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View John McKay Profile
Lib. (ON)
View John McKay Profile
2019-02-26 13:54 [p.25794]
Mr. Speaker, thank you for that generous five minutes.
I am pleased to join the debate on Bill C-83. I join this debate in two capacities: as an interested member of Parliament and as the chair of the public safety committee, which reviewed the bill, heard the witnesses and put forward quite a number of amendments to the original bill, which in some respects reflects the interest in the bill and how the government was open to amending the bill at committee.
The bill would replace the existing administrative segregation system with structured intervention units. The new SIUs would ensure a separation from the general prison population, which is sometimes necessary for security reasons. Even those witnesses who had actually been segregated prisoners emphasized the need for some mechanism by which a prisoner is separated from the general population. This, however, does not mean separation from rehabilitative programs, mental health care and other interventions.
If members think that this is just an academic exercise, I direct their attention to the front page of The Globe and Mail this morning. It read:
Ontario will not appeal a judge’s decision to abandon a charge of first-degree murder against Adam Capay, the 26-year-old from Lac Seul First Nation who spent more than 1,600 days in solitary confinement before a public furor over his plight forced officials to send him to a secure hospital.
The very issue that we are debating today is on the front page of The Globe and Mail. The article continued:
In deciding against an appeal, the province is consenting to a scathing ruling from Justice John Fregeau that set Mr. Capay free last month and faulted the ministry of corrections for allowing a term of solitary that was "prolonged, egregious and intolerable.”
In particular, he found that the jail’s procedure for reviewing Mr. Capay’s segregation was “pro forma, perfunctory and meaningless”....
Further on, there is some disaggregation of the errors and omissions:
At the time, nothing was controversial about the initial decision to lock him in solitary confinement. Correctional officers have authority to segregate a prisoner if they believe he could harm himself or others. On average, 472 provincial inmates faced segregation every day in 2012.
But in the Capay case, the institution started racking up serious errors and omissions that led directly to his release without trial.
The Supreme Court long ago ruled that people keep some residual rights and liberties after the courts send them to prison. If those residual rights are further reduced by being placed in segregation, the state must hold regular review hearings of the decision.
In Ontario, the law requires segregation review hearings to be held at the institutional level....
The article goes on to discuss Mr. Capay's case, but also the larger issue and that is the larger issue that we are facing today.
As I said earlier, when we heard testimony from various witnesses, those who actually had been subject to segregation and those who were supporting those who had been subject to segregation all argued for the need for segregation. The bill fits with the broader approach to corrections, which is based on the fact that public safety is best served by effective rehabilitation and treatment.
Naturally, there are some inmates who will never be granted any form of conditional release by the Parole Board. They are mostly people serving life sentences who will never progress to the point where the risk they pose to the outside can be managed outside of a correctional institution.
I see that my all too generous five minutes are now up and I will be delighted to resume after question period.
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