Public Safety Committee on March 10th, 2020

[The Chair, Liberal, John McKay]

Mr. Iacono.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Thank you, Mr. Chair.

First, I would like to offer my sincere condolences to the family and friends of Marylène Levesque.

I know that the tragic event that took place on January 22 was highly publicized in Quebec. However, let me point out that, according to a 2019 research report by the Correctional Service of Canada, the province of Quebec is one of the provinces with the lowest violent recidivism rate and the lowest overall recidivism rate in Canada.

My first question is for Ms. Kelly.

In 2004, Mr. Gallese had already been sentenced to a heavy sentence after murdering his wife, and he was known to the authorities for his very jealous and obsessive nature with his wife and women in general.

Don't you think it was very unwise to allow him to go to erotic massage parlours, often with very young women as staff?

[Anne Kelly]

First, as I said in my opening remarks, I want to make it clear that the service does not support the solicitation of sexual services by offenders.

Again, in terms of the process, in the case of individuals who have been sentenced to life, they have parole eligibility dates. While they're incarcerated, we provide a correctional plan where they have to go through certain interventions and different programs. If the risk is reduced, there is a discussion with the case management team. If the team supports a release, we ask for a community strategy. Then the offender must appear before the board, which will grant or deny the release.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Thank you.

Ms. Kelly, a document from the Correctional Service of Canada states that between 2008 and 2018, the success rate among inmates released on parole increased from 48% in 2008 to 61% in 2018, despite some tragic cases, such as that of Marylène Levesque.

Could you tell us about the work that the Correctional Service of Canada has undertaken in recent years and that has contributed to this decrease?

[Anne Kelly]

Yes, absolutely.

First, in the Correctional Service of Canada, there's always room for improvement. Of course, we often look at our policies to see if we need to adjust them. Much of the decrease is because of our programs. We have correctional programs that deal with things like substance abuse, domestic violence, and violence. Those programs are very effective. I'm sure Mr. Motiuk can speak to that, but we are seeing a significant drop in the recidivism rate of offenders who take those programs.

When there are audits or reports, we take the recommendations seriously and make changes to our policies. That is why, over the years, the success rate has increased. For day parole, five years ago, the success rate was 89.3% and now it is 92.2%. As for full parole, five years ago, the success rate was 85% and now it is 90.5%.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Thank you.

Ms. Oades, can you tell me whether the mental and psychological health of inmates is considered when assessing their potential eligibility for day parole?

[Jennifer Oades]

When they appear before the Parole Board, the Parole Board reviews all available information. This includes the judge's comments, Crown comments and police comments. It includes psychological assessments and psychiatric assessments. It includes everything that the board considers relevant and reliable information so that they can make an overall decision. So, yes, they do consider their—

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Thank you.

[The Chair, Liberal, John McKay]

You have 40 seconds.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

I have one last question.

Could we attribute this violent recidivism to a lack of staff at the Parole Board of Canada?

If not, generally speaking, can you give us some ideas for changes to reduce the rate of violent recidivism?

[The Chair, Liberal, John McKay]

Answer very briefly, please.

[Jennifer Oades]

No, we do not have a shortage of staff in the Parole Board.

In terms of the appointment of board members, it's always a churn. Where we would like to be would be somewhere about 90 board members, a combination of part time and full time. We're at 78 right now; some term off and some term on.

[The Chair, Liberal, John McKay]

Thanks very much.

Ms. Michaud, you have six minutes.

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

Thank you, Mr. Chair.

Ladies, thank you for your testimony.

I would also like to begin by extending my condolences to Ms. Levesque's loved ones.That's sort of why we are here today. We are here in her memory and to ensure that such cases do not happen again.

In each of your testimonies, there were several important aspects. In particular, you said that a release plan had been proposed and that it included an element that would allow offenders to solicit women for sexual purposes. You said that the board categorically rejected that. However, it happened anyway. Was it the parole officer who decided to follow that plan anyway?

[Anne Kelly]

At the time of the hearing, I believe the chair said there were concerns. Day parole was extended for six months. However, it was made clear that this type of activity was not to continue. We do not support that at all.

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

Even though you rejected that and don't support it, the officer decided to go ahead with his plan and allow Mr. Gallese to solicit sexual services anyway.

[Anne Kelly]

No. The board of investigation will look into what happened after the Parole Board hearing.

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

So at this point, it's unclear whether the board was aware that Mr. Gallese was going to massage parlours.

[Jennifer Oades]

Yes, they were made aware of that. They said that this could not happen at all, to stop immediately this activity, and included as a condition of his release that he was to report any kind of relationships with women, sexual or non-sexual, to his parole officer.

The board of investigation will hopefully shed some light on what happened between the period that he was instructed that this was not to happen and the murder of Marylène Levesque.

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

That is when the condition was put in place that he had to report any relationship, sexual or otherwise, with women. Was his relationship with Ms. Levesque reported at that time?

[Anne Kelly]

The board of investigation is going to look into it.

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

Okay.

He had a parole officer in the community. Is that correct?

[Anne Kelly]

Yes.

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

How often did he meet with his officer to assess his behaviour?

[Anne Kelly]

The frequency is established during what is called “pre-release”, and is confirmed during the first meeting with the offender.

Again, I can't speak to that specific case, but I can explain that there are several levels of contact frequencies. There's the intensive level, where the offender has to be seen face-to-face eight times a month. There are also levels A, B and C, where the offender must be seen either two or four times a month. All of this is based on the risk the offender presents and the offender's needs.

The level of intervention can be reviewed at certain times, once there has been some stability in the community. A case conference is then held between the parole officer and the supervisor.