Mr. Speaker, I am pleased to rise to speak to this profoundly important bill before the House. Bill C-54 is one that calls for all parliamentarians to reach deeply into their experience and their commitment to making good sound public policy in the country and it calls upon us to balance some of the most important values that we have, not only as parliamentarians but as Canadians.
The proposed legislation will amend the Criminal Code to create a process for the designation of “not criminally responsible” accused persons as high risk where the accused person has been found not criminally responsible of a serious personal injury offence and there is a substantial likelihood for further violence that would endanger the public or, alternately, in cases in which the acts were of such a brutal nature as to indicate a risk of grave harm to the public.Those designated as “high-risk” accused persons will not be granted a conditional or absolute discharge and the designation can only be revoked by the court, following a recommendation of the review board. It is important that this designation will apply only to those found not criminally responsible and not to persons found unfit to stand trial.
The proposed legislation outlines that a high-risk accused person would not be allowed to go into the community unescorted and escorted passes would only be allowed in narrow circumstances and subject to sufficient conditions to protect public safety. Also, the review board may decide to extend the review period for up to three years for those designated high risk, instead of annually. The high-risk NCR designation would not affect access to treatment by the accused.
This bill would also speak to the very important role of victims in this important matter. These changes would ensure that victims were notified upon request when an accused who had been found guilty and received a not criminally responsible designation was discharged. It would allow non-communication orders to be issued between the accused and the victim. Finally, it would ensure that the safety of victims be considered when decisions were being made about an accused person.
Provisions in the proposed legislation would also help ensure consistent interpretation and application of the law across the country. These proposed reforms would not change the existing Criminal Code eligibility for the exemption from criminal responsibility on account of mental disorders.
This is a very difficult issue for victims, families and communities and for all of those involved in the criminal justice system, from the police to the prosecutors to the defence bar to the judiciary. Public safety must come first when complying with the rule of law and the Canadian Charter of Rights and Freedoms, but it calls on very important balancing to be done. A number of recent cases that received significant media attention in Canada raised questions about the appropriateness and effectiveness of the current approach. In particular, we want to know how we can help victims better in the process and deal sensitively, fairly and effectively with not criminally responsible offenders.
In the coming weeks, we New Democrats want to talk with mental health experts, victims and members of the bar in provinces to find out what they believe is the best approach. It is important to note that we New Democrats do not want to play political games with this file. We must focus on the policies, merits and serious issues that are involved in this matter.
I want to talk about some things that jump out as inherently positive from the bill. First, Public safety as a paramount consideration is important to note. Second, increasing the involvement of victims in the process is something that will find favour on all sides of this House. Third, the ability of victims to be notified, to have non-communication orders issued and to have their own safety be considered in all matters respecting a not criminally responsible offender are all laudable goals.
It is positive to have review boards have the option and not the obligation to extend the time for review and it is something that will expand the efficiency of our system. However, it is important to note that there are important causes for concern and pause here.
This bill proposes that there be a limit to the number of community visits for high-risk accused persons. That introduces the concept of having mandatory minimum approaches to this area of the law that I think is so typical and characteristic of the Conservative approach to crime, which study, statistics and experience of jurisdictions around the world have shown to be such an utter failure. There is also a legitimate concern about charter compliance and, very importantly, unjustifiable stigmatization of those with mental illness.
I want to address something that I think the Minister of Natural Resources mentioned a couple of hours ago, and that is the fact that a very sizable proportion of offenders who get NCR designations had some experience with the law prior. In fact, a very sizable percentage of those people had been incarcerated before. It is very important for us to note what kind of assistance is available to people with mental health issues in the current federal justice and penal systems and what the Conservatives' record is on dealing with the people who have experience with our criminal system before they get NCR designations.
There was a committee prepared in December 2010 entitled, “Mental Health and Drug and Alcohol Addiction in the Federal Correctional System”. In that report, after exhaustive study across this country, visiting some 20 federal institutions and hearing from all kinds of witnesses, there were 71 recommendations made to the government to deal with mental health in our prison system. Those recommendations were for the very people whose mental health issues first emanate in our system and end up getting NCR designations in many cases. These were some of the things recommended.
Recommendation 1 stated:
That the federal government, in cooperation with the provinces and territories, make a commitment to and a serious investment in the mental health system, in order to ease the identification of and access to treatment for people suffering from mental health and addictions before they end up in the correctional system.
Recommendation 3 stated:
That the federal government work with provinces and territories in order to ensure that police officers, Crown prosecutors and other key players in the criminal justice system be trained to recognize the symptoms of mental health problems, mental illness and drug and alcohol abuse so that they can direct offenders to the appropriate treatment services.
Recommendation 4 stated:
That the federal government work with the provinces and territories on early identification of mental health and addiction issues affecting offenders in remand, and secure access to treatment services for them in order to address conditions that are so often precursors to escalating crime and incarceration.
Recommendation 5 stated:
That the federal government support the creation and funding of more drug treatment courts to divert offenders with addictions to treatment centres and mental health courts to divert those with mental health needs to appropriate services.
Recommendation 17 stated:
That Correctional Service Canada work towards a psychologist/patient ratio of no more than 1:35 at all federal institutions.
That was evidence received from the Canadian Psychological Association.
Recommendation 19 stated:
That Correctional Service Canada add psychiatric nurses and nurses at every federal institution.
Recommendation 21 stated:
That Correctional Service Canada place a renewed focus on individualized treatment for all offenders with diagnosed mental health conditions, including addiction issues.
Recommendation 28 stated:
That Correctional Service Canada cover the cost of all medication prescribed to treat mental illness of offenders on conditional release in the community through warrant expiry.
Those are just a handful of the 71 recommendations made three years ago to the government. Do members know how many recommendations the Conservatives have put into practice? Not one, not one of 71 recommendations, yet the Conservatives stand in the House when there is a serious media story of someone who finally commits a serious act, someone who has been involved with the correctional system, and want to pass a law that deals with the aftermath.
Here is the difference between the New Democrats and the Conservatives. New Democrats want to work to prevent crime from happening in the first place. New Democrats care more about victims than the Conservatives do because we want to make sure that there are no victims in the first place. Instead of trying to deal with the aftermath, the shattered lives of victims after crimes have been committed, New Democrats will actually put money and resources into the system, unlike the Conservatives. Instead of chasing cheap headlines and cheap answers that do not work, we will put the resources in so that people suffering from mental health in this country get the treatment they deserve that will keep them out of the penal system, out of the courts and, most importantly, keep our communities safe. That is the sensible approach to mental health in this country. That is a sensible approach to deal with people in the criminal justice system. It is the only way we are going to make the public safe in this country. That is the New Democrat way.