Bill C-59 (Historical)

Abolition of Early Parole Act

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

This enactment amends the Corrections and Conditional Release Act to eliminate accelerated parole review and makes consequential amendments to other Acts.

Disposition of Abolition of Early Parole Act

[Phil McColeman, Conservative, Brant, ON]

Madam Speaker, I appreciate the opportunity to rise today in support of the motion which will help ensure that we pass Bill C-59, An Act to amend the Corrections and Conditional Release Act into law in the most timely way possible.

Accelerated parole review has been a topic of discussion and debate both here and in the public, including the media, for some time now. We have all heard the heart-wrenching stories about how hard-working Canadians have been deceived into voluntarily handing over their life savings and how their lives, and ultimately their futures, have been destroyed by the white collar criminals who defrauded them.

Canadians have told us that they want action on crime. They want the punishment to fit the crime. They also want to ensure that the rights of offenders are balanced with the rights of victims and law-abiding citizens. The bill would do just that. This legislation would ensure that white collar offenders are held accountable for their crimes and would increase justice for victims by providing tougher sentences for those responsible.

Just a few years ago fraud was considered by many to be a faceless crime as it was seen typically to be committed against big business and multinational corporations. Today, however, victims of fraud are coming forward to tell their stories about how their lives have been changed forever. These individuals and groups are working hard to protect others from suffering the same loss of financial security and confidence that they have endured.

Fraud comes in many forms, including securities-related frauds, such as Ponzi schemes, and mortgage and real estate fraud. In all cases, it involves deception as well as dishonest conduct that deprives the other person of his or her property or puts his or her property at risk.

Fraud can have a devastating impact on the lives of victims, including loss of life savings and feelings of humiliation for having been duped into voluntarily handing over their property or their finances. For many victims of fraud, their lives will never be the same. The crime has damaged them not only financially, but emotionally.

Currently, as hon. members know, offenders convicted of non-violent offences can apply for day parole at one-sixth of their sentence and full parole at one-third of their sentence through an expedited process called accelerated parole review. This can only occur if the Parole Board of Canada is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the expiration of his or her sentence. This means an offender convicted of a serious white collar crime, for example, could be eligible for this type of early release.

Bill C-59 is an opportunity for all of us to change the current system and to stand up for Canadians who have been victimized through this type of crime. Standing up for victims of crime is, and always has been, at the forefront of this government's public safety and justice agenda.

The Government of Canada is committed to supporting victims of crime and to ensuring that victims have a greater voice in the criminal justice system. As a demonstration of this commitment, the government has contributed $52 million over four years to enhance the federal victims strategy. This will go a long way to better meet the needs of victims.

Furthermore, in 2007, the federal government created the Office of the Federal Ombudsman for Victims of Crime, an independent resource for victims in Canada. This office was created to ensure that the federal government meets its obligations to the victims of crime.

Additionally, the Policy Centre for Victim Issues at the Department of Justice works with other federal government agencies, as well as provincial and territorial governments, to help victims and their families understand their role in the criminal justice system and the laws, services and assistance available to them.

The National Office for Victims, which is within the Department of Public Safety, is a single national point of contact for victims who have concerns about offenders and questions about the federal correctional system and the Canadian justice system. This is a starting place for them to ask their questions and get them answered.

The National Office for Victims is a central resource that offers vital information to victims through a toll-free line which victims or members of the general public may call free of charge from anywhere in Canada or the United States. The office also provides input on policy and legislative initiatives, education about victims' issues for members of the criminal justice system, and networking and support for the Correctional Service of Canada and the Parole Board of Canada.

We are also helping victims get the information and services they need online through a victim services directory, which is housed at the Department of Justice. Through this directory, victims and service providers are able to locate the necessary services and organizations they may require in their area. Through these services, this government sincerely wishes to lighten the load of Canadians who have been victimized by providing valuable information and resources that are only a click or phone call away.

We are also cracking down on crime and have introduced numerous pieces of legislation to support our agenda. Furthermore, this government has passed legislation to help combat identity theft and identity fraud which has been identified as a fast-growing problem throughout North America.

We have also introduced legislation that would ensure victims can have a voice at Parole Board of Canada hearings, while ensuring that offenders cannot withdraw their parole applications 14 days or less before a hearing date. Victims of crime have called on this government for changes to the current system and our government has delivered. Bill C-59 would only further build on and strengthen our history of standing up for Canadians who have been victimized.

Many victims of white collar crimes and fraud in particular are shocked and appalled to discover that the individuals who commit these types of crimes can be eligible for supervised release into the community shortly after they are sentenced. Unless the Parole Board of Canada has reason to believe offenders will commit violent acts if released, it must release them into the community under conditions. This means that offenders convicted of serious white collar crimes can be eligible for this type of early release.

As it stands, an offender sentenced to 12 years could be released into the community on day parole in just two years and fully paroled in four years. Is justice being served to Canadians who have been victims of this type of crime? The answer is simply no.

Canadians lose faith in the criminal justice system when they feel that the punishment does not fit the crime. Canadians must believe that our justice and corrections systems are working for them. That is why our government has made the rights of victims and the protection of society our priority. That is why we have introduced Bill C-59.

Bill C-59 would abolish the current system of accelerated parole review whereby offenders who commit non-violent crimes such as fraud can be released on day parole after serving as little as one-sixth of their sentence. Under the proposed legislation, offenders who commit fraud and other white collar crimes would be eligible for regular day parole at the earliest six months prior to full parole eligibility. Through this legislation, this government is sending a strong message to white collar offenders that if they commit the crime, they have to face the consequences of the law.

Canadians have spoken and we are listening. Above all, Canadians want us to work together to take immediate action to ensure that the changes our government is proposing are passed into law. This would mean victims of fraud and other white collar crimes could in fact see that justice is served. I call on all hon. members to support the bill before us today and to work together to ensure Bill C-59 receives speedy passage.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I am pleased to have the opportunity to join in the debate today and to support the motion before us. I am splitting my time with the member for Brant.

I listened with great interest to the comments of several of our hon. members and I appreciate this opportunity to set the record straight on a number of fronts. Some of our colleagues today suggest that the motion before us is somehow not in the best interest of a free and open debate. The implication is that our government is not listening to Canadians, that we are just moving forward without time to hear what people are telling us.

That is patently false. Canadians have spoken loud and clear since our government was first elected, and our government is listening. Canadians have told us that they want us to take action to keep our streets and our communities safe. Our government has delivered on our commitment to build safer communities in a number of different ways.

Canadians have told us that they want us to work together to get tough on crime. Again, our government has listened and we have introduced and passed a wide range of bills to deliver on our commitment to get tough on crime.

Canadians have told us that they want a justice system that will work the way it should. Again, our government is taking action to ensure that it does. That includes keeping dangerous offenders behind bars, not releasing them into the streets automatically before they are ready. That is why we have introduced new laws to end early parole for offences of murder and to prevent potentially dangerous offenders from serving their sentences in their homes.

Previously, there was a practice for offenders to be granted extra credit for the length of their sentences for time they had served before or during their trial. That was not acceptable to many Canadians, and our government is listening. That is why we have delivered legislation that limits credit for time served in pre-sentence custody.

We have also introduced legislation to tackle property crime, including the serious of crimes of auto theft and trafficking in property obtained by crime. I am proud to note that our government has passed legislation to help reform the pardon system. In particular, we have ensured that the Parole Board of Canada has the discretion it needs to determine whether granting a pardon would bring the administration of justice into disrepute.

In addition, our government has passed legislation to strengthen the National Sex Offender Registry and the National DNA Data Bank so all sex offenders are registered. After all, our government has taken significant action that achieves results in tackling crime in our communities, and we will continue to do more.

We are doing more because that is what Canadians have told us they need. They want a government that listens. Our government has. They want a government that takes decisive action. Our government has done just that, and that is what we are doing again today.

We have heard for several years that many Canadians want to do away with the current system of accelerated parole review. We have heard it from victims of crime and other white-collar crimes, many of whom have seen their entire life savings disappear in the blink of an eye. Many Canadians are outraged that fraudsters, con artists and swindlers can be reviewed for parole after serving just one-sixth of their sentence. Many Canadians ask why offenders should be treated differently from others just because they use a balance sheet rather than a gun as a weapon.

Canadians want answers. They want us to listen and, most of all, they want us to take action today. They do not want us to take action next year. They do not want us to delay taking action. The truth is all of us know what needs to be done. Canadians want results, and, again, our government is listening and taking action. Bill C-59 is all about that. It is about standing up for victims, and that includes victims of white-collar crimes and fraud.

Today, someone who commits fraud, in other words, someone who preys on hard-working, law-abiding Canadians and perhaps swindles their life savings from them is treated differently from other offenders. These offenders receive what sounds like a stiff sentence, but the sentence does not always reflect the amount of time an offender will actually spend in prison.

Today, a white-collar criminal might receive a sentence of 12 years, or perhaps in some cases more, but the reality is many are released on parole before other offenders who might receive a similar sentence.

Unlike other offenders who are generally eligible for day parole six months before full parole, white-collar or non-violent criminals can be free just after a few months in some cases. The general rule of thumb is they can access a process called accelerated parole review after serving one-sixth of their sentence and full parole after one-third of their sentence.

What makes the review process expedited is that these accelerated parole reviews are accomplished through a paper review by the National Parole Board of Canada, whereas regular parole reviews are normally done by way of a hearing in person. The test for accelerated parole review is also lower.

The National Parole Board of Canada only has to have reasonable grounds to believe that the offender will not commit a violent offence, whereas with other offenders the test is whether the person is an undue risk to commit any type of crime upon release.

The bottom line is that the parole board, when dealing with these cases, has limited discretion. The test is whether someone is going to commit a violent offence.

Even if the parole board believes someone will commit another fraud, the board is still compelled to release that individual under supervision at one-sixth of the sentence. That means in many cases people who are convicted of crimes that have had devastating effects on the lives and livelihood of Canadians often spend very little in prison.

The end result is that offenders convicted of white-collar crimes are often released under supervision after a few months. Fraudsters are given lengthy sentences, but these sentences do not result in much time spent in prison.

No wonder Canadians' faith in the justice and corrections system is shaken. No wonder they want change. That is what our government is doing today.

Bill C-59 would abolish accelerated parole review and repeal sections of the Corrections and Conditional Release Act that govern the accelerated parole review regime.

It will mean that offenders who commit non-violent or white-collar crimes are put on the same footing as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third their sentence.

Rather than being subject to a paper review, they will be subject to an in-person hearing. The test as to whether he or she should be released will be whether that individual presents an unmanageable risk of committing another crime.

The changes which our government is proposing will mean that Canadians can have faith that offenders convicted of white-collar crimes will not escape full accountability for their actions. These changes will mean that Canadians can have faith that their voices are being heard and that our government is taking action to deliver on our commitments.

I am therefore very proud to support the motion before us today so all of us can ensure that Bill C-59 receives the expeditious passage for which Canadians have called.

[Andrew Kania, Liberal, Brampton West, ON]

Madam Speaker, I thank my colleague for standing up for recent analysis and reasonable criminal justice legislation. He is the subject matter of personal attacks almost every day in the House of Commons because the government refuses to answer in a logical and lucid manner.

I would like to ask him about Bill C-21. In the justice committee last fall, Liberal amendments were put forward that if passed and accepted, would have eliminated the one-sixth accelerated parole review. In fact, Mr. Lacroix would not have been released if the Conservatives and the Bloc had not voted to defeat those amendments. The fact is both parties are arguing for closure today for Bill C-59, which only went through first reading on February 9, Would my colleague to comment upon that logic and consistency?

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, before question period, I was highlighting the many different initiatives our Conservative government had taken since 2006 to make our communities safer, such as bills that strengthen our justice system and efforts to put more police officers on the streets and the funding that is required for that.

I also talked about the bill before us regarding accelerated parole review and looking to eliminate because of serious concerns that Canadian citizens have expressed.

I have discussed the first difference between an accelerated parole review process and a regular parole review process. I would like to now talk about the other two. Let us look at the second major difference.

For most offenders, applying for parole means attending a parole review hearing in person. They must appear before the Parole Board and persuade it that they are ready to live in society as law-abiding citizens. It is quite different for white-collar and other non-violent offenders. That process involves only paperwork. The reviews are done on paper. There are no hearings for the individuals to attend. There is no need for offenders to plead their cases to officials face to face. Again, this is akin to a two-tiered system.

We are telling these offenders and all Canadians that fraud and white-collar crime really is not so bad, that stealing hundreds of thousands and, in some cases, millions of dollars from hard-working Canadians is not such a serious crime. This is unfair to victims. Canadians who have lost their retirement savings are telling us to make changes to the system. That is exactly what we are doing.

Finally, I come to the third key difference between an accelerated parole review and regular day parole. It is perhaps the most shocking one.

As I mentioned at the very beginning of my speech, under accelerated parole first-time offenders convicted of fraud can apply for day parole after serving just one-sixth of their sentence. They can then apply for full parole after serving only one-third of their sentence.

Allow me to do the math on this. Someone convicted of 12 years in prison for defrauding seniors, for example, can apply for day parole after serving only two years in jail. Canadians are shocked. Individuals and families who have lost their retirement savings, their nest eggs, cannot recoup those loses in only two years. In many cases, the loss can be a devastating blow that tears families and relationships apart. Two years later, they continue to struggle with the significant impact of the crime, while the offender is now able to apply for day parole.

How does this compare with the system currently in place for regular day parole? These offenders can only apply for day parole six months before they are eligible for full parole. This means they have to serve almost one-third of their sentence before they can even apply for day parole. It is only fair that non-violent white-collar offenders have to wait the same amount of time before applying for parole.

Therefore, by amending the Corrections and Conditional Release Act, we are recognizing the severity of white-collar and other non-violent crimes and ensuring that the Parole Board of Canada applies the same rules to all criminals. We are sending a message to those who plan to defraud Canadians out of their hard-earned money that they will face the same system of justice as everyone else.

It is time we abolish accelerated parole review and ensure that the time spent in prison fits the crime. That is what Canadians have asked us to do and we are delivering.

I call on my colleagues in the House to work together to ensure the swift passage of Bill C-59.

[Ed Fast, Conservative, Abbotsford, BC]

Madam Speaker, I am pleased to speak about the importance of Bill C-59 and to encourage all hon. members to support its swift passage.

Our government has said from day one when we came to power in 2006 that our highest priority is to protect the safety and security of Canadians. In the very first Speech from the Throne, the Prime Minister said that we would tackle crime, that we would introduce changes to the Criminal Code that would ensure tougher sentences for violent and repeat offenders, that we would put more police on the streets and improve the security of our borders. Since that day we have done exactly what we said we would do. As we used to say during the early years of our government: promise made, promise kept.

We have introduced numerous pieces of legislation to tackle violent crime. We have passed new laws that address the growing crime of identity theft and identity fraud. Our government has also introduced legislation to give victims of crime a stronger voice in Canada's justice system. This includes guaranteeing victims a chance to speak at parole hearings and emphasizing the responsibility of offenders to play a role in their own rehabilitation.

Each step along the way we have run into resistance from the opposition parties.

While our Conservative government has done many things already to strengthen the justice system and protect the rights of victims, there is still more work to be done. That is why we have introduced Bill C-59, which would amend the Corrections and Conditional Release Act to abolish something that really has Canadians steaming, and that is the current system of accelerated parole review.

Essentially, what accelerated parole does is it accelerates the process of applying for parole for offenders convicted of non-violent crimes, such as fraud and other white collar offences.

Back when this law was first introduced, crimes like fraud were generally considered victimless because they were not directed at individuals. Instead, they were more likely to target large faceless corporations, but things have changed, and how. Today we hear stories in the media about someone dressed in a business suit, a confidence man, a con artist, stealing hundreds of thousands of dollars from average hard-working Canadians, including vulnerable seniors. Today we understand more clearly how a crime like fraud can affect people on a profound level, wiping out their life savings and putting unimaginable stress on their lives and those of their families.

Even when the offenders are finally brought to court and given prison sentences, victims feel that the justice system has completely failed them. Why? Under accelerated parole, these so-called white collar criminals can apply for day parole after serving only one-sixth of their sentence. Members heard right: one-sixth of their sentence.

Let me briefly review the specific differences between accelerated parole reviews and regular parole reviews. There are three key differences that I would like to address in turn.

First, under accelerated parole, the only way for the Parole Board of Canada to deny day parole to an offender is if he or she is likely to commit a new violent offence. The key word in that sentence is “violent”. Even if there was a fear that the offender would perpetrate new frauds against our communities, the offender would still have the right to go on day parole. That is much less strict than the one for regular parole. The test for regular day parole is whether the parole board has reason to believe that the offender presents an unmanageable risk of committing a new offence, any offence.

A fraudster is held to a different standard than all other offenders. Most Canadians question that. This is clearly an advantage for those white collar offenders, the con artists. An individual who is convicted of fraud, for example, may not have a violent past but may still have criminal intent. With no evidence that the individual is prone to committing a violent offence, the parole board must release him or her back into the community even if he or she continues to represent a significant financial criminal risk to the community.

Our government believes it is unfair to have an accelerated parole system where some offenders are treated differently based on their crimes. We intend to change this practice.

Under Bill C-59, white collar, non-violent offenders would have to face the same parole test as all other offenders.

[Paul Szabo, Liberal, Mississauga South, ON]

Madam Speaker, the member provided a fact-based explanation as to the elements involved in Bill C-59. One piece of this has to do with the government's reluctance or refusal to provide all the information to the House of Commons or, indeed, the finance committee with regard to the impacts in this case of justice legislation.

I would ask the hon. member not so much whether it is a matter of making laws because of money, but whether the justice system is based on rehabilitation, punishment, reintegration and other elements. That principle seems to be abandoned. Would the member care to comment on whether we are moving away from the fundamental principles of public safety and the justice system?

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, I will be splitting my time with the hon. member for Abbotsford.

I am proud to have the opportunity to join this debate and offer my support for Bill C-59. I will indicate in my comments why the bill needs to be passed expeditiously not only by the House but also by the Senate.

As we have heard, the legislation before us today would do away with the part of the parole system in our country, which gives some offenders an opportunity for early release because they are first-time non-violent offenders. Nevertheless, they are serious offenders.

The legislation would do away with a system that sends a message to people who commit fraud or steal millions of dollars from innocent Canadians that the seriousness of their crimes is not on par with those who commit violent acts. This adds insult to injury for those hard-working Canadian families that have lost everything in an investment fraud or who have seen their entire life savings wiped out and their relationships and families torn apart in the aftermath.

We need to change the system so the time fits the crime. The legislation before us today will ensure that offenders will not have expedited access to day parole or parole. They will become eligible for parole at the same point and under the same criteria as all other offenders. It means that offenders who prey on law-abiding Canadians and wipe out their hard-earned savings will serve the appropriate time in custody for the severity of the crime to which they have been convicted. That is what Canadians want. It is what this government is delivering.

Since we were first elected in 2006, our government has been very clear that cracking down on crime is one of our top priorities. That means all types of crime. We have listened to Canadians who have told us that they are tired of not feeling safe in their own homes and communities. We have listened to stakeholders and to law enforcement groups that have asked us time and time again to give them the resources they need to perform their jobs. We have listened to victims who have told us that their voices also need to be heard. That is why we have taken action over the last five years on a number of fronts to build safer communities and to stand up for victims.

We have introduced legislation to crack down on organized crime and drugs by imposing mandatory jail time for people involved in serious drug crimes. We have introduced, which has been passed by Parliament, legislation that automatically views murders connected to organized crime as first degree murders.

We have introduced, which has been passed Parliament, legislation to tackle drive-by shootings and other intentional shootings that involve a reckless disregard for the life and safety of others. As well, we have further protected police officers and peace officers.

We have introduced legislation, which has been passed by Parliament, to ensure that individuals who are found guilty of a crime will serve a sentence that reflects the severity of that crime by limiting the amount of credit they will receive for time served in pretrial and pre-sentence custody.

We have also taken action to provide the police resources in our community. We have hired over 1,000 new RCMP officers. We said that we would provide funding for the provinces and territories, allowing them to hiring additional police officers, and have delivered on that commitment.

We have also given police forces more of the tools they need to do their jobs by passing legislation to strengthen the National Sex Offender Registry and the National DNA Data Bank. As well, we have introduced measures to support the ability of our law enforcement community to combat crime in the face of rapidly evolving communication technologies.

I am also proud of the fact our government has passed tough legislation to give police officers and the courts the added powers they require to fight identity theft, a major type of fraud which, by some estimates, robs Canadians of millions of dollars annually.

Hon. members will also know that our government has introduced legislation to get tough on all types of fraud by imposing mandatory minimum sentences of two years for fraud over $1 million and requiring the courts to consider restitution orders as part of the sentencing process.

We have already done a lot to make our streets and communities safer and to ensure that offenders are dealt with appropriately. However, we can, we will and we must do more.

Canadians are asking us to make changes to a justice system that has yet to find the right balance between the rights of offenders and the rights of law-abiding citizens. They want individuals who are found guilty of crimes to serve a sentence that reflects the severity of those crimes. Bill C-C-59 is all about that.

Bill C-59 would help ensure that individuals who committed non-violent or white-collar crimes could not get out of prison after serving just a small fraction of their sentence.

I am certain hon. members have heard the many stories of Canadians who have lost their entire life savings in massive fraud scams. It is hard to imagine how traumatic it must be for an individual to wake up one day and realize that his or her lifetime investments have completely evaporated.

It is also impossible to imagine how disappointed and frustrated these same individuals must be when a few years later they hear that the person who was convicted of fraud is allowed to apply for parole after serving only a small portion of his or her sentence. In many circumstances, the Parole Board of Canada has little choice but to authorize parole, unless there is a reason to believe the individual may commit a violent or drug-related offence once released.

This legislation would set things right and ensure that there would be justice for all Canadians who have been victims of crime. The proposed amendments abolish accelerated parole review, which currently grants offenders eligibility for day parole after serving only one-sixth of their sentences and full parole after serving one-third of their sentences.

Under the reforms that our government is proposing through Bill C-59, individuals who commit crimes such as fraud will be treated the same way as those who commit serious violent crimes. These so-called white-collar offenders would be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentences.

What is more, the test for parole will no longer be whether they are likely to commit a violent offence. Like other offenders, they will qualify for parole only if the Parole Board of Canada is convinced during a face-to-face hearing that they do not present an undue risk of committing any type of crime, including fraud.

I point out that the proposed amendments in this legislation are in line with the recommendations found in the 2007 report of the Correctional Service Canada's independent review panel. In its report, “A Roadmap to Strengthening Public Safety”, it made 109 recommendations, including that the government abolish accelerated parole review.

I would like to quote from the executive summary of that report, which states:

The Panel is of the opinion that presumptive release is a key disincentive to offender accountability and is therefore recommending that Statutory Release and Accelerated Parole Review be abolished and replaced with an earned parole system.

Our government agrees with this panel's conclusion that accelerated parole review can be counterproductive. That is why the government has introduced Bill C-59. The reforms that our government is proposing today will mean that white-collar offenders will now get the prison time that their crimes warrant.

We are taking this stand on behalf of all Canadians who want the rights of law-abiding citizens properly balanced with the rights of offenders. We are taking a stand on behalf of everyone who wants action on crime now . That is what we intend to deliver, now and in the coming weeks and months, as we continue to work to improve legislation on matters affecting the safety and security of all Canadians.

[Maria Mourani, Bloc, Ahuntsic, QC]

Thank you, Madam Speaker. If I understood the translation correctly, my NDP colleague said that justice is doing what you say you will do. Yet in September 2009 and March 2010, her party was willing to support a Bloc Québécois bill that aimed to do exactly the same thing as what Bill C-59 aims to do.

Why will they not keep their word?

[Olivia Chow, NDP, Trinity—Spadina, ON]

Madam Speaker, we are here talking about Motion No. 10, a closure motion. It is about shutting down debate. That is why I am going to speak about democracy.

If the members choose to heckle, they must be afraid of what we have to say as members of Parliament. They do not want to hear what other members of Parliament have to say in the House of Commons because they are afraid of open government, they are afraid of accountability and democracy.

For 19 days we have seen democracy in action in Egypt. People have shed their blood for democracy, for a chance to speak out, for freedom of speech. That is what this House of Commons is supposed to be all about. I am here to talk about open and accountable government but that is not possible if we do not talk about prorogation, closure and the Senate. We are talking about accountability.

What is open government? An open government is about taking in everyone's point of view, having a chance to talk about issues.

The issue before us is Bill C-59. How can we possibly talk about it within a few hours? The closure motion before of us says that we have to finish everything by the end of the day.

This reminds me of another debate, the harmonized sales tax debate. Two Christmas' ago, the Conservatives were very afraid of the public's resentment of this tax, because they had campaigned on having no tax increases. However, they decided to ram the bill through the House in one day. They introduced the bill with less than 24 hours notice and tabled the closure motion with the support of the Liberal Party of Canada. Within 24 hours that bill passed the House of Commons just before Christmas, because the Conservatives were so afraid of people saying no to the very much hated sales tax. That is precisely what is happening in this case.

Soon after introducing that bill, the Conservatives closed the door on the House of Commons because they were afraid of what members of Parliament would do. They called it prorogation. They did not do it once but twice. That was a government that said it had run on open and accountable government. However, the Conservatives were so afraid of the House that they had to prorogue Parliament: they locked out all of members from the House of Commons and we were not able to do any work.

People are afraid of democracy when there is something to hide. What is there to hide in this bill? Maybe the government wants to hide the cost, just like it has something to hide with respect to the Afghan documents. That is why the government does not want to bring forward the Afghan documents, even though the Speaker said that all of the documents should be given to members of Parliament. However, that did not happen. The Conservatives have something to hide.

The Conservatives campaigned on open and accountable government. How is the Senate accountable, especially a Senate that includes the chief fundraiser of the Conservative Party and the chair of PC Canada Fund, Mr. Gerstein? He received a good income of $341,000, including expenses, as chief fundraiser of the Conservative fund. The Quebec co-chair of the Prime Minister's leadership bid is also a senator. The Conservative Party president, Mr. Pratt, is also a senator and receives a salary of $262,000. The Conservative Party spokesperson, the famous Mike Duffy, is also very much a partisan person. These folks, these senators, use our tax dollars to do partisan work.

Madam Speaker, tell me how it is open and accountable government when we have a Senate full of people who are out there fundraising, doing partisan work, attacking members of Parliament and saying no to bills that have been collectively passed by the House of Commons? That is not democracy. That is not what Canadians want. It is not government we can trust, particularly a government that came in saying “Trust us; we are going to be open and democratic”, and yet in everything it does, including this closure motion before us on Page 41 of the order paper, it is not democratic.

We have seen a lot of examples of how democracy and the voices of the people are being completely ignored. If we look in detail at the bill before us, we notice that the Conservatives do not want us to find out how much it will cost.

Let me talk about the spending. We noticed on the prison agenda, for example, that the Minister of Public Safety announced one day that it was going to cost taxpayers close to $90 million. Then the next day he said it would cost $2 billion. That is a twentyfold increase in 24 hours.

What is the cost going to be? How much are all of these crime bills going to cost? We need to know the figures. Is that why we have a closure motion before us? Is that why they are afraid of our getting to the truth? Is it because we do not know how much it is?

The non-partisan Parliamentary Budget Officer estimated that the prison costs would be much higher. He estimated it would be $10 billion over five years for only one of the crime bills, with the costs being downloaded to the already over-burdened provincial prisons.

When we have a Conservative government that refuses to release any cost information on its crime bills and then turns around and works with the Bloc to inflict closure on the bill so that by 8 o'clock today we will have had no chance to debate Bill C-59, that is not democratic. It is certainly not an open government. It is certainly not accountable, and we certainly cannot trust this government to run the business of the country in this way.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Madam Speaker, I am pleased to be speaking about Bill C-59, and I do so with the hope of enlightening my Liberal and NDP colleagues.

In 2007, the Bloc Québécois, through its excellent justice critic, the member for Marc-Aurèle-Fortin and former Quebec attorney general, introduced a bill to abolish parole after one-sixth of a sentence. The Bloc Québécois always acts with a great deal of caution when it comes to amending the Criminal Code. We are very aware of that. However, crime is constantly evolving. There are crimes today that were practically unthinkable a decade ago. Now there are white collar criminals, whereas it used to be mostly people selling poor-quality products. Sometimes certain criminals were able to extort small amounts of money.

Over the past decade or so, globalization has resulted in an explosion of financial products on the market. Crooks, criminals, figured that there was money to be made by fooling honest people out of their hard-earned money. These criminals promise incredible interest rates and astronomical returns.

I had the opportunity to speak with a victim of white collar crime. It is not always easy to recognize this kind of criminal. Often, these criminals will do their work when it has been announced that a mutual fund or investment fund has had incredible returns.

People who have seen this kind of news on television are offered a product with similar returns by an acquaintance or a friend of a friend. The would-be victims do not say yes right away. People protect their savings; they are tight-fisted and take their time. White collar criminals take a step back and wait for more media reports about returns.

The Caisse de dépôt et placement du Québec does not make a lot of noise when it suffers a loss, but when the returns are amazing, it does not hesitate to hold press conferences. And I am not even talking about corporate and bank profits.

People pay attention to the news. These days, information travels at light speed. Something that happens on the other side of the world will be reported on our little devices. I will not name them, because I do not want to advertise them. Our little hand-held computers allow us to access information very quickly. People of all ages, people who are not necessarily financial experts, but who have worked hard for their money, can have their life savings stolen from them by crooks.

The criminals are then caught and put on trial, and this gets lots of media attention because it affects a lot of people. They do not swindle just one individual.

When people are exploited and realize that they were not the only ones, this means that whoever swindled them knew what he was doing. In order to cheat dozens if not hundreds of victims, criminals need to have a good sales pitch, and they often use the media to make their pitch.

When these criminals are sentenced, the sentence can be considered important. The problem is that since the entire parole system is based on reintegration and how violent the crimes were, our judicial system is not set up for criminals who are not physically violent. These criminals are mentally violent, but not physically. In order to steal the life savings of honest people who worked their whole lives, one would have to be very psychologically violent. This is not physical violence; it is another kind of violence.

Obviously, the entire parole system has not been able to adjust to this because the principle of social reintegration still prevails. The criminal goes to prison, behaves very well, and in any case, the system has ruined him and that is just great. Often, the criminal has declared bankruptcy. He no longer has any assets. He has nothing left. We try to find out whether he hid anything in a tax haven. When we see the agreements the Conservative government is signing with Panama, a country on the OECD's blacklist or grey list of tax havens—it does not reveal the names of people who invest there, and there is no tax agreement with Panama—these questions remain. People always want to know whether the criminal has managed to hide money away. Most of the time, when the individual leaves prison, he is ruined. He no longer has any money and he leaves with his tail between his legs to try to reintegrate into society. And he gets parole after serving one-sixth of his sentence. It is very difficult to find out that someone like Vincent Lacroix can get out after serving one-sixth of his sentence, after he has ruined lives and admitted during his trial that he spent exorbitant amounts of money at strip clubs and the like. The judicial system will adapt.

I hear the Liberals and the New Democrats getting all worked up and saying that some criminals who would have been entitled to parole will not be, but a criminal is a criminal. He receives a sentence and he has to serve that sentence. There will still be parole, but not after one-sixth of the sentence has been served. Judges will adjust the sentences accordingly.

That is why the Bloc Québécois is very reticent about minimum sentences. We want to leave sentencing up to the judiciary, to judges. A judge is a neutral and competent person who often is called on to hear a number of similar cases and is able to hand down a sentence that fits the crime. Now the judge will know that the criminal can no longer be released after serving only one-sixth of his sentence. We will see how the courts adapt.

One thing is for certain: this must stop. Parole after serving one-sixth of a sentence is no longer acceptable given the new crimes that have been committed in our society over the past 10 years. Clearly, the biggest losers will be the criminals. Are we going to cry over what happens to criminals? I have heard the Liberals and the New Democrats crying, but I will not. These criminals were sentenced and they must serve their time. That is life and, as I was saying, the judges will adjust sentences accordingly.

Once again, the Bloc Québécois is prepared to support any measures that are reasonable and acceptable to our society, and Bill C-59 falls into that category.

The types of crimes that have evolved over the past 10 years have led us to where we are today. We can no longer allow criminals who are said to be non-violent but who are extremely psychologically abusive to be released simply because they behaved well in prison. The problem is that their behaviour before they went to prison was intolerable. They must serve their sentences.

The Bloc Québécois has given the Liberals and the New Democrats the opportunity to adjust to the crimes of the 2000s since it is now 2010. Not surprisingly, they prefer to live in the past and they will have to live with that. We will support Bill C-59—

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Madam Speaker, I would not say that words fail me just because I will not be debating the bill itself. I want to debate the motion that would prevent any discussion of the substance of the bill. I find it rather odd that the Bloc supports the government's attempt to stop any possibility of debating the substance of the bill.

No one in the House can accuse the Liberals of not supporting the proposal to abolish one-sixth accelerated parole for white collar criminals. Two years ago, my colleague from Bourassa, our candidate in Saint-Bruno—Saint-Hubert, and the member for Lac-Saint-Louis participated in a press conference with a number of Earl Jones' victims to urge the government to quickly introduce a bill to eliminate eligibility for one-sixth accelerated parole for white collar criminals, especially those who commit major fraud and have many victims. No one can accuse the Liberals of not supporting this idea. I find it shameful that the government is making these types of accusations when it is fully aware of the Liberal position. That is my first point.

Second, I want to talk about the debate and the possibility that there will be closure. Barely seven months ago, the Bloc members rose in the House to criticize this government for doing what it is about to do with Bill C-59. The government had moved a motion to prevent debate. The Bloc member for Saint-Maurice—Champlain rose in the House last June to admonish the government because it moved a motion to prevent debate on the Canada-Colombia Free Trade Agreement Implementation Act. The Bloc member for Hochelaga also rose to oppose the government's time allocation motion to prevent debate on the Jobs and Economics Growth Act, Bill C-9.

We oppose this time allocation motion because we believe that this is an important matter. In addition, the Liberals have been asking the government for two years to abolish one-sixth accelerated parole for white collar criminals such as Earl Jones, Vincent Lacroix and others. I find it regrettable that the Conservatives are trying to make people believe that the Liberals do not care about the victims. That is not true.

As I mentioned, when the government introduced Bill C-21 regarding white collar criminals and it was sent to committee, I proposed an amendment to eliminate the one-sixth accelerated parole rule for white collar criminals. The Conservative and Bloc members defeated the motion.

It is a matter of responsibility. Every member has the right to speak about the bills that the government introduces in the House. This is an extremely important issue.

We would like to hear from experts. It is possible that experts will tell us that we should eliminate the possibility of parole after one-sixth of a sentence for white collar criminals who committed a crime over a certain amount or if there were multiple victims. But for white collar crime that is not fraud, we believe evidence shows that parole after one-sixth of the sentence is served is very effective and that the recidivism rate is lower. I do not know. With this motion to limit debate, we will perhaps never know before we are asked to vote on this bill.

The Liberals are against this motion to limit debate. It is not justified, and we are sorry to see that the Bloc has decided to join the Conservatives to limit debate on this bill. As for the substance of the bill, up until today, no one could accuse the Liberals of not showing their support for eliminating the one-sixth accelerated parole rule for white collar criminals.

[Dave MacKenzie, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I appreciate the chance to rise in support of the motion before us today which would help to ensure that we pass Bill C-59 into law in the most timely and expeditious way possible.

The issue of accelerated parole review has been raised and debated in this place, as well as in other venues, and in the media, for quite some time. All of us have heard about the devastating consequences that while collar crimes such as fraud can have on the lives of Canadians. All of us have heard from Canadians about the need to take action to ensure that white collar criminals are held to account for their actions and the need to stand up for the victims of their crimes. Canadians have been quite clear. They want us to take action now and they want us to take action quickly, which is what the motion today intends to do.

Just a few years ago, many people might have regarded crimes such as fraud as victimless crimes since they seem to be committed against large organizations, corporations or governments.

Today, things have changed. We are now increasingly seeing the human face of fraud. I think it is safe to say that many Canadians have been shocked and angered by the harms caused by these acts. Savings have been wiped out and lives have been ruined. For many victims, they can never be returned to the position they were in before the crime.

As we know, under the current system, white collar offenders can be released after as little as one-sixth of their sentence in prison for their crimes. Bill C-59 would give us all a chance to change this and to support Canadians who have become the victims of crime.

Helping victims of crime has always been at the heart of this government's public safety and justice agenda. Our government is committed to ensuring that their voices are heard and that their concerns are taken seriously. That is one of our highest priorities and why we have taken action on a number of fronts.

Crime places a heavy toll on individual victims, their families, communities and society at large. That is why we have taken action to ensure that the scales of justice are balanced to include victims. One way we did this was by committing $52 million over four years to enhance the federal victims strategy so that government could better meet the needs of victims.

As one of our first moves, we created the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims.

The National Office for Victims at Public Safety Canada is also working to give victims a greater voice in the corrections and conditional release process and assisting victims in getting access to the information and services that they might need.

The Policy Centre for Victim Issues at the Department of Justice is also helping the government better meet the needs of victims, for example, by giving them the resources to attend parole hearings and to seek help if they experience crime while abroad.

Our government is also going one step further in helping victims connect to the services they need with the online victim services directory, which is available on the website of the Department of Justice Canada. The directory lets victims search for appropriate agencies in their area according to the type of victimization they have experienced and the type of support they seek. Our hope is that it can help ease the burden on victims of crime who do not know where to turn or which services are available to them.

All of those measures help to bring victims front and centre in the justice system and to ensure that their voices are heard.

In addition, of course, our government has also introduced a wide range of legislation to crack down on crime, gun crimes, in particular.

As well, our government has passed legislation to help combat the complex, serious and growing problems of identity theft and identity fraud.

We have also ensured that victims have a greater say in this country's parole system by introducing legislation that, among other things, would enshrine in law a victim's right to attend and make statements at Parole Board of Canada hearings, while preventing offenders, in most cases, from withdrawing their parole applications 14 days or less before a hearing date.

Victims of crime have asked for these changes. And our government has delivered.

Bill C-59 builds on and strengthens this already impressive track record of standing up for victims.

Victims of white collar crimes, and of fraud in particular, have been dismayed, in many cases, to find out that the offenders who carry out these acts can be released so soon after they are sentenced. Unless the Parole Board of Canada has reasonable grounds to believe these offenders will commit a violent offence if released, it must automatically release them into the community under supervision. This means that in some cases a fraudster, for example, could be back on the streets early.

Such a criminal could be sentenced to 12 years, but actually released into the community on day parole in just 2 years and fully paroled in just 4 years. The status quo gives the Parole Board of Canada no discretion in dealing with these cases.

The test is whether an offender is likely to commit a violent offence. As a result, even if the Parole Board believes the offender is likely to commit another fraud, theft or drug offence, it is compelled to release him or her. This truly offends Canadians' sense of justice. It undermines their faith in our justice and corrections system. Victims and, indeed, all Canadians want to see justice carried out and sentences served. Bill C-59 would do that.

Bill C-59 would, first and foremost, do away with the current system's accelerated parole review, whereby offenders who commit non-violent crimes such as fraud can be released on day parole after serving as little as one-sixth of their sentence. Under the changes our government is proposing, offenders who commit fraud and other white collar crimes will be put on the same footing as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentences. They will have to face the full consequences of their actions.

The message that we are sending with Bill C-59 is that if people commit the crime, they will do the time. We are saying with this legislation that the needs of victims are paramount. We are saying that their interests come first. We are saying that all of us remain committed to cracking down on crime and standing up for the rights of victims. That is what Canadians want. They want us to continue standing up for victims and to ensure that their voices are heard. They want us to continue to ensure that all offenders are held to account for their actions.

Most of all, Canadians want us to work together in the spirit of co-operation to take action now to ensure the changes our government is proposing are passed into law so victims of fraud and other white collar crimes can in fact see justice done.

I therefore urge all hon. members to support the motion before us today and to work with the government to ensure Bill C-59 receives speedy passage.

Business of the House

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, I seek the unanimous consent of the House to adopt the following motion:

That, notwithstanding any Standing Order or usual practice of the House, Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

[John Baird, Conservative, Ottawa West—Nepean, ON]

Mr. Speaker, boy, have I mellowed. I would not have said such nice things about the Badger even just a few short years ago, but I have mellowed and have become so quiet and soft-spoken since I arrived on Parliament Hill.

I would like to the thank the House leader for the official opposition for his questions.

With respect to Bill S-10, it is an incredibly important piece of legislation that goes after people who traffic in drugs, sell drugs to our children and who traffic in date rape drugs, which is something that is incredibly serious in many parts of the country. We want to see that bill passed and we will move forward on a path to allow it to be passed.

With respect to the bill on human trafficking, we want to see that passed. Again, it is an important piece of legislation. We do not want to provide the Liberal Party with an early opportunity to kill that good piece of legislation. I know they are anxious to kill legislation that is tough on crime, but we are going to stay focused.

Getting back to the business of the House, we will continue today with the Bloc opposition motion.

The parties are currently negotiating a way to proceed with Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. This is a modified version of what makes up part of Bill C-39, a bill that has been at the public safety committee since October 20, 2010. This is an important piece of legislation. The thrust of it has already received agreement in principle from this House. We will be continuing the negotiations on it, or dances, depending on how one defines that, with all parties on this issue.

Given that Bill C-59 will prevent fraudsters from getting out of jail after serving only one-sixth of their sentence, I hope there is sufficient support to move on this initiative without further delay. Tomorrow, therefore, we will either debate Bill C-59 or a procedural motion relating to Bill C-59.

Following Bill C-59, the government intends on calling Bill C-42, Strengthening Aviation Security Act; Bill C-46, Canada-Panama Free Trade Act; Bill C-55, Enhanced New Veterans Charter Act; Bill C-20, An Action Plan for the National Capital Commission; Bill C-8, Canada-Jordan Free Trade Act; Bill C-57, Improving Trade Within Canada Act; Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act; and Bill C-12, Democratic Representation Act.

I could come back with more if we could get all of these bills passed on Monday.

That is the agenda for next week.