An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries)

Sponsor

Tracy Gray  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of March 22, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-283.

Summary

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

This enactment amends the Criminal Code to provide that, on request by a person who is sentenced to imprisonment in a penitentiary, a court may, if certain conditions are met, make a recommendation that the person serve their sentence, or a part of it, in custody in a penitentiary that has been designated as an addiction treatment facility.
The enactment also amends the Corrections and Conditional Release Act to, among other things, provide for the designation of a penitentiary as an addiction treatment facility and require the Correctional Service of Canada to ensure that a person in respect of whom a recommendation is made that they serve their sentence, or a part of it, in a designated facility is placed in such a facility as soon as reasonably possible.

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

March 22, 2023 Failed 2nd reading of Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries)

Government Business No. 34—Proceedings on Bill C-62Government Orders

February 13th, 2024 / 12:20 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, it is always a privilege to rise on behalf of the residents of Kelowna—Lake Country.

We are confronted with a decision of profound significance: the proposed delayed expansion of medical assistance in dying to include individuals suffering solely from mental illness. The delay should be supported, and I will note at the same time that as the shadow minister for employment, future workforce development and disability inclusion, I am compelled to express my opposition to the expansion altogether.

I want to draw attention to the recent findings of the report of the committee on MAID presented on January 30, 2024. The committee's report aligns with the long-standing concerns Conservatives have been voicing. It advocates pausing the expansion of assisted suicide to include those afflicted with mental illness. MAID is an irreversible outcome. The expansion, if unchecked, could tragically lead to the loss of lives that might have been saved through treatment and support. This is why we should not even be debating a delay but looking to abandon this piece of legislation.

The Liberals continue to ignore mental health experts, advocates and opposition parties, and have not completely abandoned the concept of MAID for those with the sole underlying condition of mental illness. In 2023, the government introduced eleventh-hour legislation to put a temporary pause on expanding assisted suicide to those suffering with mental illness. This came only after significant backlash from experts across Canada who called on the government to delay the expansion of MAID. The government is not listening to people speaking out and saying they want it abandoned altogether.

If the Liberal government moves ahead with the radical expansion of MAID to include those whose sole underlying condition is mental illness, it could lead to irreversible results. In 2023, the heads of psychiatry at all of Canada’s 17 medical schools called for a delay to the federal government’s MAID legislation that would have expanded eligibility to persons suffering solely from a mental illness. Many stated that it is impossible to determine that an individual’s mental illness will never respond to treatment.

As the shadow minister responsible for persons with disabilities, I have also found widespread opposition to the expansion of MAID to persons with mental illness among advocates for persons with disabilities. More than 50 disability and human rights organizations, including several from my home province of British Columbia, wrote a joint letter to then minister of justice and to federal party leaders in December 2022, to express their total opposition to the MAID expansion. They cited discrimination, lack of supports and concerns for protecting vulnerable people.

Many people have come out again, still opposing the Liberal government's legislation and lack of empathy, adding weight to the argument against the expansion and making it permanent for anyone suffering from mental illness. Disability and human rights organizations are clear that delaying the legislation is simply not good enough; we must completely halt the expansion of MAID for mental illness.

My argument against expansion for MAID for those whose sole underlying condition is mental illness is rooted not only in expert opinion, as I have outlined. As I address the chamber today, I carry with me the voices of residents from Kelowna—Lake Country living with disabilities and mental illness who have reached out to me, having serious concerns about this. A striking example is a letter I received from a young woman in my community who fears the human impacts of this type of legislation. Her journey through the darkness of suicidal thoughts and battle with mental illness is an important reminder of what is at stake. She fears that availability of MAID might have led her down an irreversible path. This is a sobering testament to the potential dangers of this type of law. Her personal story is not just one of struggle but is also a clarion call for our society to be a source of support and hope.

Just recently, a resident of Kelowna shared a distressing experience that deeply resonates with the gravity of our current dilemma. He told me that he sat with a friend who opted for MAID recently. He expressed that if we allow the expansion to persons with the sole underlying condition of mental illness, those people might not always be capable of making such grave decisions, and we risk opening a door to irreversible consequences. This story is a stark reminder of the weighty responsibility we bear. This is a call to action, urging us to rethink and reassess, and to prioritize the well-being and dignity of Canadians in our health care and mental health policies.

When battling mental health issues for years, many people often feel on the brink of giving up. The cost of living is so bad that people cannot even afford to live, but what they need is support and understanding, not an easy exit offered by the government. A policy to expand MAID to those whose sole underlying condition is mental illness is a betrayal.

The commitment to help people was evident in Conservative private member’s bill, Bill C-314, which sought to amend the Criminal Code to provide that a mental illness is not a grievous and irremediable medical condition for which a person could receive medical assistance in dying. The bill was voted down, unfortunately, in October 2023, with 150 MPs voting in favour and 167 against. This shows that the Liberal government just wants to delay the issue until after the next election.

After eight years of the Liberal government, many people are increasingly struggling with a rapidly deteriorating quality of life. Many local residents in Kelowna—Lake Country and Canadians across the country have to deal with the immense stress of not knowing how they will pay to house themselves or put food on the table every month. This is heightened by economic stresses and escalating mental health challenges. At such a time, expanding MAID to include mental illness as the sole condition is not only ill-advised but also literally life-ending.

We have already seen concerning examples of not helping people with mental anguish who reach out, such as Veterans Affairs Canada's confirming that unprompted suggestions of MAID were offered by a Veterans Affairs caseworker to several veterans as a resolution for concerns such as PTSD. In addition, there has been testimony at the human resources committee by disabled persons considering MAID due to lack of living affordability, and reports of food banks being asked by clients for details on applying for MAID. These examples highlight the risk of MAID becoming a misguided solution for individuals in desperate need of compassion and support.

With such a climate of anxiety, mental health challenges and increasing rates of addiction across the country, expanding MAID to include mental illness as the sole underlying condition could be a tragic course. I believe we should be focusing our efforts on improving affordability and quality of life, and on compassionately helping people. It should not be easier to get MAID than to access mental health and addiction supports.

I, alongside my Conservative colleagues, will continue to stand with the many experts, doctors and persons with disabilities who oppose MAID expansion where mental illness is the sole underlying condition. They are expressing inherent risks and concerns related to protecting those who may be struggling and to protecting the most vulnerable. The proposed policy expansion of MAID for those with mental illness as the sole condition sends a troubling message that the government is willing to give up on some of the most vulnerable citizens. It is an admission of defeat, suggesting that we as a society are retreating from our moral obligation to provide comprehensive and compassionate care to those battling mental health challenges.

Instead of passing legislation like my common-sense private member’s bill, Bill C-283, the end the revolving door act, which aims to provide mental health assessments and addiction treatment and recovery in federal penitentiaries, policies like the expansion of MAID to those with mental illness are really an irreversible path. We need to ensure that we support mental health systems and long-term solutions.

As members of Parliament, we should not choose the easy path over the right one. This is not the Canada we aspire to be: a nation that prides itself on compassion and support. Our duty is not just to legislate but also to protect, support and give hope to Canadians, particularly the most vulnerable among us. It is a duty we must uphold with the utmost seriousness and commitment.

Excise Tax ActPrivate Members' Business

September 25th, 2023 / 12:05 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I am honoured to rise in the House today on behalf of the residents of Kelowna—Lake Country. I would like to thank my Conservative colleague, the member for Cumberland—Colchester, for introducing private member's bill, Bill C-323. It is my privilege to second this bill and speak to it today.

Canadians are facing a mental health crisis. The statistics are alarming. Nearly 200 people attempt suicide daily. One in four Canadians is experiencing anxiety, and 56% of the people who are struggling are not receiving the care they need and deserve. According to the Canadian Mental Health Association, the CMHA, in any given year, one in five people in Canada will personally experience a mental health problem or illness. By age 40, about 50% of the population will have or have had a mental illness. This continues to be a significant issue in my community and home province of British Columbia.

Back in 2010, the Government of B.C. estimated that mental health problems cost our economy an estimated $6.6 billion annually. When looking at increasing statistics of people struggling, we can only assume this would be much higher now. The CMHA reports that about 17% of British Columbians, somewhere around 800,000 people, are experiencing a mental illness or substance use issue today. The limitation of accessing mental health services already poses a barrier to many in accessing health care and tackling our nationwide health crisis.

In addition to the ongoing addiction health crisis, Canada is faced with a crisis in mental health. An estimated 84,000 children and youth in B.C. have a diagnosed mental disorder, yet fewer than one-third of those children seeking help are receiving mental health services. That means as many as 58,000 children in B.C. are not receiving the treatment they need.

I know that I have just given a lot of statistics about unmet mental health needs. However, behind each of these statistics is a person, a family affected and a community affected. Recently, a mom from Kelowna—Lake Country reached out to let me know about a situation her child was going through where she has a physical health condition that she is attempting to get resolved. The mom says her child is dealing with mental health issues of depression and suicidal thoughts because of bullying due to her physical conditions. This is just one of many situations people have brought to my attention, and we need to do everything possible to ensure that people and families have access, in a variety of ways, to mental health services.

Right now, looking at attempted suicide rates and deaths, societally we are paying for mental anguish in the most extreme way possible. It is clear from the numbers that many people are waiting until the point of crisis. That can mean too many hospital stays and perhaps cycling through our criminal justice system instead of receiving treatment, or worse. As we heard recently, a woman came forth publicly in August to explain how she was having a mental health crisis and a clinician at Vancouver General Hospital shockingly suggested medical assistance in dying, MAID, as an option.

Bill C-323, an act to amend the Excise Tax Act, works to put health service providers on equal footing when people come to them for mental health assistance. I am proud to second this bill and speak to it today. This legislation sets to end the charging of GST or HST upon the services of psychotherapists and mental health counsellors. For context, psychotherapists and mental health counsellors are currently the only regulated mental health service providers who must remit GST or HST tax on their services. This would put them on equal footing with other health professionals.

Psychotherapy and mental health counsellors often are also not covered by many insurance providers, and the additional cost of the GST or HST on their services limits their capacity to serve many Canadians in the time of need, especially at this time of high cost of living, when paycheques are so stressed. It makes no sense for fully regulated psychotherapists and mental health counsellors to be subjected to this type of taxation when physicians, psychiatrists, registered nurses, registered psychiatric nurses, psychologists, occupational therapists and social workers are all exempt.

Health Canada has reported that 24.7% of Canadians over the age of 15 report having unmet mental health needs. We need to do everything possible to get help to people so they are not living in mental anguish and so families are not heartbroken when getting devastating phone calls no one ever wants to get, like 12 families a day do in Canada, who hear loved ones died of suicide.

The Conservatives are offering tangible solutions within federal jurisdiction to help people. This is a compassionate common sense bill.

Not only are there costs to the federal government associated with this legislation by it not happening, but any loss in tax revenue resulting from the tax exemption would likely be inconsequential in the greater scope of federal budgets. Many organizations and stakeholders, like the Canadian Counselling and Psychotherapy Association, have spoken in favour of removing the GST or HST taxes from the services of psychotherapists and mental health counsellors.

The Standing Committee on Health heard extensive testimony from Dr. Carrie Foster, president-elect of the Canadian Counselling and Psychotherapy Association at the time, and Lindsey Thomson, director of public affairs for Canadian Counselling and Psychotherapy Association earlier this year. Both witnesses expressed that this policy would help to alleviate Canada's mental health crisis.

The Liberal government has failed Canadians when it comes to supporting their mental health. As of last fall, the $4.5 billion in Canadian mental health transfer funds promised by the Liberal government in its 2021 campaign platform had yet to be fully committed. The Conservatives have taken action and continue to fight for the mental health of Canadians.

In 2020, the Conservatives successfully passed a motion to create a national three-digit suicide prevention hotline, which was put forth by our Conservative colleague, the member for Cariboo—Prince George. The 988 hotline will apparently finally be launched in November of 2023 by those slow-to-do-anything-in-government Liberals.

I recently put forth a private member's bill, Bill C-283, the end the revolving door act, which sought to get mental health assessments and addiction treatment and recovery in federal penitentiaries, as determined and offered by a judge at the time of sentencing. It would have expanded and focused the mental health and addiction recovery services available to those who found themselves repeatedly entering and exiting our criminal justice system.

It is well known that mental health and addiction issues are leading causes of recidivism in Canada. Better provision of mental health assessment and curative treatment while inside a federal penitentiary is a common sense approach to tackling this issue, helping not only those who are incarcerated but also to help the communities they go back into after their release. I was proud to have a wide base of support for this, including those confronting our mental health crisis on the front lines and who work in criminal justice.

Unfortunately, though this was a non-partisan common sense bill, the end the revolving door act was voted down by the Liberals and their NDP partner, as well as half the Green MPs, and it did not proceed. I hope the members in those parties will not waste this new opportunity we have before us today to take action for those in need of mental health services.

I was happy to see this legislation to amend the federal taxation regime on mental health professional services from my Conservative colleague as another tool to help people. The Conservatives are the ones bringing practical mental health initiatives forward with compassion and common sense. On this side of the House, the Conservatives will continue to advocate for people to fight Canada's mental health crisis.

In summary, the bill is an important step in tackling Canada's mental health crisis by removing barriers to mental health services, putting psychotherapists and mental health counsellors on equal footing with other regulated health professionals and helping to alleviate financial burdens by those struggling. That is why I am proud to support the bill, and I call on all members of the House to support this compassionate common sense legislation.

Opposition Motion—Opioid CrisisBusiness of SupplyGovernment Orders

May 18th, 2023 / 1:15 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I will be splitting my time with the member for Cariboo—Prince George. Today, I stand before members to express my deep concerns about Canada's mental health and addiction crisis.

After eight years of the Prime Minister, everything feels broken. Life costs more. Work does not pay. Housing costs have doubled. The Prime Minister divides to control the people. Worst of all, crime and chaos, drugs and disorder rage in our streets. Nowhere is this worse than the opioid overdose crisis that has expanded so dramatically in the last several years.

Many Canadians continue to be repeatedly traumatized by the Liberal government and its failed policies. As a result, we are dealing with a mental health and addiction crisis. Canadians struggling with addiction deserve compassion with access to appropriate treatments and a plan for recovery.

Addiction is a public health issue and Canada’s drug laws must target individuals who prey on Canadians struggling with addictions, more specifically those who engage in trafficking and the sale of illegal drugs. My Conservative colleagues and I oppose removing deterrence measures for those who exploit Canadians struggling with addiction.

Expanding access to treatments and recovery programs should be a health care priority to get help to people struggling with addiction. While the Liberals continue to push their own narrative, there is not even one real definition of “safe supply”. How are dangerous, toxic drugs safe?

The safe supply is continuing to destroy lives. It has led to more addiction, more deaths and more despair. We believe that we must stop taxpayer-funded hard drugs, and instead fund treatment and recovery, and bring home our people drug-free.

Liberal safe-supply policies do nothing to bridge people toward recovery. Instead, people are being trapped in a cycle of addiction. In March of 2020, an article titled “Is All 'Safe Supply' Safe?” was published by the Canadian Society of Addiction Medicine. The Liberal-NDP coalition has given up on Canadians struggling with addiction and has essentially put them straight into palliative care.

The greater societal cost is playing out with this experiment in British Columbia. The Minister of Mental Health and Addictions referred, in this place, to following proper indicators without saying what they are. I am not sure what those indicators are because according to the Public Health Agency of Canada, since tax-funded drug supply was ramped up in 2020, opioid deaths have only gone up.

In 2021, more than 8,000 people died of opioid overdoses, while fewer than 3,000 people died of overdoses in 2016. In British Columbia alone, yearly drug overdose deaths have increased by 330% between 2015 and 2023.

In addition, just ahead of the seventh anniversary of B.C. declaring a public health emergency, B.C. Emergency Health Services released grim statistics last month. B.C. set records in March, two months ago, for the most overdose calls in one day, the highest 30-day average of overdose calls and the most consecutive days where paramedics attended 100 or more poisonings. Our first responders are overburdened and exhausted.

This is with drug decriminalization and so-called safe supply in place. B.C. is apparently also on pace to set a new record for poisoning calls in a year and match its annual record for the most naloxone doses administered to reverse the effects of opioids. Those are the facts.

Recently, a Global News reporter in east Vancouver was able to buy 26 hits for $30, in just 30 minutes, of a dangerous and highly addictive opioid that is distributed in tax-funded drug supply programs. It is flooding our streets with cheap opioids.

A new black market has been created and this is perpetuating the cycle of addiction. It has been reported that physicians are saying this is even leading to a rise in new addictions, particularly among youth and those recovering from addictions. Those are the facts.

These are the results of the Liberal drug policies. These are more lives lost. Our streets are less safe and people are dying. The other day, here in the House of Commons, I was appalled by the shouting and applause that the Liberal and NDP MPs showed as I mentioned the terrible effects of open drug use in parks and playgrounds, which they support. I had to start my question three times because of the disruption. These are policies that harm children’s safety, as people are getting high and leaving syringes and other drug paraphernalia in playgrounds.

Open drug use in parks and playgrounds where children play is unacceptable, and it is evident that the federal Liberal government is not taking public safety seriously.

On this side of the House, we do take this issue very seriously. We recognize the need to approach these issues with compassion. That is why we will continue to advocate for stopping the flood of dangerous drugs on our streets and also advocate for recovery, treatment and rehabilitation.

This is some of what my private member's bill, Bill C-283, the end the revolving door act, sought to do. It sought to create a common-sense framework for the commissioner of Correctional Service Canada to be able to designate all or a part of a federal correctional facility as an addiction treatment facility. If individuals met certain parameters at the time of sentencing, a judge could offer the choice to be sentenced to participate in a mental health assessment and addictions treatment inside a federal penitentiary while they served out their sentence.

Bill C-283 was in line with the House of Common’s support for Bill C-228 in the previous Parliament to establish a federal framework to reduce recidivism, where healing is the best path toward reducing recidivism in Canada.

I received much positive feedback and support on this bill from across the country, from business groups, from those working in criminal justice and from those working in recovery, like the founder of Freedom's Door. I also received unanimous support through a resolution of the City of Kelowna.

This common-sense legislation was voted down by the Liberal and NDP members. They are not focusing on recovery and treatment and are quite fine with the status quo.

After eight years of Liberal incompetence, Canadians are suffering. I hear from parents in my riding all the time who want their child to access support and rehabilitation. It is heartbreaking the government has given up on some of the most vulnerable in our society and has put them straight into what one could consider perpetual addiction and palliative care.

In B.C., it is unbelievable, due to how open drug use is now rampant and playing out in our communities, that we even need to have a conversation that open drug use should be banned from playgrounds and parks. These drug decriminalization policies have affected neighbourhoods in B.C., as this three-year drug decriminalization experiment is playing out.

Municipal governments across B.C. have been forced to look at how to make their communities more safe for their citizens, and in particular in parks and playgrounds. Municipalities that have either already implemented bylaws, were looking at bylaws and/or have advocated to the provincial government include Kamloops, Kelowna, Sicamous, Campbell River, Nanaimo, Maple Ridge and Prince George, and there may be others.

However, it is not just at the human level that the Liberals refuse to show compassion. The Prime Minister refuses to stand up to the greedy pharmaceutical companies that cynically marketed addictive drugs as pain medication. That is why we in the official opposition are committed to bringing home justice for the victims of addiction.

Our Conservative leader announced months ago a commitment to launching a massive federal lawsuit against big pharma and their consultants, and to joining the active B.C. lawsuit to cover the costs of the epidemic to our border security, courts, the criminal justice system, indigenous programs, lost federal tax revenue and massively expanded treatment programs. The intention with this is the money recovered from this massive lawsuit will fund treatment and recovery programs for people struggling with addiction. It is from big pharma that originally safe supply came from.

The Conservatives are focused on turning hurt into hope by presenting common-sense solutions to address the addictions crisis facing our communities and the revolving door in our justice system. While the Liberal-NDP group has turned its back on society's most vulnerable, the Conservatives will continue to advocate for support, compassion and rehabilitation so we can bring home our family members and fight back against this horrible addiction crisis, which the Liberals have fuelled by their failed policies.

March 22nd, 2023 / 5:35 p.m.
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Conservative

Larry Brock Conservative Brantford—Brant, ON

Which really begs the question.... It is really ironic that today my Conservative colleague, Tracy Gray, from the riding of Kelowna—Lake Country, had a private member's bill introduced into the House with a vote. Bill C-283 is an act to amend the Criminal Code and the Corrections and Conditional Release Act to provide additional addiction treatment in penitentiaries. It's specifically to allow judges to make recommendations after sentencing that the person serve their sentence in a penitentiary that has been designated as an addictions treatment facility.

Minister, this is a question for you, for Canadians who are following this committee. Why did you, as a minister who has a portfolio that includes the Correctional Service, and your entire Liberal caucus vote that down?

The House resumed consideration of the motion that Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

March 22nd, 2023 / 2 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I am pleased to rise to speak to my private member's bill, Bill C-283, the “end the revolving door” act, once again.

I want to thank the member for Kootenay—Columbia for his initial work and research on this legislation during the previous Parliament, and my colleagues who have spoken to the bill. I also want to thank those who work in law enforcement and the criminal justice system. I hope we can move forward with this legislation to provide the Standing Committee on Public Safety the opportunity to study how this can improve our justice system and give people hope to recover from addiction.

Kelowna—Lake Country residents, the people of British Columbia, and Canadians from coast to coast to coast have seen first-hand the devastating impact the addiction crisis has had on families, communities and the individuals themselves. Residents in my community want people to be held accountable for their actions, while at the same time to have compassion and get addiction and recovery help to those who need it.

My “end the revolving door” act is an opportunity for parliamentarians of every political stripe to come together to move forward with a common sense approach to improving our justice system and helping those struggling with addiction. No one piece of legislation can serve as the panacea for those who are repeatedly re-entering the criminal justice system who have mental health and/or addiction challenges.

This legislation offers an additional tool to help reduce recidivism, address our mental health and addiction crisis, and improve the public safety of our communities. Expanding the sentencing options available in our justice system and assisting those whose lives have been ravaged by addiction is the right thing to do. No one is served when repeat reoffenders are in a revolving door system where it is reported that more than 70% of those sentenced to federal penitentiaries have addiction issues.

We must ensure that the effort of curative treatment is focused and provided for those who have found themselves incarcerated and who want help to turn their lives around. A dedicated addiction treatment facility operating inside an existing Correctional Service of Canada facility would help support this work. Many who work around the criminal justice system have told me that this would put a stop to the revolving door for many.

I want to thank those who have supported this legislation, from the national level to my backyard, who think we should not waste one moment to move forward. The City of Kelowna mayor and council passed a motion unanimously supporting this legislation.

Lissa Dawn Smith, president of Métis Nation British Columbia, said that Métis Nation BC strongly supports the implementation of more effective addiction and mental health services within the federal penitentiary system through Bill C-283. It knows that Métis people are over-represented in the correctional system and that Justice Canada needs more tools in its tool kit to address the root causes of incarceration.

Tom Smithwick, founder of Freedom's Door, which is a vital organization dedicated to hope and healing for those suffering from addiction, including those recently released from incarceration, expressed how it makes sense to start a recovery process while incarcerated. He said, “The whole system would save money. The human need would be met. There totally is hope”.

It is in that spirit that I hope Parliament moves to advance this common sense legislation to the Standing Committee of Public Safety for further study. I hope that we will not waste this crucial opportunity that we have as elected representatives to help reduce recidivism, give hope and healing to those struggling with addiction, and end the revolving door.

Therefore, I move:

That, notwithstanding any Standing Order, special order or usual practice of the House, if a recorded division is requested today in regard to the second reading of Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), it shall be deferred to the expiry of the time provided for Oral Questions later today.

Criminal CodePrivate Members' Business

March 22nd, 2023 / 1:40 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I rise today to speak to Bill C-283. This legislation would allow a federal inmate to be sent to an addiction treatment facility.

Under this legislation, the courts must assess these cases and ensure that certain eligibility requirements are met, including the following: Problematic substance use has contributed to the offender's involvement in the criminal justice system; the offender consents to participating in the treatment program; the court is satisfied that the application has merit; the offender has not been sentenced to a term of imprisonment of 14 years or more; the offender has not been sentenced to a term of imprisonment of 10 years or more for an offence that resulted in bodily harm, involved drug trafficking or involved the use of a weapon.

Bill C-283 also amends the Corrections and Conditional Release Act to provide for the designation of a penitentiary or any area within a penitentiary as an addiction treatment facility.

The purpose of an addiction treatment facility is to provide inmates with access to treatment programs in relation to their problematic substance use as well as to other related services that respond to their specific needs.

My Bloc Québécois colleagues and I will be voting in favour of Bill C-283 at second reading because we believe that it could help rehabilitate inmates struggling with addiction.

Rehabilitation is one of the key pillars of our justice system, and it is our duty to do everything we can to enable as many people as possible to reach that goal. Rehabilitation is also a way to give a second chance to citizens who have made mistakes in the past.

Experience has shown that shutting out an entire segment of the population from our society and our community indefinitely is not beneficial to anyone—not to them and not to us. On the contrary, it only replicates and reinforces the conditions that give rise to crime in the first place.

One thing is clear: A healthy, prosperous, and compassionate democracy requires rehabilitation and inclusion. Unfortunately, right now, federal penitentiaries have a dismal record of rehabilitating inmates struggling with addiction.

In Quebec, in 2014, 58% of prisoners in federal institutions were found to have a history of addiction. I will say it again: 58%. We are not talking about a marginal or minority phenomenon, but rather a widespread scourge that contributes to keeping inmates in a state of dependence, precariousness and vulnerability.

Many experts have in fact established that addiction is the catalyst that drives many Canadians to commit a first offence or to be repeatedly incarcerated.

One would think that imprisonment and the isolation that comes with it would help inmates struggling with addiction to go through proper withdrawal during their incarceration, but the reality is something else altogether.

According to correctional workers, it is shocking how easy it is to get drugs in prison. Those seeking psychoactive substances can use an underground network to find whatever they need to feed their drug habits.

Delivery of these substances and other prohibited items has become much more difficult to control since the advent of drones. Because they are small and make virtually no noise, they can deliver small items by air and are almost undetectable.

New drone detection technologies are now being implemented. However, Frédérick Lebeau, president of the Union of Canadian Correctional Officers is under no illusions.

Drugs will continue to find their way into prisons one way or another. Knowing that, it would be unrealistic to think that jail time will solve an inmate's substance abuse problems. Quite the opposite. It is the federal government's responsibility to provide resources for supervision and control, but more importantly for coaching and assistance so that detention facilities can help inmates make lasting lifestyle changes.

The federal government is already funding some initiatives in this respect, including the drug treatment court funding program, commonly referred to as DTCs, which offers offenders with addictions issues the opportunity to undergo drug treatment as an alternative to a prison sentence. Quebec, other provinces and the territories may receive funding under this program to implement DTCs.

An important distinction must be made, however. Inmates serving sentences in provincial prisons have typically committed less serious offences, given that they were sentenced to a maximum of two years less a day. It is therefore easier to justify alternative sentences for them than for inmates in federal penitentiaries.

Still, it cannot be denied that DTCs have had a very positive impact since they were implemented in 2012. Quebec's successful rollout got people talking, even across the Atlantic. France based its pilot project for countering recidivism among drug users directly on our DTCs.

More broadly, DTCs are part of Quebec's wider rehabilitation strategy, which is delivering impressive results. By combining all of these rehabilitation programs, Quebec has reduced the recidivism rate from 50% to 10% among inmates who choose to participate. I am sure my colleagues will all agree that that is quite a feat.

Hundreds of Quebeckers decided to accept the Quebec government's help so they could get their lives back on track and live free.

That is why the Bloc Québécois will support Bill C‑238, introduced by my Conservative colleague from Kelowna—Lake Country. We think this bill should be studied in committee to ensure that it is effective and to determine what improvements need to be made so that it has a lasting, positive impact on those it affects.

We believe in rehabilitation, we believe in inclusion, but above all, we believe in human justice.

Criminal CodePrivate Members' Business

March 22nd, 2023 / 1:35 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, let me begin by acknowledging that we are gathered here on the traditional unceded lands of the Algonquin Anishinabe people.

I am pleased to join in the debate today as we progress to the second reading of Bill C-283, regarding addiction treatment in penitentiaries. I thank the member for Kelowna—Lake Country for her advocacy on this important issue and for her hard work. As the member has noted, this bill aims to expand sentencing options to help address the root causes of criminal offending through treatment.

Our government is committed to protecting the health and safety of all Canadians, including those who are incarcerated and struggling with substance abuse issues. As my colleagues would agree, these issues cannot be addressed in isolation. Substance use is a social and health issue that intersects clearly with systemic racism and inequities. That is what I would like to focus on today.

The Minister of Public Safety's December 2021 mandate letter reaffirmed the requirement to continue to combat systemic racism and discrimination in the criminal justice system. This includes supporting work to address systemic racism and the overrepresentation of Black, indigenous and racialized Canadians within the criminal justice system.

The Minister of Justice and Attorney General of Canada introduced Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, last December. It received royal assent, and we are hopeful that it will make a significant impact in our criminal justice system in addressing these issues. Bill C-5 aims to restore judicial discretion to impose fit sentences and to address overincarceration rates among indigenous and Black persons, and members of marginalized communities who are overrepresented among those convicted of certain drug- and firearm-related offences. Harms related to substance use would be treated as a health and social use rather a criminal one.

The Minister of Public Safety, in concert with the provincial and territorial colleagues, addressed many of these important matters head-on at recent meetings of ministers responsible for justice and public safety. Work is under way to implement the United Nations Declaration on the Rights of Indigenous Peoples Act, across the country and within provincial and territorial jurisdictions. Excellent collaboration continues with the FPT working group on the development of the indigenous justice strategy and in addressing systemic discrimination and overrepresentation of indigenous persons within the criminal justice system.

The ministers also affirmed, in light of the James Smith Cree Nation tragedy last year, the need to work with indigenous leaders to ensure their communities are safe and supported. The ministers agreed to collaborate on the development and implement of the Canada's Black justice strategy to address anti-Black racism and discrimination within Canada's policing and criminal justice system.

Another key priority was the ongoing opioid crisis. Again, substance use is a public health issue that must be balanced with public safety. In practice, that means diverting individuals away from the criminal justice system at an early stage, through rehabilitative and treatment programs or increased use of conditional sentences.

Our government is very much seized with the work to both build safer communities and help break the cycle of substance-related harms by addressing the root causes of criminality. On its surface, Bill C-283 appears to have the same goals. It proposes to offer offenders the possibility of serving all or part of their sentences in a designated addiction treatment facility.

Let us examine some of the bill's unfortunate oversights and exceptions. Proposed section 743.11 would stipulate that those whose offences carry a maximum penalty of 14 years' imprisonment or life in prison, and those who have committed offences resulting in bodily harm, involving a weapon, or drug trafficking or production, would not be eligible to serve their sentences in a designated addiction treatment facility. This is a problem.

With respect to overrepresentation, Bill C-283 runs counter to our goals. We know that indigenous and Black persons are overrepresented in federal penitentiaries. According to the data, over 68% of indigenous women in custody are serving a federal sentence of more than 10 years. Black offenders represent the largest proportion, 42%, of offenders convicted of importing or exporting drugs.

Overall, Black and indigenous persons tend to be subject to longer sentences, and I invite members opposite to look at the Auditor General's report on corrections, released late last year, which talked about systemic racism. It is, therefore, clear that Bill C-283 would exclude some of the most vulnerable and overrepresented members of the custody population, those who, in fact, may be most directly in need of treatment and rehabilitation.

In addition, proposed paragraph 743.11(1)(a) of the bill would require the offender to show evidence of repeated good behaviour in order to indicate that substance use has contributed to their actions. Here is yet another barrier to accessing treatment for incarcerated people. Not everyone who needs support and services may have a history or a pattern of behaviour: for example, those who have only recently begun using opioids.

This could also represent a prohibitively expensive burden for offenders who do not have the means to provide submissions established in their history or repeated behaviour. Bill C-283 would therefore not only make those individuals ineligible for treatment, through no fault of their own, but also create significant issues of inequity, with BIPOC and socio-economically disadvantaged offenders being denied services at a disproportionate rate.

This bill flies in the face of the Minister of Public Safety's December 2021 mandate letter, which reaffirmed the need to continue to combat systemic racism and discrimination in the criminal justice system. It is also misaligned with Correctional Service Canada's commitment to addressing the overincarceration of indigenous peoples. Again, that is why our government introduced Bill C-5, to treat harms related to substance use as a health and social issue and not a criminal one. Ultimately, the measures in Bill C-5 will help address overincarceration rates among indigenous and racialized persons convicted of certain drug- and firearms-related offences. In contrast, Bill C-283 would undermine these goals.

Despite its veneer of concern for the health and safety of offenders who use substances, this bill is not designed to help those who need it the most. I encourage all members to join me in voicing their concerns about this bill.

Criminal CodePrivate Members' Business

March 22nd, 2023 / 1:05 p.m.
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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, I am very pleased to speak to Bill C‑283. I have been my party's public safety critic for the past few years, and I have learned a great deal about the situation in federal penitentiaries. I have learned more about Correctional Service Canada and the work of the correctional investigator, who publishes highly relevant reports each year on the various issues in Canada's penitentiaries. I send him my regards, by the way.

In fact, last summer, I joined the Parliamentary Secretary to the Minister of Public Safety for a tour of the Port-Cartier penitentiary, a maximum-security facility located in the North Shore region, in a constituency adjacent to mine. We were able to see how things are done on the ground. We observed that addiction is a massive scourge in penitentiaries, both in Quebec and Canada.

I am very pleased that the member for Kelowna—Lake Country contacted me a few months ago to tell me about the bill she is introducing to propose a solution. The bill would allow inmates to be sent to drug treatment facilities. It would also allow penitentiaries to be designated as drug treatment facilities. I will discuss this in more detail later.

When the member for Kelowna—Lake Country introduced her bill, she said its purpose was to end the revolving door of the criminal justice system. Those are the words she used. People entering prison get released almost immediately without getting adequate treatment for mental health issues, substance abuse or other problems. Federal penitentiaries, unlike provincial prisons, are reserved for people serving sentences of two years or more, although inmates may serve a much shorter sentence. That said, the meaning of my colleague's words are clear.

In a system that values rehabilitation, it is unacceptable for someone to be released from a penitentiary with the same problems they had when they entered. For there to be rehabilitation, a minimum effort must be made to try to improve or resolve offenders' problems.

As I said, substance abuse is a very real problem. Let us use the current situation in Quebec penitentiaries as an example. In 2014, 58% of inmates in federal penitentiaries had a substance abuse problem. This data comes from the Correctional Service of Canada, the CSC. According to the CSC, drug addiction is a major problem in the prison system.

According to experts, drug addiction is what drives most of the people who end up in prison to commit a crime in the first place, and that is what brings them back to prison, where drugs are very easy to get, despite what people might think. In 2021, Frédérick Lebeau, president of the Union of Canadian Correctional Officers for the Quebec region, said, “There's a major issue, a problem of delivery [of drugs and other prohibited items] inside the penitentiaries. It's too easy. It's got to get harder”.

With the advent of drones, it is easier than ever to deliver drugs into prisons. By 2020, officers at Donnacona's 451-inmate maximum security penitentiary had detected 60 drones, but they estimated that was just the tip of the iceberg. To address this emerging issue, penitentiaries are working to implement new drone detection technology, but we must not kid ourselves. We know that drugs are still getting into prisons and will continue to do so, despite the efforts that are being made. This really is one of the biggest problems in the prison system in Quebec and Canada right now.

That is why people are right in saying that incarceration does not solve drug abuse problems, quite the opposite. If we want my colleague's solution to work, then we need to ensure that it is more difficult, if not impossible, for the program participants and all inmates to access drugs in prison.

Recidivism rates among drug addicts is very high. When they get out of prison, many immediately try to obtain drugs and often turn to crime to pay for their purchases.

There are many programs for addicts, such as the federal drug treatment court funding program. Drug treatment courts, known as DTCs, offer eligible offenders with a substance use disorder the opportunity to complete a court monitored drug treatment program as an alternative to incarceration. Provinces and territories are eligible for federal funding for the development and delivery of these drug treatment courts.

It is important to note that offenders serving sentences in provincial prisons have usually committed less serious crimes—they are therefore sentenced to a maximum of two years less a day—and that alternative sentences may be more appropriate for these offenders than for inmates in federal penitentiaries.

The DTC program has a few conditions, including that the inmate remain in the program for as long as it takes, usually 12 to 18 months, and that the inmate have no further criminal convictions.

DTCs have existed in Quebec since 2012 and have been so successful that they served as a model for a pilot project to address recidivism among drug addicts in France. According to a study by CIRANO published in 2019, Quebec is an example to the world when it comes to rehabilitating its inmates. I have cited this report in the House before because Quebec truly is a role model.

According to the study, Quebec's reintegration programs for inmates in Quebec-run prisons reduce the risk of recidivism and perform significantly better than elsewhere in the world. These reintegration programs, which are not only aimed at drug addicts, reduce the recidivism rate from 50% to 10% among participating inmates. Participation in the program is, of course, voluntary.

In comparison with Quebec programs, it bears mentioning that federal penitentiaries are doing a poor job in facilitating the rehabilitation of inmates. In the Correctional Investigator of Canada's 2020 annual report, and this is something that comes up nearly every year in the correctional investigator's reports, federal inmates do not get training or learn skills that are job relevant and they do not have access to adequate care. In short, they are very ill-equipped to reintegrate civil society.

It should also be noted that indigenous peoples are overrepresented in federal penitentiaries. They account for less than 5% of the Canadian population, but they account for over 32% of the prison population. Substance abuse and the lack of effective treatment programs partially explain this indigenous overrepresentation. That is where Bill C‑283 may make a difference and have a fairly positive impact.

Let us take a closer look at the bill. It has three separate parts and would provide additional tools to help offenders overcome addiction. It adds the possibility for a convicted offender to ask the court to serve their sentence, or a part of it, in custody in a penitentiary designated as an addiction treatment facility if the following conditions are met: The offender was in trouble with the law because of their problematic substance use; the offender consents to participating in the program; the court is satisfied that the request has merit; the offender has not been sentenced to a term of imprisonment of 14 years or more; and the offender has not been sentenced to a term of imprisonment of 10 years or more for an offence that resulted in bodily harm, involved drug trafficking or involved the use of a weapon.

The court would then make a recommendation to the Correctional Service of Canada that the inmate be placed in an addiction treatment facility if the inmate meets the criteria mentioned earlier.

The bill would also amend the Corrections and Conditional Release Act. It would provide for the designation of addiction treatment facilities in the act. I was going to talk about that a little more, but I see that I have little time left.

Therefore, I will say right now that the Bloc Québécois will vote in favour of the bill at second reading because it is a bill that would actually help rehabilitate inmates. I would remind members that federal penitentiaries have done a very poor job in the area of rehabilitation. I therefore commend my colleague and thank her for proposing this bill, which I hope will be a step in the right direction for offenders in Quebec and Canada.

Criminal CodePrivate Members' Business

March 22nd, 2023 / 1 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I had the opportunity to express some thoughts on Bill C-283 the last time it was up for debate, and I thought that maybe for the last couple of minutes I would talk about the impact of addictions on our communities.

I recall sitting in opposition when we talked about safe injection sites, particularly given what was taking place in Vancouver, and the positive impact they were having. This government has been working with other governments to deal with drug-related issues in communities across the country. I want to emphasize that there is so much more that can be done through co-operation with the different stakeholders out there. What we have seen over the last number of years from this government is a high sense of co-operation when working with stakeholders and different levels of government to deal with the very difficult issue of drug addiction and the impact it is having on our communities.

I would suggest that one of the best ways we can deal with crime is prevention. This is where things become very relevant. The more we turn to groups such as the Bear Clan Patrol in the north end of Winnipeg, the many professional agencies and services out there and community-minded individuals, the more likely we will have a positive outcome. I believe that by having a positive outcome, we prevent crimes from taking place in the first place.

With those few words, I will conclude my remarks.

The House resumed from October 25, 2022, consideration of the motion that Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), be read the second time and referred to a committee.

Judges ActGovernment Orders

October 28th, 2022 / 10:25 a.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it is an honour to rise here today to speak to this piece of legislation.

In my riding of Kelowna—Lake Country, the impacts of crime and increasing crime rates are things that I have heard more and more about from my constituents. According to a release from Statistics Canada earlier this year, the Kelowna census metropolitan area, the CMA, now has the highest crime rate in Canada, with 27,147 Criminal Code violations in the region in the 2021 report.

While the crime severity index, the CSI, is 73.7 across Canada, according to Statistics Canada, in the Kelowna CMA, it is significantly higher, at 122.3 in our region. It is the topic of discussion I hear from constituents in meetings, through emails, at coffee shops and on the streets, and it was one of the most important issues discussed during our municipal election, which just ended a few weeks ago, with different solutions discussed on how to best solve the issue.

One of the problems that arises from this is the revolving door we see in our criminal justice system. Unfortunately, too often we see individuals go through a catch-and-release system, where they do not serve their time and also do not receive the help they need to help reduce the chances of them reoffending, including addiction or mental health treatment. These are all areas where we need to see improvement in our system, on top of Bill C-9.

Unfortunately, in the conversations I have had in my community, there needs to be improvement in public confidence in our justice system and there has not been much evidence that the Liberal government has helped to uphold this. This is yet again another example of a bill which could have been in place almost a year ago if it were not for the Liberal government's decision to hold an unnecessary snap election last fall.

The previous iteration of this bill was Bill S-5 from the 43rd Parliament. It would have been debated, studied and perhaps adopted by now if all members of the House were to have moved it forward. Instead, here we are again, starting debate on this bill from the beginning, over a year since the last version was introduced, because of an unnecessary, costly election. Just as a reminder, ash was falling from the sky in my riding of Kelowna—Lake Country when the Prime Minister called the snap election.

There are many examples of legislation being worked on in the last Parliament, but due to the snap election, everything was cancelled and had to start over again. The committee I sit on is now looking at a Bill C-22, the Canada disability benefit act, which was also first introduced over a year ago and then died on the Order Paper because of the snap election last fall. Here is another example of how we really have to look at what the government's priorities are. A lot of its priorities are political rather than moving forward good legislation that we need in this country.

Conservatives are always happy to work for reforms in our judiciary. Public faith in our system is what guarantees our society's commitment to due process under law. No one spoke more eloquently on this than former Conservative leader Rona Ambrose when she introduced her final piece of legislation in 2017, the just act. That bill proposed judicial accountability through sexual assault law training.

As a strong voice for women and sexual assault survivors, Ms. Ambrose recognized that far too often our justice system fails to respect the experiences of victims of sexual assault. Sexual assault survivors need to know that those hearing their cases have the training, background and context to give them a fair trial and better ensure that sexual assault survivors do not hesitate to come forward. We, unfortunately, still need a judicial system that we can trust and that will be fair, a system that really focuses on victims.

More work needs to be done to ensure judges understand the laws surrounding this consent. More tools need to be provided to judges to provide fair, compassionate sentences that will see offenders rehabilitated.

My own private member's bill legislation, Bill C-283, would provide such a tool in reforming the sentencing process for offenders suffering from drug addiction and mental health challenges. My legislation would amend the Criminal Code of Canada to support a two-stream sentencing process. While both would have the same sentence time, certain convicted individuals who demonstrate a pattern of problematic substance use and meet certain parameters at the time of sentencing could have the judge offer them the choice to be sentenced to participate in a mental health assessment and addiction treatment inside a federal penitentiary while they serve out their sentence.

Through this sentencing process, offenders would still receive meaningful consequences for their actions, but they would also receive curative treatment leading to a path of reducing the risk of reoffending. In other words, it would end the revolving door. I have actually called my private member's bill the “end the revolving door act”. My bill has the support of many stakeholders who work in addiction treatment and in the criminal justice system, and it also has support across some party lines in this place. I am thankful to say we had our first debate on it, and it will be coming forth again.

It is too important of an opportunity to miss out on, just like this bill we have here today. Some victims have said they have lost faith in the judicial system completely. It was not too long ago that victims, especially women, were blamed for sexual assault. Before laws were put into place improving the process, it was common for judges to factor in things such as the length of a woman's skirt or whether she had a past relationship with the perpetrator when determining if something was criminal. There needs to be more accountability in the judiciary. Legislation that involves our judicial system is really important.

Unfortunately, we know violent crime is up across Canada. It is up 32% since the government took office. One has to wonder how some of these soft-on-crime policies the government has can impact Canadians' faith in their justice system, as well as public safety.

We also need to remember the position of the federal ombudsman for victims of crime has repeatedly been left vacant by the government for many months at a time. Most recently, it was left vacant for almost a year. These are things that are really important when we are looking at our entire judicial system and how it functions, and we need to focus on these types of issues no only so the public has confidence, but also so the public is best served in all of these different areas. It is also really important that, at the core of everything, we keep victims in mind and that we are always standing up for the victims of crime, which is something the Conservatives absolutely do. It is always something we are considering and focusing on.

In closing, if the Liberal government really were concerned about the issue we are debating here today, Bill C-9, it would have not called a snap election last year. This would have been already in place. It is something that already would have been enacted.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:20 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, I thank my colleague from Kelowna—Lake Country for her work on this important legislation.

At its core, Bill C-283 is about ensuring those with addictions are provided the help they need. It is also about providing their loved ones with peace of mind. Those addicted to drugs are someone's mother, father, sister, brother, son, daughter or friend.

I will be reading this speech not only as a parliamentarian but also as a dad. Heather and I are proud parents to five adult children. There is nothing we would not do to ensure their well-being, peace of mind and security. I am so proud of each of them.

My family has struggled with opioid addiction for 20 years. We empathize with all Canadian families who have suffered at the hands of addiction. Heather and I are not alone. Canadian families are not alone. Those listening right now who are struggling with addiction are not alone. In fact, I do not believe there is a single individual in this chamber who has not been touched, in some way, by cocaine, crystal meth, heroin, fentanyl or other opioids.

It has been said that having a child is like having one's heart walk around outside one's body. There are mothers and fathers across this country who are startled awake in the middle of the night by the sound of a jacket zipper, a floor creaking or a door opening. They are all sounds familiar to parents of a son or daughter who is leaving to use drugs.

These moments give way to sleepless nights wondering if that child will make it home safely. These fears last a lifetime. My heart goes out to those who suffer from addictions and their families who bear the weight of the stress and worry that comes with caring for loved ones suffering from addiction. The road to recovery, of which I have both professional and personal experience, is a very difficult and long commitment.

Before I go any further, I would like to make an important distinction for all colleagues in the House.

Those who suffer from drug addiction deserve our compassion and care. Those who repeatedly break the law or have no regard for the safety of those around them deserve to be arrested and dealt with through our court system. Those found guilty of crimes should go to prison where they can seek out and be provided the help they need. This is precisely where our system is not working, and it is where the bill can make an enormous difference in the lives of Canadians.

Sending an addicted individual to prison without providing them with dedicated access to the programs and services they need to recover is futile. Addressing the core cause of their crime, addiction, in meaningful ways is what will put an end to recidivism and allow many Canadian families to heal. Addressing addiction when an individual is convicted of a crime or when the addiction is the cause is precisely where this legislation can make an extraordinary difference.

Canada's approach to addressing drug use, addiction and associated crime has not been successful, and my constituents are concerned the government is out of touch with what is happening on the ground in communities across Canada. Canadians are concerned about legislative decisions being made on matters pertaining to prostitution, guns and drug-related crime. My colleagues on the justice committee know this all too well.

We do not need to look very far in my riding of Kootenay—Columbia to see this in real time. The city of Cranbrook was once a quiet, mountain town. Today, it is the home of a tent city, with an exploding homeless population and rising crime. Criminals are wreaking havoc on other homeless individuals, our youth, families and businesses. Stories of paying it forward have been replaced in the news by stories of intimidation, theft, vandalism, physical assaults and shootings. Young people are afraid to go to work for fear of physical harm and children are no longer free to explore their sense of adventure in certain areas of the city.

This is a problem born out of the current provincial and federal policies, and there is not a single city council in Canada that would be able to solve this problem. Municipal leaders across British Columbia, such as Vancouver, have called on the government to act on addictions and the associated revolving door of crime caused by convicted criminals being released without action, or worse, being released without addressing their addiction during sentencing.

B.C.'s Urban Mayors' Caucus identified mental health and substance treatment as a priority for the federal government to address. Earlier this year, the B.C. attorney general acknowledged there was an increase in the number of no-charge decisions from his office and blamed the federal government for his actions. He referred to Bill C-75, which talks about using the principle of restraint for police and courts to ensure that release at the earliest opportunity is favoured over detention. What this equates to on the ground is prioritization of the offender over the victim.

While there are some who are uncomfortable with labelling prolific offenders, let me help clarify. Individuals who are convicted of 50, 75 or 100 or more offences have a prolific record, and they have been through the revolving door of our catch and release justice system too many times. This has to stop.

Our laws are meant to protect law-abiding citizens as well as those who protect and serve. To send an offender back on the streets to cause harm or break the law for the 78th time is not a solution that is working and, to be frank, it is a slap in the face to victims. However, if the offender, instead of being released to cause further harm or sent to prison to become more hardened, was sent to a designated treatment facility, we would have an opportunity to address the root of the crime.

Canadians are asking for help. We are here today offering real solutions to real problems that will make a difference in helping addicted individuals deal with real pain. Mental health and addiction may be the single largest challenge of our time, and I know all members of this House want to do more for those struggling with these issues.

Bill C-283 is an opportunity to do just that. The bill proposes a different program for addiction treatment while incarcerated, and this means the necessity for rehabilitation while serving a sentence. At the core, this is about treating addiction in an effort to stem the crime, or in other words, addressing the root cause of the issue. The approach is a positive solution for rehabilitation, resulting in individuals being able to make a positive contribution within our communities.

The bill would amend the Criminal Code of Canada to support two-stream sentencing, both of which would have the same sentence time. However, the individual would be called upon, being provided a choice by a judge, to choose between the current system or a designated treatment facility. The bill would not provide criminals with a pass on prison, but rather bridges correction and treatment for those who have entered the system because of drug addiction and are choosing to participate in recovery.

Addiction numbers in B.C. and across the country are growing, with many individuals entering the correctional system who may be better served with the opportunity to address the cause of their criminal activity. The purpose of an addiction treatment facility is to provide the individual access to the program for treatment in relation to the substance use, as well as to other related services that will address specific needs. Individuals may be sentenced to serve in a designated facility if there is evidence establishing a pattern of repetitive behaviour by the individual that indicates problematic substance abuse.

This brings us to the tragic and preventable loss of Constable Shaelyn Yang, who was sadly murdered while courageously helping those who suffer from mental health and addiction. Mayors from cities across B.C., including Burnaby, have complained publicly about the catch and release justice system.

Last week, the leader of the official opposition asked what policy changes the Prime Minister would be willing to make to put this crime wave to an end. I suggest to all members this bill is an important part of that suite of tools needed to address addictions. We cannot turn back time and prevent the senseless loss of Constable Shaelyn Yang, but we can act to prevent future murders. I invite all colleagues to join me in supporting this legislation.

The bill would validate and begin to repair the legitimate ongoing concerns of families, communities and indigenous communities. Further, it would serve as an important tool to address the general mental health and welfare of those who participate, with an aim to help make a better future for young Canadians struggling with addictions. Those struggling with addiction deserve treatment and recovery.

Successful crime prevention starts with our youth and must continue throughout their lives. Education programs can be successful if delivered at the right times.

As we consider Bill C-283, I would ask each of us to look through the eyes of Constable Shaelyn Yang and do right by the victims, the victims of addictions, the victims of crime and the victims, the family, of those who have lost a loved one. Finally, may we see this through the lens of a mother, father, sister, brother and friend who are desperate for their loved ones to get help before it is too late.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I am glad that we are here to discuss Bill C‑283 today. This bill reminds me of Bill C‑216, which was introduced by our colleague from Courtenay—Alberni not so long ago. We supported that bill, but unfortunately it was not supported by the majority of the House. I hope this bill will go a little further this time around.

Bill C‑283 makes certain amendments to the Criminal Code, including, for example, a provision that would allow a federal inmate to be sent to an addiction treatment facility if the court finds the inmate eligible.

The bill also amends the Corrections and Conditional Release Act to allow a penitentiary to be designated as an addiction treatment facility. When a court recommends that a person serve his or her sentence there, Correctional Service Canada will be required to ensure that the inmate is placed there as soon as possible.

In Quebec, we have long decided to favour rehabilitation. However, in 2014, 50% of prisoners in federal penitentiaries had a drug addiction problem. According to experts, drug addiction is what drives most of those people into committing a crime, which brings them back to prison, where drugs are very easy to get, despite what people might think.

In 2021, Frédérick Lebeau, president of the Union of Canadian Correctional Officers for the Quebec region, said, “There's a major issue, a problem of delivery [of drugs and other prohibited items] inside the penitentiaries. It's too easy. It's got to get harder.”

With the advent of drones, it will be easier than ever to deliver drugs into prisons. By 2020, officers at Donnacona's 451-inmate maximum-security penitentiary had detected 60 drones, but they estimated that was just the tip of the iceberg.

penitentiaries will have to implement new drone detection technology in November, but the union is under no illusions. Drugs will continue to come into prisons. In short, incarceration does not solve drug abuse problems, quite the opposite.

We must also take into consideration that recidivism rates among drug addicts is very high. When they get out of prison, many immediately try to obtain drugs and often turn to crime to finance their purchases.

Federal penitentiaries do a poor job of rehabilitating inmates, so this bill could be the step in the right direction that we have been waiting for.

According to a study by the Center for Interuniversity Research and Analysis of Organizations published in 2019, Quebec is an example to the world when it comes to rehabilitating inmates. According to the study, Quebec's reintegration programs for inmates in Quebec-run prisons reduce the risk of recidivism and perform significantly better than elsewhere in the world. These reintegration programs, which are not only aimed at drug addicts, reduce the recidivism rate from 50% to 10% among participating prisoners.

Quebec's drug treatment courts have existed since 2012 and have been so successful that they served as a model for a pilot project to address recidivism among drug addicts in France. By comparison, federal penitentiaries are failing miserably at the rehabilitation of inmates. According to the 2020 annual report of the Correctional Investigator of Canada, inmates in federal institutions do not receive useful training or work experience during their incarceration and do not have access to necessary care. In short, they are very poorly equipped to reintegrate into civil society.

Another fact to note is that indigenous people are overrepresented in federal penitentiaries. They represent less than 5% of Canada's population, but 32% of the prison population.

Worse still, according to the Office of the Correctional Investigator of Canada, women represent 50% of this prison population. Addiction issues and the absence of effective programs to treat them probably go a long way to explaining why indigenous peoples are overrepresented in our prisons.

In committee, during the study of the various bills that were passed previously, including on the issue of mandatory minimums, we saw that the need to curb the overrepresentation of indigenous peoples among inmates is a major concern for the government.

We did not agree that abolishing mandatory minimums would help reduce the percentage of indigenous people in prison populations. In my view, there is no logical corollary. The existence of mandatory minimums does not lead to more indigenous inmates.

The problem lies elsewhere, and this may be our chance to correct it. Bill C-283 would allow for an addict to be placed in custody and receive follow-up care in a place that specializes in treating addictions, which could reduce the risk of recidivism for the inmate and improve their chances of successfully reintegrating society.

Under this legislation, the onus would be on inmates to ask the court to put them in an addiction treatment facility. Inmates would thereby acknowledge their addiction, which we all agree is the first step toward healing. The court would then determine whether the inmates could serve part or all of their sentence in such a facility. The Bloc Québécois sees only benefits to this.

The Bloc will therefore vote in favour of Bill C‑283, just as we did last spring for Bill C‑216, which was introduced by the member for Courtenay—Alberni.

The bill, as it is worded, is not perfect, of course, so it needs amending. I am sure that the members of the committee tasked with studying it will be very eager to improve it.

The House resumed consideration of the motion that Bill C‑283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

October 25th, 2022 / 5:50 p.m.
See context

Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, it is a privilege to join the second reading debate of Bill C-283 regarding addiction treatment in our prison system. Let me begin by thanking the hon. member for bringing this legislation forward and for recognizing the role that addictions play in crime.

I want to start by letting the member know that the government will not be supporting her legislation, but I will go into details of that now. Having met with the hon. member, I know that she is extremely well intentioned in bringing this legislation forward, and I do give her my personal commitment that I will work with her to ensure the ideas that she wants to bring forward are looked at.

Substance abuse must absolutely be treated as a health and social issue. Any Canadian who uses substances should be able to access the services and supports that they need. Anyone incarcerated in Canada's federal institutions should have access to quality, safe, person-centred and holistic care, regardless of institutional placement or type of offence. Indeed, these programs exist, and they are comprehensive and available to all offenders. They exist as part of the Government of Canada's broad and concrete approach to strengthen public health support for all Canadians.

Included in the 2021 Speech from the Throne was:

To build a healthy future, we must also strengthen our healthcare system and public health supports for all Canadians, especially seniors, veterans, persons with disabilities, vulnerable members of our communities, and those who have faced discrimination by the very system that is meant to heal.

This is a key part of the mandate letters of the Minister of Mental Health and Addictions and Associate Minister of Health, the Minister of Justice and Attorney General of Canada, and the Minister of Public Safety.

The December 2021 mandate letter asked the Minister of Mental Health and Addictions to:

Advance a comprehensive strategy to address problematic substance use in Canada, supporting efforts to improve public education to reduce stigma, and supporting provinces and territories and working with Indigenous communities to provide access to a full range of evidence-based treatment and harm reduction, as well as to create standards for substance use treatment programs.

The mandate letter asked the Minister of Justice to “Secure support for the swift passage of Bill C-5 to reduce reliance on mandatory minimum penalties and promote non-criminal approaches to drug possession”.

The mandate letter to the Minister of Public Safety requires the minister to:

Develop a Federal Framework to Reduce Recidivism in consultation with provinces, territories, Indigenous communities, Black communities and other stakeholders. As part of this work, [the government] consider how to ensure that federal correctional institutions are safe and humane environments, free from violence and sexual harassment, and promote rehabilitation and public safety.

As mentioned, in keeping with its public health-centred approach to addiction and the opioid epidemic that has affected families and communities across the country, the government introduced Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, in December 2021. The bill proposes specific amendments that would repeal all mandatory minimum penalties in the CDSA and require police and prosecutors to consider alternatives, including diverting individuals to treatment programs instead of laying charges or prosecuting individuals for simple drug possession. It would also require that all past and future convictions for the simple possession of controlled drugs be kept separate and apart two years after the bill received royal assent.

Our efforts have also been focused on addressing the opioid crisis. Budget 2022 proposed to provide $100 million over three years, starting in 2022-23 to Health Canada for the substance use and addictions program. The program supports harm reduction, treatment and prevention at the community level, and it builds on the $116 million provided in budget 2021 and the additional $66 million in the 2020 fall economic statement for the program.

I would also like to highlight that in June 2022, the government published its federal framework to reduce recidivism. The framework outlines the strategy that Canada will take working to address the barriers identified under each of the thematic priorities of housing, education, employment, health and positive support networks.

The framework identifies harms related to substance use among offenders as an urgent issue and states that more programming inside and outside of the institution to aid offenders in managing addiction will be beneficial. It highlights that the gains made during in-prison treatment programs can only be maintained if an offender is provided with sufficient aftercare supports and community treatment upon release.

Given all of these actions, let us look at what the bill proposes.

It proposes to isolate substance use treatments from existing integrated services and to enact them on their own at designated treatment facilities. It proposes an amendment to the Criminal Code to provide that a court, on request by a person sentenced to imprisonment in a penitentiary, may make a recommendation that they serve part or all of their sentence in a penitentiary or any area in a penitentiary that has been designated as an addiction treatment facility, provided that they meet certain conditions.

These conditions are, more specifically, where there is evidence of a pattern of repetitive behaviour indicating that substance use has contributed to the offender's involvement in the criminal justice system; that the offender consents to treatment; the court is satisfied that such an order would be consistent with the fundamental purpose and principles of sentencing; that the offence was not prosecuted by indictment for which the maximum penalty is 14 years' imprisonment or life; and, finally, that the offence was not prosecuted by indictment for which the maximum penalty is 10 years' imprisonment and the offence resulted in bodily harm or involved the use of a weapon, or involved the import, export, trafficking or production of drugs.

The Correctional Service of Canada would be required to fulfill such recommendations and adjust their rehabilitation model, which currently provides addiction treatment to all offenders who demonstrate substance use and addiction treatment needs.

Additionally, the bill proposes that the Corrections and Conditional Release Act be amended to provide authority for the commissioner of the Correctional Service of Canada to designate a penitentiary or area of a penitentiary to be an addiction treatment facility.

The bill would also amend the definition of “health care” in the Corrections and Conditional Release Act to include “care that is provided as part of an addiction treatment program in a designated facility”.

It would authorize the Minister of Public Safety to enter into an agreement with a province “for the provision of addiction treatment programs to offenders in a designated facility and for payment by the minister, or by a person authorized by the minister, in respect of the provision of those programs”.

Under this bill, offenders that serve part or all of their sentences in a designated addiction treatment facility would still serve their required penalty of imprisonment.

I would point out that currently, these facilities do not exist.

The court-ordered penalty would still be served but with a focus on addiction treatment within a designated treatment facility.

At this point, I would like to outline our objections to the bill.

First, isolating those treatment services could create negative outcomes for offenders. People living with substance use disorders are not necessarily ready for active treatment. A spectrum of supports, which is not limited to active addiction treatment, must be explored and available to offenders living with substance use disorders.

The government also opposes the proposed bill because it would introduce amendments that could have a number of unintended negative consequences, including for overrepresented populations in the federal correctional system, such as indigenous and Black offenders. Further, the government recognizes that more needs to be done to support people experiencing harms from substance use.

That is why our government will continue to work with provincial and territorial governments, partners, indigenous communities, stakeholders, people with lived experience with substance use, and organizations in communities across the country to work toward reducing substance use harms.

My sense is that the federal framework to reduce recidivism is the place where the hon. member’s ideas can be explored. I thank her again for bringing this bill forward and for meeting with me to discuss the issues that she is concerned about. As I said earlier, I commit to working with the hon. member on this issue.

Criminal CodePrivate Members' Business

October 25th, 2022 / 5:35 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

moved that Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), be read the second time and referred to a committee.

Madam Speaker, as this is my first time making a speech in the House since a tragic incident in British Columbia, I would like to first take a moment to pay tribute to the RCMP constable whose life was sadly taken while serving in Burnaby in the line of duty. The late constable was a member of the detachment’s mental health and homeless outreach team, and she served in the role for three years. I have no doubt of the immense impact she had in her community.

I am here today to rise and speak to my first private member's bill, Bill C-283, the “end the revolving door” act. This legislation proposes to amend the Criminal Code of Canada and the Corrections and Conditional Release Act to expand the sentencing options available in our justice system and to assist those whose lives have been ravaged by addiction.

When I was first elected, I knew I wanted to do something for those suffering from mental health challenges and/or addiction. My team and I researched this topic, looking for possibilities within federal jurisdiction to make a difference. Thanks to the member for Kootenay—Columbia, I was able to pick up his work and research where he left off at the end of the previous Parliament. I thank him for his prior work on this legislation and for speaking to it today as well.

The effects of the revolving door in our justice system for those with mental health and addiction issues are felt in communities across Canada. There is surely not one member in the House who would not consider this an issue in their community.

In Kelowna—Lake Country, desperate people suffering from severe addictions and mental health challenges are entering and exiting our justice system without the proper curative treatment they need to heal. As a result, they return to my community, and others across the country, only to repeat the same cycle of behaviour that, for many, will see them re-entering the justice system and those same penitentiaries again and again. The effects of this have been widespread. Residents have valid safety concerns, businesses deal with crime and safety issues and first responder resources are strained.

Crime numbers show law enforcement spends a lot of their time focusing resources on those with mental health and addiction. Courts are backlogged with reoffender cases. Small businesses have to foot the bill for damage. People are injured, or worse, and families are torn apart.

We do not know if my private member's bill, Bill C-283, would have made a difference in each situation, but we need to do something. If we get the actions proposed in this legislation implemented and there are differences being made in people’s lives and in communities, surely this could be expanded in other ways.

The need for legislative action is imperative. A 2015 study by Correctional Service Canada showed that, at admission to federal custody, 70% of men and 77% of women offenders had a substance use issue. Similarly, a review of the National Parole Board files revealed that about 73% of offenders who were returned to custody had abused substances while on release. They also revealed that substance use had contributed to the termination of their release.

Municipal leaders are calling for action, including the BC Urban Mayors' Caucus. They state that their cities' businesses are “facing break-ins and other challenges, as a result of increasing social disorder and challenging behaviour from people in crisis.” We need to do something, and we need to take action.

This need for legislative action on mental health and addiction for those in the justice system is clear. Parliament has already taken action to focus on recidivism, in other words, the revolving door. The House of Commons came together to unanimously pass legislation from my colleague, the member for Tobique—Mactaquac, to establish a framework to reduce recidivism in Canada. Bill C-283 seeks to continue this work by assisting addiction treatment in federal penitentiaries where people in need can receive the curative treatment they desperately need.

We know that the heroic work of addiction professionals already within penitentiaries operating under existing programs is vital, but the results show more focus and additional action is needed to heal those suffering from mental health and addiction problems. The ability to sentence offenders into a dedicated addiction treatment facility operating inside an existing Correctional Service of Canada facility would help support their work.

No one piece of legislation can serve as the panacea for those with addiction who enter the criminal justice system. I believe this legislation can offer an important tool to help reduce recidivism, address our mental health and addiction crisis and improve the public safety of our communities.

In that effort, my bill would first empower the commissioner of the Correctional Service of Canada to designate all or part of a facility as an addiction treatment facility. Such a facility would need to come together with the government's support and with input from experts in addiction and recovery. I do not seek to prescribe the shape of how this facility should operate, as this would be up to the experts who work in this field.

Second, this legislation would amend the Criminal Code of Canada to support a two-stream sentencing process. While both would have the same sentence time, certain convicted individuals who demonstrate a pattern of problematic substance use and meet certain parameters at the time of sentencing could have the judge offer them the choice to be sentenced to participate in a mental health assessment and an addictions treatment inside a federal penitentiary while they serve their sentence. Through this sentencing process, offenders would still receive meaningful consequences for their actions but would also receive curative treatment, leading to a path of reducing the risk of reoffending; in other words, ending the revolving door.

This year I have had the pleasure of speaking with many stakeholders who work in addiction treatment and criminal justice reform. I want to take a moment here to thank them for those eye-opening meetings and for the important work they undertake every day. Some work directly with addicts on the streets; some work inside in the prisons; some are affected by the actions of those being incarcerated, and some are trying to help others simply because of their own lived experience.

There is a lot of support to move this end the revolving door act forward to be studied at the Standing Committee on Public Safety. I want to share just a few comments.

Marlene Orr, the chief executive officer of Native Counselling Services of Alberta, which works to heal the disproportionate number of indigenous Canadians in our justice system, states that the introduction of Bill C-283 is important, as it is a firm step forward in addressing the issue of addiction and its relationship to crime and recidivism. She says equipping Correctional Service Canada with the legislative authority to address the drug crisis in an institutional setting provides the service with meaningful tools to help Canadians address addiction and its relationship to crime.

Anita Desai, president of the National Associations Active in Criminal Justice, an alliance of Canadian groups dedicated to the work of criminal justice reforms, said that substance misuse, dependence and criminal justice are quite linked and Canada is in serious need of more tools in the tool box. She went on to say she believes Bill C-283, the end the revolving door act, has the potential to create some of those tools.

Teri Smith, president of the Business Improvement Areas of B.C., says that as the organization that represents more than 70 downtown and main street districts across B.C., collectively comprising hundreds of thousands of businesses and tens of thousands of employees, they are supportive of Bill C-283, and that this private member's bill serves to address one component of the broader issue of safety, crime and vandalism by supporting critical addiction treatment supports and services for individuals in need within federal correctional institutions.

These are businesses in the ridings of members of Parliament from all over British Columbia, including from downtown Vancouver and on Vancouver Island, who have federal elected representatives across political party lines in the House. Let us all work together to address the complex mental health and addiction crisis here in Canada by reforming sentencing, improving addiction treatment in penitentiaries and offering a message of hope to communities, families and those suffering. I ask for support from all members of Parliament for my private member's bill, Bill C-283, the end the revolving door act.

Criminal CodeRoutine Proceedings

June 14th, 2022 / 10:05 a.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

moved for leave to introduce Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries).

Mr. Speaker, I am very excited today and pleased to rise to introduce my private member's bill, the “end the revolving door” act, to amend the Criminal Code and the Corrections and Conditional Release Act regarding addiction treatment in penitentiaries. I would like to thank the member for Kootenay—Columbia for doing a lot of the preliminary work on this legislation and for seconding my bill.

This bill proposes to amend the Criminal Code of Canada to expand the sentencing options available in our justice system and to assist those whose lives have been ravaged by addiction.

In my home province of British Columbia and my community of Kelowna—Lake Country, we are all too familiar with the revolving door of our criminal justice system, with prolific offenders and seeing addiction on our streets with increasing crime rates. High recidivism rates in Canada among those suffering from mental health issues and drug addictions are putting extreme pressure on law enforcement resources, straining our justice system, harming and costing our communities, burdening our municipalities and breaking Canadian families.

A 2015 study by the Correctional Service of Canada showed that, at admission to federal custody, 70% of men and 77% of women offenders have a substance use issue. This legislation would allow the commissioner of the Correctional Service of Canada to designate all or part of a facility as an addiction treatment facility. It would allow a court the ability to make a recommendation that people serve their sentence, or part of it, in custody in a designated facility as defined and under certain terms as laid out in the bill.

There needs to be evidence establishing a pattern of repetitive behaviour by the offender that indicates that problematic substance use has contributed to the offender's involvement in the criminal justice system. The purpose of an addiction treatment facility is to provide inmates with access to a program for a curative treatment in relation to the problematic substance use, as well as access to other related services that respond to their specific needs. In sentencing, offenders would still receive meaningful consequences, while also receiving care leading to a path of reducing the risk of reoffending.

We have a complex addictions crisis in Canada, and this would be an important tool to help communities and families, protect the public, and maintain public confidence in the judicial system. I trust that all members of this House will support my private member's bill.

(Motions deemed adopted, bill read the first time and printed)