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

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank the member for her speech.

I certainly do not claim to be an expert in this area, though I have very definite ideas about rehabilitation. However, two courts have ruled that certain measures are unconstitutional. I have to admit that I do not see which measures in Bill C-83 will keep us from ending up in court again. I am not an expert, so I would like the member to enlighten me.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, I am not a lawyer and I am not a constitutional expert, but I know the government has reviewed carefully the court decisions. In fact, that is why we have a new bill in front of us right now. It has incorporated what the courts have said, along with our previous legislation that had been introduced around administrative segregation. I am confident that the government has looked at it, bearing in mind the importance of the constitutionality of the legislation, but also ensuring we will be rehabilitating offenders when they are in our prison system.

As it stands right now, individuals in administrative segregation do not have access to programming and they do not have access to the kinds of mental health services they need. Therefore, by bringing in this legislation and tying it with programming and mental health services, we should see a significant difference in the outcomes of the prison population.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, it is more of a comment than a question for my friend from Oakville North—Burlington. Given her speech and the commitment to work on amendments in committee, I am changing my vote and I will vote for Bill C-83 at second reading.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, I am so pleased with the hon. member's comments. I am very happy she will be supporting this to get it to committee.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, the member from Burlington mentioned that segregated individuals would go from two hours to four hours of human contact during the day. The opposition would like to paint that as our being soft on crime. However, the reality of the situation is that we are going to help people become better people so they can be properly rehabilitated and integrated into society.

Would the member agree that the goal is to accomplish that, to get people back into society to be productive members?

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, I absolutely agree with my colleague who, I know, is quite passionate about ensuring not only public safety, but ensuring the safety of people who work in the corrections system and ensuring that those who are in the prison system are able to live law-abiding lives when they get out of prison.

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Madam Speaker, I am pleased to have the opportunity today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act, which was introduced by the Minister of Public Safety and Emergency Preparedness, a position I used to hold.

To start with, I want to say that I will be vigorously opposing this bill. With respect to the point raised a moment ago by my colleague, I would like to remind her that the president of the Union of Canadian Correctional Officers, Jason Godin, has already pointed out the detrimental effects that this bill would have on security in our correctional institutions. He says that the number of assaults on prison guards by inmates has increased as a result of the reduced use of segregation under the new legislation that has been tabled.

I am strongly opposed to this bill, because its very basis is wrong. The first reason I oppose this bill is that it makes our correctional facilities less safe. I am sure members on both sides of the House would join me in acknowledging the remarkable work that our correctional officers do. Much like parents raising children, our correctional officers need respect. Our role, as parliamentarians, is to give them tools to ensure that they get respect, which is essential to keeping our correctional facilities safe. Unfortunately, this bill would weaken the tools available to our correctional officers.

I commend these officers, and I want them to know that I oppose this bill, because it will make our facilities less safe and will put our correctional officers at greater risk.

The second reason I oppose the bill is that any legislation meant to improve our correctional services needs to take into account a fundamental principle that is missing from this bill. The conditions of detention must reflect the seriousness of the crimes committed and must also reflect each individual inmate's risk level. This bill is clearly misguided because it removes tools that help our correctional officers keep our facilities safe.

The third reason I oppose this bill is that it does not contain any significant rehabilitation measures. I remind members that our correctional facilities are meant to ensure that when an inmate is released back into society, he or she is able to contribute to this society again.

With less respect, less safety and, unfortunately, more violence in our correctional facilities, it will be harder for inmates to focus on their rehabilitation.

As members have mentioned, Bill C-83 seeks to eliminate the use of administrative and disciplinary segregation. The Liberals are fixated on that. It seems that those who drafted the bill never had an opportunity, as I did when I was minister of public safety and as our public safety critic did, to simply go and visit correctional facilities to talk to correctional officers and inmates. Our public safety critic and I had the opportunity to meet with inmates who told us to leave this measure in place because it is good for their mental health.

Sometimes inmates need to be alone and to get away from others for awhile. There are some inmates who ask to be sent to administrative segregation, as I witnessed first-hand. We therefore see that the Liberals are taking tools away from correctional officers and inmates that help with inmates' rehabilitation.

What the Liberals are proposing instead is another mechanism for incarcerating inmates who cannot remain in the general inmate population for safety reasons.

This bill will require Correctional Service Canada to give inmates access to patient advocacy services and consider systemic and background factors unique to indigenous offenders in all decision-making.

That brings me to the Liberal approach. It took the Liberals 10 months to appoint a federal ombudsman for victims of crime, but far less time to appoint an ombudsman for criminals. That is definitely not in the interest of society. The government should make victims a priority too, but for the past three years, the government has been silent on that subject. Navigating the justice system is a painful experience for victims, and the government needs to make sure they get the support and respect they deserve.

I just want to point out that our government was the one that brought in the Canadian Victims Bill of Rights, and thank goodness we did, because the Liberals are not doing anything, on top of which they are taking ages to fill key positions. Clearly, the government does not think victims are all that important.

This bill has other flaws. It seeks not only to get rid of administrative segregation, but also to have body scanners installed. We do not take issue with that idea, but we do have a problem with how this is being handled. We know that a lot of contraband is smuggled into our penal institutions by visitors. It is therefore equally important to include those people in these measures. If the bill gets to committee, I would hope that these measures are given another look.

What is more, instead of giving inmates tools to overcome addiction, the Liberals are doing the opposite and providing them with syringes. We know that having syringes in penitentiaries is dangerous for our correctional officers considering the spread of disease associated with their use and the fact that they might even be used against correctional officers. That is something the bill ignores, but the government is okay with that.

I hope that the government will get back on track and, like our government, have a zero tolerance policy instead of aggravating inmates' health problems. It is important that the government, as legislator, send a clear message about the presence of drugs in our institutions. Everyone remembers the measures our government put in place.

Superior court judges ruled recently on the appropriateness of administrative segregation. I wonder if, much like the members opposite, those judges even bothered to go and speak with officers and corrections officers. Today my colleagues asked the minister, her representatives and other government members if they consulted officers and corrections officers, since this will have a serious impact on their work environment. We have heard nothing but radio silence so far in response.

I have so much more I want to say, but I see that I am running out of time, and I would not want to repeat what I have said in the past, which has been reported by my friends at Infoman.

In closing, I want share Jason Godin's view. He said that introducing this legislation could have a detrimental affect on conditions in our prison facilities, increase violence and make the situation worse. The government is going in the wrong direction and I urge it to change course. For now, I oppose this legislative measure.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, while my colleague was minister of public safety he promoted and was very comfortable with the widespread use of double-bunking, which not only led to unsafe conditions for inmates, but was widely opposed by prison guards throughout the correctional system.

I am leery to take his position, particularly when it comes to an issue like this.

Could the member at least acknowledge and accept the fact that we have a revolving door when it comes to people going in and coming out of prison over and over again? We need to properly rehabilitate people so that when they come back into society they can be productive members of society who can contribute to their communities. He would know that from his previous position.

Would the member not agree that we have to give the proper tools to our guards, and this is one of those tools, so they have what they need?

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Madam Speaker, I thank my honourable colleague for his question.

However, I have to say that his government is doing the exact opposite by getting rid of a tool. According to Jason Godin, president of the Union of Canadian Correctional Officers, it is a mistake to eliminate administrative segregation because it is one of the tools that help keep Correctional Service of Canada institutions safe.

I would like to come back to one thing he said about the so-called revolving doors. The Liberals are turning our prisons into shopping malls with revolving doors where people can come and go. They are eliminating measures and weakening detention conditions by making it easier for inmates to be released before completing their rehabilitation process.

Those are two measures that should be changed. The Liberals should restore administrative segregation and put an end to the revolving door system, which we eliminated but that the Liberals are reinstating. Unfortunately, it makes our communities less safe.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Madam Speaker, my hon. colleague spoke quite a bit about how removing segregation from the system would create an unsafe work environment. I want Canadians to know that members on all sides of the chamber support the fact that our correctional workers do a tremendous job and should be kept safe.

While this particular piece of legislation proposes removing administrative segregation and the capacity for people to be placed in administrative segregation, people actually would be assigned to secure intervention units. Usually, when they are removed it is for safety reasons.

I am not sure how my colleague would describe this as weakening the system when we would be placing them in a secure unit and giving them the tools necessary to help rehabilitate them while they are in that population. Those interventions could possibly reduce the amount of violence that does happen within the prison system. We would be providing our correctional system with a separate place to house those inmates.

It is not like we are just getting rid of it altogether. We would have secure units. We would also be giving inmates mental health support and rehabilitative support to help them reduce violence and correct themselves, thereby adding to the safety of our correctional officers.

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Madam Speaker, as I mentioned, I did not see much in the bill regarding rehabilitation.

I am sure the member wants safe communities and safe correctional facilities.

Joseph Godin, the national president of the Union of Canadian Correctional Officers, said, “The national prison guards' union is predicting increased violence behind bars as the federal government moves to end solitary confinement...”. He predicted that, “When this goes through, the bloodbath will start.”

I hope that when we eventually review the bill in second reading or at committee, we will be able to work together and reinstate those tools that are needed by our correctional officers to ensure that those facilities are safe. This is the way to make sure that inmates eventually will return to society and not pose a risk to their fellow Canadian citizens.

[Bill Casey, Liberal, Cumberland—Colchester, NS]

Madam Speaker, it is a pleasure for me to stand and speak in support of Bill C-83, an act to amend the Corrections and Conditional Release Act.

It is amazing to me how things connect here in the House of Commons in our parliamentary duties. Bill C-83 today ended up in a discussion with the Canadian Association of Suicide Prevention. Bill C-83 also has a direct connection to a town in my riding. It has direct connections to first nations issues as well.

I am going to talk about a few different things. I am going to talk about how this affects my own community and also a little about the health impact of Bill C-83.

In my own community, in my riding of Cumberland—Colchester, I have two correctional facilities. One is the Springhill Institution and the other is the Nova Institution for Women in Truro, Nova Scotia.

I will talk about Springhill first. That institution was built in 1967.

Partly in response to a natural disaster that happened at a coal mine on October 23, 1958, 60 years ago today, in Springhill, 174 miners went to work. At 8:06 in the evening, there was an underground earthquake, which is sometimes called a bump. It was the most severe bump in North American history in one of the deepest coal mines in North America. Of the 174 who went to work that day, 75 lost their lives. There were 99 survivors, and many of them were trapped underground for many days. Six days after the bump, 12 survivors were rescued by creating a tunnel to get them. Later, on November 1, a second group was saved. That was 60 years ago today, and I want everybody to know that Springhill is remembering that bump today as we speak. Many people who work at the Springhill correctional facility are relatives and descendants of the miners who were lost 60 years ago today.

They never forget in Springhill about the people who were lost. They built a beautiful memorial with a number of stones with every name of every miner who lost his or her life in the mines. Every year they have a Davis Day to make sure that people do not forget the lives lost in the Springhill mines. Tonight, at 7 p.m., in the St. Andrew's-Wesley United Church there is a hymn sing led by three daughters of one of the miners, Maurice Ruddick, who was one of the miners trapped underground. He is often credited with helping other survivors underground survive that ordeal. Being trapped 4,000 feet underground, he led them in song and prayer. He was cited as citizen of the year for Canada at the time. Just a month ago, Herb Pepperdine, one of the last men in the mine who was trapped for eight days, died at the age of 95.

Therefore, for me, today is a special day, and 60 years ago, I remember the day. I remember the ambulances, the police cars, the turmoil and the TV. Just two years before that, there was another explosion when 39 Springhillers were lost. In just two years, Springhill lost 114 miners.

However, the Springhill Institution was built and opened in 1967. It has been very successful since and has expanded several times. It provides correctional facilities for medium- and minimum-security prisoners.

I mentioned the connections with the Canadian Association of Suicide Prevention. I talked to them today about suicide prevention and what causes people to attempt suicide. Also, earlier this morning, I was talking to my seatmate for Kildonan—St. Paul and she was telling me about a first nation in her riding in Manitoba, the Berens River First Nation. She gave me a document that reads “Isolation with no road access Kills (feeling of 'entrapment' resulting in high suicides)”, which is exactly what we are talking about today: isolation, confinement, solitary confinement and the impact it has on prisoners.

Not all prisoners should be in prison for their whole life, as some opposition members would lead us to believe. I have visited the prison in my riding several times, and often I am struck that the prisoners are just regular people who made a mistake. They want to get back into society. They want to be rehabilitated. They want a second chance and they are certainly entitled it. It is certainly worth the effort to try to help them.

Bill C-83 will take steps to eliminate solitary confinement, which is harmful to people. One of the members just said that prisons needed solitary confinement, and I do not believe that. Bill C-83 proposes to do away with solitary confinement and replace it with structured intervention units, so at least prisoners will always have some human contact with health care workers, guards or other people, as opposed to solitary confinement where there is no contact at all.

In my area, just a short way from my riding, there is Dorchester Penitentiary, the Westmorland Institution and the Shepody Healing Centre. These are three different institutions, with three different levels and approaches to rehabilitation and incarceration. I am hopeful the rehabilitative nature of these facilities will be enhanced and built on. That is the way we should go. I do not believe there is any point in putting people who have just made a mistake away, throwing away the key as some members have suggested here.

A 2017 report from Correctional Service Canada noted that Atlantic Canada had the highest rate of administrative segregation, or solitary confinement, in the country. In addition to that, we seem to segregate them for longer terms than their counterparts in other regions of the country.

Five percent of Atlantic Canada's inmates are in administrative segregation, which is five times higher than in Ontario. The same report also noted that Atlantic Canada accounted for more than one-third of all inmates who were in administrative segregation for more than 100 days. A hundred days in segregation is extremely unhealthy for anybody. It is perhaps cruel and unusual punishment.

I welcome Bill C-83 and the change to a structured intervention unit. This is a giant step forward. It will be better for rehabilitation, better for health and safer for prison guards, the other prisoners and the people who work beside them. I am glad we are moving forward on it.

Our government intends to invest heavily in mental health care within the correctional system, and I am talking exactly about that. I referred to the paper that said that isolation caused a feeling of entrapment, resulting in high suicides. This first nation community I mentioned had a high rate of suicide. After a road was built to it, the feeling of isolation was eliminated and suicides stopped. There were no suicides last year in this community. Prior to that there had been many. The indigenous peoples attributed it to the fact that they no longer have the feeling of isolation or entrapment, which is exactly what solitary confinement does.

Again, in the interest of mental health, we are moving in the right direction. This is a great move to follow through on, but I also support rehabilitative steps so people can re-enter society and play a productive role in it.

The prisoners I meet when I go to the prisons impress me. Most of them have just made a mistake. They are serving their time. They want to get back out. They want to play a role in the community and be productive citizens. The bill is all about that.

We know the administrative segregation rules need updating, and Bill C-83 would do just that. By replacing solitary confinement with structured intervention units, we are going to provide better avenues for our inmates to be productive citizens, finish their terms and come out better trained and be productive citizens.

I thank the House for letting me talk about Springhill. Again, this is the 60th anniversary of that horrible disaster on October 23, 1958. I wish all the people in Springhill, who I know are remembering this right now, well. I wish I were there with them.

[Eva Nassif, Liberal, Vimy, QC]

Madam Speaker, I thank my colleague for his impressive speech.

I sit on the Standing Committee on the Status of Women. We heard witnesses from the indigenous community. We noted that a large number of indigenous women who are victims of domestic violence are in prison.

Can my colleague explain how Bill C-83 will improve living conditions for women who are victims of domestic violence knowing that a great many of them are in prison?

[Bill Casey, Liberal, Cumberland—Colchester, NS]

Madam Speaker, again, I come back to my opening statement about how things connect, like Bill C-83 connects with my meeting today with the Canadian Association for Suicide Prevention and with my seatmate talking about indigenous efforts and isolation.

Bill C-83 would provide a different approach and eliminate solitary confinement. Solitary confinement is probably worse than anything indigenous women experience. Indigenous peoples in my area are family-oriented, have a strong family culture, work together and are very close. To be in solitary confinement or isolated completely would be extremely difficult for indigenous women. I cannot speak for them, but that is my observation based on my experience.

I have a really interesting indigenous population in my riding. I work very closely with the people. They are extremely good to work with and very helpful. They are interested in bettering themselves. They are perhaps the most industrious people in my riding. Hopefully this will improve the plight of indigenous women in prison.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank my colleague for his speech.

Although I do believe he has good intentions, I am still a little confused, so I am hoping he can clarify a few things for me.

The B.C. Supreme Court ruled that the indefinite nature of isolation is unconstitutional. While it has introduced Bill C-83 as a solution to the problem, the government is also appealing the ruling at the same time.

If solutions to this problem, which has been deemed unconstitutional, can be found in Bill C-83, why is the government appealing the ruling?

Are we supposed to believe that the introduction of structured intervention units is really going to address the concerns raised in the court ruling, when really all this does is reduce the number of hours spent in isolation from 22 or 23 to “just” 20 hours a day?