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

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

Mr. Speaker, I would like to start off this intervention by setting the situation we are faced with today.

Imagine a time when we call murder a “bad practice.” Imagine being at a point in time where we cannot use the word “illegal” for those who cross our borders illegally. It is now “irregular”. Imagine our government of day actually paying convicted terrorists $10.5 million for pain and suffering. Imagine a time when our government reaches out to a terrorist who, at one point, bragged about playing soccer with the heads of those he fought against, an ISIS terrorist, who bragged at one time about playing soccer with the heads of those they captured and decapitated.

I offer this because this is where are at, at this point. We see, time and time again, the government, our colleagues across the way, continuing to go on, “merrily, merrily, life is but a dream”. It goes down the way, all rainbows and sunshine. It is hug-a-thug.

Imagine a time when we are moving a convicted murderer, one who had been sentenced for society's most heinous crime of kidnapping and killing an eight-year-old, to a healing lodge part way through their sentence, not behind bars, but having a key to their own condo, if you will, free to come and go as they please within that area. Imagine a time when we always err on the side of the criminal rather than that of the victim.

Imagine a time when a convicted murderer can claim PTSD from the murder that he committed and receive treatment for PTSD before veterans and first responders.

That is where we are with Bill C-83. Before our colleagues across the way say, “The Conservatives are so against these body scans and different elements of this piece of legislation”, we are for providing the tools for our front-line workers every step of the way so that they can be safe. We are for providing victims and their families the rights and the tools so that they can remain whole, so that they are not revictimized at every step of the way.

Bill C-83 is about abolishing segregation. Oftentimes in the movies and in prison slang, segregation is referred to as “the hole”. Maybe that is how we got here. Maybe that is how this came to be. The Liberals, in the ways they dream things up, actually thought it was a hole we were putting people in. That is not true. It is a cell, no different than others.

As a matter of fact, somebody who spent a long period of time in segregation, one of our country's most notorious serial killers, Clifford Robert Olson still managed to take advantage of the situation. A reporter who visited him at one point remarked that he was healthy, that he even had a tan. Here is a guy who raped and murdered children in my province of British Columbia, and maybe even in other areas.

Segregation is not just for the safety of our front-line officers. It is also for the safety of those who are incarcerated. One of our colleagues mentioned that in interviewing somebody who has been incarcerated and spent a majority of their time in segregation that they preferred that, that they knew if they were out in general population that they probably would not last very long.

I actually would like to name some of the folks in our prison system who are housed in segregation and who the government is proposing to allow out of segregation, such as Paul Bernardo who has just been denied parole again. He is known to have lured young women, torturing, raping and murdering them with his then girlfriend, Karla Homolka. He actually murdered her own sister. Other inmates in segregation are Robert Pickton, who is a serial killer in my province of British Columbia, Renee Acoby, John Greene, Andrew Gulliver and Christopher Newhook.

Again, as I mentioned earlier, there is probably one of our most notorious serial killers, Clifford Robert Olson. I had an opportunity to speak with some of the arresting officers in his case and those persons who were charged with guarding him in his cell. He bragged incessantly and wanted to talk about those crimes. He was diabolical. He was sick.

Segregation provides a disciplinary administrative tool that both keeps those who are incarcerated protected, but also protects front-line workers. Is that not what we are here to do, protect society and those who have been charged with protecting society, keeping them safe both physically and mentally?

Through the course of my work in building Bill C-211 and then getting it passed in June of this year, I worked closely with correctional services. Very often, correctional guards and correctional officers are not seen as first responders, yet they perform those duties every day. They are seeing the worst of society at their very worst, while providing medical and life-saving treatment almost on a daily basis. They also have to guard those individuals and their safety is always at risk. Imagine being a guard in charge of a unit and there are 40 of society's worst criminals, yet that guard is alone.

The president of the union of Correctional Services of Canada recently said that in his centre in the course of the last 12 months there had been 100 violent incidents against his officers.

I have also learned that the government is approving a needle exchange program where the guards are to give the inmates needles and spoons to cook drugs and then go back to their cells, unbelievably. There is no onus on the prisoners; when they come up for parole, they are not required to report that they had been using in prison. Therefore, yes, we do agree that we should have full body scanners, not only for prisoners or their guests, but also for guards. I believe that would make everyone safe.

How unbelievable is it that we are now going to give needles and cooking spoons? I do not mean ladles for cooking soup, but cooking spoons for drugs, to use drugs, then allow them to go back to their cells and expect a guard to go into the cell to do some form of administrative management or security search, not knowing whether there is a needle there with some form of bodily fluid.

When the union heard about Bill C-83, it sent letters to the minister outlining its concerns. Union representatives were worried about segregation and emphasized to the minister the importance of this tool for correctional officers. They brought up their concern over the prison needle exchange and suggested rather than doing that, the minister focus on the resources to treat inmates with infectious diseases instead. They came at this in a reasonable way and offered solutions, yet they were not listened to. They were pooh-poohed. As a matter of fact, the minister thanked them for their time and then went forward in crafting this bill.

We are against the bill as a whole. We are not against certain elements of it. I would urge the government and the minister to reconsider Bill C-83.

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

Mr. Speaker, I do not think the Conservatives are surprising anyone when they say they are against the legislation. They have this Stephen Harper mentality, that Conservative spin, as if they are tough on crime and they are the only defenders of victims. Progressive legislation of this nature would prevent future victims.

Some countries around the world recognize that certain things can be done To allow for a better system, and we see that, whether it is indigenous concerns through some of the changes being proposed, or body cavity checks through technology or screening or different courses that will be provided, even for those in segregation.

Most people would acknowledge that Bill C-83 is progressive legislation. We need to move forward on this. The Conservatives want to stay in the past. They believe that by standing on the hilltop yelling “We're for victims”, they will get the votes. They should look at this legislation, as well as how the world is evolving, and recognize this.

When will the Conservatives look at what other jurisdictions are doing to move progressively on this file?

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

Mr. Speaker, let us talk about the past. Something came up over the course of this summer. Let us talk about turning our eyes toward the victim. When the Prime Minister was accused of a groping incident 18 years ago, he had a chance to apologize. I will take no lessons from the member across the way.

I asked time and again of that member and all of his colleagues whether they shared the same sentiment as the Prime Minister; that female victims of violence might sometimes experience that violence, that situation, differently than their male counterparts. I have asked that of them and not one of them have answered that. Not one of them stood up for those victims of violence.

The Prime Minister failed to apologize and our colleague across the way continues to stand up for him. That is shameful.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I thank my colleague for his speech.

In the speech I delivered earlier today, I was able to illustrate our concerns over the changes that are being made and the fact that administrative segregation is an abusive practice that has been overused.

I would like to focus on one aspect of my colleague's speech because he raised a very important point. Far too often, correctional officers are forgotten, for example when we look at the repercussions of PTSD on public safety officers. The committee tabled a unanimous report, and I know that the hon. member also made an effort to change this through his bill. I thank him and commend him.

Those are the positive things, and here comes the negative. I asked a number of my Conservative colleagues how we are supposed to ensure safety at the institutions when the Conservatives closed two penitentiaries when they were in power. What is more, their bill increased costs by $250 million in one year, and they made cuts of nearly $300 million between 2012 and 2015.

How do they reconcile the reality of the guards' safety with the reality of the cuts?

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

Mr. Speaker, I have the utmost respect for our hon. colleague across the way. In fact, I worked closely with him during the work on my Bill C-211. He knows I am passionate about ensuring that our part-time workers, our first responders get the help they need whenever they need it and for however long they need it, whether it be correctional officers, police officers, firefighters, dispatch officers, our veterans or our military personnel, those front-line workers who experience human tragedy every day.

I was not part of the previous government, but I will offer this. My hon. colleague should be focusing his attention across the way rather than on what was done in the past. Let us see how we can move forward and get the bill amended to include front-line officers.

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

Mr. Speaker, it is an honour to rise today to speak to this very important legislation.

I come from a part of the country that has six penitentiary facilities in the immediate areas. It used to be seven before the former Conservative government closed one of them.

People in my riding take great pride in the work that our correctional officers do. We regard the work they do in their role of rehabilitating and reintegrating inmates into society to be an extremely serious one. From the guards to the parole officers, from program staff to medical professionals, correctional employees work hard around the clock, in challenging environments, to keep our institutions safe and to support effective rehabilitation, which ultimately protects Canadian communities.

Correctional officers and workers represent a professional workforce of nearly 18,000 employees, all engaged in the success of the corrections system and the fulfillment of the mandate of Correctional Service of Canada. That is complemented by the nearly 6,000 volunteers in the institutions and in the community, not to mention the elders, chaplains and many other unsung heroes. When people who have broken the law return safely to society and to our communities, that is a testament to their work and it is essential to the safety of our communities. Our number one priority is the safety of Canadians.

This summer, I had the opportunity to go on a tour of the closed facility in the Kingston area, the former Kingston Penitentiary. We had an opportunity to hear from various former and retired correctional officers. Through that tour, I learned a great deal about their dedication to our justice system, but also the many dangers they faced in the safety aspects of their jobs. That is why I applaud the efforts of the government and I am supportive of correctional employees and the work they do in ensuring the federal correctional institutions provide a safe and secure environment for staff and inmates.

Within the secure environment, effective rehabilitative interventions reduce the risk of reoffending and help keep our communities safe. The goal is to have fewer repeat offenders, fewer victims and ultimately safer communities. That is why the mandate letters to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness include addressing gaps in service, particularly to vulnerable populations, including indigenous peoples and those with mental illness, throughout our criminal justice system.

The government has also demonstrated a commitment to rehabilitation through the reopening of prison farms, which I can attest is happening in my riding. Prison farms provide prisoners meaningful work at farms at the end of their sentences. Farms teach inmates skills in various agricultural fields, such as heavy machinery operation, food handling and dairy operation. Even if inmates do not go on to a career in agriculture, practical skills and certifications earned through farms will apply for future jobs. In fact, data demonstrated that prison farms increased the likelihood of employability once inmates were released.

The government has shown a commitment to improving our correctional system by making rehabilitation possible again and by enhancing the safety of prison workers. This is a new, bold approach to federal corrections. It will protect the safety of staff and those in their custody by allowing offenders to be separated as required, while ensuring those offenders receive more effective rehabilitative programming as well as interventions and mental health support.

Under this bill, the practice of administrative segregation will become a thing of the past. The corrections system will have a new tool to manage inmates who pose a safety risk in the form of structured intervention units, or SIUs. Inmates in SIUs will have at least four hours a day outside their cells, instead of the two hours under the current segregation system. They will have a minimum of two hours of meaningful interaction with other people, including staff, volunteers, elders, chaplains and other compatible inmates. They will have access to structured interventions to address the underlying behaviour that led to their placement in the SIU. These will include programs in mental health care tailored to their needs.

Offenders may be placed in an SIU when there are reasonable grounds to believe they pose a risk to the safety of any persons, including themselves, or the security of the institution. An inmate's assignment to the SIU would be subject to a robust internal review process. By the fifth working day after movement to an SIU, the warden would determine if the inmate should remain there, taking into account factors such as the inmate's correctional plan and medical condition.

I forgot to mention at the beginning of my speech, Mr. Speaker, that I will be splitting my time with the member for Toronto—Danforth.

If an inmate remains in the SIU, subsequent reviews would happen after 30 days by the warden and every 30 days thereafter by the commissioner of corrections. Reviews could also be triggered by a medical professional at any time. In fact, strengthening health care is a big part of the legislation. In an SIU, inmates would be visited by a registered health professional at least once a day.

Bill C-83 also affirms that the Correctional Service has the obligation to support health care professionals and their autonomy and clinical independence. The bill provides for patient advocacy services to help ensure offenders receive the health care they need. Clearly, an offender in good physical and mental health is more likely to achieve successful rehabilitation.

The bill represents a giant leap forward for our corrections system. The proposals are proactive and sensible, with public and institutional safety at their core. We should all want to ensure that federal correctional institutions provide a safe and secure environment, one that is conducive to inmate rehabilitation, staff safety and the protection of the public.

Eliminating administrative segregation and creating SIUs represents a landmark shift in our approach to corrections. I look forward to continuing to work with the government, with colleagues in the chamber, and the many people who work within the corrections system to continue advancing the objective of enhancing safety and security through effective interventions and treatment.

As I have said, nearly 18,000 corrections workers and 6,000 volunteers across the country do a remarkable job in what are often very difficult circumstances and harsh environments. They deserve to carry out their work in a safe and more secure environment and they deserve to be better supported in their goal of better correctional outcomes.

On all fronts, Bill C-83 would answer those calls. I call on all members of the House to join me in supporting the bill.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, we heard our colleague reference the importance of our correctional officers and the work they do, and I could not agree more.

Earlier today, on two occasions, I asked government members whether meaningful consultations had occurred with corrections officers. To this point, after a number of hours, we have no answer to that. I wonder if my colleague could answer this. Was meaningful consultation entered into with correctional officers? We need to ensure that they are on side and that their safety is not put in jeopardy because of the bill's implementation.

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

Mr. Speaker, there is always a certain degree of consultation that goes on in the preparation of a bill, but the bulk of the consultation comes through a bill going to a committee and a committee doing its work, talking to the stakeholders, reporting back to the House and then going through the same process in the Senate.

After hearing what has been coming from the other side of the House, it is quite clear that the Conservatives believe in a justice system that involves locking them up and throwing away the key. On this side of the House, we believe in rehabilitation and reintegration into society. We know that the majority of people who go into a prison will come out on the other end one day and return to society. We want to ensure they are ready to come back into our society and be productive members of our communities.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I want to ask my colleague the same question I asked the minister. The answers remain incomplete, non-existent in fact. It is the notion of oversight and recourse.

If we look at the corrections investigator, the Canadian Association of Elizabeth Fry Societies, the John Howard Society, Senator Kim Pate, who has worked in this field for a very long time and knows far more than any of us about some of these important issues, all those intervenors agree on one thing. They agree that the bill and the current system lack any kind of ability to have any kind of recourse in the event that abuse takes place in solitary confinement. We know that is the case when we see the disproportionate representation of vulnerable Canadians or when we see the number of suicides committed while in solitary confinement.

My question for my friend is this. Does he truly believe that the warden and the commissioner having the final say on whether solitary confinement should continue is really any kind of proper oversight to ensure that mental health issues are being properly protected and that inmates are being properly rehabilitated? He spoke of those principles, and I agree with him, but I do not feel the bill would do anything to address that. Before we hear that component, we are not actually getting rid of solitary confinement. This SIU thing is just a smokescreen.

Understanding that it is still the same reality, should we not have a more robust review and recourse process in place?

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

Mr. Speaker, I will start by saying that I am very familiar with the Elizabeth Fry Society and the John Howard Society. I visited them when I was mayor of Kingston, in addition to visiting many other facilities. I saw the tremendous work they do helping inmates to reintegrate into our communities.

We are seeing a stark difference, which we quite often see in the House. The Conservatives are telling us that we are doing way too much, and the NDP are telling us that we are just not doing enough. At the end of the day, it is important that we put the right measures in place to give inmates the support they need to be rehabilitated and reintegrated into society, but at the same time, we need to make sure we are protecting, and have the right safeguards in place for, the people who are taking care of them.

It is a balancing act. I am looking forward to seeing how this comes back from committee, where some of the suggestions the member made can come forward and possible amendments be made. The deliberative process that we go through in the House is to fish out exactly the kind of questions he is talking about.

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

Mr. Speaker, could my colleague expand on why it is important that we bring forward legislation of this nature? There is indeed a high recidivism rate and, as much as possible, we want to allow for successful reintegration into society.

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

Mr. Speaker, it is important because Liberals believe in reintegration and successful rehabilitation of inmates.

We believe that the vast majority of people who go into a facility can be properly rehabilitated and reintegrated into society. However, the most important thing is to give the necessary tools to those who are rehabilitating our inmates so they can be successful at the rehabilitative process.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

Resuming debate, the hon. member for Toronto—Danforth. I just want to point out that the hon. member will have time to give her discourse, but the questions will come when we resume after question period.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, I am proud to rise today in support of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. The bill represents a landmark shift in how we approach corrections in Canada. It would end the practice of segregation in all federal institutions. It would implement a new correctional intervention model that would ensure that offenders are held to account while creating an environment conducive to rehabilitation in the interests of everyone's safety.

This is the right thing to do and the safe thing to do. It would keep correctional staff and volunteers safe. It would keep inmates safe, and ultimately it will keep communities safe. An effective corrections system with appropriate and targeted interventions to deal with difficult, challenging or dangerous situations within a secure environment is in everyone's best interests.

The reality is that almost all offenders will return to the community. If we lock them up and throw away the key, we are not providing them with the tools they require to safely reintegrate back into society. That is why Bill C-83 would eliminate segregation and establish structured intervention units. These units would provide the necessary resources and expertise to address the safety risks of inmates in these challenging situations. They will be used to manage inmates who cannot be managed safely in the general population.

However, unlike segregation, inmates in SIUs will receive structured interventions and programming tailored to their specific needs to address behaviours that led to their SIU placement. They will have a minimum of four hours outside of their cell every day, double the current number of hours in the segregation system. They will have a minimum of two hours of meaningful human interaction every day, including through programs, interventions and services.

Currently in the segregation system, a full day can go by for an inmate with virtually no meaningful human interaction. Inmates in an SIU would also have daily visits from health care professionals, and because of the strong focus on intervention, inmates in an SIU would be able to continue their rehabilitative progress and work toward their correctional plan objectives. All of this would help to facilitate their safe return into the mainstream inmate population as soon as possible.

The result would be better correctional outcomes, a reduced rate of violent incidents and more safety and security for inmates, staff, volunteers, institutions and ultimately, the public. The bill is a significant step forward for the Canadian correctional system and builds on the good work already under way. The government has provided almost $80 million over five years through budget 2017 and 2018 to better address the mental health needs of inmates. That includes $20.4 million in the last budget specifically for incarcerated women. There was also about $120 million in budget 2017 to support restorative justice approaches through the indigenous justice program and to help indigenous offenders safely reintegrate and find jobs after they have served their sentences.

All of this is about making Canadian communities safer through effective rehabilitation in a secure correctional environment. This is the right policy direction, in line with recent calls for this kind of transformation.

Two constitutional challenges in Ontario and British Columbia found the legislation governing administrative segregation contrary to the Charter of Rights and Freedoms. There are also pending class actions and human rights complaints related to both the use of segregation and the inadequacy of mental health care. Of particular importance in this regard, the bill would also strengthen health care governance. The bill would provide that corrections has the obligation to support health care professionals in their autonomy and clinical independence. It would also create the legal framework for patient advocacy services to ensure that inmates receive appropriate medical care.

Importantly, the bill would enshrine in law the requirement for Correctional Service Canada to consider systemic and background factors in all decision-making related to indigenous offenders. Addressing gaps in service for indigenous people and people with mental illness in the criminal justice system is a mandate commitment for both the Minister of Public Safety and the Minister of Justice, and the government is following through.

I am a member of the Standing Committee on Public Safety and National Security, which finished a report last spring on indigenous people in the correctional system. During testimony for this report we heard from an individual by the name of Mr. Neal Freeland, who stated:

If you're native...If you're native in this country you know someone in your family is in prison. If you're native, That's a fact. If you're native, That's the reality of growing up in this country.

His testimony was very powerful.

Our committee recommended that the Correctional Service of Canada develop risk assessment tools that are more sensitive to indigenous reality and review its security classification assessment process.

In the government's response to this report, it confirmed that this recommendation was supported by a June 2018 decision of the Supreme Court of Canada in Ewert v. Canada that Correctional Service Canada must ensure that its use of tools with respect to indigenous offenders do not perpetuate discrimination or contribute to a disparity in correctional outcomes between indigenous and non-indigenous offenders. The Correctional Service of Canada will continue its work, informed by this decision, to ensure that it applies the assessment tool in a culturally responsible way for indigenous offenders.

The budget contribution, along with the work by the Minister of Public Safety, who is responsible for the Correctional Service of Canada, and the Minister of Justice, is complemented by additional measures in the bill, including enshrining in law the requirement for CSC to consider systemic and background factors in all decision-making related to indigenous offenders.

On another note, at committee, I also worked on a report called the “Use of Ion Mobility Spectrometers by Correctional Service Canada”. The committee agreed to undertake a study of “the alarming rate of false positive results from ion mobility spectrometers with a view to finding more effective ways of preventing drugs from entering prisons, while encouraging the effective rehabilitation of prisoners.” In this regard, Anne Cattral from Mothers Offering Mutual Support told the committee:

There is now a clear disconnect between CSC policy, which recognizes the importance of building and maintaining family ties and community support for prisoners, and the continued reliance on an unreliable tool that fails to keep drugs out of prisons but does a very good job of deterring families from visiting... The effects on children of being denied a visit to a parent are also deeply distressing; this happened to my own grandson.

The bill would authorize the use of body scanners on people entering correctional institutions. A body scanner is similar to what is used by security personnel at airports. Body scanners provide a less invasive alternative to strip or body cavity searches and eliminate the issues with false positives that I heard about.

The bill would also better support the role of victims in the criminal justice system by allowing them enhanced access to audio recordings of parole hearings. That would be a vast improvement over the old system.

As I stated, this is about safety. It is about focused intervention to better serve the needs of vulnerable inmates. We need to improve the safety of our inmates, our corrections staff, our institutions and our communities. This bill would transform Canada's correctional system to meet those goals.

I am proud to stand behind this bill, and I encourage all members to join me in supporting this historic proposed legislation.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The hon. member for Toronto—Danforth will have have five minutes of questions coming to her when we resume.