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

This bill is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-83s:

C-83 (2005) An Act to amend the Food and Drugs Act (drug export restrictions)

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

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 26th, 2024 / 5:50 p.m.


See context

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, we are here because of the Liberal government's refusal to release documents, which is the will of this Parliament.

It really makes us question what the Liberals are trying so desperately to hide. The government should have obeyed the request of the House of Commons. The House of Commons is the voice of Canadians, and the government cannot ignore this request. It is not just a request; this is an order of the House. This is exactly what the Liberal government has done.

Our motion could not have been clearer. It demanded that all documents related to Sustainable Development Technology Canada, now widely known as the Liberal billion-dollar green slush fund, be tabled with the law clerk of the House of Commons and transferred to the RCMP for investigation. The government had 30 days to comply, but it did not do so.

As a result, the opposition House leader raised a question of privilege with the Speaker. The Speaker agreed that the members' privileges of the House had been breached and that the government had ignored an order of the House. However, the Liberal government continues to ignore it. I know Liberal colleagues across the aisle will say they have tabled 29,000 pages of documents. What they do not say is that many of those documents were heavily redacted, against the instructions of this Parliament. It does not matter whether they table two pages or two million pages; if the documents are redacted and blacked out, we cannot see the information on those pages.

If the Liberals chose to hide the relevant information that the House requested to protect Liberal insiders, then those documents are not worth the paper or the ink that was used. Ultimately, the Liberal government is hiding the information from the RCMP. We have to question why this has gone on for weeks and weeks. What are the Liberals trying to hide?

Just to go back and give a little history for anyone listening who is not familiar with this ethical scandal at Sustainable Development Technology Canada, before the current Liberal government, this program was not controversial. Through past governments of other parties and all parties, SDTC provided funding to Canadian innovators seeking to develop clean new technologies. However, under the current Liberal government, SDTC became widely known as the green slush fund because it was known as a hotbed of corruption for use by Liberal insiders.

We know this because the Auditor General of Canada, the Ethics Commissioner and whistle-blowers uncovered clear and widespread corruption in favour of Liberal insiders. The issues began in 2018 when the Liberal industry minister at the time, Navdeep Bains, chose to appoint a new chair to the SDTC, an entrepreneur who was already receiving funding through one of her companies. The Liberals were warned internally of the risks associated with appointing a conflicted chair.

We had heard this and this has come to light. The Liberals were told that up to that point, the fund had never had a chair with interests in companies receiving funding, yet they chose to appoint her anyway. The new chair went on to create an environment where conflicts of interest were tolerated or managed by board members, as described by the Auditor General. Board members went on, through SDTC, to grant funding to companies that they held stock or positions in. It was a direct conflict of interest.

Bains, the Liberal minister at the time, went on to appoint two other controversial board members who engaged in unethical behaviour, in obvious conflicts of interest, acting by approving funding to companies in which they held ownership stakes. Department officials from the government sat in on board meetings. They were witness to 186 conflicts of interest at the board, but they did not intervene.

Then, in November 2022, whistle-blowers raised internal concerns with the Auditor General about unethical practices at SDTC. In September 2023, the whistle-blowers took the allegations public, forcing the Liberal industry minister to suspend SDTC funding.

In November 2023, the Auditor General started to conduct an audit. This audit found many approved projects that were ineligible for funding, a conflict of interest or both. There was $58 million that went to 10 ineligible projects that, on all occasions, could not demonstrate an environmental benefit or development of green technology, the actual purpose of the fund. The Liberal-appointed SDTC board approved $334 million, over 186 cases, for projects in which the board members held a conflict of interest. These numbers are absolutely staggering. The Auditor General found that the Liberal minister “did not sufficiently monitor” the contracts that were given to the Liberal insiders.

This is a culture of corruption that was Liberal-made. We know this because the Auditor General gave SDTC a clean bill of health back in 2017. It was only after the hand-picked Liberal board members were appointed that this fund began voting itself really absurd amounts of taxpayer dollars.

The Liberals will say this agency was at arm's length, but there were government officials sitting in on board meetings, so it was not at arm's length. The Liberal minister recommended board appointments, and Innovation, Science and Economic Development Canada had senior department officials sitting in on every board meeting, monitoring the activities of the board. It is unbelievable that senior department officials said nothing during this time.

As well, we know the Auditor General did not analyze all of the projects and contracts. In fact, it was only approximately half that the Auditor General analyzed. Therefore, these 186 instances could potentially be considerably higher, maybe even double that. This is shocking. It is why this Parliament has been seized with this.

It really bodes the question: Why are the Liberals fighting so hard to not bring the documents forth and to not shine a light on what has occurred? If there were all of these conflicts of interest, why would they not want to shine sunlight on the situation and bring all of this to light so it can be analyzed, and if there is criminal activity, that could potentially be pursued? It is unbelievable that this is all being pushed under the rug because the government does not want it to come to light.

It is disappointing we are here discussing this matter of privilege rather than discussing issues that are important to residents in my community of Kelowna—Lake Country and, in fact, all Canadians. After nine years of the NDP-Liberal government, there is really no shortage of issues to be discussing.

One issue I would like to talk about, and hear more on, is crime and how members of my community are worried over the rise in violent crime that has happened under the watch of the NDP-Liberals. The statistics are shocking compared to 2015. Homicides are up 28%, sexual assaults are up 75%, gang murders have nearly doubled, auto thefts are up 46% and extortion is up 357%. These are serious, violent crimes. British Columbia has seen the total number of violent Criminal Code violations increase by over 50% since 2015.

The situation of crime really is out of control. Instead of debating how to better keep our communities safe, we are debating this matter of privilege regarding this apparent Liberal cover-up. The legislative changes made by the Liberal government, supported by the NDP, serve to put the welfare of perpetrators, often violent ones, over the welfare of victims.

Law enforcement and policy experts are calling for reform. Liberal Bill C-75 directed judges to act with restraint when imposing bail conditions, even with violent repeat offenders. It has been a driving force behind the catch-and-release nature of Canada's bail system. Liberal Bill C-5 removed mandatory minimum sentences for 14 Criminal Code sections, including serious crimes related to firearms and drugs. It is unbelievable.

Liberal Bill C-83 changed the correctional system in part to ensure those convicted and sentenced to penitentiaries are provided with the least restrictive environment for that person. Many believe it is this legislation that allowed serial killers like Paul Bernardo to move to a medium-security prison environment despite committing heinous crimes.

Across Canada, law enforcement experts and associations have made it clear they are fed up with the Liberal government's legislative agenda that increased crime and chaos in many of our neighbourhoods. For example, recently, the Police Association of Ontario, the Ontario Provincial Police Association and the Toronto Police Association issued a joint statement following an intense shootout in Toronto that led to 23 arrests and 16 firearms being seized. It states, “Our members are increasingly frustrated and angered as they continue risking their lives to apprehend repeat violent offenders.” It went on to say the incident “should serve as a call to action for the federal government to fix our bail system so repeat and violent offenders can’t continue to harm our communities while out on bail.”

The Vancouver Police Union, close to where I am in British Columbia, stated how Liberal justice reforms are “doing little to address actual crime and violence.” It also said the Prime Minister is “not aware of the ongoing gang war here in B.C. which is putting both our members and public at risk on a daily basis.” The Surrey Police Union, also in British Columbia, described its pressing current issue as “the surge of illegal firearms coming across our borders and ending up in the hands of violent criminals”.

Conservatives will stop the crime by first scrapping Liberal Bill C-75, Bill C-5 and Bill C-83. Conservatives have also put forth many common-sense bills to address public safety. My own private member's bill, the end the revolving door act, Bill C-283, would have expanded justice system sentencing to people suffering from addiction through treatment and recovery in federal penitentiaries. Unfortunately, this was voted down by most NDP and Liberal MPs.

Again, instead of discussing these common-sense solutions to stop the crime in our communities, we are discussing this matter of privilege. Many of our Conservative colleagues, too many to mention in the time I have here today, have also put forth really great private members' bills that would address the issue of crime, everything from looking at crime that is happening in hospitals to extortion, car thefts and many more. I could do a whole speech just on that. We are putting forth common-sense solutions.

There is another issue that I would like to be discussing more, instead of a matter of privilege. Although that is important, we are only discussing it because the Liberals are holding us in this place, because the Liberals are not abiding by the will of the House. Another issue that I would like to be discussing is fixing the budget and restoring affordability.

Inflationary spending and the lack of good economic policies have seen the Canadian economy deteriorate, and Canadians are worse off because of it. We know why. The Prime Minister has said that he does not think about monetary policy and that budgets balance themselves. His latest comment was, “I'll let the bankers worry about the economy.” How completely out of touch is this with what the role of government is and what his role is? The Parliamentary Budget Officer has reported that “rising inflation and tighter monetary policy have eroded purchasing power, particularly among lower-income households.” Most Canadians spend the bulk of their income on basic necessities like food, shelter and transportation. When their purchasing power suffers, it makes just getting by that much harder.

This reality has been realized when it comes to food bank use in Canada. The cost of food has increased by over 22% since 2020 alone, forcing many to go to a food bank. The committee that I am on, the human resources committee, has had a lot of testimony on this from food banks and from not-for-profits, who have talked about the fact that they had volunteers before who have now become clients, that seniors who would maybe volunteer now have to go back to work, that people are not volunteering because they literally cannot afford the transportation to come and volunteer, that donations are down. This is what is happening in Canada. This is the Canada that we are in right now, and this is after nine years of the NDP-Liberal government. We know, for example, that over two million Canadians have visited a food bank in one month alone.

Something that is especially upsetting is the rise of child poverty. According to the 2024 report card on child and family poverty in Canada, 1.4 million children live in poverty in Canada now. We need to discuss how economic policies and inflationary spending have really gotten us to this point. Instead, we are discussing this matter of privilege. There are really serious and broad economic concerns that are happening in Canada. It just really illustrates the results of the disastrous Liberal government and how it has affected people's lives and Canadians' prosperity.

I will say as well that the Liberals have not given a fiscal update so that we would know where the debt is this year. They continue to have spending. We have no idea what the status of our debt is. Canada's federal debt will rise to $1.2 trillion this year. That is based on previous numbers. The interest we will pay in servicing the debt will increase to $54 billion. Again, this is based on previous numbers. Just to put that into perspective, that is more than the revenue that has been raised in the past from GST. It is unbelievable how much we will be spending on servicing our debt and how much our children and grandchildren will be spending.

As well, Canada's GDP per capita continues to decline, meaning that there is less money to go around for more people. This is really troubling, given that while Canada's GDP per capita fell by 3% in the last four years, the GDP per capita of the United States increased by 7% in that same time period. It is total economic mismanagement on the account of the NDP-Liberal government.

The government is continuing to not comply with the will of Parliament and refusing to bring forth the documents that are the will of Parliament. There are a lot of important issues that we need to be discussing here. I will just end with the carbon tax.

We have all of these tax increases that will be coming down the line early next year. We have the carbon tax, which will be increasing on April 1. We have the excise tax, which will be increasing on April 1. Especially with the carbon tax, this just makes the price of everything go up, everything that is grown, produced and transported, yet the government is bent on increasing these taxes. It is putting us really at an economic disadvantage. We are hearing testimony at a lot of committees about how tax increases are forcing people to leave Canada and forcing businesses to leave. These are the things we need to be talking about.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 26th, 2024 / 4:55 p.m.


See context

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, I am pleased to rise today to speak about our oh-so-beloved Liberal government and, more specifically, about the problem that we have been discussing for several weeks now, namely the infamous $400 million that was diverted to Liberal cronies.

Those funds came from a program that worked flawlessly from 2001 to 2016 or 2017. What happened at that point? There was a change of government. All of a sudden, the Liberal government did what it usually does and started rewarding its cronies. That is why we have a major issue with the $400 million that has gone missing. The money that disappeared into the pockets of Liberal friends is our money. What does that tell us? It tells us how little interest the Prime Minister has in financial matters, although we have known that for quite a while now.

It also tells us that he has little interest in security matters. Last week, we saw a telling example of how the Prime Minister handles situations that people in Canada are experiencing. On Friday, things got intense in Montreal. Protesters started smashing things in front of the convention centre, where a NATO Parliamentary Assembly meeting was taking place, attended by members of the association I belong to. Meanwhile, what was the Prime Minister up to? The Prime Minister was dancing in front of Taylor Swift.

He was playing with his little bracelets while Montreal was burning. This is a powerful symbol that proves the Prime Minister does not act like an adult, let alone like a prime minister. Violent, destructive riots have been going on in Canadian communities for months now. Instead of taking action, the Prime Minister did not even take a few minutes' break from dancing the night away to issue the following statement:

What we saw on the streets of Montreal last night was appalling. Acts of antisemitism, intimidation, and violence must be condemned wherever we see them. The RCMP are in communication with local police. There must be consequences, and rioters held accountable.

That nice tweet was posted on his page. He probably did not even see the message before his staff posted it. That brief message was posted on X, so he figured his work was done and he could keep dancing and having fun. Everyone saw the pictures. It was really something.

Some will say that the Prime Minister has the right to go and see a concert with his daughter. Of course, but the Prime Minister has a fundamental responsibility. When a major incident happens in the country, he has a duty to stop having fun himself and tell his daughter to keep going with her friends. He should then go and see what is happening and deal with the situation. That is not what happened. We know the Prime Minister has the resources. He has his security team by his side. He has a command post. He can visit in person to see what is going on and decide what needs to be done. Instead, he simply carried on having fun, as though nothing had happened. For the past nine years, the Prime Minister of Canada has been perceived as someone who is not serious.

Terry Glavin from the National Post said the same thing in October. Referring to groups that are causing problems in Canada, he wrote, and I quote, “Such hateful rhetoric is unacceptable. This has no place in Canada. All options must be considered. This is not who we are. We are treating this with the utmost urgency.”

As Mr. Glavin writes, “For more than four years, this is what we have been hearing from the Liberal government about the bloodcurdling incitements that are the stock in trade of the Vancouver-headquartered Samidoun Network, the overseas agitation and propaganda wing of the terrorist-listed Popular Front for the Liberation of Palestine.”

According to a newspaper article, in August, the Minister of Public Safety stated that federal departments are currently examining how two men suspected of having ties to a foreign terrorist group were allowed to enter Canada and, worse still, to obtain Canadian citizenship. Ahmed Fouad Mostafa Eldidi, 62, and his son Mostafa Eldidi, 26, were arrested in Richmond Hill, Ontario. They face nine separate terrorism charges, including conspiracy to commit murder on behalf of the Islamic State, a terrorist group. The RCMP announced the charges and said the two men were in the advanced stages of planning a serious, violent attack in Toronto.

What I just read out is an example of the government's incompetence. Videos clearly show this man committing barbaric acts with the armed group Islamic State. He came to Canada and became a Canadian citizen.

How can the United States trust Canada when Canada gets into situations like these? That is just one example among many. The Americans are very nervous, and rightly so. Just think: Canada let in a member of the Islamic State who then became a Canadian citizen. There is even video evidence to support it. No one can wrap their heads around it.

In July, the National Post reported that U.S. senator Marco Rubio and his colleagues had sent a letter to the U.S. Secretary of Homeland Security, Alejandro Mayorkas, urging him to beef up precautions along the Canada-U.S. border. Why? It was because Canada had recently increased the number of refugees allowed to enter the country on temporary resident visas from Palestinian territories, including Gaza and the West Bank. The letter cited concerns that this would allow Gazans with possible ties to terrorists to enter the U.S. via Canada. With so few reliable records or background checks available, Canada's decision will turn the northern border into a much bigger national security issue.

All of the Liberal government's decisions bring us back to this debate. Since 2015, the Prime Minister has made it so that nothing works. I am thinking, for example, of the $400 million from the green slush fund that was given to friends, rather than being used to help companies develop green technologies. That is corruption. I am also thinking about how our public safety is threatened because of the decisions made by various jurisdictions. That is not working at all. No wonder our American neighbours are nervous. There is no shortage of examples. This is not necessarily coming from President Trump. It is coming from his administration, from people who work on border security and national defence. These people are meeting with us and asking us what is happening in Canada because things are no longer working. They are very nervous. They are worried about what is happening here and what could come their way.

I cannot say it better than my leader, who addressed the Prime Minister directly on Friday. Here is the message that the Leader of the Opposition posted following the riots in Montreal. He said, and I quote:

You act surprised. We are reaping what you sowed.

This is what happens when a Prime Minister spends 9 years pushing toxic woke identity politics, dividing and subdividing people by race, gender, vaccine status, religion, region, age, wealth, etc.

On top of driving people apart, you systematically break what used to bring us together, saying Canada is a “post-national state” with “no core identity.”

You erased our veterans and military, the Famous Five and even Terry Fox from our passport to replace them with meaningless squirrels, snowflakes and a drawing of yourself swimming as a boy.

You opened the borders to terrorists and lawbreakers and called anyone who questioned it racist.

You send out your MPs to say one thing in a mosque and the opposite in a synagogue, one thing in a mandir and the opposite in a gurdwara.

You have made Canada a playground for foreign interference. You allowed Iran's IRGC terrorists to legally operate here for four years after they murdered 55 of our citizens in a major unprovoked attack.

You passed laws that release rampant offenders from prison within hours of their 80th arrest.

And what is the result? Assassinations on Canadian soil, firebombings of synagogues, extremist violence against mandirs and gurdwaras, over 100 churches burned or vandalized (with barely any condemnation from you), all for a total 251% more hate crime.

And, while you were dancing, Montreal was burning.

Every corner of the country has seen a huge increase in violence and crime. This increase has affected women in particular. This self-proclaimed feminist government seems to be heading in the wrong direction. Since 2015, since the arrival of this woke Prime Minister, violent crime has increased by 50%.

Statistics from Statistics Canada on Canadian women, children and the most vulnerable show that the total number of sexual assaults at all three levels has increased by 74.83%. The total number of sexual offences against children has increased by 118%. Forcible confinement and kidnapping has increased by 11%. Indecent and harassing communications have increased by 86%.

Non-consensual distribution of intimate images is up 801%. Trafficking in persons is up 84%. Of all sexual assault cases, 90% of victims are women.

The Prime Minister always talks a good game about his desire to protect Canadians, but it is all nonsense. He talks the talk, but never walks the walk, unless it is initiatives that make life easier for criminals. Take Bill C‑83, for example. I did an interview about this today actually, because in my region, Quebec City, there has been a lot of talk lately about what is happening in prisons, about how the situation is out of control, about how incarcerated criminals are no longer monitored as they used to be because of the legislation stemming from Bill C‑83, which came into force in 2019. Correctional officers are afraid for their lives. It is total chaos inside the walls. That is a whole other issue, but this just got me thinking about the long list of problems related to how criminals are dealt with in Canada.

In the Prime Minister's world, who gets arrested? Journalists get arrested. Journalists were arrested last week while certain violent criminals, following the passage of Bill C-5, have been allowed to serve their sentences at home, watching Netflix, even if they committed aggravated sexual assault. It is unbelievable.

No man on the Liberal side had the courage to stand up and say what needed to be said, to tell the Prime Minister that he was heading in the wrong direction. Some women had that courage. What happened to them? The Liberals gave three of them the boot.

As far as the Bloc Québécois and the NDP are concerned, my main criticism of them with respect to criminal justice concerns their support for Bill C‑5, the infamous bill that lets offenders be sentenced to house arrest, and Bill C‑75, which lets them get bail. A person can be arrested four or five times in one day and released every time. Criminals all across Canada and Quebec are rolling on the ground laughing, especially in the Montreal area. No one is afraid of the justice system anymore because of laws put in place by the Liberals and supported, unfortunately, by my colleagues from the other parties.

This incompetent government is being kept in power by the Bloc Québécois and the NDP. The Bloc Québécois has made it clear that it no longer has confidence, but we do not get the impression that its members are all prepared to vote in favour of a non-confidence motion. The NDP made a big show of tearing up the agreement and even produced a little video about it. To make sure they did not mess things up, the NDP made a video. In the end, now it is clear that it was pointless. They are still supporting the Liberals. We hope that they will show some courage, scrape together enough money to run a campaign, get a conscience, put Canadians first and put their money where their mouths are by saying they are finally done with this government and voting non-confidence so we can have an election.

Canadians will vote for whomever they want. If a Conservative government is fortunate enough to be voted in, we will be there to get Canada back on the right track.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 25th, 2024 / 12:05 p.m.


See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, normally when I rise in the House to speak, I say I am pleased to rise today. However, I must say I am super sad to rise today in the House. I am super sad about the state of our nation. I cannot believe what happened in Montreal on Friday night and the state of events.

For those who are watching the debate today, we are still here, two months down the road, talking about the Sustainable Development Technology Canada fund, which was $400 million of taxpayer money that ended up going to insiders who gave the money to their own companies. The Auditor General said there were 186 conflicts of interest. The whistle-blowers within the department itself said there was criminality involved.

Parliamentarians did their due diligence. It was the will of the House, with a majority vote, to have all the documents associated with this sordid affair produced and sent to the RCMP. The Liberals did what they always do. They redacted the good parts of the documents that were produced and did not produce the other half of them. Here we are, and the Speaker has ruled that no other government business will take place until this question of privilege is addressed and those documents are produced and sent to the RCMP.

My theme today is that this all comes back to the problem of the Liberals not having any regard for the rule of law in this country. Canada is built on the rule of law. It is what makes us a civilized society. We have seen, from the time the Liberals were elected in 2015, a lack of respect for the law and a continual erosion of the rule of law in Canada. Let me spend a few minutes talking about that.

In 2015, the Liberals were elected and they first brought forward Bill C-83, which forced judges, when considering bail, to put the least restrictive measures on an individual to reduce it to the easiest bail. That was the beginning of what has become catch and release in this country.

In 2017, the Prime Minister went to billionaire island, which was $215,000 of taxpayer fraud. The RCMP ended up not investigating it, but at the end of the day, that sets the expectation of what kind of respect for the rule of law we should have. If the Prime Minister does not have any, then we can see that that lack of respect would go through the whole lot.

In 2019, Bill C-75 was brought forward by the government. In that bill, the government removed a lot of the mandatory minimums and set sentencing to be either a fine or a summary conviction of up to two years. Again, that diluted the rule of law in this country. Many of the things on the list were egregious, such as kidnapping and some terrorism offences. There were a whole list of things that the government reduced to a fine or a summary conviction of less than two years, which is a slap on the wrist.

In 2022, the Liberals brought in Bill C-5. This was something that has led to further erosion of the rule of law. I want to read a couple of things just so people can understand the impact of all of this. Many of the comments were made by my friend, the member for Kamloops—Thompson—Cariboo, who himself was a very experienced prosecutor when he came to this place. He said, when it comes to the different rules that were introduced, there were some that did not help. When former justice minister, David Lametti, introduced Bill C-5 in November of 2022, he described it as giving those who made small mistakes a second chance at life. The bill was really about eliminating mandatory minimum sentences for second and third convictions of serious gun and drug crimes.

We see that this continual erosion of the rule of law has led us to where we are today with the green slush fund. We know that the whistle-blower said there was criminality, and we see a number of subsection 119(1) violations. For those who do not know what that part of the law is about, subsection 119(1) says that no holder of public office can take an action that benefits themselves or their family.

We can see numerous issues with the green slush fund when people took these actions. Some of them were were at the cabinet table. The Minister of Environment and Climate Change took an action as a cabinet minister to approve money, from the $400 million that was in the slush fund, to go to Cycle Capital, which he owns 270 million dollars' worth of. That company tripled its value, and that is a direct benefit to him. I will allow the RCMP to do its good work investigating.

We saw a similar problem with the WE Charity scandal when the Prime Minister was taking an action that benefited his mother, his brother and his wife. Now we see in the “other Randy” scandal that, while at the cabinet table, the former minister took an action to give money to a company that he was a 50% shareholder in. I see that the police are investigating that, and I expect them to come to the conclusion that any reasonable individual would come to.

As such, the introduction of all of these laws to chip away at the rule of law to allow criminals to go back on the streets has an impact, and I want to talk about what that impact is. Since the time these Liberals took power in 2015, homicide is up 33%; auto theft is up 39%; theft over $5,000 is up 49%; identity theft is up 121%; child sexual abuse is up 141%; human trafficking is up 210%; extortion is up 429%; child pornography is up 565%; and sexual assault is up 75%.

There is an impact when we remove the rule of law and the consequences that are put in place to disincentivize criminals from repeat offending. Many Order Paper questions have been asked to find out what is happening with catch and release and giving the least restrictive bail. It is said that one-third of homicides committed in Canada are committed by somebody who is out on bail for a previous violent offence. I want to speak to some of the human cost to that.

There was a shootout in Toronto, and of the 23 suspects collared, according the sources, one was wanted for an unsolved murder and four were free on bail conditions.

Here is another one: A gentleman was facing an attempted murder and gun charge and allowed out with an ankle monitor, which he cut off. Durham Radio News reports:

They say the man was ordered to wear a GPS ankle monitor after being let out on bail in September 2023 while his case was before the courts, but he cut it off and fled.

[He] is currently before the courts for:

two counts of Attempt to Commit Murder Using a Restricted Firearm...

Careless Use of Firearm

Possession of Weapon for a Dangerous Purpose

Unauthorized Possession of a Firearm

Unauthorized Possession of a Weapon

Knowledge of Unauthorized Possession of a Firearm

Possession Prohibited or Restricted Firearm with Ammunition

Use Firearm While Committing Offence

two counts of Possession of Schedule 1 Substance for the Purpose of Trafficking

Who thought it was a good idea to let a guy like this out with an ankle bracelet?

Similarly, there is a 36-year-old Montreal man who was let out on bail after allegedly uttering death threats against his partner. He is now accused of murdering her on the south shore.

Here is another one from CTV News:

Authorities have issued a public warning after a 19-year-old man facing multiple criminal charges, including two counts of sexual assault, was released on bail in Vancouver.

In a news release, the Vancouver Police Department said Bryce Michael Flores-Bebington poses a “risk of significant harm to public safety in relation to alleged unprovoked physical and sexual violence against strangers.”

This guy is a danger to the public and they had to issue a warning to the public about him. Who thought it was a good idea to let this person out on bail?

It was not a good idea, but the Prime Minister and the Liberal government has continued to allow criminals off to reoffend. Let us look at some of the most heinous examples, starting with Paul Bernardo.

I am from St. Catharines. I was born there. I went to school with Kristen French's brother Brian. I lived a block and a half from where they lived, and I walked the same street where Kristen French and Leslie Mahaffy were taken every single day of the five years I was in high school. I followed this case, and it was disgusting what was done to these girls and the many other victims. He deserved to be in maximum-security prison but, under the Liberals, they put him in minimum security, where there is hockey and tennis. I am sure that he is having a much better time there. When he comes up for his parole hearing, they will not even allow the victim's family to attend. That is what the Liberal government has done to the rule of law in Canada.

Let me give another example. Let us talk about Terri-Lynne McClintic and Michael Rafferty. These two sickos took an eight-year-old Tori Stafford and they sexually assaulted her and murdered her. They are child killers. Yes, they were in maximum security until eventually Terri-Lynne McClintic was let out into a minimum-security healing lodge. It was not until the Conservatives found out and made a big stink about it that they put her back into a more secure prison. As soon as our back was turned, where did she go? She is now in a townhouse in a minimum-security facility next door to a mothers-with-children program. Members have heard that right. Terri-Lynne McClintic has access to children while in prison, and she is a child killer.

This is the undermining of the rule of law that the Liberal government has done. It is totally unacceptable and we see the results on our streets. For over a year, we have seen pro-Palestinian, pro-Hamas illegal protests blocking roads, calling death to Jews and death to Canada, and burning our flag. All the while, what is being done from an enforcement point of view? Nothing has been done. There have been very few arrests. There was an incident in Montreal with thousands of people rioting, and there were three arrests. They will probably be out on bail before we know it. It is an undermining of the rule of law. It is also letting people into the country who are criminals and terrorists.

It has been admitted by the immigration minister that there was a period of time where, because of the backlog, they stopped doing security checks on people who were coming into the country. We have seen how that goes. They also decided to let 3,000 Gazans in when none of the other countries around would take them because of concerns about their links to Hamas, which is a designated terrorist organization. Canada brought them in. We have seen ISIS terrorists who were brought in through our immigration program.

This lack of respect for the rule of law extends to other departments that are inviting chaos into the country. When people want to become Canadian citizens, there are three things that they have to promise to do. The first is to obey the rule of law in Canada. It is one of the things that is part of any visa that we come to the country on, such as a tourist visa or work permit. Every one of these illegal protesters should be charged if they are Canadian citizens. Their files should be flagged if they are permanent residents so that they cannot become Canadian citizens, because they are not upholding the rule of law in Canada. They are part of the problem and not part of the solution.

I am sure our neighbours across the aisle here will decide that I am a racist. I am not a racist but I am about the rule of law applying equally to all. If I get up and I block a road, I know that they are going to arrest me in a New York minute. If I commit a crime, I am going to get arrested, but that does not seem to be what is happening.

In Toronto, there was a protest. Protesters were calling death to Jews. They were harassing them in their own neighbourhood. One of the Jewish women went to the police and said to arrest these people. The police said that there was nothing they could do. What is the point of having laws if we do not enforce them? The federal government puts the rule of law in place. The federal government has a responsibility. If the rule of law is not being enforced by the police, it can be escalated to the RCMP. The military can be brought in.

We know, in the peaceful protest of the freedom convoy, that Liberals decided to declare the emergency measures act, which was deemed illegal because it did not meet the threshold.

What is the threshold? There has to be violence taking place across the country. We can check that box. There has to be proof that there is foreign interference. There has been a lot of proof about the Iranians backing up the pro-Palestinian protests, so we can check the box there.

It has to be beyond the resources of the police and the existing lots, so I would argue that maybe it is time to revisit that whole one. Of course, right now, even though it was declared illegal, not a single one of the individuals who voted for it is seeing any consequence at all while they appeal the process, whereas I, if I committed a crime, could appeal from prison. Again, that is not acceptable

Now we know that the reason that the government will not produce the documents is that there is criminality; there is something to hide there. It is not the first time. We have seen this pattern of behaviour before. We saw it with respect to the Winnipeg lab documents, where what was being hidden was the fact that we were complicit with the Chinese military in providing it with viruses to work on developing bio-weapons. What did the Liberals do to keep that from coming forward? Well, first of all, it was the usual: They redacted the documents, claimed national security, and did not give anything. Then, they sued the Speaker of the House to keep the Liberals from coming forward with these documents. It has dragged out for years and we may be here for years, holding them to account on this slush fund.

We saw it as well with respect to the WE Charity scandal. Clearly, there was something going on there that would have been a violation if the evidence came forward, but the Liberals claimed cabinet confidence and all of these kinds of things. When it got hot, they decided to prorogue and call an election so that they could go back to square one. It is a pattern of behaviour of not only undermining the rule of law in this country, but of obstructing when we are trying to get to the bottom and find criminality. That, again, is not a surprise to me when I look over there from the Prime Minister on down to his cabinet ministers and to many other individuals who have been in the Liberal government here during my term. Since 2015, we had Joe Peschisolido, whose law firm was accused of money laundering; Raj Grewal, charged with fraud; and multiple RCMP and police investigations that continue to go on today. We have the minister from Edmonton who is under investigation by the police and there are a number of fraud suits against the company that he was involved in. Therefore, it is not a surprise, but it is unacceptable.

The good news is that it was not like this before the Prime Minister arrived with the Liberals who are corrupt and it will not be like that when we get rid of them. We common-sense Conservatives would come with a plan to stop the crime. We would stop the gun crime by upping the security at our borders to keep out the smuggling of illegal guns that the police associations are saying is 85% of the gun crime. We would bring down the number of car thefts by doing more scanning at the ports. We have plans that would get the hard drugs off our streets and it would be jail, not bail, for repeat violent offenders. That is what we need in this country. We have good laws, but we have to start enforcing them. We cannot keep reinforcing to criminals that they can commit a crime without any consequences at all, which is essentially what happens when they commit a crime and are out again in the afternoon to commit another crime. We have all heard the statistics about the 6,000 crimes that were committed in Vancouver in one year by 40 individuals. I would argue that to take those 40 individuals off the streets, away from where they are damaging the public, is the wiser way, the common-sense way and it is something that we would do.

Again today, I call on the government to produce the papers and give them to the RCMP. It is the right thing to do. It is the way we would uphold the rule of law and not be secretive and not try to hide wrongdoing. If we do not do that, we will continue to be here on this side of the House speaking out against corruption and a lack of accountability in the Liberal government. We will make sure that when we become government, we restore accountability, restore the rule of law, and uphold and enforce the rule of law.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 22nd, 2024 / 1:25 p.m.


See context

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is always an honour and a pleasure to bring the voices of Chatham-Kent—Leamington to this chamber.

My colleague before me lamented the fact that he had to speak twice on this. I will add to the lament, as this is my third time rising, because the government is not listening to ordinary Canadians as they are represented in this chamber.

Before I get into the substance of my speech, I want to take a moment to recognize the efforts of 40 extraordinary Canadians, for that is truly what ordinary Canadians are, for bringing the peace train to Ottawa two nights ago. MPs from a cross-section of this chamber, representing a cross-section of philosophical paths to peace, from our military veterans and peacekeepers to our peaceniks, all agreed on the message represented by the peace train participants: that Canada should do more for peace in our world.

It has been said many times that war is a failure of statecraft. We thank these folks for reminding us to invest more, in many ways, for peace.

Speaking of state and government failures, here we are again because the current government is ruling like an autocratic regime rather than a parliamentary democracy. Of course I am referring to the green slush fund and the Liberal refusal to hand over documents as ordered. The government is not being accountable on any front.

Today we are talking about the subamendment that is to be added to the amendment, and it reads as follows:

...except that the order for the committee to report back to the House within 30 sitting days shall be discharged if the Speaker has sooner laid upon the table a notice from the Law Clerk and Parliamentary Counsel confirming that all government institutions have fully complied with the Order adopted on June 10, 2024,—

That is my birthday.

—by depositing all of their responsive records in an unredacted form.

In other words, the government does not have to report back to the House if it actually complies with the ruling of the Speaker's office. At issue, of course, is the Auditor General's finding that the Liberal appointees gave 400 million tax dollars to their own companies, involving 186 conflicts of interest. This is about 400 million wasted taxpayer dollars while Canadians cannot afford to eat, heat or house themselves.

The NDP-Liberals must end the cover-up and make the unredacted documents available, as ordered by the Speaker, so Parliament can get back to working for Canadians.

Let us review a few of the facts. The Speaker ruled that the NDP-Liberals violated a House order to turn over evidence to the police for a criminal investigation of the latest Liberal $400-million scandal, but why the cover-up? Why would they allow Parliament to be incapacitated rather than address the issues that Canadians really and truly care about, like the doubling of housing costs, food inflation, crime and chaos?

On the crime front, the government has made a mockery of our justice system. Terri-Lynne McClintic, who abducted, and then assisted her boyfriend in the sexually motivated killing of, eight-year-old Tori Stafford in 2009 was allowed to be in the presence of children through a mother-child program at a women's federal penitentiary. It is hard to even fathom. Where is the accountability? I spoke so much about accountability in my previous two interventions.

Time after time, the government has revictimized victims, just as it did when it allowed Paul Bernardo to be moved out of a maximum-security facility. The government created the problem by passing Bill C-83, which ensures that even the worst of the worst, like Paul Bernardo, Luka Magnotta and Terri-Lynne McClintic, must be incarcerated in the least restrictive environment.

The Prime Minister has unleashed a wave of crime across the country with disastrous policies like Bill C-5, which took away mandatory jail for violent crime and allowed sex offenders to serve their sentences in the same home as their victims, under house arrest. Bill C-75 also made it easier for repeat violent offenders to be given bail. While the Liberals are concerned about heinous criminals being given a less restrictive environment, Canadians suffer the consequences of unrestricted crime and chaos. Again, the victims of crime are revictimized.

The government must be held to account for its failures. It has allowed Parliament to be paralyzed by its refusal to be transparent about the SDTC documents. Its own self-interest supersedes all other issues in their minds. Refusing to hand over the documents is an affront to Parliament. What is so bad that the government would go to such lengths to hide it?

Why would the government not instead focus on the food inflation it has caused? Food bank use has doubled. Wholesale food prices in Canada have risen 36% faster than wholesale food prices in the U.S., a gap that has opened up since the introduction of the carbon tax. Sadly, now there are two million people lined up to feed themselves and their families at food banks. Our economy is teetering on the brink, but the worst is yet to come.

The coalition government voted for and legislated the quadrupling of the carbon tax to 61¢ a litre. In Ontario alone, Feed Ontario revealed last September, a record one million people visited a food bank in 2024. This is a dramatic increase of the 25% from the previous year, with Feed Ontario's CEO telling the media, “I never thought I would see this day”. She went on to say that she had been with the organization for almost 15 years and never thought it would see this level of demand. She cannot believe it has reached a point where the numbers are so dramatically high. However, the Liberals seem oblivious to the suffering.

In a parliamentary democracy, Parliament is supreme. If a citizen finds a certain law repugnant, their only option is to mobilize a change in Parliament, for example by campaigning in favour of a certain issue, by joining a political party or by standing for office, such that Parliament changes that law. Citizens who disagree with the law of this land and believe that their rights have been violated can push for political change.

The rule of law is crucial in a democracy because it ensures that everyone, including government officials, is subject to the law. Key points about the rule of law in a democracy include equality before the law regardless of social status, checks on power, and holding the government accountable, which is a fundamental point in the rule of law. Other key points are the protection of rights; social sustainability, where citizens trust the law will be applied fairly; and economic development. A strong rule of law fosters a predictable business environment, encouraging investment and economic growth.

It is evident that the government believes that it is above the law and above the sovereignty of the chamber. Holding leaders accountable for serious wrongdoings is a hallmark of democracy. That is why we are here today. Again I ask, where are the documents? What is in them that is making the Liberals so afraid of the Canadian public's finding out?

To the matter at hand, let us talk for a moment about what the Sustainable Development Technology Canada fund could have done with respect to research and innovation, and in particular, for a moment, with the energy sector. If colleagues would please indulge me, I will come back to the direct issue of the corruption at hand in a moment. I have often talked about this next sequence in round tables at town halls that I host.

If we think back to the creation, development and increase of wealth in our western world, it has largely mirrored the increase and the densification of our energy. When we came out of the caves, we kept ourselves warm and heated our food with wood. Over time we moved to charcoal and coal and on to fossil fuels. Today we have nuclear energy. Potentially tomorrow we will have hydrogen. Each one of these sources of energy has come with its own set of environmental consequences. As we have moved to a new path to that densification of energy, we have found ways of reducing and eventually removing, hopefully, environmental consequences.

There is a question I often ask when I am hosting round tables. We often hear the opposition speak of fossil fuels, their use and a hope for the day of peak oil. Here is my question: When did the world achieve peak coal? I do not mean the metallurgical coal we need for steelmaking. When did the world hit peak use of thermal coal?

I often ask this question at home, and I get responses from my constituents. Some say it was probably during the 1870s, during the Industrial Revolution. Maybe it was in the roaring twenties in the lead-up to the great crash, or more recently, after the green revolution of the 1970s. However, our world hit peak coal, the record use of fossil fuels in the form of coal, in 2023, and we are going to break that record this year.

Why is that important? Coal has twice the greenhouse gas emissions of liquefied natural gas. If Canada truly wanted to address greenhouse gas emissions that had a material effect on the world, we would be championing the sale and use of our clean and ethically produced liquid natural gas. We had 15 projects on the books 10 years ago. That is not what the government has done.

We have had the world come asking for that energy. Instead, the government has introduced a carbon tax, and while it might make someone feel good by patting themselves on the back that they are doing something, Canada produces 1.5% of the world's greenhouse gas emissions.

Weather and climate are a worldwide phenomenon. If we wanted to impact greenhouse gas emissions on a worldwide scale, we could. A carbon tax is not going to do it. We could, not as an end goal a century out but as an interim step, reduce greenhouse gas emissions from a material perspective and fund our own wealth as we transition our economy over to even more environmentally benign technologies. That is what we could be doing.

There was a fund set up to direct energy, investment and innovation in that direction. The Auditor General took a look at it back in 2017 and that fund was working well then. However, here we are today. I will end in a few minutes after already speaking for an hour to the corruption that has come from the government, but I will note that if we wanted to do something, that is where the fund could truly be making a difference. Instead, we are here talking about corruption.

I have spoken at great length in the House about the lack of accountability and about the endemic corruption of the government. There was a lack of accountability by the former employment minister. After months of Conservative prosecution, he finally resigned. There have been allegations of fraud, of being involved in a private business while sitting at the cabinet table and of fake indigenous claims, and they were not enough to remove him from cabinet for months. Why is this behaviour seemingly endemic in the government?

Earlier this week, the Prime Minister defended the former minister and claimed, “I'm happy that he is continuing to lead on issues around jobs and employment and represent Alberta in our government.” It is now clear that the Prime Minister knew about the crime and corruption the other Randy was engaged in the entire time. That was not enough to remove him. He knew about the double identity but chose to look the other way. The Prime Minister knew that the member for Edmonton Centre was operating his own business while sitting at the cabinet table.

Members may remember that the former minister had the nerve to testify that the Randy referenced in texts was not him but another Randy who just happened to work at the company he has a 50% ownership stake in. His business partner has refuted these claims, stating now that he was the only Randy who worked at that company. I guess he thought if the Prime Minister was backing him, he could get away with it. After all, the Liberals have gotten away with a litany of scandals over their rocky nine-year tenure in government.

The Prime Minister knew he was falsely claiming to be indigenous to steal money from indigenous people. After firing a legitimate indigenous justice minister for upholding the rule of law in Canada against his wishes, the Prime Minister decided to protect a corrupt, fake indigenous minister. There is a double standard when it comes to the Liberals: They expect the rest of us to be responsible for our actions, but they are not accountable for theirs. Everything from Frank Baylis and the $273-million scandal to the former minister Navdeep Bains getting an executive position at Rogers after the government green-lit the Rogers-Shaw merger.

It is unconscionable. Every member of the House of Commons swears an oath to uphold the democratic institution of Parliament. Parliament is the foundation our nation was founded upon; it is a firm and solid base. As we come here to work every day, we are witnessing the rebuilding of Centre Block. The government is spending between $4.5 billion and $5 billion in part to provide a firm and solid foundation under that national treasure.

There is an old hymn whose refrain goes like this:

On Christ, the solid Rock, I stand;
All other ground is sinking sand,

When we build a home, the foundation is arguably the most important part. Without a firm foundation, Centre Block would not be secure. Our security in a democracy is the firm foundation that our country was built upon. It provides the stability upon which we stand. When a democratic government rules as if it were a dictatorship, the supremacy and the stability of Parliament is lost. Freedom is not free.

Over 118,000 Canadians have died in military service for our country to keep this “land glorious and free”, a predominant line in our national anthem. It is time the government adhere to the principle of the rule of law in Canada. The fundamental principle of the rule of law means that everyone is subject to the same laws and no one is above the law. The rule of law is based on the idea that laws should be applied fairly and equally to all people, regardless of their power, wealth or societal position. It is time to restore accountability and democratic freedom in Canada.

Conservatives will continue to hold this government accountable and demand that the documents be released in an unredacted form. When will the government call a carbon tax election so that Canadians can vote out this out-of-control, corrupt government and vote in a common-sense Conservative government that will axe the tax, build the homes, fix the budget, stop the crime and bring home lower prices for all Canadians? For our home; for your home, Mr. Speaker; and for my home, let us bring it home.

Public SafetyOral Questions

November 22nd, 2024 / 12:05 p.m.


See context

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, the Liberals' Bill C-83 allows serial killer Paul Bernardo to be transferred out of maximum-security prison, and Liberal policy allows child killer Terri-Lynne McClintic to have access to children through a mother-child program. This is shameful. The Liberals' “soft on heinous killers” policies are devastating to the victims' families. Will the government immediately reverse these policies?

Public SafetyOral Questions

November 21st, 2024 / 2:20 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, violent criminals are first, victims second. That is the Prime Minister's motto. Sexual psychopaths like Paul Bernardo and Terri-Lynne McClintic get to play tennis and live comfortably in lower-security prisons while victims serve psychological life sentences. This happens because of Bill C-83. The Prime Minister says that everybody in jail should be at the lowest level of security possible.

That begs this question: Why does the Prime Minister prefer criminals over victims?

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 11:05 a.m.


See context

Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Foreign Affairs (Consular Affairs)

Madam Speaker, I am pleased to be here today to contribute to this debate on the concurrence of a guns and gangs study that I was pleased to be part of at the public safety committee.

I am reflecting back on how, since just two years ago, times have changed. That study, which was on something that could have been quite controversial, ended up being one for which we had agreement amongst the members of the committee. We produced a report that the Conservatives actually agreed with when we tabled the report.

I find it surprising now that, here we are, two years later, and we have rhetoric and nonsense coming from the Conservative Party of Canada on a report that I am really proud of. At the time, I think that all of the members were very proud of it, especially of the way we were able to come together on an issue that is impacting our communities. Young people are joining gangs because of poverty and addiction. We know, and the report reflected this, that investments in communities can make a difference for these young people in whether or not they end up in the criminal justice system.

I am really disappointed that, once again, the Conservatives are trying to derail our current studies at the public safety committee. We are studying India and foreign interference, through which a Canadian was killed on Canadian soil, as well as Tenet Media and Russia's influence on misinformation in our country. This is something the Conservatives have tried to do repeatedly during both those studies. Today, they are trying to derail those two studies again. Twice we have had Conservatives move motions, once when we had the social media companies in to testify on Russia and once when we had national security experts there, and they were moving motions on completely unrelated topics.

These are issues that are impacting Canadians' lives. It seems like the Conservatives, much like their leader, who refuses to get the security clearance necessary to review, do not really want to study foreign interference. They make a big deal about having an interest in it, but they really do not.

There is a lot of revisionist thinking going on in this place as well. Bill C-83 passed, and I was proud to be part of the committee when we passed that bill, but the Conservatives keep referring to how the Liberal government brought in the least restrictive measures. It is funny that, when that bill went through committee, Conservatives did not oppose that clause, which was introduced by the NDP. Conservatives did not oppose the least restrictive clause on Bill C-83 when it went through committee.

However, now, with the revisionist history that has happened over the years, the Conservatives seem to think that they did. Perhaps they want to go back to just check the record of when that bill passed.

I am reading a book right now called Indictment by Benjamin Perrin. He was the man who shaped Stephen Harper's tough on crime policies as a special adviser and legal counsel to the prime minister. I want to read a quote from his book. He said, “In fact, I’d like to officially replace the term ‘tough on crime’ with ‘stupid on crime.’ It doesn't work. It makes us less safe, while costing a ton of taxpayers money.” To paraphrase former prime minister Harper's top guy on crime, he is saying tough on crime is tough on taxpayers and stupid on crime.

The Conservatives like to talk about how they want to keep Canadians safe, yet, time and time again, they have opposed smart gun control measures when we have brought them through the House. In Bill C-71, there was a clause that ensured that firearms would be forfeited to the Crown in cases of domestic violence.

I had a friend whose husband was abusing her, and he was a firearms owner. When she went to court, the judge said that he had to give up his guns. Do members know where those guns went? They went to his brother because there was no requirement at the time that those guns be forfeited to the Crown. My friend lived in fear because she knew that her husband knew where those guns were. We changed that through Bill C-71, something the Conservatives have said they are going to repeal. If my friend were to go to court today, those guns would go to the Crown, not to her husband's brother.

In Bill C-21, we put in three clauses to make women safer: subsection 6.1, which would make an individual ineligible to hold a firearms licence if they are subject to a protection order or have been convicted of an offence involving violence; subsection 70.1, which would oblige a chief firearms officer who has reasonable grounds to suspect that a licensee may have engaged in domestic violence or stalking to revoke the licence within 24 hours; and subsection 70.2, which would automatically revoke the licence of an individual who becomes subject to a protection order and requires them to deliver the guns to a peace officer within 24 hours.

In my opinion, that keeps Canadian women safer. It is unfortunate that the party opposite wants to revoke Bill C-21, which includes those provisions. It also includes provisions around assault-style weapons, something that was used at Polytechnique Montréal, and that anniversary is coming up on December 6. The Conservative Party still refuses to acknowledge that the individual who killed those women on that day was a legal gun owner at the time, much like the person who went into the Quebec City mosque and killed and injured people.

When we were studying Bill C-21, Blaine Calkins showed up in committee. Sorry, the member for Red Deer—Lacombe

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 10:05 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I move that the third report of the Standing Committee on Public Safety and National Security, presented on Monday, April 25, 2022, be concurred in.

I will be splitting my time with the member for Sturgeon River—Parkland.

Today, we are discussing a report from the public safety and national security committee about guns and gangs, and frankly, we have been on this for quite some time. We began this study over three years ago, and boy oh boy have things gone downhill since then regarding gangs, guns and gun violence in this country. In fact, over the last nine years of the Liberal government, gun violence has gone up 116%, despite all of the announcements and all of the promises. We see that every day in the headlines.

Violent crime has doubled in the past nine years. Sexual assaults are up 75%. Sexual violations against children are up 120%. Canadians may be wondering why their once safe neighbourhoods have become havens for criminals. Why do we keep hearing announcements from the Liberals that something will be done about gun violence yet it is getting worse?

One of the reasons is the soft-on-crime legislation the Liberal government continues to bring forward. In 2019, the Liberals brought forward Bill C-75, which was specifically to reform the bail system. Members may have heard about the bail system from police and premiers across the country, because in the last few years, police associations, police unions and premiers from every political stripe have been screaming for change from the Liberal government. Of course, that has been falling on deaf ears.

They are demanding bail reform because it is exhausting our police services. They are unable to keep up and keep our communities safe because of the catch-and-release policies brought forward by Bill C-75. They are rearresting the same repeat violent offenders every other day, who are apparently going without being held accountable under the current Liberal government. We can see that right in the legislation. The aim of Bill C-75 was to bring forward the least onerous conditions for bail. In essence, it made bail the default position for violent repeat offenders.

That was in 2019. Here we are a few years later, and the impacts of that legislation have really come home to roost. Gangs and those committing violent gun crime in our communities are getting off scot-free in the revolving door of the so-called justice system under the Liberal government.

That same year, we saw Bill C-83, which made changes to the parole system so that it was least restrictive. Some people may wonder what all these things mean. These are legal terms. Unless they are a Crown prosecutor, it is difficult to understand them. For Bill C-83, I will talk a bit about what the Harper government was doing. Remember that under the Harper government, violent crime went down 26% and there was a decrease in gun violence in Canada. However, since the Liberals have come in, there has been over a 50% increase in violent crime and, as I said, over a 100% increase in gun violence.

If we look at Bill C-83, we see the priority for parole. Again, this is about violent offenders in jail with reason: They have committed atrocities in neighbourhoods, have hurt innocent people, have used guns illegally and have been involved in gangs causing crime and chaos in our streets. Under the Harper government, the parole parameters were as follows:

the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act

The number one priority under Harper, under a tough-on-crime government that saw a decrease in violent crime among parolees, was for Correctional Services to use “measures that are consistent with the protection of society”. Under Bill C-83, under the Liberals, this was changed to the following:

the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders

The first priority became the least restrictive measures. That is important in a legal context. That signals to the Parole Board, corrections, judges and lawyers that the priority is the least restrictive measures.

Bill C-83 also facilitated, as we have heard, the movement of folks from maximum to medium to minimum security. For example, with Paul Bernardo, we have heard a lot about this in the last year. Bill C-83 helped facilitate his move from maximum security, where he should spend the rest of his days, to medium security. This bill has further permitted actions like that.

These bills have an impact. We debated them. The Conservatives fiercely fought these bills. We said this was going to happen and, of course, it did happen.

Since I have been elected, Bill C-5 has passed, in 2022. This bill, astoundingly, had soft-on-crime measures for criminals committing violent acts with guns. It removed mandatory prison time for individuals who commit drive-by shootings, robbery with a gun and extortion with a gun, or who discharge a firearm with intent to injure or use a firearm in the commission of an offence. All of these things had mandatory prison time. Someone who did a horrible crime and endangered their neighbourhood and community would go to jail for sure. They would be removed from society for a while, and rightly so, but Bill C-5 took away that requirement and, in fact, codified house arrest for a number of offences, like sexual assault. Someone can rape someone and serve their sentence in the comfort of their home. The priority of the Liberal government in bill after bill is making parole and bail easier to get for violent offenders and having less accountability and less jail time for people who commit gun crime.

We now have police associations across the country calling out the Liberals for their lack of action. Actually, that is not true. They have done a lot of things, have they not? They have done a lot of things on guns, but what they have not done is gone after the people responsible for gun violence. They have gone after people like me and the colleagues behind me, law-abiding citizens with firearms, which have been in Canada since its inception. They are part of our heritage of hunting and sport shooting and competing in the Olympics, and represent national pride.

That has been the target for the Liberals over the last nine years, people like us, innocent, law-abiding Canadians. They are the least likely to commit crime. Why is that? They are heavily vetted by the RCMP. They are tested. They are trained. We should take pride in our system, which ensures that only lawful, responsible people can own firearms. That is how it should be, yet those people have been the targets and punching bags, repeatedly, of the Liberal government.

Over and over, the Liberals fought election platforms targeting these people. Our hunters, like Grandpa Joe with his hunting rifle, have been the number one target of the Liberal government over the last nine years. Gang violence is up, violent crime is up and gun violence is up, and meanwhile, legislation after legislation is coming after lawful gun owners. That is going to cost the taxpayer billions of dollars.

We know about the Liberals' so-called buyback program, which is a misnomer because they are not buying back anything but confiscating lawfully owned property from lawful Canadians. So far, their confiscation regime has not taken one firearm from the hands of criminals and has already cost the taxpayer $100 million. It will purportedly cost, when all is said and done, as high as $6 billion. That is to go after Grandpa Joe while the Liberals, with their legislation, let criminals in and out of jail, with no jail time in many circumstances, and out early if they do finally get to jail for committing violent gun crime.

That is the priority of the Liberal government. That is why we are in this situation today. Those in Brampton, for example, see headlines every single day. The police, who are on the front lines risking their lives every day to protect society, saying goodbye to their families in the morning and praying that they come home, have to face these gangbangers every day. They know them on a first-name basis because they have arrested them so many times.

What are the police saying? They are saying that 85%, minimum, of the firearms and handguns smuggled in from the United States are being used in crimes. That is where the problem is coming from: violent criminals smuggling guns into Canada from the United States. We need to do better at our border. We need to ensure that police are being invested in. We need to ensure that legislative tools are being put in place that finally hold criminals accountable after getting off scot-free over the last nine years.

Ultimately, we will have a lot of work to do should the Conservatives get into government in the next number of months. Priority number one is going to be to stop the crime, cut taxes, of course, and finally make life more affordable. Stopping the crime is going to be a top priority for our government, finally holding criminals accountable. That is our mission, and we will fulfill that for communities and keep them safe.

Public SafetyOral Questions

November 20th, 2024 / 3:15 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, the Prime Minister decided to pass hug-a-thug Bill C-83, which allowed Paul Bernardo to leave maximum security for more luxury and freedom in a medium-security penitentiary. Now we learn that the Liberal government is blocking the family members of Paul Bernardo's victims from testifying in person at his parole hearing, where his release will be considered.

Under subsection 6(1) of the Corrections and Conditional Release Act, the minister could intervene to allow the victims to speak up. Why does he keep protecting Bernardo from the victims rather than the other way around?

Public SafetyOral Questions

November 20th, 2024 / 3:15 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, by passing Bill C‑83, the Prime Minister allowed Paul Bernardo to leave a maximum-security prison for a medium-security one.

Now we find out that the Liberal government has decided to bar the families of Paul Bernardo's victims from testifying in person at the parole hearings that could release this monster back onto our streets.

Why is the Prime Minister and his government stopping the victims from speaking out against Paul Bernardo's release?

Public SafetyOral Questions

November 19th, 2024 / 3:05 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, these living units are townhouses literally right next to each other. If they are going to screen people, why are they not screening the sex offender and killer who lives next door?

This is the time to show courage and not cowardice, and the minister is doing the complete opposite. This comes back to Bill C-83, which allowed people such as McClintic, Bernardo and Rafferty to serve their sentences with the least restrictive measure.

Victims are owed an apology. Is the minister going to reverse these failed policies and get rid of allowing children to live with sex offenders?

JusticeStatements By Members

November 19th, 2024 / 2:10 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, the NDP-Liberal government has made Canadians unsafe. Its catch-and-release policies have caused violent crime to increase by 50%. Such legislation as Bill C-83 makes life even easier for violent offenders in prison; now, they must be incarcerated in the “least restrictive environment”. What that means is that an individual who abducted and then assisted her boyfriend in the sexually motivated killing of an eight-year-old girl in 2009 is now allowed to be in the presence of children through a mother-child program in a federal prison.

The Liberals have broken our justice system so thoroughly that sex offenders and killers, including those serving sentences for killing children, now have access to children in prison. Let us think about that. The government must be held accountable for its egregious failures.

A common-sense Conservative government will prioritize the rights of victims and the safety of all Canadians.

Public SafetyOral Questions

October 21st, 2024 / 3:05 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, it is bizarre that Canada's justice minister continues to blame the Quebec government for a crisis he created.

It was the Liberal government that tabled Bills C-5 and C-75. What is happening in federal prisons right now is because of Bill C-83. Everyone is complaining. Last year, even victims' groups like the Fédération des maisons d'hébergement pour femmes, the Maison des guerrières and the Communauté de citoyens en action contre les criminels violents supported us. Everyone from police officers to victims' groups agreed.

Why will the government not listen to us and kill Bill C‑5?

Public SafetyOral Questions

October 9th, 2024 / 2:45 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, during an interview this morning, the Montreal police chief clearly said that to solve Montreal's problems, he would need the laws and regulations to make it possible.

For the past nine years, all the government has done is pass bills like Bill C‑5, Bill C‑75, and Bill C‑83.

These laws have left criminals free to roam the streets of Montreal and all the other communities in Canada. They have no fear of the justice system or the police. Will the government listen to the Montreal police chief? Will it change the laws back to what they were when the Conservatives held power?

JusticeOral Questions

September 23rd, 2024 / 2:35 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, does the minister recognize that, since they made changes to the Criminal Code, including under Bills C‑5, C‑75 and C‑83, criminals are no longer afraid of anything?

Crime is running rampant in Quebec right now. A 14-year-old boy died in Beauce. Shots are being fired in broad daylight in Quebec City. The same thing is happening in La Baie, Saguenay, and elsewhere.

Will the government, supported by its Bloc Québécois friends, acknowledge its mistake and revert to an earlier version of the Criminal Code?

JusticeOral Questions

May 1st, 2024 / 2:40 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, he still will not clearly answer the question, which is doubly concerning because Toronto has been overtaken by crime and chaos since he brought in the catch-and-release policies under Bill C-375, Bill C-5 and Bill C-83. Violent crime is up 40%. We just heard the tragic story on Monday of a liquor store robber crashing into a family, tragically killing grandparents and a precious child. The assailant was out on bail.

Will the Prime Minister repeal catch-and-release?

Corrections and Conditional Release ActPrivate Members' Business

April 19th, 2024 / 1:30 p.m.


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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, thank you for giving me the opportunity to deliver a final reply in the debate on my private member's bill, Bill C-351, an act to amend the Corrections and Conditional Release Act regarding maximum security offenders.

I will not go into the details of the context surrounding the introduction of such a bill. I will simply point out that what prompted it was the news last June that serial killer Paul Bernardo had been transferred from a maximum-security prison to a medium-security one. It was news that shocked the public and forced the families and victims to relive their trauma. This bill seeks to ensure that maximum-security offenders remain in a maximum-security facility, where they deserve to be.

I would once again like to thank my colleague from Niagara Falls, who introduced a similar bill, as well as a motion calling for the immediate cancellation of Bernardo's transfer. Unfortunately, his motion was defeated.

I listened carefully to my colleagues' speeches, in the first hour of reading and today, and I have a few comments to make.

My Liberal colleagues mentioned that we do not care about women. Nothing could be further from the truth. Our Conservative Party has always stood with victims. Unfortunately, when it comes to dangerous offenders, the vast majority of victims are women. I also heard the Liberals say that we are using this bill to fearmonger. They falsely claim that we want to make people believe that offenders like Bernardo could end up being released. That is not the purpose of this bill at all.

The probability that such a dangerous criminal would be out on release is extremely low. However, the fact that he was transferred from a maximum- to a medium-security prison is something we want to prevent. I repeat, the very simple goal of this bill is to ensure that such criminals, given their horrific actions, are kept in maximum-security prisons, not in institutions where they would receive much more generous privileges. Most importantly, we want to prevent the families of victims from having to relive a trauma that no one would want to experience.

Other colleagues have also talked about rehabilitation. I heard someone say earlier that we do not believe in it. That is absolutely not the case. Our party does believe in rehabilitation, especially for young offenders. For some offences, a second chance is the way forward, but in the Bernardo case, for example, I am sure members will agree that rehabilitation is impossible. A second chance for such a monster is out of the question. We are talking about at least 1,000 inmates in Canada who are considered dangerous offenders.

As evidence of the current government's soft-on-crime attitude, the response to an Order Paper question submitted by my colleague from Kamloops—Thompson—Cariboo revealed that most of these offenders are serving their sentences in medium- or even minimum-security prisons. There are dangerous offenders in minimum-security institutions. That is what happens when a government does not have its priorities straight, when a government believes that the right thing to do is to offer dangerous criminals the least restrictive environment. That is what happened in 2019 with the passage of Bill C-83, which puts the comfort of criminals ahead of concern for victims' families. That is pure liberalism. That is the legacy of the Liberal government after nine years in power.

On this side of the House, we stand by the victims and not the criminals. That is why I introduced this bill and I am proud of it. Where the Liberals have failed, we will succeed. We will restore common sense in our justice and correctional system.

Corrections and Conditional Release ActPrivate Members' Business

April 19th, 2024 / 1:20 p.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, it has been almost a year since one of the most notorious serial killers in Canada was moved from a maximum-security prison to a medium-security facility under provisions of the NDP-Liberals' so-called justice legislation, Bill C-83.

This serial killer is infamous for his long string of rapes in Scarborough; the rape, torture and murder of his sister-in-law; and the rape, torture and murder of two very young, innocent girls from St. Catharines. We all know his partner in crime, his wife, Karla Homolka, skated with a 10-year sentence, despite actively participating in the crimes as per the videotape the police had in their possession. This rapist, this serial killer, this monster is Paul Bernardo.

Let me acknowledge the pain and suffering, and the repeated victimization, of the families of Leslie Mahaffy and Kristen French. I cannot imagine the pain that they live with everyday. God bless them.

After Bernardo, that monster, was found guilty of his crimes, the judge correctly sentenced him to life imprisonment as a dangerous offender, meaning he should have stayed locked up in maximum security until he died of old age. However, no, our current government, this woke bunch of MPs who are running our justice system, decided that Paul Bernardo is the real victim, a nice, fine, misunderstood fellow who deserves medium security.

The Liberals passed a law, Bill C-83, which explicitly tells police, judges and Correctional Services Canada to impose the least restrictive measures on a person as possible. In practice, this means that this monster, Paul Bernardo, now lives in a dormitory, has a tennis court and ice rink for recreation, and access to sharp instruments when he gets that urge to murder again. It is not even close to maximum security. That makes no sense.

On June 23 last year, I asked the justice minister, in this very House. why Paul Bernardo gets such special treatment. What was his answer? Of course, he did not answer at all. Instead, one of the Prime Minister’s attack dogs got up to say that, just because Paul Bernardo is a bad man, it does not mean the Liberals did anything wrong with their legislation.

Yes, everyone heard me right: the Liberals refused to take responsibility for their own actions. However, members need not worry. Since the current NDP-Liberal government refuses to take responsibility for its own actions, it will be the Conservatives who once again step up to the plate to fix the situation.

What would that fix? Bill C-351 is a bill introduced by my great Conservative colleague from Quebec. This legislation would fix the mess created by the Liberals in the Corrections and Conditional Release Act. It would amend section 28 of the act, which currently states, “If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment”.

That is what the Liberals have changed it to say. They made it as easy on the convicted criminal as possible. This is why Bernardo is getting all the special treatment.

My colleague's bill proposes to change that section to say, “ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions”. In other words, only make it easier on a convicted criminal if it is absolutely necessary. This legislation is making a significant fix through changing the words “least restrictive environment” to “environment that contains only the necessary restrictions”. While it is a simple language change, it is a massive policy change.

When it comes to crime and what to do with criminals who victimize Canadians, Conservatives, such as myself, my colleague and our leader, have very different approaches than those of the NDP-Liberal government. Conservatives believe that victims of crimes, those who are innocent, who have been terrorized in their own homes, have had their cars stolen, have been mugged on our streets, who have been are raped and those who have had family members murdered, should come first.

The NDP-Liberals have a very different approach than Conservatives do to crime. I believe in common sense. If a crime was committed, the criminal needs to answer. The woke, NDP-Liberal approach is that the criminal is the single most important person in the justice system. They believe, and they have written into law, that police, prosecutors, judges, jurors, and jailers must take into account diversity, equity, inclusion and critical race theory when dealing with criminals. They have put into place checklists. Does this criminal have any sort of skin colour, racial background, sexual identity or anything in their background that would warrant that criminal to walk away scot-free? If so, let them go. That is the NDP-Liberal approach to criminal justice.

This woke crowd does not care if a criminal has raped a woman, kidnapped a child or murdered a indigenous man because, in their minds, that so-called underprivileged criminal is more important than any victim can be. In their topsy-turvy world view, it actually sees those committing the crimes as the people who need to be cared for, while the actual victims continue to suffer over and over again.

Senator Kim Pate, appointed by the current Liberal Prime Minister, summed up the Liberal hug-a-thug position quite nicely last year when she addressed the Fredericton City Council. She said, “Canada’s criminal legal system is unjust, discriminatory and biased against indigenous people and people of colour.”

I agree that it has been unjust against indigenous victims of crime like those on the James Smith Cree Nation. The coroner's inquest, which was held in my home riding of Saskatoon West, by the way, was clear on the point. The man who murdered all those indigenous people on the reserve should never have been released in the first place. However, folks like Senator Pate do not particularly care about those victims, do they? Instead, they are making excuses for the inexcusable. Senator Pate is one of the many examples of what is absolutely wrong with NDP-Liberal justice.

Once a crime is committed, the criminal must be punished, period. That is why a common-sense Conservative government will bring in tough-on-crime legislation. We will lock up the criminals. We will stop the crime. “Diversity, equity, inclusion” and critical race theory approaches that lead to “hug a thug” and to repeat offenders will be swept away. Common-sense Conservatives will bring back mandatory minimums. We will crack down on the people who sexually exploit our children and on the people who peddle sexually explicit images of children on the Internet. Indeed, my Conservative colleague for North Okanagan—Shuswap brought in his private member’s bill, Bill C-291, to do this very thing.

We will take the issue of women being trafficked into sexual slavery seriously and not laugh it off as sex workers and body positivity, as men pay their pimps in order to abuse and demean women. My colleague, the Conservative MP for Peace River—Westlock has introduced legislation in the House to accomplish this through Bill C-308, an act respecting the national strategy to combat human trafficking.

We will ensure that men who commit violence against pregnant women face stiffer sentences. The NDP and the Liberals voted to kill the legislation, based on the justification that beating a pregnant woman senseless is just another form of abortion, almost as if that were a good thing. I would argue that the last thing a civilized country like Canada should do is beat pregnant women and not punish criminals properly for it. I proudly supported the legislation brought forward by my Conservative colleague, the member for Yorkton—Melville, that would have allowed the judge to consider pregnancy as an aggravating factor when sentencing someone who has beaten a pregnant woman.

Shall I give another example? Why not? Let us contrast, juxtapose and expose the soft-on-crime approach of the NDP-Liberals. My Conservative colleague, the MP for Selkirk—Interlake—Eastman, has introduced Bill C-296, the respecting families of murdered and brutalized persons act, which would make life imprisonment actually life imprisonment. That means that if someone commits—

Financial Statement of Minister of FinanceThe BudgetGovernment Orders

April 18th, 2024 / 10:50 a.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Madam Speaker, I am not finished.

I will continue in English. I want to share this great speech with English-speaking Canadians.

After nine years of the Prime Minister's deficits doubling the national debt and doubling housing costs and a new budget that brings in $50 billion of new unfunded spending on promises he has already broken, this budget, just like the Prime Minister, is not worth the cost, and Conservatives will be voting no.

Before I get into the reasons, and my common-sense plan to axe the tax, build the homes, fix the budget and stop the crime, I would like to pay the Minister of Finance a compliment for a page in her speech I thought was extremely illustrative. She said, “I would like Canada’s one per cent—Canada’s 0.1 per cent—to consider this: What kind of Canada do you want to live in?”

Before I go any further, let us point out the incredible irony that, as she and her leader point out, Canada's 0.1% are doing better than ever after nine years of the Prime Minister promising to go after them. Yes, they have benefited from the tens of billions of dollars of undeserved corporate welfare handouts and grants, ironically supported by the NDP; of corporate loan guarantees that protect them against losses in cases of incompetence or dishonest bidding; of contracts, of which there are now $21 billion, granted to outside and highly paid consultants, many of them making millions of dollars a year in taxpayer contracts for work that could be done inside the government itself if that work if of any value at all; and finally, of those grand fortunes that have been inflated by the $600 billion of inflationary money printing that has transferred wealth from the working class to the wealthiest among us. That 0.1% is doing better than ever after nine years of the Prime Minister pretending he would get tough on them.

Let me go on. I am interrupting myself. The Minister of Finance asked, “Do you want to live in a country where you can tell the size of someone’s paycheque by their smile?” Wow. How many Canadians are smiling when they look at their paycheque today? People are not smiling at all because a paycheque cannot buy them a basket of affordable food, according to Sylvain Charlebois, the food professor. He has said that the cost of a basket of food has gone up by thousands of dollars per year, but the majority of Canadians are spending hundreds of dollars less than is required to buy that basket. That means they are not getting enough food. We live in a country now where the average paycheque cannot pay the average rent, so nobody is smiling when they look at their paycheque.

The minister went on to ask, “Do you want to live in a country where kids go to school hungry?” According to the Prime Minister, one in four kids are going to school hungry after his nine years. I look here at a press release his government released on April 1, on April Fool's Day of all days, where he says, “Nearly one in four children do not get enough food”. In fact, it says that they do not get enough food “to learn and grow.”

No, we do not want to live in a country where kids go to school hungry, but according to the Prime Minister's own release, we do live in a country where one in four kids do go to school hungry. The Minister of Finance then said, “Do you want to live in a country where the only young Canadians who can buy their own homes are those with parents who can help with the downpayment?” No, we do not want to live in that country, but we do live in that country today.

According to data released by RBC Dominion, for the average family to afford monthly payments on the average home in Canada, the family would have to spend 64% of its pre-tax income. Most families do not keep 64% of pre-tax income because they pay so much in taxes. Therefore, most families would have to give up on eating, recreation, clothing themselves and transportation to be mathematically capable of making payments on the average home. For young people, it is even worse because they do not have a nest egg. They cannot afford a down payment that has doubled in the last nine years. That is why 76% of Canadians who do not own homes tell pollsters they believe they never will. Do we want to live in a country where the only young people who can afford a down payment are those whose parents can pay it for them? No. However, that is the country that we live in today.

“Do [you] want to live in a country where we make the investments we need in health care, in housing, in old age pensions, but we lack the political will to pay for them and choose instead to pass a ballooning debt on to our children?”

Are we living in the twilight zone here? These are the minister's words: Do we want to live in a country where we pass the bill on to our children with “ballooning debt”? She asks this as she is ballooning the debt by adding $40 billion to that debt. She asks this while giving a speech about the perils of passing ballooning debt to our children. She is the finance minister for the government that has added more debt than all previous governments combined in the preceding century and a half. It is worth noting that the Prime Minister has added his deficits as a share of GDP that are bigger than we had in World War I, in the Great Depression and in the great global recession of 2008 and 2009.

I should also note that the majority of debt that has been added under the Prime Minister was unrelated to COVID. The “dog ate my homework” excuse, of blaming COVID for all that is wrong in Canada, no longer works. I will add that we are now three years past COVID and the deficits and debt continue to grow, putting a lie to that entire endless, nauseating excuse that the government has made.

The Prime Minister has added so much debt that we are now spending more on interest for that debt than we are spending on health care; $54.1 billion in debt interest this year; more money for those wealthy bankers and bondholders who own our debt; and less money for the doctors and nurses whom we await when we sit for 26 hours in the average emergency room right across the country.

No, we do not want to live in a country that passes on a ballooning debt to our children, but after nine years of the Prime Minister, that is exactly the country in which we live.

The Minister of Finance asks, “Do [you] want to live in a country where those at the very top live lives of luxury?” Who does that remind us of? Somebody who flies around in a private jet to stay on secret islands on the other side of the hemisphere, where they treat him to $8,000 and $9,000-a-day luxuries, and he pays for it with the tax dollars of Canadians and emits thousands of tonnes of greenhouse gases into our atmosphere, somebody luxuriates in that way at the expense of everyone else. He shall remain unnamed because we cannot say the Prime Minister's name in the House of Commons, so I will not break that parliamentary rule. However, I do point out the irony.

I will start again. The Minister of Finance asks:

Do [you] want to live in a country where those at the very top live lives of luxury but must do so in gated communities behind ever-higher fences using private health care and private planes because the public sphere is so degraded and the wrath of the vast majority of their less-privileged compatriots burns so hot?

She says that the wrath of the majority of less privileged compatriots burns so hot. She is right that some people do not have the ability to live in gated communities, behind armed guards. Those people are told that they should leave their keys next to the door so that the car thieves can just walk in and peacefully steal their cars.

Communities across the country are being ravaged by crime, chaos, drugs and disorder. What she has described is exactly what is happening after nine years of the government. We have nurses in British Columbia hospitals who are terrified to go to work because the Prime Minister, in collusion with the NDP Premier of B.C., has decriminalized hard drugs and allowed the worst criminals to bring weapons and narcotics into their hospital rooms, where they cannot be confronted. We have 26 international students crammed into the basement of one Brampton home. We have a car stolen every 40 minutes in the GTA. We have 100% increase in gun killings across the country.

We have communities where people are terrified to go out. We have small businesses across Brampton and Surrey that are receiving letters weekly, warning them that if they do not write cheques for millions of dollars to extortionists, their homes will be shot up, and their children will have bullets flying through the windows as they are sleeping.

That is life in Canada today. Do we want to live in that country? No, we do not want to live in that country. After eight years of rising costs, rising crime and rising chaos, the Prime Minister is not worth the cost. We will replace him with a common-sense Conservative government that will bring home a country we love.

What does that country look like and how will we get there? Fortunately, we have a common-sense plan that will axe the tax, build the homes, fix the budget and stop the crime.

Let us start with the carbon tax that went up 23% on April 1. Now we see the raging gas prices at the pumps across Ontario. There is chaos as people are desperately trying to get to the pumps and fill up before the latest hikes go ahead.

The Prime Minister celebrates, saying that high gas prices are his purpose, and he has the full support of the NDP leader on most days, when the NDP leader can figure out what his policy is. The NDP leader has voted 22 times to hike the carbon tax. Both parties, along with the help of the Bloc, have voted for future increases that will quadruple the tax to 61¢ a litre, a tax that will also apply on home heating bills and, of course, a tax that applies to the farmers who produce the food, the truckers who ship the food and therefore on all who buy the food.

That is why common-sense Conservatives will axe the tax to bring home lower prices. We take exactly the opposite approach of the Prime Minister when it comes to protecting our environment. His approach is to raise the cost on traditional energy we still need. Our approach is to lower the cost on other alternatives. We will green light green projects, like nuclear power, hydroelectric dams, carbon capture and storage, mining of critical minerals, like lithium, cobalt, copper and others. We will do this by repealing the unconstitutional Bill C-69 so that we can approve these projects in 18 months, rather than in 18 years.

Here is the difference, the Prime Minister wants taxes, I want technology. He wants to drive our money to the dirty dictators abroad, I want to bring it home in powerful paycheques for our people in this country.

The same approach that will allow us to unleash energy, abundance and affordability is the approach we will take to build the homes; that is to say getting the government gatekeepers out of the way.

Why do we have the worst housing inflation in the G7 after nine years of the Prime Minister? Why have housing costs risen 40% faster than paycheques? It is by far the worst gap of any G7 country. Why did UBS say Toronto had the worst housing bubble in the world? Vancouver is the third most overpriced when comparing median income to median house price according to Demographia. Why? Because we have the worst bureaucracy when it comes to home building.

After nine years of the Prime Minister, Canada has the second slowest building permits out of nearly 40 OECD countries. These permitting costs add $1.3 million to the cost of every newly built home in Vancouver, and $350,000 to every newly built home in Toronto. Winnipeg blocked 2,000 homes next to a transit station that was built for those homes. The City of Montreal has blocked 25,000 homes in the last seven years. Literally hundreds of thousands of homes are waiting to be built, but are locked up in slow permitting processes.

What do we have as a solution? The Prime Minister has taken the worst immigration minister in our country's history, the guy the Prime Minister blamed for causing out-of-control temporary immigration to balloon housing prices, and put him in charge of housing. Since that time, the minister has said that his housing accelerator fund of $4 billion does not actually build any homes.

Since he has doled out all of this cash to political friends in incompetent city halls across the country, home building has dropped. In fact, home building is down this year and, according to the federal government's housing agency, it will be down next year and again the year after that. That is a housing decelerator not accelerator.

That is what happens when a minister is chosen because he is a media darling and a fast talker, rather than someone who gets things done, as I did when I was housing minister. The rent was only $973 a month for the average family right across the country, and the average house price was roughly $400,000. That is results. There was less talk and less government spending, but far more homes. That is what our common-sense plan will do again.

Our plan will build the homes by requiring municipalities to speed up, permit more land and build faster. They will be required to permit 15% more homes per year as a condition of getting federal funding, and to permit high-rise apartments around every federally funded transit station. We will sell off 6,000 federal buildings and thousands of acres of federal land to build. We will get rid of the carbon tax to lower the cost of building materials.

Finally, we will reward the working people who build homes, because we need more boots, not more suits. We will pass the common-sense Conservative law that allows trade workers to write off the full cost of transportation, food and accommodation to go from one work site to another, so they can build the homes while bringing home paycheques for themselves.

These homes will be in safe neighbourhoods. We will stop the crime by making repeat violent offenders ineligible for bail, parole or house arrest. That will mean no more catch and release. We will repeal Bill C-5, the house arrest law. We will repeal Bill C-75, the catch-and-release law. We will repeal Bill C-83, the cushy living for multiple murderers law that allows Paul Bernardo to enjoy tennis courts and skating rinks that most Canadian taxpaying families can no longer afford outside of prison.

We will bring in jail and not bail for repeat violent offenders. We will repeal the entire catch-and-release criminal justice agenda that the radical Prime Minister, with the help of the loony-left NDP, has brought in. The radical agenda that has turned many of our streets into war zones will be a thing of the past.

We will also stop giving out deadly narcotics. I made a video about the so-called safe supply. I went to the tragic site of yet another homeless encampment in Vancouver, which used to be one of the most beautiful views in the entire world. Now it is unfortunately a place where people live in squalor and die of overdoses. Everyone said it was terrible that I was planning to take away the tax-funded drugs and that all of the claims I made were just a bunch of conspiracy theories, but everything I said then has been proven accurate, every word of it.

I noticed that the Liberals and the pointy-headed professors they relied on for their policies have all gone into hiding as well. Why is that? It is because the facts are now coming out. Even the public health agency in British Columbia, which has been pushing the NDP-Liberal ideology, is admitting that the tax-funded hydromorphone is being diverted. The police in Vancouver said this week that 50% of all the high-powered hydromorphone opioids are paid for with tax dollars and given out by public health agencies supposedly to save lives. Now we know that those very powerful drugs are being resold to children, who are getting hooked on them, and the profits are being used to buy even more dangerous fentanyl, tranq and other drugs that are leaving our people face-first on the pavement, dying of record overdoses.

The so-called experts always tell us to ignore the bumper stickers and look at the facts. The facts are in. In British Columbia, where this radical and incomparable policy has been most enthusiastically embraced, overdose deaths are up 300%. They have risen in B.C. faster than anywhere else in Canada and possibly anywhere else in North America. The ultraprogressive state of Oregon has reversed decriminalization, recognizing the total chaos, death and destruction the policy has caused.

What does the radical Prime Minister, with the help of his NDP counterpart, do? They look at the death and destruction that has occurred in the Downtown Eastside of Vancouver and other communities and say we should have more of that. They took a walk, or better yet, these two politicians probably drove through the Downtown Eastside in their bulletproof limousines. They looked around at the people who were bent over completely tranquilized by fentanyl, saw the people lying face-first on the ground, saw the tents that the police would have pointed out are filled with dangerous guns and drugs, saw all the small businesses that were shuttered by this policy and said that we should have more of that. They want to replicate all the policies that have created it so that we can have tent cities and homeless encampments in every corner of the country.

That is exactly what they have done. In Halifax, there are 35 homeless encampments in one city after nine years of the Prime Minister, his NDP counterpart and the Liberal mayor of Halifax. If we look at every town in this country, we will find homeless encampments that never existed before the last nine years. This policy will go down in infamy as one of the most insane experiments ever carried out on a population. Nowhere else in the world is this being done. The Liberals gaslight us. They love to say that all the civilized people believe that giving out these drugs will save lives, but nowhere else is this being done. When we tell people this is happening, they have a hard time believing that we are giving out heroin-grade drugs for free to addicts and expecting it to save lives.

Now they spill into our hospitals, where nurses are told by the NPD government in B.C. and the Liberal government in Ottawa that they are not allowed to take away crack pipes or knives or guns. They are just supposed to expect that someone is going to consume the drugs, have a massive fit and start slashing up the hospital floor. This is something out of a bad hallucination and a hallucination that will come to an end when I am prime minister. We will end this nightmare.

We will also ensure that Canadians have a better way. We are not only going to ban the drugs. We are not only going to stop giving out taxpayer-funded drugs. We are going to provide treatment and recovery.

If people are watching today and are suffering from addiction and do not know how they can turn their lives around, I want them to know that there is hope. There is a better future ahead. We will put the money into beautiful treatment centres with counselling, group therapy, physical exercise, yoga and sweat lodges for first nations, where people can graduate drug-free, live in nearby housing that helps them transition into a law-abiding, drug-free life, and come back to the centre for a counselling session, a workout or maybe even to mentor an incoming addict on the hopeful future that is ahead. That is the way we are going to bring our loved ones home, drug-free.

As I always say, we are going to have a common-sense dollar-for-dollar law, requiring that we find one dollar of savings for every new dollar of spending. In this case, that will include how we will partly pay for this. We will unleash the biggest lawsuit in Canadian history against the corrupt pharmaceutical companies that profited off of this nightmare. We will make them pay.

Finally, we will stop the gun crime. We know that gun crime is out of control. Just yesterday, we saw this gold heist. By the way, all of the gold thieves are out on bail already, so do not to worry. They will have to send the Prime Minister a nugget of gold to thank him for passing Bill C-75 and letting them out of jail within a few days of this monster gold heist.

Why did they steal the gold? They stole the gold so that they could buy the guns, because we know that all of the gun crime is happening with stolen guns. The Prime Minister wants to ban all civilian, law-abiding people from owning guns, but he wants to allow every criminal to have as many guns as they want. I am not just talking about rifles. I am talking about machine guns, fully loaded machine guns that are being found on the street, which never existed since they were banned in the 1970s. Now the criminals can get them because the Prime Minister has mismanaged the federal borders and ports and because he is wasting so much money going after the good guys.

The Prime Minister wants to ban our hunting rifles. He said so in a December 2022 interview with CTV. He was very clear. If someone has a hunting rifle, he said he will have to take it away. He kept his word by introducing a 300-page amendment to his Bill C-21, which would have banned 300 pages of the most popular and safe hunting rifles. He only put that policy on hold because of a backlash that common-sense Conservatives led, which included rural Canadians, first nations Canadians and NDPers from rural communities. He had to flip-flop.

I know that in places like Kapuskasing, the law-abiding people enjoy hunting. While the NDP leader and the Prime Minister look down on those people and think that they are to blame for crime, we know that the hunters in Kapuskasing are the salt of the earth, the best people around, and we are going to make sure that they can keep their hunting rifles. God love them. God love every one of them.

While the Prime Minister wants to protect turkeys from hunters, common-sense Conservatives want to protect Canadians from criminals. That is why we will repeal his insane policies.

By the way, I should point out that he has not even done any of the bans. We remember that he had that big press conference during the election. He said to his policy team that morning that he needed them to come up with a policy that would allow him to put a big, scary-looking black gun on his podium sign. They said, “Okay, we will think of something.” He put that scary-looking gun on his podium sign, and he said he was going to ban all of these assault rifles. They asked him what an assault rifle was, and he said he did not know, just that it was the black, scary thing on the front of his podium sign. That was the assault rifle he was referring to.

It is now three years since he made that promise. He was asked again in the hallways what an assault rifle was. He said he was still working to figure it out. These rifles that he says he is going to ban one day, he does not know what they are but one day he is going to figure it out and ban them. In the meantime, he has spent $40 million to buy exactly zero guns from owners. He said he was going to ban them and buy them from the owners. Not one gun has been taken off the street after spending $40 million.

We could have used that money to hire CBSA officers who would have secured our ports against the thousands of illegal guns that are pouring in and killing people on our streets. When I am prime minister, we will cancel this multi-billion dollar waste of money. We will use it to hire frontline boots-on-the-ground officers who will inspect shipping containers and to buy scanners that can pierce inside to stop the drugs, stop the illegal guns, stop the export of our stolen cars and stop the crime.

What we are seeing is a very different philosophical approach. The finance minister said in her concluding remarks that what we need is bigger and stronger government. Does that not sound eerie? In other words, she and the Prime Minister want to be bigger and stronger. That is why they are always trying to make Canadians feel weaker and smaller. The Prime Minister literally called our people a small, fringe minority. He jabs his fingers in the faces of our citizens. He calls small businesses tax cheats. He claims that those who own hunting rifles are just Americans.

The Prime Minister points his fingers at people who disagree with him. He has the audacity of claiming that anyone who is offside with him is a racist. This is a guy who dressed up in racist costumes so many times he cannot remember them all. He has been denigrating other people his whole life. That is because it is all about him. It is all about concentrating more power and more money in his hands. This budget is no different. It is about a bigger government and smaller citizens. It is about buying his way through the next election with cash that the working-class people have earned and he has burned.

By contrast, I want the opposite. I want smaller government to make room for bigger citizens. I want a state that is a servant and not the master. I want a country where the prime minister actually lives up to the meaning of the word: “prime” meaning “first”, and “minister” meaning “servant”. That is what “minister” means. “Minister” is not master; “minister” is servant.

We need a country that puts people back in charge of their money, their communities, their families and their lives, a country based on the common sense of the common people, united for our common home, their home, my home, our home. Let us bring it home.

Therefore, I move:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“the House reject the government's budget since it fails to:

a. Axe the tax on farmers and food by passing Bill C-234 in its original form.

b. Build the homes, not bureaucracy, by requiring cities permit 15% more home building each year as a condition for receiving federal infrastructure money.

c. Cap the spending with a dollar-for-dollar rule to bring down interest rates and inflation by requiring the government to find a dollar in savings for every new dollar of spending.

Financial Statement of Minister of FinanceThe BudgetGovernment Orders

April 18th, 2024 / 10:20 a.m.


See context

Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Madam Speaker, after nine years and nine deficit budgets, the Prime Minister has doubled the national debt. He has added more to our debt than all the other prime ministers combined.

He has doubled the cost of housing and forced two million people to rely on food banks. Now, he is presenting a budget with $50 billion in additional inflationary spending, while repeating the same election promises he has failed to keep for a decade. That is why this budget and this Prime Minister are not worth the cost. We will be voting against this budget to show the government that we have lost confidence in it.

The Conservative Party has a common-sense plan: axe the tax, build the homes, fix the budget and stop the crime. Before I get into my common-sense plan, I would like to pay the Minister of Finance a compliment for asking Canada’s wealthiest some very good questions. She said, “I would like to ask Canada's 1%, Canada's 0.1%, to consider this: What kind of country do they want to live in?”

First, it bears mentioning that the minister and her leader do recognize that Canada's 0.1% are doing very well indeed after nine years of this Liberal government. They have benefited from enormous corporate handouts and grants—the biggest in the history of our country, in fact. They have received massive loan guarantees that protect them against losses from poor investments, which means that working class Canadians are left holding the bag. Millionaire businessmen like the GC Strategies contractors are surely part of the wealthiest 0.1% thanks to the gifts given them by this Prime Minister, such as the 100% increase in the number of outside contracts. In addition, by printing $600 billion of new money, this government made billionaires even richer. Lastly, the Prime Minister is a member of the 0.1%, since he inherited millions of dollars from his grandfather and placed the money in a trust that shelters it from taxes and protects it, just like those billionaires who invite him to their private island in the Caribbean. It was therefore a very good idea to put this question to the wealthiest 0.1% who are doing better than ever after nine years under this prime minister.

I am going to quote other questions that the minister asked them, including the following: “Do they want to live in a country where we can tell the size of one's paycheque by their smile?” After nine years of rising taxes, inflation and interest rates, Canadians are no longer smiling when they look at their paycheque, because it is disappearing. After nine years, Canada has the lowest personal income growth of any G7 country. Our GDP per capita is down from what it was five years ago. People have no reason to smile. Their paycheque does not buy them as much food or cover as much of their housing as it did nine years ago.

The minister also asked, “Do they want to live in a country where kids go to school hungry?” Obviously, the answer is no. However, that is the reality after nine years of this Prime Minister. According to the documents published by his own government, the Prime Minister admits that nearly one in four children go to school without food every day. After nine years of this Prime Minister, who taxes the farmers who produce our food and the truckers who deliver our food, a quarter of all children do not have enough to eat. We see today in the budget a promise to feed them. That promise was made in 2021, three years ago. How many meals have been provided since? Not a single one has been provided. After nine years of this Prime Minister, our children are going hungry.

The minister also asked, “Do they want to live in a country where the only young Canadians who can buy their own homes are those with parents who can help with the down payment?” That is the country we live in now, after nine years of this Prime Minister.

After nine years, he has doubled the cost of housing, doubled the down payment needed to buy a home and doubled the mortgage payment for an average home. Let us not forget that nine years ago, the average down payment was around $20,000. I remember because I was the minister responsible for housing at the time and it was possible to buy a home with a modest down payment of $20,000. Now, the down payment that is needed has doubled. Roughly 64% of the average monthly income is needed to pay the monthly costs associated with housing. That is nearly double what it was nine years ago. As a result, only the rich, only the children of the wealthy can buy a home right now.

“Do they want to live in a country where we make the investments we need in health care, in housing, in old age pensions, but we lack the political will to pay for them and choose instead to pass a ballooning debt on to our children?” I am quoting the Minister of Finance.

This Prime Minister is the one who doubled our national debt nine years after saying the budget would balance itself. He said he would run three small deficits totalling less than $10 billion. Now he has added nearly $700 billion to the debt, most of which has nothing to do with COVID-19 spending. He continues to rack up deficits of approximately $40 billion, three years after COVID-19. He can no longer say that the dog ate his homework and that the deficits are tied to COVID-19. He is choosing to go deeper and deeper into debt.

I would like to tell the minister that we do not want to live in a country where we leave our children with a growing debt, but that is the country we now live in after nine years under this prime minister.

“Do they want to live in a country where those at the very top live lives of luxury but must do so in gated communities behind ever-higher fences using private health care and private planes because the public sphere is so degraded and the wrath of the vast majority of their less-privileged compatriots burns so hot?” I am again quoting the finance minister.

That is the country that we are living in now after nine years under this Prime Minister. Yes, the wealthy, like him, have private planes. He uses his private plane more than anyone else, while he is forcing single parent mothers who dare to drive their Toyota Corolla to pay a carbon tax. He is spending taxpayers' money to take illegal vacations on private islands. He and his cronies are the ones benefiting from this, while things on our streets and in our neighbourhoods are worse than they have ever been. It is complete chaos. Auto theft has become so commonplace that the police are telling people to leave their keys next to the door so that the thieves will have an easier time of it. That is the country that we are living in after nine years under this Prime Minister.

Minister, do we want to live in a country where we can tell the size of one's paycheque by their smile? No, but that is the country we live in. Do we want kids to go to school hungry? No, but the government says that is the country we live in now. Do we want to live in a country where the only young people who can buy a home are those with rich parents? No, but that is the country we now live in after nine years of this Prime Minister. Do we want to live in a country where our children are saddled with more and more debt year after year? No, but that is the country we now live in after nine years of this Prime Minister. Do we want to live in a country where the rich, like this Prime Minister, can travel around the world in private jets, while the majority live in the chaos and hell of our crime-ridden cities? No, but that is the country we now live in.

We do not want that kind of country. That is exactly why we need an election to elect a new common-sense government, a government that will deliver the country we love for all Canadians.

Just for a minute, let us talk about the myth that they are very rich. Nine years ago, members will recall, the Prime Minister said that he was going to spend, spend, spend, that it would not cost anyone a cent, and that some rich guy on a hill was going to pay all the bills. Where is he?

After nine years of this government, the rich are paying less than ever. After nine years of this Prime Minister, and for the first time in our history, owning a home is beyond the reach of an entire generation. After nine years of this Prime Minister's promises to help the so-called middle class, the middle class no longer exists. The middle class is poor.

If anyone thinks I am exaggerating, I have one simple question: Can a middle-class person afford to buy a house today? It is mathematically impossible for a middle-class person to buy an average home. I am not the one saying it. According to the Royal Bank of Canada, it takes 63% of the average family's pre-tax income to pay the average costs of a home today. It is a mathematical impossibility. Nine years ago, it took 38% of a monthly paycheque to pay the mortgage. Now, it takes twice as much.

If someone cannot buy a house, they are not part of the middle class. One in four families cannot feed their own children—one in four, and that is from the government's own statistics. That family is not part of the middle class either.

Yesterday's budget tabled by the Finance Minister was a major admission of failure. She admitted that after nine years of her government, life is hell for the so-called middle class. Middle-class Canadians have become Canada's poor. This Prime Minister has presided over the worst decline in middle-class quality of life in the history of our country. Things may even be worse than during the Great Depression. That is not me saying this, that is the minister herself and the Prime Minister.

When the Prime Minister talks about the condition this country is in, he describes it as a living hell for the poor and for workers. He describes a hell for the children who do not have enough food to eat. He describes a country where the elderly cannot pay their bills.

It is as though he has not been Prime Minister for a decade. Waving a magic wand, he tries to convince us that this is his first day on the job. After nine years, the Prime Minister is right: Life is hell for the middle class, and it is because we have a Prime Minister who is not worth the cost.

Fortunately, it was not like that before this Prime Minister and it will not be like that after this Prime Minister. We will replace him with a common-sense government that will lower taxes, build housing, fix the budget and stop the crime. I will explain how we will do this.

First, Canadians pay more in tax than they spend on food, housing and clothing. That is how things are after nine years of this costly government. That is why the trend must be reversed. Spending must be brought under control so that taxes can be lowered and Canadians' paycheques can go farther. Workers, businesspeople and seniors must be allowed to keep more of their hard-earned money.

Second, more housing must be built. After nine years of this Prime Minister, we have less housing per capita than any other G7 country. That is because we have the worst bureaucracy. Our bureaucracy prevents housing construction, adds hundreds of thousands of dollars to the cost of each home and causes years-long delays. Among OECD countries, Canada is the second slowest to issue building permits. This adds $1.3 million to the price of each new home in Vancouver and $350,000 in Toronto. The City of Montreal prevented the construction of 25,000 homes. The City of Winnipeg prevented the construction of 2,000 homes next to a public transit station built specifically for these future houses. That is absurd. The federal government should not be sending $5 billion to municipal governments for them to build bureaucracies that prevent home building.

On the contrary, we must begin to encourage municipalities to allow more construction by freeing up land and authorizing construction more rapidly. Real estate companies are paid for each house sold. Builders are paid for each house built. We should pay municipalities for each housing unit approved. My common sense plan will require municipalities to allow 15% more construction per year and authorize the construction of high rise apartment buildings near transit stations funded by the federal government. That will be the condition to meet to receive this money.

We will do this by entering into agreements with the provinces, fully respecting their areas of jurisdiction and allowing them to achieve these results as they see fit, without federal interference. Then we are going to sell 6,000 buildings and thousands of acres of federal land to allow for more construction. We will also reduce taxes on housing construction to accelerate construction. This is a common-sense plan to return to a situation where housing is affordable, as it was nine years ago, when I was the minister responsible for housing.

Third, we are going to fix the budget by imposing a dollar-for-dollar rule. For each new dollar spent, my government will find a dollar of savings somewhere else. That is how we cap the cost of government to allow taxpayers and the economy to grow and reduce the size of the government relative to the country.

It is a decentralizing and responsible approach. This is how we will eventually balance the budget, reduce interest rates and bring down inflation.

I find it very ironic that the Bloc Québécois has voted more than once to increase the size of the federal government. It voted in favour of $500 billion in centralizing, inflationary and discretionary spending by the current Prime Minister. I am talking about the kind of spending that increased the size of the government and the number of federal employees by 40%. The Bloc Québécois voted to double spending for external consultants, who now cost $21 billion, in other words, $1,400 in taxes for each Quebec family just for consultants.

We understand why this Liberal centralist government would want to do that, but we do not understand why a so-called sovereigntist party would vote for such an increase and concentration of powers and money at the federal level. It makes no sense. It is because the Bloc Québécois does not want to free Quebeckers from federal costs. It wants to implement a leftist ideology born on the Plateau Mont-Royal. It just wants a bigger role for government, whether federal, provincial or municipal. The Bloc Québécois's leader is obsessed with more government, more costs for workers. We Conservatives want a smaller federal government for a bigger Quebec. We want less control by Ottawa and more power for Quebeckers. A smaller federal government for a bigger Quebec is simple common sense. We are the only party that will be able to do it.

At the same time, we need to eliminate inflation, which widens the gap between the rich and the poor. A monetary system of printing money naturally favours the wealthy. It is something the Prime Minister borrowed from the United States. The United States' monetary policy causes inflation year after year to inflate Washington's spending and to inflate shares on Wall Street. It is an alliance between Wall Street and Washington, between big companies and big government. Of course, it favours the wealthy. The people who live in Manhattan and Washington are the richest people in the country. This is due in part to the fact that the United States prints a lot of money to help both groups.

Here in Canada, for the first time, a Prime Minister tried to copy and paste that approach by printing $600 billion to finance his own spending. It caused the worst inflation since the time of his father, who did the same thing. What are the consequences? Those who have shares or investments in land that is ripe for speculation, in gold, or in exclusive luxury wines get richer. The value of their assets is inflated. Conversely, people who rely on a paycheque or pension get poorer. The value of their paycheque diminishes. It is a transfer of wealth from the poorest to the richest, and it is a benefit that often goes untaxed.

It is a benefit the Prime Minister keeps adding to day after day, causing this inflation. I would add that the people who receive these big financial gifts from governments often pay no taxes at all because they never sell their assets. They borrow money by using their assets as collateral to purchase more assets, whose value swells more with inflation, and then they use those assets to purchase even more assets, and so on. Wealth becomes concentrated in the hands of the infamous 1% or 0.1% of the population. This trend has been accelerating since the Prime Minister came to power, because it helps the wealthiest Canadians and also allows his government to indulge in uncontrolled spending. Both sides get what they want. The Prime Minister can spend the money he prints out of thin air, and the wealthiest benefit from the inflation of the value of their assets and their wealth. It is always the working class that ends up footing the bill for this irresponsible approach.

I will put an end to that. I will restore the Bank of Canada's mandate, which is to keep inflation low and the dollar higher. We will make sure that we do not print money just to spend it, because that is an inflation tax. It is an unjust and amoral tax. I will axe the inflation tax by fixing the budget. I want people to bring home more powerful paycheques.

Speaking of home, home is more dangerous after nine years of this Prime Minister, who automatically releases criminals on bail or allows them to be sentenced to house arrest, the “Netflix sentences” that he implemented with bills C-5, C-75 and C-83. These laws have allowed people to be released mere hours after their arrest so that they could commit more crimes. That is why street crime is surging all across Canada.

Yesterday we heard reports of a major shootout in downtown Montreal. There has been a more than 100% increase in the number of car thefts in Montreal, Toronto and other major cities. My common-sense plan will keep the most dangerous criminals in prison by making those with dozens of convictions ineligible for bail, getting rid of “Netflix sentences,” forcing car thieves to serve their sentences in prison, and not going after our hunters and sport shooters. If someone has a gun they bought legally after going through an RCMP background check, receiving training and passing tests to prove that they are a safe, responsible person, they will be able to keep it. However, if they are criminals, we will stop them from having guns. We will strengthen the border and our ports. We will scan containers to make sure that no weapons or drugs enter the country and that no stolen vehicles leave. That is the common sense needed to stop the crime and make our communities safe again.

We are going to implement a common-sense plan that will rebuild the country that we want, a country that is the opposite of what the Minister of Finance described in her speech. It will be a country where it pays to work, where everyone who works hard can afford to buy a home and put food on the table in a safe neighbourhood. That is what Canadians are entitled to and deserve, and that is what they will have with a common-sense government.

Corrections and Conditional Release ActPrivate Members' Business

February 9th, 2024 / 1:50 p.m.


See context

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, I am pleased to participate in the discussion on Bill C-320. As we reach report stage of this bill, I would like to express gratitude to the hon. member for Oshawa for bringing this important bill to the House.

Bill C-320 is an important piece of legislation aimed at increasing victims' understanding of corrections and conditional release. According to existing federal law, victims who share their contact details with the Correctional Service of Canada or the Parole Board of Canada and who meet the legal definition of victim are entitled to specific information about those responsible for harming them. This information includes key dates indicating when offenders may be eligible for review and release.

Should Bill C-320 be accepted, it would amend the law to ensure that victims not only know when offenders could be released but also, importantly, understand how officials determined those eligibility dates.

The government supports this legislation, and I encourage hon. members to lend it their full support. The purpose of this bill aligns with the government's commitment to upholding victims' rights to information while taking into consideration offenders' privacy rights.

Victims of crime and their families seek clarity, transparency and opportunities to have their voices heard within the justice system. Bill C-320 aims to provide the clarity and transparency they seek, offering victims of offenders more information about crucial eligibility and review dates in advance.

This legislation lets victims know that we hear them. It clearly aligns with our commitments to support victims' rights, including their need for information. This bill builds upon the progress made in recognizing and upholding the rights of crime victims in our country.

Over the years, governments of various affiliations and members from both sides of the chamber have taken actions to advance victims' rights. This evolution began back in 1988. At that point, the House endorsed a statement of basic principles of justice for victims of crime. Subsequently, federal laws provided victims with a voice at sentencing hearings, emphasizing their rights based on an increasing understanding of their needs.

The enactment of the Corrections and Conditional Release Act in 1992 first entitled victims to receive information about the offender who harmed them. In 2003, the government updated and re-endorsed the statement of basic principles, and in 2015, the Canadian Victims Bill of Rights became law, solidifying victims' rights in various ways.

Under the Corrections and Conditional Release Act, victims of crime are legally entitled to receive information on inmates' progress towards meeting the objectives set out in their correctional plan, to name a representative to receive information on their behalf, to access a photo of the person who harmed them prior to release and to receive reasons if the Parole Board of Canada does not impose any release conditions requested by victims. Moreover, victims can actively participate in Parole Board hearings, virtually or in person, presenting victim statements and requesting special conditions for an offender's release.

Recent legislative measures, such as Bill C-83, further strengthened victims' rights by making audio recordings of parole hearings available to all registered victims of crime. As well, the National Office for Victims, in collaboration with federal partners, continues to produce informative materials on sentence calculation rules that are available online.

The progress made is a testament to ongoing conversations among victims of crime, elected representatives and government officials. These conversations, embodied not only in Bill C-320 but also in recent legislative initiatives, such as Bill S-12, affirm our commitment to victims' rights. Bill S-12, which received royal assent on October 26 of this past year, seeks to connect victims of offenders with ongoing information and to enhance publication ban laws. In addition, the Correctional Service of Canada and Parole Board of Canada work tirelessly to raise awareness of victims' rights.

In the government's view, Bill C-320 aligns with these sensible, non-partisan and multi-generational advancements. Victims of crime and their families want clarity and transparency. They want a voice, and they want that voice to be heard. This is why I look forward to passing Bill C-320 in the House today, and I encourage other members here to join me.

Corrections and Conditional Release ActPrivate Members' Business

November 28th, 2023 / 5:45 p.m.


See context

Pickering—Uxbridge Ontario

Liberal

Jennifer O'Connell LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, I am happy to rise to speak to this bill, because it is crucially important that, in this country, we have a conversation about public safety and how inmates are treated, in the sense of maximum, medium and minimum security. I think it is something that most Canadians have not thought too much about, thankfully, in the sense that they have not had to experience the impacts of crime. What I find very challenging with this bill is the fact that Conservatives continually talk tough when it comes to public safety, but this is yet another example of how their tough talk actually relates to a more and more dangerous situation for Canadians.

The sponsor of this bill just ended by talking about women and women's rights, yet nothing in this legislation talks about them. I come from Pickering, right next to Scarborough. Memories of Paul Bernardo and his heinous crimes are something that women across this country are traumatized by. I will be very curious to see how many women on the other side speak to this legislation in the first place. When it comes to women's issues, one thing I remember from the crimes committed by Paul Bernardo was the complete lack of policing support for women who spoke out, who were victims of rape and assault. There is not a single mention of policing or of how to better serve women who have been victims of crime in this private member's bill.

I asked a question earlier in the House, as the members opposite were talking about their opposition day motion, about sending a note to the Senate to hurry up with legislation. However, not a single Conservative member spoke up in the House when there was legislation by their former leader, Rona Ambrose, on having training for judges for sexual assault cases. That legislation sat in the Senate, and not a single Conservative member wrote or spoke to the Conservative senators to have that bill passed. They came here today to say they speak on behalf of women and women's rights, but their actions say a completely different thing. Therefore, I want to talk about this private member's bill and why it actually makes women more vulnerable.

This bill is not just about one individual and their transfer. It actually impacts 921 current inmates, with 32% of those inmates being indigenous. The issues around the overrepresentation of Black and indigenous persons in incarceration would only be worsened by this legislation. I am going to get to that later in my speech; however, for those watching, it is important to remember that this bill impacts many more offenders than the one that the Conservatives want to speak about because the crimes he committed were so heinous, the country was traumatized.

The Conservatives want to use the most heinous criminal in our country as a way to implement reckless policies in the criminal justice system that actually will not keep communities safe. In fact, I submit to the House and Canadians watching that it will actually leave our communities less safe. Why is this? It is because of what the Conservatives fail to talk about, which is that there are different types of sentencing for the 921 inmates who would fall into the categorization that this bill speaks about. Among them, there are inmates who have a determinate sentence. That means the courts have heard their case, and the inmates have been sentenced to a certain amount of time to be incarcerated. Eventually, once they serve that time, they are back in the community.

This is certainly not the situation with Paul Bernardo, and I do not want anyone to misconstrue that. The Conservatives would love to use that to put fear in the hearts and minds of Canadians and Canadian women for their own policy agenda.

I want to stick to the facts. Individuals who serve their determinate sentence would one day, depending on the length of their sentence, be back in the community. However, based on this legislation, they would serve their sentence completely in maximum security, would have no programming for rehabilitation, would have no responsibilities, would have no assessments of whether or not they might reoffend and would have no programs in place to ensure that, once back in the community, there are conditions placed on them.

When the Conservatives talk tough on crime, they are weak on action. What this does for those who serve a determinate sentence is it releases them back into the community without any programs that would reduce their reoffending. It would, in fact, make their situation one where we could probably guaranteed they would reoffend. This is why countries around the world have determined that in criminal justice systems and corrections, rehabilitation programming is crucial to ensure public safety when inmates are released into the community. Then they have had significant programming and treatment to ensure they do not harm others again.

It is so irresponsible to bring up a heinous offender who, as the commissioner of the Correctional Service Canada said yesterday, has the highest, strictest sentence essentially in Canadian law, meaning Paul Bernardo will spend the rest of his life in prison. This bill does not speak to just that one individual. Imagine living in a community with a potentially violent offender who served their time but is just released into the public once the sentence is over. Time and time again, as we know, that does not keep our communities safe.

I could go on and on about how reckless Conservatives are, but with the remaining time I have, I want to read a quote related to the Conservative government about Mr. Sapers, who was the former corrections investigator during the Harper years. The Globe and Mail notes:

...the Conservatives [were] “tone deaf” on indigenous issues and “dismissive” of many of his recommendations....

The Conservatives passed dozens of bills, which imposed mandatory minimum sentences, changed parole eligibility, created new barriers to pardons and cut rehabilitative programming, among other measures.

He said the Conservatives did so without ever analyzing the impact. It goes to show the Conservatives have not learned anything.

The Conservatives also like to say the transfer of Paul Bernardo is in some way connected to Bill C-83 and the “least restrictive” clause. However, what Conservatives ought to know is that the “least restrictive” term was introduced by Conservatives in the 1990s by Brian Mulroney. As to the former Conservative language, Public Safety has issued quite publicly that the language around “necessary restrictions” would have also led to a transfer, which was decided by the independent Correctional Services. It said yesterday that the security and safety of the public can be maintained with this decision.

I know my time is over. I think what is most important is that the bill does nothing to keep Canadians safe. In fact, it would put more people at risk, because the Conservatives are reckless, just want to talk tough and do not do the work to make our communities safer.

Corrections and Conditional Release ActPrivate Members' Business

November 28th, 2023 / 5:25 p.m.


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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

moved that Bill C‑351, An Act to amend the Corrections and Conditional Release Act (maximum security offenders), be read the second time and referred to a committee.

Madam Speaker, I am very happy to rise in the House to speak to the private member's bill I introduced on September 18.

Bill C‑351 amends the Corrections and Conditional Release Act to require that inmates who have been found to be dangerous offenders or convicted of more than one first degree murder be assigned a security classification of maximum and confined in a maximum security penitentiary or area in a penitentiary.

I would like to begin by thanking my colleague from Niagara Falls, who introduced a similar bill last June. He is a strong advocate for victims' rights who worked long and hard to deliver the first version of this bill.

This bill differs from the previous one in one respect. It states that the act will come into force in the third month after the month in which it receives royal assent. This change was made to ensure that the bill is brought into force as soon as possible once passed.

No victim's family should ever again have to endure the trauma of seeing the murderer of a child, a parent, a brother or a sister. However, that is what happened to two families this year, which is what gave rise to this bill.

Everyone has heard of Paul Bernardo, the infamous rapist and serial killer. I will spare my colleagues the details of his absolutely horrific crimes, but he kidnapped, tortured and killed 15-year-old Kristen French and 14-year-old Leslie Mahaffy in the early 1990s near St. Catharines, Ontario. He also committed roughly 40 rapes and sexual assaults. He is a real monster.

On September 1, 1995, he was sentenced to life in prison and declared a dangerous offender. In our justice system, this means that he must serve a minimum of 25 years before he can apply for parole. He has applied twice since 2018. Fortunately, both applications were rejected by the Parole Board of Canada.

Donna French, Kristen's mother, addressed her daughter's killer. She quite rightly described their pain as a life sentence. She said that that is what they got and that a dark cloud always haunts them. She said a psychopath like him should never get out of prison.

This dangerous murderer deserves every day he spends behind bars, and that is where he needs to stay forever. Bernardo had been serving his sentence in a maximum security prison in Kingston since 1995, and that is where he should have stayed until the end of his days.

However, in June 2023, we were shocked to learn that Bernardo had been transferred from the maximum security prison in Kingston to La Macaza, a medium-security prison near Labelle in the Laurentians in Quebec. The day his transfer was announced, a huge shock wave rippled across the entire country, as people relived the horrific events that occurred 30 years before. The prison transfer was done on the sly. We found out about it through an announcement made by the lawyer of the victims' families. What is more, the families were informed of the transfer only the day of. Imagine the trauma that this caused for the families who had to relive this unspeakable tragedy.

According to the Correctional Service of Canada, that situation was in line with protocol. Okay, but the transfer in and of itself should never have happened. The families of the two victims were right to condemn this situation. The families' lawyer said that the victims' families had asked that Bernardo's transfer be cancelled. The lawyer also expressed concerns about how the federal correctional service had informed the victims' families of the controversial decision. However, months later, the transfer has not been cancelled. Worse still, the public safety minister at the time, the member for Eglinton—Lawrence, feigned surprise and indignation. He claimed to have been informed only the next day. Later, it was revealed that he had been informed months earlier. Email exchanges were obtained by the Canadian Press under the Access to Information Act.

They showed that the Correctional Service of Canada had notified the minister's office on March 2, 2023, of the possibility of the serial killer being transferred. Cabinet was informed in May, after a transfer date had been set. We are used to cover-ups with this government, but trying to hide the truth about something so troubling is beyond the pale.

It was discovered that the associate deputy minister of public safety had been notified about the transfer by the commissioner of the Correctional Service of Canada three days before it happened. The commissioner of the Correctional Service of Canada told them that the federal Public Safety Department, the minister's office, the Privy Council Office and the Prime Minister's Office “have been advised” and that “we have media lines ready”.

In a tweet posted the day after the transfer, however, the minister described CSC's decision as “shocking and incomprehensible”. After being confronted with these facts, which were embarrassing to say the least, the minister blamed his staff for keeping him in the dark. It is pure incompetence at every level. For all his tangled explanations, the problem remained. Bernardo was moved to a medium-security prison, enjoying privileges that such a sadistic murderer should never be entitled to.

We on the Conservative side questioned the minister and asked him to cancel the transfer, as requested by the victims' families. The minister simply replied that there was nothing he could do, that the Correctional Service of Canada is independent. That is another independent entity. He seemed to forget that, as a minister, he had powers. He had the power to issue instructions to Canadian prison officials and make regulations concerning the incarceration of prisoners.

As usual, he and the Prime Minister refused to accept any responsibility. This is yet another example of incompetence. It is not surprising that the MP for Eglinton—Lawrence is no longer a minister. That is a very good thing. Not only do the Prime Minister and his cabinet say there was nothing they could do, but they have taken steps to make it easier to transfer dangerous criminals.

In 2019, this government passed Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. Once it was passed, the bill ensured that prisons would be chosen based on the least restrictive environment possible for the inmate. Victims are not part of the equation. Bill C‑83 reversed a policy introduced by the previous Conservative government that imposed stricter standards for dangerous offenders. The Correctional Service of Canada used this policy to try to justify transfers.

The lax system introduced by the Liberals allows nonsensical transfers like this. I read a chilling statistic. In Canada, as we speak, 58 inmates who have been declared dangerous offenders are currently in minimum-security, not even medium-security, prisons. It beggars belief. That is the legacy of eight years of this Liberal government: a lax justice and correctional system that allows this kind of aberration. The government is doing everything it can to accommodate criminals, but nothing for victims. It should be the other way around. This situation is deplorable, and it has to change.

We, the Conservatives, stepped up our efforts to try to have the decision reversed. I have to commend my colleague from Niagara Falls for all of the work that he did on this file. The murders and many assaults were committed in cities near his community. On June 14, he sought the unanimous consent of the House to move the following motion:

...that the House call for the immediate return of vile serial killer and rapist Paul Bernardo to a maximum security prison, that all court-ordered dangerous offenders and mass murderers be permanently assigned a maximum security classification, that the least-restrictive-environment standard be repealed and that the language of necessary restrictions that the previous Conservative government put in place be restored.

Unfortunately, the motion was rejected.

My colleague supported the cities of Thorold and St. Catharines when they wrote to the government expressing their grave concerns about Bernardo's transfer and demanding that he be sent back to a maximum-security prison. These letters were sent to the Prime Minister, his public safety minister at the time, and local Liberal MPs, but they fell on deaf ears. The government continued to refuse to use its power to require that mass murderers serve their entire sentence in maximum-security prisons.

He refused to take measures to resolve the problem created by his government. Worse yet, the member for St. Catharines accused those who were offering solutions and those who were trying to convey the families' concerns and suffering of playing politics. As usual, the Liberal government divides and blames instead of taking responsibility and making changes to fix the problems it created.

Another initiative that my colleague took was to propose a study at the Standing Committee on Public Safety and National Security on October 5 to fully investigate Bernardo's transfer. The Bloc Québécois and the NDP supported the government and shut down the whole thing. Apparently, the trauma caused by the transfer did not matter all that much to them. How typical of this government to systematically side with criminals.

Before I conclude, I have two recent examples that show how lax this government is and how it is ignoring victims. These are two examples of cases where the Conservative Party intervened to cancel out this government's reckless decisions. In March, my colleague, the member for Charlesbourg—Haute-Saint-Charles and political lieutenant for Quebec, introduced Bill C-325, which sought to significantly reform the Criminal Code and the Corrections and Conditional Release Act, in order to make our streets safe again.

This bill would repeal certain elements of Bill C-5, which was passed by the Liberals last fall, and would put an end to the alarming number of convicted violent criminals and sex offenders serving their sentences at home. It is unthinkable that sex offenders and other violent criminals would be released to serve their sentences in the comfort of their living rooms, while their victims and peace-loving neighbours live in fear. This is a common-sense solution from my colleague, whom I would like to commend for his hard work on behalf of victims.

Despite all our efforts, this government remained unmoved by the suffering and trauma that the families of victims went through a second time as a result of this unacceptable transfer. On this side of the House, we stand with victims, not criminals. That is why I introduced the bill we are debating today. The Liberals made a mistake, but we, the Conservatives, will correct course. We will put common sense back into our justice and correctional system.

I hope that my colleagues in the other parties will listen to reason and support victims by voting with us in favour of this bill.

Public SafetyAdjournment Proceedings

September 20th, 2023 / 6:50 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, there is a common theme among Liberal responses. After eight years of the Liberals being in government, they say it is not their job. That is what the member opposite is saying here. The reality is the buck stops with the government. It and Parliament write the directives and rules under which these decisions are made.

Now, five years since Terri-Lynne McClintic, the families of Paul Bernardo's victims have been revictimized because the government put forward legislation to put mass murderers in the least restrictive environment and refused to issue a directive to ensure that mass murderers stay in maximum-security prisons.

I will ask again. Does the member opposite agree, can she just say she agrees, that mass murderers should stay in maximum-security prisons, and that the provisions around a least restrictive environment the Liberals put forward and voted on in Bill C-83, as they apply to mass murderers and child killers, be repealed?

Public SafetyAdjournment Proceedings

September 20th, 2023 / 6:40 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, in 2018, the House was seized with a very emotive and serious issue. This was the transfer of Terri-Lynne McClintic, a child killer, from a maximum-security prison to a much less secure facility, a healing lodge. I remember the debate in the House and reading the stories of how the families of the victim were retraumatized through this decision. That was five years ago.

Before the summer constituency break, we had a very similar debate in the House. This was when it was revealed that a mass murderer, mass child killer Paul Bernardo, had been transferred from a maximum-security prison to a less secure facility.

Five years passed. I do not understand why the government did not make changes to ensure that this type of revictimization of families in the most serious crimes did not happen again. How did it happen again?

The former minister, Ralph Goodale, who was overseeing the McClintic file, failed upwards into an ambassadorial position. In fact, the Liberals, in 2018, actually amended the Criminal Code to require that inmates are held in the “least restrictive environment possible.”

It has been five years. Out of respect for victims and families, I would like to see some unanimity in this place on two things. First, the government should acknowledge that this is not appropriate. I would like the government to say that mass murderers should stay in maximum-security prisons. I would like to hear this from the member who is responding to this question, that the government agrees with that principle. Second, very importantly, the government should agree to rescind the amendment that they made in the former bill, Bill C-83, and say that the “least restrictive environment” should not apply to mass murderers and child killers like Paul Bernardo and Terri-Lynne McClintic.

The other thing that I would like the member who is replying to this question to say is whether the Prime Minister has agreed to issue a directive to require all mass murderers to remain in maximum security for their entire sentence. That should be done so that this does not happen again, so that we are not having this discussion and revictimizing families again.

This should be a principle that every person in this House agrees to, and it is the government's job. The government has the responsibility and the capacity to do this. The buck stops with the government.

Those are the three things I would like to hear: that mass murderers should remain in maximum security prisons for the duration of their sentence; that the government will repeal the “least restrictive environment” provision that it put forward and passed; and that the government will issue a directive to require all mass murderers to remain in maximum security for the entirety of their sentence, so that we do not have another family of a victim of a child killer or mass murderer being revictimized.

Criminal CodeGovernment Orders

September 18th, 2023 / 12:40 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, even if the Liberals give us an inch when we need miles of reform on public safety, it is very important that we move forward with the small pittance they are providing us in this bill.

However, Bill C-48 is not bail reform, which is what premiers, police forces, provincial justice ministers and civic leaders are all asking for. They are not asking for tweaks on the margins; they are asking for broad bail reform. What the Liberals are proposing today is not that.

I will draw the minister's attention to the fact that there has been a consistent Liberal government theme over the last number of years of going soft on criminals. It is not just Bill C-75 that made it easy to get bail. Bill C-5 removed mandatory minimums for violent gun offences and permitted more house arrest for rapists. Bill C-83 allowed mass murderers, like Paul Bernardo, to be transferred to medium-security prisons.

This is a theme, a perspective that the Liberals bring to the table, which has resulted in more violent crime, and that will not be solved by a measly seven-page bill, Bill C-48.

Public SafetyOral Questions

June 21st, 2023 / 3:10 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, the only thing the Prime Minister has done is free Paul Bernardo from a maximum-security penitentiary into relative freedom in a place where he can have access to other people and where he has more comforts and can put guards in danger.

The Prime Minister interfered with Corrections Canada's decisions by introducing Bill C-83, which allowed this kind of transfer to go ahead. The Minister of Public Safety knew of the transfer, or his office knew at least, for three months while he claimed that they could not walk down the hallway and tell him.

He is incompetent. Will the Prime Minister fire him, yes or no?

Public SafetyOral Questions

June 19th, 2023 / 2:40 p.m.


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Conservative

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, the unacceptable transfer of Paul Bernardo from a maximum-security prison to a medium-security prison was possible because of the changes this government made in connection with Bill C-83. The government has all the powers it needs to reverse that decision.

The Minister of Public Safety has proven his incompetence time and again. Will the Prime Minister finally take responsibility, clean up his own mess and fire the minister?

Motion No. 17Ways and MeansOral Questions

June 16th, 2023 / 12:10 p.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I rise on a point of order arising from question period.

During question period, the Liberal justice minister and several members of the Liberal Party claimed that the Conservatives were spreading misinformation about Bill C-83. I have a document from the Library of Parliament, containing a description of Bill C-83, which says that under their amendments, the Correctional Service of Canada must provide the least restrictive conditions for offenders.

I seek leave to table this document in this House.

Public SafetyOral Questions

June 16th, 2023 / 11:50 a.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it was this government that introduced into Bill C-83 section 28, which states that all offenders must be placed in the least restrictive environment for them.

That is why, yesterday, the member for Niagara Falls asked the House to adopt a unanimous motion to repeal this portion of the section and ensure that offenders such as serial rapists are placed in an environment that contains the necessary restrictions. That is simple. We could have taken action.

Yesterday, the Liberals refused. Why?

Public SafetyOral Questions

June 16th, 2023 / 11:45 a.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, Paul Bernardo is the worst type of human being who can exist, yet over and over again, Liberal ministers stand on their feet to defend his right to the comforts of medium-security prisons.

The minister may not understand, but it is the Liberals' very own Bill C-83 and its change to section 28 of the act that allowed this serial rapist and murderer to be transferred to easy street. This is not something that just happened. The Liberals made it happen. Yesterday, the government would not support a Conservative bill that would fix this by requiring serial killers to stay in maximum-security prisons.

When will the government take public safety seriously, reverse these ridiculous changes and keep notorious—

Public SafetyOral Questions

June 16th, 2023 / 11:40 a.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Madam Speaker, it is categorically false to say that. Bill C-83, which was aimed at ending solitary confinement, a practice that had been condemned by human rights groups and was found to be against our charter, was replaced by something called structured intervention units to allow for a more direct and equitable form of intervention in those cases.

The link between Bill C-83 and the decision made by Correctional Service Canada to transfer this known killer is misinformation.

Public SafetyOral Questions

June 16th, 2023 / 11:40 a.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, the Liberal bill, Bill C-83, allowed rapist and killer Paul Bernardo to be moved from a maximum-security to a medium-security prison.

Under the Corrections and Conditional Release Act, the Minister of Public Safety has the power to send him back to where he belongs, but he refuses to do so. His office knew about the transfer for months, but the minister chose to remain blissfully ignorant.

Why will he not take responsibility and resign?

Public SafetyOral Questions

June 16th, 2023 / 11:40 a.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Madam Speaker, the Minister of Public Safety's failure to prevent the transfer of notorious killer Paul Bernardo to a medium-security facility was not a mistake. It was a direct consequence of the Liberals' soft-on-crime policies, like Bill C-83.

Yesterday, Conservatives gave the government an opportunity to rectify this injustice, but it voted us down. Canadians are watching. The Minister of Public Safety needs to be held accountable for this travesty.

Will the Prime Minister have the courage to sack the incompetent minister, or will the minister do us all a favour and resign already?

Public SafetyOral Questions

June 16th, 2023 / 11:35 a.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Madam Speaker, Bill C‑83 has nothing to do with the current situation and it has nothing to do with the correctional service's unfortunate decision regarding Mr. Bernardo.

Bill C-83 is a response to a Supreme Court of Canada ruling and to what we have heard from other experts, which is that solitary confinement violates the Canadian Charter of Rights and Freedoms. We have created another type of structured intervention to address the problem.

I can say that Bill C-83 has nothing to do with the current situation.

Public SafetyOral Questions

June 16th, 2023 / 11:35 a.m.


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Conservative

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

Madam Speaker, Bill C‑83 is the latest in a series of errors, questionable decisions, backtracking and contradictions we have seen from this government when it comes to protecting victims. This time, the families of Bernardo's victims are suffering a second time because the government has allowed this dangerous criminal to enjoy less strict conditions.

Can the government reverse its decision and support our proposal from yesterday to keep dangerous criminals in maximum-security prisons?

Public SafetyOral Questions

June 16th, 2023 / 11:35 a.m.


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Conservative

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

Madam Speaker, for three days now, we have been calling for the Minister of Public Safety to resign. He is still in office. For three days now, we have been asking the Prime Minister to answer our questions. He has not. He does not have the guts to explain to the families of Bernardo's victims why he created conditions that allowed Bernardo to be transferred to a medium-security prison. Bill C-83 allowed that to happen.

Is the government sorry for what it did?

Public SafetyOral Questions

June 16th, 2023 / 11:30 a.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, serial killer and serial rapist Paul Bernardo was transferred to a medium-security facility, and a previous Liberal bill, Bill C-83, was helpful in allowing this to happen. The public safety minister said that there should be a review to determine if Bernardo should go back to a maximum-security facility. This is unbelievable.

The Liberals changing laws allowed this monster of our time more freedoms and comforts. When will the minister take public safety seriously and reverse changes the Liberals made that allowed for Bernardo to have more comforts and freedoms?

Public SafetyOral Questions

June 16th, 2023 / 11:30 a.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, I want to express how troubling it is that the opposition continues to bring up a horrific crime that is impacting not only victims of this criminal but all victims across this country, some of whom have reached out to me. To spread misinformation that Bill C-83 is in any way responsible for this is irresponsible. That bill ended segregation and put people into structured intervention units. It has absolutely nothing to do with classification and where offenders are placed in our prison system.

Public SafetyOral Questions

June 16th, 2023 / 11:30 a.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, the government likes to deny its role in the transfer of killer Paul Bernardo from a maximum-security prison to a medium-security prison, but it is responsible. The Liberals passed Bill C-83, which allowed for this transfer. In fact, the Minister of Public Safety knew for three months and did nothing to stop this transfer. Why does he not do the honourable thing and resign?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 15th, 2023 / 12:30 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, I rise today with great disappointment that, yet again, in the last number of days, the Liberal Prime Minister and his cabinet have let Canadians down in quite a tremendous fashion. They have withheld the truth and they have misled the public. They have made egregious errors and taken no responsibility for them. They are making excuses and blaming everyone but themselves. There has been very little, if any, accountability taken, and meanwhile it is the Canadian people and, certainly, our most vulnerable, who suffer as a result.

As such, the amendment the Conservatives moved today in the House is calling for the immediate resignation of the public safety minister, given his long track record of misleading the House and the Canadian people, and in particular his latest quite serious failure of leadership and responsibility in a cabinet position that really, beyond many others, needs the public trust, needs a responsible minister and needs to be beyond reproach in this regard, given the magnitude of the files they are responsible for.

For those who have been paying attention, we are talking about the move of, I believe, certainly the most notorious child rapist and killer in Canadian history, Paul Bernardo. He was recently moved, under the public safety minister's watch, under the Liberal government's watch, from maximum security to medium security. A man who, I would assume almost all Canadians believe, and rightfully so in my opinion, should rot in prison for the rest of his life has now been moved to a medium-security prison with more privileges. The tale that has come out in the last few hours and days about what the minister knew and what the Prime Minister knew, or what they are saying their offices knew, and we will get into that, is just deeply concerning and shows that very little responsibility is being taken.

It is now very unclear whether there is anyone in charge at Public Safety, because it does not seem like there is. Because this issue, what this vile killer did, is so sensitive and has really been burnt into the minds of Canadians, for me, it certainly evoked a very emotional response and a lot of anger at the failure of responsibility and leadership from the Prime Minister and certainly from the Minister of Public Safety, which is why we are calling for his resignation today.

It was on June 1, just a few days ago, that Canadians learned that Correctional Service Canada was transferring this vile killer from a segregated section of a maximum-security prison, where he rightfully belongs until his dying days, to a medium-security prison, a more open, campus-style prison, and he certainly does not deserve that, from my perspective and from the perspective of most Canadians.

Particularly women, but I think most of us, are hesitant to have his name glorified in Hansard or talked about. He does not deserve any of that, so from now on I will just be referring to him as the country's most vile serial rapist and killer of children. So that we really know what we are talking about, this is a man who, in the late eighties and early nineties, repeatedly kidnapped; raped; sodomized; tortured, often recording it on video camera; and murdered young women, as young as 14.

I have a colleague who was of a similar age at the time and who lived in Ontario then. She was telling me that, in school, girls of her age were being told to watch out for a white van and to be careful when they were walking home from school. This is something that is burnt into the memory of women of that age, of women generally, and certainly of parents who had children, particularly young girls, at that time.

He is a really horrific man, and obviously there has been tremendous public outrage at the idea, let alone the fact, that this man was moved to a medium-security prison.

Of course, the minister denied knowing. He came out saying how shocked he was, and it is really frustrating on a number of levels, because we have found, in the last couple of days, that perhaps that is not true at all. It is very well a strong possibility that he did know and failed to act and that the Prime Minister knew and failed to act on this, that they both failed to stop it in any way that they could. The Globe and Mail really outlined this well. I will just quote an article:

The Public Safety Minister invoked the wrath of Parliament and the anger of the families of the victims of Mr. Bernardo on Wednesday after CBC News reported that his office had been told that [this man] would be transferred to a lower-security prison in March. He told the House of Commons [just yesterday] that his office didn’t brief him before the prison transfer happened.

How convenient it is that it did not brief him. We also found out in that same Globe and Mail story, which, I believe, was by Robert Fife and Steven Chase, that the Prime Minister's Office was also alerted months prior to the transfer, and that was confirmed by a Prime Minister's Office spokesperson. They are not even denying it, so I will give them that tiny bit of credit for at least not denying it, though certainly they were not forthcoming in the last number of days that this had broken into public knowledge. As the Globe pointed out, this significantly widens the group of staff, and likely their bosses, the politicians, who knew about this and yet did nothing about it until, oops, the public found out. Now there is shock and disappointment from our elected officials who have been entrusted with public safety and with ensuring that justice is served with respect to the most vile killers in our history. It has not been.

When all this was coming out, I really looked at it with disbelief. How many times are the Liberal ministers and the Prime Minister going to get away with saying, “Oh, I didn't know”, “I wasn't briefed”, “My staff didn't tell me” or saying that the agencies, CSIS and the RCMP, did not let them know and that the information did not quite get to the elected officials? How many times do we have to hear that, as Canadians or as opposition critics? How many times do we have to believe that and just move on like nothing happened?

We have seen this time and time again. With election interference from Beijing, we heard that they just were not quite briefed or that no one picked up the phone and called the former minister of public safety to tell him that my colleague, the member for Haldimand—Norfolk, was being threatened by Beijing and that his family was at risk. They said that CSIS wanted to tell him but had not quite done so, or that his staff had not. It is just a bunch of baloney.

Once, maybe, we would believe them, but two times, five times or 10 times, time and time again on issues of national security and public safety, are we expected to believe them? I do not think so. Enough is enough. We need to have the resignation of somebody in this place. There needs to be some accountability. There needs to be some responsibility taken for the absolute failure to govern.

It is really embarrassing, honestly, to be represented by ministers who take no accountability and responsibility for some of the most critical issues in this country. I want to be clear about why people are so outraged. We have maximum security and medium security. I just want to make it clear why Liberals should have been outraged and moved mountains to stop it, and should certainly have brought forward legislation by now to stop this, but they have not, and I will get into that later.

This individual, when he was in maximum-security prison, had very limited movement. He was heavily segregated. He had very little association with anyone. He had very, very few privileges, and rightfully so. He deserves to be punished for the rest of his life. Maximum-security prison is where he has been for almost 29 years, I believe. Now that he has been moved, under the watch of the public safety minister and the Prime Minister, who knew for three months, into a medium-security prison, he gets to talk to more people; he gets to walk around more and he has many fewer restrictions on him. He does not deserve that. I think everyone agrees, yet here we are; it happened and they could have stopped it. They knew it was coming for three months before it happened.

If someone makes a mistake, that is fine, and if it is the first time, then maybe I would believe them. It is not the first time, but they did not know and were not informed; let us pretend we believe them for one moment. Why is it, then, that they have not brought forward concrete solutions so this never happens again? They have a working majority in the House with the NPD's support. They could have brought forward legislation to signal to Canadians that they will never allow this to happen under their watch, but they have not done so.

Every effort by the Conservatives to move motions to stop this from happening again is shouted down by the Liberals. We have also introduced a bill, a private member's bill from the member for Niagara Falls, and I seconded that bill, that would make sure this never happens again. The Liberals say that it is out of their hands, that they cannot really do anything about it and that the minister is sort of tinkering around the edges now. However, is that really true? I looked at the legislation, and I am seeing a bit of pattern of a soft-on-crime, soft-on-criminals and forget-about-the-victims approach from the public safety minister, the Minister of Justice and the Prime Minister.

If we look at, for example, the Liberals' Bill C-83, it was adopted in 2019 and created a standard in section 28 of the Corrections and Conditional Release Act, and this is important, that required prisoner selection to be made by the commissioner of corrections based on “the least restrictive environment for that person”. That was legislation they passed in 2019. Their bail reform, their soft-on-crime bail reform bill, was also passed that year.

There was a lot of damage done to Canadians in that short time, in favour of criminals at the expense of victims. This is just another one of those bills. In Bill C-83, the “least restrictive environment” for criminals in prison was the standard put forward.

Now what do we have? We have the “least restrictive environment” for the country's most vile serial killer and rapist of children. This is happening, in part, through the legislation that the Liberals put forward. They have created an environment where this is the case. I will say “the least restrictive environment” over and over, because that was the exact intention of their legislation.

In fact, the Liberals repealed a previous Conservative standard that was put in under former prime minister Stephen Harper's government, where it said “necessary restrictions” for criminals and vile killers. In 2019, these guys brought in bail reform and the “least restrictive environment” for those criminals in jail. Now we have that. The mission is fulfilled for the most vile killer in the country.

When the Liberals say that they cannot really do anything about it and that it is an independent decision, they can do something about it. They could repeal this section or probably the entire bill, Bill C-83. If it is anything like this, the whole thing should go in the garbage, but certainly this section. They could have brought forward a bill already, so that it does not happen again. It has been weeks already.

However, again, this was the objective, that the worst people who go to prison in this country get the “least restrictive environment”. When they say that they cannot do anything about it, people should not buy it. That is not true.

Yesterday, my colleague, the member for Niagara Falls, brought forward a private member's bill, Bill C-342, that would keep dangerous offenders, like this individual, in maximum-security prisons. It would replace that legal standard that I just talked about, going from the “least restrictive environment” to “necessary and appropriate restrictions”. It is very measured, very responsible and certainly in line, I think, with Canadian values on things like this.

Second, it also requires that inmates like this individual, who are designated by the courts as “dangerous offenders,” which this individual is, have their sentences made indeterminate, with no fixed length. Certainly, this would include people who have committed multiple personal injury offences and are considered so dangerous to the public, individuals like the one we have been talking about today or those who have been convicted of more than one first-degree murder resulting in a life sentence.

It is very clear. Guys like this should always be in maximum security. That is what a Conservative government would do. I honestly think that the private member's bill is fair, measured and should be adopted unanimously by all parties, especially in light of what has recently happened.

Let us now just really drill into the failure of the minister to take responsibility on this and to try to stop it before it ever happened. Again, this guy is in a medium-security prison, getting to walk around and getting rewarded. He should not be there. He should have been stopped, and yet the minister failed to do this.

I am just going to read this, from the Correctional Service of Canada. The statement it put out said, “The March 2 e-mail contained information notifying them [the public safety minister's office] of the transfer, along with communications messaging to support this.”

That was from Correctional Service of Canada spokesperson Kevin Antonucci in a statement made on Wednesday. He added that in March, three months ago, the final date for the transfer had not been determined. Therefore, the minister's office also received an email on May 25 with updated communications messaging, as well as the fact that the transfer would occur on Monday, May 29.

If we read between the lines of what Kevin Antonucci said, the Correctional Service of Canada is really doing the lion's share of the work here, saying that it sent the message and notified the minister's office that the transfer could be stopped. They are not doing the minister any favours. They are saying that they told him and that they told him twice, and nothing.

We also found out, just last night, as I mentioned, that the Prime Minister's Office was also informed. I will read from the Globe: “A separate statement from the minister's office late on Wednesday suggested that when [the Minister of Public Safety's] team found out about the transfer on March 2, the Prime Minister's Office was already aware of the matter.”

It went on to say, “When a staff member in the Prime Minister's Office was alerted in March by the Privy Council Office about the possibility of the transfer, inquiries and requests for information were immediately made to the Public Safety Minister's Office”.

When the PMO was told, it immediately reached out to the public safety minister's office and asked what was going on. The Minister of Public Safety still had no idea this was going on, and he had no idea the Prime Minister's office was reaching out to his office for information. It is a bit hard to believe. There are only a few options there. The minister is so hands-off that he has no idea what is going on in his file in any regard, he knowingly ignored this or he knew and he has been misleading the public and the House. That is very difficult to believe.

Given the minister's track record, which I am going to go into, I think it is the latter. What is really interesting in what we are seeing from the statements from the Prime Minister's Office and the public safety minister's office is that the blame game is starting. Fingers are being pointed at each other in public statements to The Globe and Mail. That is how desperate they are to deflect blame. No one wants to take responsibility here. It is very embarrassing.

Therefore, I am just going to go through the pattern of behaviour that, unfortunately, the Minister of Public Safety has shown in recent months. This is just within the last year.

In January 2022, and we all remember this, the minister said he relied on the advice of law enforcement to trigger the Emergencies Act. You remember that, Mr. Speaker. However, we later found out from both the RCMP commissioner and the chief of the Ottawa police, when they testified publicly, that they did not ask the government to invoke the act. That was a big one. The minister misled the public in a big way. We will say that it was a large falsehood in that regard of a never-before-invoked, in essence, war measures act that he misled the public about. It was very significant, and he should have resigned then.

Then, on October 12, 2022, he was accused of misleading a federal judge after his office backdated government documents on trademark infringements. The minister said that the legislation concerning this came into effect two weeks earlier than it actually did, so he literally backdated legal documents. The minister said this was just human error. There is a pattern emerging here.

On August 8, the minister admitted at a committee that the RCMP was using spyware to gain information on Canadians, but he promised that the technology was being used sparingly. I am making light of it, but it is just so utterly ridiculous at this point. I am only three points in; we have five to go.

On January 15, the minister said that the safe third country agreement was working, despite enormous increases in irregular border crossers in comparison to the previous five years, and that really nothing could be done about it. Then, two months later, Biden and the Prime Minister of Canada came together in agreement to close Roxham Road. They were not telling the truth there.

Again, on April 25 of this year, he claimed that his legislation would not impact hunting rifles. We know how that went. Of course it did, and so much so that he had to back down. He has permanently lost the trust of firearms owners and hunters in this country, and he will never get it back because of how much he misled the public.

On May 5, the minister said he did not read the report into the People's Republic of China targeting an MP in our caucus. He later said that he was investigating why the report was not passed up to him. How many times are we going to have to believe that?

On May 14, after saying that the PRC police stations operating in Canada were closed, we found out that this is not the case either.

Finally, there is what we have been talking about today. The minister said he had no idea. Despite two contacts from Correctional Service Canada to his office and despite the Prime Minister's Office reaching out to him, the minister is saying he was never told about it. However, he has fired no one for that, which tells me that it is not true. If someone's staff members have failed them so badly, obviously, they cannot be trusted with the public safety file, and they have to go. The minister has fired no one. He is the one who should be fired. The buck stops with him.

What we have been calling on is the following:

...that the Minister of Public Safety immediately resign given his total lack of consideration for victims of crime in his mishandling of the transfer to more cozy arrangements of one of the worst serial killers in Canadian history, that this unacceptable move has shocked the public and created new trauma for the families of the victims and that the Minister of Public Safety's office knew about this for three months prior to [this vile killer's] transfer and instead of halting it, the information was hidden from the families.

That is what we moved today.

I will just conclude that this is about ministerial accountability. We have not seen that in the current Liberal government, despite so many failures. So many times, the government has misled the public and failed to take responsibility. Ministerial accountability seems to be dead in this country under the Liberal government.

Ultimately, I will say in conclusion that the Minister of Public Safety, more than most ministers, requires the public to trust him or her. The minister needs public trust; however, as I outlined today, in very real time, he has misled the public, let them down and broken that trust time and time again. This is the final straw. Unfortunately, it is time for him to resign.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 15th, 2023 / 10:10 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I move that the seventh report of the Standing Committee on Justice and Human Rights, presented on Wednesday, December 7, 2022, be concurred in.

I will be splitting my time with the hon. member for Brantford—Brant.

The seventh report of the Standing Committee on Justice and Human Rights speaks to improving the response to victims of crime. I can honestly say, and I think all Canadians agree, if we believe what we are seeing in the news, that the response of the government to victims of crime has been woefully inadequate. I can go further. When we talk about victims of crime, we are also talking about the victims' families, and that came through loud and clear in our report. Once again, even today we are talking about the impact on victims of crime and their families of the government's soft-on-crime revolving door justice system.

I will speak to some of the measures in our report.

One of the things we heard loud and clear was the need to address the unfair situation of sentence discounts for multiple murders. What that means is that in Canada, someone who is convicted of first-degree murder receives a life sentence but is eligible for parole in only 25 years. What this has led to is a ludicrous situation. For example, in Moncton, New Brunswick, an individual killed three of our Mounties, three police officers, just trying to do their job, and that individual would have received a 25-year parole ineligibility, the same as if they had killed one person. We have seen situations of mass murder in this country where someone kills three, five or six people, and they would receive the exact same parole ineligibility as if they had killed one person.

We believe, on this side of the House, that every life should count, every victim should be counted and every victim's family should be respected. That is why when we were in government, we brought in legislation for ending sentence discounts for multiple murders. This meant that an individual who committed multiple murders would receive multiple consecutive periods of parole ineligibility. It is why the individual who killed the three Mounties in Moncton received a 75-year parole ineligibility. Other mass murderers in Canada sentenced since that legislation have received similar sentences.

Unfortunately, the Supreme Court struck down that provision. We all know that a charter dialogue takes place between the legislature, Parliament and the Supreme Court, and it is absolutely scandalous that the government has not responded to that Supreme Court decision. We have called on it for over a year to respond to this decision, to make it right and to listen to victims' families.

When we were studying the response to victims of crime, that came up more often than not. One of our great witnesses was Sharlene Bosma. Many members will remember that name, as it was her husband who was killed by a mass murderer, someone who murdered at least three individuals. What Sharlene said left a lasting impact on me as well as on many members, certainly on this side of the House.

She said that through the whole process of attending hearings every day, attending court and working to ensure a conviction of this individual who took the life of her husband, the one solace she took when he was sentenced is that her daughter would never have to attend parole hearings and face this monster. However, with one decision from the Supreme Court, that has been ripped away. Now this individual will be eligible for parole in what is left of his 25 years, and Sharlene Bosma, her daughter and other victims' families will have to face unnecessary parole eligibility hearings. Once again, the government throws up its hands.

Even in today's headlines it is reported that one of the worst killers in Canada, one of the most notorious, the Scarborough rapist, Paul Bernardo, has been moved, to the horror of the victims' families and all Canadians, from a maximum-security prison, where he should have spent the rest of his life, to a medium-security prison. We see, on the other, side feigned outrage. We see crocodile tears. We hear “How could this happen? We're going to look into this”, but now we are finding out every day that the Minister of Public Safety knew. Now we are finding out that the Prime Minister knew.

Why did it happen in the first place? Part of the reason it happened is the government's own legislation. When the government brought in Bill C-83, which amended section 28 of the Corrections and Conditional Release Act, it meant that, when considering transfers from one institution to another, the litmus test brought in by the government is that offenders have to be held in the least restrictive environment. When the Liberals passed that legislation, and when they refused to act when they found out about this transfer, they made this an inevitability. This is on the Liberal government.

I also want to address bail in this country. This came up again and again in our victims study. There are victims who are unnecessarily victimized. They are victims because our justice system has failed to protect them from repeat violent offenders. Just last week, we had a witness at justice committee, and what she said left an impression on me. She said that we do not have a justice system; we have a legal system, but many victims do not see justice in our system.

Canadians fail to see justice when this government, through Bill C-75, put in a principle of restraint when it comes to bail. It has led to the outrageous situation of individuals who are repeat violent offenders, individuals who have been caught for firearms offences and are out on bail, committing another firearms offence. This is happening in Toronto, and the Toronto police helpfully provided us with the statistics. While out on bail for a firearms offence, offenders commit another firearms offence and get bail again. This is outrageous. The Liberals will say, “This is too bad. It is unfortunate that gun crime is taking place”, but it is taking place as a direct result of both their actions and their inaction, their failure to respond to a revolving-door justice system. I can tell members that Canadians are fed up with it.

There is only one party that is committed to ending the revolving door, committed to ensuring that victims voices are heard, committed to appealing the measures in Bill C-75 that have led to this revolving door, committed to ending the outrageous situation in which individuals who commit gun crime are given no more than a slap on the wrist, and committed to ensuring that individuals who commit arson and burn down someone's home are not eligible to serve their sentence with a conditional sentence. What is a conditional sentence? It is house arrest. Under our Criminal Code, somebody could burn down a house and serve their so-called sentence playing video games from the comfort of their own home.

When we were in government, we brought in legislation to change that, to end the revolving door, to have consequences for criminal actions and to protect the most vulnerable. We made sure that sex offenders were listed on the sex offender registry. We made sure that sex offenders served their sentence in prison and not in the community where they offended.

However, under the current government, with both actions and failure to take action, we have a situation where communities are more and more in danger. Members do not have to take my word for it; this information is publicly available. Violent crime is up 32% in this country. Gang-related homicides are up almost 100% in this country. The approach of the revolving door, of allowing repeat offenders to continue to offend, is not working, and a Conservative government, led by Pierre Poilievre, will address—

Public SafetyOral Questions

June 10th, 2021 / 2:45 p.m.


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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, through the act formerly known as Bill C-83, we are ending administrative segregation. We will continue to work to further develop systems to serve our communities more equitably. We value the work performed by the independent external decision-makers who review inmate cases on an ongoing basis and issue decisions that are binding upon correctional services.

We will continue to work to ensure that administrative segregation is ended and replaced by the legislation that we have brought forward.

Public SafetyOral Questions

February 26th, 2021 / 12:05 p.m.


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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness

Madam Speaker, I share the hon. member's concern. In Bill C-83, we imposed legislation, and we have been working with the Correctional Service of Canada to ensure the proper implementation of the SIUs. We are very grateful for the work of Dr. Doob and our external panel in their review. Their insight and analysis have been very helpful. We also rely on the work of our external review bodies that also examine this issue. It is a complex one.

I want to assure the member and the House of our absolute commitment to ensure that people who are in our custody in our federal institutions are treated fairly. We recognize the challenges of—

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 3:45 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I would like to encourage my colleagues across the way to learn how to read the public accounts, because if they did they would see that in the last year the Conservatives were in power, the accounts hit a high of almost $1.8 billion in spending. They then dropped about $300 million in subsequent years, under the Liberals.

I want to go back to a point that my colleague made about the lack of consultation. As we saw, the government did not consult with prison guards when it brought in Bill C-83. It did not consult with parole officers and program officers dealing with the Parole Board issue we discussed the other day. Now we hear that on this bill, the Liberals have not consulted with CBSA guards. Why is the government so apparently allergic to consulting with our officers and considerable police force on the ground?

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 3:20 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, thank you for laying down the law.

This bill changes the name of the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. Under this new name, the commission will also be responsible for reviewing public complaints against the Canada Border Services Agency.

The bill follows on a promise made by the Liberals to ensure that all law enforcement agencies in Canada are monitored by an oversight group. We agree that all Canadian law enforcement agencies must have an oversight group. Canadians must be respected and protected from potential abuse of power. We must all make sure that the agency does its job to the letter and in compliance with Canadian legislation.

Our party’s vision of Canadian security has always prioritized maintaining the integrity of our borders and making sure that the CBSA has appropriate resources in terms of staff and equipment. A public complaints review commission will undoubtedly improve general oversight and help the CBSA exercise its duties and powers more effectively.

I have spoken at length with border services officers and listened to the union president. It is obvious that the problem at the border is not due to a lack of training or will on the part of the officers. On the contrary, the problem stems from a blatant lack of resources to support officers in their work.

When Bill C-98 was first tabled, the government had not even consulted the union. We raised this point in the debate on Bill C-98, but we got nowhere, since the government was in a rush to move forward. There was not enough time for the bill to be passed by the Senate. Today, the government is coming back to us with Bill C-3.

Even if we support the bill, we need to take the time to consult the union representing the CBSA and the RCMP, which we will probably do in committee. It is a good idea to create an agency to monitor the officers' work and give Canadians some power. We are completely in agreement with that, but the officers also have something to say. That is why I think it is important to listen to the union. There needs to be a balance between the two.

Since 2015, our Liberal friends have constantly said that they consult Canadians on various issues. However, in the case of Bill C-3, there have been no consultations.

I would like to talk about the challenges faced by the Canada Border Services Agency. A lot has been said in recent years. Members will recall the Prime Minister’s famous tweet from January 2017. At a time when the United States was in turmoil, the Prime Minister tweeted to the world that Canada would welcome everyone with open arms. That created a situation at the border that is still ongoing. Close to 50,000 people who read the Prime Minister’s tweet came to cross the border at Roxham Road in Quebec. Some came through Manitoba, but most came through Roxham Road. These people crossed our border believing that they would be welcomed with open arms.

The RCMP had to mobilize enormous resources. In 2017, officers from across Canada were sent to Roxham Road. The CBSA also had to mobilize resources to receive the people who thought they would simply be welcomed to Canada.

The problem is still going on. The government is trying to make us believe that nothing is going on, but that is not true. Every day, 40 to 50 people cross the border at Roxham Road. The financial and human resources costs are massive. In a report last year, the Office of the Auditor General examined all of the federal agencies involved, including public safety, immigration and other federal services. In three years, we have spent more than $1 billion on federal services alone. That figure does not include costs to the provinces.

Quebec calculated its costs for the first year. Just for costs associated with receiving the asylum seekers, Quebec applied for a reimbursement of $300 million. Ontario followed suit. Quebec was reimbursed before the election campaign because our Liberal friends knew that this was a very sensitive subject for Quebeckers.

We Quebeckers are a hospitable people. We like people, but we also like order. Now we are in a situation where there is no order. No one, myself included, can understand why people are being allowed to enter our country, and specifically Quebec, illegally.

That being said, the Conservatives have often been called racists in debate and in question period. It is very upsetting to be called a racist. The people who come to the border are of different ethnic origins, but that does not make us racist. We are simply asking for effective border control. That starts with a duly completed immigration application. Of course Canada welcomes refugees, as it always has. Even when the Conservatives were in power, we always supported taking in refugees from UN camps around the world.

Let us get back to our officers. We are going to pass a law that will allow the public to file complaints against RCMP and CBSA officers. We should try to see things from our officers' perspective. They are being asked to do things that they may find distasteful. I remember going to Roxham Road three or four times to watch our officers at work. I saw police officers there, RCMP officers, whose job is to enforce law and order.

People arrived with suitcases, knowing full well that they were entering Canada illegally, but they were taking advantage of a loophole in the Canada-U.S. safe third country agreement. The warm-hearted RCMP officers carried the people’s suitcases across the border to help them enter Canada illegally. This created a conflict in the officers’ minds. On the one hand, since they have big hearts, they have no choice but to help children, as is only right. On the other hand, their job is to enforce the law.

I would remind members that the Prime Minister created this situation on Roxham Road, which has been going on for exactly three years now. People do not realize that the government has even built a building there that is equipped with systems and all the necessary technology. When people get out of a taxi at Roxham Road, they can walk down a small road that leads directly to this reception centre, which is the equivalent of a regular border crossing.

That makes no sense, and we are in this mess because the Liberals cannot negotiate with the Americans to change a rule that prevents us from putting an end to the situation. Let's not forget the financial repercussions for Canada, which are huge.

In addition, our officers have to deal with another serious problem, namely drugs and weapons being smuggled across the border. The RCMP and CBSA officers find their work very hard and complex. In addition to their working conditions, which are obviously less than ideal, the rules in effect and the way the boundaries are delineated sometimes prevent the officers from doing their job properly, despite their best efforts.

We share a border with certain indigenous reserves and with the United States, and international rules make our officers’ work far more complicated. This means that a lot of illegal drugs and weapons are entering Canada and contributing to crime.

It is important to understand that criminals, especially Toronto gangs, get their weapons illegally. Huge numbers of weapons cross the U.S. border or arrive by ship in Montreal or Vancouver. We are therefore asking the government to invest major human and financial resources to fight this type of crime.

The influx of drugs like fentanyl is a serious threat to officers' health. At Canada Post, CBSA officers randomly inspect packages entering Canada, and those packages may contain extremely dangerous substances. A tiny dose of fentanyl or any opioid can be fatal. We need to keep in mind that this kind of work can be hugely stressful for individuals, just as it is for members of the military.

This bill will make it possible for members of the public to complain about deliberate or accidental conduct on the part of RCMP or CBSA officers.

Still, we need to understand the position we are putting these officers in and be judicious. That is why we have to listen to what the officers' union has to say.

The examples I gave earlier illustrate situations in which officers have to make decisions. They have to face dangerous situations. Sometimes, if they react reflexively or have to make snap decisions, they may say or do things they should not.

For this reason, I hope that the commission that reviews the complaints will have a balanced approach. I find that the blame too often falls on officials, police officers and the military. When I was in the army, we were often aware of this during operational deployments. I remember very well that, during the war in Bosnia, we often had to follow UN rules and send soldiers into a conflict zone and tell them that, if they made a mistake or did something wrong, we would not be there to defend them. They would be responsible for their actions.

We were representing our country, going to a war zone in a foreign country, but, at the same time, we were being warned to be careful not to get into trouble, otherwise we would be on our own.

This type of situation often causes psychological stress for RCMP officers and border service officials. At some point, these people wonder whether or not they should take action. If, for fear of reprisal, they decide not to take action, this may create a situation that will cause problems elsewhere. In the case of drug control, for example, if the official is afraid to take action, the drugs will end up somewhere else. I do not have any concrete examples to give, but I believe that everyone listening to us can understand what I am trying to say.

I would also like to briefly address our correctional services. I know that correctional services are not covered by Bill C-3. However, I would like to remind the House that, when we discussed Bill C-83 during the last Parliament, there was talk about the various resources available to Canada’s penitentiaries.

First, I would like to talk about syringes. Syringes were not part of Bill C-83. However, penitentiaries were asked to give prisoners syringes. The government provides prisoners with syringes, and they inject drugs illegally obtained in prison. It can be difficult to accept and understand how drugs could be illegally obtained in prison and how syringes could be provided so that prisoners can inject these illegally obtained drugs.

Ideally, we should be preventing prisoners from obtaining drugs in prison. There is an easy way to do so, as set out in Bill C-83, and that is to acquire body scanners. Body scanners like the ones in airports, but more sophisticated, can detect 95% or more of anything hidden on a visitor’s body, whether drugs or other contraband. I will not list all the things that can be carried in a human body, but a body scanner can find them. That way, the government could avoid having to provide prisoners with syringes.

At the moment, I can say that there is a great deal of concern within the correctional service. Officers who work in penitentiaries are concerned for their own safety. Despite the fact that there is supposedly a syringe control system in place, needles can, for all sorts of reasons, end up somewhere else, and prisoners can use them to create weapons and do various things.

We expect the government to make this investment and deploy the 47 scanners that are required across Canada as soon as possible.

There are policies for the Border Services Agency. I can say that I am proud of what was done by the former Conservative government. In debates over the past few years, we were blamed for cutting $300 million from the Border Services Agency budget. That is absolutely false. There have been budget cuts in administration, but line officers have never been affected by the cuts. We have evidence, reports from the Library of Parliament complete with exact figures.

I am also proud of the measures taken by our government at the time. Officers were asked to be alone at guard posts at night. Officers were completely alone, left to their own devices. It was excessively dangerous, so we saw to it that there would now be at least two people on duty. We also armed our border officers. They had no weapons previously. How is it possible to intercept someone or take action in dangerous situations without a weapon? That is why we took steps to ensure that Canada is better protected.

Beyond Bill C-3, which will give the public access to a complaints mechanism, our hope is to continue to work to improve border control and enhance Canada's overall security.

Opposition Motion — Instruction to the Standing Committee on Public Safety and National SecurityBusiness of SupplyGovernment Orders

February 4th, 2020 / 12:15 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services

Mr. Speaker, the hon. member spoke a lot about victims and victims' families. Bill C-83 included a clause that would allow victims' families access to audio recordings of Parole Board hearings. This was something victims' families asked us for and we put it in the legislation. The party opposite actually voted against that bill.

When it comes to healing lodges, they are not a free pass. These are minimum-security institutions. We need to clarify the record on those two things.

The motion is about the appointments to the Parole Board, the importance of the independence of the Parole Board and also the independence of this investigation into what happened, and the tragic loss of life in this case. Does the hon. member not feel that the Parole Board needs to be independent?

Business of the HouseRoutine Proceedings

June 20th, 2019 / 12:30 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, there have been discussions among the parties and if you seek it, I think you will find unanimous consent for the following motion:

That, notwithstanding any Standing or Special Order or usual practice of the House:

(a) the amendment to the motion respecting the senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be deemed negatived on division and the main motion be deemed carried on division; and

(b) the amendment to the motion for second reading of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be deemed negatived on division and that the Bill be deemed read a second time and referred to the Standing Committee on International Trade.

Corrections and Conditional Release ActGovernment Orders

June 20th, 2019 / midnight


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The Assistant Deputy Speaker Anthony Rota

When debate resumes on Bill C-83, should it come back, the hon. member for Sherwood Park—Fort Saskatchewan will have 13 minutes and 14 seconds coming to him.

It being 12 a.m., pursuant to order made on Tuesday, May 28, the House stands adjourned until later this day at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 12 a.m.)

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 11:50 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I suspect that this will be my last speech in the 42nd Parliament. I hope to be able to continue after the next election, but, as Forrest Gump says, “Life is like a box of chocolates. You never know what you are going to get.”

I will take advantage of this opportunity before I launch into my specific remarks on this bill to do a couple of things. One is to thank my colleagues, my constituents, my staff and especially my family for their support and the opportunity to serve.

I did want to make a point of paying particular tribute to my friend, the member for Cypress Hills—Grasslands, who is retiring. He is a champion of justice and human rights and someone who has been a great mentor to me as I have sought to engage on many of the same issues that he has been championing for years. I look forward to seeing the ways in which he will continue with these important issues in whatever role he takes on afterwards.

It has been a pleasure to work with members on all sides. I certainly wish my friends on the Liberal side well as they prepare to transition to the private sector. I do plan to campaign in their ridings and I hope they do not take it personally. Perhaps we will have an opportunity to go for a drink afterwards, and I will even bring the Solo cups.

This is the one other point that I wanted to make to honour a promise I made to a particular community. It is that I want to briefly highlight the Zoroastrian community in Canada.

The ancient Zoroastrian religion is one of the oldest religions in the world. Members of this community have been migrating to Canada for many decades, yet they still remain relatively unknown to Canadians, so I thought it would be important to acknowledge their community and their contributions.

The Zoroastrian religion is based on three key principles: good thoughts, good words and good deeds. These are principles that align with Canadian values and represent traits that all Canadians should aspire to have. These teachings were passed on by their prophet, Lord Zoroaster, and through the Zoroastrian religious text, the Avesta.

Zoroastrians believe there is one creator god. The primary symbol of Zoroastrianism is fire, which is seen as a conduit for wisdom and spiritual knowledge.

Zoroastrianism originated in what is now modern-day Iran, but because of persecution, the community had to emigrate to other parts of the world. Zoroastrians, like so many communities, have often come to Canada to escape persecution.

There are 100,000 Zoroastrians around the world and 7,000 of them reside in Canada. Zoroastrians are a peaceful and well-educated community, and we celebrate their work and their contributions.

I am speaking today on Bill C-83, which proposes to replace administrative segregation with so-called structured intervention units.

During its tenure in office, the government has put a big emphasis on the naming of things. “Foreign Affairs” became “Global Affairs”. The universal child care benefit became the Canadian child care benefit, and administrative segregation becomes structured intervention units.

When it comes to the name changes, to this bill, and to the record of the government in general, by this point in the mandate, people are asking that all-important question whenever they hear of a name change, “Where's the beef?”

As Shakespeare wrote in Romeo and Juliet, “What’s in a name? That which we call a rose by any other name would smell as sweet.” In other words, would administrative segregation by any other name be of the same nature?

Parenthetically, Confucius speaks in The Analects about the importance of naming things correctly. He said the beginning of wisdom is to call things by their proper name. He also said:

If names be not correct, language is not in accordance with the truth of things. If language be not in accordance with the truth of things, affairs cannot be carried on to success.

When affairs cannot be carried on to success, proprieties and music do not flourish. When proprieties and music do not flourish, punishments will not be properly awarded. When punishments are not properly awarded, the people do not know how to move hand or foot.

So much of politics, so much of what we have seen here in the last four years, involves effort by government to change the names of things and to re-engineer language. It becomes increasingly difficult to have dialogue and to know the difference between justice and injustice if things are not called by their proper names.

We often bemoan political polarization and the decline of meaningful dialogue. Perhaps we should consider how this is born out of the breakdown of meaning in language, how leaders and elites so often try to name things based on political objectives exogenous to the substance of the thing, rather than simply calling a thing what it is.

The vast majority of stakeholders oppose this legislation because they see it principally as a renaming exercise as opposed to a substantive one. In practical terms, the legislation requires a person in this new form of administrative segregation to have a minimum of four hours out per day, as well as legislated meaningful human contact. This raises questions about the capacity of the government to respond in terms of providing the resources necessary to operationalize this new framework.

In our judgment, the resources are not there to do this safely and effectively, and the distinctions made are not meaningful. This raises further questions in terms of the strength of the drafting of this legislation and the planning that went into it. We also have residual questions of what constitutes meaningful contact and how that can be defined.

On that basis, and recognizing that my time is running short, I will conclude.

I have greatly appreciated the opportunity to spend so much time with members in the House. I encourage members of the government caucus to get away, enjoy the summer, go on vacation, travel and spend time in the Caribbean islands.

I will of course be working hard in my riding. In particular, I hope to spend a lot of time in the beautiful riding of Spadina—Fort York. Maybe the member and I can start an Alasdair MacIntyre discussion group. The member can share with me from his reading of Ayn Rand and I can share more with him about Alasdair MacIntyre and Aristotle.

It has been a pleasure. I wish all members the best, including yourself, Mr. Speaker. I hope to be able to come back in the next Parliament.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 11:45 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I know that the Minister of Public Safety and Emergency Preparedness and the Minister of Justice and Attorney General of Canada have both reviewed this legislation. They did send a letter to the Senate today with regard to some of the amendments that the senators felt they needed to make, in order to, in their opinion, bring the bill to be constitutional. However, Bill C-83 does meet the requirements that the courts were looking for. The courts did not require judicial oversight. No court set 48 hours as a timeline for review.

Yes, we do believe that this bill is constitutional. I will rely on the judgment of my colleagues, in particular the Minister of Justice, who has far more experience than I do on this, that the bill is what we need to do to move forward and to meet the demands from the court.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 11:25 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, Parliament has been studying Bill C-83 for the last nine months. Its essence and objective are the same now as they were when the bill was introduced: to provide a way to separate inmates from the general population in an institution when doing so is necessary for safety reasons, without cutting off those inmates from rehabilitative interventions, programs, mental health care and meaningful human contact.

The main feature of the bill is the replacement of administrative segregation with structured intervention units, or SIUs. In SIUs, inmates would get a minimum of four hours out of the cell every day, twice as much as they currently get in administrative segregation, and for the first time, there would be a legal entitlement to meaningful human contact of at least two hours every day.

In addition to these legislative changes, the government is investing $450 million so that the Correctional Service will be able to hire the staff necessary to provide programs, interventions and mental health care in SIUs and to do it all safely. This investment is critical to the success of the SIUs.

During my conversations with both the Union of Safety and Justice Employees and the Union of Canadian Correctional Officers, as well as during visits I made to corrections facilities in Edmonton and Saskatoon last year, something I heard loud and clear was that there was a need for meaningful investments in corrections to atone for 10 years of cuts by the previous Conservative government so that we can ensure the best rehabilitative outcomes for inmates, and just as importantly, ensure the safety of those who work in corrections.

My friend Stan Stapleton, the national president of the Union of Safety and Justice Employees, wrote an article in May 2019, and I would like to read from it now:

Correctional Service Canada's use of solitary confinement must change. The long-standng practice of managing difficult offenders by [the use of]...solitary confinement is totally unworkable. As Canada's courts have said, it is also profoundly inhumane. Men and women serving federal time are broken and desperate human beings in need of meaningful contact, not further isolation.

At the same time, federal prisons are fraught with danger. The pressure cooker environment and threats of violence lead some prisoners to seek time away from the general population for their own sanity and safety.

Other offenders with a strong propensity for violence and few coping skills simply cannot manage long periods with others without posing a real threat. In a system with few safety valves, administrative segregation (or solitary confinement) has tragically become one of the few.

The new legislation proposes significant changes to solitary. Bill C-83 definitely won't solve everything, but it's a worthy next step. It will mandate that Correctional Service Canada dedicate the appropriate human resources for sustained rehabilitative efforts. Until now, the opportunity for parole officers, program officers, and teachers to spend quality time with the highest needs offenders has been minimal, if existent.

It will render offenders separated from the general population a priority, instead of an after-thought, within Corrections. It will enforce better reporting and accountability mechanisms.

I believe the proposed segregation units will benefit from independent oversight outside of Corrections, as is proposed by the Bill. This is crucial. But to ensure that the Bill does what is intended, the Correctional Service needs to glean the ongoing wisdom of those on the front lines of rehabilitating offenders every day....

A commitment to keep all Canadians safe means serious investments in rehabilitating all offenders in federal prisons, 90 percent of whom will be released back into the community, ready or not. I am hopeful that Bill C-83 passes so that the real work can begin.

That is the end of the article.

I want to thank Stan for his years of service to corrections, for his assistance with my understanding of our corrections system and for providing all of us with the critical perspective of those working in corrections.

Let me return to Bill C-83. The amendments made at the public safety committee last fall addressed practical concerns raised by certain witnesses to help ensure that the new system would function as intended.

The committee heard from indigenous groups, including Dr. Allen Benson and the Native Women's Association of Canada, who called for changes to the definition of indigenous organizations to ensure that it properly captured the diverse range of indigenous groups and organizations working on these issues across Canada.

Following the discussion, the committee was able to unanimously approve an amendment that called for indigenous organizations to predominantly have indigenous leadership. We also heard about the need for CSC to seek advice, particularly in matters of mental health and behaviours, from indigenous spiritual leaders or elders. I was pleased that my amendment to that effect was adopted at committee.

The bill has changed in significant ways since it was first introduced. I am proud to work for a government that is amenable to feedback and was receptive to amendments, informed by witness testimony that we heard at the public safety committee, that make the bill even stronger.

At report stage, we made a major additional amendment, one that I am incredibly proud to have introduced, that creates a mechanism to provide binding, independent, external oversight of SIUs.

The Senate has sent the bill back to us with some additional proposals. I appreciate the intent of all of the Senate's proposals and I am glad the government is accepting several of them, in whole or in part.

Those that we are accepting include the following: mandatory mental health assessments for all inmates within 30 days of admission and within 24 hours of transfer to an SIU; adding precision to the section of the bill that requires the Correctional Service to consider systemic and background factors in decisions affecting indigenous inmates; establishing the consideration of alternatives to incarceration, where appropriate, as a guiding principle of the Correctional Service; and minimizing the use of strip searches.

Other proposals from the Senate are interesting ideas, but they really should be studied as stand-alone items rather than included as amendments to this bill. For example, the idea of expanding the use of measures developed for indigenous corrections to non-indigenous inmates might be valid. When I visited the Pê Sâkâstêw and Buffalo Sage healing lodges in Edmonton last year, I saw first-hand the incredible impact that the programming in these institutions was having on outcomes for inmates who are serving their sentences there.

At Buffalo Sage, I was honoured to take part in a circle with Elder Vicky and hearing from strong female offenders, women who have survived what life has thrown at them and are now on a healing journey, immersed in their culture and on the road to rehabilitation and reintegration. These were women who had escaped violent abusers and themselves ended up in prison, women whose lack of housing and poverty led them to the criminal justice system, and women who lost their children to the foster system. One individual at Buffalo Sage shared with me that for the first time since entering the correction system, at Buffalo Sage she felt that she was able to heal.

I also had the privilege of visiting Pê Sâkâstêw, a men's healing lodge, where I had a memorable meeting with a 39-year-old indigenous man who first came into the justice system at 12 as a young offender. After a life in and out of jail, a life that included abuse and addictions, he was serving a sentence for robbery and now was on a successful healing journey. He lives as a man in prison and a woman outside, and prefers the “he” pronoun. He had reconnected with his community for the first time in 20 years.

I have a lot more that I could say in support of healing lodges and their impact on correctional outcomes for indigenous offenders, but a lot of work would have to go into determining how the Senate's vision would be executed, including what aspects could be borrowed from indigenous programming, what elements would have to be redesigned, what kind of community support exists and where the funding would come from without diminishing from the services provided to the indigenous prison population, which we know is the fastest-growing prison population in Canada.

Another example from the Senate is a proposal designed to deter misconduct by correctional employees and to support inmates affected by it.

It is important to point out that the vast majority of correctional staff are trained professionals doing a very hard job with skill and dedication. They are individuals for whom I have the utmost respect, who work in a job that gets little in the way of accolades from Canadians. Whenever there is an issue with someone working in corrections, we must absolutely address those situations. However, in my opinion, the Senate's proposal of shortening inmates' sentences because of the conduct of correctional personnel is not the right approach.

The Senate has also proposed an amendment that would require the authorization of a provincial superior court for any SIU placement longer than 48 hours.

Once more, I understand and share the objective of ensuring that SIUs are properly used. Robust oversight will help see to it that SIUs will be a last resort, that placements in SIUs will be as short as possible, and that inmates in SIUs are receiving all the time out of cell and meaningful human contact to which the bill entitles them.

It is important to note that in the context of administrative segregation, the Ontario Superior Court of Justice has found that placements must be examined by the fifth working day by a reviewer who is “completely outside the circle of influence of the person whose decision is being reviewed” and ”able to substitute its decision for that of the person whose decision is being reviewed.” The court was explicit that the reviewer need not be external to the Correctional Service Canada and, in fact, recommending “an administrative review provided by the Correctional Service of Canada.” While this finding was specifically in relation to administrative segregation and not SIUs, Bill C-83 would create a review process for SIUs consistent with what the court required for administrative segregation.

Under Bill C-83, SIU placements will be reviewed by the fifth working day by the institutional head who does not report to the initial decision-maker and who has the authority to overturn the initial decision. Importantly, whether in the context of administrative segregation or SIUs, no court has required judicial oversight and no court has set 48 hours as a timeline for review of any kind.

I would remind the House that robust oversight was discussed at length at the public safety committee, and has already been added to the bill in my report stage amendment.

Independent external decision-makers would be appointed by the minister to review any case where an inmate in an SIU does not get the minimum hours out of cell or minimum hours of meaningful human contact for five days in a row or 15 days out of 30. They will also review situations where Correctional Service Canada does not accept the advice of a health care professional to remove an inmate from an SIU or change their conditions. In addition, they will review all SIU placements at 90 days and every 60 days thereafter for inmates still there at that point.

The determinations of independent external decision-makers will be binding and reviewable by the Federal Court. All of that external oversight is on top of regular reviews within the Correctional Service, beginning on the fifth day of placement in an SIU.

There are several advantages to using independent adjudicators rather than judges to provide oversight in this context. For one thing, our courts already have a heavy case load. Giving them additional responsibilities would mean giving them additional resources, namely increasing the number of Superior Court judges, which involves changes to legislation and making budgetary allocations both at federal and provincial levels.

That raises another problem. There are provincial Superior Courts. We should not be adding to their workload to this extent without engaging in thorough consultations with the provinces.

Also, the flexibility of a system of independent adjudicators is a big advantage in this context. A few of them could be stationed in different parts of the country and could be reactive to needs in different provinces. With judges, they are appointed permanently to a specific court and only deal with cases in their jurisdiction. Even for the current system of administrative segregation, the courts have not said that a judicial review is required. The Ontario Superior Court actually expressed a preference for non-judicial review, so decisions could be made faster.

Ultimately, while I appreciate the intent of the Senate's proposal about judicial review, an independent adjudication system already in Bill C-83 can meet the need for oversight without the drawbacks of using the courts.

I appreciate all the Senate's contributions and hard work. This bill has gotten a lot of attention from parliamentarians over the last nine months, and rightly so.

We entrust Correctional Services with the task of carrying out sentences that are supposed to be a deterrent to and punishment for criminal activity and we entrust it with the physical separation of potentially dangerous people from the rest of Canadian society. At the same time, we charge the Correctional Service with the rehabilitation through measures including behaviour counselling, anger management programs, mental health care, substance abuse treatment, education and vocational training.

In a country like Canada, we demand that these tasks all be carried out humanely and with respect, even for the rights of people who have done terrible things, and in accordance with the Charter of Rights and Freedoms. Bill C-83 would help ensure that all these goals can be achieved.

When I spoke to this bill at report stage, I said that I felt strongly that the legislation, combined with the additional investments from our government, would transform our correctional system. That is why I support the legislation and the motion before us today. I urge my colleagues to do the same.

This is the last time I will be speaking in the House before we rise. I would like to acknowledge my staff who are present today: Hilary Lawson and Conor Lewis. This legislation benefited from the input of Hilary, and it would not be the legislation that it is right now without her hard work. Conor has worked with me on the status of women committee. I can quite confidently say that I have the best staff on the Hill. I thank them both for all of their efforts.

I would also like to extend my thanks to the members of the public safety committee who are here tonight. I am sorry I do not know their ridings, but they have both spoken tonight. They have both been incredible members to work with. It is rare that we see members work across the aisle as well as we did on the public safety committee on issues that were by nature very controversial. We always found a way to work together, and even when we did not agree we always did it in a very agreeable way. I would like to commend them for their work, as well as my Liberal colleagues on the committee. We got a lot of good work done, and this bill is one that I am very proud of. I will be going back to my riding knowing that we have passed legislation that will truly be transformative for our corrections system.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:55 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I will be proposing an amendment at the end of my speech. Please let me know when I have one minute remaining.

I would like to share with the House a few important quotes.

First, I will go over the topic I just raised in my question to the hon. member for Yellowhead. In Canada, administrative segregation is a scourge. It has been overused for many years and was an issue well before the current government came to power.

During the previous Parliament, two of our colleagues, the member for Esquimalt—Saanich—Sooke, who was the critic, and the former member for Alfred-Pellan, Rosane Doré Lefebvre, who was the deputy critic, asked many questions about the inquest into the tragic circumstances surrounding Ashley Smith's death. I invite all parliamentarians who wish to speak about that case to read that file.

It is horrifying to see that this teenager, this child, was killed. The findings of the inquest attest to the negligence and abuse in the prison system. The Correctional Service of Canada has to take responsibility for its role in this tragedy.

It is all the more troubling when we consider that members of her family, namely her mother and her sister, if I remember correctly, came to testify before the Senate committee. Senator Pate, who was doing amazing work on this file long before being appointed to the Senate, had invited them to testify. In their testimony, the family members said they were disappointed and furious with the Prime Minister and the Minister of Public Safety, who were supposed to make improvements to ensure that the circumstances surrounding Ashley's death never happened again. They invoked her name and her memory to justify their approach, but in the end this approach will not help resolve the situation at all.

Since the Liberals took office, two courts and the Supreme Court have granted extensions and the government has requested a stay because the legislation before us has not yet passed. The courts found what we have known for a long time, namely that excessive use of administrative segregation is unconstitutional.

That pronouncement is deeply disturbing. We know of numerous cases of abuse. Incidentally, those cases of abuse are not exclusive to federal institutions. However, given our jurisdiction and the limited time we have left, we cannot delve into the many troubling cases that worry us, including the one that happened recently in Ontario.

It is important to bear in mind that the remedy the government is proposing is no remedy at all. In fact, it is quite the contrary. The reason so many stakeholders, and in certain cases, the loved ones of victims of the abusive use of solitary confinement, have deplored this is that all we have is a rebrand. It is solitary confinement under a different name.

As is unfortunately too often the case with the government, we have to propose amendments and make changes to bills, pointing out there are a few things that might be better. Experts agree that the courts will continue to find this practice, even if under a different name like structured intervention units, to be unconstitutional. I will come back to this with some quotes I pulled up earlier, which I want to share with the House.

Bill C-83 was one of the first bills that came before our committee and was opposed by all the witnesses. Rarely had I seen this until quite recently, although there have been a few since then. I am sure Liberal members could pull out a couple of quotes to say that corrections officers think this would be an okay approach. However, the witnesses were opposed to this approach, because a variety of things were not in place that needed to be.

One of the Senate's proposed amendments is to require judicial approval for an inmate to be held in solitary confinement. This is nothing new. Justice Louise Arbour conducted an inquiry into riots at an institution in Saskatchewan. She noted that the overuse of segregation has an impact on inmates.

Judges sometimes impose sentences of imprisonment as part of their duties and authority. However, when segregation is overused, this means that institutions, their managers and, ultimately, the Correctional Service of Canada are altering the judge's decision. They are modifying the sentence handed down by the judge. This was Justice Arbour's argument, which is why she advocated for the use of judicial supervision.

What is particularly troubling to me is that I proposed an amendment, now Senator Pate has proposed an amendment and these amendments are being rejected by the government. My understanding, after hearing the parliamentary secretary's speech earlier tonight, is that it would cause an increased workload on provincial courts. Ultimately, the sad and tragic thing about that argument is that the only reason it would cause an increased workload is because of the abusive use of solitary confinement as so many individuals are being subjected to the practice when they should not necessarily be.

Focusing on women offenders in particular, I presented an amendment at committee to end the practice completely in women's institutions. Why? The figures demonstrate two things. One is that the number of women in solitary confinement is infinitesimal. The practice is not necessary for maintaining security in our institutions, which is obviously the primary reason it is used most of the time. The second is quite simply that pregnant women, women with mental health problems and indigenous women are the women most often negatively affected by the abusive use of solitary confinement. There is certainly an argument to be made about that, but at the very least, it should be with judicial oversight.

In fact, the argument might also be made that Senator Pate's amendment goes too far. I do not think so, which, as I said, leads us to support the amendment, but there are other routes as well. I proposed an amendment that sought a longer period of 15 days before judicial oversight would be required. It is certainly a much longer and wider threshold than what Senator Pate is proposing. That was also rejected.

The fact of the matter is that the issue we are facing here is quite contradictory. I want to go back to another issue that was raised by the parliamentary secretary about the burden we would be putting on provinces. The parliamentary secretary mentioned the burden on provincial mental health hospitals and institutions. That is one of reasons I wanted the Senate amendments. Members will forgive me for not recalling the exact amendment, but this was being proposed.

We look at the same Public Safety department, through the work of my provincial colleague in Queen's Park, Jennifer French. It has fought the Ontario government for years over the fact that it has contracts with Public Safety Canada to detain, in some cases with dubious human rights parameters, immigrants who have sometimes not even committed crimes and have uncertain legal status in our country. When that is the purview of the federal government, these individuals are treated very poorly.

I do not have the title with me, but I would be happy to share with them a great report in the Toronto Star two years ago, if I am not mistaken, on some of these individuals. One individual, for example, in the U.S. was apparently accused of stealing a DVD, but was never found guilty in court. He came to Canada, was working through the process for permanent residency and due to a variety of issues, he is now being detained in a provincial prison under poor circumstances, without the proper accountability that a normal detention process would have. Even though that is the responsibility of the federal government, there are issues like overcrowding and such, and that is through subcontracting that the federal government does with the provinces.

Why am I talking about a completely different case? I am simply trying to demonstrate the government's hypocrisy.

The government has no qualms about working with the provinces. In some cases, it even forces them to implement legislation and various mechanisms related to our legal and correctional systems. Now, the government wants to use the provinces as an argument to continue violating inmates' rights.

As promised, I will share some quotes. I want to share two of them with the House.

First of all, I want to go to the Ontario Court of Appeal ruling granting the second extension, in April. Certainly my colleagues who are lawyers will not appreciate me selectively quoting. It is always a dubious and dangerous game, but I will do so for the sake of expediency. The court said this:

Extensive evidence is put forward outlining the legislative process, the steps necessary to implement the Bill [Bill C-83]including cost, staff training, infrastructure, public consultations.... But this court remains where we were when the first extension was argued: we have virtually nothing to indicate that the constitutional breach identified by the application judge is being or will be addressed in the future.

It is pretty clear from that quote and that extension, and not even the initial judgment ruling that the practice was unconstitutional, that this is an issue the bill will not resolve.

I sort of opened the door to this at the beginning, and I did not quite finish that thought, but I did want to come back to it, because I just mentioned the second extension.

Bill C-56 was tabled in 2017, the first attempt by the government to deal with this, because it was, after all, part of not one minister's but two ministers' mandate letters, the minister of justice and the Minister of Public Safety. As I said, it was a debate that began in the previous Parliament and even before through a variety of public inquiries and the like.

Finally, we get to Bill C-83, which was tabled late last year. Here we are now, at the eleventh hour, having it rammed through, because the government, quite frankly, did not do its proper homework. It is problematic, because here we have the Liberals asking for extensions and having to go now, in the last few weeks, to the Supreme Court, of all places, to get an additional extension. The thing is that the witnesses at committee were not consulted. No one was consulted except the officials in the minister's office, and they all came to committee to tell us that.

I would like someone to explain to me how this could be an issue when the Prime Minister included it in his 2015 mandate letters for the ministers responsible. A bill was introduced in 2017, and two decisions by two different courts, the B.C. Supreme Court and the Ontario Superior Court of Justice, were handed down in late 2017 and early 2018. Then Bill C-83 was introduced in late 2018. Then not one, not two, but three applications were filed for an extension to implement what the courts had requested.

That is interesting. I have a great deal of respect for my colleague from Oakville North—Burlington. Earlier, when she asked the member for Yellowhead a question, she stated that it might be more beneficial for correctional officers if we were to pass the bill so as not to have to impose the will of the courts upon them.

Personally, to defend human rights and prevent people from dying in our prisons due to excessive use of administrative segregation, I would like the courts' restrictions and terms to be imposed. Of course, that is what we wanted to see in the legislation.

On a similar note, I would like to come back to the UN rules concerning segregation, which are known as the Nelson Mandela rules.

They cover a number of factors: the number of consecutive days in administrative segregation, the number of consecutive hours in administrative segregation and the number of hours spent outside the cell. Viewers might see that last point as problematic, but when inmates are outside their cells, they are not frolicking in wildflower meadows. I hope my colleagues will forgive my humorous tone when talking about such a serious issue. All that means is outside the cell used for administrative segregation. The rules also mention the importance of meaningful human contact.

Now I would like to read the quote I read a small part of when I asked the parliamentary secretary a question.

Dr. Adelina Iftene is a law professor at Dalhousie University. I will read the full quote and I ask for colleagues' indulgence. She said:

The government claims that these units don’t fall under the definition of solitary confinement because the amount of time prisoners would be alone in their cells is 20 hours versus 22 hours. While that falls within UN standards, the amount of time prisoners would have meaningful contact with other human beings–-two hours per day--does not. The UN standards state that meaningful contact of two hours or less per day is also considered solitary confinement. The government simply cannot argue that its proposed regime is not segregation. Passing a bill that does not include a cap on segregation time and judicial oversight will lead to another unconstitutional challenge.... Refusal to pass the bill with amendments would be a sign of bad faith, disregard for taxpayers’ money and for the rule of law. It is disheartening to see such resistance to upholding human rights at home by a country that champions human rights abroad.

That drives home the point that the window dressing may have changed, but the store still carries the same goods. Please forgive my use of such a light-hearted expression. The system is the same, and it still has harsh and sometimes fatal consequences for people.

Some people argue that there are public safety reasons for this and that some of these inmates have committed horrible crimes and deserve to be punished. However, by far most of the people subjected to excessive use of administrative segregation struggle with mental health problems. That is a problem because these people are not getting the care they need for either their own rehabilitation or to ensure public safety objectives are achieved and they stop posing a threat to communities and society. Excessive use is at odds with our mental health and rehabilitation goals, and that is bad for public safety. I would encourage anyone who says this measure will improve public safety to think again because there is a situation here we really need to address.

I have a lot more that I would like to say, but my time is running out. As members can see, this problem has been around for years. Many stakeholders gave inspiring testimony, despite the sombre issue and our discouragement with regard to the government's proposals and inaction. What is more, what the Senate has been doing when it comes to some of the bills that were democratically passed by the House is deplorable. I am thinking of the bill introduced by my colleague from James Bay and the one introduced by our former colleague from Edmonton, Rona Ambrose, on sexual assault. That being said, Senator Pate has done extraordinary work. She has experience in the field. She used to work at the Elizabeth Fry Society. She knows what she is talking about, much more than anyone in the House. I tip my hat to her for the amendments that she managed to get adopted in the Senate. I support them.

Accordingly, I move, seconded by the hon. member for Jonquière:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, be now read a second time and concurred in.”

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:45 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, it is my last speech, and I do apologize. It was just the terminology that slipped out.

Years ago we learned that we had to give respect to the prisoners. They had to be treated properly. That is no different today. I realize that Bill C-83 is trying to do that in a number of areas. As our colleagues in the Senate have said, there are some things that need to be corrected. I hate to say it, but the Liberals are not listening again.

My primary purpose in getting up today is to say that the women and men who work in our institutions do a great job for our country. They are a fantastic group of people. In many cases, maybe even more than police officers who are out on the street or our military who might be defending some country somewhere, these guys are right on the front lines.

A lot of our prisoners are everyday common people. We do not need to worry too much about them. They are civil. We can have great conversations with them. We can joke around with them. However, we do have some real bad apples there. Some have mental health problems. Some are just downright mean. Some can be rehabilitated. Some, and I am going back to 50 years of experience, cannot be rehabilitated or do not want to be rehabilitated, and that is where the problem comes with segregation.

I know that the Supreme Court has ruled that we need to change our policies. We need to give prisoners more rights, but that will come at a cost to the country. I guess we will have to accept that, because that is what it has ruled.

However, the primary thing is that I want my friends and my constituents who work at Grande Cache Institution to be safe. I want the average prisoner who is there, who maybe was picked up for impaired driving or maybe something minor, who is not really a bad person, to be very safe in our institutions. That is my primary concern.

My colleagues across have been given a number of recommendations from the Senate that I think need to be addressed and cannot be ignored. I did not pick up on all of them, and I am not going to deal with all of them. However there is one I thought I would spend a little time talking about.

The Senate said that the authority should be left with the institutions as to the movement of a prisoner to a provincial institution. That is only rational, good, common sense. I am not knocking professional health people. They do a great job for us, but we have some great con artists in our jails who could sweet talk the Speaker into letting them sit up there while the Speaker took their place. That is how good they are. I know that the Speaker would never be conned. However, that is where my fear comes in. The institution staff know these people. They are dealing with them 24 hours a day, seven days a week. They know how slick the prisoners can be.

A medical professional coming in, maybe for an hour or two or maybe three hours a week, could be baffled. That is why I think it was a very wise decision that came back from the Senate. It was a common-sense correction, yet it is being ignored.

I appreciate being given the time to stand up here to defend the institutional guards at Grande Cache and others across the country. They are doing a great job for us.

Get rid of the needles. I am not going any further with that. It is the biggest mistake we ever made.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:40 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, I am pleased to join my partner from Battle River—Crowfoot in speaking to Bill C-83. I have stood in the House a number of times to speak to it, and I was on the committee that studied Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

This has been a bad bill right from the beginning. The Liberals did not listen to very many people. They wrote the bill, brought it before committee and forced it upon it, as they are doing today, forcing us in the second-to-last day Parliament is sitting to speak to the amendments that have been brought in by the Senate. The Liberals do not like the amendments, but they want to push this through.

From the beginning, when we started studying Bill C-83 at committee, a number of witnesses came forward. The John Howard Society said it was bad. The Elizabeth Fry Society said it was bad. We had a 19-year prisoner who admitted to being a pretty bad guy, and he said parts of the bill were bad. He was the type of person who needed to be put into a segregation unit to protect the guards and other prisoners, and even himself. The British Columbia Civil Liberties Association said it was a bad bill. The Native Women's Association said it was a bad bill. There were a number of organizations.

Now we have it brought before us, as I said, on the second-to-last day before the House rises for the summer.

My friend from Battle River—Crowfoot just mentioned the corrections union and that his union was not spoken to. Very much like the institution in his riding at Drumheller, which is medium-security, I have a medium-security facility in the town of Grande Cache, in the great riding of Yellowhead. It is probably one of the most beautiful jail settings in North America. It is on top of a mountain overlooking the Rocky Mountains. There are a large number of aboriginal prisoners there.

I know some of the guards there very well; some of them went to school with my daughter years ago. They are very concerned that they were not consulted properly and that Bill C-83, if enacted the way it is, will make it dangerous for the guards. That is totally unacceptable.

The change would make prisoners more dangerous for the guards, as they will have to deal with the worst of the worst and the most volatile being out and about from their cells for four hours a day.

I totally agree that things need to change and we need to be civil and human in how we treat prisoners. Many years ago, I had the privilege to be on what the RCMP called provost duty. I escorted prisoners throughout British Columbia and western Canada back and forth from remand centres and detachments to prisons, etc. I came to know many of these individuals on a personal basis and many times I travelled 200 or 300 miles with three prisoners by myself.

One could be a real dick and those guys would hate it by the time they got to the destination, or one could be a decent individual, have a conversation with them, treat them decently, with respect and dignity, and have a 200- or 300-mile drive with three prisoners.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:35 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, with respect to the consultations, let me quote what Jason Godin, president of the Union of Canadian Correctional Officers, said. This is partly involving the costing of the bill. He stated, “Unfortunately, due to cabinet confidentiality, as our commissioner often tells us, we weren't really consulted.” That is what the union said.

When I speak to my officers, they are not consulted about a whole host of issues.

A member of the committee said she spoke to a number of people. However, it should not just be a chat with someone on the sideline of a committee meeting, but deep consultations with not just the union but correctional officers.

Godin continues, “The bill was as much a surprise to us as it was to anybody. I don't see the bill before it comes onto the table, so we weren't officially consulted on Bill C-83.”

Here is our problem. I asked the parliamentary secretary tonight about the costing of the bill. She gave us a line item, but she did not specify what the costs would be for the scanners or the change to the integration system and no longer having the administrative segregation. We do not have those answers.

This is another one of these bills where we moved into tonight's last few hours of debate after the government invoked closure and time allocation.

I will go into some of what Senator Pate said. She stated, “If there have been no meaningful consultations to this point on this process, then I would not have faith that those mechanisms would be put in place within the prison setting”. Although the Senate has brought forth amendments, the senator is saying she recognizes there is a lack of consultation.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:35 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, while we are debating Bill C-83 tonight, the hon. member spent a great deal of time talking about corrections officers and the needle exchange program, which has absolutely nothing to do with this bill.

He mentioned that there has been no consultation with corrections officers. I would like to correct the record on that. I have met with them numerous time and the minister just recently spoke at their meeting in Calgary. Quite frankly, if we had not had the draconian cuts to corrections that were made over the last 10 years, our corrections officers would be much better prepared in their daily efforts at work. I have the utmost respect for corrections officers.

My question to the hon. member has to do with the Senate amendments, which is what the debate is about tonight. Will his party be supporting them?

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 10:25 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I thank the chamber for doing that.

This undoubtedly will be the last time I ever speak in this place. As I rise on this night, I want to thank the throng of people that have come out to hear this speech.

I rise this evening to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

This legislation seeks to eliminate administrative segregation in correctional facilities; replace these facilities with new structured intervention units, or SIUs; introduce body scanners for inmates; set parameters for access to health care; and formalize exceptions for indigenous offenders, female offenders and offenders with diagnosed mental health issues.

Just as we fundamentally opposed the bill in its original form, we oppose the government's motion respecting the Senate amendments.

We on this side of the House believe that this legislation has the potential of making prisons more dangerous both for offenders and for correctional officers. I will get into that in a bit.

Drumheller Institution, a medium security facility, is located within my riding of Battle River—Crowfoot. Over the many years I have represented this riding, I have developed a very good rapport with many of the good people who work there.

Correctional officers contact my constituency office on a regular basis, asking for assistance in resolving cases and issues they have within and with their institution. I would never support a bill that could potentially endanger their lives any more than they already are, given that they are employed in an inherently hazardous occupation. Currently, my office has 20 active files and 50 inactive files, but also unresolved files from Drumheller correctional workers with respect to pay issues due to the Phoenix pay system, as well as other issues. They are not alone. Nearly two-thirds of public servants have unresolved pay issues more than three years after the Phoenix system was launched.

Now the national union president representing correctional officers is raising serious concerns about the very real possibility of some new measures taking place within the institution. One of them is the first supervised drug injection site for prisoners. The Correctional Service of Canada has neither confirmed nor denied this is about to happen by the end of the month.

As National President Jeff Wilkins told the National Post in an article that appeared on June 9, “The correctional officers are dead set against the prison needle-exchange and the current way it's being rolled out.” It is a program that he says is unsafe for guards, as they are responsible for distributing needles to prisoners in their cells, a scheme that has done nothing to stop needle sharing and defies reason in that people in prison should not have access to those drugs.

One of my constituents wrote me, “As a Correctional Officer, I am opposed to the proposed Needle Exchange program, which is definitely defeating the purpose of the whole anti-drug thing that we were shooting for in jail. Is there any way that I and other co-workers can express our concerns with our MP?”

l told him that I was definitely open to hearing and discussing these concerns with him and his colleagues. I could not assure him, however, that the Liberal government would listen. I did in fact tell him that I would bring his concerns to the Minister of Public Safety and Emergency Preparedness but was not at all confident that he would be receptive to those concerns.

After 19 years in this place and a number of years as our party's public safety critic for the official opposition in 2001 until about 2005, I have learned that when it comes to justice, under Liberal governments inmates and their rights take precedence over victims and correctional officers' rights.

For the 19 years that I have been in this place, I have repeatedly stood in the House fighting for victims' rights, fighting for changes to the Corrections and Conditional Release Act to end such things as statutory release and promoting the idea of protection of society as a guiding principle in our justice system.

I oppose conditional sentences as originally prescribed by the Liberals, which saw rapists and other violent offenders serve their sentences at home. My constituents back me up on that.

I am equally opposed to needle exchange programs in our correctional institutions, and I am opposed to injection sites. I wholeheartedly agree with the union president that rather than providing needle exchanges and designated sites within prisons for inmates to shoot up, we should perhaps have medical facilities closer to these prisons to deal with the drug overdoses that may result.

So much more should and can be done to stop the drug trade within the correctional facilities, which is leading to overdose, to death and to the continued gang wars that take place within our prisons. Canadians would agree that it defies reason that drugs make their way into the prisons, not to mention the huge amount of drugs and number of needles that circulate.

This is certainly not a new phenomenon. This has been going on for years. The Liberals' only solution is to give the inmates what they want. I disagree.

I fully understand that many inmates are drug addicts and that many of them are in prison as a result of criminal behaviour related to their addiction. They need help. They do not need more drugs, especially drugs that are bought or bartered for within prison. The fact that drugs cannot be stopped from entering our prisons certainly is a blight on the reputation of the Correctional Service of Canada.

As I pointed out this year when I last spoke to this bill, the Correctional Service of Canada certainly has been the subject of much criticism over the last number of years. In that speech, I mentioned one of the fall reports of the Auditor General of Canada, in 2017. It was entitled “Preparing Women Offenders for Release”. The objective of the Auditor General's report was this:

[to determine] whether Correctional Service Canada assigned and delivered correctional programs, interventions, and mental health services to women offenders in federal custody—including Indigenous women offenders—that responded appropriately to their unique needs and helped them successfully reintegrate into the community.

We heard our parliamentary secretary talk about correctional programs tonight, and this bill also deals with indigenous women offenders.

As noted by the Auditor General:

Under the Corrections and Conditional Release Act, Correctional Service Canada is required to provide programs and services that respond to the needs of women offenders.

The report states:

Overall, we found that Correctional Service Canada had not implemented an initial security classification process designed specifically for women offenders.... As a result, some women offenders risked being held at inappropriate security levels....

Furthermore, and most relevant to our debate here this evening, the Auditor General concluded:

We found that Correctional Service Canada had not confirmed whether its tools correctly identified women offenders with mental health issues or assigned them the appropriate level of care.

I also spoke about report 6 of the fall 2018 Auditor General report on community supervision of offenders, in which the Auditor General found that while the number of offenders released into community supervision had grown and was expected to keep growing, the Correctional Service of Canada had reached the limit of how many offenders it could house in the community. Despite the growing backlog and despite research that showed that a gradual supervised release gave offenders a better chance of successful reintegration, the Correctional Service of Canada did not have a long-term plan to respond to its housing pressures.

The Auditor General also found that the Correctional Service of Canada did not properly manage offenders under community supervision. Parole officers did not always meet with offenders as often as they should have, nor did parole officers always monitor offenders' compliance with special conditions imposed by the Parole Board of Canada.

I continue today to implore the Liberal government to focus on ensuring that the Correctional Service of Canada fully meets its mandate. The safety and security of Canadians depends on the successful rehabilitation and reintegration of offenders into society upon their release. Given the findings of the Office of the Auditor General, I believe that uneasiness with respect to safety and security of Canadians extends well beyond Bill C-83.

I implore the current government to start thinking about those who find themselves in danger's way daily by implementing measures and policies to protect them. If it only took the time to consult them, I am confident their ideas, based on years of experience, would ensure Correctional Services Canada would be able to fulfill its mandate.

I am thankful for the opportunity to speak tonight. I look forward to any questions.

Corrections and Conditional Release ActGovernment Orders

June 19th, 2019 / 9:55 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, that is why we are proposing to remove these terms. Even so, of course, the Charter of Rights and Freedoms will continue to apply to everything the Correctional Service does.

The other amendment that we are proposing to partially retain has to do with strip searches. The Senate is proposing to prohibit any strip searches conducted as a matter of routine and we wholeheartedly endorse that objective. It would not be pleasant for any of us to be strip-searched.

People in prison have often experienced trauma, including sexual abuse. Strip searches can cause them to relive that trauma and can even deter people from participating in programs like work release if they know they will be strip-searched on their way out or on their way back in. The Correctional Service should do everything possible to minimize strip searches.

That is why Bill C-83 would allow for the use of body scanners similar to what exists in airports as recommended by the United Nations. Rather than a blanket prohibition though, the government is proposing that the law require that Correctional Service use a body scanner instead of a strip search whenever one is available. That accounts for the fact that it will take some time for body scanners to be installed in every institution and it recognizes that sometimes machines break down. In those situations, correctional staff still need to be confident that inmates are not smuggling drugs, weapons or other contraband. That is important not only for staff safety but for the safety of other inmates as well. As body scanners become more available in federal institutions, strip searches should become increasingly rare.

I will now turn to the proposals from the Senate with which we respectfully disagree.

To begin with, there are two relatively similar ones that would take existing concepts used for indigenous corrections and expand them to other unspecified groups. This would apply to section 81 of the act, which allows for community-run healing lodges and section 84, which allows for community-supported release. Both of these concepts have proven valuable and successful in an indigenous context and the idea of expanding them is indeed worthy of serious consideration.

Certainly, there are other overrepresented groups in federal custody, particularly Canadians of African descent. Our government is wholly in favour of examining whether strategies that have worked for indigenous corrections can be successfully applied in other contexts and with other communities. We are opposing this amendment not because we disagree with the principle but because the serious consideration and examination I mentioned has not happened yet.

Before moving forward with something like this, there should be extensive consultations to determine which groups would be interested. Where does the capacity exist? And how the experience of the relatively few indigenous communities and organizations that run section 81 facilities is or is not applicable more broadly.

It would be a major policy change and potentially a positive one, but the study and analysis should come before we change the law, not after.

We also respectfully disagree with an amendment that would require the Correctional Service to approve the transfer to a provincial hospital of any inmate with a disabling mental health issue. As I mentioned earlier, in the 2018 budget, our government increased funding for external mental health beds. The use of provincial hospitals may be appropriate in some circumstances. The fact is, though, that it can be very difficult to find provincial hospitals willing and able to house and treat federal inmates. If we want to change the law without the aim of bringing about the transfer of a significant number of people from federal correctional institutions to provincial hospitals, it is imperative that we consult the provinces first.

It is also important for the sake of preserving the clinical independence of the health care providers who work in corrections that the law not pre-empt their professional judgment. The law already allows for these kinds of transfers where possible and appropriate and where recommended by medical professionals. At the same time, we are dramatically bolstering mental health resources within the federal correctional service so that inmates receive high-quality mental health care wherever they serve their sentence. We are also proposing not to accept an amendment that would allow sentences to be shortened on application to a court, due to acts or omissions by correctional personnel deemed to constitute unfairness in the administration of a sentence.

Once again, the goal of deterring improper conduct by correctional staff is commendable. There are a great many people working in federal corrections who are committed professionals doing excellent work. Anything less should be deterred, denounced and the persons potentially disciplined or dismissed. Inmates who are negatively impacted by inappropriate conduct on the part of correctional staff already have recourse, in the form of grievances or lawsuits, for example. The idea of retroactively shortening court-imposed sentences in these circumstances would be a major policy change. Before enacting this kind of provision, there should be consultations with stakeholders, including victims groups as well as provincial partners and other actors in the justice system. Parliamentarians in both chambers should have the opportunity to study it at length. It is not something that should be tacked on at the end of a legislative process that did not contemplate this kind of approach.

We also respectfully disagree with the recommendation to have the new system reviewed by parliamentary committees after two years rather than five. This House added a five-year review to the bill, and that is a reasonable time frame. It gives the new system time to get off the ground and be fully implemented and that will actually make Parliament's review more meaningful and impactful when it happens. In the interim, the minister will soon be appointing an advisory panel to monitor implementation of the SIUs as they roll out. That panel will be able to visit sites, meet with inmates and staff, provide feedback to the commissioner and sound the alarm if something is really not working out as it should. Of course, parliamentary committees do not need legislation to tell them what to study. Even without a legal requirement, if committees of this House or of the other place want to review the SIU system two years from now, they are perfectly free to do so.

Finally, the government respectfully disagrees with the proposal to institute judicial review of all SIU placements after 48 hours. Bill C-83 already has a strong system of binding external oversight.

Independent external decision-makers appointed by the minister will review any case where someone in an SIU has not received the minimum hours out of cell or minimum hours of meaningful human contact for five days in a row, or 15 days out of 30. They will also review cases where the Correctional Service is not following the advice of a health care professional to remove an inmate from an SIU or change their conditions. They will review all SIU placements at 90 days and every 60 days thereafter for any inmate still in the SIU at that point. That is in addition to regular and robust internal review at five, 30 and 60 days.

Simply put, judicial review of SIU placements is unnecessary. Colleagues do not have to take my word for it. At the public safety committee, the correctional investigator supported using the independent chairperson model to oversee SIUs. That is a model that uses ministerial appointees, not judges.

Plus, while no court has considered the new SIU system proposed by this bill, courts in Ontario and B.C. have rendered decisions about the kind of oversight they deem necessary for the current system of administrative segregation. In B.C., the court found that oversight of administrative segregation must be external to the Correctional Service but did not say that judicial review was required. In Ontario, the court actually found that internal review was preferable, saying, “The reviewing tribunal can have adequate independence without having all the attributes of a judge.”

Beyond being unnecessary, requiring judicial review of all SIU placements longer than 48 hours would have considerable impacts on provincial superior courts. There would need to be new judges appointed to handle the caseload. Those judges would be paid for out of federal funds and they would require support staff paid for by the provinces. There would also be changes required to the Judges Act, as well as to corresponding provincial legislation. In other words, accepting this amendment would mean imposing legislative and financial requirements on the provinces without so much as a phone call to check and see if they are on board.

If judicial review were the only way to ensure that this new system works properly and to provide the procedural safeguards required, then one could make an argument that all of these complications, making legislative amendments across the country, finding the money in federal and provincial coffers, and fast-tracking the appointment of a bunch of new judges would just have to somehow get done. However, judicial review is far from the only option. There must absolutely be robust oversight of the new system proposed by Bill C-83 and review by independent external decision-makers meets that need.

I thank all hon. senators for their efforts and their contributions. At this point, the bill truly is the product of the Parliament of Canada as a whole.

If the version we are sending back to the Senate receives royal assent, it will be a piece of legislation drafted by the government, amended by Liberal, Conservative, NDP and Green Party members, and amended by our colleagues in the Senate, as well.

For all of our frequent disagreements, this bill is a good example of the strength of the legislative process in our parliamentary democracy. Most importantly, it will significantly improve Canada's correctional system, enhancing the safety of the people who work and live in federal institutions and improving the system's effectiveness when it comes to rehabilitation and safe, successful reintegration.

I look forward to the passage and the implementation of Bill C-83.

(Bill C-91. On the Order: Government Orders:)

June 14, 2019—The Minister of Canadian Heritage and Multiculturalism—Consideration of the amendments made by the Senate to Bill C-91, An Act respecting Indigenous languages.

(Motion agreed to)

(Bill C-92. On the Order: Government Orders:)

June 14, 2019—The Minister of Indigenous Services—Consideration of the amendments made by the Senate to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families.

(Motion agreed to)

(Bill C-98. On the Order: Government Orders:)

June 18, 2019—The Minister of Public Safety and Emergency Preparedness—Consideration at report stage of Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Public Safety and National Security without amendment.

(Bill concurred in at report stage, read the third time and passed)

(Bill C-101. On the Order: Government Orders:)

June 14, 2019—The Minister of Finance—Consideration at report stage of Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, as reported by the Standing Committee on Finance without amendment.

(Bill concurred in at report stage, read the third time and passed on division)

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

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June 19th, 2019 / 9:45 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, Bill C-83 has two main objectives.

First of all, it would allow federal inmates to be separated from the general prison population when necessary for security reasons. Second, it will ensure that inmates have access to the interventions, programs and mental health care they need to safely return to the general prison population and make progress toward successful rehabilitation and reintegration.

The bill would achieve these objectives by replacing the current system of administrative segregation with structured intervention units. In SIUs, inmates would be entitled to twice as much time out of their cells, four hours daily instead of two, and two hours of meaningful human contact every day.

We have allocated $448 million over six years to ensure that the Correctional Service has the resources to provide programs and interventions to inmates in SIUs and to implement this new system safely and effectively. That funding includes $150 million for mental health care, both in SIUs and throughout the federal correction system.

Bill C-83 was introduced last October. It was studied by the public safety committee in November and reported back to the House in December with a number of amendments. There were further amendments at report stage, in February, including one from the member for Oakville North—Burlington that added a system for binding external review.

In recent months, hon. senators have been studying the bill, and they have now sent it back to us with proposed amendments of their own. The high level of interest in Bill C-83 is indicative of the importance of the federal corrections system and of the laws and policies that govern it. Effective and humane corrections are essential to public safety, and they are a statement of who we are as a country. In the words of Dostoyevsky, “the degree of civilization in a society is revealed by entering its prisons.”

I extend my sincere thanks to all the intervenors who provided testimony and written briefs over the course of the last nine months and to parliamentarians in both chambers who examined this legislation and made thoughtful and constructive suggestions.

Since the Senate social affairs committee completed clause-by-clause consideration of the bill a couple of weeks ago, the government has been carefully studying the committee's recommendations, all of which seek to achieve laudable objectives. We are proposing to accept several of the Senate's amendments as is or with small technical modifications.

First, with respect to minor adjustments, we agree with amendments that would require a mental health assessment of all inmates within 30 days of admission into federal custody and within 24 hours of being transferred to an SIU. This fits with the focus on early diagnosis and treatment that will be facilitated by the major investments we are making in mental health care.

We agree with the proposal to rearrange section 29 of the act, which deals with inmate transfers, to emphasize the possibility of transfers to external hospitals. The Correctional Service runs five certified psychiatric hospitals of its own and will now have significant new resources for mental health care. Even so, there may be cases when a transfer to an external facility is appropriate. If the transfer can be done safely, if the hospital has the capacity and if it is in the best interest of the patient, then it should be done. In fact, that is why we allocated funds in budget 2018 for more external mental health beds.

We also agree with an amendment regarding the initial review of SIU transfers. The bill would require a review by the warden in the first five days. This amendment clarifies that the clock on those five days would start ticking as soon as the transfer decision was made, as opposed to the moment the inmate physically arrived in the SIU.

With minor changes, we agree with two amendments to the section of the bill that would require consideration of systemic and background factors in decisions involving indigenous offenders. One of them would provide greater precision by specifying that a person's family and adoption history should be included in the analysis. The other would clarify that these factors may be used to lower the assessment of an inmate's risk level, but not to raise it.

These provisions in themselves would obviously not be enough to solve the problem of indigenous overrepresentation in the corrections system. The upstream socio-economic factors that result in higher rates of indigenous people involved with the criminal justice system must generally be addressed in concert with other departments and agencies, and efforts to that effect are indeed under way. The Correctional Service is charged with ensuring that indigenous people in its custody get a genuine opportunity to turn their lives around, and these amendments should help advance that objective.

There are two other amendments on which we agree with the intent, and we are essentially proposing to meet the Senate halfway.

The first is an amendment that seeks to add certain elements to section 4 of the act, which establishes guiding principles for the Correctional Service. In particular, it puts a focus on alternatives to incarceration, and we agree that those alternatives should be consistently considered and used wherever appropriate.

We are, however, suggesting a few changes to the language drafted in the Senate. For example, the amendment lists sections 29, 81 and 84 of the act as alternatives to incarceration. Section 29 refers to hospital transfers, and section 81 refers to healing lodges, so their inclusion here makes sense. However, section 84 is about community-supported release following incarceration. It is not an alternative; it is the next step, so we are proposing to remove it from this list.

The amendment would also require that preference be given to alternatives to incarceration. Frankly, that is very problematic. Alternatives to incarceration should be used where appropriate, but there are situations when putting someone in prison is a valid and necessary approach. Alternatives should be considered, but not necessarily preferred.

Also, for clarity sake, we are proposing to remove or replace certain terms that do not have established legal meanings, such as “carceral isolations” or “incarcerated persons” or “a broad interpretation informed by human rights”. Certainly, everything government agencies do should be informed by human rights principles, but to be enforceable and actionable, legal terms need to have clear and precise definitions. If we asked everyone in this House to explain what it means to interpret legislation broadly and in a manner informed by human rights, we would probably get 338 different responses.

The House resumed from June 14 consideration of the motion in relation to the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

Parole SystemPrivate Members' Business

June 19th, 2019 / 6:05 p.m.


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Liberal

Chris Bittle Liberal St. Catharines, ON

Mr. Speaker, I am pleased to have this opportunity to rise today and add my voice to the debate on Motion No. 229.

Before I do that, this may be my last opportunity to give a speech during this Parliament, so I want to thank my wife, Charlene, and my son and daughter, Ethan and Hannah. Hannah will be turning one next week, and Ethan will be turning three next month. They came after my election and do not know any different, but they make a great deal of sacrifices, like so many other kids of parents who work here on a daily basis. It is important to say thanks to remember them and those whom we leave back in our ridings to do this important work.

I also want to thank my constituents for this incredible honour of representing the people of St. Catharines here in this place almost four years.

Let me begin by first thanking the hon. member for Milton for bringing this motion forward. If there is one thing in this House that all of us can agree on, it is the importance of supporting victims and survivors of crime.

I would like to take a moment to recognize the dedication and tireless efforts of all those who work so hard to provide that support. We are all fortunate in this country to have a system in place that is there for people in their greatest time of need. That system spans different orders of government across different sectors. It offers programs and services that support victims of crime so that they can play an important role in the criminal justice system. It works to meet their needs and ensure that they do not suffer in silence. It encompasses professionals and volunteers who work with victims and survivors, helping them to get their lives back on track and making sure they are not re-victimized along the way.

I would like to take a moment to recognize the important work of Victim Services Niagara for the incredible work the people there in my home region do on a daily basis, and to recognize also the Kristen French Child Advocacy Centre. So many organizations across the country are working so hard and so passionately for victims of crime.

As part of that system, the federal government has an important role that includes support for victims of federal offenders, meaning those serving a sentence of two years or more. The Correctional Service of Canada, or CSC, strives to ensure that victims of federal offenders have an effective voice in the federal correctional and justice systems. Part of that involves providing them with information. Last year, in fact, victims received 160,000 pieces of information from CSC and the Parole Board of Canada.

That information is not automatically provided. Victims must register with CSC and the Parole Board in order to obtain that information about the offender who harmed them. However, the government has launched a victims portal to make that process easier. The portal provides a simple and secure way for victims to register and access information. It also allows them to submit information electronically for consideration in case management decisions. That includes victim statements, which can be submitted at any time during the offender's sentence.

In addition to the portal, victims are able to reach victim services officers by email or by phone. These officers can provide victims with information about CSC and the offender who harmed them. That includes information about correctional planning, decision-making processes and the progress the offender is making toward meeting the objectives of his or her correctional plan.

Victims are entitled to receive more than 50 types of notification. For example, victims can be notified of the start date and length of the sentence that the offender is serving. With respect to the motion before us, I would also point out that victims are already notified of the offender's eligibility and review dates for temporary absences or parole. That said, there could be room for improvement. Debates like this one certainly help us to shed some light on the issue of ways to support victims.

This debate is also taking place not long after the government took important steps forward in terms of how it communicates and engages with victims of federal offenders. On May 27, in conjunction with the 14th annual Victims and Survivors of Crime Week, the government announced a new victims outreach strategy.

The strategy has two main goals: The first is to improve public awareness about the information and notifications that the CSC provides to registered victims, and the second is to bring greater clarity to certain aspects of the corrections and conditional release system, including victims' understanding of sentence management and the offender reintegration process.

Specifically, the strategy will see the Correctional Service of Canada promoting the benefits of registration. CSC would also promote the information available to victims through the victims portal and the benefit of submitting a victim statement outlining the impact of the offence on them. CSC is working with federal partners in consultation with victims and survivors to develop new tools to let people know about the resources that are available. These tools include infographics videos and a social media campaign. That is just one recent step that the government has taken to support victims.

It has also proposed a new measure under Bill C-83, which is being considered by Parliament, to increase the participation of victims in the criminal justice system. If that bill passes and receives royal assent, victims who attend a Parole Board of Canada hearing will be allowed to listen to an audio recording of the parole hearing.

Right now, that opportunity is only available to victims who do not attend the parole hearing. It makes perfect sense to extend audio recordings to all registered victims because it would allow victims who did attend a hearing and found the experience difficult and traumatic to have a clear sense of how things transpired.

All of these measures are complemented by the government's National Office for Victims. The office provides a central national resource for information and support to victims of federal offenders. It can answer questions about the criminal justice, corrections and conditional release systems, giving victims a more effective voice. Last year, the office distributed more than 6,000 publications to victims of crime, victim service providers and the general public. The office also helped to point victims in the right direction by receiving calls, responding to email queries and referring Canadians for direct services.

Finally, I would like to note the support the government is providing to victims and survivors of the despicable crime of human trafficking.

Budget 2018 included federal funding of $14.5 million over five years and $2.9 million per year after that to establish a national human trafficking hotline. Being from Niagara, I find this initiative to be incredibly important, because ours is a border community where so much of that crime occurs. Because so much trafficking occurs through that border crossing, it is important for my community to have those types of resources to combat this horrible crime.

I am pleased to report that the hotline was launched on May 29. It offers help and hope to victims and survivors 24 hours a day, seven days a week, 365 days a year, and it is confidential.

Victims and survivors will be able to use it both to seek information and to receive the help they need to find safety and protection. This includes connecting them to local law enforcement, emergency shelters, trauma counsellors, transportation and other services and supports. The hotline will also forward information to law enforcement agencies so they can take action against the perpetrators.

This is only a sampling of the federal measures that are in place or on track to support victims of crime. There is always more we can do to make things work even better for them.

I am proud to stand behind a government that takes this issue seriously, that has already taken steps to improve the support system for victims and is committed to working with partners on further improvements to better serve the needs of victims and survivors of crime.

Again, I would like to take this opportunity to thank all of those involved in victim services. It is an incredibly difficult job to help people through the trauma they experience. We talk a lot about first responders and the important work that they do, but victim support workers provide a significant component of that, the next step that is too often forgotten about. The work is important to help get people on the right track, to help them move forward, and I would like to take this opportunity to thank them.

Again, I would like to thank the member for Milton for introducing the motion and spearheading this important debate.

Parole SystemPrivate Members' Business

June 19th, 2019 / 5:35 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I am pleased to participate in this debate, and I would like to thank the hon. member for Milton for moving this motion.

The motion comes just short weeks after Victims and Survivors of Crime Week. Members may know the objectives of that week.

The first objective is to raise awareness across Canada about the issues facing victims and survivors. They and their families must be treated with courtesy, compassion and respect at all stages of the criminal justice process. Victims, survivors and their families also have an important role in helping to ensure that justice is done, that during the parole process, for example, reliable and relevant facts about parole can be made.

The second goal of this special week is to let victims and their families know about the services, programs and laws in place to help and support them.

The motion before us states that:

the government should amend the Corrections and Conditional Release Act prior to the next election, so as to provide victims with an explanation of how dates are determined for offenders’ eligibility for temporary absences, releases and parole.

I will point out that information about offender eligibility dates is provided to victims already, but it is always worth examining whether there is room for improvement.

That said, the government already provides victims with useful and timely information in a number of ways.

In fact, last week, the government announced an important new step, a new victim outreach strategy to ensure that more victims would be aware of the information available to them and the role they could play in the corrections and conditional release process.

There was a great deal of collaboration in creating this strategy. Correctional Services Canada worked with federal partners, including the Parole Board of Canada, Public Safety Canada's National Office for Victims and the Department of Justice Canada, in consultation with victims and survivors. The result is a suite of communication tools to inform the public and victims of the resources and services available to them. The tools include infographics, videos and a social media campaign.

Another way that victims can receive information is through the victims portal. The portal is a secure online service, available to registered victims to receive information about the offender who harmed them. They can submit information electronically, including their victims' statements. These communication tools help victims stay informed, engaged and empowered to make informed decisions.

The Public Safety Canada portfolio is also working to ensure that victims of federal offenders have a voice in the federal criminal justice system.

For example, there are now 8,000 victims registered with Correctional Services Canada and the Parole Board of Canada. They are entitled to receive over 50 types of notifications. Last year, they received 160,000 pieces of information.

Along with more avenues to obtain information and give their input, victims have access to resources such as dedicated victim service officers, who provide victims with information about correctional services and the offender who harmed them.

Victim service officers explain to victims how correctional planning works and how decisions are made. They provide victims with information on the offender's progress toward meeting their correctional plan. They advise when parole hearings are scheduled.

It is fair to say that the rest of the motion aims to ensure that victims are treated even more fairly and respectfully by our criminal justice system. For decades, Canada's criminal justice system has been getting better at attending to the needs of victims and survivors, whether it is a matter of providing information, delivering support, or simply showing empathy and respect.

When Correctional Service of Canada prepares an offender's case for a parole hearing, for example, it takes into account the concerns that victims have raised in their victims' statements. Last year, victims presented over 300 statements at parole hearings. We are also taking steps to make the parole hearing process less traumatic for victims and survivors.

Members may recall that as part of the implementation plan for the Canadian Victims Bill of Rights, the National Office for Victims hosted consultations on the victims right to information, participation and protection in the corrections and conditional release system.

One of the early issues discussed at the round tables was the parole hearing process as legislated in the Corrections and Conditional Release Act.

Under its terms, victims unable to attend the parole hearing can have access to an audio recording of the hearing. At round tables held by the National Office for Victims, we heard that attending a parole hearing could be traumatic, such that afterwards many victims did not have a clear sense of what exactly was discussed.

Why not make the audio recordings available to those who have attended the parole hearing as well as those who could not attend? Why not enable them to listen again at a time and a place of their choosing?

That is one of the proposed amendments we have included in Bill C-83, an act to amend the Corrections and Conditional Release Act, to strengthen victims roles in the criminal justice system.

This is just one way we can increase the number of avenues through which victims can obtain information and participate in the processes of the criminal justice system. There is always more that can be done, but we continue to take steps in the right direction.

One of the most important things we can do is prevent people from becoming victims in the first place.

The national crime prevention strategy provides leadership on ways to prevent and reduce crime among at-risk populations and vulnerable communities. The strategy's goal is to mitigate the underlying factors that might put individuals at risk of offending in the first place.

The Government of Canada is making up to $94 million available over five years to develop inclusive, diverse and culturally adapted crime prevention projects right across Canada.

The national crime prevention strategy is another example of this government's efforts to reduce crime and by the same token, reduce the number of victims.

The government will continue to work with all our partners to support victims in every way possible.

Once again, I would like to thank the hon. member for introducing this motion and I look forward to continued debate on this very important topic.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / 12:30 p.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, if this were a brand new topic that had never been introduced in the House before, it would present a challenge to deal with all of the detail within five hours, but this is a topic that has been amply debated in the House, in the Senate and now back in the House again.

It is time, in light of the very pressing court decisions that are outstanding, for the House to conclude the debate and take a final vote, knowing very clearly, already on the record, what the important views are, for example, of the correctional officers union, which has been very clear in its position, wanting to see Bill C-83 accepted by the government and by Parliament.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / 12:30 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, this is terminology that the hon. gentleman likes to use quite often in the House. I count eight substantive amendments that the government is accepting or has modified from the Senate. The minister said that the government has considered this and is satisfied with it, and therefore it is moving time allocation, which provides us with only five hours.

Several members who have penitentiaries in their ridings have risen on our side of the House. They would like to go back to their constituents and get their opinion on this, and I would like to go back to former prison guards who live in my riding. However, today we are being told there are five more hours and that is it.

The member for Peace River—Westlock mentioned this was four minutes at this stage of debate. How many members can speak in four minutes? Very few could provide substantive feedback. The time allocation being moved today by the government is shutting down debate. I have seen this time and again, both at standing committees of the House and on other legislation.

I spoke to Bill C-83 before and mentioned all my concerns and worries that constituents had explained to me over the distinct sections and technicalities of the bill. The issue now is that, with only five hours left, it gives us literally no time to return to our constituents to get their feedback on these eight substantive amendments.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / 12:25 p.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, let me once again point out that what we are beginning here is not the end of the debate but another five hours of debate on this very topic. There will be five more hours of debate, in addition to all of the debate that has taken place in the Senate, in addition to all three stages that were dealt with earlier in the House, plus extensive committee hearings by both the Senate and the House of Commons.

The opportunity to discuss in detail has, in fact, been very considerable. I congratulate all members on this side, on the opposition side and in the other place, who have participated in this discussion about Bill C-83 in a very fulsome way.

I would also point out this timing consideration. As I said earlier, there are several outstanding court cases pertaining to the use of administrative segregation in the Canadian correctional system. Those court cases date back to 2015. They have come to decisions in the last number of months, which have imposed upon the government and Parliament an obligation to consider the matters and make decisions in a timely way. We are up against those deadlines now, so it is simply not possible and it certainly would not be responsible to ignore the deadlines that have been imposed by the courts. Otherwise, we are inviting chaos in the correctional system.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / 12:15 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, with respect to the minister, I do understand the difference between a closure motion and time allocation. I realize that the government is allocating time for this.

The major issue, though, is the fact that on Friday Bill C-83 had proceeded with only four minutes of debate when the government House leader rose in the House to give notice that time allocation was going to be moved. I understand that this bill is at a relatively advanced stage, however, it is tradition that this House, the people's House, the representatives of each of these ridings get to have the time to carefully consider what the other place has done.

When I put what the government's actions are with respect to Bill C-83 within the context of what it did on Thursday with all of the other government bills, I think the pretense of any respect for Parliament has completely evaporated. Right now, the government is quite obvious. It has a week left, it has a checklist, and is it going to use its majority to simply ram through every piece of legislation, no matter what members of the opposition might have to say on it, despite the fact that on this side of the House, our parties, collectively, represent roughly 60% of the Canadian populace.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / 12:05 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I am so saddened, as I think most Canadians are, that every day the Liberals continue to repudiate all the commitments they made back in 2015 to work with members of the House of Commons, to stop omnibus legislation and to stop the abuse of the use of closure.

As the House knows, the government has gone far beyond the previous government's abuse of closure by bringing in a new “gag” closure that allows only 20 minutes of discussion after it is moved and only one member of the government gets to speak. Members of the opposition do not get to ask questions, make comments or anything of that nature. It shows how toxic the government has become with respect to trying to move legislation through the House and get it improved so the legislation does what it purports to do.

In the case of Bill C-83, the NDP offered dozens of amendments, because the bill has been largely criticized by the Elizabeth Fry Societies and many other intervenors. We brought forward the witness testimony and said it would improve the bill. The government refused all of that.

Is that not the reason why the government is ramming it through today, because it is a controversial bill that has been much criticized and the government refused to listen to all the witnesses and members of the opposition who tried to make improvements?

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

June 17th, 2019 / noon


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, not more than five further hours shall be allotted to the consideration of the Senate amendments stage of the said bill; and

That, at the expiry of the five hours provided for the consideration of the Senate amendments to the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Bill C-83—Notice of Closure MotionCorrections and Conditional Release ActGovernment Orders

June 14th, 2019 / 1:30 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I wish to give notice that with respect to the consideration of the Senate amendments to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act, at the next sitting of the House a minister of the Crown shall move, pursuant to Standing Order 57, that the debate be not further adjourned.

Bill C-83—Notice of time allocationCorrections and Conditional Release ActGovernment Orders

June 14th, 2019 / 1:30 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the consideration of certain amendments to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the bill.

Corrections and Conditional Release ActGovernment Orders

June 14th, 2019 / 1:25 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, Bill C-83 has two main objectives.

First, it will allow federal inmates to be separated from the general prison population when necessary for security reasons. Second, it will ensure that these inmates have access to the interventions, programs and mental health care they need to safely return to the general prison population and make progress toward successful rehabilitation and reintegration.

The bill would achieve these objectives by replacing the current system of administrative segregation with structured intervention units. In SIUs, inmates will be entitled to twice as much time out of their cells, four hours daily instead of two, and two hours of meaningful human contact every day. We have allocated $448 million over six years to ensure that the correctional service has the resources to provide programs and interventions to inmates in SIUs and to implement this new safety system effectively. That funding includes $150 million for mental health care, both in SIUs and throughout the federal corrections system.

Bill C-83 was introduced last October. It was studied by the public safety committee in November and reported back to the House in December with a number of amendments. There were further amendments at report stage in February, including one from the member for Oakville North—Burlington, that added a system of binding external review. In recent months, hon. senators have been studying the bill and have now sent it back to us with proposed amendments of their own.

A high level of interest in Bill C-83 is indicative of the importance of the federal corrections system and of the laws and policies that govern it. Effective and humane corrections are essential to public safety. They are a statement of who we are as a country. In the words of Dostoyevsky, the degree of civilization in a society is revealed by entering its prisons.

I extend my sincere thanks to all the intervenors who have provided testimony and written briefs over the course of the last nine months and to the parliamentarians in both chambers who have examined this legislation and made thoughtful and constructive suggestions.

Since the Senate social affairs committee completed clause-by-clause consideration of this bill a couple of weeks ago, the government has been carefully studying the committee's recommendations, all of which seek to achieve laudable objectives. We are proposing to accept several of the Senate's amendments as is or with small technical modifications.

First off, with minor adjustments, we agree with amendments that would require a mental health assessment of all inmates within 30 days of admission into federal custody and within 24 hours of being transferred to an SIU. This fits with the focus on early diagnosis and treatment that would be facilitated by the major investments we are making in mental health care. We agree with the proposal to rearrange section 29 of the act, which deals with inmate transfers, to emphasize the possibility of transfers to external hospitals.

I thank the hon. senators for their efforts and contributions.

The House proceeded to the consideration of amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

Public SafetyOral Questions

May 31st, 2019 / 11:45 a.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, for four years now, the Minister of Public Safety has been ignoring decisions handed down by various courts ruling that excessive use of solitary confinement is unconstitutional.

Yesterday, the family of Ashley Smith spoke out against the government's broken promises and the fact that it is invoking their daughter's name to justify its failure to act. Bill C-83 will do nothing to fix this appalling situation.

Will the government abandon the bill, comply with the court rulings and, above all, apologize to the family of Ashley Smith?

Extension of Sitting HoursGovernment Orders

May 27th, 2019 / 12:25 p.m.


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Liberal

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 ActGovernment Orders

May 17th, 2019 / 1:20 p.m.


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Conservative

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 SafetyPoints of OrderGovernment Orders

May 13th, 2019 / 1:20 p.m.


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Liberal

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 ActPrivate Members' Business

May 9th, 2019 / 5:05 p.m.


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Liberal

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 HouseOral Questions

February 28th, 2019 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:50 p.m.


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Liberal

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:40 p.m.


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Conservative

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:40 p.m.


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Liberal

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:35 p.m.


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NDP

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?

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:35 p.m.


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Liberal

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:35 p.m.


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Conservative

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?

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:25 p.m.


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Liberal

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:20 p.m.


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Green

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?

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:10 p.m.


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Conservative

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:05 p.m.


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Conservative

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.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:55 p.m.


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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I rise today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. Let me state from the outset that I am opposed to this bill, not for what the bill purports to accomplish but for what I am afraid the bill would unintentionally accomplish.

This legislation proposes to eliminate administrative segregation in corrections facilities by replacing these facilities with new structured intervention units and to also allow the commissioner to reassign the security classification of each penitentiary or any area in a penitentiary.

It is a tenet of our free and democratic society that the worst punishment one can consign to people is to deprive them of their liberty. Indeed, our Charter of Rights and Freedoms is clear on that matter. Section 7 states,

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

It is that clause that allows a democratic society that holds the fundamental principles of life, liberty and security of the person in such high esteem to deprive another of them. If someone commits a crime in Canada, particularly a heinous crime, that person will be locked away to protect society from that person's acts.

There are Canadians, particularly those who have endured unimaginable pain at the hands of criminals, who believe that they should have no rights in jail. On a deeply personal basis, I understand that cry for vengeance, the need to make another suffer for the way that person made a loved one suffer. As a parliamentarian, I must, like my colleagues in this House, temper my personal feelings with the duty Canadians have sought fit to invest in me to ensure that all people are treated equitably under the laws of this great nation.

As such, inmates in Canada are afforded a number of protections through human rights legislation, various statutes and the supreme law in Canada, our Constitution. They too are protected from the most dangerous criminals inside our institutions.

Segregation, or isolation, whatever we want to call it, affords protection for inmates, and let us not forget, the correctional staff who work in these facilities. The law requires that a balance must be struck between the protection of inmates and staff and the protection of inmates in segregation.

Inmates who are determined to be at risk to themselves or others would now be placed in new structured intervention units, or SIUs. Inmates would be given at least four hours a day outside their cells and guaranteed at least two hours to interact with others.

The introduction of SIUs would pose a risk to prison guards and inmates and to the inmates for whom solitary confinement is used for their own safety. Bill C-83 would strip the ability to use segregation for discipline. This change would make prisons more dangerous for the guards, as they would have to deal with the most violent of inmates, those who continue to prey on others inside the institution.

The Union of Canadian Correctional Officers has said that it has not been properly consulted on Bill C-83. On October 21, the Vancouver Sun reported that the head of the national prison guards' union predicted a “bloodbath” behind bars as the federal government moves to end solitary confinement in Canadian prisons. The national president, Jason Godin, explained:

...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. We are concerned about policy revisions that appear to be reducing the ability to isolate an inmate, either for their safety or for that of staff....

I share this concern that no thought has been given to what measures we need to take to make sure that nobody gets hurt.

Ivan Zinger, the correctional investigator of Canada, stated:

ln effect, Bill C-83 proposes a softer version of segregation without any of the constitutional protections. The bill is uniformly short on specifics and places too much discretion and trust in correctional authorities to replace segregation with an unproven and not well-conceived correctional model.

Bill C-83 goes further than what was raised in either of the Superior Court decisions. With respect to SIUs, the bill would allow the commissioner to reassign the security classification of each penitentiary or any area within a penitentiary. These sub-designations have raised concerns about whether this would allow an entire penitentiary to become an SIU and what that would mean for security and staffing.

Furthermore, these sub-designations could lead to more cases of higher-security prisoners being in a lower-security space, based on technicalities.

We know just how soft the government is already on the most despicable elements of our society. Recently, Terri-Lynne McClintic, who was convicted of first degree murder in the 2009 kidnapping and brutal killing of eight-year-old Victoria Stafford, was transferred to a minimum-security facility in Saskatchewan, even though she is serving a life sentence with no chance of parole for 25 years. Now the government wants to institute an official policy to allow this to potentially happen on a regular basis. It will not be on our watch.

Conservatives are opposed to any legislation that opens the door to allowing high-risk offenders to be housed in low-security facilities. Dangerous child killers, pedophiles and murderers—the most heinous of people—deserve to be behind bars. ISIS terrorists deserve to be in prison, not offered poetry classes by the government.

This bill is just another example of Liberals putting the rights of dangerous criminals ahead of the rights of victims and their families, ahead of the safety and well-being of correctional officers who must work in these facilities and of course ahead of common sense. The legislation is too wide-ranging.

Debra Parkes, a professor at the UBC law school, stated:

The first point is that the proposal for structured intervention units actually expands rather than eliminates segregated conditions. These provisions give incredibly broad powers to the commissioner to designate whole prisons or areas of prisons as SIUs. Purposes for placing in SIUs are also very broad, including from proposed paragraph 32(a), to “provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons”, undefined and unclear. It's very broad.

While the supplementary estimates show $448 million for CSC over the next six years, this piece of legislation has not been costed. Our correctional officers are doing an exemplary job at keeping everyone safe, including themselves and the inmates, but situations arise and people do get hurt. Now we are asking our correctional staff to do more with less. As situations continue to arise—and they will—more people will get hurt, and that is not acceptable.

Jason Godin, the president of the Union of Canadian Correctional Officers, stated:

As recently as a couple of weeks ago, I was in Edmonton sitting in the segregation unit asking the staff in there if they were meeting the two-hour requirement, with the showers and the phone calls, and they said, “Absolutely not. It's 10 o'clock at night and we can't meet them.”

Currently, segregated inmates are supervised at a two-to-one guard-to-prisoner ratio when they are not in their unit. Bill C-83 purports to expand services to inmates in segregation and to double their time out of segregation without costing the resources needed to keep inmates and staff safe.

This is another reason I oppose the bill. It just does not add up, and the result could mean that people will be getting hurt.

The CSC ombudsman, the union of correctional officers, civil liberties and indigenous groups have all commented on the lack of consultation and they are concerned that too much of this legislation is being left to regulations. I am anxious that not enough consideration was given to the concerns of indigenous groups, to civil liberty organizations and to the correctional services staff who must maintain security in these institutions. The lack of consultation and foresight from the government on Bill C-83 is, to be frank, appalling.

Jason Godin offers this insight into the process, stating:

Unfortunately, due to cabinet confidentiality, as our commissioner often tells us, we weren't really consulted. The bill was as much a surprise to us as it was to anybody. I don't see the bill before it comes onto the table, so we weren't officially consulted on Bill C-83.

There was also this shocking revelation by Ivan Zinger:

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.

It is of concern that the Liberals are moving away from segregation, particularly as a deterrent to bad behaviour, as it strips front-line officers of their tools to manage difficult prisoners. Solitary confinement must take into account the mental health of prisoners balanced with the safety and protection of guards, workers, and fellow inmates.

The safety of inmates and correctional service officers must be the priority for any legislation put forward by this government. It is clear, in our opinion, that the Liberals did not do their homework when it came to Bill C-83, and Canada's Conservatives call on this government to go back to drawing board with Bill C-83 and put forward legislation that prioritizes inmate safety and the safety of correctional service officers.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:40 p.m.


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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Speaker, I am rising to speak in favour of Bill C-83.

The purpose of the bill is to move away from the system of administrative segregation in place at the moment toward new structured intervention units. We have heard before in the debate in the House that this responds to two recent decisions by courts in Ontario and British Columbia. I read those decisions again last night. I have read them a few times now. They are difficult decisions. They set out clear problems with our existing system.

The member for Rimouski-Neigette—Témiscouata—Les Basques raised a question earlier, saying that the bill did not respond to what was set out in the decisions. I do not believe that is correct. There are two reasons, some of which I will go into later as we discuss the matter. However, in addition, it is because the system that was being reviewed and some of the rules that were being put in place when the judges were making their decisions were based on the system we have now. The system we would be putting into place with Bill C-83 would have a very different set of rules. We need to take that into account, and I will work through some of it. I believe this change in legislation, the change to the system we would putt in place, would increase charter compliance and would respond to the issues that were raised.

I will admit that I approached the bill with some concerns. When the bill first came before us, I had a lot of questions. I listened to the testimony. We heard from inmates, corrections officers and lawyers. A lot of people brought forward their concerns on the bill. It made me think long and hard about what was the right way for us to address these issues.

What was really clear to me, the most important part when I looked at what was needed to improve the bill, was oversight. In fact, oversight and decision making was one of the key issues raised by both court decisions as a matter of procedural fairness. It was not only in the transfer to a unit but also in the decision to keep a person in what was at the time an administrative segregation unit.

I want to highlight the fact that oversight is the glue that keeps it together. Ultimately we need to have a system that is safe and secure, conducive to inmate rehabilitation, to staff safety and to protection of the public. We are all working toward that. There is much more work to be done, but there is also much work under way.

Regardless of Bill C-83, some improvements are already in place. There has been more than a 50% decline in administrative segregation placements over the last four years. That is already a change in the way things are happening on the ground. The other part is the fact that the correctional service commissioner's mandate letter highlights the need to work in a collaborative relationship with the Office of the Correctional Investigator in order to address and resolve matters of mutual concern.

I have the highest respect for the Office of the Correctional Investigator. When we read those annual reports, we get an insight into what happens in our correctional system. To have that need to work together collaboratively in the mandate letter to resolve issues that have been raised is a very important statement about how we move forward with Correctional Service Canada. I would also add that the budget for the Office of the Correctional Investigator has been increased. I welcome that as part of the essential oversight we need for the system.

When talking about the bill specifically, at committee I worked closely with my colleague, the member for Oakville North—Burlington, on how we could improve oversight in the bill. How could we, when looking at structured intervention units, improve oversight. I want to thank the member for Oakville North—Burlington for introducing an amendment, to which the government has given royal recommendation, to allow for properly funded external oversight. That piece is essential. It responds to many of the concerns that were raised, not only by the courts but by witnesses as well. It builds on amendments that were made at committee.

At committee, for example, there were additional oversight pieces. One part I worked on would ensure that when people were transferred into a structured intervention unit, they would get written reasons for it in very short order. That is important, because one cannot appeal a decision if one does not have the reasons for it. It sounds legalistic, but it is important to have written reasons so people can appeal a decision if they wish.

Another piece I worked on was this. If a health expert recommended that an inmate be moved out of a structured intervention unit, and the warden disagreed, an additional review would be built in at a more senior level within Correctional Service Canada so that the decision could be reviewed. It is the layers of oversight that are essential and is why I believe that the work at committee was very important in moving that forward.

I have talked about oversight. Another issue we needed to address when we looked at the court decisions was the essential piece on what is now administrative segregation, which was highly criticized, and what we are proposing as far as moving toward structured intervention units. This turns on two parts: time in the cell and time in the cell without meaningful contact with people. Currently, inmates have 22 hours in a cell, plus shower time. The court was clear that shower time is over and above the two hours and does not mean that inmates are in their cells for over 22 hours. It completely rejected that as a notion. Inmates have two hours out of their cells.

There is an international set of rules, the Mandela Rules. Rule 44 sets out that solitary confinement is 22 hours without meaningful contact with people. The Canadian Civil Liberties Association case, which is one of the cases that gave rise to this, spoke specifically to this issue. It said,

Canada can take itself outside of the literature dealing with solitary confinement...in administrative segregation both in terms of the time that an inmate spends in his or her cell and the nature of the human contact that they have while segregated.

When the court was reviewing it, it said that we needed to make changes to the system in those two ways. That is, in fact, what this bill would address. Clause 36 of the bill would require that inmates spend a minimum of four hours a day outside their cells. In addition, though, an amendment was introduced at committee that said that it had to be at a reasonable time. Those four hours could not be in the middle of the night, when people want to be sleeping. Therefore, those four hours would have to be between 7 a.m. and 10 p.m., a reasonable time when inmates may want to be outside their cells. Of those four hours, inmates would have to have an opportunity to interact for a minimum of two hours through activities, including, but not limited to, programs, interventions and services that would encourage inmates to make progress toward the objectives of their correctional plans or that would support their reintegration into the mainstream inmate population and leisure time. These are meaningful ways people could have contact and interact.

When I was looking at the B.C. case in particular, one of the things that really hit home was the fact that a lot of the contact inmates are having is through a meal slot. When they are interacting with staff and individuals, a lot of it is happening just through their meal slots, and that is just unacceptable. Without eye contact, that is not meaningful contact. It is important to make sure that there is contact, not just people walking by without interacting.

These are important changes. The bill gives us a chance to think about an entirely new system, which it really would be. We would be moving from administrative segregation, which is 22 hours in a cell without meaningful contact, to 20 hours and a requirement for meaningful contact. We would be changing things in a way that would be meaningful and important and that would respond to these court decisions. I understand that people have raised some issues, but I believe that this is an important step forward, and I am pleased to speak in favour of it.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:35 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, absolutely I will.

The nice thing about a democracy is that we can and we are allowed to disagree. I sit on the committee, just as my hon. friend across the way does, and quite frankly I was disappointed. The main issue we were trying to address was the rehabilitation of prisoners. That is the purpose of corrections. We want to place them safely back into the community.

Bill C-83 fails in that respect. Witnesses had many other amendments, all of which were ignored by the Liberal majority on the committee. Were amendments made? Yes, but they did not strengthen the bill.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:25 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I rise today to address Bill C-83. As we know, it is a bill that symbolizes the current government's approach to leadership in this country. It is an approach of ignoring the concerns of many, providing little in the way of moral leadership and transparency, and putting the safety of Canadians at risk for the benefit of political gain.

I have said many times in this place that it is and should be the top priority of the House to put the safety of Canadians first, ahead of any other issues or politics. With the bill, the House would fail to meet that expectation.

To paraphrase my NDP colleague from Beloeil—Chambly, I can think of no time when a bill has come before Parliament where there are no witnesses who support the legislation. That is exactly what happened with Bill C-83. The minister claimed the bill would end administrative segregation. The witnesses who refuted the bill included prisoner advocacy groups, civil liberties groups, former wardens, professors, correctional unions, the correctional investigator and a senator. The overriding sentiment was that the legislation lacked the detail and information needed to back up such a claim by the minister.

The minister claimed the bill responded to issues raised by the courts that segregation caused the death of two inmates. However, the facts are clear in these two unfortunate deaths that they were the result of operational and management failures in both circumstances.

The minister claimed safety and security of staff were the top priorities. However, correctional workers and former inmates testified that segregation is essential to managing violent and volatile inmates, and that the bill would create more risk to staff.

Civil liberties groups called the bill unconstitutional and said it would make things worse rather than better. They noted the bill lacked external oversight, a check against the authorities of Correctional Service Canada. The minister actually acknowledged this lack of oversight existed.

Senator Pate testified before the committee and indicated that Bill C-83 was a bad piece of legislation. The senator dismantled the minister's claims as to how the bill would end segregation. In a visit to a Nova Scotia Prison, Senator Pate noted that it had renamed the segregation unit, the “intensive intervention unit”. The minister will claim otherwise, of course. However, I will take the testimony of a senator and her eyewitness account over the minister's promise, especially given the minister's repeated track record of misleading Parliament and Canadians.

Perhaps the only accomplishment by the minister with respect to the bill is that he brought together the NDP, the Green Party and the Conservatives, who all oppose the legislation.

I would like to note the unexpected and very valuable contribution of written testimony from Mr. Glen Brown, someone who knows the system well. Mr. Brown is a highly experienced former warden and deputy warden, who now teaches criminal justice and criminology at Simon Fraser University and Langara College.

As someone once responsible for segregation units, he notes that the Ashley Smith and Edward Snowshoe cases were more about mismanagement of behavioural issues and neglect. These issues are not legislative problems. They are management, training and accountability issues. When in segregation, inmates should receive bolstered communication on current risks and mental health issues. They should have increased contact with officers and staff, and they should have an increased potential for services. All this should bring greater attention to an offender's rehabilitation plan.

Mr. Brown wrote:

The strength of a functioning administrative segregation process is that it should bolster all of those things: oversight is strengthened; case management should be more active; information sharing should be more robust; referral for clinical service should be prioritized and case management intervention to develop plans should be urgent.

After noting that science and research has shown that properly managed segregation units do not cause short- or long-term harm, Mr. Brown noted, “To respond to current circumstances with sweeping legislative reform is only to react ideologically, and to ignore science and evidence.”

On the minister's grand solution to segregation, which is to rename segregation units to “structured intervention units”, Mr. Brown noted that Bill C-83 described SIUs in such broad and vague language that the consequences of implementation were very uncertain, that the details were unknown and the details were the key. The current layout of many segregation units did not facilitate socialization and programming. The emphasis on programming suggested longer-term stays in SIUs, weeks or maybe months. SIUs would not be suitable for short-term management of volatile inmates, such as those under the influence. There was the inability to have specialized staff for particular subpopulations in a prison. Finally, he noted that given the current layout of many prisons, a wing may need to be deemed a structured intervention unit, meaning up to 96 inmates may be subject to 20 hours a day of confinement where before it would be only 16.

To be clear, someone who is an expert and has worked for years in prisons with segregation says that he cannot discern the minister's plan. Moreover, he says that prisons often lack the infrastructure, are inappropriate to what is needed and could have the opposite effect to what the minister claims.

Perhaps the only potential value in the legislation could come from an external review mechanism of segregation, because it could provide Canadians with greater confidence in offender management. The minister, however, told the committee that we did not have the authority to do this, an order the Liberal MPs on the committee followed, while the opposition members put forward mechanisms to provide such oversight, which were soundly rejected.

When we pushed the Liberals at committee to amend the worst parts of the legislation and pointed to the glaring issues raised by the many expert witnesses, we were told that Liberal MPs were voting with “faith in the minister”.

The role of committees is not to provide support and faith to a minister. It is to conduct detailed examinations on challenging issues, to hear from experts and impacted Canadians, to examine programs, spending and legislation to determine if it will meet the needs of Canadians or, at the very least, what the minister claims it will meet. On this, our committee has failed.

At the conclusion of committee debate on Bill C-83, my Conservative colleagues and I put our views on the record. We indicated that the committee failed in its role to review the legislation and ensure that it could make informed decisions. We also said that we believed the minister withheld information from committee that was clearly available to him at the time, namely the cost and how it would be used and implemented in the bill, which most witnesses said was essential to knowing if the bill would be useful. For the minister, it seemed more important that he withhold his plan from the committee. Half a billion dollars connected to a bill, where and how the money will be used is essential to know if the bill will work. We still do not have a plan necessarily for that money.

What was the response to the overwhelming criticism and skepticism of the bill? Government MPs stated that they were “making a leap of faith” and putting their trust in the minister. What was accomplished by the committee in reviewing this legislation? In my opinion, next to nothing. The Liberal members rejected amendments on how the money would be used. They rejected a requirement to publish the standards of the new SIUs. They rejected limits to reclassifying prisons. They rejected having the minister provide us with how he would implement this new plan.

On this legislation, the Liberals have turned their backs on Canadians. We are to trust the minister who has an extensive track record of misleading Canadians on things like the disastrous India trip, Bill C-59 and Bill C-71, failure to provide funding for police to tackle gangs, and I could go on.

We as a House can do better. We must do better. We can all rise to a higher level. Personally, I feel this committee failed its constituents, its communities and its country. Bill C-83 is yet another example of the many failures of the Liberal government.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:20 p.m.


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NDP

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

Mr. Speaker, my colleague knows very well that Bill C-83 had to be brought in because of superior court decisions in Ontario and British Columbia that found the current segregation policy to be unconstitutional.

In the two rulings handed down in Quebec and Ontario, recommendations were made and put in writing to explain their decision and to guide future government policy or legislation.

Bill C-83, however, fails to implement most of these recommendations, and I would like to ask my colleague why that is.

Why did the government refuse to consider the recommendations of the judges, who ruled that the situation was unconstitutional?

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:10 p.m.


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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, I am pleased to rise in this new chamber to speak to Bill C-83.

When this bill was introduced, it was an important piece of legislation. However, what is even more important is that the parliamentary process has helped enhance this very important bill.

I would like to take this opportunity to thank the members who have participated in the debate, who provided information and who shared their views.

The witnesses were also helpful. Some came to us, while others provided additional information in writing that helped us improve this bill as much as possible. All of these contributions will help build a safer and more effective correctional system, which is essential.

I also want to point out that more than 100 amendments were proposed. This means that there were a lot of discussions on this bill. I should also note that every party was able to contribute to these amendments in one way or another.

One of the amendments was about broadening the scope of the Corrections and Conditional Release Act to ensure that correctional policies, programs and practices respect religion, sexual orientation and gender identity and expression, and the special needs of visible minorities. Those are very important aspects.

Another amendment was about making every reasonable effort to provide inmates in structured intervention units with human contact, which is very important to their mental health. Some felt it was important to give individuals in structured intervention units a reasonable amount of time outside their cell. That does not mean waking inmates up at 2 a.m. or 3 a.m.; time outside the cell must be between 7 a.m. and 10 p.m.

In terms of health care, the bill provides further assurances to inmates by requiring an additional review when the institutional head disagrees with the recommendations of a health professional with respect to altering the conditions of an inmate's confinement or removing the inmate from the unit.

I am very pleased to say that the bill will be reviewed every five years. This is another approach our government has been taking since 2015. We are bringing in legislation that provides for reviews and allows for improvements to be made. This will give us an opportunity to examine the bill's implementation and make the necessary changes.

The Minister of Public Safety and Emergency Preparedness also mentioned that the government would be open to an important addition, specifically, external oversight. The member for Oakville North—Burlington moved that amendment at report stage, and the government has signalled its intention to support it. This addition will address one of the main concerns raised during testimony in committee. It is also very important to ensure that the necessary resources are put in place to move this crucial bill forward. I will explain in my speech where we have made those investments.

The national president of the Union of Safety and Justice Employees, Stanley Stapleton, shared this sentiment. I am delighted to say that the government also took his calls into account.

The Minister of Finance of Canada announced a $448-million investment in corrections in the latest fall economic update. A large part of this money will be put towards the provisions of this bill.

As the Minister of Public Safety pointed out, this funding will ensure that the Correctional Service of Canada will have properly trained staff at the right time and in the right place. This investment also includes $150 million for extensive improvements to mental health care in prisons. This money is in addition to the considerable investment of almost $80 million that was announced in our government's last two budgets.

In other words, the government has followed through on its commitment to ensure that the corrections system holds offenders accountable for their actions but also supports their rehabilitation in a safe and secure environment. The goal is to have fewer repeat offenders, fewer victims, and ultimately, a safer country.

Bill C-83 will strengthen the federal correctional system by implementing a new intervention model, improve health care governance and victim support services, and better take into account the specific needs of indigenous offenders. That is very important. What is more, it will eliminate administrative segregation and make way for patient advocates, as recommended in the coroner's report on the death of Ashley Smith. It will also enact less intrusive alternatives to strip searches and body cavity searches.

The bill will help better support the role of victims in the criminal justice system by guaranteeing them access to audio recordings of parole hearings. This is a marked improvement over the former system, under which only victims who did not attend the hearing could obtain an audio recording. Now victims who attend will also get the recordings.

The bill also enshrines into law the principle by which health care providers at correctional institutions will have to make decisions based on their medical judgment, independently of correctional authorities. The bill also enshrines in law the principle that offender management decisions must involve consideration of systemic and background factors related to indigenous offenders.

In summary, we drafted a comprehensive bill that will strengthen the security of our institutional staff, inmates and our communities. It will make it possible for Correctional Service Canada to separate certain offenders while ensuring that they receive the interventions required. It will also improve the quality of their rehabilitation.

Once again, I want to thank all members who contributed to this important bill. Its passage through the House so far demonstrates what can be done when members from all parties work together to pass legislation that will help the community. I am proud to support Bill C-83 today, and I encourage members of the House to do so as well.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:05 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, the minister this morning described that $448 million is allocated to Bill C-83 over the next six years. We know that a considerable amount of infrastructure renovation would be required to meet the requirements laid out in Bill C-83.

Of the portion of money that has been set aside for the infrastructure rebuild, could the parliamentary secretary please advise the House as to how much is actually going to go to the services provided and to the correctional officers' requirements in playing out all of Bill C-83?

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 12:05 p.m.


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Liberal

Peter Schiefke Liberal Vaudreuil—Soulanges, QC

Mr. Speaker, the reality is that we need proper oversight in this process. We were grateful to have the testimony of many people working in correctional facilities who pushed for these kinds of oversight. As well, many in organizations that were looking for more oversight throughout this process came and testified at committee and met with members of Parliament from all sides of the House. That is a core component of the legislation that we have put forward.

I would also like to add that it is important to develop trust among players involved in this system. We have been able to do that by making them a part of the process so far of developing the proposed law, Bill C-83, and also by listening to them and ensuring that they have the resources in place through new investments and investments that have been already put in place to ensure their safety as we put in place this new methodology to deal with those particular inmates.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / noon


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Vaudreuil—Soulanges Québec

Liberal

Peter Schiefke LiberalParliamentary Secretary to the Prime Minister (Youth) and to the Minister of Border Security and Organized Crime Reduction

Mr. Speaker, it is an honour for me to rise to speak to Bill C-83.

It is a transformative piece of legislation for our correctional system. Its ultimate goal is to promote safety, both inside and outside our federal institutions, and it prioritizes rehabilitation as an indispensable part of achieving that goal.

The core innovation in Bill C-83 is the proposed introduction of structured intervention units, or SIUs. These SIUs would address a reality in any prison across our country, which is that some inmates are, at certain times, simply too dangerous or disruptive to be safely housed in the mainstream inmate population. The current practice is to place those offenders in administrative segregation.

Segregated inmates in federal institutions can be in their cells for as many as 22 hours a day. Interactions with other people are highly limited. Bill C-83 would offer a more effective way forward for all involved.

Safety will always be priority number one for our government, and should be for any government in power, but prisons are safer places in which to live and work when inmates receive the programming, mental health care and other interventions they need. Inmates who receive these interventions are more likely to reintegrate safely into the community when their sentences are over.

The solution the government is proposing in Bill C-83 is to eliminate segregation and to replace it with SIUs. These units would be secure and separate from the mainstream inmate population so that the safety imperative would be met. However, they would be designed to ensure that inmates who were placed there would receive the interventions, programming and treatment they required.

Inmates in SIUs would be given the opportunity to leave their cells for at least four hours a day, as opposed to two hours under the current system. It is worth noting that currently, those two hours are set out in policy and not in legislation. Bill C-83 would give the four-hour minimum the full force of law.

Inmates in SIUs would also have the opportunity for at least two hours of meaningful human contact. During that time, they could interact with people such as correctional staff, other compatible inmates, visitors, chaplains or elders. The goal of these reforms is for inmates in an SIU to be in a position to reintegrate into the mainstream inmate population as soon as possible.

Bill C-83 has undergone rigorous analysis at every stage of the parliamentary process to date. Members of the Standing Committee on Public Safety and National Security went over it with a fine-tooth comb. Based on testimony from a wide range of stakeholders, a number of useful amendments were adopted at the end of the committee's study period.

Bill C-83 was a solid and worthwhile bill from day one. It is now even better and stronger for having gone through vigorous debate and a robust review process. It is worth noting that the bill that has been reported back to us reflects amendments from all parties that proposed them. I wholeheartedly reject the idea we have heard during this debate that somehow the fact that the bill has been amended in response to public and parliamentary feedback is a bad thing. I am proud to support a government that welcomes informed, constructive feedback and that respects the role of members of Parliament from all parties in the legislative process. I would like to thank all members in this House who contributed to amending and making this bill better than it was.

Most of the amendments made to Bill C-83 are about ensuring that the new SIUs would function as intended. For instance, some witnesses were worried that the opportunity for time out of the cell would be provided in the middle of the night, when inmates were unlikely to take advantage of it. Therefore, the member for Montarville added the requirement that it happen between 7 a.m. and 10 p.m.

Other witnesses wondered whether the mandatory interactions with others might happen through a door or a meal slot, a reasonable concern. To address that concern, the member for Toronto—Danforth added a provision requiring that every reasonable effort be made to ensure that interactions are face to face, with a record kept of any and all exceptions.

To address concerns that CSC might make excessive use of the clause allowing for time out of the cell not to be provided in exceptional circumstances, the member for Mississauga—Lakeshore added a list of specific examples, such as fires or natural disasters, to clarify how this clause should be interpreted.

Amendments from the member for Toronto—Danforth at committee and from the member for Oakville North—Burlington at report stage will enhance the review process so that each SIU placement is subject to robust oversight, both internally and externally.

All of this will help ensure that the new structured intervention units operate as intended.

However, that is not all. Amendments have also been accepted from the members for Brampton North, Medicine Hat—Cardston—Warner, Beloeil—Chambly and Saanich—Gulf Islands. I would like to thank them once again for their contributions as well.

We all want safer institutions and safer communities. We all want Canadians to feel safe and to be safe. Successful rehabilitation and safe reintegration of people in federal custody are key to achieving our shared objective of enhanced public safety. By allowing inmates who must be separated from the general prison population to receive more time out of their cell and more mental health care and rehabilitative interventions, Bill C-83 represents a major step in the right direction.

Again, I would like to thank all of my hon. colleagues for their contributions in the House and at committee throughout the entire parliamentary process so far, and I urge them to join me in enthusiastically supporting this bill. It will ensure the safety of the inmates and those who work in the correctional institutions, and Canadians as well.

The House resumed from February 21 consideration of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 11:15 a.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, the particular item raised by the hon. gentleman obviously does not relate to Bill C-83, but on the substantive issue he has raised, I will examine the facts and get back to him with further information.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 11:10 a.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I would like to remind the hon. minister about one of the witnesses who testified, Senator Pate. She testified before the committee and indicated that the legislation, Bill C-83, as presented and as amended was bad legislation.

Senator Pate did a very good job of dismantling the claims of the minister and the bill on what segregation would do at the end of the day. Her experience in Nova Scotia was that one of the prisons she visited had renamed a segregation unit to the intensive intervention unit. However, at the end of the day, it did not change anything.

It appears as if whatever overhaul was intended with this legislation, changing the name of a segregation unit to the function of it is not necessarily what is going to happen in the bill. The costing has never been done for the legislation either.

Would the minister enlighten us on exactly how, other than potentially changing the paint and the name of something, it will actually make a difference in what we are trying to achieve with rehabilitation, still keeping in mind the protection of our guards and other inmates, and the rehabilitation of the prisoners who are there?

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 11:05 a.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, the Minister of Public Safety talks a lot about the safety and concern for the correctional service officers. However, in his departmental plans for Correctional Service of Canada, on which the minister signed off, there is not one single goal or mention regarding the safety or welfare of correctional service officers.

There are obvious criticisms regarding Bill C-83 about making things more dangerous for workers. He stands again and again to talk about safety. Why has he neglected to mention even once in his plan the safety of correctional workers?

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 11:05 a.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, the question is a complete non sequitur. Moreover, its fundamental premise is absolutely flawed. There is no relationship between the issues that he raises in his question and what is in Bill C-83.

Bill C-83 and the amendments that are now before the House are intended to make our correctional system safer and more successful in keeping society safe and secure. The amendments that we are now considering at report stage have to do in large measure with review and oversight to ensure our correctional service has the power and authority to run the system in a way that keeps the system safe and that respects the needs of those in the institutions. This is to ensure that, to the maximum extent possible, rehabilitation can be achieved.

If we reject the objective of rehabilitation, we are saying that when sentences expire, we should release inmates willy-nilly, with no concern for future public safety. That is surely a formula for disaster, which the official opposition seems to embrace.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 11 a.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, here we are again. I do not know exactly, but the number of times the current government has invoked closure is probably well in the sixties now. Again, I will bring us all back to day 10 of the 2015 campaign, which we have to do time and again, where the member for Papineau at that time said he would not resort to parliamentary tricks such as limiting debate. He would let debate reign.

The president of the Union of Canadian Correctional Officers said that while Bill C-83 may have been well intended, these changes fall short as they are not feasible under the current staffing and infrastructure models. Many of the inmates currently managed within segregation units are highly vulnerable and are segregated for their own protection. The same president also expressed serious concern for the safety of the correctional officers and the work they are doing, and felt that Bill C-83 was falling short in ensuring that.

We should always ensure we are doing everything in our power to put the necessary tools in the hands of those who are protecting not only the mental well-being but also the physical well-being of the public and Canadians. Bill C-83 falls short in that regard. Witnesses who gave testimony all commented on that, with some very powerful messages from the president of the union of correctional officers. I would like to ask our hon. colleague, the minister, how that concern has been addressed by limiting debate on this important piece of legislation.

Bill C-83—Time Allocation MotionCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 10:55 a.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Speaker, the bill is going through all of the normal parliamentary stages, including extensive work at committee, further debate at report stage with additional amendments being considered, and a third reading debate. Then, according to our parliamentary process, it will go on to the Senate for the appropriate consideration there. Therefore, all of the parliamentary steps are being properly complied with.

I would note that back in 2014, the head of the correctional officers union in this country at that particular time was quoted as saying, “We have to actively work to rid the Conservatives from power.” He accused the Harper government of endangering correctional officers with prison overcrowding and cuts to rehabilitative programming. Some of that will be corrected by C-83.

I would also point out that the courts have said that to simply allow the present system of administrative segregation to expire in compliance with the court rulings, with nothing in place to replace it, would in fact make the system more dangerous. Therefore, all the measures in Bill C-83 are intended to address those very real issues that perpetuating the debate will not solve. Taking a decision will help us to come to a solution.

On the issue of consultation, I would point out that I have met with the correctional officers union on multiple occasions, both before and after Bill C-83 was introduced. This particular issue was discussed on every occasion.

Bill C-83—Notice of time allocation motionCorrections and Conditional Release ActGovernment Orders

February 22nd, 2019 / 1:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to report stage and third reading stage of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the HouseOral Questions

February 21st, 2019 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, there is a difference between getting answers and not liking the answers, but we will let the Conservatives figure that one out.

As for the work this week, this afternoon we will commence report stage debate on Bill C-83, the administrative segregation legislation.

Tomorrow, we will deal with report stage and third reading stage of Bill C-77, the victims' bill of rights.

Monday shall be an allotted day. Tuesday, if need be, we will resume debate at report stage of Bill C-83, on administrative segregation.

Finally, pursuant to Standing Order 83(2), I am pleased to request the designation of an order of the day for the Minister of Finance to present budget 2019 at 4 p.m. on Tuesday, March 19.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 6:25 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, as I have indicated in the past, it is always a privilege to share some thoughts on important pieces of legislation and motions that come before the House.

I listened very closely to my colleague across the way as he introduced his proposed legislation. He talked a great deal about the issue of parole hearings.

I could not help but reflect on another initiative the government brought in. I believe it was Bill C-83. Through this bill, the government made some changes regarding audio recordings in parole hearings. In the past, if a criminal was up for parole and a victim of sexual assault, for example, wanted to listen to the parole hearing in person, that individual would not be allowed an audio copy of what took place at the parole hearing. Through this legislation, the government recognized that as a problem and made the necessary correction.

I mention this because I believe that if members take a look at the issues in justice and at the legislation we have brought forward in the last three years, they will see that there is much legislation that takes victims into consideration, and that is just one example. Today, as a result of that legislation, the victim of a sexual assault would be able to go to a parole hearing and listen and also request an audio recording of it so that nothing would be missed because of the atmosphere the victim might have been placed in when listening at the parole hearing.

That is one piece of legislation. We had another piece of legislation dealing with victims. We reformed the way our military laws were being dealt with to ensure that they conformed with the Criminal Code. A Victims Bill of Rights was incorporated into the legislation.

I use these cases as examples because I have found, when in opposition and even in listening to the current Conservative opposition, that at times the Conservatives seem to want to use our justice system and the law as a way to create wedges and to look tough on crime. It is that sort of mentality.

A good example of this was referenced earlier today. In his speech, my colleague talked about first degree murder. It is a crime that the criminal courts recognize for what it is: When people are convicted of first degree murder, they are going away for a long time. However, he is right in his assertion that this does not mean that all murders are equal. Some are far more horrendous than others.

Let us stop and think about this. Members will recall that we had a huge debate not that long ago about Tori Stafford. She was the focal point of debate in the House for a great period of time. The government of the day was being criticized because Tori Stafford's murderer was transferred to a medium-security prison facility, and there was outrage from the opposition.

I raise this issue because on the surface, the legislation that is being proposed is fairly compelling in terms of support, but there are a couple of things that come to my mind.

First, the member who brought forward the bill was a fairly influential member of the Harper government as a parliamentary secretary. He was fairly well known among the Conservative benches. No doubt that was one of the reasons why he was elevated to parliamentary secretary. That bill did not proceed. In response to the questions posed to the member, he said that it was a timing issue, that there was not enough time. The bill sat for a lot more time than what he has given this government to deal with it.

One could question why the member feels the urgency is greater today. Was he told something that did not allow the Harper government to proceed with it? I would be very much interested in hearing the ongoing debate on this. Is that a part of what is often the case with the Conservative Party, that it likes to take a tough line?

That is the reason why I am giving the second example, which is the Tori Stafford case. Day after day, opposition members gave the false impression that this Liberal government was going about it in the wrong way. We were asked how we could do that. I heard the same thing at the local restaurant I go to on a weekly basis. People were starting to listen to what the official opposition was saying.

The Minister of Public Safety did great service to the issue when he had an internal investigation conducted and we came up with the right answer.

While some of the research was being done on the Stafford file, we found that under former prime minister Stephen Harper, other murderers had been transferred from high-security to medium-security prisons. These murderers committed not only first degree murders, but some of them committed multiple murders. After the Conservatives realized the double standard, it then became a marginal issue.

The Government of Canada did what it was supposed to do. The minister said that he would look into the matter and come back to the House, and he did. We were able to rectify the problem.

This Liberal government has been very sensitive to victims of crime with respect to the legislation we have brought forward. We have been progressive in our way of dealing with individuals in our jails. Unlike the Conservatives, we recognize that a good number of those who are in jails today will be back in our communities. Many of the reforms we have made will ensure that we have fewer victims in the future.

Our government has treated the public safety file seriously. We have not reacted to the degree the opposition has at times, which has not been in the best interests of public safety.

I listened to what the member said about this legislation. I am interested in hearing further debate on it, as this is only our first hour of debate. I would like to hear particularly from some Conservative members as to why they believe Stephen Harper did not recognize the value of the legislation, as it sat on the Order Paper for a few years.

I would also like to hear a response as to why the minister responsible at the time did not incorporate this in some of the judicial legislation that the Conservatives brought to the House. Why did the Conservative public safety minister not see fit to address this? Maybe we are missing something.

I can assure the House that the government is listening, will continue to listen to the debate, and will ultimately make a determination as time goes on.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

February 5th, 2019 / 5:55 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Madam Speaker, I rise today to speak to private member's Bill C-266, an act to amend the Criminal Code, increasing parole ineligibility.

The objective of the bill is to protect victims and alleviate their re-victimization by limiting the number of parole applications in which they may need to participate. The underlying assumption of Bill C-266 is that its proposed reforms would spare families from the heartache of reliving the loss of their loved one who may have been murdered in unspeakable circumstances.

As currently drafted, Bill C-266 proposes to modify section 745 of the Criminal Code in order to effect two changes. First, it would make it mandatory for a judge to impose a parole ineligibility period of not less than 25 years for all offenders convicted of the following offences committed as part of the same event or series of events and in respect of the same victim: kidnapping and abduction-related offences; sexual offences; and murder, irrespective of whether it is in the first or second degree.

Second, the bill would provide judicial discretion to set the period of parole ineligibility between 25 and 40 years for the same small subset of offenders who, given the severity of their crimes committed, are truly unlikely to obtain parole in any event.

It should be noted that Bill C-266 is similar to previous private members' bills, including Bills C-478 and 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 get any further than that.

Unlike Bill C-266, former Bill C-478 did not require that the offences for which the offender was found guilty to be committed as part of the same criminal transaction.

Former Bill C-478 was later reintroduced as Bill C-587 by the member for North Okanagan—Shuswap and essentially proposed the same legislative amendments as Bill C-266, except for slight wording differences.

Ultimately, former Bill C-587 was adopted by the justice committee, without amendment, and had commenced third reading debate in the House, but did not proceed further because of the dissolution of Parliament for the 2015 federal election.

I want to take a moment to thank the member for Selkirk—Interlake—Eastman for the laudable objective of the bill. I think all of hon. members of the House can agree that alleviating the trauma, emotional 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 polices of the Parole Board of Canada and Correctional Service Canada, are now enshrined in the Canadian Victims Bill of Rights and give clear rights to all victims of crime.

Once victims are registered with the Parole Board of Canada or the Correctional Service Canada, they can choose to receive information on the offender, including but not limited to: the sentence start date and length; and the offender's eligibility and review dates for unescorted temporary absences, parole or statutory release.

Upon further request, additional information could be provided to a victim, including: the date of any Parole Board of Canada hearing and the reason why an offender waived a hearing, if one was given; and whether the offender has appealed the decision of the Parole Board not to grant a release and the outcome of that appeal.

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 pause here to highlight Bill C-83, an act to amend the Corrections and Conditional Release Act and another act, which is proposing other legislative changes to better support victims of crime.

Currently, victims who do not attend a parole hearing are entitled to listen to an audio recording of the hearing. However, if victims do attend, they lose their right to listen to a recording. Simply stated, parole hearings can be quite difficult for family members. Despite attending the hearing, they may not always remember everything that was said and 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.

The laws and policies that have been put forward 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; while some victims may choose not to attend or receive information about parole hearings in order to avoid emotional trauma, others will attend parole hearings as a means of furthering their healing and to feel empowered by having their voice heard.

In fact, on March 9, 2015, officials testifying on behalf of the Parole Board of Canada indicated during their testimony before the Standing Committee on Justice and Human Rights on former Bill C-587 that every victim is different and that the Parole Board of Canada also has victims who are interested in attending parole hearings.

Therefore, we need to ask ourselves if the proposed amendments in Bill C-266 are the most effective way of supporting the needs of victims affected by these brutal crimes.

I also wonder, despite the bill's laudable intentions, whether some victims might feel negatively impacted by legislative changes designed to reduce the number of parole hearings they may choose to attend.

I am certain all hon. members would agree that a thorough debate on the impacts of Bill C-266's proposed changes requires consideration of these questions. Also, I would be interested to hear the views of the member for Selkirk—Interlake—Eastman on these points.

It is clear that there are various ways of supporting victims. The changes proposed in Bill C-266 present one avenue for bettering the experience of victims at the very end of the spectrum of the criminal justice process.

As parliamentarians, we should strive to achieve a fair, effective, just and compassionate criminal justice system for all involved. For these reasons, I will be closely monitoring the debate on Bill C-266 and look forward to hearing the views of other hon. members on its potential impacts.

Criminal CodeGovernment Orders

December 10th, 2018 / 6:15 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I am here to speak tonight to Bill C-51. For those who are not aware, this bill is intended to clean up clauses in the law that are no longer useful or applicable and to strengthen some of the language.

First, Bill C-51 is another omnibus bill. The Prime Minister said that the Liberals would not have omnibus bills, but we continue to see them in the House day after day. I may have gotten used to the fact that the Prime Minister always breaks his promise. However, I want people to be aware of this so they understand, as we approach next year's election, that the Prime Minister does not keep his promises and if he makes new promises, Canadians can expect that behaviour to continue. The promises really are not worth the paper on which they are written. Therefore, I object to this being an omnibus bill.

Usually when we think of justice bills, we think about what the government is trying to achieve in the country with respect to justice. Normally, we try to define what behaviour would be considered criminal, sentences that would be appropriate and commensurate with the crimes and that they are enforced in a timely way. However, I have to question what the justice minister is thinking with these pieces of legislation and actions that have been taken.

The government is in the fourth year of its mandate and what priority has the justice minister been giving time to? First, she has not put enough judges in place to keep murderers and rapists from going free because time has passed and the Jordan principle applies. That should have been a priority for the government, but clearly was not.

We heard earlier in the debate about how the government was pursuing veterans and indigenous people in court. That is obviously a priority for it, but one would think that other things would make the list. The Liberals prioritized the legalization of marijuana and the legalization of assisted suicide. Then it introduced Bill C-75, which took a number of serious crimes and reduced them to summary convictions of two years or a fine, things like forcible confinement of a minor, forced child marriage, belonging to a criminal organization, bribing an official and a lot of things like that. Those were the priorities of the government.

Then there is Bill C-83 regarding solitary confinement and impacts on 340 Canadians.

I am not sure what the priority of the government is when we consider the crime that has hit the streets. There is the increase in unlawful guns and gangs and huge issues with drug trafficking. I was just in Winnipeg and saw the meth addiction problem occupying the police and law enforcement there. I would have thought there would be other priorities.

If I think specifically about some of the measures in Bill C-51, the most egregious one to me is that the government tried to remove section 176, which protects religious officials and puts punishments in place for disrupting religious ceremonies.

Eighty-three churches in Sarnia—Lambton wrote letters and submitted petitions. There was an immediate outcry. It was nice that the government was eventually shamed into changing its mind and kept that section the way it was. However, why is there no moral compass with the government? We have had to shame it into doing the right thing many times, and this was one of them.

Terri-Lynne McClintic was moved to a healing lodge. I remember hearing the Minister of Public Safety talk day after day about how there was nothing he could do. I looked at section 6(1) of the Corrections and Conditional Release Act. It says that the minister has full authority over his department. Eventually, of course, we shamed the government into the right thing. We heard today there may be a similar opportunity with Michael Rafferty, the other killer of Tori Stafford.

There is the Chris Garnier situation. He brutally murdered a police officer. He has PTSD and is getting veterans benefits when he was never a veteran. Again, we had to shame the government into taking action.

Then there was Statistics Canada. The government had a plan to allow it to take the personal financial transactional information of people's bank accounts and credit cards without their consent. Again, there was a total out-of-touch-with-Canadians response from the government, asking why it was a problem. Eventually, ruling by the polls, Canadians again shamed the government into changing its mind on that one.

Finally, there was the Canada summer jobs situation, which was very egregious to me. In my riding, numerous organizations were not able to access funding because of this values test that the government had put in place. The hospice, which delivers palliative care, was not even able to apply. It is under the Catholic diocese of Canada, which objected to the attestation. It has taken a very long time, but again, the government has been shamed into saying that the people are right and that maybe it will change it up for next year. Why does the government always have to be shamed into these things instead of having a moral compass to know what is right and what is not?

Bill C-51 would clean up a lot of things that were obviously a big priority for the government, like comic books causing crime. We know there have been huge issues about that in Canada. It would remove offences such as challenging someone to a dual. It would clean up the section on people fraudulently using witchcraft and sorcery. It would clean up a number of things. I do not object to it; I just do not see it as a priority when people are dying because of serious crimes.

Then there is the issue of sexual assault. The government spends a lot of word count talking about the fact that it cares about this. However, does it really care about sexual assault and strengthening the language on consent when it does not appoint enough judges to keep rapists from going free?

I was the chair of the status of women and we studied violence against women and girls. We know that one out of every thousand sexual assault cases actually goes to court and gets a conviction. If we want to talk about the sentences applied, they are measured in months and not years, when the victims struggle on forever.

Although there has been an attempt to make it clear what consent really means, there has been discussion in the debate today that it is still not clear. If people are interested to see what consent really means, there is a little video clip that can be googled. It is called Tea Consent. It is a very good way of demonstrating what consent is. I encourage everyone to take a look at that.

When it comes to the justice system and the priorities of the government, I cannot believe it has not addressed the more serious things facing our nation. We can think about what the justice minister ought to do, such as putting enough judges in place so we can have timely processing of events, and prioritize. If we do not have enough judges for the number of cases occurring, it is an indication of too much crime. However, it is also an opportunity to put the priority on processing murderers and rapists ahead of people being charged with petty crimes of less importance.

When it comes to looking at some of the actions the government should be taking going forward, it should be focusing on the issue of illegal gun activity happening right now. Ninety-five per cent of homicides is happening with unlawful guns or guns that are used unlawfully. There is a huge opportunity to do something about that. This should be a priority for the justice minister.

Our leader has put together a very cohesive plan that would reduce gun and gang violence. It is a great, well-thought out plan. I wish the Liberal government had some plan to try to do something to reduce crime in the country and to ensure that the people who commit crimes are actually held to account. I do not see that in Bill C-51. I have to wonder why it took so long to bring the bill forward.

As I said, the government is in the fourth year of its mandate and Bill C-39 would have made a lot of these fixes. It was introduced in March of 2017. Here we are at the end of 2018 and still none of this has gone through.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

December 10th, 2018 / 3:10 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I have the honour to present, in both official languages, the 29th report of the Standing Committee on Public Safety and National Security regarding Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

Bill C-83—Motion No. 17—Speaker's RulingPoints of OrderGovernment Orders

December 7th, 2018 / 12:45 p.m.


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The Assistant Deputy Speaker Carol Hughes

I am now prepared to rule on the point of order concerning the admissibility of Motion No. 17 to amend Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

I would like to thank the hon. member for Beloeil—Chambly for raising this matter and all of the other members who made interventions.

The question before us is whether the House can proceed to the consideration of a motion when the French and English versions published on the Order Paper are not the same.

In this case, the English version of the motion contains some provisions that are not included in the French version.

The sponsor of the motion, the hon. member for Oakville North—Burlington, submitted the text of her motion in English. Unfortunately, the French translation that was provided along with the royal recommendation for this motion was incomplete. It is this incomplete French version of the motion that appears in the Notice Paper.

Although members have the right to present motions and amendments in either official language, the Chair understands that it is important for all members to be able to understand the wording of motions and amendments in the language of their choice.

House of Commons Procedure and Practice, third edition, states, at page 565:

If the Chair finds the form of the motion to be irregular, he or she has the authority to modify it in order to ensure that it conforms to the usage of the House.

I am therefore directing that the French version of Motion No. 17 be corrected and republished in the Notice Paper before the next sitting of the House.

I thank all hon. members for their attention.

Customs ActGovernment Orders

December 7th, 2018 / 12:45 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, the differences between Bill C-83 and Bill C-21 are vast. They are at completely opposite ends of the spectrum. It is obvious that Bill C-21 is legislation that is a piece off what was started under the beyond the borders action plan our previous government initiated. The current legislation, Bill C-83, is a dog's breakfast of we are not sure what. It is a mess, and no one supports it.

Customs ActGovernment Orders

December 7th, 2018 / 12:40 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Madam Speaker, I know the member is fully aware of Bill C-83. I am comparing it with Bill C-21. At committee, we listened to many witnesses talk about Bill C-83, and everyone said it was a bad bill. In fact, no witnesses who came forward said that Bill C-83 was a good bill, except for the minister and his entourage. Bill C-83 is a very important bill in that it is supposed to protect our jail system, the guards and the prisoners, but it is a bad bill. No one agreed that it was a bill that should go ahead, yet we were going to deal with it earlier this morning.

Here we have Bill C-21, which is necessary. It would assist Canadians and Americans travelling back and forth. It would help the security of our country. I wonder if the member would comment further on Bill C-21.

Customs ActGovernment Orders

December 7th, 2018 / 12:25 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I have the honour to rise in the House today to speak to Bill C-21, an act to amend the Customs Act.

Our caucus is supportive of the bill, and I am pleased to rise to renew that continued support. However, I cannot help but look at Bill C-21 and compare it with another bill before the House, Bill C-83, an act to amend the Corrections and Conditional Release Act. There are significant differences between the two. The question of differences especially comes to mind with the recent passing of former United States President Bush and the eloquent eulogy offered by former Canadian prime minister Brian Mulroney. The friendship and skill of these former leaders stands in contrast to our leader today.

Bill C-21 was the product of two former national leaders, former Canadian prime minister Stephen Harper and U.S. President Obama. The legislation was based on an effort to improve security and trade. The two leaders were noted for making history. One re-crafted Canadian Conservative politics while the other re-crafted a new vision for American presidents. Neither could be found making the kind of erroneous tweets or statements of their successors. Despite ideological and cultural differences, they improved trade and worked together to deal with challenges, like the global economic crisis. The difference between our former leaders and the new one today could not be more stark. For me, these two bills tell a similar story. Bill C-21 is based on the work of a predecessor.

At committee, we heard numerous people speak to the relevance, importance and balance of Bill C-21. Concerns were raised, but they were manageable and moderate. In contrast, Bill C-83 fails in every way that Bill C-21 seems to succeed. Not one witness provided support for Bill C-83 at committee. The committee could not determine exactly what or how the bill would work, or even if it would meet any of promises the Minister of Public Safety made. Bill C-21, on the other hand, is a bill to implement improved border co-operation and security that would benefit both the United States and Canada. It would boost jobs and opportunity. It would reduce the regulatory burden on honest and hard-working Canadians. It would provide safe and effective borders, and it would support Canadians who follow the rules and respect the law.

In the incredible riding of Medicine Hat—Cardston—Warner in southern Alberta, which I have the privilege and honour of serving, we have five ports of entry between Canada and the United States. These border crossing are critical for local, regional and national economies. Products, services and people cross the border daily. Unfortunately, despite funding being set aside in 2015 by the previous government, the Liberals have yet to deliver a dime to improve and expand border crossings in my riding. That is yet another example of the way the Liberals have continued to ignore the needs of Alberta's economy.

One of the features of Bill C-21 is the collection of personal entry and exit information at the border. This information will provide better intelligence and understanding of security and trade, and ultimately better security and a stronger economy. Naturally, collection of information in the age of big data does raise concerns. This is the only issue that surfaced during Senate review.

The Senate has offered an amendment to clause 93.1, which reads:

Subject to section 6 of the Privacy Act, information collected under sections 92 and 93 shall be retained for 15 years beginning on the day on which the information is collected.

The Privacy Commissioner was concerned that the original amendment by the public safety committee would not provide enough certainty. I understand that it is the Privacy Commissioner's role to be concerned and to identify what could go wrong and how things could be abused. He stated:

The words “shall be retained for 15 years” clearly indicate that information cannot be destroyed before the end of the 15 year period. Then, there are no words to prescribe what happens after the end of the period.

I would suggest this is a friendly amendment, a minor edit over a concern about the language used to achieve the same objective. I will quote from the Hansard of the Senate. Senator Mary Coyle stated the following about the testimony of the Privacy Commissioner:

...in order to achieve greater legal certainty, section 93.1 should be amended in order to clarify that the data collected under sections 92 and 93 shall be retained by the agency for a period of not more than 15 years, so to a maximum of 15 years. He said:

'It would be desirable...to achieve greater legal certainty to amend section 93.1 to clarify that it applies only to CBSA and that it is a maximum period.'

That is, the 15-year maximum period. I have personally verified with Mr. Therrien regarding the wording of the amendment agreed to by the committee and he agrees it captures his concern regarding the retention period for the CBSA.

She further noted the following:

Bill C-21 gained broad consensus from all parties in the House of Commons and we have heard a similar level of agreement in this chamber.

I would note that it is not surprising that the Senate would find few issues with this legislation. The bill achieves many important objectives for Canada and Canadians.

The better use of information concerning people and goods that enter and leave the country will ensure that the government is better informed. It will also make life easier for immigrants and permanent residents who currently have to prove their time in the country, instead of a clear record being available to government. Informed government is better government.

The bill will support faster and more effective trade between our countries, as trusted businesses will be able to move their goods more efficiently across the border without barriers. In contrast, border agents will be able to better identify and target problems, focusing enforcement on the issues rather than honest Canadians trying to go about their business.

Like all legislation involving the collection of information, we must be conscious of the collection and use of data. As the Privacy Commissioner noted, the majority of the issues raised are addressed in the bill and the bill strikes the right balance.

Unfortunately, Bill C-21 is still not an answer to many of the issues caused by the Liberal government and faced by Canadians and our country at the border. There continue to be tens of thousands of illegal border crossers, costing taxpayers an estimated $1.1 billion, including numerous impacts on provinces. For example, the capacity of local and regional social systems are maxed out; there is a four-year backlog in asylum claims that continues to get longer; and resources from communities across the country, including CBSA border officers, RCMP and immigration officials, have been redeployed to Lacolle and other problem areas, leaving communities short-handed.

Provinces have run up massive costs, for which the federal government has offered pennies on the dollar by way of reimbursement. More than two years later, and now with two ministers, there is still no clear plan to secure the border and re-establish an orderly refugee and immigration system.

Trade between Canada and the U.S. continues to be problematic, as steel and aluminum tariffs have put manufacturing and construction jobs at risk. The energy sector continues to be subject to the whims of foreign influencers who are aligned with the anti-energy ideologies of the Liberal government.

I hope the House can move quickly to move Bill C-21 forward. The Liberal government has created a long list of problems, crises, and regional divides that need the attention of members to undo the damage to families, businesses and workers.

Bill C-83—Motion No. 17Points of OrderGovernment Orders

December 7th, 2018 / 10:10 a.m.


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The Assistant Deputy Speaker Carol Hughes

After hearing all the points of order, I will take a few minutes to look at all this. I will come back quickly on these points of order.

I now have to move on to debate. I will come back with my ruling shortly.

There are 27 motions in amendment standing on the Notice Paper for the report stage of Bill C-83. Motions Nos. 1 to 27 will be regrouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 27 to the House.

The hon. member for Moose Jaw—Lake Centre—Lanigan is rising on a point of order.

Bill C-83—Motion No. 17Points of OrderGovernment Orders

December 7th, 2018 / 10:10 a.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, Bill C-83 has been problematic from the start. Committee members even moved a motion to stop this bill. The witnesses were unanimous in their assessment that it does not work. We wanted the government to take the bill back and re-evaluate it, but the government refused.

This morning we were provided with a very sloppy French version that was all wrong, and this in the context of a conversation about how profoundly important official languages are in Canada. The government goes on and on about how it is fighting for this, and it keeps accusing the Conservatives of not being pro-French, but that is totally false.

I am the public safety critic. I am a francophone and a Quebecker. When the government hands us a document like this, as my colleague from Beloeil—Chambly said, we do not blame public servants. We blame the government for forcing everyone to do things too fast because it cannot get its own act together.

I do not think we should debate this today. It does not work.

Business of the HouseOral Questions

December 6th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, we will begin debate on the Senate amendments to Bill C-57, the sustainable development bill.

Tomorrow morning, we will start debate at report stage and third reading stage of Bill C-83, the administrative segregation legislation. Following question period, we will debate the Senate amendments to Bill C-21, the Customs Act.

Next week, we will be debating various government bills.

I would like to remind the House that, in accordance with the order adopted this morning, there will be an exploratory debate Monday evening at the usual time of adjournment. The debate will be on the subject of the opioid crisis in Canada.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

December 4th, 2018 / 10:05 a.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I have the honour to present, in both official languages, the 28th report of the Standing Committee on Public Safety and National Security concerning Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

The committee has studied the bill and has decided to report the bill back, under very constrained timelines, with extensive amendments.

I want to take this opportunity to thank staff, officials and members for their extensive co-operation in presenting this report to the House today.

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 1:25 p.m.


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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Madam Speaker, I rise on a point of order. Given the unfortunate adjournment of the debate on the motion to authorize the Standing Committee on Public Safety and National Security to expand the scope of Bill C-83 in order to forbid those convicted of the murder of a child from serving any portion of their sentence in a healing lodge, given that the minister just announced in question period that he had received recommendations from the Commissioner of the Correctional Service of Canada relating to the transfer of Terri-Lynne McClintic from prison to a healing lodge in Saskatchewan and given that members in this place did not have the opportunity to vote on this very important motion, I believe it is incumbent to allow the House the opportunity to take a position on the motion and to give the public safety committee the required authority to consider any recommendations that the commissioner has to offer and to amend Bill C-83 accordingly.

To this effect, there have been consultations and I hope that should you seek it, Madam Speaker, you would find unanimous consent of the House for the following motion: That Motion No. 1082, listed on the Order Paper today under the rubric “Motions”, in the name of the member for Charlesbourg—Haute-Saint-Charles, proposing to authorize the Standing Committee on Public Safety and National Security to expand the scope of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act in order to forbid those convicted of the murder of a child from serving any portion of his or her sentence in a healing lodge be deemed adopted.

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 1:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, my friend rose on a point of order. He wants to hear the names of other murderers.

Well, it was not that long ago when member after member of the Conservative caucus stood in the chamber, and in great detail, talked about Tori Stafford and that horrific incident, which revolted many Canadians. One of the reasons many members on this side of the House were so upset with members of the official opposition was because of the way they were dealing with this issue.

For the sake of argument, let us say that the Conservatives had a change of mind on policy. When in government, when Stephen Harper was the prime minister, there were child murderers going to healing lodges, and they did not oppose it then. However, let us say that they had a road to Damascus experience. Now they are in opposition, and now we want to cut them some slack, and they want to see a change in policy. Even with that, I do not believe it justifies the graphic descriptions that were being given day in and day out by the official opposition.

Now those members want more names of these child killers tabled. Is it so they can again look at these cases and reveal the graphic details? Is that what they want?

At the end of the day, this is about good governance and policy that addresses the issues Canadians truly care about. That is why the Commissioner of the Correctional Service of Canada was asked to do the job she did. As I have indicated, that report has now been brought to the attention of the minister responsible. I can assure members of this House that the report will be gone through and we will see something that can provide assurance to Canadians that we do have the victims in our hearts and that we are respectful of our civil servants. We believe that we need to have a policy that delivers on what the public expectations are of the government of the day.

I made reference to Bill C-83, and my colleague made reference to it in her speech. The reason I want to bring this up is that often, the Conservatives try to give the impression that they are about the victims, as if they are the ones who protect the interests of the victims. Well, we have seen legislation brought in by this government that enshrines victims' rights in legislation. We have seen other aspects that are important.

For example, my colleague made reference to audio tapes. There are many crimes that are so horrific that when a perpetrator in jail goes before a parole board, and the victim wants to attend the hearing, we would allow the victim to be provided an audio tape of what takes place, because one can only imagine what a victim goes through when sitting in that Parole Board hearing.

There is a different mentality between the Stephen Harper Conservatives and this government when it comes to justice. I will give the Conservatives that. We truly believe that there are certain actions the government can take that will ensure that we have fewer victims in the future. That is a reality that often escapes my Conservative friends across the way.

Bill C-83 is a good example of that. Within the bill are reforms to the legislation that would enable programming, such as mental health care services and others, to be made available to individuals leaving our prison system. That is important. Unlike the image the Conservatives try to give Canadians, that once people go to jail, each and every one of them is so bad that they should stay in jail forever, the reality is that a vast majority will come out and they will be in our communities. We need to ensure—

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 1:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I will pick up on the last question. The member tries to give the impression that the government has not done a good job on this file. I would like to make it very clear to those who might be following the debate just what the government has done. In order to appreciate what the government has done, one needs to have a better sense of what has been happening over the last 10 years.

I would emphasize what I believe is uniformly felt across all regions of our country. No one this country could every imagine how horrific the actions against little Tori were. I think I speak on behalf of anyone who has a heart and understands what a parent or family members have to go through mentally and physically when something horrific takes place against a child. I cannot imagine the pain and agony. In my heart, and I know I am not unique, all of us in the chamber extend our sympathies and empathy to the family. Having said that, sadly, it is not the first time that has happened in Canada.

I had the opportunity to ask a question, trying to provide a little history. A past Conservative administration decided that we should move from correctional facilities to healing centres, which would be part of the medium-security correctional facilities. I believe these healing centres were brought in a Conservative administration.

Indeed, let us fast forward to when Stephen Harper was prime minister. If we listen to the Conservatives, we would think this situation were truly unique, as if children have not been murdered in the past and murderers have not been put into healing centres in the past. We know that is not true. Even when Stephen Harper was prime minister, we know there were murderers in medium-security facilities who were transferred to healing centres, dozens of them. Not one, two or three, but literally dozens of murderers have gone into these healing centres. This was when Stephen Harper was prime minister.

We often hear about some of the worst crimes in society, such as terrorist acts, but what ranks very high for me are child murders. These as horrific and I want there to be consequences for that crime. So do my constituents and a vast majority, 90%-plus, of Canadians.

Do members know that child killers were sent to healing lodges while Stephen Harper was prime minister? If we follow the debate on this issue, we would never believe that to be the case, but that is the reality. Child murderers, even under Stephen Harper, went to healing lodges. We did not hear any Conservatives jump up at that time asking why it was happening. No one condemned Stephen Harper and the minister responsible. It was implied earlier that maybe they did not know about it. That excuse does not cut it.

I listen to many members of the opposition yell from their seats how horrific it is and how irresponsible we were by not taking action, as they point fingers at the member for Regina—Wascana, the Minister of Public Safety, for not taking action. Here is a reality check: Even though Stephen Harper and the Conservatives did not take any action, this minister and this government have taken the most appropriate action of all. We created a dialogue with the commissioner of corrections and asked the commissioner to review the policy and to come back to the government with some recommendations. That is the responsible approach to dealing with this issue.

I understand that yesterday the commissioner brought forward that report. I suspect that the minister, knowing he is one of the hardest working members in the chamber, will go through that report in great detail. I know this government as a whole understands and appreciates the very important role that our civil servants play in providing the services that we receive from Correctional Service Canada. We will factor in what those professionals have to say, because good government does that. Good government respects the fine work that our civil servants do for Canadians as a whole.

Knowing the Minister of Public Safety, his primary concern is the safety of Canadians. I believe that is the priority of this government. We have seen that in the legislation we debated, namely Bill C-83, which I will soon get to. For now, let us realize that unlike the former government under which we know that child murderers went to healing centres, we are looking at ways to improve government policy. This is one of the files that no doubt will be taken into great consideration as we try to ensure that we have the confidence of Canadians as we move forward on this.

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 1 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Madam Speaker, I have no idea what that question has to do with the motion before us today on Bill C-83, but I am happy to respond to it.

Our government has brought over more than 1,200 Yazidi refugees. How many did the Conservatives bring over? Three. This side of the House is providing mental health services for those Yazidi refugees. What did the other side of the House do? It removed health services for refugees in Canada. Not only that—

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 1 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Madam Speaker, as I was saying, the member for Beauce has called the Conservative Party of Canada “morally corrupt” and has said that Canadians need a new coherent Conservative option to vote for.

As just one recent example, the Standing Committee on the Status of Women recently completed a committee report that recommended:

That the Government of Canada ensure access to healing lodges for Indigenous female offenders with a medium security classification.

It also called for expanding the number of healing lodges.

The Conservative members of the committee did issue a dissenting report, however they made no mention of this recommendation, and in fact solely focused on social impact bonds. I would take from the dissenting report that the Conservatives tabled in the House that they agreed with our recommendation on access to healing lodges.

Meanwhile, other Conservative MPs, including members of the status of women committee, have spent the past month demonizing the use of healing lodges. The ability for Conservatives to speak out of both sides of their mouth on any given issue may make them feel nimble while debating in the Ottawa bubble, but it is very confusing to everyday Canadians who cannot tell if the Conservative Party actually stands for anything anymore.

While the Conservative Party continues to play games, trying to slow down any piece of legislation that would be good for Canada, good for Canadians and good for public safety, as Bill C-83 is, we on this side of the House remain focused squarely on governing this great country. That is why I will not be supporting the member's motion.

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 12:40 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Madam Speaker, I am pleased to rise today to speak to the member's motion regarding Bill C-83, which the House has already voted on and passed at second reading.

The hon. member for Durham just mentioned that sometimes politics gets done in this place, and I would argue that the only thing being done by the Conservative Party right now is playing politics.

I cannot imagine what the family of Tori Stafford has gone through or any family that has lost a child in this manner. My heart goes out to all families who have lost children to crime.

I will start by discussing Bill C-83 and some concerns that have been raised about the working conditions of those working in corrections. It is challenging work. From guards to parole officers, program staff to medical professionals, corrections employees work hard, around the clock and in challenging environments to keep our institutions safe and in support of effective rehabilitation, which ultimately protects Canadian communities. They represent a professional workforce of nearly 18,000 employees, all engaged in the success of the corrections system and the fulfilment of Correctional Service Canada's mandate. That is complemented by some 6,000 volunteers in institutions and communities, not to mention elders, chaplains and the many other unsung heroes working in corrections. I want to assure all of those individuals that as we study Bill C-83 at committee, their voices will be heard and we will be listening to them.

Regarding the transfer referred to in this motion, when it came to the attention of the Minister of Public Safety, he asked the commissioner of corrections to review the transfer decision and the long-standing policies in place, which existed prior to our becoming government, that led to the decision, to ensure that they remain appropriate or to recommend if they need updating. As the Minister of Public Safety indicated in the House, he received the report from the commissioner of corrections late yesterday, a report that came with several policy options for him to consider. The minister is studying the report carefully and has said that if there are any changes that need to be made to these long-standing policies, they will be made in the near future.

In the meantime, the public safety committee is expected to begin its study of Bill C-83 next week. This transformational piece of legislation will eliminate segregation in Canadian corrections facilities, but is unrelated to the issue of this particular transfer. Through Bill C-83, the government is demonstrating its commitment to ensuring that we not only have the tools to make guilty parties accountable for breaking the law, but also create an environment that fosters rehabilitation so there are fewer repeat offenders, fewer victims and, ultimately, safer communities.

Virtually everyone in federal custody is eventually going to be released. It is in the best interests of public safety to ensure that when offenders are released, they are well prepared to participate meaningfully in society and that they are unlikely to reoffend. That is why we are strengthening the federal corrections system and aligning it with the latest evidence and best practices so that offenders are rehabilitated and better prepared to eventually re-enter our communities.

Bill C-83 would replace the long-standing practice of using segregation and replace it with the use of structured intervention units, or SIUs. This is a bold new approach to federal corrections. An offender may be placed in an SIU when there are reasonable grounds to believe that they pose a risk to the safety of any person, including themselves, or the security of the institution. It will protect the safety of staff and those in their custody by allowing offenders to be separated as required, while ensuring that those offenders receive effective rehabilitative programming, as well as interventions and mental health support. These things are not in place right now but we would put them in place with Bill C-83.

Currently, placement in segregation basically suspends all interventions and programming for an offender. The offender is essentially kept isolated from everyone. In a structured intervention unit, on the other hand, the offender will have a minimum of four hours outside of their cell and a minimum of two hours of meaningful interactions with other people, including staff, volunteers, visitors, 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 and mental health care tailored to their needs. It is a system that will allow for the protection of inmates, staff and the institution while ensuring that the time an inmate spends there does not interrupt his or her rehabilitative programming. Make no mistake, rehabilitative programming is essential to ensure that when the person is released from corrections, they will be able to live a life free of crime.

We will ensure that the correctional service has the resources it needs to ensure the safe and secure management of offenders within the SIU while delivering all of the important programming and allowing for visitations.

In addition, the new system will be subject to a robust internal review process. By the fifth working day after movement to an SIU, the warden will determine if the inmate should remain there, taking into account factors such as the inmate's correctional plan and medical condition. If the inmate remains in the SIU, subsequent reviews will happen after 30 days by the warden and every 30 days thereafter by the commissioner of corrections.

Reviews can be triggered by a medical professional at any time, and will be strengthened by the fact that Bill C-83 also enshrines in law for the first time the principle that health care professionals within the corrections system must have the autonomy to exercise their own medical judgment. As recommended by the Ashley Smith inquest, it would create a system of patient advocates who will help ensure that people get the medical treatment they need.

Bill C-83 would also enshrine in law the principle that offender management decisions must involve consideration of systemic and background factors related to indigenous offenders. These amendments are based on the 1999 Gladue case and reflect what the Supreme Court has found to be the constitutional right of an indigenous offender.

The bill would also improve support for victims. Currently, victims may attend a parole hearing of the perpetrator of the crime. Alternatively, victims can request audio recordings of the parole hearing if they are unable to attend. Unfortunately, due to a glitch in the existing act, if a victim attends in person, he or she is not able to receive an audio recording. We have heard from victims that parole hearings can be such an emotional time that afterward the victim often cannot remember the full details of what transpired. Bill C-83 would ensure that even if the victim attends in person, he or she will be able to get a copy of the recording.

The legislation would also allow CSC to use body scanners for the first time. These scanners are a less invasive way of searching inmates and visitors to a penitentiary while ensuring that correctional staff have the tools they need to detect and prevent contraband.

During Stephen Harper's time in office there were many inmates in healing lodges who had committed very serious crimes. In fact, dozens were convicted of murder and at least 14 were convicted in cases in which the victims were children. They were sent to healing lodges under the Harper government because, apparently, the Harper government understood that healing lodges were in the interest of rehabilitation and public safety. I would like to read a quote from the member for Moose Jaw—Lake Centre—Lanigan, who said, “Healing lodges developed in collaboration with aboriginal communities provide supportive healing and reintegration environments.”

In our country, we rely on our courts to deliver sentences and the corrections system to supervise offenders, to uphold public safety and to rehabilitate those in their care. We do not have a vigilante system in Canada. We do not allow public opinion or political rhetoric to determine the penalties dealt to individual offenders. Yet the opposition has been playing political games with this case and our entire justice system during the past weeks.

Let us be clear. There is no doubt that this offender should be in prison. There is no doubt that she remains in prison. The facts of the case are well known and they shake us to the core. She was tried and sentenced to life without eligibility for parole for 25 years. She has been in the custody of Correctional Services Canada since sentencing. Let me reiterate that she is still in prison and continues to be supervised while incarcerated and will remain under supervision for the rest of her life.

Neither the Minister of Public Safety nor the House has the ability to overturn the decision on where that individual offender should be serving her sentence. To make the public believe that we do is irresponsible for the opposition, and I, for one, do not want to live in a country where our justice and corrections systems rely on political rhetoric and public opinion in their decision-making processes.

Recently, we had the new commissioner of corrections at the public safety committee. She stated several times, just as the Minister of Public Safety has done here as well, that she was asked to review the circumstances surrounding this transfer decision, as well as the long-standing policies regarding transfers in general. As I mentioned earlier, the Minister of Public Safety received the commissioner's report late yesterday and is in the process of reviewing it.

Both of committees that I sit on, the status of women and public safety committees, tabled reports in June on the corrections system and, in particular, on indigenous people in corrections. The public safety committee's report was unanimous in calling for additional funding for healing lodges. Members from all parties heard from witnesses and agreed that healing lodges were doing excellent work and should be expanded and supported. The Conservative members of the committee agreed with us that they play an integral role in our corrections system. The status of women committee also recommended additional funding for healing lodges and heard extensive testimony on their benefits.

I wonder how many on the opposition benches have actually visited a women's medium-security institute or healing lodge. I have visited both. I suspect most people, including those in the House, expect prison to look more like what they see on television and in movies. They might be surprised to see what a medium-security institute like Grand Valley actually looks like.

Let me be clear. A healing lodge is still a secure corrections facility. Perhaps if it were called a women's indigenous corrections facility, we would not even be debating this issue, nor having the motion before us today. It is not a spa. It is not a summer camp. There are no luxury linens. Prisoners must follow the rules if they want to stay there.

A healing lodge is different from what Canadians might expect a prison to look like, but these institutions are also very different in their outcomes for prisoners, and in turn, better for Canadians and public safety in the long run. In fact, I would argue that is why the Harper Conservatives sent individuals who had been convicted of murder to healing lodges, because they recognized the benefits for offenders when they spend time in these institutions.

Claire Carefoot, executive director of the Buffalo Sage Wellness House, an Edmonton healing lodge, has 29 years of experience in corrections. She appeared before the public safety committee during our study, and stated:

It's not a get-out-of-jail-free [card].... We have the same kind of supervision and restrictions they have in a prison. Only we're doing it in a healing way.... they have to accept responsibility for their offences, for their victims, and they have to accept responsibility for their own behaviour.

Our government knows that a corrections system focused on accountability rather than simple retribution is better for corrections outcomes and, therefore, better for the public safety of all Canadians. We know that taking a rehabilitative approach is the best way to protect the public safety of Canadians. I think Canadians would agree that when people leave prison, we do not want them to commit a violent crime. It is not in the interests of public safety.

As we know, regardless of the length of their sentence, the vast majority of those incarcerated in our system will be released from prison at some point. They may very well move into our neighbourhoods. What kind of person do we want released from prison at the end of his or her sentence living next door to us? I feel strongly that, regardless of our feelings, public safety is best served when we take steps to prevent violent recidivism.

I mentioned the fact that the previous government sent individuals who had committed murder and individuals who had committed crimes against children to healing lodges.

I would argue that is the problem with the Conservative Party today. It has no moral centre. It has no principles around which to build policies. Conservatives simply swing from one issue to the next, with no sense of cohesion or principles to guide them. Almost every issue or policy that the Conservatives supported in government is one that they have a knee-jerk reaction to while in opposition.

It is the reason the member for Beauce has left the Conservative Party and founded a new Conservative movement. He says that today's Conservative Party of Canada has become “morally corrupt”, and that Canadians need a new coherent Conservative—

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 12:25 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, it is a pleasure for me to join my friend, the hon. MP for Charlesbourg—Haute-Saint-Charles, in this important debate with respect to Bill C-83 and sentencing in Canada.

It concerns me that the government, like on many things, has a communications plan rather than a plan to actually lead, and this is an example. In fact, the deputy House leader for the Liberals is referring to a report from the Commissioner of Correctional Service Canada that was provided to the government just mere minutes before a protest on Parliament Hill, which was organized by people from the community of Tori Stafford, the young woman who was killed by Terri-Lynne McClintic and her partner.

We have seen the comments from Rodney Stafford, her father, and the outrage with the transfer of Ms. McClintic to a healing lodge in Saskatchewan. However, just in time for this protest, the Liberals have the report. Members will recall that they defended this decision and in fact their recently appointed commissioner defended the decision herself. Her decision was wrong, and it is up to ministers of the government to recognize that. I am hoping the commissioner is listening to my remarks, because I will inform her why I think the decision was wrong.

I have not read her report today. I am working off her comments after defending the decision to sort of support the government's inaction. I will use the government's own material to prove my point.

I learned a lot about restorative justice principles in law school at Dalhousie and restorative justice can be used in certain circumstances. However, the case of Ms. McClintic is not one of those. In fact, her own family has questioned whether she is of indigenous background.

However, leaving that aside, on the website of the Department of Justice, it says that the first principle of restorative justice recognizes “Crime is Fundamentally a Violation of People and Interpersonal Relationships...Victims and the community have been harmed and are in need of restoration.”

It starts with a reflection on the victim. In this case, the victim, Tori Stafford, a child, was lured away by Ms. McClintic and horribly killed. I do not want to get into the details. They have been recounted several times. However, restorative justice starts with an examination of the victim and the crime. This is the worst crime. The victim and her family have suffered the most horrendous circumstances imaginable under our Criminal Code. This is not a crime of poverty or circumstance. This was a premeditated act. The vision of Ms. McClintic luring young Tori Stafford away was caught on videotape. It is seared in the minds of people from that part of Ontario. The ministers involved here should review that tape and the file. The Commissioner of Correctional Service Canada should review it as well.

As a primer, they can look at the Department of Justice's own materials on restorative justice. They should also look to section 718 of the Criminal Code, which outlines sentencing and the sentencing principles and purpose. I invite all Canadians to read it. This is the underpinning of our justice system, particularly when it comes to a crime committed against one Canadian by another, and in this case, a child.

The purpose of sentencing is found in section 718 of the Criminal Code. Some of my Liberal friends in the House are lawyers. They may think back to criminal law at law school. I refer them back there. I refer the commissioner there as well.

What are the purposes of sentencing? First is denunciation of conduct. The killing of a child deserves the highest denunciation possible. Second is deterrence, deterrence for the worst of crimes, violence against other people in our civilized society. Separation of offenders is the third purpose, which is for the protection of the public, when someone involved with the worst of crimes should be a high priority. The fourth is rehabilitation. That is where we want to not give up on anyone. The fifth is reparation, which is to make amends to the victims and the people impacted. The final purpose of sentencing is promotion of responsibility.

Ms. McClintic is responsible for her role in the death of Tori Stafford. She should be making reparations, both on a restorative level and on a Criminal Code level, for that crime. She must be separated from the public for her involvement in the worst of crimes.

We must have deterrence and we must have denunciation. In the worst of crimes, those take precedence over rehabilitation. Those take precedence over transferring someone to a healing lodge. A healing lodge is really designed for restorative justice principles for people who have committed crimes because of their circumstance in life, because of poverty, or because of higher instances of incarceration of indigenous peoples. I support healing lodges, but not for child murderers.

Let us continue from section 718 of the Criminal Code to sections 718.1 and 718.2. It begins with the principle that a sentence must be proportionate to the nature of the offence. I remind everyone, and the commissioner of corrections, that this is the worst crime our society faces. There is no need for a balancing test.

In my view, the proportionate nature of the offence means that Ms. McClintic should serve her entire sentence in a maximum-security prison. Certainly the restorative healing lodge approach, generally saved for indigenous offenders, should not be available for first and second degree murder cases. This should be a policy that is brought to the chamber immediately. That is what Canadians expect.

There is no way under the Criminal Code, under Justice Canada's principles of restorative justice that could defend the transfer of Ms. McClintic to a healing lodge. There is no way to defend it. What is more troubling than the decision itself, and the Liberals' shell game of having a report from the commissioner show up on the day that people are protesting on Parliament Hill, is that this is another example of a government that is actually impotent to act. There is an organization chart. The minister is at the top of that department. The Prime Minister is responsible for each minister. We see countless cases where there is an inability to take action and acknowledge errors made by departments.

The Statistics Canada stats grab that is going on right now, which Canadians find obscene, is when the minister responsible should say “Statistics Canada, hands off.” When Veterans Affairs finds out that a convicted murderer who developed PTSD from killing a police officer in Nova Scotia, a murderer who never served, is receiving funding that is for our veterans, that is a mistake and it should be rectified. Ms. McClintic is probably the best example of a mistake that should be rectified. There is no excuse for it.

I would like the commissioner of corrections to go through the same analysis I just did, Section 718 of the Criminal Code and the principles of restorative justice, and give me one reason why Ms. McClintic should be transferred to a healing lodge. It is time for the Liberals to step up and show some leadership. Our job in the House as the loyal opposition is to bring the concerns of Canadians to this Parliament. In fact, I applaud the Canadians who were braving the rain and cold today to bring their outrage in the transfer of Ms. McClintic to the steps of Parliament Hill.

The trouble is that we have Liberal government ministers who are impotent to act. They act like they are powerless. It is because the job, the image and the car mean more to them than the actual responsibility they have. In this case, it is undermining confidence in our judicial system, in our corrections system. I have yet to see one iota of a response to why this should happen. The Liberals should take ownership, remove Ms. McClintic and ban any further transfers of anyone who took a life to a healing lodge like this.

Standing Committee on Public Safety and National SecurityRoutine Proceedings

November 2nd, 2018 / 12:15 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

moved:

That it be an instruction to the Standing Committee on Public Safety and National Security that, during its consideration of Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, the Committee be granted the power to expand the scope of the Bill in order to forbid those convicted of the murder of a child from serving any portion of their sentence in a healing lodge.

Madam Speaker, I will be sharing my time with the member for Durham.

This morning, we moved a motion that we consider to be very important. I would like to give a brief overview of Bill C-83, which seeks to change inmates' conditions, since the motion is very closely related to the bill. Bill C-83 seeks to eliminate the use of administrative segregation in correctional facilities and replace it with structured intervention units, to use prescribed body scanners, to establish parameters for access to health care, and to formalize exceptions for indigenous offenders.

This bill obviously contains some reasonable measures that are worth considering. We should all consider how we can change and improve the overall prison program. However, we have a problem in that regard.

Everyone agrees that a criminal has to serve their lawful sentence, but we cannot allow penitentiaries to become five-star Hilton hotels. Otherwise, there will be no incentive for individuals to give up their life of crime.

After our initial reading of the bill, we are not only disappointed, but also discouraged to see that this government is still working to help criminals instead of thinking of the victims.

Three weeks ago, we asked the Prime Minister and his team why they transferred a child murderer to a healing lodge instead of keeping her behind bars at a maximum-security penitentiary. The Prime Minister was either incapable of answering the question or unwilling to do so. On this lovely, rainy Friday on Parliament Hill, hundreds of people are outside asking the same question. They do not understand why this child murderer is at a healing lodge in Saskatchewan.

I gave notice of this motion at the beginning of the week, and it just so happens that, on Wednesday, October 31, Global News published an article by Abigail Bimman about the brother of murderer Terri-Lynne McClintic. Her own brother is disgusted by what is going on. He says his sister is not indigenous, that she manipulated the system, and that she should be sent back to a maximum-security penitentiary to serve her sentence. Her brother says his sister “is no more indigenous than I am green from the planet Mars”.

This case has been the subject of much debate here in the House of Commons. The government accused us of raising a sensitive issue and said we should not take advantage of the death of a police officer, but I believe Canadians understand that the Liberal government's position was untenable. It is unacceptable for a child killer who claims to be indigenous to be sent to an indigenous healing lodge. To be clear, healing lodges are minimum-security facilities. There is no security, so people can come and go and do as they please, even if they do not have that right. A child killer should not be in a place like that.

I believe that what our motion is calling for is very reasonable because Canadians believe that child killers should not be held in healing centres or minimum-security prisons. They should serve their sentence in maximum-security penitentiaries.

Furthermore, we just learned that the Minister of Public Safety received a report from Correctional Service Canada regarding its investigation of the circumstances surrounding the transfer of Ms. McClintic from a maximum-security prison to a healing centre. I am therefore asking the minister to table this report at the Standing Committee on Public Safety and National Security so we can consult it, read the recommendations concerning Bill C-83 and ensure they are implemented.

At some point, there must be some common sense in this country. Unacceptable things are happening. I know it is not that easy to govern a country. We will be in that position next year, but in the meantime it is the Liberals' job.

All we are doing is proposing a few things to help keep the country running smoothly and ensure that Canadians continue to trust our justice system and believe that criminals will have to face consequences. Giving criminals a chance to live a good life while leaving victims to cope with sadness and sorrow is simply unacceptable.

Record Suspension ProgramPrivate Members' Business

October 24th, 2018 / 6:55 p.m.


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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, I rise today to speak to Motion No. 161, which calls for a study of the impacts on people with a criminal past who seek a record suspension, formerly known as a pardon. It is a term perhaps more familiar to those who are watching the debate at home, but a term that the previous Conservative government removed to reflect that this was not a purging of their past, but rather a recognition of their efforts to change and live productive lives within our communities.

More specific, the motion, if passed, will instruct the public safety committee to undertake an examination of how record suspensions can help those reintegrate into society, to look at the fees associated with the application for record suspensions and whether they should be changed and, finally, a catch-all directive to identify any improvements to better support applicants through this process.

lt is interesting that the motion is being debated in the House rather than being simply moved to the committee itself, which could be a much quicker option.

lt is also interesting that this comes on the heels of the debate on Bill C-83, an act to amend the Corrections and Conditional Release Act.

While Bill C-83 and the motion we are discussing today are different in substance, at the heart of these two items is the watering down or perhaps the repeal of the previous Conservative government's Bill C-10, the Safe Streets and Communities Act. Bill C-10 enhanced victim's rights and enhanced the safety of Canadians, which lengthened the crime-free waiting period to 10 years before a serious offender could apply to suspend indictable convictions and to five years from three for summary offences. It disqualified anyone with more than three convictions for an indictable offence from ever being able to apply and disqualified those convicted of child sex offences from ever being able to apply.

A review of the fees associated with the applications for record suspensions is in order, particularly if the fees are hindering the rehabilitation of individuals back into their community, as the hon. member for Saint John—Rothesay has indicated. However, if this is another attempt by the Liberal government to prioritize the rights of criminals ahead of the rights of victims, that is something Canada's Conservatives will not accept.

Motion No. 161 instructs the public safety committee to look at how suspending a criminal's record would assist in the reintegration into society. The hon. member for Saint John—Rothesay included this in his speech. He also included references to people convicted of minor offences, like theft under. The member mentioned that these people were having difficulty finding jobs because of their criminal records and that they could not afford to apply for record suspensions. This in effect hindered their ability to reintegrate into their community and effectively raise themselves out of poverty.

As I indicated earlier, a review in this narrow context at committee I feel is more appropriate. However, I say narrow because the examples used by the hon. member in his speech are narrow in scope as well. The motion does not say those convicted of minor offences, as we might believe from the examples the member for Saint John—Rothesay has used in his speech.

I refer to the speech by my hon. colleague, the member for Medicine Hat—Cardston—Warner, which he gave in the House a short time ago. He said, “Record suspensions should not be something that anyone with a criminal past can get. Some crimes can and should remain forever on someone's record.” He continued, “serious criminals and repeat offenders that are generally the concern, not one-time shoplifters. The fact is that one-time shoplifters are usually dealt with by means of alternative measures.”

Let me be clear. Canada's Conservatives do not want criminals like Terri-Lynne McClintic getting their records suspended for their heinous crimes. We must ensure that those who commit crimes against children will never be able to volunteer at a children's day care centre, for example. The shocking indifference for victims and a disturbing compassion for criminals that the Liberal government has demonstrated over the past weeks needs to be re-examined by the Prime Minister.

As I mentioned earlier, it is interesting that the member chose to raise this matter through a motion in the House, rather than the more expeditious route of presenting a motion to a committee, for example. Obviously, I am not a member of that standing committee. I sit on the natural resources committee. I do not know the public safety committee's agenda, what studies are being conducted and what studies it plans on doing in the future. The committee members themselves are best placed to determine how the study fits within the current pressing public safety or national security issues of, say, gang violence, illegal border crossers, cybersecurity, threats by foreign states or extremist attacks, and yet we are being asked to set the agenda for this committee.

Also, considering this draw, not every MP in this House will have the opportunity to bring forward such legislation. for the benefit of those watching at home, I am referring to the procedure by which we choose the order in which private members can bring private members' business to this House. While I recognize that this motion would impact the hon. member's constituents, it could, as I have said earlier, more appropriately have been dealt with at committee, which would have allowed the member to raise another substantive legislative concern for his constituents.

While it may raise questions for the constituents of Saint John—Rothesay, the member is perfectly within his right to do so. As a result, I have some recommendations for the committee during any review that it may have down the road.

I would encourage the members of the public safety committee to remember that they are the public safety committee, when reviewing this motion.

I recommend that the committee consider the difference between someone who steals a pair of jeans and someone with a record of a serious crime, like sexual assault, child abuse, trafficking, homicide and other violent crimes. It may come as a shock to some of my Liberal colleagues, but there is a difference.

I also recommend that the committee consider the concept that deterrence is also an important factor that could be considered in the prevention of crime. The last message we want to send is that when people steal a pair of jeans and get caught, all they need to do is pay a pittance and there will be no record of their crime. Having a record creates a deterrent and reminds us that crime is not welcome in our communities.

Let us not forget that with every crime there are also multiple victims. I strongly urge the committee not to recommend a reversal of important provisions found in Bill C-10 that put community safety first, and were grounded in a philosophy that victims matter. I recommend not allowing criminals like child predators and repeat offenders with three or more indictable offences to be eligible to receive record suspension. I recommend not altering the required number of years that people with serious criminal convictions, like violent and sexual crimes, have to demonstrate their rehabilitation, before they can apply.

I ask the committee to consider the balance Bill C-10 struck between recognizing the role record suspensions play in facilitating reintegration, ensuring the protection of our communities, particularly the most vulnerable, and placing victims rights at the forefront. We need to ensure that record suspensions do not become a right for criminals. We need to ensure that criminals cannot buy a pass on their criminal behaviour. We need to ensure that a record means something, and we need to ensure that rehabilitation is still the overarching factor in the record suspension process.

The Liberals have demonstrated, in the past few weeks, a concerning preference to coddle criminals rather than champion the safety of the public and respond to the victims. Whether it was giving a convicted cop killer Chris Garnier veterans benefits, despite spending not one second in the Canadian Armed Forces and, something Chris Garnier openly claims, despite the fact that he contracted post-traumatic stress disorder in the process of committing his crime when he murdered a female police officer; whether it was deciding to move a child killer from behind bars to a healing lodge with no fence and with children living inside; or whether it is a lack of transparency in the Liberals' plan on dealing with returning ISIS terrorists, the trend must stop there.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:50 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, with respect to Bill C-83, I will focus mainly on administrative segregation because it is one of the key measures that should have been greatly improved. Unfortunately, we are not seeing this improvement.

There are two rulings on the use of administrative segregation that, in essence, have profoundly challenged the use of this technique because of the psychological and psychiatric effects it can have on people. For example, a number of studies show that administrative segregation could trigger or aggravate certain psychiatric symptoms such as hallucinations, panic attacks, paranoia, depression, impulsiveness, hypersensitivity to external stimuli, self-harm, insomnia and problems with thinking, concentration and memory. The use of administrative segregation increases the risk of suicidal thoughts and suicide.

In light of all that, the government should have engaged in a profound re-evaluation of the circumstances justifying the use of administrative segregation as well as the guidelines for the duration and supervision of this practice, among other things. Unfortunately, there are no options.

Segregation is also used in the health system. It is one measure used to restrain patients. Clearly, I am not referring to the same clients. Nevertheless, there are many linkages that can be drawn. The health system previously used many restraint measures on a regular basis. For example, a lap belt was used for seniors with dementia and the bed rails were raised so they would not fall out of bed. That was how things were done.

Quebec's health system has seriously questioned the circumstances that justify the use of restraints. There have been questions about how health institutions should determine whether their protocols for the use of restraints are effective.

Several documents were written about this, and I will be referring to a document put out by the Government of Quebec called Cadre de référence pour l'élaboration des protocoles d'application des mesures de contrôle, which deals with restraint, isolation and chemical substances. Chapter 4 is extremely interesting and so I hope that members will look into it, especially at committee. It talks about the ethical and clinical principles that health institutions should use to establish their protocols for the use of restraint. The first principle is this:

Control measures are only used as safety measures when immediate threats are identified

The protocol should state that control measures must be used in a therapeutic context only and must under no circumstances be used to punish, intimidate or correct a person, to modify a behaviour, or to deal with organizational constraints. If a control measure is used, it must be used with the sole object of preventing the person from imminently causing harm to themselves or others.

These ethical principles make many interesting points, especially where they say that restraint measures, such as segregation, must never be used to deal with organizational constraints. In other words, if segregation can be avoided by doubling staff numbers, that would be the ethical thing to do, rather than placing people in segregation just because it is the easiest option and money is tight.

This is also a very important principle from a legal perspective. Administrative segregation should not be used as a substitute for increasing staff numbers due to a lack of means. If segregation can be avoided by increasing staff, whether that means more security guards or other professionals, then increasing staff is the better option.

Another ethical principle is that control measures should be used only as a last resort. That seems logical.

I will continue after question period.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:50 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I have a lot of respect for our hon. colleague.

I just want to know, first, if the changes in Bill C-83 have been fully costed. As well, how is the government going to measure the deliverables outlined in Bill C-83?

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:35 p.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, I appreciate the time. I will bring some perspective to this debate dating back to October 2004, when I first came to the House. At the time, it was the tail end of a minority government.

We did not deal too much with legislation that addressed crime and other matters as such. I remember when the Conservatives came to power in 2006. They came in on a wave of their getting tough on crime and criminals. Over the years, to say it has been a mixed bag of success is to be somewhat generous. I do not mean that in a harsh or partisan way, but in a way that reflects that it is somewhat disappointing that we never had a decent conversation about crime, and certainly not about rehabilitation. Crime had become a superficial way of trying to gain popularity and votes. I say this not against the Conservatives specifically, but the debate has drifted in that direction. I think the tag line was “Do the crime, do the time.”

The problem is that we had seen what happens in jurisdictions around the world, and especially in the United States, where they truly used it, amping it up to the point where it became absolutely deafening, to the point where it was a matter of “Lock them up and throw away the key.” I mean nothing specific by that.

I will say, however, that tag line was used quite a bit. Unfortunately, we now find that so many people in the United States who originally used that as a way of gaining popularity and a way of pushing forward a very good public policy are now winding back some, but not all, of that. I am sure some of it worked out in the end. In many cases, there were a lot of people in the system who deserved to be in the system and should continue to be in the system, and that worked.

However, we realized over the years that a lot of people should not be in the system that long and were not given the tools to go back into society. There are people in society who do not belong in society. I get it. I think we all get that. However, there are people in the system administered by CSC who will go back into society. Who will that person be coming back into society, as opposed to who they were when they left society and went to prison for the first time? It is us who make the decisions to be there for the people who help rehabilitate the criminals.

I understand, on this particular legislation, that there are opinions on both sides of it, people who like what we say, and others who say that we need to look at furthering this debate about rehabilitating a person who has been incarcerated and is now going back into society. It takes several steps to get to that point. There are many examples around the world that we could use to get back to that point.

We also have the court system, which has pointed out that the old system has discrepancies that we need to fix, like solitary confinement. Let us look at the concept of solitary confinement for just a moment, the separation of someone from others for the safety of everyone involved. To a great extent, that has to happen within the system.

I have never worked in the prison system. I have never been in prison myself. However, I certainly know enough about the situation. Over the past 14 years, I have certainly heard enough about those who feel that rehabilitation in the prison service is deficient in many ways, federally and provincially in many cases. In my opinion, Bill C-83 is a way to take a step, so that when people go back into society, they will not be the same people who went into the prison. It is incumbent upon us to have that wide debate.

Now, we want to do several things in this particular bill, which I will point out.

This legislation proposes to eliminate segregation, following recent court decisions, as I pointed out. It introduces more effective structured intervention units. It proposes better support for victims during Parole Board hearings and it proposes increasing staff and inmate safety with new body scanner technology. Bill C-83 proposes to update our approach to critical matters like mental health supports and indigenous offenders' needs, as well as the needs of the general population.

What CSC really needs is the authority to separate offenders from the general population for the sake of institutional safety.

While someone is segregated in solitary confinement, there is still a way that we can reach that person to effect a major change. Therefore, there is a minimum. Yes, we do segregate that person from the general population for the safety of the institution, but we also need to provide the structure so that we can tackle the problem in a responsible and mature manner. This is what the SIUs this legislation introduces are about. Four hours of human contact could alleviate the problem.

The problem may have started with a particular person. I am not blaming anyone else. However we must look for the reason why that person needs to be segregated. Why is the individual like that? We need to make sure that it does not happen again. In order to do that, as the courts have pointed out, human contact is needed, which would make the situation it that much better for the institution itself and for the prison population in general.

For many years CSC has been criticized for the practice of administrative segregation, better known as solitary confinement. The case of Ashley Smith is a good example. Ashley died in custody in 2007. Her case highlighted issues related to segregation and mental health care in the Canadian correctional system.

In 2013, a coroner's inquest into the death of Ashley Smith resulted in recommendations, one of which was instituting a cap on the amount of time an inmate can spend in segregation. We realized from that case alone in 2007 that there was a problem and that we needed to go further.

We need to protect institutions and instill institutional safety by taking an inmate from the general population. But then what? What is the right answer?

The right answer involves our listening to the experts who have to deal with these people every day. I know they are on different sides in this particular step that we want to take, but it is our responsibility to have this debate and send the bill to committee so that opposition members who have some concerns can make the proper amendments.

We must remember that key here is the fact that a lot of these people will face society once again. We want to make sure that an individual who goes back into society is not the same person who went into prison.

We know these people through families, through friends, through contacts who have been in prison and had a rough time. We hear about them all the time. That is one of the major things that happened in 2007 with the case of Ashley Smith.

The number of inmates in segregation on any given day in 2011 was over 700. It is now about 340. Why is that the case? We need to explore the reason why.

As we look for answers to this particular situation, I realize that these units, these SIUs, are not the perfect answer for everyone involved in the system, including the guards.

My support for Bill C-83 comes from my understanding of the need to take that step of providing human contact to protect society at large. Of course, there are people here on both sides of the issue. We need to have a debate here and the bill sent to committee so that we can look at any amendments that might be brought forward.

I thank everyone involved in this debate. I also thank the superior courts of both British Columbia and Ontario for helping us guide the way.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:15 p.m.


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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, when we listen to the news on the radio, for example, we hear about how the Liberals want to scrap administrative segregation. I heard that three times during the member for Kildonan—St. Paul's speech too. That says to me that nobody will ever again be isolated in a cell for several hours a day or several days in a row.

However, that is not what Bill C-83 says. All it says is that the term “administrative segregation” will be replaced by “structured intervention units”, that the number of hours will be reduced from 22 or 23 to a maximum of 20 hours, and that the inmates will have contact with other people. They can still be segregated for 20 hours a day for an indefinite period of time. There is no limit on the number of days an inmate can spend in a structured intervention unit.

How can the government tell people it is doing one thing even as it is doing another? How can it mislead people like that?

To me, that is outrageous.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:05 p.m.


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Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

Mr. Speaker, it is my pleasure to stand today and speak to Bill C-83 and the impacts of the corrections facilities and our justice system on real people. In particular, my interest is on indigenous people, and how they are treated by the justice system and in our correctional facilities.

We are looking at a bill that will actually do what it promises and what it needs to do, which is eliminate solitary confinement. That was the major goal, and that is what this bill will do. It is also going to hold guilty parties accountable for breaking the law. Each and every Canadian wants to ensure that we have a justice system and a corrections system that are going to hold offenders to task, that they are receiving the proper penalty, and hopefully that they receive rehabilitation services to make them meaningful and active participants in our society.

Ultimately, we want fewer repeat offenders, fewer victims and safer communities. That is why our government is strengthening the federal corrections system, aligning it to the latest evidence and best practices so that inmates are rehabilitated and better prepared to re-enter our society safely.

This bill will eliminate solitary confinement, following recent court decisions and introducing a more effective system that will be called the structured intervention unit system. It will also provide better supports for victims during Parole Board hearings. It will increase staff and inmate safety with the new body scanner technology. It will also update our approach on critical matters like mental health supports and becoming more sensitive to indigenous offenders' needs.

There is no stronger case to reflect on than the Ashley Smith case, where a young girl was throwing crabapples at a mailman. She ended up in a youth facility, and her experience was then compounded with various acts of aggression and hostility because she felt she was not being treated fairly. Young people who are faced with a situation of hopelessness reach out in any way they can. Ultimately, Ashley hanged herself in a correctional facility operated by the Government of Canada.

It is hard to understand how a young woman would feel so hopeless in a facility that is supposed to be providing rehabilitative services. Ashley Smith's story is one that we should all reflect on. We would reflect on the fact that here was a young girl who was placed in a youth facility for a month in 2003, at the age of 14, after throwing crabapples at the mailman.

I am sorry, but this hardly seems like a reason to end up in confinement, whether it is in a youth facility or not. I have three children. I do not believe any one of them has ever actually thrown a crabapple at a mailman, but I am sure they have done things that might even be worse. The point is that this young girl was thrown into jail, a youth facility, and that experience was compounded. Instead of getting out and rejoining society, she might have had another small infraction, and then it was extended and extended to the point where her life held no hope that she could see, and where she would rather commit suicide than go on living in her condition in solitary confinement. It was a tragic situation and one that this bill is addressing.

We know more can be done, and more needs to be done. We know from the statistics that many of the people in our correctional facilities come from an indigenous heritage. Indigenous people far outnumber those from other communities. We must address the root causes, and that is a much more complicated and longer journey. However, I am proud to say that this is a government that is finally taking steps forward. We have a Prime Minister who has made a commitment to the indigenous people of this country, and to all of us, that this is an issue that we are finally going to address. Progress is being made.

When we go back to look at the bill itself, there is a need to make changes. This is a government that has taken steps forward, and there is no doubt that there are those in our community who will be concerned that some prisoners may be dangerous to the guards, to other inmates and to themselves, and that solitary confinement plays an important role in our correctional facilities. However, they need to understand that this was not the best way to help people. In fact, people in solitary confinement do not receive the supports they need to become stronger and healthier: the mental supports, the health supports and the supports they need to function in a very stressful circumstance.

Therefore, I am very pleased to see that we are eliminating solitary confinement and looking for new alternatives that would keep those offenders from the general population while allowing them to retain access to rehabilitation programs, mental health care and other interventions. Ultimately, effective rehabilitation and safe reintegration are always the best way to protect Canadian communities.

This is an issue that we are looking at federally, but it has also been addressed provincially. I note that in May, Ontario passed Bill 6, the Correctional Services Transformation Act. On May 7, the province implemented a hard cap on days spent in segregation.

The number of inmates who are in segregation has been dropping, and we are glad to see it. In 2011, there were 700 inmates in solitary confinement, and now that has dropped to 340. I am pleased to say I am a member of a government that is finding a way to eliminate solitary confinement.

While the correctional investigator has looked at the situation and acknowledged that the reduction in the use of solitary confinement is an improvement, he has also raised concerns that this decline may be related to increased violence among inmates. There is more to do, as we know, and we must continue to move with society to make appropriate amendments.

The structured intervention units would replace solitary confinement. Individuals would be separated from the mainstream inmate population, generally for safety reasons, and they would be assigned to a secure intervention unit. This would separate inmates when necessary, while continuing to provide them with rehabilitative programming, mental health care, and other interventions and services that respond to their specific needs.

This bill does several other things, including providing supports to victims. The bill would allow audio recordings of parole hearings. At this point, these are only available to victims who do not attend. The recordings would now be available to any victims, even if they attend, and would be an important record for them to review for the future.

The proposed bill also puts in law the guiding principles to affirm the need for CSC to consider systemic and background factors unique to indigenous offenders. This is an important and positive step for all Canadians, in particular our indigenous members of our society.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:05 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, my friend from Abitibi—Témiscamingue is absolutely right. The broad review that the judge was calling for is simply not to be found in this legislation. There has been some tinkering, and there have been some modest improvements. The Liberals have referred to them in those terms.

It is unclear whether or not higher courts are going to confirm the unconstitutionality of the past system. It is unclear to me whether Bill C-83 goes the distance in achieving the justice that the courts require for those in solitary confinement.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am somewhat surprised at the position the NDP has taken on this piece of legislation.

Looking at this legislation, as I know my colleague has, there is absolutely no doubt it improves the current system. It deals with the issue of segregation. It deals with audio recordings for victims. It includes body scans. I would ultimately argue that Bill C-83 is a progressive piece of legislation.

Why would the NDP not support this legislation? Maybe that party could attempt to get some amendments made at committee, or something of that nature. Would those members not at least acknowledge that the bill would improve what we currently have in place, even by NDP standards?

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, my friend from St. Albert—Edmonton is absolutely right, and I would go further.

Both judgments talked about the lack of external review. There is no independent third party to review the discretion of the CSC administrator, and that is shocking. That was one of the key elements of both decisions, as the member correctly pointed out.

What is also shocking is that despite losing both of these decisions so dramatically, the government sees fit to bring in a halfway measure in Bill C-83, and to continue the appeals to the Court of Appeal and the Supreme Court. These appeals cost lots of money, and for what purpose? Why can the government not accept what the courts have said so dramatically, improve the bill, and save people having to go all the way to the Supreme Court for the government to be told external oversight is required?

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 1 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, while I do not agree with all that the member for Victoria said, he certainly put forward a compelling case for some of the arguments he put forward.

The member for Victoria alluded to the British Columbia Supreme Court decision. We also have, as he alluded to, the Ontario Superior Court decision. He noted that in the British Columbia Supreme Court decision, there was a fair bit of elaboration on the part of the judge about the lack of an independent review. Going through the Ontario decision, what seems to be one of the key elements of that decision was the lack of an independent review.

Meanwhile, we have a government that says it is introducing this legislation to respond to these court decisions, but if that is true, it seems that one of the key elements of both of those decisions is lacking in Bill C-83. Would the hon. member agree?

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 12:50 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I am pleased to rise in this important debate today on Bill C-83, that would deal with the abolition of early parole and the issues on conditional release and corrections. I say at the outset that I will speak in opposition to the bill at second reading. I do so for a number of reasons I will try to describe.

I will first talk about the nature of what the bill has tried to respond to, the difficulties, the dilemmas, the torture, as some people have called it, that is involved in solitary confinement. Perhaps one can call it by other words, but that is what it is. Then I will talk about what a couple of our superior courts have said about this practice and the constitutionality of it, the fact that the government has continued with the appeals of those judgments and yet brought in a bill which by all measure is a very modest response to the very strong language of our courts in addressing the issue of solitary confinement.

I would say that this is a modest improvement. I do not want to be misunderstood. There are some things that are in the right direction in this legislation, but it is a pity that, in light of the long and thoughtful decisions in both the Ontario Superior Court and Mr. Justice Peter Leask's decision in the B.C. Supreme Court, this is the result. It is a very modest, to use a neutral word, response to their very strong language.

Let me talk initially about what they said. The B.C. Civil Liberties Association and others brought a constitutional case to the B.C. Supreme Court. In a landmark decision that was handed down in January this year, Mr. Justice Leask in his last judgment before leaving the bench provided what can only be described as a blockbuster decision. Among the things that he talked about, to build on what I asked my friend a moment ago, is the need for an independent review of segregation placements and that is entirely lacking in this decision.

He decided that the practice of solitary confinement, as it was practised at that point in time, breached the security of the person. He said: "I find as a fact that administrative segregation as enacted by [the statute] is a form of solitary confinement that places all Canadian federal inmates subject to it at significant risk of serious psychological harm, including mental pain and suffering, and increased incidence of self-harm and suicide." He wrote a 54,000-word judgment after hearing days and days of testimony, a very carefully reasoned decision and he held that it violated the security of the person that is guaranteed in our charter.

He also said that it discriminated against first nations, disabled and mentally ill individuals. The findings for that again are based on a thorough analysis of the situation at hand. He said thousands of prisoners have been subjected to solitary segregation over the years, isolated for up to 23 hours a day, sometimes for months and sometimes for years. Indeed, we know the sad story of Mr. Edward Snowshoe, an indigenous prisoner who died by suicide after languishing in solitary for 162 days without any meaningful attention from staff.

This is akin to a form of torture. This is not unlike the harm we have heard about in other contexts in this place of post-traumatic stress disorder that leads to the serious risks of suicide and self-harm as has happened so many times. Thousands of prisoners have been subjected to that isolation for so long and for so many hours a day and for so many days in a year.

There are about 14,000 inmates in federal institutions, 679 of them women. One in four of the incarcerated men spend some time in segregation. To my surprise, more than 40% of women do. This is a prevalent problem across our institutions and it is not just limited to some prisoners and some institutions, but is endemic across the country.

Those who believe that prisons are there to provide punishment but also for rehabilitation purposes should listen to what the judge concluded after days and days of testimony. He stated, “I have no hesitation in concluding that rather than prepare inmates for their return to the general population, prolonged placements in segregation have the opposite effect of making them more dangerous both within the institutions’ walls and in the community outside.” This is not serving the community and it is certainly not serving the people who have been in institutions for that long. The kinds of concerns he talked about include anxiety, withdrawal, hypersensitivity, hallucinations, aggression, rage, paranoia, hopelessness, self-mutilation and suicide ideation behaviour.

There is no question that we have dealt with a serious problem. It is not only the judge who said this. The correctional investigator of Canada and the United Nations Committee Against Torture have looked at that and concluded that there were serious issues that had to be addressed. Indeed, Justice Leask said there should be time limits of 15 days in solitary, longer periods are considered torture by the United Nations and the government indicated it could implement that standard. That is what led to the legislation before us today.

As I said at the outset, there are some tweaks in here that are helpful. The administrative segregation or solitary confinement has been rebranded as structured integration units, sort of an Orwellian term I suppose, but maybe the language will change things to some degree. Importantly, instead of spending up to 22 or 23 hours in segregation, the new scheme proposes up to 20 hours a day, but for an indefinite period of time. The Ontario Superior Court found that harmful effects can manifest in as little as 48 hours, so I ask whether that is likely to change anything in a significant fashion. I think not.

One of the things Justice Leask spent pages on in his decision was the need, as so many have said, to have an independent check on the discretion of the prison head or the Correctional Service of Canada's top official. That is lacking entirely in this bill. Senator Pate put a press release out and referred to this legislation, saying it is “only merely a rebranding of the same damaging practice”, now called structured intervention unit. She said that this bill “also virtually eliminates existing, already inadequate limitations on its use”, it “maintains the status quo regarding a lack of effective external oversight of correctional decision making”, it does nothing to deal with what Justice Louise Arbour concluded when she studied the prison for women in Kingston and she acknowledges, as the courts have, that the way segregation or solitary confinement is applied is disproportionately affecting “indigenous and racialized prisoners and those with mental health issues”.

This bill needs improvements on the checking of the discretion that is available to officials by way of appeals. The involvement of counsel on disciplinary hearings is a step forward, but there is so much that needs to be done to address the horrific practices that have been castigated by our courts in thoughtful decisions. This bill does not go far enough to address their disturbing conclusions.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 12:35 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. The key point in this legislation relates to Correctional Service Canada's policies, especially the practice of administrative segregation.

I should point out at the beginning that the bill would do four key things. One, it proposes to eliminate segregation, based on recent court decisions, and it introduces more effective structured intervention units. Two, it would better support victims during Parole Board hearings by, as my previous colleague mentioned, providing audio recordings of those hearings. Three, it would increase staff and inmate safety with new body scanner technology. Four, it would update Correctional Service Canada's approach on critical matters like mental health supports and indigenous offenders' needs. There are fairly extensive policies in this bill on both those latter points: mental health and indigenous offenders' needs.

There has been much criticism of the policy on administrative segregation within the Correctional Service of Canada, and rightly so. I have listened to the debate on the other side, and some have said it is a necessary tool. I do not necessarily agree with that, but something certainly has to be done. In the previous Parliament, I was a critic for public safety and at one time served as solicitor general and was in charge of the Correctional Service of Canada, so I have read a lot of the criticism related to administrative segregation. We have to understand in this place that administrative segregation was there for very legitimate reasons: to protect the inmates themselves from the general population if they were causing trouble; to protect others in the general population from things that those people put in administrative segregation might otherwise have done; and to protect correctional officers from possible harm by moving these inmates to segregation. I understand those key points.

I do not know if many people in this place have seen those segregation units in many of our federal penitentiaries and prisons. I have, and it would not be a great place to spend days on end without mental health services. In fact, as my colleague from Central Nova mentioned earlier, we have to understand that our correctional system in this country is not just about throwing somebody in a cell and throwing away the key. Our system is based on the premise of rehabilitation, and that is the ultimate objective. Yes, there have to be penalties, and severe penalties, for crimes done and, yes, some people stay in the system their whole life after they have committed a crime. However, we must keep in mind that many people, the great majority we hope, will come out and be productive citizens in society. That is what we have to attempt to do.

Therefore, what this particular bill proposes is basically to try to put a new system in place, called a “structured intervention unit”, where people who have to be separated from the mainstream inmate population, generally for reasons of safety, will be assigned to a secure intervention unit but not in the same style as in the past.

In addition to being assigned to that secure intervention unit, or cell, Correctional Service Canada would be mandated to provide them with rehabilitative programming, mental health care, and other interventions and services that respond to the inmate's specific needs. That especially relates to those with mental health problems, for whatever reason, and especially applies to the indigenous population, which has different customs and patterns. I have heard a lot of talk in this place about healing centres. The fact of the matter is they work, and we need to keep that in mind too.

Beyond meeting those specific needs of an inmate, keep in mind that we want to protect the individual, the rest of the prison population and the corrections officers working in the system. Under this approach, it would be done in a different way from what is currently in place, as we would address the mental health care needs of inmates and could intervene with other services where appropriate.

Beyond all of that, there are a number of reviews that have to take place. I have talked to a lot of corrections officers, and I can understand that when an inmate challenges them within the prison system, it is really hard not lose one's temper and to want to be vindictive. This is supposed to work at preventing that from happening as well. However, for the inmate, there are several reviews that would take place. There would be a review by the warden within five days, and there a couple of other reviews in place as well.

This bill tries to move away from a system that we know has been challenged in the courts. Yes, we have appealed the decision in question, because we want to keep all options open. It is a system that has been strongly criticized by the correctional investigator, and this bill tries to come up with a better system that would work. In part, that is what this bill is about.

In closing, as my colleague mentioned earlier, there is a real attempt to provide better services to victims in this bill. For example, the recordings of the Parole Board hearings would be provided so they could be reviewed in a quieter place at another time to see what was said. This legislation would add a guiding principle to the law to affirm the need for Correctional Service Canada to consider systematic and background factors unique to indigenous offenders in all the decision-making done within the system.

This bill does not change the world. Keep in mind that we have a system of penalties in this country that, overall, is designed to try to make individuals who have committed a crime, for whatever reason, better citizens when they come out of prison, not better criminals. Our objective is to make them better citizens so they can contribute to their family, their own life's work and to the Canadian economy. This bill does not change the world, but it is a fairly major step forward in how we would handle inmates, how we would work with them within the prison system and how we would try to give victims better services. At the end of the day, this is a bill that members should support.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 12:35 p.m.


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Liberal

Sean Fraser Liberal Central Nova, NS

Mr. Speaker, I think most people across Canada understand that indigenous Canadians are incarcerated at a disproportionally high rate compared with the general population. There are a number of reasons this might be the case, but we know from the court's Gladue decision in 1999 that there are certain factors we have to consider to determine whether there are alternatives to incarceration that would leave an indigenous offender better off not only for themselves but also in terms of how they would pose a reduced danger to the community. This decision enshrined into law a principle that has been used subsequently that requires CSC to consider the historical and cultural factors that may be involved with an offender's life circumstances that led them to commit an offence, although there has to be individual responsibility as well, recognizing that their treatment inside the prison system may actually be detrimental to society on the back-end if they are released.

Bill C-83 requires us to consider similar principles that were outlined in the Gladue decision to ensure that we are giving a person the tools they need to be successfully reintegrated into the community on the back-end of their sentence.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 12:20 p.m.


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Central Nova Nova Scotia

Liberal

Sean Fraser LiberalParliamentary Secretary to the Minister of Environment and Climate Change

Mr. Speaker, it is my honour and privilege to rise today to speak to Bill C-83. This bill would do a number of things. At its core, what it seeks to do is abolish the use of administrative segregation in Canada and replace it with structured intervention units. However, it would do more than that.

The bill would also make a serious change in the way we deal with the right of victims to obtain audio recordings of parole hearings. It would take certain steps to consider, in particular, the unique circumstances that pertain to indigenous inmates. It would include serious changes to the way we deal with patient care in the inmate population. As well, it would introduce certain changes to the use of body scanners in institutions run by the Correctional Service Canada.

This bill is ultimately about enhancing our justice system to make sure that our system holds guilty parties to account and that it respects the ability of victims to obtain information about offenders who may be released into society.

Importantly, it would also deal with certain measures that would help make our communities safer by ensuring that during a period of incarceration, individuals would have access to services that would actually help them reintegrate more effectively into society on the back end. This is not about being soft on crime. This is about being smart on crime to ensure that in the long term, Canadian communities are safer on the whole.

What have perhaps been the most controversial pieces in this legislation are the changes to administrative segregation in Canada contained within Bill C-83.

Administrative segregation, in common parlance, can be roughly equated to solitary confinement. Today, for a lot of good reasons, the good public servants who work on behalf of Correctional Service Canada want to maintain institutional safety. When they are dealing with particularly difficult inmates who might pose a threat of violence to either the staff who work at CSC or the inmate population, the practice has been to segregate them entirely from the prison population. They essentially confine them as individuals, separate from meaningful human contact and separate from different services.

While this may address the short-term problem of preventing harm to the prison population and to the staff who work at Correctional Service Canada, there is a greater social problem it also contributes to. The inmates who have been subjected to solitary confinement or administrative segregation are subjected to treatment that leaves them worse off and puts them in a position where they are more likely to reoffend upon their release into the community, which is not something we want. We aim to reduce recidivism to ensure that our communities are safer when inmates are inevitably released back into society.

We all know that there are certain incredibly heinous crimes that will result in people potentially being in the custody of Correctional Service Canada for their entire lives, but there are many circumstances, in fact the vast majority of circumstances, in which a person who commits a crime is eventually going to be released back into society. We have to make sure that we are not putting our communities in danger by denying services to those people who are incarcerated that would help them become whole and become functioning members of society upon their release.

Most members of this House would be familiar with the details of the Ashley Smith case. To me, it illustrated, tragically, the problems that exist within our current system. We have young people who may be suffering from certain mental illnesses who, to solve a short-term problem, are completely separated from meaningful human contact. They are separated from the population in which they live while incarcerated. The damage this can cause to a person who is living with mental illness can cause them to harm themselves, and potentially, in the long term, to harm others upon their release.

In light of this case and others, the need to take action is apparent. In fact, the need to take action is frankly not a choice. We have now had two cases, at least, that I am aware of, one in Ontario and one in British Columbia, that have indicated that the practice of administrative segregation, at least going beyond a certain period of time, is unconstitutional. It violates the Canadian Charter of Rights and Freedoms. As such, it is a responsibility of Parliament to enact a new regime that is in compliance with our charter. If we cannot respect the values that are enshrined in our charter, then we are not worth much in this House.

I would suggest that the measures implemented in Bill C-83 would strike a balance that would allow Correctional Service Canada to maintain order within an institution and maintain the safety of the prison population. Introducing structured intervention units would help ensure that the person who was causing a problem for the prison population and the staff at CSC could maintain some sort of meaningful human contact and be provided with the services that would help communities be safer in the long term. At the same time, these would maintain order within our institutions.

In particular, I want to point to the fact that inmates in the structured intervention units would have a minimum of four hours out of their cells daily, including at least two hours of meaningful human contact with staff. This is not a lot of time, but it could make a difference to a person who had actually pulled away from society and had been denied meaningful human contact, particularly those in incarceration who were living with mental illness. It would allow them to become better off in the long term and would reduce the threat posed to society, which is what this bill is really all about.

Currently, there is a very limited amount of time a person who is subjected to solitary confinement is allowed out of a cell to have any kind of contact with anyone within the greater population. The harm that impacts the individual also has long-term consequences for our communities and needs to be addressed.

In light of the court cases I have mentioned previously, we have to take some kind of meaningful action to allow us to maintain order in our institutions and do better in protecting our communities.

This bill would not just deal with the issue of administrative segregation. In particular, we would make a change in the way victims were able to access information about parole hearings when they were threatened with the circumstance that an individual who had committed a crime against them was up for parole. Currently, if victims do not attend a parole hearing in person, they are not entitled to the recordings that are part and parcel of those hearings. Members can imagine the trauma victims might go through if they had to see in person the hearing for an individual who had committed a crime against them or a family member. To force them to go through that experience, when they may not be mentally prepared, seems like a step too far, in my opinion. I think the sensible thing to do, which is embedded in Bill C-83, is to allow recordings to be given to the victims of crime, whether or not their personal circumstances allow them to attend in person. I think this would be an important change.

Bill C-83 would also embed the principles from the Gladue decision in the legislation, which require the Crown to take into account the unique circumstances of an indigenous person's background when making decisions of this nature.

When it comes to health care, there is an important change built into Bill C-83 that would ensure that there were new patient advocates. They would have the opportunity to work with CSC to ensure that order could be maintained in institutions while they also, for inmates who had certain health care concerns, ensured that those concerns were met.

Again, this is not about doing favours for people who have committed crimes against other individuals or communities. This is about protecting Canadians in the long term by ensuring that our communities are made more secure. If we deny basic mental health care to people who are separated from society not only because they are in prison but because they are completely segregated and left on their own, the damage they may cause to our communities in the long term, upon release, when their sentences come to an end, is something incredibly important that we need to address.

The final element I would like to turn our attention to today is the use of body scanners. This is similar to the technology we pass through when we go to an airport to come to Ottawa every week to advocate on behalf of our constituents.

The introduction of contraband drugs, weapons and the like into prison communities can be a very serious problem. The use of body scanners, which I understand certain members on different sides of the aisles may actually support, would be an important step, because it would not be invasive but would still protect prison populations.

The suite of changes included in Bill C-83 are important ones. In conclusion, I would like to reiterate the essential point that changes to the administrative segregation regime that exists in Canada today are coming with or without Parliament's action, because a court has deemed them unconstitutional. We need to take steps that not only protect the rights of the individuals who are incarcerated but respect the rights of victims, keep our communities safe, and in the long term, ensure that people who are released from prisons into our society do not cause greater harm to our communities than they already have.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 12:05 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, we rise in the House today to debate Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

This is a very serious matter that requires appropriate analysis and study. Above all, we must not move too quickly on this bill. Unfortunately, just a few moments ago, the government forced a vote that will minimize the time spent debating this bill. Canadians run the risk of being on the losing end.

The bill deals with what happens inside our penitentiaries. To put it bluntly, we want to know what happens in these segregation units that the inmates call “the hole”, where people are isolated from other inmates.

Let us co-operate and try to see the positive elements of the bill. We are delighted to see that one measure included in the bill is the body scanning of inmates, which is a very good thing.

Unfortunately, even though, in theory, nothing should enter Canadian detention centres or prisons without authorization, this is not always the case. The Canadians working in our detention centres or correctional institutions must have the necessary tools to keep themselves safe and to make life better within these institutions.

We think that body scanners are a good idea, but that is the only positive in this bill.

With Bill C-83, the government wants to change administrative segregation into structured intervention units.

I remind members that inmates in prison or, for example, at the Donnacona institution in the riding of Portneuf—Jacques-Cartier, are sadly not society's finest. These are the most hardened criminals. They are murderers. I could list off all of the people in this prison, the crimes they committed and the reasons they were arrested and found guilty, but that would be infinitely sad. These people are serving their sentence in prison.

Everyone knows those inmates are not exactly nice guys. Severe disciplinary measures are sometimes called for. People with experience in corrections say that the administrative segregation unit serves not only to isolate criminals who may be a danger to other inmates, but also to protect individuals from other inmates. I will come back to that later.

The impression we get is that the government is in a hurry to take action. As the public safety critic, the member for Charlesbourg—Haute-Saint-Charles, said, there is a disconnect in the government's approach.

A little while ago, the Ontario Superior Court of Justice issued a very clear ruling with respect to administrative segregation. The court questioned the legality of indefinite administrative segregation as a severe detention measure.

The Liberal government decided to appeal the ruling. How interesting, as the member for Charlesbourg—Haute-Saint-Charles astutely pointed out, that the government would appeal the ruling then turn around and introduce a bill having to do with none other than the matter raised by the Ontario Superior Court of Justice.

Beyond these philosophical considerations, we are also concerned with the fact that the government has no plan to pay for these measures. We have no idea where the measures proposed in the bill are heading.

Stating the goal and backing it up with dollars to make those changes happen is pretty basic, but the government has done neither.

The proposed changes would allow people in administrative segregation to leave their cells for four hours a day to spend time with their fellow inmates.

I do not want to scare anyone, but the staff and unions of our detention centres are sounding the alarm about this proposal, which they do not think this is a good idea. Sadly, the government has not listened to them. One of them even said that this Liberal approach to administrative segregation could lead to bloodshed.

I will remind members of a certain cruel and persistent statistic: 100 assaults have occurred in our detention centres over the past 12 months. That is 100 too many, of course, because even one assault is one too many. As I was saying earlier, these are some of the most hardened criminals in the Canadian correctional system, and letting them out to spend four hours with their fellow inmates can create highly undesirable situations.

I want to mention that body scanning, which is one element of this bill that we agree with, is not a bad idea. However, we think it might be worth considering the possibility of extending it to include people visiting inmates at a detention centre.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / noon


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the member just made reference to the importance of the bill getting to committee for the purpose of consultation. Where was the government up until now? Should there not have been consultation in drafting the bill in the first place instead of drafting a ramshackle bill that will be criticized at committee and will require amendment at committee?

The Union of Canadian Correctional Officers on one key aspect of the bill, which is to eliminate segregation in all circumstances, stated, “the new Bill C-83 must not sacrifice disciplinary segregation as a tool to deter violent behaviour.”

Why would the government not have consulted the Union of Canadian Correctional Officers before it introduced Bill C-83? Why is the government waiting for it to get to committee to hear from the union?

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 11:50 a.m.


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Liberal

Nick Whalen Liberal St. John's East, NL

Mr. Speaker, while Bill C-83 proposes to amend the Corrections and Conditional Release Act in half a dozen ways, the centrepiece of the legislation is really ending the use of segregation in our penitentiaries and the launching of what would be called “structured intervention units”, or SIUs.

I will get into the details of what SIUs are in a bit, but first I recognize that many stakeholder groups have spent years advocating for a limit to the length of time in administrative segregation.

The correctional investigator has recommended a 30-day cap. The UN Mandela rules call for one at 15 days. We asked ourselves, though, if that did not just leave people without meaningful contact for 15 or 30 days. Did that not just keep people from their needed interventions and training for 15 or 30 days and from the mental health treatment that they might need?

Therefore, what if we were able to create a system where, when people need to be placed in a separate secure facility within the penitentiary, they could continue to have access to all those things? What if we could ensure the safety of inmates, correctional staff and the security of facilities without having to segregate inmates from all those important points of contact and their treatment regimes? What if there were zero days without meaningful human contact in our penitentiaries?

That is what is at the heart of Bill C-83. It is legislation that balances the need for security in our penitentiaries with the need to ensure that we end segregation and create a system that is better able to rehabilitate inmates.

Inside an SIU, inmates will have double the time outside of their cells compared to the current administrative segregation regime. However, it is not unsupervised, as was suggested previously by the member for Lethbridge.

Correctional Service will be provided with funding to staff up on guards to help ensure the safe and secure movement of the inmates inside the SIUs, whether that is to a classroom-type setting, or to attend part of their programming or to interact with another compatible inmate. In short, this is a complete revamping of Correctional Service in a way that will be better for staff, better for inmates and ultimately better for society.

The reason this is so important is that the vast majority of federal inmates will eventually be released into our communities. It is safer for our communities when those offenders with mental health issues have been treated and diagnosed properly. It is safer for our communities when they have successfully undergone Correctional Service rehabilitation programming and had the training they need to help find employment when they finish their sentence, so they can support themselves and are less likely to reoffend.

I have seen some commentary that while this legislation looks promising, there is some skepticism about its implementation. I can assure the House that we intend to ensure the implementation fulfills the promise of the legislation, with all the resources required to make this work. I even asked the minister earlier in the debate about that fact.

Let us be clear that the status quo may not be an option any longer. Courts in both Ontario and British Columbia have struck down large portions of the Correctional and Conditional Release Act that legally allow for an inmate to be placed in administrative segregation. While both of those cases are being appealed, one by the appellant and one by the government, come December and January, administrative segregation may not exist as an option in those provinces. Without a system to replace it, that will be a dangerous situation for Correctional Service staff and it will also be dangerous for offenders. As well, effective rehabilitation cannot happen in a dangerous environment, so it will be dangerous for all of us.

Now let me turn to some of the other parts of Bill C-83. We have heard from victims that Parole Board hearings are often such a highly emotional blur that once they are finished, they are often unable to remember many of the important details of what went on. The proposed legislation will allow victims who have attended a Parole Board hearing to receive an audio copy of the hearing. Currently, registered victims who are unable to attend can request and receive such a copy. However, if the individual was there in person, the legislation does not allow for that. That simply is not right, which is why Bill C-83 would amend the law to ensure that all registered victims, whether they attend a parole hearing or not, would be able to receive that audio copy.

The proposed bill will also allow for Correctional Service to acquire and use body scanners on those entering the prisons. From drugs to cellphones, the phenomenon of contraband inside prison systems is a problem worldwide. New technologies now allow for better and easier searches of those entering correctional facilities, which are less invasive than traditional methods such as strip searches.

I am sure we all remember the tragic death of Ashley Smith who took her own life while under suicide watch in 2007. Her death, and the subsequent coroner's inquest, was a wake-up call that tremendous improvements were needed in our women's correctional facilities. Bill C-83 would deliver on one of the most important recommendations from that inquest.

The legislation would require Correctional Service to provide patient advocacy services to inmates to help them better understand their health care rights and responsibilities. It would also create a statutory obligation for Correctional Service to support health care professionals in maintaining their professional autonomy and clinical independence, a founding principle of the medical profession.

The bill would also enshrine in law the principles of the landmark 1999 Gladue Supreme Court decision that would ensure, from intake, that indigenous offenders' programming and treatment incorporates the systemic and background factors unique to indigenous offenders.

Ultimately, all of this will advance the cause of public safety in all of our communities.

When our corrections system works effectively to rehabilitate offenders within a secure custodial environment, we all benefit.

I am proud of Bill C-83, and I encourage all members to vote in support of it.

Since I have a few more moments left, I will talk a bit about Newfoundland and Labrador.

Newfoundland and Labrador's primary penitentiary is not a federal facility, so it will not be governed under the rules of the proposed legislation. However, we can see from media reports and in the damning history of Her Majesty's Royal Penitentiary in St. John's what can happen in penitentiaries where the right supports and services are not put in place to protect both inmates and the people who work in the prisons.

PTSD is a huge problem for people who work in the correctional system, as well as for people incarcerated in these facilities. We need to find a better way to manage inmates through their periods of trouble while they are incarcerated so they can continue to receive the supports they need.

Once the federal government's new higher standard can be met federally, that will put additional pressure on provinces, where people are serving two years or less, to have similar supports and standards in place, so the system is better able to manage not only the distress being caused to other inmates in the facility by the person who is going into the SIU, but also to provide additional funding and support for additional Correctional Service staff to maintain and manage the supervision of those inmates. That is key.

We have seen throughout our first three years in office that many of the proposed changes that were brought in by the previous government, whether it be Phoenix, or in IT transportation or in Correctional Service, that unless we fund the transition, unless we fund the additional requirements of legislation, we are doomed to fail.

The minister mentioned that $80 million would be available for additional mental health supports within prisons over the next two budgets. That is extremely important. Funding will be available for additional corrections staff and for the very body scanner technology that will help reduce, if not eliminate, the problem of contraband in our prisons, which is so pervasive.

We have heard a lot in the debate by opposition members today about their concern that we are not giving sufficient time to debate this topic. However, it seems to me that many of the points that have been circulating in the room today are starting to retread similar ground. We have not heard a lot of new arguments even in the short amount of debate that we have had.

It will be great to see the legislation go to committee, where any of the legitimate concerns that were raised by the opposition regarding sufficient feedback from stakeholder groups can be addressed and their comments can be incorporated. If there are constructive ways in which the legislation can be amended, committee is the best place to do it.

In light of the fact that December and January present real significant deadlines for ensuring there is a replacement in place to administrative segregation in our prisons, it is important that we get the legislation finalized and passed through the House and the Senate in order to avoid a type of Doomsday scenario that could arise without the ability to properly manage and maintain security in prisons in British Columbia and Ontario in the next year.

For all of these reasons, I encourage all members of the House to vote in favour of sending the legislation to committee.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 11:40 a.m.


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Saint Boniface—Saint Vital Manitoba

Liberal

Dan Vandal LiberalParliamentary Secretary to the Minister of Indigenous Services

Mr. Speaker, it is a great honour to rise on behalf of the citizens I represent in Saint Boniface—Saint Vital.

I am very pleased to rise in the House to support the government's legislation, Bill C-83, which revolutionizes our correctional services.

As the Minister of Public Safety said, the government is recognizing two things. The first is that institutional security is an absolute imperative that the Correctional Service of Canada must always meet. Second, it recognizes that the safety of Canadian communities depends on the rehabilitative work that happens within secure correctional institutions.

Safety is indeed at the heart of this legislation. We know that some inmates are simply too dangerous or too destructive to be managed within the mainstream inmate population. Our correctional officials must therefore have a way to separate them from fellow inmates.

The current practice is to place those inmates into segregation or, as our American friends call it, solitary confinement. However, two court rulings have found that practice unconstitutional. Those rulings are being appealed, one by the government and one by the other party, but the facts remain that they are scheduled to take effect in the coming months.

As a Parliament, we have a responsibility to ensure that the correctional service has the legal authorities it needs to keep its staff, as well as the people in their custody, safe in a way that adheres to our Constitution. We can do that by adopting this bill, which proposes to eliminate segregation from federal institutions and replace it with a safe but fundamentally different approach.

Under Bill C-83, structured intervention units, SIUs, would be created at institutions across the country. These units would allow offenders to be separated from the mainstream inmate population when and if required, but they would also preserve offenders' access to rehabilitation programming, interventions and mental health care.

Inmates in an SIU would receive structured interventions and programming tailored to address their specific risks, as well as their specific needs. They would be outside their cell for at least four hours a day, which is double the number of hours under the current system. Four hours is an absolute minimum. I need to stress that it is a minimum. It could be more.

The inmates would also get at least two hours of meaningful human interaction with other people each day, including staff, volunteers, elders, chaplains, visitors and other compatible inmates. This is something that hardly exists under the current system. A registered health care professional would visit them at least once a day.

In other words, this bill introduces a new and more effective approach to managing the most challenging cases in our federal correctional system. It would promote not only the safety of correctional institutions, but also the safety of Canadian communities all across our country.

I would remind members that nearly all federal inmates will one day finish serving their sentence and be released. Accordingly, providing them with the opportunity to continue their treatment and rehabilitative work will increase their chances of successfully reintegrating the general prison population and, eventually, society.

Reducing the risk of recidivism will better protect Canadians and all communities, from our biggest cities to our smallest towns.

Other important measures in this bill complement the proposed creation of SIUs. For example, the bill would enshrine in law the correctional services obligations to consider systemic and background factors when making decisions related to indigenous offenders. This flows from the Supreme Court's Gladue decision in 1999. It is something that has been part of correctional policy for many years, but we are now giving this principle the full force of law.

This is part of achieving the mandate commitments the Prime Minister gave the Minister of Justice and the Minister of Public Safety to address gaps in service to indigenous people throughout the criminal justice system. The two ministers have likewise been mandated to address gaps in services to people with mental illness in the criminal justice system.

As I noted earlier, inmates with an SIU would receive daily visits from a health care professional. More than that, the proposed reforms in Bill C-83 would require the correctional service to support the autonomy and clinical independence of health care professionals working in correctional facilities.

The proposed legislation would also allow for patient advocacy services to help people in federal custody understand their health care rights and to ensure they receive the medical care they need. This was recommended by the coroner's inquest into the death of Ashley Smith.

There is also an important measure in this bill to better support victims of crime. Currently, victims are entitled to receive audio recordings of parole hearings but only if they do not attend. If they show up, they are not allowed to receive a recording. That does not make sense. Victims advocacy groups have said that attending a hearing is sometimes so emotionally difficult that victims simply cannot always remember what was said, which is entirely understandable. Under Bill C-83, victims would have the right to a recording of a hearing, whether they were present or not. They would then be able to listen to it again, later on in a more comfortable setting whenever it is convenient for them.

The first priority of any government should be protecting its citizens. When someone breaks the law, there are consequences. In the interest of public safety, we need to have a correctional system capable of addressing the factors that lead to criminal activity, so that offenders become less likely to reoffend and create more victims.

A proper, effective correctional system holds offenders to account for the wrongs they have done, but it also fosters an environment that promotes rehabilitation. Canada's correctional system already does an excellent job of providing rehabilitation and reintegration support for inmates under very challenging circumstances. However, Bill C-83 would strengthen that system, and public safety would be improved with safer institutions for staff and inmates, fewer repeat offenders, and fewer victims in the long run.

For all of these reasons, I fully support this important and transformative piece of proposed legislation, and I invite all honourable members to do the same.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 11:35 a.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I would reiterate that both the British Columbia and Ontario decisions made no such determination of banning segregation in all circumstances, as Bill C-83 provides for. In the Ontario court decision, the heart of the decision related to the independent review process. As opposed to fixing the independent review process, the government instead has decided to eliminate a tool that is necessary to keep our institutions safe.

On the issue of whether segregation violated section 12 of the charter or targeted inmates with mental illness disproportionately, so on and so forth, the court ruled against all of those arguments against segregation.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 11:35 a.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, absolutely we on this side are against Bill C-83 and we are going to do everything that we can to defeat it, a bill that the Union of Canadian Correctional Officers said is problematic. It raises the question of whose side the Liberals are on. Are they on the side of criminals or are they on the side of the men and women who work in correctional institutions?

I know which side Conservatives are on. We are on the side of the men and women who work in our correctional institutions. Their union has spoken out against problematic aspects of this bill. We are absolutely against taking a tool away from them to protect other inmates, to protect the integrity of criminal investigations and to protect inmates from themselves.

Corrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 11:30 a.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I rise to continue discussing Bill C-83, an act to amend the Corrections and Conditional Release Act. When I last spoke on Friday, I referred to the fact that the government's justification for rushing the bill forward is that the courts made them do it, that the courts made them ban both segregation for administrative and disciplinary purposes in all circumstances. The problem with that justification is that it is simply not so.

Neither the British Columbia Supreme Court decision nor the Ontario Superior Court decision provide for that. Indeed, in the case of the Ontario Superior Court decision, the primary basis of that decision related to the independence of the review upon the determination made by the institutional head to put an inmate into segregation. The Ontario court determined that the lack of an independent review mechanism contravened fundamental justice under section 7 of the charter. That was the basis of the Ontario decision.

I need not remind the government that aside from these two court decisions, neither the Mandela rules nor the Arbour commission of 1996 called for the elimination of segregation in all circumstances. It is simply the government doing so with this rushed legislation without real, meaningful consultation with the men and women who work in correctional institutions, the most dangerous, difficult and stressful workplace environments. It is really quite unfortunate, but what is worse is that the changes the government is proposing to make will require a lot more resources to handle inmates.

Each time an inmate is removed from their cell to have some time out of it and away from segregation, that requires two guards to accompany them. What the government is proposing is to extend that to four hours. For this to work, it is going to require more resources, and so where are the resources for this from the government? They are nowhere to be found.

Instead of providing our correctional officers with the tools they need to keep our correctional facilities safe, what is the government proposing? It is proposing an 8.8% reduction in Correctional Services Canada's budget. That is what the Liberals are doing. While they are putting a greater burden on correctional officers, taking away vital tools that correctional officers need to keep institutions safe, the government is cutting back at the same time. It speaks to the misplaced priorities of the government and the fact that once again it just cannot get it right.

The House resumed from October 19 consideration of the motion that Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be read the second time and referred to a committee, and of the amendment.

Bill C-83--Time Allocation MotionCorrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 10:20 a.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to tell the government that I am deeply disappointed that it is imposing a time allocation motion on Bill C-83 because this bill was introduced in response to court rulings.

This bill does not call into question administrative segregation by proposing other solutions. All it does is call administrative segregation by a different name and make slight changes to a few measures. I am very concerned because this bill does not seem to respond to the courts' decisions. I would like the House to come up with a solution that truly addresses the courts' decisions so that we do not end up back at square one in a few months when the bill is once again challenged because it did not respond to the court rulings.

Why rush the study of this bill when we know why it was introduced?

Bill C-83--Time Allocation MotionCorrections and Conditional Release ActRoutine Proceedings

October 23rd, 2018 / 10:15 a.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, the minister wants us to send the bill to committee quickly. Naturally, we on the Standing Committee on Public Safety and National Security will study it and propose the necessary amendments, but the majority will probably vote down our amendments.

That is why debates in the House are so crucial. Many opposition members have important speeches to give, because they also have concerns about the correctional system. Yes, there are some important judgments, and certain things need to be taken into consideration in that regard. However, the correctional officers' unions have been largely ignored, although it is vital that they be heard.

My colleague said that he met with union representatives from three correctional institutions in his riding. However, I myself met with people from Donnacona Institution two weeks ago, and they made it clear that the government was not listening to them.

This week, even union president Jason Godin said there would be a blood bath in the penitentiaries if Bill C-83 were passed. Those are his words. This government does not want to listen to what we have to say and just wants to rush things through. Many concerns remained unaddressed and the answers we have been given so far are incomprehensible.

I would like the minister to tell us why he does not want to listen to what we have to say.

Bill C-83—Notice of time allocation motionCorrections and Conditional Release ActGovernment Orders

October 19th, 2018 / 1:25 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the HouseOral Questions

October 18th, 2018 / 3 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, we will resume second reading debate of Bill C-83, on administrative segregation. This debate will continue tomorrow.

Next Monday, October 22, shall be an allotted day. Also, priority will be given to report stage and third reading debate of Bill C-76, the elections modernization act, as soon as it is reported back to the House.

Finally, I would like to remind everybody that next Thursday, pursuant to the order made earlier this week, the House will have Wednesday sitting hours to allow for the address in the House at 10:30 a.m. by the Prime Minister of the Netherlands.