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

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

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Corrections and Conditional Release Act to, among other things,
(a) eliminate the use of administrative segregation and disciplinary segregation;
(b) authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons;
(c) provide less invasive alternatives to physical body cavity searches;
(d) affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals;
(e) provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services;
(f) provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and
(g) improve victims’ access to audio recordings of parole hearings.
This enactment also amends the English version of a provision of the Criminal Records Act.

Elsewhere

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

Votes

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

November 6th, 2018 / 3:40 p.m.
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Liberal

The Chair Liberal John McKay

Thank you, Minister Goodale.

Before I call on colleagues for questions, I just note that we are studying Bill C-83. Occasionally, when colleagues have a minister present, they seem to have an enthusiasm for questions that are possibly of limited relevance to the actual study. I just suggest that the chair be humoured by some tie-in to the actual bill itself, Bill C-83.

With that, we have Monsieur Picard.

November 6th, 2018 / 3:30 p.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Thank you very much, Mr. Chairman and members of the committee.

It's nice to be back with you once again dealing with another piece of very important legislation concerning the security and the public safety of Canadians. That is Bill C-83, which is legislation that would amend the Corrections and Conditional Release Act and another act.

I am pleased to be joined here today with representatives of the Correctional Service of Canada. The commissioner of the service, Anne Kelly, is to my left. Fraser Macaulay is the acting senior deputy commissioner. Jennifer Wheatley is the assistant commissioner for health services.

To my right, from the Department of Public Safety is Angela Connidis, the director general of crime prevention of the corrections and criminal justice directorate.

In every aspect of corrections, our priority is always the safety of staff, inmates and the public. The best way to ensure that is to support safe, effective rehabilitation.

Institutional safety and staff safety above all is a prerequisite for all the rehabilitative work that happens in the federal corrections system. For safety reasons, sometimes certain inmates need to be separated from the general population.

Currently, the tool for doing that is administrative segregation, which involves keeping someone in their cell for as many as 22 hours a day, with very little in the way of rehabilitative programming, interventions or meaningful human contact.

However, in the last year, two court cases—one in Ontario and the other in British Columbia—have found in different ways and for different reasons that segregation is unconstitutional, as currently practised. Those decisions are currently being appealed. One is being appealed by the government, while the other is being appealed by the other party.

As things stand, those rulings will take effect in the coming months. In fact, with one of them in December and another one in January, we need to be prepared for those legal inevitabilities.

Bill C-83 proposes to eliminate segregation altogether and establish structured intervention units, or SIUs, as an alternative. These units will be separate from the general population, so that the safety imperative in our institutions will be met, but the SIUs will be designed and they will be resourced to ensure the people who are placed there receive the interventions, the programming and the treatment that they require.

There will be a minimum of four hours daily out of the cell and a minimum of two hours daily of meaningful interaction with other people, including the staff, volunteers, elders, chaplains, visitors and other compatible inmates. There will also be a particular focus on mental health care, with new mental health professionals hired and assigned to the SIUs.

The idea is to ensure that people can be separated from the general inmate population, when that is necessary for important safety reasons, but only for as long as necessary and without sacrificing the access to rehabilitative programs, mental health care and other interventions that help reduce the risk that offenders pose, both while they are incarcerated and upon release.

There were a number of issues raised by various members about this part of the bill, during second reading debate in the House, and I will try to address as many of them as I can.

First, the question of staff safety was brought up several times, so again, I will underscore that the safety of correctional personnel is absolutely priority number one. Employees, including correctional officers, parole officers, program staff, health care providers and others, do a very important, difficult job in challenging circumstances. But only when they are safe is it possible for the correctional service to achieve its mandate, which is carrying out sentences and rehabilitating offenders.

Under this legislation, Bill C-83, institutions will retain the ability to separate offenders who pose a safety risk from the general population, and within SIUs incompatible inmates will never be mixed together. In other words, the new system will not increase the safety risk to correctional staff in any way.

Questions were also asked during the debate about why the bill doesn't include an external oversight mechanism and a cap on the number of days an offender can spend in an SIU.

The fact is that these were measures proposed as a way of guarding against the overuse of administrative segregation, because that system has been criticized as having harmful effects on inmates' mental health.

The point is this. We are getting rid of administrative segregation. The arguments pertaining to administrative segregation are thus no longer relevant. Structured intervention units will, compared with the previous system, have mental health care at their core, along with other interventions, programs and meaningful human contact. They are therefore qualitatively different from segregation.

Nevertheless, there is a robust system of review built into this legislation. The law is clear that placement in an SIU may only last as long as absolutely necessary, and the warden will review an SIU placement within five days to ensure that the necessity remains the case. If a person is still there after another 30 days, the warden will conduct another review. The commissioner will conduct her own reviews every 30 days thereafter. Additionally—and this is an important point—a health care professional can recommend removal from the SIU at any time.

Having said that, we of course understand the important need for accountability. To ensure that the new system is implemented as intended is our goal. To that end, once SIUs are up and running, the correctional service will publish statistics on a quarterly basis so that Canadians can see exactly how many people have been in SIUs and for how long. The commissioner will notify the correctional investigator whenever someone hits the 30-day mark and every 30 days after that. Community partners, such as the John Howard Society, the Elizabeth Fry Society, St. Leonard's Society of Canada and others, will be welcomed into the SIUs to see how they are functioning and to provide important feedback. That feedback and transparency are an important part of the way we want to make this system work.

Finally, speaking of making it work, we know that the new system will require new resources. Providing interventions, programs and treatments to offenders outside of the general population is a labour-intensive proposition. We understand that and we will be providing the resources necessary for it to happen effectively and safely.

Safety is the bottom line. The legislation prioritizes the safety of correctional employees and of the people in their custody. In fact, by enhancing the interventions and treatment provided to inmates who pose a particular risk, the new SIU system will help lower that risk and make the institutions safer. Ultimately, when their sentences are over, offenders are more likely to return safely to our communities if they have received effective rehabilitative programming, interventions and treatment.

I've only dealt with one aspect of the bill, that dealing with the SIUs, which is the largest aspect of the bill. There are several other components to this legislation. I would be happy to answer questions about those other components.

I would just make the point that they are all in aid of the same objective, to run a system that is safe and secure, and to run a system that is ultimately successful in rehabilitation so that in the future we will have fewer offenders, fewer victims and safer communities.

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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Kevin Lamoureux Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.

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 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 enure 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 ActGovernment Orders

October 23rd, 2018 / 5:35 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.

As we know, Bill C-83 proposes to implement a new correctional intervention model to eliminate segregation, strengthen health care governance, better support victims in the criminal justice system, and consider the specific needs of indigenous offenders.

The purpose of prisons, though, is clear. We have prisons so that we can protect society from those who, as a consequence of various criminally repugnant acts they have committed, have proven to be too great a risk to the broader safety of others. I believe there are cases where criminals can be reformed. We have programs. We provide opportunities for those deemed to pose a reduced security risk to reintegrate into society and become fully functional and productive members of our community.

In general, Canadians believe this and we would not want it any other way. However, there are those in our society who cannot be reformed and have committed acts so heinous that we never want them to be free to walk among our families and friends, in our towns and cities, ever again.

I am not just thinking of murderers and those who commit assault, like Olson, Bernardo, Homolka, Magnotta, and McClintic. I am also thinking of those individuals whose names will not make headlines across the country, the nameless violent criminals who beat, and steal without remorse from, the most vulnerable in our society.

Prisons are their own societal microcosm. We expect that prisoners will follow the rules of the institutions, that they will behave and participate in programs to improve their situation, as I said earlier, in the hope they can reintegrate back into their communities.

This speech is not about the goals of sentencing or to debate the merits of different forms of punishment. It is about protecting society in general, victims in particular, and protecting society from those who are most dangerous.

It is no wonder that there is violence in prisons. It does not take an academic to explain why, when criminals are placed in a community together, there is a high incidence of crime. Some might say, who cares, that they get what they deserve? However, that is not the consensus within our society.

Our correctional facilities are not designed to put prisoners in harm's way. They are designed to protect prisoners from each other, and to protect the men and women in the correctional services.

Bill C-83 proposes to change that by removing an important tool in our correctional services staff tool box to protect prisoners and themselves from violence. Indeed, the argument about prison safety often focuses on the most violent prisoners harming other prisoners, or on protecting the most evil, those who have committed such heinous acts, from retribution.

We often feel and sometimes forget those who are on the front lines in our institutions who deal directly with these acts of violence, who put themselves in danger to protect prisoners from each other. Eliminating the ability of corrections officers to segregate prisoners from each other will not only put prisoners at serious risk, it will also further endanger our correctional officers. That is unacceptable.

Jason Godin, the national president of the Union of Canadian Correctional Officers has told the Vancouver Sun that attacks on officers and inmates have increased as the use of segregation has decreased. If Bill C-83 passes, he predicts that “The bloodbath will start.” While I do not understand the minutia of administering a prison, Godin does as the president of the Union of Canadian Correctional Officers. He is not speaking haphazardly or without merit.

Bill C-83 calls for more meaningful, human contact. Human contact is important, but not when it is at the end of a fist or a broom handle. Across Canada the number of assaults on staff is projected to rise 32% this fiscal year compared with last year, coinciding with the projected 15% decrease in segregation bed use during that same time.

Solitary confinement is a common and legitimate safety measure that many western countries use to protect correctional staff from dangerous and volatile prisoners. Rather than removing this tool, we should be looking at how to prevent the incidents that cause segregation in the first place. We should ensure that mental health screening is completed, that there is a mental health strategy for prisoners, that psychological counselling is available, and that there are adequate staff on duty to ensure the safety of everyone.

We can reduce the use of segregation by other means without removing the tool of segregation for use when necessary. Rather than prioritizing the rights of Canada's most violent and dangerous criminals, the Liberals should be prioritizing the safety of the general population within our institutions and the officers who run them. Correctional officers are calling for serious consultation and resources to make it work. They are asking the committee not sacrifice this segregation tool as a necessary tool to deter violent behaviour. Correctional Services Canada has already limited the use of segregation. What correctional officers want now are alternatives to segregation to ensure that prisoners understand there are consequences for their bad behaviour.

In the recent ruling, the Ontario Superior Court called into question the legality of indefinite solitary confinement, and the current government has set its sights on appealing that decision. With this I have no issue. However, I wonder why, while appealing this decision, the government is moving forward with Bill C-83. Logically, the introduction of major changes that are at the heart of its appeal make little sense. However, that is not the only thing that does not make much sense.

Under this bill, a maximum-security classification could be assigned to any area of a medium- or minimum-security penitentiary. The facility in question, whether minimum, medium or maximum, is built to protect society from prisoners designated as a minimum-, medium- or maximum-security risks. There are different procedures and expectations in place.

I am getting the signal that there is no more time, which, unfortunately, is a shame because I had a lot more to say.

Corrections and Conditional Release ActGovernment Orders

October 23rd, 2018 / 5:35 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I had the opportunity to serve with my colleague from Oxford on the justice committee. He brings a wealth of experience as a police officer and former chief of police.

One of the things that we know about Bill C-83's allowing an additional two hours for prisoners to be out of their cells is that it will cost a lot more resources for that to work. While the government is moving ahead with its legislation, the Liberals at the same time are proposing an 8.8% reduction in funding for the Correctional Service of Canada. Out of the 22 priorities for the Correctional Service of Canada, not one of those priorities includes the safety of correctional officers. In the face of the government's mixed up priorities, is it any wonder that the Union of Canadian Correctional Officers has criticized Bill C-83?

Corrections and Conditional Release ActGovernment Orders

October 23rd, 2018 / 5:25 p.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Madam Speaker, last week, the Minister of Public Safety and Emergency Preparedness introduced Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. I rise in the House today to address some serious concerns that the Conservatives have with regard to Bill C-83.

This bill seeks to eliminate the use of administrative segregation in correctional facilities and replace it with structured intervention units; to use prescribed body scanners for inmates; to establish parameters for access to health care; and to formalize exceptions for indigenous offenders, women offenders and offenders with diagnosed mental health conditions. While this bill contains some reasonable measures that are worth considering in order to change and improve the overall prison program, we need to examine it closely to ensure we are making the best decisions and changes possible to the prison program.

In recent Supreme Court decisions, the legality of indefinite stays in solitary confinement has been challenged. However, the government is appealing both of those decisions. This legislation applies to transfers, and would allow the commissioner to assign a security classification to each penitentiary or to any area within a penitentiary. In a maximum-security penitentiary, nothing gets in or out without the strictest controls. Maximum security means maximum security. As I understand it, with this new legislation, a maximum-security classification could be assigned to any area of a medium- or minimum-security penitentiary. If that is not the case, we need some clarification. A maximum-security facility has an entire perimeter and security system that is designed to guarantee maximum security. If they were to change a section of a minimum- or medium-security penitentiary, would the security measures also be put into place?

This bill has one very good idea, and that is to use body scanners. However, it should be expanded to include anyone who enters the facility who is not an inmate or an employee. Body-scan searches would make it possible to control at least 95% of the substances that individuals bring into prisons because they show whether there is anything hidden on a person's body. It is no secret that all kinds of things are brought into prisons.

This legislation also proposes to eliminate administrative segregation in corrections facilities and replace it with a newly created structured intervention unit. Solitary confinement is a common and legitimate safety measure that many western countries take to protect guards from dangerous and volatile prisoners. The introduction of structured intervention units may pose a risk to prison guards, other inmates and the inmates in question for whom solitary confinement is used for their own safety.

Another problem with this bill is reflected in the spirit of the law. These are the worst criminals in Canada. They are murderers, rapists, etc., and they are in maximum-security prisons. The intent of these proposed changes is to create a structured intervention unit for these people. They would spend less time in cells and would be put together to interact. The prison environment is a unique environment. It is a closed environment. The officers who work there are at risk every day because they have to deal with the worst thugs and criminals in Canada. Prisoners want to control their environment as much as possible, like anyone else. This is difficult for our officers who work 24-7 to keep prisoners under control and keep the guards and the rest of the prisoners safe. Taking away disciplinary segregation would make prisons less safe and more dangerous for the guards as they would have to deal with the most volatile prisoners being out and about from their cells for four hours a day.

We cannot support Bill C-83 in its present form. There are some things that would work, such as installing scanning equipment; however, we believe that creating structured intervention units would not.

Additionally, it is concerning that the government has not been able to tell Canadians how much the implementation of these measures would cost. Correctional Service Canada has confirmed that it is not able to estimate how much the measures in this bill would cost Canadians. The government seems to believe it is acceptable to table uncosted legislation that would increase the comfort of the most violent prisoners at the expense of the taxpayer.

Let us look back at the McClintic case again. This murderer's transfer from a maximum-security prison to an indigenous healing lodge has had a lot of people concerned, upset and talking. This is someone who should be serving her sentence in a maximum-security prison. In a maximum-security prison, such an offender has her own cell. Those offenders eat, sleep and take classes if they so choose, and they can go back to their cells. They are protected because they are living in a maximum-security environment. However, for reasons still not understood, it was decided to send that person to a place with virtually no security. From what I understand, Bill C-83 would allow McClintic's room in the healing lodge to be designated a maximum-security room. Again, it appears as though it is the Liberal government's priority to put the rights and comforts of violent murderers and rapists ahead of the rights of victims.

If what I understand is true, then Bill C-83 would be dangerous to Canadians' safety. It does not care about what a maximum-security prison sentence means or what keeping Canadians safe means. Instead, it prioritizes the rights of Canada's most violent and dangerous criminals.

Instead of changing the Corrections and Conditional Release Act to make sure that killers like Terri-Lynne McClintic are kept behind bars, the bill defines and softens the law to make prison time easier for criminals.

I think Canadians know that the government is not serious about being tough on crime and it puts Canadians' safety at risk. If this keeps up, things are bound to get worse. The government should be taking rational measures that are consistent with the Charter of Rights and Freedoms.

Prisoners have rights, of course, but it is all in the way things are done. The approach outlined in Bill C-83 is not in line with what the Conservatives consider to be an effective way to manage penitentiaries.

Corrections and Conditional Release ActGovernment Orders

October 23rd, 2018 / 5:20 p.m.
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Liberal

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

Madam Speaker, our government's Bill C-83 will strengthen the federal correctional system, aligning its practices with sound evidence. It will also use the latest best practices to rehabilitate inmates and better prepare them for safe reintegration into our communities. Reintegration into society is important. I talked about that earlier. We need everyone's talents. When people reintegrate into society, everyone wins.