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

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I rise today to speak on Bill C-12, an act to amend the Corrections and Conditional Release Act, the drug-free prisons act.

If members heard me speaking yesterday on the private member's bill, Bill C-483, they might think I would be happier today than I was yesterday. I was criticizing the Conservatives' use of private members' bills to amend the Criminal Code and the Corrections and Conditional Release Act, because using private members' bills avoids the scrutiny of charter compliance, results in less debate in the House of Commons and results in a piecemeal approach, amending various pieces of legislation without actually seeing what has happened with the previous amendments. I guess I am happier today because it is a government bill, so we will have more time to debate the bill. It has been scrutinized for its adherence to the charter and it probably avoids a piecemeal approach in that it has been examined by the department before being presented.

Then why am I not really happy this morning in comparison? It is because the bill illustrates yet another unfortunate tendency of the Conservatives, and that is a fondness for propagandistic titles that obscure the real content of the bill. This is much like Bill C-2, which is called respect for communities act, when in fact it is the opposite. Communities that want to set up safe injection sites to try to reduce the harm caused by the injection of drugs will be prevented by the provisions of Bill C-2 from actually doing so. Therefore, how is that respect for communities? It is directly the opposite.

This bill has an even wilder title. I would say that if we are ever doing a documentary on the legislative process and we use this as an example, the documentary should be called, “A Title in Search of a Bill”. The Conservatives are wanting to send out to their members a piece of mail that would help them fundraise that says, “We passed a bill for drug-free prisons”, but when we look inside the bill, there is very little, if anything, that contributes to the goal of drug-free prisons. I really do suspect the title has more to do with Conservative Party fundraising than it does to getting good public policy for prisons.

The public safety committee, of which I am the vice-chair, did a study on drugs and alcohol in federal prisons and more than 20 witnesses appeared at the committee. I did not agree with the government's report, in which the government produced 14 recommendations on drug-free prisons. However, in its bill on drug-free prisons not one of those recommendations, their own recommendations, appears. Instead, it is something else that appears in the bill. It is passing strange to me why the House of Commons committee would spend weeks hearing from dozens of expert witnesses and then the government would ignore that and introduce something completely different from that.

Maybe I should be happy because what is proposed in the bill is, in fact, a very modest change in the Corrections and Conditional Release Act, which simply makes more clear in law what is already the existing practice of the Parole Board. It says that the Parole Board of Canada can make use of positive results from drug tests or refusals to take urine tests for drugs when it makes decisions on parole eligibility. It already does this. It is just not clear in law, so this has a positive impact.

Giving clear legal authority to an existing practice is something New Democrats can support, so we are placed in an odd spot in the House of Commons. If we were voting on the title, we would vote against it, but the content of the bill we will actually support. Therefore, we will support the bill going to second reading and will be proposing a more realistic title. I am having trouble thinking of anything that could compete with a slogan such as “drug-free prisons”, but I guess what we are going to look for is something that would actually tell the public what happens in the bill.

As I have said many times, drug-free prisons are, at best, a worthy aspiration, and at worst, simply a political slogan. It is not a policy. Saying we have a policy of drug-free prisons is like saying we have a policy against rainy days during our vacation. We cannot have a policy for drug-free prisons. We have to attack the addiction problem in prisons.

We are in an unfortunate situation in this country where 80% of those who end up in federal custody have drug or alcohol problems. What do we do about that? The Conservatives, instead of having a really meaningful debate with us in the opposition, try to set up straw men and propose and tell the public what our policy is. Part of that is, I think, because they know the public does not really accept their policy, so they want to create phantoms for us to debate in the House of Commons.

The Conservatives are very quick to say that we are somehow condoning drug use or are soft on drugs on this side of the House. In fact, what we are saying on this side of the House is that we have to do things that would actually be effective in combatting the drug problem in prison and that would actually have better outcomes for the prisoners. It is not because we love the prisoners but it is because on this side of the House we are interested in public safety.

If people leave our prison system still addicted to drugs or alcohol, they will fall right back into the patterns that got them into prison in the first place. They will create more victims in our communities, and they will become victimized by their addiction.

In fact, we on this side of the House are not soft on drugs. We want an effective policy on drugs. Being tough on drugs is really much like being for drug-free prisons. Being tough on drugs accomplishes nothing.

The Conservative approach to drugs, both in and out of prison, is very consistent. They start with moral condemnation and then they finish with interdiction. It is the same approach that has inspired Bill C-2. We talk about safe injection sites, and the Conservatives say injectable drugs are bad and therefore we are going to try to prevent people from having a place where they can safely inject those drugs. It is moral condemnation followed by interdiction. It ignores the reality in terms of harm reduction.

The Conservatives did a mailing on Bill C-2, saying “Let's prevent having needles in your backyard.” What do safe injection sites do? That is exactly what they do. They place people in safe injection sites so the needles do not end up in alleyways, school playgrounds or backyards. The Conservatives are actually doing quite the opposite of what they say they are doing.

When we look at the things that the Conservatives have tried to do on their goal of drug-free prisons since 2008, we see they have spent more than $122 million on interdiction tools. That includes technology, such as ion sniffers, and sniffer dogs to try to stop drugs from entering the prisons.

What did we find? The head of corrections came to the committee during our study on drugs and alcohol in prisons, and interestingly this part of the testimony does not appear in the government's report. He said that after spending $122 million and doing drug testing, the same percentage of prisoners tested positive as before the interdiction measures.

We wasted $122 million on technology and sniffer dogs, instead of spending $122 million on addiction treatment programs. If we want to get drugs out of prison, we have to reduce the demand for drugs in prison by offering people treatment programs.

I have to say there was a very unfortunate side effect of this emphasis on interdiction, and that was that it interfered with family visits. One of the things we know is very important, both to those who are going to reintegrate into the community and especially those with addictions, is family support.

At the time, the Conservatives criticized us for bringing this up, but what happened was that many family members felt the sniffer dogs facing them every time they tried to visit and bring their children was an intimidation factor that made it very difficult for them to visit. Even worse, the ion scanners produced an inordinate number of false positives. Many family members who would have nothing to do drugs at all were prevented from visiting their relatives in prison because of the false positives of this technology, which really does not work in terms of interdiction.

Therefore, spending the $122 million wasted money and interfered with family visits, and it interfered with rehabilitation programs. However, it is very consistent with the Conservative policy on drugs.

I guess we should have known this kind of thing was coming because in 2007 the Conservatives amended the national drug strategy. They took out one of the goals. The goal that they took out of the national drug strategy was harm reduction. It is very shocking. We actually removed harm reduction as one of the goals of our national drug strategy. Why? It is because the Conservative policy, again, is moral condemnation followed by interdiction, and it ignores the reality.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-12, the drug-free prisons act. I would like to thank the parliamentary secretary for her comments.

I have spoken with many of my constituents about this important bill. Their response is always the same. They believe that it is common sense that our prisons, the places where we send the worst elements of society to become rehabilitated, be free of drugs and contraband. However, that is unfortunately not true. Every year, 1,700 prisoners receive discipline for failing drug tests.

There is no doubt that drug and alcohol abuse in our federal prisons presents a serious barrier to correcting criminal behaviour and creates an unsafe environment for correctional staff. That is why our Conservative government is wholly committed to keeping illicit drugs out of our prisons.

We promised Canadians in the 2011 election that we would test every prisoner for drugs at least once a year, create tougher penalties for those who possess or sell drugs in prison, and deny parole to those prisoners who fail drug tests. I am proud to report that we are delivering on these commitments.

We have increased random drug testing for prisoners. Now, 10% of prisoners are tested each month, meaning that 120% of the prison population is tested every year. We have invested significantly in drug interdiction, including having effective and well-trained detector-dog teams. We have created tough mandatory sentences for those who sell drugs in prisons.

Now we are bringing forward the drug-free prisons act, which will give the Parole Board the authority to cancel parole after a positive drug test. It will emphasize the fact that the Parole Board can impose conditions against the consumption of illegal drugs while on parole. It will define what a positive drug test means in law so that bureaucrats cannot be confused and let out prisoners who have clearly not had their behaviour corrected.

That is our record. Now let us look at where the opposition has stood. Rather than cracking down on drugs in prisons, the NDP has suggested a needle exchange program behind bars. Members heard me correctly. Not only do the New Democrats want to give illegal drugs, such as heroin, to prisoners, they want to put more sharp metal objects in the hands of dangerous, convicted criminals. I wonder what front-line prison guards would have to say about the increased risks they would face should any misguided proposal like that occur.

Canada's largest medium-security institution is in my riding. I am very familiar with and speak on a frequent basis with the folks who work at one of Canada's largest prisons. I have been told time and time again that they would not be in favour of this.

The leader of the Liberal Party is focused solely on legalizing drugs, the kinds of drugs that change behaviour and send people to jail in the first place. The Liberals have never seen a common-sense measure to improve corrections that they did not oppose. Their leader even went so far, while he was out trolling for votes, as to go to a school in Brandon, Manitoba, to talk about how he wants to make it easier to get access to marijuana.

Our Conservative government will continue to take a comprehensive approach that includes interdiction, training for correctional officers, and treatment programs for prisoners.

I know that there is now a debate in some circles about whether we can successfully rid our prisons of drugs, alcohol, and other contraband. I also know that we cannot and will not back away from this challenge. Our government will remain focused on initiatives that will help us tackle drugs and alcohol in our prisons. We will not back down from prioritizing the safety of our correctional officers.

With the changes proposed in the drug-free prisons act, the Parole Board will have more specific authority to make decisions that have a significant impact on the safety of our communities. Thanks to the strong actions by our Conservative government, we can say that we are tackling this problem head on.

No longer would prison drug dealers be able to operate with impunity. No longer would the Parole Board be toothless in trying to revoke perks from drug-addicted prisoners, and no longer would prisoners be able to hide from drug tests by playing the numbers game.

I call on all members opposite to stop putting creature comforts, including illegal drugs, ahead of the rights of law-abiding Canadians. Join with the Conservative government and vote in favour of the bill.

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, the bill before us today gives new tools to the Parole Board of Canada to help ensure that prisoners remain drug-free, both inside the prison and while they are on parole.

I will speak to the details of this important common-sense bill in just a moment, but first allow me to give some background on what has brought us to this point.

The issue of drug use in our federal prisons is a serious concern to this government. Many Canadians may be surprised to learn that drug use is rampant in our prisons. Despite the best efforts of our front-line officers, the criminal element is still able to bring drugs into the penitentiaries.

The scope of the problem becomes clear when we look at the actual numbers. In the fiscal year 2010-11, close to 1,500 drug seizures took place in federal prisons. These are worrisome numbers. Our prisons are less safe and secure when there are drugs involved.

Our government has provided vital funding towards tackling drugs in prisons. In 2008, we committed $122 million over five years towards developing and implementing a more rigorous approach to drug interdiction in our federal prisons. This funding has gone towards an expanded detector dog program, increased security intelligence capacity in institutions and communities, and enhanced partnerships with law enforcement organizations.

However, we did not stop there. We knew that Canadians remained concerned about this issue and that we had to move ahead with further concrete actions. To this end, our government made three commitments to Canadians in our 2011 Conservative platform, with a goal of creating drug-free prisons. These commitments would subject all prisoners to random drug testing, give stricter penalties to those found with contraband in prison, and deny prisoners parole if they fail a drug test.

As I mentioned, our first commitment in our 2011 Conservative platform was to put in place measures that ensure all prisoners undergo drug testing. To reach that goal, Correctional Service of Canada has recently increased its monthly random urinalysis testing from 5% of the prison population to 10%. With this increase, we now have a system in place that helps ensure each inmate is tested at least once per year, thereby fulfilling our commitment to capture samples from 100% of the prison population.

We have also made changes related to our second commitment, that the Correctional Service of Canada would refer serious cases to law enforcement for appropriate action. The Safe Streets and Communities Act, which Canadians know members opposite voted against, put in place mandatory minimum penalties for trafficking or possession of drugs in a prison or on prison property.

These measures move us closer to fulfilling our Conservative platform commitment to creating drug-free prisons. That brings me back to the drug-free prisons act, which would help us meet the third commitment in our 2011 Conservative platform by giving the Parole Board additional legislative tools to act as the strong authority and decision-making body that it should be.

Bill C-12 is straightforward. It proposes two amendments to the Corrections and Conditional Release Act.

First of all, the drug-free prisons act would provide the Parole Board of Canada with the specific authority to cancel parole after it had been granted and before the prisoner leaves the penitentiary, if that prisoner fails or refuses to take a drug test. This is an important change. Under this legislation, the Correctional Service of Canada would be required to provide that information to the Parole Board.

The second proposed change under the drug-free prisons act also supports the work of the Parole Board, allowing it to require parolees to stay off drugs. If the prisoner violates that condition, the Parole Board of Canada can revoke parole.

These proposed changes would allow our government to continue our significant work toward ending this illicit activity.

While we are busy and focused on the safety of our communities and reducing drug crime, the NDP brings forward dangerous suggestions, like providing needles to inmates. Not only is this giving hard-core drugs like heroin to prisoners—a really bad idea—it is a significant risk to the safety of our hard-working front-line correctional officers, not to mention the prisoners themselves.

We also see shameful acts by the leader of the Liberal Party, who goes to speak at grade schools to promote the legalization of illegal substances like marijuana to our children. This is shameful. Canadian families deserve much better.

There is no doubt that drug and alcohol abuse in our federal prisons presents a serious barrier to correcting criminal behaviour, which is why our Conservative government is fully committed to keeping illicit drugs out of the hands of prisoners.

I know there is some debate in some circles over whether we can successfully rid our prisons of drugs, alcohol and other contraband. I also know that we cannot and will not back away from this challenge. We will not turn a blind eye to this problem.

Our government will remain focused on initiatives that will help us tackle drugs and alcohol in our prisons. We will not back down from prioritizing the safety of our correctional officers. With the changes proposed in the drug-fee prisons act, the parole board would have more specific authority to make decisions that have a significant impact on the safety of our communities.

I urge all members of the House, especially members opposite, who far too often are the champions of policies that are soft on crime, to support the rapid passage of this critical piece of legislation.

[Roxanne James, Conservative, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-12, the drug-free prisons act. I would like to seek unanimous consent to split my time with the member for Northumberland—Quinte West.

[Tim Uppal, Conservative, Edmonton—Sherwood Park, AB]

moved that Bill C-12, an act to amend the Corrections and Conditional Release Act, be read the second time and referred to a committee.

Business of the House

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, on behalf of the hon. Leader of the Government in the House of Commons, I can attest that I and our government find it regrettable, to say the very least, that we hear comments such as this from the House leader of the official opposition when, in fact, the opposition members themselves are delaying important pieces of legislation through the continuance of filibustering and delaying tactics here in the House and at committee.

Therefore, Mr. Speaker, I can tell you and the opposition House leader that we will continue debating the NDP's regrettable amendment to block second reading of Bill C-2, the respect for communities act. However, if the opposition members finally allow some progress on that critical file, we will turn to Bill C-3, the safeguarding Canada's seas and skies act, at second reading.

Tomorrow we will start the second reading debate on Bill C-12, the drug-free prisons act.

Monday, before question period, we will resume the second reading debate on Bill C-5, the offshore health and safety act. After question period, we will return to Bill C-12.

On Wednesday, we will start the second reading debate on Bill C-13, the protecting Canadians from online crime act.

That debate will continue on Thursday, but if we cannot finish Bill C-2 today, we will make time for that debate on Thursday morning.

Tuesday, November 26, as the government House leader announced earlier in the week, will be the fourth allotted day, which will see a Liberal motion debated.

During the constituency week, the member for Papineau certainly put forward a number of unusual ideas, some of which, or maybe one of which, may be put forward as a motion for the Liberals' allotted day. Some of those unusual ideas include the member for Papineau, the leader of the third party, saying that he admired the dictatorship in Communist China. He also advocated to minors the legalization of drugs. Finally, the leader seemed to suggest that he is putting the interests of criminals ahead of those of their victims by reducing sentences for serious crimes.

We find that reprehensible, but we have yet to see how the Liberals will approach those very important issues, in the eyes of the Liberals, come their allotted day next Tuesday.

Drug-Free Prisons Act

[Leona Aglukkaq, Conservative, Minister of the Environment]

moved for leave to introduce Bill C-12, An Act to amend the Corrections and Conditional Release Act.

(Motions deemed adopted, bill read the first time and printed)