胡子修参议员就C-83法案《加拿大治安管理惩教法》提出修正案

日前，胡子修参议员就C-83法案《治安管理惩教法》提出修正案。联邦政府C-83法案对《加拿大治安管理法》进行修改，取消隔离拘禁，改为每天必须有四个小时室外活动及社交，和医护人员每天探视的单独关押。胡参认为，对某些罪犯隔离拘禁，无论对罪犯自身安全还是其他罪犯及看守人员的人身安全都是必要的。“要达到新法案中要求的最低社交量，就要有持续的监视，然而狱警的数量有限。无力对重罪犯有效管理反而会重导2018年阿尔尚博监狱和米尔黑文监狱谋杀事件的覆辙。”C83法案如果通过恐令事态更加恶化。



胡参议员提议部长必须每年向国会汇报拘禁管理法修改前后相关人员死亡和严重受伤的情况，并对事件原委进行说明。如果我们坚信政务公开，民众理应期许信息透明。我们深信加拿大有责任和义务确保包括罪犯在内的每个人的权利。
 
发言全文如下：

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.”.