Bill C-12 (Historical)

Drug-Free Prisons Act

An Act to amend the Corrections and Conditional Release Act

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

Drug-Free Prisons Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member might not like the answer, but that does not necessarily mean it does not answer in good part the question that has been posed.

The member just made reference to mental health. The budget for mental health is administered through our provinces, and many individuals who are not getting the mental health attention they need at the provincial level ultimately will end up in our prison system. This is why I said that if we want to look at governments, all one needs to do is look in my own backyard in the province of Manitoba. Whether under Gary Doer or Greg Selinger, one will find that the whole issue of mental health has not been dealt with to the degree in which it could have had a more positive impact within our prisons.

I would suggest to members that we need to see a higher sense of co-operation between the federal government and the provincial governments, because both have a role to play in terms of improving the conditions in our prisons. That should be our first goal. It is something which the leader of the Liberal Party and Liberal caucus is committed to doing.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I am very happy to be able to rise today to discuss Bill C-12.I would also like to respond to a few comments by my honourable colleague fromWinnipeg-Centre, who talked about co-operation between the Liberal party and the provinces.

In 1995, the Liberal federal government decided to cut millions of dollars in transfer payments to the provinces in order to balance its budget. That is exactly what the Conservatives are doing. In matters of federal-provincial co-operation, therefore, I am not sure we can count on the Liberals to work with the provinces and offer more services to Canadians and to Quebeckers.

We are talking here about a bill that my Conservative colleagues consider crucially important. In general terms, the bill seeks to introduce a practice that is already in common use. Some government members would like to tell Canadians that this bill is going to work miracles, but that is untrue. This bill merely adds to the Corrections and Conditional Release Act the possibility for the Parole Board to base its decisions respecting parole eligibility on positive drug tests or the refusal to provide a sample.

Yet the board has been doing that for years. Writing it into law is a good objective, but I doubt very much whether this bill will succeed in eliminating drugs from our prisons, as the Conservatives claim. Are they implying that there is a problem with the board itself? That is another question. However, this bill covers only a page and a half. Accordingly, as far as details are concerned, they will get back to you.

The bill is therefore misleading, because it will not do much to eliminate drugs in the correctional system. The solution it proposes is a practice that has been carried out for years, and unfortunately has not solved the problem. I therefore do not see how writing it into law will make it possible to solve mental health problems and eliminate drugs from our federal penitentiaries.

In my speech, I will be giving some ideas for a solution, but I will also raise a few priorities that the Conservatives refuse to consider, preferring to invest elsewhere and put money in the pockets of the wealthiest or the large corporations.

All the witnesses who spoke in committee told us that the bill would have little or no effect on drug use in prisons. We know that the government is using this legislation to cater to the wishes of its electoral base or do some election campaigning, instead of proposing real solutions to a real problem.

The situation is very different in our federal prisons. In connection with the study we are concluding in the Standing Committee on Justice and Human Rights, the Correctional Investigator of Canada came to tell us that over 45% of the federal prison population is dealing with mental health or neurological problems. That is nearly 50% of the population.

In general, unfortunately, these people use drugs. Therefore, is requiring them to take a urine test in order to be eligible for parole going to solve problems at the source, including their mental health disorders? I repeat that nearly 50%, not just 1% or 5%, of all offenders in federal institutions have mental health problems.

We have a problem here and Bill C-12 will do absolutely nothing to help these people. The bill offers them no tangible support. Instead, it cuts the budgets for programs to treat addiction and to provide support for people with mental health problems.

However, they say that enshrining in legislation that someone will or will not be eligible for parole is going to prevent that individual from taking drugs. That is ridiculous. I will give an example: many of my colleagues here have children. When you want a child not to do something, you educate the child, you offer them support, and you talk to them. You do not leave the child with no support and then tell them that unfortunately they have made a mistake and it is their problem. That is not how you solve a problem at its root. If we do that, we have failed in our role as legislators and as a society: to help the most vulnerable people, for example, people who unfortunately have mental health problems or neurological problems.

This is very interesting because the mistaken perspective adopted by the Conservative government when it comes to public safety has multiplied the prison sentences imposed on people with addiction or mental health problems, for example, through mandatory minimum sentencing. I will come back to this later in my speech. Many individuals who are addicts or are dealing with mental health problems find themselves in prisons. The Correctional Investigator of Canada has told us that the correctional service unfortunately can no longer offer specialized services tailored to these people because the Correctional Service of Canada does not necessarily have the resources to detect and diagnose these problems.

At the Standing Committee on Justice and Human Rights, we are doing a study on FASD, or fetal alcohol spectrum disorder. There are no precise statistics because these individuals cannot be diagnosed, but for the moment it is said that they represent about 5% of the federal prison population. According to testimony we have heard at the Standing Committee on Justice and Human Rights, 55% of people who have problems caused by fetal alcohol exposure have addiction problems. What is specific to FASD is that these people have a low capacity for understanding the consequences of their actions, a low capacity for analyzing situations and a low capacity for learning from their mistakes. It has been proven that these people should not be in the prison system because they are not necessarily responsible for their situation. What do we do with these people? Is Bill C-12 going to help them? Is the fact that the government has decided to put it in the bill that they will or will not be eligible for parole going to help them? No. On its face, these people will not receive the help and support they need to overcome their addiction problems.

I would like to talk about the fact that the Conservatives have never acted on the many reports from the CSC in 2006 and 2011 and from the Correctional Investigator of Canada in 2008. Those reports could be used, for example, to tackle the problem of gangs in prisons. The Conservatives are closing down prisons and there is double-bunking in the cells. It has been shown that this leads to more crime and more gang activity, and so to more drug trafficking.

To solve the drug problem at the source, we have to offer support to people who are incarcerated and to correctional officers, so that they are able to do their job properly.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I congratulate my colleague on her excellent and very passionate speech. She has touched on a fundamental aspect of the issue we are discussing today: rehabilitation. That also includes treating people for the various illnesses and pathologies that are found in the prisons. This is crucial because if we could do that, we could prevent the unfortunate consequences and, most importantly, ensure that many of these individuals can be better reintegrated into our society.

Why would it be in the interests of society to rehabilitate these people more effectively and, most importantly, to provide the Correctional Service of Canada with the necessary resources, both human and financial?

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

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

It is fundamental. All the experts agree that the source of the problem is the fact that nearly half the people in our federal institutions have mental health problems. What is more, most of these people also have substance abuse problems.

We have to provide correctional officers with resources to offer programs and support to help people overcome their addictions, so that when these people are released one day, they can return to society in a positive way.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would like to add that most of our institutions lack not only resources, but also planning. What do we do with these people? If we want to prevent crime, then we have to have a public safety plan, a national safety plan. We also need to pass a number of bills in order to prevent different types of crimes. We were talking earlier about criminal gangs. That too takes prevention and resources on the ground.

I would like to ask my colleague what type of resources should be put in place in our prisons in order to prevent various types of crime and especially recidivism?

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, that is a relatively broad and very complex question. The justice system and the prison system form a whole. For example, mandatory minimum sentences will send people to jail and, unfortunately, those people often have mental health or addiction problems. With the increase in mandatory minimum sentences, we have seen an increase in people suffering from mental health and addiction problems. What is being done about this? The Conservatives' response is to write into the conditional release act that inmates do not have the right to take drugs. That is really an insult to our intelligence. It will not solve the problem.

To solve the problem the government must invest in systems and an intervention plan. For instance, when people go to jail, they should be diagnosed and receive tailored services; we need to know what we are dealing with. Correctional officers currently do not have the resources or the capacity to provide services to inmates. Therefore, not only are correctional officers at risk, but so are inmates. There is more violence.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, we are debating at third reading Bill C-12, which adds a provision to the Corrections and Conditional Release Act enabling the Correctional Service of Canada to eliminate drugs from prisons. I must say that this is quite ambitious given that we know that there is not one correctional service in the world that has been able to do this.

This title, which again is reminiscent of a newspaper headline, does not reflect the content of this bill, which actually makes an amendment that is very narrow in scope to the Corrections and Conditional Release Act.

This amendment makes it clear in law that the Parole Board of Canada may use the positive results from drug tests or refusals to take drug tests in making its decision on parole eligibility. Note that the board already does this.

The amendment also makes clear that the Parole Board can impose conditions on the use of drugs or alcohol, once again a practice that is already in place.

In the case of a positive drug test when an individual is on parole, the discretion remains where it should be, with the Parole Board of Canada.

That is why we support the bill. The Parole Board of Canada is independent and is in the best position to judge individual cases and determine the consequences when someone fails a drug test or violates the conditions of parole.

Let us talk a little about the Conservative government's approach and its zero-tolerance approach to drugs. The Conservative government has dedicated a lot of time and resources to eliminating drugs in prison, with little success.

Correctional Service Canada has admitted that the $122 million spent on tools and technologies to eradicate drugs in prisons has not led to any reduction in drug use in our prisons.

According to a 2012 Public Safety study, we know that drug-free prisons are unlikely to be achieved in the real world, yet the Conservative government continues to pander to their base, as always, by investing money with the aim of achieving this unrealistic goal.

The Conservative government's faulty approach to public safety has resulted in more prisoners with addictions and mental illness in our prison system.

The NDP has been steadfast in our support for measures that will make our prisons safe, while the Conservative government has ignored—yes, you heard me correctly, ignored—recommendations from corrections staff, corrections unions and the Correctional Investigator that would decrease violence, gang activity and drug use in our prisons. The government has not only ignored these recommendations but it has also made budget cuts.

In 2012, the government announced that it planned to cut the budget of Correctional Service Canada by $295 million by 2015, and that is what it did. The budget for Correctional Service Canada was cut by over 10%, while during that same period, the prison population grew from 14,000 to 15,000 inmates.

The consequences of these cuts include more double-bunking and the closure of treatment centres for inmates with serious mental problems. This has resulted in increased violence. The Conservative government has also failed to address the growing problem of inmates with addictions and mental illness.

In 2011, 45% of male offenders and 69% of female offenders received a mental health care intervention. Despite this staggering data, the Conservative government still has not asked for a report from Correctional Service Canada, or CSC, on the implementation of recommendations to improve handling of prisoners with mental illness.

Rather than focusing its efforts on a narrow bill, the government needs to invest in rehabilitation programs to limit violence and the use of drugs in our prisons. Our priority should be a corrections system that can deliver effective rehabilitation programs, such as continuing education, addiction treatment and support programs to assist in reintegration. That is the only way to reduce recidivism rates and effectively tackle the issue of repeat offenders.

To truly address the issue of drug use in prison, CSC must have a proper intake assessment of an inmate’s addiction and then provide the proper correctional programming for that offender. Our priority must be to keep communities safe by preparing ex-inmates for reintegration into society once freed from their addiction and thus less likely to reoffend. Without addiction treatment and proper reintegration upon release, a prisoner will likely return to a criminal lifestyle and possible create more victims.

Before I conclude, I would like to say that committee work is not just for kicks. Our mandate is to examine, analyze and legislate to improve our society. I think that the Conservative government is being disingenuous by introducing a bill that does not take into account witnesses' recommendations even though they are the people on the ground. Several witnesses have said that Bill C-12 will not do what the short title says, so the Conservative government should show some common sense and stop its electoral propaganda.

The NDP is the party that listens to constituents, experts and the people on the ground. This bill, like so many of the Conservative government's bills, ignores the real needs on the ground.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, this is all very interesting, and I would like to thank my colleague for her speech.

I talked about this in my speech. The basic problem is clear. Everyone says so. I do not understand why the Conservatives do not get it. CSC has produced a number of reports about how inmates with mental health issues make up close to 50% of Canada's federal prison population.

Right now, there is no plan, no budget, no system to adapt the programs and support services available. Bill C-12 is a drop in the bucket compared to everything that needs to be done.

Can my colleague tell us about some of her solutions to this problem?

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

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

As I mentioned, what this Conservative government is doing is cutting funding in a system that is already struggling. Consider what the the CSC Commissioner said at the time of the coroner's inquest into the death of Ashley Smith. He said that his organization did not have the resources needed in that regard. The Correctional Investigator's report on women who self-harm or commit suicide stated that Correctional Service Canada remains ill-equipped to manage offenders who chronically injure themselves.

That is why we in the NDP believe that there has to be a greater focus on drug treatment programs, education and the reintegration of people who are victims of their drug addictions. We know that most people who are in prison, up to two-thirds of the prison population, suffer from mental illness, which is why substance abuse treatment is needed.

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, I thank my colleague for her speech. She is a doctor. She has a health care background and therefore feels empathy for these people.

I have seen figures estimating that over 2,000 or 2,400 inmates are currently on waiting lists for drug treatment programs. If I were to say that that bothers me, I know the members opposite would say that I support criminals, more or less like grade school children.

I am actually thinking of the consequences. If these people are treated like animals in prison, it is much more likely that they will reoffend and we will have more victims. This is a complex, long-term problem.

What are my colleague's thoughts on this aspect of the problem, which requires long-term reflection, specifically to avoid creating more victims in Canada?

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I would like to thank my colleague for his question.

As we said, every program requires money and human resources. However, this government is not using common sense.

The only way to address the problem of recidivism is to treat drug addictions. In the past, this involved methadone treatment, but now it involves opiate substitute treatment. Unfortunately, not all inmates have access to treatment and here again there are waiting lists. Some people serve their sentence and leave prison with the same problems they had when they arrived or worse. With the Conservatives' zero tolerance policy, people leave prison more hardened and will likely victimize more people. The government's policy does not work.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, Bill C-12 seeks to add a provision to the Corrections and Conditional Release Act that makes it clear that the Parole Board of Canada may use positive results from urine tests or refusals to take urine tests for drugs in making its decisions on parole eligibility.

This gives clear legal authority to an existing practice of the Parole Board. I support that and so I support this bill, since it simply places something that already happens in practice into the act.

Since we are talking about a provision that is rather straightforward and relatively uncontroversial, I want to take the time to talk about related issues that I believe need to be addressed, so I will take the time that has been allotted me to do so.

The government is making our prisons less safe by cutting funding to correctional programming, such as substance abuse treatment, and increasing the use of double bunking, which leads to more violence. That is not only dangerous for inmates but also for those who work in correctional institutions. It also does not promote rehabilitation. This is an issue that we all need to be concerned about.

Our priority should be ensuring community safety by preparing former offenders to reintegrate back into society, and by helping them overcome their addictions and become less inclined to reoffend.

A report from Correctional Service Canada in 2011 states that there ought to be improved access to medical professionals and medical health services and a continued focus on the role of substance use and self-harming behaviours as coping mechanisms, and that there are several issues regarding the implementation of programming specifically related to the availability and accessibility of programs, the frequency with which programs are offered, and the wait lists of these programs.

The prison population is increasing at the same time as the Conservative government is closing institutions, and this has resulted in directive 55, which I am sure all of my colleagues are aware of, from Correctional Service Canada, which establishes a procedure to normalize double bunking. In my province of Quebec, that has led to double bunking at 10%. Staff and the Correctional Investigator have repeatedly stated that this leads to increased violence and gang activity.

Further, I want to underline that according to Kim Pate from the Canadian Association of Elizabeth Fry Societies, the rise in women serving federal sentences is directly related to cuts in social services, social programs, health care, education—all the programs that traditionally help level the playing field for those who are most impacted. By “those”, we often mean, of course, indigenous peoples, women, poor people, and those with mental health issues.

According to Correctional Service Canada data published in 2011, 27% of women incarcerated were convicted of a drug-related offence.

According to the Office of the Correctional Investigator's 2011-12 report, almost two-thirds of inmates were under the influence of an intoxicant when they committed the offence leading to their incarceration.

I want to raise the fact that we are looking at people being incarcerated who need to deal with this issue.

I also want to state that the majority of women incarcerated—86%, to be specific—report having been physically abused at some point in their lives, with two-thirds of the women, 68%, reporting that they had been sexually abused throughout their lives. When we talk about using drugs as a coping mechanism, especially when incarcerated, we need to keep this in mind.

A zero tolerance stance on drugs in prison is proving to be a completely ineffective policy. Meanwhile, harm-reduction measures within a public health system and treatment orientation offer a far more promising, cost-effective, and sustainable approach to reducing subsequent crime and re-victimization. That is from the report of the Office of the Correctional Investigator in 2011-12.

According to a report looking at policy for offenders with mental illness published in 2010, compared to the general population, the rate of mental illnesses among jail detainees is almost twice as high for women, and detainees with a serious mental illness have co-occurring substance abuse disorder.

That is why we are talking about both these things right now. We are talking about mental health and drug use as being correlated and as being major issues that need to be dealt with within the incarceration system, not only for the betterment of the detainees and their reintegration into society, but also to reduce violence in the future, to reduce violence within prisons, and also to make correction officers' workplaces safer ones.

Individuals with mental illnesses are not only disproportionately represented in the criminal justice system, but they are also disproportionately likely to fail under correctional supervision. In 2011, 69% of female offenders received a mental health care intervention. When we are talking about their being more likely to fail, we are talking about 70% of the women who are currently incarcerated being those who are more likely to fail. Those are staggering numbers.

To really tackle this problem, we must also tackle the problem of substance abuse in prison. To that end, we must first implement an intake assessment process to accurately measure the level of drug use by inmates, and then provide adequate programs for offenders in need. We talked a lot about that today. We have to ensure that these women have access to these programs and services because, as I mentioned, a large percentage of incarcerated women suffer from mental health or substance abuse problems, as do these men. Without drug addiction treatment, education and proper reintegration upon release, offenders run the risk of returning to a life of crime and claiming new victims. We want to avoid that at all costs.

We should strive to have a correctional system that provides effective rehabilitation programs such as ongoing education, substance abuse treatment and support programs, in order to foster the social reintegration of offenders when they are released. That is the only way to reduce the rate of recidivism.

The last point I would like to make is the following: we want to ensure that prisons are a safe workplace for the people who work there. As I mentioned earlier, we can start by eliminating the practice of double-bunking and ensuring that resources are allocated to the treatment of inmates with substance abuse or mental health problems.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague for her speech. Although we support the idea and the principle behind this bill because it represents something positive, there is no denying that we are very concerned about how the Conservative government plans on addressing the scourge of drugs.

As my colleague indicated, problems have escalated in our prisons and the situation is almost unmanageable in some respects. Drug addiction prevention programs at Correctional Service Canada have undergone significant cuts. The situation is so serious that the Correctional Investigator made some very important recommendations. One of the recommendations was an assessment of prisoners at intake into correctional programs to identify their addiction problems and to help meet their needs to reduce their dependency on drugs.

Could my colleague comment on how the government will help—or likely not help—prisoners who are struggling with addiction?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I thank my colleague for asking this question.

Just the cuts to Corrections Canada have dramatically affected the availability of services and programs that do help inmates. Unfortunately, we can see them going down the path of making those cuts and also increasing prison sentences, and therefore, the number of people who are incarcerated. This is a very dangerous situation where now, for just services such as dealing with mental health, dealing with drug addiction, the waiting lists are so long that inmates can wait their entire prison sentence before getting the services. Therefore, they go back into society without the rehabilitation that was needed. These individuals have a much higher recidivism rate.

As I mentioned earlier, 70% of incarcerated women have mental health issues. This means that these services are extremely important and we need to strengthen them. Unfortunately, the government does not really appear to be ensuring that these services are provided.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to thank my colleague from Argenteuil—Papineau—Mirabel for her excellent speech on Bill C-12. Today I would like to share some thoughts about this bill in particular with the House of Commons.

First, I would like to say that the title of Bill C-12 is misleading, considering the content. It is misleading to say that Bill C-12 will eradicate drugs from our prisons. Unfortunately, nothing in this bill will address the problem of drug addiction in our prisons.

I expected better from the federal government. I wish it had handled this issue with greater respect. Unfortunately, it did not. As my colleague pointed out in her speech, that is always the problem whenever it comes to issues associated with drug addiction and mental health. Nothing in this bill tackles the problem directly. There is nothing here that will help the men, women and first nations people coping with drug addiction, which, sadly, is so widespread in our prisons.