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View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2019-06-19 22:56 [p.29495]
Mr. Speaker, I will be proposing an amendment at the end of my speech. Please let me know when I have one minute remaining.
I would like to share with the House a few important quotes.
First, I will go over the topic I just raised in my question to the hon. member for Yellowhead. In Canada, administrative segregation is a scourge. It has been overused for many years and was an issue well before the current government came to power.
During the previous Parliament, two of our colleagues, the member for Esquimalt—Saanich—Sooke, who was the critic, and the former member for Alfred-Pellan, Rosane Doré Lefebvre, who was the deputy critic, asked many questions about the inquest into the tragic circumstances surrounding Ashley Smith's death. I invite all parliamentarians who wish to speak about that case to read that file.
It is horrifying to see that this teenager, this child, was killed. The findings of the inquest attest to the negligence and abuse in the prison system. The Correctional Service of Canada has to take responsibility for its role in this tragedy.
It is all the more troubling when we consider that members of her family, namely her mother and her sister, if I remember correctly, came to testify before the Senate committee. Senator Pate, who was doing amazing work on this file long before being appointed to the Senate, had invited them to testify. In their testimony, the family members said they were disappointed and furious with the Prime Minister and the Minister of Public Safety, who were supposed to make improvements to ensure that the circumstances surrounding Ashley's death never happened again. They invoked her name and her memory to justify their approach, but in the end this approach will not help resolve the situation at all.
Since the Liberals took office, two courts and the Supreme Court have granted extensions and the government has requested a stay because the legislation before us has not yet passed. The courts found what we have known for a long time, namely that excessive use of administrative segregation is unconstitutional.
That pronouncement is deeply disturbing. We know of numerous cases of abuse. Incidentally, those cases of abuse are not exclusive to federal institutions. However, given our jurisdiction and the limited time we have left, we cannot delve into the many troubling cases that worry us, including the one that happened recently in Ontario.
It is important to bear in mind that the remedy the government is proposing is no remedy at all. In fact, it is quite the contrary. The reason so many stakeholders, and in certain cases, the loved ones of victims of the abusive use of solitary confinement, have deplored this is that all we have is a rebrand. It is solitary confinement under a different name.
As is unfortunately too often the case with the government, we have to propose amendments and make changes to bills, pointing out there are a few things that might be better. Experts agree that the courts will continue to find this practice, even if under a different name like structured intervention units, to be unconstitutional. I will come back to this with some quotes I pulled up earlier, which I want to share with the House.
Bill C-83 was one of the first bills that came before our committee and was opposed by all the witnesses. Rarely had I seen this until quite recently, although there have been a few since then. I am sure Liberal members could pull out a couple of quotes to say that corrections officers think this would be an okay approach. However, the witnesses were opposed to this approach, because a variety of things were not in place that needed to be.
One of the Senate's proposed amendments is to require judicial approval for an inmate to be held in solitary confinement. This is nothing new. Justice Louise Arbour conducted an inquiry into riots at an institution in Saskatchewan. She noted that the overuse of segregation has an impact on inmates.
Judges sometimes impose sentences of imprisonment as part of their duties and authority. However, when segregation is overused, this means that institutions, their managers and, ultimately, the Correctional Service of Canada are altering the judge's decision. They are modifying the sentence handed down by the judge. This was Justice Arbour's argument, which is why she advocated for the use of judicial supervision.
What is particularly troubling to me is that I proposed an amendment, now Senator Pate has proposed an amendment and these amendments are being rejected by the government. My understanding, after hearing the parliamentary secretary's speech earlier tonight, is that it would cause an increased workload on provincial courts. Ultimately, the sad and tragic thing about that argument is that the only reason it would cause an increased workload is because of the abusive use of solitary confinement as so many individuals are being subjected to the practice when they should not necessarily be.
Focusing on women offenders in particular, I presented an amendment at committee to end the practice completely in women's institutions. Why? The figures demonstrate two things. One is that the number of women in solitary confinement is infinitesimal. The practice is not necessary for maintaining security in our institutions, which is obviously the primary reason it is used most of the time. The second is quite simply that pregnant women, women with mental health problems and indigenous women are the women most often negatively affected by the abusive use of solitary confinement. There is certainly an argument to be made about that, but at the very least, it should be with judicial oversight.
In fact, the argument might also be made that Senator Pate's amendment goes too far. I do not think so, which, as I said, leads us to support the amendment, but there are other routes as well. I proposed an amendment that sought a longer period of 15 days before judicial oversight would be required. It is certainly a much longer and wider threshold than what Senator Pate is proposing. That was also rejected.
The fact of the matter is that the issue we are facing here is quite contradictory. I want to go back to another issue that was raised by the parliamentary secretary about the burden we would be putting on provinces. The parliamentary secretary mentioned the burden on provincial mental health hospitals and institutions. That is one of reasons I wanted the Senate amendments. Members will forgive me for not recalling the exact amendment, but this was being proposed.
We look at the same Public Safety department, through the work of my provincial colleague in Queen's Park, Jennifer French. It has fought the Ontario government for years over the fact that it has contracts with Public Safety Canada to detain, in some cases with dubious human rights parameters, immigrants who have sometimes not even committed crimes and have uncertain legal status in our country. When that is the purview of the federal government, these individuals are treated very poorly.
I do not have the title with me, but I would be happy to share with them a great report in the Toronto Star two years ago, if I am not mistaken, on some of these individuals. One individual, for example, in the U.S. was apparently accused of stealing a DVD, but was never found guilty in court. He came to Canada, was working through the process for permanent residency and due to a variety of issues, he is now being detained in a provincial prison under poor circumstances, without the proper accountability that a normal detention process would have. Even though that is the responsibility of the federal government, there are issues like overcrowding and such, and that is through subcontracting that the federal government does with the provinces.
Why am I talking about a completely different case? I am simply trying to demonstrate the government's hypocrisy.
The government has no qualms about working with the provinces. In some cases, it even forces them to implement legislation and various mechanisms related to our legal and correctional systems. Now, the government wants to use the provinces as an argument to continue violating inmates' rights.
As promised, I will share some quotes. I want to share two of them with the House.
First of all, I want to go to the Ontario Court of Appeal ruling granting the second extension, in April. Certainly my colleagues who are lawyers will not appreciate me selectively quoting. It is always a dubious and dangerous game, but I will do so for the sake of expediency. The court said this:
Extensive evidence is put forward outlining the legislative process, the steps necessary to implement the Bill [Bill C-83]including cost, staff training, infrastructure, public consultations.... But this court remains where we were when the first extension was argued: we have virtually nothing to indicate that the constitutional breach identified by the application judge is being or will be addressed in the future.
It is pretty clear from that quote and that extension, and not even the initial judgment ruling that the practice was unconstitutional, that this is an issue the bill will not resolve.
I sort of opened the door to this at the beginning, and I did not quite finish that thought, but I did want to come back to it, because I just mentioned the second extension.
Bill C-56 was tabled in 2017, the first attempt by the government to deal with this, because it was, after all, part of not one minister's but two ministers' mandate letters, the minister of justice and the Minister of Public Safety. As I said, it was a debate that began in the previous Parliament and even before through a variety of public inquiries and the like.
Finally, we get to Bill C-83, which was tabled late last year. Here we are now, at the eleventh hour, having it rammed through, because the government, quite frankly, did not do its proper homework. It is problematic, because here we have the Liberals asking for extensions and having to go now, in the last few weeks, to the Supreme Court, of all places, to get an additional extension. The thing is that the witnesses at committee were not consulted. No one was consulted except the officials in the minister's office, and they all came to committee to tell us that.
I would like someone to explain to me how this could be an issue when the Prime Minister included it in his 2015 mandate letters for the ministers responsible. A bill was introduced in 2017, and two decisions by two different courts, the B.C. Supreme Court and the Ontario Superior Court of Justice, were handed down in late 2017 and early 2018. Then Bill C-83 was introduced in late 2018. Then not one, not two, but three applications were filed for an extension to implement what the courts had requested.
That is interesting. I have a great deal of respect for my colleague from Oakville North—Burlington. Earlier, when she asked the member for Yellowhead a question, she stated that it might be more beneficial for correctional officers if we were to pass the bill so as not to have to impose the will of the courts upon them.
Personally, to defend human rights and prevent people from dying in our prisons due to excessive use of administrative segregation, I would like the courts' restrictions and terms to be imposed. Of course, that is what we wanted to see in the legislation.
On a similar note, I would like to come back to the UN rules concerning segregation, which are known as the Nelson Mandela rules.
They cover a number of factors: the number of consecutive days in administrative segregation, the number of consecutive hours in administrative segregation and the number of hours spent outside the cell. Viewers might see that last point as problematic, but when inmates are outside their cells, they are not frolicking in wildflower meadows. I hope my colleagues will forgive my humorous tone when talking about such a serious issue. All that means is outside the cell used for administrative segregation. The rules also mention the importance of meaningful human contact.
Now I would like to read the quote I read a small part of when I asked the parliamentary secretary a question.
Dr. Adelina Iftene is a law professor at Dalhousie University. I will read the full quote and I ask for colleagues' indulgence. She said:
The government claims that these units don’t fall under the definition of solitary confinement because the amount of time prisoners would be alone in their cells is 20 hours versus 22 hours. While that falls within UN standards, the amount of time prisoners would have meaningful contact with other human beings–-two hours per day--does not. The UN standards state that meaningful contact of two hours or less per day is also considered solitary confinement. The government simply cannot argue that its proposed regime is not segregation. Passing a bill that does not include a cap on segregation time and judicial oversight will lead to another unconstitutional challenge.... Refusal to pass the bill with amendments would be a sign of bad faith, disregard for taxpayers’ money and for the rule of law. It is disheartening to see such resistance to upholding human rights at home by a country that champions human rights abroad.
That drives home the point that the window dressing may have changed, but the store still carries the same goods. Please forgive my use of such a light-hearted expression. The system is the same, and it still has harsh and sometimes fatal consequences for people.
Some people argue that there are public safety reasons for this and that some of these inmates have committed horrible crimes and deserve to be punished. However, by far most of the people subjected to excessive use of administrative segregation struggle with mental health problems. That is a problem because these people are not getting the care they need for either their own rehabilitation or to ensure public safety objectives are achieved and they stop posing a threat to communities and society. Excessive use is at odds with our mental health and rehabilitation goals, and that is bad for public safety. I would encourage anyone who says this measure will improve public safety to think again because there is a situation here we really need to address.
I have a lot more that I would like to say, but my time is running out. As members can see, this problem has been around for years. Many stakeholders gave inspiring testimony, despite the sombre issue and our discouragement with regard to the government's proposals and inaction. What is more, what the Senate has been doing when it comes to some of the bills that were democratically passed by the House is deplorable. I am thinking of the bill introduced by my colleague from James Bay and the one introduced by our former colleague from Edmonton, Rona Ambrose, on sexual assault. That being said, Senator Pate has done extraordinary work. She has experience in the field. She used to work at the Elizabeth Fry Society. She knows what she is talking about, much more than anyone in the House. I tip my hat to her for the amendments that she managed to get adopted in the Senate. I support them.
Accordingly, I move, seconded by the hon. member for Jonquière:
That the motion be amended by deleting all the words after the word “That” and substituting the following: “the amendments made by the Senate to Bill C-83, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act, be now read a second time and concurred in.”
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