Bill C-83 (Historical)

An Act to amend the Corrections and Conditional Release Act and another Act

This enactment amends the Corrections and Conditional Release Act to, among other things,
(a) eliminate the use of administrative segregation and disciplinary segregation;
(b) authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons;
(c) provide less invasive alternatives to physical body cavity searches;
(d) affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals;
(e) provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services;
(f) provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and
(g) improve victims’ access to audio recordings of parole hearings.
This enactment also amends the English version of a provision of the Criminal Records Act.

Corrections and Conditional Release Act

[The Deputy Speaker, Conservative, Bruce Stanton]

Before resuming debate, I will let the hon. member know that there are only about seven minutes remaining in the time for government orders this afternoon, but he will have the remaining time when the House next debates the question.

The hon. member for St. Albert—Edmonton.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I rise to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act.

While there are some measures in the bill that are positive, on the whole, I cannot support Bill C-83. I cannot support Bill C-83, because important aspects of the bill, significant aspects of the bill, put criminals ahead of public safety. They put criminals ahead of our correctional officers, employees in correctional institutions. These are folks who work in some of the most difficult and dangerous work environments in Canada. Indeed, one could say that Bill C-83 is part of a Liberal scheme to put criminals first.

Perhaps the biggest problem I have with Bill C-83 is the fact that it would eliminate, right across the board, in all circumstances, both administrative and disciplinary segregation.

Under section 31 of the Corrections and Conditional Release Act, segregation is a last resort. The institutional head may only order that an inmate be segregated when there are reasonable grounds under one of three criteria: first, the inmate poses a security risk to the institution or to an individual in that institution; second, again as a last resort, there is a need to protect the integrity of an investigation; and third, it is necessary to protect the inmate from harm. Not only that, under section 31 of the Corrections and Conditional Release Act, an inmate must be released from segregation at the earliest opportunity.

If we listened to the speeches from members on the Liberal side and the NDP side, we would think it was something that occurred on a routine basis. In fact, when it comes to segregation, the criteria are high, the standard is high, and very few inmates are subjected to it.

Indeed, if one looks at the statistics, in 2014-15, 638 inmates across Canada were subject to administrative segregation. That number fell to 430 in 2016-17, and as of July 31, 2017, fewer than 300 inmates were subject to administrative segregation. The number of inmates who were subjected to disciplinary segregation is even lower: five in 2010-11 among male inmates, down to three in 2014-15; among female inmates, the number was zero, other than one year, 2012-13, when one female inmate was subjected to disciplinary segregation.

While the standard is high, and while it is only used in the rarest circumstances, make no mistake about it, segregation is an important tool to deal with, in some cases, the most dangerous and violent offenders in our institutions. Members do not have to take my word for it. They can take the word of the Union of Canadian Correctional Officers, who said, in regard to Bill C-83, “the new Bill C-83 must not sacrifice disciplinary segregation as a tool to deter violent behaviour.” This is the union that represents the men and women who work in correctional institutions.

However, instead of listening to them, the government ignored them. The government totally disregarded them and said that it had no choice, because the courts made it do it.

Balderdash, that the courts made the government do it. There are two court decisions. The parliamentary secretary said the Supreme Court of Canada made the government do it. He had to stand up in his place and admit there was no Supreme Court of Canada decision. However, neither of the lower court decisions contemplates the elimination of segregation in all circumstances, nor does the 1996 Arbour commission, nor do the UN Mandela rules.

It seems the only people who want to eliminate it in all circumstances are the Liberals at the expense of the safety and security of correctional officers and at the expense of the safety and security of inmates. The government should be ashamed.

[The Deputy Speaker, Conservative, Bruce Stanton]

The hon. member for St. Albert—Edmonton will have four minutes remaining in the time for his remarks when the House next resumes debate on the question that is before the House.

I see the hon. Government House Leader rising on a point of order.

Bill C-83—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

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

[The Deputy Speaker, Conservative, Bruce Stanton]

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

Bill C-83--Time Allocation Motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I move:

That, in relation to Bill C-83, An Act to Amend the Corrections and Conditional Release Act and another Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

[The Speaker, Liberal, Geoff Regan]

Pursuant to Standing Order 67.1, there will now be a 30-minute question period. I invite hon. members who wish to ask questions to rise in their places so that the Chair will have some idea of the number of members who wish to participate in this question period.

The hon. House Leader of the Official Opposition.

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, this is indicative of what the Liberals have been doing overall on this bill, which is very disturbing to see. This is a bill that would have a direct effect on the men and women who put their lives on the line every day dealing with the most dangerous, horrific criminals in Canada.

Corrections officers do not like this bill. The government has not talked with them about this bill. It has not talked or consulted with them on the very dangerous and very real implications for the men and women who serve as corrections officers.

This bill would be taking away the ability of corrections officers to put individuals in solitary confinement for the protection of other inmates, the protection of themselves or the protection of guards.

We are again seeing the Liberals focusing on protecting criminals, focusing on worrying about the comfort of criminals who are serving their time in federal penitentiaries, and shutting down any discussion or debate. It is shameful to see.

[Dominic LeBlanc, Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.]

Mr. Speaker, it will not surprise or shock anyone that I disagree with most, if not all, of those comments. First, what we are seeking to do is to send this legislation to committee. This legislation will have been before the House for three days.

My hon. colleague referred to the importance of hearing from correctional officers. I personally have a large federal correctional institution in my riding. In fact, there are three institutions. I have had a chance to meet with the union representatives for correctional officers on a number of occasions. I think it is always important to listen to those men and women who work in the system. Having the legislation at committee would allow us to do exactly that.

As my hon. colleague noted, this legislation has been before the House for some time. If we fail to enact legislation by December of this year or January of next year, because of court decisions in two jurisdictions, we could very well find ourselves in a situation where the institutions would have no recourse to the proper tools to ensure safety.

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

Mr. Speaker, if I am not mistaken, this is the 48th time this government has moved time allocation. With the election only a year away, I imagine the Liberals are trying to step up the pace in order to match the record set by the previous government. In terms of the bill's substance, it basically changes a term; it makes a minor change to administrative segregation. Ultimately, it solves nothing. Ontario and British Columbia courts have ruled that administrative segregation is unconstitutional.

The minister just mentioned the two decisions in question and the fact that measures need to be taken quickly. However, I wonder if the minister can explain to me why his party is rushing a bill that completely fails to address those court decisions. On top of that, we had a bill on the Order Paper, and the government is appealing the B.C. Supreme Court ruling. I do not quite understand where the government is going with that.

Why did it not simply respect the courts' decisions and introduce a bill that really reflects those decisions?

[Dominic LeBlanc]

Mr. Speaker, I thank my colleague from Beloeil—Chambly for his comments. Let me reassure him. I know he must be very worried about the use of time allocation. I can assure him that we are nowhere near the historical record set by the former Conservative government. I think he will agree that it is likely to remain a record for a long time.

However, we agree that this bill needs to be studied by a parliamentary committee, which is precisely where this kind of issue could be examined. I do not agree with my colleague, because not passing a bill in the next few months could in fact take away the appropriate tools available to the management of correctional institutions under the Canadian Charter of Rights and Freedoms, which is extremely important to our government. We believe that this bill is consistent with the Canadian Charter of Rights and Freedoms and the court decisions. That is why we are asking members to send it to committee quickly.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, the minister wants us to send the bill to committee quickly. Naturally, we on the Standing Committee on Public Safety and National Security will study it and propose the necessary amendments, but the majority will probably vote down our amendments.

That is why debates in the House are so crucial. Many opposition members have important speeches to give, because they also have concerns about the correctional system. Yes, there are some important judgments, and certain things need to be taken into consideration in that regard. However, the correctional officers' unions have been largely ignored, although it is vital that they be heard.

My colleague said that he met with union representatives from three correctional institutions in his riding. However, I myself met with people from Donnacona Institution two weeks ago, and they made it clear that the government was not listening to them.

This week, even union president Jason Godin said there would be a blood bath in the penitentiaries if Bill C-83 were passed. Those are his words. This government does not want to listen to what we have to say and just wants to rush things through. Many concerns remained unaddressed and the answers we have been given so far are incomprehensible.

I would like the minister to tell us why he does not want to listen to what we have to say.

[Dominic LeBlanc]

Mr. Speaker, I thank my colleague from Charlesbourg—Haute-Saint-Charles for his intervention.

I agree with him in part. It is indeed important to listen and consider the experience, judgment and suggestions of correctional services professionals. As I told him, as the member for Beauséjour, I have had many opportunities to meet extraordinary women and men who work for the Correctional Service of Canada. We know that their working conditions are often extremely difficult and we have a lot of respect for them. That is partly why we believe that CSC needs to have the right tools for ensuring safety in the institutions, including the safety of the inmates and the staff who work there.

That is why, in the wake of the court rulings, that apply not just in one jurisdiction, but in many jurisdictions in Canada, including rulings based on the Canadian Charter of Rights and Freedoms, we think that it is the right time to renew the tools available to the Correctional Service of Canada to uphold the rights of prisoners and, most importantly, to ensure safety and security in the institutions, including the safety of employees and visitors.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I would like to tell the government that I am deeply disappointed that it is imposing a time allocation motion on Bill C-83 because this bill was introduced in response to court rulings.

This bill does not call into question administrative segregation by proposing other solutions. All it does is call administrative segregation by a different name and make slight changes to a few measures. I am very concerned because this bill does not seem to respond to the courts' decisions. I would like the House to come up with a solution that truly addresses the courts' decisions so that we do not end up back at square one in a few months when the bill is once again challenged because it did not respond to the court rulings.

Why rush the study of this bill when we know why it was introduced?

[Dominic LeBlanc]

Mr. Speaker, I thank my colleague from Abitibi—Témiscamingue for her comments.

We are trying to do exactly what my colleague talked about. We are in the process of responding purposefully and appropriately to the courts' decisions. What we are proposing in the bill is very different from the current system. There will be structured intervention units. We are doubling the number of hours inmates spend outside their cells and guaranteeing them a minimum of two hours a day of human interaction, whether it is with staff, volunteers, health care providers, chaplains or visitors with whom the inmates interact well. We are therefore responding specifically to the courts' concerns and have been for some time.

I am from New Brunswick, and I clearly remember the tragic case of Ashley Smith, a young woman from Moncton, near where I live. We are very aware of the need to have appropriate tools that comply with the Canadian Charter of Rights and Freedoms and that enable those responsible to keep everyone in these institutions safe, particularly staff and visitors. That is clearly our government's priority.