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

[Some hon. members]

Agreed.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, my hon. colleague from Durham brought up a very valuable point. It will frame how my 10 minutes will move forward on the topic of Bill C-83.

I am glad to see that our hon. colleague across the way, the Minister of Public Safety and Emergency Preparedness, is not at Rideau Hall right now, being shuffled away. It is nice he is here with us, as the Prime Minister tries to shuffle himself out of a crisis of confidence.

That is where we are. A great emergency debate took place last night, with valuable comments from all sides.

I rise today to speak to Bill C-83, and I reiterate that the government has used time allocation to once again force closure to limit debate. Why is that? As we have seen time and again, if the government does not like what it is hearing or does not like the message, it is going to force closure on debate. The Liberals do not want to hear anymore.

It was on day 10 of the 2015 election that the member for Papineau told Canadians that he was going to do things differently, let debate reign and not resort to parliamentary tricks such as closure and time allocation. He said that under his government, Canadians would see the most open and transparent government in the history of our country and sunny ways.

What have we seen over the last three years? We have not necessarily seen a lot of sunshine, but have heard a lot of questions. Canadians have a lot of questions, and rightfully so. Today, we are in the middle of a crisis of confidence.

We should always arm our front-line officers, those who we trust to protect us and who serve our country and our community. We should be giving them to tools so they can fulfill their missions, come home safe and sound and remain healthy.

Bill C-83 is another attempt at being soft on crime, making things easier for those who commit the worst crimes in our society. The Liberals want Canadians to believe that these criminals are okay and that somehow solitary confinement or segregation is cruel and unusual punishment. One day these criminals get out of prison and will walk among us.

Let us consider Paul Bernardo, Robert Pickton, Clifford Olson, Eric McArthur, Travis Winsor and Canada's youngest serial killer, Cody Legebokoff. These are the types of offenders who are in solitary confinement and they are there not only for the protection of officers and other inmates, but for their own protection as well.

The minister talked about consultation, saying that the Liberals had consulted with the union of correctional officers and with Canadians from coast to coast to coast. The testimony we heard is considerably different from what they have said.

They purport there is support for the bill. There is support for elements in the bill, such as body scanners. However, the union of correctional officers has some serious concerns with it. In fact, the president remarked that there would be a bloodbath behind bars with the implementation of Bill C-83. He said that prisons did not have the resources now for the two hours inmates in solitary confinement were allowed to be out each day, let alone for four hours per day.

It has been said that solitary confinement is used as an administrative tool for both the safety of the officers as well as other inmates. However, 23% of offenders who are in solitary confinement are serving life sentences; 23% of offenders are serving a sentence between two years and three years less a day; and 681 offenders are serving a sentence with a “dangerous offender” designation. Dangerous offenders very likely never get out of these institutions, because they have committed some of the worst crimes.

The Liberals want people to believe the opposition is sowing the seeds of fear, but the government is soft on crime. We have seen it with Bill C-75. Convictions for serious crimes could now be punishable with just a fine. Bill C-83's intent is to bring the prison population down from 12,000.

Prominent witnesses have had serious issues with Bill C-83. They have said it is flawed. As our hon. colleague for Durham remarked, how can Canadians have confidence in any legislation moving forward?

I will go back to the testimony we heard earlier this week from the former attorney general. It was three hours and 40 minutes of powerful testimony. The Liberals are going to spin it each and every way they can. They are going to say nothing untoward happened. The former attorney general has serious concerns. She spoke truth to power in what happened. She was shuffled. She was demoted, fired. Over the course of the following weeks, the Liberals have done everything to tarnish her character, cast doubt in her testimony. This is what they do, and it is shocking.

I challenge Canadians to take a moment to listen to that testimony, three hours and 40 minutes of it. It will give them a glimpse into our country's highest office and the extent to which it is willing to go to subvert justice. It will shock them. It will strike fear into Canadians. Make no bones about it, the world is listening.

Today is not just about Bill C-83. Today is about the crisis of confidence we have in the Prime Minister, his office and indeed his entire front bench. Those in the gallery and those who are watching should pay attention and listen. If they do one thing today, I urge them to find that testimony and listen to it. Hear in her own words how the pressure was sustained. Despite saying no multiple times, there was sustained pressure for her to subvert justice. After all, the Prime Minister was going to get his way one way or the other. That is shameful.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I am trying to understand what the Conservative Party's position is based on the comments of the minister responsible for the legislation. I refer specifically to some of the criticism of those members during second reading. Members of the Conservative Party made false allegations. It is not the first time they have given misinformation and they are very consistent about giving it.

The Conservatives are giving the impression to correctional officers and others that no money is flowing as a result of the legislation we are debating today. This is not the case. The minister has been very clear about to that.

Now that the Conservative members have been enlightened, now that they know money has been allocated, will they at least admit to the truth and admit they are wrong in their assertion that no money has been allocated? The opposition party has no qualms in saying something that is just not true. We see that again with respect to this legislation.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I guess the question today is whether the Prime Minister admits he was wrong.

Our hon. colleague is a good soldier. I am saddened that he is not down at Rideau Hall. I wish him better luck next time.

We have read the departmental plan for this department. One of our colleagues made note of it and questioned the minister on it. It shows about a 13% cut from the time we were government, 2015-16, to today. Correctional Service Canada managers have been tasked to look for efficiencies. In other words, to find ways to cut.

Bill C-83 has not been costed. We have made attempts to get the minister to tell us about the model the government is using and whether it has been costed. All we get is deflection. The Liberals are doing again what they usually do, which is to blame those before them.

The Liberals cannot accept the truth, they do not know the truth, we have not yet heard the truth and they cannot handle the truth.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would appreciate if the member would correct the slight he made to my colleague.

The Hon. Kim Pate, senator and former long-standing head of the Elizabeth Fry Society and who received the Order of Canada for her work against segregation in prisons, said two days ago that Bill C-83 could have been made meaningful. Instead of just changing the name, the government could have made significant changes by including provisions that would allow for the transfer of those who had mental problems to mental health facilities. I wonder if the member could speak to that.

Would the legislation really resolve the problem we face where so many have been put in segregation and suffer severe mental problems? There are other solutions? I have worked with many people in the criminal law field. I have been to those facilities of incarceration. The Hon. Kim Pate is a person whose advice should be considered.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, the issue today is that if the Liberals do not like the narrative or the message coming from others, they will do everything to tarnish their character. We have seen it with the former attorney general, one who still sits among their very own ranks. That is shameful.

We should be doing everything in our power to ensure that those who face tough times have the tools they need so they can remain healthy. However, we should always ensure that those who we task to protect, to serve our country or our communities have the tools they need to remain healthy, safe and secure at work so they can go home safely and remain healthy at home.

Bill C-83 would do none of that. It is flawed legislation. The Liberals should remove it immediately.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I am here today to speak to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

While there are a few colleagues across the way that think this is good bill, a number of people and organizations that testified at committee disagree.

One organization said that structured intervention units, or SIUs, are not needed, that the bill fails to focus on the programs and that there are concerns with section 81. That was the Elizabeth Fry Society.

The John Howard Society disagrees, saying that it needs more information on what exactly the difference is between solitary confinement and structured intervention units, believing that there is really no difference other than in the wording.

The British Columbia Civil Liberties Association disagrees. It will not support this bill, citing a lack of external oversight, a lack of programming needed to assist prisoners to reform and lack of sufficient resources and staff to meet social and educational needs.

The Native Women's Association of Canada also disagrees. It is one organization in a long list that were not consulted. It expressed reservations that the bill does not address traditions, protocol or cultural practices and does not clarify what is meant by “indigenous communities”.

The Union of Canadian Correctional Officers also disagrees, expressing very real concerns over the feasibility of SIUs and over prisoners and officers being more vulnerable under this bill.

The Canadian Civil Liberties Association also disagrees, citing that Bill C-83 has no meaningful reform and should be repealed and expressing apprehension that there was little to no consultation as well.

Aboriginal Legal Services also disagrees with Bill C-83, citing a lack of consultation and speaking about the expanse between rhetoric and reality.

A Canadian correctional investigator who testified also disagreed with this bill, expressing that eliminating solitary confinement was one thing but that replacing it with a regime that imposes restrictions on retained rights and liberties with little regard for due process and administrative principles was inconsistent with the Corrections and Conditional Release Act, as well as the Charter of Rights and Freedoms.

However, when there is little regard for the rule of law, disregarding the charter is a trivial thing. I just hope that no one is hurt or killed because of this legislation before November, when Conservatives can repeal this piece of legislation.

I am not sure if my colleagues have detected a pattern or not. Clearly, the government sees no problem with ignoring the concerns of those most affected by this bad bill, but this lack of interest in listening to Canadians does not end with Bill C-83.

In the Correctional Services departmental report, 2018-19, on page 26, if the members opposite care to follow along, there is actually a cut in spending to Correctional Services of Canada of about 6.6%. That is comparing 2015 to 2019. It went down 6.6%.

Also in that departmental report is a list of departmental priorities. Believe it or not, there is not one mention of officer safety in that report. How is that even possible? Again, there is a pattern that is consistently repeating itself here.

With respect to the government's carbon tax, much promoted on their side, no less than four provinces are taking the Liberal government to court, and more are waiting.

The Prime Minister's carbon tax does nothing for the environment, but it will increase the cost of gas, home heating and everyday essentials. Worse still, it is going to get more expensive. For Ontario, Manitoba, Saskatchewan and New Brunswick, in 2019 the Prime Minister's carbon tax starts at $20 a tonne, going up to $50 in three years. However, internal government documents confirm that the Liberals are already planning for a carbon tax of $300 per tonne. That is 15 times larger than what it will be on April 1 when it kicks in.

The Prime Minister has cut a special carbon tax side deal with Canada's largest emitters, which means they will continue to pollute for free while families and small business owners get hit with the full force of that tax.

For wealthy individuals, an extra $100 a month on a grocery bill or electricity bill might not seem like a big deal, but it matters a lot to a family trying to make its household budget last to the end of the month. Canadians do not want it, but like the stakeholders who testified on Bill C-83, they are being ignored by the government.

The bill is very much about protecting the rights of criminals, particularly those who continue to behave badly in prison. The Supreme Court of Canada recently made a ruling that the law that makes criminals pay surcharges to help victims is unconstitutional, and the Liberals have jumped on this. Instead of looking at ways to protect victims' rights, they have introduced legislation to remove this necessary instrument for ensuring criminals are held accountable. Victims' rights must always be at the heart of our criminal justice system. That is why our previous Conservative government took unprecedented steps to ensure that the rights of victims were protected.

The Liberals' approach to Bill C-83 is similar to what we are seeing in a lot of other pieces of legislation, and I will outline a few more ways the government continues its pattern of failing to listen to Canadians.

The Prime Minister failed to move an ounce of dirt or build one inch of new pipeline. They had to nationalize it, and they still have continued to fail on this file. After killing the northern gateway, he vetoed the energy east pipeline and obstructed Trans Mountain. This lack of pipeline capacity has turned an already difficult economy in western Canada into a full-blown national economic crisis that is threatening tens of thousands of jobs, on top of the 100,000 jobs already lost in the energy sector since 2015.

The Prime Minister also failed to fix the mess he created at our border with the United States. Since his #WelcomeToCanada tweet last year, 40,000 people have crossed illegally into Canada, at a cost of up to $34,000 each. By 2020, this crisis will have cost Canadian taxpayers $1.6 billion.

As well, the Prime Minister failed to balance the budget, despite promising to do so in the 2015 election campaign. This year is supposed to be the year of the Prime Minister's final deficit before returning to surplus in 2019. Instead, this year's deficit is three times larger than projected and the budget will not be balanced until 2045. He is spending Canada's cupboards bare in good economic times and leaving us open to disaster when the downturn next hits.

The Prime Minister has also failed our veterans. After promising in the 2015 election that veterans would never have to go to court to obtain benefits from his government, he has spent nearly $40 million fighting veterans groups in court over benefits claims. When asked why at a town hall meeting in 2018 in Edmonton, he said that veterans were asking more than we are able to give.

The Prime Minister failed to equip our armed forces. He is spending $2.5 billion less than what he promised in his defence policy. The Royal Canadian Navy is in need of new warships, and to meet Canada's international obligations, the Royal Canadian Air Force requires a new fleet of fighter jets, not used CF-18s from Australia.

Canada's peacekeeping is at an all-time low, and the Prime Minister failed to represent Canada with dignity on the world stage, as he failed to maintain relationships with key allies. His trip to India was a PR disaster for Canada and seriously damaged relations with the world's largest democracy. Relations with the United States and other traditional long-standing allies are also strained.

The Prime Minister failed to uphold the standards of transparency, accountability and ethical behaviour he promised. In 2018, he became the first prime minister in Canadian history found guilty of breaking ethics laws after accepting a vacation from the Aga Khan, while his ministers continued to abuse their power for political gain in 2018. Now, with his handling of the SNC-Lavalin affair and his attempts to manipulate a favourable decision for his friends at SNC-Lavalin, he has lost the moral authority to govern. He must resign.

It seems unless someone employs workers in and around the Prime Minister's riding, there is not much the government will do to listen to their concerns.

I have laid out why this side of the House will not support Bill C-83. I welcome questions from my colleagues.

[The Assistant Deputy Speaker, Anthony Rota]

As we are getting close to the end of allotted time, we will break for question period, and then the hon. member will have five minutes' worth of questions coming to him when we return.

The House resumed consideration of the motion that Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be read the third time and passed.

[The Assistant Deputy Speaker, Anthony Rota]

As was stated earlier, the hon. member for Haliburton—Kawartha Lakes—Brock has five minutes of questions coming to him.

Questions and comments, the hon. member for Winnipeg North.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, this legislation is one of those government initiatives that is long overdue. It is going to have a very positive impact for our corrections system and will make our communities safer in the long run.

A vast majority of the individuals in our prison system ultimately end up going back into communities, and one of the ways we can prevent crimes from taking place is by investing in the right resources and at the same time supporting our correctional officers. I am wondering if my colleague could point out any specific parts of the legislation that the opposition members would have liked to have seen changed at the committee stage, where I know we did accept opposition amendments to the legislation to improve it.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, as I mentioned in my speech, I listed organization after organization that either raised concerns with this piece of legislation or felt that they were not consulted on this piece of legislation. I laid out the issues that I had with the use of SIUs and the fact that prison officers and the unions representing them have said on multiple occasions that the SIUs could not only put themselves in danger but also potentially other inmates as well. I think I listed that very well in my speech.

The hon. member talked about investments in law and order, security and justice, but the government's own departmental plan includes a cut of a third of a billion dollars in the RCMP budget. Not only that, the Correctional Service of Canada budget has received a 6.6% cut from 2015 when compared to 2019. Again, the Liberals' words are not backing up their actions.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, anyone who has looked at this question of solitary confinement, administrative segregation or its new title, structured integration units, knows that those with mental illness problems are the ones most likely to end up in this situation. I know the hon. member was not here in the last Parliament, but the Conservatives brought in an extremely large number of mandatory minimum sentences, which resulted in people who should otherwise be treated for mental illness ending up in a corrections situation.

Does he still support the use of mandatory minimums, which result in people with mental illness ending up in administrative segregation?

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, the mandatory minimums were aimed at keeping the worst of the worst, the violent repeat offenders, off our streets. I do not believe those who refuse to be rehabilitated in any way should be allowed to go free on our streets. Although there are a number of tools in the tool box that court officers, judges and law enforcement professionals have, the more tools the better.

What Bill C-83 fails to address is the fact that the union representing corrections officers has said on many occasions, especially through its testimony, that this is one tool being taken away that could jeopardize the safety of workers and the safety of other inmates.

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, one of the concerns we have raised again and again is the government's lack of seriousness over the safety of our correctional services officers. In its mandate letter to the head of correctional services, a 1,400-word mandate letter, only 52 words discuss officer safety, including this gem, “to instill within CSC a culture of ongoing self-reflection.” The government does not once mention safety of the workers in the departmental plan. It cuts resources, but wants to instill a culture of self-reflection.

Is this a government concerned with the safety of corrections services officers?