moved that Bill C-45, an act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act, and the Transfer of Offenders Act, be read the third time and passed.
Mr. Speaker, I am pleased to move third reading of Bill C-45. This is a bill to update our corrections and parole system.
When I last spoke on this bill to open second reading debate, I noted that it was part of a strategic framework of initiatives that work together in order to carry out our red book agenda and demonstrated our commitment to safe homes and safe streets for all Canadians.
This is a goal this government takes very seriously. Over the past year this government has been working hard and has consistently delivered on this commitment.
We have brought forward amendments to the Young Offenders Act to respond to a number of concerns about it. Through Bill C-41 we have reformed the sentencing process by placing a new focus on better addressing public safety, ensuring more consistency in sentencing, and being more responsive to the needs of victims.
We have also made a lot of headway on preparing and presenting legislation on gun control, on a new witness protection program, and on DNA analysis. Also, legislation is being prepared within the government to take steps to deal with high risk violent offenders, which I will discuss further in my remarks.
There is a widespread desire to ensure that we have an effective federal corrections and parole system. This makes it all the more important for us to look closely at problems that are identified and seek concrete and meaningful solutions to these problems.
There may be some violent offenders who are unlikely to ever be able to lead law-abiding lives in the community. However, simply locking up more and more of the other kinds of offenders for longer periods of time will not achieve the long term safety of our communities that we all care about. Surely the United States experience proves this every day.
Where a sentence of imprisonment is considered necessary by the court, we must be mindful that the vast majority of offenders are given definite sentences with fixed terms. Therefore, they will eventually be released into the community. A conditional release of most offenders at a point in their sentence that is consistent with public safety, along with support and surveillance in the community during the balance of the sentence and programming while incarcerated, would appear to provide the best chance for the offender to be a stable, law-abiding member of the community. I submit that this offers the best prospects for the safety of our communities in the long term.
Bill C-45 is one building block in this government's response to the complex issues involved in having a criminal justice system that contributes to the overall protection of the public and the safety of our communities. Bill C-45 by itself is not the sole answer, but I believe it makes important reforms that demonstrate forward movement.
As I outlined to the House during second reading debate, the bill makes improvements in a number of substantive areas. There are situations where the protection of the public means the usual conditional release process should not apply. Therefore, the bill strengthens the detention process by responding to concerns about the early release of sex offenders who victimize children, which in the bill includes persons under the age of 18. The law will make it much easier for the parole board, at the request of the correctional service, to keep such persons in prison for their entire sentence. Where a further offence against the child is likely, such an offender can expect to serve the full sentence in custody without any period of conditional release in the community.
I would like to reiterate that this measure is not needed because we believe sex offences against children are considered more serious than those against adult victims, but because the current legislation has proven less effective in cases involving children.
The second main area of change in the bill relates to the accountability and credibility of the National Parole Board. There have been many changes in the board's operation in the past year. This government has placed an emphasis on recruiting experienced, knowledgeable individuals. I believe the government's record of appointments in the past year bears this out.
The members of the board have an extremely difficult job to do, one that few of us in this Chamber would willingly take on. I think we should recognize the challenges involved and the dedication of the members. The board makes thousands of decisions a year and sometimes, despite everyone's best efforts, unforeseen tragedies in the community do occur. These are sad moments and are clearly very painful for those who are directly affected by them.
Every effort possible is being made and will continue to be made to improve the quality of the board's decision making. To support this, the board has recently adopted a code of conduct as well as performance standards. Renewed emphasis has been placed on training and evaluation.
Where problems arise and no other resolution has been successful, Bill C-45 provides for a review of the board member's performance and a process for remedial action to be taken. This amendment in Bill C-45 is there to be used where a board member's performance has clearly fallen below acceptable standards.
Frankly, I think the provision will prove to be a success if it does not have to be used. This may seem paradoxical, but I say this because if it does not have to be used it will mean that we are appointing top-notch individuals, we are providing the necessary training and support, and that corrective action is being taken before serious problems arise in the performance of board members that would necessitate use of the new procedure. At the same time, if the House adopts this measure and it is adopted by the other place and given royal assent, which I hope and expect it will, then the procedure is in the act and of course it is there to be used if circumstances require it.
The third area of reform in the bill is the provision relating to calculating the sentences of offenders who commit multiple crimes or who reoffend while on conditional release during the sentence period. Clearly, tougher provisions are needed to deal with these repeat offenders. Bill C-45 will help eliminate the situation whereby many such offenders may be immediately eligible for parole, notwithstanding the imposition of a severe consecutive new sentence, something that is possible under the current law.
Bill C-45 will cure in large measure the problem of the merger of sentences which has been raised with a great deal of concern by many organizations of the community, including police organizations. I hope this will help bring about the support of the House for this measure.
A fourth area of reform will give the National Parole Board the authority to impose residency conditions on offenders being released on statutory release who pose some risk of committing a violent offence but who do not meet the detention criteria that would, if met, allow the National Parole Board at the request of the Correctional Service of Canada to detain a person until the end of that person's sentence. This amendment was brought by the government during clause by clause study of the bill in committee in response to recommendations by the Canadian Police Association, the Stephenson inquest, and the standing committee itself.
Bill C-45 was one of the first bills to follow one of the new routes for legislation I proposed to the House as House leader and which was agreed to early in 1994. I am talking about referral of a bill to committee prior to second reading.
The Standing Committee on Justice and Legal Affairs devoted a great deal of time and energy to reviewing this bill. In a little over three months the committee heard from over 60 witnesses on both this bill and Bill C-41, the bill on sentencing. Those individuals who testified represented 32 different organizations, including victims' groups, police organizations, professional groups, women's groups, aboriginal organizations, as well as a range of organizations from the voluntary sector.
During both the committee's clause by clause review and the debate during report stage in the House last week, a much broader range of motions was debated than would have been likely under the system of review of a bill in committee only after second reading.
While I know that some members may have been disappointed that not all the motions they put forward were adopted, this new process allowed members to consider and discuss issues that otherwise would have simply been ruled out of order. I want to thank the members of the justice committee for their work and I want to point out that at least some of the suggestions from members, including opposition members, have been accepted by the government.
I mentioned at the beginning of my remarks several other important legislative initiatives taken by this government to help provide safer homes and safer streets for Canadians. As my parliamentary secretary reminded the House last week, significant advances have been made by this government over the past two years to protect the basic rights of Canadians to live in peaceful and safe communities.
I want to conclude my remarks by mentioning some of the initiatives that were taken that did not need legislation to be adopted by this House.
In November of last year I announced a national information system based on enhancements to the Canadian Police Information Centre, or CPIC. This will make more and better information available to organizations across the country to help them screen out convicted sex abusers applying for work with children. These improvements to CPIC have allowed organizations to more thoroughly screen the backgrounds of individuals applying for paid or voluntary work with children or other vulnerable persons.
This government made a commitment in the red book to help prevent the sexual abuse of children by people in positions of trust and the government has acted on this commitment. While the CPIC system is now in place, as I have said, these measures will only be truly effective if organizations working with children are aware of the changes and the need for screening in general and make use of the new system. We have a role to play in providing leadership, education, and awareness to make sure this happens.
Along with partners involving the Department of Justice, the Department of Health, and the Canadian Association of Volunteer Bureaus and Centres, work is under way to create educational materials and to deliver training to voluntary organizations across the country on screening volunteers and paid staff in positions of trust with children and other vulnerable individuals. These measures will help us to communicate the importance of screening to help prevent child abuse. I am sure this is a goal we all share.
Another positive example of this kind of co-operative effort is recent work in the area of high risk offenders. In January of this year the Minister of Justice and I met with federal, provincial and territorial colleagues in Victoria to discuss the report of our task force on high risk offenders.
Not only did we achieve consensus around the criminal justice recommendations put forward in that report, we also had the
opportunity to meet jointly with representatives from federal, provincial and territorial health ministers.
This allowed us to have a frank and useful discussion of those issues which crossed traditional criminal justice and mental health boundaries.
I believe we must take a comprehensive view in developing meaningful solutions to the issue of high risk violent offenders. This involves seeking effective answers which draw on the facilities of federal, provincial and territorial systems.
I think it was helpful that the task force looked at the system as a whole. It examined strategies at its front end as well as situations in which offenders are approaching release into the community. The report stressed and ministers endorsed a focus on improved measures at the front end of the system so we would hopefully have fewer problems arising at the eleventh hour when an offender is nearing the point of release.
Implementation of the report is under way and we will continue to fully involve our provincial partners.
Some of the matters in the report require further development before they can be put into operation, while we have been able to move more immediately on others. For example, I announced the implementation of a flagging system which will assist prosecutors in identifying cases which would be appropriate for a dangerous offender application.
The House will recall that if the court at the time of conviction and sentencing rules the accused to be a dangerous offender, that person can be imprisoned indefinitely. In a large country such as Canada where there is a high degree of mobility it is not always easy for a provincial crown prosecutor in one corner of the country to have all the information available which would have a bearing on how a case may be prosecuted. The flagging system which also makes use of the Canadian police information centre will help make that information link.
Similarly, a research project, the crown files project, is nearing completion. This project will provide concrete information about the factors which are significant predictors of dangerousness and which are central to successful dangerous offender applications.
The Minister of Justice and I are also working on legislative changes to make it easier for provincial crown attorneys to make more frequent and more effective use than is the case at present of the existing dangerous offender provisions in the Criminal Code. One key element involves making an indefinite sentence of imprisonment the only sentencing option for those found by the courts to be dangerous offenders. Another would provide for new expanded presentence risk assessments in place of the current requirement for the evidence of two psychiatrists, one for the prosecution and one for the defence.
Another important amendment we are working on in line with the task force report is to change the Criminal Code to create a new category of long term offender which would give the courts a new sentencing option. This would require long term supervision of the offender for up to 10 years following the end of the offender's penitentiary term.
In May the Minister of Justice and I convened a forum involving constitutional and legal experts, including those working with police and with victims groups, to tackle the matter of those offenders who remain dangerous at the end of their court imposed sentence. The forum was a productive session that is assisting us in addressing some very fundamental issues such as constitutional questions and how we identify those offenders with the greatest risk of reoffending in a violent manner.
We are working to develop further legislative action to deal with this important and troubling aspect of the matter of high risk dangerous offenders.
We must recognize the criminal justice system is a system. Activities and events in one part of it have a ripple effect through all the other parts.
More vigourous law enforcement places increased demand on courts and corrections, prosecutorial policies can direct more or fewer offenders to community or prison, the availability of community programs may determine what sentences courts view as realistic.
Actions seen as positive from one perspective may have unintended negative side effects. Clearly the criminal justice system is very complex. Moreover, the various segments which make it up come under the authority of different levels of government.
Nevertheless, it is truly one which can work best only if it is well integrated and co-ordinated. It is clear all levels of government, all sectors of the system, social policy groups, police and victims groups must work together. That is one reason last year the government created a national crime prevention council.
I believe we have made an extremely good beginning on improving the criminal justice system in the interests of all Canadians over the past few years. I thank members of the House for all their efforts on the criminal justice front and I look forward to our continuing good co-operation.
I ask that the House give full and speedy approval to the bill in this third reading debate so its useful aspects, every part of the bill, can go into effect very soon to help ensure all Canadians have safer
homes, safer streets and the best possible communities for themselves and for their children.
