44th Parl. 1st Sess.
June 6, 2023 10:00AM
Madam Speaker, we are hearing from Canadians that they do not feel safe walking down the street or taking transit. Canadians are telling us that our communities feel less safe; it is our responsibility to turn this trend around and avoid making the situation worse. We cannot allow violent offenders, and repeat violent offenders, to access easy bail. As Canadians know, Conservatives believe in jail, not bail, for repeat violent offenders.
The numbers are staggering. In the past eight years, violent crime has increased 32%, and gang-related murders have doubled. In Vancouver, 6,000 crimes were committed in one year by just 40 individuals. Does that sound like a system that is working?
Sadly, this week, we are reminded of Canada's most heinous murderer. They were moved from a maximum-security prison to a medium-security prison. As Lisa Freeman said, “In this killer's case—just like my late father's axe murderer—the level of prison security in no way matches the severity of the crimes committed by these wicked individuals.”
With this transfer, we see the system retraumatize the victims' families by not allowing them timely access to information related to their loved one's killer. As reported in the media, “The lawyer for the families of two of Paul Bernardo's victims says they were given no warning or explanation about [the] recent prison transfer..., a move they oppose.”
Timothy Danson is the lawyer for the families of Kristen French and Leslie Mahaffy, the teens who were kidnapped, sexually assaulted, murdered and dismembered by Bernardo and his then wife, Karla Homolka. Mr. Danson said that the Correctional Service of Canada informed him by phone this past week that Bernardo had already been moved from a maximum-security institution in Ontario to a medium-security prison in Quebec. Mr. Danson had to tell the families the news of the transfer and communicate the results of a failed system that forces families to feel victimized over and over again. It is totally unacceptable.
Who is looking after the rights of victims? If we do not, who will? As Mr. Danson explained, “This just brings back all the horrible memories that they've been trying to suppress and control over these last number of decades. So it just brings sadness and despair and disbelief to them.”
By failing to change the system, we are creating more victims. More families have to live without a mom or a dad, a brother or a sister, or a daughter or a son. We cannot continue on this trajectory. Bill C-320 is an attempt to change that trajectory and restore some semblance of respect to the system and to victims' families.
Often, victims of crime, such as Lisa Freeman and her family from my riding of Oshawa, are caught off guard when they are notified that an offender is eligible for forms of parole before the 25 years indicated on their certificate of conviction. Lisa's father was tragically bludgeoned to death by an axe murderer in 1991. I think it is also worth noting that this murderer was out on parole when this horrific crime took place. Lisa was caught off guard when her father's killer was eligible for early parole, only 20 years into his sentence of 25 years to life. She believes, and I agree, that the lack of transparency regarding how parole dates and eligibility are determined cause the victims of crime to experience confusion, frustration, trauma and resentment for the justice system.
It is the responsibility of the government to ensure that victims of crime are treated with the utmost respect and dignity. This legislation, Bill C-320, makes a simple amendment to the Corrections and Conditional Release Act, in terms of disclosure of information to victims, that would provide such respect and dignity. It would require that information regarding the review and eligibility for all forms of parole be communicated, in writing, to offenders' victims. This would include an explanation of how the dates for parole were determined and explain the process in an effort to be as transparent as possible. We cannot argue with the logic of this bill, and I am sure that I shall have full support from my colleagues, the members of this House.
Currently, the system is designed to support the criminal and not the victim. Victims do not have any support compared with the support our government gives to the criminal. I would like to remind my colleagues that it is a matter of public safety, and it is the job of the Minister of Public Safety and the government to keep the public safe. The job description is “public safety”, not “axe-murderer safety”. To victims of crime, this is clear: A murderer's rights trump a victim's rights every single time.
Victims and the public deserve this bill. It would provide accurate and timely information regarding the parole process to victims and avoid providing a sense of false comfort by misleading them and the general public regarding parole eligibility. Such a sentence as life in prison without the possibility of parole for 25 years is meant to imply severity. However, it is simply not true that the punishment is severe; this is misleading to the families and to the general public. The system uses these words that imply severity, that imply punishment. To any passing observer, it does look severe and harsh, but the words uttered by judges and echoed by the media give false information to the general public. These words are a false comfort to families and to the public.
Offenders serving a life sentence without parole for 25 years can actually be released on other forms of parole for personal development, temporary absences and community service work. This can happen well before their so-called sentence ends. In prisons across the country, offenders who have committed some of the most heinous crimes, such as murder, are housed in minimum-security prisons; families are constantly aware that the level of security does not match the severity of the crime.
Lisa Freeman said:
“When the axe murderer who killed my father received a ‘life sentence’ never did I think it would include living in a halfway house, with a job, a car, a very comfortable home and catered meals made by an in-house Chef. Most hard-working Canadians don't live as well as this! The offender was moved across the country to Alberta because the program he wanted to attend wasn't ‘available in Ontario’ but in transferring him, they placed him in an institution 10km from my sister's house, and only notified me 24 hours later because he ‘has the right to delay the information by 1 day’. Full parole for this axe murderer was denied in October of 2020—but I wasn't allowed to attend the parole hearing to object—Covid didn't deny me the right to attend in person—the Parole Board did. As per the Corrections and Conditional Release Act, the offender has the RIGHT to an office decision once they have passed their parole eligibility date, a decision made by a sole panel member. My rights—victims' rights—didn't exist.”
The families of homicide victims should not have to be subjected to any of this. They are busy grieving, trying to repair broken lives and trying to keep the trauma at bay. However, compounding the trauma is dealing with Correctional Services Canada, the Parole Board of Canada and the justice system. It is our job to keep dangerous people incarcerated and Canadians safe, but we are failing miserably. From brokered, watered-down sentences for violent crimes to mismanagement of parole and the bail system, Canadians are just not safe anymore.
Families who have suffered as a result of an offender's action do not deserve to be revictimized by the parole system; victims of crime have enough to carry. Under the guise of rehabilitation, victims of crime are often forced to stand back and watch while violent offenders exercise their rights, which most victims of crime find are nothing more than a mockery of justice and basic common sense. Where are the victims' rights? Victims deserve better. They at least deserve accurate information.
1406 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, as a New Democrat, I am pleased to rise in the House and say that we do support this bill as part of our commitment to the protection of victims' rights. Also, we encourage all members of the House to support the attempts to provide victims with the services they need in terms of rehabilitation or to compensate for losses they have suffered as a result of being victims of crime.
We conducted hearings in the justice committee, where we heard from victims, and we heard very clearly that one of the things they want is accurate and timely information about the parole process. For that reason, I am quite happy to see this bill come forward and to support it. One of the additional things we heard from victims was on the specific case of sexual assault victims, who asked to be consulted and to be informed about publication bans, and have the right to opt out of publication bans on their assaults. Many of them felt a publication ban without their consent denied their agency and their ability to speak about their own experience, and often it inadvertently protected the perpetrators when their names were suppressed. That is in a bill that is before the Senate, Bill S-12. It was in committee in the Senate today, and I think most of us look forward to that provision getting here to the House very soon.
There are other important measures, and I thank the member for Shefford for talking about the attempt to move coercive and controlling behaviour into criminal law. That was originally in a private member's bill I sponsored, but it is now being brought forward by the member for Victoria as Bill C-332. I hope we will be dealing with that this fall. Again, by making coercive and controlling behaviour a criminal offence, we can prevent victims of violence in the future, since coercive and controlling behaviour in intimate partner relationships is almost always a precursor to actual violence in that relationship.
I spent 20 years, before I came here, as a criminal justice instructor, and one of the things I know from working with and talking to victims is they are concerned about public safety, and in the very specific sense that almost every victim wants to make sure we take measures to make sure the same experience they had does not happen to others. That concern for public safety is always front and centre with every victim I have met with.
It is unfortunate when rhetoric around crime, punishment, parole and bail veers off into what I would call an ideological position that tougher, longer sentences actually keep people safe. It really misunderstands the purpose and function of our parole system. We know that, in Canada, people are eventually going to be released from jail, except for a very small number of them. The parole system does not provide a “get out of jail free” card or earlier release; it provides incentives for good behaviour in the corrections system and it provides incentives for people to participate in rehabilitation, to take drug and alcohol counselling and to take anger management courses. It is hard to get parole if one does not engage in good behaviour in the system and does not engage in those rehabilitation activities. A person will not actually get parole and will not get the privileges of a phased release, being in a halfway house or any of those other things that are seen somehow as privileges. Those things are actually the phased reintegration of people into the community.
We know that people who successfully complete a parole process have a much smaller chance of reoffending. If we make parole almost impossible to get and if we insist on very long sentences, we actually have a negative impact on public safety, in that those who have committed crimes will serve their sentence in the institution, will not participate in rehabilitation activities and will be released at the end of their sentence with no supervision, no access to public services and no monitoring of what they are doing in the community. Parole is a way of keeping people safe; it is a way of promoting public safety. It is a way of encouraging rehabilitation. It is important we not lose sight of that. Having said that, victims obviously need to have accurate information about how this works and what is happening at each stage of the process. In that sense, of course, I am still supportive of this bill.
At this point, it is important to mention what I will call the unsung heroes of public safety, who are not as high profile as the police or as corrections workers. Those are the parole officers in this country. Parole officers work very hard with those who are being phased back into the community, to make sure they are successful. In doing so, they help promote public safety. I salute the more than 1,600, I think it is now, parole officers who work for Corrections Canada and belong to the Union of Safety and Justice Employees.
They have recently released a report, within the last year, that points out the challenges they face. Parole officers have very high levels of operational stress injuries in their occupation. That has to do with the stress of dealing with the offenders and the lack of resources in our system.
One of the things they have called for is the hiring of additional parole officers. This would help each of them do their job in a healthier manner, but also reducing caseloads would mean there is more time for those parole officers to spend on the people who are being released, so they can provide better supervision, more monitoring of things like curfews, or more monitoring of whether they are actually where they are supposed to be while they are on parole.
In addition, they called for increased mental health services for parole officers. One of the things they pointed out was that this, in actual fact, saves money. If we provide better mental health services, we avoid the burnout that leads to long-term operational injuries and long-term sick leave.
The other thing they asked for, and I think this is interesting because it shows their professionalism, is increased funding for more mental health professionals working inside our correctional institutions and as part of the parole system. Quite often what we see now, unfortunately, is offenders who have very complex psychological and substance abuse problems to deal with. We need those highly skilled professionals to help design the programs that would help rehabilitate them into the community with the least risk possible to the public.
Again, it is important, whenever we are talking about probation, parole or bail, to remember that things like parole and bail are designed to help keep the public safe—
An hon. member: Do we have quorum?
1165 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
