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.

Extension of Sitting Hours

[Bardish Chagger, Liberal, Waterloo, ON]

Mr. Speaker, I thank the member for Whitby for that question, especially when it comes to actually dealing with pieces of legislation that are going to impact people's lives for the better.

I would like to assure the member that I will use every tool necessary to ensure that we advance this legislation. However, it would be great if opposition members would share the time needed for debate on those pieces of legislation so that we can ensure that everyone who wants to speak on it is able to. There is definitely a difference between members of Parliament standing up and speaking on behalf of their constituents and members of Parliament speaking to advance their party's line. Unfortunately, when we are advancing the party's narrative, we take away from the work we are doing in our constituencies.

I would agree that Bill C-81 is historic legislation. It has gone to the Senate and we have seen it return with amendments. The minister has considered those amendments, because they would improve the legislation. Therefore, there is no reason that we cannot see this proposed legislation move along quickly. Members will see that the government wants to see it move quickly, and Canadians will be able to see who will block that legislation from happening. Also, when it comes to Bill C-83, once again, we would like to see this proposed legislation move along quickly, and Canadians will also be able to see clearly who blocks that from happening.

It is clear that the government wants to advance legislation that works for Canadians, but the opposition would rather get in the way of government's advancing legislation at the expense of Canadians, and that is really unfortunate.

Royal Canadian Mounted Police Act

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, it is a privilege to follow my friend from Scarborough—Guildwood, who has had millions of minutes in this chamber. However, I am at a loss to ascribe any real substance to those minutes, despite the fact that I hold him in great affection. He has been very helpful on some projects related to veterans, and on that matter, maybe he can help get the Afghan monument finally done.

I share the comments from a lot of people today in that I have frustration with when the bill is being put forward. I think all members of this chamber have tremendous respect for the men and women who wear the uniform of the RCMP or wear the uniform of the Canada Border Services Agency, CBSA, who would be impacted by the bill. Nothing shows a lack of priority like introducing bills when the tulips are coming up here in Ottawa. This is when we are in the final weeks of the parliamentary sitting, and so when the government introduces something in this time period, it shows how much it has prioritized it. If the Liberals are doing that in the fourth year of their mandate with literally a few weeks left in the session, it actually shows disdain for the underlying issues of the bill when they have had four years related to it.

My friend from Scarborough—Guildwood was suggesting that we needed to stay in our partisan lane and was bemoaning the fact that we are decrying the lack of consultation and lack of prioritization by the government, but the Liberals have left us no choice. We do not even think, at the pace things are going, that this will be substantially looked at in committee, despite his nice offer to take phone numbers of union members who were ignored in the preparations behind the bill. We will not even be able to get time to hear from them, and that is amiss, because our job as an official opposition is to hold the government to account, critique and push for better. I should remind my friend, the Liberal deputy House leader, that better is always possible, and this is an example.

The bill was introduced on May 7, 2019, literally in the final weeks of Parliament, much like Bill C-93, another public safety bill, which was introduced in the same month. What is shocking is that these are areas the Liberals have talked about since their first weeks in government. In fact, the marijuana pledge is probably the only accomplishment of the Prime Minister in the Liberals' four years in government, and they are putting the cannabis records suspension bill to the House in the final weeks. Who have they not consulted on that? It is law enforcement, which is really quite astounding.

Canadians might remember that in the first few months of the Liberal government, back in 2015-16, the Liberals were fond of consultations, which I think my friend from Sarnia—Lambton and others have made note of. In fact, there were little vignettes created saying, “We're going to consult. We're going to have public consultation.” I guess after that the Liberals stopped doing it entirely.

My real concern in the matter of public safety and security bills is that the CBSA alone will be swept into elements of Bill C-98 and the 14,000 people in that department, including the almost 7,000 uniformed people at 1,200 locations across this country, should be consulted on a substantive piece of legislation that would impact them. They were not. In fact, the Customs and Immigration Union has been demanding to be consulted, and not at the committee stage in June, a few days before Parliament may rise and go into an election. They should have been consulted prior to drafting the legislation. That is the real problem I have with this.

It is the same with the cannabis record suspension legislation, which is another public safety bill being thrown into the mix in the final weeks. The Canadian Police Association was not consulted. Tom Stamatakis, the president, had this to say:

Were we directly consulted? Not in an extensive way. We had some exchanges, but we didn't have a specific consultation with respect to this bill.

It is the same now with Bill C-98. The underlying people impacted by it, including members of the Customs and Immigration Union, were not consulted on the bill.

We also see other important pieces of public safety legislation still lingering in the legislative process. For example, Bill C-83, legislation to amend the Corrections and Conditional Release Act, is now at committee. That committee is already charged with other legislation from the final year of the government.

A lot of us are watching Bill C-59 as well, a quite comprehensive, almost omnibus bill on national security. It is in the Senate committee. I have been advocating on that bill with regard to the no-fly list, supporting the good work done by the families of the no-fly list kids to make sure that we can have a system to remove false positives and remove children from this list, which is ineffective in terms of public safety if it has tons of erroneous and duplicative names on it.

It is also substantially unfair to Canadians, especially young children, when they are impacted by being on the no-fly list. We need a mechanism for them to take themselves off the list. That is in Bill C-59. I am publicly urging Senate colleagues to make sure they do a proper review, but get it done quickly.

As we can see, there is already a backlog of public safety and security legislation in Parliament now, not to mention a number of other bills being introduced in May.

Stepping out of the public safety area for a moment, it should also concern Canadians that some of the signature issues for indigenous Canadians also had to wait until the final months of the government. They include child welfare legislation, which I think I spoke about in this place maybe 10 days ago, and the indigenous language bill, which was also tossed in at the end of the year when the flowers are coming up here in Ottawa.

That is a lack of respect. It shows there is a priority given to speech, imagery and photos with the Prime Minister, and a lack of priority given to action on public safety issues and on issues related to reconciliation. Governing is more than lofty language. It is delivering on the priorities for Canadians and the things they need.

To review, I would like to see substantive committee time for Bill C-98 so that the Customs and Immigration Union can be properly consulted. The same goes for the RCMP. In fact, I was the public safety critic before I took a little diversion and a national tour to get into a leadership race. We actually worked with the government on Bill C-7, which was the RCMP union bill. We have tried to work with the government, particularly when it comes to uniformed service members. In fact, we pushed for amendments to Bill C-7 so that there would not be a hodgepodge approach to workers' compensation for our RCMP men and women and so that there would not be different standards in different provinces. These are important bills, and people should be consulted.

I would also urge the former chair who spoke, the member for Scarborough—Guildwood, to make sure that adequate time is given. Despite the government's claim that it would never use time allocation and never use omnibus bills, we have seen it use these measures literally by the week. The government House leader appears to relish it now. My friend the deputy House leader wishes he could erase all the speeches of outrage he gave in opposition about the use of time allocation and omnibus legislation, because now he is part of the government House leader team that the member for Scarborough—Guildwood blamed for the delay that we have with these bills, and he uses it with relish.

Let us make sure we have the proper committee time to look at the changes to the RCMP Act and the CBSA Act to make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements in Bill C-98. The consultation should have been done first, but to do this properly, the committee debate time cannot be rushed. We will work with them, but we want to make sure the people impacted are part of the committee review process.

Motion No. 167—Instruction to the Standing Committee on Public Safety

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, I rise in my capacity as the chair of the public safety and national security committee.

The hon. member for Lakeland made an intervention last week. Regrettably, I had no notice of the intervention, and I would have preferred to bring my point of intervention after hers, but it is what it is. The hon. member was concerned about the pace at which Motion No. 167 was proceeding through the committee. I want to offer some observations with respect to that particular motion.

It was, in fact, referred to the committee on May 30, 2018, which is roughly a year ago. I would just note that the language of the motion was that it should be “instructed” to undertake, which I would note is not an obligation to undertake. Nevertheless, the committee did hear from the hon. member fairly shortly thereafter, on June 12, as she presented her concerns on Motion No. 167.

Subsequent meetings were held on October 16, October 18, October 23 and October 30. Then, through November and December, the committee was seized with other committee business, namely supplementary estimates, Bill C-83 and a variety of other things. This is an extraordinarily busy committee with private members' bills, private members' motions, supplementary estimates, main estimates and government business.

The first consideration of a draft report occurred on December 4, and then subsequently on March 20. After hearing all of the witnesses and the intervention by the hon. member for Lakeland, receiving four briefs, hearing 19 witnesses and having seven meetings, there is significant disagreement in the committee as to what the report should say, not only the body of the report in recitation of the testimony but also the recommendations. I would be remiss if I did not note that there is significant disagreement in the committee.

In addition to all of the above, I would just note, as you, Mr. Speaker, are considering the hon. member's intervention that, one, the referral is not a mandatory referral, and if the Speaker does do an intervention, I would like that to be taken into consideration; two, this is a very busy committee; three, there is very significant disagreement in the committee as to the way forward; and four, there is consequence to the continuous disruptive nature of House business. Just this motion alone takes all committees off their business, and of course, like all of the other committees, we have suffered the consequence of all these motions.

As due consideration is given to the motion by the hon. member for Lakeland, I would ask that those things be taken into consideration as well.

Respecting Families of Murdered and Brutalized Persons Act

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise to speak to private member's Bill C-266, an act to amend the Criminal Code with respect to increasing parole ineligibility. The bill seeks to protect victims and reduce the possibility of re-victimization by limiting the number of parole applications victims are required to attend.

The underlying assumption of Bill C-266 is that its proposed reforms would spare families from the heartache of reliving the loss of a loved one who may have been murdered in unspeakable circumstances, as is often the case.

It should be noted that Bill C-266 is similar to previous private members' bills, specifically Bill C-478 and Bill C-587. Bill C-478 got through second reading stage and was referred to the Standing Committee on Justice and Human Rights, but it did not go further than that. Unlike Bill C-266, former Bill C-478 did not require that the offences for which the offender was convicted be committed as part of the same criminal transaction.

I want to take a moment to thank the member for Selkirk—Interlake—Eastman for the laudable objective of the bill. I think all hon. members of the House can agree that minimizing the trauma, psychological suffering and re-victimization of families whose loved ones have been murdered is a worthwhile cause that merits our full consideration.

Victims have rights at every stage of the criminal justice process, including the right to information, protection, restitution and participation. These rights, previously recognized by internal policies of the Parole Board of Canada and the Correctional Service of Canada, are now enshrined in the Canadian Victims Bill of Rights and give clear rights to all victims of crime. For example, victims have the right to receive certain information about the offender in the charge of the Parole Board of Canada or the Correctional Service of Canada.

Victims' participation rights include the following: attending the offender's parole hearing or listening to an audio recording of a parole hearing if the victim is unable to attend in person; presenting a written statement that outlines the continuing impact the offence has had on them and any risk or safety concerns the offender may pose and requesting that the Parole Board consider imposing special conditions on the offender's release; and obtaining a copy of the Parole Board's decision, including information on whether the offender has appealed the decision and the outcome of the appeal.

I would like to provide some examples in English.

I would note that currently victims who do not attend a parole hearing are entitled to listen to an audio recording of the hearing, but if victims do attend, they lose their right to listen to the recording. Simply stated, parole hearings can be quite difficult for family members, as I said in French. Despite attending the hearing, they may not always remember everything that was said. They may, for a variety of reasons, wish to listen to an audio recording at a later date. I am pleased to know that changes proposed in Bill C-83 would give all victims the right to listen to an audio recording, regardless of whether they attend the parole hearing.

These legislative provisions and policies were designed to be respectful of the privacy rights of victims who do not wish to be contacted or receive information about the offender who has harmed them.

This recognizes the fact that victims are not a homogenous group and that while some victims may choose not to attend or receive information about parole hearings to avoid emotional trauma, others will attend parole hearings as a means of furthering their healing and feel empowered by having their voices heard.

Anything we can do to better support victims of crime merits serious consideration, and I support sending the bill to committee for further study. I am also mindful that changes to the laws governing our criminal justice system can sometimes have unintended consequences, so I hope that committee study of this legislation, either in this Parliament or in the future, will include a range of witnesses and perspectives.

Clearly, there are various ways of providing support to victims. The proposed changes in Bill C-266 could be one way to improve the experience of victims during the post-sentencing stages of the criminal justice process.

As parliamentarians, we should strive to have a fair, just, and compassionate criminal justice system for all those involved.

For all these reasons, I will be monitoring closely the debate on Bill C-266 and look forward to hearing the views of other hon. members on its potential impacts.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with debate at third reading of Bill C-77, the victims bill of rights.

Tomorrow we will debate Bill C-83, the administrative segregation legislation, at third reading.

For the next two weeks, we will be working with our constituents in our ridings. Upon our return, Monday shall be an allotted day. Tuesday we will start report stage and third reading of Bill C-84, on animal cruelty. At 4 p.m. on Tuesday, the Minister of Finance will present budget 2019. Wednesday will be dedicated to the budget debate.

Report Stage

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, thank you for that generous five minutes.

I am pleased to join the debate on Bill C-83. I join this debate in two capacities: as an interested member of Parliament and as the chair of the public safety committee, which reviewed the bill, heard the witnesses and put forward quite a number of amendments to the original bill, which in some respects reflects the interest in the bill and how the government was open to amending the bill at committee.

The bill would replace the existing administrative segregation system with structured intervention units. The new SIUs would ensure a separation from the general prison population, which is sometimes necessary for security reasons. Even those witnesses who had actually been segregated prisoners emphasized the need for some mechanism by which a prisoner is separated from the general population. This, however, does not mean separation from rehabilitative programs, mental health care and other interventions.

If members think that this is just an academic exercise, I direct their attention to the front page of The Globe and Mail this morning. It read:

Ontario will not appeal a judge’s decision to abandon a charge of first-degree murder against Adam Capay, the 26-year-old from Lac Seul First Nation who spent more than 1,600 days in solitary confinement before a public furor over his plight forced officials to send him to a secure hospital.

The very issue that we are debating today is on the front page of The Globe and Mail. The article continued:

In deciding against an appeal, the province is consenting to a scathing ruling from Justice John Fregeau that set Mr. Capay free last month and faulted the ministry of corrections for allowing a term of solitary that was "prolonged, egregious and intolerable.”

In particular, he found that the jail’s procedure for reviewing Mr. Capay’s segregation was “pro forma, perfunctory and meaningless”....

Further on, there is some disaggregation of the errors and omissions:

At the time, nothing was controversial about the initial decision to lock him in solitary confinement. Correctional officers have authority to segregate a prisoner if they believe he could harm himself or others. On average, 472 provincial inmates faced segregation every day in 2012.

But in the Capay case, the institution started racking up serious errors and omissions that led directly to his release without trial.

The Supreme Court long ago ruled that people keep some residual rights and liberties after the courts send them to prison. If those residual rights are further reduced by being placed in segregation, the state must hold regular review hearings of the decision.

In Ontario, the law requires segregation review hearings to be held at the institutional level....

The article goes on to discuss Mr. Capay's case, but also the larger issue and that is the larger issue that we are facing today.

As I said earlier, when we heard testimony from various witnesses, those who actually had been subject to segregation and those who were supporting those who had been subject to segregation all argued for the need for segregation. The bill fits with the broader approach to corrections, which is based on the fact that public safety is best served by effective rehabilitation and treatment.

Naturally, there are some inmates who will never be granted any form of conditional release by the Parole Board. They are mostly people serving life sentences who will never progress to the point where the risk they pose to the outside can be managed outside of a correctional institution.

I see that my all too generous five minutes are now up and I will be delighted to resume after question period.

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, I am pleased to rise today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

I understand that Bill C-83 is designed to make a number of significant changes to our correctional system. It seeks to eliminate administrative segregation in correctional facilities, replace these facilities with new structured intervention units, or SIUs, and introduce body scanners for inmates, among other changes.

There have been a lot of problems with the correctional system and Bill C-75 could make it worse. The policies under Bill C-75 include serious offenders receiving sentences of a maximum two years less a day. People who have committed serious crimes to persons and property will be in provincial jails, downloaded. We now will have a system where there will be less chance to deal with serious offenders in provincial institutions. It has become a revolving door, where some know they will be in and out very quickly and will not be provided the help they may need in a prison system.

I know the legislation has prompted some strong responses from stakeholders. I am happy to convey some of those serious concerns.

The CSC ombudsman, Union of Canadian Correctional Officers, civil liberties and indigenous groups have all commented on the lack of consultation. Unions and employees have not been consulted. Nor have indigenous groups.

The president of the Union of Canadian Correctional Officers, whose members will be directly impacted by the legislation, even said, “The bill was as much a surprise to us as it was to anybody.” It does not sound right that it was a surprise to those who would be affected the most. It is something like the Parks Canada budget that had a $60 million pathway in it and Parks Canada knew nothing about it.

The correctional investigator of Canada told the public safety committee:

All the consultations seem to have been done internally. To my knowledge, there have been no consultations with external stakeholders. I think that's why you end up with something that is perhaps not fully thought out.

For a government that supposedly loves to consult, it sure seems to have left a lot of people dissatisfied with this process.

Of particular note are concerns we have heard from correctional officers. These are the people who wear the uniforms. These are the people who protect us and inmates. The introduction of SIUs may pose a risk to both prison guards and inmates. The legislation goes further than what was raised in either Superior Court decisions. It completely bans administrative segregation and introduces the structured intervention unit model.

We need to take a lot of care in how we deal with youth offenders or those with mental illnesses or mental disease for which segregation may not be an option. We need to be very careful in how we use segregated models with those people.

This has the potential to make prisons much more dangerous for guards and inmates. Guards will lose an important disciplinary tool. In fact, the president of the Union of Canadian Correctional Officers told the public safety committee, “by eliminating segregation and replacing it with structured intervention units, CSC will further struggle to achieve its mandate of exercising safe, secure and humane control over its inmate populations.” That is a very troubling statement. In other words, was the consultation there to find another solution? I do not think so.

Guards will be placed in greater danger as they attempt to control extremely dangerous offenders without the ability to fully separate them from other inmates. Who is going to want to be a guard if things continue this way? It is already an intensely stressful, challenging occupation. We cannot keep placing these people under greater strain. Dangerous inmates will be forced together in units with each other. Is that the right way to go?

I understand that this change is well intentioned. Canada has a fundamentally sound and humane correctional system, especially compared to many other jurisdictions around the world. We do not want a draconian system, but we do need to balance the mental health of prisoners with the safety and protection of guards, workers and fellow inmates.

The bill would fail to do some of those things. It ignores the reality on the ground in many prisons. As the member for Charlesbourg—Haute-Saint-Charles noted, some inmates request to be in administrative segregation for their own safety. They do not want to rub shoulders with other dangerous offenders.

Legislation intended to improve our correctional system should not compromise safety and security. The government needs to go back and fix the bill. It should not force the bill through over the objections of virtually all interested stakeholders and put lives at risk in doing so, especially the lives of those who wear the uniform.

I am also surprised to find that the legislation does nothing to ensure that high-risk offenders are not transferred to low-security facilities.

It was just last year that Canadians from coast to coast expressed outrage over Terri-Lynne McClintic's transfer to a healing lodge. Only after massive public pressure did the government finally move to address the injustice and send her back behind bars. The Prime Minister personally attacked his critics and accused Canadians of politicizing this issue. Thankfully, Canadians were able to pressure him enough to act so that decision was changed.

However, a prime minister should never have to be shamed into doing the right thing. There was an opportunity in this legislation to take real action to prevent similar situations in the future, but no action was taken on this topic.

One clear positive aspect that would result from the legislation is the introduction of body scanners. If this system is applied properly, it should be helpful in intercepting drugs before they make their way into prisons. It is important that the scans apply to all individuals entering the prison. Drugs simply should not be flowing into correctional facilities and creating even more dangerous conditions there.

However, I am unclear why the Liberals' haphazard plan to supply inmates with syringes would still being implemented if we have scanners. Our objective should be to prevent drug abuse in prisons, not facilitate it. Furthermore, legitimate concerns have been raised over the weaponization of the syringes. It should be obvious that the worst offenders will try to use syringes as weapons. This presents yet another threat to guards who are already operating in a dangerous environment. The body scanners should receive the highest priority, and the needle exchange program should be scrapped.

In summary, this flawed legislation is not right. It does not prioritize the safety of correctional service officers. It compromises the safety of inmates. Almost all of the witnesses the public safety committee heard were critical of the bill. The consultation process was obviously not complete.

Instead of scrapping the legislation in light of witness testimony, the Liberals are pressing forward with it. I join my colleagues in opposing the bill.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Mr. Speaker, I understand that my colleague is very concerned about the problem of administrative segregation.

After reading Bill C-83, I think that structured intervention units are a major step forward in resolving this problem. They will ensure that inmates have access to human contact and appropriate interventions that promote their rehabilitation.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, the question is quite simple. I asked another Liberal member the same question, but I did not really get a response.

Bill C-83 was tabled in response to decisions handed down by superior courts in Ontario and British Columbia that deemed the current administrative segregation model unconstitutional. These decisions included a number of recommendations, but upon reviewing Bill C-83, it would seem that most of them were overlooked.

Why did the government not seize this opportunity to respond to the two court rulings that struck down the current administrative segregation model as unconstitutional?

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Mr. Speaker, far from parliamentarians, the stakeholders and the Canadian public being silenced, I am actually quite taken with the amount of consultation that went into this legislation, which is long overdue for a problem that was putting in jeopardy not only the people that were incarcerated but also those who work with them.

I have something of a background in community and social work service and I had many colleagues who worked in the prison system. I was very much taken with how they were able to work in such difficult conditions with so few tools. It is one thing to talk and it is another thing to take action. To come forward with a piece of legislation such as Bill C-83, which meets those demands while at the same time coming with $448 million in investments, including in infrastructure and the kinds of tools that would keep people safer within and outside of the prison system, shows that our government is taking action where it counts and that people have been heard.

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

Mr. Speaker, I want to bring this back. I feel it is important we do this at every opportunity. Each member from the government side has said there have been significant consultations and witnesses that appeared before the committee, and their concerns were heard. However, we know through comments from the president of the Union of Canadian Correctional Officers that there are still significant concerns. Witness after witness has said the bill is flawed right to the core.

Therefore, I want to go back to what we are dealing with again today. During the 2015 debate, the member for Papineau, now our Prime Minister, said he would let debate reign. He would not force closure on debate. We have seen it well over 60 times. On a piece of legislation, such as Bill C-83, which is so important, all sides would agree to that, the Liberals have forced time allocation once again, limiting debate and essentially limiting the voices of the members of Parliament on this side. We are the voices of the electors who put us in the House to ensure the voices of our regions and ridings come to Ottawa. What the Liberals have done now, as they have done so often, is that they have silenced those voices of opposition.

Why, on such an important piece of legislation, do the Liberals feel the need to force closure and ignore the comments and concerns of the witnesses that came before the committee?

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Mr. Speaker, I appreciate the opportunity to speak in the House and to participate in today's debate on Bill C-83.

This piece of legislation will transform our corrections system. Ultimately, we want to promote safety and security, both in and out of our federal institutions. The bill also prioritizes rehabilitation as a key factor in achieving this objective.

The key innovation in Bill C-83 is the proposal to create structured intervention units, or SIUs. These SIUs would be found in every prison. Some inmates are sometimes too dangerous or disruptive to be housed safely in the general prison population. Currently, these inmates are placed in administrative segregation. Federal inmates placed in administrative segregation can spend up to 22 hours a day in their cells and have very limited interaction with other inmates.

Bill C-83 offers a more effective solution for everyone involved. Safety will always be the top priority. Prisons are safer for those who live and work there when inmates have access to programs, mental health care, and other interventions they need. Inmates who benefit from these interventions are more likely to reintegrate into society safely when they leave the institution.

The government's proposed solution in Bill C-83 is to eliminate administrative segregation and replace it with structured intervention units. These units will be safe and separate from the general population to ensure compliance with safety requirements. They will also be designed in such a way that inmates who are placed there will receive requisite interventions, programs and treatments. Inmates in structured intervention units will be allowed to leave their cells for at least four hours a day instead of the two hours allowed under the current system. It should be noted that the two-hour period is currently established by policy, not by law. Bill C-83 would enshrine the four-hour minimum in law.

Inmates who are placed in SIUs will have the opportunity to have at least two hours of meaningful interaction with other people, including corrections staff, other compatible inmates, visitors, chaplains and seniors. The objective of these reforms is to ensure that inmates in SIUs are able to reintegrate into the general prison population as soon as possible.

Bill C-83 has been thoroughly analyzed at every step of the parliamentary process thus far. Members of the Standing Committee on Public Safety and National Security went through it with a fine-tooth comb, and some useful amendments were made at the end of the committee review period based on the testimony of a broad range of stakeholders.

Bill C-83 was already a robust and effective piece of legislation when it was introduced, but after being vigorously debated and carefully examined, it is now even better. It is important to point out that the bill that was sent back to us includes amendments from all of the parties that proposed amendments.

I disagree with the suggestion made in debate that it is somehow a bad thing that the bill was amended in reaction to comments from the public and parliamentarians.

I am proud to support a government that welcomes constructive, thoughtful input and that respects the role members from all parties play in the legislative process.

The purpose of most of the amendments to Bill C-83 is to ensure that structured intervention units, SIUs, work as intended.

For example, some witnesses were concerned that time outside of the cell might be made available in the middle of the night, when inmates are unlikely to benefit from it. The member for Montarville added the requirement that time outside the cell be provided between 7 a.m. and 10 p.m. Other witnesses wondered whether mandatory interaction with others might be provided through a door or a meal slot.

To address that concern, the member for Toronto—Danforth added a provision stating that every reasonable effort shall be made to ensure that human contact takes place face to face and that a record of exceptions is kept.

In response to concerns about Correctional Service Canada making inappropriate use of the provision stating that time outside the cell can be denied in exceptional circumstances, the member for Mississauga—Lakeshore added a list of specific examples, including fires and natural disasters, to clarify the interpretation of that provision.

Amendments put forward by the member for Toronto—Danforth in committee and by the member for Oakville North—Burlington at report stage will strengthen the review process to ensure that placement in SIUs is subject to robust internal and external oversight.

All of these measures will help ensure that the new SIUs are used as intended.

We also accepted various amendments put forward by the members for Brampton North, Medicine Hat—Cardston—Warner, Beloeil—Chambly and Saanich—Gulf Islands. I thank them all for their contributions.

We all want our institutions and communities to be safer, and we want Canadians to feel and be safe. The successful rehabilitation and reintegration of people serving a federal sentence is essential for achieving our shared objective of enhancing public safety.

By enabling inmates who need to be separated from the general inmate population to spend more time outside their cells, have more access to mental health services, and receive more rehabilitation interventions, Bill C-83 is a big step in the right direction.

Again, I want to thank my hon. colleagues for their contributions at each step of the legislative process so far, and I urge them all to join me in enthusiastically supporting this bill.

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

Mr. Speaker, I had a number of amendments accepted in this process, and I found the clause-by-clause process of Bill C-83 to be quite collaborative.

I was briefly out of the chamber. Therefore, I have to apologize if this point has come up already.

Earlier today one of my hon. friends referred to people in segregation units or solitary confinement as the worst of the worst. I think of the coroner's report with respect to what happened to Ashley Smith. She was a young woman with mental health issues who was moved 17 times in the period before she was found in her cell. She had committed suicide, but the correctional guards were watching as she died. The coroner's report was very clear.

This bill attempts to deal with some of that. Edward Snowshoe is another example of somebody who died in solitary confinement. These are not the worst of the worst; rather, “There but for fortune may go you or I.” Ashley Smith's mother was desperate to help her. However, the correctional authorities and the system kept a mother away from a girl who was suffering and ultimately killed herself. Therefore, let us not judge the people who get stuck in solitary confinement, but rather recognize it for what it is: a form of torture, which we must not use.

This bill does not go far enough. I will vote for it and hope it gets improved again in the Senate.

I wanted to ask my hon. colleague to talk about the fact that some of the people in solitary confinement are there because of mental health and addiction issues. Could he explain how it compounds the torture when they are kept away from people who can have good, healthy contact with them?

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

Mr. Speaker, I would agree with what my friend beside me has said. I would also point out that during my speech, I listed quote after quote from people involved in the correctional services who were saying that they are not consulted, that they are being asked to do more with less and that they do not have the proper resources as it is.

This new legislation, Bill C-83, if it passes, will actually hamper them in doing their job and could put more officers at risk, so the Liberals are not protecting those they claim they are protecting.

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

Mr. Speaker, yes, absolutely I agree with everything my friend said. The departmental plan is very clear, and even in the case of Bill C-83, which we are discussing today, this plan that the Liberals have has not even been costed.

We are already dealing with correctional officers who feel overworked and stressed as it is, and now they are being asked to do more with less. For those who are working hard, sometimes in dangerous conditions each and every day, and at times dealing with the worst of the worst within our society, asking them to continue while taking away a tool that they use to protect themselves and others is simply irresponsible.