House of Commons Hansard #387 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was inmates.

Topics

Corrections and Conditional Release ActGovernment Orders

5:30 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, one of the things we have repeated many times today, and yet we do not have adequate answers to, is the fact that virtually every group of witnesses that came to committee, other than the government officials themselves, had huge criticisms of the bill, primarily around the issue of lack of consultation. In spite of the fact that in the 2015 campaign, we heard at all candidates debates how this government would be open and transparent and would consult with Canadians, we have a bill that would put the very safety of our front-line officers at risk and they have not been consulted.

The CSC ombudsman himself indicated a lack of consultation. Not only was there a lack of consultation, but there is a big concern that the legislative process the bill is at right now could leave far too many issues to be dealt with through the regulatory process. That leads into nothing but trouble.

I wonder if my colleague could explain why there was such a lack of consultation and why this big gap is going to leave so much of the actual implementation of the bill to the regulatory process, where it may not in fact have the legislative approval it requires.

Corrections and Conditional Release ActGovernment Orders

5:30 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, the hon. member across the way is my neighbour just to the west of Guelph. We share an institution that we both have visited on many occasions. One of the concerns I heard when I was at the institution was that the previous government had cut funding and cut the positions of the officers, who he is saying need to have protection. One of the protections comes through budgets. Instead of cutting $300 million from the budget between 2012 and 2015, we are now adding $300 million, plus $150 million for mental health care.

Instead of putting in mandatory minimum sentences, which put two prisoners into each cell and overcrowded our prisons, we have eliminated the mandatory minimum sentences so the process of our whole judicial process is not putting undue burden on the people working within it. We are giving them funding and helping improve the process so they are able to do the professional job we rely on them to do every day.

Corrections and Conditional Release ActGovernment Orders

5:30 p.m.

Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I appreciate the opportunity to rise in the House and participate in today's debate on Bill C-83, a transformative piece of legislation for our correctional system. Its ultimate goal is to promote safety, both inside and outside our federal institutions, and it prioritizes rehabilitation as an indispensable part of achieving that goal.

The core innovation in Bill C-83 is the proposed introduction of structured intervention units, or SIUs. These SIUs would address a reality in any prison, which is that some inmates are, at certain times, simply too dangerous or disruptive to be safely housed in the mainstream inmate population. The current practice is to place those offenders in administrative segregation.

Segregated inmates in federal institutions can be in their cells for as many as 22 hours a day, and their interactions with other inmates are highly limited. Bill C-83 offers a more effective way forward for everyone involved. Safety will always be priority number one, but prisons are safer places to live and work when inmates receive the programming, mental health care and other interventions they need. Inmates who receive these interventions are more likely to reintegrate safely into the community when their sentences are over.

The solution the government is proposing in Bill C-83 is to eliminate segregation and to replace it with SIUs. These units will be secure and separate from the mainstream inmate population so that the safety imperative will be met. However, they will be designed to ensure that the inmates who are placed there receive the interventions, programming and treatment that they require.

Inmates in SIUs will be given the opportunity to leave their cells for at least four hours a day, as opposed to two hours under the current system. It is worth noting that currently, those two hours are set out in policy and not in legislation. Bill C-83 will give the four-hour minimum the full force of law. Inmates in SIUs will also have the opportunity for at least two hours of meaningful human contact. During that time, they could interact with people such as correctional staff, other compatible inmates, visitors, chaplains or elders.

The goal of these reforms is for inmates in an SIU to be in a position to reintegrate into the mainstream inmate population as soon as possible.

Bill C-83 has undergone rigorous analysis at every stage of the parliamentary process to date. Members of the Standing Committee on Public Safety and National Security went over the bill with a fine-tooth comb.

Based on testimony from a wide range of stakeholders, a number of useful amendments were adopted at the end of the committee's study period. Bill C-83 was a solid and worthwhile bill from day one. It is now even better and stronger for having gone through vigorous debate and a robust review process.

It is worth noting that the bill that has been reported back to us reflects amendments from all parties that proposed them. I wholeheartedly reject the idea we have heard during this debate that somehow the fact that the bill has been amended in response to public and parliamentary feedback is a bad thing. I am proud to support a government that welcomes informed, constructive feedback and that respects the role of members of Parliament from all parties in the legislative process.

Most of the amendments made to Bill C-83 are about ensuring that the new SIUs will function as intended.

For example, some witnesses were worried that the opportunity for time out of the cell would be provided in the middle of the night, when inmates were unlikely to take advantage of it. The member for Montarville therefore added the requirement that it happen between 7 a.m. and 10 p.m.

Other witnesses wondered whether the mandatory interactions with others might happen through a door or a meal slot. To address that concern, the member for Toronto—Danforth, whom I commend, added a provision requiring that every reasonable effort be made to ensure that interactions are face to face, with a record kept of any and all exceptions.

To address concerns that the Correctional Service of Canada might make excessive use of the clause allowing for time out of the cell not to be provided in exceptional circumstances, the member for Mississauga—Lakeshore added a list of specific examples, such as fires or natural disasters, to clarify how this clause should be interpreted.

Amendments from the member for Toronto—Danforth at committee and from the member for Oakville North—Burlington at report stage will enhance the review process so that each SIU placement is subject to robust oversight, both internally and externally.

All of this will help ensure that the new SIUs operate as intended. Amendments have also been accepted from the members for Brampton North, Medicine Hat—Cardston—Warner, Beloeil—Chambly and Saanich—Gulf Islands. I thank them for their contributions.

We all want safer institutions and safer communities, and we all want Canadians to feel safe.

Successful rehabilitation and safe reintegration of people in federal custody are key to achieving our shared objective of enhanced public safety. By allowing inmates who must be separated from the general prison population to receive more time out of their cell and more mental health care and rehabilitative interventions, Bill C-83 represents a major step in the right direction.

Again, I would like to thank all of my hon. colleagues for their contributions throughout the legislative process so far, and I urge them to join me in enthusiastically supporting the bill.

Corrections and Conditional Release ActGovernment Orders

5:40 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, many experts have spoken out against this bill.

As the member said, we are talking about structured intervention units, which is just another way of saying “administrative segregation”. The member said this bill reduces the amount of time in administrative segregation from 22 or 23 hours to 20 hours. Wow, what an improvement.

Has the member ever tried locking herself in a room for 20 hours a day, for several days in a row, to see what it does to her body? As I have been saying all afternoon, it has been proven that permanent effects on mental health begin to emerge after 48 hours. These are permanent effects that continue to linger afterwards. These individuals have very little time to access programming, only four hours, in fact.

As the B.C. Supreme Court and the Ontario Superior Court of Justice have ruled, indefinite administrative segregation is unconstitutional. The provisions set out in the bill allow for an indefinite period of time, which could be 90 days or 150 days. No one knows.

On top of that, there is no independent oversight. The correctional investigator of Canada also criticized the fact that there are no procedural safeguards to prevent misuse. He foresees many possible cases of misuse and predicts that more and more inmates could be segregated in SIUs. The member is so proud of SIUs, but I think they are very cruel.

Corrections and Conditional Release ActGovernment Orders

5:40 p.m.

Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I thank my hon. colleague for her question and comments.

The reality is that the inmates in question, because we are not talking about all inmates here, are too dangerous or disruptive to be safely housed in the mainstream prison population. Right now, they can leave their cells for two hours a day. Once the bill is passed, they will be entitled to spend four hours outside their cell, and that will be enshrined in law. What is more, they will have to have human contact, be it with correctional officers, health care professionals or chaplains, to create ties and move forward.

We are also going to ensure that they have better access to mental health care, because that is often necessary. The previous government cut $800 million in funding, which definitely had a negative impact on our correctional facilities. We need to fix that.

Bill C-83 will promote inmate rehabilitation and ensure that all Canadians feel safe. That is a critical objective.

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

The Assistant Deputy Speaker Anthony Rota

It being 5:45 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2, 4 to 8, 11, 18 to 21, and 23 to 27.

A negative vote on Motion No. 1 necessitates the question being put on Motions Nos. 9 and 17.

Is it the pleasure of the House to adopt the motion?

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

Some hon. members

Agreed.

No.

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

The Assistant Deputy Speaker Anthony Rota

All those in favour of the motion will please say yea.

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

Some hon. members

Yea.

Corrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 5:45 p.m.

The Assistant Deputy Speaker Anthony Rota

All those opposed will please say nay.

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

Some hon. members

Nay.

Corrections and Conditional Release ActGovernment Orders

5:45 p.m.

The Assistant Deputy Speaker Anthony Rota

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on Motion No. 1, which was negatived on the following division:)

Vote #998

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

The Speaker Geoff Regan

I declare Motion No. 1 lost. I therefore declare Motions Nos. 2, 4 to 8, 11, 18 to 21 and 23 to 27 lost.

The question is on Motion No. 9. A vote on this motion also applies to Motions Nos. 10 and 13 to 16.

Is it the pleasure of the House to adopt the motion?

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Some hon. members

Agreed.

No.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

The Speaker Geoff Regan

All those in favour of the motion will please say yea.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Some hon. members

Yea.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

The Speaker Geoff Regan

All those opposed will please say nay.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Some hon. members

Nay.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

The Speaker Geoff Regan

In my opinion the nays have it.

And five or more members having risen:

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, I think if you seek it you will find unanimous consent to apply the results of the previous vote to this vote, with Liberal members voting in favour.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Mr. Speaker, we agree to apply, with Conservative members voting no.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, the NDP agrees to apply the vote and will vote yes.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, we agree to apply the vote and will vote in favour of the motion.

Corrections and Conditional Release ActGovernment Orders

6:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the Green Party agrees to apply the vote and votes yes.