Bill C-27 (Historical)

An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace)

This enactment amends the dangerous offender and long-term offender provisions of the Criminal Code
(a) to require the prosecutor to advise the court whether the prosecutor intends to proceed with an application for an assessment under those provisions when the prosecutor is of the opinion that the offence for which the offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions;
(b) to remove the court’s discretion to refuse to order an assessment when it is of the opinion that there are reasonable grounds to believe that the offender might be found to be a dangerous offender or a long-term offender;
(c) to provide that, if the court is satisfied, in a hearing for a dangerous offender designation, that the offence for which the offender has been convicted is a primary designated offence for which it would be appropriate to impose a sentence of imprisonment of two years or more and that the offender was convicted previously at least twice of a primary designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the conditions to make the designation are presumed to have been met unless the contrary is proved on a balance of probabilities; and
(d) to clarify that, even when the conditions to make a dangerous offender designation have been met, the court must consider whether a lesser sentence, including a long-term offender designation, would adequately protect the public and that neither the prosecutor nor the offender has the onus of proof in the matter.
The enactment also amends sections 810.1 and 810.2 of the Criminal Code
(a) to allow the duration of a recognizance to be for a period of up to two years if the court is satisfied that the defendant was convicted previously of an offence of a sexual nature against a child or a serious personal injury offence; and
(b) to clarify that the scope of conditions available for recognizances is broad and that those conditions may include electronic monitoring, treatment and a requirement to report to a designated authority.

Criminal Code

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Mr. Speaker, residents of Surrey are dismayed by the arrival of Paul Callow, the balcony rapist, in our community. Citizens are left with no choice but to accept into their midst a serial rapist deemed too dangerous for Ontario.

Last night, more than 1,000 people rallied at a local gym to express their outrage and seek answers from elected officials. People are scared. Even though the National Parole Board deemed Callow a high risk of reoffending, Canada's present laws left the government powerless to keep Callow behind bars.

Canada's new government is committed to making our streets safer by getting tough on criminals. That is why we introduced Bill C-27, which seeks to fix the dangerous offender process. Our amendments would place greater constraints on repeat offenders like Callow and help to ensure dangerous offenders who are not rehabilitated are kept behind bars indefinitely.

We must put aside our partisan differences and pass Bill C-27.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, with regard to the last point, we have already addressed that.

However, with regard to the balance of Thursday's statement, I am pleased to respond that today and tomorrow we will continue with Bill C-55, the expanded voting opportunities bill; Bill C-14, the adoption bill; Bill C-57, An Act to amend the Immigration and Refugee Protection Act; and Bill C-45, the fisheries act.

In the last Thursday statement, we indicated that we were hoping to have this week as “enhancing the quality of the life of first nations people week” but this was cancelled by the opposition parties when they did not release Bill C-44 from committee, the bill that would give the first nations protection under the Canadian Human Rights Act. Not only is it being held up now but, as early as this morning in this House, the opposition obstructed our efforts to get the bill dealt with forthwith so that first nations people could have the human rights that every other Canadian enjoys. We know that if all parties would agree to proceed with that, as we saw when we sought unanimous consent, it could proceed, but some would prefer to obstruct it.

Next week will be welcome back from committee week, when we welcome business that has been at committee, including some that has been stalled there for some time. We will deal with Bill C-52, the budget implementation bill, which will begin report stage on Monday and, hopefully, we can get third reading wrapped up by Tuesday.

Following the budget bill, we will call for report stage and third reading of Bill C-35, bail reform. After that, we will call Bill C-23, the Criminal Code amendments. I hardly remember when Bill C-23 was sent to the committee by this House. That took place long before I was even House leader 228 days ago.

Thursday, June 7, shall be the last allotted day. There are a number of other bills that we would like to include in our welcome back from committee week. I still hope we can see Bill C-44, the amendments to the Canadian Human Rights Act, to which I just referred; Bill C-6, the amendments to the Aeronautics Act; Bill C-27 dealing with dangerous offenders; Bill C-32 dealing with impaired driving; and Bill C-33 dealing with foreign investment, if the opposition parties will release those from committee.

[Peter Van Loan, Conservative, York—Simcoe, ON]

I would not do that.

Tomorrow is an allotted day.

Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.

For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.

As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.

Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.

In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.

Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.

Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.

Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.

During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.

We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.

Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.

Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.

Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.

We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.

Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.

Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.

Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.

In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.

After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.

I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.

Criminal Code

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

moved that Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, be read the third time and passed.

Mr. Speaker, I am pleased to rise today to lead off the third reading debate on Bill C-10.

During the last federal election, the Conservative Party of Canada laid out clear plans to make our streets and communities safer for Canadians. We promised to target criminal enterprise and the gangs that profit from violence, drugs and fear and undermine people's sense of personal security and their confidence in the Canadian criminal justice system.

Canadians listened to our message of hope and responded by granting us the privilege of forming the government, so today I am very proud to stand in the House as Minister of Justice to follow through on our promises to deliver on our core promises to tackle crime.

In order to make our communities safer, we introduced several criminal justice bills aimed at getting violent, dangerous criminals off our streets.

We introduced Bill C-22, the age of protection bill, to protect 14 year olds and 15 year olds from adult sexual predators.

We introduced Bill C-27 to improve the process for keeping violent and repeat offenders in prison, and Bill C-9, which aims to put an end to house arrest for serious and violent offenders and which, I am pleased to say, has passed this House.

These are just a few of our recent initiatives.

Bill C-10, the bill that we have before us at third reading, is an important piece of legislation that specifically targets gun and gang violence.

I am very pleased that we have received the support of a majority of members of the House to restore the bill, and while the bill we debate today is amended somewhat from its original form, it still contains tough mandatory minimum penalties for serious offences involving firearms.

More specifically, Bill C-10, as amended, proposes escalating penalties of five years' imprisonment on a first offence and seven years on a second or subsequent offence for eight specific serious offences involving the actual use of firearms. Those offences are: attempted murder, discharging a firearm with intent to injure a person or prevent arrest, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, and extortion.

I should point out that these tough penalties will apply when the offence is committed in connection with a criminal gang or if a restricted or prohibited firearm is used.

Who can be against that? Who can be against those provisions? This is what we talked about with the Canadian public in the last election and I believe there is widespread support for a bill of this nature.

Bill C-10 defines what will constitute a prior conviction with respect to these use offences, that is, the use of firearms. This means that any prior conviction in the last 10 years, excluding the time spent in custody, for using a firearm in the commission of an offence will count as a prior conviction and will trigger the enhanced mandatory penalty for repeat offences.

Also, I should point out that Bill C-10 now proposes penalties of three years on a first offence and five years on a second or subsequent offence for four serious offences that do not involve the actual use of a firearm. Those offences are: illegal possession of a restricted or prohibited firearm with ammunition, firearm trafficking, possession for the purpose of firearm trafficking, and firearm smuggling.

For the non-use offences it is important to note that the prior convictions for both the use offences and the non-use offences will trigger the higher mandatory minimum penalties applicable in repeat offences.

The bill, as amended, also creates two new offences dealing specifically with the theft of firearms. Breaking and entering to steal a firearm and robbery to steal a firearm now are made indictable-only offences, subject to life imprisonment.

Therefore, as we can see, this bill targets serious gun crimes with a particular focus on when such crimes are committed by criminal organizations, which of course includes gangs.

It sends a very clear message to the public that this Conservative government is serious about dealing with this type of crime. I am very pleased and proud that we are introducing this piece of legislation and seeing it through to its conclusion.

I should point out the manner in which Bill C-10 was amended at report stage is an example of this government's willingness to make this minority Parliament work. Together with members of the New Democratic Party we dealt with a problem and we found a solution that responded to our respective concerns and priorities. I am pleased that we had their support and that of several other hon. members of this House.

I saw, I believe, about five members of the Liberal Party who broke ranks with their own party. I want to tell the House how much I welcomed that and certainly appreciated their support. I think they received the message on this. I am very pleased to have that support at third reading. I would welcome more support from other members of the opposition.

I should point out that Bill C-10 has the support of other important stakeholders as well. Police officers and prosecutors are supportive of this government's attempt to pass this tough on crime legislation. They have said that tougher mandatory penalties are needed to target the specific new trend that has emerged in many Canadian communities, and that is the possession and use of firearms, usually handguns, by street gangs and drug traffickers.

In that regard, I point out the support that this approach received from the attorney general of Ontario. He pointed out in a Globe and Mail article on March 6 that he liked this approach of getting tougher. He called on his federal colleagues in the Liberal Party to get behind legislation of this type because he believed this was the way to go.

Mr. Speaker, the safety and security of Canadians are not partisan matters. If we want to see progress in tackling gun crime, we will all have to do our part.

Police officers have to do their part in investigating and apprehending those who commit crimes. Crown attorneys have to do their part in ensuring that accused persons are effectively prosecuted, and of course, judges have their part to do in imposing sentences.

As parliamentarians we have a strong role to play as well. We set the laws. We signal to the courts what we consider to be appropriate penalties for specific crimes.

There are a number of opposition members who say they cannot support Bill C-10, but many of these same members have already supported mandatory penalties in the past, and particularly for firearms offences. In fact, it was the Liberal government that introduced a number of mandatory penalties in the mid-nineties and proposed a very modest increase to some of the gun-related crimes in the last Parliament.

This government does not believe a one year increase is going to make enough of a difference. We want to send a clearer message. We need to ensure that the appropriate stiff penalties are imposed on gun traffickers and gang members who use guns in such serious offences as attempted murder, hostage taking, robbery and extortion.

We believe that the proposals in Bill C-10, as amended, are both tough and reasonable. As I have already indicated, the proposals are restricted to the key areas that are a growing concern to people across this country.

There certainly is evidence to support the problems associated with the current level of gun crime. Crime statistics, police, and several other experts in this area, point to a growing problem with respect to guns and gangs. While the national trends show an overall decrease in some crime over the past few decades, it is not the case with violent crimes such as homicide, attempted murder, assault with weapons, and robbery, especially in larger urban areas across the country.

Statistics also show that while crimes committed with non-restricted guns are down, handguns and other restricted or prohibited firearms have become the weapon of choice for those who use firearms to commit crimes.

Toronto's rate of firearm homicides in recent years has frequently been reported by the press. Statistics Canada data shows that it is not just a problem unique to central Canada. The rate in Edmonton has also recently increased and Vancouver has consistently had higher rates over the last decade.

Gang-related homicides and the proportion of handguns used in violent crimes have become a major cause for concern and gun crime with restricted weapons or guns used by gang member is an increasing problem in urban communities.

Organized criminals are fuelling much of the crime problem and the government's justice agenda aims to curtail this problem by increasing the mandatory minimum penalties for crimes committed with guns, ending house arrest for those convicted of serious violent crimes and sexual offences, and other significant crime, such as major drug offences.

As I mentioned earlier, Bill C-10 includes a number of sentences for both use and non-use firearms offences with the stiffest penalties. The bill targets serious gun crimes committed by gangs or organized crime and the prohibitive weapons that they use.

In addition to this legislation, the federal government of course has a role to play in making funds available to help prevent crime before it happens. I am happy that the government has made investments in crime prevention and specifically to help at risk youth from becoming involved in criminal gangs, guns and drugs.

Funding is available to allow communities to examine issues surrounding gang involvement, create awareness of youth gang recruitment, prevention and intervention strategies, identify service gaps and best practices, and develop program responses.

Several activities have already started to fulfill the government's commitment to work with the provinces and territories to help communities provide hope and opportunity for our youth and end the cycle of violence that can lead to broken communities and broken lives.

I would like to speak for a moment on how the bill is consistent with the sentencing principles provided in the Criminal Code and charter rights. The Criminal Code provides that it is a fundamental principle of the Canadian sentencing regime that a sentence should be proportionate to the gravity of the offence and the degree of responsibility of the offender.

It also provides that the purpose of sentencing is to impose sanctions on offenders that are just, in order to contribute respect for the law and the maintenance of a just, peaceful and safe society.

Accordingly, the objectives in sentencing are to denounce unlawful contact, deter the offender and others from committing offences, and separate offenders from society where necessary, as well as assist them in rehabilitating and accepting responsibility for their actions while repairing the harm they have caused to victims and their community.

The manner in which the higher mandatory penalties will apply under Bill C-10 is intended to ensure that they do not result in disproportionate sentences contrary to the charter. The higher levels of seven years for using a firearm and five years for non-use offences are reserved for repeat firearms offenders.

If an offender has a relevant recent history of committing firearms offences, it is not unreasonable to ensure that the specific sentencing goals of deterrence, denunciation and separation of serious offenders from society are given priority by the sentencing court.

The government considers that the mandatory penalties proposed in Bill C-10 are not only just but are also appropriately targeted at the specific problem which they seek to address; that is the new trend that has developed with respect to guns and gangs.

At the beginning of my remarks I mentioned that the government is determined to make Canadian streets safer, communities safer and to stand up for victims. The good news on this front is that we are only just getting started.

[The Chair, Liberal, Bernard Patry]

Yes. We're not changing the room tomorrow. We'll have witnesses tomorrow.

When we come back on Tuesday, we'll go to clause-by-clause for Bill C-35 You'll also receive notice that the minister will appear on June 5 for Bill C-27.

Justice

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I thank the hon. member for his continuous efforts to fight crime in this country.

As Attorney General, I do not comment specifically on a case, but I want the House to know that this government is absolutely committed to the best interests and protection of children. That is why we introduced Bill C-22, the age of protection legislation, to protect 14 and 15 year olds from sexual predators. That is why we have introduced Bill C-27, to improve the process by which violent and repeat offenders will be kept in prison. That is why we introduced Bill C-9, to ensure that violent and serious offenders do not get house arrest.

We are absolutely committed to the best interests of children, victims, reducing crime in this country and—

[The Chair, Liberal, Bernard Patry]

Does everyone agree with the comments from Ms. Jennings that we are going to start Bill C-27 after we finish Bill C-35, and that we feel we're going to finish by Tuesday, May 29, and on May 30 there will be no committee because justice has a meeting on Wednesday afternoon on May 30?

Yes, Mr. Moore.

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

If i understand correctly, Mr. Ménard is moving that our committee not start its meetings on Bill C-27 until the legislative committee on Bill C-35 has completed its proceedings. As we have decided to meet normally on Tuesdays and Wednesday afternoons, theoretically, the first committee meeting would be held on June 5, at 3:30 p.m. There would also be another meeting on Wednesday, June 6, at 3:30 p.m.

[The Chair, Liberal, Bernard Patry]

Okay. The clerk asked me if the standing committee could meet for half an hour to discuss all the witnesses, but I'm not sure it's necessary. You could all send the lists of witnesses all parties want to appear in front of us for Bill C-27. I'll have no problem with this; everyone is here today. It's up to every party to send a list, and we're going to choose from the lists at that time. Sometimes the same witness could appear. You'll remember that this is what happened on Bill C-35.

Go ahead, Madame Jennings.

[Réal Ménard, Bloc, Hochelaga, QC]

I imagine the government didn't think we'd finish with Bill C-27 before the summer recess. I officially move that we meet in the same time slot once the study of Bill C-35 is completed.

[Réal Ménard, Bloc, Hochelaga, QC]

I'm pleased you said that because it seems to me we should try as far as possible to start our proceedings on this bill once we've completed the study of Bill C-35. We were a bit scared. On the opposition side, they're the same people, with a few exceptions. As for the rest, we have three committees that are sitting twice a week. That's starting to be a lot.

Do we agree on how things will operate? We can keep the same slot, Tuesday and Wednesday afternoons, following question period. We would start consideration of Bill C-27 once Bill C-35 is complete. Are you telling us we're going to the end of May?

[The Chair, Liberal, Bernard Patry]

The meetings are scheduled right now. Next week they will be Tuesday, May 15, and Wednesday, May 16. We're finishing Bill C-35, and on Tuesday, May 29, we'll be doing clause-by-clause consideration of Bill C-35. If everything is fine, on Wednesday, May 30, we could have the Minister of Justice for Bill C-27, if we want to keep the same schedule—

The clerk tells me that on May 30, the Minister of Justice is in front of the justice committee.

Go ahead, Monsieur Ménard.

[The Chair, Liberal, Bernard Patry]

Thank you.

We will vote on all these routine motions, including item 10 as amended by Madame Jennings.

(Motions 1 to 9 inclusive agreed to)

(Motion 10 as amended agreed to)

(Motion 11 agreed to)

We will continue.

You've all received the documents sent by the clerk?

At the first meeting, we'll hear the first witness on Bill C-27, the Minister of Justice.

Mr. Moore, does anyone have comments? Will the first witness be the Minister of Justice?

[The Chair, Liberal, Bernard Patry]

Good afternoon, everyone.

I am very sorry to be late. I am not usually late, but there can be a problem when you have another committee, such as the Standing Committee on Foreign Affairs.

Pursuant to Standing Order 113(3), this meeting is for the organization of Bill C-27. You have the orders of the day and the appointment letter of the chair by the Speaker of the House. The letter reads:

Pursuant to Standing Order 113, I'm pleased to confirm your appointment as Chair of the Legislative Committee on Bill C-27, an Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace).

It's signed by Mr. Milliken.

You've all received the routine motions. They are the same routine motions that we passed for Bill C-25. Do you want me to read all the motions?

Criminal Code

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I appreciate the member's support for the bill because we came to this place to announce our support for the bill and to indicate very clearly that there were two areas of concern where amendments should be appropriately considered in the Standing Committee on Justice and Human Rights before the bill passes.

I hope the member will follow through and give due support to very sound amendments to Bill C-27.