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.

Bill C-83--Time Allocation Motion

[Dominic LeBlanc]

Mr. Speaker, my hon. colleague for St. John's East focused on two very important aspects of this legislation.

One aspect is the increased use of body scanners to help keep drugs and other contraband out of the institutions. This legislation specifically authorizes the use of these body scanners, which are comparable to the technology currently used at airports. Our government has indicated that all of these important technological investments will be available for institutions, so that the men and women who are responsible for those institutions may access that technology.

Also, the secure intervention units are a model that we think offers the best chance of ensuring the safety of the institution while continuing to ensure the rehabilitation of these offenders and giving them access to increased mental health services. It is something again that our government has announced considerable investments in, because we think that it is part of ensuring public safety and the safety of the men and women who work in these institutions.

My colleague has identified two very important pieces of this legislation. I know all members of this House thank him for that important insight.

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

Mr. Speaker, the government wants to implement the use of body scanners in penitentiaries, which is a good idea that I hope will be applied to all visitors, inmates and even staff. Can the minister tell us today if his government will immediately stop the implementation of the needle exchange program in penitentiaries?

That program is really a very bad idea. Since body scanners will identify 95% or more of the objects and drugs that enter penitentiaries, the use of needles will no longer be necessary.

Will the government end the program?

[Dominic LeBlanc]

Mr. Speaker, I want to again thank our colleague from Charlesbourg—Haute-Saint-Charles.

I am pleased that he agrees with us that the appropriate use of body scanners will play a major role in preventing the entry of drugs and other substances that could jeopardize institutional security.

In our view, it is important to listen to the professional men and women working inside correctional institutions. They are extraordinary people who are dedicated to the safety of the public and the institutions and to the treatment of those incarcerated.

As a government, every decision we make concerning the Correctional Service of Canada will be based on science, evidence and the importance of ensuring the safety of all Canadians and of correctional institutions, which are an integral part of our security across the country.

[The Deputy Speaker, Conservative, Bruce Stanton]

It is my duty to interrupt the proceedings and put forthwith the question on the motion now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion, the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #898

Corrections and Conditional Release Act

[The Speaker, Liberal, Geoff Regan]

I declare the motion carried.

The House resumed from October 19 consideration of the motion that Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be read the second time and referred to a committee, and of the amendment.

[The Speaker, Liberal, Geoff Regan]

The hon. member for St. Albert—Edmonton has four minutes remaining in his speech.

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

Mr. Speaker, I rise to continue discussing Bill C-83, an act to amend the Corrections and Conditional Release Act. When I last spoke on Friday, I referred to the fact that the government's justification for rushing the bill forward is that the courts made them do it, that the courts made them ban both segregation for administrative and disciplinary purposes in all circumstances. The problem with that justification is that it is simply not so.

Neither the British Columbia Supreme Court decision nor the Ontario Superior Court decision provide for that. Indeed, in the case of the Ontario Superior Court decision, the primary basis of that decision related to the independence of the review upon the determination made by the institutional head to put an inmate into segregation. The Ontario court determined that the lack of an independent review mechanism contravened fundamental justice under section 7 of the charter. That was the basis of the Ontario decision.

I need not remind the government that aside from these two court decisions, neither the Mandela rules nor the Arbour commission of 1996 called for the elimination of segregation in all circumstances. It is simply the government doing so with this rushed legislation without real, meaningful consultation with the men and women who work in correctional institutions, the most dangerous, difficult and stressful workplace environments. It is really quite unfortunate, but what is worse is that the changes the government is proposing to make will require a lot more resources to handle inmates.

Each time an inmate is removed from their cell to have some time out of it and away from segregation, that requires two guards to accompany them. What the government is proposing is to extend that to four hours. For this to work, it is going to require more resources, and so where are the resources for this from the government? They are nowhere to be found.

Instead of providing our correctional officers with the tools they need to keep our correctional facilities safe, what is the government proposing? It is proposing an 8.8% reduction in Correctional Services Canada's budget. That is what the Liberals are doing. While they are putting a greater burden on correctional officers, taking away vital tools that correctional officers need to keep institutions safe, the government is cutting back at the same time. It speaks to the misplaced priorities of the government and the fact that once again it just cannot get it right.