Bill C-48

An Act to amend the Criminal Code (bail reform)

This enactment amends the Criminal Code to, among other things,
(a) create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus provisions;
(c) expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
(d) require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.
This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

Department of Justice—Main Estimates, 2024-25

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I would be very open to looking at what is transpiring in California. Centring victims at the heart of our criminal justice strategy is important, and we have been attempting to do that with respect to victims of hatred, through the online hate bill; victims of child sex predation, through Bill C-63; victims of intimate partner violence, through our changes to the bail regime, not once but twice, through Bill C-48 and Bill C-75; and fundamentally, victims of gun violence in this country, through bills like Bill C-21, which would put a freeze on handgun sales and ensure tougher penalties with respect to things like gun trafficking. These are important provisions, but I am definitely willing to entertain suggestions about what California is doing and look at whether the model could be brought over.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, let me just outline the tremendous courage, bravery and service of people like Constable Pierzchala and Constable Yang. We are in debt, as always, to men and women in uniform who serve in this country. With respect to Constable Pierzchala, his murder started a very important conversation over a year ago about bail reform, which we responded to with pace, in conjunction with law enforcement and with provincial and territorial governments around the country. That produced Bill C-48, which we passed in a short amount of time, ensuring that we changed bail laws in this country.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, again, for his edification, I would point the member toward Bill C-48, which may have been passed before he arrived. It talked about serious, violent, repeat offenders being subjected to a reverse onus, so instead of being presumed to receive bail, they are presumed not to receive bail and have to convince a justice of the peace otherwise.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, our commitment to victims, including victims of intimate partner violence, is steadfast, and that is witnessed through our reforms in Bill C-48 and Bill C-75, which dealt with the reverse onus on bail for people who are victims of intimate partner violence. That is demonstrating our commitment to victims, and we will continue to do so.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, on bail reform, we passed Bill C-48 with the co-operation of that member opposite.

I would hope that with future Criminal Code reform, which would help keep Canadians safe, he would offer the same level of co-operation.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, bail reform is critical, and that is why we passed Bill C-48. That is why we are always looking to protect Canadians from serious violent repeat offenders.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, there were a number of points in there, and I will respond to all of them.

The first point would be that in respect of Canadians' safety, what I would put to him is that Bill C-21, which he voted against, also dealt with intimate partner violence and things like red flag laws. Those have now become law, no thanks to him and his party and their voting pattern. The red flag laws actually allow the police to intercept firearms from the home of someone who is deemed to be a threat to their partner or to other individuals. That is called keeping Canadians safe, so I reject outright the premise of his earlier question.

With respect to bail, he will be aware that bail is a determination that is made by actors in our justice system, including justices of the peace. We have taken steps to strengthen the bail system to keep Canadians safe. On that piece, I will credit the member. He did vote in favour of Bill C-48, which deals with serious violent repeat offenders, on whom there is now a reverse onus for procuring bail. That is a step in the right direction in keeping Canadians safe.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Thank you, Mr. Garrison, for your leadership on the first part of what you talked about and the courage that you continue to show as a parliamentarian, and also for your leadership and that of Laurel Collins on coercive control.

In terms of supporting victims, we are constantly and actively thinking about how to better support victims, including victims of intimate partner violence. Please take a cue from what we did in Bill C-75 and in Bill C-48 with respect to the reverse onus on bail for survivors of intimate partner violence. Issues about support and funding are always on the table.

Also, please understand that when you talk about a 24-hour takedown of things like revenge porn, you're dealing with an aspect of coercive control that exists right now. That's in Bill C-63.

You also mentioned, in your opening, hearing from voices. I think two of the most salient voices that I heard from were the two that were at the press conference with me: Jane, the mother of a child who has been sexually abused and repeatedly exploited online, and Carla Beauvais, a woman who has been intimidated and has retreated from participating in the public space.

I would also suggest taking your cues from the groups that were also there beside me. The National Council of Canadian Muslims and the Centre for Israel and Jewish Affairs have, in the last six months, not seen eye to eye on a lot of issues. On this bill, they do see eye to eye. They both support this, as do the special envoys on anti-Semitism and Islamophobia. Those are important voices to be hearing from, and that's what I will continue to do.

[Commr Thomas Carrique]

Thank you for your question.

Certainly the prevalence of auto theft and of repeat violent offenders not being incarcerated is creating a danger for my officers and for officers right across this country. There are great improvements with Bill C-48, and there's the five-year period to evaluate it. We're looking forward to seeing what improvements come as a result of that.

However, there's absolutely more we can do, as I've highlighted in my recommendations.

Justice

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I appreciate the question.

Domestic violence and intimate partner violence is a top priority on this side of the House. We addressed this issue twice, in Bill C‑75 and in Bill C‑48 with respect to bail conditions for persons charged with or involved in this type of crime.

We will always fight domestic violence and protect women and men across Canada.

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I appreciate the question from my colleague across the way.

I want all Canadians watching us right now to know that crime in our communities is a priority for every parliamentarian in the House.

That being said, with Bill C‑48, which was just enacted two months ago and deals with bail, we focused specifically on the most violent offenders who used a firearm in the commission of their crime. We are aiming for a situation where these individuals will stay in prison.

Opposition Motion—Auto Theft

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, it is great to rise in this House after question period and see so many of my colleagues.

I would like to start my remarks by acknowledging the vote that just took place in the House of Commons in support of our friends and allies in Ukraine, the Ukrainian people and the Ukrainian government. I am very proud to have voted yes on the free trade agreement. We should all be proud, as members of Parliament who voted yes and supported it. We will continue to support the brave men and women fighting against the unjustified, tyrannical Russian government that invaded Ukraine. We will continue to be there, much as the European Union was there for them this week in its €54-billion aid package. We will continue to stand shoulder to shoulder with Ukrainian people in Ukraine and the over 1.5 million Ukrainian Canadians who call Canada home. God bless them all.

I take the floor to discuss the important issue of auto theft, something the Government of Canada is deeply concerned about. Our government is addressing the issue, with over $120 million in additional funding announced last week in the region of York; it is cracking down on repeat violent offenders through Bill C-48 and attacking organized crime through anti-money-laundering measures.

In addition, the government is playing a key role—

Public Safety

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, over the past several weeks, my colleague and I have had many productive conversations with Brampton residents about the importance of keeping our community safe. This is why this government responded to the request from law enforcement agencies and municipalities to organize a summit on combatting auto theft on February 8, to define real actions and implement impactful solutions with partners in policing, government and industry across Ontario.

This week, the Minister of Public Safety made a federal investment of $121 million to help prevent gang violence and auto theft in Ontario. This is yet another step to continue supporting law enforcement agencies on the ground, resulting in criminals behind bars and more successful operations. We are also strengthening Canada's Criminal Code, keeping repeat violent offenders in prison with Bill C-48 and supporting the—

[Rob Moore, Conservative, Fundy Royal, NB]

If I could just finish quickly, that just raised another question.

There has been much discussion around the standard around bail. Bill C-48 amends the bail provisions for certain offences. Bill C-75 brought in a presumption that involved individuals receiving bail, which many would argue shouldn't be there.

Is the test, then, identical to that for bail?

What do we make of moving this decision to the appellate court, which is removed from the facts of the case that would have been dealt with at trial? It's a level removed from that. What was the counter-argument, I guess, to just leaving it at the trial level?

Justice

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I want to thank the member for Alfred-Pellan for his question and his dedication.

As a minister, a father and a Canadian, community safety is one of my top priorities. Bill C-48 has now received royal assent. This bail reform bill will keep repeat violent offenders off our streets. Our government will continue to fight crime and its root causes to keep communities safe.

All of Canada's premiers, police forces and municipalities called for action, and we acted.