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View Pam Damoff Profile
Lib. (ON)
View Pam Damoff Profile
2018-11-02 12:44 [p.23212]
Madam Speaker, I am pleased to rise today to speak to the member's motion regarding Bill C-83, which the House has already voted on and passed at second reading.
The hon. member for Durham just mentioned that sometimes politics gets done in this place, and I would argue that the only thing being done by the Conservative Party right now is playing politics.
I cannot imagine what the family of Tori Stafford has gone through or any family that has lost a child in this manner. My heart goes out to all families who have lost children to crime.
I will start by discussing Bill C-83 and some concerns that have been raised about the working conditions of those working in corrections. It is challenging work. From guards to parole officers, program staff to medical professionals, corrections employees work hard, around the clock and in challenging environments to keep our institutions safe and in support of effective rehabilitation, which ultimately protects Canadian communities. They represent a professional workforce of nearly 18,000 employees, all engaged in the success of the corrections system and the fulfilment of Correctional Service Canada's mandate. That is complemented by some 6,000 volunteers in institutions and communities, not to mention elders, chaplains and the many other unsung heroes working in corrections. I want to assure all of those individuals that as we study Bill C-83 at committee, their voices will be heard and we will be listening to them.
Regarding the transfer referred to in this motion, when it came to the attention of the Minister of Public Safety, he asked the commissioner of corrections to review the transfer decision and the long-standing policies in place, which existed prior to our becoming government, that led to the decision, to ensure that they remain appropriate or to recommend if they need updating. As the Minister of Public Safety indicated in the House, he received the report from the commissioner of corrections late yesterday, a report that came with several policy options for him to consider. The minister is studying the report carefully and has said that if there are any changes that need to be made to these long-standing policies, they will be made in the near future.
In the meantime, the public safety committee is expected to begin its study of Bill C-83 next week. This transformational piece of legislation will eliminate segregation in Canadian corrections facilities, but is unrelated to the issue of this particular transfer. Through Bill C-83, the government is demonstrating its commitment to ensuring that we not only have the tools to make guilty parties accountable for breaking the law, but also create an environment that fosters rehabilitation so there are fewer repeat offenders, fewer victims and, ultimately, safer communities.
Virtually everyone in federal custody is eventually going to be released. It is in the best interests of public safety to ensure that when offenders are released, they are well prepared to participate meaningfully in society and that they are unlikely to reoffend. That is why we are strengthening the federal corrections system and aligning it with the latest evidence and best practices so that offenders are rehabilitated and better prepared to eventually re-enter our communities.
Bill C-83 would replace the long-standing practice of using segregation and replace it with the use of structured intervention units, or SIUs. This is a bold new approach to federal corrections. An offender may be placed in an SIU when there are reasonable grounds to believe that they pose a risk to the safety of any person, including themselves, or the security of the institution. It will protect the safety of staff and those in their custody by allowing offenders to be separated as required, while ensuring that those offenders receive effective rehabilitative programming, as well as interventions and mental health support. These things are not in place right now but we would put them in place with Bill C-83.
Currently, placement in segregation basically suspends all interventions and programming for an offender. The offender is essentially kept isolated from everyone. In a structured intervention unit, on the other hand, the offender will have a minimum of four hours outside of their cell and a minimum of two hours of meaningful interactions with other people, including staff, volunteers, visitors, elders, chaplains and other compatible inmates. They will have access to structured interventions to address the underlying behaviour that led to their placement in the SIU. These will include programs and mental health care tailored to their needs. It is a system that will allow for the protection of inmates, staff and the institution while ensuring that the time an inmate spends there does not interrupt his or her rehabilitative programming. Make no mistake, rehabilitative programming is essential to ensure that when the person is released from corrections, they will be able to live a life free of crime.
We will ensure that the correctional service has the resources it needs to ensure the safe and secure management of offenders within the SIU while delivering all of the important programming and allowing for visitations.
In addition, the new system will be subject to a robust internal review process. By the fifth working day after movement to an SIU, the warden will determine if the inmate should remain there, taking into account factors such as the inmate's correctional plan and medical condition. If the inmate remains in the SIU, subsequent reviews will happen after 30 days by the warden and every 30 days thereafter by the commissioner of corrections.
Reviews can be triggered by a medical professional at any time, and will be strengthened by the fact that Bill C-83 also enshrines in law for the first time 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 would create a system of patient advocates who will help ensure that people get the medical treatment they need.
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. These amendments are based on the 1999 Gladue case and reflect what the Supreme Court has found to be the constitutional right of an indigenous offender.
The bill would also improve support for victims. Currently, victims may attend a parole hearing of the perpetrator of the crime. Alternatively, victims can request audio recordings of the parole hearing if they are unable to attend. Unfortunately, due to a glitch in the existing act, if a victim attends in person, he or she is not able to receive an audio recording. We have heard from victims that parole hearings can be such an emotional time that afterward the victim often cannot remember the full details of what transpired. Bill C-83 would ensure that even if the victim attends in person, he or she will be able to get a copy of the recording.
The legislation would also allow CSC to use body scanners for the first time. These scanners are a less invasive way of searching inmates and visitors to a penitentiary while ensuring that correctional staff have the tools they need to detect and prevent contraband.
During Stephen Harper's time in office there were many inmates in healing lodges who had committed very serious crimes. In fact, dozens were convicted of murder and at least 14 were convicted in cases in which the victims were children. They were sent to healing lodges under the Harper government because, apparently, the Harper government understood that healing lodges were in the interest of rehabilitation and public safety. I would like to read a quote from the member for Moose Jaw—Lake Centre—Lanigan, who said, “Healing lodges developed in collaboration with aboriginal communities provide supportive healing and reintegration environments.”
In our country, we rely on our courts to deliver sentences and the corrections system to supervise offenders, to uphold public safety and to rehabilitate those in their care. We do not have a vigilante system in Canada. We do not allow public opinion or political rhetoric to determine the penalties dealt to individual offenders. Yet the opposition has been playing political games with this case and our entire justice system during the past weeks.
Let us be clear. There is no doubt that this offender should be in prison. There is no doubt that she remains in prison. The facts of the case are well known and they shake us to the core. She was tried and sentenced to life without eligibility for parole for 25 years. She has been in the custody of Correctional Services Canada since sentencing. Let me reiterate that she is still in prison and continues to be supervised while incarcerated and will remain under supervision for the rest of her life.
Neither the Minister of Public Safety nor the House has the ability to overturn the decision on where that individual offender should be serving her sentence. To make the public believe that we do is irresponsible for the opposition, and I, for one, do not want to live in a country where our justice and corrections systems rely on political rhetoric and public opinion in their decision-making processes.
Recently, we had the new commissioner of corrections at the public safety committee. She stated several times, just as the Minister of Public Safety has done here as well, that she was asked to review the circumstances surrounding this transfer decision, as well as the long-standing policies regarding transfers in general. As I mentioned earlier, the Minister of Public Safety received the commissioner's report late yesterday and is in the process of reviewing it.
Both of committees that I sit on, the status of women and public safety committees, tabled reports in June on the corrections system and, in particular, on indigenous people in corrections. The public safety committee's report was unanimous in calling for additional funding for healing lodges. Members from all parties heard from witnesses and agreed that healing lodges were doing excellent work and should be expanded and supported. The Conservative members of the committee agreed with us that they play an integral role in our corrections system. The status of women committee also recommended additional funding for healing lodges and heard extensive testimony on their benefits.
I wonder how many on the opposition benches have actually visited a women's medium-security institute or healing lodge. I have visited both. I suspect most people, including those in the House, expect prison to look more like what they see on television and in movies. They might be surprised to see what a medium-security institute like Grand Valley actually looks like.
Let me be clear. A healing lodge is still a secure corrections facility. Perhaps if it were called a women's indigenous corrections facility, we would not even be debating this issue, nor having the motion before us today. It is not a spa. It is not a summer camp. There are no luxury linens. Prisoners must follow the rules if they want to stay there.
A healing lodge is different from what Canadians might expect a prison to look like, but these institutions are also very different in their outcomes for prisoners, and in turn, better for Canadians and public safety in the long run. In fact, I would argue that is why the Harper Conservatives sent individuals who had been convicted of murder to healing lodges, because they recognized the benefits for offenders when they spend time in these institutions.
Claire Carefoot, executive director of the Buffalo Sage Wellness House, an Edmonton healing lodge, has 29 years of experience in corrections. She appeared before the public safety committee during our study, and stated:
It's not a get-out-of-jail-free [card].... We have the same kind of supervision and restrictions they have in a prison. Only we're doing it in a healing way.... they have to accept responsibility for their offences, for their victims, and they have to accept responsibility for their own behaviour.
Our government knows that a corrections system focused on accountability rather than simple retribution is better for corrections outcomes and, therefore, better for the public safety of all Canadians. We know that taking a rehabilitative approach is the best way to protect the public safety of Canadians. I think Canadians would agree that when people leave prison, we do not want them to commit a violent crime. It is not in the interests of public safety.
As we know, regardless of the length of their sentence, the vast majority of those incarcerated in our system will be released from prison at some point. They may very well move into our neighbourhoods. What kind of person do we want released from prison at the end of his or her sentence living next door to us? I feel strongly that, regardless of our feelings, public safety is best served when we take steps to prevent violent recidivism.
I mentioned the fact that the previous government sent individuals who had committed murder and individuals who had committed crimes against children to healing lodges.
I would argue that is the problem with the Conservative Party today. It has no moral centre. It has no principles around which to build policies. Conservatives simply swing from one issue to the next, with no sense of cohesion or principles to guide them. Almost every issue or policy that the Conservatives supported in government is one that they have a knee-jerk reaction to while in opposition.
It is the reason the member for Beauce has left the Conservative Party and founded a new Conservative movement. He says that today's Conservative Party of Canada has become “morally corrupt”, and that Canadians need a new coherent Conservative—
Some hon. members: Oh, oh!
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