Mr. Speaker, I would like to advise the Chair that I will be splitting my time with the hon. member for Wild Rose.
Before I give my comments on the legislative initiatives proposed in this bill, I want to make clear to my constituents that the Prisons and Reformatories Act only applies to persons sentenced for a federal offence and are being held in a provincial correctional facility. This would mean any convict sentenced to less than two years.
On the surface, the measures proposed in Bill C-53 seem to make sense. Apparently the new provisions have been requested by the provinces and territories. I have not had a chance to check with any of the provincial ministers about the measures the federal government has proposed, however I trust that the Standing Committee on Justice will do this during the clause by clause review of the bill. I hope the Liberals will allow the committee to do its job. Its previous record is not very good.
As I worked my way through the bill, I noted some obvious omissions. I do not know whether these were by design or by bureaucratic oversight. Before I could give my wholehearted support for Bill C-53, a number of amendments would have to be made.
Let me explain. Clause 2 of the bill, which amends section 7 of the act, states that the purpose of the temporary absence programs would be to contribute to the maintenance of a just and peaceful and safe society by facilitating the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.
If I had been given the job of writing this bill, the stated purpose of temporary absence programs would go something like this. To reward convicts who have served the majority of their sentences in an exemplary fashion, to demonstrate to other prisoners the value of good behaviour and the fairness of the merit release process, to permit offenders to participate in work programs or get a job in order to make restitution to their victims, to compensate the state for the costs of their incarceration and, ultimately, to deter them from committing crimes in the future.
It is refreshing, I will admit, to see a government bill that started out by including a statement of principles. This is the first thing I look for because if the government does not get the principles right, then the resulting legislative measures will never be right.
The first thing I noticed was the absence, and hopefully it is just a temporary absence, of the most important principle, namely that the protection of society is to be of paramount consideration in the determination of any case. Why was that paramount principle omitted? The government included such a principle in the Corrections and Conditional Release Act. Why is it missing from the Prison and Reformatories Act?
Even the legislative summary prepared by the law and government division of the research branch of the Library of Parliament states: "This bill seems to give less importance to the protection of society than does the Corrections and Conditional Release Act". That is a serious deficiency.
I have dealt with the most important missing principle. I would like to note some other deficiencies in the other principles in Bill C-53. As it is currently worded, the second principle states that: "All available information relevant to the case be taken into account". Here is the key question. What does the government mean by all available information? Does it include victim impact statements? Does it give victims the right to be heard at any review to consider release of an inmate under the temporary absence program? If it does not, it should.
I also recommend that the bill include a definition of the term all available information and a list of the types of information that should be taken into account by the designated authority during any review process.
The third principle states that prisoners be provided with relevant information, reasons for decisions and access to the review of decisions. Does this mean that only prisoners are to be provided with relevant information? If the Liberal government is as concerned about the victims' rights as it says it is, then why are they not included in this principle?
I know that the fourth principle says that the designated authority may provide for the timely exchange of relevant information with other participants in the criminal justice system and make general information about temporary absence programs and policies available to prisoners, victims and the public.
However, I am sure even Liberals will agree that the victims' rights are at least as important as the right of prisoners. If so, then the third principle must be amended to read, and I quote what should be in there: "That prisoners and their victims be provided with relevant information, reasons for decisions and access to the review of decisions". Unless that is included I cannot support the bill.
I also have some concerns about the new power being given in this bill to the provinces, that is, the power to appoint any person or any organization as a designated authority. If Bill C-53 is passed into law, then any person or any organization so designated by the province would be responsible for authorizing temporary absences for prisoners in that province.
In the current legislation the province has the power to appoint an officer to make decisions regarding temporary absences. At least an officer paid by the government can be held accountable. How can the government hold any person or any organization accountable? That is a key question.
Citizens are already concerned about the lack of accountability in the corrections system. Citizens are attacked, injured, robbed, maimed, murdered by convicts out on temporary release and no one is to blame. The new victim is not even allowed to sue the government for its mistake. This a concern for me as well, not just my constituents.
I recommend that the wording of the current act be retained. At least if the designated authority is an officer, then some form of direct accountability can be guaranteed. If the designated authority is a sentencing circle or some do gooder or some prisoners rights society, then how will accountability be guaranteed by the government? Canadians are asking for more accountability, not less. This bill is moving in the wrong direction. This is a serious flaw.
The next section deals with the reasons for the so-called designated authority to authorize a temporary absence. The reasons do not list the most important reason for a temporary absence. That should be, and I hope that this quotation will go into the bill, to participate in work programs, to make restitution to their victims and to compensate the state for the cost of their incarceration and ultimately to deter them from committing other crimes in the future. That is common sense. That ought to be in there. It is a serious flaw that it is not included.
Finally, there should be a section in this bill which deals specifically with the accountability and liability of the government
and the designated authority if a convict they let out on temporary absence commits another crime.
I do not need to remind members on this side of the House, but maybe the Liberal members on the other side need a little reminder. Daniel Gingras was on a temporary escorted absence to the West Edmonton Mall when he escaped, subsequently killing and raping several citizens.
I understand that dangerous criminals like Gingras should not be held in provincial institutions. In this job I have come to realize that a lot of things happen that just do not make sense. Therefore I think it is absolutely essential that victim rights come before prisoner rights and that the protection of society come before the rights of a prisoner to temporary release.
There is only one way I know to put these principles first, give Canadians the right to sue the government for its mistakes. If given this right to sue the government for injuries and damages caused by its mistakes I guarantee there would be a lot fewer mistakes.
In conclusion, this bill looks good on the surface but we need to go beyond impression and make sure we get it all right. It must promote responsibility and accountability. It must give victims more rights than criminals.
The Liberals always say they listen and they want constructive suggestions. I hope they are listening and will take these constructive suggestions into account. I hope the proper amendments will be made so that I can support this bill.