moved:
Motion No. 23
That Bill C-83 be amended by deleting Clause 32.1.
Motion No. 24
That Bill C-83 be amended by deleting Clause 33.
Motion No. 25
That Bill C-83 be amended by deleting Clause 36.
Motion No. 26
That Bill C-83 be amended by deleting Clause 39.
Motion No. 27
That Bill C-83 be amended by deleting Clause 40.
Mr. Speaker, I am pleased to rise in the House to speak at report stage of Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.
Bill C-83 has several elements, and the first is to eliminate the use of administrative segregation in correctional institutions.
During the committee's study, we heard from witnesses from a number of organizations, including the correctional investigator of Canada, who was quite surprised that he was not consulted while Bill C-83 was being drafted. The correctional investigator of Canada told us that eliminating solitary confinement was one thing but that replacing it with a regime that imposes restrictions on retained rights and liberties with little regard for due process and administrative principles is inconsistent with the Corrections and Conditional Release Act as well as the charter. That is a pretty strong statement.
In his testimony, the correctional investigator also said that there had been very little detail provided by the Correctional Service of Canada or the government on how this is going to be implemented. Not for the first time, my colleagues were improvising.
Canadian penitentiaries use administrative segregation under two circumstances. The first is when a prisoner behaves in a way that poses a danger to the prison's general population. One example that I think all Canadians will be familiar with is that of Paul Bernardo. He was not sent into the regular system because he was still thought to be too dangerous. Since no rehabilitation was possible in his case, Mr. Bernardo spends most of his time in the segregation area.
There are also prisoners who request segregation. They want to be segregated for their own safety, and also to have some mental downtime. This reminds me of someone I met recently at Donnacona Institution. Mr. Dumas has been in prison for over 40 years, for various reasons. He always wants to be in segregation. He says he is just fine there and wants to stay.
Considering the amendments in Bill C-83, what will happen to Paul Bernardo? Will he be told that he now has four hours of freedom to meet up with his buddies and pontificate over a nice glass of water? I do not believe this can really apply in his case.
As for the inmate I met at Donnacona, when he tells us that he prefers to stay in segregation, we will have to tell him that it is not possible because segregation will be a thing of the past. That will be a serious problem for him.
This new approach will create structured intervention units. That is a nice term, but what does it actually mean?
We never really got any answers, because it is actually a grander name for the same thing. It is an area of the prison, a wing set aside for segregation, but it might have a room where people can sit around a table and talk, and perhaps another small room where they can meet with caseworkers. When we asked questions, the government did not have any answers. They are basically trying to make us believe that segregation cells are like what we see in the movies. We think of them as bare, windowless cells that are pitch black when the door is closed. That is how it was in the days of Alcatraz. That was a long time ago.
Segregation cells are exactly like regular cells. The difference is that they are in a different area of the prison. Prisoners in segregation are even entitled to TVs and many other things. Even the size of the cell is the same. They can see outside. There is no problem.
One of the major differences, I admit, is time. Currently, prisoners in segregation stay in their cells for 22 hours a day. That will change. They will now stay in their cells for 20 hours a day instead of 22. However, the concept of structured intervention units is a very philosophical one. I doubt that any amendments will be made in this regard. After all the discussions and checks that happened in committee, there is really nothing left to change, except the name.
At any rate, change costs money. Normally, when a bill that imposes new standards is introduced, the necessary funding needs to be earmarked. Once again, we have no information about funding. We know that more than $400 million was sent to the Correctional Service of Canada last year, but we do not know how much will be allocated to the implementation of Bill C-83.
We do agree with the scanners. We do not always disagree. We think body scanners are very important. Right now, Ontario and British Columbia have body scanners in their provincial penitentiaries. They are very effective, detecting more than 95% of what people entering the penitentiary may have on or inside their bodies. They are intrusive but necessary. Some people have very inventive ways of smuggling drugs and other things into prisons.
The irony is that prisoners are going to be provided with needles so that they can inject drugs. This is a program that is currently being rolled out in Canada’s penitentiaries. The Union of Canadian Correctional Officers is totally opposed to this program, and other stakeholders have also said that it makes no sense. The argument is that it is a public health issue, and we understand that, but from a safety standpoint, it does not make sense. The union says that handing out needles to prisoners could be very dangerous for correctional officers and other prisoners.
I know that there is the idea of an exchange and all that, but let us not forget that prisoners have a lot of time to think and make plans. When I visited the Donnacona prison recently, I saw all sort of things going on, things people would not even imagine. People do not realize that prisoners have nothing to do but think. They will find ways to misuse the needles.
If we introduce body scanners, which would detect drugs coming into prisons and therefore greatly reduce drug use, there would be no need to supply inmates with needles. We need to be consistent. The Conservatives think the important thing is to stop drugs from entering prisons by using scanners as much as possible. We also cannot forget the drones that are used to get drugs into prisons. If prisoners no longer have drugs to inject, they will not need taxpayer-funded needles.
There was some talk of other health parameters, and we made some suggestions. I could read out our proposed amendments, which were based on conversations with representatives from the John Howard Society and the Elizabeth Fry Society. For example, we proposed that:
...correctional policies, programs and practices provide, regardless of gender, access to activities and to training for future employment but provide inmates who are soon to be released with priority access to the activities that prepare them for release, including counselling and help with mental health issues.
This amendment was rejected by our friends on the other side. Here is another one:
A staff member may recommend to a registered health care professional employed...by the Service that the professional assess the mental health of an inmate, if the inmate:
(a) refuses to interact with others for a prescribed period;
(b) exhibits a tendency to self-harm;
(c) is showing signs of an adverse drug reaction;
In short, we thought our health-related amendments were quite relevant, but they were rejected.
In closing, we know that the B.C. Supreme Court and the Superior Court have ruled on administrative segregation, but Bill C-83 was introduced in response to those rulings, even though the government appealed the rulings. We are currently at report stage, and the House is being asked to force prisons to do things in a certain way that will have direct repercussions on the safety of prison guards and prisoners themselves. We think that is unacceptable.
