:
I want to welcome all of our colleagues.
[English]
Colleagues, welcome back after a bit of a frosty break. As far as the temperature is concerned, I'm sure we can heat up the room here as we move forward. Of course we're all envious of Mr. Garrison's 15 to 20 degrees above Celsius.
This is meeting number 45 of the Standing Committee on Public Safety and National Security. Our orders of the day are to study Bill .
Appearing before us as a witness today is the Honourable Steven Blaney, Minister of Public Safety and Emergency Preparedness. He will be with us for the first hour. Accompanying Mr. Blaney for the duration from the Department of Public Safety and Emergency Preparedness is Kathy Thompson, assistant deputy minister of community safety and countering crime branch. We also have, from the Correctional Service of Canada, Don Head, commissioner. From the Parole Board of Canada, we have Harvey Cenaiko, chairperson.
Ladies and gentlemen, let us go right to our meeting.
Minister, I presume you have an opening statement. You have the floor, sir.
The committee will have to consider important bills over the coming weeks and months. Thank you for having me again this morning as part of the study of the bill on drug-free federal prisons.
[English]
Once again, I want to thank committee members for inviting me here today to discuss this important legislation, the .
[Translation]
The bill before you today aims to provide the Parole Board of Canada with new tools. That body has to ensure that prisoners stop using drugs, be it in the prison system or in the community—for instance, when they are on parole. Mr. Chair, it is important to understand that the objective of Canadian correctional services is rehabilitation. The idea is to take into consideration an inmate's situation when they are incarcerated and be able to provide them with tools that will help them reintegrate into society in a constructive manner.
[English]
In order to assist us in our deliberations on this important bill, I am pleased to be joined by the assistant deputy minister, Kathy Thompson; the commissioner of Correctional Service of Canada, Don Head; and Harvey Cenaiko, the chairperson of the Parole Board of Canada. On behalf of all of us, I thank them for their important work to keep us safe.
[Translation]
As the committee members know, the sale and use of drugs in our penitentiaries is not a new problem or one that is easy to resolve. We must first recognize that a problem exists and take steps to understand its pervasiveness and be able to eradicate it.
[English]
Approximately 75% of inmates entering federal prisons have a history of drug or alcohol use. This means that 15 out of every 20 inmates will require some sort of substance abuse programming as part of their correctional plan.
[Translation]
In order to correct these behaviours, one of the biggest problems we need to resolve is the fact that drugs and other contraband continue to enter and circulate in our correctional institutions.
[English]
While it seems logical that prisons should be free from drugs, the problem persists. Every year, our correctional officers work to remove these illegal drugs. In fiscal year 2013-14, we saw 2,406 drug-related seizures in federal prisons. The rate of seizures has been steadily increasing since our Conservative government was elected.
[Translation]
Over the past few years, our government has invested in measures that help correctional services control the smuggling of drugs into our federal prisons.
[English]
In our economic action plan 2008, we allocated $122 million to help develop a tougher approach to drug interdiction in our federal prisons.
[Translation]
Correctional Service Canada has expanded its drug detector dog program, which I have had an opportunity to look at. The agency has strengthened its ability to obtain security intelligence in institutions, increased the number of offenders under supervision in communities and helped establish stronger partnerships among law enforcement agencies.
[English]
Building on those significant investments, we have taken strong legislative actions to place a greater emphasis on offender accountability.
[Translation]
That is the goal of the Safe Streets and Communities Act. This piece of legislation adds a legal obligation to establish a correctional plan that encompasses a wide range of elements, including drug addiction. As soon as inmates start serving their sentence, we want to equip them with tools that will help them reintegrate into society free of addiction to alcohol or drugs.
[English]
That important bill also established tough mandatory sentences for those caught trying to sell drugs on prison grounds.
[Translation]
However, there is still work to be done. The bill on drug-free prisons will constitute another legislative tool for dealing with this ongoing problem.
[English]
It will be part of our ongoing efforts. In 2011, our Conservative government made a commitment to Canadians to work to eradicate drugs from behind bars. We will ensure that every federal inmate will undergo drug testing at least once a year, that every federal inmate who is found to be in possession of illicit substances will face appropriate additional charges, and that any parole applicant who fails a drug test will be denied parole.
[Translation]
We are already seeing progress when it comes to the first two points. Correctional Service Canada has taken decisive action to help honour the commitment to subject each inmate to testing annually.
[English]
Urinalysis to detect levels is a key measure for corrections staff. To this end, the CSC increased its monthly random urine testing from 5% to 8% of inmates and then, in April 2013, from 8% to 10%.
[Translation]
This approach has yielded concrete results. In 2013-14, correctional services carried out more than 16,000 urine analyses in prisons—a 114% increase over 2011-12.
[English]
As our government increased testing and enforcement, the logical results followed. The percentages of positive tests and refusals have declined, which indicates that the availability of drugs has substantially decreased. This progress is the result of our government's strong actions.
Furthermore, CSC is working to fulfill our second commitment. CSC is now taking the commonsensical step of automatically referring cases of drug possession to law enforcement for appropriate action. As well, efforts are under way to impose tougher institutional fines on inmates found guilty of disciplinary offences; so if you are caught with a positive test in a penitentiary, you will face the consequences.
[Translation]
Our government is currently considering a regulatory reform that will be necessary to increase those charges. The Drug-Free Prisons Act will help us fulfill the third commitment from our 2011 platform—denying parole to applicants who fail a drug test. You can understand the logic behind this, Mr. Chair. Our goal is rehabilitation. We want inmates who still have substance abuse problems to benefit from the available rehabilitation programs and break free from their addiction before being released.
To do this, we are proposing two amendments to the Corrections and Conditional Release Act that are meant to provide additional legal tools to the Parole Board of Canada, which is represented here this morning by its chairperson, Mr. Cenaiko.
[English]
First, this bill would ensure that the Parole Board has the explicit authority to cancel parole after it is granted if an offender fails or refuses to take a urine test before he or she is released.
[Translation]
If an offender fails their drug test or refuses to participate, Correctional Service Canada would have to pass that information on to the Parole Board of Canada. That information would enable the board to review its decision, if it deemed it necessary.
[English]
Second, the bill would clarify the parole board's authority to apply a special condition that requires offenders to abstain from using drugs and alcohol once they are released on parole.
[Translation]
This authority is another important tool for fighting against illicit drug use and breaking the crime cycle beyond the bars of our prisons.
[English]
If offenders do not abide by these conditions, their parole can be immediately revoked.
[Translation]
Those two changes will help put more emphasis on offenders' responsibility. The ball will be in their court in order to help each and every one of them take control of their condition.
[English]
That is exactly what we promised Canadians in the last election and we are proud to deliver.
Mr. Chair, our Conservative government has a credible plan for tackling the issue of drugs in our prisons.
[Translation]
The challenge we are facing is complex, Mr. Chair.
Drugs are illegal in our penitentiaries, but we have to face this reality and take steps to eradicate it. We have used three measures to do this since we took office. Two of those measures have already been implemented. This morning, with the committee's support, we will be able to adopt a third measure, which is part of our commitment to eliminating the presence of drugs in our prisons.
I am now available to answer any questions.
Thank you, Mr. Chair.
:
Thank you for the question.
First of all, I would be delighted to tell you that there is absolutely no presence of drugs in our penitentiaries, but unfortunately, this is not exactly the case. That's why we need to have the courage to tackle this issue. The way we can do that is, first, by reducing the possibility of drugs entering our facilities. That is what our commissioner has been working on over the course of several years.
Prisons are small communities, and like any community, every day hundreds of people pass in and out of these facilities. There are many kinds of people working in them, entering for their shifts. There are garbage trucks. There is food entering. There are inmates going in and out to medical treatments. There are offenders being gradually released who leave for a few hours and come back. They may leave for court appearances. They have visitors and sometimes those visitors may not be helpful for the rehabilitation of those inmates.
We need to adapt. We've even seen drugs entering our facilities by projectile. People can be very creative. That's why it's a big challenge for our correctional services officers.
The core of the problem is that if you enter a facility with an addiction problem and you are trying to continue that addiction, you are not headed toward sound rehabilitation. The first goal of the Correctional Service of Canada is that, while serving a sentence, an inmate has to be given the opportunity to get back into society in a constructive manner. That is why we need to eradicate the presence of drugs, but first we need to acknowledge there is a problem.
We have an issue with drugs in our facilities. That's what the commissioner is dealing with on a daily basis. That's why we've increased the resources to limit the introduction of drugs into our facilities. We have seen the results, with the dogs especially being able to detect the presence of drugs on visitors. These are the kinds of measures we have, but one thing will always remain: Every individual has a choice to make and we have to provide them with the tools, so that if they decide to be free of drugs, they will be able to achieve this goal and get back into society in a constructive manner.
:
There are some inaccuracies in your question, but let me try to shed some light on your comments.
First, yes, drug addiction is a personal problem. It is the personal responsibility of an individual to take the necessary steps to get free of addiction. Our role is to offer them the support, the help, and the tools that are needed. In fact, we are doing so. We are investing tens of thousands of millions in our correctional facilities to help inmates with the different issues. In fact, you may be interested in knowing that for those individuals seeking a drug-related therapy, 95% of inmates are being provided with the therapy.
Yes, the Correctional Service of Canada is providing help and support to those who need it. That's part of their rehabilitation program. That's why we've been investing in rehabilitation, but that's why we also need to invest in reducing the possibility of drugs entering our facilities, and for anyone who is caught testing positive, to give those individuals the opportunity to get therapy.
If we don't have this testing and if we don't test the inmates randomly like we do, we won't know we have a problem; we won't be helping the inmate and we won't be helping society. The individual will go back into society with a drug addiction problem. You can be sure that there is a strong possibility the individual will come back into our facility, and we'll be dealing again with the same problem.
That's why we are moving forward. That's why we are increasing random testing. The first way to solve the problem is to recognize there is a problem.
:
Thank you to the witnesses and the minister for attending today.
Minister, I'd like to keep things simple. We can throw percentages and numbers and a whole lot of things out there, but my message, and I think your message, isn't to the people sitting in this room or around this table; our message is to the men and women who formulate the population of this country and whose expectation is that when people go to prison, they do not have access to drugs.
In previous committees where this issue has been brought up, the opposition has said that you must be dreaming if you ever hope to eradicate 100% of drugs from prison. I think the answer is that probably not ever will there be a 100%—since we're talking about percentages—drug-free prison. But for members of Parliament, those men and women whom we are very proud of in the correctional service, who help keep us safe and provide the necessary programming to those in our prisons, we have to keep safe, we have to provide them with the ability to help those who are in prison get rid of their addiction.
Would you not agree with me, Minister, that one of the best ways to help people leave their addiction behind is for them to be in a place where they cannot obtain or have access to that very thing, whether it be drugs, alcohol, or tobacco for that matter? Wouldn't that be the best first step?
:
Thank you very much, Mr. Chair.
I want to thank the officials and the minister for joining us in this committee. It's greatly appreciated.
I'm glad we are talking about Bill today, but especially about the issue of drugs and substance abuse in our prisons. I think everyone here agrees that there is a problem in our penitentiaries, from coast to coast to coast, and that we cannot ignore it. I think it has to be addressed. It's interesting to hear the comments and questions from around the table.
We all know that inmates in our prisons will have to reintegrate into society. It is our duty, as parliamentarians—and especially yours, as Minister of Public Safety and Emergency Preparedness—to ensure that these individuals become upstanding citizens once they are released. That is why we have to make sure the best tools are available. The figures you are showing us on treatments and substance abuse have given me a lot to think about.
You talked about the positive aspect of testing that has been done and treatments available to those inmates. You specified that therapy was available to 95% of prisoners.
I would like to know whether there is currently a waiting list and, if so, whether it's a long one. Are all those inmates, who account for 95% of the prison population, undergoing treatment or are they on a waiting list?
:
Thank you for your question.
I agree with you that addiction and substance abuse constitute aggravating factors. We often see a pattern of mental health problems coupled with substance abuse. This is an explosive combination that can lead to highly regrettable actions and severe imbalances.
As for treatments, I am am showing you this morning that programs are available. They are provided to inmates. The commissioner did say that treatments are available to inmates so that, once they are eligible for parole, they will have had access to treatment to kick their habit.
We have also seen that inmates undergo testing as soon as they enter our penitentiaries. Some $10 million is invested in substance abuse prevention in federal correctional facilities.
However, I would like to return to the most impressive figure from this morning. When an inmate needs treatment, they receive it in 95% of cases. The resources are available, and it is important for us to ensure we can identify people who need treatment.
I would say that, the more effective we become in terms of identifying drug abuse issues through testing or through drug seizures—and we have seen the figures increase because we are more stringent—the greater our ability to provide rehabilitation treatments. The truth is in the numbers.
We are making this investment because, if substance abuse issues are curbed and we help people free themselves of their addiction, they will be less likely to reoffend and more likely to become productive members of society. We will continue to make the necessary resources available. So I hope we will have your support, as this bill will help us better identify inmates with substance abuse problems and send a clear message that inmates who wish to reintegrate into society will have access to tools that will help them end their drug habit.
We will also make even more tools available to help prevent illicit substances from coming into federal institutions.
:
The new information that will be provided with the legislation will trigger a review by the board, as is currently the case when any new information regarding an offender is provided to the Parole Board of Canada prior to an offender's release, which we obtain from CSC. The board would assess whether the criteria for granting parole is met.
We make in the area of 27,000 decisions; approximately 85 board members make about 27,000 decisions every year, reviewing about 19,672 cases.
In addition to that, the use of the special condition to abstain from drugs and alcohol was used in 2013-14 on 15,683 occasions, which again ties in with the large number of offenders in the institutions who have come into the institutions, or had a drug or alcohol criminogenic factor in committing criminal offences prior to being institutionalized, prior to being convicted.
I think it is important legislation. It touches on the majority of offenders, as the minister mentioned, 75% in the institutions. As we move forward, the opportunities for rehabilitation are in the institutions.
They're also noted in the correctional plan, which the offenders are responsible for working with CSC in developing, to prepare themselves for their release back into the community. As they prepare to come before the Parole Board, they're preparing themselves. We take note of all the programming that they've taken in the institution, which would include alcohol and drug prevention programs, in preparing themselves. Obviously, if they haven't, if they've tested positive, those are taken into consideration.
:
It's 97%. Wow. So we have to worry and flagellate ourselves over 3%. That's what you'll hear from the opposition, that the government never spends enough; there's not enough of this; there's not enough of that. I agree with them, by the way. When you have 3% of people who are recidivist, we need to do something about the 3%. But we can't discard the 97%. So I want to thank Mr. Head, Mr. Cenaiko, and Ms. Thompson for their work. But it's not done, and that's what we as legislators are trying to do.
You've just responded, Mr. Cenaiko, to whether this piece of legislation is going to force the Parole Board to mandatorily do something, and you said no, that you still have discretionary powers, and that all this legislation does is put into a regulatory regime that which is already being done. I really don't see a problem there, and I don't think the average Canadian does.
Mr. Head, would you agree with me that the average Canadian, the moms and dads and young folks out there, have a hard time getting their heads around the fact that someone who's placed in a prison, with all the things we do to make sure that society is kept safe, that the men and women who work there are kept safe, and that there's programming...they just say, how in the heck do people get drugs into prison? Thank you for explaining to the folks out there.
One thing we have in our society—and I'm very glad we live in a free, democratic society—is that even if you are in prison, you have certain rights. Having spoken of some of the men and women who work in our prisons, saying how drugs are getting in, you left out one that really bothered me for a while. Then you get your head around it, and you think: it's in the diapers of babies sometimes.
Have you heard of that, Mr. Head, as a way of getting drugs in?