Mr. Speaker, I am pleased to address Bill C-53 which, as you pointed out, is now at third reading.
This bill proposes amendments to the Prisons and Reformatories Act that will strengthen and modernize the statutory framework governing temporary absence programs for offenders in provincial and territorial custody.
This bill is a global answer to the concerns expressed by the provinces and territories, which feel that the current legislative framework is not flexible enough to meet their specific needs.
The bill is also a very good example of federal-provincial-territorial co-operation on an issue of mutual interest. These provisions were developed in consultation with our provincial and territorial partners, and they were approved by the ministers responsible for justice in all the jurisdictions.
As hon. members will know, the Prisons and Reformatories Act is a federal statute which governs how sentences will be administered by provincial institutions. This stems from the federal responsibility for criminal law. However, it is our provincial and territorial partners who must implement this legislation. It is therefore incumbent upon us to ensure that there is adequate flexibility for them to meet their own unique circumstances. This is precisely what this bill does.
Here is how the bill will modernize and strengthen the statutory framework that governs provincial and territorial temporary absence programs. First, the bill adds a statement of purpose and principles. This is a new element, modelled on the statement of purpose and principles created in 1992 in the Corrections and Conditional Release Act, which applies to parole and temporary absence programs for offenders under federal jurisdiction.
Federal correctional authorities see it as an extremely useful tool for policy makers. It adds uniformity to temporary absence and conditional release programs. This is very important, given the close scrutiny to which our agencies are constantly subject. I would hasten to add that these are not federal principles imposed on the provinces and territories, but principles that all governments have agreed to implement together.
Second, the amendments would allow the provinces and territories to increase the maximum duration of temporary absences from 15 to 60 days. This change will reflect the current practice of granting consecutive temporary absences. Increasing the duration of temporary absences will make it possible to improve parole planning and to reduce the frequency of renewals of temporary absence certificates. These amendments, however, will require tighter monitoring of renewals, for an authority wishing to renew a temporary absence will first have to reassess the whole case.
Third, the bill will give governments the power to create additional types of temporary absences, beyond those granted for medical, humanitarian or rehabilitative reasons, so long as they are consistent with the statement of purpose and principles for temporary absence programs as stated in the bill.
There are two objectives to this amendment: first, to give administrations the necessary flexibility to adapt the temporary absence program to their own requirements; and second, to establish parameters that must be complied with in order to ensure a certain uniformity across the country.
Fourth, the reforms will give administrations the power to restrict the concurrent eligibility of prisoners for some types of temporary absences and parole. This will enable provincial and territorial corrections authorities to limit the opportunities for prisoners to make simultaneous use of the parole and the temporary absence systems, and to play both ends against the middle.
Finally, the bill will add other important measures for public protection. The importance of the principle of public protection was the subject of lengthy debate during second reading of the bill and during its study by the Standing Committee on Justice and Legal Affairs.
It is important to point out that, when these amendments were being drafted, the administrations agreed there must be no dissociation of the principles of protecting society and of rehabilitating offenders, and that these principles were neither contradictory nor in competition. In fact, all administrations agree that these two principles are totally compatible, since rehabilitation of an offender is the best means of protecting society, in the long term.
May I, however, add that the fundamental importance of protecting society is reflected throughout Bill C-53.
This important concept informs the purpose and principles of the bill, and I am referring to clause 7: "The purpose of a temporary absence program is to contribute to the maintenance of a just, peaceful and safe society-" and a number of other provisions.
Clause 7.5 provides specific grounds for suspending, cancelling or revoking a temporary absence. Clause 7.6, paragraphs 1 and 2, provides for issuing an arrest warrant and for its electronic transmission and execution in any place in Canada.
Another clause authorizes a peace officer, who believes on reasonable grounds that a warrant has been issued in respect of an offender on temporary absence, to arrest the offender without a
warrant and remand him int custody for up to 48 hours until the warrant is transmitted and executed.
These measures are quite clear about the authority to reincarcerate certain offenders when necessary.
I may point out that Bill C-53 is one of several initiatives introduced by the present government. The safe home and safe streets program described in the red book favours a balanced approach to public safety, an approach that emphasizes the need to take a tough line with violent, high risk offenders who represent an immediate and ongoing threat to the public.
This program, however, recognizes the need to engage in crime prevention and rehabilitation. This means intervening at an early stage to turn minor offenders away from crime.
In the last throne speech it was announced that to support this objective, "the government will focus corrections resources on high-risk offenders while increasing efforts to lower the number of young people who come into contact with the justice system. The government will develop innovative alternatives to incarceration for low-risk offenders".
Bill C-53 is in line with this commitment and will help the provinces and territories to adjust temporary absence programs to the needs of their own prison population.
The government is also pursuing other initiatives in close co-operation with its many partners in the penal justice system. I would, more particularly, like to talk to you about a document presented at the May 1996 meeting of the justice ministers of the federal, provincial and territorial governments.
The document, entitled Corrections Population Growth , was drafted by the federal, provincial and territorial deputy ministers and correctional services officials. It puts forward a number of recommendations, which were accepted by all ministers, as well as a series of principles, which will provide a basis for future policy.
This undertaking deserves mention because it reflects agreement among administrations and points out the importance of having all components of the criminal justice system united in their efforts so as to ensure a fair, peaceful and safe society efficiently and effectively.
One of the principles in this document, which is reflected in the bill, is that the primary objective of the criminal justice system is to contribute to maintaining a fair, peaceful and safe environment. To this end, we must focus our efforts on the front line of the criminal justice system and promote more crime prevention initiatives.
We all know that prevention of criminal behaviour is more effective than its punishment. Habitually, sanctions are applied much too late and are not aimed at the cause of the problem.
One of the greatest challenges facing us is to continue to develop community based sanctions that are safe, effective and credible for Canadians who are most likely to have run-ins with the law. This is why the government created the national crime prevention council and is inviting all departments in a position to do so to participate by developing crime prevention strategies.
Many police departments, including the RCMP, are now developing and implementing community police programs which will help communities come up with their own crime prevention strategies, suited to their particular needs.
As the police are an integral part of community life, they can help in problem resolution and social planning aimed at preventing criminal behaviour, so that the community has less need of them to enforce the law.
Another principle the federal, provincial and territorial justice ministers agreed on is that incarceration should be limited to cases where public safety may be threatened and that alternate solutions should be applied when more effective community based sanctions are available. While we recognize the usefulness of incarceration, we also know that, when applied in the right circumstances, community based sanctions protect society better over the long term than incarceration. So, the government is going to intensify its efforts to implement the recent reforms on sentencing, more specifically, part XXIII of the Criminal Code, which offers the courts other options besides incarceration.
For many years now, we have been advocating measures to divert low-risk offenders out of the court system as much as possible or to subject them to less monitoring, when this does not interfere with the goals of the criminal justice system, mainly public protection. Early intervention, that is to say, acting before crime patterns are set, is considered by many an effective means of preventing criminal behaviour. Residential programs as well as drug rehabilitation, mental health, restitution, occupational training and other similar programs provide offenders with the kind of support and guidance they need in the community.
In order to support alternatives to incarceration and ensure their success, the necessary programs and resources must be made available to the community. The various elements of the criminal justice system must come together to design, develop and implement community corrections programs. While this is no small task, it is encouraging to note that a strong consensus exists among the various levels of government to work together at developing efficient community corrections measures.
Clearly, the necessary reform of the criminal justice system is too great a task for a single government or sector. To bring about meaningful changes, criminal justice, police, sentencing, corrections and parole officials must work closely together. The fact that governments agree on a number of initiatives shows a will to co-operate and contribute in a positive way to better public
protection, as well as to adjust our resources to the level of risk posed by offenders.
These past few years, we have worked hard at making our society safe, fair and peaceful. The initiatives I described this morning, combined with the bill before us today, will further this objective.
Bill C-53 is an excellent example of federal, provincial and territorial collaboration, which, I hope, all members of this House will support.
