Bill C-350 (Historical)

An Act to amend the Corrections and Conditional Release Act (accountability of offenders)

This enactment amends the Corrections and Conditional Release Act to provide that any monetary amount awarded to an offender pursuant to a legal action or proceeding against Her Majesty in right of Canada be paid to victims and other designated beneficiaries.

The House resumed from March 16 consideration of the motion that Bill C-350, An Act to amend the Corrections and Conditional Release Act (accountability of offenders), be read the second time and referred to a committee.

Corrections and Conditional Release Act

[Guy Lauzon, Conservative, Stormont—Dundas—South Glengarry, ON]

Mr. Speaker, I am sincerely honoured to rise today to respond to the debate on my private member's Bill C-350.

I would like to begin by extending my appreciation for my colleagues opposite who took the time to participate in this debate, and I listened to their comments with great interest.

It is heartening to see that this bill has received a good deal of support during these debates from hon. members across the way, from all parties. This speaks to the bill's clarity and to its necessity. During these debates, hon. members have recognized that this legislation contains important improvements from the previous version introduced last year.

I would like to take the opportunity to stress the importance of passing this legislation. The changes which I am proposing to the Corrections and Conditional Release Act are crucial to holding criminals accountable for their actions and to supporting victims of crime. Our government's commitment to increasing offender accountability in the criminal justice system is well documented. Just as well known is our commitment to supporting victims and rebalancing the justice system to bring their interests to the forefront. This is one area where most parliamentarians and law-abiding citizens agree.

This legislation would teach these offenders, some whom have never been responsible one day in their life, that in society we do have obligations and we do meet them. Putting an emphasis on offender accountability helps to correct negative offender behaviour and is a key aspect of our correctional system. Hopefully, this would ultimately help offenders take more responsibility for their actions in their rehabilitation by reforming them into responsible members of society.

I am proud to report that this bill supports victims of crime. If an offender is the breadwinner in the family and commits a crime that leads to jail time, the offender's family members is left struggling to fend for themselves. In many cases, the offender's family members are victims. Those families are left struggling, many times beyond belief, when the offenders go to jail. It is only right that any monetary award be directed to the offender's family before any goes to the offender.

Bill C-350 would ensure that offenders live up to their family support obligations and that is a critical part of this bill. When an offender breaks into a residence, doing harm to an innocent family and the family's property, it is only right that any monetary award paid to the offender be paid first as restitution to the victim. That is just common sense. It is only fair when an offender files a spurious lawsuit or court action and receives a monetary reward, the offender's debts be paid prior to being able to benefit from that reward.

For Canadians whose lives have never been touched by crime, it might seem that once an offender has been tried, convicted and incarcerated in federal prison the story is over. It is far from over for the victims of these crimes. For some victims, it may take months, years or even a lifetime of rebuilding their lives following physical injury and emotional distress. Some may never get to the point of closure, particularly those who have lost a loved one due to an act of violence. We have seen too much of that in the press recently.

In the 2011 Speech from the Throne, our Conservative government committed once again to providing support for victims. We have listened to victims of crime and as a result have introduced many measures that support the rights of victims as opposed to the rights of criminals. The passage of this legislation would be another step in supporting the victims of crime. That is why I urge all hon. members to stand up for the victims of crime and support this legislation.

I also wish all my colleagues a very happy St. Patrick's Day. I hope they enjoy their week in their ridings.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I am very proud to speak in the House. My hon. colleague from Hamilton Mountain gave a great and eloquent speech on the subject.

I, too, am very happy to rise today to give my thoughts on this private member's bill, Bill C-350, an act to amend the Corrections and Conditional Release Act (accountability of offenders). Having given much consideration to it, I believe the legislation warrants enough consideration to be sent to committee for further study.

Using recent statistics, the cost of crime in 2003 was about $70 billion. What is even more shocking is that $47 billion of the costs were borne by the victims of crime. That statistic means that fully two-thirds of all costs of crime are paid by the victims. It is clear that we need to reduce these costs. The most obvious way for us to reduce them is to reduce the number and severity of crimes taking place in Canada. The problem is that the government's approach to reducing crime, in my opinion, is inherently flawed. If increased prison populations lead to decreased crime rates, then the U.S. would have a far lower crime rate than Canada, which is clearly not the case.

The government's omnibus crime bill contained a number of measures that New Democrats supported and were willing to fast track if they were separated from the more odious aspects of that bill. However, as is so often the case, the government was more interested in playing politics than in passing good public policy. The government rammed through the entire bill, which will massively increase the Canadian prison population without having any effect on crime rates, with limited debate and scrutiny.

While the government likes to talk about protecting victims, the bill did nothing in regard to the most important aspect of victim support, and that was ensuring that there were less victims of crime in Canada. It is good, however, to see that some members on the government benches are willing to take a more nuanced approach to dealing with crime and, more specific, with looking to help the victims of crime.

This bill would mandate that any compensation that would be awarded to an individual who committed a crime through a court settlement would not be immediately paid to the offender. Instead, any money owing in terms of child support, restitution to the victim of the crime, civil judgments or fines would be paid out of this award. Only once these outstanding debts had been paid would the court release the remaining funds to the offender.

New Democrats are committed to ensuring that the rights of victims are properly considered in all aspects of the criminal justice system. The victims ombudsman, which is supported on this side of the House, has had a lot to say on these aspects of the justice system. In a recent report, the ombudsman called on the government to amend the Corrections and Conditional Release Act to include conditions ensuring that offenders complied with sentences imposed by the court, including restitution and compensatory payment of increased fines, and to authorize the Correctional Service of Canada to deduct reasonable amounts of income held to cover outstanding amounts corresponding to the specified compensation or increased fines.

In that sense, the bill seems to attempt to address those concerns. It is important to realize that the primary purpose of this compensation is to not punish them by taking away their money, but, instead, it seeks to acknowledge that crimes have an effect both on the victims of crime and on the offender's family and that, as such, offenders should be accountable to those groups. It is a shame, however, that the government did not include any of these provisions in its crime bill. It is very telling that it was excluded.

This bill, with its focus on victims and the families of offenders, is a step in the right direction from the party opposite. It is just a shame that it has to be pushed by a private member's bill and not by the government. Additionally, I believe we should ensure that the criminal justice system continues to focus on rehabilitating people who have committed criminal acts to ensure they are not trapped in the cycle of criminality.

By ensuring that offenders are required to honour these types of debts, the criminal justice system could go some way in fostering a sense of responsibility in offenders to meet their obligations toward the families, victims and the communities. Combined with adequate retraining and education programs, that could be a good way to ensure that rehabilitation would be given a central place in the criminal justice system.

However, some critics of the bill have argued that by forcing offenders to honour their debts before being paid compensation, we are treating offenders differently than we treat average Canadians. However, there is some precedence for forcing people to honour their debts to civil society. For example, courts can garnish the paycheques of individuals in order to ensure they make their child support payments. As a result of this, I do not think that it is unreasonable for parliamentarians to further study the possibility of the bill.

Critics have also argued that the bill may infringe on provincial jurisdiction. However, as I understand it, the bill would replace the previous private member's bill introduced by the same member on the same topic and then he changed some of the provisions in the bill to recognize the right of provinces to set priority of claims regardless of settlement. I look forward to hearing testimony at committee stage from legal experts to ensure that the changes made by the member are sufficient to overcome any worries regarding provincial jurisdiction.

Bills like these, which seek to ensure that offenders are accountable for their actions and that go some way to ensure the rehabilitation of offenders, are definitely a step in the right direction.

I truly look forward to further study of the bill at committee to ensure its viability and to further analyze its consequences.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I rise in the House today to speak to the same private member's bill, Bill C-350, an act to amend the Corrections and Conditional Release Act (accountability of offenders). The bill would require that any monetary amount awarded to an offender pursuant to a legal action or proceeding be paid to victims and other designated beneficiaries.

I believe my colleague, the member for Stormont—Dundas—South Glengarry, proposes this measure in good faith and attempts to tackle—

The House resumed from February 16 consideration of the motion that Bill C-350, An Act to amend the Corrections and Conditional Release Act (accountability of offenders), be read the second time and referred to a committee.

[Bruce Hyer, NDP, Thunder Bay—Superior North, ON]

Madam Speaker, I am pleased to speak today to Bill C-350, a private member's bill introduced by the member for Stormont—Dundas—South Glengarry regarding the accountability of offenders.

This is an important topic. Canada has in the order of about 40,000 prisoners presently, which represents a very small share of our population. Although it sounds like a large number, it is less than 1% of our population. About 15,000 of these prisoners are in federal custody while the remainder are in provincial penal systems. Our incarceration rate is in line with, or slightly lower than actually, incarceration rates from many of Canada's peer countries, with an exception. It is far less than a third of the rate of incarceration in the United States.

In addition, the crime rate in Canada is actually decreasing, including the severity index for violent crimes. Even so, it seems that the government intends to greatly expand our prison system. Under the government's planned changes, the Parliamentary Budget Officer, last year, estimated that the cost of running of our prisons could grow to $9.5 billion annually in 2015-16. That is up from $4.4 billion in 2010, which is more than double. That could require the construction of up to a dozen new prisons. Mr. Page found that the numbers could be twice as high in the provincial system as well.

I can only see our prison population ballooning even higher than the Parliamentary Budget Officer's estimates with the legislation introduced recently by the government, such as Bill C-10. We could see any number of people convicted and sent to jail for five years for just circumventing digital locks to listen to their purchased CDs on their iPods or copying their DVDs onto their laptops, for example. Who knows how many people might be sent to jail when their cell phone locations are scanned by the authorities and they happen to be at the wrong place at the wrong time, going home from work through an area where a protest breaks out.

With these and other changes from the Conservative government, including mandatory minimum sentences, I expect to see our prison population in this country growing and growing under the government.

This raises questions. How are taxpayers expected to pay for so many Canadians in jail when the federal government is running a steep and rapidly growing deficit and our provinces are struggling financially as well? Surely the government is aware that we would have a hard time paying for megaprisons and megaprison populations while trying to balance the books.

Does the Prime Minister intend to burden we taxpayers, our taxpayers, our constituents and the provinces with so many prison costs that he will just throw up his hands in a few years and say that we cannot possibly afford it anymore and that the prison system needs to be privatized.

This would fit in lockstep with his overall philosophy of allegedly creating smaller governments and privatization. However, it could have catastrophic consequences for Canadian society. If incarceration itself becomes a profit centre when the Conservatives privatize the jails, it will be in many corporations' best interests to send more people to jail for longer and keep them there.

That means that our goals as a society will have changed from rehabilitation and good outcomes for citizens to one of maximizing the incarceration rate, a growth industry. A well-funded private prisons lobby could emerge to keep pressure up for ever-harsher laws. They could lobby to ensure that many more people cease to be productive members of society, no longer paying taxes but instead left rotting in prisons or being criminalized even further there.

To me, this is a disturbing picture of Canada's future if we continue down the government's path. We can see how badly that road has worked out for the United States of America. In the early 1980s, privatization of prisons took off in the U.S. with the war on drugs and harsher sentencing. States could no longer afford to run their prison systems and so companies starting taking over more and more prison services and eventually entire prisons. Incarceration skyrocketed, doubling every decade from less than half a million in 1980 to over two million by the year 2000.

Our neighbours to the south now have by far the highest incarceration rate in the entire world. They have the largest prison population on earth. With less than 5% of the world's overall population they have almost a quarter of the world's adult prison population. We have all heard about the extraordinary incarceration rates of African Americans and other visible minorities in the U.S.; entire generations thrown in jail. Are we going to replicate that failed system here in Canada?

I cannot begin to detail the tragic social costs that come when incarceration becomes a profit-making enterprise. Sadly, this was all for nothing. U.S. statistics show that cost savings promised to the taxpayers by privatized prisons simply have not materialized. It is no wonder that states such as California and Texas are now backpedaling on privatized prisons.

For Canada, this is a very real possibility given the crime agenda advanced by members on the other side of the House. Statistics Canada found that 93% of Canadians are satisfied with their personal safety, so most do not live in fear of crime or criminals. Perhaps they should start worrying about some politicians as being costly to their welfare.

This private member's bill takes on a new importance in light of all of this. If we are to have so many more people in prison, then we need to make sure that families and others surrounding them do not pay more of a price than they need to. The aim of this bill is to make sure incarcerated people are held to account for their actions financially with respect to victims and families. That is a laudable goal.

As my colleagues have discussed, it mandates that family members and victims to whom the offender owes money would be compensated first from any financial gains awarded to that offender by a court settlement. I support an underlying presumption in the bill that the principle of accountability and learning accountability is important in the rehabilitation process of all inmates.

My colleagues on this side of the House and I believe it is important to rehabilitate offenders, not harden them and offer criminal graduate degrees. Part of that rehabilitation involves meeting obligations to others. It is taking responsibility for debts owed.

I also see a welcomed item in this legislation, and that is child support. Children of offenders should not be punished for their parents' crimes. All too often they are. They often fall through the cracks. Children whose parents have been incarcerated face unique difficulties. Aside from the sudden separation from their caregiver, sometimes their only caregiver, these children have to deal with fear, depression, anger and guilt. They are often moved around from caregiver to caregiver. They are at higher risk of failure in school and delinquency. They are often left in poor circumstances financially as well. I am glad to see that Bill C-350 counts child support as a priority for repayment of debts.

I know that this version of the legislation has been tweaked from a previous iteration to take into account not just child support but also respect for the jurisdiction of the provinces as well. I am very happy this seems to signal an openness to improvements so that the bill may pass with broad support from all parties. It gives me hope that we can improve things for Canadians if and when the bill passes in the other place. I know from personal experience that all too few private members' bills actually end up becoming law. I wish the member luck with his legislation.

To sum up, the bill has merit in that it seeks to help victims and families. I support this private member's bill going to committee for further consideration.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Madam Speaker, I am pleased to speak today in support of Bill C-350, which addresses crucial changes to the Corrections and Conditional Release Act as it relates to the accountability of offenders.

I would like to thank the member for Stormont—Dundas—South Glengarry for his hard work on behalf of victims of crime.

Before I begin, I would like to take a moment to briefly review what the bill is all about. Bill C-350 is about putting more focus on offender accountability and restitution. It will do this through two key changes.

First, the bill would amend the wording in the purpose section of the Corrections and Conditional Release Act, which currently refers only to custody and supervision, and rehabilitation and reintegration. The new wording will clarify that one of the purposes of the federal corrections system is the following:

encouraging the accountability and responsibility of offenders, with a view to ensuring that their obligations to society are addressed.

Second, the bill sets out the priorities for debt repayment in cases when an offender is owed a monetary award as a result of a legal action against the crown. What this means in essence is that an offender will first have to satisfy outstanding debts before collecting any award. The debt owed to the offender would be paid on a pro rata basis and in the following order of priority, to amounts owing, pursuant to the following: a spousal or child support order; a legal restitution order; any victim surcharge order; and any person with a civil judgment against the offender. It is only after all of these priorities have been addressed that any outstanding amount from the monetary award would be paid to the offender.

While our government supports the rights of offenders to be treated humanely, we also believe that offenders must be held accountable for the debts they owe. Learning how to do this is an important part of their rehabilitation.

This legislation would ensure that crown debts are distributed with these obligations in mind and ensure that priority is given to victims and the spouses and children of these offenders.

At its core, the bill is really about supporting victims and holding offenders accountable for their legal obligations. That is why our government is pleased to support this legislation, with some minor amendments. When the bill reaches committee stage, we recommend amending it to add clarity regarding the role of the Correctional Service of Canada in the administration and operation of these provisions.

Our government is wholly committed to supporting victims and ensuring that the justice system takes the consideration of victims to heart, and I am proud of our impressive track record. For example, we have committed $52 million to enhance the federal victims strategy to better meet the needs of victims. We have created and provided ongoing support to the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims. We have provided support to the National Office for Victims at Public Safety Canada to give victims a greater voice in the corrections and conditional release process, and to help them access the services that they need.

These are only a few examples of how our government has dedicated itself to supporting victims of crime.

Just as important, we remain committed to making sure that offenders are held accountable. Because more needs to be done, our government included offender accountability measures as part of our safe streets and communities act that we introduced in September 2011. Bill C-10 contains measures that will help to enhance offender responsibility and accountability while strengthening the management of offenders during their incarceration and parole. It would also give victims access to more information about the offender who has harmed them and modernize disciplinary sanctions for offenders. Under that proposed legislation we would amend the Corrections and Conditional Release Act to emphasize the need for offenders to conduct themselves in a way that demonstrates respect for other people and property.

As well, the proposed changes would require all offenders to obey all penitentiary rules and conditions governing their release, while also actively participating in the setting and achieving of objectives in their correctional plan, including their behaviour, program participation and meeting their court-ordered obligations such as restitution to victims. This ties directly to the legislation that we are discussing today.

Another element of offender accountability found in our safe streets and communities act is amendments to modernize the system of discipline in federal penitentiaries by addressing disrespectful, intimidating and assaultive behaviour by inmates, including the throwing of bodily substances.

The safe streets and communities act also delivers on the issue of victim support. Victims have limited information about an offender's life in prison. They do not know whether offenders are taking part in rehabilitation programs, if they are absent from the institution temporarily or are being transferred to a minimum security facility. Yet victims deserve to have access to as much information as they reasonably can about the offender, and Bill C-10 would enshrine in law their ability to take part in parole hearings and to be kept better informed about the behaviour and management of offenders.

Clearly, the measures proposed in the safe streets and communities act will work in tandem with Bill C-350, the legislation we are discussing today.

Just as clear is the message we are hearing from victims and advocacy groups across this country. They are asking us to move swiftly to strengthen the rights of victims. They are asking us to make changes to our laws to improve the accountability of offenders, and they are asking us to create mechanisms that support victims of crime.

I spoke earlier of our ongoing financial support programs, like the National Office for Victims and the federal victims strategy. While we have made progress, much work still remains to be done.

In the 2011 Speech from the Throne, we reiterated our intention to move swiftly ahead with efforts that support victims, that give our law officers better tools and that support crime prevention programs. That is what we told Canadians we would do, and that is exactly what we intend to do.

Today I am very pleased to support the bill with our proposed amendments, and I call on all hon. members to ensure its speedy passage.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, the Liberal Party will be supporting the bill going to committee to study various aspects that have raised questions such those my colleague has just touched on.

As the member who is sponsoring the bill mentioned, it is very important that offenders be accountable. Therefore, the principle that underlies the bill is a good one. Liberals have always believed in personal accountability. It is a tenet of liberalism and, of course, that extends to offenders who are serving time for the crimes they have committed.

It would have been interesting if the sponsor of the bill had provided some concrete examples of situations where victims have suffered because of the absence of such legislation. It leaves us wondering whether the bill is responding to a real problem, or whether it is more of a theoretical exercise.

It is important for anyone watching at home to understand that this is not what has been referred to in the past as profits from crime legislation, introduced under a previous Liberal administration. The purpose of that legislation was to confiscate the proceeds earned by a criminal who, for example, wrote a book about his or her crime. That legislation, Bill C-205, an act to amend the Criminal Code and the Copyright Act, was introduced in 1996 by the Liberal member from Scarborough. That bill would have prohibited a criminal from profiting by selling or authoring a story of their crime. However, this is not what we are dealing with here. It is important that the two ideas not be confused.

The reason I bring up Bill C-205 is that, despite its good intention and good principle upon which it was based, it did not complete the legislative process because of the election. However, even a similar bill did not complete the legislative process. It was deemed unconstitutional when it was debated in the House because it violated the Charter of Rights and Freedoms. More than that, the issue fell under provincial jurisdiction because it is a matter of property, which is generally dealt with under civil actions within provincial jurisdiction.

Bill C-350 does raise some comparable issues about jurisdiction. In fact, as my hon. colleague from the NDP mentioned in his speech, Bill C-350 had a predecessor, Bill C-292. Unfortunately, that bill did not make it to the stage of adoption precisely because of jurisdictional problems.

I will read a quote from the researcher of the committee, Michel Bédard, who presumably was looking at the bill, but this was before I was appointed to that portfolio. He said:

I have doubts as to the federal government's power to pass provisions of this kind. It's important to understand that, according to the division of powers in Canada, property and civil rights fall within provincial jurisdiction. Under that head of power, the provinces have jurisdiction over contracts and all private law, including debt priority ranking. That includes debts owed to creditors, in particular.... It's important to realize that federal jurisdiction regarding debt priority ranking is limited to certain well-defined areas, such as bankruptcy, tax collection and banks.

In other words, this new debt priority ranking cannot be connected back to bankruptcy law, to banks, to tax collection or other areas of federal jurisdiction. What he is saying is that Bill C-292 had nothing to do with these areas where there would be a federal role. That is something we are going to have to discuss at committee when the bill gets there.

I believe that the committee researcher expressed the same reservations about Bill C-350. Again, this is going to have to be discussed at committee, which does not take away from the hon. member's noble motives in wanting to protect victims and underscore the need for offender accountability.

There may be a way in which the bill is constitutional, but there are some doubts. Establishing a debt priority ranking is a power, as I said, usually given to the provincial government. Bill C-350 uses this concept and applies it to a criminal matter where the federal government does have jurisdiction under subsection 91(27) of the Constitution Act of 1867. However, the constitutionality of this manoeuvre is open to debate.

Section 2(a), on using crown funds to repay spousal and child support debt, deals with a tricky issue. While it is true that the government does have jurisdiction over marriage, it may depend on how a judge interprets this provision. For example, a court could interpret the provision to apply only to all legally married couples. Furthermore, as stated above, the federal government can legislate in the area of marriage and divorce. However, there are certain parts of marriage and divorce law that have been delegated to the provincial courts. The nuances of such a relationship require further study.

Sections 2(b) and 2(c) of Bill C-350 use the Criminal Code provisions of restitution orders to establish a debt priority for victims and third parties, as well as victims' surcharges. Restitution is defined as equity aimed at restoring a person to whom a duty was owed to the position in which he or she would have been had the duty not been breached. It does this through a variety of remedies, including compensation. It could be argued in regard to restitution orders requiring an offender to pay financial compensation to a victim or third party that the federal government is legislating in a provincial area.

The constitutionality of restitution orders, as a federal power, was upheld most recently in R v Zelensky in 1978. However, Bill C-350 goes much further than the Zelensky decision in that it elevates restitution orders in the debt priority ranking. Bill C-350 establishes that payment to parties outlined in the bill receive priority over any other debts or fees incurred as a result of the offence. Currently, restitution orders are placed on the same level of priority as other provincial fees levied during the criminal court process, like administrative fees and fines.

There is another interesting aspect. What happens if the offender is innocent and after doing his or her time in prison wins a court case whereby their innocence is proved? Are there measures to reverse the situation to take care of that eventuality?

This will all be studied at committee and I look forward to doing that.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, the hon. member for Stormont—Dundas—South Glengarry introduced Bill C-350, which makes offenders accountable for their obligations to society, to their family and to victims.

This legislation was originally introduced on September 28, 2010, as Bill C-292. That bill also sought to make offenders accountable, so that they would fulfill their obligations to society. Therefore, that objective was added to section 3 of Corrections and Conditional Release Act . Under Bill C-292, if an inmate was awarded money following a legal action or proceeding, the government would seize that money and split it equally between the beneficiaries of a restitution order, a child or spousal support order, and a civil judgment against the offender.

If the offender had no obligation or debt to these people, he still could not get the monetary award, which was distributed to organizations that help victims or to other similar entities. This bill did not make any sense then, because if, for example, an inmate was abused in jail and then compensated following a civil proceeding, he still could not get the money, even though he had no obligation to his family or to the persons I mentioned.

Consequently, the bill was significantly improved. In the case of Bill C-350, the obligation to distribute the money that the inmate would receive has been removed and that money is now given to him. So in this sense it is an improvement.

We can think of other examples. This is not just about people who suffer abuse in jail. It could be a reckless driver who was responsible for an accident causing death and who received compensation through the Société de l'assurance automobile du Québec. This bill would also have allowed the government to seize this compensation and redistribute in accordance with the priority list in Bill C-350.

The previous version of Bill C-350 was amended. The responsibility of offenders regarding their obligations remains the bill's primary objective. However, Bill C-350 seems more specific in certain respects than Bill C-292 was. First, it indicates in a more concise fashion who would get part of the compensation received by an inmate. An order of priorities is set: first, the money owed by the offender pursuant to a spousal or child support order will be given to his family, then the money owed by him pursuant to a restitution order, followed by civil judgments and fines.

The compensation will no longer be paid in equal parts, as stipulated in Bill C-292. It will instead be pro-rated in the manner described in Bill C-350. If there are any remaining funds, they will be paid to the inmate. I should think that the inmate would be entitled to the money. This provision is different from the one in Bill C-292 because of concerns about areas of jurisdiction. The remainder of the obligations set out in Bill C-350 are pre-existing legal obligations. By listing these rights, the bill seems to do a better job of addressing the priority of claims. However, the priority of claims also falls under provincial jurisdiction.

It is our belief, therefore, that this bill contains relevant provisions such as the protection of families and victims. All members of society must be held accountable for their obligations, and that obviously includes prisoners. Being incarcerated in no way removes the inmate's obligations and responsibilities. An inmate must still meet the needs of his family and, obviously, comply with child and spousal support orders.

Compensation is of equal importance for victims. According to the Federal Ombudsman for Victims of Crime, in the eyes of the law, a victim is a person who has suffered physical or psychological harm as a result of a crime. Family members, legal guardians and dependents are considered victims when the victim is deceased or when the victim is a child or a person who is unable to act on his own behalf by reason of an illness or disability.

The victims’ compensation scheme was established not only to make restitution to victims, but also to compensate for any financial losses resulting from the crime. Victims may require all manner of care in order to recover. For example, we can think of medical expenses and psychological support.

The purpose of the principle of restorative justice is also to ensure that the victim is not victimized a second time. Consequently, making restitution means that the victim will have no need to navigate the judicial process a second time in order to receive restitution. This process, therefore, forces the victim to demonstrate that the harm suffered by him resulted from the crime.

Victims and victims groups have been calling for some time for legislative provisions of this nature that would force inmates to comply with family support and restitution orders. This was referred to in a document written by the solicitor general dated 1987.

We are also pleased to see that the bill identifies priorities and that support payments will be at the top of the list. The Federal Ombudsman for Victims of Crime made the following recommendations in the report entitled “Toward a Greater Respect for Victims in the Corrections and Conditional Release Act”:

That the Government of Canada amend paragraph 133(3) of the CCRA to include a necessity for conditions to ensure offenders fulfill their court ordered sentences, including restitution and victim fine surcharges.

That the Government of Canada amend subsection 78(2) of the CCRA to authorize the CSC to deduct reasonable amounts from an offender's earnings to satisfy any outstanding restitution or victim fine surcharge orders.

Still, this legislation is not perfect. In my opinion, the problem with this bill is that it creates two civil law systems: one for prisoners and the other for the rest of society. The protection of the law applies to all citizens, including prisoners. In civil law, there are provisions that force individuals to repay their debts. For example, salaries may be garnished to force an individual to pay child support. However, there is a big difference between existing provisions and this bill.

Unfortunately, the government cannot intervene to enforce court orders, thereby circumventing the courts. The government cannot take over the courts' role in the justice system. For example, in the case of support payments, the family must take the case to a civil court and go through the normal justice process. Any loss of basic civil rights cannot be taken lightly lest the justice system revert to principles of punitive justice.

In my opinion, we cannot deny some individuals their rights in order to help others. We cannot rob Peter to pay Paul. That is why we must strike a balance between victims' rights and prisoners' rights.

This bill includes another important measure aimed at better integrating prisoners into rehabilitation programs. Such programs have been very successful. It is not enough to hold prisoners financially accountable. They also need to understand the reason for their actions and the consequences of their actions. Rehabilitation is an integral part of the rehabilitation process for prisoners. This kind of program should also be offered during the inmate's parole period.

To sum up, the spirit of Bill C-350 is entirely relevant. Offenders must be held accountable for the financial obligations issued in lawful orders.

Let us all support this bill and hear from experts regarding the bill's validity.

[Guy Lauzon, Conservative, Stormont—Dundas—South Glengarry, ON]

moved that Bill C-350, An Act to amend the Corrections and Conditional Release Act (accountability of offenders), be read the second time and referred to a committee.

Madam Speaker, I am proud to rise today to speak on behalf of my private member's Bill C-350, which brings forward important offender accountability measures. This important legislation will encourage the accountability and responsibility of offenders with a goal of ensuring that their obligations to society are addressed.

It should come as no surprise to any hon. member of the House that our Conservative government firmly believes in holding offenders to account and providing victims of crime with better support.

We have said from day one that we are committed to supporting victims and to taking their concerns seriously. That is one of our highest priorities and we have delivered on that commitment in a number of ways, particularly through legislative changes relating to pardons and parole. We have passed legislation that repeals the faint hope clause, meaning that offenders who commit murder are no longer eligible to apply for full parole prior to the parole eligibility date fixed by law. We have passed legislation that allows judges to impose consecutive parole ineligibility periods for individuals convicted of more than one first or second degree murder.

We have taken the concerns of victims of white collar crime into account by passing legislation that imposes tougher sentences for fraud, and we have passed legislation to end accelerated parole review that applies to those who commit white collar crimes.

This past September, we were proud to introduce the safe streets and communities act, which includes measures that hold offenders accountable and supports victims. Of note, we have proposed that offenders must play a larger role in their own rehabilitation and reintegration programs, that pardons be renamed by the more appropriate term “record suspensions” and that the right of victims to attend and make statements at parole hearings are enshrined in law.

We have made great progress over the past six years. We have listened to the concerns of victims and we have acted on them, but we are not done yet.

That is why I am proud to speak to Bill C-350, which would take another step in the right direction toward increasing offender accountability and improving restitution measures.

My goal is straightforward. In simple terms the bill would ensure that any monetary award owed to an offender as a result of a legal action or proceeding against Her Majesty in Right of Canada would first be put toward financial obligations, including child support and restitution orders. The reason for this is to teach these individuals, some of whom have never had a responsible day in their whole lives, that in society we have obligations, and we are meant to meet them.

Let me tell hon. members what that means in real terms.

First and foremost, the bill would add wording to the purpose section of the Corrections and Conditional Release Act that refers to encouraging the accountability and responsibility of offenders and ensuring that their obligations to their fellow Canadians are addressed. The addition of these words will put an increased focus on offender accountability as a key purpose of a correctional system that actually corrects criminal behaviour. It will drive our correctional system to reform these criminals into responsible and accountable citizens.

Second, Bill C-350 proposes important changes to how debts owed to offenders are distributed. It is extremely difficult for victims and their families to understand why we would allow an offender to receive a monetary award when they themselves are struggling or are waiting for financial restitution from the offender as a result of a civil law suit. The proposed amendments will help rectify this issue when it involves a payment by the Crown. This is another measure to ensure that offenders will be held accountable for fulfilling legally owed debts.

The bill states that any award owed from a legal judgment against the Crown will be paid on a pro rata basis in the following order of priority: the first priority is that the debt must be put toward spousal or child support orders.

When we think of victims, we often think only of the individuals or families directly harmed by the offender's actions. The bill before us addresses the needs of an often overlooked group of people, those innocent individuals who are indirectly impacted by the offender's actions, such as the offender's spouse and children, the families of the offenders.

If an offender is a bread winner in the family, the line of income and financial stability is suddenly gone when the offender is sent to prison. The resulting financial hardship and instability can have immediate and detrimental effects, particularly on children. An unemployed mother whose spouse is convicted and incarcerated for a crime could suddenly struggle to provide the basic necessities for her children: a warm home, food, clothing and other essentials. It is only reasonable that debt owed to the offender by the Crown should first provide for these vulnerable individuals.

The next priority is to pay any restitution for damages or injuries caused by the offenders as a result of their offence. Just as importantly, and falling in line with our focus on supporting victims, the next two priorities include payment of any victim surcharge orders and any outstanding civil judgments against the offender.

Victims can face years of recovery as a result of physical injury or emotional distress. The bill would ensure that the recovery and financial stability of the victims of crime would be taken into account before issuing the balance of a financial award to an offender. It is only after these priorities are addressed that an outstanding amount would be paid to the offender.

This is a fair process. We have heard from victims of crime advocates who tells us that any step toward improving offender accountability and victim restitution is a step in the right direction.

Bill C-350 would go a long way toward increasing the accountability of offenders and ensuring that better restitution measures are in place for not only the victims but the spouses and children of those offenders.

I believe the bill is good legislation. Canadians want and deserve to feel safe in their homes and communities. That means offenders need to be off our streets. It also means that offenders must be held accountable for their actions. Canadians will not stand for a system that allows an offender to file spurious lawsuits or court actions and then be rewarded for this prior to them making their debts whole.

With this bill, our government continues to create a system of justice and public safety that meets the high expectations of Canadians, and that takes into consideration the concerns of victims of crime.

This legislation is simply common sense. What it says is that when an offender is incarcerated, there is a reason the person is incarcerated. Why should the offenders family suffer, why should the victims suffer and why should the offender, who is incarcerated, reap financial rewards when the victims, both spousal or children, or a direct victim of the offence are hurting? This tries to right that wrong.

I urge all hon. members to support this important legislation, with amendments. We will welcome amendments on this legislation.

Multiple Sclerosis

[The Deputy Speaker, NDP, Denise Savoie]

Pursuant to Standing Order 93 a recorded division on the motion stands deferred until Wednesday, February 29, immediately before the time provided for private members' business.

Pursuant to Standing Order 37 the House will now proceed to consideration of Bill C-350 under private members' business.

[The Chair, Conservative, Harold Albrecht]

Okay, I think we're coming to a consensus. All those in favour of allowing Bill C-350 to be considered votable?

Okay. Bill C-350 is deemed votable.

On Bill S-206, we'll ask our analyst to comment.

[Michel Bédard]

That wasn't the reason. When we studied Bill C-292, I said that it encroached on the provinces' authority on property and civil rights. We changed the restitution order. It's often under provincial authority, unless the federal government has jurisdiction.

Furthermore, we were "expropriating" from offenders money that belonged to them. It's as if we said that everything that remained of an order no longer belonged to the offender, but would now belong to a victims' group, whether the victims' group, or a victim advocacy group, had a claim of some kind against the offender. It was practically expropriation.

This problematic provision no longer appears in Bill C-350. In the preliminary remarks when we did the study, I said that some questions could still be raised, constitutionally speaking. But we are at the start of the legislative process. As you know, when the courts are required to look into whether a bill is constitutional or not, they are going to study the intrinsic proof, meaning what is said in the House. They will try to determine the pith and substance, justly, through debate and study in committee. Right now, this proof doesn't exist because the debate hasn't happened, and it seems that the bill could still certainly benefit from amendments at the committee stage.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments on Bill C-350?

Mr. Toone.

[Michel Bédard, Committee Researcher]

Bill C-350 provides “that any monetary amount awarded to an offender pursuant to a legal action or proceeding against Her Majesty in right of Canada be paid to victims and other designated beneficiaries”.

Members of this subcommittee will recall that we looked at a similar bill earlier in this current session, a bill that had been designated as non-votable. Bill C-350 is similar to its predecessor; nonetheless, it is an improvement as regards its constitutionality.

I note in particular that the provision distributing the money awarded to an offender to victims groups instead, when there are no other claims against an offender, has been removed from the new version. I still have reservations about the constitutionality of this proposal.

I must note, however, that a case could be made for the constitutionality of Bill C-350. Proposed paragraph 78.1(1)(a), it could be argued, could be linked to the power of Parliament over marriage and divorce. Proposed paragraphs 78.1(1)(b) and (c), it could be argued, could be linked to the power of Parliament over criminal law.

I am still not totally convinced that this bill is within federal jurisdiction. However, at this stage of the legislative process, when no debates on the bill have taken place yet, debates may then cast some light on the intent and effect of the bill and where the bill could still benefit from amendments. It may be that some restraint may be appropriate before designating the bill as non-votable.