Mr. Speaker, I also rise to speak to this legislation from the perspective of the context in which we have to address it and the attempt by the government, in a very undemocratic fashion, to do an end run around a vote that took place in the House approximately three years ago on the precursor bill, Bill C-9, which the government brought in shortly after it was elected in 2006. It was the first crime bill that the Conservatives brought in.
In the 2006 election, both the Conservatives and the NDP ran their platform around the issue of eliminating the use of conditional sentences for serious violent crimes. That was the terminology, and it was almost identical in both party platforms.
Bill C-9 came forward, but that was not what it attempted to do. As so often happens with the Conservative Party, it was a huge over-reach.
Bill C-9 would have eliminated the use of conditional sentences for 40 or 45 sections of the Criminal Code. Were these sections all dealing with serious violent crime? We have to remember that the Conservatives promised Canadians in their platform to eliminate conditional sentences.
There were sections in there about altering data in a computer. That was an offence and the conditional sentence would no longer be used after that kind of conviction. There were sections about forging a testamentary document. It was the same thing. That is not a violent crime. There was a whole list of these.
Accurately, as was described by some members who spoke earlier, the combined opposition parties moved to bring the bill to committee. We in the NDP told Canadians that we would remove the use of conditional sentences for serious violent crimes, and we did that, and then we eliminated the other sections. We complied with what we had said to Canadians. We were quite happy to do that because it was what we had promised. We accomplished one of the promises we had made to the electorate.
Bill C-9 came back to the House and a substantial majority voted for it. I think the Conservatives might even have voted for it, but I cannot remember. I should have checked that. The bill went on to the Senate where it was approved and became law and is law to this day. That was a promise made and a promise kept, as opposed to what the Conservatives would have wanted to do.
Following the way of their straight partisan politics, the Conservatives have now decided to bring Bill C-42 forward, along with many other bills, and are attempting to convince the Canadian people that they are tough on crime. I would like to emphasize toughness not smartness.
It was interesting to note the evidence that came out in the course of the debate in committee on Bill C-9 and to a lesser degree when it came back to the House. I remember both the justice minister and the minister for public safety and national security appeared before committee. In both cases they were asked if they knew how many more people were going to be incarcerated and if they knew how much that was going to cost.
Let me digress on this point and explain how conditional sentences work. A judge has to determine that he or she would not sentence a person eligible for a conditional sentence to incarceration in an institution for more than two years. In effect, they would be sentenced, if they were going to be incarcerated, to a period of time of two years less a day. If anybody understands the system in this country, all of those sentences of two years less a day are served in provincial prisons.
Let me go back to the two questions of whether they knew how much it was going to cost and did they know how many were going to be put in? In both cases, the ministers did not know.
I and some of my colleagues from the other parties dug out that information regarding that long list of 45 offences that may no longer be eligible for conditional sentences. All those people would then go to jail for two years less a day. I want to be clear on this. This was information that came from within the Department of Justice. Let me repeat that. The source of this information in writing was the Department of Justice. It turns out that 5,000 more people would be put in provincial jails. Of course, the ministers did not have to worry about that, did they? Not a dime of that was coming out of the federal coffers. They were just dumping this problem of 5,000 more inmates on the provincial system.
Knowing how much it costs per year for an inmate, we estimated that those 5,000 additional inmates in our prisons at the provincial level would cost the provinces in the range of $250 million to $500 million a year. There are many provinces that would like to be able to spend that money.
Because there was no way that the provincial systems could accommodate 5,000 additional inmates with their existing number of beds, there would have to be additions built on to the existing provincial institutions or new ones built. The estimate of what it would cost for capital was in the order of $1.5 billion to $2 billion. Is the federal government going to contribute any of that? Were those two ministers going to have to take it out of their budgets? Absolutely not.
It is important to understand that context because we are faced with the same situation with this bill. If I asked the Minister of Justice or the Minister of Public Safety, who is responsible for corrections, they would not be able to tell me. They would not be able to give me an answer. I am absolutely convinced of that. In fact, last week in the Globe and Mail we saw the article and the editorial attacking the government for refusing to disclose what information it has and what analysis it has done.
I want to be very clear. The analysis that the Minister of Public Safety has done has not taken into account the drug bill that has gone through the House and is sitting in the other place waiting for passage. If that bill and this one pass, he has not done an analysis of how many more inmates there would be. He has not done that.
In spite of the fact that we hear constantly from the Minister of Justice that he keeps being reassured by the Minister of Public Safety that we have lots of space in our federal prisons, it does not matter. He is wrong, by the way, and I am going to come back to that in a second. It does not matter because these people, under Bill C-42, are all going to go into the provincial system.
It was interesting to hear two of my colleagues, one from my party in Quebec and one from the Liberal Party in New Brunswick in the last couple of days tell me that the judges at the provincial level have been told not to send people to jail for weekends because the provincial institutions no longer have space for any of them. They have to put them on probation. That is the reality of what we are faced with at the provincial level and it is true in every single province and territory in this country.
We have signed international protocols that require us to have one inmate per cell. We are breaching that international protocol as much as 50% of the time, particularly at the provincial level but also at the federal level.
Let us go back to the federal system and the assurances—I wanted to use a term that is unparliamentary and I am looking for a synonym—that lack credibility from the Minister of Public Safety.
The head of Correctional Service of Canada, Mr. Don Head, has made it very clear at committee hearings and in the public press in the last month that we do not have the capacity at the federal level, that we are regularly double-bunking, and triple-bunking in some cases, per cell. We are not meeting our international requirements and promises we have made. We do not have that capacity.
Last week the Globe and Mail attacked the minister and the government, because the minister is refusing to disclose the analysis he had done and how much it will cost. That does not take into account these two bills, the one that is before us today and the drug bill that is before the other place right now.
Because of the information we do have up to this point and we will get more, and with the support of the Liberals the bill will obviously go to committee, we will be voting against it. I am quite comfortable in saying that we will see similar numbers, 5,000-plus inmates being incarcerated in our prisons, if this legislation and the drug bill go through. Let me repeat that it will cost the provinces hundreds of millions of dollars a year. It will cost the provinces a huge amount of capital dollars.
It will depend on what our judges do with it. They may say that they cannot send convicts to provincial jails any more, so they may move the sentence up to two years plus a day, or two and a half years or three years and they would then go into the federal system. That would severely impact on the number of inmates at the federal level. It is a realistic possibility, if not a probability, that our judges will start to do that.
I want to make one more point about the cost issue. We always hear from the Conservatives, which is partly why the Liberals run scared on it, that we are soft on crime. I want to use an example in the United States. I think we could argue that most of the states, and Texas and a couple of other southern states in the U.S. may be ahead of them, but California has led the way in throwing people into prison in huge numbers.
Just so we are clear on that, our incarceration rate in Canada is about one-seventh of what it is in the United States. However, it is also the highest of the western democracies after the United States. Japan has an incarceration rate of roughly 60 per 100,000 population. Ours right now is running at about 110 to 120, in those ratios, which is almost double that of Japan. Western democracies in Europe, Australia and New Zealand are running 80 to 90 per 100,000. The United States is running 700-plus per 100,000.
California was one of the states that led the way in getting tough on crime, with the right-wing Reagan-Bush type of agenda, followed very closely by the Conservative Party in this country. In the last few months, Arnold Schwarzenegger, the Governor of California, that person who is really soft on crime, has been compelled to begin to release--he is doing it himself; he has to sign each one of them--thousands of inmates on early parole, including a large number who had been convicted and were serving time for serious violent crime, because the state can no longer afford to pay for it. The prison costs in California exceed what the state spends on post-secondary education. It is part of the bankruptcy with which that state is confronted right now. In order to deal with that, he is having to release thousands of inmates on early parole.
That is a very clear model of what would happen if we follow the agenda followed by the United States and the State of California, which the governing party wants us to follow. I want to juxtapose that with the use of conditional sentences. What came out very clearly in the review of Bill C-9 two and a half years ago was that it is working.
The Conservatives come up with these individual cases where our courts clearly can be said to have overused the conditional sentence. We can always find those cases.
I am a great defender of our judiciary. Having practised law all those years, having analyzed our judges and having analyzed judges in a whole bunch of other countries, I firmly believe that we have the best judges in the world. However, they are human. They make mistakes. We should not be deriving from those mistakes principles that guide us on how we are going to pass legislation around convictions, around sentencing. That should not be the way we do it.
What we should do is look at what has happened since we brought in conditional sentences. It was very clear from the evidence that we took in the review of Bill C-9 that it is working. The recidivism rate is about one-third what it is versus those we incarcerate, 30-plus per cent of those we incarcerate, down around 10% and in some cases, depending on what the charges are and what the convictions are for, as low as 8% and up to 12%, but on average, around 10% or 11% is the recidivism rate.
We hear the anecdotal stories and we hear people say that they are standing up for the victims. What they are standing up for is a system that is going to victimize more people down the road because 30% of the inmates are going to become recidivists and are going to go back and commit oftentimes more serious crimes than the ones they first went in for. We know that prisons train people to do that. Where are they in terms of defending those victims, the future ones who inevitably are going to be a result of these types of policies?
We are going to be voting against this bill at second reading. If the bill gets through the committee and comes back to the House, we are going to be voting against it at third reading. This legislation is the wrong approach. It is going to victimize a large number of additional Canadians as opposed to the alternative of what we have now. It is very clear that as our violent crime rate continues to drop, a good deal of that is because we began using a number of principles around restorative justice, including conditional sentences. Our system is working.
It is interesting. I sat for a number of years on the public safety and national security committee. People from all over the world came to look at what we were doing because our system was working. They were seeing us drop our violent crime rate. They were seeing that we were moving quite dramatically away from the U.S. experience and that it was working. Conditional sentencing was one of the things they would come to take a close look at to see how it worked. In many cases, I understand, they are beginning to look at implementing it in other countries that were not using it before they saw ours.
It is a system that works. Is it perfect? Absolutely not. Are our judges human? Yes, they are. Do they make mistakes? Absolutely, they make mistakes. However, it is still the best system, and it is far superior to what is being proposed under this legislation.