Mr. Speaker, I would not say I am pleased to speak to Bill C-644 because it is just another one-off bill by a government that is continuing, by a private member in a governing party, to complicate the criminal justice system at the end of the day in order to make the system work.
The purpose of the bill is yet another in a long line of punishment rather than any effort of rehabilitation legislation from Conservative backbenchers. It is designed to achieve the following or claim to achieve the following.
It would amend the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release and to require the reporting of those breaches to the appropriate authority. It would do absolutely nothing to enhance justice.
We cannot support the legislation because it is only based upon punishment and misses the point on making Canadians safer.
There are no costs attached to it and there will be substantial costs, both in real financial terms and in human terms as a result of the bill.
Reports by Correctional Services Canada and Public Safety Canada state that the rate of reoffending while on conditional release has been steadily declining. We should be making evidence-based decisions here. If the Conservatives were concerned with reoffenders, they should consider proven ways to limit reoffending, such as rehabilitation and other ways, in terms of which the Parole Board, which has the expertise, can deal with these issues.
Further, we question that the repercussions of the bill have been properly accounted for. There are no provisions for adequate resources for the enforcement of this policy, both within Correctional Services Canada and the Parole Board of Canada.
According to the definition from the Parole Board of Canada:
Conditional release includes those federal offenders conditionally released on day parole, full parole and statutory release...It contributes to the protection of society by allowing some offenders to serve part of their sentence in the community under the supervision of a Correctional Service of Canada (CSC) parole officer, and subject to conditions.
On average, for the past 10 years, approximately 8,500 offenders are participating in conditional release programs. Of these, approximately 5,500 are released under statutory release provisions. The remainder fall almost entirely under the day and full-time parole category.
According to the Parole Board of Canada, “All federal offenders serving determinate sentences are entitled to statutory release after serving two-thirds of their sentences”.
This provision does not apply where it is determined an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence including a child, or a serious drug offence.
According to the Parole Board of Canada's 2013-14 performance monitoring report on successful completion rates for federal conditional release, the following is stated: full parole, 90% successful completion; day parole, 85% successful completion; and statutory release, lower, at 62% successful completion.
It shows the importance of gradual entry into society under the Parole Board system.
The Parole Board has examined the issue of low successful completion rate for those on statutory release and provided the following remedy.
This is from a Parole Board document. It states:
Over the last ten years the successful completion rate on statutory release for offenders who had a day and/or full parole supervision period prior to a statutory release supervision period on the same sentence was on average 11% higher than the rate for offenders who had no prior supervision period. Two possible explanations for this are:
1. Offenders that had a day or full parole supervision period prior to statutory release are less likely to reoffend and this is part of the reason they had the prior supervision periods.
2. Offenders that had a day or full parole supervision period prior to statutory release have learned from their time in the community and are thus more likely to successfully complete statutory release.
The whole point is the importance of parole: gradual entry into the community, the Parole Board, officials with the Parole Board and supervisors on the ground working with these inmates as they re-enter society.
The report confirmed:
In the last ten years, violent reoffending on statutory release was considerably lower for offenders who had a prior day and/or full parole supervision period...
While there are a number of conditions, it is important to consider what conditions, if breached, would be criminalized if Bill C-644 were passed: if an offender leaves the residence and forgets the release certificate; failure to report any change, regardless of significance, in the domestic or financial situation of the offender; and any change to the offender's normal occupation, including employment, vocational or educational training and volunteer work. Those are minor, and the bill gives the Parole Board and others no option but to throw away the key and lock them up for a little longer. Will that do anything for society? I do not think so.
Breach of any of these conditions could, with Bill C-644, result in a criminal charge being laid, which could result in the offender being liable for a term not exceeding two years in prison. Yes, serious breaches need to be dealt with, and dealt with harshly, but the ability to do that right now is already there with the Parole Board.
Bill C-644 would also require a parole supervisor to report a breach of condition, not only to the Parole Board of Canada but to Correctional Service, the Attorney General and the police force which has jurisdiction.
If one takes note of the Parole Board's decision-making policy manual, it is clearly evident that the relationship between the Parole Board and local police authority is already well established.
Under the provisions of the Correctional and Conditional Release Act, section 161, the police are very much involved in the process involving parole and statutory release offenders, and a critical component of the supervision of those offenders, if required.
It is my opinion that members of this party cannot support the legislation because the measures are excessively punitive and do not address the real issue, which is how to ensure high profile offenders do not offend again. The Liberal Party of Canada believes in relying on facts and evidence, particularly when changing laws that alter our criminal justice system and affect the public safety of Canadians.
Evidence provided by Public Safety Canada itself confirms that the vast majority of inmates on conditional release, which includes full and day parole, and statutory release, do not breach the conditions of their release, and this success rate is steadily increasing over the past decade.
Clearly this legislation is unnecessary, whether it is one-off for political gain in the member's riding, I do not know, and it will actually jeopardize the Criminal Code of our country.