Bill C-83 (Historical)

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

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

Public Safety

[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?

[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?

[Pam Damoff, Liberal, Parliamentary 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.

[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 Rights

[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.

[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—

[Anne Kelly]

We have the resources. Actually, with Bill C-83, we got resources for structured intervention units and also for enhanced health care.

[Anne Kelly]

Yes. Certainly, Larry can speak more to this.

The indigenous correctional programs have been developed with indigenous people. Clearly, with indigenous people we see that there is a lot of trauma as well, so that's included in the program. Too, there are elders who participate in the program to help them so that they can speak about what they've experienced.

In June 2019, Bill C-83, actually considering the indigenous social history, was enshrined in legislation. We've done a ton of training on indigenous social history. What I will admit, though, is that, with regard to how it translates in the recommendations and the decisions, we still have a little bit of work to do. We actually are very good at gathering the information and the indigenous social history, but then, looking at all these factors when we make recommendations and decisions, there is room for improvement.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

I see Ms. Latimer has her hand up.

Just before we go there, I know one of the concerns we heard was that inmates don't necessarily want to leave their SIU. One of the flags I had when we looked at Bill C‑83 was that it indicates a problem that needs to be reviewed, because there's a reason they don't want to leave, whether it's safety or mental health or whatever the reasons are. It doesn't indicate that it's right that they don't want to leave, and it may very well be true, but we need to get to the bottom of the reason.

You've only got about a minute, Catherine.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Thank you, Chair.

To all of our witnesses, thank you for all the work that you do. UCCO and USJE, I would like to thank you for the work you are doing in our institutions. The men and women who work in our prisons do fine work.

However, Mr. Wilkins, I will say that I visited Edmonton max. I had a tour of one of the cells. UCCO was present when I visited. There were no TVs or PlayStations. I was told that they were not even allowed books because of suicide risks. I just want to clarify what I saw at Edmonton max.

I just finished listening to a podcast called Life Jolt , about women at Grand Valley. One of the women who had returned to prison was put in segregation because she was going through drug withdrawal. That's not the right place for people. Now, I will tell you that I worked on Bill C-83. I was actually the one who introduced the amendment for an independent external decision-maker. I was extremely hopeful that things would work, and Dr. Doob and Professor Sprott, thank you for the work you are doing. I do still think we can get there.

My question—I have only four minutes—is actually for the Elizabeth Fry organization.

Emilie, could you give us recommendations concerning sexual violence in the prisons? It's something that you've done a report on. We know that there is a zero tolerance policy at CSC, but it is still happening. Could you perhaps tell us both what we need to do legislatively and also what the commissioner can do without legislation?

Public Safety

[Bill Blair, Liberal, Minister 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 preformed 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.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Thank you for that. That is quite astonishing.

The last part of Bill C-83 was to get rid of solitary confinement and move over to structured intervention units. Was there more than just a change in format? Was there a substantive improvement at all?

[Emilie Coyle]

Now I'll go to my comments on COVID-19.

During COVID-19, there has been less CSC oversight than ever, making prisoners even more vulnerable to abuse. This lack of oversight, we believe, has contributed to unacceptable and unlawful conditions of confinement during COVID-19 that were certainly not contemplated or foreseen by the courts at the time of sentencing of most of the prisoners.

From the very beginning of the pandemic, CAEFS, our organization, joined the calls of prisoners, prisoners' families, prisoner rights groups, academics, politicians, lawyers, health care experts and other NGOs, like the John Howard Society, which I believe you will hear from in the next hour or perhaps next half hour, to depopulate the prisons as quickly as possible. This was following the advice of the World Health Organization and actions taken by other states to keep people in prison safe. These calls were not heeded, and it resulted in prisoners being kept in torturous conditions of confinement and further exposed to the deadly virus.

We have documented conditions of confinement that have been implemented at different times for varying lengths of time throughout the last year and a half, which I can't go into because of time, but I will answer any questions you may have about them.

A commonality in the conditions is this restriction of access to mechanisms that support the well-being of prisoners, their timely release and CSC oversight. We are concerned that the conditions under which people have been held have not been to protect their health but rather for the operational convenience of CSC. All of this could have been prevented if the prisons had taken the calls for depopulation seriously and had taken swift action. CSC's operational restrictions cannot and must not be downloaded to restrict the rights and the well-being of prisoners.

Finally, with regard to the structured intervention units, I will try to be very brief, as you have the experts in the room here today, on the lack of transparency, clarity and reporting. We support all the findings of the reports put out by Dr. Doob and Dr. Sprott.

Since the changes to the CCRA through Bill C-83, we have observed that the unconstitutional practice of segregation, often colloquially referred to as solitary confinement, is ongoing. Prisoners are still experiencing the same human rights violations as they were prior to the court rulings of 2019.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Absolutely, we're going to fix it.

You'll see in these estimates that we are bringing forward additional resources to make sure we can fully implement Bill C-83 and the SIUs right across this country.

Jack, I'm not making any excuses. I accept the findings of Dr. Doob's report. I've met a number of times with Dr. Doob. I've known him for almost 40 years. I have great respect for him. I also have great respect for the external review investigators who have also been looking at these issues.

There are issues of implementation that have been challenging, particularly during COVID, because the requirements for isolation related to the illness have impacted these measures. We remain committed to fully implementing Bill C-83 and ensuring that the SIUs are effective right across the country.

That's why the resources are being made available to Correctional Service Canada in these budgets I bring before you today.

[Jack Harris, NDP, St. John's East, NL]

Thank you, Chair.

Minister Blair, you talked about the changes in the SIUs as a result of Bill C-83.

We know from Dr. Doob's most recent report that we still have a situation in the prisons. There is solitary confinement still going on, and to the extent that it meets the accepted international definition, including by Canada, of torture. One in 10 inmates who are subjected to these SIUs are subjected to this.

That's a shocking thing for Canada to find from the report of Anthony Doob. What do you intend to do about that? Are you going to fix this, and how soon?