Vol. 145, No. 8 — April 13, 2011
Registration
SOR/2011-30 April 13, 2011
ABOLITION OF EARLY PAROLE ACT
ARCHIVED — Order Fixing March 28, 2011 as the Day on which the Abolition of Early Parole Act (Bill C-59) Comes into Force
P.C. 2011-540 March 25, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 16 of the Abolition of Early Parole Act, chapter 11 of the Statutes of Canada, 2011, hereby fixes March 28, 2011 as the day on which that Act comes into force, other than sections 14 and 15, which came into force on assent.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Coming into force of Bill C-59, Abolition of Early Parole Act.
Purpose
To seek the approval of the Governor in Council to fix March 28, 2011, as the coming into force date of the Abolition of Early Parole Act (Bill C-59).
Background
In 1992, the Corrections and Conditional Release Act (CCRA) introduced provisions for Accelerated Parole Review (APR) for full parole. APR requires that the Parole Board of Canada (PBC) direct the release of first-time, non-violent, federal offenders on day parole at 1/6 of sentence (or six months served, if longer) and on full parole at 1/3 of sentence, unless they pose a risk of violent reoffending while on release. In 1997, legislative amendments extended APR to include day parole as well.
Bill C-59, the Abolition of Early Parole Act, was introduced in the House of Commons on February 9, 2011. The Abolition of Early Parole Act, Bill C-59 (the Act), was assented to on March 23, 2011. The Act amends the Corrections and Conditional Release Act (CCRA) and makes consequential amendments to other Acts. The amendments to the CCRA will repeal the sections of the CCRA that provide for APR for day and full parole.
Financial implications
The financial implications of Bill C-59 are as follows:
Correctional Service of Canada
|
($ Millions) |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
5 total |
Ongoing |
|---|---|---|---|---|---|---|---|
|
Maximum |
$ 0.9 |
$ 0.9 |
$ 0.9 |
$ 0.9 |
$ 0.9 |
$ 4.5 |
$ 0.9 |
|
Medium |
$ 17.4 |
$ 17.4 |
$ 17.4 |
$ 17.4 |
$ 17.4 |
$ 87.0 |
$ 17.4 |
|
Minimum |
$ 23.6 |
$ 23.6 |
$ 23.6 |
$ 23.6 |
$ 23.6 |
$ 118.0 |
$ 23.6 |
|
Women |
$ 11.3 |
$ 11.3 |
$ 11.3 |
$ 11.3 |
$ 11.3 |
$ 56.5 |
$ 11.3 |
|
CSC Operating |
$ 53.2 |
$ 53.2 |
$ 53.2 |
$ 53.2 |
$ 53.2 |
$ 266.0 |
$ 53.2 |
|
CSC Capital |
$ - |
$ 6.7 |
$ 33.4 |
$ 35.0 |
$ 10.5 |
$ 85.6 |
$ - |
|
Total CSC |
$ 53.2 |
$ 59.9 |
$ 86.6 |
$ 88.2 |
$ 63.7 |
$ 351.6 |
$ 53.2 |
Parole Board of Canada
| Year |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Year 5 & Ongoing |
|---|---|---|---|---|---|
|
Salaries |
$3.1M |
$8.9M |
$7.9M |
$6.8M |
$7.2M |
|
Operations & Maintenance |
$1.5M |
$5.4M |
$3.7M |
$3.1M |
$3.2M |
|
EBP 20% |
$0.6M |
$1.8M |
$1.6M |
$1.3M |
$1.4M |
|
PWGSC 13% |
$0.4M |
$1.2M |
$1.0M |
$0.9M |
$0.9M |
|
Total |
$5.6M |
$17.3M |
$14.2M |
$12.1M |
$12.7M |
*Note:
EBP — Employee Benefits Plan
PWGSC — Public Works and Government Services Canada
Federal-provincial implications
Accelerated Parole Review is a process that applies to offenders serving federal sentences (i.e. over two years). Therefore, there are no implications for the provinces and territories.
Consultations
At the House of Commons Standing Committee on Public Safety and National Security, the Canadian Association of Elizabeth Fry Societies (CAEFS) indicated that the organization did not support Bill C-59 and that it could have a disproportionate impact on women. The John Howard Society (JHS) also indicated that the organization did not support the Bill, indicating that the protection of society is best served through a period of supervised reintegration. The Church Council on Justice and Corrections (CCJC) expressed concerns about the impact of the Bill, placing people in prison for longer periods of time and the implications of that, both the financial and social costs, and that this does not meet the needs of victims. CAEFS, JHS and the CCJC made similar comments at the Senate Standing Committee on Legal and Constitutional Affairs meeting.
At the House committee meeting, the Office of the Correctional Investigator (OCI) commented that Bill C-59 would lead to an increase in the incarcerated offender population, which would affect the safety and security of institutions and the ability of individuals to receive programs and services. In addition, the OCI echoed the comments made by CAEFS regarding the disproportionate impact of the Bill on women. As well, the OCI highlighted the rates of successful completion of APR parole releases. Similar comments were made at the Senate committee meeting.
At the House committee meeting, the Association des avocats et avocates en droit carcéral du Québec raised concerns related to the application of the abolition of APR. Similar comments were made at the Senate committee meeting.
Bill C-59 was supported by victim advocates who appeared before the House of Commons and Senate committees to give testimony on this legislation in 2011.
At the Senate committee meeting, the Canadian Bar Association (CBA) noted that the longer offenders are incarcerated, the worse they get. As well, the Act will increase overcrowding and it will be more difficult to prevent recidivism.
At the Senate committee meeting, one academic expressed support for the Bill, while others noted that the resources could be directed towards prevention and treatment programs and that the principles of the CCRA outline that the least restrictive measures should be used consistent with protection of the public. The rates of completions for APR were highlighted as a success and one academic suggested that offenders convicted of fraud could be prevented from accessing APR with an amendment to the current scheme.
Departmental contact
For more information, please contact
Ms. Mary Campbell
Director General
Corrections and Criminal Justice Directorate
Public Safety Canada
Telephone: 613-991-2592