Bill C-4 (Historical)

Brian Jean Fort McMurray—Athabasca, AB

Mr. Speaker, I appreciate the opportunity to conclude my remarks because this is a very important bill for Canadians, who have expressed their desire to have us pass this into law as soon as possible.

I want to address something that I heard recently with relation to complaints from some quarters, in fact the opposition primarily, that there has not been sufficient time to study Bill C-10 in its entirety. If we look at the history and examination of the charges as they relate to the Youth Criminal Justice Act, we will see how very wrong that is. As I briefly outlined a minute ago, the proposed reforms to the Youth Criminal Justice Act that are contained in part 4 of Bill C-10, being made after consultations with a broad range of stakeholders and members of the public, are in response to key court decisions, such as the Nunn commission of inquiry, an extensive parliamentary study, and indeed, input from provincial and territorial partners.

First, most of us will know that the former Bill C-4 was extensively studied by the House of Commons Standing Committee on Justice and Human Rights prior to the dissolution of the previous Parliament. The committee actually held 16 meetings on that bill and heard from over 60 witnesses. I do not know how anyone in this place or elsewhere can say it was not properly consulted.

Second, prior to introducing former Bill C-4 in March 2010, the Minister of Justice undertook a comprehensive review of the Youth Criminal Justice Act. In February 2008, the Minister of Justice launched that review with a meeting he held with provincial and territorial attorneys general who, I would suggest, know much more than the opposition does in relation to the Youth Criminal Justice Act. They discussed the scope of the review to encourage provincial and territorial ministers to identify the issues that they had, that they had heard from their Crown prosecutors and others relating to the youth justice system, and that they considered the most important. That is very important.

Finally, in May 2008, the Minister of Justice, as I said previously, undertook a series of cross-country round tables usually co-chaired by provincial and territorial ministers in order to hear from youth justice professionals, front line youth justice stakeholders and others around this country about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

To say it was not properly consulted and that we did not spend enough time is simply ludicrous. We have heard from Canadians and they have clearly outlined what they wanted us to do. We have consulted with stakeholders, including the provinces, members of the government and the public and, most importantly, victims. We are listening to victims.

The Nunn commission itself convened on June 29, 2005 and heard from 47 witnesses, with over 31 days of testimony. We are listening to Canadians, reflecting the society that they want, and moving forward on keeping all Canadians safe.

Brian Jean Fort McMurray—Athabasca, AB

Mr. Speaker, thank you for the advance warning of my cutoff.

I have had an opportunity to practise criminal law in Canada for some period of time under the Criminal Code. In fact, I practised law for over 10 years in northern Alberta in a very busy criminal practice. Therefore, I speak to this matter first-hand. I want to let the previous member know that I saw the rotating door of the criminal justice system in Canada, especially in relation to youth offences, and I take exception to his statements relating to more crime. We heard some witnesses say that, but it is utterly ridiculous that if we send people to jail for more time there will be more crime. I do not think any normal Canadian would accept the premise of that member's comments.

However, I am very pleased today to talk about the important changes to the Youth Criminal Justice Act that are included in the safe streets and communities act. I think the title of this particular bill, the safe streets and communities act, is actually the purpose of the bill and exactly what the bill will accomplish once it becomes law. I am very proud to be part of that.

The proposed amendments to the Youth Criminal Justice Act are found in part 4 of Bill C-10, with a few exceptions. The proposals that are in the bill very much mirror the changes that were proposed in the former Bill C-4, Sebastian's law, which, of course, members are familiar with. This was introduced in the House of Commons on March 16, 2010. It was before the Standing Committee on Justice and Human Rights when Parliament was dissolved just prior to the May 2011 election.

The proposed changes to the Youth Criminal Justice Act reflect the concerns that I have heard clearly in committee and that I have heard for years from Canadians who have expressed concern about violent young offenders. When we think of our youth, we do not usually think of violence, but there is a certain minority of the population under the age of 18, youth, as our courts see them, who have no concern for society as a whole and who do commit very violent offences without thinking about the ramifications.

It also deals with youth who may be committing non-violent offences that, frankly, are spiralling out of control. I saw this time and time again. When we would look at a docket in Fort McMurray on a Wednesday, we would see the same names, not just for one week or two weeks but it would be a constant situation of young people who would be before the court on a continuous basis over the same issues. I do not think that is acceptable and I do not think Canadians find that acceptable because we continue to hear from them on that.

The package of Youth Criminal Justice Act amendments also respond to some other issues, particularly those issues that other Canadians and provincial Attorneys General raised with the Minister of Justice in his cross-country consultations.

I want to take a moment to compliment the minister for going door to door throughout the country, city to city, and talking to Canadians first-hand to find out exactly what they were interested in so that we, as a government, could do exactly what we are supposed to do, which is to reflect the priorities of Canadians. This bill would do exactly that.

These amendments also take into account and are responsive to key decisions of the courts, and these are courts right across Canada, provincial courts, territorial courts, superior courts of the provinces, and the Supreme Court of Canada, because, of course, the courts would reflect that, too, but it is ultimately our job as legislators to do that.

These positions also reflect what witnesses have told us. Victims groups and victims came forward and applauded this government on the bill and on specific things that we would bring about in this bill.

The reforms reflect the widely held view that, while the Youth Criminal Justice Act is working well in dealing with the majority of youth who commit crimes, there are concerns about the small number of youth who commit crime. It is a small number but it does not mean it is any less serious, in fact, it is even more serious because if we have an opportunity to deter these people early on in life they can then go back into society as a whole and become good citizens and contribute to society. However, these are people who, as I mentioned before, are repeat offenders and commit serious violent offences.

The proposed changes to the Youth Criminal Justice Act would do several things. First, they would amend the act's general principles to highlight protection of the public. That is very important because the judges, when they look at the act themselves, they can see that one of the primary concerns, which would seem fairly trite, would be to protect the public.

Second, the amendments would clarify and simplify the provisions relating to pre-trial detention, which is very important as well but has become quite cumbersome and complicated in the past years.

The third is to revise the sentencing provisions to include specific denunciation and deterrence factors as sentencing principles. Sentencing principles means that the judge takes that into consideration in the totality of the evidence put before him or her. This would broaden the range of cases for which custody will be available as well. Again, we heard clearly from Canadians that that is what they want.

Fourth is to require judges to consider allowing publication in appropriate cases where young persons are found guilty of violent offences. If we were to read the specific statute regarding this, we would see that it is very difficult for a judge to make that decision, but it is available to the judge if he or she feels it is in the public policy to do so, with some other criteria set out in the act itself.

Fifth is to require police officers to keep records of any extrajudicial measures they use in response to alleged offences by young persons.

Sixth is to define “violent offence” as an offence in the commission of a crime in which a young person causes, attempts to cause or threatens to cause bodily harm and includes conduct that endangers life or safety. It is hard to believe that these particular factors as set out in the Criminal Code were not there before, but this adds that criteria to the sentencing provisions of the judge and the considerations for him or her.

Seventh is to respond to the Supreme Court of Canada's 2008 decision R. v. D.B. by removing the presumptive offence and other inoperative provisions from the Youth Criminal Justice Act and by clarifying the test and onus requirements related to adult sentences.

Finally, eighth is to require that no youth under 18 sentenced to custody will serve his or her sentence in an adult prison or penitentiary. That is very important.

Stephen Woodworth Kitchener Centre, ON

Mr. Speaker, I am honoured to speak today in the debate on Bill C-10, the Safe Streets and Communities Act. I am going to limit my remarks to the changes this bill makes to the Youth Criminal Justice Act. These changes were previously incorporated in Bill C-4, or what was known as Sebastian's law. Those proposals are now in part 4 of Bill C-10, clauses 167 to 204.

The former bill, Bill C-4, was first introduced on March 16, 2010, and was being reviewed by the House of Commons Standing Committee on Justice and Human Rights when the opposition caused Parliament to dissolve on March 26, 2011. Sixteen meetings had been held to study Bill C-4 and over 60 witnesses had already appeared before the committee.

The problems with our current youth criminal justice system were recently highlighted by the results of four months of observation by the Toronto Star of a typical Canadian youth court. I will briefly quote the conclusions reached, which state:

Changes to youth sentencing law in 2003 were supposed to fix an overreliance on custody. Instead, serious offenders are thumbing their noses at the courts because they know they will be treated lightly. Victims feel their voices are not heard. Kids who violently break the law, many from broken homes, are reoffending.

Our government invests significantly in crime prevention and rehabilitative measures and in restorative justice, but a balanced approach to criminal justice requires that we also pay due regard to protecting the public and victims of crime against violent youth offenders and repeat youth offenders. This is what Bill C-10 targets.

A number of amendments to the youth justice provisions of Bill C-10 were tabled by both NDP and Liberal members of the standing committee during clause-by-clause consideration and I will comment on some of the more significant of those.

One proposed amendment relates to protection of the public, specifically calling for the reinsertion of “long-term” ahead of the phrase “protection of the public” in the overarching principles of the Youth Criminal Justice Act. In highlighting protection of the public in the Youth Criminal Justice Act, the government has responded directly to recommendation 20 of the Nunn commission report.

The Nunn commission was a Nova Scotia public inquiry, which examined the circumstances surrounding the tragic death of Theresa McEvoy, who was struck and killed by a youth driving a stolen vehicle. Justice Nunn concluded that highlighting public safety as one of the primary goals of the act was necessary to deal with this small group of repeat offenders that was spinning out of control.

We agree with the conclusion drawn by Justice Nunn that the current provisions of the Youth Criminal Justice Act are not sufficient to deal with this small group of dangerous and repeat offenders. It is simply wrong to suggest that by removing the adjective “long-term” from ahead of the phrase “protection of the public”, we are forbidding consideration of long-term factors. No, by removing a restrictive adjective, we are merely restoring the phrase “protection of the public” to its true meaning. In doing so, we are allowing judges to consider all factors relating to public protection, including short-term and long-term considerations.

It is also very important to note that, just as it was before Bill C-10, protection of the public will continue to be simply one principle of the act, alongside and equal to other principles, such as emphasis on rehabilitation in section 3(1)(b), fair and proportionate accountability in section 3(1)(c) and special consideration for young persons in section 3(1)(d) of the Youth Criminal Justice Act.

Another motion to amend called for the removal of specific deterrents and denunciation from the sentencing principles in the Youth Criminal Justice Act. That is proposed by clause 172 of Bill C-10.

By allowing judges to consider specific deterrents and denunciation in sentencing, and I say only allowing, not requiring, we increase confidence in the youth justice system. We simply give judges the right to choose the tools they feel necessary to deal with the needs of the differing young persons who come before them.

In proposing this amendment, the government is not abandoning the current sentencing principles in the legislation. It is instead giving judges an additional tool to help deal with that small group of repeat and violent offenders where it is reasonable to consider specific deterrents, or even denunciation, for the benefit of the young person and in order to maintain the public's confidence in the administration of justice. Even this provision would be limited in its effect because the application of these provisions, specific deterrents and denunciation, would be subject to the principle that the sentence must be proportionate to the gravity of the offence and the degree of the responsibility of the offender.

Another of our proposals that was discussed quite extensively at the justice committee was the test for publication in clause 185 of Bill C-10. The opposition proposed to amend this clause to basically make this test optional rather than mandatory.

The wider circumstances under which publication bans may be lifted, proposed by clause 185, fulfills our government's commitment to Canadians to ensure that young offenders will be named when the circumstances of their offence requires it. In our view, it would be inappropriate for this provision to be optional when the very purpose of the amendment is to protect the public, and that is not optional. The government is not calling for unlimited publication, but merely equipping judges with an additional tool for circumstances that require it.

In fact, it should be noted that this provision would only make it mandatory for judges to consider, to think about, publication. They are not be required to order publication in any particular case.

The threshold for this is also significant. The judge is required to consider the purpose and principles set out in sections 3 and 38 of the Youth Criminal Justice Act and the judge must decide that the young person poses a significant risk of committing not just any offence but a violent offence and that the lifting of the ban is necessary to protect the public against that risk. If there is no significant risk of violence or if any other solution makes publication unnecessary, then publication remains banned. Furthermore, the onus of convincing the court of these matters remains on the prosecutor.

Our government recognizes the importance of our youth criminal justice system and as such we propose changes in Bill C-10 to address the many concerns that Canadians have expressed about the shortcomings of the current system.

Our government responded to calls for change from several provinces asking for modifications to the former Bill C-4. Manitoba, Alberta and Nova Scotia officials appeared before the commons committee in June 2010 and subsequently provided suggested amendments in relation to pretrial detention, adult sentencing and deferred custody and supervision orders.

Our government considered these submissions and made changes to the applicable provisions found in clause 169 and subclauses 174(2) and 183(1) of Bill C-10. These changes have been well-received by the provinces that proposed them and would ultimately strengthen the youth justice system.

At clause-by-clause consideration, the government also proposed changing clause 168, by replacing the verb “encourager” with the verb “favoriser” in the French version of paragraph 3(1)(a)(ii) of the act. That is a change Minister Fournier from Quebec had requested.

This government is committed to the protection of our communities and to tackling crime committed by young persons. Our view is that this can be achieved without compromising the use of measures outside the judicial process, while still preserving non-custodial sentences for the vast majority of cases where such measures are appropriate.

Part 4 of Bill C-10 would provide judges and others working in the youth justice system with tools needed to deal appropriately with the differing needs of young people who come before them, including the needs of repeat and violent offenders who have not responded well under the current system. Such changes would restore public confidence to our youth criminal justice system.

I invite all the members opposite to join us in these efforts by supporting this bill. Let us join and together take arms against a sea of troubles and, by opposing, end them.

Ed Holder London West, ON

Madam Speaker, I am pleased this afternoon to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

We all know that the safe streets and communities act proposes a wide range of reforms to strengthen the law's response to several things: child sexual abuse and exploitation, serious drug and violent property crimes, terrorism, violent young offenders, offender accountability and management, and the protection of vulnerable foreign workers against abuse and exploitation.

As many hon. members have noted, the bill brings together in one comprehensive package reforms that were included in nine bills that were put before the previous Parliament and that died on the order paper with the dissolution of Parliament for the general election.

I will itemize these. These former bills are: Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders); Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act; Bill C-23B, Eliminating Pardons for Serious Crimes Act; Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-54, Protecting Children from Sexual Predators Act; Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act; Bill C-59, Abolition of Early Parole Act; Bill S-7, Justice for Victims of Terrorism Act; and finally Bill S-10, Penalties for Organized Drug Crime Act.

Many hon. members have participated in several hours of debate today and ongoing debate from the last Parliament to now. It is clear that some do not share the same views as the government about the need to address crime in our society, the need to increase public safety, the need to better balance the role of victims in the justice system and the need to make offenders more accountable.

My remarks here today need not repeat what some of my hon. colleagues have already noted about the key features of Bill C-10 and the importance of these reforms. I propose to briefly comment on the important reforms proposed in Bill C-10 as they relate to the Youth Criminal Justice Act.

The Youth Criminal Justice Act came into effect in April 2003. The reforms now proposed in Bill C-10, Safe Streets and Communities Act, have been shaped by consultation with a broad range of stakeholders. After five years of experience with the Youth Criminal Justice Act, a review was launched by the Minister of Justice in 2008. This began with discussions with provincial and territorial attorneys general to identify the issues that they considered most important.

In May 2008, the Minister of Justice began a series of cross-country round tables, often co-chaired by provincial and territorial ministers, in order to hear from youth justice professionals, front-line youth justice stakeholders and others about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

Input from individuals and organizations was also provided through the Department of Justice website, in letters and in in-person meetings. The results showed clearly that most provinces, territories and stakeholders believe the current youth legislation works well in dealing with the majority of youth who commit crimes. However, there were concerns about the small number of youth who commit serious, violent offences or who are repeat offenders who may need a more focused approach to ensure the public is protected.

Clearly, the message was to build upon the good foundation of the law and make much needed improvements and the reforms proposed in Bill C-10 reflect this. Although the Youth Criminal Justice Act is working well for most youth, particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of the responsibility of the offender.

There have been concerns voiced from many sources and this government has responded. The reforms included in Bill C-10, previously included in Bill C-4, known as Sébastien's law, would enhance our fair and effective youth justice system and result in a system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and re-integration into society in order to promote the protection of the public.

In addressing amendments to the Youth Criminal Justice Act, it is important to note that the act's preamble specifically references that Canada is a party to the United Nations Convention on the Rights of the Child. The Youth Criminal Justice Act also recognizes that young persons have rights and freedoms, including those stated in the charter and the Canadian Bill of Rights. Nothing in Bill C-10 will impair these rights of young persons.

The Youth Criminal Justice Act provides for a range of responses that relate to the seriousness of the crime. These sentences also address the needs and circumstances of the youth and promote rehabilitation.

Amendments to the Youth Criminal Justice Act will ensure that young people under 18 who are serving a custody sentence will serve it in a youth custody facility. It will no longer be possible to put young people in adult prisons or penitentiaries, where the correctional regime is more suited to adults and where young people could all too easily become vulnerable to older, more hardened criminals. It is in the interests of the protection of society that young people become rehabilitated, and this amendment is aimed to ensure that this takes place.

While a sound legislative base is an essential part of ensuring that Canada has a fair and effective youth justice system, it is also essential to address the conditions that underlie criminal behaviour if we are to achieve any long-term or meaningful solution to the problem. Conditions such as addiction, difficult childhoods, mental health, fetal alcohol syndrome, or longer-term marginalization will continue to pose challenges to solving the problems of youth offending.

Our government has implemented various programs to assist in addressing these issues. The national anti-drug strategy has a significant youth focus. On the prevention front, the government has launched a national public awareness program and campaign to discourage our youth from using illicit drugs. The government has made funding available under the youth justice fund for pilot treatment programs that will assist with the rehabilitation of youth who have drug problems and are in the justice system, and for programs that are working toward preventing youth from becoming involved with guns, gangs and drugs.

Partnering with health, education, employment and other service providers beyond the traditional system, we can all work together. For example, through the youth justice fund the Department of Justice provided funding to a pilot program called Career Path, which offers a comprehensive specialized service for youth in the justice system who are at risk or are involved in gang activities. The program offers youth educational training and employment opportunities by connecting them with an employer who will also act as a mentor to facilitate making smart choices, foster pro-social attitudes, build leadership skills and gain valuable employability skills as a viable option to gang membership.

The reforms to the Youth Criminal Justice Act are essential and responsive and should be supported as a key part of a broader effort on the part of the government to prevent and respond to youth involved in the justice system.

I would like to bring it a little closer to home, if I may.

This is the story of Ann Tavares, of London, who suffered a huge loss in November of 2004 when Stephan Lee stabbed her son 28 times. Steven Tavares was an innocent victim who was in the wrong place at the wrong time. His death irreparably scarred the lives of those who loved him forever. That loss is what happened.

To compound her tragedy, her son's killer was found not criminally responsible due to mental disorder and sent to an Alberta hospital the following year. He was conditionally released in May 2008 and is now living in Alberta. All of this happened without notification to the victim's family or the public at large.

Suffering such a loss might have destroyed an individual. However, this became an impetus for Ann's quest to make others aware of what happened to her son and the lack of justice for this heinous crime. She has lobbied tirelessly against the inequities of the system, a system the government is trying to fix.

Ann strongly felt that there needs to be a connection between mental illness and crime. Specifically, she felt that the insanity defence needs to be banned. She felt that to say a perpetrator is not criminally responsible is too subjective. Mental impairment is a defence that anyone can claim. If someone commits a crime, that person should be punished.

She believes mental illness should not absolve someone from the crime they committed. The punishment needs to be based on the severity of the crime, and a fixed minimum time needs to be served before they are put back into the community. However, Ann did want good to come of her tragic situation. In addition to the punishment, she felt that the perpetrator should get mental health treatment, and that to protect innocent victims like her son and the community at large, such criminals should not be released into the community until they have been certified as not a risk to others.

I would like to expand on that through the questions and answers, if I might, Madam Speaker.

Dave MacKenzie Oxford, ON

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act

Bill C-10 is a comprehensive bill that brings together reforms proposed from nine bills that were before the previous Parliament. The short title of the bill, the Safe Streets and Communities Act, reflects the overall intent of this comprehensive legislation. It seeks to safeguard Canadians and Canadian communities from coast to coast to coast. This is such a fundamental principle and objective. To my mind, this objective should be unanimously supported by all parliamentarians in all instances and in all cases. While I appreciate there are many issues on which we as lawmakers may reasonably disagree the safety and security of Canadians, including that of vulnerable children, should never be one such issue.

Let us consider this comprehensive bill is. It proposes amendments that generally seek to do the following:

First, Bill C-10, through part 2, proposes to better protect children and youth from sexual predators. These reforms were previously proposed in former Bill C-54 in the last Parliament, the Protecting Children from Sexual Predators Act.

Specifically, these amendments would propose new and higher mandatory minimum penalties to ensure that all sexual offences involving child victims are consistently and strongly condemned. They would create two new offences to target preparatory conduct to the commission of a sexual offence against a child. They would also enable courts to impose conditions on suspected or convicted child sex offenders to prevent them from engaging in conduct that could lead to their committing another sexual offence against a child.

Second, through part 2, Bill C-10 proposes to increase penalties by imposing mandatory minimum penalties when specified aggravated factors are present for serious drug offences. Those offences would be the production, trafficking, possession for the purpose of trafficking, importing and exporting, possession for the purpose of exporting of schedule 1 drugs such as heroine, cocaine, methamphetamine, and schedule 2 drugs such as marijuana.

These offences often involve organized crime, including gang warfare over turf, which in turn brings its own disastrous impact on Canadian communities. They also enable and feed drug abuse, the negative impact of which is not only felt by the addicted individual but also by the family of that addict, as well as by the Canadian health system and the economy.

These reforms were previously proposed and passed by the Senate in former Bill S-10, the Penalties for Organized Drug Crime Act.

Third, part 2 of the bill includes what was previously proposed in former Bill C-16, the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act to end house arrest for serious crimes.

Under these reforms offences carrying a maximum penalty of 14 years, as well as serious offences that are punishable by 10 years or more and prosecuted by indictment, that result in bodily harm, or the import or export, trafficking and production of drugs, or that involve the use of a weapon, or that is specifically identified, would never be eligible to receive a conditional sentence of imprisonment.

Fourth, Bill C-10, through part 4, proposes to protect the public from violent and repeat young offenders. These amendments include: recognizing the protection of society as a principle in the Youth Criminal Justice Act; making it easier to detain youths charged with serious offences pending trial; requiring the courts to consider adult sentences for the most serious and violent cases; and, requiring the police to keep records of extrajudicial measures.

These reforms were previously proposed in former Bill C-4, Sébastien's law and respond to the Supreme Court of Canada 2008 judgment in Regina v. D.B., and the 2006 Nova Scotia report of the Nunn commission of inquiry “Spiralling Out of Control, Lessons Learned From a Boy in Trouble”.

Fifth, Bill C-10, through part 3, includes proposals to replace the word "pardons" with "record suspensions". It would expand the period of ineligibility to apply for a record suspension and proposes to make record suspensions unavailable for certain offences, including child sexual offences, and for persons who have been convicted of more than three offences prosecuted by indictment and for each of which the individual received a sentence of two years or more.

These reforms were previously proposed in former Bill C-23B, the Eliminating Pardons for Serious Crimes Act.

Sixth, Bill C-10, also through part 3, proposes to codify some additional key factors in deciding whether a Canadian who has been convicted abroad would be granted a transfer back to Canada. These reforms were previously proposed in former Bill C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Seventh, Bill C-10, through part 3, proposes to amend the Corrections and Conditional Release Act to recognize the rights of victims, increase offender accountability and responsibility, and modernize the disciplinary system for inmates. These proposals were previously proposed in former Bill C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act.

Eighth, Bill C-10, through part 1, seeks to deter terrorism by supporting victims of terrorism. Specifically, these reforms would enable victims of terrorism to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that is incurred as a result of an act of terrorism committed anywhere in the world on or after January 1, 1985. These amendments were previously proposed and passed by the Senate in former Bill S-7, the Justice for Victims of Terrorism Act.

Last, Bill C-10, through part 5, proposes amendments to the Immigration and Refugee Protection Act to protect vulnerable foreign nationals against abuse and exploitation. These amendments were previously proposed in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

I have briefly summarized the nine core elements of Bill C-10. All of these proposed amendments seek to better protect Canadians. That is something on which we should all be able to agree. Certainly, we know it is something on which Canadians agree. I call on all members to support the bill at second reading so it can be quickly referred to and studied by the justice committee.

Kyle Seeback Brampton West, ON

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the safe streets and communities act.

The bill would fulfill the government's commitment in the June 2011 Speech from the Throne to bundle and quickly reintroduce crime bills that died on the order paper when Parliament was dissolved for the general election.

Integral to this commitment, as articulated in the Speech from the Throne, are two key statements that I want to quote because I think they give voice to what all Canadians firmly believe.

First:

The Government of Canada has no more fundamental duty than to protect the personal safety of our citizens and defend against threats to our national security.

Second:

Our government has always believed the interests of law-abiding citizens should be placed ahead of those of criminals. Canadians who are victimized or threatened by crime deserve their government's support and protection--

In my view, this precisely characterizes Bill C-10. It packages nine former bills that, collectively, recognize and seek to protect our vulnerabilities; for example, children's vulnerability to being preyed upon by adult sexual predators, foreign workers' vulnerability to being exploited by unscrupulous Canadian employers, and our collective vulnerability to suffering the harms that go hand in hand with serious drug crimes, such as drug trafficking, production and acts of terrorism.

Knowing this, and knowing as well that many of these reforms have been previously debated, studied and passed by at least one chamber, there is no reason not to support Bill C-10 in this Parliament.

Bill C-10 is divided into five parts.

Part 1 proposes to deter terrorism by supporting victims. It would create a new cause of action for victims of terrorism to enable them to sue not only the perpetrators of terrorism but all those who support terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism or omission committed anywhere in the world on or after January 1, 1985.

The State Immunity Act would be amended to remove immunity from those states that the government has listed as supporters of terrorism. These amendments were previously proposed and passed by the Senate in the form of Bill S-7, justice for victims of terrorism act, in the previous session of Parliament. They are reintroduced in Bill C-10, with technical changes to correct grammatical and cross-reference errors.

Part 2 proposes to strengthen our existing responses to child exploitation and serious drug crimes, as well as serious violent and property crimes. It would better protect children against sexual abuse in several ways, including by uniformly and strongly condemning all forms of child sex abuse through the imposition of newer and higher mandatory minimum penalties, as well as creating new core powers to impose conditions to prevent suspected or convicted child sex offenders from engaging in conduct that could facilitate or further their sexual offences against children.

These reforms are the same as they were in former Bill C-54, protecting children from sexual predators act, with the addition of proposed increases to the maximum penalty for four offences and corresponding increases in their mandatory minimum penalities to better reflect the particularly heinous nature of these offences.

Part 2 also proposes to specify that conditional sentences of imprisonment, often referred to as house arrest, are never available for offences punishable by a maximum of 14 years or life, for offences prosecuted by indictment and punishable by a maximum penalty of 10 years that result in bodily harm, trafficking and production of drugs or that involve the use of a weapon, or for listed serious property and violent offences punishable by a maximum penalty of 10 years that are prosecuted by indictment.

These reforms were previously proposed in former Bill C-16, ending house arrest for property and other serious crimes by serious violent offenders act which had received second reading in this House and was referred to the justice committee when it died on the order paper.

It is in the same form as before with, again, a few technical changes that are consistent with the objectives of the bill as was originally introduced.

Part 2 also proposes to amend the Controlled Drugs and Substances Act to impose mandatory minimum sentences for serious offences involving production and/or possession for the purposes of trafficking and/or importing and exporting and/or possession for the purpose of exporting Schedule I drugs, such as heroin, cocaine and methamphetamine, and Schedule II drugs, such as marijuana.

These mandatory minimum penalties would be imposed where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard, or the offence was committed in or near a school.

This is the fourth time that these amendments have been introduced. They are in the same form as they were the last time when they were passed by the Senate as former Bill S-10, Penalties for Organized Drug Crime Act, in the previous Parliament.

Part 3 proposes numerous post-sentencing reforms to better support victims and to increase offender accountability and management. Specifically, it reintroduces reforms previously contained in three bills from the previous Parliament: Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; and Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts.

Bill C-10 reintroduces these reforms with some technical changes.

Part 4 reintroduces much needed reforms to the Youth Criminal Justice Act to better deal with violent and repeat young offenders. Part 4 includes reforms that would ensure the protection of the public is always considered a principle in dealing with young offenders and that will make it easier to detain youth charged with serious offences pending trial.

These reforms were also previously proposed in former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders).

Part 5 proposes amendments to the Immigration and Refugee Protection Act to better protect foreign workers against abuse and exploitation. Their reintroduction in Bill C-10 reflects the fifth time that these reforms have been before Parliament, with the last version being former Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

In short, Bill C-10 proposes many needed and welcome reforms to safeguard Canadians. Many have already been supported in the previous Parliament and Canadians are again expecting us to support them in this Parliament.

Joy Smith Kildonan—St. Paul, MB

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

Bill C-10 is comprehensive legislation that addresses a number of serious issues that are in front of mind for this government and for all Canadians.

It proposes legislative reforms to strengthen our existing responses to: child sexual abuse and exploitation as well as serious drug, violent and property crimes found in part 2, clauses 10 to 51; terrorism, found in part 1, clauses 2 to 9; violent young offenders, part 4, clauses 167 to 204; offender accountability and management, part 3, clauses 52 to 166; and the protection of vulnerable foreign workers against abuse and exploitation, part 5, clauses 205 to 207.

There can be no question that this is an important package of reforms. That is why we must take our task as lawmakers seriously, and study and pass these proposals to ensure the safety of all Canadians.

Bill C-10 compiles the reforms that were included in nine bills that were before the previous Parliament which died on the order paper with the dissolution of that Parliament for the general election. Former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders) is now in part 4 of Bill C-10. Former Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act is now in part 3. Former Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act is now in part 2. Former Bill C-23B, Eliminating Pardons for Serious Crimes Act is now in part 3. Former Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act is now in part 3. Former Bill C-54, Protecting Children from Sexual Predators Act is now in part 2. Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act is now in part 5. Former Bill C-59, Abolition of Early Parole Act is now in part 3. Former Bill S-7, Justice for Victims of Terrorism Act is now in part 1. Former Bill S-10, Penalties for Organized Drug Crime Act is now in part 2.

Many of these former bills were previously debated, studied and some were even passed by the House of Commons. Therefore, they should easily be supported again in this Parliament.

I would like to focus the balance of my remarks on the proposals in Bill C-10 to better protect children against sexual exploitation, that being those reforms now in part 2 of this legislation that were previously in Bill C-54 in the last session of Parliament.

The reforms build on the government's well-established commitment and track record in delivering concrete measures tackling violent crime, and in particular to safeguard children against violent sexual offenders. For example, the Tackling Violent Crime Act, 2008 raised the age of consent of sexual activity from 14 to 16 years to better protect Canadian youth against adult sexual predators. It also better protected all Canadians against dangerous offenders by providing police, crown prosecutors and the courts with much needed tools to more effectively manage the threat posed by individuals who were at high risk of reoffending sexually and violently.

While it is true that our existing criminal laws addressing child sexual abuse and exploitation are already comprehensive and robust, there is always room for improvement. We should never be complacent in ensuring that we are doing all we can to safeguard such a vulnerable segment of the Canadian population.

This point is underscored by Statistics Canada's Canadian Centre for Justice Statistics Juristat article “Police-reported crime statistics in Canada, 2010”, released on July 21, 2011, which reported increases in the rates of child pornography offences as up 36% and sexual assault as up 5%.

The proposed reforms in Bill C-10 are both timely and welcome. They address clear gaps in our existing laws. The address the gap created by inconsistent penalties for sexual assault offences where the victim is a child and the gap that now exists because some of the preparatory conduct engaged in by child sex offenders is not criminalized. They fill a gap in our existing measures to help prevent known or suspected child sex offenders from engaging in conduct that could facilitate their sexual offences.

The proposals in Bill C-10 seek to ensure that all sexual offences involving a child are treated equally, seriously and consistently. They do so by: proposing to impose new mandatory minimum penalties for offences involving child victims that currently do not carry minimum penalties; increasing the mandatory minimum penalties for some child sex offences that are already imposed; and, by increasing the maximum penalties on some other offences. Once these reforms are enacted, there would be a consistent approach to sentencing in all sexual assault cases involving child victims.

Child sexual assault could be charged under any of the child-specific sexual offences or under the general sexual assault offences that also apply to adult victims. Currently, 12 but not all child-specific sexual offences impose mandatory minimum penalties and none of the general sexual assault offences impose mandatory minimum penalties.

In practice, this means that the overwhelming majority of child sexual assault cases do not carry mandatory minimum sentences. This is because the majority of child sexual offences are charged under the general sexual assault offence in section 271, which does not currently impose a mandatory minimum sentence of imprisonment. That is 80% of all child sex offences charged in 2008. The source of this information is Statistics Canada's Canadian Centre for Justice Statistics Uniform Crime Reporting Survey, UCR2. It is very current data.

If we take as our starting point the universally shared view that all child sexual abuse must be strongly condemned and that mandatory minimum penalties are exceptional in the Criminal Code and are reserved for those crimes that Parliament determines must be strongly denounced and deterred, it should be obvious to all that the current use of mandatory minimum sentences for some but not all sexual offences involving child victims is just wrong. That sends a message to some victims that their experience of sexual assault is less serious than that of other child victims. It also sends a message to child sex offenders that they should try to plea bargain for charges under offences that do not impose mandatory minimum penalties.

Bill C-10 contains fundamental legislative safeguards for all Canadians. I call upon the opposition members to put an end to their attempts to obstruct the bill and to support our efforts to keep Canadians safe.

Brent Rathgeber Edmonton—St. Albert, AB

Mr. Speaker, in my previous comments, I was talking about Bill C-10 and specifically the portion affecting the amendments to the Youth Criminal Justice Act.

On the old Bill C-4 from the last Parliament, the justice committee heard concerns from many of the provincial attorneys general concerning the issue of pretrial detention. I would remind the House that the primary concern of provinces with the approach of Bill C-4 was that pretrial detention would not be available to a youth charged with an offence that was not “a serious offence”.

The provisions in the current Bill C-10 address this concern. Under the proposed amendments, pretrial detention of a youth charged with a non-serious offence is possible if the youth has a history that indicates a pattern of either outstanding charges or findings of guilt and if the court finds that detention is necessary for the protection and safety of the public.

This change would allow for detention of so-called out-of-control youth who would pose a danger to society even if that youth were not presently before the court on a serious offence charge.

Moreover, the test for pretrial detention will be self-contained in the Youth Criminal Justice Act, without requiring reference to the Criminal Code provisions as is currently the case.

The second modification to the former Bill C-4 deals with the availability of the deferred custody and supervision order, which is a Youth Criminal Justice Act sentencing option that allows a young person who would otherwise be sentenced to custody to serve his or her sentence in the community under conditions. If those conditions are violated, the young person can be sent to custody.

Under the Youth Criminal Justice Act, this order is not available as a sentencing option if the young person has been found guilty of a serious violent offence, currently defined in the act as an offence in the commission of which a young person causes or attempts to cause serious bodily harm.

The new narrower definition of a “serious violent offence” proposed in Bill C-4 would have expanded the scope of offences for which deferred custody and supervision orders would be available.

However, the provisions in the current bill include the new definition of “serious violent offence” and would also include a change to the amendments proposed in the former Bill C-4 in order to retain the current law on eligibility for these orders, meaning that a deferred custody and supervision order will not be available if the youth is found guilty of an offence involving either serious bodily harm or an attempt to cause serious bodily harm. I think members could agree with me that these modifications are an improvement over the former Bill C-4.

The third modification since Bill C-4 concerns the adult sentencing provisions in the Youth Criminal Justice Act. The amendments to the former Bill C-4 and contained in this new bill would require a prosecutor to consider seeking an adult sentence for young offenders 14 and older who committed serious violent offences. Prosecutors would also have to inform the court if they decided not to apply for an adult sentence for individual 14 or older who were convicted of a serious violent offence. When the Crown would apply for an adult sentence, the onus would have been on the Crown to convince the judge that an adult sentence was justified.

In part these amendments respond to the Supreme Court of Canada ruling in the case of R. v. D.B. that certain provisions of the Youth Criminal Justice Act violated section 7 of the charter. These presumptive offence provisions placed an onus on a young person found guilty of certain serious violent offences to justify receiving a youth rather than an adult sentence and to justify the continued protection of their privacy.

The proposed amendments remove the presumptive offence provisions from the Youth Criminal Justice Act as well as other inoperative provisions to clarify the test for the imposition of an adult sentence and ensure that the onus is on the Crown to satisfy the court as to the appropriateness of an adult sentence.

In the former Bill C-4 the proposed test for an adult sentence would have required that a judge be satisfied beyond a reasonable doubt that an adult sentence was necessary. When we were consulting, a number of the provinces expressed the view that “beyond a reasonable doubt” was too high a standard to meet, was not required by the current case law and would make it significantly more difficult to obtain adult sentences in appropriate circumstances.

The current proposals remove reference to the “beyond a reasonable doubt” standard that had been in the former Bill C-4, thus leaving it up to the courts to determine the appropriate standard of proof, as is the case under the current law.

I think all members of the House will agree that the amendments to the Youth Criminal Justice Act included in Bill C-10 are the result of the widespread consultations and respond to the concerns of Canadians. Our government listened to our provincial and territorial counterparts, to provincial attorneys general, Canadians and victims and have made the necessary changes to this part of Bill C-10.

I think all members can agree that the changes I have described and outlined for the House are reasonable and responsive. I encourage all hon. members to support all parts of Bill C-10.

Brent Rathgeber Edmonton—St. Albert, AB

Mr. Speaker, I am pleased to join the debate on Bill C-10.

As hon. members know, Bill C-10 contains provisions from various bills that were introduced in the previous Parliament, but unfortunately were blocked by the opposition.

The focus of my remarks today will be on the amendments to the Youth Criminal Justice Act.

The proposed changes to the Youth Criminal Justice Act reflect what we as parliamentarians have been hearing from our constituents. They are concerned about the threat posed by violent young offenders as well as by youth who may commit non-violent offences but who appear to be spiralling out of control towards more and more dangerous and harmful behaviour. In talking to fellow Canadians, we have found that they can lose faith in the youth criminal justice system when sentences given to violent and repeat young offenders do not make these youth accountable for their actions.

The package of Youth Criminal Justice Act amendments also responds to issues raised during cross-country consultations, to key decisions of the courts, to concerns raised by the provinces and territories, and to the positions put forward by the many witnesses who appeared before the justice committee during its study of former Bill C-4.

The reforms reflect the widely held view that while the Youth Criminal Justice Act is working fairly well in dealing with the majority of youth who commit crimes, there are concerns about the small number of youth who commit serious repeat or violent offences.

The proposed amendments to the Youth Criminal Justice Act are found in part 4, clauses 167 through 204, of the comprehensive Safe Streets and Communities Act. With a few exceptions, the proposed changes are the same as the changes that were proposed in former Bill C-4, also known as Sébastien's law.

Bill C-4 was introduced in the House of Commons on March 16, 2010 and was before the House of Commons justice and human rights committee, of which I am a member, when Parliament was dissolved prior to the May 2011 election.

As I have indicated, most of the Youth Criminal Justice Act provisions in the bill now before us were included in former Bill C-4. However, after Bill C-4 was introduced in Parliament, a number of provincial attorneys general expressed concerns about the proposed amendments to the Youth Criminal Justice Act provisions dealing specifically with pretrial detention, deferred custody and supervision orders, and adult sentencing.

These concerns were raised directly with the Minister of Justice and were brought before the justice committee. The government has listened carefully to these and other concerns, and has responded by making the appropriate changes to the previous legislation.

As my colleague, the hon. member for Kitchener Centre, has already given the House a thoughtful and thorough description of the provisions that were found in former Bill C-4, I will specifically discuss the minor changes that are included in this version of the bill.

With respect to pretrial detention, the government recognizes that the current Youth Criminal Justice Act provisions are complex, leading to a varied application of the provisions by the courts.

Bill C-4 proposes a much more straightforward approach to pretrial detention that would have allowed courts to detain a youth awaiting trial if the youth was charged with a serious offence and the court found a substantial likelihood that, if released, the youth would either not appear in court when required to do so or would commit a serious offence while awaiting trial.

The provinces' primary concern with the approach of Bill C-4 was that pretrial detention would be available for youth charged with an offence that was not deemed to be a serious offence. They felt that this could prevent detention of a youth who, although currently charged with a non-serious offence, had a prior history of charges or offending and appeared to be spiralling out of control and thus was posing a risk to public safety.

I will be happy to—