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

[The Acting Speaker, Conservative, Bruce Stanton]

Before I recognize the hon. member for Chambly—Borduas to resume debate, I have to inform him that I will have to interrupt him at around 6:30 p.m. because that will be the end of the time allotted for government orders. I will tell him how much time we have left and the hon. member will be able to finish on another day.

The hon. member for Chambly—Borduas.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, the same questions keep coming up. When we talk about public safety, we always get the same old simplistic platitudes to try to describe our position on this file, which we believe is the responsible one. I can certainly address several points that are often raised by our Conservative colleagues.

Before getting deep into this discussion on Bill C-12, I would like to tell a story.

I had just recently been elected. This was in January 2012, if I am not mistaken, so almost a year after the election. We were taking part in an activity that we organize every year and that takes place in Chambly. It is an informal reception organized by community organizations that gathers all MNAs and MPs from the region to discuss issues of concern for the coming year. Often the issues are smaller and more local and involve funding for the organizations and their goals. However, there are many organizations working on prevention with young offenders. At that time, the omnibus Bill C-10 was a significant source of concern for some of these organizations.

I would venture to say that the points that were raised still apply today. Those involved are proud of the position that I took. It is also the position of all of my colleagues and of our party, which is responsible, despite what the members opposite may say. Public safety is certainly not an easy issue. We must create a society in which people feel safe, a society where they not only feel safe but truly are safe. We need to do this in a responsible manner. For example, people who are ill must be treated, whether they are dealing with a mental illness or an alcohol or drug addiction, which is what we are talking about today. This requires some compassion. I hesitate to use the word compassion because the members opposite practically consider it to be a bad word. It is difficult to balance compassion and safety, but we are trying to do just that. It is not easy, but we did not choose to go into politics to face easy challenges. We are prepared to take on that challenge. I believe that our public safety critics, my colleagues from Esquimalt—Juan de Fuca and Alfred-Pellan, and our justice critic, the hon. member for Gatineau, who sometimes works with them, do an admirable job in this area.

They do their work responsibly, rather than boiling these very complex issues down into catchy phrases such as the title of the bill, which has been referred to many times today as a bumper sticker policy. The title is dishonest by the way.

Saying that the bill will help to do away with drugs in the prison system is dishonest because the bill basically legislates to implement a practice that is already used by the parole board. That practice will now be enshrined in law. Of course we support this bill. We do not have a problem with enshrining an existing practice into the law or with doing away with inappropriate actions associated with this practice. However, when we talk about getting rid of drugs, we have to keep in mind that drug addiction is an illness and treat it as such.

I spoke about the approach that my constituents shared with me in forums, such as the informal reception that I mentioned, and in the letters they write to me, because every time we talk about justice or public safety, the government always accuses us of being against public safety, and that is not true.

Interestingly, the people in my riding are very proud of our approach. Given how the government is handling this issue, it seems to be suggesting that the people in our communities, the ones who elected NDP MPs, are less concerned about safety in their communities, but that is absolutely wrong. The difference is that, in addition to advocating for safety, we also advocate for solutions to social problems everywhere, including in the prison system.

As I have said before, the problem is that this is a disease. I have said it before and I will say it again. What do we do with people who are sick? We try to make them well. This is a public health problem. I really want to emphasize that because in the end, we are not doing this just for the individuals, but for the community. By the time these people come back into our communities, back into society, we want to have done our part as citizens and as legislators by creating an environment that will support their reintegration and help them get better. People around them will feel safe knowing that we have stepped up to help these people. I see no shame in that. It is a balanced approach that people are very proud of; at least the people in my riding are.

Since this debate started today, whenever we talked about treatment and the fact that these are diseases and that we should do more to protect public health, others have talked about all the funds invested in various programs. That is not enough. We hear about waiting lists, and a Conservative member claims that those lists are a sign the program is working, but the opposite is true. Those people are not there because they want to stand in line for treatment. We have to take this problem more seriously, and we will not solve it by cutting resources, which is what has been going on for a long time. When the government says that it has invested a certain amount, once again, it has to specify that it is covering only one small aspect, among many, of drug treatment. It is not a priority. It is an amount invested in the prison system—not to mention all of the cuts—and only a small percentage is actually allocated to this major problem.

If we do not take this problem seriously, we would be sending the wrong message to the communities that might reintegrate these people after their release. In addition, this problem also affects the employees of the corrections system. In prison environments, the same phenomenon is seen when it comes to double-bunking: a government that does not care about the details, and when we try to point them out, it accuses us of standing up for criminals, although that is not the case.

We want to create a safe environment for people who work there, such as the prison guards, but also an environment where these problems do not spread any further. For instance, it is important to help people who enter the system with substance abuse problems, which will also prevent the spread of such problems. If that is not done, substance abuse will continue despite our best efforts, and will spread to other people. We will have done nothing to solve the problem. I do not believe that such a bill solves the problem. Once again, we will be supporting this bill, but the fact remains that it is not nearly enough.

It is as though we have travelled only half a kilometre on a journey that is 100 kilometres long. Much more is needed, although that is not what this government is doing.

If we do not help these people and if we do not take this scourge seriously, we will do nothing to eliminate the problem of drugs in our prisons.

Coming back to the bill's title, it talks about making our prisons drug free, but that is not what this bill does. The Conservative Party is not addressing the real problems. Even worse, it is going to try to get itself re-elected based on a bill's title that gives the impression that it actually does something. As an MP, I find that unacceptable, and my constituents share that opinion.

I would not be surprised to see a fundraising letter from the Conservative Party boasting about what it did to eliminate the problem of drug use in prisons, saying that this is how it got drugs out of our prisons.

What happens then? The voters and even the members of the Conservative Party who want to fix this problem as much as we do will get the impression that something was done, when in fact, the government simply adopted a band-aid solution. The issue is much more serious than this bill and the Conservative Party's rhetoric would have us believe. It is not just a matter of safety, but also a matter of health.

I think that putting on rose-coloured glasses and ignoring the problem shows a lack of respect. Earlier I mentioned addressing this issue responsibly, and it is not as though the government is not trying to solve the problem. It is interesting that a Conservative member who sits on the Standing Committee on Public Safety and National Security told my colleague from Beaches—East York during his speech, that the NDP was acting as though the sky was falling.

I know our public safety critic very well and I know that he would never resort to exaggeration. He is very thoughtful and insightful. I know from experience that he makes fair and sensible proposals in committee to fix public safety problems.

In conclusion, we will support this bill, but we urge the Conservative government to take this issue as well as public safety more seriously. We are calling on the government to stop taking intellectual shortcuts and accusing us of supporting the criminals. That is ridiculous and it needs to stop.

We need to start acting responsibly, to fix public safety problems and also to create an environment in which our constituents feel safe. Furthermore, when people get out of prison and reintegrate into our communities, we will have taken a step in the right direction to try to combat their illness.

It is time to stop insulting the NDP and claiming that we do not take this seriously. We do take this seriously. The Conservatives need to stop telling me that I do not take my constituents' safety seriously. That is untrue. I also take public health problems seriously. This is the balanced approach that my constituents support. I hope that they are proud to see that the NDP supports this, and this is certainly the responsible approach we will take to form an NDP government.

We must stop using a black or white approach to public safety. We must stop causing division in our communities. It is time we realize that we can both help the people who are seriously ill and keep communities safe. Any rhetoric that encourages disdain or cynicism is no use when it comes to this issue. We must keep this in mind as we debate this bill.

We will support this bill. I am fully confident in my colleagues who will discuss these issues further in committee.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Chambly—Borduas will have five minutes for his speech when the House resumes debate. Of course, the time allotted to questions and comments will be 10 minutes.

Bill C-12—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Orders 78(1) and 78(2), with respect to the second reading stage of Bill C-12, an act to amend the Corrections and Conditional Release Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the bill.

The House resumed from November 25, 2013, consideration of the motion that Bill C-12, An Act to amend the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Drug-Free Prisons Act

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, I will be splitting my time with the member for the great riding of Sherbrooke. It is not as great as the great riding of St. John's South—Mount Pearl, but it is a close second.

I stand in support of Bill C-12, An Act to amend the Corrections and Conditional Release Act, also known as the drug-free prisons act. However, that title is incredibly misleading as the bill before us will not lead to drug-free federal prisons, I am sorry to say.

There is not a chance of drug-free prisons without two things: resources and rehabilitation. However, the word “rehabilitation” is not in the Conservative dictionary. It is not in the Conservative budget. It is not in the Conservative mindset. Good luck to the interpreters trying to explain the concept of rehabilitation through the Conservative earpieces. The interpreters will earn their money this evening. The bill would do nothing, if anything, to achieve drug-free prison status.

Bill C-12 would do is add a provision to the Corrections and Conditional Release Act whereby the Parole Board may use a positive urine test for drugs or refusal to take a urine test in making its decisions on parole eligibility. In other words, if one is a prison inmate and tests positive to a urine test for drugs, or refuses to take that urine test, the inmate may not get out on parole.

Now the rub with the bill before us is that the Parole Board of Canada already considers prison drug tests when making its decisions on the eligibility of offenders for parole. Therefore, there is nothing new in the bill. It would just give clear legal authority to an existing practice that the New Democratic Party of Canada supports. So the title, “drug-free prisons act”, is misleading, as I said earlier. There is nothing new here.

Now, oddly enough, when I was preparing for this speech and reading up on the drug-free prisons act, my thoughts kept turning to seals, for example, harp seals in the north Atlantic. I can see from the look on the members faces that they are puzzled. How can I make the leap from the drug-free prisons act to seals? I will explain.

Back in early March, I gave a speech right in this very spot in support of Bill C-555, an act respecting the marine mammal regulations. The bill would increase the distance that an unofficial observer, a seal hunt protester, for example, must keep from sealers going about their business of killing seals. Right now, it is against the law for an unofficial observer to come within a half nautical mile of the hunt. Bill C-555 would increase that buffer zone from a half mile to a full mile. Here is the thing: the half mile that is there now is not enforced, so increasing the distance to a full nautical mile is lip service. It means absolutely nothing.

What I said in my speech was that Bill C-555 was a sham, a charade, an illusion, a nuisance bill to make it appear that the Conservative government was defending the seal hunt, to make it appear that the government was the champion of the seal hunt, when it so clearly was not. Under the Conservative government, we have seen the biggest collapse of seal markets in history.

Now, back to the drug-free prisons act. What is the correlation? What is the connection? It is that the drug-free prisons act is also a charade. This is déjà vu. Bill C-12 would have minimal impact on drugs in prison. The title is absolutely misleading.

The Conservative government is using legislation to create an opportunity to pander to its base, without presenting a real solution to the issue of drugs and gangs in our prisons. The Conservatives will tell their base that they passed the drug-free prisons act. Great—Conservative job done. Only the job is not done. It is more Conservative sham, charade, illusion and sleight of hand, just like the seal bill.

In fact, the government is making prisons less safe by cutting funding to prison programs such as substance abuse. The government is making prisons less safe by increasing the use of double-bunking that leads to overcrowding, which then leads to more violence. It is well known that a high percentage of inmates in our prisons who abuse drugs also suffer from mental illness. At the same time, the budget of Correctional Service Canada for core funding such as substance abuse has been cut. Make sense out of that.

The Conservative government has closed treatment centres for inmates dealing with serious mental illness, but we would have a drug-free prisons act. Problem solved; it is all good. It is a charade. A flashy title does not solve the problem. Prisons should be renamed crime schools, crime schools that are endorsed by a Conservative government that fails to address double-bunking and gangs, a Conservative government that fails to support rehabilitation and drug abuse or mental illness. The Conservative crime school in my riding is known as Her Majesty's Penitentiary on the shores of Quidi Vidi Lake in east end St. John's. Newfoundland and Labrador is the only province in Canada without a federal prison. Her Majesty's Penitentiary is a provincial institution that takes in federal inmates.

The Conservatives have long promised to help build a new penitentiary, but we are not holding our breath. If we did, we would be long dead. Her Majesty's Penitentiary boasts a block that was built in 1849, 100 years before Confederation, before Canada joined Newfoundland and Labrador, a prison that is 165 years of age. Imprisoning inmates there has been compared to taking people from the 21st century and putting them back into the 19th century.

The latest story on Her Majesty's Penitentiary is from earlier today, just today. According to a CBC story, three inmates of Her Majesty's Penitentiary were charged after assaulting another inmate over the weekend with a broom handle. The victim was treated in hospital and released, thankfully. The story quotes the head of the union representing correctional officers as saying that the weekend assault was the fifth violent incident at that facility since last summer, and some of these incidents have included riots and hostage taking.

The leader of the union representing correctional officers at Her Majesty's Penitentiary says that it has become a more violent place, with prisoners involved with drug and gang activity inside prison walls. I repeat, drug and gang activity inside prison walls. Would the drug-free prisons act change that? There is not a chance, not at Her Majesty's Penitentiary and not at federal prisons around this country. Conservatives are not addressing drug addictions in prisons or mental illness, or gangs, or overcrowding, or double-bunking, or self-harm—suicides, in other words. Conservative legislation, such on as mandatory minimums, is leading to an increase in prison populations at the same time that prisons are closing, or prisons that should be replaced are not being replaced.

I like the advice of the federal Correctional Investigator. The advice is this. Prisoners should be assessed at intake into a prison so that addiction problems are identified and there can be better access to rehabilitation programs. What a novel concept: treating problems as they are assessed. According to the 2011-12 report of the Office of the Correctional Investigator, almost two-thirds of offenders were under the influence of a drug when they committed the offences that led to their imprisonment. Four out of five offenders arrive at a federal institution with a past history of substance abuse. In the meantime, Correctional Service Canada devotes between 2% and 2.7% of its total operating budget on core correctional programs like substance abuse. Is that enough? No, it is not nearly enough. While New Democrats support the drug-free prisons act, is that enough? No, it is not enough.

If the Conservatives say different, and they will, it is just another charade, a sham, an illusion. It is the Conservative way.

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, many people in my riding of Kingston and the Islands would like to see drug-free prisons or at least prisons with less drug use, because they work in the prisons.

The Prime Minister has said that what we do not measure we cannot manage. Is there any provision in this legislation to provide funds to measure the effect of the bill, to measure a baseline for drug use and the change in drug use in prisons? Is there any provision in the bill to measure its effect?

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, there is no money in the bill to measure the extent of the problem or to assess the extent of the problem. There is also no money in the bill to treat the problem.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, perhaps it is the late hour, but I thought I heard the member opposite say that he supported the bill. I do not know if that is correct or not. I would like the member to clarify that.

I heard a lot of criticism of the drug-free prisons bill. Would the member not agree that this is the first time this issue is being talked about and attacked and dealt with by doing something about the problem of drugs flowing freely in many prisons across this country?

Could the member please answer those two questions?

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, I have struggled with this a bit. Certain bills have come before the House that I have agreed with, like the seal bill that I mentioned in my speech, like the offshore liability bill that was brought forward in the House a few months ago, and like the drug-free prisons bill. I do agree with them, but they do not go nearly far enough.

This particular legislation would not do anything to address the problem with drugs in our prisons. It would certainly not make them drug free, as the misleading title of the bill indicates.

The bills do not go nearly far enough.

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

Mr. Speaker, I would like to thank the hon. member for St. John's South—Mount Pearl for his speech today. He did a great job summarizing the position of those of us on this side of the House concerning Bill C-12.

At the beginning of his speech, he said that the title of Bill C-12 is incredibly misleading. It mentions “drug free prisons”, but that is not at all what this bill is about. The Parole Board of Canada already has this discretionary power. The bill changes absolutely nothing.

There are three federal prisons in my riding. Correctional officers have been concerned since the Conservatives came to power. Double bunking is becoming increasingly common in our prisons, and that is a safety issue for workers, who are watching these federal prisons become schools for crime.

What does my colleague think about the Conservative attitude? The Conservatives pretend to be tackling a problem but then they forget about rehabilitation and do not bother to implement programs that our correctional system so desperately needs.

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, as I said in my speech, what the bill amounts to is the Conservative government pandering to its base. If drug tests are already being used to determine eligibility for parole, this would make it official. It is really absolutely nothing new. The member makes a great point.

The real problems that I pointed out in my speech, like addictions and mental illness, are not being addressed. Program funding is actually being cut. Until we see prisoners being rehabilitated, we are going to see a revolving door in penitentiaries right across this country.

The problems have to be addressed. This legislation would not address those problems.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, we have changed topics, but this is a sensitive issue as well. I am pleased to speak to Bill C-12, An Act to amend the Corrections and Conditional Release Act, on behalf of the people of Sherbrooke. The short title of the bill is the Drug-Free Prisons Act. I am sure the members noticed how my tone changed as I read out the short title.

If only that were truly the case and this bill contained meaningful measures to tackle the issue of drugs in prisons. However, upon reading the bill, it is clear that the only part of the bill that talks about drug-free prisons is the title. Like my colleague from St. John's South—Mount Pearl said, it is just a flashy title that panders to a certain group of people that love the bill's title. In reality, this bill will do nothing to eliminate drugs in prisons.

I will explain in more detail why I say that there is no real substance behind that title.

We will support the bill at second reading. It is an interesting measure, even though it simply confirms that the parole board can take into account the fact that the offender tested positive in a urinalysis or refused to provide a urine sample for a drug test when deciding whether someone is eligible for parole. This is already a long-standing practice for parole assessments. The bill serves only to make it official by enshrining it in law.

I want to take a moment to say hello to everyone who works for Correctional Service Canada in Sherbrooke. I had the chance to visit their wonderful King Street office about a year and half ago. I believe they manage all the parole cases in the Sherbrooke and Eastern Townships areas.

Passionate people work hard every day to ensure that our communities are safe and that people released from the federal correctional system are well equipped to resume their lives as honest, law-abiding citizens. These people help former federal inmates. I would like to acknowledge them today and congratulate them for the work they do and will continue to do every day.

In one sense, Bill C-12 goes in the right direction even though it does not do a lot. To really address the drug problems in federal prisons, many things should have been done, including investing in the resources required for the rehabilitation of inmates. All this bill does is enshrine in law what is already being done in practice.

The NDP has always supported measures to make our prisons safer, whereas the Conservative government continues to ignore the recommendations of correctional staff and the Correctional Investigator of Canada, which would reduce violence, gang activity and drug use in our prisons.

Several measures were proposed and were discussed by experts and the people who work in this area every day. However, they were not included in the bill. Why? The Conservatives will have to tell us. I hope that one of my government colleagues will rise in the next few minutes to defend Bill C-12. As we know, the Conservatives have missed 145 speaking slots. That is their choice. They asked to extend sitting hours to midnight, but they do not seem interested in the debates in the House, except when they ask some questions now and again. Otherwise, parliamentary debates do not seem to be a priority for the government or for the members of the second opposition party.

I am pleased to participate in the debate, but I am sad that it is a one-sided one. The NDP is the only party participating. It is too bad that they claim to want to work, but all they do is listen. I hope that they will ask some questions. There seems to be a sudden interest from members on the other side of the House, so it will be interesting to debate the bill.

This bill addresses drug use in prison. The government is using this bill to kowtow to the wishes of its voter base, without proposing any real solutions to the drug and gang problems in prisons.

I said something similar in my speech on Bill C-2: the government is using Parliament for partisan purposes. This bill is called the Drug-Free Prisons Act, but it does nothing to eradicate drugs in prison, because all the bill does is confirm a practice already established by the Parole Board of Canada. It is easy for the Conservatives to write an email saying that they will eradicate drugs in prison and that people should support them by sending money. That is how the Conservatives work. That is what they did with Bill C-2 and that is what they are doing with Bill C-12. It is funny that they have not yet sent out an email. I subscribe to my adversaries' email lists to see what they have to say.

They sent out an email just a few hours after Bill C-2 came out. However, I do not remember seeing anything on Bill C-12. Perhaps the Conservatives will correct me and say that they use these emails for political purposes to raise funds. I hope that they will confirm that later on. It appears as though they are using the bills before Parliament to raise funds.

Unfortunately, as I mentioned in another speech, the legislator should not act in such a politically motivated way. The legislator should act responsibly instead of just reacting by way of a bill to the news of the day published in the newspapers. The legislator should conduct comprehensive studies before tackling such complex problems.

As I already said, several provisions could have been included in the bill, but they were not. It is a window dressing bill. On the other hand, let us hope that the work done in committee will allow us to improve the bill by adding some beneficial measures to it. It will be up to the members of the committee to do that. I am not a member of the Standing Committee on Public Safety and National Security, but I am sure that the Conservatives will act in good faith in order to improve the bill and try to turn it into something that will really eradicate drugs in prisons. It is certainly not the case with the present version of the bill, and I am not just making that up tonight.

Various experts in the field have said so. They recognize that, in the end, the title is nice, but the practice was in fact already in place. The bill just confirms it by making it a little clearer and more precise than in the current law.

It will be a pleasure for me to debate the issue with my colleagues across the way.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I was interested in what the member opposite had to say because what I am hearing tonight over and over again from opposition is that there is no money behind the initiative to eradicate drugs from prisons. I was just wondering if the member realized that in actual fact the government has invested $122 million over five years to increase drug interdiction efforts. Those efforts include drug detector dogs, security intelligence, and perimeter security within the prisons.

As well, is the member opposite aware that the Safe Streets and Communities Act introduced two-year mandatory minimum penalties for trafficking drugs in the penitentiary or on penitentiary grounds? That is something that is definitely a deterrent to those in the prisons.

Also, I wonder if the member is aware that prevention and treatment initiatives within the prisons are provided under the government too. Generally CSC spends between 2% and 5% of its total operating budget on core correctional programs, including substance abuse programs. I am wondering if the member opposite is aware of this.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I would really like to thank my colleague for her excellent question.

I am indeed aware of the $122 million that the Conservatives have spent since 2008 to acquire tools and technologies to prevent drugs from entering prisons. Unfortunately, none of that has reduced drug use in prisons. Yes, the government has spent $122 million since 2008, but to no avail.

A 2012 study by the Department of Public Safety confirms that having drug-free prisons is not a realistic goal. Among the solutions it mentioned was the safer communities bill of two years ago. That is all well and good, but according to our numbers, there has been no reduction in drug use or trafficking in federal prisons. Unfortunately, these measures are not working.

I am looking forward to seeing numbers that might improve thanks to real measures that will help people struggling with drug addiction. I am eager to see other numbers, but it seems unlikely that this bill will change anything in prisons.