Interventions in the House of Commons
 
 
 
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View Bruce Stanton Profile
CPC (ON)
View Bruce Stanton Profile
2019-06-21 14:21 [p.29473]
I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills: C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast; C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts; C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts; C-83, An Act to amend the Corrections and Conditional Release Act and another Act; C-91, An Act respecting Indigenous languages; C-92, An Act respecting First Nations, Inuit and Métis children, youth and families; C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures; C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act; C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020.
View Bruce Stanton Profile
CPC (ON)
View Bruce Stanton Profile
2019-06-21 14:54 [p.29473]
I have the honour to inform the House that when this House did attend Her Excellency this day in the Senate chamber, Her Excellency the Governor General was pleased to give, in Her Majesty's name, the royal assent to the following bills:
C-71, An Act to amend certain Acts and Regulations in relation to firearms—Chapter 9.
C-81, An Act to ensure a barrier-free Canada—Chapter 10.
S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)—Chapter 11.
C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Chapter 12.
C-59, An Act respecting national security matters—Chapter 13.
C-68, An Act to amend the Fisheries Act and other Acts in consequence—Chapter 14.
C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts—Chapter 15.
C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act—Chapter 16.
C-84, An Act to amend the Criminal Code (bestiality and animal fighting)—Chapter 17.
C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts—Chapter 18.
C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts—Chapter 19.
C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis—Chapter 20.
C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020—Chapter 21.
C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act—Chapter 22.
C-91, An Act respecting Indigenous languages—Chapter 23.
C-92, An Act respecting First Nations, Inuit and Métis children, youth and families—Chapter 24.
C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts—Chapter 25.
C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast—Chapter 26.
C-83, An Act to amend the Corrections and Conditional Release Act and another Act—Chapter 27.
C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts—Chapter 28.
C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures—Chapter 29.
It being 2:55 p.m., the House stands adjourned until Monday, September 16, 2019, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).
(The House adjourned at 2:55 p.m.)
The 42nd Parliament was dissolved by Royal Proclamation on September 11, 2019.
Aboriginal languagesAboriginal peoplesAccess for disabled peopleAccess to informationAdjournmentAgriculture, environment and natural res ...British ColumbiaBudget 2019 (March 19, 2019)C-101, An Act to amend the Customs Tarif ...C-102, An Act for granting to Her Majest ...C-48, An Act respecting the regulation o ...
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View Bardish Chagger Profile
Lib. (ON)
View Bardish Chagger Profile
2019-06-20 12:31 [p.29470]
Mr. Speaker, there have been discussions among the parties and if you seek it, I think you will find unanimous consent for the following motion:
That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the amendment to the motion respecting the senate amendments to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, be deemed negatived on division and the main motion be deemed carried on division; and
(b) the amendment to the motion for second reading of Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, be deemed negatived on division and that the Bill be deemed read a second time and referred to the Standing Committee on International Trade.
View Geoff Regan Profile
Lib. (NS)
View Geoff Regan Profile
2019-06-20 12:32 [p.29470]
Does the hon. government House leader have the unanimous consent of the House to propose the motion?
Some hon. members: Agreed.
The Speaker: The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members: Agreed.
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 21:47 [p.29444]
Mr. Speaker, Bill C-83 has two main objectives.
First of all, it would allow federal inmates to be separated from the general prison population when necessary for security reasons. Second, it will ensure that inmates have access to the interventions, programs and mental health care they need to safely return to the general prison population and make progress toward successful rehabilitation and reintegration.
The bill would achieve these objectives by replacing the current system of administrative segregation with structured intervention units. In SIUs, inmates would be entitled to twice as much time out of their cells, four hours daily instead of two, and two hours of meaningful human contact every day.
We have allocated $448 million over six years to ensure that the Correctional Service has the resources to provide programs and interventions to inmates in SIUs and to implement this new system safely and effectively. That funding includes $150 million for mental health care, both in SIUs and throughout the federal correction system.
Bill C-83 was introduced last October. It was studied by the public safety committee in November and reported back to the House in December with a number of amendments. There were further amendments at report stage, in February, including one from the member for Oakville North—Burlington that added a system for binding external review.
In recent months, hon. senators have been studying the bill, and they have now sent it back to us with proposed amendments of their own. The high level of interest in Bill C-83 is indicative of the importance of the federal corrections system and of the laws and policies that govern it. Effective and humane corrections are essential to public safety, and they are a statement of who we are as a country. In the words of Dostoyevsky, “the degree of civilization in a society is revealed by entering its prisons.”
I extend my sincere thanks to all the intervenors who provided testimony and written briefs over the course of the last nine months and to parliamentarians in both chambers who examined this legislation and made thoughtful and constructive suggestions.
Since the Senate social affairs committee completed clause-by-clause consideration of the bill a couple of weeks ago, the government has been carefully studying the committee's recommendations, all of which seek to achieve laudable objectives. We are proposing to accept several of the Senate's amendments as is or with small technical modifications.
First, with respect to minor adjustments, we agree with amendments that would require a mental health assessment of all inmates within 30 days of admission into federal custody and within 24 hours of being transferred to an SIU. This fits with the focus on early diagnosis and treatment that will be facilitated by the major investments we are making in mental health care.
We agree with the proposal to rearrange section 29 of the act, which deals with inmate transfers, to emphasize the possibility of transfers to external hospitals. The Correctional Service runs five certified psychiatric hospitals of its own and will now have significant new resources for mental health care. Even so, there may be cases when a transfer to an external facility is appropriate. If the transfer can be done safely, if the hospital has the capacity and if it is in the best interest of the patient, then it should be done. In fact, that is why we allocated funds in budget 2018 for more external mental health beds.
We also agree with an amendment regarding the initial review of SIU transfers. The bill would require a review by the warden in the first five days. This amendment clarifies that the clock on those five days would start ticking as soon as the transfer decision was made, as opposed to the moment the inmate physically arrived in the SIU.
With minor changes, we agree with two amendments to the section of the bill that would require consideration of systemic and background factors in decisions involving indigenous offenders. One of them would provide greater precision by specifying that a person's family and adoption history should be included in the analysis. The other would clarify that these factors may be used to lower the assessment of an inmate's risk level, but not to raise it.
These provisions in themselves would obviously not be enough to solve the problem of indigenous overrepresentation in the corrections system. The upstream socio-economic factors that result in higher rates of indigenous people involved with the criminal justice system must generally be addressed in concert with other departments and agencies, and efforts to that effect are indeed under way. The Correctional Service is charged with ensuring that indigenous people in its custody get a genuine opportunity to turn their lives around, and these amendments should help advance that objective.
There are two other amendments on which we agree with the intent, and we are essentially proposing to meet the Senate halfway.
The first is an amendment that seeks to add certain elements to section 4 of the act, which establishes guiding principles for the Correctional Service. In particular, it puts a focus on alternatives to incarceration, and we agree that those alternatives should be consistently considered and used wherever appropriate.
We are, however, suggesting a few changes to the language drafted in the Senate. For example, the amendment lists sections 29, 81 and 84 of the act as alternatives to incarceration. Section 29 refers to hospital transfers, and section 81 refers to healing lodges, so their inclusion here makes sense. However, section 84 is about community-supported release following incarceration. It is not an alternative; it is the next step, so we are proposing to remove it from this list.
The amendment would also require that preference be given to alternatives to incarceration. Frankly, that is very problematic. Alternatives to incarceration should be used where appropriate, but there are situations when putting someone in prison is a valid and necessary approach. Alternatives should be considered, but not necessarily preferred.
Also, for clarity sake, we are proposing to remove or replace certain terms that do not have established legal meanings, such as “carceral isolations” or “incarcerated persons” or “a broad interpretation informed by human rights”. Certainly, everything government agencies do should be informed by human rights principles, but to be enforceable and actionable, legal terms need to have clear and precise definitions. If we asked everyone in this House to explain what it means to interpret legislation broadly and in a manner informed by human rights, we would probably get 338 different responses.
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 21:58 [p.29446]
Mr. Speaker, that is why we are proposing to remove these terms. Even so, of course, the Charter of Rights and Freedoms will continue to apply to everything the Correctional Service does.
The other amendment that we are proposing to partially retain has to do with strip searches. The Senate is proposing to prohibit any strip searches conducted as a matter of routine and we wholeheartedly endorse that objective. It would not be pleasant for any of us to be strip-searched.
People in prison have often experienced trauma, including sexual abuse. Strip searches can cause them to relive that trauma and can even deter people from participating in programs like work release if they know they will be strip-searched on their way out or on their way back in. The Correctional Service should do everything possible to minimize strip searches.
That is why Bill C-83 would allow for the use of body scanners similar to what exists in airports as recommended by the United Nations. Rather than a blanket prohibition though, the government is proposing that the law require that Correctional Service use a body scanner instead of a strip search whenever one is available. That accounts for the fact that it will take some time for body scanners to be installed in every institution and it recognizes that sometimes machines break down. In those situations, correctional staff still need to be confident that inmates are not smuggling drugs, weapons or other contraband. That is important not only for staff safety but for the safety of other inmates as well. As body scanners become more available in federal institutions, strip searches should become increasingly rare.
I will now turn to the proposals from the Senate with which we respectfully disagree.
To begin with, there are two relatively similar ones that would take existing concepts used for indigenous corrections and expand them to other unspecified groups. This would apply to section 81 of the act, which allows for community-run healing lodges and section 84, which allows for community-supported release. Both of these concepts have proven valuable and successful in an indigenous context and the idea of expanding them is indeed worthy of serious consideration.
Certainly, there are other overrepresented groups in federal custody, particularly Canadians of African descent. Our government is wholly in favour of examining whether strategies that have worked for indigenous corrections can be successfully applied in other contexts and with other communities. We are opposing this amendment not because we disagree with the principle but because the serious consideration and examination I mentioned has not happened yet.
Before moving forward with something like this, there should be extensive consultations to determine which groups would be interested. Where does the capacity exist? And how the experience of the relatively few indigenous communities and organizations that run section 81 facilities is or is not applicable more broadly.
It would be a major policy change and potentially a positive one, but the study and analysis should come before we change the law, not after.
We also respectfully disagree with an amendment that would require the Correctional Service to approve the transfer to a provincial hospital of any inmate with a disabling mental health issue. As I mentioned earlier, in the 2018 budget, our government increased funding for external mental health beds. The use of provincial hospitals may be appropriate in some circumstances. The fact is, though, that it can be very difficult to find provincial hospitals willing and able to house and treat federal inmates. If we want to change the law without the aim of bringing about the transfer of a significant number of people from federal correctional institutions to provincial hospitals, it is imperative that we consult the provinces first.
It is also important for the sake of preserving the clinical independence of the health care providers who work in corrections that the law not pre-empt their professional judgment. The law already allows for these kinds of transfers where possible and appropriate and where recommended by medical professionals. At the same time, we are dramatically bolstering mental health resources within the federal correctional service so that inmates receive high-quality mental health care wherever they serve their sentence. We are also proposing not to accept an amendment that would allow sentences to be shortened on application to a court, due to acts or omissions by correctional personnel deemed to constitute unfairness in the administration of a sentence.
Once again, the goal of deterring improper conduct by correctional staff is commendable. There are a great many people working in federal corrections who are committed professionals doing excellent work. Anything less should be deterred, denounced and the persons potentially disciplined or dismissed. Inmates who are negatively impacted by inappropriate conduct on the part of correctional staff already have recourse, in the form of grievances or lawsuits, for example. The idea of retroactively shortening court-imposed sentences in these circumstances would be a major policy change. Before enacting this kind of provision, there should be consultations with stakeholders, including victims groups as well as provincial partners and other actors in the justice system. Parliamentarians in both chambers should have the opportunity to study it at length. It is not something that should be tacked on at the end of a legislative process that did not contemplate this kind of approach.
We also respectfully disagree with the recommendation to have the new system reviewed by parliamentary committees after two years rather than five. This House added a five-year review to the bill, and that is a reasonable time frame. It gives the new system time to get off the ground and be fully implemented and that will actually make Parliament's review more meaningful and impactful when it happens. In the interim, the minister will soon be appointing an advisory panel to monitor implementation of the SIUs as they roll out. That panel will be able to visit sites, meet with inmates and staff, provide feedback to the commissioner and sound the alarm if something is really not working out as it should. Of course, parliamentary committees do not need legislation to tell them what to study. Even without a legal requirement, if committees of this House or of the other place want to review the SIU system two years from now, they are perfectly free to do so.
Finally, the government respectfully disagrees with the proposal to institute judicial review of all SIU placements after 48 hours. Bill C-83 already has a strong system of binding external oversight.
Independent external decision-makers appointed by the minister will review any case where someone in an SIU has not received the minimum hours out of cell or minimum hours of meaningful human contact for five days in a row, or 15 days out of 30. They will also review cases where the Correctional Service is not following the advice of a health care professional to remove an inmate from an SIU or change their conditions. They will review all SIU placements at 90 days and every 60 days thereafter for any inmate still in the SIU at that point. That is in addition to regular and robust internal review at five, 30 and 60 days.
Simply put, judicial review of SIU placements is unnecessary. Colleagues do not have to take my word for it. At the public safety committee, the correctional investigator supported using the independent chairperson model to oversee SIUs. That is a model that uses ministerial appointees, not judges.
Plus, while no court has considered the new SIU system proposed by this bill, courts in Ontario and B.C. have rendered decisions about the kind of oversight they deem necessary for the current system of administrative segregation. In B.C., the court found that oversight of administrative segregation must be external to the Correctional Service but did not say that judicial review was required. In Ontario, the court actually found that internal review was preferable, saying, “The reviewing tribunal can have adequate independence without having all the attributes of a judge.”
Beyond being unnecessary, requiring judicial review of all SIU placements longer than 48 hours would have considerable impacts on provincial superior courts. There would need to be new judges appointed to handle the caseload. Those judges would be paid for out of federal funds and they would require support staff paid for by the provinces. There would also be changes required to the Judges Act, as well as to corresponding provincial legislation. In other words, accepting this amendment would mean imposing legislative and financial requirements on the provinces without so much as a phone call to check and see if they are on board.
If judicial review were the only way to ensure that this new system works properly and to provide the procedural safeguards required, then one could make an argument that all of these complications, making legislative amendments across the country, finding the money in federal and provincial coffers, and fast-tracking the appointment of a bunch of new judges would just have to somehow get done. However, judicial review is far from the only option. There must absolutely be robust oversight of the new system proposed by Bill C-83 and review by independent external decision-makers meets that need.
I thank all hon. senators for their efforts and their contributions. At this point, the bill truly is the product of the Parliament of Canada as a whole.
If the version we are sending back to the Senate receives royal assent, it will be a piece of legislation drafted by the government, amended by Liberal, Conservative, NDP and Green Party members, and amended by our colleagues in the Senate, as well.
For all of our frequent disagreements, this bill is a good example of the strength of the legislative process in our parliamentary democracy. Most importantly, it will significantly improve Canada's correctional system, enhancing the safety of the people who work and live in federal institutions and improving the system's effectiveness when it comes to rehabilitation and safe, successful reintegration.
I look forward to the passage and the implementation of Bill C-83.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2019-06-19 22:13 [p.29448]
Mr. Speaker, it is interesting. This bill is being offered as a product of all of Parliament, while we reject any of the substantive amendments that the Senate is bringing forward.
Certainly, I do not want to be an apologist for the Senate, with some of the legislation it is holding up. In particular, Senator Pate, who worked on this, is someone who comes from the community of civil society, of folks who have worked on these issues for a long time. The reason I say that is because the bill was panned by every witness who came to committee. In fact, the Ontario Superior Court, when it offered the extension to the government, which has allowed this unconstitutional practice to fester for four years now, said that there was nothing in its mind that seemed to indicate there would be any remedial effort brought forward.
What I find really frustrating and baffling about the bill is that ultimately it is just a rebrand, and I am not the only one saying that. Many others have said it as well, including Senator Pate.
I want to ask the member a question. Judicial review has been offered. It was offered years ago, even decades ago, by Justice Arbour when she was looking at some of these issues. The reason why was because we were essentially changing someone's sentence, we were extending someone's sentence by adding additional punishment through the system.
Does the member not recognize that? If the government truly believes there will be an undue burden on provincial courts, is that not because the practice has been used in such an abusive way that it would require that additional judicial oversight?
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 22:15 [p.29448]
Mr. Speaker, the hon. member is always someone who contributes in committee work, and I personally appreciate the contributions he has made to this bill.
As always, on the question of judicial review versus independent oversight, there are limited resources that could actually do the work. The government has to decide where those limited resources will be used and whether anybody else can do this work.
It has been the determination that these independent decision-makers can be in the position to do this work without imposing an additional workload at the provincial and federal court levels.
View Kevin Sorenson Profile
CPC (AB)
Mr. Speaker, I chair the public accounts committee. There are some significant changes in this bill.
When we look at the supplementary estimates, $448 million were given to CSC. However, when we have tried to find out what the financial implications are, the cost of all the measures in the bill, we can not get an answer from the government.
The parliamentary secretary is privy to those briefings with the department. I know that typically those answers are given by the department.
If we have scanners, and the parliamentary secretary talked about limited, I wonder, and I think Canadians wonder as well, what the costs of the bill would be.
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 22:17 [p.29448]
Mr. Speaker, this is really a considerable move forward when it comes to the use of administrative segregation into a structured intervention unit. There will be need for infrastructure changes. There will be need for personnel changes. There will be need for programming changes and mental health care.
That number is that $448 million have been put into the latest budget to ensure we actually have the money to do this well. However, it is going to be shared over a series of requirements, everything we need to implement a structured intervention unit. We are going to do it right. Involving all the stakeholders in these decisions as we move forward will be very important.
View Elizabeth May Profile
GP (BC)
View Elizabeth May Profile
2019-06-19 22:18 [p.29448]
Mr. Speaker, for my hon. friend, the Parliamentary Secretary to the Minister of Public Safety,, I recognize that the bill before us would make improvements in the situation of solitary confinement. I am particularly grateful to her colleague, the hon. member for Oakville North—Burlington, for working so collaboratively on the committee and helping some of my amendments get through.
However, I am very troubled by the rejection of some of the Senate amendments. I am sure the parliamentary secretary is aware of the letter from Senator Pate to the Minister of Public Safety and the Minister of Justice, which was shared with many members. It spoke to something that is quite compelling, which is unusual when legislation goes through this place. We already have a foreshadowing from the Ontario Court of Appeal that the legislation will not be found to be constitutional.
The citation is from the Canadian Civil Liberties Association case, where the Ontario Court of Appeal comments in relation to the five-day review. The key sentence reads, “Nothing more has been done to remedy the breach”, and this is a breach of the Charter of Rights and Freedoms in the interim, “and it remains unclear how Bill C-83 will remedy it if enacted.”
The Senate amendments and the ones that the hon. parliamentary secretary referenced must go through. We can get the bill faster by accepting these amendments from the Senate. The administrative objections that I heard from the parliamentary secretary do not measure up to the imperative of ensuring the bill is constitutional.
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 22:20 [p.29448]
Mr. Speaker, I would like to thank the hon. member for her caring about this, for her compassion, and also the hon. member to my right.
This matters. This is not an easy thing to do. We are making significant change to the administrative segregation regime in Canada. We need to do it. The court has told us that we need to do it. There has been a letter explaining why this new way of doing administrative segregation is going to meet the court requirements.
We need to move forward with this to make it happen. Then we will be in a position of having a better chance to help people have a successful rehabilitation and reintegration into society.
View Larry Bagnell Profile
Lib. (YT)
View Larry Bagnell Profile
2019-06-19 22:21 [p.29449]
Mr. Speaker, because we are near the end of the session, I want to thank my staff, Brad, Erica, Susan, Ellen, Alisha and formerly Denis Sabourin for their great work.
Also, anyone in the House who has questioned the existence of the Senate, which we call the other place here, this is a great example of where it has provided a number of suggested amendments and the government is accepting a number of them. This has happened since Confederation, where laws in Canada have been approved like this.
With the structured intervention, there would be significantly more time away from the cell and more time for programming, etc. Does the bill direct Correctional Service Canada to record these times to ensure they are followed. If it does not, are there penalties in the bill for CSC?
View Karen McCrimmon Profile
Lib. (ON)
View Karen McCrimmon Profile
2019-06-19 22:22 [p.29449]
Mr. Speaker, the answer to the first question is yes. There is a requirement to record meaningful human contact and time out of the cell, and it needs to be during reasonable day hours. It cannot be during the night. It cannot be at other inopportune times. It must be at normal operating times.
On whether there is a penalty for CSC if it does not provide that, I think there will be recourse. CSC needs to record that time and will be encouraged to meet those standards.
View Matthew Dubé Profile
NDP (QC)
View Matthew Dubé Profile
2019-06-19 22:23 [p.29449]
Mr. Speaker, to go back to the last answer, I would like to quote for the parliamentary secretary Dr. Adelina Iftene who is a law professor at Dalhousie University. Following these amendments and the response to the work that Senate Pate was doing, 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 UN standards state that meaningful contact of two hours or less per day is also considered solitary confinement.
Do the Liberals not believe that living up to the UN standard is the very least they could do, but they have not?
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