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An Act to amend the Criminal Code (fetal alcohol spectrum disorder)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Ryan Leef  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Nov. 26, 2014
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to add a definition of “fetal alcohol spectrum disorder” (FASD) and to establish a procedure for assessing individuals who are involved in the criminal justice system and who it is suspected suffer from FASD. It requires the court to consider, as a mitigating factor in sentencing, a determination that the accused suffers from FASD and manifests certain symptoms.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-583s:

C-583 (2010) An Act to amend the Statistics Act (Chief Statistician)

Votes

Nov. 26, 2014 Passed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-583, An Act to amend the Criminal Code (fetal alcohol spectrum disorder), be not now read a second time but that the Order be discharged, the Bill be withdrawn from the Order Paper, and the subject matter thereof be referred to the Standing Committee on Justice and Human Rights and that the Committee report back to the House within four months of the adoption of this Order.”.

Criminal CodePrivate Members’ Business

December 6th, 2016 / 6:35 p.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, today I am pleased to speak to Bill C-235, an act to amend the Criminal Code and the Corrections and Conditional Release Act (fetal alcohol disorder).

I want to begin by saying that my NDP colleagues and I will support this bill. The NDP would like all parties in the House to work together to adopt this positive and long-overdue reform, which the previous government neglected.

Fetal alcohol disorder can have a range of effects on affected individuals. Those effects may include difficulty reasoning, inability to remember things, and trouble learning from past experiences and not repeating mistakes.

Bill C-235 defines the neurodevelopmental disorders associated with prenatal alcohol exposure. The spectrum of these disorders is commonly known as “fetal alcohol spectrum disorder” or by the acronym FASD, which I will use. This bill would amend the Criminal Code to establish a procedure for assessing individuals who are involved in the criminal justice system and who may suffer from fetal alcohol disorder. It would also include FASD as a mitigating factor in sentencing.

The bill also recognizes FASD as a disability in the federal correctional system. It also requires the courts to order people who have FASD to follow an external support plan so that they receive the support they need for their reintegration into society. It finally makes a consequential amendment to the Corrections and Conditional Release Act.

Bill C-235 is actually is a reintroduction of two past bills to better address the needs of individuals suffering from fetal alcohol syndrome disorder who find themselves in our criminal justice system. In terms of the trial process, this latest version of the bill allows the courts to order an assessment over the objections of the defendant and at any stage of the proceedings. We have supported every past incarnation of this bill, which seeks to better address the needs and circumstances of offenders suffering from fetal alcohol spectrum disorder in the criminal justice system.

In accordance with its order of reference of Wednesday, November 26, 2014, the Standing Committee on Justice and Human Rights studied a previous version of this bill, Bill C-583. The report of that study was tabled in May 2015. The report indicates conclusively that people with fetal alcohol disorder are overrepresented in the penal justice system. According to a study conducted by the Fetal Alcohol Syndrome Society of Yukon, 76% of the target population affected by fetal alcohol disorder had contact with the justice system.

Currently, our justice system does not leave room to take the individual's situation into account or to address it. It is therefore very important to support this bill, which needs to be passed quickly if we are to take people and their particular condition into consideration when we seek justice. We sincerely lament the fact that for years, the Conservatives ignored evidence and used a one-size-fits-all approach to impose mandatory minimum sentences that are costly, ineffective, and even unconstitutional.

The NDP is in favour of a more effective approach that is more suited to the victims. We have a real problem when it comes to identifying this disorder in those who have it. Wenda Bradley, one of the witnesses who appeared before the Standing Committee on Justice and Human Rights, said that “there are many people within our society who are affected by FASD but who have not been recognized and who keep circling in and out of the justice system”.

The problem is that this disorder is somewhat invisible. Those who have it look like you and me. However, they have special needs and that is why we must provide them with the appropriate support throughout the entire penal process.

In fact, when he appeared before the same committee, Rodney Snow had this to say:

...criminal law assumes that individuals make informed choices, that they decide to commit crimes, and that they learn from their own behaviour and the behaviour of others. Fourth, these assumptions are often not valid for individuals with FASD, so our criminal justice system fails them and it fails us.

By considering this disorder as a mitigating factor in criminal proceedings, we could better adjust sentences for these individuals. Studies of young offenders indicated, for example, that the sentence alone does not reduce criminal recidivism. On the contrary, it could even encourage it.

The passage of this bill would allow the criminal justice system to adapt sentences for these individuals so that they are as effective as possible. Moreover, a system would have to be put in place to identify children with fetal alcohol syndrome as early as possible.

The data I have collected on children with fetal alcohol syndrome demonstrate the extent of the problem in Canada. In Quebec, one in 128 children are affected by this disorder. In Ontario, one in 156 are affected. In Saskatchewan, it is one in 40. In the Northwest Territories, it is one in 33.

We must not wait until these individuals wind up in court for committing a crime before they are diagnosed with this disorder. An ounce of prevention is worth a pound of cure. Yes, including FASD as a mitigating factor in sentencing is already a big step forward. However, this disorder also carries other consequences. A number of FASD symptoms, such as impulsiveness, make it hard for sufferers to hold down a job or live a stable life, which can lead to poverty and homelessness.

Having spent many years working in community-based organizations, including over 10 years as executive director of Auberge du coeur Le Baluchon, I knew a few young people who had FASD who, as a result of the disorder, had developmental delays and were constantly having problems at school. These young people endure one failure after another, and often they do not even understand why. They think that they are to blame for their problems and that they are inadequate. They often have very low self-esteem, which creates a whole slew of other problems. They will be penalized throughout their lives by the lack of appropriate care and support.

I think that it is critical that the government do more to support other levels of government in order to help people who have FASD and invest in prevention and awareness.

As an NDP member, I support this bill, and I urge all my colleagues in the House to do the same. Let us think of all the young people suffering from FASD and bring in measures that could help them.

Rod Snow, former president of the Canadian Bar Association, agrees that everyone should support this amendment to the Criminal Code and to our correctional system so that they are appropriate and effective when it comes to fighting crime. The old approach is simply not working.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

May 8th, 2015 / 12:05 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, indeed, in response to the 19th report of the Standing Committee on Justice and Human Rights, the official opposition is presenting a supplementary report regarding consideration of Bill C-583, An Act to amend the Criminal Code (fetal alcohol spectrum disorder).

I quickly want to thank all my committee colleagues, especially the hon. members for Nanaimo—Cowichan and for La Pointe-de-l'Île, who were responsible for this bill on behalf of the team.

Although we, along with the government, support the report, our main regret is that the bill introduced by the hon. member for Yukon was too watered down. We think it is a shame that the government persuaded that member to withdraw his bill, which would have represented a step forward and would really have been more effective than a report with extremely soft recommendations.

I would ask the government to pay particular attention to the recommendations submitted by the official opposition. These recommendations would move things forward much more quickly than the very simplistic recommendations made by the Conservative government members in the committee.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

May 8th, 2015 / 12:05 p.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I have the honour to present, in both official languages, the 18th report of the Standing Committee on Justice and Human Rights in relation to Bill C-35, an act to amend the Criminal Code (law enforcement animals, military animals and service animals).

The committee has studied the bill and has agreed to report it back to the House without amendment.

I also have the honour to present, in both official languages, the 19th report of the Standing Committee on Justice and Human Rights in relation to the study on the subject matter of Bill C-583, an act to amend the Criminal Code (fetal alcohol spectrum disorder).

Pursuant to Standing Order 109, the committee requests that the government table a comprehensive response to this report.

Drug-Free Prisons ActGovernment Orders

April 21st, 2015 / 11:10 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I have to seize this opportunity. Actually, I have lots to say about the government's silence.

That said, let me first deal with the positive. I want to thank the NDP members on the Standing Committee on Public Safety and National Security, because, especially over these past few months, they have had an enormous amount of work to tackle. I thank the member for Esquimalt—Juan de Fuca, the member for Alfred-Pellan and the member for Compton—Stanstead. I congratulate them on their hard work. I understand the frustration that can set in when you have to deal with bills like Bill C-12.

It can be frustrating to know that, clearly, we could do so much better. It can also be frustrating—as my colleagues have said before me—to see grandiose titles like drug-free prisons act, as we can see written in the bill itself under “Short Title”:

This act may be cited as the drug-free prisons act.

This raises so much hope. People read that and think that that would be wonderful. Then, reality sinks in. After seeing such a grandiose title, I was expecting a rather lengthy, comprehensive bill, since it deals with such a complex issue. Ultimately, with one clause on the bill's short title and just four substantive clauses, the Conservatives are claiming they can eliminate drugs from prisons. This reminds me of the time that they studied the issue of prostitution following the Supreme Court ruling. That bill also had a grandiose title, indicating that, with that bill, the government was going to put an end to prostitution and abolish it in Canada. Well done. There will never be any prostitution ever again. Only, that is not what I am hearing in the street. It remains a thriving industry. It may be done differently, but it still exists.

As I was soaking up my colleagues' speeches—thank goodness they are here to speak in the House—I was reminded of what I dealt with over the past two weeks in my riding. Being in my riding is a much more positive experience than being in the House. Those watching us must be as disheartened as we ourselves can be. Sometimes we get the feeling we are howling in the wilderness, and this is one of those times because we really get the sense that just one side of the House is talking about this, and people are noticing that.

We all know, because lots of people were talking about it, that last week was National Volunteer Week. I made a lot of contacts and met with lots of people in Gatineau who are doing amazing work on all kinds of issues, such as helping people with drug addictions and helping former inmates reintegrate into society.

I sat down with these people and talked to them about the Conservative agenda. I explained to them that I would be giving a speech this week on the fact that the government says it will eradicate drugs from prisons. Mr. Speaker, you cannot imagine how much people laughed at that. They did not take me seriously. They asked me just how the government planned to do that.

I replied by reading clause 2:

If an offender has been granted parole under section 122 or 123 but has not yet been released and the offender fails or refuses to provide a urine sample when demanded to provide one under section 54, or provides under that section a urine sample for which the result of the urinalysis is positive, as that term is defined in the regulations, then the Service shall inform the Board of the failure or refusal or the test result.

They said, “All right, and then what?” I told them about clause 3:

Section 124 of the Act is amended by adding the following after subsection (3):

(3.1) If the Board is informed of the matters under section 123.1 and the offender has still not yet been released, the Board shall cancel the parole if, in its opinion, based on the information received under that section, the criteria set out in paragraphs 102(a) and (b) are no longer met.

They said, “All right, and then what?” I told them about clause 4:

The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

They said, “And then what?” I told them about clause 5:

The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation,...

Members will understand that they laughed because they wondered how this would make prisons drug-free. They asked me to explain how that would happen.

They asked me to explain how that would happen. I told them that there was no explanation. This bill does absolutely nothing, aside from cancelling someone's parole. No one can be against virtue, which is why there is unanimity on Bill C-12. However, this government is once again missing an opportunity to do something good.

For four years now, the government has been giving us bills with fancy titles that sound great but actually accomplish very little. I think that people are starting to realize this. The best example may be Bill C-51. All of the polls showed how the New Democratic Party was seen to be on the wrong side of the fence: we supported terrorists, we were not to be taken seriously when it comes to security, and the government was right.

Those who are a bit more timid, such as the third party, the Bloc Québécois and others, jumped on the Conservative bandwagon. Everyone was unanimous because they thought it was the right thing to do. When the members opposite and the third party remain silent on a bill like this, I tell myself that the NDP is doing the right thing. At report stage and third reading, we should have something to say on behalf of our constituents. I am not saying that that is necessary for all bills, but when it comes to a bill about eradicating drugs in prisons, I cannot believe that the members of the House, who represent Canadians, have nothing to say about their respective ridings.

All of us, or almost all of us, have detention centres, prisons or penitentiaries in our ridings. We can talk to our constituents, our street outreach workers, the people who take care of those with drug addictions and those who take care of inmates. If we really want to make our communities safe, we need to know what we are talking about. We have to be able to read a bill to our constituents without having them laugh at us and ask us if we are serious and if we really believe that a bill will solve the problem. Where is the money for rehabilitation? Where is the money for programs? The Conservatives cut that funding over the past few years. We are constantly being told that we cannot be serious.

We are taking a stand. We are doing the work in committee. We are unequivocally telling the government that this does not make sense and that it is ridiculous to insult people by trying to sell them this. I am sure that this afternoon we will see even more rhetoric about what they are doing. I cannot wait to see what kind of budget the government will allocate to public safety and justice. Why? Because I still think—and I will be surprised if the government proves me wrong—that this government spends more on ads saying how wonderful and extraordinary it is than on programs that could help drug addicts in prison. It is one thing to be able to prove that someone consumed drugs, with a blood and urine test, and to cancel that person's parole, but do we simply want to punish that person or do we want to ensure that he will not continue to have drug problems after he is released? That is what we should be looking at.

This government has little interest in such things. That is ironic, because at the Standing Committee on Justice and Human Rights, one of the first bills that came to us from the Conservative benches, Bill C-583, covered the problems related to fetal alcohol spectrum disorder. It was a meaningful bill that showed it was possible to do something other than punish. It looked at a disorder, one from which many people in prisons suffer, and tried to find solutions tailored to their needs and their problems. There was unanimity, which was nice, but what did the government do? It withdrew the bill. It forced the MP who introduced it to withdraw it for further study. We took a close look at it in the time we were given. Everyone knows that the Conservatives do not give us much time for thorough study. The study will probably produce some conclusions. I am eager to see the final recommendations that will be submitted to the House.

Considering our past experiences with our colleagues across the aisle, I would be willing to bet that the recommendations will simply encourage a more thorough study and therefore do absolutely nothing. This is really just like what the Liberals used to do before them. It is mind-boggling how similar they are; there is no difference. It is astounding.

It is extremely frustrating because, actually, what is happening here today is a perfect example of what is leading the people of Gatineau to ask, when I meet them, what the point of Parliament is. People here do not even have five minutes to stand up in the House and at least explain how the four little clauses I read earlier are going to achieve what the title says, that is, ensuring that prisons are drug-free. Instead of telling us how wonderful and perfect they are, the Conservatives could simply tell us how they believe these clauses will be so successful, when everything else has failed. It is very frustrating.

Fortunately, things are balanced in Canada. Our democracy has an executive branch, a legislative branch, and a judicial branch. At present, unfortunately, Canadian democracy has to rely too heavily on the judicial branch to rebalance the principles of law, which those on the Conservative benches should be familiar with. The Conservative MPs all have the advantages of the Department of Justice: they can consult people ad nauseam and get legal opinions from the top legal minds in Canada. They do not even take advantage of that. They keep passing bill after bill that gets hammered in the courts all the way to the Supreme Court.

Some denigrate the Supreme Court by claiming that it is engaging in legislative activism. That is not the case at all. The Supreme Court tells us legislators that we cannot do certain things, and reminds us that there are laws in this country and that we have a Constitution and a Charter of Rights and Freedoms. It tells us that we can go ahead and pass the legislation that we want, that it is our highest prerogative, but that there is still a framework to be respected. If people are not satisfied with this framework, then it is up to us as legislators to change that. However, we have to work within the Charter of Rights and Freedoms and the Constitution. This is not about judicial activism.

I will digress for a moment to talk about Edgar Schmidt, a former public servant who is involved in a case against the Attorney General of Canada that is currently before the Federal Court. He said that he received orders not to follow the charter at all or to just aim for 5%. A 5% chance of winning was enough to move forward. That is ridiculous. This government does not take its role as the executive and as a legislator seriously. That leads to the results we get when we end up before the Supreme Court of Canada.

Bill C-12 will not end up before the Supreme Court of Canada. That is clear. We would not support it if that were the case. Nevertheless, in my opinion, this bill will not accomplish what it is supposed to. Unfortunately, the bill will only delay the action that could be taken to do much better. If only the government would listen to the heartfelt pleas of the people who told us in committee what the government should do instead of cutting rehabilitation and support programs for people with serious drug addictions, then we might achieve better results.

As the Commissioner of Penitentiaries told us, given all the bills with longer and longer mandatory minimum sentences, prisons have no incentive to place these people in rehabilitation programs until just a few years before they are released on parole. Take for example someone who is serving a sentence of seven or 10 years. That individual will not necessarily be placed in a rehabilitation program immediately. The prison might wait until that person has been incarcerated for five years or until he has only one or two years left before he is eligible for parole. What kind of hardened individual have we created in the meantime?

If we claim to want safer communities, what is our responsibility as legislators? When it is time for these people to leave prison, I would like them to be able to reintegrate into society. What will happen if we do nothing to help them? This is not about being a bleeding heart. I would say that there is a certain measure of self-interest. I want to make sure that these people will not be a threat to my family, my friends, my community or me. We must implement the kinds of measures that will achieve these results. This government does not see it like that and, after four years, we are familiar with their approach. We were not born yesterday. This government likes to use grand titles.

This afternoon, we will probably hear about tons of budget measures that earned us the Conservatives' ridicule just for mentioning them. The Conservatives are going to appropriate them to further their interests and to strut around in the next few months, in a manner that I will not even describe, simply to boast about their magnificent agenda, as though this was the best government Canada ever had. They will want to make everyone forget all those years in the past when they were unable to bring forward a balanced budget.

All the Conservatives have done, in fact, like the good economists they are, is to add to the national debt, after everyone had tightened their belts under the Liberal government of the 1990s. That will not stop them from having a splendidly grand title for their budget, as they did for BillC-12.That is unfortunate. I do not know whether this is what the Conservatives are looking for, or whether it just reaches a portion of the population that is on their side. However, even for those who claim they are tough on crime and believe what the government says, I would tell them to go and read the bill. It is worth doing. I was able to read the bill designed to get drugs out of our prisons in exactly one minute. That gives you a good idea.

If someone listening to me believes that Bill C-12 will help solve the problem, I take issue with that. We should talk because, seriously, no one in their right mind will believe that Bill C-12 will help eliminate drugs from prisons. This is what I call misleading the public.

In my opinion, it is shameful for a government that otherwise proclaims itself to be serious to think it will succeed in slipping this “quick fix” past Canadians. Again, it is unfortunate that when bills have some appeal, like Bill C-583 and others, the government succeeds, through all kinds of procedural tactics, in derailing it.

Moreover, when the Conservatives do not want us to talk too long about something, they bring in time allocation motions. People are no longer fooled, and I saw that firsthand on the ground over the last two weeks. People are aware of this. I am comfortable with that, because the message I am sending to the government is what we have succeeded in doing with BillC-51. That bill had a fairly strong measure of support when tabled in the House, but that is no longer the case. People are not fooled. They understand, because we explain it to them. We are doing our job as the official opposition. We do not do so just on the basis of polls. We do so on principle. We have stood firm.

Some parties may have changed their ideas along the way when they saw they were perhaps on the wrong side of the fence, like the Bloc Québécois. Others, like the Liberal party, decided to persist in their error and continue to support the Conservatives. That is not surprising, because they are much alike.

That said, people are not easily fooled. We too will have the time to explain what is going on, although we perhaps do not have the same budget as the Conservative government, which will spend millions of dollars, not to say hundreds of millions of dollars, on advertising during our hockey games, for example, to tell us how great its budget is.

However, people are not fooled, and they will be able to tell this government that the time has come to stop mocking them and making them believe it is doing things that it does not do at all.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

March 24th, 2015 / 10:45 a.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I have the honour to present, in both official languages, the 16th report of the Standing Committee on Justice and Human Rights in relation to the subject matter of Bill C-583, an act to amend the Criminal Code in relation to fetal alcohol spectrum disorder.

The committee requests a 45-day extension to consider it.

Drug-Free Prisons ActGovernment Orders

December 8th, 2014 / 12:30 p.m.


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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I rise today to speak to Bill C-12, the optimistically titled drug-free prisons act.

Bill C-12 would amend the Corrections and Conditional Release Act to require parole boards to cancel day parole or full parole if an offender failed a drug test or refused to provide a urine sample and if the board then considered that the criteria for granting parole were no longer met. As the law currently establishes, urine samples may be demanded on reasonable grounds as part of a random selection or as a prescribed requirement of a particular program, such as a substance abuse treatment program.

Bill C-12 would also clarify that conditions of parole or other forms of release may include conditions relating to an offender's use of drugs or alcohol. The imposition of such conditions would explicitly include cases where drug or alcohol use had been a factor in the offender's criminal behaviour.

The Liberals will be recommending that this bill go to committee for further study. However, I would like to reiterate the criticisms that my colleague, the hon. member for Malpeque, levelled at this bill over a year ago.

First, we would all like to see drug-free prisons, yet Bill C-12 takes an exclusively punitive approach to substance abuse in Canada's correctional facilities. Does anyone think this will be effective?

In his 2011-12 annual report, Howard Sapers, the Correctional Investigator of Canada, made the following observation:

A “zerotolerance” stance to drugs in prison, while perhaps serving as an effective deterrent posted at the entry point of a penitentiary, simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.

Mr. Sapers' report specifically stated:

—that a comprehensive and integrated drug strategy should include a balance of measures -- prevention, treatment, harm reduction and interdiction.

In 2012, the Conservative government re-appointed Mr. Sapers, giving him his third consecutive term. Accordingly, one might be tempted to think that the government would take the advice of its chosen adviser. After all, Mr. Sapers' recommendations were the product of careful and politically impartial analysis. Efficacy was the sole motivator.

Why does the Conservative government not listen to the highly qualified individuals who have been hired to give good advice and who are motivated solely by the desire to give good advice?

When Privacy Commissioner Daniel Therrien suggested splitting Bill C-13 into two bills, the government ignored him. When Chief Justice Beverley McLachlin of the Supreme Court tried to warn the government about its legal problem with appointments from the Federal Court, the government ignored her. We all remember that the Prime Minister and the Minister of Justice even went so far as to slander the Chief Justice for trying to save them from themselves. This is a worrying trend, although I do not expect the government to take my advice, either.

In this instance, ignoring the Correctional Investigator is stunning, or as my Newfoundland colleagues may say, “stunned”. Howard Sapers was vice-chairperson for the Prairie Region with the Parole Board of Canada, director of the Crime Prevention Investment Fund at the National Crime Prevention Centre and executive director of the John Howard Society of Alberta. He served two terms as an elected member of the Alberta legislative assembly, including as leader of the official opposition. He is also an adjunct professor School of Criminology at Simon Fraser University, and he has served as president of the Canadian Criminal Justice Association. That is whose advice the government is ignoring.

Instead of taking that advice, the government is opting for a purely punitive strategy. Yes, the government's only solution to drug use in prisons is to keep more people in prisons for longer periods of time. As Kyle Kirkup wrote in the The Globe and Mail, the government's thinking on criminal justice is summed up by the slogan “Got a complex social issue? There’s a prison for that.”

I suppose this should come as no surprise. Bill C-12 is business as usual for the Conservatives. It is strong on rhetoric and weak on policy.

The government consistently prioritizes optics over substance, Orwellian sound bites over logic and it does Canadians a great disservice. We see it with mandatory minimums. We see it with the failure to use evidence to formulate public policy. In its eagerness to appear tough on crime, the government goes soft on thinking.

Last year, Mr. Sapers shared some deeply troubling statistics with Canadians. His report indicated that Canada's prison population is now at its highest level ever, even though the crime rate has been decreasing over the past two decades.

About three out of four offenders in federal penitentiaries are considered to have addictions, and a very high percentage of those addicts also have mental health issues. Given the context, this new bill's punitive approach is clearly unjustified.

Further, close to a quarter of all inmates are aboriginal, although aboriginal people make up only 4% of Canada's population. In the past decade, the number of aboriginal women in prison has increased by 112%. Aboriginal inmates are also subject to use-of-force interventions and incur a disproportionate number of institutional disciplinary measures. In addition, aboriginal inmates are typically released later in their sentences—80% by statutory release—and are less likely to be granted day parole or full parole.

Still, here we have a bill that does nothing to address the historical injustice and resultant social problems that aboriginal people are grappling with today. Instead, this bill would effectively lock up aboriginal inmates struggling with addictions for longer periods of time.

The issues plaguing aboriginal communities are reported in the newspaper, and we know those are available in this chamber. Therefore, ask, when is the government going to address the problems facing aboriginal communities?

I am disappointed by the government's approach, but I am not surprised. Just a couple of weeks ago we saw what the government did with Bill C-583, the bill from the member for Yukon, that would have made fetal alcohol spectrum disorder, or FASD, a mitigating factor in sentencing. Of course, FASD disproportionately affects aboriginal and northern communities. Bill C-583 was a bill that both the Liberals and the New Democrats were ready to support, yet the member for Yukon agreed to turn the bill into a study, killing his own proposal. One could reasonably infer that the government pressured the member to do this rather than risk being seen—Heaven forbid—as soft on persons with fetal alcohol spectrum disorder. However, I digress.

Speaking of this bill, we need to consider what the Correctional Investigator said in his 2013-14 report. Specifically, he was critical of the government's continued refusal to develop a comprehensive program. I emphasize the word “comprehensive”. To respond to continued drug use in penitentiaries, he said:

Interdiction and suppression in the absence of a more comprehensive range of treatment, prevention and harm reduction measures will not eliminate the demand (or supply) of contraband drugs or alcohol.

Mr. Sapers also criticized how the government had undermined a key correctional services program on addiction, specifically, its 10% funding cut to the prison methadone program. Mr. Sapers said:

I question the appropriateness of reducing investment in a program that delivers sound public policy benefits from both a health and public safety standpoint.

I could not say it better, and I would strongly urge the government to heed the advice of its chosen advisers by developing a more comprehensive strategy than what this punitive bill represents.

Again, Mr. Sapers set out what that strategy would look like. It would involve an integrated link between interdiction and prevention, treatment and harm reduction. It would involve a comprehensive public reporting mechanism and would involve a well defined evaluation, review and performance plan to ensure efficacy.

Finally, when the bill goes to committee, I would especially urge the government to take seriously any constructive proposals for amendments that emerge. We currently have a punitive bill that would not solve the drug problem in Canada's prisons and that would exacerbate aboriginal incarceration rates. Frankly, we need to do better, and we can do better.

Oral QuestionsPoints of OrderOral Questions

November 26th, 2014 / 3:15 p.m.


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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I would like to ask for unanimous consent for the following motion: That notwithstanding any Standing Order or usual practice of the House, the amendment to the second reading motion of Bill C-583, an act to amend the Criminal Code (fetal alcohol spectrum disorder), be deemed to have been withdrawn, that the bill be deemed to have been read the second time and referred to the Standing Committee on Justice and Human Rights.

Fetal Alcohol Spectrum DisorderPetitionsRoutine Proceedings

October 21st, 2014 / 10:05 a.m.


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Conservative

Earl Dreeshen Conservative Red Deer, AB

Mr. Speaker, the second petition requests that Parliament support Bill C-583 on fetal alcohol spectrum disorder.