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.

Business of the House

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

Mr. Speaker, today we will continue debate on an opposition motion.

On Friday, we will resume debate at second reading of Bill C-43, the senate consultations bill. That is the bill to strengthen accountability and democracy by giving Canadians a say on who they want representing them in the Senate.

Next week we will focus on making our streets and communities safer by cracking down on crime. It will actually kick off tonight with the Prime Minister's address to the annual police appreciation night in York region where I live. Getting tough on criminals is the best way parliamentarians can show our appreciation for those brave men and women who put their lives in danger every day while protecting and serving their communities.

Our plan for next week's focus in cracking down on crime will begin with Bill C-48, the bill dealing with the United Nations Convention Against Corruption. There will hopefully be an agreement to pass that bill at all stages.

Following Bill C-48, we will consider Bill C-10. That is the bill to introduce mandatory minimum penalties for gun and violent crimes. Our government will be proposing amendments at report stage to restore the meaningful aspects of the bill to ensure that violent criminals actually serve time in jail, all of which was gutted by the Liberals in committee.

Bill C-22, the age of protection bill, was reported back from committee and will be considered at report stage and third reading.

Following Bill C-22, we will move on to Bill C-27, the dangerous offenders legislation, which would require criminals who are convicted, for example on three separate occasions of a violent sexual assault, to prove to the court why they would not a danger to the community.

Tuesday, May 1 shall be an allotted day.

If time permits, we will seek to call Bill C-52, the budget implementation bill.

With regard to the question on the environment, our government is taking action on the environment. Later today he can look forward to seeing a cornerstone step in taking action to reduce greenhouse gases with the environment minister's announcement, action that has never been taken by another government and more action than any government in the world is taking.

Public Safety

[Jean-Pierre Blackburn, Conservative, Minister of Labour and Minister of the Economic Development Agency of Canada for the Regions of Quebec]

Mr. Speaker, obviously this is an important question. Canadians across the country have asked us to take concrete measures against crime and that is what we have done.

Among other things, our government introduced legislation that will ensure heavier consequences on dangerous and high risk offenders at the time they are sentenced.

If Bill C-27 were currently in effect, a person found guilty would see their peace bond extended from 12 months to 24 months. They would have much harsher restrictions and conditions in terms of supervision, and they would be required to get treatment. But for that, we need support from the parties—

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

Thank you very much, Mr. Chairman.

I'm pleased to be back in front of you.

I'm pleased to see Mr. Rick Dykstra, one of my colleagues from the Niagara Peninsula and now a member of this committee. It's nice to see him here. I know of his dedication to justice issues, and I appreciate that.

Mr. Chairman, I've learned over the years that any time you get up to speak, if you're going to start recognizing people in a crowd, then you should have the names written down in advance so that you don't miss anyone. I missed someone yesterday. I was at the National Victims of Crime Awareness Week symposium in Ottawa, and when I got up to introduce the first federal ombudsman for victims of crime, I recognized my colleagues Stockwell Day, Dean Allison, and Laurie Hawn. I didn't see Ms. Jennings in the audience, and I apologize to her for that.

I actually noticed you, Ms. Jennings, as I was walking off the podium, when I saw you in the second or third row. That's not something I would do; I would certainly acknowledge all my colleagues in the House of Commons. In future, I'll revert to my usual procedure, which is to write down the names of the people I'm going to acknowledge—or not do it at all.

In any case, I'm glad to see you here, and I'm glad you were at the meeting yesterday.

It is a pleasure for me to meet with the members of the Standing Committee on Justice and Human Rights to discuss the main estimates for the Department of Justice.

And I'm pleased to have my colleagues joining me here today—and you have introduced them, Mr. Chairman.

You would know, Mr. Chairman, as well that not only am I Minister of Justice and Attorney General, but my portfolio also includes the Canadian Human Rights Commission and the Supreme Court of Canada.

The Minister of Justice, of course, is also responsible for the Office of the Director of Public Prosecutions, created last December by the Federal Accountability Act to enshrine in legislation the notion of prosecutorial independence.

I'll speak more about that in a moment, but first of all, I want to say that the work of the Department of Justice focuses on ensuring that Canada is a just and law-abiding society, with an accessible, efficient, and fair system of justice, providing high-quality legal services and counsel to the government and to client departments and agencies, and promoting respect for the rule of law.

Within this broad context, the department has a specific priority to develop legislation and policy that address crime more effectively and increase the confidence of Canadians in the judicial system. Ultimately this will promote safer communities for all Canadians and have a very real impact on their lives.

Mr. Chairman, I am pleased with the progress that our government has made on the priorities of Canadians, particularly in the realm of tackling crime. My predecessor, Minister Toews, was placed in charge of an ambitious legislative agenda. I have now taken on the challenge of that agenda and will continue to work diligently to guide the legislation through the House and of course will work with this committee.

One overarching priority has guided our government's work over the past 14 months, and that is safer communities for all Canadians. Part of that priority is tackling crime. From the beginning of our mandate, we have been committed to stronger laws that deal with gangs, guns, and drugs; ensuring serious consequences for serious crimes; and ensuring that our communities are safe from crime. That commitment has not wavered.

We also believe that Canada's justice system must adapt to the needs of the 21st century so that it can remain in step with changes in technology and an increasingly sophisticated population. In these endeavours, I've been working closely with my colleague, the Minister of Public Safety, Stockwell Day, to deliver on that promise to tackle crime.

We have introduced legislation on a number of fronts. For example, Bill C-35 proposes to shift the onus to the person accused of serious gun crimes to explain why they should not be denied bail. And Bill C-18 intends to strengthen our national DNA data bank and help our police forces identify the guilty and exonerate the innocent.

I am pleased to say that with the support of all parties in the House we brought into force Bill Bill C-19, which creates new offences that target street racing specifically. These new offences recognize street racing for what it is, a reckless and dangerous act that too often kills. With our new legislation, people who treat our public streets as race tracks will be dealt with more seriously.

We also passed legislation, introduced by my colleague, the Minister of Finance, the Honourable Jim Flaherty, to strengthen the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. These changes will help ensure that Canada continues to be a global leader in combatting organized crime and terrorist financing.

We are also committed to better meet the needs of victims of crime in areas where the federal government is responsible. Our government has listened and responded to victims of crime, giving them the respect they deserve. We have established the Office of the Federal Ombudsman for Victims of Crime. Just yesterday, I was pleased to name Steve Sullivan as the first federal ombudsman. This office will be an independent resource for victims who have concerns about areas for which the federal government is responsible, including the federal correction system. Mr. Sullivan will work at arm's length from the government so that victims will be more confident that their views are being heard.

We also recently provided $52 million in funding over the next four years to boost programs, services, and funding for victims of crime, including: enhancing financial assistance to victims to travel to sentencing hearings to deliver victim impact statements, as well as to National Parole Board hearings; increasing funding for services in the north, where rates of victimization are much higher than in the rest of Canada; and providing limited emergency financial assistance for Canadians who become victims of serious violent crimes while abroad.

However, Mr. Chairman, the government also recognizes that it is equally important to prevent criminal behaviour before it has a chance to take root. We are addressing the root causes of crime by supporting community programs with effective social programs and sound economic policies.

In support of these goals, Budget 2007 commits $64 million over the next two years to create a national anti-drug strategy. This investment builds on ongoing annual funding for current programs and initiatives. This government is determined to sever these links by implementing a coherent, comprehensive national strategy against drugs. Although some details of the strategy remain to be worked out, I can say that it will focus on preventing drug use, treating drug addiction, and combatting drug production and distribution. Together, these three action plans will form an integrated, focused, and balanced approach to reducing the supply and demand for illicit drugs as well as the crime associated with them, leading to healthier individuals and safer communities. The strategy will address all illegal drugs, including marijuana, and will include a national awareness campaigned aimed at young people.

To succeed over the long term, I believe we must educate young people about the real risks associated with drug use, such as the dangers to mental and physical health, potential legal consequences, and impacts on career and travel options. It will also spur communities into action and engage local leaders in preventing the harm caused by illegal drugs.

Our government is also providing $20 million over two years to support community-based programs that provide youth at risk with positive opportunities and help them make good choices. And we will continue to work with the provinces, municipalities, police, and community leaders in areas threatened by gun and gang violence to support programs that reach out to young people.

We've also continued the drug treatment court program, which is an important initiative of the Department of Justice. In conjunction with Health Canada, my department has been instrumental in expanding the concept of drug treatment courts beyond the initial pilot program in Toronto to several communities across Canada. Our government supports the use of drug treatment courts because they help reduce criminal behaviour and drug use while holding offenders accountable for their actions.

We've also made changes to improve and strengthen the justice system. Last November, my predecessor implemented changes to the judicial advisory committees. These changes have broadened the base of stakeholders who will contribute to their discussion and assessment of competence and excellence required for federally appointed judges.

More specifically, we've included members of the law enforcement community, a community no less implicated in the administration of justice than lawyers and judges. These new members contribute another perspective on the competent and qualified individuals recommended to me for appointment to the bench. And we have moved expeditiously to fill vacancies in federal and provincial courts. To date, we have appointed 84 federal judges. I think this is an impressive record, given that the coming into force of Bill C-17 on December 14, 2006, provided federally appointed judges with new options for electing supernumerary status, which created even more vacancies. However, I must emphasize that we will not sacrifice the quality of our appointments in the interest of speed. These appointments will continue to be based on merit and legal excellence.

Additionally, in the interests of accountability we have created the Office of the Director of Public Prosecutions and have now begun the process of selecting a permanent director. Candidates will be assessed by a committee, with representation from each political party, the senior public service, and the legal profession. As Attorney General, I will make a choice from among three candidates, and that choice will be referred for approval to a committee of Parliament.

By establishing this office as an entity separate from the Department of Justice, our government has it made absolutely clear that criminal prosecutions are independent from political influence.

At this point, I must clear up two misconceptions.

First of all, this action does not suggest that the government believes federal prosecutors were unduly influenced in the past. As my predecessor Minister Toews has said:

We are not here to correct a problem that has already occurred; we are here to prevent problems from arising in the future.

Second, it's simply incorrect to state, as has been reported, that creating this office has cost the taxpayers an additional $98 million. The truth is this figure represents the budget of the former Federal Prosecution Service, which was a division of the Department of Justice. After the transfer, the budget for the department decreased.

The key driver in creating this office is to be as cost neutral as possible. It is in fact an investment that will benefit Canadians and increase their confidence in the justice system.

Mr. Chairman, although our government has been making great strides in improving our justice system, there is still a great deal left to accomplish.

There are still nine bills in Parliament for which I am responsible as Minister of Justice and which I am committed to bringing into force.

We introduced Bill C-9 to restrict the use of conditional sentences to ensure that people who commit serious crimes will serve their time behind bars, not in the community.

We introduced Bill C-10 to impose escalating mandatory minimum penalties for serious gun-related crimes. This legislation outlines clear consequences for gun crimes: prison sentences that are in keeping with the gravity of the offence.

As I mentioned, Bill C-10 seeks to increase the minimum penalty for gun crimes. This matter will soon be discussed in Parliament, and I hope that bill will be restored to the way it was prior to being amended.

Our legislative priorities also include Bill C-27, which will ensure tougher sentences and more effective management of dangerous offenders, including imposing stricter conditions on repeat offenders to keep such criminals from offending again. Bill C-27 responds to concerns that repeat and violent sexual predators are not being properly sentenced or managed once released into the community by strengthening the dangerous offender provisions and sections 810.1 and 810.2, the peace bond provisions, of the Criminal Code. No one will be automatically designated a dangerous offender upon third conviction, and that's another misconception, Mr. Chairman, that I would like to clear up. Crown prosecutors may or may not elect to seek dangerous offender status. In those cases where the Crown elects to proceed, the offender will be given the opportunity to explain why they should not be designated as dangerous, and judges will determine whether the offender should be designated as a dangerous offender.

We are also working to strengthen the laws against alcohol-impaired and drug-impaired driving. Bill C-32 will ensure that drug-impaired drivers face similar testing to that which drunk drivers now face. It will give police better tools to detect and investigate drug- and alcohol-impaired driving, and it will increase penalties.

Bill C-22, which this committee recently considered and supported, will better protect youth against adult sexual predators, including against such predators on the Internet, by raising the age of sexual consent from 14 years to 16 years. I believe there is a broad consensus among Canadians that raising the age of protection is the right thing to do. We know it is strongly supported by many who work with youth or advocate on their behalf. I know there's a great deal of support across different levels of government, and indeed across the political spectrum.

This law would also bring Canada in line with many other developed countries throughout the world. It's time to get serious in dealing with the crimes of adult sexual predators and it's time to take a realistic and respectful approach to protecting our young people.

Beyond the legislative agenda is our role as the lead department on the national anti-drug strategy, as announced in Budget 2007. The Department of Justice has traditionally had a role in supporting the development of drug policy, and until recently played an integral part in the prosecution of drug offences. It also has responsibility for the youth justice policy development, including the Youth Criminal Justice Act.

As mentioned previously, along with preventing illicit drug use and treating dependency, this strategy will also crack down on gangs and combat illicit drug production such as grow-ops and methamphetamine labs.

I will work hard to ensure that the government's tackling crime agenda progresses through Parliament in my role as justice minister and Attorney General, so that we can all enjoy safer streets and more secure communities.

Mr. Chairman, our government has done more than just promise to improve Canada's system of justice to create safer communities; we have backed it up with financial resources. I am pleased to note that Budget 2007 reflects the government's commitment to building safer communities and creating a better Canada. We are cooperating on a number of initiatives.

On the new national drug strategy, which I have mentioned, we are committed to $64 million over the next two years to refocus current efforts on combatting illicit drug use and manufacturing, as well as prevention and treatment.

We renewed the aboriginal justice strategy with funding of $14.5 million over two years. This will significantly increase the number of aboriginal communities and people that have access to community justice programs. Under the strategy, aboriginal communities will take greater responsibility for the administration of justice, leading to a further reduction in crime and positive impacts at the community level.

We have allocated an additional $6 million per year to strengthen current activities on combatting the sexual exploitation and trafficking of children and to ensure that those who commit these heinous crimes are brought to justice.

In addition, for the first time in more than 10 years, the provinces and territories will have stable and predictable funding for criminal legal aid. This approach will permit jurisdictions to develop long-term strategies to support the delivery of criminal legal aid.

Budget 2007 takes important steps to prevent crime, as well as the precursors of crime, and to ensure that our corrections, intelligence, and security systems are strong.

Finally, the government recently received the House of Commons subcommittee and special Senate committee reports on the review of the Anti-terrorism Act. I would like to take this opportunity to thank the members of both committees for their excellent work in tackling the numerous issues they were confronted with in the course of their review.

Both committees addressed issues of great concern to the government, and we will consider these recommendations very carefully.

In closing, Mr. Chairman, I wish to thank you and your committee members for your important work. It is an honour for me to take part in this process as Canada's Minister of Justice.

However, I am acutely aware that improving Canada's system of justice is a collaborative effort. Our system is a shared responsibility with the provinces and territories, and our many programs and initiatives require collaboration with our provincial and territorial partners as well as municipalities and other government departments. Together we will continue to work to ensure that Canada's system of justice contributes to the safety and security and well-being of Canadians.

Thank you for this opportunity. I look forward to any questions or comments you may have.

Business of the House

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

Mr. Speaker, on the question of Bill C-16, it is obvious that the Liberal House leader is very concerned about having an election and wants to do anything he can to stop it. Having watched the news last night and having seen some numbers, I can understand his sentiments. That is not surprising.

However, I am also not surprised that he could not remember what the bill was about. That is because it has been out of this House for half a year while the Liberal Senate was trying to deal with it. If those members wanted it passed quickly perhaps they could have avoided making amendments to it. However, there are amendments and we have to consult about them. As well, certainly, the information about everyone having consented is very different from the information that has been provided to me by the other parties to this point.

We will continue to pursue that and we hope to move forward on democratic reform. At the same time, as we said earlier, we will invite the other parties to move forward with Bill S-4 in the Senate. If they want to see things move quickly, that would represent good democratic reform. As well, we invite them to indicate their support for Bill C-43.

However, this afternoon we will continue with the list of bills on today's Projected Order of Business.

Tomorrow we will begin debate on the budget implementation bill. When the House returns from the Easter break, it will continue with the budget implementation bill if it is not already completed tomorrow.

Also on the list of bills for that week are: Bill C-33, on income tax; Bill C-40, on the Excise Tax Act; Bill C-10, on mandatory and minimum penalties; the Senate amendment to Bill C-16, fixed dates for elections, if we can get everyone's agreement on that to move quickly; Bill C-27, on dangerous offenders; and Bill C-45, the Fisheries Act, 2007.

Thursday, April 19 shall be the first allotted day in this supply period.

The Liberal House leader continues to make comments about moving quickly today. I wish he had been over there in the Senate talking to his Senate friends for the past six months while we were waiting. Perhaps while he is busying hurrying things up he can go and talk to the senators about Bill S-4.

I have a motion that I would like to make at this time.

There have been consultations, Mr. Speaker, and I believe that you would find unanimous consent for the following motion. I move:

That, notwithstanding any standing order or usual practices of the House, the remaining debate on the motion to concur in the second report of the Standing Committee on Health be deemed to have taken place and all questions necessary to dispose of the motion be deemed put and a recorded division deemed requested and deferred to Wednesday, April 18, at the end of government orders; and notwithstanding Standing Order 33(2), government orders shall conclude today at 5:30 p.m.

Criminal Code

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I think the member knows that I support Bill C-27. My luring law was able to win multi-party support. It is not that often in the House where we put aside partisan differences and we look at what is best for the country and for our children.

Rather than becoming partisan, I want to express my gratitude to all the other parties, including the Liberals, the NDP and the Bloc, for coming on side and saying that they can all agree that the bill serves the interests of our children.

[Dave Batters, Conservative, Palliser, SK]

Mr. Speaker, I commend my colleague for bringing forward the bill. As a loving father of four daughters and a great parliamentarian, this is something that clearly needed to be addressed and he has boldly done that.

I also thank the members opposite who worked at committee and who have cooperated on this measure.

Does the member find it passing strange and frustrating, as I do, that while he seems to have support now for this very important initiative to protect children from sexual predators over the Internet, we on this side of the House cannot seem to get the cooperation of members of the Liberal Party, the NDP and the Bloc Québécois on Bill C-27, the dangerous offender bill?

The poster boy for that bill is Peter Whitmore. As my colleague rightfully pointed out in his speech that this individual has countless convictions of sex offences. Bill C-27 would provide for reverse onus. For individuals who are convicted three times of violence sexual offences, the onus would be on them to prove why they are not dangerous offenders as opposed to the Crown proving why they are.

Does the member share my frustration in Bill C-27; that we cannot get the same cooperation on this bill that he seems to get for his private member's bill?

Justice

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

Mr. Speaker, I cannot comment on a specific case but I can assure the hon. member that we are absolutely committed as a government to containing violent criminals, keeping them off the streets and making our communities safer.

The good news is that we have introduced Bill C-27 which takes direct aim at repeat offenders who commit crimes over and over again by placing the onus on them to show why they should not be designated a dangerous offender. That is the good news. The bad news is, like all anti-crime measures this month, it is being opposed by the Liberal Party.

[Rob Moore, Conservative, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, the Government of Canada recognizes that organized crime, including gang activity, continues to pose a threat to the safety of our streets and communities. The government is taking both legislative and non-legislative steps to counter it.

For example, with Bill C-10, the government is proposing to toughen minimum penalties for serious repeat firearms offences, tailored in a manner that targets the specific problem that currently exists with respect to guns and gangs.

With Bill C-35, the government is proposing to create a reverse onus for bail for those charged with certain serious firearms offences.

With Bill C-27, we are targeting serious dangerous offenders.

I should point out also that Bill C-25 received royal assent on December 14 and ensures that Canada's anti-money laundering regime more fully complies with international best practices.

The Department of Justice officials are currently undertaking a review of our criminal laws to ensure that Canada's legislative measures appropriately respond to threats posed by organized crime.

Of course, strong laws are not by themselves enough to fully combat the threats posed by organized crime. That is why the government has invested in a range of measures designed to prevent crime before it happens.

For example, we committed nearly $200 million to enhance the ability of our national police force, the RCMP, to combat crime and to keep our communities safe.

We have also invested in crime prevention activities, specifically targeted at youth at risk, and focusing on gangs, guns and drugs.

There are several important reasons why society should be concerned with youth involved in gang activity. Gang members commit a disproportionate number of offences, and commit serious and violent offences at a rate several times higher than youth who are not involved in gangs.

In the 2006 federal budget, the government announced resources in the amount of $10 million per year to prevent youth crime, with a focus again on guns, gangs and drugs.

Last October, federal officials signalled to the provincial and territorial counterparts that resources were available for communities in need.

To date, several proposals have been received and a number of pilot projects that provide programming for youth involved in or at risk of gang involvement have been funded.

Before closing, I would be remiss not to highlight everything Bill C-10 proposes to do to tackle the specific serious threats that repeat firearms offenders pose to our society.

As members know, in spite of a general decrease in gun crimes, the situation across Canada is not looking all that bright and there is a major cause for concern. Serious gun crimes, such as firearm homicides, gang-related homicides, and the proportion of handgun robberies have increased in a number of our larger cities.

The guns and gangs problem is not a concern only in large urban centres of Canada, it is also a concern in some of the rural and other areas across our country. So, this is something that we, as parliamentarians, have to take very seriously.

I should mention what the opposition has done with the government's bill, Bill C-10, that would have had escalating penalties for individuals who commit offences, gang-related offences, and offences with prohibited or restricted firearms. The legislation would have taken a more serious approach with offenders and had escalating penalties for those who were repeat offenders. Unfortunately, the opposition rejected the government's proposal to provide higher minimum penalties for firearms, traffickers and smugglers.

Criminal Code

[Ed Komarnicki, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I am pleased to rise today to speak in favour of this bill. After listening to the comments from the hon. member for Joliette, it seems the Bloc is more concerned about the dangerous offender than the victim, or the young child who has been abused, injured or sexually mistreated, or the mother or father of that child, or those potential children who might be abused. If we pass this legislation, this could otherwise be prevented.

As we know, safe streets and communities are important to all constituents in Canada. We are rightly proud of the history of having safe streets and homes, but times are changing and Canadians are experiencing not only an increase in crime, but an increase in a crime of the most heinous kind, one that is violent and abuses the sanctity of people, particularly children. They have called upon the government to take action. They have called upon the government to pass legislation not only in this area, but in other areas as well. We cannot ignore this problem. We must roll up our sleeves, do the job that needs to be done and work in committee to get the bill passed.

During the last election, we promised Canadians that we would crack down on crime, and that is exactly what we propose to do. We promised, we made a commitment and we are moving on it. We have tabled Bill C-27 in that regard.

In a nutshell, Bill C-27 deals with dangerous offenders and provides for ways of dealing with them. In particular, it also deals with section 810, peace bonds, which can put certain restrictions upon them should they ever get released.

To make it clear, many are calling upon the government to take action. Recent events in the area of Whitewood, Saskatchewan have brought many constituents together. They have presented a petition to the government asking for action. They have said that dangerous offenders should not be out on the loose or if they are released, they should be subject to some of the severest of conditions, so the public is not endangered by their actions. They have not only united the community in that area, but all of the constituency that I represent, including Saskatchewan, as well as provinces beyond.

We have received petitions signed by up to 24,000 to 25,000 Canadians who urge this government to take action. Today, I had the opportunity to file those petitions. It is fitting that we would do it on the day we are introducing Bill C-27, the dangerous offenders legislation. Let us see what they call for in that petition.

They have asked the government to proceed with changes to the justice system in legislation that would result in harsher penalties for convicted pedophiles. They have asked for mandatory or compulsory electronic or other forms of monitoring of pedophiles upon release from custody. They have asked for compulsory public notification and movements of convicted pedophiles. They have asked that we ensure repeat offenders are designated as dangerous offenders.

Why has this situation incited such an interest in the many constituencies, people and communities of Canada? Because the public is fed up. People have had enough of this easy justice, especially where people have been convicted of the same serious offences on at least three occasions, offences that require two or more years of jail time. They are saying there comes a point in time where something needs to be done. These people need to be contained or released under very strict conditions.

I am quite pleased to say that the Government of Canada has responded to the petition that my constituents have filed, and its response is interesting to note. It says that the Government of Canada is fully committed to protecting children from sexual offenders. In the last Parliament, Bill C-2 introduced mandatory minimum penalties for many sexual offences committed against children. These offences are, therefore, not eligible for a conditional sentence of imprisonment.

Also, a number of criminal law reform initiatives have recently been introduced in this regard, including: Bill C-9 to restrict the availability of conditional sentences, which I just mentioned; Bill C-22 to increase the age of protection; Bill C-27, regarding dangerous and high risk offenders, about whom I speak today; and Bill S-3, regarding improvements to the national sex offender registry.

As introduced, Bill C-9 would toughens penalties for a number of sex offences, including offences against children, by making it clear that the conditional sentence is no longer available. Who could argue against that? Bill C-22 would better protect against youth adult sexual predators by raising the age of consent from 14 years to 16 years.

Who opposes this legislation? The opposition parties, the Liberal Party, the Bloc Party and the New Democratic Party have been obstructionist in committee. They have taken clauses out. They have watered them down. They have made them almost of no effect, when just the opposite is what the people of Canada expect. They expect us to get at least that tough, and tougher. They try to use the argument that it might not be constitutional.

However, these individuals, these victims, need protection, and that is exactly what we are about to do. Most Canadians are calling for us to take that action. It would be a good point for the opposition to take that into account, get behind us and have this legislation passed, as opposed to delaying it in committee.

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

Mr. Speaker, I listened with interest to the speech made by the parliamentary secretary on Bill C-27.

The Liberals support all efforts, actions and legitimate measures that respect the Canadian Charter of Rights and Freedoms, while seeking to protect Canadians and to punish offenders who pose a real threat to our community and our safety.

We Liberals wanted to propose changes to the justice system regarding dangerous offenders. Some very serious concerns were raised by the legal community about the constitutionality of this bill.

Why would the Conservatives bring in legislation that would bring amendments to the dangerous offenders system which have the great potential of being declared unconstitutional and, with such a decision on the part of our courts, could threaten the dangerous offenders system that we have right now?

[James Moore, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics]

Mr. Speaker, I appreciate the opportunity to speak to this very important legislation.

In my community there is no more important issue that has been expressed by my constituents in the past couple of campaigns than the issue of criminal justice reform.

The Vancouver area and the lower mainland have some of the highest property crime rates in all of North America and violent crime is also on the rise. This is a growing concern in my community and a growing concern across the lower mainland.

My colleague, the member for Selkirk—Interlake, mentioned that to a lot of Canadians and certainly to a lot of my constituents there is a concern that our justice system is like a fisheries program. It is like a catch and release program rather than a real true justice system where people are held accountable for their behaviour, particularly dealing with the issue of dangerous offenders.

Dangerous offenders is what this legislation is about. It specifically deals with people who have been convicted, who we know are dangerous, who we know are threat to our communities and we know the reality of recidivism rates with people who are particularly sexual offenders and we have an opportunity to hold them accountable and to protect the public. We should take that responsibility seriously and we should enact legislation to protect the public when we know we can. We know we can and our government is trying to do that with the bill.

The dangerous offender provisions have a long history in Canada and have been used as a sentencing tool going back to 1947 with legislation creating the habitual offender designation. That legislation created specific sentencing measures targeting persistent dangerous criminals engaged in the more serious forms of crime. The provisions allowed the courts to impose either a determinate or indeterminate sentence where the crown was able to satisfy the court that the individual's habitual criminal activity was not likely to be deterred by a regular sentence and the individual had been convicted of three or more indictable offences.

Courts were guided by fundamental principles of justice in sentencing to determine that while an offender might be of extreme risk to commit further offences at the time of sentencing, if there was evidence that after a sentence of incarceration and parole that the threat would cease to exist, the court had the duty to impose a determinate as opposed to an indeterminate sentence.

The provisions were amended a number of times but the next major redrafting occurred in August 1997 with the passage of Bill C-55. The most significant amendment in the 1997 legislation was an attempt by the government of the day to do away with the judicial discretion afforded prior to that time for a dangerous offender to be given a determinate or fixed sentence.

The rationale behind the move was that a new sentencing option, the long term offender designation, would be offered to those individuals who did not quite meet the dangerous offender criteria. It was perhaps believed that in doing so, the loss of discretion regarding the indeterminate sentence was acceptable to the courts from a charter perspective, given the availability of the lesser long term offender designation.

As has been mentioned many times during the debate on the bill, in 2003 the Supreme Court of Canada ruled in R. v. Johnson that while Parliament could do many things, it could not remove the discretion of the sentencing judge in a dangerous offender sentence and still respect the Charter of Rights and Freedoms. The court reiterated the principles established by the Supreme Court of Canada's previous leading case on the charter viability of the indeterminate sentencing option in R. v. Lyons handed down in 1987.

As a result of the 1997 amendments and the decision in Johnson, we ran into a new, albeit unanticipated, problem regarding the sentencing and management of dangerous offenders. The impact has been that a number of individuals who were originally intended to receive the indeterminate sentence of dangerous offender are instead being sentenced under the lesser long term offender option, with the result that these individuals will eventually be released into the community under a long term supervision order of up to 10 years.

From the perspective of the crown prosecutors, the impact of the Johnson decision was that, in many cases, they are now under an additional burden. Not only must they approve beyond a reasonable doubt that the offender meets the dangerous offender criteria, as was the case prior to the decision in Johnson, but they must also prove beyond a reasonable doubt that the lesser sentence of a long term offender designation could not be used to successfully manage the risk that the individual posed to society.

Offenders who otherwise arguably would qualify for an indeterminate sentence on evidence that they are very likely to repeat their sexual or violent offences when released, can now argue much more easily that they will be manageable under a regular sentence followed by a 10 year supervision period in the community. Let us be clear that post-Johnson, the offender often strategically decides to simply refuse to cooperate with the evaluation process knowing this will frustrate the crown's ability to prove anything beyond a reasonable doubt. If the crown cannot meet this burden then the court cannot impose the indeterminate sentence.

Clearly, action was required to resolve these new anomalies. Bill C-27 does take some bold steps but the suggestion that this proposal is unconstitutional in any way is not founded on an accurate understanding of either the current state of the law on dangerous offenders or what Bill C-27 actually does propose.

The concern appears to be centred on an assumption that there is a constitutional requirement in a sentencing hearing to be presumed innocent until proven guilty. This argument cites the need to respect section 11(d) of the Charter of Rights and Freedoms. While I agree that it is a fundamental principle of justice that a person charged with an offence is presumed innocent until proven guilty, as enshrined in the charter, this tenet simply does not apply to the sentencing process.

I note that the Supreme Court of Canada, in the landmark case R. v. Lyons, canvassed the issue of whether rights associated with trial proceedings could be extended to dangerous offender proceedings. The court in Lyons was clear that the section 11 charter right regarding the procedural protection to be tried by jury does not extend to the sentencing phase. In my view, this rationale applies equally to the right to be presumed innocent until proven guilty. In other words, it does not apply to the sentencing process. It is very clear.

This fundamental right is analogous to the other procedural rights enumerated in section 11 and, as such, it is hard to suggest that the logic applied previously by the court in Lyons would be any different. The individual has already been presumed innocent, has been tried and has been found guilty. The right to be presumed innocent has been preserved and nothing in Bill C-27 touches the sanctity of this basic principle of justice or charter right.

While I respect the opinions of members opposite, it is nonetheless my view that the presumption of dangerousness after the third conviction is constitutional given that it is consistent with the Supreme Court of Canada's decision in R. v. Lyons.

I recognize the opposition's concerns. Nonetheless, I believe that it would be a great disappointment to all Canadians if the bill were to fail to proceed further than this debate.

I support Bill C-27 and I support sending it to committee for further study and consideration. Indeed, this is where I believe these issues can be more thoroughly considered, addressed and discussed.

We need the bill to pass to ensure more consistent consideration of the dangerous offender provision by crown prosecutors and to ensure more effective management of high risk offenders. That is what Canadians expect of us, that is why the legislation should pass and that is why I encourage all members of the House to support the legislation. We must hold criminals and multi-convicted criminals accountable for their behaviour. Let us stand up and do something right for victims for once.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, in Bill C-27, which is before us for debate and has been for a bit of time now, there are two essentially different issues that are being addressed. Almost all the debate up to this point has been with regard to the dangerous offender portion. As we have heard from the three opposition parties, including the NDP, none of us intends to support this legislation at the vote on second reading.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I appreciate the hon. member's comments about crime prevention.

One of the reasons I became a parliamentarian was I wanted to make sure that our communities were safer. I wanted to make sure that my own family could wander the streets and be in a safe and secure setting. What I hear from my constituents across my riding of Selkirk--Interlake is that they want crime dealt with.

They are concerned that in the past dozen years or so it has been a catch and release system with so many criminals. Essentially we want to make sure that dangerous offenders have to prove they are worthy to go back onto the streets with the reverse onus protocol that we are bringing forward in Bill C-27.

I am hearing accolades across my riding and across the province of Manitoba. We are hearing from provincial and territorial governments across the country that they want Bill C-27 brought into force.

There is talk that this is going to cost us too much money. Currently there are only 360 dangerous offenders registered in Canada. The reverse onus protocol that we are bringing in might increase that number by 50%. We are not talking about a huge cost. We are talking about a corrections service that can handle this increased uptake. I am confident that this will bring about the results that Canadians want.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I rise on a point of order. We are debating Bill C-27 today and I encourage the member to focus on that. I know it is tough over there in the Liberal Party these days to be focused and talk about the issues at hand. Today, we are talking about Bill C-27, reverse onus, dangerous offenders. Going into detail about crime prevention, although it is interesting and it is something on which I agree with him, it is not the bill that we are discussing right now. I ask him to address the debate that is taking place in the House today.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, it is a pleasure today to speak to Bill C-27, An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace). The bill would amend the dangerous offender and long term provisions of the Criminal Code on a number of counts.

I suggest we look at the current situation in our country. When we discuss justice issues, the discussion tends to be fraught with opinion as opposed to fact. It is wise for us to take a look at the facts of the situation right now.

Over the last 10 to 15 years, violence has declined in most of the country with the exception of a recent blip in a couple of large centres, particularly Toronto. Most criminal behaviour has declined with a couple of exceptions, which I will get to in a little while. That is important to note. There are many theories as to why that is the case.

Ultimately one of the most important responsibilities of Parliament is to protect innocent civilians. It is our duty to ensure that we have provisions in the Criminal Code to prevent individuals from committing acts against innocent civilians. If these individuals persist, then we must ensure that they are put in jail. We also have a responsibility to prevent individuals from moving in that direction. We also have a responsibility to look at the antecedents to crime. All of these things are our responsibility.

I want to roll back the clock and look at the earliest aspects of criminal behaviour. I also want to look at what is taking place in our jails. I used to be a correctional officer many years ago. We know that 40% to 50% of people incarcerated suffer from fetal alcohol syndrome. Fetal alcohol syndrome is a leading cause of brain damage at birth. What a tragedy it is that we as a Parliament have been unable to work with our provincial counterparts and other individuals to implement solutions that would prevent this from occurring.

When a pregnant woman drinks alcohol or takes certain drugs, particularly during the first three to six months, it does irreversible brain damage to the fetus. When these individuals grow up, they have IQs running around 60 to 70. We know there is a much greater proclivity for these individuals to fall into criminal behaviour. The tragedy of it all is that it is entirely preventable.

I encourage the government to look at best practises not only in our country, but in other parts of the world, and work with its provincial counterparts to implement solutions that would reduce this situation, which is a quiet tragedy within communities across our country.

If I were to say there is a program that reduces youth crime by 60%, saves the taxpayer $7 for every $1 invested, has a 25-plus years track record and has been retrospectively analyzed, would members not say it was a good thing? Of course they would. Such a program exists and it is the head start program for children. This program has been used in places like New Brunswick, Ypsilanti, Michigan, Hawaii and other centres, and has been proven to have a profound impact on youth crime, a 60% reduction. Why do we not work with our provincial counterparts to implement such a program?

My province of British Columbia has had a tragic decrease in support for children. This is in part due to the federal government's cuts to the provinces for the early learning and child care program. I encourage the government to look at the early learning aspect. A lot of this could be implemented quite simply and not expensively. The key to this is bringing parents into the schools. The program does not work if just the children or just the parents participate. If both are brought together, it works. Here are a few areas upon which the government could do this and how it could accomplish this goal.

If we encourage teachers to bring parents into the school for two hours every second week where they would talk about proper nutrition. A can of Coke and a bag of potato chips for breakfast is not an appropriate breakfast. Second, is talk about literacy. Third, is physical education. Fourth, is appropriate discipline and child care. If we bring that into the system we will be able to—