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.

Motions in amendment

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, I would like to thank the hon. member for his commitment to making improvements in this area, especially in corrections.

I attended a stakeholder meeting and I heard concerns about whether there would be enough resources to make the changes that were required in so many different prisons. The experts from the correctional services said that they would be implemented incrementally and that they were committed to ensuring that the individual facilities would have the resources they needed to implement this safely.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I thank the hon. member down the way for bringing up the improvements that we are looking at in our correctional facilities. It is in contrast to previous governments wanting to build large jails and locking everybody up versus investing in the system and the people operating within our correctional services.

We are investing over $300 million over six years on infrastructure and personnel improvements and $150 million on mental health care for inmates and the people working within the facilities.

Could the hon. member talk about the strategic purpose of investing in this way to improve our system versus building bigger jails and locking everybody up?

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, we want effective rehabilitation. We want a system in which offenders are held to account for whatever their actions are, but are put into a system that will help them address any issues that may have led to their behaviour. Whether it is abject poverty, substance abuse or mental health issues, we want a system that helps them come out of the correctional system ready to play a role in society.

We believe we can reduce the reoffend rate by ensuring the inmates we are in charge of have the opportunity to create a better life so they do not feel they need to go back to the criminal world in order to survive. We want safer communities, and this is a major part of that.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I hear the parliamentary secretary when she speaks to the importance of caring for those with mental health issues.

That is something I have come to understand through decades of work with troubled youth. That kind of support requires resources, however, and the witnesses that appeared before the committee clearly spoke of a lack of resources. To support these people with mental health problems, saying it is important is not enough. The necessary resources need to be there.

I would like to hear what she thinks about the resources the government is prepared to put in place to achieve the objectives she has set for us.

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, in the fall economic update, it was $448 million over the next six years. That includes $300 million specifically for the SIUs, in addition to $150 million to strengthen mental health care within the SIUs and the corrections system. That is almost $80 million in the last two budgets for mental health care in the corrections system.

We know this needs to get done, and we are making the investments necessary.

[The Assistant Deputy Speaker, Anthony Rota]

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for South Okanagan—West Kootenay, The Environment; the hon. member for Souris—Moose Mountain, Carbon Pricing; the hon. member for Regina—Lewvan, Transportation.

Resuming debate, the hon. member for Yellowhead.

[Jim Eglinski, Conservative, Yellowhead, AB]

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.

A lot of people do not realize that on any given day in Canada we have roughly 40,000 plus prisoners in custody. They are in eight maximum-security facilities, 19 medium-security facilities, 15 minimum and 10 multidisciplinary type facilities. We have 18,000 Canadian government employees looking after these prisoners, of which 10,000 are on the front line. They are either correctional officers, parole officers or health care workers.

I want to personally thank them here today for the service they do in our correctional services from coast to coast to coast. I have a facility in my community, as does the gentleman beside me. We know the problems they go through on a day-to-day basis and the great service they give our country.

This was and is a bad bill. Even worse, this is ill-thought-out legislation. It is a lot worse than the cannabis bill. Simply, Bill C-83 was a knee-jerk reaction to two Supreme Court rulings in February of 2018, regarding the clarity on indefinite solitary confinement. Bill C-83 does not correct this; it just rewords it and disguises it in flowery words.

No longer is it called solitary confinement. It has been renamed “structural intervention unit”. It sounds nice. The heads of the institutions will be allowed to designate any area of a jail to be that. Why do we need that? Structural intervention units are needed for unmanageable prisoners and those who are dangerous to staff, inmates or themselves. Perhaps they are being held for an investigation. Perhaps it is an attempted murder within the facility and he or she has to be segregated. There is a need, and there are reasons why people are held in these types of lock-ups in these facilities.

A 19-year prisoner appeared before the public safety committee. He was pretty intimidating when he first came in there, but the man talked with a lot of sense. He was originally sentenced for 14 years, but he was so bad he got an additional five years, of which a lot was in solitary confinement. He said that they were a must, that we should not get rid of them. Many more witnesses came before the public safety committee, even the Minister of Public Safety.

Again, I am going to say this is a bad bill. Every group of witnesses or individuals who appeared said that it was a bad bill. These are not my words. It was the witnesses who said that, except for the minister and his ministerial staff who said that it was such a great bill. How many amendments were read by the Speaker today?

The Elizabeth Fry Society said it was a bad bill. It said that structural intervention units were not needed, that it failed to focus on the programs and that there was lack of oversight. It is concerned about section 81, due to the workings of indigenous governing bodies.

The John Howard Society calls it a bad bill. It wanted to know what was the difference between solitary confinement and structural intervention. It said there was no difference, that the bill changed the words, but it did little to change anything.

Those are their words, not mine.

Increasing two hours outside the prison cells to four hours does little to help the prisons. There is a lack of infrastructure, physical and human resources. The bill does not address the need.

I will go back to the 19-year prisoner. He admitted to being a bad boy. He spent a very long time in solitary confinement. He said that he needed to be there, as he was dangerous. He felt these units were needed to protect guards, prisoners and even people like himself. However, he stated that prisoners must be helped with programs, counselling, etc., and that this was not happening within the institution. What he really stressed was that there was no one looking after the prisoners once they were released. They are just dumped out into society. He said that continued help needed to be there to rehabilitate the prisoners.

The British Columbia Civil Liberties Association says that it is a bad bill and it cannot support it. It said the bill lacks external oversight, lacks programs that are needed to assist prisoners to reform, and lacks sufficient resources and manpower for social and educational needs, health professionals, etc.

The Native Women's Association of Canada says it is a bad bill. The association was not consulted. It says the bill does not address traditions, protocol, or cultural practices, and does not clarify indigenous communities.

The Union of Canadian Correctional Officers also says it is a bad bill, that it is not feasible and leaves prisoners and guards vulnerable. That is where my concern is, with prisoners and guards, especially the guards, being vulnerable.

The Canadian Civil Liberties Association says it is a bad bill. It says it is not a meaningful reform and should be repealed. It said there was no consultation, and we have heard that many times here.

Aboriginal Legal Services says it is a bad bill, and that there is a big gap between the rhetoric and reality.

When we were gathering evidence on some of the costs related to prisoners, the member for Medicine Hat—Cardston—Warner, who is also on committee with me, was told by a witness that the cost of keeping a female prisoner in a structured living condition was $533,000 a year. He was shocked. Then he was told that the cost for males in structured living conditions was between $300,000 and $600,000 a year.

When he heard that, he asked me for an aspirin. I did not have one; I just told him he would have to cope.

I am just about done. The Parliamentary Budget Officer said in the 2016-17 report that the cost of an average prisoner is $314 a day or $115,000 a year. If a prisoner is segregated, the average cost is $463,000 plus per year. That is $1,260 a day to keep a person in segregation.

Bill C-83 will cost way more than the Liberals are talking about. When the member for Medicine Hat—Cardston—Warner asked the Minister of Public Safety and Emergency Preparedness what the cost would be to implement this bill, the minister replied that he had no idea. He said he had no clue, but we should trust the Liberals because they would work it out. He wanted us to just pass the bill as it was.

I have heard from a number of speakers opposite today that $400-some million is being thrown at this program to make structural modifications at our prisons and to improve the health care facilities, but I have not heard anyone from across this great room say there was any money going to hire additional staff, or to improve staff resources or staff training. Nothing. There was nothing that came from the parliamentary secretary; nothing came from anybody.

We heard the Liberals were going to fix the buildings, but I have talked to a number of the prisons around Alberta, and they have not even been asked about what needs to be done. The guards and unions have not been spoken to.

We are supposed to trust the Liberals. I think they said they are putting $448 million into this, but what about increasing staff? We know it is going to cost more to do it. We know it is going to cost more in manpower to operate these new units, especially if we are going to move them around to different spots in the prisons.

There is nothing in the Liberal plan or budget to account for that.

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

Mr. Speaker, when I used to be the health care critic in the province of Manitoba, and members will see the link here, it was a fairly significant budget. What happened was the government would often make a decision in terms of what direction a hospital facility would take. The hard numbers were not necessarily known.

One of the reasons those hard numbers may not always be known is that we have a great reliance on our civil servants. A lot of that is the shuffling around effect, where maybe one cost factor will decrease because of a change, yet another cost factor will increase because of that change. It is very difficult, at the best of times, to give the type of numbers the member across the way is proposing.

Generally speaking, and I emphasize that, it is an envelope of money that is assigned. Through that, there will be some changes. Ultimately it will be determined whether or not there is a need for an increase.

Would the member provide his thoughts about what I am saying, and apply the same basic principle for other divisions of government?

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, it all boils down to consultation. Every witness other than the minister and his staff said there was no external consultation. We cannot be expected to know what it is going to cost to renovate the institution in my area unless we talk to people on the ground.

We can even look at this building. I do not know if it is the same on the other side of the House, but on this side there is a closet where I can hang my coat. On either side of that closet, there are three feet in which I cannot put anything because I cannot get to it.

Consulting and working with people on the ground makes a big difference. I still have not heard anything mentioned by anyone on the other side about any money going for labour resources or training or education, which is what they are asking for. They are begging for that.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, many cases of inmates who are placed into segregation are related to mental health. Do Conservatives believe that segregation is the way to treat these individuals instead of mental health programming that may help to address the root cause of their behaviour? Does he believe this despite the overwhelming evidence that segregation will likely cause further damage to the mental health of an inmate?

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, the member is absolutely right. Is segregation going to help them? No. We need to look at this medically. We need to look at training our staff members to understand what the inmates are going through. They need to know. To put an inmate into a locked cell and let the guy walk an eight-by-eleven foot cell all day long does not help his mentality. He needs to be taken to a medical facility, or we need to have fully trained medical people on site. We do not have that at the present time.

No, it will not help them. We need to address their concerns.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, my colleague hit on a few topics.

One thing I find very concerning is the safety aspect for the prison guards. The reality is that they were not properly consulted, and they have told me that over and over again.

There are lots of things in Bill C-83 that sound good on paper but would not be practical in practice.

Many examples were given about whether the guards feel they are more at risk now than before because of Bill C-83, and there are no resources to offset that risk.

The committee talked to different people, and I am just curious as to how extensive the consultations were. What was the guards' reaction to Bill C-83 when the member and the committee talked to them?

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, based on my conversations with prison guards who work in my area and in other parts of Alberta, they were not consulted. They are frustrated, because they want to have the tools to provide a great service for this country and for the prisoners they are looking after.

The guards are concerned about their own safety and about the safety of the prisoners. They are concerned about their health care, but they are not getting enough training. I talked to a young guard who said he was there two weeks and was put on the segregation unit because it was short-staffed. He said he was very uncomfortable, and I think he was right to be.

We need resources to help train these people if we are going to add a whole new set of burdens to the prison reform system.

[Majid Jowhari, Liberal, Richmond Hill, ON]

Mr. Speaker, I am pleased to have this opportunity to rise at the report stage of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. This bill has been extensively debated and scrutinized since its introduction. I have been watching with great interest as it proceeded through the House and the committee.

At the outset, I would like to thank all hon. colleagues, witnesses and members who shared their thoughts and offered constructive suggestions throughout the process, both in the chamber and at committee. As a legislator, the debate gave me and the House as a whole much to think about, and resulted in a stronger and more comprehensive bill.

Bill C-83 proposes the elimination of segregation and the creation of innovative new structured intervention units, or SIUs, for offenders who must be separated from their fellow inmates for safety and security reasons. SIUs would allow offenders who pose particularly difficult challenges to be separated from the mainstream inmate population when and if required. However, they would continue to receive the programming, intervention and health care that are essential to their rehabilitation.

Segregation is an immoral and ineffective practice. It does not deliver the results we are looking for in our correctional system, for our prisoners or for our correctional officers. As a member, I considered incorporating similar principles in my private member's legislation, Bill C-375, which would similarly legislate the nexus between mental health and our judicial system. However, as we saw with measures previously proposed in Bill C-56, the transformation of our penitentiaries is a profound undertaking that would require measures far beyond those made possible through private members' legislation.

Bill C-83 had a series of amendments adopted during its time in committee. In fact, every party that put forward amendments had at least one amendment ultimately adopted. Specifically, I will use my time to home in on amendments that strengthen the capacity of Bill C-83 to improve the mental well-being of prisoners. I will specifically address five areas that piqued my interest.

First, when Bill C-83 passed at second reading, it had, in principle, legislation that would guarantee inmates held within SIUs four hours outside of their cells. One of the proposed amendments to the bill specified that those hours be between 7 a.m. and 10 p.m. Those are normal waking hours for most people. This responds to the concerns raised in committee that time out of cells could be offered, say, in the middle of the night, when inmates would be unlikely to avail themselves of them.

The CMHA has connected lack of daylight to dips in mood and depression. There is also research that shows maintaining a regular sleep cycle, connected to the natural ebb and flow of the day, is important for maintaining mental health. This amendment would ensure that the four hours of time outside SIUs are not outside of the bounds of the natural day. It would prevent officials from providing these hours as an obligatory or dismissive exercise and ensure that they serve their intended purpose.

Second, human beings are built to seek out interaction with others, particularly in times of stress. Isolation can reduce cognition and even compromise the immune system. Extensive time in an unchanging environment can alter the way we process external stimuli. It can literally warp the way we experience the world around us. This is why Bill C-83 includes provisions that would guarantee inmates the opportunity for two hours of meaningful human contact each and every day.

Thanks to amendments put forward in the committee, this principle has been strengthened practically. By looking to ensure that this interaction is not hindered by physical barriers such as bars or security glass, the proposed amendment would ensure that those two hours are not just perfunctory but meaningful human contact.

Third, socializing with peers and participating in rehabilitative programming outside their cells would also go a long way toward improving the mental health and well-being of inmates in an SIU. It would put them on the right track to reintegrating into the mainstream inmate population. Beyond that, it would help their chances of successfully reintegrating into society as law-abiding members of society at the end of their sentences.

Fourth, the proposed reforms in Bill C-83 would also strengthen health care, including mental health services, in corrections in several ways. It would mandate the Correctional Service to support the autonomy and clinical independence of health care professionals working within a correctional facility. As well, it would allow for the use of patient advocates, as was recommended by the inquiry into the death of Ashley Smith.

Within SIUs, inmates would receive daily visits from health care professionals, who could recommend at any time that an inmate's conditions of confinement be altered or that they be transferred out of the SIU. These recommendations could stem from a professional mental health assessment. In turn, these recommendations could pre-empt mental health crises or imminent self-harm.

Fifth, an amendment adopted at committee would strengthen this aspect of the bill by requiring an additional review at a more senior level external to the institution if the warden does not accept medical recommendations.

It is difficult to overestimate the importance of these measures. Mental health is an extremely serious problem in our prisons. Some 70% of male offenders have a mental health issue. At 80%, the percentage is even higher for women offenders. The ministers of public safety and justice have been mandated to address gaps in services to people with mental illnesses in the criminal justice system. The proposed reforms in Bill C-83 support that commitment.

They also build on recent investments in this area. The last two budgets included nearly $80 million for mental health care in corrections, and more recently, in the fall economic statement the Minister of Finance announced substantial funding of $448 million for corrections. This funding will help support the transformational changes to the correctional system proposed in this bill, and it will allow for comprehensive improvements to mental health care in corrections within SIUs and across the board.

It also directly addresses calls for increased resources made at committee by Jason Godin, the national president of the Union of Canadian Correctional Officers, and by Stanley Stapleton, the national president of the Union of Safety and Justice Employees.

In other words, should this bill pass into law, the appropriate resources will be in place to ensure it successfully fulfills its objectives. I know this was a concern raised at committee, and it was also raised during this debate. I am reassured there is already an effort on behalf of the government to allocate appropriate resources.

In conclusion, the number one objective of this bill is safety. Correctional staff and other inmates need to be protected from certain offenders who cannot be safely managed in the mainstream population. By ensuring inmates separated from the mainstream population get the interventions they need to increase their chances of successful rehabilitation, the bill would lead to greater safety inside correctional institutions, and greater safety in our communities when those inmates are eventually released.

We started this process with a very good bill. What we have before us today is an even stronger version of the legislation, bolstered by the productive contributions of witnesses at committee and the serious work of committee members.

In closing, I fully support Bill C-83 and I urge all hon. members to do the same thing.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, my colleague talked about the four hours the prisoners now get out of solitary confinement, when they have two hours to mingle with other prisoners. When I toured the Prince Albert penitentiary, one of the concerns the guards had was about all the different gangs inside that prison and how they have to manage all these different populations in order to keep everybody safe. If they do not have the resources to manage this scenario, two different gang members could possibly be out together, beat up on each other and force the guards to be in an unsafe situation.

This is another example of something that sounds good on paper and needs to be thought about, but there have been no resources given to the guards to prevent a situation like this from erupting. What does he suggest the guards do to prevent this type of violence from happening? It is going to happen unless there are more solutions given to the guards to prevent it.