C-83

Details

Full Title

An Act to amend the Corrections and Conditional Release Act and another Act

First Reading

October 16, 2018, Parliament 42, Session 1

Type

House Government Bill

Full Content

https://www.parl.ca/legisinfo/en/bill/42-1/c-83

Summary

Bill C-83 makes changes to the Corrections and Conditional Release Act and the Criminal Records Act. The bill aims to eliminate administrative and disciplinary segregation in prisons. It introduces structured intervention units for inmates who cannot be safely managed in the general prison population. These units are meant to provide a more humane environment with opportunities for human contact, programs, and services.

The bill emphasizes the importance of considering the unique needs and backgrounds of Indigenous offenders in all decision-making processes. It also seeks to improve healthcare for inmates, including mental health assessments and access to patient advocacy services. The bill supports the autonomy of healthcare professionals within correctional facilities, allowing them to make independent clinical judgments.

To reduce the use of invasive searches, the bill promotes less intrusive alternatives to physical body cavity searches, such as body scan searches. It also aims to improve victims' access to audio recordings of parole hearings. The bill includes transitional provisions for inmates currently in administrative segregation or subject to certain disciplinary sanctions. It mandates a review of the enacted provisions within five years, followed by a report to Parliament outlining any recommended changes.

Furthermore, the bill establishes independent external decision-makers to review cases of inmates in structured intervention units, providing an additional layer of oversight. The Minister will appoint these decision-makers, who must have knowledge of administrative decision-making processes. These decision-makers will determine whether inmates should remain in the units, ensuring that the Service takes all reasonable steps to provide inmates with opportunities for interaction and time outside their cells.

Finally, the bill also makes a minor amendment to the English version of the Criminal Records Act, updating a reference related to probation orders. The bill includes provisions for coming into force, with specific sections taking effect on dates determined by order of the Governor in Council.

Issues

Social Services

• Healthcare

  The bill aims to improve healthcare for inmates. It makes sure that inmates have access to healthcare. This includes medical, dental, and mental health care. The bill says that correctional services must support the independence of healthcare workers. They should be able to make their own professional decisions about patient care. The bill says inmates should have access to patient advocates. These advocates can help inmates understand their rights and responsibilities related to healthcare.

Social Justice

• Reconciliation

  This bill changes how the correctional system deals with Indigenous offenders. It says that the Service must consider the background and systemic factors that affect Indigenous people in Canada when making decisions about Indigenous offenders. These factors include things that have led to the over-representation of Indigenous people in the criminal justice system. The bill also emphasizes the importance of Indigenous culture and identity. The goal is to make sure the correctional system is fair and responsive to the needs of Indigenous offenders.

• Gender and Sexuality

  The bill states that correctional policies, programs, and practices should respect sexual orientation, gender identity, and expression.

• Racism

  The bill addresses systemic issues that affect Indigenous people in the justice system. It requires the Service to consider systemic and background factors affecting Indigenous peoples of Canada, including those that have led to overrepresentation in the criminal justice system.

Security and Defense

• Crime

  The bill changes how inmates are managed in prisons. It gets rid of administrative and disciplinary segregation. It creates structured intervention units for inmates who cannot be safely managed in the general prison population. The goal is to make sure inmates are safe and have opportunities for meaningful human contact and programs. The bill also includes rules about searching inmates and visitors to prevent contraband from entering prisons.