Evidence of meeting #36 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was years.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Susan O'Sullivan  Federal Ombudsman for Victims of Crime, Office of the Federal Ombudsman for Victims of Crime
Howard Sapers  Correctional Investigator, Office of the Correctional Investigator
Ivan Zinger  Executive Director and General Counsel, Office of the Correctional Investigator

5:20 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Sapers, I think it was in your part of the presentation that you talked about how Bill S-6--I'm on the third page of the brief--will likely increase the period of time that long-term offenders will wait before receiving correctional programming.

Can I conclude that because it's going to be further down the road that they're going to get out, Corrections Canada will simply not make the programming available to them, or is it because they will not ask to have the programming made available to them?

5:20 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

Typically, your first assumption is correct. The way that CSC times programming is closer to the potential for conditional release.

5:20 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Okay.

Those are all the questions I have. Thank you.

5:20 p.m.

Conservative

The Chair Conservative Ed Fast

Thank you.

Mr. Dechert.

5:20 p.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Thank you, Mr. Chair.

Gentlemen, thanks for being here today and sharing your views with us.

Mr. Sapers, in your remarks you conclude by saying we need to strike a balance between measures that are designed to incapacitate and deter and measures that advance the principles of reintegration and rehabilitation.

My view of this bill, and the government's, is that this bill is not designed to incapacitate or deter. We're trying to reinforce the rights of victims and foster respect for them, their families, and their communities. We're trying to restore confidence in our criminal justice system. And we're trying to ensure that the sentences imposed by the courts are actually going to be served by first-degree murderers. That's what this bill is about.

We're not saying to anyone that this bill is going to incapacitate or deter. Obviously, it will incapacitate to the extent that first-degree murderers are going to spend a little more time in prison. They're not going to be able to commit another offence while they're in jail. But that's not the purpose.

I hope all Canadians understand the purpose of this bill: we're trying to design a system that respects the victims. You heard from the victims' ombudsman earlier about the great anxiety that victims' families go through when they anticipate having to go to a faint-hope clause hearing, and then to a parole board hearing. They may have to do this on multiple occasions, each time reliving the worst hours of their lives.

For every murderer, there is at least one victim. But for each of their victims, there are many family members and friends. There are whole communities. Some of these horrendous crimes that have happened recently traumatize entire communities. These communities are going to be traumatized again and again when these faint-hope applications are made.

Perhaps you could give that some thought.

You provided us with a list of countries that in your view have shorter incarceration periods than Canada. You mentioned New Zealand, Scotland, and Switzerland, and that's very interesting. But you didn't mention the United States, which, from my understanding of history, is the oldest democracy in modern times, our largest trading partner and closest neighbour. You didn't mention the average length of time first-degree murderers spend in jail in that country. I recognize that some states apply the death penalty, but many do not. Maybe you could inform us on that.

Also, I wonder if you could tell us about India. It's the world's largest democracy, with 1.3 billion people, and it's one of our fellow members of the Commonwealth. We have over one million Canadians of Indian heritage. I wonder if you could tell us what the stats are in India.

5:25 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

Thank you.

I'll take the question first and then address some of the comments.

I have to apologize to the committee. I don't have any statistics for India at my fingertips, but I will do what I can to get this information for you.

But I can tell you a bit about the United States. The average time spent for murder in the United States, taken across the board, is 18.5 years. The life for parole is 29 years. This excludes exits due to death, because people die under sentence; commuted sentences; and compassionate releases. So the United States is on one measure about the same as Canada. We're around 28 or 29 years. In another way of looking at it, there is about a decade less time served in custody in the United States.

5:25 p.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

I would like some clarification on the persons who serve 18.5 years. Is that for first-degree murder?

5:25 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

It is for those who have been sentenced to life. In the States, there is not always the same distinction that we have in our Criminal Code. We make a distinction in murder—first and second degree. That distinction is not carried across all jurisdictions the States.

5:25 p.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

First-degree murder is the most serious offence in our laws. Perhaps you could tell us what percentage of murderers who are incarcerated are first degree versus second, or—

5:25 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

I have that information and will share it with you. The numbers that I was sent from the United States are for individuals who are sentenced to life, so they are people who received a life sentence.

As far as the distribution of offenders is concerned, those serving for first-degree murder currently number 851 in custody nationally. Those serving for second-degree murder, the total national population in custody is 1,850.

The total count of those in custody yesterday was 13,863.

5:25 p.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

It's important that people understand that we're not talking about all murders in Bill S-6. We're only talking about first-degree murder.

5:25 p.m.

Correctional Investigator, Office of the Correctional Investigator

5:25 p.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

That's a relatively small number.

You've mentioned a number of other—

5:25 p.m.

Conservative

The Chair Conservative Ed Fast

Mr. Dechert, I'm sorry, but we're out of time. We're at 5:30.

I just want to thank our witnesses for attending. Your testimony is helpful, and we'll certainly take it into consideration as we complete our study of this bill. Thank you to both of you.

We're adjourned.