House of Commons Hansard #338 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was inmates.
The House resumed from October 18 consideration of the motion that Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be read the second time and referred to a committee, and of the amendment.
Corrections and Conditional Release ActGovernment Orders
Yvonne Jones Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.
Mr. Speaker, it is a pleasure to be here to speak to this bill. Over the last couple of days, I have heard a number of speakers in the House who have had varying and interesting opinions with respect to this bill. I think it is safe to say that a lot of work and extensive consultation went into getting to where we are with Bill C-83 at this time.
I want to start by congratulating the people who work in our correctional centres across this country. Many of them I have had the opportunity to meet at many different institutions, and some of them I know personally, so I know that their work in our institutions is often not valued in the way it should be. I really believe that the work they do is exceptional and in the best interests of ensuring safety for all who are in our institutions, including themselves.
A correctional institution is a unique environment. I believe that all Canadians realize that. They also realize that it needs to be controlled and managed effectively. Doing so in the best interests of the people who work there, the inmates and, ultimately, public safety is going to be truly important and a key to success.
When inmates are at risk of causing harm to themselves or others, it really puts our correctional institutions to the test in handling those risks and challenges and mitigating any harm that could come. Correctional staff are tasked every day with making sure that everyone is safe. They need to factor in physical and mental health concerns and consider inmates' correctional plans. High-risk inmates can pose serious management challenges, and in all cases, safety is paramount.
Today we have a new opportunity to move forward with a bold new approach to these challenges. Bill C-83 would eliminate the use of segregation in the Canadian federal corrections system. In its place, the bill would create what are called structured intervention units, or SIUs. SIUs would provide an appropriate living environment for inmates who could not be maintained in the mainstream inmate population for security or other reasons. An inmate could be transferred to an SIU only if the commissioner or delegated authority was satisfied that there was no other reasonable alternative and that the inmate's stay there would end as soon as it possibly could.
The SIUs would provide inmates with the opportunity for meaningful human contact through programs. They would allow for interventions and services tailored to respond to their specific needs and risks. We have already heard from many of my colleagues about some of the specific needs that are currently not being met and that are causing unsafe and harmful practices.
Structured interventions would address the underlying behaviour that led to an inmate's placement in an SIU. Correctional programming would continue. I think it is important that people understand that.
During their time in an SIU, inmates would have an opportunity to spend a maximum of four hours a day outside their cells. That is double the number of hours in the current segregation system.
As the bill stipulates, an inmate's stay would be subject to ongoing monitoring, including monitoring of their health while in a structured unit. A registered health care professional would visit the inmate in an SIU at least once every day.
These are welcome changes that would make correctional institutions safer and enhance the safety of Canadian communities.
I should have said at the outset that I will be splitting my time with the member for London North Centre.
As I said, a registered health care professional would visit the inmate at least once every day. This is necessary because of the health care needs of certain incarcerated individuals. However, it is important to say that this bill would include additional measures that would strengthen our corrections system. It would establish a patient advocacy service to ensure that inmates understand their rights and get the medical care they need. This would not only address the concerns raised at the inquest into the death of Ashley Smith, who was in segregation at the time, but would address calls from the Office of the Correctional Investigator.
Providing health care in a correctional institution is a challenging job. It requires a unique skill set that can make a real difference in improving living conditions within a correctional institution and in contributing to better safety. The bill would affirm the obligation of the service to support these health care professionals in maintaining their autonomy and clinical independence.
The service would also have an obligation to ensure that systemic and background factors unique to indigenous offenders were considered in all correctional decision-making. For the first time, that obligation would be enshrined in law as a guiding principle. That could mean, for example, that if an indigenous offender was placed in an SIU, individual or small group interventions would be tailored to their particular needs. Under this model, resources such as elders, aboriginal liaison personnel and specifically trained parole officers would provide culturally appropriate and responsive interventions for indigenous offenders. This would support calls to action 30 and 36 of the Truth and Reconciliation Commission, and it would advance key mandate commitments to address gaps in services for indigenous people and those with mental illness throughout the criminal justice system.
This focus on indigenous inmates would complement steps the government has taken to enhance indigenous communities and to invest in the rehabilitation and safe reintegration of indigenous people who have come into contact with the criminal justice system. In budget 2017, we allocated $65.2 million over four years to address the overrepresentation of indigenous people in the criminal justice and correctional system. Of that money, $10 million has been allocated to indigenous community corrections initiatives. Under this program, public safety support projects help previously incarcerated indigenous people reintegrate safely and productively into their communities.
As I close, I feel that it is helpful to look at this proposed legislation in a much larger context. Overall, Canada is a very safe country, but we must not take that for granted. Strengthening our correctional system is an ongoing process and one that requires our constant attention. Bill C-83 would take us further down that path.
Our government wants to help ensure that we not only hold guilty parties to account for illegal behaviour but that we also create a custodial environment that fosters rehabilitation. The goal is fewer repeat offenders, fewer victims and safer communities.
While there is much more work to do, Bill C-83 would bring us closer to where we need to be. I encourage all members to join me in supporting Bill C-83 and in supporting those Canadians who are asking for this reform and modernization of the correctional centre program.
Kelly McCauley Conservative Edmonton West, AB
Mr. Speaker, I would like to know if the government has actually costed out these changes. When I look at the departmental plan for Correctional Service Canada, I do not believe government members have read their own plan that the Public Safety Minister signed off on. It shows over five years an 8.8% cut in funding, including inflation, for correctional services. Further, the departmental plan produced by the government, and signed off by the public safety minister, calls for a reduction in the number of correctional services officers.
I am curious to know if the government has done its homework on what the cost is going to be. How does it justify that and balance it with the fact that it is calling for significant cuts to correctional services at the same time?
Corrections and Conditional Release ActGovernment Orders
Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.
Mr. Speaker, investments we have made as a government over the last two years in correctional services are making a change within our system. We are a government that has really been focusing hard on rehabilitation. We have been focusing hard on providing alternate correctional services for those who require them, whether that be mental health services or other services, while incarcerated.
The goal of the Government of Canada is to ensure that we reduce the number of victims and also reduce the number of repeat offenders in the Canadian judicial system. By offering the programs we are proposing and making the amendments in the bill today, we will be keeping all Canadians safer.
Sheila Malcolmson NDP Nanaimo—Ladysmith, BC
Mr. Speaker, indigenous women make up 2% of Canada's population but 38% of women in prison. Eighteen of the 94 calls to action from the Truth and Reconciliation Commission were about justice reform. There has been virtually no progress on most of them, according to witnesses at the status of women committee.
The legal counsel for the Native Women's Association, who appeared before the status of women committee, described solitary confinement as “a particularly cruel practice for women with histories of trauma and abuse, another area in which indigenous women are overrepresented.... [They are] particularly vulnerable to the harmful effects of isolation.”
Bill C-83 does not seem to have a lot of friends who think that the government's actions are the right thing to do. Kim Pate says it would virtually eliminate “already inadequate limitations on its use.” Ivan Zinger, the correctional investigator, says “[t]here's no procedural safeguard” in Bill C-83. The Elizabeth Fry Society says that this legislation would not meet its needs.
Could the member let me know which indigenous women say this is going to make their lives better, because it sure does not sound like it to us?
Corrections and Conditional Release ActGovernment Orders
Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.
Mr. Speaker, I always appreciate it when members in the House continue to raise the calls to action from the Truth and Reconciliation Commission.
Bill C-83 would address two of the specific calls to action, number 30 and number 36, in the report of the Truth and Reconciliation Commission.
This is being done right across government. We have responded to nearly three-quarters of the recommendations in that report. Some action has been taken on all those recommendation that could be actioned by government, but many of them are outside the government's purview, as members may know.
Bill C-83 would have a meaningful impact on indigenous people who have been incarcerated, especially those who suffer from mental illness and other health and addiction challenges. The bill is designed to reach out and provide them with the programs and services they need so that they do not continue to be repeat offenders.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I have a couple of concerns.
The member mentioned in her speech that extensive consultations were done, but my understanding is that the government did not consult with the union of correctional officers, who certainly will be impacted.
In addition to that, I am concerned about the Liberal direction of making life easier for criminals, beginning with Bill C-51 and then Bill C-75, where penalties for very serious crimes, such as forcible confinement of a minor and terrorism, were dropped. The government has brought ISIS terrorists back and now is trying to make life easier for criminals.
Why are the Liberals doing that as a priority?
Corrections and Conditional Release ActGovernment Orders
Parliamentary Secretary to the Minister of Intergovernmental and Northern Affairs and Internal Trade, Lib.
Mr. Speaker, I think it is very important to note that the goal of this bill and the other actions that the Government of Canada has taken is to ensure that we can reduce crime in Canada and reduce repeat crime in this country. We can continue to place people for minor offences in the correctional centres without proper programs or treatment and we have seen what happens from that process. They become repeat offenders.
I remember visiting, about a year or so ago, a correctional centre in my own riding, where I talked to a number of individuals who were there for perhaps theft. It might have started out that way, but through breaches of probation and a lack of services for addiction and mental health care, they became repeat offenders who were incarcerated for longer periods of time.
It is our goal as Canadians to get people out of the system, to get them rehabilitated and to help them with mental health and addictions issues that often lead to petty crime.
Peter Fragiskatos Liberal London North Centre, ON
Mr. Speaker, I appreciate the opportunity to speak today in support of Bill C-83. Among other measures, the bill proposes to eliminate segregation from federal correctional institutions, and would do it in a way that protects the security of correctional institutions.
The reality of any correctional environment is that certain inmates at certain times will need to be separated from the rest of the inmate population. Some inmates pose safety risks. Bill C-83 introduces a new approach to manage those risks. This new approach would ensure the safety and security of staff, the general offender population and the inmate who needs to be managed separately from the mainstream population. However, it would also help ensure the safety of our communities, because inmates would be able to continue the rehabilitative programming that is so crucial to their eventual successful reintegration into society as law-abiding citizens. This is a transformational change for a correctional system, and one that comes in the midst of a debate over segregation, an ongoing one we have had as a society in Canada.
Correctional Service Canada is responsible for managing the lives of more than 14,000 inmates in its custody. Correctional staff do a tough job in a difficult environment. We have to ensure they can do so safely, and that they have the tools to effectively rehabilitate offenders. Canada is incredibly fortunate to have an independent watchdog and ombudsman, the Office of the Correctional Investigator, to oversee and report on the operations of our system. From time to time, the Auditor General of Canada also investigates and identifies issues of concern within the system. In recent years, the issue of inmate segregation has come under its microscope. The Office of the Correctional Investigator and the Auditor General have raised concerns about the effects of segregation, particularly on inmates with mental health needs.
Under Bill C-83, segregation would be eliminated altogether from the federal correctional system. In its place, the government is proposing to create structured intervention units, or SIUs, to manage inmates whose behaviour poses a safety risk that cannot be managed within the mainstream inmate population. The key, as I noted earlier, is that although they would be separated from the mainstream inmate population, inmates in an SIU would maintain their access to rehabilitative programming and interventions. Upon placement in an SIU, their correctional plan would be updated. This would be done to ensure they receive the most effective programs at the appropriate time while they are in the unit. Also, it is meant to prepare them for reintegration into the mainstream inmate population. They would also spend at least four hours a day outside of their cell and have at least two hours a day of meaningful human contact interaction. Under the current segregation system inmates only get two hours out of the cell and interaction with people is extremely limited.
In addition to all of this, inmates in an SIU would be visited by a registered health care professional at least once a day. That health care professional could recommend changes to the conditions of confinement, or transfer back to the general population. As well, for the first time ever, the health care professional's autonomy and clinical independence within a correctional facility would be enshrined in law.
The correctional service would also have the obligation to provide patient advocacy services to inmates at designated institutions to help them better understand and exercise their rights, and ensure they get the medical care they need. As hon. members may recall, that was one of the recommendations of the inquest into the tragic death of Ashley Smith.
These proposed reforms build on recent investments in mental health care. Budget 2017, for example, invested $57.8 million over five years, and $13.6 million per year thereafter, to expand mental health care capacity for all inmates in federal correctional facilities. Budget 2018 invested another $20.3 million over five years, and $5.5 million per year thereafter, to support the mental health needs of federal inmates, particularly women offenders.
However, segregation and mental health are not the only challenges facing our correctional system. Another major and very much related concern is the overrepresentation of indigenous inmates in federal custody. Indigenous individuals currently make up roughly 4% of Canada's population, but they account for more than a quarter of federal inmates. That is unacceptable.
To help address this discrepancy and help those who have been incarcerated to heal, rehabilitate and reintegrate into society, budget 2017 invested $65.2 million over five years and $10.9 million per year thereafter. Bill C-83 would enshrine, again not in regulation but in law, that systemic and background factors unique to indigenous inmates would be considered in all correctional decision-making. This, indeed, flows from the Supreme Court's Gladue decision in 1999, nearly 20 years ago.
The number of inmates in segregation has been trending downward for several years. There were, for example, 780 inmates in segregation as recently as April of 2014. However, by March of 2018, that number had dropped to 340, a decrease of more than 50%. This legislation would put an end to this practice once and for all. It would replace it with a far better and more effective approach.
SIUs would protect staff and inmates from offenders who exhibit particularly disruptive and dangerous behaviour and ensure that inmates separated from the general population can continue with their treatment and rehabilitative programs. Programs like these prepare inmates for reintegration as law-abiding members of a community, the Canadian community, at the end of their sentences. In other words, they are essential to public safety because almost all inmates will eventually be released from custody.
Bill C-83 would help make our correctional system stronger, more humane and more effective. It would mean better correctional outcomes for the most challenging and difficult-to-manage inmates. We have to focus on outcomes. With enhanced rehabilitation and reintegration support, I believe this would lead to a safer environment for those who work or are incarcerated inside of our institutions and fewer victims of repeat offenders outside. That is why I strongly support this important piece of legislation. It is also why I encourage my colleagues to do the same.
Kelly McCauley Conservative Edmonton West, AB
Mr. Speaker, when I asked the parliamentary secretary about how she reconciles the fact that there are going to be all of these added costs for the changes to Bill C-83, but at the same time their departmental plan shows, with inflation adjusted, an 8.8% cut to funding for correctional services, as well as a cut in staffing, her comment was that it is because it is the money the government invested in the first two years. The library of Canada produced a report for me that actually shows that in the first two of the Liberal government, it has actually cut funding to CSC from the Harper era and then going forward for the next five years, is going to cut a further 8.8%.
Perhaps my colleague could answer, where the parliamentary secretary refused to or did not know the information for, what the added costs are with Bill C-83, how the government is going to achieve these things when it is cutting a further 8.8% from current funding on top of the funding it cut from the Conservative era to Correctional Service Canada.
Peter Fragiskatos Liberal London North Centre, ON
Mr. Speaker, specific details relating to budgetary costs of Bill C-83 and the changes that it will bring about I believe will be announced soon, as my colleague knows.
I take great interest, however, in his focus on the Conservative era in office, the most recent reign of conservatism in Canada at the federal level. I have a lot of respect for my colleagues across the way, but I cannot help but notice them, time and again, draping themselves in the flag not only of Canada but of law and order, when actually, if we review the record of the Harper government, we see cuts to the RCMP, we see cuts to the CBSA, key legal agencies enforcing law and order in Canada.
We have listened to the folks in corrections. I would ask the hon. member to go back and take a look at what some key folks in corrections have said about this particular bill and the changes it would bring about. It focuses on rehabilitation, reintegration and strengthening the system and making it more effective. That is what Bill C-83 would do.
Linda Duncan NDP Edmonton Strathcona, AB
Mr. Speaker, there are claims by the Liberal government that we are going to have a lot more provisions to deal with indigenous offenders. Of course, we know that a huge percentage of offenders are indigenous, particularly the women.
I wish to again raise the case of Edward Christopher Snowshoe from the Northwest Territories, who was confined to a cell the size apparently of a Volkswagen Beetle. He was in solitary for 162 days. At one point, he asked for additional medical assistance and revealed he was suicidal. He, in fact, had attempted suicide several times. He was sent to an aboriginal healing centre, but he asked to leave because the healing centre had nothing to do with his indigenous beliefs. He was from the Northwest Territories. We need to recognize that there are over 300 first nations.
What kinds of provision is the government going to take to put in additional resources so that there are provisions for support to all of the indigenous people who are imprisoned?
Peter Fragiskatos Liberal London North Centre, ON
Mr. Speaker, the hon. member quite rightly raises the issue of indigenous incarceration. I had the honour of serving on the public safety and national security committee last year, which studied that very issue. I am sure she is aware of this, but I would ask the hon. member to again review the sections in the proposed bill, Bill C-83, that focus on bringing to life what was called for in the landmark decision of the Supreme Court, the Gladue decision of 1999, almost 20 years ago.
This is an incredible step forward, a very positive step forward for all those Canadians concerned about indigenous incarceration, about which we have to do more. This is not the end of the line; this is a beginning. It is a new opening. In that light, the bill offers an entirely new and different approach, a more effective approach, to the issue of segregation. I think we will see more positive results as a result of the bill going through.
The Deputy Speaker Conservative Bruce Stanton
Before we resume debate, I would like to inform the House that we have had five hours of debate on this motion in the first round. Consequently, the maximum time allocated for all subsequent interventions shall be 10 minutes for speeches and five minutes for questions and comments.
Resuming debate.
The hon. member for Yellowhead.
Jim Eglinski Conservative Yellowhead, AB
Mr. Speaker, I am speaking to Bill C-83 because I am concerned that the changes it would make may put in jeopardy the safety of our institutional staff and that of the inmates who are under our care and control.
I was confused when the government introduced the bill.
In February of this year, the government appealed a ruling by the B.C. Supreme Court that struck down Canada's law on indefinite solitary confinement, arguing that it needed clarity on the decision. Therefore, why is the government introducing legislation before receiving that clarity? Why are the Liberals fighting the court decision to strike down solitary confinement, while at the same time introducing legislation to do just that? Are they just changing the words and calling it a structural intervention unit?
I have a federal prison in my riding of Yellowhead, the Grande Cache Institution. It is a medium-security institution with approximately 300 employees and 240 offenders. I have a lot of respect for my constituents who work there. Working for Correctional Service Canada often means working with violent offenders. Proposed section 36 of the new act will deal with the obligations of service and the rights of prisoners in structural intervention areas. It states:
...The Service shall provide an inmate in a structured intervention unit
(a) an opportunity to spend a minimum of four hours a day outside the inmate’s cell; and
(b) an opportunity to interact, for a minimum of two hours a day, with others, through activities including, but not limited to,
(i) programs, interventions and services...
(ii) leisure time.
Proposed section 37 of the new act states that proposed section 36 does not apply if the inmate refuses or the inmate “does not comply with...instructions to ensure their safety or that of any other person or the security of the penitentiary.”
As part of their job, employees are responsible for providing a safe, secure and positive environment for offenders, which is an essential element in helping offenders reintegrate into society. However, is the government fostering a safe and secure environment for our prison guards to work within these institutions?
Solitary confinement is a common safety measure many western countries take to protect guards from dangerous and volatile prisoners. I wonder if any of our front-line workers have been consulted on taking this tool away from them. Are we properly training our guards who deal with the most dangerous of offenders, offenders with possible mental conditions and psychological problems? Are these guards being given the necessary tools and knowledge to recognize, work with, protect and, for their own safety, help reintegrate these prisoners?
I am concerned that the bill does not mention new training programs to assist prison guards in these changes or in the current programs. It is paramount that the guards dealing with the most dangerous of our offenders have the knowledge and expertise to deal with them. This is for everyone's protection and safety.
I have heard concerns from prison staff members that more training should be given to them when they are dealing with high-risk offenders, such as murderers, compared to someone serving six months for theft. We need to ensure they feel prepared and comfortable, instead of taking away the tools they use to manage inmates.
Instead of solitary confinement, the government would create structural intervention units, SIUs. Let us be fair: This is just white-washing with some finely tuned words.
Under the new SIU model, inmates who misbehave and cannot be safely managed in the mainstream population will get personal programs tailored to their own needs. Are we forgetting the protection and safety of other inmates and prison staff in order to meet the new guidelines as outlined under the SIU? The segregation of certain prisoners in some cases has been done to protect those persons from internal conflicts with other inmates because of their character or mental disposition. In other cases, it is done for legal reasons that could cause interference with an investigation that could lead to criminal charges or a charge relating to serious disciplinary offences within the institution.
Under the new act, prisoners segregated for their own safety may spend up to four hours outside their cells each day. This is where I am concerned. This will require more resources and will create longer periods for the chance of an incident to occur. The replacement of solitary confinement strips the ability of guards to use segregation for disciplinary purposes. This change will make prisons more dangerous for the guards as they deal with the worst and most volatile prisoners.
Because the guards are dealing with the most violent criminals and those who do not care to follow the prison rules, when an incident does occur, it is going to be a lot more serious and require more force. Why are we putting our front line workers at risk?
I am also concerned that these prisoners who are segregated for their own safety may demand equal opportunities under the new act. This may open up an opportunity for their safety to be jeopardized and also put the safety of our guards in question.
This is just another example of the Liberals going soft on criminals and showing indifference to everyone else. Once again, the Liberals are prioritizing the rights of Canada's most violent and dangerous criminals.
Let me remind everyone of Bill C-75, which proposes sweeping changes to the Criminal Code and reduces the penalties of crimes to fines. Through Bill C-75, the Liberals are reducing penalties for terrorism, gang members, prison breaches, human trafficking, and the list goes on and on. It is not a surprise to me that the Liberal government is now prioritizing the rights of convicted and violent criminals inside our prison system.
Another aspect of the bill that I find deeply concerning is the new provision that would allow the commissioner to sub-designate parts of institutions to be a different level of security. It reads:
The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.
Theoretically, could the commissioner authorize that a room, say in a healing lodge, to be designated as maximum or medium security by adding an extra lock on the door? There needs to be clarification on whether this is to be used as a temporary measure or if this is a declaration that can be made indefinitely of an area. If so, what is the security protocol that would be put in place to change an “area” to a higher designation than the rest of the facility? Under what circumstances would it be used?
This provision will lead to more cases where higher security prisoners are allowed into lower security spaces, all based on technicalities. Why are we allowing prisoners who should be in maximum or medium-security facilities into lower designated facilities?
I agree with one part of the bill, and that is body scanners. Already in use in the provinces of British Columbia and Ontario, body scanners should be used to scan prisoners in federal institutions. The more effective we can be in our searches, the better. That means fewer drugs, weapons and other contraband entering our prison systems.
I wonder why the government decided to stop there, though. Why only scan prisoners? In 2014, the CBC broadcast an article on the statistics of contraband entering prisons. The data obtained by CBC showed that corrections seized almost 9,000 unauthorized and contraband items, up almost 2,000 from a few years earlier. That was an increase of 20%. The article noted:
CSC spokesman Jonathan Schofield said the spike is due to enhanced security measures brought in to stem the flow of drugs and other contraband into institutions, including increased searches, random urine tests, and tools such as metal detectors, X-rays, drug-detecting ion scanners and dogs.
Howard Sapers, the former correctional investigator of Canada, said that likely sources of contraband included other people coming in to the prison and sometimes even trusted personnel.
Maybe we should be using body scanners to scan everyone, not just the prisoners, entering our institutions. This will help ensure that everyone inside the institution, prisoners, staff and visitors, all have a safe and secure environment in which to live and work. There are different types of body scanners, some detect drugs, others detect metal. We use them in our airports, and there is no reason we cannot use the most sophisticated equipment in our jail system.
I am not in favour of the recently announced needle exchange program and a good scanning system would eliminate the need for such a program.
We must remember that any legislation brought in that changes how we manage our prisons must take into consideration the safety of our government employees and the safety of other inmates within our institutions. This to me is paramount over catering to the needs of convicted criminals. We must remember they are there because they have committed crimes and are being punished for those crimes. Yes, they have rights to a certain extent, but our institutions are not summer camps or recreational retreats.
Corrections and Conditional Release ActGovernment Orders
Bernadette Jordan Parliamentary Secretary to the Minister of Democratic Institutions, Lib.
Mr. Speaker, as I mentioned yesterday, I sat on the status of women committee. We did a study on indigenous women in corrections. It is particularly challenging to hear the stories of intergenerational trauma and of incarcerated women who are struggling with generations of problems from growing up in difficult situations.
My colleague said that the only part of the bill he agreed with was the body scanners. I am having a bit of a challenge with that. A big part of the bill is the mental health supports that will be provided to inmates to ensure they are treated in a way that they can be rehabilitated and not be put back in the corrections system.
Would my hon. colleague like comment on why he does not agree with mental health supports?
Jim Eglinski Conservative Yellowhead, AB
Mr. Speaker, I never said I disagreed with providing mental health supports. I said that we need to spend more time and more resources training our personnel at the jails. I clearly stated this a number of times in my comments. Jail guards are concerned that they are not receiving the proper training to deal with people with different mental situations, different stress situations and different violent tendencies. We need to ensure that our guards have the best training so that they understand the situations they are being put into so they can keep themselves and the prisoners safe.
Corrections and Conditional Release ActGovernment Orders
Parliamentary Secretary to the Minister of Democratic Institutions, Lib.
Mr. Speaker, I am pretty sure I heard my hon. colleague say he agreed with one part of the bill. I know he said that corrections officers must have training. That is what the bill is doing; it is providing mental health supports. He says the one part of the bill he agrees with is the part dealing with scanning, but he is not saying he agrees that we need to provide for better health. That is what we need to do. That is what the bill is doing and that is what the member is overlooking when he made his comments.
Jim Eglinski Conservative Yellowhead, AB
Mr. Speaker, I do not see anything in the bill about extra training or education for either the prisoners or the guards. My concern at the present time is the safety of the guards and prisoners in our institutions. The member can talk about programs for them, and those are good. We need to interact with and get prisoners back into civilization as law-abiding citizens, but it is the safety of our guards that I am concerned about and their proper training. There is no mention of that in Bill C-83.
Karen Vecchio Conservative Elgin—Middlesex—London, ON
Mr. Speaker, I have spoken to many prison guards, especially in the London area where we have the Elgin-Middlesex Detention Centre and where rampant issues are occurring. Many drugs are coming into the area.
The bill talks about scanning the inmates, but does the member think that goes far enough? We have to recognize that drugs are getting into the correctional facilities and find our how they do. Does the member believe that we should expand scanning so it goes beyond the inmates and perhaps to all visitors, and maybe even going one step further than that?
Jim Eglinski Conservative Yellowhead, AB
Mr. Speaker, the member is absolutely correct that we need to go further. We need to scan all people coming into and out of our jail institutions to protect the guards and the inmates. We know that contraband is increasingly entering our prisons. We know it is being brought in by people and we have indications that it is being brought in by some guards. It is not going to hurt to scan all individuals coming into our institutions, as many high security institutions already do.
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Mr. Speaker, I am pleased to rise today to support Bill C-83.
This bill represents a fundamental change in the way we approach corrections in Canada. It would end the practice of administrative segregation in all federal correctional facilities. What is more, it would implement a new correctional intervention model that would ensure that offenders are held to account while creating an environment conducive to their rehabilitation in the interests of everyone's safety.
This is the right thing to do and the safe thing to do. It would keep correctional staff and volunteers safe. It would keep inmates safe, and ultimately it would keep communities safe.
An effective corrections system with appropriate, safe and targeted interventions to deal with difficult, challenging or dangerous situations within a secure environment is in everyone's best interests. That is why Bill C-83 would eliminate segregation and establish structured intervention units or SIUs. These units would provide the necessary resources and expertise to address the safety risks of inmates in these challenging situations. They will be used to manage inmates who cannot be managed safely in the general population.
However, unlike segregation, inmates in these units will receive structured interventions and programming tailored to their specific needs to address behaviours that led to their SIU placement. They will have a minimum of four hours outside of their cell every day, double the number of hours in the current segregation system. They will have a minimum of two hours of meaningful human interaction every day, including through intervention programs and services. Currently in the segregation system, inmates can spend entire days with virtually no meaningful human interaction.
Inmates in these units will also have daily visits from health care professionals, and because of the strong focus on intervention, inmates in an SIU would be able to continue working on rehabilitation and achieving their correctional plan objectives.
All of this will help facilitate their safe return into the mainstream inmate population as soon as possible. The result will be better correctional outcomes, fewer violent incidents and enhanced safety for inmates, staff, volunteers, institutions and, ultimately, the general public.
This bill is a significant step forward for the Canadian correctional system and builds on the good work already under way.
The government has provided almost $80 million over five years through budget 2017 and budget 2018 to better address the mental health needs of inmates. That includes $20.4 million in the last budget specifically for incarcerated women.
There was also about $120 million in budget 2017 to support restorative justice approaches through the indigenous justice program and to help indigenous offenders safely reintegrate and find jobs after serving their sentences.
The goal is to make Canadian communities safer through effective rehabilitation in a secure correctional environment. This is the right policy direction, and it is in line with recent calls for the kind of transformation this bill lays out.
Two constitutional challenges in Ontario and British Columbia found the legislation governing administrative segregation contrary to the Canadian Charter of Rights and Freedoms. There are also pending class actions and human rights complaints related to both the use of segregation and what constitutes appropriate mental health care.
In this regard, the bill would also strengthen health care governance. The bill would provide that Correctional Service Canada has the obligation to support health care professionals' autonomy and clinical independence.
It also creates a legal framework for a patient advocacy service to ensure that inmates get the medical care they need.
The bill also enshrines in law CSC's obligation to take into account systemic and background factors unique to indigenous offenders are considered when making offender management decisions.
The Minister of Justice and Minister of Public Safety and Emergency Preparedness were given a mandate to address gaps in services to indigenous peoples and those with mental illness throughout the criminal justice system. The government is delivering on that promise.
The bill also includes additional measures to round out all of those elements. It also provides for less invasive alternatives to intrusive body searches. It places greater emphasis on the role of victims in the criminal justice system by allowing them greater access to audio recordings of parole hearings. This is a major improvement over the old system.
Thanks to Bill C-83, going forward, victims will have access to an audio recording of the offender's parole hearing, regardless of whether they attend the hearing.
As I said, this bill is all about safety. It focuses on improving interventions in order to better meet the needs of vulnerable inmates. We need to enhance the safety of our inmates, our correctional staff, our institutions and our communities.
This bill will transform Canada's correctional system in order to achieve those objectives.
Today I am proud to support this bill, and I encourage all members to join me in voting in favour of this historic piece of legislation.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I thank the member for his speech.
The member for London North Centre said that this bill would affect just 340 people. However, the bill affects many others, including Terri-Lynne McClintic and the terrorists who are returning to Canada.
Why are the Liberals prioritizing help for criminals?
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Mr. Speaker, I am pleased to hear my colleague use the word “terrorist”.
The Conservatives talked a good game about this and were very hard on terrorists, but they did not manage to put a single terrorist behind bars in 10 years.
We have sent many terrorists to prison, so I am pleased that my colleague talked about that. In 2011, 700 inmates were placed in administrative segregation. My NDP colleague said that there were just 300. The new approach is to make sure that they have access to mental health care. That is the difference.
My colleague from Sarnia—Lambton named some prisoners, but she seems to have forgotten the case of Ms. Smith when she asked her question.
Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC
Mr. Speaker, I want to thank my colleague for his articulate speech.
I just want to focus on one aspect. The Ontario and British Columbia courts ruled that the current law is unconstitutional on the grounds of two elements.
First, there was no independent body to review the justification for and the extension of administrative segregation. Second, the law did not set a limit for the undue or abusive extension of the administrative segregation.
Unfortunately, unlike former Bill C-56, the current bill does not meet these two criteria.
How can my colleague believe that the courts will deem this Liberal bill to be constitutional?