SoVote

Bill S-230

44th Parl. 1st Sess.

November 03, 2022

This bill aims to make changes to the Corrections and Conditional Release Act. The proposed amendments include: (a) If a person in a penitentiary has mental health issues, they will be transferred to a hospital. (b) A person can only be confined in a structured intervention unit for more than 48 hours with the approval of a superior court. (c) Community groups and other support services will be able to provide correctional services and plans for release to disadvantaged or minority populations. (d) People who have been sentenced to incarceration or parole ineligibility can apply to the court for a reduction if there has been unfairness in their sentence. The purpose of these changes is to ensure respect for human rights, address conditions of isolation and segregation in penitentiaries, and provide alternatives to isolation. The bill also seeks to address the overrepresentation of marginalized groups in the correctional system and

The Providing Alternatives to Isolation and Ensuring Oversight and Remedies in the Correctional System Act (Tona's Law) seeks to address significant issues within Canada's correctional system. A steelman argument in favor of this bill would highlight the following points: 1. Judicial Oversight: The bill recognizes the need for judicial oversight in decisions made by the Correctional Service of Canada that impact human rights. This ensures that decisions are subject to meaningful and effective remedies and helps to uphold the rule of law and protect human rights. 2. Addressing Conditions of Segregation: The bill acknowledges the persistent conditions of segregation in federal penitentiaries, as documented by the Structured Intervention Unit Implementation Advisory Panel and the Office of the Correctional Investigator. By providing alternatives to isolation and segregation, the bill aims to reduce the potential harm caused to individual

Steelman Argument: The amendment proposed in Bill S-230 to amend the Corrections and Conditional Release Act has potential drawbacks and unintended consequences that must be carefully considered. While the intention of the amendment is to address issues of mental health, segregation, and inequality within the correctional system, there are concerns that the proposed changes may be unrealistic or ineffective. Firstly, the provision requiring the transfer of individuals with disabling mental health issues to a hospital may place an additional burden on an already strained healthcare system. Hospitals may not have the resources or capacity to effectively support and treat individuals with mental health issues who are also involved in the criminal justice system. This could lead to inadequate care and further strain on the mental health system. Additionally, the requirement for a superior court order to confine individuals in a structure