:
Mr. Speaker, I am pleased to begin the debate on Bill , an important bill that illustrates our government's desire to improve the safety of our communities.
This bill will help ensure that offenders respect prohibition orders on the consumption of alcohol or drugs, which will better protect our streets and communities from offences committed by people under the influence of drugs and alcohol.
Bill will once again make it possible to require offenders to provide samples of bodily substances in order to ensure that they are complying with prohibition orders on the consumption of alcohol or drugs. The courts lost that power in the fall of 2006 as a result of the R v. Shoker decision, in which the Supreme Court of Canada ruled that the Criminal Code does not grant the courts the authority to order that samples of bodily substances be taken in the context of prohibiting the consumption of alcohol or drugs.
This power is essential to solving one of the glaring problems facing our society: the harm caused by people who abuse drugs or alcohol.
Everyone in the House knows that in this country and around the world, drug and alcohol abuse often leads to all kinds of crime: property crimes, violent crimes and sex crimes. The sheer number of crimes committed by individuals under the influence of drugs or alcohol is staggering. The Correctional Service of Canada estimated that about 50% of the 250,000 convictions handed down every year are directly related to alcohol or drug abuse. The more serious and violent the offence, the more likely it is that the individual committed it after consuming alcohol or drugs. Nearly 80% of the offenders sentenced to two years or more stated that alcohol or drug consumption was the cause of the offence.
We also know that most offenders commit crimes to get the substances they abuse. Approximately 38% of federal offenders dealing with substance abuse problems committed the crime that led to their incarceration in order to support their addictions.
This problem has serious repercussions on society. The victims suffer the most, but their families and the offenders' families suffer, too. Businesses suffer major losses, and the justice system has to bear a heavy burden. They health care system is struggling under the weight of efforts to treat victims' injuries and offenders' addictions. Furthermore, these crimes add to the financial burden on police resources and taxpayers.
We will continue to charge, try and sentence individuals who have committed crimes because of their abusive consumption of alcohol and other substances because, if we do not address their addiction problems, they will continue to commit crimes once they are released.
In Canada, federal and provincial correctional services provide inmates with addiction treatment and counselling services. But this kind of support has to continue once the offender is released. The best tools we have to manage the risk posed by an offender with addictions who is released are conditions that require the offender to participate in a treatment program and to abstain from drugs and alcohol. Such conditions can help eliminate the problem that led to the crime.
For example, every time an offender is sentenced to less than two years in prison, the court can also impose a period of probation that can last up to three years. Every probation order also includes a requirement to keep the peace and be of good behaviour. The court can also impose any other conditions necessary to ensure the offender's rehabilitation and public safety.
As I mentioned earlier, one of the most effective and most commonly used conditions is the prohibition of drugs and alcohol. According to the Canadian Centre for Justice Statistics, approximately half of all probation orders include such a condition.
Until 2006, judges imposed this condition along with a condition requiring the offender to provide a sample of a bodily substance for analysis on the demand of peace officers and probation officers. This condition made it possible to monitor the offender's conduct and his sobriety after his release. This condition was a deterrent since the offender knew that if he breached his drug and alcohol condition, he might be caught, tried and sentenced to two years for breach of parole.
What is more, it is essential to get a sample of a bodily substance to present as evidence at a trial for breach of parole. This is so important that crown prosecutors who do not have a sample that tested positive are generally reluctant to initiate these types of proceedings. The ability to try an offender for breach of condition prohibiting the use of alcohol or other substances is important, because failure at this point means that the substance abuse would continue, leading to new crimes being committed and more people being victimized.
As I was saying, it used to be common for a sentencing judge to impose a condition requiring the offender to provide a sample of a bodily substance. This practice ended following the Supreme Court ruling in Shoker.
In 2004, the accused was convicted in British Columbia of breaking and entering a dwelling house with intent to commit sexual assault. Mr. Shoker, who had a history of abusing methamphetamines, heroin and cocaine, was sentenced to 20 months in prison followed by 3 years of probation. The probation order stated that he must abstain from consuming drugs or alcohol, participate in a treatment program and, at the request of a peace officer or probation officer, allow the seizure of bodily samples.
The accused appealed, arguing that the condition that he provide bodily samples was unconstitutional because it violated his right to be secure against unreasonable search or seizure, as guaranteed under section 8 of the charter. The case went to the Supreme Court, which concluded in October 2006 that the condition requiring the offender to allow the seizure of bodily samples was illegal.
I should note that the court did not declare that requiring an offender to allow the seizure of bodily samples was fundamentally unconstitutional under section 8 of the charter. It clearly established that Parliament could, if it so decided, enact legislation to authorize the seizure of bodily samples. According to the court, the provisions of the Criminal Code simply do not authorize the sentencing judge to impose such a condition in a probation order. Furthermore, the court rejected the Crown's argument that the probation provisions implicitly authorize the imposition of conditions regarding the seizure of bodily samples.
As a result, the courts have since been unable to impose a condition in a probation order requiring offenders to provide bodily samples.
The Shoker case also had repercussions on Criminal Code provisions related to conditional sentences and peace bonds because they involve conditions similar to those imposed under probation orders.
Bill C-30 proposes to amend Criminal Code provisions related to probation, conditional sentencing and peace bonds by clearly establishing that if a court chooses to impose a condition prohibiting alcohol or drug consumption, it can also impose a condition requiring the offender to provide a sample of a bodily substance to ensure that this person has abstained from alcohol or drugs.
Under the proposed amendments to these three regimes, the court could impose two specific conditions requiring an offender to provide a sample of a bodily substance. First, an offender can be required to provide a sample of a bodily substance at the request of a peace officer or a probation officer, if that person has reasonable grounds to believe that the offender has breached an order requiring them to abstain from using drugs and alcohol.
In addition, the bill provides that the court can also impose a condition requiring the individual to provide a sample of a bodily substance at regular intervals. This supplementary condition could be appropriate in cases where there is an increased chance that the offender will have difficulty abstaining from drug or alcohol use or when increased monitoring is needed.
At least seven days must elapse between each sample, but the intervals may vary. Because the probation officer has a direct role in supervising the offender, it is up to the officer to determine the length of the intervals.
This regime contains another important aspect. It offers the possibility of taking samples of more then one type of bodily substance. This concern was raised when the justice department consulted provincial and territorial justice bureaucrats, specialists, police and probation officers in the wake of the Shoker case. All those consulted indicated that the legislation should confer the authority to take various kinds of samples. Thus, any substance included in the growing list of illegal drugs could be identified. It could also be determined when the drugs were taken and what methods offenders use to avoid detection.
Following the consultations, we concluded that, to be effective, a sampling system must be flexible enough not only to meet current requirements, but also to add new requirements over time. To that end, the bill gives the government the power to make regulations governing the types of samples and the authorized methods for taking samples, and to make changes as requirements evolve.
The bill makes it possible for the federal government to confer, by regulation, the authority to take and analyze samples of urine, breath and blood, for example. It may also designate certain types of sampling when the provinces and territories have confirmed their ability in that regard.
I would also like to point out that the authority to make regulations under Bill has another important role. In fact, it makes it possible to ensure that provincial and territorial representatives responsible for administering the taking of samples do so in accordance with national standards established by the federal government. Although the provinces and territories may determine their own rules for the operational aspects of the system—designating the persons that may take samples, where and when sampling can occur, as well as the manner for storing and destroying samples—the provincial rules are subject to the federal regulatory framework.
This serves two specific objectives. First, each administration can manage the system in its own territory. It can decide on the applicable operational characteristics, which may vary from one administration to the next.
Second, the administrative aspects of the sampling system will not affect the subject's privacy or the samples' integrity. It guarantees that the offenders concerned are treated fairly under this system.
The attorney general of the province will thus be able to designate the persons authorized to take blood samples; however, this discretionary power will be limited by the federal regulations. The regulations could give only qualified doctors the authority to take blood samples; however, the attorney general of the province could choose to further limit the types of qualified doctors authorized to take blood samples in the province. This type of approach could be used to determine not only who is authorized to take the samples but also the types of containers and the methods for storing, analyzing and destroying the samples.
This framework would provide enough flexibility to meet the operational requirements of all 13 provinces and territories while maintaining minimum national standards. In practical terms, this initiative should encourage each administration to collect samples from offenders more frequently, which will result in increased compliance with the prohibition conditions.
I am pleased that we were able to address this major operational issue for the provinces and territories without compromising the need for national privacy and equity standards.
During the consultations held with the provinces and territories following the publication of the Shoker decision, all administrations agreed that authority must be granted to take samples not only in the case of probation orders, but also in the case of conditional sentence orders and recognizances to keep the peace. As I already mentioned, Bill makes it possible to achieve this objective.
I would like to specify that all provinces and territories are in favour of the sampling regime set out in the bill.
Before closing, I would like to mention the measures taken by the Attorney General of Canada to guarantee the constitutionality of these changes. Given the numerous factors involved, we are convinced that the proposed changes would survive a charter challenge.
Consider the following points. First of all, the use of samples collected by police or probation officers would have to be strictly limited to verifying compliance with a court-ordered abstention condition. Second, the results of the analysis could be disclosed to the offender. Third, the probation officer would have to provide the offender with comprehensive written notice of any obligation to provide a sample at regular intervals, including information as to where and when the sample will be taken. Fourth, there must be a provision whereby a sample may be taken only when there are reasonable grounds to believe that the individual has breached the abstention condition. Fifth, anyone who takes part in the taking, handling, storing or destruction of samples would have to obey very specific rules. Sixth, the samples and the results of the analysis would have to be destroyed when the condition expires, unless the analysis is needed as evidence in legal proceedings resulting from a breach.
In closing, I am proud to say that I believe we have introduced a good bill that deserves the support of all members of this House. It is an effective, appropriate response to the Supreme Court of Canada's decision in R v. Shoker. It gives police and probation officers the tools they need to ensure that offenders with substance abuse problems take their rehabilitation seriously. It allows courts to impose conditions with the assurance that those conditions can be monitored and enforced. Lastly, this bill has the support of all 13 provinces and territories.
Thank you, Mr. Speaker, for the opportunity to speak to this important initiative.
:
Mr. Speaker, I cannot express how pleased I am to finally be speaking about this bill here in the House at second reading. I have been waiting for four years, almost five, for the government to make a move on this issue. Anyone who knows House procedure knows that the government controls its own agenda.
I can accept the reasons given in the House by the to explain why the government waited three years after the Shoker decision to introduce this bill for the first time. However, that explanation became irrelevant once the bill was introduced for the first time.
As I mentioned during questions and comments, the government introduced its bill in 2009. This bill concerning the R. v. Shoker decision was stalled at first reading for 62 days. The government had 62 days to move debate at second reading, but it did not do so. The Liberals cannot do it. The Bloc cannot do it. The New Democratic Party cannot do it. According to the Standing Orders, only the government can move the motion to begin debate at second reading. But for 62 days in 2009, the government decided not to move debate at second reading.
And what did the government do? The , in his wisdom, decided to prorogue the House and Parliament. He shut and locked Parliament's doors from December 2009 to the beginning of March 2010. That brought cries of protest from hundreds of thousands of Canadians who were shocked by this undemocratic move by this Conservative .
I am almost there. The throne speech was read on March 2, 2010. The government could then have reintroduced its bill concerning the Shoker ruling. The NDP asked the following question: how many offenders subject to conditions requiring them to abstain from the consumption of illegal drugs or alcohol are no longer required to comply with these conditions to provide samples of bodily substances as a result of the Shoker ruling? The Conservative parliamentary secretary was unable to answer the question. However, we know that the answer is several thousand.
The government introduced its bill for the first time in the fall of 2009, but killed it with prorogation. Subsequently, in the new parliamentary session that began in March 2010, instead of introducing the bill right away—to ensure that it would be adopted as quickly as possible and to allow the courts to set conditions requiring offenders to provide samples of bodily substances to determine whether they were complying with conditions to not consume alcohol or illegal drugs—the government waited 90 days after the throne speech before again introducing the same bill. A comparison of Bill and the bill introduced in the first session of the 40th Parliament, in the fall of 2009, shows that not one word or comma was changed.
The government waited 90 days before introducing it again. The government introduced the bill on May 31, 2010.
The House was sitting. We sat until the end of June. With the consent of the official opposition—the Liberal Party of Canada—, with the consent of the Bloc Québécois and the NDP—the three opposition parties had already indicated that they were in favour of the bill and that they had no problem with it—the government could have done what it is trying to do today. The same day that it introduced its bill, May 31, 2010, it could have moved debate at second reading, as we are doing today, and then, with the unanimous consent of the House, the bill could have been deemed debated and passed at all stages and immediately sent to the other chamber.
What did the government do instead? People who were convicted of a crime or who were on parole awaiting trial were subject to court-ordered conditions to refrain from consuming alcohol or illegal drugs. What did the Conservative government do to ensure that judges and courts have the legal power to force offenders to provide bodily samples? The government that brags every day about taking care of victims of crime and about combatting crime, what did it do? It waited 191 days before moving debate at second reading. Today is the 192nd day.
This shows the hypocrisy of the Conservative Party of Canada and the hypocrisy of this Conservative government.
[English]
If I seem to be angry, it is because I am angry. The government does not cease in saying that it is tough on crime and that it is the only party that is concerned with victims.
How did the government show its concern for victims of all of the crimes that have taken place since the Shoker judgment from the Supreme Court of Canada in 2006 until today and the delays that the government submitted this bill to when it knew that the three opposition parties were prepared to accelerate the movement and adoption of this bill through every stage of this House?
When I was justice critic from January 2007 until January 2008, I personally informed the Conservative government that the Liberals were in favour of this bill and that we would be prepared to accelerate the bill if the government would only bring it forward. Well, the government did not. It only brought it forward in the latter days of 2009. The government knew that the opposition parties were in favour of it, so why did it not move it quickly? Why did it not take advantage of the agreement of all opposition parties to deal with this bill quickly?
I believe it is because the government is not interested in protecting victims. The government is not interested in seeing that we have effective government. The government is interested only in getting political hay from justice files and in sending out thousands of letters begging for donations because only the Conservatives can protect victims.
In fact, when one looks at the actual record of the government, the government does everything not to protect victims. Bill is the perfect case. It spent 191 days at first reading and waited 98 days between the throne speech and actually re-tabling a bill.
The government is not serious about defending victims because, had it been serious, it would have taken up the offer of the opposition parties to deal with it quickly and this bill would have been the law back in 2009 when the government first tabled it, after waiting almost four years after the decision of the Supreme Court of Canada in the Shoker case.
We would have had thousands of offenders and defendants who would have been submitted to the obligation to provide bodily samples to ensure they were not in breach of the condition not to consume alcohol or use illicit drugs. But, no, the government wanted to play, as it does with virtually every bill, political politics.
Another bill with political politics is the faint hope bill. The parliamentary secretary talked about that bill when he was trying to scramble for a reason that his government waited 98 days, 191 days in this session of the 40th Parliament, and 62 days from tabling first reading in the 1st session of the 40th Parliament, and almost 4 years from the Shoker decision before actually tabling the bill for the first time.
I felt a little sorry for the parliamentary secretary because he seemed to be scrambling to find a reason to justify his government's laxness and lack of seriousness when it comes to protecting victims and ensuring that our justice system is actually effective and ensuring that our law enforcement agencies have the proper tools to keep our communities safe and to keep Canadians safe.
Why was the parliamentary secretary scrambling? He was scrambling because the government, and he knows it, is not serious about protecting victims. What it is serious about is using the issue of criminal justice to gain some political advantage and to raise money. Virtually every December, just before the House breaks for the Christmas break, we see the and the trot out for a scrum in front of all of the media and talk about how criminal justice is a number one priority for the government, and if only the opposition was not soft on crime and was not trying to back up and delay their bills, all of that would go through.
However, when one looks at the actual record, the party that is slowing down and backing up bills is none other than the Conservative Party of Canada, the Conservative government.
If one looks at the faint hope clause bill, it was actually adopted by the House of Commons in the last session. It was sent to the Senate and the government's unelected, unrepresentative Conservative senators never moved the vote at second reading.
As I explained right at the beginning, opposition does not control the government's agenda, so opposition members, whether it be in the House or in the Senate, cannot move second reading debate or a vote at second reading. The government has to move it but, guess what? The forgot to tell his senators that the faint hope clause was so important to the Conservative government because it is so concerned about victims. He forgot to tell them because they never moved the vote at second reading in the Senate and only it could move it. Is that not interesting?
Then, the government prorogued, killing its own bill. There were two and a half months of prorogation. The House resumed with the new session of the 40th Parliament on March 2 with the throne speech. Did the government, at the very first opportunity permitted by the rules and procedures of either the House of Commons or the Senate, re-table its faint hope clause bill? No, it did not. How many days did it wait before it re-tabled--
Some hon. members: Oh, oh!
:
Mr. Speaker, we have agreed with many of the bills introduced recently in the House.
The is always saying that it is the opposition's fault that his bills take so long to pass. He is lying outright, and this is a case in point. Here is a bill meant to fill a gap identified by the Supreme Court of Canada in October 2006. I believe the Conservatives were in power in October 2006. It took them three years to draft a bill to respond to that Supreme Court ruling, as its title indicates.
The government introduced an initial bill in October 2009. Then it prorogued Parliament, thereby killing the bill. So the government had to introduce it again. When the House resumed, the government did not introduce the bill right away. There is not one iota of difference between the current Bill and Bill , which died on the order paper. I did not count the days like my colleague who spoke before me, but the government did not introduce the bill currently before us until May 31, 2010.
And yet the minister is always complaining that we delay his bills, that the opposition is preventing him from doing his work again. Just 15 minutes ago, he was in front of the cameras blaming the opposition for once again impeding the progress of his bills. This example is concrete proof that his incompetence and idleness are to blame. At his pace, he would have a hard time winning a race with a bunch of snails.
He introduced his bill on May 31, 2010, and this is the first time he has invited us to debate it in order to refer it to committee. No one can say that the opposition is to blame for the fact that the gap in the Criminal Code identified by the Supreme Court still has not been addressed over four years later.
This government is also in the habit of blaming judges. Not only does it blame them, but it speaks about them insultingly. I will demonstrate that in just a moment, but first, let us see what the Supreme Court decided.
The Supreme Court did not decide that a right should be taken away, contrary to what the parliamentary secretary said in his press releases. The court found that this right never existed and that it was important that it be established through legislation, not by police or the courts. It is up to Parliament.
Clearly, if conditions can be imposed prohibiting offenders from using certain substances, there needs to be some means of monitoring those conditions, even if it is not through testing. That is obvious. It is so obvious that the legislators at the time did not see it and did not provide for the obligation to provide samples.
That is what the Supreme Court found in 2006. Paragraph 732.1(3)(c), which allows a condition to be imposed that prohibits the use of certain substances, defines a criminal offence. But simply creating an offence does not result in enforcement powers. This is common sense and should have been obvious to the legislators at the time. Even though it is clear that the authority to require samples of a bodily substance and the resulting analyses would help enforce a condition prohibiting the use of certain substances imposed under paragraph 732.1(3)(c), that is not enough to conclude that this authority is implied.
That seems to me to be quite a sensible legal ruling. The court made the following suggestion:
Where Parliament authorizes the collection of bodily samples, it uses clear language and sets out standards and safeguards for collecting these samples.
The court is saying that things should not be done haphazardly.
Parliament has not provided a scheme under s. 732.1(3) for collecting bodily samples and such a scheme cannot be judicially enacted.
The fact that it cannot be judicially enacted is why the government introduced a 16-page bill. The law cannot go messing with people's bodies as it sees fit. There must be assurances that analyses will be carried out medically and correctly. But it is not up to the court to enact that. It is up to Parliament. That is what Parliament was told in 2006. But it was not until 2009 that the Conservatives introduced their first bill. Then they let it die with prorogation. They reintroduced it on May 31, 2010. Then they did not raise the subject again until now. Here we are debating it in December 2010, more than four years after the Supreme Court of Canada's comments.
This government is in the habit of demonstrating its scorn for the Canadian judicial system in all kinds of ways. I would like to read from the minister's press release about Bill . In the last paragraph on the first page, it says:
The amendments being introduced today are an effective response to the Supreme Court of Canada's decision that made it impossible for law enforcement officials to fully monitor individuals under court order prohibiting them from using drugs or alcohol.
That is not what the court did. The court did not make it impossible. It was not provided for in the law. And the court decided that because it was not provided for, it was not the court's job to determine, in 16 pages, how the samples could be taken to ensure their accuracy or that conclusions could be drawn that might deprive people of their freedom.
We are so proud to be a country that respects rights and freedoms. This is part of how we respect people's freedom. Before putting them in jail on technical evidence, we have to ensure that the evidence is solid.
The also began criticizing us for another reason recently. He laughed at us because we do not accept his alternative titles. In this case, I can tell him that we will agree with his title, which is “Response to the Supreme Court of Canada Decision in R. v. Shoker Act”. Now that is how to objectively describe, without using propaganda, the bill that is currently before us.
This is one case where he did not fall back into his bad habits. Unfortunately, not all bill titles are like this. The best example is the 's new trick, which involves inserting his campaign propaganda into the legislation. Since he is likely somewhat unsure of the value of the legislation, he starts by spewing his propaganda, which is an insult to the judiciary. One example is Bill , Ending House Arrest for Property and other Serious Crimes by Serious and Violent Offenders.
Has there ever been a ruling in Canada ordering house arrest for serious and violent offenders? If so, it is contrary to the current legislation, which states: “[if the court] is satisfied that the service of the sentence in the community would not endanger the safety of the community...”
Thus, the first condition for house arrest is that it does not endanger the safety of the community.
That should go without saying. If we stop detaining violent and dangerous offenders and release them, that will jeopardize public safety. The minister never said that that was happening anywhere in Canada. And if this was the case with one out of the thousands and tens of thousands—if not more; I think that the number of sentences handed down every year in Canada is in the six figures—, there is recourse and it can be taken to the Court of Appeal. The case can be appealed on the basis that the offender is violent and dangerous.
It is a ruse, a trap to eliminate more cases in which house arrest could be used. The Conservatives do not like house arrest. This happens in almost every country in Europe. It is extremely useful with an offender who has committed a first offence. By imposing some conditions, we can turn them away from crime. We can force them to take courses and support a family, we can impose a curfew, monitor him and impose an addiction treatment if he has a substance abuse problem.
Keep the person at home. It is a lot less expensive and much more effective than sending him to do time, when he will likely lose his job if he has one, interrupt his studies and meet other criminals who will teach him tricks to commit other crimes. We know that prison is not a very good school. In civilized countries, prison is reserved for truly dangerous people. Here, we are following the model used in the United States, a country with the highest incarceration rate in the world: between 730 and 760 incarcerations per 100,000 inhabitants. Our rate is 120 per 100,000. I do not know how much the Conservatives want to increase that number by, but at 120, we are average. Out of 155 countries, we rank about 50th. Our rate is even higher than that of almost every European country, except one country in the United Kingdom.
The bill will take this tool away from judges in first offence cases. When I was public safety minister in Quebec, I was told—and this was consistent with my experience after more than 25 years practising criminal law—that up to 90% of people who are brought before the court are brought there only once in their life. It is the other 10% that causes us major problems.
In any event, we have already said we agree that the Supreme Court was right to shed light on this anomaly. We can prohibit someone from consuming certain substances without giving the court the power to order a technical and scientific verification that the person is complying with these conditions. This is a lot like drinking and driving, a more common crime, and one that is even committed by people who do not have a criminal record or other criminal behaviour.
When I first started pleading cases, it was quite funny to listen to those cases because police officers had observed, in the accused, the symptoms that the Supreme Court had defined as symptoms of drunkenness in a case in 1926: eyes glazed over, slurred speech, staggering gait. The police would say that the accused was staggering and his speech was slurred and that was how they established whether a person was drunk or not. It was rather ridiculous and that is why we were finally able to get objective evidence with the breathalyzer. There has been a dramatic drop since this objective measure has been in place.
In this case, I think this legislation was necessary. Personally, I think six months should have been plenty of time to draft such a bill following the Supreme Court ruling. It should not take three years to do so. The minister, who is supposedly thinking of the potential victims, could have sped things up a little. Fortunately, he has no problem tooting his own horn. He concluded his November 30 news release by saying that the government, “is standing up for victims of crime, and putting the rights of law-abiding citizens ahead of the rights of criminals”.
I do not know why he said that. It must have been out of habit. In this case, the provision was suggested by the Supreme Court, which he does not like. I do not see how this puts the rights of law-abiding citizens up against the rights of criminals. In any case, nearly all sentences that come with probation orders do in fact include abstinence conditions.
I do not believe that all of these people are criminals. Indeed, just because someone commits a single offence or has a drug problem at one time in his life does not make him a criminal for the rest of his days. It seems perfectly reasonable to me that if an abstinence condition is imposed because the offender has a drug problem, there should be some scientific way to verify his compliance. If it were obvious—