Pam Damoff

[Criminal Code, October 29th, 2018]

Mr. Speaker, there absolutely is a correlation between animal fighting and organized crime and guns and gangs. One of the things this legislation would do is tighten the laws around it, but I am hopeful that it would also highlight this issue for local law enforcement services so that when they are enforcing these new laws that we would put in place, they will be able to look for paraphernalia, for example, that is used for animal fighting and recognize what is happening in that situation and be able to translate into more broad concerns around guns and gangs and organized crime. There is definitely a connection between them and it would give law enforcement officers the tools they need to go in, and I am hoping it would educate them as well.

[Criminal Code, October 29th, 2018]

Mr. Speaker, as I mentioned in my speech, this is a good first step. There are concerns in my community about people who have been prohibited from owning animals because of a conviction, but are able to possess animals in the future. That is something the committee should take a hard look at. I am sure other things could come up and obviously the committee is limited by the scope of the bill itself, but that is one thing I hope the committee will look at.

[Criminal Code, October 29th, 2018]

Mr. Speaker, I will be sharing my time with the member for Toronto—Danforth.

I am very pleased to have this opportunity to speak to Bill C-84, a bill that proposes several amendments that would strengthen the Criminal Code's response to bestiality and animal fighting.

I have been passionate about animal protection all my life. During my five years on Oakville's town council I had the opportunity and privilege to work with the Oakville & Milton Humane Society and its former executive director, Kim Millan. I have spoken at length with Kim, as well as former OSPCA officer, Laura Mackasey , and current OSPCA officer, Caitlin Jones who are the front line when dealing with animal cruelty cases. I can remember so clearly Laura and Kim saying to me, “We want to do more, but our hands are tied by legislation.” I was actually shocked at how our laws had failed to keep up with the realties of our world.

I was an early and vocal supporter of the member for Beaches—East York's private member's Bill C-246, and met with my local humane society about the proposed legislation. It also publicly supported the bill because it deals with animal cruelty on a daily basis and knows how critical it is to update our laws. Quite frankly, those on the front line of animal cruelty need governments to step up and give them the tools they need to protect animals.

The bill before us today reflects the Minister of Justice's commitment to review animal welfare laws in the wake of the defeat of Bill C-246. She held extensive consultations all across Canada. Bill C-84 is an excellent first step, but quite frankly, there is more to be done by all levels of government to end animal cruelty.

I will highlight one issue which was brought to my attention by someone who has worked in the field for many years. We need to ensure that any person convicted of an offence of animal cruelty should be prohibited from ever owning an animal again, and if the person is prohibited from owning an animal in one province, that restriction should apply in all provinces. It is my hope that this is something that could be considered at committee.

We know there is a direct link between animal cruelty and child abuse and also between animal cruelty and domestic violence. That is why we must take the abuse of animals seriously. Research from the University of Windsor found a strong correlation between the abuse of human family members and the treatment of companion animals. Childhood sexual assault is also linked with animal sexual assault. Barbara Cartwright, CEO of the Canadian Federation of Humane Societies has stated that not all people who commit animal cruelty are serial predators, but as far as we know, all serial predators have committed acts of animal cruelty. We also know there is a correlation between animal fighting and guns and gangs. Bill C-84 also tightens the law around animal fighting.

I am sure most Canadians are shaking their heads asking why these changes have not been made sooner. I agree, but I applaud the government for bringing Bill C-84 forward.

On the specifics of Bill C-84, I will now focus my comments on the bill's amendment, which arises in the wake of the Supreme Court of Canada's decision in 2016 in the case of D.L.W. In this recent decision, the court limited the meaning of the term “bestiality”. I cannot stress enough how important Bill C-84's bestiality amendment is. Specifically, it would serve to protect vulnerable people, especially children, as well as animals. To be clear from the outset, criminal liability must result whenever any kind of sexual act with animals occur. While difficult to talk about, it is a subject that we must address because of the very real consequences of a lack of legislation on this issue.

The term “bestiality” has never been defined in statute in Canada, but it forms the basis for criminal liability in three distinct Criminal Code offences. Canada's bestiality provisions find their origin in ancient British law, and the offence was included in Canada's first Criminal Code in 1892. The recent Supreme Court case was the first time the Supreme Court of Canada had the occasion to consider the meaning of the term “bestiality”. Because there was no statutory definition of the term, the court examined its history and its interpretation at common law to determine its meaning.

The court found that sexual penetration has always been one of its essential elements. Nothing in the legislative history of Canada's bestiality provisions was found to have changed its original meaning at common law. Importantly, the court also noted that any changes to the scope of existing criminal offences must be made by Parliament.

The circumstances of the D.L.W. case are disturbing, to say the very least. Without elaborating on the extensive and sustained sexual abuse that the accused perpetrated against the victims over a period of approximately 10 years, the court was asked to consider whether the activity constituted a form of bestiality. The majority of the court answered the question in the negative because of the historical interpretation given to the offence.

The decision stated that the courts must not create new crimes that Parliament never explicitly intended and expanding the scope of bestiality to include all sexual acts between humans and animals would do just that, largely because, in the words of the Supreme Court, “there is not, and has never been in Canada, any statutory definition, exhaustive or otherwise, of the elements of bestiality.” The court also pointed to the ongoing significant policy debates about what the focus of this sort of offence ought to be and once again clarified that it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence.

Bill C-84 proposes an amendment that would achieve exactly what the courts have suggested. Specifically, it would define “bestiality” as “any contact for a sexual purpose with an animal”. It would mean that accused persons, like the one in the D.L.W. case, would no longer be acquitted simply because the sexual abuse in question did not involve penetration. This is an appropriate and necessary response to the Supreme Court's decision. As parliamentarians, it is our duty to ensure the criminal law protects the most vulnerable, especially children. Involving animals in harmful contact is often indicative of a propensity for even more serious offending.

As I stated earlier, there is an established link between animal cruelty and child abuse. The D.L.W. case is a case in point. We must extend the criminal law's protections in this regard. Undoubtedly, the Criminal Code contains other offences that could apply to the conduct at issue in the D.L.W. case. At the same time, the proposed changes would send a clear message that forcing others to engage in sexual acts with animals and involving children or animals in this kind of activity is harmful and will not be tolerated.

The bill's second focus on animal fighting is also an overdue change to our legislative framework in Canada. Our society does not tolerate these abuses of animals and I am pleased the government has introduced Bill C-84 to protect the vulnerable, animals and Canadian society in general. It is my hope that this legislation will go a long way in also helping people like those who work with the Oakville & Milton Humane Society, as well as the Ontario Society for the Prevention of Cruelty to Animals, to do their jobs more easily and give them the legislative framework they have been calling for.

I call on all members of this House to support this bill.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, I absolutely agree with my colleague who, I know, is quite passionate about ensuring not only public safety, but ensuring the safety of people who work in the corrections system and ensuring that those who are in the prison system are able to live law-abiding lives when they get out of prison.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, I am so pleased with the hon. member's comments. I am very happy she will be supporting this to get it to committee.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, I am not a lawyer and I am not a constitutional expert, but I know the government has reviewed carefully the court decisions. In fact, that is why we have a new bill in front of us right now. It has incorporated what the courts have said, along with our previous legislation that had been introduced around administrative segregation. I am confident that the government has looked at it, bearing in mind the importance of the constitutionality of the legislation, but also ensuring we will be rehabilitating offenders when they are in our prison system.

As it stands right now, individuals in administrative segregation do not have access to programming and they do not have access to the kinds of mental health services they need. Therefore, by bringing in this legislation and tying it with programming and mental health services, we should see a significant difference in the outcomes of the prison population.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, I do not agree with what the hon. member said. Certainly the number of violent incidents in our corrections facilities would not have gone up prior to the introduction of the bill. The fact is that the government has committed to investing additional resources and in hiring more staff to deal with the prison population in these SIUs.

The hon. member may be mistaken in his interpretation of what the government has said around the bill. Certainly it is critical that the safety of our corrections officers be paramount. They have to be safe when they go to work. We have made a commitment to making the investments necessary to ensure that happens.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, I am pleased to lend my voice to the debate today in support of Bill C-83, which would amend the Corrections and Conditional Release Act. We all want our communities to be safe, and we all want to be secure in the knowledge that when offenders return to the community, our corrections system will have supported their rehabilitation and prepared them to lead safe, productive, law-abiding lives. Our government believes that for the corrections system to succeed in that regard, safety and security must go hand in hand with rehabilitative programming and treatment. Today, I am proud to know that principle is at the core of the bold new measures the government is taking to transform federal corrections.

Bill C-83 would strengthen the federal corrections system, making it safer and more effective at rehabilitation. The bill would end the practice of segregation. It would establish structured intervention units, or SIUs, to safely manage inmates when they cannot otherwise be managed in the mainstream inmate population, without denying them access to programs, interventions and treatment.

Bill C-83 would also enshrine in law the principle that offender management decisions must involve consideration of systemic and background factors related to indigenous offenders. This change reflects testimony we heard at both the status of women and public safety committees, and I am very pleased to see this included in the proposed legislation. Bill C-83 would strengthen health care governance, allow for the use of new search technologies and enhance support for victims at parole hearings.

Key to this landmark legislation is that with SIUs, the practice of segregation would become a thing of the past. Currently, if an offender is considered dangerous to themselves or others, or is at risk of being harmed, they can be placed in segregation if there is no other reasonable alternative. Segregation has remained a common practice over the years. Recently, policy changes by the Correctional Service of Canada led to a significant decline in segregation placements, from over 700 on any given day a few years ago to just over 300 today.

However, we cannot ignore the fact that stakeholders, including the Office of the Correctional Investigator, advocacy groups, the Ashley Smith inquest and the courts, have raised concern about its effects, particularly on inmates suffering from mental health issues. I have seen a segregation unit in a maximum security prison. I cannot imagine a human being left there hour upon hour, day after day. Imagine a room with a bed, or more like a cot, a toilet and sink, and maybe a small desk attached to the wall, which might or might not have a seat, and being confined there for 22 hours a day with limited to no human contact.

In the courts, recent decisions in both Ontario and British Columbia called for legislative reform to the practice. They have also called for improvements to the provision of mental health services within corrections. At the same time, others have argued that segregation is necessary to ensure that correctional institutions remain safe for their employees and the people in custody. The safety of correctional staff must always be an overarching consideration. Our correctional institutions are full of dedicated staff who work long hours in challenging circumstances to make a positive difference by promoting rehabilitation and protecting communities.

As a member of the public safety committee, I have had the opportunity to tour a number of corrections facilities across the country and to get to know many of the men and women who work in the corrections system, including the commissioner and correctional investigator, regional managers, wardens, corrections officers, parole officers, aboriginal liaison officers, program officers, nurses and more. They work incredibly hard with very little recognition, working day in and day out to rehabilitate those in our corrections system. They develop correctional plans for offenders to ensure that they are receiving programming throughout their sentences. They are passionate about their work and often make a real difference in the lives of offenders so that they can become more productive and healthy members of society upon their release.

Until now, correctional staff had few alternatives to segregation when having to isolate an inmate for safety reasons. We now have an opportunity to address that problem. Bill C-83 would eliminate segregation altogether and establish structured intervention units. These SIUs would provide the necessary resources and expertise to address the safety risks of inmates in difficult circumstances. They would help manage offenders who could not otherwise be safely managed. In an SIU, an inmate would receive structured interventions and programming tailored to their specific needs. Every day, they would have a minimum of four hours outside their cell, including at least two hours of meaningful human interaction.

In the existing segregation system, by contrast, people get only two hours out of the cell and little or no meaningful interaction with other people.

I find some of the rhetoric on the bill coming from my Conservative colleagues to be disturbing. I have heard my colleagues on the opposition benches argue that the bill would make life easier for offenders in corrections facilities. I have said it before in the House and I will say it again. I believe it is essential that our system does all within its power to rehabilitate offenders, if only because we know that it leads to lower recidivism rates and ultimately makes all Canadians safer.

As my friend Stan Stapleton, president of the Union of Safety and Justice Employees, has said with regard to the bill:

There is evidence that shows that strong rehabilitative programs make communities safer and create a safer environment for both employees and offenders inside institutions...The reality is these offenders--almost all of them--will return to the community. And so if we simply lock them up and throw away the key, we're not providing them with the tools that they require in order to safely reintegrate back into society.

I could not agree more and I urge my colleagues to join me in supporting the bill. With Bill C-83, offenders will have the ability to work toward the objectives in the correctional plan thanks to a focus on intervention so they are better placed to become productive members of society once they are released. I think we can all agree that this is good for the public safety of Canadians.

With these changes, offenders will have daily visits from health care professionals. Ultimately the idea is to facilitate safe reintegration into the mainstream inmate population as soon as possible.

To that end, placements in SIUs will be subject to a robust system of review. An initial review will happen within five days by the institution's warden. If the person remains in the SIU, subsequent reviews will be done by the warden after 30 days and by the commissioner every 30 days thereafter. Also, at any time a health care professional can recommend a change in conditions or a transfer out of the SIU.

Importantly, the bill also proposes to enshrine in law the principle that health care professionals within the corrections system must have the autonomy to exercise their own medical judgment. As recommended by the Ashley Smith inquest, it creates a system of patient advocates who will help ensure people get the medical treatment they need.

Having spent considerable time studying this issue at the committees on which I serve and having visited several corrections facilities, I can say with confidence that Bill C-83 represents a substantial change in the right direction. We have the opportunity to act now to improve correctional outcomes, reduce violent incidents and ensure a safe environment for inmates, staff, volunteers and the institutions as a whole.

We have the opportunity to contribute to community and public safety by supporting bold new proposals that assist with the rehabilitation of offenders, reducing the risk of reoffending and keeping our communities safe.

I look forward to the opportunity to study the bill further at committee and I urge all members to join me in supporting these important changes.

[Corrections and Conditional Release Act, October 23rd, 2018]

Madam Speaker, first, I would like to thank the member for Saanich—Gulf Islands for her speech on this bill and her comments, all of which I agree with. She is passionate about this issue, she is well-researched, and I could not agree more that we need to start looking at our prison system in a different way.

It is important to remember that this bill is tied to investments in mental health, which are critical for people who are looking at segregation.

I am very curious to know what kind of amendments the member would be looking at. Does the member have any suggestions at this point? I would also just comment that I would be happy to work with her as this bill goes through committee.

[Veronica Tyrrell, October 23rd, 2018]

Mr. Speaker, our community recently lost a very special person with the passing of my dear friend, Veronica Tyrrell. Veronica made an enormous contribution to the Halton region by promoting, protecting and celebrating diversity.

Veronica was tireless in educating all of us about Oakville's black history and our ties to the Underground Railroad. I will never forget leading a black history bike tour to an emancipation day picnic she organized and arriving to the sounds of a choir singing Oh, Freedom. I worked with her to have our Oakville civic holiday renamed emancipation day, and she was thrilled.

As president of the Canadian Caribbean Association of Halton, Veronica organized galas, black history events, Christmas concerts and so much more. She founded a cross-generational steel pan band and youth programs with Halton Police.

Veronica dedicated herself to improving the community. Mostly, she was a loving wife, mother, grandmother and friend, one we will miss terribly.