胡子修參議員就C-83法案《治安管理懲教法》提出修正案

聯邦政府C-83法案對《加拿大治安管理法》進行修改，取消隔離拘禁，改為每天必須有四個小時室外活動及社交，和醫護人員每天探視的單獨關押。

胡參認為，對某些罪犯隔離拘禁，無論對罪犯自身安全還是其他罪犯及看守人員的人身安全都是必要的。

 “要達到新法案中要求的最低社交量，就要有持續的監視，然而獄警的數量有限。無力對重罪犯有效管理反而會重導2018年阿爾尚博監獄和米爾黑文監獄謀殺事件的覆轍。”

C83法案如果通過恐令事態更加惡化。

胡參議員提議部長必須每年向國會匯報拘禁管理法修改前後相關人員死亡和嚴重受傷的情況，並對事件原委進行說明。如果我們堅信政務公開，民眾理應期許信息透明。我們深信加拿大有責任和義務確保包括罪犯在內的每個人的權利。

發言全文如下：

Honourable senators,

Senators, I rise today to speak on Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act.

Speaking personally, I believe that the segregation of some inmates from the general population – either for their own safety or for the safety of other inmates and staff – is necessary.

What concerns me is that we are ignoring the real life consequences of what Bill C-83 will mean for inmates and staff.

A little over two months ago, on March 20, Mr. Jason Godin, representing the correction officers' union, testified about the impact of two Commissioner’s Directives on segregation policies: Specifically Commissioner’s Directive CD 709 and Commissioner’s Directive CD 843.

He said the following and I QUOTE:

“Many of the inmates currently managed within segregation units are highly vulnerable and are segregated for their own protection. In order to provide them with the amount of interaction prescribed within the new bill, they will require direct and constant supervision from already limited numbers of correctional officers. Conversely, the inability to adequately manage incompatible inmates will lead to consequences like those seen in Archambault and Millhaven institutions where inmates were murdered in separate incidents in early 2018.”

My colleague Senator Poirier raised this matter with Minister Goodale at the Social Affairs Committee on May 8.

She asked the Minister and I QUOTE:

• “Are you familiar with the situation and have inmates’ lives been lost as a result of the changes that have been made to segregation policies?
• Have you been briefed on the issue?
• Are you aware of it?
• Do you expect that this will become worse once Bill C-83 comes into force?”

Colleagues, unfortunately the Minister did not answer these questions clearly.

We therefore have no confirmation whether inmates are already dying as a result of the change in segregation policies.

This is where I believe that we may have a point of agreement among Senators with respect to a reasonable amendment.

I ask:

Should Members of Parliament, Senators and the Public not be at least aware of how many inmates may have died or been seriously injured as a result of being transferred into or out of Structured Intervention Units?

I believe that the answer should be obvious.

It is very important that we know how many inmates or staff may have died or been injured in a given year as a result of being transferred into Structured Intervention Units, or out of these units.

Therefore, I propose a simple amendment:

I propose that the Minister be required to report to Parliament annually about any deaths or serious bodily injuries that, in the opinion of the Minister, may be related to the transfer of an inmate in or out of a structured intervention unit.

I also propose that such a report should include the circumstances in which this may have occurred, and reasons for the transfer of that inmate.

Colleagues, I believe that this is the least that we should expect if we believe in transparency.

The Minister is already obligated to report to Parliament in Section 95 of the Corrections and Conditional Release Act on the operations of the Correctional Service.

This amendment would add a specific requirement to report on deaths and serious injuries in custody.

I therefore move that,

“30.1 Section 95 of the Act is renumbered as subsection 95(1) and is amended by adding the following:

(2) The report referred to in subsection (1) shall include an account of any death or serious bodily injury of an inmate or a staff member if, in the opinion of the Minister, the death or serious bodily injury may be related to the transfer of an inmate into or out of a structured intervention unit.

(3) The account referred to in subsection (2) shall include the circumstances of the death or serious bodily injury, the grounds for confining the inmate in a structured intervention unit and, if applicable, the grounds for transferring the inmate out of the unit.”.

Thank you.