Question Period Note: Transforming Federal Corrections (Bill C-83)

Provisions from Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, came into force on November 30, 2019 and legislate transformative changes to Federal Corrections.

• The Government of Canada has taken important steps to transform the federal correctional system.
• We are investing $448 million in support of Bill C-83, which amended the Corrections and Conditional Release Act to eliminate the use of administrative and disciplinary segregation, and replace it with a new correctional interventions model that promotes rehabilitation in a humane and secure environment.
• Of those funds, $150 million will be devoted to strengthening mental health care to support the early diagnosis and treatment of inmates with mental health needs.
• The Government of Canada is focused on ensuring that federal correctional institutions provide a safe and secure environment conducive to inmate rehabilitation, staff safety and the protection of the public.

In the 2018 Fall Economic Statement, the Government announced $448 million over six years, and over $140 million ongoing, to transform federal corrections.

Bill C-83: On October 16, 2018, the Government of Canada introduced Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. It received Royal Assent on June 21, 2019 and provisions came into force on November 30, 2019 to eliminate administrative and disciplinary segregation and to implement a new correctional interventions model. The reforms in C-83 also strengthen health care governance; better support victims in the criminal justice system; and consider the specific needs of Indigenous offenders.

Structured Intervention Units (SIUs) have been established to provide the necessary resources and expertise to address the safety and security risks of inmates who cannot be managed safely within the mainstream inmate population. Inmates in a SIU will:

• receive structured interventions and programming tailored to address their specific needs which brought them into the structured intervention unit to begin with;
• have an opportunity for a minimum of four hours a day outside of their cell; and,
• have an opportunity for a minimum of two hours a day of interaction with others.

Independent External Decision Makers (12) have been appointed by the previous Minister of Public Safety to decide cases of inmates placed in SIUs. The creation of these new positions respond to feedback received from stakeholders about the importance of external and independent oversight of the new SIU approach.

Further Improving Mental Health Supports for Inmates: Of the $448 announced in the 2018 Fall Economic Statement, more than $150 million over six years and $70 million ongoing thereafter will be used for improved mental health care within federal correctional institutions. These investments will support enhanced assessment and early diagnosis of inmates at intake and throughout incarceration, enhanced mental health care, support for patient advocacy services and 24/7 health care at designated institutions.

Considering Factors Unique to Indigenous Offenders – Bill C-83 introduces a legislated requirement for the CSC to ensure that systemic and background factors unique to Indigenous offenders are considered in all correctional decision-making.

Supporting Victims in the Criminal Justice Process – Bill C-83 provides for better support to victims in the criminal justice system by allowing victims who attend a Parole Board of Canada hearing to access audio recordings of the hearing.

Strengthening Health Care Governance – The proposed reforms would affirm Correctional Service of Canada’s obligation to support health care professionals in maintaining their professional autonomy and clinical independence.

Litigation against the Government of Canada
Canadian Civil Liberties Association v. Canada (CCLA)
The Canadian Civil Liberties Association challenged the constitutionality of the administrative segregation scheme in the Corrections and Conditional Release Act (CCRA). In December 2017, the Ontario Superior Court declared that ss. 31 to 37 of the CCRA are unconstitutional pursuant to s. 7 of the Charter to the extent that they authorize administrative segregation after the fifth working day without review by an independent internal decision-maker. The Court suspended this declaration for one year to allow time for the government to implement a new framework for inmates that cannot be managed in the mainstream inmate population.

SCC: Section 7 of the Charter - 5 Day Independent Review (Extension decision)
Canada sought a further extension of the suspension of declaration of invalidity. In April 2019, the Ontario Court of Appeal (ONCA) only granted the extension until June 17, 2019. In June 2019, Canada sought leave to appeal the ONCA’s order with the Supreme Court of Canada (SCC). In June 2019, the SCC granted an interim stay and interim extension until it determines the motion for an extension and stay.

SCC: Section 12 of the Charter - 15 Day Hard Cap (Appeal and Extension decision)
The CCLA appealed the trial court’s decision. In March 2019, the ONCA allowed the appeal in part and issued a declaration that ss. 31 to 37 of the CCRA unjustifiably infringe s. 12 of the Charter to the extent that it provides for administrative segregation longer than 15 consecutive days; it suspended its declaration of invalidity for 15 days. In April 2019, Canada filed an application for leave to appeal the decision with the SCC and sought a stay. The SCC granted Canada an interim-interim stay until the SCC makes a decision on the interim stay. In June 2019, CCLA requested leave to cross-appeal; Canada opposes this request.

British Columbia Civil Liberties Association and John Howard Society of Canada v. Canada (BCCLA)
The British Columbia Civil Liberties Association and the John Howard Society of Canada challenged the constitutionality of administrative segregation in correctional facilities. In June 2019, the BCCA upheld the lower court’s declaration of invalidity striking down the provisions authorizing administrative segregation in the CCRA. The BCCA found that the legislation violates s. 7 of the Charter as it allows for prolonged indefinite administrative segregation and does not require external review starting at the fifth working day. The declaration of unconstitutionality was extended until November 30, 2019. In September 2019, Canada filed submissions seeking leave to appeal the decision of the BCCA with the SCC. Canada argues that there are issues of public importance and an opportunity to clarify the law. The respondents seek to cross-appeal to the SCC on various grounds including what time limits should be imposed on the use of solitary confinement given the conflicting appellate decisions.

On November 27, 2019, Canada filed their joint reply and response to the application for leave to cross-appeal. Canada refutes the allegation that the appeal would be largely moot by arguing that there are issues of public importance. Canada opposes the application for leave to cross-appeal on the grounds that the respondents do not raise issues of public importance and it is improper for the respondents to seek guidance on Bill C-83 when it is not yet in force and is not the subject of these proceedings.

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