Evidence of meeting #27 for Health in the 43rd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Anne Kelly  Commissioner, Correctional Service of Canada
Sylvie Blanchet  Executive Vice-Chairperson, Parole Board of Canada
Clerk of the Committee  Ms. Erica Pereira
Alain Tousignant  Senior Deputy Commissioner, Correctional Service of Canada
Marlene Orr  Director of Corrections, Native Counselling Services of Alberta
Catherine Latimer  Executive Director, John Howard Society of Canada
Stanley Stapleton  National President, Union of Safety and Justice Employees
David Neufeld  National Vice-President and Regional Vice-President, Correctional Service of Canada Community and Parole Board of Canada - West, Union of Safety and Justice Employees

Noon

Liberal

The Chair Liberal Ron McKinnon

I call this meeting to order. Welcome, everyone, to meeting number 27 of the House of Commons Standing Committee on Health. Pursuant to the order of reference of May 26, 2020, the committee is resuming its briefing on the Canadian response to the outbreak of the coronavirus.

To ensure an orderly meeting, I would like to outline a few rules to follow.

Interpretation in this video conference will work very much like in a regular committee meeting. You have the choice at the bottom of the screen of either floor, English or French.

As you are speaking, if you plan to alternate from one language to the other, you will need to also switch the interpretation channel so that it aligns with the language you are speaking. You might want to allow for a short pause when switching languages.

Before speaking, please wait until I recognize you by name. During questioning, the questioner will indicate to whom they want the question directed.

When you are ready to speak, you can click on the microphone icon to activate your mike.

As a reminder, all comments by members and witnesses should be addressed through the chair, and when you're not speaking, your mike should be on mute.

I now welcome our first panel of witnesses. From the Correctional Service of Canada, we have Ms. Anne Kelly, commissioner; Alain Tousignant, senior deputy commissioner; and Jennifer Wheatley, assistant commissioner, health services. As well, from the Parole Board of Canada, we have Sylvie Blanchet, executive vice-chairperson; and Daryl Churney, executive director general.

We will start with the Correctional Service of Canada. You have 10 minutes, please.

Noon

Anne Kelly Commissioner, Correctional Service of Canada

Good afternoon, Mr. Chair and members of the committee. We appreciate the opportunity to update you on the current status of COVID-19 cases in our institutions, before continuing with an overview of the Correctional Service of Canada's, or CSC's, testing approach and plans moving forward.

Mr. Chair, I am very pleased to be able to report that thanks to the tireless efforts of staff, and because of the exceptional measures taken, we have only one remaining active COVID-19 case among inmates across our 43 institutions.

Since the pandemic began, we have had outbreaks in five of our 43 institutions, with 360 inmates testing positive out of a total of 13,900 inmates. There are 357, or 99%, who have fully recovered. One inmate from the federal training centre in Quebec remains in hospital, but not in the intensive care unit, and we have had two deaths.

Of the five outbreaks, four are fully resolved, meaning that 28 days have elapsed since the last positive case. Our last outbreak at the federal training centre in Quebec will be declared over tomorrow, if there are no new cases. It is worth noting that we had no outbreaks in the Atlantic and the prairie regions, and the one in Ontario was limited to eight inmates in one institution.

Among CSC staff, out of 142 of our employees who have tested positive to date, 132, or 93%, have fully recovered.

I want to take this opportunity to recognize the extraordinary efforts made by our employees for their ongoing work under these exceptional and challenging circumstances.

From the outset of the pandemic, CSC took a proactive approach, guided by public health authorities and working closely with our union partners, to ensure the health and safety of staff and offenders in all of our institutions. When the pandemic was declared on March 11, we focused heavily on preventing the introduction of the virus in our institutions by quickly suspending visits from the public, temporary absences except when medically necessary, work releases and inter-regional transfers.

At the end of March, the virus was introduced into one of our facilities, and the goal became the prevention of its spread. Over time, that included measures such as strengthening infection and prevention control measures, and cleaning and disinfecting protocols; actively screening all staff at the front entrance; moving to unit-based staffing to prevent staff rotation throughout the institutions; training staff on donning and doffing PPE; limiting the movement of inmates; conducting daily wellness checks for signs of symptomatic inmates; immediately testing for COVID-19 anyone reporting symptoms; medically isolating, for 14 days, inmates with symptoms or who had tested positive for the virus, or who were being admitted to federal custody; working with local public health authorities to ensure inmates’ access to local hospital care, if required; issuing masks to staff, symptomatic and positive inmates, and then to all inmates; implementing our own tracing capability by training over 200 of our employees; and reconfiguring our CORCAN shops to produce disposable and washable masks and gowns.

CSC has also worked with the Public Health Agency and local health departments and community experts to have independent, expert-led reviews completed in all of its facilities. To date, all 43 of CSC’s institutions have had an infection prevention and control review or an environmental health review completed. The reviews acknowledge that COVID-19 is difficult to contain in closed environments and recognize the strong front-line leadership and the commitment of CSC staff to prevent and contain the spread of the virus.

There's also a reminder of the importance of training staff on donning and doffing PPE, having strong cleaning and disinfecting practices, and limiting the movement of staff and inmates to prevent spread. None of the findings are insurmountable but they will require continued focus to be sustainable in the months to come. Work is currently under way to ensure CSC is well positioned moving forward.

Now I'd like to speak briefly about CSC's testing strategy. First, health care staff actively screen and monitor all inmates for COVID-19 symptoms. As previously mentioned, CSC medically isolates inmates who are newly admitted to CSC or returning to CSC as a result of a suspension or revocation of their release, inmates who have symptoms or who have tested positive and their close contacts until medically cleared, and inmates who are released into the community from an institution in which there is an outbreak, on the recommendation of local public health.

With respect to staff, any employee who is symptomatic or who has tested positive as well as their close contacts must self-isolate for a minimum of 10 days including two consecutive days symptom-free. Currently, symptomatic inmates and staff get tested. Contact tracing is then completed and testing is offered to those in close contact. Inmates and staff who are at risk of contracting COVID-19 when there is an outbreak also get tested. Following any positive test, contact tracing is completed and testing is offered.

Moving forward, CSC will offer testing based on its recently expanded testing strategy. The strategy is responsive to CSC's closed environment, is well received by the unions and exceeds most, if not all, provincial testing strategies. In addition to the testing currently completed, the expanded testing strategy includes testing of all inmates at time of admission or return to federal custody. This is in addition to the 14-day medical isolation that will continue. It also includes testing of all inmates prior to their release into the community. Positive results will be reported to the local public health authorities and a plan jointly developed.

Finally, the expanded testing strategy also includes expanding the testing of staff and inmates in institutions located in areas where the rate of community transmission is elevated, which is called asymptomatic surveillance. For any positive tests, contact tracing will be completed and testing offered. The testing will be offered again over several weeks or months as long as communities in which the institutions are found continue to have elevated transmission. There are currently four areas in the Quebec region that have high rates of community transmission, and there are seven institutions located within those four areas. Testing has been offered to all staff working in the institutions in the Laval area.

CSC currently has sufficient capacity to test all symptomatic inmates, which it is currently doing. However, the expanded testing capacity will be achieved through partnerships. CSC has already begun reaching out to health partners to increase its capacity through MOUs with public health authorities as well as contracts with private labs. The strategy will be implemented in a phased approach over the next several weeks and months as MOUs and contracts are finalized. In order to prevent and contain the spread of COVID-19 in the months to come, especially as CSC starts easing some of the restrictions it has imposed, the expanded testing strategy will be of critical importance. Although the institutions were never closed, measures were taken to prevent and contain the spread of the virus. Visits were suspended and programming was curtailed.

To shape our new normal, I've put in place a governance structure made up of subject matter experts, union partners and senior managers from different sectors of CSC, including regional representatives. External stakeholders are also involved, including our citizens' advisory committee chair and non-governmental organizations. This approach allows us to examine what needs to resume and when, as well as the safeguards that need to be put in place. Our approach will be gradual, likely vary across different regions, and take into account public health advice.

As a first step, we would be looking at reinstating small group programming for inmates at some institutions, as this is key to their successful rehabilitation and to public safety.

In conclusion, as I say often, there is no greater responsibility than having the care and custody of other human beings. As commissioner, I appreciate the work of our staff, partners, stakeholders and volunteers for their amazing efforts during these extraordinary times.

Thank you, Mr. Chair and members of the committee. I'll be happy to respond to any questions you may have.

12:15 p.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you.

We will go now to the Parole Board of Canada.

You have 10 minutes. Please go ahead.

12:15 p.m.

Sylvie Blanchet Executive Vice-Chairperson, Parole Board of Canada

Thank you, Mr. Chair and members of the committee.

With me today is the board’s executive director general, Daryl Churney. We are pleased to appear before this committee as part of its study into Canada’s response to the COVID-19 pandemic. I will use my opening statement to outline the various measures taken by the Parole Board of Canada since the outset of COVID-19 to ensure the continuity of its operations and the delivery of its important public safety mandate.

However, before I do so, I would like to provide committee members with some information about the PBC’s mandate, as the board has not previously appeared before this committee. The PBC is an independent administrative tribunal that reports to Parliament through the Minister of Public Safety and Emergency Preparedness. We are part of the public safety portfolio, which also includes the Correctional Service of Canada.

The board has the authority, under the Corrections and Conditional Release Act, CCRA, to make conditional release decisions for federal offenders serving—

12:15 p.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Chair, I rise on a point of order.

Would it be possible to slow down the pace a little bit?

The content is very interesting. Unfortunately we're missing some of it. Unless it's only in French—

12:15 p.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mr. Desilets.

If the speaker could slow down a tad, that would be helpful. Thank you.

12:15 p.m.

Executive Vice-Chairperson, Parole Board of Canada

Sylvie Blanchet

I will, thank you.

The board has authority, under the Corrections and Conditional Release Act, CCRA, to make conditional release decisions for federal offenders serving sentences of two years or more. Some authorities in law, for the release of offenders, are the responsibility of the Correctional Service of Canada. The Parole Board also makes parole decisions for provincial and territorial offenders serving sentences of less than two years in all provinces and territories except Ontario and Quebec, which have their own parole boards.

PBC also has legislated responsibility to make decisions on record suspensions under the Criminal Records Act and the Criminal Code of Canada, to order or refuse to order the expungement of a conviction under the Expungement of Historically Unjust—

12:15 p.m.

Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Chair, I rise on a point of order.

I'm sorry, but the sound quality of the interpretation is very poor. This should be fixed. We can't hear the presentations properly.

12:15 p.m.

Liberal

The Chair Liberal Ron McKinnon

Madam Clerk, is this a problem we can address right now, or do we need to suspend?

12:15 p.m.

The Clerk of the Committee Ms. Erica Pereira

Thank you, Mr. Chair. It should be fine to go now.

12:15 p.m.

Liberal

The Chair Liberal Ron McKinnon

We'll try again. Monsieur Mr. Desilets, please don't hesitate to let us know if it's not working.

Go ahead, Madam Blanchet.

12:15 p.m.

Executive Vice-Chairperson, Parole Board of Canada

Sylvie Blanchet

Thank you.

—and to make recommendations for the exercise of clemency through the royal prerogative of mercy.

The PBC consists of both GIC-appointed board members as well as public service employees who support them in their decision-making role. The PBC is a community board. We are, by law, to reflect the diversity of Canadian society. Our board members have diverse backgrounds spanning the fields of criminology, law, corrections, education, psychology, social work and the private sector, to name but a few.

Our conditional release program represents the majority of our work. In 2019-20, the Parole Board conducted 15,174 conditional release reviews. On a weekly basis, the PBC conducts an average of 281 federal reviews and renders a total of 407 federal decisions. These include reviews and decisions for temporary absences, day and full parole, post-suspension, detention and the varying of conditions for release.

In making conditional release decisions, the law requires the Parole Board to take into consideration all relevant available information related to an offender's case. Board members must consider and weigh information such as court and sentencing information, the nature and gravity of the offence and information obtained from victims, the offender and other components of the criminal justice system, including assessments provided by correctional authorities.

No single factor in a conditional release review is ever determinative in the PBC's decision-making. Public safety is the paramount consideration in all decisions and must be balanced against a rigorous risk assessment of the offender's ability to safely reintegrate into the community.

The board does not prepare offenders for release, nor does it manage or supervise offenders on release. That is the responsibility of the Correctional Service of Canada. The Parole Board's conditional release outcomes reflect the high quality of its decisions. Last year, 99% of day parole supervision periods and 98% of full parole supervision periods were not revoked for reoffending, and these numbers have remained consistent over the past 10 years.

I will turn my attention now to the Parole Board's operations and the measures we've taken during the COVID-19 pandemic. Since the outset of COVID-19, the PBC has taken measures to protect the health and safety of the public, the offenders, its board members and staff while continuing to deliver its important public safety mandate. In doing so, we have been informed and guided throughout by the advice and recommendations of public health officials.

During this unprecedented period, the PBC has streamlined its operation to focus on core functions in the areas of conditional release decisions, operations and appeals, pardons and record suspensions, board member appointments and essential internal services. These core functions are primarily being delivered by board members and staff working remotely and by a small number of board members, executives, managers and critical staff working in PBC offices while practising social distancing.

Parole hearings are being conducted remotely via video conference or teleconference, as applicable, outside of correctional institutions. The PBC has also worked to streamline its processes and has modified some of its policies to provide additional flexibility to CSC and community—

12:20 p.m.

Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

I have a point of order, Mr. Chair. I have had no volume coming through for the last two minutes, and I'm checking everything here. I don't know if anyone can hear me, but I can't hear a thing. Perhaps it's just on my end. I lost the last things that this wonderful witness has just said for the last two minutes.

12:20 p.m.

Liberal

The Chair Liberal Ron McKinnon

We'll suspend for a few minutes and get this sorted out.

The meeting is now suspended.

12:30 p.m.

Liberal

The Chair Liberal Ron McKinnon

We will now resume the meeting.

Ms. Blanchet, you may continue with your statement. If you'd like to back up a couple of minutes, because Mr. Fisher wasn't able to hear it all, that would be acceptable.

12:30 p.m.

Executive Vice-Chairperson, Parole Board of Canada

Sylvie Blanchet

Sure. Thank you very much.

Parole hearings are being conducted remotely via video conference or teleconference, as applicable, outside correctional institutions. The PBC has also worked to streamline its processes and has modified some of its policies to provide additional flexibility to CSC and community partners. For example, for offenders already in the community on day parole who become eligible for full parole, the PBC has implemented efficiencies to expedite those decisions by proceeding by way of paper review.

The PBC has also amended its policy to allow Correctional Services Canada to authorize emergency medical leave privileges for offenders residing in the community for up to 30 days rather than the current maximum of 15 days.

The PBC also continues to process parole-by-exception cases as expeditiously as possible. Parole by exception is a mechanism in law to permit parole consideration for offenders who have not yet reached their parole eligibility date, in exceptional circumstances including for offenders who are terminally ill or whose physical or mental health is likely to suffer damage if the offender continues to be held in confinement. Since March 1, 2020, seven parole-by-exception cases have been granted. There are currently 33 pending decisions. In comparison, only four parole-by-exception cases were granted in all of last year.

The PBC is also working with CSC to better accommodate the circumstances of offenders during the pandemic, such as imposing a condition to reside in a home or family environment where such placement is risk appropriate rather than in a community-based residential facility. Since March 1, we have been making an average of 11 day-parole-to-other-location decisions per week compared to five per week in 2019-20.

Further, the PBC has worked closely with CSC to review cases in which offenders residing in community-based residential facilities may have had their residency condition change to specify another location such as a family home. Since March 1, 2020, we have been averaging seven such decisions per week compared to an average of one decision per week last year.

Given the current restrictions due to COVID-19, the deadline for an offender to submit an appeal to the appeals division has been extended from two months to three months in order to assist the offenders in preparing their appeal, especially if they need to seek the support of outside resources. In accordance with the CCRA, offenders have the right to an assistant at their hearing. We have been able to facilitate participation of offender assistance remotely by teleconference.

The PBC remains committed to ensuring that victims' voices are heard during this unprecedented situation and that they continue to receive all legislated information to which they are entitled. The PBC has implemented technological and procedural enhancements, as an interim measure, in order to provide victims the ability to participate at PBC hearings via telephone and to have their victim statement considered by board members. Because our hearings are being held remotely, this means that a typical hearing can have six or more individuals connected from different locations. For victims who prefer not to attend a hearing, the PBC continues to accept victim statements in various formats including audio and video recording.

In these unprecedented times, the PBC has taken measures to ensure that it continues to deliver its important safety mandate under extraordinary circumstances. I am extremely proud of the resilience and commitment demonstrated by our board members and staff in the face of these challenges.

On a final note, I would also like to invite committee members interested in attending a full hearing, once we are back to conducting in-person hearings, to get in touch with us and we would be happy to facilitate that.

Thank you.

12:35 p.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Ms. Blanchet.

I should mention that this meeting will have a hard cap at three o'clock Eastern Standard Time, because the facilities are required for another meeting.

We will do two rounds of questions with this panel. We'll start the questions with Mr. Paul-Hus.

Mr. Paul-Hus, you have the floor for six minutes.

June 15th, 2020 / 12:35 p.m.

Conservative

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

Thank you, Mr. Chair.

The members will recall the case of Marylène Levesque. Ms. Kelly and Ms. Blanchet, I think that this brings back memories for you. The government requested an internal investigation. I'd like to know the status of this investigation.

What has been done since March as part of this investigation?

12:40 p.m.

Commissioner, Correctional Service of Canada

Anne Kelly

As a result of COVID-19, the investigation was suspended until further notice. Since people needed to travel, there were issues. The work that could be done from home is still being carried out. However, as I said, the investigation was suspended because of the travel required to conduct the interviews.

12:40 p.m.

Conservative

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

Can you update me on the progress so far? How many meetings have been held? You said that the investigation is suspended. So nothing is happening anymore. When did you stop working on the investigation?

12:40 p.m.

Commissioner, Correctional Service of Canada

Anne Kelly

Probably around mid-March, when the COVID-19 situation was declared a pandemic. In terms of the status of the investigation, I'll need to respond to you later.

12:40 p.m.

Conservative

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

As you can see right now, we can hold committee meetings. I imagine that your department could organize virtual meetings with witnesses using Zoom, for example, as we do here.

Why can't this be done?

12:40 p.m.

Commissioner, Correctional Service of Canada

Anne Kelly

I'll ask Mr. Tousignant to answer your question.

12:40 p.m.

Alain Tousignant Senior Deputy Commissioner, Correctional Service of Canada

Thank you, Mr. Paul-Hus.

I think that there's a difference between holding a committee meeting such as this one and speaking to employees as part of an investigation to hear their version of traumatic events. This creates a significant amount of nervousness. I think that it's difficult to make this comparison.

That said, in some cases, a few interviews can be conducted by telephone or video conference. However, certain interviews must be conducted in person to continue and conclude the investigation.

12:40 p.m.

Conservative

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

Thank you, Mr. Tousignant.

I'd like you to give the committee an update on your investigation. Of course, we can't have the information disclosed. However, you can at least provide an update so that we know the status of this important case. This is also very important for the family of Marylène Levesque.

In relation to this issue, Ms. Blanchet, you spoke earlier about the various paroles granted to date. We know that Minister Blair requested expedited parole for prisoners nearing the end of their sentences, seniors and people with medical issues. However, we've learned that dangerous prisoners were released into the community in the midst of the COVID-19 pandemic, even though we know that all the services are much harder to obtain.

Can you confirm that all the paroles were really granted to people who were sick or who had reached the end of their sentences? Could some cases have slipped through the cracks in the system?