduction and interdiction. The Office's analysis suggests that CSC's current anti-drug strategy lacks three key elements:

1. An integrated and cohesive link between interdiction and suppression activities and prevention, treatment and harm reduction measures.

2. A comprehensive public reporting mechanism, and;

3. A well-defined evaluation, review and performance plan to measure the overall effectiveness of its investments.

With respect to performance indicators and public reporting, a more balanced score sheet might include consideration of these measures:

Decreased gang activity linked to the institutional drug trade.

Reduction in the number of major security incidents....

It goes on. I know I am running out of time, so I want to conclude by indicating that the Correctional Investigator said this:

On balance, the facts surrounding and impacts of substance abuse and addiction in federal prisons suggest a different approach. 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.

Although we are supporting the bill, I would urge the Conservative government to take a more detailed and complex look at the problem of substance abuse within the prison system.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:05 p.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I have been here all morning. It is now a little after one o'clock. I would like to go through the process. The bill was introduced by the minister. There was second reading debate. Everyone in the House agreed, and it went to committee. There was a discussion at committee and witnesses. It came back here.

There have been comments about why the Conservatives have not been up to speak to this. The fact of the matter is that the whole House agrees with the bill. What opposition members are arguing about today is the short title. They do not like the short title. One party is carrying the debate from ten o'clock until two, is my understanding. Then on another date, we will hear about not having enough time to debate issues.

There is other legislation we could have introduced that the opposition members may actually disagree with, and we could have a real debate in the House.

Based on the respect I have for the member who just spoke, would it not have been a better use of the time of the House to deal with legislation and actually have a debate on other than the short title?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:05 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the chair of the justice committee for that question. I know that he was listening intently to my speech. As I pointed out in my speech earlier, the reason we are here debating this is that we have so few avenues in this House, because of the lack of democratic process, to raise valid concerns about legislation.

What we know about this particular piece of legislation is that, yes, it was referred to committee. There were only a couple of meetings allocated for it.

We have clearly stated in this House that we are supporting this very narrow bill, and we are raising concerns about the fact that the Conservative government has been in power since 2006 and has had nine years to deal with the very serious problems in the Correctional Service system with regard to drug and alcohol abuse, and it has done nothing about it.

The Conservatives introduced interdiction techniques, for $122 million, around security measures that have not looked at prevention, harm reduction, and treatment. What are they doing to make sure that when prisoners are released they are reintegrated into a community in a way that keeps the community safe. What are they doing to keep the staff who work within Correctional Service Canada safe? We know that trafficking in illegal substances makes a workplace unsafe for staff and makes the living arrangements unsafe for the prisoners.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:05 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, following the comment my colleague just made and her speech, does she think it was a missed opportunity for the Conservatives to find real solutions, and not just the appearance of a solution?

As she quite rightly said, it is just a title, but in reality as in the bill itself, there is no solution that will really eradicate drugs from our prisons.

Does she believe the Conservatives have missed a good opportunity to really deal with the problem and find practical ways of solving it? Could today’s budget also provide a practical and genuine opportunity to attack the problem? Does she think the Conservatives have let a good opportunity go by?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:05 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I will start with the tail end of the question on the budget.

I am under no illusion that the government is actually going to take some of its responsibility for some of the most disadvantaged people in this country seriously and put the resources in to work with offenders with a view to keeping our communities safer. I did not get an opportunity to talk about aboriginal offenders, who are seriously over-represented in the federal correction system.

Everyone has to remember what the ultimate goal is. It is to keep our communities safer and to reduce recidivism. I have no confidence that the government is going to put any resources into the Correctional Service that will help us, as a country, meet that goal.

With regard to the bill as a missed opportunity, what is unfortunate is that this is not new information about drug use within the prison system. Correctional Service Canada itself has information that suggests that it is a serious problem. The office of the investigator actually took a look at the stats, and although they claim that there has a been a slight reduction in the number of urinalysis that are showing positive results for drugs, in fact when some other things are removed, like legitimate prescription drug use, they plateau. Their methods are not affecting drug use within the prison system.

Correctional Service Canada, the Office of the Correctional Investigator, mental health professionals, the John Howard Society, the Elizabeth Fry Society, and the list goes on and on, all talk about the serious problem around substance abuse within the prisons, with people both entering and exiting the system with mental health and substance abuse problems.

This was an opportunity to actually do something meaningful instead of putting forward a bill that misleads the Canadian public about what the Conservative government is actually doing to create a drug-free prison system. It is a missed opportunity.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:10 p.m.


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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, carrying on with the theme of the budget that is coming up this afternoon, I know a lot of seniors are concerned about the pensions they are getting. This is another topic I have heard about many times in my community, where seniors are living in poverty. However, I am going to stick to the topic at hand, Bill C-12.

I was glad to see a Conservative member get up to actually ask a question. However, rather than asking a question, the member went on a rant about the title. He did not provide the answer to the question we have been asking all morning: How does the title relate to the actual content of the bill? The title includes the words “drug-free prisons”. However, what we have heard in the House from member after member of the official opposition is that the bill will actually do very little, if anything at all, to curb drugs in our prison system.

The government has an opportunity to invest in rehabilitation and treatment programs in the prison system. I know that most are not very optimistic that the government will take any sort of leadership role, which it has failed to do in the last nine years.

My question is to the member for Nanaimo—Cowichan. Is this a trend with the government in regard to fancy titles for hollow legislation that does not actually address some of the very issues we need to address in this House?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:10 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, it is a very troubling trend. I cannot speak for the government. It is unfortunate that the Conservative government will not get up and explain how this piece of legislation actually contributes to drug-free prisons.

As I noted in my speech, the legislative summary clearly pointed out that drug testing has been going on in the prisons since the 1980s, and we have not seen a decrease in the use of drugs. Again, I need to point out that a lot of these drugs are smuggled in or brewed on site. Testing has not led to a decrease in the use of those illegal substances. They are illegal within the prison context.

There is nothing in this bill that indicates that simply continuing to do the drug testing they have already been doing since the 1980s and simply informing the Parole Board will change anything. The Parole Board still has the option of granting release, depending on the conditions.

It is not clear to me from this piece of legislation, or from any analysis I have seen on it, how this is going to contribute to a drug-free prison. The Conservative government has not stood up in this House and explained it to us.

The government wonders why we want to debate this. It is because it is asking us to roll over on a piece of legislation that does not do what the title says it is going to do. We have a responsibility to the Canadian public to raise concerns when legislation is brought forward. That is simply what we are doing here. We are exercising our democratic right to highlight concerns with a piece of legislation. I want to reiterate that we are supporting it, but we believe that much more needs to be done in order to keep our communities safer.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:15 p.m.


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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I have the pleasure to rise in the House today to talk about Bill C-12.

I will be sharing my time with my colleague from Timmins—James Bay. I will therefore be speaking rather more briefly, but there is no harm done, as I will be leaving the floor to others.

As my colleagues have pointed out, we are going to support this bill. However, we see it as a little piece of paper that does not really solve the problem. It is a little something, but the drug problem in the prisons is a very large one. What is before us today is only a small part of the solution.

This bill provides for ineligibility for parole following a positive test or a refusal to provide a sample. I emphasize that this is already common practice. Drug tests and the refusal to provide a sample are already taken into consideration. That does not change much. It is nevertheless a step in the right direction. At least we are talking about the problem, which is a start. However, we believe the important thing is to create a safer environment for correctional staff, and one in which inmates or ex-inmates can be reintegrated into society and into the community. We have to create an environment in which they can take part in detoxification programs, one with programs and resources for inmates who are unfortunately drug-dependent.

It is also important that we address the problem of street gangs in prisons. It is often street gangs that produce drugs or alcohol inside prisons or arrange for drugs to be smuggled in. Obviously, the result is that the problem spreads and proliferates.

Street gangs and drugs can increase violence in prisons. This concerns me greatly because in Sainte-Anne-des-Plaines, in the riding of Terrebonne—Blainville, there are three federal prisons. Many of my constituents work in one or other of the three. I have spoken to prison workers who are extremely concerned, because their working conditions are unsafe. The environment is not safe because we are not dealing with the problems of violence and street gangs. We are cutting budgets, resources and detoxification programs. We are also increasing the number of prisoners in the cells, with double-bunking, which can increase violence and the spread of gangs within prisons.

Ultimately, it creates a more dangerous work environment for corrections officers. We need to think of those people. They do an extremely difficult job. Not just anyone can do this job in a pressure-filled environment. These people work with prisoners and help protect society. As parliamentarians, we have a duty to do our best to ensure that our prisons are free of drugs and violence. We have a duty to reduce the presence of—if not eliminate—street gangs in prison.

This bill may have started with good intentions, but the government made our prisons less safe by reducing the budget for drug addiction programs by $295 million, which is 10% of the total budget. This will obviously affect the programs, which are often the first targets of cuts to public safety.

However, these programs are essential to helping prisoners rehabilitate. If we want them to become productive members of society, we need to give them a chance to take part in drug treatment programs and free themselves of their addiction. If they have mental health problems, we need to give them the opportunity to participate in proper programs in order to receive care and get their condition under control. Unfortunately these programs fell victim to the Conservatives' budgets.

The government invested $112 million in tools and technology to tackle the problem of drugs in prisons, but failed to achieve the hoped-for results. Now the Conservatives are trying something else. That seems logical to me. This bill might be part of that, but it lacks substance. All it does is reiterate what is already being done, such as screening.

To get to the root of the problem, we need to look at the big picture. If these people have addictions, we need to treat them. If drugs are available in prison, we have to tackle that problem. If drugs are banned in prison, why are they there? If it is because of street gangs, we need to go after street gangs. That seems logical to me, but unfortunately, that is not what is being done.

I talked about the importance of having programs that meet inmates' needs so that they can be reintegrated into the community and become productive members of society. However, the government reduced funding for these programs from $11 million to $9 million even as the prison population grew. That is not enough.

Another thing I wanted to point out, which the Union of Canadian Correctional Officers also pointed out, is that we all want to get rid of drugs in prisons. That is a sincere objective shared by us all. However, we need to be realistic. The union and many other witnesses said that completely ridding prisons of drugs is not a realistic goal. That is important to remember.

The bill's short title is the “drug-free prisons act”. We all want to get rid of drugs in prisons. That is not the issue here. However, we have to wonder if that is realistic. The experts say that it is not. Once again, we need to reframe the debate. Maybe that way we could achieve something.

I want to talk about programs again. I talked about how the budget for drug addiction programs and anti-gang programs was cut from $11 million to $9 million. In seven institutions surveyed in February 2012, only 12.5% of offenders were enrolled in a core correctional program, while 35% were on the waiting lists to access these programs. The waiting lists continue to grow, but institutions do not have the resources needed. It is critical that we address these problems.

In closing, I wish to reiterate our support for the idea of eliminating drugs from prisons, but I want to emphasize the need for resources and programs so that correctional officers can work in a safe environment.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:25 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, if my colleague would indulge me, I wonder if she could put herself in the minister's shoes for a moment and answer the following question: if she had been asked to try to eliminate drugs from prisons, would she have come up with a bill that has only five clauses or would she have presented a much more comprehensive solution?

What kind of action might she have taken to come up with a comprehensive solution to the problem of drugs in prisons?

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:25 p.m.


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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

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

I believe that as a rule, MPs do not usually respond to hypothetical questions.

Nonetheless, in this case, I am being asked whether I, as minister, would introduce a bill with just five clauses to get rid of drugs in prisons, which is no small feat, and the answer is no. It takes a lot more than that.

We need to invest in programs and provide resources. There needs to be a serious commitment to the programs that the inmates have to have access to. There needs to be mental health care. This calls for a multi-faceted solution.

This bill is a piece of paper that may indeed have an impact, but it addresses just a small part of the problem and provides a small offering of potential solutions. What we really need is a greater commitment if we want drug-free prisons.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 1:25 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I am pleased to ask a second question.

I wonder if my colleague would indulge me in another hypothetical question. Does she think it is worth talking to provincial stakeholders to get the provinces' support when it comes to addiction services?

As we know, addicts are more likely to commit crimes in order to pay for their drugs, among other things. That is how they end up in prison.

In the member's opinion, is it also worth talking to provincial stakeholders to address the issue of addiction and mental health?