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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 17, 2019 Passed Time allocation for Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act
March 18, 2019 Passed 3rd reading and adoption of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act
Feb. 26, 2019 Passed Concurrence at report stage of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act
Feb. 26, 2019 Passed Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act (report stage amendment)
Feb. 26, 2019 Passed Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act (report stage amendment)
Feb. 26, 2019 Failed Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act (report stage amendment)
Oct. 23, 2018 Passed 2nd reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act
Oct. 23, 2018 Failed 2nd reading of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act (reasoned amendment)
Oct. 23, 2018 Passed Time allocation for Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 12:55 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, one of the biggest concerns about Bill C-83 has been identified by many. The correctional investigator, the John Howard Society and the Canadian Association of Elizabeth Fry Societies have all identified one core piece that goes back to a recommendation made by Justice Arbour a number of years ago relating specifically to her recommendation that dealt with judicial oversight. Really, at this point, we are talking about any kind of oversight at all.

In the bill as it stands currently, notwithstanding any ability of the commissioner or the warden to continue to examine a person's presence in what essentially is still solitary confinement under a different name, even with the recommendation of health care professionals, the ultimate decision would still lie with them. There would still be a lack of third-party investigation. There would still be a lack of independent oversight and recourse in the event that the abuses we have seen take place in the past occurred again under this new system.

As I asked the minister, would the government reconsider and go forth in a direction that complies more strongly, or at all, with the B.C. Supreme Court decision and with recommendations that have been made by many experts throughout civil society?

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 12:55 p.m.
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Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Karen McCrimmon

Mr. Speaker, there is a slight difference of opinion. When some of those rulings were put forward, they were addressing administrative segregation. Administrative segregation does not allow for rehabilitative activities to happen. It does not allow visitors. It does not allow a visit from a health care professional or a mental health care professional or access to other rehabilitative programs. This would really be a transformational change, because when these offenders were in a structured intervention unit, they would have access to this kind of programming that under administrative segregation they do not.

In the past, there was a suggestion to have a cap on the number of days, or whatever was appropriate. We are saying that the decision would be reviewed at least three times by three different people about an extended stay in a structured intervention unit. We feel that the review is there and that the changes from administrative segregation to a structured intervention unit actually would provide significant benefits toward an offender's rehabilitation.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 12:55 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, a pilot project was recently announced that indicated there would be a needle exchange program available in certain prisons across Canada. One of those prisons is in my area, in the Waterloo region. It is the Grand Valley Institution for Women.

We know the correctional officers at these facilities are very much opposed to the idea of a needle exchange program, and that they were basically not consulted on having the program implemented. Now that we have the body scan and a zero drug policy in prisons, will the Liberals finally discontinue their misguided needle exchange program?

Also, I would like the member to tell me if the Union of Canadian Correctional Officers was consulted on Bill C-83 as it relates to the safety of our correctional officers, who serve Canada so well in the work they do.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Karen McCrimmon

Mr. Speaker, I agree with the member. The work correctional officers do is something that is probably underappreciated by a great number of Canadians. They work very hard, and their days are very demanding.

When we talk about issues like needle exchange we are trying to look at things based on harm reduction, on safety and on the evidence we have seen. This is an issue that will require more discussion in order for people to feel comfortable with the decisions being made.

However, when we are basing the decisions on science, on evidence and on the overall safety of institutions, we think it is the right way forward.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, if offenders walk into our prison system with a bachelor of offences and walk out with a Ph.D. of offences, then our prison system has failed them.

We know that administrative segregation has caused deaths in our prison system. Of course, we are talking about the case of Ms. Ashley Smith. I would like the parliamentary secretary to explain the key differences between administrative segregation and the SIU system we are proposing.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Karen McCrimmon

Mr. Speaker, the hon. member has identified the crux of the matter. This is transformational change away from administrative segregation, where offenders were in their cells for 22 hours a day, with no access to programming, to visitors or to mental health treatment.

We know that 70% of the inmates in our institutions today suffer from some kind of mental illness. We feel that if we do not address these mental health concerns before inmates are released back into society, their chances of successfully rehabilitating back into society will be much diminished.

That is why we made this transformational change toward a structured intervention unit, where people still have access to the rehabilitative training that will give them the best chance for a better future.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, my question will be very short and the answer could be even shorter. Has the government consulted our correctional officers on the implementation of the bill as it relates to their safety?

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, Lib.

Karen McCrimmon

Mr. Speaker, all I can say to answer that is I have not been part of that process, but I can get back to the member with an answer to his question.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I will be sharing my time today with my remarkable colleague from Cariboo—Prince George. I use the word “remarkable” because the word “incredible” has been overused for him recently.

I am proud to speak today to Bill C-83, which amends the Corrections and Conditional Release Act and another act. This is also known as another case of Liberals putting interests of criminals ahead of everyone else, with little thought put into it. It should not be confused with Liberal Bill C-71, or Bill C-75, or Bill C-28, or any other myriad number of bills in which they have put criminal rights ahead of those of regular citizens.

We all know the horrific story of the case of Ashley Smith and her unfortunate death. That never should have happened within our prison system, and the government should make moves to prevent situations like that from recurring. However, it should not impose a poorly thought-out, outright ban on segregation.

There are some good parts to the bill and I congratulate the government on it. I support the idea of body scans to prevent contraband and drugs coming into prisons, but it should be extended to everyone entering the prison, not just certain people. I also like that it gives more consideration to indigenous offenders.

But, and it is a big but, there are a few key points in the bill that would directly impact the safety and security of our corrections officers and those who need segregation for their own safety. This is another example of the government's obsession with making criminals' lives easier while making our front-line officers' jobs more dangerous.

I want to talk about the reality of the most common use of segregation. Inmates who commit crimes in prison do not always get the segregation. Very often, it is the victims who are segregated to protect them from those inmates. It is often used as a means of ensuring the safety of the targeted inmate from further assault, often because the target does not want to name the inmate who assaulted them. This means the assaults continue and the inmate who went into a segregation unit has to eventually reintegrate somewhere else in another unit or institution, or even in another region in the country.

It is relatively uncommon that segregation is ordered as a disciplinary sanction. In fact, most inmates view segregation time as a holiday rather than a consequence, especially since they must receive all their possessions, such as a television and their other belongings on their property card, within 24 hours of admission.

A report from CBC that came out last April quoted the Ontario Public Service Employees Union as saying that segregation isn't the deterrent it once was, because the maximum time inmates can spend in segregation has been halved and increased privileges for those in segregation mean that inmates are no longer as skittish about being sent there. It also confirmed that in fact there are not enough segregation units, at least in Ontario, because most are being used by inmates who have mental health issues.

That is the provincial system, but it correlates to the federal system as well. It leaves violent inmates out in the general population, where they can continue to commit assaults against other inmates and corrections officers themselves.

Another CBC report quotes an officer as saying, “Where [the more violent inmates] used to be in separate containers, now they're all in one bag, and we're just waiting for one to go off. And that sets the rest of them off and you end up with murders, stabbings, slashing, and officer injuries higher than ever.”

Another officer is quoted as saying, “The inmates, they can get away with a lot more than they used to in the past, and that contributes to the growing violence and the crisis in corrections.”

As I mentioned, with previous changes to segregation policies the maximum time in segregation has already been cut in half. Also, the increase in privileges available to those in segregation means it is not as strong a deterrent as it used to be. All removing segregation does, especially disciplinary segregation, is soften reprisals for bad behaviour. Inmates know there is one less tool for correctional officers to use to maintain order and ensure their own safety and that of other inmates.

A CBC report from September 2017 indicated that the stricter limits on segregation have led to a massive upswing in inmate assaults. Between 2012 and 2017, the number of violent repeat offences after leaving segregation increased 50%.

Statistics released recently for corrections in Ontario show close to 800 reported incidents in 2016. By halfway through 2017, the last time we had the numbers available, there were almost as many violent incidents in our prisons. The report quotes Jason Godin, president of the Union of Canadian Correctional Officers, who pointed out that segregation is a tool for a reason and that restrictive policies only transfer the problem of violence.

The creation and integration of structured intervention units makes violent and non-violent inmates equal, regardless of the quality of their conduct while they serve their time. They get access to four hours per day outside their cells from the structured units, and they also get two hours of “significant human contact”. This is going to require significant increases in resources for the officers, but there is no money set aside for this.

Now, every time someone is moved into segregation, or out of segregation for their two hours out in the open, it requires two officers to accompany them. That is for the safety of the officers, to ensure they always have enough manpower to protect themselves. Where is this money going to come from?

If we look at the government's departmental plan signed by the Minister of Public Safety, allowing for inflation it is actually cutting 8.8% of the funding to Correctional Service Canada over the next four years. Where is this money coming from?

I am sure the minister did not even look at the plan before he signed off on it, and I am sure my colleagues across the way have not read the plan either. It actually calls for a reduction in officers in Correctional Service Canada over the next years, but it is going to increase the workload and the costs of these units with what money? We do not know.

The officers themselves are left with one less tool that allows them to deter assaults and violence from taking place in the cellblocks. Corrections officers already face a host of challenges. Even though it is their choice to work in these jobs, keep in mind that these men and women are still in a prison themselves. They are subjected to the same environment that the inmates are.

Statistics from a 2018 report prepared for the Union of Canadian Correctional Officers show that between 60% and 65% of correctional officers report their work has a negative impact on their life away from work. A substantial proportion of correctional officers, about 75%, report that the psychological demands of their job have increased in the last five years. Nearly 55% of long-serving officers report that their physical ability to properly do their work is worse or much worse in the last few years. The report summarizes:

[T]here is a particularly poor fit between interest in work and the psychological and mental disposition of [the] officers...on the one hand, and the environment and working conditions set out and maintained by CSC, on the other. Such a poor fit cannot go on forever, nor be ignored, other than to the detriment of both the correctional officers...as well as public interest as embodied in CSC's mandate and social mission.

I want to look at an another area where the government has failed our corrections officers. They are one of the main victims of the Liberal Phoenix fiasco. Roughly 85% of corrections officers across the country have been affected by Phoenix. This is because many of them are shift workers with irregular schedules that require manual entry into the system, something the government could have prevented had it not botched the entire rollout.

In fact, the Treasury Board was specifically told this was a failure in the Phoenix system when it was doing the pre-testing, yet the government chose to ignore it, just like the President of the Treasury Board ignored the Gartner report when it advised not to proceed with Phoenix.

I find it very amusing that the President of the Treasury Board justifies his meddling in the Davie supply ship contract on behalf of Irving as part of his job, but apparently it was not part of his job to act on the Gartner report on Phoenix, which, by the way, he commissioned himself.

The UCCO president has already called for help for its members because, like many public servants, they are renegotiating their mortgages and taking out loans to ensure they can keep a roof over their heads because of the pay problems. Unfortunately, we do not see an end in sight for those suffering from the Phoenix pay problems.

I want to talk about the government's priorities. I mentioned before that its priorities seems to be on criminals, not on average Canadians. Page 210 of last year's budget proposes $21.4 million for the mental health needs of RCMP officers and the same amount for the mental health needs of federal inmates. There are a lot more RCMP officers than there are inmates. For the average RCMP officer, the people putting their lives on the line every day and fighting for us, we have from the government $1,100 per officer for mental health. For prisoners, it is $1,400. Where is the justice?

Of 1,400 words in the CSC's much-ballyhooed mandate letter, the first time a corrections services lead has had a mandate letter, there were 24 words on victims and 52 on the workers. Those 52 words on the workers included such gems as, “I encourage you to instill within CSC a culture of ongoing self-reflection.”

There are the government's priorities in a nutshell: more money for criminals, less for the RCMP and for our valued officers in the prisons. Perhaps it is time for self-reflection on the issue.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:10 p.m.
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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I have heard the Leader of the Opposition say that he would have negotiated a better deal, but that same member could not even negotiate with his own caucus member, which resulted in the People's Party of Canada, so welcome to that.

Getting back to the facts, is the member opposed to body scanners in prison? Is that what I am hearing? He is opposed to body scanners in prison and is going to vote against this bill to make more equipment available for our prison officers. Is that what I am hearing on the other side?

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:10 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I serve with this member on committee. We generally get along. However, that is a silly question. Twice now he has sat in this House and listened to members on this side of the House say that they agree with the idea of body scanners. In fact, I sat here and congratulated the idea of body scanners, yet this gentlemen stands and asks why I am against body scanners. It is very clear he is not paying attention, just like the current government is not paying attention to the needs of our officers in the correctional services industry.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:10 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, on this side of the House I am glad there is someone who is standing up on the side of victims, because clearly the other side is more concerned about the criminals than they are about the victims.

Previously today, on two occasions, I asked members of the governing party whether or not they had consulted with the corrections officers with respect to the implementation of this bill. The first time I received no answer. The second time I received an answer from the parliamentary secretary, no less, who said she was not sure. That concerns me. If the parliamentary secretary is not aware as to whether or not negotiations, or consultations at least, went on with the corrections officers' union, that is a huge concern.

I have a quote from the president of the Union of Canadian Correctional Officers, who said, “At...[the Regional Psychiatric Centre] we...had...100 assaults on staff in 12 months.” It is very troubling to me that our corrections officers are put in that kind of a situation where 100 assaults per year occur.

Does my colleague really believe that this idea of not allowing segregation will make our correctional officers more or less safe?

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:15 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, we have spoken to several correctional officers. Unfortunately, they do not want to come forward because they are afraid. That is one more reason why the current government should update the whistleblower act, as we have asked. The correctional officers made it clear that the statistics show that segregation is a tool that can be used. It is very clear that it had been used incorrectly in a couple of cases, and those cases should be addressed. However, our focus has to be on the protection of our CSC officers. They are under siege. They are having mental health issues. Nothing in this bill addresses them, but addresses the health and well-being of the prisoners. The mandate from the government continues to tell the head of the CSC to focus on the health and welfare of the prisoners, but not the officers themselves who are there protecting average Canadians. This bill has a couple of good things, but goes nowhere close to addressing the real issues we are facing today.

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:15 p.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I commend my friend from Edmonton West for his speech. I can truthfully say that I listen to every word of all of his speeches as they are so well done and well researched. He cites facts and figures. He is a very credible member of Parliament.

I am going to take a bit of a different approach here. I would like to ask my friend from Edmonton West what it is about the Liberal DNA that always blames the victims and never assigns personal responsibilities to the criminals themselves. To the Liberals, people are criminals because it is society's fault, it is how they were brought up or it is who they are. They never assign personal responsibility. We Conservatives believe in personal responsibility and accountability for one's actions. Can my friend from Edmonton West explain this Liberal mindset?

Corrections and Conditional Release ActGovernment Orders

October 18th, 2018 / 1:15 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I wish I could explain the Liberal mindset. Experts have tried and they cannot figure it out. However, I will comment on the Liberals' focus, the wrong focus.

I have the Correctional Service Canada department plan. It lists about 40 or 50 priorities. Not one single priority of the current government lists any safety issues for our corrections services officers. There is not one to protect them. However, there are 50 or so to improve the lives of inmates. That is wrong.