44th Parl. 1st Sess.
November 28, 2023 10:00AM
moved that Bill C‑351, An Act to amend the Corrections and Conditional Release Act (maximum security offenders), be read the second time and referred to a committee.
Madam Speaker, I am very happy to rise in the House to speak to the private member's bill I introduced on September 18.
Bill C‑351 amends the Corrections and Conditional Release Act to require that inmates who have been found to be dangerous offenders or convicted of more than one first degree murder be assigned a security classification of maximum and confined in a maximum security penitentiary or area in a penitentiary.
I would like to begin by thanking my colleague from Niagara Falls, who introduced a similar bill last June. He is a strong advocate for victims' rights who worked long and hard to deliver the first version of this bill.
This bill differs from the previous one in one respect. It states that the act will come into force in the third month after the month in which it receives royal assent. This change was made to ensure that the bill is brought into force as soon as possible once passed.
No victim's family should ever again have to endure the trauma of seeing the murderer of a child, a parent, a brother or a sister. However, that is what happened to two families this year, which is what gave rise to this bill.
Everyone has heard of Paul Bernardo, the infamous rapist and serial killer. I will spare my colleagues the details of his absolutely horrific crimes, but he kidnapped, tortured and killed 15-year-old Kristen French and 14-year-old Leslie Mahaffy in the early 1990s near St. Catharines, Ontario. He also committed roughly 40 rapes and sexual assaults. He is a real monster.
On September 1, 1995, he was sentenced to life in prison and declared a dangerous offender. In our justice system, this means that he must serve a minimum of 25 years before he can apply for parole. He has applied twice since 2018. Fortunately, both applications were rejected by the Parole Board of Canada.
Donna French, Kristen's mother, addressed her daughter's killer. She quite rightly described their pain as a life sentence. She said that that is what they got and that a dark cloud always haunts them. She said a psychopath like him should never get out of prison.
This dangerous murderer deserves every day he spends behind bars, and that is where he needs to stay forever. Bernardo had been serving his sentence in a maximum security prison in Kingston since 1995, and that is where he should have stayed until the end of his days.
However, in June 2023, we were shocked to learn that Bernardo had been transferred from the maximum security prison in Kingston to La Macaza, a medium-security prison near Labelle in the Laurentians in Quebec. The day his transfer was announced, a huge shock wave rippled across the entire country, as people relived the horrific events that occurred 30 years before. The prison transfer was done on the sly. We found out about it through an announcement made by the lawyer of the victims' families. What is more, the families were informed of the transfer only the day of. Imagine the trauma that this caused for the families who had to relive this unspeakable tragedy.
According to the Correctional Service of Canada, that situation was in line with protocol. Okay, but the transfer in and of itself should never have happened. The families of the two victims were right to condemn this situation. The families' lawyer said that the victims' families had asked that Bernardo's transfer be cancelled. The lawyer also expressed concerns about how the federal correctional service had informed the victims' families of the controversial decision. However, months later, the transfer has not been cancelled. Worse still, the public safety minister at the time, the member for Eglinton—Lawrence, feigned surprise and indignation. He claimed to have been informed only the next day. Later, it was revealed that he had been informed months earlier. Email exchanges were obtained by the Canadian Press under the Access to Information Act.
They showed that the Correctional Service of Canada had notified the minister's office on March 2, 2023, of the possibility of the serial killer being transferred. Cabinet was informed in May, after a transfer date had been set. We are used to cover-ups with this government, but trying to hide the truth about something so troubling is beyond the pale.
It was discovered that the associate deputy minister of public safety had been notified about the transfer by the commissioner of the Correctional Service of Canada three days before it happened. The commissioner of the Correctional Service of Canada told them that the federal Public Safety Department, the minister's office, the Privy Council Office and the Prime Minister's Office “have been advised” and that “we have media lines ready”.
In a tweet posted the day after the transfer, however, the minister described CSC's decision as “shocking and incomprehensible”. After being confronted with these facts, which were embarrassing to say the least, the minister blamed his staff for keeping him in the dark. It is pure incompetence at every level. For all his tangled explanations, the problem remained. Bernardo was moved to a medium-security prison, enjoying privileges that such a sadistic murderer should never be entitled to.
We on the Conservative side questioned the minister and asked him to cancel the transfer, as requested by the victims' families. The minister simply replied that there was nothing he could do, that the Correctional Service of Canada is independent. That is another independent entity. He seemed to forget that, as a minister, he had powers. He had the power to issue instructions to Canadian prison officials and make regulations concerning the incarceration of prisoners.
As usual, he and the Prime Minister refused to accept any responsibility. This is yet another example of incompetence. It is not surprising that the MP for Eglinton—Lawrence is no longer a minister. That is a very good thing. Not only do the Prime Minister and his cabinet say there was nothing they could do, but they have taken steps to make it easier to transfer dangerous criminals.
In 2019, this government passed Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. Once it was passed, the bill ensured that prisons would be chosen based on the least restrictive environment possible for the inmate. Victims are not part of the equation. Bill C‑83 reversed a policy introduced by the previous Conservative government that imposed stricter standards for dangerous offenders. The Correctional Service of Canada used this policy to try to justify transfers.
The lax system introduced by the Liberals allows nonsensical transfers like this. I read a chilling statistic. In Canada, as we speak, 58 inmates who have been declared dangerous offenders are currently in minimum-security, not even medium-security, prisons. It beggars belief. That is the legacy of eight years of this Liberal government: a lax justice and correctional system that allows this kind of aberration. The government is doing everything it can to accommodate criminals, but nothing for victims. It should be the other way around. This situation is deplorable, and it has to change.
We, the Conservatives, stepped up our efforts to try to have the decision reversed. I have to commend my colleague from Niagara Falls for all of the work that he did on this file. The murders and many assaults were committed in cities near his community. On June 14, he sought the unanimous consent of the House to move the following motion:
...that the House call for the immediate return of vile serial killer and rapist Paul Bernardo to a maximum security prison, that all court-ordered dangerous offenders and mass murderers be permanently assigned a maximum security classification, that the least-restrictive-environment standard be repealed and that the language of necessary restrictions that the previous Conservative government put in place be restored.
Unfortunately, the motion was rejected.
My colleague supported the cities of Thorold and St. Catharines when they wrote to the government expressing their grave concerns about Bernardo's transfer and demanding that he be sent back to a maximum-security prison. These letters were sent to the Prime Minister, his public safety minister at the time, and local Liberal MPs, but they fell on deaf ears. The government continued to refuse to use its power to require that mass murderers serve their entire sentence in maximum-security prisons.
He refused to take measures to resolve the problem created by his government. Worse yet, the member for St. Catharines accused those who were offering solutions and those who were trying to convey the families' concerns and suffering of playing politics. As usual, the Liberal government divides and blames instead of taking responsibility and making changes to fix the problems it created.
Another initiative that my colleague took was to propose a study at the Standing Committee on Public Safety and National Security on October 5 to fully investigate Bernardo's transfer. The Bloc Québécois and the NDP supported the government and shut down the whole thing. Apparently, the trauma caused by the transfer did not matter all that much to them. How typical of this government to systematically side with criminals.
Before I conclude, I have two recent examples that show how lax this government is and how it is ignoring victims. These are two examples of cases where the Conservative Party intervened to cancel out this government's reckless decisions. In March, my colleague, the member for Charlesbourg—Haute-Saint-Charles and political lieutenant for Quebec, introduced Bill C-325, which sought to significantly reform the Criminal Code and the Corrections and Conditional Release Act, in order to make our streets safe again.
This bill would repeal certain elements of Bill C-5, which was passed by the Liberals last fall, and would put an end to the alarming number of convicted violent criminals and sex offenders serving their sentences at home. It is unthinkable that sex offenders and other violent criminals would be released to serve their sentences in the comfort of their living rooms, while their victims and peace-loving neighbours live in fear. This is a common-sense solution from my colleague, whom I would like to commend for his hard work on behalf of victims.
Despite all our efforts, this government remained unmoved by the suffering and trauma that the families of victims went through a second time as a result of this unacceptable transfer. On this side of the House, we stand with victims, not criminals. That is why I introduced the bill we are debating today. The Liberals made a mistake, but we, the Conservatives, will correct course. We will put common sense back into our justice and correctional system.
I hope that my colleagues in the other parties will listen to reason and support victims by voting with us in favour of this bill.
1885 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/28/23 5:49:20 p.m.
- Watch
Madam Speaker, I am happy to rise to speak to this bill, because it is crucially important that, in this country, we have a conversation about public safety and how inmates are treated, in the sense of maximum, medium and minimum security. I think it is something that most Canadians have not thought too much about, thankfully, in the sense that they have not had to experience the impacts of crime. What I find very challenging with this bill is the fact that Conservatives continually talk tough when it comes to public safety, but this is yet another example of how their tough talk actually relates to a more and more dangerous situation for Canadians.
The sponsor of this bill just ended by talking about women and women's rights, yet nothing in this legislation talks about them. I come from Pickering, right next to Scarborough. Memories of Paul Bernardo and his heinous crimes are something that women across this country are traumatized by. I will be very curious to see how many women on the other side speak to this legislation in the first place. When it comes to women's issues, one thing I remember from the crimes committed by Paul Bernardo was the complete lack of policing support for women who spoke out, who were victims of rape and assault. There is not a single mention of policing or of how to better serve women who have been victims of crime in this private member's bill.
I asked a question earlier in the House, as the members opposite were talking about their opposition day motion, about sending a note to the Senate to hurry up with legislation. However, not a single Conservative member spoke up in the House when there was legislation by their former leader, Rona Ambrose, on having training for judges for sexual assault cases. That legislation sat in the Senate, and not a single Conservative member wrote or spoke to the Conservative senators to have that bill passed. They came here today to say they speak on behalf of women and women's rights, but their actions say a completely different thing. Therefore, I want to talk about this private member's bill and why it actually makes women more vulnerable.
This bill is not just about one individual and their transfer. It actually impacts 921 current inmates, with 32% of those inmates being indigenous. The issues around the overrepresentation of Black and indigenous persons in incarceration would only be worsened by this legislation. I am going to get to that later in my speech; however, for those watching, it is important to remember that this bill impacts many more offenders than the one that the Conservatives want to speak about because the crimes he committed were so heinous, the country was traumatized.
The Conservatives want to use the most heinous criminal in our country as a way to implement reckless policies in the criminal justice system that actually will not keep communities safe. In fact, I submit to the House and Canadians watching that it will actually leave our communities less safe. Why is this? It is because of what the Conservatives fail to talk about, which is that there are different types of sentencing for the 921 inmates who would fall into the categorization that this bill speaks about. Among them, there are inmates who have a determinate sentence. That means the courts have heard their case, and the inmates have been sentenced to a certain amount of time to be incarcerated. Eventually, once they serve that time, they are back in the community.
This is certainly not the situation with Paul Bernardo, and I do not want anyone to misconstrue that. The Conservatives would love to use that to put fear in the hearts and minds of Canadians and Canadian women for their own policy agenda.
I want to stick to the facts. Individuals who serve their determinate sentence would one day, depending on the length of their sentence, be back in the community. However, based on this legislation, they would serve their sentence completely in maximum security, would have no programming for rehabilitation, would have no responsibilities, would have no assessments of whether or not they might reoffend and would have no programs in place to ensure that, once back in the community, there are conditions placed on them.
When the Conservatives talk tough on crime, they are weak on action. What this does for those who serve a determinate sentence is it releases them back into the community without any programs that would reduce their reoffending. It would, in fact, make their situation one where we could probably guaranteed they would reoffend. This is why countries around the world have determined that in criminal justice systems and corrections, rehabilitation programming is crucial to ensure public safety when inmates are released into the community. Then they have had significant programming and treatment to ensure they do not harm others again.
It is so irresponsible to bring up a heinous offender who, as the commissioner of the Correctional Service Canada said yesterday, has the highest, strictest sentence essentially in Canadian law, meaning Paul Bernardo will spend the rest of his life in prison. This bill does not speak to just that one individual. Imagine living in a community with a potentially violent offender who served their time but is just released into the public once the sentence is over. Time and time again, as we know, that does not keep our communities safe.
I could go on and on about how reckless Conservatives are, but with the remaining time I have, I want to read a quote related to the Conservative government about Mr. Sapers, who was the former corrections investigator during the Harper years. The Globe and Mail notes:
...the Conservatives [were] “tone deaf” on indigenous issues and “dismissive” of many of his recommendations....
The Conservatives passed dozens of bills, which imposed mandatory minimum sentences, changed parole eligibility, created new barriers to pardons and cut rehabilitative programming, among other measures.
He said the Conservatives did so without ever analyzing the impact. It goes to show the Conservatives have not learned anything.
The Conservatives also like to say the transfer of Paul Bernardo is in some way connected to Bill C-83 and the “least restrictive” clause. However, what Conservatives ought to know is that the “least restrictive” term was introduced by Conservatives in the 1990s by Brian Mulroney. As to the former Conservative language, Public Safety has issued quite publicly that the language around “necessary restrictions” would have also led to a transfer, which was decided by the independent Correctional Services. It said yesterday that the security and safety of the public can be maintained with this decision.
I know my time is over. I think what is most important is that the bill does nothing to keep Canadians safe. In fact, it would put more people at risk, because the Conservatives are reckless, just want to talk tough and do not do the work to make our communities safer.
1191 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I was listening to my colleague who is introducing this bill and he said that he sides with the victims. That is good. I can assure him that the Bloc Québécois does as well. It always has and always will side with victims. The Bloc also sides with society. We must never lose sight of the fact that our justice system is not just about avenging a victim or punishing a criminal. The purpose of our justice system is to build a safer society where life is good and everyone feels comfortable.
Respecting victims' rights is important. I truly believe that. However, we must also respect the rights of people who have committed crimes. What I just said may seem contradictory, but it is not. We often lose sight of the fact that most people who are sent to prison today will get out at some point. What type of individual do we want to see leave our prisons in five, 10, 20 or 30 years? Do we want these people who committed crimes at the time of their conviction to be comfortable in their role as criminal and to consider resuming the same type of life and behaviour upon their release? Would we not rather want these people to be rehabilitated over the years? That is what I would want.
We have all lost people or been harmed in some way. We have been victims of various crimes in different ways. We must never lose sight of the importance of rehabilitation. We must never lose faith in human beings and in society, even though there may be times when we want to do just that. The Bloc Québécois sincerely believes that we must stay the course on rehabilitation.
Obviously, the Bernardo affair is haunting this debate. My colleague spoke about this earlier. Had it not been for the events of last spring when Mr. Bernardo was transferred from a maximum-security facility to a medium-security facility, we probably would not be talking about it today. This bill might not have been introduced. Members will recall that Paul Bernardo committed crimes in the early 1990s that we will never be able to understand as a society. Can he ever be rehabilitated? I do not know. One thing is certain. The crimes he committed will never be considered acceptable in our society.
In September 1995, he was sentenced to life in prison for his crimes. That amounts to a minimum of 25 years of incarceration before he can apply for parole. It has been about 30 years since he was sentenced. He can apply for parole, but is he likely to get it? It is not up to me to decide, but I have not seen anything in all that I have read or heard about him that would lead me to believe he has been rehabilitated and is ready to reintegrate into society.
As I was saying earlier, last May, he was transferred from a maximum-security to a medium-security penitentiary. I have not seen or heard anything to convince me that Paul Bernardo has been rehabilitated. That being said, is it possible that he has been rehabilitated? Who am I to decide? Thank heavens the decision is not mine to make. We have established authorities, specialized courts and a process to assess these things, and I have faith in the people who handle it all.
The Parole Board of Canada does important work. It decides whether a prisoner can or cannot reintegrate into society, and it grants escorted or unescorted temporary absences, depending on the stage of the sentence. The decision is up to the Parole Board of Canada.
It has the exclusive power to grant, deny, cancel, terminate or revoke day parole and full parole. It also has the power to authorize or approve temporary absences. It is not I, nor is it the Speaker, nor is it my Conservative colleague who makes those decisions. The Parole Board is an independent administrative tribunal, a so-called quasi-judicial tribunal that, as part of the Canadian criminal justice system, makes quality conditional release and record suspension decisions. It makes clemency recommendations and manages the whole process.
The board contributes to the protection of society by facilitating the timely reintegration of offenders as law-abiding citizens. Public safety is the primary consideration in all parole board decisions. I want to emphasize the “timely reintegration” part because, regardless of what people want or would like to see in a perfect world, here in Quebec and Canada, we no longer hang people who commit crimes like the ones Paul Bernardo committed. We do not electrocute them either. We put them in jail. We try to rehabilitate them. Sooner or later, 90% or 95% of them are released. As I said earlier, that is important, essential even. If we care about keeping our families, our children, our neighbours and society in general safe, it is important—indeed, crucial—to ensure that they are rehabilitated by the time they are released.
The purpose of Bill C-351 is to amend the Corrections and Conditional Release Act in order to take away the discretion that Correctional Service of Canada officers currently have to change the security classification of individuals deemed to be dangerous offenders, as well as those convicted of more than one first-degree murder. The security classification is what will be used to determine the setting in which the individual is detained. What services can be provided to try to rehabilitate them? What conditions must be met in order for the individual to be eligible for visits, either under escort or alone, or for parole? I do not think it is wise to think that they are always going to have a maximum-security classification. This individual will be detained under maximum-security conditions, but one day, they may be released without a rigorous, step-by-step rehabilitation process. That goes against my belief, my faith in the human race. I think that even if we do not want to do it, we have to do everything we can to rehabilitate these people.
In closing, I would like to mention that Anne Kelly, the commissioner of the Correctional Service of Canada, appeared before the Standing Committee on Public Safety and National Security yesterday. She told us that Bill C‑351 could make things more difficult for the people who manage our penitentiaries. If inmates know ahead of time that they will never be downgraded from a maximum-security classification to a lower one and get into a lower-security penitentiary, they may lose all motivation and interest in rehabilitation. If we want these people to rehabilitate themselves, they need to see a light at the end of the tunnel. They need to believe that by working hard and by being good citizens, they will one day be able to see their families, friends and loved ones again and reintegrate into the community, ideally to become active members of society again.
1185 words
- Hear!
- Rabble!
- add
- star_border
- share
